Introduction

Informal settlers, often referred to as "squatters" in common parlance, occupy land without formal title or legal permission, a prevalent issue in the Philippines due to rapid urbanization, poverty, and land scarcity. Untitled land typically refers to public or private properties not yet registered under the Torrens system or lacking definitive ownership documents. While informal settlers lack formal ownership, Philippine law recognizes certain rights to protect them from arbitrary eviction and to promote social justice, balancing these with property owners' rights. This article exhaustively explores the rights of informal settlers on untitled land, grounded in constitutional provisions, statutes, jurisprudence, and administrative guidelines. It covers protections against eviction, relocation entitlements, pathways to land acquisition, limitations, and enforcement mechanisms, all within the Philippine legal framework.

Constitutional Foundations

The 1987 Philippine Constitution provides the bedrock for informal settlers' rights:

Article XIII, Section 9: Mandates the State to undertake an urban land reform program, ensuring affordable housing and basic services for underprivileged citizens, including informal settlers.
Article XIII, Section 10: Requires a continuing program of urban land reform and housing, respecting informal settlers' rights in resettlement.
Article II, Section 10: Promotes social justice, addressing inequalities and protecting the marginalized.
Article III, Section 1: Guarantees due process, prohibiting evictions without legal procedures.

These provisions elevate informal settlement as a social issue, not merely a property dispute, influencing laws to favor humane treatment over forcible removal.

Key Statutory Protections

Several laws delineate rights, particularly against eviction and for relocation:

Urban Development and Housing Act (UDHA, Republic Act No. 7279, 1992): The cornerstone legislation for informal settlers.
- Section 28: Prohibits eviction or demolition without: (1) adequate consultation; (2) notice; (3) relocation; (4) financial assistance if relocation is unavailable. Applies to untitled public or private land occupied by "professional squatters" or "squatting syndicates" only under specific conditions.
- Beneficiaries: Informal settlers (underprivileged and homeless citizens) on government-owned untitled land qualify for socialized housing if they meet criteria like income thresholds (below poverty line) and no prior ownership.
- Moratorium on Evictions: Imposed during national emergencies (e.g., pandemics, disasters) via executive orders.
Local Government Code (Republic Act No. 7160, 1991): Empowers local government units (LGUs) to regulate land use, conduct inventories of informal settlers, and implement resettlement. Section 444 requires mayors to ensure humane demolitions.
Civil Code (Republic Act No. 386): Article 433 recognizes possessors in good faith (believing they have title) entitled to fruits and improvements reimbursement upon eviction. Informal settlers may claim builder's good faith under Article 448 if they improve untitled land.
Comprehensive Agrarian Reform Law (Republic Act No. 6657, as amended by RA 9700): For agricultural untitled land, informal settlers (as agrarian reform beneficiaries) may acquire portions if qualified farmers or landless.
Indigenous Peoples' Rights Act (IPRA, Republic Act No. 8371, 1997): Protects ancestral domains; informal settlers on such untitled lands must respect indigenous claims, but IPs themselves as settlers have stronger rights.
Other Laws: Republic Act No. 10752 (Right-of-Way Act) mandates just compensation and relocation for settlers displaced by infrastructure. During disasters, Republic Act No. 10121 (Disaster Risk Reduction Law) prioritizes shelter for affected settlers.

UDHA distinguishes "informal settlers" from "professional squatters" (those who occupy for profit) or "squatting syndicates" (organized groups), denying the latter protections.

Rights Against Eviction and Demolition

Informal settlers on untitled land enjoy procedural and substantive safeguards:

Due Process Requirements: Evictions must follow UDHA guidelines: 30-day notice, pre-demolition conferences, presence of LGU officials, and no demolitions during inclement weather, weekends, or school periods.
Prohibited Acts: Section 27 of UDHA bans summary evictions without court order, except in danger areas or public projects. Violators (e.g., private owners or officials) face fines (P5,000-P100,000) or imprisonment (1 month-6 years).
Court Involvement: For private untitled land, owners must file ejectment suits under Rule 70, Rules of Court (summary procedure). Settlers can defend with possession evidence or good faith claims.
Relocation Rights: Mandatory under UDHA Section 22: Adequate sites with basic services (water, electricity, schools). If on government land, priority in National Housing Authority (NHA) programs. Financial aid (up to P18,000 per family) if relocation delayed.
Compensation for Improvements: Good faith possessors reimbursed for necessary/useful expenses (Civil Code Articles 546-552). In Depra v. Dumlao (1985), courts may order owners to pay or allow settlers to buy land at fair value.
Special Protections: For families with minors, elderly, or disabled, enhanced safeguards under RA 7610 (Child Protection) and RA 7277 (Magna Carta for Disabled Persons).

Jurisprudence like People v. Leachon (1998) voids violent demolitions, imposing criminal liability.

Pathways to Land Acquisition and Regularization

Informal settlers can transition from occupation to ownership:

Community Mortgage Program (CMP): Under UDHA and Social Housing Finance Corporation (SHFC), collectives borrow for land purchase, with government subsidies. Eligible on untitled private land with owner's consent.
Presidential Proclamations: Presidents declare untitled public lands as socialized housing sites (e.g., Proclamation No. 228 under Aquino for specific areas), allowing allocation via lottery or deeds of sale.
Adverse Possession: Under Civil Code Article 1113, 30 years of open, continuous possession in owner concept may lead to acquisitive prescription, registerable under Property Registration Decree (PD 1529). For public land, inalienable unless declassified.
Free Patents: Republic Act No. 10023 allows free patents for residential untitled public lands occupied for 10 years, up to 200 sqm in highly urbanized cities.
LGU Initiatives: Ordinances for land titling programs, partnering with DENR for surveys and titling.

In Sumulong v. Court of Appeals (1994), long-term possession strengthened claims against titled owners.

Limitations and Obligations of Informal Settlers

Rights are not absolute:

No Ownership Without Title: Settlers cannot claim absolute ownership; possession is precarious (Civil Code Article 537).
Environmental Compliance: Occupation in protected areas (e.g., watersheds under NIPAS Act, RA 7586) is illegal, subject to eviction without relocation.
Public Order: Settlers must not obstruct public utilities or pose hazards; violations justify removal.
Taxes and Fees: In regularization programs, payment of amortizations required; non-compliance leads to forfeiture.
Criminal Liability: Trespass (RPC Article 281) or qualified theft if resources extracted; but good faith mitigates.

Courts in Calalung v. People (2005) emphasize that rights depend on bona fide status.

Enforcement Mechanisms and Remedies

Administrative Bodies: HUDCC (now DHSUD), NHA, SHFC oversee programs; complaints filed for violations.
Judicial Remedies: Settlers can seek injunctions (Rule 58) against illegal evictions or mandamus for relocation.
Human Rights Angle: Commission on Human Rights investigates abuses; international covenants (e.g., ICESCR) influence via Constitution Article II, Section 2.
NGO and Community Support: Organizations like Urban Poor Associates provide legal aid.

Challenges include corruption in LGUs, inadequate relocation sites, and overlapping claims on untitled lands.

Relevant Jurisprudence

Supreme Court decisions shape interpretations:

*Arroyo v. Court of Appeals (1991): Upheld UDHA's eviction moratorium.
*Paje v. Casino (2015): Allowed evictions from protected areas but with humane relocation.
*City of Mandaluyong v. Aguilar (2001): Required compensation for improvements on untitled land.
*Concerned Citizens of Manila Bay v. MMDA (2008): Balanced environmental cleanup with settlers' rights.

These affirm a pro-poor bias while upholding rule of law.

Policy and Social Context

Informal settlements stem from agrarian inequities, migration, and housing shortages. Government programs like "Pambansang Pabahay Para sa Pilipino" aim for 1 million units annually. Critiques highlight implementation gaps, with evictions persisting despite laws.

Conclusion

The rights of informal settlers on untitled land in the Philippines reflect a commitment to social justice, providing shields against eviction, entitlements to relocation, and avenues for regularization. However, these rights are conditional, requiring good faith and compliance. By integrating constitutional mandates with statutory frameworks, the legal system seeks to humanize urban development, though effective enforcement remains key. Stakeholders—government, owners, and settlers—must collaborate to resolve this enduring challenge, ensuring dignity and security for all.