HOUSE °F RE NT ATIVES

Republic of the Philippin RECEIVED

HOUSE OF REPRESENTATIVES pave. 10 AUG 2016
Quezon City

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

Perhaps, the overarching provisions in the Constitution supportive of this proposed bill are
Section 9 and 10 of Article XIlI which states that:

“Sec. 9 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"

This is consistent with the broader social justice and human rights provisions of the
fundamental law.

Against this constitutional backdrop alone, there ought to be a continuing espousal of
legislative measures designed to address the problem of housing for the jleged if
not for the homeless whose number or population has swelled throygf the years making the
problem a constant menu in the country’s development agenda



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2807

HOUSE BILL NO.

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
MANDATING THAT AT LEAST TEN PERCENT (10%) OF GOVERNMENT-OWNED
LANDS TO BE SOLD, ALIENATED OR OTHERWISE ENCUMBERED FOR
DEVELOPMENT PURPOSES, BE SEGREGATED FOR SOCIALIZED HOUSING
PROJECTS

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

SECTION 1. Declaration of Policy. - It is hereby declared the policy of the State to
ensure that sufficient land housing purposes are maintained and to improve the capability of
local government units in undertaking urban development and housing programs and
projects.

SEC. 2. Sale, Alienation or Encumbrance of Government-Owned Land. - Whenever
government-owned land, whether owned by the National Government or any of its
instrumentalities, agencies, including government-owned or controlled corporations and local
government units, 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 at least ten percent (10%) of such land or at least ten percent (10%) of the
proceeds thereof for the development of socialized housing projects in the affected area or
locality.

SEC. 3. Delivery/Remittance of Segregated Lands or Funds. - The segregated land
or fund mentioned in Section 2 hereof shall be delivered/remitted in the following manner:

A. For lands owned by the National Government or any of its instrumentalities,
agencies, including government-owned or controlled corporations — the
‘segregated land or fund shall be delivered/remitted to the National Housing
Authority who shall be directly responsible for the development of socialized
housing projects in the affected area or locality.

B. For lands owned by local government units — the segregated land or fund shall be
retained by the local government unit concerned to be utilized exclusively for its
socialized housing projects.

SEC. 4. Utilization of Segregated Lands or Funds. — The National Housing Authority
(NHA), being the primary government in charge of providing housing for the underprivileged
and homeless, or in case of land owned by local government units, the local government unit
concemed, shall undertake the development of socialized housing projects within or
adjacent to the affected areas in accordance with the local development plan of the affected
area or locality. For this purpose, the NHA and local government unit concerned are hereby


authorized to enter into venture agreements or other similar arrangements with private
developers.

In both cases, the NHA and the local government unit concerned shall coordinate with each
other in the development of socialized housing projects in the affected area of locality.

SEC. 5. Incentives for Private Developers. - To encourage private sector
participation in the socialized housing projects described in Section 2 hereof, the incentives
provided in Section 20 of Republic Act No. 7279 shall likewise be extended to participating
private developers.

SEC. 6. Implementing Rules and Regulations. — Within six (6) months after the
effectivity of this Act, the Housing and Urban Development Coordinating Council (HUDCC) is
hereby directed to promulgate the necessary rules and regulations to effectively implement
the provisions of this Act. In drafting the implementing rules and regulations, the HUDCC
shall take into consideration the National Urban Development and Housing Framework
described in RA. 7279.

SEC. 7. Separability Clause. - If any part or provision of this Act is dectared invalid
for any reason, the remainder of this Act not affected thereby shall remain valid and
effective.

SEC. 8. Repealing Clause. - All laws, decrees, Executive Orders, Letters of
Instruction, Rules and Regulations or parts thereof inconsistent with any provision of this Act
are hereby repealed, modified, and superseded or amended accordingly.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,