Question & AnswerQ&A (Republic Act No. 8974)
The primary purpose of Republic Act No. 8974 is to facilitate the acquisition of right-of-way, site, or location for national government infrastructure projects and to ensure that owners of real property acquired for such projects are promptly paid just compensation.
"National government projects" refer to all national government infrastructure, engineering works and service contracts, including projects undertaken by government-owned and -controlled corporations, projects under Republic Act No. 6957 (Build-Operate-and-Transfer Law), and other related activities such as site acquisition, construction, operation, maintenance, and repair regardless of funding source.
The government may acquire real property through donation, negotiated sale, expropriation, or any other mode of acquisition as provided by law.
Upon filing, the implementing agency must notify the defendant and immediately pay the owner the sum equivalent to (1) 100% of the property's value based on the Bureau of Internal Revenue's current zonal valuation, and (2) the value of improvements or structures on the property.
The Bureau of Internal Revenue is mandated to establish a zonal valuation within 60 days from the filing of the expropriation case. If the project is urgent and no valuation exists, the implementing agency shall pay the owner its proffered value considering standards prescribed under Section 5 of the Act.
The court shall immediately issue an order allowing the implementing agency to take possession of the property and begin project implementation, provided the agency presents a certificate of availability of funds.
The court may consider factors such as property classification and suitability, developmental costs, owner-declared value, current selling price of similar lands, reasonable disturbance compensation, size and location of the land, tax declaration and zonal valuation, ocular findings, and facts enabling owners to acquire similar lands and rehabilitate themselves.
The court shall determine just compensation within 60 days from filing. Once the court's decision becomes final and executory, the implementing agency shall pay the owner the difference between the previously paid amount and the court-determined just compensation.
The Department of Public Works and Highways, together with other implementing agencies and local government units, must adopt implementing rules within 60 days to equitably value improvements and structures on expropriated land.
Implementing agencies must consider ecological and environmental impacts, comply with environmental laws, land use ordinances, and relevant provisions of the Local Government Code before undertaking national government projects.
The government, through the National Housing Authority and in coordination with local governments and agencies, shall establish relocation sites with utilities and services. Courts may issue writs of demolition for illegal structures, and procedures under the Urban Development and Housing Act must be observed.
Violations shall subject officials to administrative, civil, and/or criminal sanctions including suspension, dismissal from service, and forfeiture of benefits.
A committee headed by the Secretary of the Department of Public Works and Highways, including secretaries of the Departments of Transportation and Communications, Energy, and presidents of leagues of provinces, cities, and municipalities, must prepare rules within 60 days from approval.