Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaSixteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10752
AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as “The Right-of-Way Act”.
SECTION 2. Declaration of Policy. – Article III, Section 9 of the Constitution states that private property shall not be taken for public use without just compensation. Towards this end, the State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required right-of-way for the projects.
SECTION 3. National Government Projects. – As used in this Act, the term “national government projects” shall refer to all national government infrastructure projects and its public service facilities, engineering works and service...
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Republic Acts
Right of Way Act
Republic Act No. 10752
Summary of Republic Act No. 10752 (The Right-of-Way Act)
Declaration of Policy (Section 2)
- The State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required right-of-way.
National Government Projects (Section 3)
- Refers to all national government infrastructure projects and its public service facilities, engineering works and service contracts, including projects undertaken by government-owned and -controlled corporations, all projects covered by the Build-Operate-and-Transfer Law, and other related activities.
- Local government units may also adopt the provisions of this Act for local government infrastructure projects.
Modes of Acquiring Real Property (Section 4)
- The government may acquire real property needed as right-of-way through donation, negotiated sale, expropriation, or any other mode of acquisition as provided by law.
- Specific provisions for lands granted through The Public Land Act.
- The government may use the subsurface or subterranean portions of private and government lands for infrastructure projects, if entry and use are made more than 50 meters from the surface.
Rules on Negotiated Sale (Section 5)
- The implementing agency shall offer the property owner the sum of: (1) the current market value of the land, (2) the replacement cost of structures and improvements, and (3) the current market value of crops and trees.
- The property owner is given 30 days to decide whether to accept the offer.
- Provisions for owners of structures and improvements who do not have legally recognized rights to the land, but meet certain criteria.
- The implementing agency shall pay taxes and fees related to the transfer of title, except for unpaid real property tax.
- The property owner shall execute a deed of absolute sale and submit necessary documents.
- The implementing agency shall pay the negotiated price in installments.
- Provisions for outstanding claims for right-of-way payments.
Guidelines for Expropriation Proceedings (Section 6)
- The implementing agency shall immediately initiate expropriation proceedings before the proper court.
- The implementing agency shall deposit to the court: (1) 100% of the value of the land based on the current relevant zonal valuation of the BIR, (2) the replacement cost of improvements and structures, and (3) the current market value of crops and trees.
- The court shall immediately issue an order to take possession of the property and start the implementation of the project.
- Provisions for cases where the owner cannot be found, is unknown, or deceased, or there are conflicting claims over ownership.
- Provisions for areas where there is no land classification or zonal valuation.
- The court shall determine the just compensation within 60 days from the date of filing of the expropriation case.
- The implementing agency shall pay taxes and fees related to the transfer of title, except for capital gains tax and unpaid real property tax.
Standards for the Assessment of the Value of the Property Subject to Negotiated Sale (Section 7)
- Relevant standards to be observed in determining the market value of the property, including classification and use, development cost, value declared by owners, selling price of similar lands, disturbance compensation, size, shape, location, tax declaration, zonal valuation, and facts and events to enable rehabilitation.
- The implementing rules and regulations shall include the terms of reference for determining the market value.
Ecological and Environmental Concerns (Section 8)
- The implementing agency shall take into account the ecological and environmental impact of the project, environmental laws, land-use ordinances, and pertinent provisions of the Local Government Code.
Relocation of Informal Settlers (Section 9)
- The government, through the Housing and Urban Development Coordinating Council and the National Housing Authority, in coordination with local government units and implementing agencies, shall establish and develop resettlement sites for informal settlers.
- The court shall issue a writ of demolition for structures within the subject property if informal settlers refuse or are unable to demolish them.
Appropriations for Acquisition of Right-Of-Way Site or Location (Section 10)
- The government shall provide adequate appropriations to cover expenses related to right-of-way acquisition, including cost of surveys and appraisals, compensation for land, structures, improvements, crops and trees, cost of resettlement projects, and related expenses of the implementing agency.
- In public-private partnership projects, the implementing agency may require the project proponent to advance or finance the right-of-way cost.
Regulation of Developments Within Declared Right-of-Way (Section 11)
- Upon approval of an infrastructure project with defined right-of-way, no government agency or local government unit shall, within two (2) years from the date of notice of taking, allow any development or construction, or issue any permit, which is contrary to the approved plans and purposes of the project, within the right-of-way, unless explicitly authorized.
Sanctions (Section 12)
- Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative, civil, or criminal sanctions, including suspension or dismissal from the government service and forfeiture of benefits.
Implementing Rules and Regulations (Section 13)
- A committee composed of various government officials shall prepare the implementing rules and regulations for the proper implementation of this Act within 60 days from its approval.
Transitory Clause (Section 14)
- The provisions of this Act shall apply to all right-of-way transactions, except ongoing transactions which, as of the effectivity of this Act, have been concluded satisfactorily by the parties concerned and who have signed a written agreement as to the price to be paid to the property owner.
Repealing Clause (Section 16)
- Republic Act No. 8974 is hereby repealed, and all other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
Effectivity (Section 17)
- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Declaration of Policy (Section 2)
- The State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required right-of-way.
National Government Projects (Section 3)
- Refers to all national government infrastructure projects and its public service facilities, engineering works and service contracts, including projects undertaken by government-owned and -controlled corporations, all projects covered by the Build-Operate-and-Transfer Law, and other related activities.
- Local government units may also adopt the provisions of this Act for local government infrastructure projects.
Modes of Acquiring Real Property (Section 4)
- The government may acquire real property needed as right-of-way through donation, negotiated sale, expropriation, or any other mode of acquisition as provided by law.
- Specific provisions for lands granted through The Public Land Act.
- The government may use the subsurface or subterranean portions of private and government lands for infrastructure projects, if entry and use are made more than 50 meters from the surface.
Rules on Negotiated Sale (Section 5)
- The implementing agency shall offer the property owner the sum of: (1) the current market value of the land, (2) the replacement cost of structures and improvements, and (3) the current market value of crops and trees.
- The property owner is given 30 days to decide whether to accept the offer.
- Provisions for owners of structures and improvements who do not have legally recognized rights to the land, but meet certain criteria.
- The implementing agency shall pay taxes and fees related to the transfer of title, except for unpaid real property tax.
- The property owner shall execute a deed of absolute sale and submit necessary documents.
- The implementing agency shall pay the negotiated price in installments.
- Provisions for outstanding claims for right-of-way payments.
Guidelines for Expropriation Proceedings (Section 6)
- The implementing agency shall immediately initiate expropriation proceedings before the proper court.
- The implementing agency shall deposit to the court: (1) 100% of the value of the land based on the current relevant zonal valuation of the BIR, (2) the replacement cost of improvements and structures, and (3) the current market value of crops and trees.
- The court shall immediately issue an order to take possession of the property and start the implementation of the project.
- Provisions for cases where the owner cannot be found, is unknown, or deceased, or there are conflicting claims over ownership.
- Provisions for areas where there is no land classification or zonal valuation.
- The court shall determine the just compensation within 60 days from the date of filing of the expropriation case.
- The implementing agency shall pay taxes and fees related to the transfer of title, except for capital gains tax and unpaid real property tax.
Standards for the Assessment of the Value of the Property Subject to Negotiated Sale (Section 7)
- Relevant standards to be observed in determining the market value of the property, including classification and use, development cost, value declared by owners, selling price of similar lands, disturbance compensation, size, shape, location, tax declaration, zonal valuation, and facts and events to enable rehabilitation.
- The implementing rules and regulations shall include the terms of reference for determining the market value.
Ecological and Environmental Concerns (Section 8)
- The implementing agency shall take into account the ecological and environmental impact of the project, environmental laws, land-use ordinances, and pertinent provisions of the Local Government Code.
Relocation of Informal Settlers (Section 9)
- The government, through the Housing and Urban Development Coordinating Council and the National Housing Authority, in coordination with local government units and implementing agencies, shall establish and develop resettlement sites for informal settlers.
- The court shall issue a writ of demolition for structures within the subject property if informal settlers refuse or are unable to demolish them.
Appropriations for Acquisition of Right-Of-Way Site or Location (Section 10)
- The government shall provide adequate appropriations to cover expenses related to right-of-way acquisition, including cost of surveys and appraisals, compensation for land, structures, improvements, crops and trees, cost of resettlement projects, and related expenses of the implementing agency.
- In public-private partnership projects, the implementing agency may require the project proponent to advance or finance the right-of-way cost.
Regulation of Developments Within Declared Right-of-Way (Section 11)
- Upon approval of an infrastructure project with defined right-of-way, no government agency or local government unit shall, within two (2) years from the date of notice of taking, allow any development or construction, or issue any permit, which is contrary to the approved plans and purposes of the project, within the right-of-way, unless explicitly authorized.
Sanctions (Section 12)
- Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative, civil, or criminal sanctions, including suspension or dismissal from the government service and forfeiture of benefits.
Implementing Rules and Regulations (Section 13)
- A committee composed of various government officials shall prepare the implementing rules and regulations for the proper implementation of this Act within 60 days from its approval.
Transitory Clause (Section 14)
- The provisions of this Act shall apply to all right-of-way transactions, except ongoing transactions which, as of the effectivity of this Act, have been concluded satisfactorily by the parties concerned and who have signed a written agreement as to the price to be paid to the property owner.
Repealing Clause (Section 16)
- Republic Act No. 8974 is hereby repealed, and all other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
Effectivity (Section 17)
- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.