Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

88

House Bill No.

Introduced by Honorable Amado S. Bagatsing

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 Xill 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.


This bill is a refiled bill of House Bill No. 4578 entitled “An Act Prescribing
The Mechanisms To Facilitate The Disposition Of Government-Owned Lands
for Socialized Housing", approved on third reading by the House of
Representatives in May 2011, 15! Congress, authored by the undersigned
and the following distinguished colleagues: Representatives Violago,
Marcoleta, Singson (E.), Mercado-Revilla, Castelo, Biazon, Acop, Valencia,
Leonen-Pizarro, Olivarez, Ocampo, Palmones, Ty, lico, Magsaysay (M.),
Panotes, Calimbas-Villarosa, Quimbo, De Jesus, Acharon, Kho (.), Herrera-
Dy, Mariano, Sy-Alvarado, Padilla And Ejercito, per Committee Report No. 904

AMADO S. BAGATSING

Representative

Approval of this bill is earnestly sought.

5" District, Manila


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City g
SIXTEENTH CONGRESS
First Regular

House Bill No. 88

Introduced by: Representative Amado S$. Bagatsing

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

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

SECTION 1. Short Title. - This Act shall be known and cited as the “Idle
Government-Owned Lands Disposition Act of 2013”.

SEC. 2. Declaration of Policy. - it is hereby declared the policy of the
State to ensure availabilty of sufficient lands for socialized housing purposes
and to improve the capability of local govemment units (LGUs) in

undertaking housing and urban development programs and projects.

SEC, 3. Inventory, Identification and Setting Aside of Lands for
Socialized Housing. - To carry out the provisions of this Act, an inventory of alll
government-owned lands shall be conducted. Toward this end:

(a) all LGUs are hereby directed to identify and set aside all local
government-owned lands suitable for socialized housing; and

(b) the National Housing Authority (NHA), in coordination with the
Department of Environment and Natural Resources (DENR), is likewise

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directed to identify lands owned by the national government or any of its
subdivisions, insrumentalities 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, all 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
fo the NHA to be set aside for the purpose subject to the approval of the
President of the Philippines.

SEC. 4. 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 ils subdivisions, instrumentalifies or agencies,
including government-owned or -controlled corporations, is sold, alienated or
otherwise encumbered in favor of private individuals or entities for its
development into industrial, commercial or other similar estates, there shall
be set aside, os may be necessary, at least twenty percent (20%) 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.

SEC. 5. 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 projects.

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However, for a land owned by an LGU, the segregated land or fund
shall be retained by the LGU concemed to be utilized exclusively for its
socialized housing projects.

SEC. 6. Implementation of Socialized Housing Projects. - For purposes of
implementing socialized housing projects on lands set aside 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 the development of socialized
housing projects for lands or funds set aside for socialized housing pursuant to
Sections 2(a) and 3, and the second paragraph of Section 4; 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 2(b) and 3, and the first paragraph of
Section 4.

Toward this end, the NHA and the LGU concerned are hereby
authorized to enter into joint venture agreements or other similar
arrangements with private developers or nongovernmental organizations
(NGOs) engaged in housing production: Provided, That the cost of housing
unit, if constructed within the affected area or locality pursuant to Section 3

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 3 of this Act.

SEC. 7. Incentives for Private Developers and NGOs. - To encourage
private sector and NGO participation in the socialized housing projects
described in Section 5 hereof, the incentives, provided in Section 20 of
Republic Act No. 7279 shall apply. ”

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SEC. 8. Implementing Rules and Regulations. - Within six (6) months
after the effectivity of this Act, the’ Housing and Urban Development
Coordinating Council (HUDCC) and the DENR are hereby directed to
promulgate the necessary rules and regulations to effectively implement ihe
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.

SEC. 9. 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.

SEC. 10. 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.

SEC.11. 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,

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