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year moratorium on their amortization payments. During the meeting, the residents were
given the chance to ask questions on their resettlement, the procedure for the award of the
housing units to them and the financial, transportation and medical assistance from the
Government, while relocated.
4.10 The actual relocation occurred on 25 January 2011. The local government provided
the residents with transportation services to the resettlement area and trucking services for
their belongings. Each family was also given financial assistance, a sack of rice and
groceries and medical services. Consultation meetings with residents were also conducted
by the local inter-agency committee on 9, 12 and 18 March 2011.
4.11 The violence that occurred on the day of the relocation was solely attributable to
certain residents and members of other interest groups. The State party has submitted for
the consideration of the Committee a video taken on 25 January 2011 at Barangay Corazon
de Jesus. In the video, it can be seen that, far from organizing a “peaceful human blockade”,
some residents and outsiders violently attacked the police officers who attended the
relocation in order to maintain peace and order. While a senior police official was
peacefully negotiating with the residents to vacate the premises, a group of unruly civilians
started throwing rocks, concrete blocks and Molotov cocktails at the police officers. The
police officers were armed only with shields to protect themselves from the mob. Contrary
to the allegations of the authors, they were not armed with rifles or guns, nor did they use
tear gas on the crowd. Water from fire trucks was used only to prevent the mob from
advancing towards the police ranks. Six police officers and 12 members of the relocation
team were injured by the mob. No bulldozer was used during the relocation. A pay loader,
which was parked in the area, was only used to shield the police officers from being
attacked by the crowd, including those who were throwing rocks. The State party also
refutes allegations that the residents of Barangay Corazon de Jesus were relocated to
Lupang Arenda, Taytay, Rizal or in Southville 1-K-1, Rodriguez, Rizal, precisely because
those areas were not suitable. Families that had voluntarily agreed to the relocation were
provided with housing units at Southville 8-B and 8-C, Rodriguez, Rizal. The resettlement
area was only one hour away from Barangay Corazon de Jesus and transportation facilities
are accessible. It has adequate water, electricity, sewage facilities, schools, day-care centres,
health centres, police outposts, a public market and livelihood centres.
4.12 The State party categorically denies the allegations that residents and community
leaders were subjected to threats of arbitrary arrest, harassment or violence by government
authorities. Police records show that persons who participated in the violence on 25 January
2011 were arrested and charged with illegal assembly, direct assault, illegal possession of
deadly weapons, or alarm and scandal. Weapons such as slingshots, ice-picks, kitchen
knives, fan knives and jungle bolo knives were recovered from the suspects. Furthermore,
all the suspects were released on 27 January 2011.
4.13 In addition, the State party claims that the communication is inadmissible, because
the authors failed to exhaust all available and effective domestic remedies. In 2011, a
complaint was filed with the Commission on Human Rights of the Philippines against local
government officials, police officers and other persons in connection with the government
relocation activities in Barangay Corazon de Jesus, which remains pending with the
Commission. The Commission is a constitutional body mandated to investigate all forms of
violations of civil and political rights committed within the State party’s territory or against
its citizens. Under the national legal system, there are other legal remedies and grievance
mechanisms available to the authors of the communication, if it were true that their rights
were violated by the Government. The authors could charge erring government officials
before the courts, the Ombudsman, the Civil Service Commission and other quasi-judicial
bodies to enforce their criminal, civil and administrative accountability. Moreover, the
authors could have filed a case in court prior to the relocation in order to question the
compliance by government agencies with the substantive and procedural requirements of
demolition or eviction activities under the Urban Development and Housing Act.
4.14 On the merits, the State party categorically denies that it violated the authors’ rights
under articles 2, 6, 7 and 17 of the Covenant. With regard to the claims under article 2, the
State party submits that the residents of Barangay Corazon de Jesus were provided with
individual notices of relocation. Public notices were also prominently posted in
conspicuous places in the area concerned. Consultations were conducted with the affected
residents, and the residents were relocated in a resettlement area with adequate services and
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