The Housing and Urban Development Coordinating Council (HUDCC) has been at the forefront of the campaign against professional squatters and squatting syndicates since 2002 by virtue of Executive Order 153, Instituting the National Drive to Suppress and Eradicate Professional Squatting and Squatting Syndicates. With the assistance of agencies such as the Philippine National Police, the Land Registration Authority, the Presidential Commission for the Urban Poor, and the Department of Justice, significant gains have been made in curtailing the activities of professional squatters and squatting syndicates.
The HUDCC has conducted seminars to educate local government officials, police investigators and prosecutors about E.O. 153 and related laws, the modus operandi of professional squatters and squatting syndicates and the mechanics on how to detect fake and spurious land titles.
Together with the Department of Justice (DOJ), the HUDCC is also active in building cases for the prosecution of identified professional squatters and squatting syndicates, particularly those preying on small property owners and urban poor residents.
1. What are "Professional Squatters" and "Squatting Syndicates"?
According to Article I (Definition of Terms) of RA 7279 or the Urban Development and Housing Act:
m. "Professional Squatters" refers to individuals or groups who occupy lands without the express consent of the landowner and who has a sufficient income for legitimate housing. The term shall also apply to individuals who have been previously awarded housing units or home lots award by the government but who sold, leased or transferred the same to settle illegally in the same area or in another urban areas, and non-bonafide occupants and intruders of land for socialized housing. The term shall not apply to individuals or groups who simply rent lands and housing from professional squatters and squatting syndicates.
n. "Squatting Syndicates" refers to groups of persons engaged in the business of squatter housing for profit or gain.
2. Is Squatting a Crime?
No.
Republic Act 8368 has repealed the Marcos-era Presidential Decree 772 "Penalizing Squatting and Other Similar Acts" which declared squatting as a crime.
However, the repeal of PD 772 does not nullify, eliminate or diminish in any way Section 27 of Republic Act No. 7279 or any of its provisions relative to sanctions against professional squatters and squatting syndicates.
3. What Laws Address the Illegal Activities of the Professional Squatters and Squatting Syndicates?
Section 27 (Action Against Professional Squatters and Squatting Syndicates) of RA 7279 states that “the local government unit (LGU), in cooperation with the Philippine National Police, the Presidential Commission for the Urban Poor, and the accredited urban poor organization shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates.
"Any person or groups identified as such shall be summarily evicted and their dwelling or structures demolished and shall be disqualified to avail of the benefits of any government program for housing."
"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 or a fine of not less than Sixty thousand pesos (P 60,000) but not more than One hundred thousand pesos (P 100,000), or both, at the discretion of the court."
4. What Can I Do If There are Professional Squatters and/or Squatting Syndicates in my area?
a. Notify the head of your Barangay, who in turn shall give feedback to the Mayor or the Local Committee Against Professional Squatters and Squatting Syndicates (LCAPSSS) or its equivalent. The Mayor shall undertake activities to investigate and curtail the illegal activities of the professional squatters and squatting syndicate in your area. Or
b. Coordinate with the office of the National Drive Against Professional Squatters and Squatting Syndicates (NDAPSSS) at the 15th floor, Banco De Oro Plaza, Paseo de Roxas cor. Makati Avenue, Makati City at telephone number 8176995. Or
c. Write to the NDAPSSS stating the details of the case and other documents about the professional squattes and squatting syndicate. Or
d. Contact the National Task Force On Professional Squatters and Squatting Syndicates based at the Directorate for Investigation and Detective Management (DIDM) 4th floor, PNP National Headquarters Building, Camp Crame, Quezon City or call 723-0401 local 3590.
5. What Can the Barangay Officials Do If There are Professional Squatters and/or Squatting in their area of jurisdiction?
The Barangay officials have an important role in preventing the intrusion of professional squatters and squatting syndicates in their areas of jurisdiction:
They are directed by law to monitor new settlers in the barangay. To curtail the activities of illegal structures, they should issue barangay clearances for building permits only to those who are able to present legitimate documents, e.g., land title or written permission from the landowner where the structure will be constructed. They should coordinate with the police if there is an information about selling of “rights” for awarded lots.
Per DILG Memorandum Circular no. 98-202 and 98-234, any Barangay Captain who abets and tolerates activities of professional squatters and squatting syndicates may be charged administratively or may be dismissed if found guilty.
6. What Initial Evidence is Needed to Identify an Individual as Professional Squatter or Group as Squatting Syndicate?
To assist the PNP in investigating professional squatters/squatting syndicates, the following may be used as initial evidence:
- Sworn statement or affidavit of complaint executed by the victims on the selling of lots or “rights” against the suspected syndicates or professional squatters.
- Receipts of payments made by the victim/s to the alleged syndicate;
- Copy of “land title” or basis of ownership being used by the alleged syndicate;
- “Certificate of Occupancy” or “Deed of Sale” that was issued by the alleged syndicate;
- Propaganda being used by the syndicate to lure their supposed victims;
- Photographs of the office being used by the alleged syndicate for its operation, if there is any, or the modus operandi being used in running its illegal activities;
- Official police report regarding the verified information about the modus operandi of the alleged syndicate or professional squatter.
7. What Can I Do About Policemen Who are Part of a Squatting Syndicate?
Per NAPOLCOM Circular No. 2002-908, any member of the PNP force who engages, tolerates or supports illegal activities or otherwise acts as a leader of the professional squatters and squatting syndicates may be charged with an administrative case and may be disqualified for promotion and other benefits for retirement.
Report any irregularities to the Directorate for Investigation and Detective Management (DIDM) 4th floor, PNP National Headquarters Building, Camp Crame, Quezon City or call 723-0401 local 3590.
WHEREAS, various instruments have been issued under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act (UDHA) of 1992, instituting mechanisms to curb the nefarious activities of professional squatters and squatting syndicates;
WHEREAS, there is need to further intensify the national drive against those criminal elements that prey on people who need most the protection of law;
WHEREAS, there is need to re-orient and strengthen the existing mechanisms to effectively curtail said menace;
WHEREAS, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 or the Administrative Code of 1987 provides for the continuing authority of the President to reorganize the administrative structure of the Office of the President;
NOW THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Institutionalizing the National Drive Against Professional Squatting and Squatting Syndicates – The national drive against professional squatting and squatting syndicates is hereby instituted.
Sec. 2. HUDCC and DOJ as Lead Agencies – The Housing and Urban Development Coordinating Council (HUDCC) is hereby directed to take the lead in the identification of professional squatters and squatting syndicates, monitor and launch operations through the proper agency or body, to curtail their activities.
The Department of Justice (DOJ), in conjunction with HUDCC’s functions under this Order, shall take the lead in the prosecution of identified professional squatters and squatting syndicates.
The National Committee Against Professional Squatters And Squatting Syndicates established under Executive Order No. 129 dated 15 October 1993 is hereby abolished. All the functions thereof are hereby transferred to HUDCC. Any reference to the National Committee shall by virtue hereof read as referring to HUDCC insofar as such is not consistent with the provisions of this Order.
Sec. 3. Support of Relevant Agencies – The HUDCC and DOJ shall have authority to call on the following government agencies to give their full support, assistance and cooperation in the course of the implementation of the provisions of this Order:
a. Presidential Commission for the Urban Poor (PCUP)
b. Department of Interior and Local Government (DILG)
c. Department of Environment and Natural Resources (DENR);
d. Philippine National Police (PNP);
e. National Urban Poor Sectoral Council of the National Anti-Poverty Commission (NUPSC-NAPC);
f. National Bureau of Investigation (NBI);
g. Land Registration Authority (LRA); and
h. Office of the Solicitor General (OSG)
The above agencies are hereby directed to designate fuill-time staff who shall be asked to coordinate with and work closely with HUDCC and DOJ.
Sec. 4. Strengthening of the National Police Task Force – The National Police Task Force (NPTF) to Apprehend Squatting Syndicates and Professional Squatters created under Executive Order 178 dated 23 November 1999 is hereby strengthened . It shall serve as the operational arm of the HUDCC in the drive against professional squatters and squatting syndicates.
The Philippine National Police (PNP) is herby directed to designate full-time staff and/or personnel to the NPTF.
Sec. 5. Secretariat – The Presidential Commission for the Urban Poor shall provide secretariat support to HUDCC, DOJ, and the NPTF.
Sec. 6. Funding Requirements – The initial funding requirement for the implementation of the provisions of this Order shall come from the budgets of HUDCC, DOJ, PNP, and PCUP respecting each of their functions herein. Subsequent funding shall be incorporated into their respective regular budgets.
Sec. 7. Reporting to the Executive Secretary – The HUDCC and DOJ shall submit their regular reports to the Executive Secretary relative to the implementation of the provisions of this Order.
Sec. 8. Implementing Guidelines – The HUDCC and DOJ, in consultation with relevant agencies and other stakeholders, shall jointly formulate and adopt guidelines for the effective implementation of this Order.
Sec. 9. Repealing or Amendatory Clause – All other executive orders, rules, regulations and other issuances or parts thereof inconsistent with this Order are hereby repealed, superseded or modified accordingly.
Sec. 10. Effectivity – This Executive Order shall take effect immediately.
DONE in the City of Manila, this 10th day of December, in the year of the Lord Two Thousand Two.
