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S.B. """"'B 
No. 
Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
This bill seeks to reaffirm the legal principle that Congress is the constitutionally 
delegated repository of legislative power and that this power cannot be exercised by any other 
department or branch of the Government without a categorical empowerment to that effect, 
which must be circumscribed in its exercise by the reasonably clear standards set by Congress 
for the guidance of its deputy-under 
the Latin maxim that now reads "Potestas delegate non 
delegari potest." 
It should not require the force of logic to posit that real properties, situated here or 
abroad, owned by the Government, the market value of which is at least Fifty Million 
(P50,000,000.00) cannot be reclassified or disposed without the consent of the Government, 
more specifically Congress, which is the country's policy making body. Such consent may be 
given on a case-to-case basis, if there is no law embodying a general policy on the subject. 
Our statute books do not reveal any law governing the reclassification and disposition of 
government-owned properties which fact leaves the question of their disposition to general 
principles of law such as the nature off State properties in Roman and Common Law, the 
absence of course of a national policy has opened the door to the assertion of conflicting 
prerogatives -based on le@l fiction such as the power lodged in the board of a corporate entity. 
This is the reason why real properties of government corporations can presently continue to 
reclassify and dispose the government properties without the need to secnre the approval of any 
authority save that of its own board. 
This bill seeks to correct this anomaly by providing that all real properties, situated here 
or abroad, owned, by the Government, the market value of which is at least Fifty Million 
(P50,000,000.00) pesos may be reclassified or disposed with the consent of Congess pursuant to 
a general policy embodied in law. 
The need for congressional approval before government properties situate here or 
abroad can be reclassified and disposed will hopefully eliminate, if not lessen whatever 
controversy that may arise from said reclassification or disposition. 
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This bill is a product of the public hearings conducted by the Committee on 
Constitutional Amendments, Revision of Codes and Laws during the loth Congress. 


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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
REQUIRING CONGRESSIONAL APPROVAL IN THE RECLASSIFICATION AND 
DISPOSITION OF REAL PROPERTIES OF THE NATIONAL GOVERNMENT 
Be it eaacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Statement of Policy. - It shall be the policy of the State to regulate the 
reclassification and disposition of real properties of the National Government. The State shall 
enact laws which will ensure that the reclassification and disposition of real properties will be for 
the best interest of the Filipino people. 
SECTION 2. National Government. - For purpose of this law, National Government 
refers to the entire machinery of the central government, as distinguished from the different 
forms of local government. It shall include any of the various units of the Government, 
including a department, bureau, office instrumentality, or government-owned or controlled 
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SECTION 3. Congvessional Approval - All real properties, situated here or abroad 
owned by the Government, the market value of which is at least Fifty Million Pesos 
(P50,000,000.00) 
shall not be reclassified nor disposed of in any manner unless ther is a law 
enacted by Congress authorizing such reclassification and disposition. Real propertie , situated 
here and abroad, owned by the National Government, the market value ofwhich is less han Fifty i 
Million Pesos (P50,000,000.00) 
may be reclassified and disposed of by the proper g&emment 
agency upon the approval of the President. 


SECTION 4. Public Bidding. - All real properties shall be disposed of in accordance with 
the rules on public bidding. 
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SECTION 5. Official Authorized to Convey Proper& - Whenever real property of the 
Government is authorized by law to be conveyed, the deed of conveyance shall be executed in 
behalf of the Government by the following. 
(1) For property belonging to and titled in the name of the Republic of the Philippines, by 
the President, unless the authority therefore is expressly vested by the law 
(2) For property belonging to the Republic of the Philippines but 
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political subdivision or of any corporate agency or instrumentality, by 
agency or instrumentality. 
SECTION 6. Contents of Regu'est for Congressional Approval. - The request for 
congressional approval shall contain the following information: 
(1) The nature, use, location, land area, and market value of the property to be 
reclassified or disposed of; 
(2) The underlying purpose for the reclassification or disposition; and 
(3) The proposed terms and conditions pertaining to its reclassification or disposition. 
SECTION 7. Disclosure of Red Properties. - All agencies of the National Government 
shall submit a summary of all real properties to the Office of the President and both Houses of 
Congress within six mouths from the effectivity of this Act. 
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SECTION 8. Reportorial Requirement. - The agency authorized to dispose of the real 
property shall submit a report on the sale within sixty (60) days from the sale to the President and 
both Houses of Congress 
SECTION 9. Penalty. - Any public official who violates any of the provisions 
or its implementing rules and reguiations shall suffer the penalty of prision 


minimum period with the accessory penalty of permanent special di4lyualificatibh without 
prejudice to prosecution under Republic Act. No. 3019 and other laws. 
Any public officer may be allowed to resign or retire pending an investl&tion, criminal 
or administrative, or pending a prosecution against him for any offense under this Act or its 
implementing rules but the benefits due or owing such official shall be withheld. 
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SECTION 10. Effect on Subsequent Dispositions. - Future contracts entered into in 
violation of this law shall be null and void. 
SECTION 11. Separubzlity Clause - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not 
valid and subsisting. 
SECTION 12. Hepealing Clmse. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 13. Effectzvzv Clause - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
FN: 917 
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