Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1391

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROTECTING PRIVATE PROPERTY RIGHTS BY REQUIRING
GOVERNMENT AGENCIES TO PREPARE PRIVATE PROPERTY
TAKING IMPACT ANALYSIS

EXPLANATORY NOTE

The Constitution, in particular Article Il, Section 9, clearly states that
private property shall not be taken for public use without just compensation. As
we are all aware, private property plays an instrumental role in the country's
economic and social well-being. Thus, even agency actions which merely restrict
the use of private property and results in the diminution of its value, should
constitute a taking of that property and should be properly compensated.

The proposed bill seeks to protect private property rights by requiring
government agencies to prepare private property impact analyses before said
property is taken for public use. This is important to guide agency actions,
including regulations, not to overstep the clear boundaries set by the Constitution
concerning private property.

In view of the foregoing, the immediate passage of this measure is
earnestly sought.

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DIOSDADO -APAGAL ARROYO GLORIA M. GAL ARROYO
Second District, Camarines Sur Second istrict, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1391

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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 2013.”

SECTION 2. Statement of Policy. - The policy of the government 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) Asstatute, 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

(0) “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) Anaction in which the power of eminent domain is formally exercised;

(2) Anaction 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
concerning a planned proposed local activity that regulates private
property, regardless 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. Separability 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,