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‘SIXTEENTH CONGRESS ) 3 HF E bin 5
REPUBLIC OF THE PHILIPPINES ) DATE: -

First Regular Session ) .

HOUSE OF REPRESENTATIVES KS

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3812

EXPLANATORY NOTE

Article II! of the Constitution provides:

“Section 1. No person shail be deprived of life, liberty,
or property without due process of law, nor shall any person be
denied the equal protection of the laws.”

“Section 9. Private property shall not be taken for public
use without just compensation.”

The Universal Declaration of Human Rights (UDHR) of 10 December 1948 also
provides

“Aticle 17.1. Everyone has the right to own property alone as
well as in association with others.

‘Article 17.2, No one shall be arbitrarily deprived of his
property.”

Considering the importance of people's right to property, any action on the part of the
government which would otherwise deprive or restrict the property right of the people should
be carefully studied,

This bill seeks to protect the people's right to own property by requiring the
government to conduct private property taking impact analyses before taking the action.
Hence, the immediate passage of this bill is earnestly sought.

RUFYS B, RODR\GUEZ

MAXIMO B. RODRIGYEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3812

EXPLANATORY NOTE

Article III of the Constitution provides:

“Section 1. No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be
denied the equal protection of the laws.”

“Section 9. Private property shall not be taken for public
use without just compensation.”

The Universal Declaration of Human Rights (UDHR) of 10 December 1948 also
provides

“Article 17.1. Everyone has the right to own property alone as
well as in association with others.
‘atticle 17.2. No one shall be arbitrarily deprived of his

property.”

Considering the importance of people's right to property, any action on the part of the
government which would otherwise deprive or restrict the property right of the people should
be carefully studied

This bill seeks to protect the people's right to own property by requiring the
government to conduet private property taking impact analyses before taking the action

Hence, the immediate passage of this bill is eamnestly sought,

RUFUS 8, RODR|GUEZ

PIG

MAXIMO B. RODRIGYEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

3812

House Bill No.

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
2014.”

SECTION 2, Statement of Policy. - The policy of the State 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) A statute, 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) An action 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
conceming a planned proposed local activity that regulates private property,
regardiess 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.

(E) 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. Alternatives 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. Separabitity 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,