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    The Honorable Speaker

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    Christine Erno
    The President returned House Bill No. 3759 without his signature. While the objectives to revise the charter of Baguio City are laudable, some provisions impinge on the Department of Environment and Natural Resources' exclusive mandate over alienable and disposable public lands. Section 35 is ambiguous about who can dispose of such lands. Section 36 states proceeds from land sales will go to the city instead of the National Treasury as required by law. Sections 35 and 36 may also conflict with laws governing the Bases Conversion and Development Authority, as proceeds should go to them instead of depriving their programs.

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    The Honorable Speaker

    Uploaded by

    Christine Erno
    22 views2 pages
    The President returned House Bill No. 3759 without his signature. While the objectives to revise the charter of Baguio City are laudable, some provisions impinge on the Department of Environment and Natural Resources' exclusive mandate over alienable and disposable public lands. Section 35 is ambiguous about who can dispose of such lands. Section 36 states proceeds from land sales will go to the city instead of the National Treasury as required by law. Sections 35 and 36 may also conflict with laws governing the Bases Conversion and Development Authority, as proceeds should go to them instead of depriving their programs.

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    The President returned House Bill No. 3759 without his signature. While the objectives to revise the charter of Baguio City are laudable, some provisions impinge on the Department of Environment and Natural Resources' exclusive mandate over alienable and disposable public lands. Section 35 is ambiguous about who can dispose of such lands. Section 36 states proceeds from land sales will go to the city instead of the National Treasury as required by law. Sections 35 and 36 may also conflict with laws governing the Bases Conversion and Development Authority, as proceeds should go to them instead of depriving their programs.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    22 views2 pages

    The Honorable Speaker

    Uploaded by

    Christine Erno
    The President returned House Bill No. 3759 without his signature. While the objectives to revise the charter of Baguio City are laudable, some provisions impinge on the Department of Environment and Natural Resources' exclusive mandate over alienable and disposable public lands. Section 35 is ambiguous about who can dispose of such lands. Section 36 states proceeds from land sales will go to the city instead of the National Treasury as required by law. Sections 35 and 36 may also conflict with laws governing the Bases Conversion and Development Authority, as proceeds should go to them instead of depriving their programs.

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    of 2

    MALACAÑAN PALACE

    MANILA

    17 January 2013

    THE HONORABLE SPEAKER


    and Members of the House of Representatives
    House of Representatives
    Quezon City

    Ladies and Gentlemen:

    Pursuant to Sec. 27(1), Article VI of the Constitution, I am returning herewith


    the enrolled House Bill No. 3759, entitled:

    “AN ACT REVISING THE CHARTER OF BAGUIO CITY,”

    without my signature.

    While the objectives of the bill relating to local governmental powers are
    laudable, the same provisions are all covered by the present Local
    Government Code of 1991.

    It is unusual however, for the city’s charter to contain provisions relating to


    the disposition of alienable and disposable lands.

    The proposed measure contains provisions that impinge on the Department


    of Environment and Natural Resources’ (DENR) exclusive mandate over
    control and supervision of alienable and disposable public lands and run
    counter to the laws governing the disposition of townsite reservations.
    Particularly, Section 35 of the proposed measure is ambiguous as to the
    entity that may dispose of alienable and disposable lands which are
    part of the townsite reservation. Disposition of alienable and disposable
    lands is the exclusive province of a national agency, specifically the DENR.
    When the provision governing the disposition of such lands is unclear as to
    who initiates the selling, the measure may be interpreted as empowering the
    local government of Baguio City to dispose of alienable and disposable lands.
    Thus, the provision conflicts with the DENR’s mandate under the Revised
    Administrative Code, thereby making implementation of the enrolled bill
    difficult. Moreover, Section 36 of the proposed measure states that the
    proceeds from the sale of lands through miscellaneous sales applications
    shall accrue to the city. Section 80 of the Public Land Act (C.A. 141)
    mandates that proceeds from the sale of lands including townsite
    reservations shall accrue to the National Treasury and form part of the
    government’s general funds instead of the city’s treasury.

    Further, Sections 35 and 36 may directly conflict with the provisions of the
    Bases Conversion and Development Act of 1992 (RA 7227) insofar as they
    pertain to disposition of properties already transferred to BCDA by law. All
    proceeds from the disposition of alienable and disposable properties under
    the jurisdicition of the BCDA should accrue to the BCDA. Depriving BCDA of
    these proceeds would adversely impact the thrust of the Conversion
    Authority and deprive the bases conversion program and BCDA stakeholders
    including Baguio, La Trinidad, Itogon, Sablan, Tuba, and Tublay (BLISTT)
    Projects of necessary funding.

    In view of these considerations, I am constrained to veto the


    abovementioned enrolled bill.

    Very truly yours,


    (Sgd.) BENIGNO S. AQUINO III

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