Executive Order No. 153

1. Executive Order No. 153 INSTITUTING THE NATIONAL DRIVE TO SUPPRESS AND ERADICATE PROFESSIONAL SQUATTERS AND SQUATTING SYNDICATES, AMENDING E.O. NOS. 178, S. 1999, AND 129, S. 1993, AND FOR OTHER PURPOSES

2. R.A. 7279“PROFESSIONAL SQUATTERS” • Who occupy lands without the express consent of the landownersand who have sufficient income for legitimate housing • Previous awardee of housing lots or unitsby the government but who sold,leased or transferred the same to settle illegallyin the same place or in another urban area • Non-bona fide occupants and intrudersof land reserved for social housing

3. “PROFESSIONALSQUATTER” • The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates

4. R.A. 7279“SQUATTING SYNDICATES” Groups of persons engaged in the business of squatter housing for profit or gain.

5. SQUATTING SYNDICATES • Claim ownership of land or authority to sell land, when in truth, they have no legal right or authority • Use fake titles • Use Spanish titles • Organize groups to occupy lands

6. Section 27. Action Against Professional Squatters and Squatting Syndicates • The local government units, in cooperation with the Philippine National Police, the Presidential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor organization in the area, shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates, as herein defined. •  Any person or group identified as such shall be summarily evicted and their dwellings or structures demolished, and shall be disqualified to avail of the benefits of the Program. A public official who tolerates or abets the commission of the abovementioned acts shall be dealt with in accordance with existing laws.  • For purposes of this Act, professional squatters or members of squatting syndicates shall be imposed the penalty of six (6) years imprisonment of a fine of not less than Sixty thousand pesos (P60,000.00) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court. 

7. Executive Order No. 153 “Instituting the National Drive to Suppress and Eradicate Professional Squatting and Squatting Syndicates Amending EO Nos. 178, 129 and for Other Purposes” • Issued on December 10, 2002 • Instituting the National Drive Against PSSS

8. Salient Features Exec. Order 153 • HUDCC as lead agency in identifying PSSS, monitoring and launching operations • DOJ as lead agency in prosecuting identified PSSS • Provisions of support and designation of fulltime staff from PCUP, DILG, DENR, PNP, NUPS/NAPC; NBI, LRA, OSG • Strengthening of National Police Task Force (NPTF) against PSSS as operation arm of HUDCC • Provision of PCUP of secretariat support to HUDCC, DOJ and NPTF

9. OBJECTIVES • Enhance institutional arrangements at the national level for the effective implementation of the national drive to suppress and eradicate professional squatters and squatting syndicates; • Strengthen the Local Committee Against Squatting Syndicates and Professional Squatters (LCASSPS) in support of this national drive; • Provide operational guidelines for the identification of squatting syndicates and professional squatters;

10. Roles of the LGU under Section 27 and 30 of R.A. 7279 • The local government units, in cooperation with the Philippine National Police, the Presidential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor organization in the area, shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates, as herein defined. • After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind of illegal dwelling units of structures within their respective localities. The head of any local government unit concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section shall be liable to administrative sanctions under existing laws and to penal sanctions provided for in this Act. 

11. Local Committee Against Squatting Syndicates and Professional Squatters (LCASSPS) COMPOSITION • Mayor with permanent alternate; • Local chief of PNP with permanent alternate; • Representative of PCUP; • President of PCUP-accredited urban poor organization; • Duly designated or deputized representative of HUDCC; • President of Association of BarangayCouncils (ABC) of municipality/city; • Representative from private sector who shall be chosen by above members.

12. Functions of the Local Committee • Adopt measures to identify and curtail the activities of PSSS • Provide HUDCC and NHA list of PSSS • Provide legal assistance to victims of PSSS • File charges before the court or Prosecutor’s Office • Undertake investigation on violation cases on demolition and eviction • Monitor demolition and eviction activities • Submit reports to the HUDCC and the Office of the President, in the implementation of RA 7279 • Call on any government entities for assistance, if necessary.

13. Action Against Offenders • Operation • LGUs, upon recommendation of their local committees shall summarily evict the offenders and demolish their structures • Prosecution • Enforcement of penalty provisions of RA 7279 • Prevention • LGUs, PCUP and PNP shall monitor new illegal entrants

14. Operational Flowchart Conducts social preparation Task Force (TF) receives the complaint Endorses the complaint to LCASSPS TF and LCASSPS to conduct joint ocular investigation of the site Endorses joint report w/ recommen-dation for eviction or demolition to the LGU Includes: info gathering, title verification, and documentation City/ Municipal Mayor signs the Notice of Eviction/ Demolition DEMOLITION PROPER Delivery of Notice to Occupants/ Posting Writes Report in Affidavit Form, with Inventory TF dismantles TF presents Authority to dismantle Voluntary Dismantling

15. Anti-Squatting Operations Framework Strict Adherence to Rule of Law (RA 7279 and other laws) Respect for Human Rights and Adherence to Social Justice Intelligence LGU ANTI-SQUATTING PLAN Inter-Agency (National) Coordination and Public Relations Logistics Operations Plan Budget

16. Human Rights and Social Justice • Conduct community dialogues • Consider and include welfare of children and elderly in planning and budget • Consult with DSWD and Commission on Human Rights (CHR) • Provide temporary shelter for evacuees/settlers during and 2-3 days after demolition

17. Rule of Law • RA No. 7279 and its Implementing Rules and Regulations • Executive Order Nos. 129 and 153

18. Intelligence and Threat Assessment (through dialogues, surveys, surveillance, DPAs) • Population • Associations • Terrain • Threat assessment

19. Logistics • Manpower • Food and water • Tools and equipment • Vehicles with designated drivers • Building/construction materials • Others

20. Budget • Honorarium • Freelance demolition crew • Logistic requirements • Food and water • Demolition and support crew • Local police and observers • Children, elders, evacuees

21. Inter-Agency Coordination • Coordination meetings with CHR, HUDCC, PNP, PCUP, NHA and other relevant government agencies

22. Public Relations • Prepare press kit (by PIO ) • Set up media interview protocol • Establish media center

23. Operations Plan • GANTT Chart • Pre-demolition • D-Day

24. Post Eviction • After the structure has been dismantled, the Team shall • clear and secure the area and take measures to prevent re-entry • re-evict intruders without notice and cause the filing of criminal charges against them. b. The Team Leader of the TFRR shall prepare the eviction report and inventory to be signed by members of the team as well as the Barangay Chairman. If the squatter family is willing, he may also sign the report. c. The eviction report shall be prepared in triplicate, the original to be filed with the Task Force, the duplicate with the Barangay Chairman and the triplicate with the PCUP office.

25. Post Demolition • Clean up • Secure area • Perimeter fence • Outposts • 24/7 posting of POSO • Roving patrol by local police • Temporary evacuation site • Food and water • Inform evacuees of temporary nature of assistance • Preparation of necessary documents

26. Measures for containment of area Strict implementation in the issuance of Barangay clearance or building permit i.e. certificate of title should be shown Alternative: on-going housing program

27. Prosecution Task Force/PNP plus victims Gathering of Evidence Identification of titling issues Identification of titling verification Documentation of findings Conduct of research on Case Preparation of affidavit/Complaint Coordination with DOJ re : Witness Protection Program Filing of Complaint Audience with Fiscal TRIAL Judgment

28. INITIAL EVIDENCE NEEDED TO IDENTIFY INDIVIDUALS OR GROUPS AS SQUATTING SYNDICATE OR PROFESSIONAL SQUATTERS • Sworn statement or affidavit of complaint from the victims of selling of lots or “rights” for lot award from the syndicates or professional squatters; • Receipts of payment made by the victim/s to the alleged syndicate; • Copy of “land title” or basis of ownership that are being used by the alleged syndicate; • “Certificate of Occupancy” or “Deed of Sale” that was issued by the alleged syndicate;

29. INITIAL EVIDENCE NEEDED TO IDENTIFY INDIVIDUALS OR GROUPS AS SQUATTING SYNDICATE OR PROFESSIONAL SQUATTERS • Propaganda being used by the syndicate to lure their supposed victims; • Picture of the Office being used by the alleged syndicate for their operation if there is or the modus operandi being used in running their illegal any, activities; • Official police report, regarding the verified information about the modus operandi of the alleged syndicate and professional squatter.

30. For inquiries on the conduct of training and seminars, please call the NDAPSSS Secretariat at: • (02) 817-6995 or (02) 811-4167 • Or you may visit us at: • 15/F, Banco de Oro Plaza • Paseo de Roxas, Makati City

31. THANK YOU!