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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
[ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, provides: 
Section 9. Private property shall not be taken for public use without just 
compensation. 
The ownership of private property plays an important role in the economic and social 
well-being of the country. Thus, even agency actions that merely restrict the use of private 
property and result in a significant diminution of its value, should constitute a taking of that 
property and should be properly compensated. 
This bill seeks to protect private property rights by requiring government agencies to 
prepare private property taking impact analyses. This is important, as agencies should consider 
the impact of agency actions, including regulations, on the use and ownership of private 
property.' 
* This bill was re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
) 
1 -  
OF THE PHILIPPINES 
First Regular Session 
) 
~~ 
Introduced by Senator Miriam Defensor Santiago 
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 2007.” 
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) 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. 
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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), 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 
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; 
(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; 
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(3) An evaluation of whether such agency action is likely to require,compensation 
to private property owners; 
(4) Alternatives to the agency action that would- 
(a) Achieve the intended purposes of the agency action; and 
(b) Lessen the likelihood that a taking of private property will occur; 
(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 Department of Budget and Management 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. AZternatives 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 I .  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. 
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(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 Department of Budget and Management 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 budget and management secretary 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 outdate and 
inaccurate, if - 
(A) Such analysis was completed after 5 years or more before the date of such action or 
proceedings; 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 reminder of the law of the provision 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 repeaied, modified or amended accordingly. 
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SECTION 11. Efftbvity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
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