Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

House Bill'No. 380

Introduced by REP. MARIA RACHEL J. ARENAS

AN ACT TO RECLASSIFY THE MANGABUL RESERVATION IN THE MUNICIPALITY OF
BAYAMBANG, PROVINCE OF PANGASINAN, INTO ALIENABLE AND DISPOSABLE
LAND OF THE PUBLIC DOMAIN FOR THE PURPOSE OF REDISTRICUTING THE SAME
TO THE BONA FIDE AND LONG-TERM FARMERS/OCCUPANTS THEREOF, AND FOR
OTHER PURPOSES:

EXPLANATORY NOTE

During the 9th Congress, the Committee on Agrarian Reform conducted an inquiry, in aid
of legislation, on the long-festering agrarian unrest affecting about one thousand farming families
in the so-called Mangabul Reservation located in Barangay San Gabriel 2", Bayambang,
Pangasinan. The reservation has an area of 2,059 hectares, more or less, and is designated by the
Bureau of Lands Survey as Insular Public Domain (IPD-92). It used to be partly forested in partly
a lake, and in 1993 was declared a public reservation through Act No. 4041 which awarded the
usuftuctuary rights to the Municipality of Bayambang over the fishery area commonly referred to
as the Mangabul Fishery Reservation

Slowly but with steady progression over the period of more than 60 years, the forested
portions were converted to agricultural cultivation, and the constant accumulation of silt and lahar
from Mt. Pinatubo, has decreased the fishery area into little more that a few shallow creeks during
the dry season. The natural conditions of the area has given rise to farmers or tenants planting,
toiling but such contributions to the economy are not given due recognition

At present, practically the whole area has become farmland and the site of residential houses,
comprising 8 barangays. Some residents of other barangays go to the area to work the land during
the farming season. The actual use of the land remains agricultural, tilled by farmers whose tenure
is not secured and could not fully utilize the potential of this land.

Moreover, the local government of the Municipality of Bayambang, after being stripped of its
usufructuary rights over the property, has lost a source of revenue which could otherwise be
utilized in delivering basic services. The Department of Environment and Natural Resources
declared that Municipality’s usufructuary rights terminated in 1993 under Article 605 of the Civil
Code which disallows usufructuary rights to last in excess of 50 years. When the Regional Trial



Court decided in favor of the DENR’s claim, the Municipality of Bayambang appealed the
decision, and the case has remained pending until the present time.

Controversies arose between the farmers and the occupants, on one hand, and the
Municipality and the lessees of the fishery reservation, on the other. These controversies resulted
in many civil and criminal cases, but the courts always recognized the right of the farmers to the
physical possession of the crop lands.

In order to put an end to the legal issues involved and the agrarian unrest in the area, and
to promote peace, security and greater production within the community, consistent with law and
the requirements of environmental conservation, the Chairman and members of the Committee on
Agrarian Reform in the Ninth Congress filed a Bill to undertake the following:

1. Reclassification of the Mangabul Reservation into alienable and disposable land of the
public domain;

2. Distribution of the land ownership among the bona fide and long-term farmers and
occupants therein;

3. Granting the usufruct over the remaining creeks in the area to the Municipality of
Bayambang, which, however, shall be managed and developed by the farmers/occupants
themselves upon payment of reasonable compensation to the Municipality;

4, Explicit repeal of Act No. 4041

Due to the time constraints, action on this bill was not completed in the 9th, 11"", 12", 16",
17" Congresses. However, in May 2022, during the 18” Congress, this Bill passed the Third
Reading in the House of Representatives, was duly transmitted to the Senate where, it was
deliberated on in the Senate Committee on Environment, Natural Resources and Climate Change.
Again, due to lack of material time, action on this Bill has not been completed

In view of all the foregoing, immediate approval of this Bill is strongly sought.

i

RIA RACHEL J. ARENAS
Representative

3" District of Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

380

House Bill No.

Introduced by REP. MARIA RACHEL J. ARENAS

AN ACT TO RECLASSIFY THE MANGABUL RESERVATION IN THE MUNICIPALITY OF
BAYAMBANG, PROVINCE OF PANGASINAN, INTO ALIENABLE AND DISPOSABLE
LAND OF THE PUBLIC DOMAIN FOR THE PURPOSE OF REDISTRICUTING THE SAME
TO THE BONA FIDE AND LONG-TERM FARMERS/OCCUPANTS THEREOF, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. The timber land comprising the Mangabul Reservation designated by the Bureau
of Lands Survey as Insular Public Domain (IPD-92), with an area of 2,059 hectares, more or less,
located in the Municipality of Bayambang, Province of Pangasinan, the usuffuctuary rights over
the fishery area of which were granted in 1933 to the said Municipality, is hereby reclassified and
declared as alienable and disposable land of the public domain.

Section 2. The aforementioned land shall be distributed in ownership to bona fide and long-
term farmers/occupants thereon; but the existing creeks in the same area shall be given usufruct to
the Municipality of Bayambang; Provided, That the said bona fide and long-term
farmers/occupants shall manage and develop the said creeks upon payment by them of reasonable
compensation to said Municipality.

Section 3. The scheme of distribution of the land, including the identities of the bona fide
and long-term farmers/occupants thereon, shall be prepared by a Committee which shall be
composed of the following: the representative of the Department of Environment and Natural
Resources as Chairman; the representative of the Department of Agrarian Reform as Vice-
Chairman; and the Mayor of Bayambang, the Head of the farmer's organization, and the Provincial
Director of the Philippine National Police, as members. The scheme of distribution shall include
the technical description of each lot pertaining to each of the farmers/occupants, following the
boundaries of existing integrated social forestry stewardship and/or similar contracts that may have
been awarded in their favor, Provided, That said, scheme of distribution shall be as equitable
without gross disparities among the awardees,


Conflicts shall be decided by the Committee after due hearing, appealable to the Department
Secretary under whose jurisdiction the issue involved fails. The Secretary’s decision or order on
appeal may be subject of a petition for preview by the Office of the President within fifteen (15)
days from promulgation of notice of the decision or order appealed from; Provided, That said
petition for review shall be decided within thirty (30) days after receipt thereof, otherwise, the
decision or order appealed from shall be deemed ratified and final

Section 4. Once the scheme of distribution is approved by the Committee, the Department
of Environment and Natural Resources shall give the technical description, survey maps, and
similar documents to the DAR, which shall undertake the actual distribution of the land under the
principles of agrarian reform and the applicable provisions of the Comprehensive Reform Law and
other related laws.

Section 5. The existing creeks in the area shall be plotted, surveyed and segregated from
the other portions of the area by the DENR, and shall be given in usufruct to the Municipality of
Bayambang. The Mayor and the Head of the organization of the farmer's beneficiaries shall meet
to discuss and determine the reasonable compensation to be paid to the Municipality for the
management and development thereof by said beneficiaries. In case of disagreement, the Head of
the DENR Regional Office shall decide.

Section 6. Act No. 4041 is hereby repealed; and all other laws, executive and

administrative orders, rules and regulations inconsistent with this Act are hereby repealed or
modified accordingly

Approved