Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1213

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

EXPLANATORY NOTE

The Constitution, in particular Article Il, Section 9, clearly states that
private property shall not be taken for public use without just compensation. As
we are all aware, private property plays an instrumental role in the country’s
economic and social well-being. Thus, even agency actions which merely restrict
the use of private property and results in the diminution of its value, should
constitute a taking of that property and should be properly compensated

The proposed bill seeks to protect private property rights by requiring
government agencies to prepare private property impact analyses before said
property is taken for public use. This is important to guide agency actions,
including regulations, not to overstep the clear boundaries set by the Constitution
concerning private property.

In view of the foregoing, the immediate passage of this measure is
eamestly sought

. 4d.
DIOSDADO wld. ARROYO GLORIA MACAPAGAL ARROYO

Second District, Camarines Sur ¥econd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1213

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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 government 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, government corporation, government-owned
and controlled corporation, or other establishment in the executive branch of the
government.


(B) “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) Astatute, 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

(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) Anaction 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 likelihood 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.

() 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. Altematives 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.


(B) 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. - If 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,