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OF THE PHILLpPlNES 
First Regular Session 
The Constitution 
Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
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Article 3 provides: 
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The ownership df private property plays an important role in the economic and social well- 
being of the country. T ' us, even agency actions that merely restrict the use of private property and 
result in a significant diminution of its value, should constitute a taking of that property and should 
be properly compensate$ 
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This bill seeks to protect private property rights by requiring government agencies to prepare 
private property taking impact analyses. This is important, as agencies should consider the impact 
of agency actions, incluqing regulations, on the use and ownership of private property. 
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First Regular Session 
S E N A T E  
S.B. No. 
1637 
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Introduced by Senator Miriam Defensor Sa 
private property. 
AN ACT 
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PROTECTING 
PROPERTY RIGI-ITS BY REQUIRING 
PROPERTY TAKING IMP, 
and the House of Representative5 
assembled: 
This Act shall be known as the “1 
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OVERNMENT AGENCIES 
:T ANALYSIS 
f the Philippines in Congress 
vate Property Rights Act.” 
SECTION 3. Dehnition. -For purposes of this Act, the term - 
(1) “Agency” 
eans a department, agency, independent; agency, or instrumentality, 
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including any military T department, government corporation, government-owned and controlled 
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corporation, or other estdblishment in the executive branch of the government. 
or decision, taken by an agency and 
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or policy; or: 
of any permit, licensk, or authorization; 
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with title, possession, or other property rights in property 
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means any action whereby private property is taken in such 
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for private property taking impact analysis. - 
fullest extent possible - 


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(a) all policies, regulations, and public laws shall be interpreted and administered in 
(b) an 
such agency action; 
accordance with the polibes under this Act; and 
(b) subject to subsection (b), each agency shall com&e 
a private property taking 
impact analysis before taking any agency action (including the promulgation of a regulation) which 
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(b) An ac I ion taken- 
is likely to result in a tak ng of private property. 
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(2) NON-APPLIGATION - Subsection (a)(2) shall not apply to - 
(a) An a jtion in which the power of eminent domain id formally exercised; 
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(i] with respect to property held in trust by the bovemment; or 
(ii in preparation for, or in connection with, tjeaty negotiations with foreign 
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(c) law e forcement action, including seizure, for a violation of law, of property for 
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nations; 
forfeiture as evidence in criminal proceeding; 
(d) a communication between an agency and local land-use planning agency 
concerning a planned p loposed local activity that regulates private property, regardless of whether 
the communication is initiated by an agency or is undertaken in response to an invitation by the 
local authority; 
(e) any military or foreign affairs function (including a,procnrement function under a 
military or foreign affair function) 
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(0 any ca e in which there is an immediate threat to health or safety that constitutes 
an emergency requiring i 
mmediate response, i f t he t aking impact analysis i s c ompleted after the 
emergency action is carr'ed out or the regulation is published. 
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(3) CONTENT F ANALYSIS - A private property takidg impact analysis shall be a 
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written statement that includes - 
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assessment of the likelihood that a taking of pri 
private property owners; 
.ate property will occur under 
;ly to require compensation to 


(a) make 
(b) to the 
and any other person with 
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each private property taking impact analysis available to the public; and 
greatest extent practicable, transmit a copy /of such analysis to the owner 
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a property right or interest in the affected p?,operty. 
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SECTION 6. Cd.1 Action. - If an agency action results in the 'taking of private property, the 
owner of such property may obtain appropriate relief in a civil action against the agency that has 
caused the taking to occut. 
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(2) REPORTS - 
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analysis; 
action or proceeding. 
(ii) t 
(iii)s 
Constitution. 
(b)' PUE 
publish in the Register, 
this paragraph. 
SECTION 8. 1 
administrative or judici 
and estimates in any pr 
(1) such analys 
proceedings; and 
(2) such costs, 
preceding the date of SI 
SECTION 9. Se 
unconstitutional, the re 
and subsisting. 
SECTIOI LO. 1 
order, letter of instruct; 
the provisions of this A 
SECTION 11. L 
publication in at least t! 
Approved. 
/1496 JPS 
n agency action that has resulted in the preparation of a taking impact 
filing of a taking claim; and 
award of compensation pursuant to the just compensation clause of the 
CATION OF REPORTS - The b udget and management s ecretary shall 
1 an annual basis, a compilation of the reports of all agencies made under 
sumption in Proceedings. - For the purpose of any agency action or 
proceeding, there shall be a rebuttable prespmption that the costs, values, 
te property taking impact analysis shall be outdate and inaccurate, if - 
was completed after 5 years or more before the date of such action or 
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ealing Clause. - Any 
w, presidential decree or issuance, executive 
, administrative order, rule or regulation contrary to, or inconsistent with, 
1s hereby repealed, modified or amended accordingly. 
,ctivity Clause. - 
(2) newspapers of general circulation. 
This Act shall take effect fifteen (15) days after its