Informal settlers or squatters are common here in the Philippines. “Squatting” or living in a land that’s not legally yours started in the Second World War, where war victims coming from different parts of the country take refuge and built houses all over Metro Manila, especially in Intramuros and Tondo. By 1946, there’s an estimated 46, 000 squatters living in Metro Manila.
Then the Americans came and declared the Philippine independence. Because of this, commerce continued to rose in the nation’s capital. People from the province relocated in Metro Manila in hopes of getting better opportunities. Unfortunately, proper housing is hard to come by in that time and so some of these probinsyanos who came settled in unoccupied locations that are not legally theirs. The number of informal settlers grew higher at 98,000 by 1956. It grew even higher during the Marcos regime.
The government has done many actions to solve this issue. The World Bank and the Asian Development Bank supported programs for relocation. National Housing Authority (NHA), a non-profit organization was also founded. The government continued relocating these informal settlers to provinces in vicinity such as Bulacan and Laguna. The relocation of some of these informal settlers has led for more infrastructure opportunities in the city.
But there are still informal settlers not only in the Metro but also in various parts of the country. What should you do when someone else is living in your own property? This can be a tricky situation but with right actions you can solve this problem with both sides smiling. Here’s how you should do it:
Know the law
The Philippines actually has a law against informal settlers, since it’s basically a crime. Presidential Decree (PD) 772 also known as the Anti-Squatting Law declares that a person who commits squatting is someone who occupies or possess a space without the legal consent of the real owner. As the real owner of the property, you have the very right to instigate the settlers.
Types of settlers
There are two types of informal settlers and it’s a must to identify which one the people living in your property are before taking any action. The first type is the professional squatters, settlers who have good income to own their own property but still insist living informally. Those who are given by the government relocation houses but refused or sold the house given to them and are still living informally are under this type. What you and your lawyer can do is to simply evict them and you can rightfully do so thanks to the Section 27 of RA 7279. The informal settlers can also be imprisoned for 6 years or pay fine from P60,000 to P100,000.
The second type is the underprivileged informal settler who do not have enough money to find home and so they resorted in creating refuge in your land. The provisions that you can do is to evict or demolish their homes, but since we are dealing with the underprivileged, the law ask you as the owner to give them 30 day notice before evicting them or demolishing their house. It will also for the better for both parties if you ask the local government to assist in giving underprivileged a new home or to relocate.
Talk to the settlers
Hold a conversation with the informal settlers in your property. Some of them after all are victims of circumstances. Talk to them with your lawyers until you meet an agreement. But avoid giving them money just so you can have your land free. Use the law and the proper due process and you will get your land back in no time.