NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
SENATE
s. No. 2769
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24 AUG “7 P2 36
RECEiVi:0 3\,
Introduced by Senator MARK A. VILLAR
AN ACT
PROVIDING ADDITIONAL GUIDELINES IN THE ACQUISITION OF RIGHT- 
OF-WAY, SITE, OR LOCATION FOR NATIONAL GOVERNMENT 
INFRASTRUCTURE PROJECTS, AMENDING FOR THE PURPOSE REPUBLIC 
ACT NO. 10752, OTHERWISE KNOWN AS "THE RIGHT-OF-WAY ACT"
EXPLANATORY NOTE
In 2015, Republic Act No. 9993, otherwise known as "The Right-of-Way Act" 
(ROW Act), breathed life to the constitutional mandate that private property shall not 
be taken for public use without just compensation. The ROW Act aims to 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.
Considered as a game changer in facilitating ROW-related processes for 
government infrastructure projects, the Department of Public Works and Highways 
(DPWH) issued several Department Orders based on the ROW Act which, among other 
things, served as a working guide on the rules, procedures, and formats to be used 
by its different offices involved in ROW acquisition, settlement of claims, expropriation 
cases and properties covered by ancestral domain. As a result, several high impact 
"Build, Build, Build" infrastructure projects, such as the Metro Manila Skyway Stage 3, 
NLEX Harbor Link Segment 10 and NLEX-SLEX Connector Road.
Nevertheless, the current law overlooked some critical aspects which caused 
some delays in the implementation of government infrastructure projects and is 
unresponsive to the needs of implementing agencies. Specifically, the law requires


that determination of appropriate price offer, the implementing agency may engage 
the services of a government financial institution (GFI) with adequate experience in 
property appraisal, or an independent property appraiser accredited by the Bangko 
Sentral ng Pilipinas (BSP). Such is problematic since this is not a core function of the 
BSP.
This bill aims to address the gaps in the present law and to adopt the measures 
employed by DPWH on ROW acquisition. The measure seeks to institutionalize Right- 
of-Way Action Plan (RAP) to minimize issues such as proper identification of eligible 
persons to be compensated during actual ROW acquisition, hence, facilitate project 
execution. In addition, the bill provides for a prescription of outstanding claims for 
ROW payments.
Further, there will be a simplified and expedited process in determining the 
appropriate price offer by removing BSP accreditation requirement of independent 
property appraisers (IPA) or GFI. Finally, the provisions of Republic Act No. 12002, 
otherwise known as the "Real Property Valuation and Assessment Reform Act" 
(RPVARA), will now be incorporated in the law.
Immediate passage of this bill is earnestly sought.
MARK A. VILLAR


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
SENATE 
No. ^
INDEX
Introduced by Senator MARK A. VILLAR
AN ACT
PROVIDING ADDITIONAL GUIDELINES IN THE ACQUISITION OF RIGHT- 
OF-WAY, SITE, OR LOCATION FOR NATIONAL GOVERNMENT 
INFRASTRUCTURE PROJECTS, AMENDING FOR THE PURPOSE REPUBLIC 
ACT NO. 10752, OTHERWISE KNOWN AS "THE RIGHT-OF-WAY ACT"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Sec. 1. Section 4 of Republic Act No. 10752 is hereby amended to read as
2 
follows:
3 
Sec. 4. Modes of Acquiring Real Property - The government may acquire real
4 
property needed as right-of-way, site or location for any national government
5 
infrastructure project through donation, negotiated sale, expropriation or any other
6 
mode of acquisition as provided for by law.
7 
Sec. 5. PREPARATION OF RIGHT-OF-WAY ACTION PLAN. - PRIOR TO
8 
THE ACQUISITION OF PROPERTIES TO BE USED AS RIGHT-OF-WAY FOR AN
9 
INFRASTRUCTURE PROJECT, THE IMPLEMENTING AGENCY SHALL
10 
PREPARE A RIGHT-OF-WAY ACTION PLAN (RAP). THE RAP SHALL CONTAIN
11 
THE FOLLOWING:
12 
(A) CENSUS AND PROFILE OF AFFECTED PERSONS.
13 
(B) INVENTORY OF AFFECTED ASSETS.
14 
(C) ESTIMATED RIGHT-OF-WAY COSTS, INCLUDING COMPENSATION
15 
FOR AFFECTED LAND, STRUCTURES AND IMPROVEMENTS, CROPS AND
16 
TREES, AND OTHER ENTITLEMENTS TO PROJECT-AFFECTED PERSONS.
17 
(D) SCHEDULE OF IMPLEMENTATION.
18 
(E) INSTITUTIONAL ARRANGEMENTS.
19 
(F) PROOF OF STAKEHOLDER CONSULTATIONS.


1 
Sec. 6. LANDS GRANTED UNDER COMMONWEALTH ACT NO. 141 AND
2 
REPUBLIC ACT NO. 10023. - In case of lands granted through Commonwealth Act
3 
No. 141, as amended, otherwise known as "The Public Land Act," AND REPUBLIC
4 
ACT NO. 10023, OTHERWISE KNOWN AS "THE RESIDENTIAL FREE PATENT
5 
ACT," the implementing agency shall:
6 
(a) Follow the other modes of acquisition enumerated in this Act, if the landowner
7 
is not the original patent holder and any previous acquisition of said land is not through
8 
a gratuitous title; or
9 
(B) FOLLOW THE MODES OF ACQUISITION PROVIDED FOR IN THIS
10 
ACT, IF THE LANDOWNER IS THE ORIGINAL PATENT HOLDER OR HAS
11 
ACQUIRED THE LAND FROM THE ORIGINAL PATENT HOLDER THROUGH A
12 
GRATUITOUS TITLE, AND HAS ACTUALLY CONTINUOUSLY OCCUPIED
13 
AND MADE PRODUCTIVE USE OF AT LEAST TWENTY PERCENT (20%) OF
14 
THE LAND FOR THE LAST TWENTY (20) YEARS; OR
15 
(b)(C) Follow the provisions under Commonwealth Act 141, as amended,
16 
regarding acquisition of right-of-way on patent lands, if the landowner is the original
17 
patent holder or the acquisition of the land from the original patent holder is through
18 
a gratuitous title; OR
19 
(€}(d) follow the modes of acquisition provided for in this
20 
ACT, IF THE LANDOWNER HAS A VALID TITLE UNDER R.A. No. 10023. The
21 
implementing agency may utilize donation or similar mode of acquisition if the
22 
landowner is a government-owned or government-controlled corporation.
23 
Sec. 7. SUBTERRANEAN PROPERTIES. - When it is necessary to build,
24 
construct, or install on the subsurface or subterranean portion of private and
25 
government-owned lands owned, occupied or leased by other persons, such
26 
infrastructure as subways, tunnels, underpasses, waterways, floodways, or utility
27 
facilities as part of the government's infrastructure and development project, the
28 
government or any of its authorized representatives shall not be prevented from entry
29 
into and use of such private and government lands by surface owners or occupants,
30 
if such entry and use are made more than fifty (50) FORTY (40) meters from the
31 
surface.


1 
FOR SUBTERRANEAN INFRASTRUCTURE PROJECTS, THE
2 
GOVERNMENT SHALL ONLY PAY COMPENSATION FOR THE USE OF
3 
PORTIONS OF SUCH LANDS AND STRUCTURES WITHIN A DEPTH OF FORTY
4 
(40) METERS FROM THE SURFACE, EXCEPT FOR THE COST OF EXISTING
5 
STRUCTURES THEREIN THAT ARE AFFECTED BY THE PROJECTS.
6 
IF THE NATIONAL GOVERNMENT PROJECT INVOLVES UNDERGROUND
7 
WORKS WITHIN A DEPTH OF FORTY (40) METERS FROM THE SURFACE, THE
8 
IMPLEMENTING AGENCY SHALL PURSUE EITHER OF THE FOLLOWING
9 
OPTIONS, DEPENDING ON THE PROJECT CONCEPT IN THE APPROVED
10 
FEASIBILITY STUDY:
11 
(A) IF THE PROJECT CONCEPT INVOLVES THE ACQUISITION OF
12 
SUBTERRANEAN PORTIONS ONLY, THE IMPLEMENTING AGENCY SHALL
13 
OFFER TO THE OWNER, AS COMPENSATION, AN EASEMENT FEE
14 
EQUIVALENT TO TWENTY PERCENT (20%) OF WHICHEVER IS HIGHER OF
15 
THE FOLLOWING:
16 
(I) THE CURRENT MARKET VALUE (CMV) OF THE AFFECTED SURFACE
17 
LAND AS DETERMINED BY AN INDEPENDENT PROPERTY APPRAISER (IPA)
18 
OR GOVERNMENT FINANCING INSTITUTION (GFI) UNDER SECTION 5 OF
19 
THIS ACT, OR
20 
(II) THE MARKET VALUE BASED ON THE APPLICABLE SCHEDULE OF
21 
MARKET VALUES (SMV) SET BY THE LOCAL GOVERNMENT UNIT (LGU)
22 
CONCERNED PURSUANT TO REPUBLIC ACT NO. 12001, OTHERWISE
23 
KNOWN AS THE REAL PROPERTY VALUATION AND ASSESSMENT REFORM
24 
ACT, OR, IF THE SAID LGU IS NOT YET AVAILABLE, THE APPLICABLE
25 
BUREAU OF INTERNAL REVENUE (BIR) ZONAL VALUE.
26 
IN ADDITION, THE IMPLEMENTING AGENCY SHALL OFFER TO THE
27 
OWNER THE PAYMENT OF:
28 
(i) THE RELOCATION COST OF ALL IMPROVEMENTS AND
29 
STRUCTURES, INCLUDING MACHINERY, AFFECTED BY THE
30 
PROJECT, AND


1 
(ii) THE CMV OF ALL CROPS AND TREES AFFECTED BY THE
2 
PROJECT, IN ACCORDANCE WITH THE PROVISIONS OF THIS
3 
ACT.
4 
IF THE OWNER REJECTS THE SAID OFFER FOR EASEMENT, THE
5 
IMPLEMENTING AGENCY SHALL INITIATE EXPROPRIATION PROCEEDINGS
6 
FOR THE AFFECTED SUBTERRANEAN PORTIONS, AND SHALL DEPOSIT TO
7 
THE PROPER COURT, IN FAVOR OF THE OWNER, AN AMOUNT EQUIVALENT
8 
TO THE SUM OF:
9 
(I) TWENTY PERCENT (20%) OF WHICHEVER IS HIGHER OF SUB
10 
ITEMS (A) AND (B):
11 
(A) THE CMV OF THE AFFECTED SURFACE LAND AS
12 
DETERMINED BY AN IPA OR GFI, OR
13 
(B) THE MARKET VALUE BASED ON THE APPLICABLE LGU
14 
SMV, OR, IF THE SAID LGU SMV IS NOT YET AVAILABLE, THE APPLICABLE
15 
BIR ZONAL VALUE;
16 
(II) THE REPLACEMENT COST OF IMPROVEMENTS AND STRUCTURES
17 
AFFECTED BY THE PROJECT; AND
18 
(III) THE CMV OF ALL CROPS AND TREES AFFECTED BY THE PROJECT.
19 
THE FINAL AMOUNT OF COMPENSATION TO BE PAID TO THE OWNER
20 
SHALL BE DETERMINED BY THE COURT.
21 
(B) IF THE PROJECT CONCEPT INVOLVES THE ACQUISITION OF THE
22 
ENTIRE PROPERTY, INCLUDING BOTH SURFACE AND SUBTERRANEAN
23 
PORTIONS, THE IMPLEMENTING AGENCY SHALL FOLLOW THE
24 
PROVISIONS OF THIS ACT PERTAINING TO EXPROPRIATION.
25 
Sec. 8. LANDS WITHIN ANCESTRAL DOMAIN. - IN THE CASE OF
26 
ACQUISITION OF LAND WITHIN ANCESTRAL DOMAINS COVERED BY
27 
CERTIFICATES OF ANCESTRAL DOMAIN TITLE (CADT) OR LANDS WITH
28 
PENDING ISSUANCE OF THE CADT WHICH THE NATIONAL COMMISSION
29 
ON INDIGENOUS PEOPLES (NCIP) CONFIRMS AS ANCESTRAL DOMAIN, THE
30 
IMPLEMENTING AGENCY SHALL SECURE THE NECESSARY CERTIFICATION
31 
PRECONDITION, AFTER WHICH AN INFRASTRUCTURE RIGHT-OF-WAY
32 
EASEMENT AGREEMENT SHALL BE EXECUTED BY AND BETWEEN THE


1 
IMPLEMENTING AGENCY AND THE NCIP-CERTIFIED INDIGENOUS
2 
POLITICAL STRUCTURE AS PROVIDED FOR IN REPUBLIC ACT NO. 8371,
3 
OTHERWISE KNOWN AS THE "INDIGENOUS PEOPLE'S RIGHTS ACT".
4 
UNDER THIS MODE, THE INDIGENOUS CULTURAL COMMUNITIES (ICC) OR
5 
INDIGENOUS PEOPLES (IP) SHALL GRANT THE IMPLEMENTING AGENCY
6 
THE ABSOLUTE AND UNIMPEDED RIGHT TO USE THE AFFECTED PORTION
7 
OF THEIR ANCESTRAL DOMAIN AS INFRASTRUCTURE RIGHT-OF-WAY FOR
8 
AS LONG AS THE PUBLIC PURPOSE REQUIREMENT SUBSISTS: PROVIDED,
9 
HOWEVER, THAT THE ICC OR IP SHALL RETAIN OWNERSHIP OF THAT
10 
PORTION OF THE LAND. FOR ICC OR IP WITH NO ESTABLISHED
11 
INDIGENOUS POLITICAL STRUCTURE, THE PROVISIONS OF THE R.A. NO.
12 
8371 ON THE PROCESS OF FREE AND PRIOR INFORMED CONSENT (FPIC)
13 
SHALL BE OBSERVED. THE EASEMENT PRICE TO BE PAID SHALL BE THE SUM
14 
OF:
15 
(I) TWENTY PERCENT (20%) OF WHICHEVER IS HIGHER OF SUB
16 
ITEMS (A) AND (B):
17 
(A) THE CMV OF THE LAND AS DETERMINED BY AN IPA/GFI, OR
18 
(B) THE MARKET VALUE BASED ON THE APPLICABLE LGU SMV, OR, IF
19 
THE SAID LGU SMV IS NOT YET AVAILABLE, THE APPLICABLE BIR ZONAL
20 
VALUE;
21 
(II) THE RELOCATION COST OF IMPROVEMENTS AND-STRUCTURES,
22 
INCLUDING MACHINERY, AFFECTED BY THE PROJECT, WHICH COVERS THE
23 
COST OF PROVIDING SIMILAR STRUCTURES AND IMPROVEMENTS IN
24 
PLACE OF THE AFFECTED STRUCTURES AND IMPROVEMENTS AT CURRENT
25 
MARKET PRICES; AND
26 
(III) THE CMV OF CROPS AND TREES AFFECTED BY THE PROJECT.
27 
Sec. 9. FOREIGN-ASSISTED PROJECTS. - IN THE CASE OF FOREIGN-
28 
ASSISTED PROJECTS WITH OFFICIAL DEVELOPMENT ASSISTANCE (ODA),
29 
NOTWITHSTANDING THE PROVISIONS OF THIS ACT, THE GUIDELINES AND
30 
PROCEDURES CONCERNING RIGHT-OF-WAY ACQUISITION UNDER THE
31 
APPROVED LOAN OR GRANT AGREEMENT SIGNED AND EXECUTED BY THE


1 
GOVERNMENT OF THE PHILIPPINES AND THE ODA INSTITUTION SHALL BE
2 
OBSERVED.
3 
Sec. 2. Sections 5, 6, 7, 8, 9, 10, 11,12, AND 13 of Republic Act No. 10752 are
4 
hereby renumbered into Sections 10,11, 12,13,14, 15,16, 17, and 18, respectively.
5 
Sec. 3. Subparagraphs (a), (b), (e), (0 and (g) of the first paragraph and the
6 
second paragraph of the original Section 5 (now Section 10), Republic Act No. 10752,
7 
are hereby amended to read as follows:
8 
Sec. SIO. Rules on Negotiated Sale. - The implementing agency may offer
9 
to acquire, through negotiated sale, the right-of-way, site or location for a national
10 
government infrastructure project, under the following rules:
11 
(a) The implementing agency shall offer to the property owner the following
12 
sums as compensation:
13 
(1) The CMV current market value of the land EQUIVALENT TO WHICHEVER
14 
IS HIGHER OF THE FOLLOWING:
15 
(A) THE MARKET VALUE DETERMINED BY AN IPA/GFI, OR
16 
(B) THE MARKET VALUE BASED ON THE APPLICABLE LGU SMV, OR, IF
17 
THE SAID LGU SMV IS NOT YET AVAILABLE, THE APPLICABLE BIR ZONAL
18 
VALUE;
19 
(2) The replacement cost of structures and improvements, INCLUDING
20 
MACHINERY therein AND ITS RELOCATION COST, WHICH COVERS THE COST
21 
OF PROVIDING SIMILAR STRUCTURES AND IMPROVEMENTS IN PLACE OF
22 
THE AFFECTED STRUCTURES AND IMPROVEMENTS AT CURRENT MARKET
23 
PRICES; AND
24 
(3) The CMV current market value of crops and trees therein.
25 
To determine the appropriate price offer, the implementing agency may engage
26 
the services of a GFI with adequate experience in property appraisal, or an
27 
independent property appraiser. THE IPA MUST POSSESS THE LICENSE
28 
REQUIRED FOR A REAL ESTATE APPRAISER BY THE PROFESSIONAL
29 
REGULATION COMMISSION (PRC) AND MUST BE REGISTERED WITH THE
30 
PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE,
31 
PURSUANT TO REPUBLIC ACT NO. 9646, OTHERWISE KNOWN AS THE
32 
"REAL ESTATE SERVICE ACT OF THE PHILIPPINES." THE IPA SHALL be


1 
procured, EITHER BY ITSELF OR AS PART OF A CONSULTING GROUP, by the
2 
implementing agency under the provisions of Republic Act No. 9184, otherwise known
3 
as the "Government Procurement Reform Act" and its implementing rules and
4 
regulations pertaining to consulting services.
5 
The property owner is given thirty (30) days to decide whether or not to accept
6 
the offer as payment for his property. Upon refusal or failure of the property owner to
7 
accept such offer or fails or refuses to submit the documents necessary for payments,
8 
the implementing agency shall immediately initiate expropriation proceedings as
9 
provided in Section 6 herein.
10 
(b) 
Subparagraph a(2) of Section 10 hereof shall also apply to all
11 
owners of structures and improvements who do not have legally recognized rights to
12 
the land OF ALL TYPES, WHETHER GOVERNMENT OR PRIVATE, ACQUIRED
13 
AS RIGHT-OF-WAY FOR INFRASTRUCTURE PROJECTS, and who meet all of the
14 
following criteria:
15 
(1) Must be a Filipino citizen;
16 
(2) Must not own any real property or any other housing facility, whether in an
17 
urban or rural area;
18 
(3) Must not be a professional squatter or a member of a squatting syndicate,
19 
as defined in Republic Act No. 7279, otherwise known as the "Urban Development and
20 
Housing Act of 1992;" and
21 
(4) MUST NOT OCCUPY AN EXISTING RIGHT-OF-WAY WHICH IS
22 
TITLED TO THE GOVERNMENT.
23 
(c) With regard to the taxes and fees relative 
to the transfer of title of the
24 
property to the Republic of the Philippine through negotiated sale, the implementing
25 
agency shall pay, for account of the seller, the capital gains tax TO THE BIR. THE
26 
CAPITAL GAINS TAX SHALL BE BASED ON THE APPROVED LGU SMV OR THE
27 
ACTUAL GROSS SELLING PRICE IN CONSIDERATION, AS STATED IN THE
28 
DEED OF SALE, WHICHEVER IS HIGHER. THIS PROVISION SHALL ONLY
29 
APPLY TO THE NEGOTIATED SALE OF PROPERTY CLASSIFIED AS CAPITAL
30 
ASSETS. NEGOTIATED SALE OF PROPERTY CLASSIFIED AS ORDINARY
31 
ASSETS ARE SUBJECT TO THE EXISTING RULES AND REGULATIONS OF THE
32 
BIR.


1 
THE IMPLEMENTING AGENCY SHALL ALSO PAY TO THE APPROPRIATE
2 
AGENCIES, the documentary stamp tax, transfer tax and registration fees, while the
3 
owner shall pay any unpaid real property tax.
4 
(d) If requested by the property owner, the implementing agency shall remit to
5 
the LGU concerned the amount corresponding any unpaid real property tax, subject
6 
to deduction of this amount from the total negotiated price: provided, however, that
7 
the said amount is not more than the negotiated price.
8 
(e) The property owner and the implementing agency shall execute a deed of
9 
absolute sale: Provided, That the property owner has submitted to the implementing
10 
agency the Transfer Certificate of Title, Tax Declaration, Real Property Tax Certificate,
11 
and other documents necessary to transfer the title to the Republic of the Philippines.
12 
The implementing agency shall cause the annotation of the Deed of Absolute Sale on
13 
the Transfer Certificate of Title: PROVIDED, FURTHER, THAT IN THE CASE OF
14 
UNTITLED LANDS, THE POSSESSOR OF THE PROPERTY SHALL SUBMIT TO
15 
THE IMPLEMENTING AGENCY, THE FOLLOWING:
16 
(I) TAX DECLARATION SHOWING THE OWNER'S AND THE
17 
PREDECESSORS' OPEN, CONTINUOUS, EXCLUSIVE, AND NOTORIOUS
18 
POSSESSION OF THE LAND FOR AT LEAST TWENTY (20) YEARS;
19 
(II) AFFIDAVIT FROM AT LEAST TWO (2) DISINTERESTED RESIDENTS
20 
OF THE BARANGAY WHERE THE LAND IS LOCATED THAT THE OWNER OR
21 
THE PREDECESSORS HAVE CONTINUOUSLY OCCUPIED THE LAND FOR AT
22 
LEAST TWENTY (20) YEARS;
23 
(III) REAL PROPERTY TAX CERTIFICATE;
24 
(IV) CERTIFICATION FROM THE DENR THAT THE LAND IS ALIENABLE
25 
AND DISPOSABLE;
26 
(V) TECHNICAL DESCRIPTION OF THE PROPERTY AND MAP BASED ON
27 
A SURVEY CONDUCTED BY A LICENSED GEODETIC ENGINEER AND
28 
APPROVED BY THE DENR; AND
29 
(VI) OTHER DOCUMENTS THAT SHOW OWNERSHIP:
30 
PROVIDED, FURTHERMORE, THAT UPON SUBMISSION OF ALL THE
31 
ABOVE-LISTED REQUIREMENTS TO CAUSE THE TRANSFER OF THE TITLE TO


1 
THE REPUBLIC OF THE PHILIPPINES, THE PROPERTY POSSESSOR SHALL
2 
BE REIMBURSED THE COST THEREOF UPON SUFFICIENT PROOF.
3 
(f) Upon the execution of a deed of sale, the implementing agency shall pay the
4 
property owner:
5 
(1) EITHER OF THE FOLLOWING:
6 
(lA) ONE HUNDRED percent (100%) of the negotiated price of the affected
7 
land, exclusive of taxes remitted to the LGU under subparagraph (d) herein: IN CASE
8 
THE TITLE TO THE LAND IS CLEAN, FREE OF ENCUMBRANCES, AND READILY
9 
TRANSFERABLE TO THE NAME OF THE REPUBLIC OF THE PHILIPPINES; OR
10 
(IB) FIFTY PERCENT (50%) OF THE NEGOTIATED PRICE OF THE
11 
AFFECTED LAND, EXCLUSIVE OF TAXES REMITTED TO THE LGU UNDER
12 
SUBPARAGRAPH (D) HEREIN, IN CASE THE TITLE TO THE LAND IS NOT
13 
CLEAN, OR HAS ENCUMBRANCES, OR IS NOT READILY TRANSFERABLE TO
14 
THE NAME OF THE REPUBLIC OF THE PHILIPPINES; OR
15 
(1C) FIFTY PERCENT (50%) OF THE NEGOTIATED PRICE IN CASE THE
16 
LAND IS UNTITLED, EXCLUSIVE OF TAXES REMITTED TO THE LGU UNDER
17 
SUBPARAGRAPH (D) HEREIN, AND WHICH MEET THE REQUIREMENTS
18 
UNDER SUBPARAGRAPH (E) HEREIN, OR IN CASE THE LAND HAS A LIEN,
19 
OR IN CASE THE OWNER IS DECEASED AND THE HEIRS ARE IN THE
20 
PROCESS OF SETTLING THE ESTATE; AND
21 
(2) Seventy percent (70%) of the negotiated price of the affected structures,
22 
improvements, INCLUDING MACHINERY, crops and trees, exclusive of unpaid
23 
taxes remitted to the LGU under subparagraph (d) herein.
24 
(g) The implementing agency shall, at the times stated below, pay the property
25 
owner the remaining fifty percent (50%) of the negotiated price of the affected land
26 
UNDER SUBPARAGRAPHS (F)-(IB) AND (F)-(IC) HEREIN, and thirty percent
27 
(30%) of the NEGOTIATED PRICE OF THE affected structures, improvements,
28 
INCLUDING MACHINERY, crops and trees, exclusive of unpaid taxes remitted
29 
to the LGU concerned under subparagraph (d) herein: Provided, that the land is
30 
already completely cleared of structures, improvements, crops and trees:
31 
(1) At the time of the transfer of title in the name of the Republic of the
32 
Philippines, in cases where the land is wholly affected; or


1 
(2) At the time of the annotation of a deed of sale on the title, in cases where
2 
the land is partially affected.
3 
The provisions of subparagraph (a) herein shall also apply to outstanding claims
4 
for right-of-way payments, except that the amount to be offered shall be the prtee
5 
BASED ON THE APPLICABLE SMV OR, IF THE SMV IS NOT YET AVAILABLE,
6 
THE BIR ZONAL VALUE, at the time of taking of the property, including legal interest
7 
until fully paid.
8 
PROPERTY OWNERS ARE GIVEN TEN (10) YEARS FROM THE
9 
EFFECTIVITY OF THIS ACT TO FILE, WITH THE APPROPRIATE
10 
GOVERNMENT IMPLEMENTING AGENCY, CLAIMS FOR UNPAID PAYMENTS
11 
FOR RIGHT-OF-WAY ACQUIRED BEFORE THE EFFECTIVITY OF THIS ACT."
12 
Sec. 4. Subparagraphs (a) to (d) of the first paragraph of the original Section 6
13 
(now Section 11) of Republic Act No. 10752 are hereby amended to read as follows:
14 
Sec. -611. Guidelines for Expropriation Proceedings. - Whenever it is
15 
necessary to acquire real property for the right-of-way, site or location for any national
16 
government infrastructure through expropriation, the appropriate implementing
17 
agency, through the Office of the Solicitor General, the Office of the Government
18 
Corporate Counsel, or their deputized government or private legal counsel, shall
19 
initiate the expropriation proceedings before the proper court under the following
20 
guidelines:
21 
(a) Upon the filing of the complaint or at any time thereafter, and after due
22 
notice to the defendant, the implementing agency shall immediately deposit to the
23 
court in favor of the owner the amount equivalent to the sum of:
24 
(1) One hundred per cent (100%) of the value of the land based on THE
25 
APPLICABLE LGU SMV OR, IF SUCH SMV IS NOT YET AVAILABLE, the current
26 
relevant zonal valuation of the BIR, issued not more than three (3) years prior to the
27 
filing of the expropriation complaint subject to subparagraph (c) of this section;
28 
(2) The replacement cost at current market value of the improvements or
29 
structures, INCLUDING MACHINERY AND ITS RELOCATION COST, WHICH
30 
INCLUDES THE COST OF PROVIDING SIMILAR STRUCTURES OR
31 
IMPROVEMENTS IN PLACE OF THE AFFECTED STRUCTURES OR
32 
IMPROVEMENTS AT CURRENT MARKET PRICES, as determined by:
10


1 
(i) The implementing agency; OR
2 
(ii) A government financial institution with adequate experience in property
3 
appraisal; OR
4 
(iii) An independent property appraiser, SELECTED IN ACCORDANCE WITH
5 
SUBPARAGRAPH (A) OF SECTION 5 HEREOF, THAT MUST POSSESS THE
6 
LICENSE REQUIRED FOR A REAL ESTATE APPRAISER BY THE PRC AND IS
7 
REGISTERED AS SUCH WITH THE PROFESSIONAL REGULATORY BOARD OF
8 
REAL ESTATE SERVICE PURSUANT TO R.A. NO. 9646; AND
9 
(3) The current market value of crops and trees located within the property as
10 
determined by the government financial institution, an independent property appraiser
11 
to be selected as indicated in subparagraph (a) of Section 5 hereof, OR BY A
12 
RELEVANT GOVERNMENT AGENCY.
13 
Upon compliance with the abovementioned guidelines, the court shall
14 
immediately issue to the implementing agency an order to take possession of the
15 
property and start the implementation of the project.
16 
If, within seven (7) working days after the deposit to the court of the amount
17 
equivalent to the sum under subparagraphs (a)(1) to (a)(5)(4) of this section, the
18 
court has not issued to the implementing agency a writ of possession for the affected
19 
property, the counsel of the implementing agency shall immediately seek from the
20 
court the issuance of the writ of possession. The court shall issue the writ of possession
21 
ex parte] no hearing shall be required.
22 
The court shall release the amount to the owner upon presentation of sufficient
23 
proofs of ownership.
24 
(b) In case the owner of the property cannot be found, unknown, or deceased
25 
in cases where the estate has not been settled, after exerting due diligence, or there
26 
are conflicting claims over the ownership of the property and improvements and/or
27 
structures thereon, the implementing agency shall deposit the amount equivalent to
28 
the sum under subparagraphs (a)(1) to (a)(3)(4) of this section to the court for the
29 
benefit of the person to be adjudged in the same proceeding as entitled thereto.
30 
Upon compliance with the guidelines abovementioned, the court shall
31 
immediately issue to the implementing agency an order to take possession of the
32 
property and start the implementation of the project.
11


1 
If, within seven (7) working days after the deposit with the court of the amount
2 
equivaient to the sum under subparagraphs (a)(1) to (a) (a)(5)(4) of this section, the
3 
court has not issued to the implementing agency a writ of possession for the affected
4 
property, the counsel of the implementing agency shall immediately seek with the
5 
court the issuance of the writ of possession.
6 
The court shall release the said amount to the person adjudged in the same
7 
expropriation proceeding as entitled thereto.
8 
(c) In provinces, cities, municipalities and other areas where there is no land
9 
classification, the city or municipal assessor is hereby mandated within the period of
10 
sixty (60) days from the date of filing of the expropriation case, to come up with the
11 
required land classification and the corresponding declaration of real property and
12 
improvement for the area. In provinces, cities, municipalities and other areas where
13 
there is no LGU SMV OR zonal valuation, the CONCERNED PROVINCIAL, CITY
14 
OR MUNICIPAL ASSESSOR is mandated within the period of sixty (60) days from
15 
the date of filing of the expropriation case, to PREPARE A SMV for THE said area,
16 
based on the land classification done by the city or municipal assessor.
17 
(d) With reference to subparagraph (a)(1) of this section, in case the
18 
completion of a government infrastructure project is of utmost urgency and
19 
importance, and there is no land classification or no existing zonal valuation of the
20 
area concerned or the zonal valuation has been in force for more than three (3) years,
21 
the implementing agency shall use the LGU SMV and land classification of similar
22 
lands within the adjacent vicinity as the basis for the valuation.
23 
Sec. 5. Section 7 of Republic Act No. 10752 is hereby amended to read as
24 
follows:
25 
Sec. ^12. Standards for the Assessment of the Value of the Property Subject
26 
to Negotiated Sale. - In order to facilitate the determination of the market value of
27 
the property, the following relevant standards shall be observed:
28 
(a) The classification and use for which the property is suited;
29 
(b) The development cost for improving the land;
30 
(c)The value declared by the owners;
31 
(d) The current selling price of similar lands in the vicinity;
12


1 
(e) The reasonable disturbance compensation for the removal and/or demolition
2 
of certain improvements on the land and for the value of improvements thereon;
3 
(f) The size, shape or location, tax declaration and zonal valuation of the land;
4 
(g) The price of the land as manifested in the ocular findings, oral as well as
5 
documentary evidence presented; and
6 
(h) Such facts and events so as to enable the affected property owners to have
7 
sufficient funds to acquire similarly situated lands of approximate areas as those
8 
required from them by the government, and thereby rehabilitate themselves as early
9 
as possible.
10 
PURSUANT TO SECTION 13 OF R.A. No. 12001, THE FOREGOING
11 
STANDARDS ARE SUBJECT TO MODIFICATION AND UPDATING TO ALIGN
12 
WITH THE UNIFORM PHILIPPINE VALUATION STANDARDS, BASED ON
13 
MARKET VALUES, TO BE DEVELOPED AND PRESCRIBED BY THE BUREAU OF
14 
LOCAL GOVERNMENT FINANCE (BLGF) OF THE DEPARTMENT OF FINANCE
15 
(DOF) IN CONFORMANCE WITH INTERNATIONAL VALUATION STANDARDS
16 
AND PRINCIPLES. ONCE APPROVED BY THE SECRETARY OF FINANCE, THE
17 
BLGF VALUATION STANDARDS SHALL BE USED BY ALL APPRAISERS AND
18 
ASSESSORS IN THE LGUS, AND OTHER PERSONS, ENTITIES, OR AGENCIES
19 
THAT CONDUCT VALUATION IN THE APPRAISAL OR VALUATION OF LANDS,
20 
BUILDINGS, MACHINERY AND OTHER REAL PROPERTIES FOR TAXATION
21 
AND OTHER PURPOSES - INCLUDING APPRAISAL OF PROPERTY TO BE
22 
ACQUIRED FOR RIGHT-OF-WAY OF INFRASTRUCTURE PROJECTS.
23 
The implementing rules and regulations (IRR) to be prepared under Section 12
24 
shall include, among other things, the terms of reference, which shall be used by the
25 
government financial institutions and independent property appraisers in the
26 
determination of the market value of the land. The terms of reference shall define in
27 
detail the standards stated herein, INCLUDING ANY MODIFICATIONS IN THE
28 
PHILIPPINE VALUATION STANDARDS TO BE DEVELOPED BY THE BLGF AND
29 
APPROVED BY THE SECRETARY OF FINANCE.
30 
Sec. 6. Section 10(b) of Republic Act No. 10752 is hereby amended to read as
31 
follows:
13


1 
(b) Compensation for the project-affected land, structures and improvements,
2 
crops, and trees, INCLUDING MACHINERY AND ITS RELOCATION COSTt
3 
Sec. 7. The first paragraph of Section 914 of Republic Act No. 10752 is hereby
4 
amended to read as follows:
5 
Sec. 14. Relocation of Informal Settlers. - The DEPARTMENT OF
6 
HOUSING AND URBAN DEVELOPMENT (DHSUD), through the APPROPRIATE
7 
KEY SHELTER AGENCY, shall in coordination with the LGUs and implementing
8 
agencies concerned establish and develop resettlement sites for informal settlers,
9 
including the provision of adequate basic services and community facilities, pursuant
10 
to the provisions of the Republic Act No. 7279, otherwise known as the "Urban
11 
Development and Housing Act of 1992." Whenever applicable, the concerned LGUs
12 
shall provide and administer the resettlement sites.
13 
Sec. 8. Section 10 of Republic Act No. 10752 is hereby amended to read as
14 
follows:
15 
Sec. -iGlS. Appropriations for Acquisition of Right-Of-Way Site or
16 
Location for National Government Infrastructure Projects in Advance of
17 
Project Implementation. - The government shall provide adequate appropriations
18 
that will allow the concerned implementing agencies to acquire the required right-of-
19 
way site or location for national government infrastructure projects in advance of
20 
project implementation. These appropriations shall cover the funds needed to cover
21 
the following expenses for activities directly related to right-of-way acquisition for the
22 
projects as provided in this Act:
23 
(a) Cost of parcellary surveys and appraisal of properties affected by the
24 
projects;
25 
(b) Compensation for the project-affected land, structures, improvements, crops
26 
and trees;
27 
(c) Cost of development and implementation of resettlement projects covered by
28 
this Act, including planning, social preparation, and other activities under the
29 
resettlement action plan; and
30 
(d) Related expenses of the implementing agency, including capital gains tax in
31 
the case of negotiated sale under Section 5 hereof documentary stamp tax, transfer
14


1 
tax and registration fees for the transfer of titles, and other relevant administrative
2 
expenses for right-of-way management.
3 
In public-private-partnership (PPP) projects, the modalities of which are defined
4 
in Republic Act No. 6957 as amended-by Republic Act No. 7718 , REPUBLIC ACT
5 
NO. 11966, OR OTHERWISE KNOWN AS THE "PUBLIC-PRIVATE
6 
PARTNERSHIP CODE OF THE PHILIPPINES", as the implementing agency may
7 
SHALL, as part of the contract terms and conditions, require the project proponent
8 
PRIVATE PROPONENT to:
9 
(1) Advance the funds covering the cost of the right-of-way which shall be
10 
reimbursed later by the implementing agencyrexeept-for-unsolicited proposals; or
11 
(2) Finance the right-of-way cost which shall be recovered partly or fully by the
12 
proponent PRIVATE PROPONENT from the tolls, fees, or tariffs to be charged to
13 
the users of the completed project.
14 
Sec. 9. Section 16 of R.A. No. 10752 is hereby amended to read as follows:
15 
Sec. 16. Regulation of Developments within Declared Right-of-Way -
16 
Upon the approval of an infrastructure project by the head of the implementing agency
17 
concerned, with funding authorized in the General Appropriations Act and with
18 
APPROVED PARCELLARY SURVEY PLANS, no National Government Agency or
19 
Local Government Unit shall, within two (2) years from date of notice of taking, allow
20 
any development or construction, or issue any building, construction, development or
21 
business permit, which is contrary to the approved plans and purposes of the project,
22 
within the said right- of-way, unless explicitly authorized by the head of the
23 
implementing agency for justifiable reasons. THE IMPLEMENTING AGENCY SHALL
24 
PROVIDE THE CONCERNED NATIONAL AGENCIES AND LGUS A COPY OF THE
25 
NOTICE OF TAKING UPON ITS ISSUANCE.
26 
Sec. 10. Section 18 of R.A. Republic Act No. 10752 is hereby amended to read
27 
as follows:
28 
Sec. 18. Implementing Rules and Regulations (IRR). - A committee shall
29 
prepare, in consultation with key stakeholders, the IRR for the proper implementation
30 
of this Act within sixty (60) days from its approval.
31 
The committee shall be composed of the following officials or their duly
32 
designated representatives:
15


1 
(a) Secretary of the Department of Public Works and Highways as Chairperson;
2 
(b) Secretary of the Department of Transportation as member;
3 
(c) Secretary of the Department of Energy as member;
4 
(D) SECRETARY OF THE DEPARTMENT OF INFORMATION AND
5 
COMMUNICATIONS TECHNOLOGY AS MEMBER;
6 
(E) SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND
7 
NATURAL RESOURCES AS MEMBER;
8 
(F) SECRETARY OF THE DEPARTMENT OF AGRICULTURE AS MEMBER;
9 
(G) SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL
10 
GOVERNMENT AS MEMBER;
11 
(H) SECRETARY OF THE DEPARTMENT OF FINANCE AS MEMBER;
12 
(I) Secretary of the Department of Justice as member;
13 
(J) Secretary of the Department of Budget and Management as member;
14 
(K) Secretary of the National Economic and Development Authority as member;
15 
(L) Secretary of the Department of Human Settlements and Urban Development
16 
as member;
17 
(M) Secretary of the Department of Agrarian Reform as member; and
18 
(N) Other representatives of concerned entities as determined by the committee
19 
as members.
20 
Sec. 11. Transitory Clause. - The provisions of this Act shall apply to all right-
21 
of-way transactions, except those which, as of the effectivity of this Act, the
22 
implementing agency and the property owner have reached a written agreement on
23 
the agreed amount of compensation.
24 
Sec. 12. Repealing Clause. - All laws, decrees, orders, rules and regulations
25 
or parts thereof inconsistent with this Act are hereby repealed or amended
26 
accordingly.
27 
Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its
28 
publication in the Official Gazette or in a newspaper of general circulation.
29 
Approved,
16