NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 2824 _

Introduced by Representative Ralph G. Recto

AN ACT
FURTHER FACILITATING THE ACQUISITION OF UNTITLED LANDS FOR
PUBLIC USE, AMENDING FOR THIS PURPOSE SECTIONS S AND 6 OF
REPUBLIC ACT NO, 10752, ENTITLED “AN ACT FACILITATING THE
ACQUISITION OF RIGHT-OF-WAY SITE OR LOCATION FOR NATIONAL
GOVERNMENT INFRASTRUCTURE PROJECTS”

EXPLANATORY NOTE

This proposed measure seeks to further facilitate the acquisition of untitled

lands for national government infrastructure projects.

Section 9, Article 11] of the 1987 Constitution mandates that private property

shall not be taken for public use without just compensation. In furtherance of this
7

enacted in 2016 to ensure that

a

2 wa

Constitutional precept. Republic Act No.
owners of real property acquired for national government infrastructure projects are

an for the expeditious government acquisition of the

promptly paid just

required right-of

The perennial issue of determining the just compensation for private properties
acquired or expropriated by the government has been addressed by the adoption of
negotiated sale as one of the mades of acquiring real property under RA No. 10752

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With this mode, the government through its implementing agencies and the property

tion,

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an equal footing in the course of the trans

owner are, mor



However, there are still right-of-way issues that hound the implementing

agencies of the government such as on the acquisition of untitied lands. The owners
or occupants are experiencing difficulty in complying with the cocumentary

requirements lo show proo! of ownership. Mest of them only have the tax declaration

in their possession as their proof of ownership while the implementing rules and
regulations (IRR) of RA No, 10752 requires the current land owner to present not only

the tax declaration showing his open and continuous possession of the property but

also those of his predecessers’ open and continuous possession of the property and

that the cumulative period of possession should be for at least thirty (30) years.

In a long line of cases, the Supreme Court ruled that the tax declaration, by

itself, ts not a conclusive proof of ownership. The owner must rove actual,

adverse, public, continuous, peaceful and uninterrupted possession of the property to

claim ownership. This is in hine with the Civil Code provision on acquisitive prescription
which states that ownership and other real nghts over immovables also prescribe
through uninterrupted adverse possession thereof for 30 years, without need of title

of of good faith

The difficulty in presenting all the necessary documents showing proof of
ownership and possession of the property for the last 30 years causes undue delay in
the acquisition of private properties, thereby forestalling the implementation of various
infrastructure projects such as tarm-to-market roads and bridges, among others. To
address this problem, it is only reasonable that the law on acquisition of private
property for public purpose must make rcom for an exception to the stringent
requirements on acquisitive prescription and allow the tax declaration showing open

and continuous possession of the property for at least five (5) years as sufficient proof

of ownership.

In view of the foregoing, the approval of this bill is earnestly sought.

LPH &

499


NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATIVES

To, 2824

House Bill No.

introduced by Representative Ralph G. Recto

AN ACT
FURTHER FACILITATING THE ACQUISITION OF UNTITLED LANDS FOR
PUBLIC USE, AMENDING FOR THIS PURPOSE SECTIONS 5 AND 6 OF
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 House of Representatives of the Philippines in
Congress assembled
Saction 1. Section 5 of Republic Act No. 10752, 1s hereby further amended to
read as follows:
“SEC. 5. Rules en Negotiated Sale. - The nnplementing 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) xxx
“KK
“{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 Titlef.:
PROVIDED, FURTHER, THAT IN CASE OF UNTITLED LANDS SUBJECT
OF ACQUISITION THROUGH NEGOTIATED SALE, THE PROPERTY

OWNER SHALL BE COMPENSATED FOR THE VALUE OF THE LAND



WHICH SHALL NOT EXCEED TWICE THE CURRENT ZONAL VALUATION
OF THE BUREAU OF INTERNAL REVENUE (BIR) UPON SUBMISSION
OF THE FOLLOWING DOCUMENTS:

(1) TAX DECLARATION SHOWING THE OWNER AND HIS
PREDECESSORS’ OPEN AND CONTINUOUS POSSESSION OF THE
PROPERTY FOR AT LEAST FIVE (5) YEARS;

(2) AFFIDAVIT OF TWO (2) DISINTERESTED PERSONS WHO
ARE RESIDING IN THE BARANGAY OF THE CITY OR MUNICIPALITY
WHERE THE LAND JS LOCATED, ATTESTING TO THE TRUTH OF THE
FACTS THAT THE OWNER HAS, EITHER BY HIMSELF OR THROUGH HIS
PREDECESSOR-IN-INTEREST, ACTUALLY OCCUPIED AND
CONTINUOUSLY POSSESSED THE LAND FOR AT LEAST FIVE (5)
YEARS, UNDER A BONA FIDE CLAIM OF ACQUISITION OF
OWNERSHIP;

(3) REAL PROPERTY TAX CERTIFICATE;

(4) CERTIFICATION FROM THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (DENR) THAT THE LAND
IS ALIENABLE AND DISPOSABLE;

(5) TECHNICAL DESCRIPTION AND MAP BASED ON AN
ACTUAL SURVEY CONDUCTED BY A LICENSED GEODETIC ENGINEER
AND APPROVED BY THE DENR; AND

(6) OTHER DOCUMENTS THAT MAY SHOW PROOF OF
OWNERSHIP.

x”

Sec. 2. Section 6 of Republic Act Na. 10752, is hereby further amended to read

as follows:



“The court shall release the amount to the owner upon presentation of
sufficient proofs of ownership SUCH AS THE TRANSFER CERTIFICATE OF
TITLE, TAX DECLARATION SHOWING THE OWNER AND HIS
PREDECESSORS’ OPEN AND CONTINUOUS POSSESSION OF THE
PROPERTY FOR AT LEAST FIVE (5) YEARS, REAL PROPERTY TAX
CERTIFICATE, AND OTHER DOCUMENTS SHOWING PROOF OF
OWNERSHIP.

"0K"

Sec. 3. Implementing Rules and Regulations (IRR). — Within thirty (30) days
from the effectivity of this Act, the Department of Public Works and Highways (DPWH),
Department of Transportation (DOTr), DENR, Department of Justice (DOJ), and the
Department of Budgct and Management (DBM), shall promulgate the necessary rules
and regulations for its effective implementation,

Sec. 4. Separability Clzuse. — If any provision or part hereof is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in full force and effect.

‘Sec. 5. Repealing Clause. - All laws, acts, decrees, executive orders, issuances,

and rules and regulations or parts thereof which are contrary te and inconsistent with
this Act are hereby repealed, amended or modified accordingly.

Sec. 6. Effectivity. ~ This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,