“HOUSE OF REPRESENTATIVES
RECEMVED
pare 18 JUL 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES |
Quezon City

SEVENTEENTH CONGRESS, .
First Regular Session RH SPATON UNIT

Bt NANI INGER SERVICE

House Bill No, 1639)

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

EXPLANATORY NOTE

Land reclamation is the gain of land from the sea, or wetlands, or other
water bodies, and restoration of productivity or use to lands that have been
degraded by human activities or impaired by natural phenomena (Glossary
of Environment Statistics, Studies in Methods, Series F, No. 67, United Nations,
New York, 1997). It is resorted to by governments with geographically small
land areas in order to provide additional physical space to accommodate
their housing, industrial and economic needs.

The Philippines is no stranger to land reclamation, During President
Carlos P. Garcia's administration the reclamation of foreshore lands by
chartered cities and municipalities was authorized. Former President
Ferdinand —. Marcos pursued the policy of land reclamation through
Presidential Decree No. (PD) 1084 which created the Public Estates Authority
(PEA). The succeeding administrations also recognized the need to provide a
coordinated, economical and efficient administration of lands and real
estate, especially reclaimed lands, belonging to, managed and/or operated
by the government by the issuance of Executive Orders that amended the
PEA Charter, Thus, PEA became the current Philippine Reclamation Authority
(PRA).

This policy on land reclamation was further affirmed when Republic Act
No. (RA) 7180, otherwise known as the Local Government Code of 1991was
enacted into law. Paragraph (b) (3) (vil, Section 17, Chapter 2, Title 1, Book |
of, states that among the basic services and facilities devolved to a province
is the provision of "[llinfrastructure facilities intended to service the needs of
the residents of the province and which are funded out of provincial funds
including, but not limited to, provincial roads and bridges; inter-municipal
waterworks, drainage and sewerage, flood control, and irrigation systems;
reclamation projects; and similar facilities" (emphasis supplied).


This proposed legislation, therefore, seeks to give flesh on the provision
of the Local Government Code by empowering provincial governments to
undertake and administer land reclamation they may deem necessary in
their area of jurisdiction that are consistent with public interest.

In view of the foregoing, immediate approval of this bill is earnestly
recommended.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 163.)

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

AN ACT
EMPOWERING PROVINCIAL GOVERNMENTS TO ADMINISTER LAND.
RECLAMATION IN THEIR AREA OF JURISDICTION, MAXIMIZE THEIR UTILIZATION
AND PROVIDE FOR THEIR DEVELOPMENT CONSISTENT WITH PUBLIC INTEREST
AND FOR OTHER PURPOSES

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

SECTION 1. In consonance with Paragraph (b) (3) (vi, Section 17,
Chapter 2, Title 1, Book | of Republic Act No. (RA) 7160, otherwise known as
the Local Government Code of 1991, provincial governments, through their
local sanggunians, are hereby empowered, at their own expense and in
consultation with the Philippine Reclamation Authority (PRA), to:

(a) Reclaim land, including foreshore and submerged areas, by dredging,
filling or other means, or to acquire reclaimed land;

(b) Develop, improve, subdivide, dispose, lease and sell any and alll kinds of
buildings, estates and other forms of real property constructed within the
reclaimed area; and

(c) Provide for, operate or administer such services as may be necessary for
the efficient, economical and beneficial utilization of the above
properties.

SEC. 2. The provincial governments shall create, through their
respective sanggunians, the appropriate body that shall take charge of the
reclamation project and maximize utilization of and provide for the
development of the reclaimed land consistent with public interest.

SEC. 3. For the purpose of this reclamation, provincial goveriments are
hereby authorized to contract indebtedness with any person, association,


corporation, or lending institution under such rules and regulations as their
respective sanggunians may prescribe. Upon proper application, a
provincial government may, for the same purpose, likewise issue bonds in
such amounts and under such terms and conditions as may be fixed by the
Secretary of Finance. Such bonds shall be guaranteed by the Government of
the Philippines and their issue, servicing and liquidation shall be undertaken
by the Central Bank of the Philippines.

SEC. 4. Any and all lands reclaimed, as herein provided, shall be the
property of the respective provincial governments which shall register the
same through a special patent with the Land Registration Authority.

SEC. 5. Provincial governments may put up for sale or lease the lands
reclaimed, any and all kinds of buildings, estates and other forms of real
property constructed within the reclaimed area as herein provided under
such rules and regulations as their respective sanggunians may prescribe. All
proceeds derived from such sale or lease, shall be credited to a special fund
which shall accrue in the first instance to the sinking fund hereafter provided.
Any balance thereof in excess of periodic sinking fund requirements shall be
avaliable for other permanent public improvements of the province.

Section 6. Upon application by a province to issue bonds, the
Secretary of Finance, shall determine the borrowing and paying capacity of
the applicant, the amount of the issue that may be authorized, and, in
consultation with the Monetary Board of the Central Bank of the Philippines,
the form, rate of interest, and redemption of said bonds. In the redemption of
these bonds the Secretary of Finance may apply the lottery principle by
which bonds, drawn by lot, may be redeemed before maturity.

Section 7. All laws contracted, and bonds issued, under this Act shall
be payable, both as to the principal and interests, in Philippine currency or in
the currency in which the principal has been originally received, which fact
shall be acknowledged on the face of the note or cerlificate accomplished
therefor, free from any tax or other public impost arising from currency
conversion, any existing law to the contrary notwithstanding.

Section 8. Bonds issued under this Act shall be exempt from taxation,
which fact shall be stated on the face of the certificates which shall be issued
in accordance with this Act.

Section 9. Should the receipts accruing under Section 4 be insufficient
to service adequately bonds issued under this Act, the sinking fund deficiency
shall be made good by the general funds of the province in such manner
that the annual contribution shall be sufficient to redeem at maturity the
bonds issued under this Act. The sinking fund shall be under the custody of the
Central Bank of the Philippines which shall invest the same in such manner as
tine Monetary Board shall approve.


SEC. 10. Repealing Clause. All other laws, rules and regulations
inconsistent with this Act are hereby repealed, amended or modified
accordingly.

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

Approved,