of dues process and social justice

MMDA’s act of demolishing those squatter’s residences along congested streets should be condemned. Does MMDA have authority to do so? And assuming arguendo that they do, was it done in accordance with law?

They justify their acts by saying that squatters are nuisances. Hello! Although you may not be lawyers, yet you people are government official with access to lawyers, legal documents, and burdened with the presumption of regularity of office (in short, you are presumed to know what you are doing.) The law on NUISANCES applies only to PROPERTY, and NEVER on PEOPLE.

Assuming arguendo, that what they are removing are the houses of the squatters, which are indeed property, and based on fact that these stand on public streets which are res communes, meaning, they belong to everybody, hence, cannot be appropriated in anyway for public use, all government agencies are enjoined to observe DUE PROCESS, one of the most basic and fundamental rights of the people. Furthermore, MMDA failed to observe SOCIAL JUSTICE. As succinctly put by the then Supreme Court Justice Dr. Jose P. Laurel in the celebrated case of Calalang versus Williams, “Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the HUMANIZATION of the laws and the EQUALIZATION of the social and economic forces of the State, so that justice, in its rational and objectively secular conception may at least be approximated.”

I myself do not condone the act of squatting, indeed, those shanties must be eliminated. However, what I abhor is the summary demolition done by the MMDA without due process! There was no notice, there was no hearing! These poor people should have been notified first of the intent of MMDA to demolish the shanties, and should be given the opportunity to be heard. MMDA just cannot storm their way in and like robbers in the night, take all the worldly possession of these people, though little they may have, it means the world to them. MMDA has become a social tyrant. Instead of becoming a government agency intended to serve the people, it became a monster that would ultimately stir up the flame of unrest among the masses, and in the end, would result to another social chaos.

MMDA has indeed limited powers. Police power is limited, and absolutely, it cannot exercise taxation and eminent domain, as enunciated in MMDA vs. Bel-Air.

As regards the aspect of Social Justice, it should be born in mind that the ‘have-nots’ should be provided for with alternative means of livelihood or residences. MMDA should have coordinated first with the Social Welfare Department and the Housing Authority in order to have the displaced people a decent place to relocate. Where would these people go?! In any event, once MMDA leaves, they would slowly rebuild their houses and start again, until MMDA returns and destroys it again. It will only toughen the squatters up, and would further enhance their disenchanted with the government.

What further aggravates my sentiments of disgust is that the MMDA personnel are even forcibly taking personal property of the dislocated squatters, such as kalderos, kawalis, timbas, palangganas, et al. This is too much. How do you expect these people to live a life at least approximate to that which is considered internationally acceptable as the least basic standard of living? These people might turn to a life of crime if they are further deprived of the most basic of equipments in order to have some meager meal to fill their empty stomachs.

It is high time that somebody should invoke Rule 65 and claim that MMDA has committed GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION. Better yet, lobby Congress to amend or repeal the present charter of MMDA and effectively clip off the powers which your so called BAYANI exploits in order to please our Queen.

MMDA may have acted in accordance with the law’s mandate. However, if grave abuse of discretion was committed, then, the spirit of the letter that killeth instead of that which vivifieth has prevailed.

God Save the Republic.