EPRES,
Ke,

HOUSE.

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4 oo
Lippe

Republic of the Philivpines
Bouse of Representatives
Queson City, Metro Manila

Sixteenth Congress

First Regular Session

House Bill No.__ 2030

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

On July 26, 1904, Civil Governor Luke Wright, pursuant to the Philippine
Commission's Act No. 648, promulgated Executive Order No. 33 creating the
“Mariquina Reserve’ to serve as water source for the City of Manila. Since 1904,
numerous executive issuances defined and altered the Reservation’s boundaries,
mostly excluding considerable portions from it. These exclusions engendered
opportunities for both conservative and exploitative human activities within the
reservation and gave rise to land-use conflicts amidst invading masses of informal
settlers and land speculators.

On June 5, 1990, President Corazon Aquino issued Proclamation No. 585
segregating and placing 1,430 hectares of the reservation under the ‘Integrated Social
Forestry’ (ISF) Program of the Department of Environment and Natural Resources
(DENR). Under the proclamation, the segregated area encompasses Sitios Boso-boso,
Kilingan, San Joseph and Paenaan in Barangay San Jose, within the jurisdiction of the
2™ Legislative District of Antipolo City. The Integrated Social Forestry Program aims to
address the twin concerns of rural poverty and the ecological preservation of forest
lands where occupants are provided secured access to land through Certificates of
Stewardship Contract (CSCs).


In 1992, Republic Act No. 7586, otherwise known as the “National Integrated
Protected Areas System (NIPAS) Law, was enacted and declaring the Marikina
Watershed Reservation as an initial component of the system pursuant to Section 5 of
said law.

Meanwhile, the ISF Project area has become a well-developed and established
community with the awardees and other occupants having constructed concrete houses
and engaged in small-scale enterprises aside from farming activities. Basic social
services and facilities such as schools, barangay halls, health centers and sports
facilities are already existing in the area. Significantly too, road networks have been
established and the area is almost completely energized. In short, the area is already a
vibrant community in transition to becoming a self-sustaining human settlement. In fact,
it is already part of a barangay (San Jose) duly recognized as a constituent political unit
of the City of Antipolo. The area at present, has almost completely lost its previous
character as forest land and is metamorphosing into an agricultural and residential
area.

On November 24, 2011, President Benigno Aquino III issued Proclamation No.
296 declaring the Marikina Watershed Reservation as a protected area pursuant to RA
No. 7586 and renaming it ‘The Upper Marikina River Basin Protected Landscape’. Its
technical description indicated that the protected landscape is ‘bounded on the
southwest by the Integrated Social Forestry Program under Proclamation No. 585’.
Hence, the ISF Project area has been removed from and is no longer part of the
protected landscape.

Relatedly, during the 15" Congress, this representation initiated a congressional
investigation through House Resolution No. 226 into the condition of the Marikina
Watershed Reservation. After several public hearings participated by stakeholders as
well as concerned government agencies, and an ocular inspection of the area by
members of the Committee on Natural Resources, the committee found that only 10%
of the area remains as residual forest and 30% is made up of already developed areas
and 40% is cultivated or agricultural areas. While the report recommended that the area
should remain as a watershed reservation, it also urged the Department of Environment
and Natural Resources (DENR) to immediately identify areas outside of the Protected
Area which shall be recommended for reclassification into agricultural lands and for
other purposes through legislative enactment. The project site covered by Proclamation
No. 585 is one such area.

This bill seeks to reclassify the area covered by Proclamation No. 585 as
agricultural lands and have the same declared as alienable and disposable to enable


the present occupants of the land to qualify to apply for land titles under conditions and
limitations provided for in the bill and by existing applicable laws. The measure seeks to
distribute and utilize the land for the following purposes

1) Agricultural purposes under Republic Act no. 6657 or the Comprehensive
Agrarian Reform Law;

2) Residential purposes under Republic Act No. 730 and Commonwealth Act No.
141;

3) Socialized Housing Purposes under Republic Act No. 7279 or the Urban
Development and Housing Act; and,

4) For the establishment of a government center.

To further ensure the appropriateness and acceptability of the provisions of the
proposed measure to various stakeholders and concerned govemment agencies,
several mass consultations were held in the area itself.

It is hoped that the government may strike a compromise between poverty
alleviation and the need to conserve, with flexibility, whatever remains of a critical
natural resource. While environmental protection and conservation must be promoted,
social justice must also be pursued.

The proposed measure was previously filed in the 15" Congress as House Bill
No. 6752 and was approved by the Committee on Natural Resources. However, due to
lack of material time, it was not enacted into law.

For the foregoing reasons, the immediate passage of this bill is earnestly sought.

ROMEO|M. ACOP MNSA
epresentative

2™ District, Antipolo City


By," 2
“nipewe

Republic of the Philippines
Bouse of Representatives
Quezon City, Metco Manila
Sixteenth Congress

First Regular Session

House Bill No.___ 2030

Introduced by HON. ROMEO M. ACOP

AN ACT
DECLARING AS ALIENABLE AND DISPOSABLE PARCELS OF LAND OF THE PUBLIC DOMAIN
EMBRACED BY PROCLAMATION NO. 585 SITUATED AT SITIOS BOSO-BOSO, KILINGAN,
VETERANS, SAN JOSEPH AND PAENAAN IN BARANGAY SAN JOSE IN THE CITY OF ANTIPOLO,
PROVINCE OF RIZAL, AND DECLARING THE SAME OPEN TO DISPOSITION

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

SECTION 1. - Coverage - The parcels of land of the public domain located in Sitios Boso-
Boso, Kilingan, Veterans, San Joseph and Paenaan in Barangay San Jose, Antipolo City,
Province of Rizal, identified as Integrated Social Forestry Area under Proclamation No. 585
dated June 5, 1990, are hereby declared alienable and disposable lands and open to disposition
for agricultural, residential and socialized housing, and other purposes under certain conditions.

Said parcels of land are more particularly described as follows :


Bounded on the Northwest, Northeast and Southeast by Upper Marikina River Basin Protected
Landscape under Proclamation No. 296 dated November 24, 2011 and on the Southwest by
Alienable and Disposable land.

Beginning at a point marked “1” which is N 01° 36' 47” W, 2,292.91 meters from RZL-3111 of
the City of Antipolo, Province of Rizal, Lat: 14° 37’ §4.270”; Long: 121° 13” 08.704”.

thence '$ 25°00'00" E 820.00 meters to comer 2;
thence N61°00'00” E 240.00 meters to comer 3;
thence N 75°00'00" E 240.00 meters. to comer 4;
thence N 75°00'00" E 240.00 meters to corner 5;
thence S$ 79°01'05" E 419.14 meters to corner 6;
thence N 13°54'07" E 1,580.44 meters to comer 7;
thence $ 75'25'31" E 1,083.72 meters to comer 8;
thence N 85°47'30" E 637.38 meters to comer 9;
thence S 43°00'00" E 635.00 meters ‘to corner 10;
thence N 78'00'43" E 241.06 meters ‘to corner 11;
thence S 29°48'30" E 178.74 meters

thence $29°42'11" E 252.27 meters

thence $ 30°00'00" E 310.00 meters

thence N 72°53'54” E 112.00 meters to comer 15;
thence ‘$ 82°57'57" E 268.70 meters to corner 16;
thence N 10°02'07" W 368.71 meters to corner 17;
thence N 09°54'28" W 282.58 meters to corner 18;
thence NN 84°00'00" W 290.00 meters to comer 19;
thence N 47°00'00" W 150.00 meters to comer 20;
thence $ 81°00'00" W 100.00 meters to corner 21;
thence N 57°00'00" E 80.00 meters to corner 22;
thence N 15°00'00" E 320.00 meters to corner 23;
thence N 25°00'00" E 270.00 meters to corner 24;
thence 'N 62°00'00” E 560.00 meters to comer 25;
thence $ 70°00'00" E 1,000.00 meters to comer 26;
thence $$ 15°00'00" E 180.00 meters to corner 27;
thence S$ 22°44'47" W 106.55 meters to comer 28;
thence $ 59°53'07" E 84,23 meters to comer 29;
thence $ 30°02'12" W 158.31 meters ‘to corner 30;
thence N 79°28'21" W 150.27 meters to comer 31;
thence $ 84°00'00” W 415.00 meters to comer 32;
thence $ 26°00'04” W 298.83 meters to comer 33;
thence $ 07°49'23" W 1,597.93 meters to comer 34;
thence $ 65°07'23" E 753.48 meters to corner 35;
thence N 75°07'49" E 294.97 meters to comer 36;
thence $ 68°55'25" E 798.49 meters to comer 37;

thence N67°16'06” E 380.92 meters to comer 38;


thence DUE SOUTH 1,320.00 meters. to corer 39;

thence $ 43°0000" E 850.00 meters to comer 40;
thence $ 63°00'00" W 675.00 meters to comer 41;
thence N 51°54°00” W 820.00 meters to comer 42;
thence N 51°54'00” W 640,00 meters to comer 43;
thence N 51°54'00” W 860,00 meters to comer 44;
thence N 51°54'00" W 420.00 meters to comer 45;
thence N 51°54’00” W 700.00 meters to comer 46;
thence N67°49'53" E 400,33 meters to comer 47;
thence N 12°51'40” E 517.96 meters to comer 48;
thence N 15°35'34” W 508.21 meters to comer 49;
thence S 32°58'39" W 444.42 meters to comer 50;
thence N 86°59'57” W 708.76 meters to comer 51;
thence § 20°13'29" W 403.38 meters to comer 52;
thence S 49°05'08" E 112.98 meters ‘to comer 53;
thence S 79°59'31" W 245.64 meters to comer 54;
thence $ 05°50'40" W 363.32 meters ‘to comer 55;
thence $ 72'12'58" W 158.40 meters to corer 56;
thence S 19°26'24"” W 102.61 meters to corner 57;
thence S 45°06'05" E 243.40 meters to comer 58;
thence SS 68°54'58" W 225,00 meters to comer 59;
thence $ 30°03'20" W 255.42 meters to comer 60;
thence $ 30°03'20" W 764.62 meters to comer 61;
thence $ 30°03'20” W 396.88 meters to comer 62;
thence 'N 60°39'20" W 208.41 meters to comer 63;
thence N 40°51'01" W 337.76 meters to corner 64;
thence N 41°51'01" W 432.76 meters to comer 65;
thence N 41°51'01" W 442.21 meters to comer 66;
thence N41°51'01" W 358.88 meters to corner 67;
thence N 31°01'23" W 492.02 meters ‘to corner 68;
thence N73°17'41" W 685.56 meters to comer 69;
thence N 13°32'01" W 1,398.19 meters to comer 1

the point of beginning, containing an area of ONE THOUSAND FOUR HUNDRED NINETY
FOUR and 26/100 (1,494.26) hectares, subject to actual ground survey and delineation.

Provided, that the following areas shalll not be covered

a) Lands which are eighteen percent (18%) or more in slope

b) Twenty (20)-meter strips of land along the edge of the normal high waterline of rivers
and streams with channels of at least five (5) meters wide

©) Ridge tops and plateaus regardless of size found within

d) Appropriately located road rights-of-way

e) Isolated patches of forest of at least five (5) hectares with rocky terrain


SECTION 2. - Disposition of Lands - The parcels of land embraced in this Act, subject to
Section 3 hereof, shall be alienated and disposed for the following purposes :

a) Agricultural Purposes - The Department of Agrarian Reform shall distribute certain
parcels of land embraced in this Act for agricultural purposes in accordance with
Republic Act No. 6657, as amended, otherwise known as ‘The Comprehensive Agrarian
Reform Law’: Provided, that, each qualified beneficiary shall be allotted not more than
‘one (1) hectare. No interest shall be imposed on the value of the land to be paid by the
beneficiaries.

b) Residential Purposes - The Department of Environment and Natural Resources shall
dispose certain parcels of land embraced in this Act for residential purposes in
accordance with Republic Act No. 730, otherwise known as “An Act To Permit the Sale
Without Public Auction of Public Lands of the Republic of the Philippines for Residential
Purposes to Qualified Applicants Under Certain Conditions’, in relation to
Commonwealth Act No. 141, as amended, otherwise known as “The Public Land Act’,

¢) Socialized Housing Purposes - The National Housing Authority shall dispose certain
parcels of lands embraced in this Act for socialized housing purposes in accordance with
Articles IV and V of Republic Act No. 7279, otherwise known as “The Urban
Development and Housing Act’.

d) Government Center Reservation Purposes - The Department of Agrarian Reform and
the Department of Environment and Natural Resources in consultation with the City
Govemment of Antipolo, shall determine and reserve certain parcels of land embraced in
this Act for the establishment of a government center and facilities that the public
interest requires. The City Government of Antipolo shall oversee the establishment ofa
government center which shall house offices and instrumentalities of the City
Govemment and local offices of the various national government agencies.

As far as practicable, the percentages of allocation and disposition of the lands covered by this
‘Act for the above-purposes shall be as follows :

a) Sixty percent (60%) for agricultural purposes;

b) Twenty percent (20%) for residential purposes;

c) Ten percent (10%) for socialized housing purposes; and,
d) Ten percent (10%) for government center purposes.

The Department of Environment and Natural Resources shall continue to maintain as Forestry
‘Areas such parcels of land not covered by this Act under Section 1 hereof.

SECTION 3.- Land Survey - Prior to the disposition of the lands embraced in this Act, the
Land Management Bureau of the Department of Environment and Natural Resources (LMB-


DENR), shall, within 6 months from the effectivity of this Act, conduct a survey of said lands for
the purpose of determining and delimiting the specific areas most suitable for the purposes
provided for in the preceding section. The findings and recommendations of the Bureau shall be
duly concurred in and approved by the Secretary of the Department of Environment and Natural
Resources, the Secretary of the Department of Agrarian Reform (DAR) and the General
Manager of the National Housing Authority (NHA).

SECTION 4. - Beneficiaries -

1) In reference to paragraphs (a) and (b) of Section 2 of this Act, the following shall be
deemed beneficiaries in accordance with the following priority :

a) Those who are awardees of Certificates of Stewardship Contract in good standing
under Proclamation No. 585, Letter of Instruction No. 1260 and DENR Administrative
Order No. 97 dated December 29, 1988;

b) Those who are awardees of Certificates of Stewardship Contract referred to in the
preceding paragraph but who have not substantially complied with the terms and
conditions of the stewardship contract as determined by the DENR; Provided, that
their Certificates of Stewardship Contract have not been revoked prior to the
effectivity of this Act; and,

©) Those who do not fall under paragraphs [a] and [b] but have actually occupied and
cultivated the lands embraced in this Act for not less than five (5) years before the
effectivity of this Act; Provided, that their actual occupation of the land has not been
attended or facilitated by any mode of assignment or transfer of possession
prohibited by existing regulations and by this Act; Provided further, that transfers of
possession otherwise allowed but where the prior approval of the DENR was not
previously secured shall be subject to confirmation by the DENR in a proper
proceeding.

Qualified beneficiaries shall have the option between a residential lot or an agricultural
land to the exclusion of the other, Provided, that members of a family living with a CSC
awardee under one household shall be considered as belonging to such one family
household constituting a single qualified beneficiary, except those falling under the
preceding paragraph (c).

d) Collectives or cooperatives of the above beneficiaries.

Awardees of Certificates of Stewardship Contract under Proclamation No. 585,
Letter of Instruction No. 1260 and DENR Administrative Order No. 97 dated
December 29, 1988 who have sold, disposed of, or abandoned the lands allotted to
them in violation of the foregoing issuances and their transferees, whether actual


occupants or not at the time of effectivity of this Act, are disqualified to become
beneficiaries under this section of this Act.

An actual occupant of any land embraced in this Act, awardee of a Certificate of
Stewardship Contract, or any former participant of the Integrated Social Forestry
Program who fails to qualify as beneficiary under of this Act, shall be entitled to a fair
compensation for all permanent improvements introduced by him on the land based on
the fair market value of such improvements at the time of assessment as assessed by a
government assessor.

2) In reference to paragraph (c) of Section 2 of this Act, and in addition to the provision of
Section 16 of Republic Act No. 7279, the following shall be deemed beneficiaries
thereof :

a) Must be a bona fide resident of the City of Antipolo for at least two (2) years prior to
the effectivity of this Act; and,

b) Must not have been a previously delinquent beneficiary of any housing program of
the government.

Provided, that actual occupants of the land who are transferees but are disqualified
under the preceding paragraph (1) may be considered as beneficiaries under this
paragraph if they meet the qualifications herein provided for.

SECTION 5. - Transferability of Purchased and Awarded Lands — Lands acquired by
beneficiaries under this Act may not be sold transferred or conveyed except through hereditary
succession, in favor of the government, or to other qualified beneficiaries, for a period of ten
(10) years from the date of the award of the Certificate of Land Ownership (CLOA) or issuance
of the patent as the case may be: Provided , that the transfer of the land to other qualified
beneficiaries shall be by the appropriate government agency in accordance with this Act. Any
sale or disposition made in violation hereof shall be null and void.

SECTION 6. -  Suppletory Application of Existing Legislations - The provisions of
Commonwealth Act No. 141, Republic Act No. 730, Republic Act No, 6657 as amended,
Republic Act No, 7279, and other laws not inconsistent with this Act, whenever applicable, shall
have suppletory effect.

SECTION 7. - Implementing Rules and Regulations - Within ninety (90) days from
the effectivity of this Act, the Secretary of the Department of Agrarian Reform, the Department
of Environment and Natural Resources and the National Housing Authority shall promulgate the
rules and regulations necessary for the effective implementation of this Act. The City
Govemment of Antipolo shall also be consulted in formulation of the rules and regulations
respecting the establishment of the government center.


SECTION 8 - Transitory Provision - Awardees of the Certificates of Stewardship
Contracts under Proclamation No. 585 shall continue to discharge their responsibilities as
Program participants under DENR Administrative Order No. 97 until after the disposition of the
lands covered by their respective contracts under this Act: Provided, that such dispositions
shall be completed within three (3) years from the effectivity of this Act; Provided further, that
‘occupants of the lands covered by this Act who do not qualify as beneficiaries hereof shall be
relocated after being given due notice and an opportunity to participate in the identification of
their relocation sites.

SECTION 9. - Repealing Clause - Prociamation No. 585 issued on June 5, 1990, and
alll other laws, decrees, executive orders, rules and regulations, issuances, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

SECTION 10. - Separability Clause -  |f any provision of this Act be declared
unconstitutional or invalid, the other parts hereof shall remain in full force and effect.

SECTION 11. -  Effectivity Clause - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved.