Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City Mv

NINETEENTH CONGRESS
First Regular Session

2086

HOUSE BILL NO.***

Introduced by Representative Salvador A. Pleyto, Sr.

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 (ji) 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 Pian (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.


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 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.

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.

In Section 4, this Bill proposes that, for foreign-assisted projects under Official
Development Assistance (ODA), the guidelines and procedures conceming ROW
acquisition under the loan or grant agreement signed and executed by the
Government of the Philippines and the ODA institution shall be observed

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.

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.

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

2


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 occupy an existing
government ROW: this will discourage illegal encroachment. The Bill also clarifies
that this applies 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.

|. Also, Section § 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 unti fully paid. It is very difficult to backtrack
the market value for properties with outstanding claims, especially those that are
several decades ago,

|. 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 any of the following - instead of all of them which
is impractical

“(i) The implementing agency; OR
“(i) A government financial institution with adequate experience in property
appraisal; OR

“(ii) 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 activites.

1. Minor refinements are proposed in Section 11 (Regulation of Developments within
ROW).

0. 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 Resources, Agriculture, interior and Local Government,
Finance, and Human Settlements and Urban Development.

Early approval of this measure is earnestly sought.

Salvador KéPleyto, Sr.

i


Republic of the Phil

HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO.. 2086

Introduced by Representative Salvador A. Pleyto, Sr.

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

“(eC) 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

(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 BYCERTIFICATES OF ANCESTRAL DOMAIN
TITLE (CADT) OR LANDS WITH PENDING ISSUANCE OF THE CADT WHCH THE
NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) CONFIRMS AS
ANCESTRAL DOMAIN, THE IMPLEMENTING AGENCY SHALL SECURE THE
NECESSARY CERTIFICATION PRECONDITION, AFTER WHICH AN

6


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 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 |S
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

Fecognized_by-BSR, 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

7


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.

“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.


“() 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 shail, 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 concemed 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 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

“(i) A government financial institution with adequate experience in
property appraisal; and OR

“(ii) An independent property appraiser, accredited_by the BSP
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 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;

10


“(B) Cost of 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

(@)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. 5. 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.

Sec. 6. 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;

1


“(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 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. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 8. Separability Clause. — If any provision of this Act is held invalid, the
other provisions not affected thereby shall continue in operation.

Sec. 9. Effectivity. —This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Approved

12