SC asked to declare pro-demolition law as 'unconstitutional'

Hundreds of urban poor protesters on Friday trooped to the Supreme Court to question the constitutionality of the 20-year-old Urban Development and Housing Act (UDHA) which legalized government-led demolitions and forced evictions.

 

In a petition for prohibition and mandamus, militant group Kalipunan ng Damayang Mahihirap (Kadamay) claimed that since its implementation in 1992, the UDHA did nothing but "destroy lives and livelihoods of hundreds of thousands of Filipinos."

 

The filing of the petition came on the eve of the UDHA or Republic Act 7279's 20-year existence. It was enacted into law on March 24, 1992, under the term of the late President Corazon Aquino, mother of incumbent President Benigno Aquino III.

 

"The portion [of the UDHA] which allows demolitions without any court order is therefore violative of the constitutional provision providing that demolitions shall be conducted in a just and humane manner. It must be declared, therefore, as unconstitutional," read the 17-page petition.

 

 

 

The group said the measure only served businessmen, capitalists, and foreign investors, which benefited from demolitions under public-private partnerships (PPP) with the government.

 

"It is very clear that the current government has no plans of developments for the poor people. What the government has are development projects that are in direct observance to foreugn investors' demands... With demolitions comes nothingbut the destruction of our lives, our lives, our homes, our livelihoods," said Joy Lumawod, Kadamay-Metro Manila chairperson.

 

In its petition, the group invoked its right to decent homes provided under Article 25 of the Universal Declaration of Human Rights.

 

Named respondents in the petition were Interior Secretary Jesse Robredo, and Mayors Guia Gomez (San Juan), Herbert Bautista (Quezon City), and John Rey Tiangco (Navotas), and the general manager of the National Housing Authority.

 

The Supreme Court security estimated the number of rallyists to be around 400. Policemen from the Manila Police District secured the rally to prevent any untoward incidents.

 

The protesters also slammed reports that the National Economic and Development Authority had approved 12 massive  PPP projects that would cost P133 billion, including the construction of the LRT-1 extension that will run from Baclaran to Bacoor, Cavite.

 

"The project will destroy and demolish more than 27,000 families, plus an additional 3,000 families that will be affected due to the road widening to serve the beatification of the LRT-1 extension," the petitioner said.

 

The group of protesters is set to march toward Don Chino Roces (formerly Mendiola) Bridge to also protest the recent oil price hikes, as well as basic commodities and services' price increases. The rallyists will reiterate their call to scarp the Oil Deregulation Law and 12-percent extended value added tax (e-VAT). — Mark Merueñas/RSJ, GMA News