Question & AnswerQ&A (Republic Act No. 10752)
The short title of Republic Act No. 10752 is "The Right-of-Way Act."
Article III, Section 9 of the Constitution, which states that private property shall not be taken for public use without just compensation.
National government projects include all national government infrastructure projects and their public service facilities, engineering works, service contracts, projects by government-owned and -controlled corporations, Build-Operate-and-Transfer projects, and related necessary activities 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.
The compensation price includes: (1) The current market value of the land; (2) The replacement cost of structures and improvements; and (3) The current market value of crops and trees.
The implementing agency shall immediately initiate expropriation proceedings as provided in Section 6 of the Act.
The implementing agency pays the capital gains tax, documentary stamp tax, transfer tax, and registration fees on behalf of the seller, except that the owner pays any unpaid real property tax.
The implementing agency, through legal counsel, files an expropriation complaint and deposits the estimated value of the property to the court. After notice, the court issues a writ of possession to the agency, allowing it to take possession and begin implementation of the project.
The value based on the current relevant zonal valuation of the Bureau of Internal Revenue issued within three years, replacement cost of improvements and structures, and current market value of crops and trees as determined by accredited appraisers.
The court shall determine just compensation within sixty (60) days from the filing of the expropriation case.
The agency must consider environmental laws, land-use ordinances, and relevant provisions of the Local Government Code before undertaking any national government infrastructure project.
The government, through HUDCC and NHA, in coordination with LGUs, must establish and develop resettlement sites with adequate services, observe procedures under the Urban Development and Housing Act, and may obtain writs of demolition for unauthorized structures.
They may be subjected to administrative, civil, or criminal sanctions including suspension or dismissal from government service and forfeiture of benefits.
The committee is composed of the Secretaries of the Departments of Public Works and Highways, Transportation and Communications, Energy, Justice, Budget and Management, the Director General of NEDA, the Chairperson of HUDCC, and other representatives as determined by the committee.
No development or issuance of building, construction, or business permits contrary to approved project plans is allowed within two years from the date of notice of taking unless explicitly authorized by the implementing agency.