Due process of getting rid of informal settlers in private properties

by AB&B on April 17, 2023

The due process of getting rid of informal settlers in private properties in the Philippines involves following the legal procedures outlined in the Republic Act No. 7279, also known as the Urban Development and Housing Act of 1992, as well as other relevant laws and regulations.

1. Identification of Informal Settlers: The landowner must identify the informal settlers occupying the property and determine whether they have legal rights to the land.
2. Notice: The landowner must give written notice to the informal settlers of the intention to evict them from the property. The notice must be in writing and served personally or through registered mail. It must also inform the informal settlers of their right to contest the eviction in court.
3. Filing of Complaint: If the informal settlers refuse to vacate the property, the landowner may file a complaint for unlawful detainer or ejectment before the appropriate court. The complaint should include the grounds for eviction, such as non-payment of rent or violation of the terms of the occupancy agreement.
4. Court Hearing: The court will then schedule a hearing to hear both sides and determine whether the eviction is lawful and just. The informal settlers have the right to present evidence to contest the eviction, and the court will consider all the evidence presented.
5. Court Decision: If the court determines that the eviction is lawful and just, it will issue an order for the informal settlers to vacate the property within a specified period. The court order must be executed by a sheriff or other authorized personnel.
6. Relocation: It is important to note that the landowner must provide alternative housing or relocation sites for the informal settlers. This is in line with the Urban Development and Housing Act, which mandates the provision of affordable housing to all Filipinos, including informal settlers.

It is important for the landowner to follow these legal procedures to ensure that the eviction of informal settlers from private properties is done legally and justly.