How Can Informal Settlers Be Evicted Under the Lina Law?

Introduction

The eviction or demolition of informal settler communities in the Philippines is not solely a matter of land ownership. Even a registered landowner or local government unit must comply with statutory safeguards before removing underprivileged and homeless families from occupied land.

The governing law is Republic Act No. 7279, or the Urban Development and Housing Act of 1992, commonly called the Lina Law. It requires that eviction and demolition be carried out only in accordance with law and in a just and humane manner. The law also identifies limited instances when summary eviction may be allowed.

What Is the Lina Law?

Republic Act No. 7279 establishes the national urban development and housing program. It seeks to provide socialized housing, protect underprivileged and homeless citizens, regulate the disposition of public and private urban land, and prevent inhumane eviction practices.

Its provisions apply to local government units, government agencies, project implementers, landowners, and other persons or entities seeking to remove informal settlers. The constitutional basis is Article XIII, Section 10 of the 1987 Constitution, which provides that urban and rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with law and in a just and humane manner.

When May Informal Settlers Be Evicted?

Eviction or demolition may be undertaken only on legally recognized grounds and after compliance with the procedures under Section 28 of Republic Act No. 7279 and related regulations.

Under the law and its implementing rules, summary eviction may apply to:

• New squatter families whose structures were built after the effectivity of Republic Act No. 7279;
• Professional squatters; and
• Members of squatting syndicates.

A new squatter generally refers to a person or group occupying land without the express consent of the owner after March 28, 1992. Professional squatters include persons who occupy land without consent despite having sufficient income for legitimate housing, persons who previously received government housing but transferred or sold it and thereafter occupied another area illegally, and non-bona fide occupants or intruders of land reserved for socialized housing.

The classification of occupants must be properly established. A general assertion that all residents are “squatters” is not, by itself, sufficient authority for immediate demolition.

What Procedures Must Be Followed?

Except in instances covered by lawful summary eviction, the following safeguards must be observed before an eviction or demolition is carried out:

• At least 30 days’ notice must be given to the affected persons or entities;
• Adequate consultation must be conducted with the duly designated representatives of the families to be resettled and with the affected communities in the relocation area;
• Local government officials or their representatives must be present during the eviction or demolition;
• All persons participating in the demolition must be properly identified;
• The operation must take place during regular office hours from Monday to Friday and during good weather, unless the affected families consent otherwise;
• Heavy equipment may not be used, except for permanent structures made of concrete;
• Police personnel must wear proper uniforms and observe appropriate disturbance-control procedures; and
• Adequate relocation, whether temporary or permanent, must be provided when required by law.

These requirements were reaffirmed in Kalipunan ng Damayang Mahihirap, Inc., et al. v. Robredo, et al., G.R. No. 200903, 2014. The Supreme Court recognized the constitutionality of the provisions allowing summary eviction in specific circumstances, but stressed that the statutory safeguards must be strictly followed.

Is Relocation Required Before Demolition?

Generally, yes, when the affected occupants are underprivileged and homeless citizens and the demolition falls within the protective scope of Section 28 of Republic Act No. 7279. The relocation must be adequate and must include basic facilities and services required by the law.

Under Memorandum Circular No. 302, local government units are directed to ensure adequate consultation and relocation before any eviction or demolition. The circular states that financial assistance cannot ordinarily be used as a substitute for adequate relocation, except in court-ordered evictions or demolitions.

“Adequate” relocation is not limited to the mere identification of vacant land. The relocation site should be suitable for human habitation and should provide the basic facilities and services required under Republic Act No. 7279, including access to water, electricity, sanitation, transportation, education, health services, and livelihood opportunities where required by the circumstances.

What Happens in Court-Ordered Evictions?

When eviction or demolition is carried out pursuant to a court order involving underprivileged and homeless citizens, the local government unit and the National Housing Authority, with the assistance of other government agencies, must undertake relocation within 45 days from service of notice of final judgment.

If relocation is not possible within that period, the affected families must receive financial assistance equivalent to the prevailing minimum daily wage multiplied by 60 days. This financial assistance is an alternative available in the specific situation covered by the law; it does not generally dispense with the duty to provide adequate relocation in non-court-ordered demolitions.

What Rules Apply to Government Right-of-Way Projects?

Government infrastructure projects may involve additional procedures under Republic Act No. 10752 and its implementing rules. The IRR of Republic Act No. 10752 requires the implementing agency to coordinate with housing authorities, local government units, and other concerned agencies when a right-of-way project will displace informal settlers.

The implementing agency must help establish or develop resettlement sites and provide adequate basic services and community facilities. Where structures remain despite a court-issued writ of possession, the court may issue the necessary writ of demolition, but the implementing agency must still observe Sections 28 and 29 of Republic Act No. 7279.

Can a Mayor Order Demolition Without Court Intervention?

Only in limited circumstances expressly authorized by law. A mayor does not possess unlimited power to declare structures illegal or dangerous and order their demolition without observing the statutory requirements.

In Altarejos, et al. v. Bautista, et al., G.R. No. 247009, 2024, the Supreme Court held that local chief executives may order demolition or eviction without court intervention only on grounds expressly provided by Republic Act No. 7279 and related laws. The Court further explained that the authority to declare a structure dangerous or illegal and order its demolition primarily belongs to the building official, not simply to the city mayor.

A demolition order issued outside the limits of that authority may constitute grave abuse of discretion and may be declared void.

Special Rules for Danger Areas

Republic Act No. 7279 covers occupants of danger areas, including areas exposed to hazards or located in places where continued occupation presents a serious risk to life and property. Local governments may undertake removal from such areas, but the operation must still comply with the statutory requirements on notice, consultation, relocation, and humane treatment.

DILG Memorandum Circular No. 2017-89 directs local chief executives to address illegal structures in danger areas and requires local governments to implement measures intended to prevent reoccupation. The circular also emphasizes that eviction and demolition must comply with Section 28 of Republic Act No. 7279.

What Local Governments Should Do Before Demolition

Before issuing or implementing a demolition order, the local government should create a complete administrative record showing legal authority and procedural compliance.

• Conduct and document a census or validation of the affected families;
• Determine whether the occupants are new squatters, professional squatters, members of a squatting syndicate, or underprivileged and homeless citizens entitled to statutory protection;
• Identify the legal ground for eviction or demolition;
• Issue the required written notices within the prescribed period;
• Conduct genuine consultations with affected families and their representatives;
• Prepare and inspect the proposed relocation site and its facilities;
• Coordinate with the National Housing Authority, the appropriate housing authorities, the police, and other concerned agencies; and
• Prepare an operation plan complying with the limitations on time, personnel, equipment, and police participation.

DILG Memorandum Circular No. 302 also directs local government units to inform the appropriate DILG officials at least seven working days before an intended eviction or demolition.

What Private Landowners Should Do

Private landowners should first establish ownership and the absence of consent to occupy the property. They should secure a current title, tax records, survey plans, photographs, affidavits, and other evidence showing the location, identity, and circumstances of the occupants.

A landowner should not rely on private force, threats, utility disconnection, destruction of structures, or self-help demolition. These acts may expose the responsible persons to civil, criminal, or administrative liability and may undermine an otherwise valid claim for possession.

The proper course may include a demand to vacate, barangay proceedings when applicable, a judicial action for recovery of possession or unlawful detainer, and coordination with the local government on relocation and demolition procedures. The appropriate remedy depends on the length and nature of the occupants’ possession, the existence of tolerance, and the applicable procedural facts.

When May Immediate Dismantling Be Allowed?

Immediate dismantling may be permitted for structures covered by the statutory rules on summary eviction, such as structures built after the effectivity of Republic Act No. 7279 and structures occupied by persons properly identified as professional squatters or members of squatting syndicates.

Even in these cases, government authorities should document the classification, coordinate with the affected urban poor organizations when required, and ensure that the operation is conducted by the agency legally authorized to demolish. Summary eviction is not a general license to remove all informal settlers without notice or verification.

What Remedies Are Available Against an Unlawful Demolition?

An affected occupant may consider administrative, civil, or judicial remedies when a demolition is carried out without legal authority or in violation of statutory safeguards. Depending on the circumstances, possible remedies may include an action for injunction, damages, restoration of possession, or a petition for certiorari challenging a government act issued with grave abuse of discretion.

In Altarejos, et al. v. Bautista, et al., G.R. No. 247009, 2024, the Supreme Court recognized that a demolition order issued beyond the authority of the issuing official may be void. The availability and proper form of relief will depend on the challenged act, the parties involved, the timing of the demolition, and the existence of an adequate remedy in the ordinary course of law.

Common Compliance Errors

Several practices commonly create legal problems:

• Issuing a demolition order based only on the mayor’s directive without identifying the statutory authority;
• Treating every informal settler as a professional squatter;
• Providing a relocation site without adequate basic services;
• Conducting demolition without the required notice and consultation;
• Using heavy equipment against non-concrete structures; and
• Invoking a general clearing directive as an independent basis for demolition without complying with Republic Act No. 7279.

Administrative issuances concerning clearing operations must be read consistently with Republic Act No. 7279. They cannot be used to remove procedural protections expressly granted by law.

Conclusion

The Lina Law permits the eviction and demolition of informal settlements only within defined legal limits. The responsible authority must establish the applicable ground, provide the required notice and consultation, observe the operational safeguards, and arrange adequate relocation when the law requires it.

Local governments and private landowners should document every stage of the process and obtain advice before commencing an eviction operation. Informal settlers, on the other hand, should promptly verify the legal basis of a demolition order, request written notices and relocation information, and seek appropriate legal assistance when statutory safeguards are disregarded.

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