As a matter of fact

A gloomy Monday morning!

By Sara Soliven De Guzman

This was indeed a very long weekend for the nation. Search teams, fishermen, local folk have been looking for the Piper Seneca light plane that carried DILG Secretary Robredo and his team bound for Naga from Cebu. Apparently, the plane’s propeller failed and caused the crash at sea, hundreds of meters away from the Masbate airport at around 4:30 p.m. last Saturday.

Secretary Jessie Robredo is a man who people more often than not misunderstood. He began his work with the P-Noy administration on the wrong foot with the Luneta hostage fiasco. And then his name resurfaced again during several squatter disputes on demolition issues leaving the public a wrong impression that Robredo is an iron man without a compassionate heart for the underdog.

But after these events, his journey took an upward climb. He warmed up and began getting positive ratings. People saw through him and believed in his causes. He worked for a cause — for the good of the country. He was indeed a part of the President’s men who wants to get this country moving.

Secretary Robredo suddenly won the hearts of the people because of his work ethics. His reputation is that of an industrious man laboring day and night just to get things done.

And right on the eve of his very important mission for the country, he gets lost in sight. If we cannot ever find him, this country indeed just lost a man who was an ally to the people.

I do not personally know the man but I weep with sadness along with many people out there who feel the same way about him. His actions spoke louder than his words. Yes, we urgently need men just like him.

Let us hope against hope that things will turn out well.

* * *

Last week, Secretary Robredo, MMDA Chairman Tolentino and Public Works Secretary Rogelio Singson urged mayors to create committees on squatting to dismantle houses in the danger zones. It’s a good thing almost all mayors agreed except for one – Makati Mayor Jun-jun Binay. I wonder why?

Anyway, I still cannot get over the problem why our mayors have allowed squatters to thrive in their cities if they are strict in following zoning laws. Or how these mayors have had the audacity of allowing squatters to build make shift homes when they very well know that these weak structures with insufficient utility systems.

You know when you construct a house or any structure for that matter the municipality requires owners to submit a bunch of building documents and permits. Before any single pole or wood can even set foot in the construction site, a permit is required. On the other hand, why can the poor get away without having permits? Mind you, it is very difficult to get those permits from the different sections of the municipality especially with the red tape and corruption going on out there.

Isn’t public safety the major reason for all these requirements? So why is there a huge discrepancy here? And a violation on the LGUs part for allowing such practices? This clearly shows that the LGUs don’t care about safety. They may claim otherwise but again – action speaks louder than words.

Squatting has been a big social and economic issue in the Philippines. Is there any courageous solon willing to open ‘pandoras box’ on our squatting laws to improve the present situation we have?

Squatting used to be a crime during the time of President Ferdinand Marcos. He issued Presidential Decree No. 772. Section 1 states, “any person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential, commercial or any other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos…” This made the eviction of squatters during this time successful.

Unfortunately PD 772 was repealed when Republic Act 8368, or the “Anti-Squatting Law Repeal Act of 1997” took effect. This Act also authorized the dismissal of all pending cases drawn on the provisions of PD 772. This Act, however, did not mean that people would have the unbridled license to illegally occupy lands they do not own. RA 8768 was considered a major piece of legislation on the country’s anti-poverty program as it sought to confront the perennial problem of poverty at its root, abolish an otherwise inutile and oppressive law, and pave the way for a genuine urban housing and land reform program. The authors of this law led by Senator Gringo Honasan wanted to decriminalized squatting but did not want to encourage or protect acts of squatting on somebody else’s land and did not have the intention to compromise the property rights of legitimate landowners. But look what happened?

In 1992, President Cory Aquino signed into law Republic Act No. 7279 (Urban Development and Housing Act) or the Lina Law, an Act to provide for a Comprehensive and Continuing Urban Development and Housing Program with sanctions that are applicable only to “professional squatters” which are defined to be, individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded home lots or housing units by the government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. This Act however, explicitly excludes from the definition “individuals or groups who simply rent land and housing from professional squatters or squatting syndicates.”

As we all know by now, these laws are not of any help at all in solving the squatter problem. As a matter of fact, the numbers continue to increase and the government has become helpless in finding a long-term solution to the problem.

Apart from being a society that likes to use the “humanitarian” tag when it comes to squatters, our government has also been lacking in political will to solve the problem. Section 29 of RA 7279 mandates the relocation of persons living in the so-called danger areas for two years from the effectivity of the law. It provides that within the two years from the effectivity of this Act, the local government units, in coordination with the National Housing Authority, shall implement the relocation and resettlement of people living in danger areas such as creeks, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks, roads, parks, and playgrounds. Both agencies shall provide relocation sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families. Obviously this mandate was never accomplished consistently. As a matter of fact it seems that it has become a “when the need arises” job. Susmariosep! I remember NHA turning-over houses to those affected by typhoon Sendong last year, but after this all became quiet in the NHA front. A city mayor when asked why the relocation of squatters is going too slow said that it is because the building of the houses is also slow. Sanamagan!