HOUSE UF REPEESENTATIVES

Republic of the Philippines RR CEIVED
HOUSE OF REPRESENTATIVES DATE: 28 JUL
Quezon ty ane:
SEVENTEENTH CONGRESS BY ee
First Regular Session :

STATON UNIT
X SEeWICE

BILLS 4\

9425
HOUSE BILL No, 2169

Introduced by Honorable Rosenda Ann Ocampo

EXPLANATORY NOTE

Every Filipino family aspires to have a decent home they can call their own.
This aspiration for decent housing is a right of every Filipino enshrined in the
Constitution. Section 9 of Article XIII states that “the State shall, by law, and for the
common good, undertake, in cooperation with the private sector, a continuing
program of urban land reform and housing which will make available at affordable
cost decent housing and basic services to underprivileged and homeless citizens in
urban centers and resettlement areas xxx.”

While there are many government programs being implemented to address
this problem, there is increasing demand for housing units. Aside from financing
concerns, the lack of available land for residential purposes poses a big stumbling
block to fully implement the government's housing programs.

This bill seeks to identify and declare all disposable government lands which
have remained idle and suitable for residential purposes and develop the same into
socialized housing sites for low-salaried government and private employees and

informal settlers as well.

Approval of this bill is earnestly sought.

SENDA ANN OCAMPO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
2125
HOUSE BILL No.

Introduced by Honorable Rosenda Ann Ocampo

AN ACT
PRESCRIBING THE MECHANISMS TO FACILITATE THE DISPOSITION OF IDLE
GOVERNMENT-OWNED LANDS FOR SOCIALIZED HOUSING

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 “Idle Government-
Owned Lands Disposition Act of 2016”.

SECTION 2. Declaration of Policy - \t is hereby declared the policy of the State to
ensure availability of sufficient lands for socialized housing purposes and to improve
the capability of Local Government Units (LGUs) in undertaking housing and urban
development programs and projects.

SECTION 3. Inventory of Lands - To carry out the provisions of this Act, an
inventory of all idle government-owned lands shall be conducted within one (1) year
from the effectivity of this Act.

The Housing and Urban Development Coordinating Council (HUDCC) through
the National Housing Authority (NHA), in coordination with Department of
Environment and Natural Resources (DENR) through the Land Management Bureau
(LB), shall conduct an inventory of all lands owned by the national government or
any of its subdivisions, instrumentalities or agencies, including government-owned
or-controlled corporations and their subsidiaries which have not been used for the
purpose for which they have been reserved for the past ten (10) years.

The Department of Interior and Local Government (DILG) through the Local
Government Units (LGUs) shall conduct an inventory of all local government-owned
lands within their respective localities which have remained idle for monitoring
purposes. The DILG shall furnish the HUDCC a copy of its inventory.


The inventories stated in the preceding paragraphs shall be updated every
three (3) years.

SECTION 4. Identification and Setting Aside of Lands for Socialized Housing —
After the conduct of the inventory:

(a) All LGUs are hereby directed to identify and set aside idle local government-
owned lands which are suitable for socialized housing: Provided, that the
Housing and Land Use Regulatory Board (HLURB) shall provide technical
assistance to the LGUs in the identification thereof and their eventual setting
for and disposition as socialized housing sites; Provided further, that
identified lands for socialized housing shall be integrated in the
Comprehensive Land Use Plan (CLUP) of LGUs;

(b) The NHA, in coordination with the LMB, is likewise directed to identify idle
lands owned by the national government or any of its subdivisions,
instrumentalities or agencies, including government-owned or-controlled
corporations and their subsidiaries, which have not been used for the
purpose for which they have been reserved for the past ten (10) years to be
set aside for socialized housing: Provided, that such lands have been declared
open for disposition whether through an Act of Congress or other related
laws.

Except for local government-owned lands owned by the national
government or any of its subdivisions, instrumentalities or agencies, including
government-owned or -controlled corporations and their subsidiaries
identified for socialized housing, shall immediately be transferred to the NHA
to be set aside for the purpose subject to the approval of the President of the
Philippines: Provided, that lands comprising the acquired assets of the
government-owned or -controlled corporations and government financial
institutions engaged in shelter financing that are taken possession of in their
ordinary conduct of business are not covered under this Act.

SECTION 5. Sale, Alienation or Encumbrance of Other Government-Owned
Lands Not Set Aside for Socialized Housing ~ Whenever a government-owned land
not set aside for socialized housing, whether owned by the LGUs or the national
government or any of its subdivisions, instrumentalities or agencies, including
government-owned or -controlled corporations, is sold alienated or otherwise
encumbered in favour of private individuals or entities for its development into
industrial, commercial or other similar estates, there shall be set aside, as may be
necessary, at least ten percent (10%) of the proceeds thereof for the development of
socialized housing projects within adjacent to the affected areas or in nearby areas
within the city or municipality in accordance with the local development land-use
plan: Provided, that lands comprising the acquired assets of government-owned or —
controlled corporations and government financial institutions engaged in shelter
financing that are taken possession of in their ordinary conduct of business are not
covered under this Act; Provided further, that low-salaried employees of the


government agency that sold, alienated, or otherwise encumbered such idle land
shall be given first priority as beneficiaries of the socialized housing projects to be
developed.

SECTION. 6. Conveyance of Segregated Land or Fund — For a land owned by
the national government or any of its subdivisions, instrumentalities or agencies,
including government-owned or — controlled corporations, and their subsidiaries, the
segregated land or fund shall be conveyed at no cost to the NHA which shall be
directly responsible
for the development of socialized housing project: Provided however, that for a land
‘owned by an LGU, the segregated land or fund shall be retained by the LGU
concerned to be utilized exclusively for its socialized housing projects.

SECTION. 7. Implementation of Socialized Housing Projects — For purpose of
implementing socialized housing projects on lands set for socialized housing and of
utilizing the funds set aside from the sale, alienation and encumbrance of other
lands not set aside for socialized housing:

(a) The LGU concerned shall undertake or cause the undertaking of the
development of socialized housing project for lands or funds set aside for
socialized housing pursuant to Section 4(a), 5, and 6 of this Act; and

(b) The NHA shall undertake the provision of socialized housing for the
underprivileged and homeless citizens for such lands or funds set aside for
socialized housing pursuant to Sections 4(b), 5, and 6 of this Act.

Toward this end, the NHA and the LGU concerned are hereby authorized to
enter into joint venture agreement or other similar arrangements with private
developers or non-governmental organizations (NGOs) engaged in housing
production: Provided, that the cost of housing unit, if constructed within the affected
area or locality pursuant to Section 5 hereof, shall exclude the cost of land.

In both cases, the NHA and the LGU concerned shall coordinate with each
other in the development of socialized housing projects in the areas mentioned in
Section 5 of this Act.

SECTION 8. Incentives for Private Developers and NGOs -To encourage
private sector and NGO participation in the socialized housing projects described in
Section 6 hereof, the incentives provided in Section 20, on Incentives for private
sector participating in socialized housing of Republic Act No. 7279, otherwise known
as the “Urban Development and Housing Act of 1992” shall apply.

SECTION 9. Implementing Rules and Regulations — Within six (6) months
after the effectivity of this Act, the HUDCC and the DENR are hereby directed to
promulgate the necessary rules and regulations, including the mechanisms and
procedures on the conduct of inventory and identification of lands suitable for
socialized housing and to effectively implement the provisions of this Act in drafting
the implementing rules and regulations. The National Urban Development and


Housing framework described in Republic Act No. 7279 shall be taken into
consideration.

SECTION 10. Separability Clause. —if any part or provision of this Act is
declared invalid for any reason, the remainder of this Act not affected thereby shall
remain valid and effective.

SECTION 11. Repealing Clause — All laws, decrees, executive orders, letters of
instruction, rules and regulations or parts thereof inconsistent with any of the
provisions of this Act are hereby repealed, modified, superseded or amended
accordingly.

SECTION 12. Effectivity Clause — this Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2) newspapers

of general circulation.

APPROVED.