Eviction and Demolition Cases Involving Urban Poor
OCA Circular No. 72-03, issued on June 16, 2003, addresses eviction and demolition cases involving urban poor citizens under Republic Act No. 7279, the Urban Development and Housing Act of 1992. It mandates that local government units and the National Housing Authority ensure adequate relocation for affected families within 45 days following a court's final judgment. If relocation is not feasible within this timeframe, financial assistance equivalent to 60 days of the prevailing minimum wage must be provided. Additionally, all first and second level courts are required to submit copies of relevant decisions and eviction/demolition writs to the Presidential Commission for the Urban Poor five days prior to their implementation to ensure compliance with the law.
Quick Answers
- What is Eviction and Demolition Cases Involving Urban Poor about?
- OCA Circular No. 72-03, issued on June 16, 2003, addresses eviction and demolition cases involving urban poor citizens under Republic Act No. 7279, the Urban Development and Housing Act of 1992. It mandates that local government units and the National Housing Authority ensure adequate relocation for affected families within 45 days following a court's final judgment. If relocation is not feasible within this timeframe, financial assistance equivalent to 60 days of the prevailing minimum wage must be provided. Additionally, all first and second level courts are required to submit copies of relevant decisions and eviction/demolition writs to the Presidential Commission for the Urban Poor five days prior to their implementation to ensure compliance with the law.
- What type of law is OCA Circular No. 72-03?
- Eviction and Demolition Cases Involving Urban Poor (OCA Circular No. 72-03) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Eviction and Demolition Cases Involving Urban Poor enacted?
- Eviction and Demolition Cases Involving Urban Poor (OCA Circular No. 72-03) was enacted on Jun 16, 2003.
- What is the citation for Eviction and Demolition Cases Involving Urban Poor?
- Eviction and Demolition Cases Involving Urban Poor, OCA Circular No. 72-03, Jun 16, 2003 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 72-03
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 16, 2003
OCA CIRCULAR NO. 72-03
| TO | : | All Judges, Clerks of Courts, and Sheriffs of the First and Second Level Courts |
| RE | : | Eviction and Demolition Cases Involving Urban Poor |
In a dialogue with the Presidential Commission for the Urban Poor (PCUP), concerns were raised regarding reports that writs of eviction and/or demolition issued by the courts in relation to matters covered by Republic Act No. 7279 (Urban Development and Housing Act of 1992) were being implemented even without full compliance with the prerequisites established by that law. DTSIEc
Please be informed that the second paragraph of Section 28, Article VII of R.A. No. 7279 provides that:
In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:
xxx xxx xxx
(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.
Further, considering that the PCUP, under Executive Order No. 152, Series of 2002 is the sole clearing house and monitoring body relative to eviction and demolition compliance with the provisions of R.A. No. 7279, all first and second level courts are hereby DIRECTED to furnish the Presidential Commission for the Urban Poor, Office of the President, Malacañang, copies of decisions issued in cases involving the urban poor in order for the Commission to properly and effectively carry out its mandate. Writs of eviction/demolition in those cases shall also be furnished the Commission five (5) days prior to its intended implementation.
For your compliance. AEIcTD
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
Cite This Law
Eviction and Demolition Cases Involving Urban Poor, OCA Circular No. 72-03, Jun 16, 2003 (Philippines)
Eviction and Demolition Cases Involving Urban Poor, OCA Circular No. 72-03 (Phil. 2003)
Related Laws
- Submission of Copies of Decision, Writs of Eviction/Demolition and/or Orders of Similar Report Issued in Cases Involving Urban Poor to the HUDCCOCA Circular No. 05-06 • Jan 13, 2006 • Supreme Court Issuances
- Copies of Decision, Writs of Eviction/Demolition and/or Orders of Similar Report Issued in Cases Involving Underprivileged and Homeless CitizensOCA Circular No. 183-2018 • Sep 3, 2018 • Supreme Court Issuances
- Procedural Guidelines in Case of Demolition and EvictionOCA Circular No. 328-2022 • Nov 22, 2022 • Supreme Court Issuances
- Copies of Writs of Eviction and/or Demolition and Notices to Vacate to be Likewise Furnished to the Philippine National Police and Presidential Commission for the Urban PoorOCA Circular No. 118-13 • Sep 25, 2013 • Supreme Court Issuances
- Consultative Conference for Just and Humane Eviction and Demolition on August 13, 2013 at the Waterfront Insular Hotel-Davao, Lanang, Davao CityOCA Circular No. 096-A-13 • Aug 1, 2013 • Supreme Court Issuances
- Dropping of the OCA Circulars Requiring the Submission of Reports by the First and Second Level CourtsOCA Circular No. 247-2018 • Nov 23, 2018 • Supreme Court Issuances
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