This case has been cited 1 times or more.
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2014-07-22 |
BRION, J. |
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| We carefully read the petitions and we conclude that they fail to compellingly show the necessity of examining the constitutionality of Section 28 (a) and (b) of RA 7279 in the light of Sections 1 and 6, Article 3 of the 1987 Constitution.[24] In Magkalas v. NHA,[25] this Court had already ruled on the validity of evictions and demolitions without any court order. In that case, we affirmed the validity of Section 2 of Presidential Decree No. 1472 which authorizes the NHA to summarily eject all informal settlers' colonies on government resettlement projects as well as any illegal occupant in any homelot, apartment or dwelling unit owned or administered by the NHA. In that case, we held that Caridad Magkalas' illegal possession of the property should not hinder the NHA's development of Bagong Barrio Urban Bliss Project. We further stated that demolitions and evictions may be validly carried out even without a judicial order in the following instances: (1) when the property involved is an expropriated property xxx pursuant to Section 1 of P.D. No. 1315; (2) when there are squatters on government resettlement projects and illegal occupants in any homelot, apartment or dwelling unit owned or administered by the NHA pursuant to Section 2 of P.D. No. 1472; (3) when persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways and other public places such as sidewalks, roads, parks and playgrounds, pursuant to Section 28(a) of R.A. No. 7279; (4) when government infrastructure projects with available funding are about to be implemented pursuant to Section 28(b) of R.A. No. 7279.[26] (emphasis ours) | |||||