Lina Law

From Legal Wiki

Jump to: navigation, search

The Lina Law is currently on center stage by reason of the demolition[1] in Parañaque City that turned violent, resulting to the death of one person[2] and injuries to at least thirty-six people.[3] For more than an hour on 23 April 2012, residents hurled huge chunks of rocks, molotov cocktails and other projectiles at dozens of riot policemen, some of whom replied with gunfire and tear gas canisters or by hitting the protesters with batons.[4] Tension in the area remains high days after the incident.[5] Why would the Lina Law be discussed in relation to the Parañaque City demolition? What is the Lina Law?

General coverage of the Lina Law

The Lina Law is the governing law on the subject matter of "squatting" in the Philippines.[6] It is the law that governs the local expropriation of property for purposes of urban land reform and housing.[7] It also governs the eviction and demolition relating to informal settlers. See Urban Development and Housing Act of 1992.

Enactment of Lina Law

The Lina Law -- an informal name lifted from the law's author, former Senator Jose "Joey" D. Lina -- is the common name used when referring to Republic Act No. 7279. This law is formally known as the Urban Development and Housing Act of 1992. RA 7279 is entitled "An Act to Provide for a Comprehensive and Continuing Urban Development and Housing Program, Establish the Mechanism for its Implementation, and for Other Purposes." RA 7279 is a consolidation of House Bill No. 34310 and Senate Bill No. 234, signed into law by President Corazon C. Aquino on 24 March 1992.

Squatting no longer a crime

Squatting used to be a crime under Presidential Decree No. 772 (Penalizing Squatting and Other Similar Acts), issued by President Ferdinand E. Marcos on 20 August 1975. PD 772 made it a crime for any "person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential commercial or any other purposes." PD 772 was subsequently repealed by Republic Act No. 8368, also known as the Anti-Squatting Law Repeal Act of 1997, which took effect in 27 December 1997.[8] RA 8368 was enacted solely for the purpose of expressly repealing PD 772.[9]

Remedies in case of squatting

The repeal of the Anti-Squatting Law, however, does not mean that people now have the unbridled license to illegally occupy lands they do not own.[10] The legislature considered RA 8368 as a major piece of legislation on the country’s anti-poverty program[11] as it sought to confront the perennial problem of poverty at its root, abolish an otherwise inutile and oppressive law, and pave the way for a genuine urban housing and land reform program. Senate records reveal that it is the manifest intent of the authors of R.A. 8368 to decriminalize squatting but does not encourage or protect acts of squatting on somebody else’s land.[12] The law is not intended to compromise the property rights of legitimate landowners.[13]

Recourse may be had in cases of violation of their property rights, such as those provided for in Republic Act No. 7279 (Urban Development and Housing Act) or the Lina Law, which penalizes professional squatters and squatting syndicates, who commit nefarious and illegal activities;[14] the Revised Penal Code providing for criminal prosecution in cases of Trespass to Property,[15] Occupation of Real Property or Usurpation of Real Rights in Property,[16] and similar violations, and, cases for forcible entry and unlawful detainer under the Rules of Court,[17] as well as civil liability for damages under the Civil Code.[18]


See also

References

  1. Yahoo Philippines, One dead in Silverio compound demolition, accessed on 25 April 2012
  2. InterAksyon.com, 1 killed as Silverio Compound residents clash with police during demolition, accessed on 25 April 2012
  3. ABS-CBN News, 1 patay, 36 nasugatan sa demolisyon sa Silverio Compound, accessed on 25 April 2012
  4. Inquirer.net, Demolition in Parañaque turns ugly; 1 dead, 39 hurt, accessed on 25 April 2012
  5. GMANetwork.com, Security tight at Silverio compound in Parañaque in time for clearing, accessed on 25 April 2012
  6. De Castro Homesite, Inc. vs. Leachon, Jr., G.R. No. 124856, 10 March 2005
  7. Lagcao et al. vs. Labra, G.R. No. 155746, 13 October 2004
  8. De Castro Homesite, Inc. vs. Leachon, Jr., G.R. No. 124856, 10 March 2005
  9. De Castro Homesite, Inc. vs. Leachon, Jr., G.R. No. 124856, 10 March 2005
  10. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002
  11. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing the Records of the Senate, Third Regular Session, October 1 to November 26, 1997; Vol. II, Nos. 18-38, p. 20
  12. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing the Records of the Senate, Third Regular Session July 28 to September 30, 1997; Vol. 1, Nos. 1-18, p. 1005
  13. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing the Records of the Senate, Third Regular Session July 28 to September 30, 1997; Vol. 1, Nos. 1-18, p. 469; 470
  14. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing Republic Act No. 7279, Section 27
  15. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing the Revised Penal Code, Article 281
  16. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing the Revised Penal Code, Article 312
  17. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002, citing the 1997 Rules of Civil Procedure, Rule 70
  18. Tuates vs. Bersamin, G.R. No. 138962, 4 October 2002
Personal tools