REPUBLIC OF THE PHILIPPINES:
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5986

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

EXPLANATORY NOTE

The local government units are granted the inherent power of the State of eminent domain. It
affirms that local government units may expropriate lands for the implementation of land
reforms and housing programs. However, the process of expropriation has been a slow
process for the government to acquire lands for socialized housing to provide land for the
homeless and poor. It has also proven burdensome for local government units to assert its
function due to delays and ambiguities in the law and judicial process.

This measure seeks to strengthen and streamline the right of the government to expropriate
lands for purposes of socialized housing. This bill also aims to empower local government
units to classify and prioritize particular areas appropriate for socialized housing in
accordance with pertinent expropriation laws and the Constitution

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

MANUED ABOCHAN III
Representati
Magdalo Para Sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5986

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG, CABOCHAN II

AN ACT
STRENGTHENING THE RIGHT OF GOVERNMENT TO EXPROPRIATE LANDS
FOR SOCIALLIZED HOUSING AMENDING FOR THE PURPOSE SECTIONS 9, 10
AND 11 OF REPUBLIC ACT NO. 7279, OTHERWISE KNOWN AS THE “URBAN
DEVELOPMENT AND HOUSING ACT OF 1992”

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

SECTION 1. Section 9 of Republic Act No. 7279 is hereby amended to read as
follows:

“SEC. 9. [Priorities in the] Acquisition of Land FOR SOCIALIZED HOUSING. —
[Lands for socialized housing shall be acquired in the following order] THE
FOLLOWING LANDS MAY BE ACQUIRED FOR SOCIALIZED HOUSING:

(a) Those owned by the Government or any of its subdivisions, instrumentalities,
or agencies, including government-owned or controlled corporations and their
subsidiaries;

(b) Alienable lands of the public domain;

(c) Unregistered or abandoned and idle lands;

(d) Those within the declared Areas for Priority Development, Zonal
Improvement Program sites, and Slum Improvement and Resettlement
Program sites which have not yet been acquired;

(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which
have not yet been acquired; and

(f) Privately-owned lands.

[Where on-site development is found more practicable mentioned in this section shall
not apply. The local government units shall give budgetary priority to on-site
development of government lands.]

THE POWER TO IDENTIFY AND TO PRIORITIZE THE PARTICULAR
AREA TO BE ACQUIRED SHALL BE WITH THE LOCAL GOVERNMENT
UNIT OR THE PROPER AGENCY ACQUIRING LAND FOR SOCIALIZED
HOUSING. FOR THIS PURPOSE, THE ENUMERATION IN THIS SECTION
SHALL NOT, IN ANY WAY, BE INTERPRETED AS SETTING AN ORDER
OF PRIORITY.”


SEC. 2. Section 10 of Republic Act No. 7279 is hereby amended to read as follows:

“SEC. 10. Modes of Land Acquisition. — The modes of acquiring lands for purposes of
this Act shall include, among other, community mortgage, land swapping, land
assembly or consolidation, land banking, donation to the Government, joint-venture
agreement, negotiated purchase, and expropriation: Provided, however, That
expropriation shall be resorted to only when other modes of acquisition have been
exhausted: Provided, further,| That where expropriation is resorted to, parcels of land
owned by small property owners shall be exempted for purpose of this Act: Provided,
[finally] FURTHER, That abandoned property, as herein defined, shall be reverted
and escheated to the State in a proceeding analogous to the procedure laid down in
Rule 91 of the Rules of Court.

For the purpose of socialized housing, government-owned and foreclosed properties
shall be acquired by local government units, or by the National Housing Authority
primarily through negotiated purchase: Provided, That qualified beneficiaries who are
actual occupants of the land shall be given the right of first refusal.”

SEC. 3. Section 11 of Republic Act No. 7279 is hereby amended to read as follows:

“SEC. 11. Expropriation of Idle Lands. ~ All idle lands in urban and urbanizable
areas, as defined and identified is accordance with this Act, shall be expropriated and
shall form part of the public domain. These lands shall be disposed of or utilized by
the Government for such purposes that conform with their land use plans.
Expropriation proceedings shall be instituted if, after the lapse of one (1) year
following receipt of notice of acquisition, the owner fails to introduce improvements
as defined in Section 3(f) hereof, except in the case of force majeure and other
fortuitous events. Exempted from this provision, however, are residential lands owned
by small property owners [or those the ownership of which is subject of a pending
litigation].”

SEC. 4. Repealing Clause. — All laws, decrees, executive orders, proclamation, rules

and regulations or any part thereof which are inconsistent with this Act are hereby repealed or
modified accordingly.

SEC. 5. Effectivity. — This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in a newspaper of national circulation.

Approved,