Republic of the Philippines SANGGUNTANG —PANLUNGSOD City of Zamboanga ORDINANCE NO. 157, AN ORDINANCE REQUIRING WRITTEN CONSENT FROM THE OWNER OF PRIVATE oe LAND OR THE HEAD OF OFFICE, BUREAU OR GOVERNMENT AGENCY uy] GOT HAVING JURISDICTION OVER THE AFFECTED GOVERNMENT LoT FOR‘ THE CONSTRUCTION OF DWELLING UNITS OR OTHER STRUCTURES FOR ANY PURFOSE AND PROVIDING PENALTY FOR VIOLATION THEREOF AUTHOR: ROSENDO U. CASTILLO, JR. CO-AUTHORS: BFREN F. ARANEZ JESUS A. AQUINO ROBERTO B. VILLARES ASBI_N. EDDING CRESENCIANO G. CABANLIT EXPLANATORY. NOTE WHEREAS, there has been an alarming increase or proliferation of squatters in Zamboanga City; WHEREAS, the unabated rise of squatter colonies in the city would eventually compound and multiply the problems already besieging it ranging from health and sanitation, urban land reform, unemployment, peace and order, illiteracy and social welfare; WHEREAS, it is the avowed goal of the present dispensation as well as the urgent call of the times to abate or arrest if not eliminate squatting which causes widespread disturbances of the peace and order condition in the community, create, unsanitary environment thus posing hazards to the health and life of the inhabitants, exert pressure on the meager resources of government for almost always there is a lack, Af not the completa absence of basic living facilities like shnitary drains for | waste water and wvanitary toi nus | mlting into frequent outbreak of | senses and health problem | fA vitimately resulting + | WHEREAS, squatting 1a anathema to the avowed thrust toward urban renesal, industrialisation and — bransformabion ‘of the city into a vibramt, productive and healthy metropolie; Livelihood . | wre | |-2- This pernicious practice of appropriating the land of another for their own use and benefit prejudices not only the omers of the property or land but also the City Government which almost always is unable to impose and collect the property tax due thereon. Be it enacted by the Sangguniang Panlungsod of the City of Zamboanga, ‘that: SECTION 1.~ This Ordinance shall be known as “The Anti-Squatting Ordinance of the City of Zamboanga. SECTION 2.- It is hereby declared unlawful and illegal for any person or persons, association, organization or group to construct any dwelling unit or any other structure for whatever purpose in any private’ land in the City of Zamboanga without the notarized written consent from the owner thereof; The written consent of the land owner must be given under oath before a Notary Public only. No construction may commence, or if already commenced, may continue, without first presenting said notarized written consent from the land owner to the Barangay Captain where the land is located. For this purpose, it shall be the duty and responsibility of the Barangay Captain to stop the construction or continuance thereof if the requirements hereinabove mentioned are not complied with. SECTION 3. - It is hereby declared unlawful and illegal for any person or persons, association, organization or group to construct any dwelling unit or any other structure for whatever purpose on government“ land in the City of Zamboanga without written approval under oath of the head of office, bureau or agency of the city or national government who exercises jurisdiction or administers or has custody over the land. ‘The afore-mentioned written approval must be made under oath before a Notary Public only. No construction may commence, or if already commenced, may continue, without first presenting said notarized written consent of the said head of office, bureau, or agency to the Barangay Captain where the land is located. For this purpose, it shall be the duty and responsibility of the Barangay Captain to atop the construction or pontIniance thereof if the requieenenia ax herein above-mentioned are not complied wit BRO d= Th elell be the duty and reapeysibility of the fiaraniay fabtain bo investivala ad verify whether @ coualruckion ta With oF Withoith the conaeit or ApiCavel of Uhe pelvale laid ener oF the Head Ff office: concorned and th da further bia duty aa herein above-mentioned to trevent ny stor Lie oonatruction if 46 does nob comply with the peuidrenenta hevedf an heretofore mentioned 14 1e further the vluby aid eabonaibi lity of thé Banana Captain te rerert In welt Ye Othe Ral lding OFfleimt, ang, and pdt edt has Want ta a abenatad ty Tite hapangae in vinlatton rerton the roeetnt of the veltten report, the Cty Dericiat dict an inventipation att upon yertficarton ii tatety oannm thie Amo tien ty RooordAide waTdiitn + yy aha} inmediaotc SECTION 6.- Any and all dwelling units and structures for whatever purpose already constriiéted prior to the approval hereof, are exempted from the provisions of this Ordinance. SECTION PENAL PROVISION - Any person or persons, or the Chairman/President and as well as the other officers of. any organization, association or group who upon conviction, shall suffer a penalty of imprisonment ranging froin Six (6) months to One (1) Year and/or a fine of ONE THOUSAND (P1,000.00) PESOS to FIVE THOUSAND (P5,000.00) PESOS at the discretion of the Court. The construction and building materials shall be confiscated and forfeited in favor of the government . SECTION 8.- The Barangay Captain and/or the City Building Official who fails to comply with the duties and responsibilities ‘imposed upon them in this Ordinance shall. after due investigation, be liable to an administrative fine of ONE THOUSAND (P1,000.00) PESOS ‘for the first offense and TWO THOUSAND (P2,000.00) PESOS for the second offense. Any subsequent violation hereof shall, upon conviction of the offender, be penalized by a fine ranging from THREE THOUSAND (P3,000.00) PESOS to FIVE THOUSAND (P5,000.00) PESOS and/or imprisonment from Six (6) Nonths to One (1) Year at the discretion of the Court. The foregoing are without prejudice to whatever administrative sanction that the Sangguniang Panlungsod or the City Mayor may see fit to impose in accordance with law. SECTION 9.- SEPARABILITY CLAUSE - Should any provision, section or part of this Ordinance be adjudged or declared illegal or unconstitutional by any court of competent jurisdiction, such Judgement shall not affect or impair the remaining provisions, sections or other parts hereof which shall continue to be in force and effect. SECTION 10.- REPEALING CLAUSE - All Ordinances or provisions of Ordinances which are inconsistent with this Ordinance are hereby repealed. ag SECTION 11.- EFFECTIVITY - This Ordinance shall take effect within Fifteen’ (15) days after its publication in a newspaper of general circulation in Zamboanga City. ENACTED: September 15, 1994 y Preaidink Officer \W were mt ku Voy (tea .) |zekaTpa fae City Governmdnt tment Head 111 (offs Beery 4 APPROVED: /wl-8/16/94 }