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PRESIDENTIAL DECREE NO. 1259
PRESIDENTIAL DECREE NO. 1259 -
AMENDING PARAGRAPHS 1, 2, AND 3 OF PD NO. 1224 FURTHER DEFINING THE
POLICY ON THE EXPROPRIATION OF PRIVATE PROPERTY FOR SOCIALIZED HOUSING
UPON PAYMENT OF JUST COMPENSATION
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WHEREAS,
despite the issuance of Presidential Decree No. 1224 to clarify and
amend provisions of Presidential Decree No. 76, on the expropriation of
private lands and improvements thereon, there are still certain doubts
on the extent of the government's power to acquire lands for housing
and its related components as provided for in PD No. 757 vesting the
power to exercise the right of eminent domain to the National Housing
Authority;chanroblesvirtualawlibrary
WHEREAS, housing is a development process which encompasses not only
the provision of shelter but most of all the building of a total
community in accordance with the human settlements concept;chanroblesvirtualawlibrary
WHEREAS, doubts have also been expressed as to the proper valuation to
be followed in the determination of just compensation in expropriation
proceedings.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
do hereby order and decree that:cralaw:red
Section 1. Paragraph 1 of Presidential Decree No.
1224 dated October 21, 1977 is hereby amended to read as follows:cralaw:red
The term "public use" for purposes of acquisition by the government,
either by itself or through any authorized agency or entity, of any
private land and improvements thereon shall include, among others, the
acquisition for the purpose of socialized housing. Socialized housing
is hereby define to include among others:cralaw:red
a) The construction and/or improvement of dwelling
for the middle and lower income groups of the society, including the
construction of the supporting infrastructure and other facilities;chanroblesvirtualawlibrary
b) Slum clearance, relocation and settlement of
squatters and slum dwellers as well as the provision of related
facilities and services; chanroblesvirtualawlibrary
c) Slum improvement which consist basically of
allocating homelots to the dwellers in the area or property involved,
re-arrangement and re-alignment of existing houses and other dwelling
structures and the construction and the provision of basic community
facilities and services, where there are none, such as roads,
footpaths, drainage, sewerage, water and power system, schools,
barangay centers, community centers, clinics, open spaces, parks,
playgrounds and other recreational facilities;chanroblesvirtualawlibrary
d) The provision of economic opportunities including
the development of commercial and industrial estates and such other
facilities to enhance the total community growth; and
e) Such other activities undertaken in pursuance of
the objective to provide and maintain housing for the greatest number
of people under Presidential Decree No. 757.
Section 2. Paragraph 2 of the same decree is hereby
amended to read as follows:cralaw:red
In the determination of just compensation for such private lands and
improvements to be expropriated, the Government shall choose between
the value of the real property and improvements thereon as declared by
the owner or administrator thereof or the market value determined by
the city or provincial assessor, which ever is lower, at the time of
the filing of the expropriation complaint.
Section 3. Paragraph 3 of the same decree is hereby
amended to read as follows:cralaw:red
Upon the filing of the petition for expropriation and the deposit of
the amount of the just compensation provided for in Section 2 hereof,
the Government, or its authorized agency or entity, shall immediately
have possession, control and disposition of the real property and the
improvements thereon even pending resolution of the issues that may be
raised whether before the Court of First Instance, Court of Agrarian
Relations or the higher courts.
Section 4. All acts, parts of acts, decrees, letters
of instructions, orders, ordinances, or rules and regulations which are
inconsistent herewith are hereby repealed, amended or modified
accordingly.
DONE in the City of Manila,
this 11th day of December, in the year of Our Lord, Nineteen Hundred
and Seventy-Seven.
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