Question & AnswerQ&A (Republic Act No. 10752)
The Act shall be known as "The Right-of-Way Act."
Article III, Section 9 of the Constitution states that private property shall not be taken for public use without just compensation.
It refers to all national government infrastructure projects and its public service facilities, engineering works and service contracts, including projects by government-owned or controlled corporations, projects covered by Republic Act No. 6957 as amended, and related activities such as site acquisition, supply or installation of equipment and materials, construction, operation, maintenance, and other necessary activities regardless of funding source.
The government may acquire real property through donation, negotiated sale, expropriation, or any other mode provided by law.
If the landowner is not the original patent holder and the land was not acquired through gratuitous title, other modes under RA 10752 must be followed; if the landowner is the original patent holder or acquisition was through gratuitous title, provisions under the Public Land Act apply.
The sum of (1) current market value of the land, (2) replacement cost of structures and improvements, and (3) current market value of crops and trees on the property.
The implementing agency shall immediately initiate expropriation proceedings.
Owners who are Filipino citizens, do not own other real property or housing, and are not professional squatters may receive replacement cost compensation for structures and improvements even without legal ownership of the land.
The implementing agency pays the capital gains tax, documentary stamp tax, transfer tax, and registration fees; the property owner pays any unpaid real property tax.
Upon filing, the implementing agency must deposit to the court an amount equivalent to 100% of BIR zonal value of the land, replacement cost of structures, and market value of crops/trees. The court then issues a writ of possession to allow project implementation.
The court shall determine the just compensation within 60 days from filing. The implementing agency shall pay the owner the difference between the deposited amount and the court-determined just compensation once the decision is final.
To prepare the Implementing Rules and Regulations (IRR) within 60 days from the Act's effectivity for its proper implementation.
Government officials or employees who violate the Act are subject to administrative, civil, or criminal sanctions, including suspension, dismissal, and forfeiture of benefits as provided by law.
Factors include property classification and suited use, development cost, declared value by owner, current selling price of similar lands, reasonable disturbance compensation, size/shape/location, tax declaration and zonal valuation, and evidence presented.
The implementing agency must consider ecological and environmental impacts, environmental laws, land-use ordinances, and pertinent provisions of the Local Government Code before undertaking projects.
The government, through HUDCC, NHA, and in coordination with LGUs, shall establish and develop resettlement sites with adequate basic services and community facilities for informal settlers removed from right-of-way sites.
No government agency or LGU shall allow any development, construction, or issue permits contrary to the approved project plans within the right-of-way unless authorized by the head of the implementing agency.
Fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Republic Act No. 8974 is repealed by RA 10752.