OCA CIRCULAR NO. 72-2003, June 16, 2003

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.

Please be informed that the second paragraph of Section 28, Article VII of R.A. 7279 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.

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 RA 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.

__16__ June 2003.