T7 FEB 2015

Republic of the Philippines H ee

IPH.

HOUSE OF REPRESENTATIVES \\
Quezon City, Metro Manila \2" phage

Sixteenth Congress
Second Regular Ses

House Bill No. 5479

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

EXPLANATORY NOTE

Central to Republic Act No. 7279 (Urban Housing and Development Act of 1992) is the policy
of providing for the rational use and development of urban land in order to bring about,

among others, equitable utilization of residential lands in urban and urbanizable arcas.

More than two decades after the enactment of RA 7279, majority of informal settlers
cannot enjoy the benefits of the provisions of said law. While Section 11 of RA 7279
mandates that all idle lands in urban and urbanizable arcas shall be expropriated and shall
form part of the public domain, residential lands the ownership of which are subject of

pending litigation are exempted from said provision.

A great number of informal settlers occupy lands that fall under the said exemption,
thereby placing these informal settlers outside the coverage of RA 7279. There is,
therefore, a need to make lands, the ownership of which are subject of pending litigation,

likewise subject to expropriation under Section 11 of RA 7279.

In view of the foregoing, immediate approval of this measure is, therefore, carestly

sought.


LDchuwdl

JOSE CHRISTOPHER Y. BELMONTE

IBARRA “BARRY” ERREZ II

Y

WALDEN F. BELLO


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

Sixteenth Congress
Second Regular Session

House Bill No___ 9479

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

AN ACT
ALLOWING THE EXPROPRIATION OF IDLE LANDS OF WHICH OWNERSHIP
IS SUBJECT OF A PENDING LITIGATION, AMENDING FOR THIS PURPOSE
SECTION 11 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 11 of Republic Act No, 7279, otherwise known

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

“Section 11. Expropriation of Idle Lands —All idle lands in
urban and urbanizable areas, as defined and identified in
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
ion 3() 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}.

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SECTION 2. Separability clause—If, for any reason, any part, section or provision of this
‘Act is held invalid or 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, decrees, executive orders, proclamations, rules and regulations, and other issuances, or

part or parts thereof which are inconsistent with the provisions of this Act are hereby repealed,

amended or modified accordingly.

SECTION 4. Effectivity—This Act shall take effect fifteen (15) days after the completion of

its publication in the Offrial Gazette ot in ovo (2) newspapers of general circulation.

Approved,