Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Task Force Detainees of the Philippines (TFDP)-Mindanao, a human rights organization, regarding an illegal demolition by Dacudao & Sons that took place in Dacudao Compound, Davao City, Mindanao, Philippines on 19 October 2004 and on 4 November 2004.
Having nowhere else to go, these evicted people built shanties along the road just in front of the demolition site, and slept and ate along the road inhaling all the toxic vehicle fumes for 16 days. As of present, there are only 89 families left. Others stayed with their relatives in various parts of the city. The remaining families were given refuge in Gov. P. Bangoy Barangay Hall. According to the victims, Dacudao & Sons’ staff and other government officials did not show any court order for the demolition in spite of their queries.
We call for your urgent action into this matter. Please urge the state and provincial government to take immediate and proper action to resettle the evicted families.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
On 19 October 2004, 127 families (254 individuals, excluding children) from the Gov. P. Bangoy Sitio Dacudao Homeowners Association and 30 families renting, were affected by the illegal demolition that took place in Dacudao Compound, Davao City, Mindanao, Philippines at around 8:00 in the morning. The demolition was conducted by 800 men hired by the Dacudao & Sons, along with some 200 government officials, who arrived with dump trucks and bulldozers.
According to the victims, on the morning of October 19, a group of 1,000 people came and started to demolish all their houses and properties. Shirley Paraguya, a resident, asked for the demolition order but this was never produced. In fact, none of the residents were shown the order. Most of the people had been residing there since the 1960s-70s.
Not only were their homes demolished, but some residents also lost their possessions as a result. Rupina Piano, a resident since the 1960s, laments the loss of not only her property and material things, but also the “wonderful memories of the place where she grew old and raised her children”. After a week, Rupina got sick and started having difficulties walking.
Having nowhere else to go, these people built shanties along the road just in front of the demolition site. Furthermore, they were deprived of their water services a week later. In turn, residents had to go 100 meters way from their shanties to their neighboring communities to ask for water. Everyone slept and ate along the road inhaling all the toxic vehicle fumes. They all lived in this condition for 16 days. The estimated damage incurred by the demolition is about 8,952,000 pesos (about $162,763.63).
On November 4, the shanties were also demolished by the City Engineers Office of Davao City, who said the shanties were road obstacles/hazards.
As of present, there are only 89 families left. Others stayed with their relatives in other parts of the city. The remaining families were given refuge in Gov. P. Bangoy Barangay Hall after marching to the City Hall of Davao City to voice out their grievances. These people are still deprived of their right to adequate housing as relocation has not been given to them. There was even violation in the conduct of the demolition as there was no court order issued by the court during the conduct of the demolition.
BACKGROUND INFORMATION:
The victims were members of the Gov. P. Bangoy Sitio Dacudao Homeowners Association, who petitioned and filed claim over a public space on 20 November 2002. Their petition was addressed to the City Council of Davao to adopt a city ordinance to formally declare the public space a permanent relocation site in accordance to R.A. 7279 or the Urban Development and Housing Act of the Philippines. This act was to provide for a comprehensive urban development plan and its implementation. However, they were denied of their claim and subsequently, illegally demolished. These people had built their dwellings since 1960 to late 70s and are residents of the said lot ever since.
The contested property is about 12,863 sq. meters or 1.2863 hectares, allocated as open space for public market by Dacudao & Sons, in its duly approved subdivision plan on 9 September 1957, which is dominated as Block 3, lot 1 in the approved subdivision plan of Dacudao & Sons, by which the express provision of law was supposedly automatically donated to the City Government of Davao.
Some of the dwelling units built by informal occupants in certain portions of the land of Dacudao & Sons Subdivision were demolished to give way to big businesses and/or Chinese lot buyers. The informal occupants were then resettled and or relocated in the open space officially allocated as the public market site. Some of them built their dwelling units since 1963 and some entered in the early 1990s, others are either renters or sharers within the built dwelling units (data taken from the Committee Against Squatting Syndicates and Professional Squatters (CASSPS), as per their resolution no.6 series of 2004).
On 27 November 1992, they officially registered their organization namely the Gov. P. Bangoy Sitio Dacudao Homeowners Association at the office of the Securities and Exchange Commission (SEC).
The Philippine Government is a signatory to the International Covenant on Economic, Social and Cultural Rights and its Optional Protocols, therefore, it is duty bound to observe and implement the provisions embodied therein that it agreed upon in the convention, specifically, on respecting the rights of the people not to be deprived of their right to adequate housing.
Furthermore, under Article XII, Section 10 of the 1987 Philippine Constitution states, “urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner”. Finally, Section 28 of the same article states, “eviction or demolition as a practice shall be discouraged.” Eviction or demolition are only allowed under specific circumstances, one being the evidence of a “court order for eviction and demolition”.
SUGGESTED ACTION:
Please send a letter, fax or an email to the Davao City Mayor and express your concern about this case.
Suggested letter:
Hon. Rodrigo Duterte
City Mayor
City Hall, Davao City
PHILIPPINES
Telefax: +63 82 227 8077
Dear Hon. Rodrigo Duterte,
Re: PHILIPPINES: 127 families lost their house due to illegal demolition in Davao City
I am writing to bring to your attention the illegal demolition in Dacudao Compound, Agdao, Davao City, Mindanao on October 19 and November 4, 2004. As a result, 127 families (254 individuals, excluding children), in whom are also members of the Gov. P. Bangoy Sitio Dacudao Homeowners Association, lost their houses and properties.
According to the report I received, during the process of the demolition, Dacudao & Sons’ staff nor other government officials, involved in the demolition, gave any notice of demolition or demolition order from the court to the residents who have been residing in that place for several decades. Moreover, before the demolition, the Davao City government did not a conduct proper consultation with the affected families regarding any demolition plan.
The evicted families were not rehoused, and lived on the open street, without any access to water for 16 days. As of present, there are only 89 families left. Others stayed with their relatives in other parts of the city. The remaining families are currently staying in Gov. P. Bangoy Barangay Hall without any relocation or compensation.
The government of Philippines as well as the Davao City government has obligations under international and national law to all persons residing in the Davao city to respect, protect and fulfill the right to housing. Especially, Article XII, Section 10 of the 1987 Philippine Constitution clearly states, “urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner”. Section 28 of the same article further states, “eviction or demolition as a practice shall be discouraged.” Eviction or demolition are only allowed under specific circumstances, one being the evidence of a “court order for eviction and demolition”.
I therefore request you to pay particular attention to this case and ensure that immediate and full assistance be provided to the families affected by these demolitions for the concern of their security and health. I also request you to initiate dialogue with the evicted families including consultation with civil society groups to find alternatives. I further urge you to provide proper housing to the families without delay in accordance with Philippines’ Constitution and its international obligation under the ICESCR. All affected families should be provided with adequate compensation and rehabilitation.
I look for your urgent intervention into this matter.
Yours truly,
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SEND LETTER TO:
Hon. Rodrigo Duterte
City Mayor
City Hall, Davao City
PHILIPPINES
Telefax: +63 82 227 8077
SEND A COPY TO:
1. Hon. Luzminda B. Salcedo
Commissioner
Presidential Commission for the Urban Poor
Field Operations Division for Mindanao
D-12, Pelayo Bldg., J. Luna Street
8000 Davao City,
PHILIPPINES
Telefax: +63 82 226 2492
Email: pcup@skyinet.net
2. Vice-Pres. Noli de Castro
Chairman
Housing and Urban Development Coordinating Council
Office of the President
6th Floor Atrium Building, Makati Avenue
Makati City 1200
PHILIPPINES
Fax: +63 2 811 4118
Email: mis@hudcc.gov.ph
3. Hon. Antonio E. Valenzuela
Office of the Deputy Ombudsman for Mindanao
4th Floor H&C Bldg., Alvarez St.
Ramon Magsaysay Avenue, Sta. Ana
Davao City 8000
PHILIPPINES
Tel: +63 82 221 3431
Fax: +63 82 221 3038
4. Ms. Gloria Macapagal Arroyo
President
Republic of the
Philippines
Malacañang Palace
JP Laurel St., San Miguel
Manila NCR 1005
PHILIPPINES
Fax: +63 2 929 3968
5. Atty. Alberto B. Sipaco, Jr.
Regional Director
Commission on Human Rights (CHR XI)
Trinity Bldg. II,Quimpo Blvd., Ecoland
Davao City 8000
PHILIPPINES
6. Purificacion Quisumbing
Commissioner
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Ave.
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2 929 0101 / 928 0848
E-mail: drpvq@chr.gov.ph
7. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Att: Ms. Cecilia Moller
Room 4-066/010
C/o OHCHR, 1211 Geneva 10, Switzerland
Tel: +41 22 917 9265
Fax: +41 22 917 9010
E-mail:cmoller@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
