Solon wants ‘final, executory’ court order before eviction, demolition

In a bid to allow underprivileged and homeless Filipinos to fight for their right to decent housing, a party-list lawmaker is proposing a measure ensuring that a court order for eviction or demolition is "final and executory" before it is implemented.

SAGIP party-list Representative Rodante Marcoleta on Wednesday sponsored his House Bill 151 during the meeting of the House Committee on Housing and Urban Development.

The measure seeks to amend Section 28(c) of RA 7279 or the Urban Development and Housing Act of 1992.

The said provision enumerates the circumstances where eviction or demolition may be allowed, which include the issuance of a court order.

But under Marcoleta's proposal, the "court order" being referred to in the law should be one that is already "final and executory."

"Meaning to say, if it is only an order which is still appealable in courts, that is not the kind of order that is enforced to be contemplated under the law under RA 7279," he said.

Marcoleta pointed out that normally, those who win in a land dispute case are the owners of the land who have the wealth and influence most of the time.

Even as the case can still be appealed, the land owners would already file for a motion for execution pending appeal, the grant of which would allow them to evict the occupants.

Marcoleta said his bill would allow occupants of the land, who are usually poor, to take their appeals up to the highest court possible.

"Bigyan natin ng occupant o defendant ng pagkakataon hanggang umabot siya doon sa pinakamataas na uri ng korte. Kung Supreme Court na ang nag-order, yun na ang pwede nating gamitin na court order, ibig sabihin final na siya," he said.

"Itong amendatory provision na ito, makatutulong doon sa defendant na mailaban niya ang kanyang karapatan hanggang doon sa antas na maaaring abutan ng kaniyang pakikipaglaban sa kaniyang karapatan," he added.

At the same time, Marcoleta's amendment proposes that "no execution pending appeal will be granted or allowed by the courts in cases involving underprivileged and homeless citizens" covered by RA 7279.

"This implies that these individuals have no money to pay appeal fees or the supersedeas bond necessary to stay the execution of an ejectment case pending appeal," the explanatory note of the bill read.

A technical working group has been created by the House panel to further study and consolidate Marcoleta's bill with other measures prescribing a code of conduct for eviction or resettlement of underprivileged and homeless citizens and the demolition of their houses. — BM, GMA News