Urban poor files motion for clarification before SC on Manila Bay clean-up

02/17/2009

A group of urban poor communities has filed before the Supreme Court a motion for clarification in connection with the SC order to the Metropolitan Manila Development Authority (MMDA) for the clean-up of Manila Bay.

The petitioners represent the more than 70,000 families living in the surrounding area of Manila Bay who would be affected by the demolition to be undertaken by MMDA following the decision of the SC last December for the conduct of a “clean-up” of Manila Bay.

In their petition, the Urban Poor Associates, Community Organizers Multiversity, Community Organization of the Philippine Enterprise, Kabalikat sa Pagpapaunlad ng Baseco, Ugnayang Lakas ng mga Apektadong Pamilya sa Baybaying Ilog Pasig and residents along the stretch of Radial 10 Boulevard in Tondo, Manila asked that the SC issue a clarification in connection with the demolition to be undertaken by the MMDA with regards to the informal settlers in the area.

The petitioners stressed that the decision of the SC declared that only the MMDA has the right to conduct such clearing operations in the area.

But they said, the decision did not give instructions on how such clean-up of the Manila Bay would be undertaken.

“The Manila Bay case did not raise nor include the issue of the rights of the urban poor before demolition or eviction is carried out. Neither did it involve as an issue the manner and the requisites to be followed and complied with prior to the demolition or eviction,” the petitioners noted.

The petitioners pointed out that Republic Act 7279, otherwise known as the Urban Development and Housing Act of 1992, more popularly known as the Lina law, provides that families living in danger zones can be asked to transfer their residence on the condition that there should be proper relocation sites following a consultation.

“This clarification from the court is urgently needed because the usual practice of MMDA is to demolish dwellings without giving notice and doing away with consultation, and without providing adequate relocation,” the petitioners said.

“In fact, MMDA practices summary demolition based on the Building Code and the provision on summary demolition under the Civil Code,” they added.

The SC earlier ordered concerned government agencies to coordinate efforts in preserving the historic Manila Bay, which is considered one of the main tourists attractions in the country, owing to its world-famous “Manila Bay sunset.” PNA

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