DILG to Rama: Relocate folks

Tuesday, July 19, 2011

THE Department of Interior and Local Government (DILG) told Cebu City Mayor Michael Rama to strictly follow the law before uprooting urban poor families from the banks of creeks and rivers.

Before carrying out its clearing operations, Atty. Jesus Duque of DILG’s legal office said, the mayor should enforce provisions of the Urban Development and Housing Act of 1992 or the UDHA and provide relocation.

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An urban poor group has filed criminal and administrative cases against the mayor after the clearing operations in San Isidro II, Barangay Mabolo.

In a letter to Rama, Duque invoked Section 29 of the UDHA, which states that local government units, in coordination with the National Housing Authority (NHA), shall provide relocation or resettlement sites for persons living in danger areas such as esteros, riverbanks, shorelines and waterways.

Habitable

Relocation sites must have basic services and facilities and must be accessible to jobs and livelihood opportunities “sufficient to the meet the basic needs of the affected families,” Duque said.

“Under the law, Mayor Michael Rama is under mandatory obligation, in coordination with NHA, to provide proper resettlement for the families affected by the clearing and demolition activities,” he said.

Duque, however, said that the City Government is not under obligation to provide cash assistance to the displaced families.

“The law is silent and does not specify that the local government unit concerned is mandated to give financial assistance,” he said.

Councilor Alvin Dizon, who chairs the council’s committee on housing, welcomed the opinion of the DILG.

Guidance

In a news conference he called at his office yesterday, Dizon said it will serve as a guide for the future clearing operations of the City.

“This is a reiteration of the position of the City Council that the City Government should follow the UDHA law when conducting clearing operations. At least, that should end the debate on this,” he said.

“The urban poor families are part of the development of Cebu City. They are part of the city. This city does not only belong to the rich and the affluent families,” he added.

The mayor decided to order the removal of houses and other structures along waterways, after massive flooding in late January this year. Settlements not only congested rivers and creeks, but also placed people at great risk of being washed away during floods.

Dizon was a vocal critic of the mayor when City Hall implemented the clearing operation in Sitio San Isidro without a proper relocation for those displaced families.

In an interview yesterday, Mayor Rama said he has not received any communication from DILG yet.

“But they no longer have to (send me a communication) because we (City) know what we are doing. We are very much aware of what we need to do,” the mayor added.

Rama came under fire after he cleared 39 illegal structures in Sitio San Isidro II that sit within the three-meter easement of the Mahiga Creek.

Nuisance

It was the mayor’s contention that the City is not obligated to provide relocation sites or cash assistance, saying the illegal structures were “a nuisance per se.”

This prompted the displaced families to file criminal and administrative charges, with the help of Pagtambayayong Foundation Inc., against the mayor last May.

But the mayor then said that City Hall meant to provide relocation sites to the informal settlers affected by the clearing operations.

Rama said this was always his stand from the start and he has directed the Department for the Welfare of the Urban Poor to work on a relocation site.

Aside from the 39 houses in Sitio San Isidro II, the City has so far cleared 27 out of the 147 illegal structures in Sitio Magtalisay in Barangay Mabolo.

The City’s clearing operations along Mahiga Creek will cover 10 sitios in Barangay Mabolo. These will include Lahing-Lahing, Back Pepsi, Sto. Niño, San Isidro I, San Isidro II, Magtalisay, Back SM, Holy Name, Sindulan and New Frontier.