Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18%) CONGRESS
First Regular Session

nouse Bit No._ 299

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

The bill entitled “An ‘Act Strengthening the Right of Government to
Expropriate Lands for Socialized Housing, Amending for the Purpose Sections 9, 10,
and 11 of Republic Act No. 7279, Otherwise Known as the ‘Urban Development And
Housing Act Of 1992°” was originally filed as House Bill No. 5479 by this
Representation in the 16'" Congress, and was re-filed as House Bill No. 159 in the 17"
Congress. Both Congresses passed the measure on its 3" Reading and transmitted the
said bills to the Senate for appropriate action.

This measure is part and parcel of the commitment of the State to undertake a
continuing program of urban land reform and housing as provided for under Section 9,
Article XII of the 1987 Constitution. Further, this measure is in line with the policy of
Republic Act No. 7279 (Urban and Housing Development Act of 1992) 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 areas.

Sections 9 and 10 of RA 7279 provides for the order and mode of land
acquisition by the Local Government, while Section 11 mandates that all idle lands in
urban and urbanizable areas 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.

More than two decades after the enactment of RA 7279, majority of informal
settlers cannot enjoy the benefits of the provisions of said law. Moreover, ironically,
while being a social justice legislation, RA 7279 provides more stringent requirements
for expropriation of land for public use, in this case, for socialized housing, than as
provided for under Rule 67 of the Rules of Court.

Amending section 9, 10 and 11 of RA 7279 will provide more power to the
Local Government in using idle lots in its jurisdiction by rationalizing the order and


mode of land acquisition and lifting the exemption on residential lands the ownership
of which are subject of pending litigation. It will likewise ensure that the intended
beneficiaries of RA 7279 will indeed enjoy the benefits of this social justice
legislation.

In view of the foregoing, immediate approval of this measure is earnestly

sought.
Jebel


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL NO. 159

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT
STRENGTHENING THE RIGHT OF GOVERNMENT TO EXPROPRIATE LANDS
FOR SOCIALIZED HOUSING, AMENDING FOR THE PURPOSE SECTIONS 9, 10,
AND 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. Sections 9, 10, and 11 of Republic Act No. 7279 are hereby amended to
read as follows:

“SEC. 9. [Priorities in the] Acquisition of Land FOR SOCIALIZED
HOUSING. ~ |Lands for socialized housing shall be acquired in the following order]
THE FOLLOWING LANDS MAY BE ACQUIRED FOR SOCIALIZED
HOUSING:

“(a) Those owned by the Government or any of its subdivisions,
instrumentalities, or agencies, including government-owned or _-controlled
corporations and their subsidiaries;

“(b) Alienable lands of the public domain;

“(c) Unregistered or abandoned and idle lands;

“(d) Those within the declared Areas for Priority Development, Zonal
Improvement Program sites, and Slum Improvement and Resettlement Program sites
which have not yet been acquired;


“(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which
have not yet been acquired; and

“(f) Privately-owned lands.

“[Where on-site development is found more practicable and advantageous to
the beneficiaries, the priorities mentioned in this section shall not apply. The local
government units shall give budgetary priority to on-site development of government
lands.]

“THE POWER TO IDENTIFY AND TO PRIORITIZE THE
PARTICULAR AREA TO BE ACQUIRED SHALL BE WITH THE LOCAL
GOVERNMENT UNIT OR THE PROPER AGENCY ACQUIRING LAND
FOR SOCIALIZED HOUSING. FOR THIS PURPOSE, THE ENUMERATION
IN THIS SECTION SHALL NOT, IN ANY WAY, BE INTERPRETED AS
SETTING AN ORDER OF PRIORITY.”

“SEC. 10. Modes of Land Acquisition. — The modes of acquiring lands for
purposes of this Act shall include, among others, community mortgage, land
swapping, land assembly or consolidation, land banking, donation to the Government,
joint-venture agreement, negotiated purchase, and expropriation: Provided, [however,
That expropriation shall be resorted to only when other modes of acquisition have
been exhausted: Provided, further,] That where expropriation is resorted to, parcels of
land owned by small property owners shall be exempted for purposes of this Act
Provided, [finally] FURTHER, That abandoned property, as herein defined, shall be
reverted and escheated to the State in a proceeding analogous to the procedure laid
down in Rule 91 of the Rules of Court.

“For the purpose of socialized housing, government-owned and foreclosed
properties shall be acquired by the local government units, or by the National Housing
Authority primarily through negotiated purchase: Provided, That qualified
beneficiaries who are actual occupants of the land shall be given the right of first
refusal.”

“SEC. 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 in Section 3(f) 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].”

SEC. 2. Repealing Clause. ~ All laws, decrees, executive orders, proclamations, rules
and regulations, or any part thereof which are inconsistent with this Act, are hereby repealed
or modified accordingly

SEC. 3. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of national circulation.

Approved,