NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1537
Sennit
of tl)f £• r; Ttnrp
72 NOV 23 P 6 *16
RECEIV'D BY.
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
AMENDING SECTION 5 OF REPUBLIC ACT NO. 10752, OTHERWISE KNOWN 
AS "AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE OR 
LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS 
AND FOR OTHER PURPOSES"
EXPLANATORY NOTE
Republic Act No. 10752, otherwise known as the nRight-of-Way Act" was 
enacted into law to facilitate the acquisition of right-of-way sites and locations for 
national government infrastructure projects. While this law has been lauded for fast- 
tracking the implementation of government projects, delays in the computation and 
especially of payment of just compensation is still a contentious issue and remains to 
be a major cause of delay.
Article III of the 1987 Constitution mandates that no private property shall be 
taken for public use without payment of just compensation.
When the State appropriates private property for public use, it must 
compensate the owner of the property so taken. For compensation to be just, the 
government must not only reimburse the owner with the property's fair value, it must 
also do so in a timely manner.1 Without prompt payment, the property owner suffers 
the immediate deprivation of both his land and its fruits or income. The owner's loss, 
of course, is not only his property but also its income-generating potential.2
1 Republic vs Estate of Juan Maria Posadas, GR No. 214310
2 Evergreen Manufacturing Corp. vs Republic, GR No. 218628


After donation, negotiated sale is the preferred mode of ROW acquisition and 
should be explored before resorting to expropriation. RA 10752 aims to make 
negotiated sale more attractive (than expropriation) to property owners, by reducing 
negotiation time and providing realistic prices.3
This bill aims to provide an option for property owners to be compensated by 
way of tax credits. Tax credits are generally designed to encourage or reward certain 
types of behavior that are considered beneficial to the economy, the environment or 
to further any other purpose the government deems important. By providing this 
option we not only resolve the issue on delays in payment of just compensation but 
we also encourage property owners to enter into negotiated sale with the government 
rather than undergo the long and tedious process of expropriation.
Infrastructure underpins economic activity and catalyzes growth and 
development. Public infrastructure investment boosts the productivity of private 
capital and labor, leading to higher output.4
Approval of this bill is most earnestly sought.
RAMON BONG REVILLA, JR.
3 DPWH Right-of-Way Acquisition Manual, DPWH DO 152 series of 2017
4 Economic Effects of infrastructure Investment, Penn Wharton, University of Pennsylvania, 
https://budgetmodel.wharton.upenn.edU/issues/2021/6/15/economic-effects-of-infrastructure-investment
2


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1537
*22 NOV 23 P6-.16
RECEIV1:D Bv:
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
AMENDING SECTION 5 OF REPUBLIC ACT NO. 10752, OTHERWISE KNOWN 
AS "AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE OR 
LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS 
AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Sec. 5 of Republic Act No. 10752, otherwise known as the ''Right-of-
2 
Way Act", is hereby amended to read as follows:
3 
Sec. 5. Rules on Negotiated Sale. - The implementing agency may offer
4 
to acquire, through negotiated sale, the right-of-way site or location for
5 
a national government infrastructure project, under the following rules.
6 
(a) XXX
7 
(b) XXX
8 
(C) XXX
9 
(d) XXX
10 
(e) XXX
11 
(f) XXX
12 
(g) XXX
13 
The provisions of subparagraph (a) herein shall also apply to outstanding
14 
claims for right-of-way payments, except that the amount to be offered


1 
shall be the price at the time of taking of the property, including legal
2 
interest until fully paid.
3 
"PROVIDED, HOWEVER, THAT THE NEGOTIATED PRICE, AT THE
4 
OPTION OF THE PROPERTY OWNER, MAY BE PAID IN
5 
ACCORDANCE WITH SUBPARAGRAPHS (F) AND (G) OF THIS
6 
SECTION OR CREDITED AGAINST ANY INTERNAL REVENUE
7 
TAXES IMPOSED UNDER THE NATIONAL INTERNAL REVENUE
8 
CODE OF 1997, AS AMENDED."
9 
Sec. 2. Separability Clause. - If any provision of this Act is declared invalid or
10 
unconstitutional, other provisions hereof which are not affected thereby shall remain
11 
in full force and effect.
12 
Sec. 3. Repealing Clause. - Ail laws, orders, decrees, rules and regulations, and
13 
other parts thereof contrary to, or inconsistent with, the provisions of this Act are
14 
hereby repealed, amended or modified accordingly.
15 
Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
16 
publication either in the Official Gazette or in two (2) newspapers of general circulation
17 
in the Philippines.
Approved,