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Friday, December 9, 2011

QC HALL AND COURTS TO SIGN AGREEMENT ON EVICTIONS

Quezon City Hall and the QC Regional Trial Courts (RTC) and Metropolitan Trial Courts (MeTC) are moving towards closer coordination, including furnishing the office of the mayor with copies of all motions for the issuance of writ of execution on eviction and demolition to minimize, if not eradicate, any unruly incidents while in the process of serving said court order.

To implement this, a memorandum of understanding will be signed by Mayor Herbert Bautista and Executive Judges Ma. Luisa Padilla, of the QC-RTC and Nadine Jessica Corazon Fama, of the QC-MeTC on Monday (December 12). This is to ensure the orderly manner of executing eviction or demolition orders, especially in cases involving underprivileged city residents.

Aside from the writ of execution on eviction and demolition, the city will also be requiring the city courts to furnish local government officials, particularly in the urban poor affairs office (UPAO), with copies of all notices of hearing on petition for the issuance of writ of possession and writs of execution on eviction and demolition.

Under the agreement, the QC government and the city courts shall coordinate with each other to ensure that the mandatory requirements provided under Section 28 of Republic Act 7279 otherwise known as the Urban Development and Housing Act (UDHA) will be observed properly.

UDHA makes it mandatory for the issuance of notice upon the affected persons or entities at least 30 days prior to the date of eviction or demolition and provides that execution of order of eviction or demolition shall be implemented only during regular office hours and during good weather, unless the affected families consent otherwise.

The law also states that parties shall ensure proper identification of all persons taking part in the demolition. Any person authorized by the court (particularly sheriffs) to execute the demolition order must be in proper uniform, including members of the Philippine National Police, who are required to occupy the first line of law enforcement and observe proper civil disturbance control procedures.

In cases where the execution involves private property, the QC government, assisted by a sheriff or any court-authorized representative, shall coordinate with the National Housing Authority (NHA) or with the property owner for purposes of possible relocation to avoid spill out or illegal occupation of roads, streets or government properties by the evicted residents.

Also under the memorandum of understanding, the city government shall conduct consultations with the duly representatives of the affected families on matters concerning resettlement. Precy/Ej/Maureen QuiƱones, PAISO

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