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Republic of the Philippines
Bouse of Representatives

Queson City, Metro Manila REEISTRATION UNIT

BULLS AND INDEX SERVICE

Seventeenth Congress

First Regular Session

1343

House Bill No.

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 areas are located 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 the passage of time, 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
‘pounded 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

This bill seeks to declare certain parcels of land of the public domain covered
by Proclamation No. 585 situated in barangay San Jose, Antipolo City, as
agricultural lands and have the same declared open for disposition 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 purpose under Republic Act no. 6657 or the Comprehensive
Agrarian Reform Law;

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

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

4) For the establishment of a government center.

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

The proposed measure was initially filed in the 15" Congress and was
approved by the Committee on Natural Resources. However, it failed to pass
plenary deliberations due to lack of material time. This representation re-filed the
bill in the 16" Congress with refinements introduced by the Forest Management
Bureau (FMB) of the DENR pertaining to the coverage of the bill relative to


hazardous areas and forestlands found therein. On that occasion, the bill was
approved on Third Reading by the House of Representatives, as well as by the
Committee on Environment and Natural Resources of the Senate which reported out
the measure under Committee Report No. 376. However, the Senate still failed to
seasonably act on the measure. It is hoped that the proposed measure will be
finally enacted into law in the current 17" Congress.

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



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Republic of the Philippines
Douse of Representatives
Quesou City, Metco Manila

Seventeenth Congress

First Regular Session

1343

House Bill No.

Introduced by HON. ROMEO M. ACOP

AN ACT
DECLARING AS AGRICULTURAL LAND CERTAIN PARCELS OF LAND OF
THE PUBLIC DOMAIN EMBRACED BY PROCLAMATION NO. 585
SITUATED IN BARANGAY SAN JOSE IN THE CITY OF ANTIPOLO,
PROVINCE OR RIZAL, AND DECLARING THE SAME OPEN TO.
DISPOSITION

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

SECTION 1. - Coverage - The parcels of land of the public domain
located in Barangay San Jose in the City of Antipolo, Province of Rizal,
identified as Integrated Social Forestry Area under Proclamation No. 585
dated June 5, 1990, are hereby declared agricultural land 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 :


Beginning at a point marked °1’ on map, being S 42°54’9"W, 1127.935
meters from RZL-34 (PRS ‘92 Control Point Latutude 14°38'0.121 Longitude
121°13’51.163), situated in the City of Antipolo, Province of Rizal.

BEARING DISTANCE CORNER
Thence .N14°54'9”W —-1127.935 meters to corner 2;
Thence N74°6'26"E 475.372 meters to corner 3;
Thence .N.17°19'14”W_ 252.337 meters to corner 4;
Thence $81°13’49”W 387.217 meters to corner 5;
Thence —_ N 32°25'46” W_ 603.249 meters to corner
Thence N36°5’6”W —538.81 meters to corner
Thence —-N 23°30'38”E 842.911 meters to corner
Thence N16°7'2”W 513.784 meters to corner 9;
Thence = N.4°7°38"E 423.811 meters to corner 10;
Thence —_ N 69°23'37"E 450.011 meters to corner 11;
Thence $ 9°18’55"W 703.041 meters to corner 12;
Thence $59°6'19"E 188.083 meters to corner 13;
Thence .N13°39'11"E 450.342 meters to corner 14;
Thence N 59°37’55”E 289.868 meters to corner 15;
Thence $51°42'19"E 328.379 meters to corner 16;
Thence NN 24°24'48"E 434.368 meters to corner 17;
Thence S$ 80°58’5"E —‘ 118.691 meters to corner 18;
Thence $$ 19°33'18"E__- 269.305 meters to corner 19;
Thence $7°10’'37”W 232.308 meters to corner 20;
Thence $68°32'8"E 141.926 meters to corner 21;
Thence —-N.39°55'47”E 545.994 meters to corner 22;
Thence $ 38°54’45”E 705.61 meters to corner 23;
Thence S$ 15°23'7”"E 562.009 meters to corner 24;
Thence S$ 13°37’54” W_ 432.231 meters to corner 25;
Thence S$ 86°30’22”W —-258.276 meters to corner 26;
Thence S$ 40°23'7"W_ 346.292 meters to corner 27;
Thence S$ 67°45'40"W 334.946 meters to corner 28;
Thence $9°50’45"E 690.251 meters to corner 29;
Thence — S. 47°40'46”" W 359.944 meters to corner 30;
Thence S$ 31°53’54”E 397.178 meters to corner 31;
Thence S$ 30°51’40”W_— 1401.609 meters to corner 32;


Thence N 37°24'14" W 423.053 meters to corner 1; the
point of beginning, containing an area of SIX HUNDRED FIFTY AND 22/100
(650.22) hectares, more or less, subject to actual ground survey and
delineation.

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

a) Agricultural Purpose - The Department of Agrarian Reform (DAR)
shall distribute certain parcels of land embraced in this Act for
agricultural purpose in accordance with Republic Act No. 6657, as
amended, otherwise known as ‘The Comprehensive Agrarian Reform
Law of 1988’: 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 Purpose - The Department of Environment and Natural
Resources (DENR) shall dispose certain parcels of land embraced in
this Act for residential purpose 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’;

c) Socialized Housing Purposes - The National Housing Authority
(NHA) shall dispose certain parcels of lands embraced in this Act for
socialized housing purpose in accordance with Articles IV (Land Use,
Inventory, Acquisition, and Disposition) and V (Socialized Housing) of
Republic Act No. 7279, otherwise known as ‘The Urban Development
and Housing Act of 1992’; and,

d) Government Center Reservation Purposes - The DAR and the
DENR, in consultation with the City Government 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 of a government center which shall house offices and


instrumentalities of the City Government and local offices of the
various national government agencies.

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

a) Sixty percent (60%) for agricultural;

b) Twenty percent (20%) for residential;

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

The DENR shall continue to maintain as forestlands such parcels of land not
covered by Section 1 of this Act.

SECTION 3.- Land Survey - Prior to the disposition of the lands
embraced in this Act, the 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 survey
team shall be subject to the approval of the Secretary of the DENR, the
Secretary of the DAR and the General manager of the NHA.

SECTION 4. - Beneficiaries - (a) For lands intended for agricultural
and residential purposes, the following shall be deemed beneficiaries in
accordance with the following priority :

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

(2) Those who are awardees of CSCs 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 CSCs have not been revoked prior to the
effectivity of this Act; and,


(3) Those who are not awardees of CSC 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; 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.

Awardees of CSCs 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 Act. An
actual occupant of any land embraced in this Act, awardee of a CSC, or
any former participant of the Integrated Social Forestry Program who
fails to qualify as beneficiary under this Act, shall be considered to
become a beneficiary of the socialized housing program as provided for
under this Act: Provided: That if such person still fails to qualify as
beneficiary of the socialized housing program, such person shall be
entitled to a fair compensation for all permanent improvements
introduced on the land being occupied based on the fair market value
of such improvements as assessed by a government assessor.

(b) For lands intended for socialized housing program, the following shall be
deemed beneficiaries, in addition to the provision of Section 16 of
Republic Act No. 7279, Eligibility Criteria for Socialized Housing Program
Beneficiaries :

(1) 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,

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


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 Secretaries of the DAR
and the DENR and the General Manager of the NHA shall promulgate the
rules and regulations necessary for the effective implementation of this Act.
The City Government of Antipolo shall also be consulted in the formulation of
the rules and regulations with respect to the establishment of the
government center.

SECTION 8 - Transitory Provision - Awardees of the CSCs 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. - Separability Clause - If any provision of this Act is
declared unconstitutional or invalid, the other parts hereof shall remain in
full force and effect.


SECTION 10. - Repealing Clause - Proclamation No. 585 issued
on June 5, 1990, insofar as the coverage of this Act is concerned, is hereby
modified accordingly, and all 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 11. - Effectivity Clause - This Act shall take effect

fifteen (15) days after publication in the Official Gazette or in a newspaper of
general circulation.

Approved.