MALACAÑANG
M a n i l aPRESIDENTIAL 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
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;
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;
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...
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Presidential Decrees
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
Presidential Decree No. 1259
Summary of Presidential Decree No. 1259
Definition of "Public Use" for Expropriation (Section 1):
- Includes acquisition for socialized housing purposes, defined as:
• Construction/improvement of dwellings for middle and lower income groups, including supporting infrastructure and facilities. (Section 1a)
• Slum clearance, relocation and settlement of squatters and slum dwellers, and provision of related facilities and services. (Section 1b)
• Slum improvement, including allocating homelots, re-arranging existing houses, and constructing basic community facilities like roads, drainage, water, power, schools, centers, clinics, open spaces, and recreational facilities. (Section 1c)
• Provision of economic opportunities, including development of commercial and industrial estates and facilities to enhance community growth. (Section 1d)
• Other activities undertaken to provide and maintain housing for the greatest number of people under Presidential Decree No. 757. (Section 1e)
Determination of Just Compensation (Section 2):
• Government shall choose between the value declared by the owner/administrator or the market value determined by the city/provincial assessor, whichever is lower, at the time of filing the expropriation complaint.
Immediate Possession and Control (Section 3):
• Upon filing the expropriation petition and depositing the just compensation amount, the government or authorized agency shall immediately have possession, control, and disposition of the real property and improvements, even pending resolution of issues raised in courts.
Definition of "Public Use" for Expropriation (Section 1):
- Includes acquisition for socialized housing purposes, defined as:
• Construction/improvement of dwellings for middle and lower income groups, including supporting infrastructure and facilities. (Section 1a)
• Slum clearance, relocation and settlement of squatters and slum dwellers, and provision of related facilities and services. (Section 1b)
• Slum improvement, including allocating homelots, re-arranging existing houses, and constructing basic community facilities like roads, drainage, water, power, schools, centers, clinics, open spaces, and recreational facilities. (Section 1c)
• Provision of economic opportunities, including development of commercial and industrial estates and facilities to enhance community growth. (Section 1d)
• Other activities undertaken to provide and maintain housing for the greatest number of people under Presidential Decree No. 757. (Section 1e)
Determination of Just Compensation (Section 2):
• Government shall choose between the value declared by the owner/administrator or the market value determined by the city/provincial assessor, whichever is lower, at the time of filing the expropriation complaint.
Immediate Possession and Control (Section 3):
• Upon filing the expropriation petition and depositing the just compensation amount, the government or authorized agency shall immediately have possession, control, and disposition of the real property and improvements, even pending resolution of issues raised in courts.