Copies of Decision, Writs of Eviction/Demolition and/or Orders of Similar Report Issued in Cases Involving Underprivileged and Homeless Citizens
The OCA Circular No. 183-2018 mandates that all first and second level courts in the Philippines provide copies of decisions, writs of eviction, and demolition orders involving underprivileged and homeless citizens to various government agencies, including the Office of the President and the National Housing Authority. This is to ensure compliance with Republic Act No. 7279, which requires adequate relocation or financial assistance for affected families within a specified timeframe. Specifically, relocation must occur within 45 days of a final court judgment, failing which, financial aid equivalent to 60 days of minimum wage must be provided. The circular updates previous guidelines and emphasizes strict compliance by the courts.
September 3, 2018
OCA CIRCULAR NO. 183-2018
| TO | : | All Judges, Clerks of Court and Sheriffs of the First and Second Level Courts |
| SUBJECT | : | Copies of Decision, Writs of Eviction/Demolition and/or Orders of Similar Report Issued in Cases Involving Underprivileged and Homeless Citizens as Defined under Republic Act No. 7279, Otherwise Known as the "Urban Development Housing Act of 1992" to be Furnished the Office of the President, the Presidential Commission for the Urban Poor, the National Urban Poor Sectoral Council-National Anti-Poverty Commission, and the Concerned Local Government and Local Housing Board |
In order for the concerned government agencies/offices to properly and effectively carry out their mandate in relation to the second paragraph of Section 28, Article VII of R.A. No. 7279, which provides that:
In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:
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(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the order shall be executed; Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.
all first and second level courts are hereby DIRECTED to furnish the Office of the President, the Presidential Commission for the Urban Poor, the National Urban Poor Sectoral Council-National Anti-Poverty Commission, and the concerned local government unit and local housing board with copies of decision, writs of eviction/demolition and/or orders of similar report issued in cases involving underprivileged and homeless citizen, as defined under Republic Act No. 7279. Writs of eviction/demolition shall be furnished the aforesaid agencies/offices forty-five (45) working days prior to the intended implementation.
This circular amends OCA Circular No. 72-2003 1 dated 16 June 2003, and supplements OCA Circular Nos. 05-2006 and 160-2009 2 dated 13 January 2006 and 10 November 2009, respectively, and OCA Circular No. 118-2013 3 dated 25 September 2013.
Strict compliance is enjoined. cDHAES
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Footnotes
1. OCA Circular No. 72-2003 dated 16 June 2003 (Re: Eviction and Demolition Cases Involving Urban Poor).
2. OCA Circular Nos. 05-2006 and 160-2009 dated 13 January 2006 n and 10 November 2009, respectively, (Re: Submission of Copies of Decision, Writs of Eviction/Demolition and/or Orders of Similar Report Issued in Cases Involving Urban Poor to the Housing and Urban Development Coordinating Council).
3. OCA Circular No. 118-2013 dated 25 September 2013 (Re: Copies of Writs of Eviction and/or Demolition and Notices to Vacate to be Likewise Furnished to the Philippine National Police and the Presidential Commission for the Urban Poor).
n Note from the Publisher: Written as "dated 13 January 2003" in the original document.