30-Day Eviction Notice Template RA 7279 Philippines

Here’s a practical, everything-you-need-to-know legal guide (Philippine context) to the “30-Day Eviction Notice” under R.A. 7279 (Urban Development and Housing Act, “UDHA”)—what it is, when it applies, the non-negotiable safeguards, how to draft a compliant notice, and how both implementing authorities and affected families should proceed.

This is general information, not legal advice. Eviction/demolition is highly fact-specific. When in doubt, consult counsel or your local legal aid/PAO office.


1) Big picture: What the “30-day notice” is—and isn’t

  • The UDHA governs evictions/demolitions of underprivileged and homeless citizens (often in informal settlements) from public or privately owned land.
  • The 30-day written notice is one of several mandatory due-process safeguards before any eviction/demolition happens.
  • A court order is generally required to enforce eviction/demolition. The 30-day UDHA notice does not replace a court order; it complements it.
  • UDHA safeguards apply regardless of whether the land is public or private and in addition to other laws (civil ejectment rules, barangay conciliation, etc.).

2) UDHA’s minimum safeguards (you must tick all)

Before eviction/demolition, implementing authorities should ensure:

  1. Court authority: There is a court order authorizing eviction/demolition (save very narrow statutory scenarios; as a safe rule, secure one).
  2. Adequate consultation: Genuine consultation with affected families/communities before scheduling eviction (not just an announcement).
  3. 30-day written notice: Served individually (and posted conspicuously) at least 30 days before the actual date of eviction/demolition.
  4. Proper identification: All personnel executing the order (sheriff/LGU officers/police) must wear visible IDs and act within their mandate.
  5. Presence of officials: LGU and proper government representatives must be physically present during execution.
  6. Humane manner & safety: No excessive force; no demolition at night, on weekends/holidays, or during inclement weather, except under strict humanitarian necessity.
  7. Relocation/assistance (for qualified underprivileged families): Decent relocation with basic services and/or financial/material assistance must be provided; transport of belongings should be assisted.
  8. Protection of property: Inventories and safeguarding of salvaged materials/belongings; no arbitrary destruction of valuables.
  9. Exclusions: “Professional squatters”/“squatting syndicates” do not enjoy certain UDHA benefits—but basic humane procedures and notice still apply.

If any of the above is missing, the implementation risks being illegal and can be enjoined or give rise to criminal/administrative liability and damages.


3) When UDHA applies vs. when it doesn’t

  • Applies: Eviction/demolition involving underprivileged/homeless individuals or informal settler families (ISFs), including on government infrastructure sites, danger zones, waterways, or privately owned land.
  • Doesn’t replace landlord-tenant rules: If this is a rent/lease dispute in a formal dwelling, you typically proceed under Rule 70 (forcible entry/unlawful detainer) plus barangay conciliation when applicable. The UDHA’s 30-day demolition notice is not the same as a demand to vacate in ejectment cases (which have their own demand/notice norms).

4) Roles and responsibilities

Implementing authority (usually the Sheriff with LGU & police support):

  • Secure court order; conduct pre-eviction consultations; serve UDHA notices properly; coordinate relocation/assistance with NHA/LGU; ensure presence of medical, social welfare, and peace & order teams; document the process.

LGU/National Housing Authority (NHA)/line agencies:

  • Provide/coordinate relocation (or financial assistance where applicable), utility connections, temporary shelters, transportation assistance, and grievance desks.

Landowner/developer (if private):

  • Initiate lawful action; participate in consultations; do not self-evict or hire private goons; coordinate with LGU for humane implementation; avoid destroying belongings.

Affected families/communities:

  • Attend consultations; keep copies of notices; participate in census/eligibility for relocation; prepare belongings; raise grievances early; seek counsel/PAO if rights are at risk.

5) How to serve a UDHA-compliant 30-day notice

  • Form & content: Written, dated, in English and Filipino (and local language if needed), addressed to the household head and community, citing the legal basis, case details, exact date (and time window) of intended eviction/demolition (at least 30 calendar days from receipt/posting), relocation/assistance arrangements, and contact persons.
  • Service: Personal service with acknowledgment, plus posting in conspicuous places (entrances, community boards). Keep proof of service (photos, affidavits).
  • Consistency: The date in the notice must align with the court order and the consultation minutes.

6) Model templates

A) 30-Day Eviction/Demolition Notice (UDHA-aligned) – English

[LGU/Implementing Office Letterhead] 30-DAY NOTICE OF EVICTION/DEMOLITION (R.A. 7279 – UDHA) Date: [____]

To: The Occupants/Residents of [Community/Sitio/Address] (See attached household list)

Legal Basis & Authority. This Notice is issued pursuant to R.A. 7279 (UDHA) and the [Name of Court] Order/Writ dated [____] in [Case Title/Number], authorizing eviction/demolition at [location].

Consultation Conducted. Community consultations were held on [dates] at [venue]; minutes are attached.

Date & Time of Implementation. Eviction/demolition is scheduled on [specific date – at least 30 days from receipt/posting], [time window]. Execution will not occur at night, on weekends/holidays, or during inclement weather, except for humanitarian necessity.

Relocation/Assistance. Qualified underprivileged households will be provided [on-site/in-city/off-city relocation at (location)] with basic services (water, power, sanitation), transport assistance, and temporary shelter as needed. Please see the attached eligibility list, grievance procedure, and relocation briefing schedule.

Conduct of Eviction/Demolition. Execution shall be in a peaceful and humane manner. Personnel will wear visible IDs. LGU, social welfare, medical, and police teams will be present. Belongings will be inventoried and safeguarded.

Contacts. For questions/grievances: [LGU/Housing Office contact], [NHA/DSWD contact], [Sheriff/Implementing Officer].

Please prepare belongings and coordinate with your Block/Zone Leaders and the LGU Housing Desk for transport and documentation.

[Name & Signature] [Title—Mayor/City Administrator/Implementing Sheriff] Acknowledgment of Receipt/Postings attached

Attachments: (1) Court Order/Writ; (2) Consultation minutes; (3) Household census list; (4) Relocation eligibility & assignment; (5) Grievance process; (6) Site map & logistics plan; (7) Proofs of posting/service.


B) 30-Day NoticeFilipino (Tagalog) Version

[Header ng LGU/Tanggapan] 30-ARAW NA PAABISO NG DEMOLISYON/PAGPAPALIKAS (R.A. 7279 – UDHA) Petsa: [____]

Para sa: Mga Naninirahan sa [Komunidad/Sitio/Address] (tingnan ang kalakip na listahan)

Batayan at Awtoridad. Ang paabisong ito ay alinsunod sa R.A. 7279 (UDHA) at sa Order/Writ ng [Pangalan ng Hukuman] na may petsang [____] sa kasong [Titulo/Numero], na nagpapahintulot sa demolisyon/pagpapalikas sa [lokasyon].

Nagsagawang Konsultasyon. Nagsagawa ng konsultasyon noong [mga petsa] sa [lugar]; kalakip ang minutes.

Petsa at Oras ng Implementasyon. Nakaiskedyul ang demolisyon/pagpapalikas sa [tiyak na petsa – hindi bababa sa 30 araw mula pagtanggap/posting], [oras]. Hindi ito isasagawa sa gabi, Sabado/Linggo/holiday, o kapag malakas ang ulan, maliban kung may makataong pangangailangan.

Relokasyon/Tulong. Ang kuwalipikadong pamilyang mahihirap ay bibigyan ng [on-site/in-city/off-city] relokasyon sa [lokasyon] na may batayang serbisyo, tulong sa transportasyon, at pansamantalang tuluyan kung kailangan. Nasa kalakip ang eligibility list, grievance procedure, at iskedyul ng briefing.

Paraan ng Pagsasagawa. Isasagawa sa mapayapa at makataong paraan. Ang mga tauhan ay may nakakabit na ID. Nasa lugar ang LGU, social welfare, medical, at pulis. Iimbentaryuhin at iingatan ang mga gamit.

Mga Contact. Para sa mga katanungan/reklamo: [LGU/Housing], [NHA/DSWD], [Sheriff/Implementing Officer].

Mangyaring ihanda ang inyong mga gamit at makipag-ugnayan sa Block/Zone Leaders at LGU Housing Desk para sa transport at dokumentasyon.

[Pangalan at Lagda] [Posisyon] Kalakip: ebidensiya ng posting at pagtanggap


7) Step-by-step implementation roadmap (authorities)

  1. Legal groundwork

    • File case; secure court order/writ.
    • Conduct census/eligibility profiling of occupants.
  2. Consult & plan

    • Hold consultations; document minutes & attendance.
    • Finalize relocation/assistance plan (sites, transport, packing materials, medical teams).
    • Coordinate peace & order and traffic plans.
  3. Serve the 30-day notice

    • Personal service + community posting; keep proofs.
    • Open grievance desks; resolve list disputes early.
  4. Pre-D-Day logistics

    • Label households; arrange trucks, temporary shelters, utilities at relocation.
    • Prepare inventory forms, body-cams, and ID’ed personnel.
  5. Execution day

    • Officials present; humane handling; no night/holiday/bad weather execution.
    • Inventory & safeguard belongings; assist transport.
  6. Post-implementation

    • Turnover reports; after-care at relocation (water, sanitation, health, security).
    • Keep a grievance/appeal channel open for 30–60 days.

8) Rights & recourse of affected families

  • Right to consultation & humane treatment; to 30-day written notice; to see the court order; to ID’d personnel; to relocation/assistance if qualified.
  • Right to grievance: contest census/eligibility; request special accommodations (PWD, elderly, infants, pregnant).
  • Legal remedies: seek injunction/status quo orders against illegal implementation; file administrative/criminal cases for abuses; claim damages for unlawful acts.
  • Documentation: keep copies of all notices; take photos/videos; list household members and belongings.

9) Special notes & common pitfalls

  • Skipping consultation or serving notice late/defectively → high risk of illegality.
  • “Self-help” demolitions by owners without court authority → unlawful.
  • No relocation for qualified underprivileged ISFs → UDHA violation (coordinate with LGU/NHA).
  • Nighttime/holiday/rainy-day operations → presumptively improper, absent real humanitarian necessity.
  • Professional squatters/syndicates: excluded from certain benefits—but due process and humane conduct still required.
  • Barangay conciliation is not a substitute for UDHA procedures; it can resolve disputes but doesn’t authorize demolition.
  • Evidence trail: lack of proofs of service, consultation minutes, or presence of officials undermines implementation.

10) Quick checklists

For Implementers (LGU/Sheriff):

  • ☐ Court order/writ on file
  • ☐ Consultation minutes & attendance sheets
  • ☐ 30-day notices (served & posted) with proofs
  • ☐ Household census & eligibility list
  • ☐ Relocation/assistance plan (site readiness)
  • ☐ Medical, social welfare, and police teams booked
  • ☐ Inventory forms, transport, storage arrangements
  • ☐ Photo/video documentation plan (body-cams)
  • ☐ Grievance desk & hotline

For Affected Families:

  • ☐ Keep copies of all notices; verify dates
  • ☐ Attend consultation/briefings; check your eligibility
  • ☐ Pack valuables; label boxes; prepare IDs/meds
  • ☐ Identify PWD/elderly/infants for special transport
  • ☐ Document (photos/videos) and list belongings
  • ☐ Save contact numbers of LGU Housing / NHA / legal aid

11) FAQs

Is the 30-day UDHA notice optional if there’s a court order? No. Treat it as mandatory, along with consultation and humane-conduct requirements.

Can demolition proceed at night to “avoid conflict”? Generally no. UDHA disfavors nighttime/holiday/bad-weather executions, barring genuine humanitarian necessity.

If families refuse relocation, can we still evict after 30 days? Relocation must be offered and available to qualified households. If refused after due process and lawful orders, authorities may proceed humanely, but document the refusal and keep services accessible.

Does UDHA apply inside private subdivisions? If the occupants are underprivileged/homeless ISFs, UDHA safeguards still apply (even on private land). For formal leases, use ejectment rules; UDHA’s demolition regime is not the landlord-tenant notice.


12) Key takeaways

  • The 30-day UDHA notice is only one piece of a larger due-process package: consultation, court order, humane execution, and relocation/assistance.
  • Implementers must build a strong paper trail; families should engage, document, and assert rights early.
  • Cutting corners invites injunctions, liability, and conflict. Doing it by the book protects everyone.

If you want, tell me your exact role (LGU, landowner, community leader, or household) and I’ll tailor the template (English/Filipino), including a fillable household annex, service affidavit, and a grievance form you can print today.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.