Republic Act No. 7279 (Urban Development and Housing Act of 1992 — UDHA)
Section 28 — Eviction and Demolition — Mandatory 30-Day Notice and Relocation Before Demolition
“Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: (a) when persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; (b) when government infrastructure projects with available funding are about to be implemented; or (c) when there is a court order for eviction and demolition. In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: (1) notice upon the affected persons or entities at least thirty days prior to the date of eviction or demolition; (2) adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled...”
A notice given less than 30 days before demolition violates RA 7279 Section 28. If the required consultations have not taken place, or if adequate relocation has not been arranged, the demolition is unlawful and can be challenged before the court. Seek an urgent injunction from the Regional Trial Court.
1987 Philippine Constitution
Article XIII, Section 9 — Constitutional Protection Against Illegal Eviction
“The State shall, by law, and for the common good, undertake, in cooperation with the public sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas.”
The Constitution mandates the State to protect the housing rights of underprivileged citizens. Violations of RA 7279's demolition procedures also violate the constitutional mandate. Human rights organisations such as the Commission on Human Rights can receive complaints about large-scale illegal evictions.