Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO.________
Introduced by REP. BERNADETTE HERRERA
AN ACT AMENDING REPUBLIC ACT NO. 10752, ENTITLED AN ACT
FACILITATING THE ACQUISITION OF RIGHT-OF-WAY, SITE, OR LOCATION FOR
NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS
EXPLANATORY NOTE
The current right-of-way (ROW) Law, Republic Act (RA) No. 10752, has significantly
facilitated the acquisition of ROW for infrastructure projects. There is a need, however, to amend
this law to further expedite the implementation of infrastructure projects, as well as to provide
clearer, fairer, and simpler terms for ROW acquisition for both property owners and the
Government, as follows:
a.
Section 4 of RA 10752 provides for the acquisition of lands under Commonwealth Act (CA)
141 (Public Lands Act) for ROW. This is proposed to be amended to (i) include cases of
lands under CA 141, where the landowner is the original patent holder or has acquired the
land from the original patent holder through a gratuitous title, and has actually continuously
occupied and made productive use of at least 20% of the land for at least the last ten years,
and (ii) lands with titles under RA 10023 (Residential Free Patent Law),
b. In Section 4, a new provision is proposed requiring, prior to actual ROW acquisition, the
preparation of a ROW Action Plan (RAP) that includes a census of affected persons,
inventory of affected assets, estimated ROW costs, including compensation for affected land,
structures
and
improvements,
crops
and
trees,
relocation
assistance,
schedule
of
implementation, institutional arrangements, and proof of stakeholder consultations. The
absence of such RAP has resulted in many issues during actual ROW acquisition, such as
eligible persons to be compensated, valuation of properties, manner of compensation,
documentary requirements, and agency budget shortfalls, which ultimately delay and
complicate the entire ROW process.
c.
In Section 4, for subterranean properties to be used for infrastructure projects, the Bill
reduces the depth beyond which the Government will not be prevented from using the
properties, from the current 50 meters to 40 meters. The 50-meter threshold is excessive and
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3:55 pm
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would make civil works and ROW costs prohibitive for most underground projects. This is
because, in the Philippines, buildings, including their basements and foundations, do not
generally extend deeper than 40 meters. For reference, Japan’s laws allow underground
works below 40 meters.
The Bill also provides that, for subterranean projects, no compensation shall be paid by the
Government for the use of portions of lands deeper than 40 meters from the surface, except
for the cost of existing structures affected by the projects. Portions of such lands and
structures within 40 meters from the surface, however, shall be compensated.
d. There is no provision in RA 10752 concerning ROW for areas within ancestral domain
occupied by indigenous peoples. Thus, in Section 4, this Bill proposes that, in the case of
lands within ancestral domains with certificates of ancestral domain title (CADTs) or lands
with pending CADTs which the National Commission on Indigenous Peoples (NCIP)
confirms as ancestral domain, an infrastructure ROW easement agreement shall be executed
between the implementing agency and the NCIP-certified indigenous political structure as
provided for in RA 8371 (Indigenous People’s Rights or IPRA of 1997).  Under this, the
indigenous
cultural
communities
(ICCs)/indigenous
peoples
(IPPs)
shall
grant
the
implementing agency the right to use the affected portion of their ancestral domain as ROW
as long as the public purpose requirement subsists, but the ICCs/IPPs shall retain ownership
of that portion of the land. For ICCs or IPs with no established indigenous political structure,
provisions of the IPRA on the process of free and prior informed consent shall be observed.
e.
In Section 4, this Bill proposes that, for foreign-assisted projects under Official Development
Assistance (ODA), the guidelines and procedures concerning ROW acquisition under the
loan or grant agreement signed and executed by the Government of the Philippines and the
ODA institution shall be observed.
f.
For negotiated sale, Section 5 provides that the compensation of the land shall be its current
market value or the BIR zonal value, whichever is higher.
g. Section 5 of RA 10752 requires that Independent Property Appraisers (IPAs) be accredited
by the Bangko Sentral ng Pilipinas (BSP) or by a professional association of appraisers
recognized by the BSP. Such accreditation, however, is not part of the BSP’s core mandate.
This has hampered the engagement of IPAs by implementing agencies. Thus, this Bill
proposes to do away with the accreditation by the BSP of IPAs. Instead, the bill simply
requires that IPAs be licensed by the Professional Regulation Commission and registered
with the Professional Regulatory Board of Real Estate Service, since these are the Agencies
that regulate property appraisal services. This will encourage the participation of more IPAs
in property appraisal.
h. Section 5 of RA 10752 also provides that owners of structures and improvements who do not
have legally recognized rights to the land – i.e., informal settlers – may be compensated for
the replacement cost of such structures and improvements if they meet three criteria – viz.,
must be Filipino citizens, must not own any real property or housing facility, and must not be
professional squatters or members of squatting syndicates. The Bill adds a fourth criterion
(now in the Implementing Rules and Regulations or IRR) - i.e., that the owners must not
2


occupy an existing government ROW; this will discourage illegal encroachment. The Bill
also
applies this to all types of land, government and private, acquired for infrastructure
ROW.
i.
Section 5 of RA 10752 is further to be amended by clarifying that, in negotiated sale, the
implementing agency shall pay, for account of the seller, the capital gains tax for capital
assets, while adding that the agency shall pay, for the account of the seller, the value added
tax and expanded withholding tax for ordinary assets.
j.
Also, Section 5 is to be amended to provide that, instead of the current 50%, 100% of the
negotiated price of the land shall be immediately paid by the implementing agency to the
owner upon execution of the deed of sale, provided that the title to the land is clean, free of
encumbrances, and readily transferable to the name of the Republic, or in the case of untitled
lands, that the Tax Declaration showing the owner’s/predecessors’ continuous possession of
the land for at least 30 years. This will financially help the owner to quickly relocate to
another property and will expedite project implementation.
k. Furthermore, Section 5 will be amended so that subparagraph (a) shall also apply to
outstanding claims for right-of-way payments, except that the amount to be offered shall be
the BIR Zonal Value – instead of the price - at the time of taking of the property, including
legal interest until fully paid. It is very difficult to backtrack the market value for properties
with outstanding claims, especially those that are several decades ago.
l.
Section 6, Guidelines for Expropriation Proceedings, is proposed to be amended as follows:
(2) The replacement cost at current market value of the improvements and/or structures as
determined by either of the following - instead of all of them which is impractical:
(i) The implementing agency; OR
(ii) A government financial institution with adequate experience in property appraisal;
OR
(iii) An independent property appraiser, selected in accordance with subparagraph (a)
of Section 5 hereof, that must possess the license required for a Real Estate Appraiser
by the Professional Regulation Commission and be Registered with the Professional
Regulatory Board of Real Estate Service pursuant to Republic Act No. 9646.
m. There are instances when the Commission on Audit questions the use of funds for necessary
ROW expenses since these are not spelled out in the appropriations section of RA 10752.
Thus, Section 10 will redefine and expand the eligible expenses for ROW activities.
n. Minor updating/refinements are proposed in Sections 9 (Relocation of Informal Settlers) and
11 (Regulation of Developments within ROW).
o. The IRR Committee in Section 13 is proposed to be amended to include the Secretaries of the
Departments of Information and Communications Technology, Environment and Natural
3


Resources, Agriculture, Interior and Local Government, Finance, and Human Settlements
and Urban Development.
Early approval of this measure is earnestly sought.
BERNADETTE “BH” HERRERA
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO.________
Introduced by REP. BERNADETTE HERRERA
AN ACT AMENDING REPUBLIC ACT NO. 10752, ENTITLED AN ACT
FACILITATING THE ACQUISITION OF RIGHT-OF-WAY, SITE, OR LOCATION FOR
NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Section 4 of Republic Act No. 10752 is hereby amended to read as follows:
“SEC. 4. Modes of Acquiring Real Property. – The government may acquire real property
needed as right-of-way, site or location for any national government infrastructure project
through donation, negotiated sale, expropriation or any other mode of acquisition as provided by
law.
“In cases of lands granted through Commonwealth Act 141 (PUBLIC LAND ACT) and its
amendments and Republic Act No. 10023 (RESIDENTIAL FREE PATENT LAW), the
implementing agency shall:
“(a) Follow the other modes of acquisition enumerated in this Act, if the landowner is not
the original patent holder, and any previous acquisition of said land is not through a
gratuitous title; or
“(B) FOLLOW THE MODES OF ACQUISITION PROVIDED IN THIS ACT IF THE
LANDOWNER  IS THE ORIGINAL PATENT HOLDER OR HAS ACQUIRED
THE
LAND
FROM
THE
ORIGINAL
PATENT
HOLDER
THROUGH A
GRATUITOUS TITLE, AND HAS ACTUALLY CONTINUOUSLY
OCCUPIED
AND MADE PRODUCTIVE USE OF AT LEAST TWENTY PERCENT (20%) OF
THE LAND FOR AT LEAST THE LAST TEN (10) YEARS; OR
“(C)
Follow the provisions under Commonwealth Act 141 regarding acquisition of
right-of-way on patent lands UNDER THE SAID ACT, if the landowner is the
original patent holder or the acquisition of the land from the original patent holder is
through a gratuitous title; OR
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(D) FOLLOW THE MODES OF ACQUISITION PROVIDED IN THIS ACT, IF THE
LANDOWNER HAS A VALID TITLE UNDER REPUBLIC ACT NO. 10023.
“The implementing agency may utilize donation or similar mode of acquisition if the
landowner is a government-owned or government-controlled corporation.
“PRIOR
TO
THE
ACQUISITION
OF
PROPERTIES
TO
BE
USED
AS
RIGHT-OF-WAY
FOR
AN
INFRASTRUCTURE PROJECT, THE IMPLEMENTING
AGENCY SHALL PREPARE A RIGHT-OF-WAY ACTION PLAN (RAP). THE RAP SHALL
CONTAIN A CENSUS AND PROFILE OF AFFECTED PERSONS, INVENTORY OF
AFFECTED
ASSETS,
ESTIMATED
RIGHT-OF-WAY
COSTS,
INCLUDING
COMPENSATION FOR AFFECTED LAND, STRUCTURES AND IMPROVEMENTS,
CROPS
AND
TREES,
RELOCATION
ASSISTANCE,
SCHEDULE
OF
IMPLEMENTATION,
INSTITUTIONAL
ARRANGEMENTS,
AND
PROOF
OF
STAKEHOLDER CONSULTATIONS.
“When it is necessary to build, construct, or install on the subsurface or subterranean
portion of private and government owned lands owned, occupied or leased by other persons,
such infrastructure as subways, tunnels, underpasses, waterways, floodways, or utility facilities
as part of the government’s infrastructure and development project, the government or any of its
authorized representatives shall not be prevented from entry into and use of such private and
government lands by surface owners or occupants, if such entry and use are made more than
FORTY (40) meters from the surface.
“FOR SUBTERRANEAN INFRASTRUCTURE PROJECTS, NO COMPENSATION
SHALL BE PAID BY THE GOVERNMENT FOR THE USE OF PORTIONS OF SUCH
LANDS DEEPER THAN FORTY (40) METERS FROM THE SURFACE, EXCEPT FOR
THE COST OF EXISTING STRUCTURES THEREIN THAT ARE AFFECTED BY THE
PROJECTS. PORTIONS OF SUCH LANDS AND STRUCTURES WITHIN A DEPTH OF
FORTY (40) METERS FROM THE SURFACE, HOWEVER, SHALL BE COMPENSATED
IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT.
“IN THE CASE OF ACQUISITION OF LANDS WITHIN ANCESTRAL DOMAINS
COVERED BY CERTIFICATES OF ANCESTRAL DOMAIN TITLE (CADT) OR LANDS
WITH PENDING ISSUANCE OF THE CADT WHICH THE NATIONAL COMMISSION
ON INDIGENOUS PEOPLES (NCIP) CONFIRMS AS ANCESTRAL DOMAIN, THE
IMPLEMENTING AGENCY SHALL SECURE THE NECESSARY CERTIFICATION
PRECONDITION,
AFTER
WHICH
AN
INFRASTRUCTURE RIGHT-OF-WAY
EASEMENT
AGREEMENT
SHALL
BE
EXECUTED
BY
AND BETWEEN
THE
IMPLEMENTING AGENCY AND THE NCIP-CERTIFIED INDIGENOUS POLITICAL
STRUCTURE AS PROVIDED FOR IN REPUBLIC ACT NO. 8371 (INDIGENOUS
PEOPLE’S RIGHTS ACT OR IPRA OF 1997).  UNDER THIS MODE, THE INDIGENOUS
CULTURAL
COMMUNITIES/INDIGENOUS
PEOPLES
SHALL
GRANT
THE
IMPLEMENTING AGENCY THE ABSOLUTE AND UNIMPEDED RIGHT TO USE THE
AFFECTED PORTION OF THEIR ANCESTRAL DOMAIN AS INFRASTRUCTURE
RIGHT-OF-WAY
FOR
AS
LONG
AS
THE
PUBLIC
PURPOSE
REQUIREMENT
6


SUBSISTS,
BUT
THE INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS
PEOPLES SHALL RETAIN OWNERSHIP OF THAT PORTION OF THE LAND. FOR
INDIGENOUS
CULTURAL
COMMUNITIES/INDIGENOUS
PEOPLES
WITH
NO
ESTABLISHED INDIGENOUS POLITICAL STRUCTURE, THE PROVISIONS OF THE
IPRA ON THE PROCESS OF FREE AND PRIOR INFORMED CONSENT SHALL BE
OBSERVED.
“FOR
FOREIGN-ASSISTED
PROJECTS
WITH
OFFICIAL
DEVELOPMENT
ASSISTANCE,
NOTWITHSTANDING
THE
PROVISIONS
OF
THIS
ACT,
THE
GUIDELINES AND PROCEDURES CONCERNING RIGHT-OF-WAY ACQUISITION
UNDER THE APPROVED LOAN OR GRANT AGREEMENT SIGNED AND EXECUTED
BY
THE
GOVERNMENT
OF
THE
PHILIPPINES
AND
THE
OFFICIAL
DEVELOPMENT ASSISTANCE INSTITUTION SHALL BE OBSERVED.”
SEC. 2. Section 5 of Republic Act No. 10752 is hereby amended to read as follows:
“SEC. 5. Rules on Negotiated Sale. – The implementing agency may offer to acquire,
through negotiated sale, the right-of-way, site or location for a national government
infrastructure project, under the following rules:
“(a) The implementing agency shall offer to the property owner, as compensation price, the
sum of:
“(1) The current market value of the land OR THE APPLICABLE ZONAL VALUE
SET BY THE BUREAU OF INTERNAL REVENUE, WHICHEVER IS HIGHER;
“2)
The
replacement
cost
of
structures
and
improvements,
INCLUDING
MACHINERY, therein; and
“(3) The current market value of crops and trees therein,
“To determine the appropriate price offer, the implementing agency may engage the services
of a government financial institution with adequate experience in property appraisal, or an
independent property appraiser accredited by the Bangko Sentral ng Pilipinas (BSP) or a
professional association of appraisers recognized by BSP. THE INDEPENDENT
PROPERTY APPRAISER MUST POSSESS THE LICENSE REQUIRED FOR A
REAL
ESTATE
APPRAISER
BY
THE
PROFESSIONAL
REGULATION
COMMISSION AND MUST BE REGISTERED WITH THE PROFESSIONAL
REGULATORY BOARD OF REAL ESTATE SERVICE, PURSUANT TO REPUBLIC
ACT NO. 9646 (REAL ESTATE SERVICE ACT OF THE PHILIPPINES, 2009). THE
INDEPENDENT PROPERTY APPRAISER SHALL to be procured, EITHER BY
ITSELF OR AS PART OF A CONSULTING GROUP, by the implementing agency under
the provisions of Republic Act No. 9184, otherwise known as the “Government
Procurement Reform Act” and its implementing rules and regulations pertaining to
consulting services.
7


“If the property owner does not accept the price offer, the implementing agency shall
initiate expropriation proceedings pursuant to Section 6 hereof.
“The property owner is given thirty (30) days to decide whether or not to accept the offer
as payment for his property. Upon refusal or failure of the property owner to accept such
offer or fails or refuses to submit the documents necessary for payments, the implementing
agency shall immediately initiate expropriation proceedings as provided in Section 6
herein.
“(b) Subparagraph a(2) of Section 5 shall also apply to all owners of structures and
improvements, who do not have legally recognized rights to the land OF ALL TYPES,
WHETHER GOVERNMENT OR PRIVATE, ACQUIRED AS RIGHT-OF-WAY FOR
INRASTRUCTURE PROJECTS, and who meet all of the following criteria:
“(1) Must be a Filipino citizen;
“(2) Must not own any real property or any other housing facility, whether in an
urban or rural area;
“(3) Must not be a professional squatter or a member of a squatting syndicate, as
defined in Republic Act No. 7279, otherwise known as the “Urban Development and
Housing Act of 1992.; and
“(4)
MUST NOT OCCUPY ANY EXISTING RIGHT-OF WAY OF THE
GOVERNMENT.
“(c) With regard to the taxes and fees relative to the transfer of title of the property to the
Republic of the Philippine through negotiated sale, the implementing agency shall pay, for
account of the seller, the capital gains tax FOR CAPITAL ASSETS, OR VALUE ADDED
TAX AND EXPANDED WITHHOLDING TAX FOR ORDINARY ASSETS. THE
IMPLEMENTING AGENCY SHALL ALSO PAY the documentary stamp tax, transfer tax
and registration fees. The owner shall pay any unpaid real property tax.
“(d) If requested by the property owner, the implementing agency shall remit to the LGU
concerned the amount corresponding any unpaid real property tax, subject to deduction of
this amount from the total negotiated price: Provided, however, That the said amount is not
more than the negotiated price.
“(e) The property owner and the implementing agency shall execute a Deed of Absolute
Sale: Provided, That the property owner has submitted to the implementing agency the
Transfer Certificate of Title, Tax Declaration, Real Property Tax Certificate, and other
documents necessary to transfer the title to the Republic of the Philippines. The
implementing agency shall cause the annotation of the Deed of Absolute Sale on the
Transfer Certificate of Title.
8


“(f) Upon the execution of a Deed of Sale, the implementing agency shall pay the property
owner:
“(1A) ONE HUNDRED percent (100%) of the negotiated price of the affected land,
exclusive of taxes remitted to the LGU under subparagraph (d) herein, PROVIDED
THAT THE TITLE TO THE LAND IS CLEAN, FREE OF ENCUMBRANCES,
AND READILY TRANSFERABLE TO THE NAME OF THE REPUBLIC OF
THE PHILIPPINES, OR IN THE CASE OF UNTITLED LANDS, THAT THE
TAX
DECLARATION
SHOWING
THE
LANDOWNER’S
AND
HIS
PREDECESSORS’ OPEN AND CONTINUOUS POSSESSION OF THE LAND
FOR AT LEAST THIRTY (30) YEARS; OR
“(1B) FOR LANDS WITH LIEN, OR IN CASES WHERE THE OWNER IS
DECEASED AND THE HEIRS ARE IN THE PROCESS OF SETTLING THE
ESTATE, FIFTY PERCENT (50%) OF THE NEGOTIATED PRICE OF THE
AFFECTED LAND, EXCLUSIVE OF TAXES REMITTED TO THE LGU
UNDER SUBPARAGRAPH (D) HEREIN; and
“(2) Seventy percent (70%) of the negotiated price of the affected structures,
improvements INCLUDING MACHINERY, crops and trees, exclusive of unpaid
taxes remitted to the LGU under subparagraph (d) herein.
“(g) The implementing agency shall, at the times stated below, pay the property owner the
remaining fifty percent (50%) of the negotiated price of the affected land UNDER
SUBPARAGRAPH (F)-(IA) HEREIN, and thirty percent (30%) of the affected structures,
improvements INCLUDING MACHINERY, crops and trees, exclusive of unpaid taxes
remitted to the LGU concerned under subparagraph (d) herein; Provided, That the land is
already completely cleared of structures, improvements, crops and trees.
“(1) At the time of the transfer of title in the name of the Republic of the Philippines, in
cases where the land is wholly affected; or
“(2) At the time of the annotation of a deed of sale on the title, in cases where the land
is partially affected.
“The provisions of subparagraph (a) herein shall also apply to outstanding claims for
right-of-way payments, except that the amount to be offered shall be the BIR ZONAL VALUE
at the time of taking of the property, including legal interest until fully paid.
SEC. 3. The first paragraph of Section 6 of Republic Act No. 10752 is hereby amended
to read as follows:
“SEC. 6. Guidelines for Expropriation Proceedings. – Whenever it is necessary to acquire
real property for the right-of–way, site or location for any national government infrastructure
through expropriation, the appropriate implementing agency, through the Office of the Solicitor
General, the Office of the Government Corporate Counsel, or their deputized government or
9


private legal counsel, shall initiate the expropriation proceedings before the proper court under
the following guidelines:
“(a) Upon the filing of the complaint or at any time thereafter, and after due notice to the
defendant, the implementing agency shall immediately deposit to the court in favor of the
owner the amount equivalent to the sum of:
“(1) One hundred per cent (100%) of the value of the land based on the current
relevant zonal valuation of the Bureau of Internal Revenue (BIR), issued not more
than three (3) years prior to the filing of the expropriation complaint subject to
subparagraph (c) of this Section;
“(2) The replacement cost at current market value of the improvements and/or
structures as determined by:
“(i)
The implementing agency; OR
“(ii)
A government financial institution with adequate experience in property
appraisal; OR
“(iii) An independent property appraiser, SELECTED IN ACCORDANCE
WITH SUBPARAGRAPH (A) OF SECTION 5 HEREOF, THAT MUST
POSSESS THE LICENSE REQUIRED FOR A REAL ESTATE APPRAISER
BY
THE
PROFESSIONAL
REGULATION
COMMISSION
AND
BE
REGISTERED WITH THE PROFESSIONAL REGULATORY BOARD OF
REAL ESTATE SERVICE PURSUANT TO REPUBLIC ACT NO. 9646
(REAL ESTATE SERVICE ACT OF THE PHILIPPINES, 2009).
“(3) The current market value of crops and trees located within the property as
determined by the government financial institution or an independent property
appraiser to be selected as indicated in subparagraph (a) of Section 5 hereof, OR
RELEVANT GOVERNMENT AGENCY.
SEC. 4. The first paragraph of Section 9 of Republic Act No. 10752 is hereby amended to
read as follows:
“SEC. 9. Relocation of Informal Settlers. – The DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (DHSUD), THROUGH THE APPROPRIATE KEY SHELTER
AGENCY, in coordination with the local government units and implementing agencies
concerned, shall establish and develop resettlement sites for informal settlers, including the
provision of adequate basic services and community facilities, in anticipation of informal settlers
that have to be removed from the right-of-way or site of future infrastructure projects, pursuant
to the provisions of the Republic Act No. 7279, otherwise known as the “Urban Development
and Housing Act of 1992.” Whenever applicable, the concerned local government units shall
provide and administer the resettlement sites.
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SEC. 5. The first paragraph of Section 10 of Republic Act No. 10752 is hereby amended to
read as follows:
“SEC. 10. Appropriations for Acquisition of Right-of-Way, Site or Location for National
Government Infrastructure Projects in Advance of Project Implementation. – The government
shall provide adequate appropriations that will allow the concerned implementing agencies to
acquire the required right-of-way, site or location for national government infrastructure projects
in advance of project implementation. These appropriations shall cover the funds needed to
cover the following expenses for activities directly related to right-of-way acquisition for the
projects as provided in this Act:
“(a) Cost of parcellary surveys and appraisal of properties affected by the projects;
“(B) PREPARATION,
VALIDATION
OF
A
RIGHT-OF-WAY
ACTION
PLAN,
INCLUDING LIVELIHOOD RESTORATION AND IMPROVEMENT;
“(C)
COST OF PREPARATION OF APPROPRIATE ENVIRONMENTAL IMPACT
ASSESSMENT (EIA) REPORT AND OTHER ACTIVITIES IN SECURING
ENVIRONMENTAL
COMPLIANCE
CERTIFICATE
(ECC),
INCLUDING
PROCESSING FEES, REVIEW, MONITORING, AND GUARANTEE FUNDS;
“(D) COMPENSATION FOR THE PROJECT-AFFECTED LAND, STRUCTURES
AND
IMPROVEMENTS
INCLUDING
MACHINERY,
AND
CROPS
AND
TREES; AND
“(E)Related expenses of the implementing agency, including capital gains tax in the case
of negotiated sale under Section 5 hereof, documentary stamp tax, transfer tax and
registration
fees
for
the
transfer
of
titles,
EXPROPRIATION-RELATED
EXPENSES,
and
other
relevant
administrative
expenses
for
right-of-way
management.
SEC. 6. Section 11 of Republic Act No. 10752 is hereby amended to read as follows:
“SEC. 11. Regulation of Developments within Declared Right-of-Way. – Upon the
approval of an infrastructure project by the head of the implementing agency concerned, with
funding authorized in the General Appropriations Act and with APPROVED PARCELLARY
SURVEY PLANS, no National Government Agency or Local Government Unit shall, within
two years from date of notice of taking, allow any development or construction, or issue any
building, construction, development or business permit, which is contrary to the approved plans
and purposes of the project, within the said right-of-way, unless explicitly authorized by the head
of the implementing agency for justifiable reasons. THE IMPLEMENTING AGENCY SHALL
PROVIDE THE CONCERNED NATIONAL AGENCIES AND LGUS A COPY OF THE
NOTICE OF TAKING UPON ITS ISSUANCE.
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SEC. 7. Section 131 of Republic Act No. 10752 is hereby amended to read as follows:
“SEC. 13. Implementing Rules and Regulations (IRR). – A committee shall prepare, in
consultation with key stakeholders, the IRR for the proper implementation of this Act within
sixty (60) days from its approval.
“The committee shall be composed of the following officials or their duly designated
representatives:
“(a) The Secretary of the Department of Public Works and Highways as Chairperson;
“(b) The Secretary of the Department of Transportation as member;
“(c) The Secretary of the Department of Energy as member;
“(D)
THE
SECRETARY
OF THE DEPARTMENT OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY AS MEMBER;
“(E) THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES AS MEMBER;
(F)  THE SECRETARY OF THE DEPARTMENT OF AGRICULTURE AS MEMBER;
(G) THE SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT AS MEMBER;
(H) THE SECRETARY OF THE DEPARTMENT OF FINANCE AS MEMBER;
(I) The Secretary of the Department of Justice as member;
“(J) The Secretary of the Department of Budget and Management as member;
“(K) The Director General of the National Economic and Development Authority as
member;
“(L) The Chairman of the HUDCC SECRETARY OF THE DEPARTMENT OF HUMAN
SETTLEMENTS AND URBAN DEVELOPMENT as member; and
“(M) Other representatives of concerned entities as determined by the committee as
members.”
SEC. 8. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.
SEC. 9.
Separability Clause. – If any provision of this Act is held invalid, the other
provisions not affected thereby shall continue in operation.
12


SEC. 10. Effectivity. –This Act shall take effect fifteen (15) days following its publication in
at least two (2) newspapers of general circulation.
Approved.
13