Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL No. 2000

Introduced by Honorable Neptali M. Gonzales II

EXPLANATORY NOTE

Article XIII, Sec. 9 of the 1987 Constitution on Social Justice and Human Rights
dizects the State to undertake 1 continuing program of urban land reform and housing that
will provie« inexpensive but decent housing and basic services to homeless Filipinos in
urban and cese:tlement areas.

In fulfitment of this constitutional mandate, Congress enacted RA 7279, «sherwise
known as the Urban Development and Housing Act of 1992. This law provided for the
rehabilitation «nd development of blighted and slum areas and resettlement only if on-site
development is not feasible. Section 26 of RA 7279 emphasized that “on-site development
shall be implemented whenever possible in order to ensure minimum movement of occupant
of blighted iands and slum areas.”

Subsequently, RA 9397 was enacted amending the Urban Development and Housing
Act of 1992. The approval of RA 9397 addressed the need of the organized urban poor us
lands owtie by the national government, local government units, government age +
instrumentslities for security in land tenure and ownership by allowing purchase rh
direct negoriated sale to occupants without need of public bidding subject to several
conditior

ies and

Sire the early 2000s, occupants-informal settlers in Welfareville, Mandaluyong,
have orgavtized themselves in their bid for a chance to purchase the lots they hav resided in
for so man’ years. The Welfareville property in Mandaluyong City was set aside hy the
government ir. 1925 for the establishment of welfare institutions. It consists of
approximately 30 hectares of land portions of which are occupied by informal settlers. When
RA 9397 became effective in 2007, organized Welfareville residents petitioned the
Mandaluyong ‘ocal government and the office of the President for a chance to acyuire by
purchase through installment the lots on which their houses stand on. A stumbling block
however to this aspiration is Republic Act 5260 entitled, “An Act Authorizing a Committee
Composed of the Administrator of the Social Welfare Administration, the Auditor General
and the Secretary of the Department of General Services to sell the Welfareville Property
located in the Municipality of Mandaluyong, Province of Rizal, and for other Purposes.” RA
5260 requives the sale of the Welfareville Property be conducted through public billing.


This bill seeks to amend RA 5260 by allowing the sale of the Welfareville property,
except the areas occupied by the National Center for Mental Health and the Correctional
Institution for Women, by direct negotiated sale to the organized and residents therein and
without public bidding, The bill if enacted into law will not contradict the intent and
purpose of RA 5260 which is to utilize the proceeds of the sale of Welfareville for the
establishment of children’s home institutions and provision of community services for
children. The bill is consistent with RA 9397 which allows direct negotiated sale without
public bidding to actual occupants lands owned by the government. Moreover, the bill
ensures the minimum movement of informal settlers and least disturbance of their rights
pursuant co the mandate of 1987 constitution and the Urban Development and Housing Act
of 1992

In the light of the foregoing, immediate approval of this bill is earnestly sought.

NEPTALI M. GONZALES IL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL No.__ 2000 _

Introduced by Honorable Neptali M. Gonzales II

AN ACT
DECLARING CERTAIN PORTIONS OF THE WELFAREVILLE
PROPERTY LOCATED IN THE CITY OF MANDALUYONG OPEN
FOR DISPOSITION TO BONA FIDE RESIDENTS WITHOUT
PUBLIC BIDDING AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Declaration of Policy. ~ It is hereby declared the policy of the State
to secure the ‘and tenure of the urban poor. Pursuant to Sections 9 and 10 of Article XIII of
the Constitution and Republic Act No. 7279, also known as the “Urban Development and
Housing Act of 1992", certain portions of the Welfareville property owned by the national

government in the City of Mandaluyong shall be utilized for socialized housing.

. 2. Direct Negotiated Sale Without Public Bidding of the Welfareville
Property. - The Welfareville property, except the areas occupied by the National Center
for Menta! Health (NCMH) and the Correctional Institution for Women (CIW), is hereby
declared alienable and disposable and shall be sold through direct negotiated sale to bona fide
residents therein without public bidding: Provided, That the applicable conditions provided
under Section 12 of Republic Act No. 7279, as amended, shall be complied with: Provided,
also, That the determination of bona fide residents shall be based on the census verification
survey conducted by the Welfareville Commission of the Local Government of the City of

Mandaluyong in 2003 or on continuous residency or ownership of residential structures for at


least ten (10) years before the effectivity of this Act as certified by the barangay chairperson
concemed and the local government of the City of Mandaluyong: Provided, further, That
persons or families classified as bona fide residents in the NCMH and CIW areas for having
been included in the census verification survey of 2003 or who have continuously
maintained residence or owned a residential structure in these areas for at least ten (10)
years prior to the effectivity of this Act as certified by the barangay chairperson and the local
government of the City of Mandaluyong, shall be allowed to purchase lots within the
disposable and alienable portion of the Welfareville property, also through direct negotiated
sale without public bidding: Provided, furthermore, That a nonnegotiable condition of the
sale to bona fide residents therein shall be annotated on their titles to the effect that, except
for testate or intestate succession, the residents cannot assign, sell, convey or dispose of their
rights to any party within a period of twenty (20) years from the date of purchase: Provided,
finally, That the proceeds of the sale shall be exclusively used and expended in accordance
with Sect‘on 2 of Republic Act No. 5260, otherwise known as “An Act Authorizing a
Committee Composed of the Administrator of the Social Welfare Administration. the

Auditor General and the Secretary of the Department of General Services to Sell the

Welfareville Property Located in the Municipality of Mandaluyong, Province of Rizal, and
for Other Purposes”

SEC. 3. Cadastral Survey. ~The Bureau of Lands shall undertake a cadastral survey
of the disposable and alienable portions of the Welfareville property referred to in this Act
for the purpose of determining the actual boundaries of said area. The Bureau shall also
submit its report to the Welfareville Trustee Committee

SEC. 4. Trustee Committee. — There is hereby created a Trustee Committee to be
composed of the Secretary of the Department of Social Welfare and Development as the

Chairperson, the Secretary of the Department of Environment and Natural Resouces, the

Chairperson of the Presidential Commission for the Urban Poor, the Representative of the


Lone District of the City of Mandaluyong, the Mayor of the City of Mandaluyong, the
Chairperson of the Housing and Urban Development Coordinating Council, and ewo (2)
representatives from the duly recognized people’s organizations, as members thereof. The
representatives of the duly recognized people's organizations shall be appointed by the
Chairperson of the Trustee Committee upon the recommendation of the organization they
represeni.
SEC. 5. Powers and Functions of the Trustee Committee. — The Trustee

Committee shall have the following powers and functions:

1. Todetermine the bona fide residents based on the census verification

survey conducted by the Welfareville Commission of the Local

Government of the City of Mandaluyong in 2003;

2. To formulate a schedule of implementation of the sale;

3. To supervise the sale except the areas occupied by the NCMH and
CIW; and

4. To administer the proceeds of the sale and its utilization.

SEC. 6. Implementing Rules and Regulations. — The Trustee Commitee shall
formulate and promulgate the rules and regulations to effectively implement the provisions
of this At within sixty (60) days from the effectivity of this Act.

SEC. 7. Appropriations. — The amount necessary for the operations of the Trustee
Commirtee shall be included in the budget of the Department of Social Welfare and
Developrient in the annual General Appropriations Act.

SEC. 8. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue to be in full

force and effect.


SEC. 9. Repealing Clause. — Section 1 of Republic Act No. 5260 and all laws,
decrees, orders, rules and regulations, issuances, or parts thereof which are inconsistent with
any of the provisions of this Act are hereby repealed, amended, or modified accordingly.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,