QuestionsQuestions (IRR OF Republic Act No. 10752)
It covers acquisition of real properties needed as right-of-way (ROW), site, or location for national government infrastructure projects undertaken by any authorized national government agency (including GOCCs and SUCs), as well as LGUs that adopt the IRR for local projects.
That private property shall not be taken for public use without just compensation, consistent with Section 9, Article III of the Constitution.
Donation, negotiated sale, and expropriation.
Acquisition under CA 141, exchange or barter, easement of ROW, acquisition of subsurface ROW, and other modes authorized by law.
It must be simple and unconditional and include clauses that the donation is made not to defraud the donor’s creditors, and that the donor has reserved enough property for the donor’s family subsistence if the donor is a private individual.
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 therein.
The IA may use either a Government Financial Institution (GFI) selected through a competitive process, or an Independent Property Appraiser (IPA) accredited by BSP or a BSP-recognized professional appraisers’ association; IPAs are procured under RA 9184 for consulting services.
The cost necessary to replace the affected structure/improvement with a similar asset based on current market prices, considering materials, equipment, labor, contractor’s profit and overhead, and other attendant costs; if damaged, it is based on pre-damaged condition.
Thirty (30) days from receipt of the written offer.
The IA must immediately initiate expropriation proceedings by filing a verified complaint in the proper court.
The IA must deposit: (1) 100% of the value of the land based on the current relevant zonal valuation of the BIR issued not more than 3 years prior (as basis), plus (2) replacement cost of improvements/structures at current market value as determined by IA/GFI/IPA, and (3) current market value of crops and trees.
After deposit and due notice, if within 7 working days the court has not issued the writ, counsel must seek it; the court shall issue the writ of possession ex parte with no hearing required.
The IA pays for the seller/owner: CGT (to BIR), documentary stamp tax, transfer tax, and registration fees; the owner pays any unpaid real property tax.
Generally: on execution of the Deed of Sale, IA pays 50% of negotiated price for affected land and 70% of negotiated price for structures/improvements/crops/trees (net of unpaid taxes). The remaining 50% land and 30% improvements are paid later after specified conditions: e.g., after transfer of title for wholly affected land, or after annotation of deed for partially affected land, and after land is cleared for improvements.
Notice of taking is the date of the letter issued after project approval and approval of the LAPRAP; within 2 years from notice, developments contrary to approved plans are prohibited. Any new structure/improvement after notice of taking is not compensated, and informal settlers built after the cut-off date (first day of census as part of LAPRAP preparation) are not eligible for compensation.
Except for PPP projects, IA must secure an ECC or CNC from DENR under PD 1586; consider ancestral domain requirements under RA 8371; prepare Preliminary Land Acquisition Plan and Resettlement Action Plan (LAPRAP) or Indigenous People’s Action Plan as applicable, which forms part of the Environmental Impact Assessment (EIA).
If the needed portion is minimal such that surveying/segregating the portion costs much more than the value of the part needed, and the owner agrees; it is done via ROW easement agreement where owner retains ownership.