OF THE PHILIPPINES 
First Regular Session 
Recommending its approval in substitution of Senate Bill No. 1846. 
Sponsors: Senators Escudero and Santiago 
MR. PRESIDENT: 
The Committee on Justice and Human Rights to which was referred Senate Bill No. 1846, 
introduced by Senator Santiago, entitled: 
“AN ACT 
PROTECTING 
PRIVATE 
PROPERTY 
RIGHTS 
BY 
REQUIRING 
GOVERNMENT AGENCIES TO PREPARE PRIVATE PROPERTY TAKING 
IMPACT ANALYSIS” 
has considered the same and has the honor to report it back to the Senate with 
the 
recommendation that the attached bill, Senate Bill No. 2 3 6 0, prepared by the Committee, 
entitled: 
“AN ACT 
PROTECTING 
PRIVATE 
PROPERTY 
RIGHTS 
BY 
REQUIRING 
GOVERNMENT AGENCIES TO PREPARE PRIVATE PROPERTY TAKING 
IMPACT ANALYSIS” 
, 
be approved in substitution of Senate Bill No. 1846 with Senators 
srmtmgo as 
authors thereof. 
Respectfully submitted: 
FRANCIS “CHIZ” G. ESCUDERO 
Chairman 


Conzmittee Report on SEN 1846-Private Property Taking Impact Analysis. 
2 
___- 
S. AQUINO 111 
Members: 
ALAN PETER “COMPANERO” S. CAYETANO 
Fr 
B 
G REVILLA JR. 
M. A. MADRIGAL 
Ex-Officio Members: 
c 
4.. 
Minority Leader 
Hon. MANNY VILLAR 
Senate President 
Senate of the Philippines 
Pasay City 


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FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
8 JUM -2 P3 3 5  
Y 
Prepared and Submitted by the Committee on Justice and Human Rights with 
authors thereof 
AN ACT PROTECTING PRIVATE PROPERTY RIGHTS BY REQUIRING 
GOVERNMENT AGENCIES TO PREPARE PRIVATE PROPERTY TAKING 
IMPACT ANALYSIS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the ”Private Property 
Rights Act of 2008.” 
SECTION 2. Statement ofPolicy. - The policy of the government is to protect the 
health, safety, and general welfare of the public in a manner that, to the extent 
practicable, avoids taking of private property. 
SECTION 3. Definition of Terns. -For purposes of this Act, the term: 
(A) “Agency” means a department, agency, independent agency, or 
instrumentality, including any military department, government corporation, 
government-owned and controlled corporation, or other establishment in the 
executive branch of the government. 
(B) ”Agency action” means any action, inaction, or decision, taken by an 
agency and includes such an action, inaction, or decision taken by, or pursuant 
to: 
(1) A statute, rule, regulation, order, guideline, or policy; or 
(2) The issuance, denial, or suspension of any permit, license, or 
authorization; 
(C) ”Owner” means the person with title, possession, or other property 
rights in property affected by any taking of such property; and 
(D) “Taking of private property” means any action whereby private 
property is taken in such a way as to require compensation. 
SECTION 4. Requirement for Private Property Taking Impact Analysis. - 
(A) In General. - To the fullest extent possible, all policies, regulations, and 
public laws shall be interpreted and administered in accordance with the policies 


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under this Act, and, subject to paragraph (B) hereunder, each agency shall 
complete a private property taking impact analysis before taking any agency 
action, including the promulgation of a regulation, which is likely to result in a 
taking of private property. 
(B) Non-Application. -Paragraph (A) shall not apply to: 
(1) An action in which the power of eminent domain is formally 
exercised; 
(2) An action taken: 
(a) With respect to property held in trust by the government; or 
(b) In preparation for, or in connection with, treaty negotiations 
with foreign nations; 
(3) Law enforcement action, including seizure, for a violation of 
law, of property for forfeiture as evidence in a criminal proceeding; 
(4) A communication between an agency and local land-use 
planning agency concerning a planned proposed 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; 
(5) Any military or foreign affairs function, including a 
procurement function under a military or foreign affairs function; 
or 
(6) Any case in which there is an immediate threat to health or 
safety that constitutes an emergency requiring immediate response, 
if the taking impact analysis is completed after the emergency 
action is carried out or the regulation is published. 
(C) Content ofAnaZysis. - A private property taking impact analysis shall 
be a written statement that includes: 
(1) The specific purpose of the agency action; 
(2) An assessment of the likelihood that a taking of private property 
will occur under such agency action; 
(3) An evaluation of whether such agency action is likely to require 
compensation to private property owners; and 
(4) Alternatives to the agency action that would: 
(a) Achieve the intended purposes of the agency action; 
(b) Lessen the likelihood that a taking of private property will 
occur; or 
(c) An estimate of the potential liability of the government if the 
government is required to compensate a private property owner as 
a result of the agency action. 
(D) Submission to the Department of Budget and Management (DBM): 
Each agency shall provide analysis required under this section as part of any 


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submission otherwise required to be made to the DBM relating to an agency 
action. 
(E) Public Availability of Analysis. - An agency shall: 
(1) Make each private property taking impact analysis available to the 
public; and 
(2) To the greatest extent practicable, transmit a copy of such analysis to 
the owner and any other person with a property right or interest in the 
affected property. 
SECTION 5. Alternatives to Taking of Property. -Before taking any final agency 
action, the agency shall fully consider alternatives described in Section 4(C)(4) 
and shall, to the maximum extent practicable, alter the action to avoid or 
minimize the taking of private property. 
SECTION 6. Civil 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 occur. 
SECTION 7 .  Guidance and Reporting Requirement. - 
(A) Guidance. -The Solicitor General shall provide legal guidance in a 
timely manner, in response to a request by an agency, to assist the agency in 
complying with this Act. 
(B) Reports. - Not later than one (1) year after the date of the enactment of 
this Act and at the end of each one (1) year period thereafter, each agency shall 
submit a report to the Secretary of the DBM that identifies: 
(1) Each agency action that has resulted in the preparation of a taking 
impact analysis; 
(2) The filing of a taking claim; and 
(3) Any award of compensation pursuant to the just compensation clause 
of the Constitution. 
(C) Publication of Reports. - The Secretary of the DBM shall publish in the 
Register, on an annual basis, a compilation of the reports of all agencies made 
under this paragraph. 
SECTION 8. Presumption in Proceedings. - For the purpose of any agency action 
or administrative or judicial proceeding, there shall be a rebuttable presumption 
that the costs, values, and estimates in any private property taking impact 
analysis shall be outdated and inaccurate, if 
(A) Such analysis was completed after 5 years or more before the date of 
such action or proceeding; and 
(B) Such costs, values, or estimates have not been modified within the five 
(5) year period preceding the date of such action or proceeding. 


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SECTION 9. Separability Clause. - If any provision 
or part hereof is held 
invalid or unconstitutional, the remaining provisions of this Act not otherwise 
affected shall remain valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,