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

Sixteenth Congr
Second Regular Session

5301 pais

House Bill No.

Introduced by
Rep. Ibarra “Barry” M. Gutierrez III (AKBAYAN),
Rep. Walden F, Bello (AKBAYAN), and
Rep. Christopher Y. Belmonte (6" District, Quezon City)

EXPLANATORY NOTE

Corollary to the general powers granted to a local government unit is the specific grant of
the power of eminent domain in Section 19 of Republic Act No. 7160 (Local Gowerament
Cade of 1991), a power that has become very relevant in the implementation of local urban

land reform and housing programs.

Guided by the 1987 Philippine Constitution and provisions of pertinent laws, a local
government unit may expropriate land for the benefit of the poor and the landless. This
power of eminent domain is limited by Section 9 of Republic Act No. 7279 (Urban
Development and Housing Aet of 1992), which sets an order of priority on which type of land
may be expropriated for socialized housing—the least priority to be privacely-owned lands.
Thus, following the strict letter of the law, the Supreme Court upheld and recognized the
order in Section 9 of RA 7279 by invalidating ordinances passed by local government units

which sought to expropriate privately-owned lands occupied by informal settler families

‘The identification of a particular area to be expropriated for socialized housing is within
the competence of a local government unit, A local government unit is not only mandated
under law to provide for the general welfare of residents within its territorial jurisdiction

but is also exposed to the realities on the ground, realities that call for the balancing of the
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interests of the members of informal setter families against the demands of local urban
development and interests of private landowners. The order of priority in Section 9 puts a
local government unit in a straightjacket as regards identification of land for socialized

housing, removing well-grounded exercise of discretion.

Added to this, private landowners have used Section 9 of RA 7279 to shift the burden on
the local government unit to prove the propriety of expropriation despite a factual and
judicial finding of public use. This burden slows the provision of adequate socialized

housing by the local government to informal settler families.

‘The local government’s competence and exposure to realities on the ground call for the
grant of a wider discretion in identifying areas to be expropriated for socialized housing.
Recognizing the legitimacy of identifying these areas, private landowners should also be
prevented to use the provisions of Section 9 of RA 7279 against informal settlers, who are
the beneficiaries of the provisions of the said law. ‘There is, therefore, a need to recognize
the legitimacy of the identification of areas for socialized housing by local government

units.

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

TBARRA “BARRY” TERREZ II

WALDEN F. BELLO

Sbehoes

CHRISTOPHER Y. BELMONTE


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

Sixteenth Congress
Second Regular Session

House BitNo, 930%

Introduced by
Rep. Ibarra “Barry” M. Gutierrez III (AKBAYAN),
Rep. Walden F, Bello (AKBAYAN), and
Rep. Christopher Y. Belmonte (6" District, Quezon City)

AN ACT
STRENGTHENING THE RIGHT OF LOCAL GOVERNMENT UNITS TO.
EXPROPRIATE LANDS FOR THE BENEFIT OF THE LANDLESS AS
PROVIDED IN SECTION 19 OF THE LOCAL GOVERNMENT CODE OF
1991, AMENDING FOR THIS PURPOSE SECTION 9 OF REPUBLIC ACT
NO. 7279 OTHERWISE KNOWN AS THE “URBAN DEVELOPMENT AND.
HOUSING ACT OF 1992”

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

SECTION 1, Amendatory provision.—Section 9 of Republic Act No. 7279 otherwise

known as the Urban Development and Housing Act of 1992, is hereby amended to read as

“Section 9, Prorities—in—the Acquisition of land—The
following lands may be acquired for socialized housing:
shall be aequited in the folowing orders

(@ 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;

(6) Unregistered or abandoned and idle lands;


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(@) Those within the declared areas for priority
development, zonal improvement program sites, and slum
improvement resettlement program sites which have not
yet been acquired

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

(8 Privately-owned lands.

governs shalt budgersey-p

‘The power to identify and to prioritize the particular area

to be expropriated shall be with the local government unit

or the proper_expropriating agency subject only to

provisions of the Constitution and pertinent laws_on
propriation. For this purpose, the enumeration in this

a ae ae

order of priority.” :

SECTION 2. Separability clause—If, for any reason, any part, section or provision of
this Act is held invalid ot unconstitutional, the remaining provisions not affected thereby

shall continue to be in full force and effect.

SECTION 3. Repealing clause.—The Urban Development and Housing Act of 1992 (R.A.

No. 7279) is hereby amended accordingly.

All laws, dectees, executive orders, proclamations, rules and regulations, and other
issuances, ot part ot parts thereof which are inconsistent with the provisions of this Act

are hereby repealed, amended or modified accordingly,
SECTION 4, Effectivity clause-—This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least two (2) newspapers of

general circulation.

Approved,