Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.3'2.2'7

INTRODUCED BY REPRESENTATIVE
MARIA VIDA ESPINOSA BRAVO

EXPLANATORY NOTE

With a declared policy of tourism being hamessed as an engine of
socio-economic growth, cultural affirmation to generate investment, foreign
exchange and employment and to continue to mold an enhanced sense of
national pride for all Filipinos, Republic Act No. 9593 or the Tourism Act of
2009 was enacted into law. The said law sought to create nationwide Touri
Enterprise Zones (TEZs). These are a of historical and cult
significance, environmental beauty, or existing or potential integrated leisure
facilities.

Other than TEZs under Republic Act No. 9593, the local governments,
along with their representatives, seek the declaration of certain areas in their
districts, cities or municipalities to become special ecotourism zones (SEZs)
or special cultural-heritage ecotourism zones.

While with such declaration, the areas identified as SEZs or TEZs
would be prioritized for development, the accompanying area conservation
thereof leads to its areas, mostly lands of public domain, becoming
inalienable. This is true even if these lands are suitable for agricultural,
residential, or even commercial purposes. Such is not fair, especially to
farmers, who have long possessed such lands, and are merely waiting for the
lapse of time to apply for free patent thereto.

Under this draft measure, the Department of Environment and Natural
Resources (DENR) would allow the issuance of a free patent over a parcel of
land ina or TEZ to a citizen of the Philippines. This provided that said
grantee has for at least thirty (30) years has continuously occupied and/or
cultivated the land, either by himself or through his predecessors-in-interest.
Also, the said person should have paid the real estate tax on the land. An
individual shall be entitled to a tract of land not to exceed twelve (12) hectares.



Forestlands, including caves and cave resources, shall be exempted for
ecological and rational land use considerations. These shall continue to be
protected forestlands and inalienable portions of the public domain. These
shall be conserved, preserved and its use, regulated.

With this bill, there would be a balance between promotion of tourism,
local development, environment conservation, and equitable distribution of
opportunities, especially to underprivileged local farmers.

It is in this view that the immediate passage of the bill is earnestly
sought

> an

IA VIDA ESPINOSA BRAVO

uk ‘esentative

First (1") District of Masbate


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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill N8'72.7

INTRODUCED BY REPRESENTATIVE
MARIA VIDA ESPINOSA - BRAVO

AN ACT

ESTABLISHING A MODE OF ACQUISITION AND
DISPOSITION FOR AGRICULTURAL LANDS WITHIN
TICAO AND BURIAS ISLANDS, PROVINCE OF
MASBATE DECLARED AS SPECIAL ECO-TOURISM
ZON' OR TOURISM ENTERPRISES ZONES,
PROVIDING ENVIRONMENTAL SAFEGUARDS.
THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Ticao-
Burias Ecotourism Zones Alienable Lands Act of 2016”

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the

State to provide for a more equitable distribution of opportunities, income and
wealth, specifically for lands forming part of its public domain which have
been classified as alienable and disposable located within areas declared as
special ecotourism zones (SEZs), including cultural heritage ecotourism zones
and/or tourism enterprises zones (TEZs), but at the same time protect and
conserve the country's natural resources, and continue to promote tourism and

local development.


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SEC. 3. Coverage. - The provisions of this Act shall apply to the parcels
of land of the public domain located in the SEZs or TEZs of Ticao and Burias
Islands, delineated and declared as agricultural lands open to disposition for
agricultural, residential, commercial, industrial or other productive purposes:
Provided, however, That, the Department of Environment and Natural
Resources (DENR) in coordination with the National Mapping and Resource
Information Authority (NAMRIA) and the local government units (LGU’s)
concerned shall conduct a mandatory review of the classification; and have

been in the possession of individuals and whose real property taxes thereon

are being paid for at least thirty (30) years before the effectivity of this Act.
Such review shall be made as basis for the confirmation or correction, as the
case may be, of the technical description of the land for disposition. Moreover,
during the pendency of such review, individuals possessing such parcels of
land and paying the real estate taxes thereon for at least thirty (30) years shall

be accorded the right to possession.

The aforementioned agricultural lands are likewise hereby excluded
from the operation of Presidential Proclamation No. 1801, dated 10 November
1978, entitled "Declaring Certain Islands, Coves and Peninsulas as Tourist

Zones and Marine Re: under the Administration and Control of the

Philippine Tourism Authority".
SEC. 4. Mode of Acquisition. -The DENR shall alienate the agricultural
lands identified in Section 2 hereof, subject to the limitations provided for in

this Act, through the issuance of a free patent over any parcel thereof to any

citizen of the Philippines who for at least thirty (30) years prior to the

effectivity of this Act has continuously occupied and/or cultivated either by


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himself or through his predecessors-in-interest, or who shall have paid the real
estate tax thereon. Such qualified person shall be entitled under this Act to
have a free patent issued to him for such tract of land not to exceed twelve
(12) hectares per applicant: Provided, That the DENR shall also reserve lands
or lots of sufficient size and strategic location to the municipal government
and other agencies of the national government for essential public purposes
and/or services such as school buildings, public plazas, health centers and

similar offices and similar purposes including necessary avenue: ets and

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alleyways: Provided, further, That any title that may be issued over lands for

public purpose shall be in the name of the Republic of the Philippines and all

roads, avenues, streets, alleyways shall be in the name of the municipal

government. The provisions of Commonwealth Act No. 141, as amended,
tent hi

otherwise known as the "Public Land Act", not incons with, shall be

applicable.

SEC. 5. Protected Forest Lands. - Areas of the public domain within

the S. or

{Zs classified as forestlands pursuant to pertinent laws,
including, caves and cave resources, shall be exempted for ecological and
rational land use considerations and shall continue to be protected forestlands
and inalienable portions of the public domain. Such forestlands shall be
conserved, preserved and regulated by the DENR, jointly with the city or
municipal government, and concerned national agencies pursuant to the
provisions of Presidential Decree No. 705, as amended, otherwise known as
the "Revised Forestry Code of the Philippines", Republic Act No. 9072,
otherwise known as the "National Caves and Cave Resources Management

and Protection Act" their implementing rules and regulations, as well as other


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pertinent laws, proclamations, issuances and administrative orders on
conservation and environmental protection.

SEC. 6. Strict Regulation of the Utilization and Development. - The
utilization and development of all areas in Ticao and Burias Islands along the
SEZs or TEZs shall be strictly regulated by the DENR pursuant to all laws
and statutes on the utilization and protection of natural resources and the
environment, and must strictly comply with the land use plan approved by the
local government unit and the requirements imposed by existing DENR rules,
regulations and other issuances, taking into consideration the sustainable use
and development of the area and at all times with utmost respect to the right

of indigenous cultural communities to their ancestral lands. For the safety of

‘Ss or

the local communities and tourists, the development of the
shall also take into consideration the hazard-prone areas of the vicinity. No
development shall take place for areas identified as highly susceptible to
natural hazards even though it is within the parcels of land delineated and
declared as agricultural.

SI

>. 7. Penalty. - The penalty of six (6) years imprisonment or a fine
of Three hundred thousand pesos (P300,000.00) or both at the discretion of
the court shall be imposed upon any person who shall violate the provisions
of this Act. Should the offending party be a government official or employee,

he shall suffer, in addition to the aforementioned penalties, perpetual absolute

disqualification to hold public office.
SEC. 8. Implementing Rules and Regulations, - Within ninety (90) days
from the effectivity of this Act, the DENR in coordination with the NAMRIA,

all local government units, government agencies, private organizations, non-


government organizations concerned and other stakeholders shall issue the
rules and regulations necessary to effectively implement the provisions of this
Act.

SEC. 9. Separability Clause. - \f any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SEC. 10. Repealing Clause. - All laws, decrees, orders, rules and
tegulations, or parts thereof inconsistent with the provisions of this Act are
hereby deemed repealed or modified accordingly.

‘This Act shall take effect after fifteen (15) days

from its publication in at least two (2) national newspapers of general

circulation

APPROVED.