Time to repeal the Lina Law

The violence that erupted at the Laperal compound in Makati is a clear indication of how enormous the problem of squatting is in Metro Manila. For several decades now, 90-year-old Oliverio Laperal, owner of the 2.6 hectare Laperal compound in Guadalupe, religiously paid taxes for the property even if it was continuously occupied by informal settlers. After the area was declared a danger zone, the occupants still refused to vacate the site, throwing rocks, Molotov bombs and even human feces at the police and the clean-up crew carrying out the order. Ignoring DILG Secretary Jesse Robredo, Makati Mayor Junjun Binay showed political will, standing pat in his decision to stop residents from returning to the area because of the danger it poses.

The situation in Makati is exactly the same situation in many other squatter colonies all over the country invoking Republic Act 7279, otherwise known as the “Lina Law.” Many are actually professional squatters who refuse eviction and relocation from properties unless they get paid a hefty sum. While no one will argue that grinding poverty deprives many Filipinos the opportunity to have their own homes, sadly the law’s original intent to address socioeconomic inequity and provide socialized housing for the poor has been thoroughly abused and misused. The Lina Law requires consultation between property owners and illegal occupants, with a 30-day notice of eviction plus a provision for adequate relocation for settlers. However, this was the very loophole that has encouraged people to put up structures everywhere they liked - idle lands, vacant lots, condemned buildings, riverbanks, roadsides and even under bridges - and appropriate these as their own by simply invoking the Lina Law.

But really, there is no justification in the world that gives poor people the right to expropriate any property they want, totally disregarding the rights of legitimate owners, many of whom may have acquired their piece of land through sheer hard work. The usual modus operandi of these professional squatters is to scout for idle lands, start a colony, immediately encourage homeless people to put up structures, then wait for the aggrieved owner to pay them a “disturbance fee” before agreeing to leave voluntarily. In no time, they move on to another area and do the same thing all over again.

These “professional squatters” make a hell of a lot of money as landlords - renting out shanties and charging their “tenants” excessive rates for basic utilities like water and electricity known to be tapped illegally anyway. Many of these colonies even have their own sari-sari commercial centers that are tax-free businesses while the real landowners continue to pay real estate taxes. DSWD figures show that 90 percent of those living in the Laperal compound are “tenants” paying rental rates of P1,000 to P3,000 a month, with some enterprising individuals renting out as many as 20 shanties to poor families and boarders who hardly eat once a day.  

Clearly, the Lina Law is one of the reasons for the horrendous congestion, crime and overpopulation in Metro Manila because it literally encourages the influx of people from the provinces. Squatters are the number one polluters of the rivers and are probably the biggest challenge faced by Gina Lopez in reviving the Pasig River. Gina has so far been successful in relocating the squatters of Estero de Paco. More work though lies ahead before the Pasig River comes back to life.

One compelling reason why squatter colonies should be relocated is climate change and the inherent major disasters that residents themselves face - the threat of fire due to improper/illegal electrical connections, flooding and the spread of diseases because of garbage compounded by the lack of clean water and sanitation facilities. While the original intent of the Lina Law may have been good, it has evidently become clear that its many loopholes have made it susceptible to abuse by opportunists, undermining the very rights of property owners, instigating chaos and anarchy and going against the rule of law. The time for Congress to repeal this law has come. There is a need for better and more equitable legislation that would promote the interest of all parties concerned that is both fair and just.

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 Some people may have been disappointed with the resignation of Ombudsman Merceditas Gutierrez, like the congressmen/prosecutors and perhaps a few senators who may have lost an opportunity to be in the spotlight for a couple of months. The timing obviously stole “a bit of the front page thunder from the Royal Wedding - at least locally anyway,” a disappointed British national said. The biggest winner however was P-Noy. People want to see a new Ombudsman that will fulfill the President’s campaign promise - “Kung walang corrupt, walang mahirap.”  

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 US Ambassador Harry Thomas was very emphatic when he told us that the United States is definitely not interested in bringing back American bases to Subic. This was in reaction to a story that the visit of senators Daniel Inouye and Thad Cochran in Clark and Subic were part of plans to re-establish the former military bases that the US left after the Senate rejected their extension in 1991. Ambassador Thomas said visits from senators are pretty much routine. In fact, the Ambassador tells me there are five US congressmen visiting the country today. According to Ambassador Harry, as chairman and vice chairman of the influential Defense Appropriations Committee, Inouye and Cochran are very much in a position to decide on appropriating funds for the Philippines. Inouye is a long time friend of the Philippines while Cochran was here as an election observer in 1986.

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