Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City {Ss ‘
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First Regular Session S ome JUL 201:
28
HOUSE BILL NO.

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EXPLANATORY NOTE

Despite the parameters set by the Constitution and various laws on the
limitations on what State-owned assets and properties may be sold. However, there
seem to have a number of instances in the past where certain entities have tried to
circumvent the law and initiated the sale of some government properties.

Such was the case of the Estates Authority (PEA) and Amari Coastal Bay
Development Corp deal involving the sale of some of the submerged lands in Manila Bay
but was declared null and void by the Supreme Court citing that the reclaimed land
inalienable natural resources of the public domain. Similar attempts were also
done with the Roponggi and Fujimi Properties in Japan by the past administrations,
Fortunately, the Supreme Court also halted the sale of both properties. Another example
is the Manila Hotel case where the Court fortunately ordered a cease and desist from
sharing the majority of shares of the Manila Hotel Corporation to Renong Berhad, a
Malaysian Firm.

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‘This proposed measure aims to avoid future confusion and attempts to replicate
the aforementioned endeavors that disregards the State’s right to its own assets and
properties. This bill will mandate an inventory of government-owned properties and
assets and their classification into what is inalienable. A Task Force under the Office of
the President shall be created to conduct the inventory and classification.

The enactment of this proposed policy is another way to ensure that the
government is doing its duty to defend its people and their rights over what is lawfully
theirs as citizens of this country. In addition, this bill clearly promotes transparency
and accountability, which is exactly the principle being adhered to by the Aquino
administration.

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

FRED “ALBEE’/B. BENITEZ,


Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 428

Introduced by REP. ALFREDO “ALBEE” B, BENITEZ

AN ACT MANDATING THE CERTIFICATION OF INALIENABLE GOVERNMEN1I
OWNED PROPERTIES AND ASSETS

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

SECTION 1. Declaration of Policy. - Article XII of the Constitution provides for
the protection of the State's inalienable lands and promotion of national economy and
patrimony through the limitations on foreign ownership in the country. Furthermore,

the Constitution likewise mandates the State to conserve, develop, promote and

popularize the nation’s historical and cultural heritage and resources

SEC, 2. Task Force on Government Assets. - There is hereby created a National
Properties Committee, hereinafter referred to as the “Task Force”, under the Office of
the President to conduct and inventory of government-owned properties and assets and
determine their status. The Task Force is also mandated to review local and foreign

laws and regulations governing these properties.

SEC. 3. Inventory of Government Assets. - The ‘Task Force is mandated to

conduct an inventory of all government assets including those that are located abroad.

SEC. 4, Identification of Inalienable Assets. - The Task Force shall identify
among the assets which are inalienable and alienable pursuant to the pertinent
provisions in the Constitution, Republic Act 386 and other laws applicable and submit

the list to Congress for certification.


SEC. 5. Certification of the list of government assets. ~ The list drafted by the
Task Force shall be submitted to the President of the Philippines for approval and

certification.

‘SEC. 6. Funding - The amount necessary for the implementation of this Act shall

be funded out of the appropriations of the Office of the President.

SEC. 7. Sunset Provision - The Task Force shall complete its work within two (2)
years from the effectivity of the IRR promulgated by it and may only be extended by an
Act passed by the Congress of the Philippines.

SEC. 8. Implementing Rules and Regulations. ~ Within ninety (90) days after
the approval of this Act, the Task Force, the Department of Foreign Affairs, Department
of

and promulgate the implementing rules and regulations (IRR) to carry out the

ance, the National Historical Commission and Department of Justice, shall prepare

provisions of this Act. The IRRs shall take effect after fifteen (15) days following their

publication in a major daily newspaper of general circulation.

SEC, 9. Separabilty Clause - If any provision of this Act is declared invalid, the
remainder or any of this provision hereof not affected thereby shall remain in force and

effect.

SEC. 10. Repealing Clause - All laws, decrees, executive orders, presidential
issuances and other administrative rules and regulations or parts thereof which are

inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 11. Effectivity - The implementation of this Act shall take effect fifteen (15)

days after its publication in at least two (2) national newspapers of general circulation,

Approved,