FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )
HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2902

EXPLANATORY NOTE

Article Ill of the Constitution provides:
“Section 1. No person shall be deprived of

life, liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.”

“Section 9. Private property shall not be
taken for public use without just compensation.”

The Universal Declaration of Human Rights (UDHR) of 10 December
1948 also provides:

“Aticle 17.1. Everyone has the right to own
property alone as well as in association with others.
“Article 17.2. No one shall be arbitrarily deprived of

his property.”

Considering the importance of people's right to property, any action on
the part of the government which would otherwise deprive or restrict the
property right of the people should be carefully studied.

This bill seeks to protect the people's right to own property by requiring
the government to conduct private property taking impact analyses before
taking the action.

Hence, the immediate passage of this bill is earnestly sought.
(

RUFYS B. ROPRIGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2902

House Bill No.

AN ACT
PROTECTING PRIVATE PROPERTY RIGHTS BY REQUIRING
GOVERNMENT AGENCIES TO PREPARE PRIVATE PROPERTY TAKING
IMPACT ANALYSIS

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

SECTION 1. Short Title. - This Act shall be known as the “Private
Property Rights Act of 2010."

SECTION 2. Statement of Policy. - The policy of the State is to
protect the health, safety, and general welfare of the public in a manner that,
to the extent practicable, avoids taking of private property.

SECTION 3. Definition of Terms. - For purposes of this Act, the term:

(A) “Agency” means a department, agency, independent agency, or
instrumentality, including any military department, goverment
corporation, government-owned and controlled corporation, or other
establishment in the executive branch of the government.

(8) "Agency action” means any action, inaction, or decision, taken by
an agency and includes such an action, inaction, or decision taken by,
or pursuant to:

(1) A statute, rule, regulation, order, guideline, or policy; or
(2) The issuance, denial, or suspension of any permit,
license, or authorization;

(C) “Owner” means the person with title, possession, or other property
rights in property affected by any taking of such property; and

ae


(D) “Taking of private property’ means any action whereby private
property is taken in such a way as to require compensation.

SECTION 4. Requirement for Private Property Taking Impact
Analysis.

(A) In General. - To the fullest extent possible, all policies, regulations,
and public laws shall be interpreted and administered in accordance with the
policies under this Act, and, subject to paragraph (B) hereunder, each agency
shall complete a private property taking impact analysis before taking any
agency action, including the promulgation of a regulation, which is likely to
result in a taking of private property.

{B) Non-Application. -Paragraph (A) shall not apply to:

(1) An action in which the power of eminent domain is formally
exercised;

(2) An action taken:

(a) With respect to property held in trust by the
government; or

(b) In preparation for, or in connection with, treaty
Negotiations with foreign nations;

(3) Law enforcement action, including seizure, for a violation of
law, of property for forfeiture as evidence in a criminal
proceeding;

(4) A communication between an agency and local land-use
planning agency concerning a planned proposed local activity
that regulates private property, regardless of whether the
‘communication is initiated by an agency or is undertaken in
response to an invitation by the local authority;

(5) Any military or foreign affairs function, including a
Procurement function under a military or foreign affairs function;
or

(6) Any case in which there is an immediate threat to health or
safety that constitutes an emergency requiring immediate
response, if the taking impact analysis is completed after the
emergency action is carried out or the regulation is published.

(C) Content of Analysis. - A private property taking impact analysis
shall be a written statement that includes:

(1) The specific purpose of the agency action;


(2) An assessment of the likelihood that a taking of private
property will occur under such agency action;

(3) An evaluation of whether such agency action is likely to
require compensation to private property owners; and

(4) Alternatives to the agency action that would:
(a) Achieve the intended purposes of the agency action;

(b) Lessen the likelinood that a taking of private
property will occur; or

(c) An estimate of the potential liability of the government
if the government is required to compensate a private
property owner as a result of the agency action.

(D) Submission to the Department of Budget and Management
(DBM):

Each agency shall provide analysis required under this section
as part of any submission otherwise required to be made to the DBM
relating to an agency action.

(E) Public Availability of Analysis. - An agency shall:

(1) Make each private property taking impact analysis available
to the public; and

(2) To the greatest extent practicable, transmit a copy of such
analysis to the owner and any other person with a property right
or interest in the affected property.

SECTION 5. Alternatives to Taking of Property. -Before taking any
final agency action, the agency shall fully consider alternatives described in
Section 4(C)(4) and shall, to the maximum extent practicable, alter the action
to avoid or minimize the taking of private property.

SECTION 6. Civil Action. - if an agency action results in the taking of
private property, the owner of such property may obtain appropriate relief in a
civil action against the agency that has caused the taking to occur.

SECTION 7. Guidance and Reporting Requirement. -


(A) Guidance. -The Solicitor General shall provide legal guidance in a
timely manner, in response to a request by an agency, to assist the
agency in complying with this Act.

(8) Reports. - Not later than one (1) year after the date of the
enactment of this Act and at the end of each one (1) year period
thereafter, each agency shall submit a report to the Secretary of the
DBM that identifies:

(1) Each agency action that has resulted in the preparation of a
taking impact analysis;

(2) The filing of a taking claim; and

(3) Any award of compensation pursuant to the just
compensation clause of the Constitution.

(C) Publication of Reports. - The Secretary of the DBM shall publish in
the Register, on an annual basis, a compilation of the reports of all
agencies made under this paragraph.

SECTION 8. Presumption in Proceedings. - For the purpose of any
agency action or administrative or judicial proceeding, there shall be a
rebuttable presumption that the costs, values, and estimates in any private
property taking impact analysis shall be outdated and inaccurate, if

(A) Such analysis was completed after 5 years or more before the date

of such action or proceeding; and

(B) Such costs, values, or estimates have not been modified within the
five (5) year period preceding the date of such action or proceeding.

SECTION 9. Separability Clause. - \f any provision or part hereof is
held invalid or unconstitutional, the remaining provisions of this Act not
otherwise affected shall remain valid and subsisting.

SECTION 10. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified or amended accordingly.

SECTION 11. Effectivity Clause. - This Act shall take effect fifteen
(15) days after its publication in at least two (2) newspapers of general
circulation.

Approved,