MEMORANDU

M CIRCULAR
NO. 2506

UPDATED STANDARD OPERATING

PROCEDURES GOVERNING SUMMARY
EVICTION OF ILLEGAL OCCUPANTS AND
DISMANTLING OF STRUCTURES IN NHAOWNED OR ADMINISTERED PROPERTIES
AND PROJECTS

BACKGROUNDER
Presidential Decree No. 1472
dated June 11, 1978 states that the
National Housing Authority shall have the
power to summarily eject, without the
necessity of judicial order, any and all
squatters' colonies or government
resettlement projects, as well as any
illegal occupant in any homelot, apartment
or dwelling unit owned or administered by
it.

Memorandum Circular No. 60

dated August 14, 1978 provided for the
standard operating procedures under PD
1472 to evict all illegal occupants in NHA

BACKGROUNDER
Memorandum Circular 2506
issued to clarify and harmonize the
National Housing Authoritys (NHA)
processes governing the summary
eviction of illegal occupants and/or
dismantling of structures with the
provisions of Republic Act No. 7279,
otherwise known as the Urban
Development and Housing Act of
1992 and its Implementing Rules and
Regulations and existing jurisprudence
for the proper utilization, disposition and

Section 1

DEFINITION OF TERMS
1.1.

Authority
refers to the National Housing
Authority.
1.2. Dismantling
refers to the removal of structures and/or part
thereof, improvements and extensions built
illegally by occupants on NHA-owned or
administered properties and projects without the
necessity of judicial order.

1.3. Eviction
refers to the removal of illegal occupants and their
belongings without the necessity of judicial order.

1.4.

Illegal Occupants

Section 1

DEFINITION OF TERMS
1.5. Illegal Structures
refer to structures and/or part thereof,
improvements and extensions constructed
in NHA-owned or administered properties and
projects without the consent of the NHA.
1.6. NHA-Owned or Administered Properties
and Projects
properties that are administered by NHA and
acquired by virtue of existing laws and other
modes of transfer made in favor of the Authority
and/or titled in the name of the Republic of the
Philippines or NHA.
This also refers to government resettlement

Section 2

COVERAGE

The following illegal occupants and/or structures shall be subject to eviction and/or dismantling:

2.1. Illegal structures as defined in Section

1.5
2.2 Those who entered and constructed
structures in projects/properties owned or
administered by the Authority without the
latters consent.
2.3. Those who failed to apply and
submit the prescribed requirements to
legalize their occupancy.

Section 2

COVERAGE

The following illegal occupants and/or structures shall be subject to eviction and/or dismantling:

2.5. Those who have executed contracts

with the Authority but have violated the
terms and conditions stipulated in the
contract, such as but not limited to:
2.5.1whose contracts were cancelled due to
arrearages of more than three (3) months;
2.5.2. unlawfully transferred their award to
another;
2.5.3. violated the Authoritys occupancy rules
as prescribed in the contract;
2.5.4. whose accounts/contracts have
matured/expired but have not fully settled

Section 3

PRE-REQUISITES TO EVICTION AND/OR DISMANTLING

As a general rule, prior to the execution of the eviction and/or dismantling, the following shall be observed:

3.1. The Project Office must ensure that

pertinent Memoranda Circular and other
issuances of the Authority have been
complied with.
3.2 The Project Office shall provide
adequate information on options
available for the illegal occupants.

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1. Pre-Eviction and/or PreDismantling Phase

4.1.1. Organization of the Project
Eviction and Dismantling
Management Team (PEDMT)
The Group Manager of the Area
Management Office (AMO) shall
create, through an Office Order, a
Project Eviction and Dismantling
Management Team (PEDMT) that is

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1. Pre-Eviction and/or PreDismantling Phase

Organization of the Project Eviction and
Dismantling Management Team (PEDMT)
4.1.1.

The PEDMT shall perform the following:

Direct, manage and coordinate all eviction and
dismantling activities;
Prepare and submit an annual Eviction and
Dismantling Work Plan and Budget and ensure that the
logistical requirements are ready and available prior to
eviction and/or dismantling;
Organize and conduct orientation for the Manpower
Assistance Team (MAT) who will undertake the actual
eviction and/or dismantling;

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.2. Organization of the Project InterAgency Committee (PIAC)
The PIAC shall have the following functions:
(a) Provide a forum for conflict management,
discussion, and resolution of issues and
concerns before, during, and after eviction
and/or dismantling;
(b) Facilitate the orderly, peaceful and
humane eviction and/or dismantling; and
(c)Ensure that the eviction and/or dismantling

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or Pre-Dismantling Phase

4.1.2. Organization of the Project InterAgency Committee (PIAC)
The PIAC shall be composed of, but not limited, to, the duly
designated representatives of the following agencies/entities
whose participation are in accordance with their respective
mandates:
Chair
: PEDMT Chairperson
Members:
Local Government Unit (LGU)
Commission on Human Rights (CHR)
Presidential Commission for the Urban Poor (PCUP)
Department of the Interior and Local Government/
Philippine National Police (DILG/PNP)
Housing and Urban Development Coordinating Council (HUDCC)
Concerned Barangay ; Civil Society Organization (CSO)
Community/Homeowners' Association (HOA), as applicable

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.3. Inter-Agency Coordination
(a) Notice to PIAC and other stakeholders.
A letter-advisory shall be sent to the PIAC
members/stakeholders on the impending eviction
and/or dismantling.
Letter shall indicate the schedule and name of the
illegal occupants to be evicted and/or whose
structures will be dismantled.

(b) Pre-Eviction and/or Dismantling Conference.

Series of meetings shall be conducted by the
PIAC Chairperson with other stakeholders before the
actual eviction and dismantling based on an agreed

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.3. Inter-Agency Coordination
(c) Conduct of Alternative Dispute
Resolution Strategies.
The PEDMT, in partnership with the PIAC.
shall conduct dialogues with the illegal
occupants
In order to exhaust all possible options other
than eviction and/or dismantling which
discussion may include:
1. Legal basis and reason(s) for eviction and/or
dismantling;
2. Advantages of voluntary eviction and/or dismantling;

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.4. Issuance and Service of the
Eviction and/or Dismantling Notice
Eviction and/or dismantling notice
shall be prepared by the Project Office together with the
Case brief, Occupancy Inspection Report, Certificate of
Complete Staff Work and supporting documents which will be
submitted to the Group Manager of the Area Management
Office (AMO).

Group Manager shall sign the eviction and/or

dismantling notice according to the prescribed
forms:
Annex A-1- Notice of Eviction and/or Dismantling for
Illegal Occupants of NHA Projects and Properties;
Annex A-2- Notice of Eviction for Illegal Occupants of

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.4. Issuance and Service of the
Eviction and/or Dismantling Notice
The Notice
shall state the pertinent/applicable reason in
accordance with Item II of this Memorandum
Circular.
shall be prepared in triplicate copies:
the original to be served to the illegal
occupant along with photocopies of the
notices earlier served him in accordance
with pertinent Memoranda Circular;

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.4. Issuance and Service of the
Eviction and/or Dismantling Notice
The Notice of Eviction and/or Dismantling
issued to the illegal occupant or structure owner
shall be effective for thirty (30) days from the
date of the scheduled eviction/dismantling
indicated in the notice.

Pursuant further to Section 3.2.1 of the

Urban Development and Housing Acts
Implementing Rules and Regulations Governing
Summary Eviction, the following notices for the
dismantling of new illegal structures shall be observed:

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or PreDismantling Phase

4.1.4. Issuance and Service of the
Eviction and/or Dismantling Notice
Pursuant further to Section 3.2.1 of the
Urban Development and Housing Acts
(continuation)

(b)For unoccupied structure, whether under

construction or completed, notice shall be
addressed to the Barangay Chairman or
Community/ Homeowners Association (HOA),
as applicable. Dismantling of the structure
shall be enforced within 24 hours from service
of notice.
(c)For occupied structure, notice shall be issued

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or Pre-Dismantling

Phase
4.1.4. Issuance and Service of the Eviction and/or
Dismantling Notice
The Notice
shall be served personally to the illegal occupant by
the PEMDT, with the assistance of the PIAC, and within
government office hours.
The illegal occupant or in his absence, any person of
sufficient age and discretion residing in the premises
shall be requested to acknowledge receipt of the
notice.
Should the person refuse to acknowledge the notice,
the same shall be posted conspicuously on the illegal
occupant's housing unit/structure.
The serving officer shall write on the notice the

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.1.Pre-Eviction and/or Pre-Dismantling

Phase
4.1.4. Issuance and Service of the Eviction
and/or Dismantling Notice
The Notice
Should the said notice remain neglected/unheeded
after the lapse of the period given,
a Final Notice shall be served to the occupant or
posted on his/her structure indicating therein
the date and time of the actual eviction and/or
dismantling according to the following prescribed
forms:
Annex A-3 Final Notice of Eviction and/or Dismantling for Illegal
Occupants of NHA Projects and Properties;
Annex A-4 -

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or Dismantling

Phase
Before the Manpower Assistance Team (MAT) starts the
eviction and/or dismantling process,
the duly signed document or authority to evict
and/or dismantle shall be presented to the
occupants present and its contents thereof shall
be announced to them as well as to the authorized
MAT of the Authority that will implement the eviction
and/or dismantling.
The PEDMT Chair through the MAT Head shall ensure
the following:
(a) The presence of the PIAC members to witness
the eviction and/or dismantling and the DILG/PNP to
maintain peace and order during the eviction and/or

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or Dismantling

Phase
The PEDMT Chair through the MAT Head shall ensure
the following:
(continuation)
(c) The presence of the illegal occupant in the
premises or in his absence any adult member 18
years and above; and in cases where the occupants
present are minors (17 years and below), the MAT
shall wait for one hour or as soon as the illegal
occupant or adult household member arrives, whichever
comes first.
(d) Announcement of the one-hour period to
voluntarily vacate the premises before MAT takes over.

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or Dismantling

Phase
4.2.2. Actual Eviction and/or
Dismantling
If the unit/structure is closed or padlocked, the
PEDMT Chair shall order the MAT Head to forcibly
open the door to be witnessed by any member of
the PIAC.
If the unit/structure is open, the MAT Head shall
order the occupants to move out of the
unit/structure. Should the latter refuse to do so, the
MAT Head shall direct its members to remove all the
occupants' belongings from the unit/structure and
its premises.

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or

Dismantling Phase
4.2.3. Inventory of Belongings
The inventory of the occupants belongings
shall be conducted by the PEDMT.
The inventory form (Annex "B") shall be
made in triplicate:
the original copy to be retained by the
Project Office;
the second copy to the Barangay or
Community/Homeowners Association
authorized representative present; and

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or

Dismantling Phase
4.2.3. Inventory of Belongings
(continuation)

The MAT
shall deposit the occupants belongings in
an NHA-designated area.
The NHA shall not be responsible for any
loss or damage thereof arising from the
failure of the illegal occupant to take
possession of the same after their removal
from the subject unit/structure.

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or

Dismantling Phase
4.2.5. Removal of All Persons from the
Premises
Persons who refuse to leave the unit/structure
shall be forcibly moved out by the MAT without
inflicting physical injuries.
The Barangay, Community/Homeowners
Association, and DILG/PNP officers present shall
assist the MAT pursuant to their internal
operational procedures.
In the absence of an adult member, the minors
shall be formally endorsed to the appropriate
agency or entity as recommended by the PIAC.

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.2 Actual Eviction and/or

Dismantling Phase
4.2.4. Impounding of Materials and Belongings
In case the illegal occupant fails to claim such materials
and belongings at the NHA-designated area before the
close of office hours on the day of eviction and/or
dismantling,
PEDMT Chair shall order the MAT Head

to transfer the occupant's belongings to the

NHA impounding area. The illegal occupant
shall be given three (3) days to claim them.
failure to retrieve the said properties will be
construed as lack of interest over the same.
Unredeemed belongings , be disposed of in a
manner as may be deemed appropriate by the

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.3. Post-Eviction and/or PostDismantling Phase

4.3.1. Securing and Turn-over of the
Vacated Lot or Housing Unit/Structure
In the case of eviction from a housing
unit/structure, the PEDMT Chair shall direct the
MAT Head to board/padlock the unit/structure and
the key shall be turned-over to the PEDMT Chair.
In the case of dismantling, the MAT Head shall
officially turn over the cleared or vacated lot to
the PEDMT Chair.
The appropriate signage such as "NO TRESPASSING,
NHA-PROPERTY OR NHA-ADMINISTERED PROJECT"

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.3. Post-Eviction and/or PostDismantling Phase

4.3.1. Securing and Turn-over of the
Vacated Lot or Housing Unit/Structure
The Project Manager Responsibilities:
shall secure the cleared lot/padlocked
unit/structure and take measures to prevent reentry of evicted occupants or other intruders and
cause its immediate disposition.
Should the evicted occupant surreptitiously reenter or build a new structure and refuse to
vacate the premises, the PEDMT through the MAT shall
undertake eviction and/or dismantling without
notice and cause the filing of appropriate
criminal/civil/administrative charges against the
illegal occupants and other persons who may have

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.3. Post-Eviction and/or PostDismantling Phase

4.3.2. Preparation of Eviction and/or
Dismantling Report

The PEDMT Chair

shall prepare and sign the eviction and/or
dismantling report.
Eviction / Dismantling Report:
recites the proceedings,
number of occupants evicted,
number of structures dismantled
inventory of belongings removed.

Section 4

PROCEDURE ON EVICTION AND/OR DISMANTLING

4.3. Post-Eviction and/or PostDismantling Phase

4.3.2. Preparation of Eviction and/or
Dismantling Report

The PIAC members shall attest the

report.
Eviction/Dismantling Report be furnished
copies to the following:
(a) Office of the NHA General Manager/Assistant
General Manager
(b) Area Management Office
(c) PIAC members
(d) Central Monitoring Unit as provided in Section
VII hereof

SECTION V
STAY OF EVICTION ARISING FROM
CANCELLED AWARDS/CONTRACTS
If on any day after the issuance of the
cancellation notice and/or prior to the
eviction date, the awardee offers to
comply with the obligation, full
settlement of total arrearages and
payment of processing fee of PhP
500.00 shall be required.
This provision can be availed of by
the awardee only once.

SECTION VI
PROVISION FOR LEGAL
ASSISTANCE
Any legal action against the NHA
officials and employees ensuing in the
implementation of this Memorandum
Circular, the Management through
the Legal Department shall duly
assist and represent them. The
Management shall provide funds for
such legal and other related
expenses.

SECTION VII
CENTRAL MONITORING UNIT
The Resettlement and Development
Services Department shall be the
Central Monitoring Unit.

SECTION VIII
SUPERSEDING CLAUSE
This Memorandum Circular supersedes
Memorandum Circular No. 60 dated 14
August 1978.

SECTION IX
SEPARABILITY CLAUSE
The provisions of this Memorandum
Circular are hereby declared
separable, and in the event that any
such provisions are declared null and
void, the validity of all other provisions
shall not be affected thereby.

SECTION IX
SEPARABILITY CLAUSE
The provisions of this Memorandum
Circular are hereby declared
separable, and in the event that any
such provisions are declared null and
void, the validity of all other provisions
shall not be affected thereby.

SECTION X
EFFECTIVITY
This Memorandum Circular shall take
effect fifteen (15) days after
publication in a newspaper of
general circulation.