Definition of National Government Projects
- National government projects include infrastructure, engineering works, and service contracts.
- Covers projects by government-owned and -controlled corporations.
- Includes those under the Build-Operate-and-Transfer Law and related activities such as site acquisition, construction, operation, maintenance, and repair.
- Applies regardless of funding source.
Modes of Acquiring Real Property
- Government can acquire property by donation, negotiated sale, expropriation, or other lawful means.
Guidelines for Expropriation Proceedings
- Expropriation initiated by the implementing agency through court complaint with due notice to the owner.
- Upon filing, immediate payment to owner of:
- 100% of the property's value based on BIR's current zonal valuation.
- Value of improvements or structures as per Section 7.
- BIR must provide zonal valuations within 60 days in areas lacking them.
- In urgent cases without valuations, agency pays proffered value considering Section 5 standards.
- Court issues possession order after payment and certification of fund availability.
- If owner contests value, court must decide just compensation within 60 days.
- Difference paid to owner when court decision is final.
Standards for Assessment of Value
- Court considers factors such as:
- Property classification and suitable use.
- Developmental costs.
- Owner-declared value.
- Selling price of similar nearby properties.
- Disturbance compensation for improvements removal.
- Size, shape, location, tax declaration, zonal valuation.
- Evidence from ocular inspection, documents.
- Ability of owner to reacquire similar property and rehabilitation.
Guidelines for Negotiated Sale
- If parties agree on sale, Section 5 standards determine fair market value.
- Sale price subject to review and approval by agency head.
Valuation of Improvements and/or Structures
- Department of Public Works and Highways and implementing agencies, in coordination with LGUs, must adopt rules for equitable valuation within 60 days of the Act's approval.
Ecological and Environmental Concerns
- Agencies must consider ecological and environmental impacts before project commencement.
- Compliance with environmental laws, land use ordinances, and Local Government Code provisions required.
Squatter Relocation
- National Housing Authority with LGUs to develop relocation sites with utilities for squatters displaced by projects.
- LGUs to manage relocation sites when applicable.
- Courts to issue writs of demolition for illegal structures on expropriated land.
- Implementing agencies must follow procedures under the Urban Development and Housing Act.
- Funding from General Appropriations Act and implementing agencies' project funds.
Appropriations for Acquisition in Advance
- Government to allocate funds in advance to enable property acquisition prior to project implementation.
Sanctions
- Violations subject government officials/employees to administrative, civil, and criminal penalties including suspension, dismissal, and forfeiture of benefits.
Rules and Regulations
- Committee headed by DPWH Secretary with other officials and league presidents to draft rules within 60 days of approval.
Separability Clause
- Unconstitutional or invalid provisions do not affect the remaining valid parts of the Act.
Repealing Clause
- Laws or rules inconsistent with this Act are repealed or amended accordingly.
Effectivity Clause
- The Act takes effect 15 days after publication in two newspapers of general circulation.