Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

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SIXTEENTH CONGRESS
First Regular Session

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HOUSE BILL No.1 1.27

Introduced by HON. FLORENCIO C. GARAY

EXPLANATORY NOTE

Section 4, Article XIII of the 1987 Constitution gives to landless farmers
and regular farm workers the right to own the lands that they till, so that they may
at last “be released not only from want but also from the exploitation and disdain
of the past and from feelings of inadequacy and helplessness.” (Association of
Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, 175
SCRA 343).

Pursuant to this constitutional mandate, this bill seeks to re-classify a
developed portion of forest land in the municipalities of Hinatuan, Lingig and
Tagbina, Province of Surigao del Sur, formerly under concession with Paper
Industry Corporation of the Philippines (PICOP), into alienable and disposable
land of the public dumain, for its eventual distribution to bona fide and long-term
farmers/occupants.

Although the subject land is a forest land, farmers have been occupying
the land and planting vegetables, fruit trees, bananas and root crops and even
raising livestock thereon for decades, effectively converting what was once forest
into fertile land. They have become stewards of the land, nurturing the soil as
they would their own children, watering the soil with their very blood and sweat.

The re-classification of this land into alienable and disposable agricultural
land and the recognition of the rights of its farmers-settlers will promote genuine
agrarian reform and advocate social justice.

In view of its national and local importance, the approval of this bill is

earnestly sought. 4 y
er Be ya



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1127

HOUSE BILL NO.

Introduced by HON. FLORENCIO C. GARAY

AN ACT
TO RECLASSIFY A DEVELOPED PORTION OF FOREST LAND UNDER
CONCESSION WITH PICOP, LOCATED IN THE MUNICIPALITIES OF
HINATUAN, LINGIG AND TAGBINA, PROVINCE OF SURIGAO DEL SUR,
INTO ALIENABLE AND DISPOSABLE LAND OF THE PUBLIC DOMAIN FOR
THE PURPOSE OF DISTRIBUTING THE SAME TO BONA FIDE AND LONG-
TERM FARMERS/OCCUPANTS THEREOF, AND FOR OTHER PURPOSES

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

SECTION 1. The portion of forest land within the concessional area of
Paper Industry Corporation of the Philippines (PICOP), in the Municipalities of
Hinatuan, Lingig and Tagbina, Province of Surigao del Sur, which is actually tilled
and occupied by farmer-settlers, is hereby reclassified and declared as alienable
and disposable land of the public domain.

SECTION 2. The aforementioned land shall be distributed in ownership to
bona fide and long-term farmers/occupants thereon, but the existing creeks in the
same area shall be given in usufruct to their respective municipalities; Provided,
That the said bona fide and long-term farmers/occupants may manage and
develop the said creeks upon payment by them of reasonable compensation to
the municipality concerned;

SECTION 3. The scheme of distribution of the land, including the
identities of the bona fide and long-term farmers/occupants thereon, shall be
prepared by a Committee which shall be composed of the following: a
representative of the Department of Environment and Natural Resources as
Chairman, a representative of the Depertment of Agrarian Reform as Vice-
Chairman, the Mayors of the Municipalities of Hinatuan, Lingig and Tagbina, the


Head of the farmers’ organization, and the Provincial Director of the Philippine
National Police as Members. The scheme of distribution shall include the
technical description of each lot pertaining to each of the farmers/occupants,
following the boundaries of existing integrated social forestry stewardship and/or
similar contracts that may have been awarded in their favor; Provided, That said
scheme of distribution shall be as equitable as possible without gross disparities
among the awardees.

Conflicts shall be decided by the Committee after due hearing, appealable
to the Department Secretary under whose jurisdiction the issue involved falls.
The Secretary's decision or order on appeal may be subject of a petition for
review by the Office of the president within fifteen (15) days from promulgation of
notice of the decision appealed from; Provided, That said petition for review shall
be decided within thirty (30) days after receipt thereof; otherwise, the decision or
order appealed from shall be deemed ratified and final.

SECTION 4. Once the scheme of distribution is approved by the
Committee, the Department of Environment and Natural Resources shall give the
technical descriptions, survey maps and similar documents to the DAR, which
shall undertake the actual distribution of the land under the principles of agrarian
reform and the applicable provisions of the Comprehensive Agrarian Reform Law
and other related laws.

SECTION 5. The existing creeks in the area shall be plotted,
surveyed and segregated from the other portions of the area by the DENR, and
shall be given in usufruct to the Municipalities of Hinatuan, Lingig and Tagbina.
The Mayor of the concerned municipality and the Head of the organization of the
farmer-beneficiaries shall meet to discuss and determine the reasonable
compensation to be paid to the City for the management and development
thereof by said beneficiaries. In case of disagreement, the Head of the DENR
Regional Office shali decide.

SECTION 6. This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.

Approved,