Baguio gov’t set to start crackdown vs squatting

 By Aileen P. Refuerzo

BAGUIO CITY – The city government is set to start a crackdown against illegal squatting and structures in this summer capital. 

Mayor Benjamin Magalong assumed chairmanship of the city’s anti-squatting and anti-illegal structures committee tasked to head action on complaints and issues on illegal structures, illegal activities of professional squatters and squatting syndicates.

In Executive Order No. 21-2019, the mayor retained members City Legal Office, City Building and Architecture Office, Baguio City Police Office Director, Presidential Commission on Urban Poor representative and the Public Order and Safety Division chief.

The mayor also retained restructured procedures and guidelines in the demolition of illegal structures as spelled out in Administrative Order No. 72 series of 2013 of former mayor Mauricio Domogan save for the involvement of the POSD in the investigation which was now fully relegated to the CBAO.

As per the approved process, complaints for alleged illegal constructions will be filed with the CBAO which will conduct an investigation on the complaint based on their own investigation procedures.

The city imposes different demolition procedures depending on the circumstances of the structures being complained.

For ongoing illegal constructions situated on titled properties or areas covered by an order of award, the owner of the structure if he happens to also be the owner or awardee of the lot will be given 60 days to legalize his structure.

Otherwise, the owner will be charged for violation of Presidential Decree 1096 and the structure will be subject for demolition.

For illegal structures built on lots not owned by the structure owner and for structures built on unregistered lots, the structure owner will be asked to discontinue the construction or dismantle the structure within 24 hours.

If the owner refuses, then the city will undertake the demolition and file a criminal complaint against the owner.

For illegal structures completed or built after January 1, 2006, the same procedure apply for those where the owner of the structure is also the owner of the lot if the lot is titled while for those who do not own the titled lot and for those who built on unregistered lots, the investigation report will be endorsed to the anti-squatting committee for deliberation and appropriate action.

For structures built within the right of way of national roads, the complaint will be endorsed to the Dept. of Public Works and Highways (DPWH) Baguio City Engineering District pursuant to Dept. Order No. 52 while those built on public places, right of way of city or barangay roads and danger areas, forest reservations, water reservation and similar areas, the investigation report and notices of violations will be endorsed to the city administrator for immediate issuance of demolition order.

Appropriate offices will be tasked to issue the certifications regarding the location of the structure.

"All complaints not covered by the order shall be dismissed without prejudice to the parties taking alternative legal remedies... However, even if the complained illegal structure was constructed prior to January 1, 2006 if the same is already the subject of an issued Demolition Order and a case has been filed in court, the said complaint shall not be dismissed to allow the case already filed in court to continue until its judicial determination and resolution," the order notes.

As to the guidelines for the implementation of demolition orders to be implemented by the city demolition team, the owner of the property subject of the demolition order will be duly notified by furnishing him a copy of the Demolition Advice and Demolition Order at least 30 days before the date of demolition.

The implementation of the order will be done in coordination with the BCPO.

The following safeguards will be complied with: Notice through the Demolition Advice at least 30 days prior to the date of demolition; Proper identification of all persons taking part in the demolition; execution of demolition will be done only during regular office hours from Mondays to Fridays except during inclement weather and disasters unless the affected parties consent otherwise; no use of heavy equipment for demolition except for permanent and concrete structures; and use of proper uniforms for PNP who should occupy the first line of law enforcement and observe proper disturbance control procedures; and all those provided in Republic Act 7279.