1. DRAFT
BASIC SECTORS’ TERMINAL REPORT
Term: January 2011 to January 2015
SECTOR: Urban Poor
Napc/Ose/file/asof Wednesday,November23, 2016
BACKGROUND Republic Act 8425 otherwise known as the “Social Reform and Poverty Alleviation
Act” mandates the creation of the National Anti-Poverty Commission (NAPC).
Attached to the Office of the President, NAPC serves as the coordinating and
advisory body for the implementation of the Social Reform Agenda.
Pursuant to the Implementing Rules and Regulations of RA 8425 or the
Administrative Order 21 s. 2011 signed by H.E. President Benigno S. Aquino III,
the Sectoral Councils “…shall consult and confer with the appropriate government
departments, including the flagship agencies, in order to define and incorporate
the poverty reduction framework into the agencies’ programs and the sectors’
needs. This will include identifying the components of the flagship program on
anti-poverty and geographic areas for implementation and integrating the
capability-building programs and activities for their sector in the implementation of
these components,” and, “shall convene at least once every quarter to discuss
issues and concerns of the sectors with their respective Sectoral Representative.”
(Section 5, Rule VI).
DESCRIPTION
OF THE
SECTOR
Under the administration of H.E. President Benigno S. Aquino III, the Urban Poor
sector’s institutionalized representation and participation in the processes of the
National Anti-Poverty Commission formally commenced in the conduct of the
National Urban Poor Sector Assembly (NUPSA) in October 17-19, 2014 at the
Imperial Palace Suites, Quezon City; wherein the said NUPSA successfully
attained the four (4) major objective-tasks: (1) Adoption of Sector Internal
Groundrules for Representation and Participation in NAPC, (2) Election of the 25
members of the National Urban Poor Sector Council (NUPSC), (3) (S)election of
the three Nominees to the Position of Sectoral Representative (from among whom
President Aquino appointed Ms. Ma. Linda E. Paracuelles), and (4) Adoption of
the Top Priority Sectoral Agenda.
The NUPSA 2011 actual attendance of ninety-four (94) out of the One-Hundred
Two (102) invited-delegates provided the representation and participation of
legitimate organizations with widest-ever geographical and political spread and a
gender-responsive composition having thirty (30) females or 31.91% of the total
delegates.
The NUPSC’s twenty-five (25) members, as duly elected by the NUPSA for term
years 2011-2014 and as the nation-widest and political-broadest legitimate council
of the urban poor sector, represented the organizations affiliated with the sector’s
major networks and alliances: Twelve (12) members are affiliated with Kilos
Maralita (KM) which is a coalition of urban poor organizations aligned with the
different political blocks from the national democratic tradition; six (6) members
are affiliated with the Urban Poor Alliance (UPALL) of the social democratic
tradition; three (3) members are affiliated with AKBAYAN (of which one is also a
KM member); and, five (5) members are independent organizations registered
with the Presidential Commission for the Urban Poor (PCUP). By gender-equity,
the NUPSC is represented by seven (7) female or 28% of the total council
membership.
The NUPSC’s reduction of its twenty-five original members into concurrent
nineteen (19) is due that, within the course of its three (3) years work, four (4) are
elected or appointed in government offices (one PCUP Commissioner; One
Manila City employee; One DILG contractual; one elected in Barangay), one is
deceased, and one has resigned related to internal dynamics.
2. DRAFT
BASIC SECTORS’ TERMINAL REPORT
Term: January 2011 to January 2015
SECTOR: Urban Poor
Napc/Ose/file/asof Wednesday,November23, 2016
SECTORAL
AGENDA
The NUPSC, in the course of its three-year engagement with partner agencies,
has developed its NAPC En Banc Top Three (3) Priority Agenda, as follows:
1. Informal Settler Families (ISF) P50B special fund for Danger Areas in NCR;
2. Eviction and Demolition;
3. Presidential Proclamation of Government Lands (Pre and Post);
Moreover, the NUPSC’s more broader sectoral agenda and engagement with its
partner key-shelter agencies were itemized as Top 10 Priority Agenda, to wit:
1. NUPSC Meeting with the President
2. Nationwide ISF Fund / P50B ISF Fund for NCR
3. Presidential Proclamation of Government Lands
4. Eviction and Demolition
5. Implementation of NUPSC Resolutions
6. Integration of the capability building in NUPSC major activities
7. Partnership of NUPSC with concerned agencies on DRR
8. Coordination-Partnership for investigation of concerned agencies to combat
graft and corruption on government socialized housing programs/projects
9. Legislative Works
10. Preparations for NUPSA 2014
The NUPSC, in its advancement of the NAPC En Banc Top Three Sectoral
Agenda and the Top Ten Sector Priority Agenda, participated and represented the
sector in the NAPC processes thru conduct of regular Quarterly Meetings, special
meetings, conferences and forums, Inter-Agency Meetings, Technical Action
Officer (TAO) meetings and National Technical Working Group (NTWG)
formations.
HIGHLIGHTS OF
ACTUAL OUTPUTS
The Highlights of Actual Outputs of NUPSC agenda work are on the Top Three (3)
Priority Agenda for the NAPC En Banc, hereunder:
On the ISF P50B Special Fund, the NUPSC facilitated the people’s representation
and participation in the ISF-NTWG and the sector stand in crafting the Joint
Memorandum Circular (JMC) as a standard government policy for the informal
settler families living in waterways and danger areas. The NUPSC, through a
series of representation in the NTWG meetings, dialogues, summits, conferences
and even mobilization at Mendiola, advanced as among the major provisions of
the JMC, the following: ISF relocation shall be on-site, in-city and near-city and in
accordance with the people’s proposal/plans and the CHR advisory on adequate
housing.
On the Presidential Proclamation of Government Lands, the NUPSC facilitated the
support of the PCUP in providing support funds as well as the lead facilitation to
convene committees (pre and post) for the thirteen (13) nationwide priority sites.
The PCUP conducted a three (3) day Joint National Strategizing Workshop held
March 14-16, 2014 at Eurotel, Angeles, which it funded in addition to P500
thousand support to NUPSC for year 2014. The PCUP led series of inter-agency
staff works and involved all its corresponding PCUP Area Coordinators in the
actual area staff work with HUDCC and the NUPSC assigned committees.
On Eviction and Demolition, the NUPSC recommended the need to convene a
TWG to study and review options for convening the Judicial, Executive and
Legislative Consultative Council (JELACC) and the Justice Sector Coordinating
Council (JSCC) of Judges, Sheriffs, and police officers. The PCUP agreed in
3. DRAFT
BASIC SECTORS’ TERMINAL REPORT
Term: January 2011 to January 2015
SECTOR: Urban Poor
Napc/Ose/file/asof Wednesday,November23, 2016
principle for the utilization of the Pre Demolition Conference (PDC) as a tool to
ensure genuine consultation of the affected beneficiaries as well as to ensure
compliance to section 28 of RA 7279 on requirements for ensuring LGU
compliance on adequate consultation and adequate relocation before any
demolition. The NUPSC has also initiated the initial discussion with the
Department of Justice (DOJ) for the possibility of identification of partnerships on
specific issues that are within the mandate of DOJ.
CHALLENGES The JMC on the P50B ISF Fund currently awaits the signature of HUDCC Chair
and Vice President Jejomar Binay. The signed JMC should be finalized as the
standard government policy on the resettlement of ISFs living in waterways and in
danger areas. On the status of fund utilization, the now 65 People’s Plans
submitted are undergoing validation or being scheduled for consideration by the
boards of implementing agencies (SHFC, NHA, DSWD) and LGUs). The DILG-
PMO needs to fast-track the finalization of the Implementing and Operations
Guidelines, the implementation of submitted People’s Proposals/Plans and in
providing assistance to ISF communities in order to produce peoples proposals in
all the eight major waterways in NCR.
The development of a more better and appropriate guidelines for both the pre-
proclamation and post-proclamation should be effectively advanced after the
analysis of experience and status of results of convening the Presidential
Proclamation Committees (PPCs) in the thirteen (13) priority sites selected by the
NUPSC. The staff work (csw) in the 13 priority sites identified by the NUPSC
should provide the basis of policy reform or amendments of the guidelines and
procedures in completing the staff work for both the pre and post proclamation
areas. There is also a crucial need to review and identify the policy bottlenecks
towards adopting the Presidential Proclamation as an asset reform program.
To resolve the violent eviction and demolition, there is a need to study and craft
the appropriate policy reform for compliance of Local Government Units (LGUs) to
the requirements of section 28 of RA 7279, the provisions of EO 152 as amended
by EO 708 and the DILG MCs 2008-143 and 2010-134, before any issuance of
Certificate of Compliance (COC) by the Local Housing Boards (LHBs). There is
also a need to review the RA 7279 towards necessary amendment that will ensure
the crafting of effective Resettlement Action Plan (RAP) with peoples
representation in the Local Housing Board (LHBs), as well as the incorporation of
LHB as a significant body prior to any approval of the LDC’s 3-year Local
Development Plan (LDP) and Annual Investment Plan (AIP). The COC function
has also to be reviewed under the option of bringing it back as primary mandate of
PCUP in accordance with EO 152 and by repealing the said provision in EO 708.
The mandate of the Department of Justice (DOJ) related to ending forced eviction
and demolition should also be studied for partnership engagements of the NUPSC
next elected by NUPSA.
INSIGHTS /
RECOMMENDATI
ONS
P50B ISF Fund. The ISF-NTWG under the lead of the DILG-PMO has to fast-
track the staff work coordination for speedy validation and implementation of the
around 65 ISF People’s Proposals/Plans submitted to concerned agencies, even
while awaiting the signature of the HUDCC Chair and Vice President Jejomar
Binay on the JMC as the final written government standard policy on people-
based in-city resettlement program. It can also be recommended for the DILG-
PMO to provide in year 2015 a Social Preparation component fund to be allocated
to each and all the member-agencies of NTWG, in order that each member
agency to appropriately share in the task to assist in the production of people’s
proposals / plans. The Implementing agencies also need to fast-track the
4. DRAFT
BASIC SECTORS’ TERMINAL REPORT
Term: January 2011 to January 2015
SECTOR: Urban Poor
Napc/Ose/file/asof Wednesday,November23, 2016
establishment of Local Project Management Team (LPMT) in each of the six (6)
major water ways and two (2) esteros.
Presidential Proclamation of Government Lands. It can be recommended that
the PCUP, as lead-partner agency of NUPSC, be requested to provide legal
assistance, in addition to technical staff and administrative staff, in order to
carefully study the thorough review and the appropriate design of legal concerns
in each of the 13 priority sites selected by the NUPSC. There is also a need to
study and facilitate the establishment of NTWG for Presidential Proclamation of
Government Lands in order to effectively coordinate at the national level the
convening and the CSW for the establishment of pre and post Proclamation
Committees in the 13 priority sites. The Facilitation of PCUP to assist the NUPSC
and the actual beneficiaries to meet the President on the establishments of the
proclamation committees (pre and post) will also ensure that the concerned
agencies will fast-track their specific staff work roles for the 13 priority sites. The
staffwork of concerned agencies should be documented by the PCUP and
NUPSC within a view that the experience should provide basis for the necessary
amendment to the Presidential Proclamation pre and post guidelines.
Eviction and Demolition. There is a crucial need to conduct research, monitor
and gather data on the actual ground accounts of ISFs on Eviction and
Demolition. The Department of Justice should also be requested of assistance to
study the role of the executive branch on “justice” and “justiciable’ elements of ISF
experiences on eviction and demolition. There is also a need for the facilitation of
the DILG and PCUP to study the possibility to recommend to the President to
convene either or both the Judicial, Executive and Legislative Advisory Council
(JELAC) or the Justice Sector Coordinating Council (JSCC) to discuss policy and
institutional solutions to violent and forced evictions as well as the identification of
solutions to [in]adequate Housing Programs. There is also a need to review all
proposed bills on LHB and UDHA amendments and all related laws and
issuances, as well as to integrate in the review the policy study for the creation of
mechanism to ensure the genuine PO-NGO representation in LHBs and ensuring
RAP of LHBs as requirements before any demolition. The crafting of MOA or JMC
by concerned agencies (DILG and PNP) on Pre Demolition Conference (PDC),
under the lead of PCUP, should utilize the existing venues and innovating
avenues for ensuring the implementation of the laws and the spirit of the law, in
favor of those who have less in life and who should have more in law – the ISFs
as not just without decent habitat but more so as victims of forced eviction and
demolition.