NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
Oflrtr
24 SEP 11 P6:32
SENATE
S.B. No. 9.K2.1
[U CLI V O BY
(In substitution of S.B. Nos. 1537, 2718, and 2769, taking into considera
No. 6571)
Prepared by the Committee on Public Works (upon the recommendation of the 
Subcommittee on the Right-of-Way Act), jointly with the Committees on Justice and 
Human Rights and Ways and Means with Senators Revilla, Escudero, and Villar M.,
as authors thereof
AN ACT
INSTITUTING REFORMS IN THE ACQUISITION OF RIGHT-OF-WAY FOR 
INFRASTRUCTURE PROJECTS BY THE NATIONAL GOVERNMENT AND BY 
PUBLIC SERVICE PROVIDERS, 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:
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Section 1. Short Title. - This Act shall be known as the "Accelerated and
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Reformed Right-of-Way (ARROW) Act".
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Sec. 2. Declaration of Policy. - The State hereby affirms that private property
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shall not be taken for public use without just compensation. It shall ensure that
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owners of real property acquired for national government infrastructure projects and
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private infrastructure projects for public use are promptly paid just compensation,
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based on a nationally consistent real property valuation for a more expeditious
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acquisition of the required right-of-way for the projects.
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It is also declared a policy of the State to recognize the importance and
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participation of the private sector in delivering public services. Towards this end,
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the State shall pursue policies that encourage private enterprise involvement and
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facilitate the easier acquisition of right-of-way sites or locations for private
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infrastructure projects for public use to ensure a more efficient delivery of public
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services.
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Sec. 3. Section 3 of Republic Act No. 10752 or "The Right-of-Way Act" is
16 
hereby amended to read as follows:


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"SEC. 3. ^National Government Projcct5\ COVERAGE. - THIS 
ACT SHALL APPLY TO INFRASTRUCTURE PROJECTS OF:
(A) THE NATIONAL GOVERNMENT - As used in this Act, the 
term "nationai government projects" shail refer to aii nationai 
government infrastructure projects and its pubiic service facilities, 
engineering works and service contracts, including projects undertaken 
by government-owned [affd] - OR controlled corporations, all projects 
covered by Republic Act No. 6957, as amended by Republic Act No. 
7718, [otherwisG known as the "Build-Opcratc-and-Transfcr Law",] 
REPUBLIC ACT NO. 11966, OR THE "PUBLIC-PRIVATE 
PARTNERSHIP (PPP) CODE OF THE PHILIPPINES", and other 
related and necessary activities[7] such as site acquisition, supply or 
installation of equipment and materials, implementation, construction, 
completion, operation, maintenance, improvement, repair and 
rehabilitation, regardless of the source of funding^]; AND
"(B) PRIVATE ENTITY PROVIDING PUBLIC SERVICE - AS 
USED IN THIS ACT, THE TERM "PRIVATE ENTITY" SHALL 
REFER TO AN ENTITY THAT HAS BEEN GRANTED THE 
RIGHT OF EMINENT DOMAIN UNDER ITS FRANCHISE 
OR OTHER LAWS AND OPERATES, MANAGES, OR 
CONTROLS ANY OF THE FOLLOWING PUBLIC SERVICES:
(1) DISTRIBUTION OF ELECTRICITY;
(2) TRANSMISSION OF ELECTRICITY;
(3) 
PETROLEUM AND PETROLEUM PRODUCTS
PIPELINE TRANSMISSIONS SYSTEMS;
(4) WATER PIPELINE DISTRIBUTION SYSTEMS
AND WASTEWATER PIPELINE SYSTEMS,
INCLUDING SEWERAGE PIPELINE SYSTEMS;
(5) INTERNET CONNECTION,
TELECOMMUNICATIONS, AND CONNECTIVITY;
(6) AIRPORTS;
(7) SEAPORTS;


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(8) IRRIGATION PROJECTS; OR
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(9) OTHER SIMILAR PUBLIC SERVICES.
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[Subject to t] The provisions of Republic Act No. 7160,
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[otherwise-known as] OR the "Local Government Code of
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1991", [local government units (LGUs) may—also adopt the
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provisions of this Act for use in the acquisition of right-of-way
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for local government infrastructure projects] ON EMINENT
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DOMAIN SHALL CONTINUE 
TO HAVE FORCE AND
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EFFECT.
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Sec. 4. Section 4 of Republic Act No. 10752 is hereby amended to read as
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follows:
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"SEC. 4. Modes of Acquiring 
Reai Property. - (A) The
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government may acquire real property needed as right-of-way site or
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location for any national government infrastructure project, through
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donation, negotiated sale, expropriation, or any other mode of
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acquisition as provided by law.
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"In case of lands granted through Commonwealth Act No. 141, [as
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amended, otherwise known as] OR "The Public Land Act", AS
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AMENDED, AND REPUBLIC ACT NO. 10023, the implementing
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agency shall:
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(a) (i) Follow the other modes of acquisition enumerated in
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this Act, if the landowner is not the original patent holder
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and any previous acquisition of said land is not through a
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gratuitous title; or
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(b) (ii) Follow the provisions under Commonwealth Act No.
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141, as amended, regarding acquisition of right-of-way on
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patent lands, if the landowner is the original patent holder or
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the acquisition of the land from the original patent holder is
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through a gratuitous title.
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The implementing agency may utilize donation or A similar mode of
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acquisition if the landowner is a government-owned or [governmont]-
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controlied corporation.


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When it is necessary to build, construct, or install on the subsurface or
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subterranean portion of private and government lands owned,
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occupied, or leased by other persons, such infrastructure as subways,
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tunnels, underpasses, waterways, floodways, or utility facilities as part
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of the government's infrastructure and development project, the
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government or any of its authorized representatives shall not be
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prevented from entry into and use of the subsurface or subterranean
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portions of such private and government lands by surface owners or
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occupants, if such entry and use are made more than fifty (50) meters
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from the surface.
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"(B) SUBJECT TO THE OWNERSHIP RESTRICTIONS UNDER
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THE CONSTITUTION, A PRIVATE ENTITY MAY ACQUIRE
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PRIVATE LAND OR PATRIMONIAL PROPERTY FOR RIGHT-OF-
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WAY SITE OR LOCATION OF AN INFRASTRUCTURE PROJECT,
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AS MAY BE REASONABLY NECESSARY FOR THE EFFICIENT
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MAINTENANCE AND OPERATION OF THE PUBLIC SERVICE
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PURSUANT TO THE PRIVATE 
ENTITY'S FRANCHISE 
OR
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AUTHORITY TO OPERATE.''
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Sec. 5. A new Section 5 is hereby inserted after Section 4 of Republic Act No.
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10752 and the subsequent sections shall be renumbered accordingly:
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"SEC. 5. RIGHT-OF-WAY ACTION PLAN. - THE
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IMPLEMENTING AGENCY SHALL PREPARE A RIGHT-OF-WAY
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ACTION PLAN (RAP) BEFORE THE ACQUISITION OF
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PROPERTIES NEEDED AS RIGHT-OF-WAY FOR AN
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INFRASTRUCTURE PROJECT, WHICH SHALL CONTAIN THE
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FOLLOWING:
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(A) CENSUS AND PROFILE OF AFFECTED PERSONS;
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(B) INVENTORY OF AFFECTED ASSETS;
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(C) ESTIMATED RIGHT-OF-WAY COSTS, INCLUDING
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COMPENSATION FOR AFFECTED LAND, STRUCTURES, AND
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IMPROVEMENTS, INCLUDING MACHINERY CONSIDERED AS


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IMMOVABLES UNDER ARTICLE 415 OF THE NEW CIVIL CODE,
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AND CROPS AND TREES TO PROJECT-AFFECTED PERSONS;
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(D) SCHEDULE OF IMPLEMENTATION;
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(E) INSTITUTIONAL ARRANGEMENTS; AND
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(F) PROOF OF STAKEHOLDER CONSULTATIONS."
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Sec. 6. A new Section 6 is hereby inserted after the new Section 5 of
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Repubiic Act No. 10752 and the subsequent sections shaii be renumbered
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accordingiy:
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"SEC. 6. ENTRY AND USE OF PROPERTY WITHIN
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ANCESTRAL DOMAINS. - IN CASE OF ACQUISITION OF LAND
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WITHIN ANCESTRAL DOMAINS COVERED BY CERTIFICATES
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OF ANCESTRAL DOMAIN TITLE (CADT) OR ARE CONFIRMED
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BY THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES
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(NCIP) TO BE PART OF THE ANCESTRAL DOMAIN BUT ARE
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PENDING ISSUANCE OF THE CADT, THE IMPLEMENTING
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AGENCY SHALL SECURE THE NECESSARY CERTIFICATION
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PRECONDITION. AN INFRASTRUCTURE RIGHT-OF-WAY
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EASEMENT AGREEMENT SHALL BE EXECUTED BETWEEN THE
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IMPLEMENTING AGENCY AND THE NCIP-CERTIFIED
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INDIGENOUS POLITICAL STRUCTURE, AS PROVIDED FOR IN
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REPUBLIC ACT NO. 8371 OR THE "INDIGENOUS PEOPLES'
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RIGHTS ACT". UNDER THIS MODE, THE INDIGENOUS
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CULTURAL COMMUNITIES (ICCS) OR THE INDIGENOUS
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PEOPLES (IPS) SHALL GRANT THE IMPLEMENTING AGENCY
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THE ABSOLUTE AND UNIMPEDED RIGHT TO USE THE
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AFFECTED PORTION OF THEIR ANCESTRAL DOMAIN AS
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INFRASTRUCTURE RIGHT-OF-WAY WHILE THE PUBLIC
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PURPOSE REQUIREMENT SUBSISTS: PROVIDED, HOWEVER,
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THAT THE ICCS OR IPS SHALL RETAIN OWNERSHIP OF THAT
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PORTION OF THE LAND. FOR ICCS OR IPS WITH NO
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ESTABLISHED INDIGENOUS POLITICAL STRUCTURE, THE
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PROVISIONS OF REPUBLIC ACT NO. 8371 ON THE PROCESS


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OF FREE AND PRIOR INFORMED CONSENT (FPIC) SHALL BE
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OBSERVED. THE EASEMENT PRICE TO BE PAID SHALL BE IN
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ACCORDANCE WITH THE PROVISIONS OF THIS ACT."
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Sec. 7. Section 5 of Republic Act No. 10752 is hereby amended to read as
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follows:
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"SEC. [5] 7. Rules on Negotiated Sale. - The implementing
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agency OR THE PRIVATE ENTITY may offer to acquire, through
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negotiated sale, the right-of-way site or location for a national
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government infrastructure project OR PRIVATE INFRASTRUCTURE
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PROJECT, RESPECTIVELY, under the following rules:
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"(a) The implementing agency OR THE PRIVATE ENTITY shall offer
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to the property owner concerned, as compensation price, the sum of:
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(1) The [current] market value of the land;
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(2) The replacement cost of structures and improvements
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therein; and
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(3) The [current] market value of crops and trees therein.
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[To determine the appropriate price offer, the implementing
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agency may engage the services of a government financial institution
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with adequate experience in property appraisal, or on independent
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property appraiser accredited by the Bangko Sentral ng Pilipinas (BSP)
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or a professional association of appraisers recognized by the BSP to be
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procured by the implementing agency under the provisions of Republic
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Act No. 918'1, otherwise known as the "Government Procurement
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Reform Act", and its implementing rules and regulations pertaining to
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consulting services.]
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THE APPROPRIATE PRICE OFFER SHALL BE BASED ON
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THE VALUATION SYSTEM AND SCHEDULE OF MARKET VALUES
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ESTABLISHED UNDER REPUBLIC ACT NO. 12001, OR THE
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"REAL PROPERTY VALUATION AND ASSESSMENT REFORM
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ACT".


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If the property owner does not accept the price offer, the 
implementing agency OR THE PRIVATE ENTITY shall initiate 
expropriation proceedings [pursuant to] UNDER Section [6] 8 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 AN offer or [falls 
and/or refuses] to submit the documents necessary for payments, the 
implementing agency OR THE PRIVATE ENTITY shall immediately 
initiate expropriation proceedings as provided FOR in Section [6] 8 
[fterem] HEREOF.
"(b) Subparagraph (a)(2) of Section [5] 7 hereof shall also apply to all 
owners of structures and improvements who do not have legally 
recognized rights to the land, 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; [and]
(3) Must not be a professional squatter or a member of a 
squatting syndicate, as defined in Republic Act No. 7279, 
[otherwise known as] OR the "Urban Development and Housing 
Act of 1992'V AS AMENDED; AND
(4) MUST NOT OCCUPY AN EXISTING RIGHT-OF-WAY 
WHICH IS TITLED TO THE GOVERNMENT.
"(c) With regard to the taxes and fees relative to the transfer of title of 
the property to the Republic of the Philippines through negotiated sale, 
the implementing agency OR THE PRIVATE ENTITY shall pay, for 
the account of the seller, the capital gains tax[7]. THIS PROVISION 
SHALL ONLY APPLY TO THE NEGOTIATED SALE OF PROPERTY 
CLASSIFIED AS CAPITAL ASSETS. NEGOTIATED SALE OF 
PROPERTY CLASSIFIED AS ORDINARY ASSETS ARE SUBJECT 
TO THE EXISTING RULES AND REGULATIONS OF THE BIR, as


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well as the documentary stamp tax, transfer tax and registration fees, 
while the PROPERTY owner shall pay any unpaid real property tax.
"(d) If requested by the property owner, the implementing agency OR 
THE PRIVATE ENTITY shall remit to the LGU concerned the amount 
corresponding to any unpaid real property tax, subject to the 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 OR THE 
PRIVATE ENTITY shall execute a deed of absolute sale: Provided, 
That the property owner has submitted to the implementing agency 
OR THE PRIVATE ENTITY the ORIGINAL OR 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 OR THE PRIVATE ENTITY 
shall cause the annotation of the deed of absolute sale on the 
[Transfer] Certificate of Titled : PROVIDED, FURTHER, THAT IN 
THE CASE OF UNTITLED LANDS, THE POSSESSOR OF THE 
PROPERTY SHALL SUBMIT TO THE IMPLEMENTING AGENCY, 
THE FOLLOWING:
(I) TAX DECLARATION SHOWING THE POSSESSOR'S AND 
THE PREDECESSORS' OPEN, CONTINUOUS, EXCLUSIVE, 
AND NOTORIOUS POSSESSION OF THE LAND FOR AT 
LEAST TWENTY (20) YEARS;
(II) AFFIDAVIT FROM AT LEAST TWO (2) DISINTERESTED 
RESIDENTS OF THE BARANGAY WHERE THE LAND IS 
LOCATED THAT THE POSSESSOR OR THE PREDECESSORS 
HAVE CONTINUOUSLY OCCUPIED THE LAND FOR AT 
LEAST TWENTY (20) YEARS;
(III) REAL PROPERTY TAX CERTIFICATE;
(IV) CERTIFICATION FROM THE DENR THAT THE LAND IS 
ALIENABLE AND DISPOSABLE;


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(V) TECHNICAL DESCRIPTION OF THE PROPERTY AND 
MAP BASED ON A SURVEY CONDUCTED BY A LICENSED 
GEODETIC ENGINEER AND APPROVED BY THE DENR; AND
(VI) OTHER DOCUMENTS THAT SHOW OWNERSHIP: 
PROVIDED, FURTHERMORE, THAT UPON SUBMISSION OF 
ALL THE ABOVE-LISTED REQUIREMENTS TO CAUSE THE 
TRANSFER OF THE TITLE TO THE REPUBLIC OF THE 
PHILIPPINES, THE PROPERTY POSSESSOR SHALL BE 
REIMBURSED THE COST THEREOF UPON SUFFICIENT 
PROOF.
"(f) Upon the execution of a deed of sale, the implementing agency 
OR THE PRIVATE ENTITY shali pay the property owner:
(1) [Fifty percent (50%)] SEVENTY PERCENT (70%) of the 
negotiated price of the affected land, exclusive of taxes remitted 
to the LGU concerned under subparagraph (d) herein; and
(2) Seventy percent (70%) of the negotiated price of the 
affected structures, improvements, crops and trees, exclusive of 
unpaid taxes remitted to the LGU concerned under 
subparagraph (d) herein.
THE IMPLEMENTING AGENCY OR PRIVATE ENTITY 
SHALL PROMPTLY PAY THE ABOVE SUMS UPON THE 
EXECUTION OF THE DEED OF SALE OR NO LATER THAN 
THIRTY (30) DAYS THEREAFTER.
"(g) The impiementing agency OR THE PRIVATE ENTITY shali, at 
the times stated hereunder, pay the property owner the remaining 
[fifty percent (50%)] THIRTY PERCENT (30%) of the negotiated 
price of the affected iand[7] and [thirty percent (30%)] of the affected 
structures, improvements, crops and trees, exciusive of unpaid taxes 
remitted to the LGU concerned under subparagraph (d) herein: 
Provided, That the iand is already completely cleared of structures, 
improvements, crops and trees:


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(1) At the time of the transfer of title in the name of the
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Republic of the Philippines, in cases where the land is wholly
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affected; or
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(2) At the time of the annotation of a deed of sale on the title,
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in cases where the land is partially affected.
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THE IMPLEMENTING AGENCY OR PRIVATE ENTITY
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SHALL PROMPTLY PAY THE REMAINING BALANCE NO LATER
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THAN SIXTY (60) DAYS FROM THE TRANSFER OF TITLE OR
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ANNOTATION OF THE DEED OF SALE THEREON.
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The provisions of subparagraph (a) herein shall also apply to
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outstanding claims for right-of-way payments, except that the amount
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to be offered shall be the price at the time of taking of the property,
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including legal interest until fully paid."
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Sec. 8. Section 6 of Republic Act No. 10752 is hereby amended to read as
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follows:
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"SEC. [6] 8. Guidelines for Expropriation Proceedings. -
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Whenever it is necessary to acquire real property for the right-of-way
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site or location [for] OF an[y national government] infrastructure
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PROJECT through expropriation BY THE GOVERNMENT OR A
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PRIVATE ENTITY, the appropriate implementing agency, through the
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Office of the Solicitor General, the Office of the Government Corporate
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Counsel, [or] their deputized government or private legal counsel, OR
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THE PRIVATE ENTITY, THROUGH ITS DESIGNATED LEGAL
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COUNSEL, shall immediately initiate the expropriation proceedings
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before the proper court under the following guidelines:
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"(a) Upon the filing of the complaint or at any time thereafter, and
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after due notice to the [defendant] PROPERTY OWNER, the
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implementing agency OR THE PRIVATE ENTITY shall immediately
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deposit to the court in favor of the PROPERTY owner the amount
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equivalent to the sum of:
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(1) [One hundred percent (100%)] FIFTY PERCENT
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(50%) of the [value of the land based on the current relevant
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zQFtal-valuation of the BIR, isGued not more than three (3) years
prior to the filing of the expropriation complaint subject to
subparagraph (c) of thlG gcction] MARKET VALUE OF THE 
LAND;
(2) 
SEVENTY PERCENT (70%) OF [T]The
replacement cost at [current] market value of the 
improvements, MACHINERY CONSIDERED AS IMMOVABLE 
UNDER ARTICLE 415 OF THE NEW CIVIL CODE and
structures; AND [as determined by:
(i) The implementing agency;
(ii) A government financial institution with adequate
experience in property-appraisal; and
(ill) An independent property appraiser accredited by the
BSP].
(3) SEVENTY PERCENT (70%) OF [T]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]
THE FOREGOING AMOUNTS SHALL BE BASED ON THE 
APPROVED SMV ESTABLISHED UNDER R.A. NO. 12001. IN 
THE ABSENCE OF THE APPROVED SMV, THE FOLLOWING 
SHALL, IN THE INTERIM, BE USED IN DETERMINING THE 
APPROPRIATE AMOUNT FOR DEPOSIT: (I) THE BIR ZONAL 
VALUATION OF THE LAND, AND (II) THE ASSESSED VALUE OF 
THE IMPROVEMENTS, INCLUDING MACHINERY CONSIDERED 
AS IMMOVABLES UNDER ARTICLE 415 OF THE NEW CIVIL 
CODE, STRUCTURES, CROPS OR TREES.
Upon compliance with the guidelines above-mentioned, the 
court shall immediately issue to the implementing agency OR THE 
PRIVATE ENTITY an order to take possession of the property and 
start the implementation of the project.
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[If, within GGvcn (7) working days after the deposit to the court 
of the amount cquivalont to the sum undor-subparagrapho (a)(1) to
(a)(3) of this section, the court-has not issued to the implementing
agency a writ of possession for the affected property, the counsd of
the implementing agency shall immediately seek from the court the
issuance of the writ ef-possession.] The court shall issue the writ of 
possession ex parte; no hearing shall be required.
The court shall release the amount to the PROPERTY owner 
upon presentation of sufficient proof[s] of ownership.
"(b) In case the owner of the property cannot be found, [if] IS 
unknown, or deceased in cases where the estate has not been settled, 
after exerting due diligence, or there are conflicting claims over the 
ownership of the property and improvements and/OR structures 
thereon, the implementing agency OR THE PRIVATE ENTITY shall 
deposit the amount equivalent to the sum under subparagraphs (a)(1) 
to (a)(3) of this section to the court for the benefit of the person to be 
adjudged in the same proceeding as entitled thereto.
Upon compliance with the guidelines above-mentioned, the 
court shall immediately issue to the implementing agency OR THE 
PRIVATE ENTITY an order to take possession of the property and 
start the implementation of the project.
[If, within seven (7) working days after the deposit with the 
court of the amount equivalent to the sum under subparagraphs
(a)(1) to-(a)(3) of-this soction, the court has not issued to the
implementing agency a writ of poGSCGsion for the affected-propertyj
the counsel of the implementing agency shall immediately seek with
the court the issuance of the writ of possession.]
The court shall release the said amount to the person adjudged 
in the same expropriation proceeding as entitled thereto.
"(c) In provinces, cities, municipalities, and other areas where there is 
no land classification, the city or municipal assessor is hereby 
mandated, within the period of sixty (60) days from the date of filing
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of the expropriation case, to come up with the required iand 
classification and the corresponding declaration of real property and 
improvement for the area. [In provinces, cities, municipalities, and 
other areas whore there is no zonal valuation, or where the current
zonal valuation has been in force for more than three (3) years, the
BIR is mandated, within-tho period- of sixty (60) days from the date of
filing of the expropriation case, to conduct a zonal valuation of the
area, based on the land classification done by the city or municipal
assessor.]
"(d) With reference to subparagraph (a)(1) of this section, in case the 
completion of a government infrastructure project is of utmost urgency 
and importance, and there is no land classification [or no existing zonal 
valuation of the area concerned or the zonal valuation has boon in
force for more than throe (3) years,] the implementing agency OR 
THE PRIVATE ENTITY shall use the [BIR zonal] MARKET value 
PURSUANT TO THE APPROVED SMV ESTABLISHED UNDER R.A. 
NO. 12001 and land classification of similar lands within the adjacent 
vicinity as the basis for the valuation.
IN THE ABSENCE OF THE APPROVED SMV UNDER REPUBLIC 
ACT NO. 12001, THE BIR ZONAL VALUATION OF SIMILAR 
LANDS WITHIN THE ADJACENT VICINITY, SHALL, IN THE 
INTERIM BE USED.
"(e) In any of the cases in subparagraphs (a) to (d) of this section, 
upon its receipt of the writ of possession issued by the court, the 
implementing agency OR THE PRIVATE ENTITY may take 
possession of the property and start the implementation of the project. 
"(f) In the event that the owner of the property contests the 
implementing agency OR THE PRIVATE ENTITY'S proffered value, 
the court shall determine the just compensation to be paid the 
PROPERTY owner within sixty (60) days from the date of filing of the 
expropriation case. When the decision of the court becomes final and 
executory, the implementing agency OR THE PRIVATE ENTITY shall
13


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pay the PROPERTY owner the difference between the amount already
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paid and the just compensation as determined by the court.
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"(g) With regard to the taxes and fees relative to the transfer of title of
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the property to the Republic of the Philippines through expropriation
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proceedings, the implementing agency OR THE PRIVATE ENTITY
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shall pay the documentary stamp tax, transfer tax and registration
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fees, while the PROPERTY owner shall pay the capital gains tax and
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any unpaid real property tax."
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Sec. 9. Section 7 of Republic Act No. 10752 is hereby amended to read as
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follows and the subsequent sections shall be renumbered accordingly:
11 
"SEC. [7] 9. Standards for the Assessment of the Value of the
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Property Subject to Negotiated Sale. - In order to facilitate the
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determination of the market value of the property, the following
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relevant standards shall be observed:
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(a) The classification and use for which the property is suited;
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(b) The CURRENT ESTIMATED development cost for
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improving the land;
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(c)The value declared by the owners;
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(d) The current [selling price] MARKET VALUE of similar
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lands in the vicinity;
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(e) The reasonable disturbance compensation for the removal
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and/OR demolition of certain improvements on the land and for the
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value of improvements thereon;
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(f) The size, shape or location, tax declaration, and THE
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APPROVED SMV ESTABLISHED UNDER R.A. NO. 12001, OR
26 
[zonal valuation of the land] IN THE ABSENCE OF SUCH SMV, THE
27 
BIR ZONAL VALUATION OF SIMILAR LANDS WITHIN THE
28 
ADJACENT VICINITY SHALL, IN THE INTERIM, BE USED."
29 
"(g) XXX
30 
"(h) XXX
31 
"The implementing rules and regulations (IRR) to be prepared
32 
under Section 13 hereof shall include, among other things, the terms
14


1 
of reference which shall be used by the government financial
2 
institutions and independent property appraisers in the determination
3 
of the market value of the land. The terms of reference shall define in
4 
detail the standards stated herein."
5 
Sec. 10. Section 9 of Republic Act No. 10752 is hereby amended to read as
6 
follows:
7 
"SEC. f9^ 11. Relocation of Informal Settlers. - The
8 
DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN
9 
DEVELOPMENT (DHSUD), THROUGH THE APPROPRIATE KEY
10 
SHELTER AGENCY, [ government, through the Housing and Urban
11 
Dovclopmont Coordinating Council (HUDGC) and the National Housing
12 
Authority (NHA),] in coordination with the LGUs and implementing
13 
agencies concerned, shall establish and develop resettlement sites for
14 
informal settlers, including the provision of adequate basic services and
15 
community facilities, in anticipation of informal settlers that have to be
16 
removed from the right-of-way site or location of future infrastructure
17 
projects, pursuant to the provisions of Republic Act No. 7279,
18 
[othcrwisG known as] OR the "Urban Development and Housing Act of
19 
1992." Whenever applicable, the concerned LGUs shall provide and
20 
administer the resettlement sites.
21 
In case the expropriated land is occupied by informal settlers
22 
who refuse or are unable to demolish their structures and other
23 
improvements therein despite the writ of possession issued by the
24 
court under Section [6] 8 hereof, the court shall issue the necessary
25 
writ of demolition for the purpose of dismantling any and all structures
26 
found within the subject property. The implementing agency shall take
27 
into account and observe diligently the procedure provided for in
28 
Sections 28 and 29 of Republic Act No. 7279."
29 
Sec. 11. Section 10 of Republic Act No. 10752 is hereby amended to read as
30 
follows:
31 
"SEC. [40] 12. Appropriations for Acquisition of Right-Of-Way
32 
Site or Location for National Government Infrastructure Projects in
15


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2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
Advance of Project Implementation. - The government shall provide 
adequate appropriations that wiii allow the concerned implementing 
agencies to acquire the required right-of-way site or location for 
nationai government infrastructure projects in advance of project 
implementation. These appropriations shail 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 parceilary surveys and appraisai of properties 
affected by the projects;
(b) Compensation for the project-affected land, structures, 
improvements, INCLUDING MACHINERY CONSIDERED AS 
IMMOVABLE UNDER ARTICLE 415 OF THE NEW CIVIL CODE,
crops and trees;
(c) Cost of development and implementation of resettlement 
projects covered by this Act, including pianning, social preparation, and 
other activities under the resettlement action plan; and
(d) Related expenses of the implementing agency, including 
capital gains tax in the case of negotiated saie under Section [5] 7 
hereof documentary stamp tax, transfer tax and registration fees for 
the transfer of titles, and other relevant administrative expenses for 
right-of-way management.
FOR PUBLIC-PRIVATE PARTNERSHIP (PPP) PROJECTS, 
APPROPRIATIONS FOR THE ACQUISITION OF RIGHT-OF-WAY 
SHALL BE IN ACCORDANCE WITH REPUBLIC ACT NO. 11966, 
ITS IMPLEMENTING RULES AND REGULATIONS, AND ANY 
AMENDMENTS THERETO.
[In public-privotc-partncrship (PPP) projects, the modalities 
of which arc defined in Republic Act No. 6957 as amended by
Republic Act No. 7718, the implGmcnting agency may, as part ofl:-he
contract terms and conditions, require the project proponent tOr
16


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2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
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18
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27
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29
30
31
(1-) -AdvancG the funds covering the cost of the right-of-way 
which shall be reimbursed later by the implGmcnting agency, except
for unsolicited proposals; or
(2) Finance the right-of-way cost which sholl be recovered 
portly or fully by the proponent from the tolls, fees, or tariffs to be
chorgod to the users of the completed project.]"
Sec. 12. Section 11 of Republic Act No. 10752 is hereby amended to read as
follows:
"SEC. [44] 13. 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/ [defined right-of-way,] no national government 
agency or LOCAL GOVERNMENT UNIT (LGU) shall, within two (2) 
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 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."
Sec. 13. Section 12 of Republic Act No. 10752 is hereby amended to read as
follows:
"SEC. [4^] 14. Sanctions. - 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 in accordance with the provisions of the law.
VIOLATION BY A PRIVATE ENTITY OF ANY PROVISION OF 
THIS ACT SHALL SUBJECT ITS PRESIDENT, MANAGER,
17


1 
DIRECTOR, TRUSTEE, OR RESPONSIBLE OFFICERS TO CIVIL OR
2 
CRIMINAL SANCTIONS."
3 
Sec. 14. A new Section 15 is hereby inserted after the renumbered Section
4 
14 of Republic Act No. 10752 and the subsequent sections shall be renumbered
5 
accordingly:
6 
"SEC. 15. APPLICABILITY OF REPUBLIC ACT NO. 8975. -
7 
THE PROVISIONS OF REPUBLIC ACT NO. 8975 ON THE
8 
PROHIBITION AND PENAL SANCTION ON THE ISSUANCE OF
9 
TEMPORARY RESTRAINING ORDERS, PRELIMINARY
10 
INJUNCTIONS, OR PRELIMINARY MANDATORY INJUNCTIONS
11 
SHALL APPLY."
12 
Sec. 15. A new Section 16 is hereby inserted after the new Section 15 of
13 
Republic Act No. 10752 and the subsequent sections shall be renumbered
14 
accordingly:
15 
"SEC. 16. PUBLIC DISCLOSURE OF ESSENTIAL RIGHT-
16 
OF-WAY INFORMATION. - THE IMPLEMENTING AGENCY OR
17 
THE PRIVATE ENTITY SHALL PUBLISH, THROUGH THEIR
18 
RESPECTIVE WEBSITES, ESSENTIAL INFORMATION ON THE
19 
RIGHT-OF-WAY ACQUISITION PROCESS SUCH AS, BUT NOT
20 
LIMITED TO: ROW ACTION PLAN (RAP), STATUS OF ROW
21 
CLAIMS AND STATUS OF EXPROPRIATION CASES, SUBJECT TO
22 
THE PROVISIONS OF REPUBLIC ACT NO. 10173 OR "THE DATA
23 
PRIVACY ACT OF 2012."
24 
Sec. 16. Section 13 of Republic Act No. 10752 is hereby amended to read as
25 
follows:
26 
"SEC. [43] 17. Implementing Rules and Regulations (IRR). - A
27 
committee shall prepare, in consultation with key stakeholders, the IRR
28 
for the proper implementation of this Act within sixty (60) days from its
29 
approval.
30 
The committee shall be composed of the following officials or
31 
their duly designated representatives:
18


1 
(a) The Secretary of the Department of Public Works and
2 
Highways as Chairperson;
3 
(b) The Secretary of the Department of Transportation [and
4 
Communications] as member;
5 
(c) The Secretary of the Department of Energy as member;
6 
(D) THE 
SECRETARY 
OF 
THE DEPARTMENT OF
7 
INFORMATION AND COMMUNICATIONS TECHNOLOGY AS
8 
MEMBER;
9 
(E) THE 
SECRETARY 
OF 
THE 
DEPARTMENT 
OF
10 
ENVIRONMENT AND NATURAL RESOURCES AS MEMBER;
11 
(F) THE 
SECRETARY 
OF 
THE 
DEPARTMENT OF
12 
AGRICULTURE AS MEMBER;
13 
(G) THE 
SECRETARY 
OF 
THE 
DEPARTMENT 
OF
14 
INTERIOR AND LOCAL GOVERNMENT AS MEMBER;
15 
(H) THE SECRETARY OF THE DEPARTMENT OF FINANCE
16 
AS MEMBER;
17 
(d) (I) Secretary of the Department of Justice as member;
18 
Secretary of the Department of Budget and
19 
Management as member;
20 
(f) (K) The SECRETARY [Director General] of the National
21 
Economic and Development Authority as member;
22 
(§) (L) THE SECRETARY OF THE DEPARTMENT OF
23 
HUMAN SETTLEMENTS AND 
URBAN DEVELOPMENT [The
24 
Chairperson of the HUDCC] as member; [and]
25 
(M) THE 
SECRETARY 
OF 
THE 
DEPARTMENT 
OF
26 
AGRARIAN REFORM AS MEMBER; AND
27 
(h) (N) Other representatives of concerned entities as
28 
determined by the committee as members."
29 
Sec. 17. Transitory Clause. - The provisions of this Act shall apply to all right-
30 
of-way transactions, except those which, as of the effectivity of this Act, the
31 
Implementing Agency or the Private Entity and the property owner have reached a
32 
written agreement on the agreed amount of compensation.
19


1 
Sec. 18. Separability Clause. - If any provision of this Act is deciared
2 
unconstitutionai, the remainder thereof not otherwise affected shaii remain in foil
3 
force and effect.
4 
Sec. 19. Repealing Clause. - Ail laws, presidential decrees, executive orders,
5 
letters of instruction, proclamations, or administrative regulations that are
6 
inconsistent with the provisions of this Act are hereby repealed, amended, or
7 
modified accordingly.
8 
Sec. 20. Effectivity Clause. - This Act shall take effect after fifteen (15) days
9 
following its publication in the Official Gazette or in a newspaper of general
10 
circulation.
11 
Approved,
20