QuestionsQuestions (Republic Act No. 10752)
RA 10752 is titled the “Right-of-Way Act.” Its purpose is to facilitate the acquisition of right-of-way sites or locations for national government infrastructure projects by ensuring owners are promptly paid just compensation.
It references Article III, Section 9 of the Constitution: private property shall not be taken for public use without just compensation.
All national government infrastructure projects and their public service facilities, engineering works, and service contracts, including projects by GOCCs; projects covered by RA 6957 as amended by RA 7718 (BOT Law); and related activities (site acquisition, construction, operation, maintenance, improvement, repair, rehabilitation), regardless of funding source.
Subject to RA 7160 (Local Government Code), LGUs may adopt the provisions of RA 10752 for use in acquiring right-of-way for local government infrastructure projects.
Donation, negotiated sale, expropriation, or any other mode of acquisition as provided by law.
If the landowner is not the original patent holder and prior acquisition was not through a gratuitous title, the agency follows the modes of acquisition under RA 10752; if the landowner is the original patent holder or acquisition from the original patent holder was through a gratuitous title, the agency follows CA 141’s right-of-way provisions.
The government or authorized representatives shall not be prevented from entry and use of the subsurface if entry and use are made more than 50 meters from the surface.
The current market value of the land; replacement cost of structures/improvements; and current market value of crops and trees.
The implementing agency must initiate expropriation proceedings under Section 6. The owner has 30 days to decide; upon refusal or failure to accept, or failure to submit documents necessary for payment, expropriation is initiated immediately.
Filipino citizens who do not own any real property or housing facility (urban or rural) and who are not professional squatters or members of a squatting syndicate as defined in RA 7279.
The implementing agency pays the capital gains tax and documentary stamp tax, transfer tax, and registration fees for the transfer to the Republic (for account of the seller); the owner pays any unpaid real property tax.
Upon execution: 50% of the negotiated price of affected land (exclusive of taxes remitted to LGU under the Act) and 70% of the negotiated price of affected structures/improvements/crops/trees (exclusive of unpaid taxes remitted). Remaining: 50% of land and 30% of structures/improvements/crops/trees are paid when the land is completely cleared, either at full transfer of title (wholly affected) or at annotation of the deed (partially affected).
Upon filing (or any time thereafter after due notice), the implementing agency must immediately deposit with the court an amount equivalent to: 100% of land value based on the current relevant BIR zonal valuation (issued not more than 3 years prior), plus replacement cost at current market value of improvements/structures, plus current market value of crops/trees. It enables early court action including issuance of writ of possession.
The court must determine just compensation within 60 days from filing of the expropriation case. When the decision becomes final and executory, the implementing agency must pay the owner the difference between amounts already paid and the court’s just compensation.
Once the infrastructure project is approved by the head of the implementing agency with funded right-of-way and notice of taking is given, no national government agency or LGU shall, within two years from notice of taking, allow development/construction or issue permits contrary to the approved plans/purpose within the right-of-way, unless explicitly authorized for justifiable reasons.