Anti-professional squatting drive reinforced
MANILA, Philippines - The House Committee on House and Urban Development approved a bill for plenary debate to strengthen the government’s campaign against professional squatters and racketeers.
Rep. Amado S. Bagatsing (5th District, Manila), who authored House Bill 87, proposed an amendment to Republic Act 7279, otherwise known as the Urban Development and Housing Act of 1992, which provides a comprehensive and continuing urban development and housing program.
House Bill 87 defines the illegal business of squatter housing to include it in the country’s penal statute books. It also redefines squatting syndicates to include racketeers.
Bagatsing cited the squatting business which has become a profitable to squatting syndicates, defined by Republic Act 7279 as groups of persons engaged in the business of squatter housing for profit or gain. They make hundred millions of pesos at the expense of urban poor, hard-earning citizens like the overseas Filipino workers (OFWs), and gullible citizens who dream to have a lot of their own.
"In exchange for their hard-earned money they are shown reproduction copies of Spanish titles purportedly extended by the King of Spain covering vast tracks of land and are deceived into occupying lots allegedly covered by such titles notwithstanding a decree issued by then President Marcos and the declaration of the Supreme Court in the case of Intestate Estate of the late Don Mariano San Pedro Y Esteban that Titulo de Propriedad No. 4136 is null and void," explained Bagatsing.
Bagatsing was alarmed that there are no statements in the penal statute books stating that a person, corporation, association, or organization shall be punished by engaging in squatting business and selling rights over a parcel of land not belonging to them.
"The gravity of this offense, seen in the context of the present situation, is so alarming that this bill seeks to remedy the situation," he said.
The measure added mechanisms that limit the illegal activities of squatting racketeers or syndicates, defining the circumstances that will constitute prima facie evidence or raised presumptions unless disproved against them. The circumstances include the usage of fake and/or manufactured transfer certificate of title or court decision, use of Spanish title or royal decree that was declared by final judgment without force and effect or of a void certificate of title, use of deed of assignment or certificate of occupancy or donation or sale based on a Spanish title or royal decree that was declared null and void; and organizing associations including cooperatives for the purpose of collecting membership fees for financial gain.
The penalty for professional squatters was augmented from six-year imprisonment to prision mayor or imprisonment of six years and one day to 12 years. The bill was also increased the fine from P60,000 but not more than P100,000 to P200,000 but not more than P500,00.
On the other hand, the squatting racketeers or member of squatting syndicates will suffer the penalty of reclusion perpetua or life imprisonment. It added that any public official or employee who tolerates or permits the commission of the crime will likewise be penalized with reclusion perpetua or life imprisonment and permanent absolute disqualification from public office.
Furthermore, the measure provides relief to private property owners like small private property owners whose land is occupied by the informal settlers by giving them methods for relocation assistance to the squatters.
***Originally published on Philstar.com; April, 10, 2015; 4:05 p.m. Link: Anti-professional squatting drive reinforced
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| House Bill 87 defines the illegal business of squatter housing to include it in the country’s penal statute books. File photo |
Rep. Amado S. Bagatsing (5th District, Manila), who authored House Bill 87, proposed an amendment to Republic Act 7279, otherwise known as the Urban Development and Housing Act of 1992, which provides a comprehensive and continuing urban development and housing program.
House Bill 87 defines the illegal business of squatter housing to include it in the country’s penal statute books. It also redefines squatting syndicates to include racketeers.
Bagatsing cited the squatting business which has become a profitable to squatting syndicates, defined by Republic Act 7279 as groups of persons engaged in the business of squatter housing for profit or gain. They make hundred millions of pesos at the expense of urban poor, hard-earning citizens like the overseas Filipino workers (OFWs), and gullible citizens who dream to have a lot of their own.
"In exchange for their hard-earned money they are shown reproduction copies of Spanish titles purportedly extended by the King of Spain covering vast tracks of land and are deceived into occupying lots allegedly covered by such titles notwithstanding a decree issued by then President Marcos and the declaration of the Supreme Court in the case of Intestate Estate of the late Don Mariano San Pedro Y Esteban that Titulo de Propriedad No. 4136 is null and void," explained Bagatsing.
Bagatsing was alarmed that there are no statements in the penal statute books stating that a person, corporation, association, or organization shall be punished by engaging in squatting business and selling rights over a parcel of land not belonging to them.
"The gravity of this offense, seen in the context of the present situation, is so alarming that this bill seeks to remedy the situation," he said.
The measure added mechanisms that limit the illegal activities of squatting racketeers or syndicates, defining the circumstances that will constitute prima facie evidence or raised presumptions unless disproved against them. The circumstances include the usage of fake and/or manufactured transfer certificate of title or court decision, use of Spanish title or royal decree that was declared by final judgment without force and effect or of a void certificate of title, use of deed of assignment or certificate of occupancy or donation or sale based on a Spanish title or royal decree that was declared null and void; and organizing associations including cooperatives for the purpose of collecting membership fees for financial gain.
The penalty for professional squatters was augmented from six-year imprisonment to prision mayor or imprisonment of six years and one day to 12 years. The bill was also increased the fine from P60,000 but not more than P100,000 to P200,000 but not more than P500,00.
On the other hand, the squatting racketeers or member of squatting syndicates will suffer the penalty of reclusion perpetua or life imprisonment. It added that any public official or employee who tolerates or permits the commission of the crime will likewise be penalized with reclusion perpetua or life imprisonment and permanent absolute disqualification from public office.
Furthermore, the measure provides relief to private property owners like small private property owners whose land is occupied by the informal settlers by giving them methods for relocation assistance to the squatters.
***Originally published on Philstar.com; April, 10, 2015; 4:05 p.m. Link: Anti-professional squatting drive reinforced
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