QuestionsQuestions (Republic Act No. 10752)
RA 10752 is the “Right-of-Way Act.” It facilitates the acquisition of right-of-way site or location for national government infrastructure projects by ensuring prompt payment of just compensation and expediting the acquisition process.
It cites Article III, Section 9 of the Constitution: private property shall not be taken for public use without just compensation.
These include all national government infrastructure projects and their public service facilities, engineering works, and service contracts, including projects by government-owned or government-controlled corporations, projects covered by RA 6957 as amended by RA 7718 (BOT Law), and related activities such as site acquisition and construction/operation/maintenance/improvement/repair/rehabilitation, regardless of source of funding.
Yes. Subject to the Local Government Code (RA 7160), LGUs may adopt the provisions of RA 10752 for acquisition of 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 other modes in RA 10752. If the landowner is the original patent holder or acquisition from the original patent holder is through a gratuitous title, the agency follows CA 141 rules on acquisition of right-of-way on patent lands.
The government (or authorized representatives) shall not be prevented from entry and use of subsurface/subterranean portions of private or government lands when the entry/use is made more than 50 meters from the surface, and the infrastructure is needed as part of the government infrastructure project.
It is the sum of: (1) current market value of the land; (2) replacement cost of structures/improvements; and (3) current market value of crops and trees.
The property owner has 30 days to decide whether to accept the offer.
The implementing agency shall immediately initiate expropriation proceedings pursuant to Section 6 of RA 10752.
The implementing agency pays, for the account of the seller, the capital gains tax, documentary stamp tax, transfer tax, and registration fees; the owner pays any unpaid real property tax.
Upon execution of the deed: 50% of the negotiated price of the affected land (excluding taxes remitted) and 70% of the negotiated price of affected structures/improvements/crops/trees (excluding unpaid taxes remitted). Remaining: 50% of land and 30% of structures/improvements/crops/trees, with the land fully cleared as a condition.
The implementing agency must deposit the amount equivalent to: (1) 100% of the land value based on current relevant zonal valuation of BIR issued within 3 years prior to filing; (2) replacement cost at current market value of improvements/structures; and (3) current market value of crops and trees.
The court shall determine just compensation within 60 days from filing of the expropriation case. After finality, the implementing agency pays the difference between what was already paid and the just compensation.
No national government agency or LGU may, within 2 years from the date of notice of taking, allow any development/construction or issue permits contrary to the approved plans/purpose within the right-of-way, unless explicitly authorized by the head of the implementing agency for justifiable reasons.