This case has been cited 1 times or more.
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2013-03-11 |
PERALTA, J. |
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| As to the issue of who is the proper party entitled to institute a case with respect to the 3-meter strip/zone, We find and so hold that both the Republic of the Philippines, through the OSG and the local government of Las Piñas City, may file an action depending on the purpose sought to be achieved. The former shall be responsible in case of action for reversion under C.A. 141, while the latter may also bring an action to enforce the relevant provisions of Republic Act No. 7279 (otherwise known as the Urban Development and Housing Act of 1992).[24] Under R.A. 7279, which was enacted to uplift the living conditions in the poorer sections of the communities in urban areas and was envisioned to be the antidote to the pernicious problem of squatting in the metropolis,[25] all local government units (LGUs) are mandated to evict and demolish persons or entities occupying danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds.[26] Moreover, under pain of administrative and criminal liability in case of non-compliance,[27] it obliges LGUs to strictly observe the following: Section 29. Resettlement. - Within two (2) years from the effectivity of this Act, the local government units, in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks, roads, parks and playgrounds. The local government unit, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families. | |||||