FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
This bill seeks to reaffirm the legal principle that Congress is the constitutionally 
delegated repository of legislative power and that this power cannot be exercised by any other 
department or branch of the Government without a categorical empowerment to that effect, 
which must be circumscribed in its exercise by the reasonably clear standards set by Congress 
for the guidance of its deputy-under 
the Latin maxim that now reads “Potestas delegate non 
delegan potest.” 
It should not require the force of logic to posit that real properties, situated here or 
abroad, owned by the Government, the market value of which is at least Fifty Million 
(P50,000,000.00) cannot be reclassified or disposed without the consent of the Government, 
more specifically Congress, which is the country’s policy making body. Such consent may be 
given on a case-to-case basis, if there is no law embodying a general policy on the subject. 
Our statute books do not reveal any law governing the reclassification and disposition of 
government-owned properties which fact leaves the question of their disposition to general 
principles of law such as the nature of State properties in Roman and Common Law, the absence 
of course of a national policy has opened the door to the assertion of conflicting prerogatives 
based on legal fiction such as the power lodged in the board of a corporate entity. This is the 
reason why real properties of government corporations can presently continue to reclassify and 
dispose the government properties without the need to secure the approval of any authority save 
that of its own board. 
This bill seeks to correct this anomaly by providing that all real properties, situated here 
or abroad, owned, by the Government, the market value of which is at least Fifty Million 


(P50,000,000.00) pesos may not be reclassified or disposed with the consent of Congress 
pursuant to a general policy embodied in law. 
The need for congressional approval before government properties situated here or 
abroad can be reclassified and disposed will hopefully eliminate, if not lessen whatever 
controversy that may arise from said reclassification or disposition. 
This bill is a product of the public hearings conducted by the Committee on 
Constitutional Amendments, Revision of Codes and Laws during the loth Congress.* 
* This bill was re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
%No. 1859 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING CONGRESSIONAL AF'PROVAL IN THE RECLASSIFICATION AND 
DISPOSITION OF REAL PROPERTIES OF THE NATIONAL GOVERNMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congwss assembled: 
SECTION 1. Statement of Policy. - It shall be the policy of the State to regulate the 
reclassification and disposition of real properties of the National Government. The State shall 
enact laws which will ensure that the reclassification and disposition of real properties will be for 
the best interest of the Filipino people. 
SECTION 2. National Government. - For purpose of this law, National Government 
refers to the entire machinery of the central government, as distinguished from the different 
forms of local government. 
It shall include any of the various units of the Government, 
including a department, bureau, office instrumentality, or government-owned or controlled 
operation. 
SECTION 3. Congressional Approval. - All real properties, situated here or abroad 
owned by the Government, the market value of which is at least Fifty Million Pesos 
(P50,000,000.00) shall not be reclassified nor disposed of in any manner unless there is a law 
enacted by Congress authorizing such reclassification and disposition. Real properties, situated 
here and abroad, owned by the National Government, the market value of which is less than Fifty 
Million Pesos (P50,000,000.00) may be reclassified and disposed of by the proper government 
agency upon the approval of the President. 
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SECTION 4. Public Bidding. -All real properties shall be disposed of in accordance with 
the rules on public bidding. 
SECTION 5. Oficial Authorized to Convey Property. - Whenever real property of the 
Government is authorized by law to be conveyed, the deed of conveyance shall be executed in 
behalf of the Government by the following. 
(A)For property belonging to and titled in the name of the Republic of the Philippines, by 
the President, unless the authority therefore is expressly vested by the law in another 
officer; and 
(B) For property belonging to the Republic of the Philippines but titled in the name of any 
political subdivision or of any corporate agency or instrumentality, by the executive 
head of the agency or instrumentality. 
SECTION 6. Contents of Request for Congressional Approval. - The request for 
congressional approval shall contain the following information: 
(A) The nature, use, location, land area, and market value of the property to be 
reclassified or disposed of; 
(B) The underlying purpose for the reclassification or disposition; and 
(C) The proposed terms and conditions pertaining to its reclassification or disposition. 
SECTION 7. Disclosure of Real Properties. - All agencies of the National Government 
shall submit a summary of all real properties tp the Office of the President and both Houses of 
Congress within six months from the effectivity of this Act. 
SECTION 8. Reportorial Requirement. - The agency authorized to dispose of the real 
property shall submit a report on the sale within sixty (60) days from the sale to the President and 
both Houses of Congress. 
SECTION 9. Penalty, - Any public official who violates any of the provisions of this Act 
or its implementing rules and regulations shall suffer the penalty of prision mayor in its 
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minimum period with the accessory penalty of permanent special disqualification without 
prejudice to prosecution under Republic Act. Nd. 3019 and other laws. 
Any public officer may be allowed to resign or retire pending an investigation, criminal 
or administrative, or pending a prosecution against him for any offense under this Act or its 
implementing rules but the benefits due or owing such official shall be withheld. 
SECTION 10. Effect on Subsequent Dispositions. - Future contracts entered into in 
violation of this law shall be nul1 and void. 
SECTION 11. Separability Clause - If any provision or part hereof is held invalid or 
unconstitutional, the remainder o f  the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 12. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 13. Effectivity Clause. - This Act shall take effect fifreen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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