INTRODUCTION TO LAND

ACQUISITION PLAN AND

RESETTLEMENT ACTION PLAN
(LAPRAP PREPARATION)
LAND ACQUISITION, RESETTLEMENT,
REHABILITATION (LARR) POLICY, 1999
• Avoid, mitigate or compensate for the adverse
social impacts of infrastructure projects.
• Applied to National Roads Improvement and
Management Project (NRIMP), under World
Bank to ensure project affected persons (PAPs)
are promptly compensated and maintained
their pre-project status or better off.
• Roads must demonstrate a new and higher
level of social sensitivity and compliance with
all applicable environmental standards
• ADB and JICA funded projects apply the same
Policy
LAND ACQUISITION, RESETTLEMENT, REHABILITATION
& INDIGENOUS PEOPLE’S POLICY (LARRIPP), 2007

• Contains the Department’s Indigenous

People’s Policy based on IPRA and NCIP.
• Provide guidance on RAP and safeguards
instruments for IP’s affected by the
infrastructure projects
• Requires the formulation of an Indigenous
People’s Action Plan (IPAP) or Indigenous
Peoples Development Plan (IPDP) for IP’s
affected by the Department Infrastructure
projects.
LAND ACQUISITION PLAN AND
RESETTLEMENT ACTION PLAN
• DO No. 5 series of 2003 covers all
projects, whether foreign or locally
funded shall be covered by a Land
Acquisition Plan and Resettlement
Action Plan (LAPRAP).
• LAPRAP will be prepared to ensure that
the social impacts of these projects are
adequately addressed.
• With specific provisions on how to
handle land acquisition, compensation,
relocation and resettlement of PAPs.
 LAND ACQUISITION PLAN AND
RESETTLEMENT ACTION PLAN
a. Adverse social impact of road
projects are avoided, minimized
and/or mitigated;
b. PAPs are given sufficient
compensation and assistance for
lost assets to help them improve
or at least maintain their pre-
project standards of living;
c. Society in general will benefit from
the road projects;
d. Projects stakeholders (which
include PAPs) are consulted
regarding the project’s design,
implementation and operation.
LAND ACQUISITION PLAN AND
RESETTLEMENT ACTION PLAN

The principal objectives of a LAPRAP are

to:
• Provide an assessment of the impacts
that a road projects has on the local
population;
• Quantify in monetary terms the private
and public assets that are to be
acquired for the projects right-of-way;
 LAND ACQUISITION PLAN AND
RESETTLEMENT ACTION PLAN

• Present a strategy that will ensure that all

PAPs are paid according to the social policy;
• Identify measures that would ensure that
the PAPs are involved in the various stages
of LAPRAP preparation and
implementation
• Give an over-all estimate of the required
resources needed to implement the
LAPRAP
LEGAL FRAMEWORK FOR INFRASTRUCTURE RIGHT
OF WAY (IROW) ACQUISITION AND MANAGEMENT
 INTRODUCTION
• Acquisition and management of Right-
of-Way (ROW) is a mandate of DPWH
under the Highways Act

• One of the most challenging processes

in the project cycle

• Pivotal to the efficient and timely

achievement of infrastructure projects

• Formidable task that the Department

has to contend with in order to achieve
its primary mandate to providing
infrastructure.
 Guiding Principles

• The acquisition and management of

ROW for infrastructure projects is
guided by the basic laws governing
ROW
• The constitutional guiding policy on
ROW acquisition is that “private
property shall not be taken for public
use without just compensation”
 Policy Guidance
• Basic policy: To ensure that owners
of real property acquire for national
government infrastructure projects
are paid “just compensation”

• The law provides for “just

compensation” with the use of more
realistic standards for valuation of
land, improvements and structures
 RA 10752
• The Acquisition of Right-of-Way for
infrastructure projects is governed by
Republic Act (RA) 10752

An Act Facilitating the Acquisition of

Right-of Way Site or Location for National
Government Infrastructure Projects

“The Right-of-Way Act”

• Signed by President Benigno S. Aquino

on March 7, 2016.
These are similar to previous laws and
guidelines except for the following:

• Basis for valuation are defined and

the process for acquisition is clearly
spelled out
• Payment for improvements and / or
structures based on replacement
cost using current market prices
Modes of Acquisition
Modes of Acquiring Real Property

The government may acquire real property

needed as right-of-way site or location for
any national government infrastructure
project through

• Donation
• Negotiated sale (current market value)
• Expropriation
• Other mode of acquisition as provided by
law.
– Quit Claim
– Easement
– Exchange or Barter
 Donation
• Donation, defined under Art. 2725 of the Civil
Code, “is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor
of another who accepts it”
• Deed of donation should be simple and
unconditional,

Contain clauses to the effect that:

• Donation is made by the donor not to defraud
his creditors
• Donor reserved for himself enough property for
his and his family’s subsistence, sustenance and
support.
• Deed of donation should be registered with the
Register of Deeds.
 Donation
• The implementing agency may utilize donation
or similar mode of acquisition if the landowner
is a government-owned or government-
controlled corporation.
 Negotiated Sale
Negotiated Sale or Purchase is the next
option when the owner of property needed
for public use is not willing to donate his
property to the government.

Government shall pay just compensation

after the contract of sale has been executed
between the property owner (vendor) and
the government (vendee)

Compensation price shall be the sum of the

current market value of the land,
replacement cost of structures and
improvements and current market value of
crops and trees.
 Negotiated Sale

The implementing agency may engage

the services of :

• Government financial institution with

adequate experience in property
appraisal,
• an independent property appraiser
accredited by the Bangko Sentral ng
Pilipinas (BSP) or a professional
association of appraisers recognized by
the BSP
 Valuation of Affected Property
SEC. 7. Standards for the Assessment of
the Value of the Property Subject to
Negotiated Sale.

(a) The classification and use for which

the property is suited;

(b) The development cost for improving

the land,

(c) The value declared by the owners;

(d) The current selling price of similar

lands in the vicinity,
 Valuation of Affected Property

(e) The reasonable disturbance

compensation for the removal and
demolition of certain improvements on
the land and for the value of
improvements thereon;

(f) The size, shape or location, tax

declaration and zonal valuation of the
land;
Valuation of Affected Property
(g) The price of the land as manifested in
the ocular findings, as well as
documentary evidence presented; and

(h) Such facts and events as to enable the

affected property owners to have
sufficient funds to acquire similarly
situated lands of approximate areas as
those required from them by the
government, and thereby rehabilitate
themselves as early as possible.
 Negotiated Sale

The property owner is given thirty

(30) days to decide whether or not
to accept the offer as payment for
his property.

If the property owner does not accept the

price offer, the implementing agency shall
initiate expropriation proceedings pursuant
to Section 6 of RA 10752
 Expropriation
• Expropriation is resorted to when the
owner of a private property needed by the
government implementing agency does not
agree to convey his property to the
government by any of the modes of
acquiring and/or transferring ownership of
the property.

• The government shall exercise its rights of

eminent domain by filing a complaint with
the proper Court for the expropriation of
the private property.
 Expropriation
• The verified complaint shall state the right
and purpose of expropriation,
• Describe the real or personal property to
be expropriated
• Defendants are all persons owning or
claiming, or occupying, any part or
interest therein, showing the interest or
each defendant separately
• If title to the property is in the name of
the Republic of the Philippines, although
occupied by private individuals, or if the
title is obscure or doubtful so that the
plaintiff cannot with accuracy or certainty
specify the real owners, averment to that
effect may be made in the complaint
 Expropriation
The implementing agency shall deposit to the
court in favor of the owner the amount
equivalent to the sum of the following:

 100% of the current BIR Zonal

valuation of the land
 Replacement cost of the affected
structure
 Current market value of the crops
and trees

Upon compliance, the court shall

immediately issue to the implementing
agency an order to take possession of the
property and start the implementation of the
project.
 Expropriation
If, within seven (7) working days after the
deposit to the court of the sum equivalent to
the 100% BIR Zonal Valuation for the land,
Replacement Cost for the Structure and
Current Market Value for the Crops and Trees,
the court has not issued to the implementing
agency a writ of possession for the affected
property, the counsel of the implementing
agency shall immediately seek from the court
the issuance of the writ of possession.

The court shall release the amount to the

person adjudged in the same expropriation
proceeding as entitled thereto.
 Quit Claim
Quit Claims is applicable to private property or
land acquired under Commonwealth Act (CA) 141,
known as the Public Land Act.

In case of lands granted through Commonwealth

Act No. 141, as amended, otherwise known as
“The Public Land Act”, the implementing agency
shall:

If the landowner is not the original patent holder

and any previous acquisition of said land is not
through a gratuitous title, subject for Donation
and Negotiation

If the landowner is the original patent holder or

the acquisition of the land from the original
patent holder is through a gratuitous title, subject
for the provision of CA 141 “Public Land Act” or
PD 635.
 Public Land Act
CA 141

Under Sec. 112 of this law, a 20-meter

strip of the property acquired under such
law is reserved by government for public
use with damages to improvements only.

The 20 meter strip had subsequently

been increased to 60 meters under PD
635, approved on January 7, 1975,
amending Sec. 112 of CA 141.
 Exchange or Barter

• Exchange or Barter is an option that

the property owner may choose, by
requesting the government to
exchange an old abandoned road or
government lot near the project
instead of being paid the money value
of his lot.

• This may be favorably considered

especially if the lot being taken from
the owner in his only property.

• The exchange shall be done on a value

for value basis.
 Exchange or Barter

• If the area (abandoned road) proposed

to be exchanged was originally
acquired through donation, the terms
and conditions of the Deed of Donation
must first be verified to justify disposal
thereof.

• If originally acquired through sale the

former owners/s of the land
(abandoned road) shall have the first
priority to re-acquire such land, or if he
is not interested in repurchasing same,
he shall waive his right.
 Easement
Easement of Road Right-of-Way, or the right to
use private property for public use which is done
thru a road right-of-way agreement executed by
the owner of the property granting an easement
for ROW.

This is the recourse if the value of lot involved is

too nominal that the surveying expenses alone
would cost more than the value of the lot being
acquired.

Government is actually paying the value of the

private property, but it only acquires a right of
easement for ROW

The owner still retains ownership of the lot

traversed by the road
 Valuation of Affected Structures/
Improvements
Valuation of Improvements and/or Structure to
be acquired will be in accordance with
REPLACEMENT COST METHOD

Replacement Cost is defined as the amount

necessary to replace the improvement and/or
structure based on current market prices for
materials, equipment, labor, contractor's
profit and overhead and all other cost
associated with the acquisition and
installation in place of the affected
improvements or structures.

Or current market prices of materials and labor to

re-construct a similar structure for houses and
other fixed structures with no deductions for
salvaged materials (Annex B of DO 327 s.
2003)
Replacement cost of structures and improvement
hereof shall also apply to all owners of structures
and improvements who do not have legally
recognized rights to the land, and who meet all of
the following criteria:

(1) Must be a Filipino citizen;

(2) Must not own any real property or any other

housing facility, whether in an urban or rural
area; and

(3) Must not be a professional squatter or a

member of a squatting syndicate, as defined in
Republic Act No. 7279, otherwise known as the
“Urban Development and Housing Act of 1992”.
Relocation of Informal Settler Families
(ISFs)
 Relocation of ISF
SEC. 9. Relocation of Informal Settlers.

The government, through the Housing and Urban

Development Coordinating Council (HUDCC) and
the National Housing Authority (NHA), in
coordination with the LGUs and implementing
agencies concerned, shall establish and develop
resettlement sites for informal settlers, including
the provision of adequate basic services and
community facilities, in anticipation of informal
settlers that have to be removed from the right-
of-way site or location of future infrastructure
projects, pursuant to the provisions of Republic
Act No. 7279, otherwise known as the “Urban
Development and Housing Act of 1992”.
Whenever applicable, the concerned LGUs shall
provide and administer the resettlement sites.
 Relocation of ISF
In case the expropriated land is occupied by informal
settlers who refuse or are unable to demolish their
structures and other improvements therein despite the
writ of possession issued by the court under Section 6
hereof, the court shall issue the necessary writ of
demolition for the purpose of dismantling any and
all structures found within the subject property.
The implementing agency shall take into account and
observe diligently the procedure provided for in
Sections 28 and 29 of Republic Act No. 7279.
Other Provisions of
RA 10752
 Mode of Payment for
Purchase/Negotiated Sale
Upon the execution of a deed of sale, the
implementing agency shall pay the property owner:

(1) Fifty percent (50%) of the negotiated price of

the affected land, exclusive of taxes.

(2) Seventy percent (70%) of the negotiated price

of the affected structures, improvements, crops
and trees, exclusive of unpaid taxes.
 Mode of Payment for
Purchase/Negotiated Sale
The remaining fifty percent (50%) of the negotiated
price of the affected land, and thirty percent (30%)
of the affected structures, improvements, crops and
trees, exclusive of unpaid taxes. Provided, that the
land is already completely cleared of structures,
improvements, crops and trees

• At the time of the transfer of title in the name of

the Republic of the Philippines, in cases where
the land is wholly affected; or

• At the time of the annotation of a deed of sale on

the title, in cases where the land is partially
affected.
Regulation of Developments Within
Declared Right-of-Way
Upon approval of an infrastructure project by the
head of the implementing agency concerned, with
funding authorized in the General Appropriations
Act with defined right-of-way,

No national government agency or LGU

shall, within 2 years from the date of
notice of taking, allow any development,
or business permit, which is contrary to
the approved plans and purpose of the
project, within the right-of-way, unless
explicitly authorized by the head of the
implementing agency for justifiable
reason
 TAXES
For NEGOTIATED SALE:

The implementing agency shall pay the

following:
 Capital Gains Tax
 Documentary Stamp tax
 Transfer Tax
 Registration Fees

The owner shall pay any unpaid real

property tax.
 TAXES
If requested by the property owner,
the implementing agency shall remit
to the LGU concerned the amount
corresponding to any unpaid real
property tax, subject to the deduction
of this amount from the total
negotiated price

Provided, however, that the said amount is

not more than the negotiated price.
 TAXES
For EXPROPRIATION :

The implementing agency shall pay the

following:
 Documentary Stamp tax
 Transfer Tax
 Registration Fees

The owner shall pay the capital gains tax and

any unpaid real property tax.
 Appropriations for Acquisition of Right-Of-Way Site or
Location for National Government Infrastructure Projects
in Advance of Project Implementation.
Appropriation for ROW Acquisition

The government shall provide adequate

appropriations that will allow the concerned
implementing agencies to acquire the required
right-of-way site or location for national
government infrastructure projects in advance of
project implementation.

(a) Cost of parcellary surveys and appraisal of

properties affected by the projects;
(b) Compensation for the project-affected land,
structures, improvements, crops and trees;
(c) Cost of development and implementation of
resettlement projects
(d) Related expenses of the implementing agency,
 Sec 14 : Transitory Clause
The provision of this Act shall apply to all
right-of-way transactions, except on-
going transactions which, as of effectivity
of this Act, have been concluded
satisfactorily by the parties concerned
and who have signed a written
agreement as to the price to be paid to
the property owner.
Guidelines for LAPRAP
(DO 327 s. 2003)
 Policy: DO327 s.2003
Roles and Responsibilities
Implementing Office
Census, socio-eco survey, determine costs
LAPRAP/RAP formulation
LAPRAP/ RAP approval and budget
Assist in implementation and monitoring
District Engineering Office
Assist in census, socio-eco survey
Organize LIC/RIC
Implement LAPRAP/RAP
Submit reports
 Policy: DO327 s.2003
Roles and Responsibilities

Regional Office
Assist in implementation and monitoring
Facilitate grievance process

EIAPO/(ESSD)
Assist in LAPRAP formulation
Assist in public participation in LAPRAP
process
Conduct LAPRAP trainings
Assist in validation of PAPs
Monitor LAPRAP implementation
 Policy: DO327 s.2003
Roles and Responsibilities

IROW PMO
Coordinate with DPWH offices for
LAPRAP preparation
Monitor LAPRAP formulation
Coordinate with agencies for
resettlement needs
Prepare policies and guidelines for
resettlement and relocation
LAPRAP Implementation Committee/
Resettlement Implementation
Committee
(LARRIP Policy 2007)
It shall be composed of representatives
from the Regional Office and District
Engineering Office, the City/Municipality,
the NCIP provincial and/or regional office,
affected barangays, and PAFs/PAPs with
separate representation for IP/ICC
communities affected by the project.
Selection of these ICC/IP representatives
shall follow the procedures of the NCIP
 Functions of LIC/RIC
(LARRIP Policy 2007)
1. Assist the DPWH staff engaged in
LARRIPP activities in (a) validating the
list of AFs; (b) validating the assets of
the PAFs that will be affected by the
project (using a prepared compensation
form); and (c) monitoring and
implementing the LARRIPP;

2. Assist the DPWH and NCIP staff in

identifying who among the Project
Affected Persons are IPs or belong to
ICCs.
 Functions of LIC/RIC
(LARRIP Policy 2007)

3. Assist the DPWH and staff engaged in

the LARRIPP activities in the public
information campaign, public
participation and consultation.

4. Assist DPWH in the payment of

compensation to PAFs;

5. Receive complaints and grievances from

PAFs and other stakeholders and act
accordingly;
 Functions of LIC/RIC
(LARRIP Policy 2007)

6. Maintain a record of all public meetings,

complaints, and actions taken to
address complaints and grievances; and

7. In coordination with concerned

government authorities, assist in the
enforcement of laws/ordinances
regarding encroachment into the
project site or Right-of -Way (ROW).
Qualification of PAPs, Severely-affected
PAPs, and Marginally-affected PAPs

Project Affected Persons (PAPs)

Include any person or persons, household, a
firm, or a private or public institution who,
because of the need to acquire right-of-way for the
implementation of an infrastructure project, will
lose their land, house, and other improvements
fully or partially. Only those PAPs found to be
residing in, doing business, or cultivating land, or
having rights over resources within the ROW to be
acquired as of the date of the census survey
(which is the cut-off date) are eligible for
compensation for lost assets.
Qualification of PAPs, Severely-affected
PAPs, and Marginally-affected PAPs
Severely-affected PAPs

PAPs who will lose more than 20% of their

assets because of the need to acquire right-of-way
for the implementation of an infrastructure project
or their remaining land or structure is no longer
viable for continued use or occupancy. Those PAPs
who will lose those assets will be entitled to full
payment for the fair market value of the entire
land and the full replacement cost of the entire
structures and other improvements affected.
Other entitlements shall be in accordance with the
matrix under Section 3.0 hereof.
Qualification of PAPs, Severely-affected
PAPs, and Marginally-affected PAPs
Marginally-Affected PAPs

PAPs who will lose less than 20% of their assets

because of the ROW to be acquired for the project
or if the remaining structure that is affected is still
viable for continued use or occupancy. Those PAPs
who will lose those assets will be entitled to full
payment for the fair market value of the land to be
taken and the full replacement cost of the portions
of the structures and other improvements
affected. Other entitlements shall also be in
accordance with the matrix presented under
Section 3.0 hereof.
Qualification of PAPs, Severely-affected
PAPs, and Marginally-affected PAPs
 PAPs occupying but not owning
affected lands and / or structures

 PAPs who are not land owners

but occupy lands or structures
within the ROW to be acquired for
the project, and who are not
“professional squatters” will be
compensated for affected
structures but not for land
 MODES of Acquisition (private lands)

Notice of Taking
1st Option DONATION
Accept
? Reject
DOD
2ND Option PURCHASE
Negotiation process

Offer the Total Amount of Current

Market Value (land) + Replacement
cost for structure + current market
value of crops, trees and perennials)
Legend:
Accept ?
Reject 30 days to decide or earlier
DOD – Deed of Donation
DAS - Deed of Absolute Sale
DAS Expropriation
 MODES of Acquisition
EXPROPRIATION

COURT

Issue Writ of Possession upon

compliance to the guidelines

DPWH If, within seven (7) working days

Deposit to the court the total amount of the following: after the deposit to the court of
the amount for compensation
a. 100% BIR Zonal Valuation
cost, the court has not issued to
b. Replacement cost for structures and other improvements the implementing agency a writ
c. Current Market Value of crops trees and perennials of possession for the affected
property, the counsel of the
implementing agency shall
immediately seek from the court
the issuance of the writ of
possession.
 MODES of Acquisition

EASEMENT OF ROW Notice of Taking

Accept
? 15 days to decide or earlier
Reject
EA

COURT Request for Court injunction

•Properties of minimal size
•Expenses for surveying or segregating the affected portion to main lot
would be very much more than the value of the property (P5,000.00)
•Owner retains ownership of the said property
•Government to compensate the affected portion based on BIR zonal
valuation plus replacement cost of improvements
 MODES of Acquisition
Quit Claim

Land
Owner

Not the Original Patent Original Patent Holder

Holder / not through or through a gratuitous
gratuitous title title

Follow other modes of

acquisition Follow provision of CA 141
• Donation
• Negotiated Sale
 MODES of Acquisition under CA 141

Quit Claim Notice of Taking

Accept
? Reject 15 days to decide or earlier

QC Deed Immediate Possession of Site

Reject
Court injunction
Court
• CA 141, Sec 112 twenty (20) m. reserved strip of land for public use.
• PD 635 (Jan. 7, 1975) amended CA 141, Sec. 112 increased to sixty (60) m. the
reserved strip of land for public use.
• Government exercise its right to use the area reserved for public use.
• The reservation, however, once taken or availed by the government, cannot be
exercised for the second or the third time.

Legend:
QCD – Quit Claim Deed
 PREPARATION OF THE LAND
ACQUISITION PLAN AND
RESETTLEMENT ACTION PLAN (LAPRAP)
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Overview:
• Land Acquisition Plan and Resettlement Action Plan
(LAPRAP)
 Described in D.O. No. 5, Series of 2003 is a document which
embodies the following information:
i. Number and identity of Project Affected Persons (PAP’s);
ii. Degree (Marginal or Severe) and scale of adverse impacts that will be
brought about as a consequence of project implementation,
particularly in terms of loss of land and other fixed assests, as well as
income;
iii. Mitigation measures to minimize foreseeable said adverse socio-
economic impacts;
iv. Appropriate compensation package for the PAP’s;
v. LAPRAP Implementation Schedule, and;
vi. Overall estimated resettlement cost.
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Overview:
 In accordance with D.O. No. 5, Series of 2003, LAPRAPs
- shall be prepared for all projects, whether these are locally funded or foreign
assisted.

 The Preparation of the LAPRAP

- it is also initiated once the Project has obtained oversight approval by the
DPWH and the NEDA.

 Preliminary Activities
- can be undertaken in unison with the preparation of the IROW Action Plan
during project identification stage.
- however, the LAPRAP can only be completed once the Detailed Design and
the Parcellary Survey are completed, since the exact alignment, IROW limits,
properties to be affected, etc.;
- are only firmed up after these activities have been completed.
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Procedure:
1. Review Update IROW Action Plan to determine validity of information and
possibility of filling in data gaps.
2. If the Project is for construction of a new roadway, proceed to step 3. If the
Project involves improvement or upgrading of an existing roadway, conduct
preliminary site investigation. Take not of the following:
 Width of existing roadway, as compared to IROW limit
 Presence/absence of shoulders and side ditches (if necessary)
 Name of each barangay traversed by the roadway
 Type and number of encroachments, if any.
3. Conduct consultation meetings with the City/Municipality Officials, especially
the Mayors, Planning Coordinators/Officers, and City/Municipal Engineers.
4. If number of available DEO-PDS staff is not sufficient to accomplish the survey
within the given time frame, train enumerators, preferably from the local
community, since they are more familiar with the area and the members of the
community.
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Procedure:
5. Conduct barangay-level Public Consolation Meetings (PCMs). PCMs must be held
in each barangay that will be traversed by the project. Venues for PCMs must be at
neutral grounds such as barangay halls, day care centers, public schools, and the
like. This is to avoid certain individuals or groups from maneuvering conditions to
their personal interests. The following are considered mandatory during the PCMs:
 Brief Project Description
 Reiteration of concept of LAPRAP as tool for socio-economic developments
(LAPRAP preparer must ensure that LAPRAP concept is clearly understood by
the PAP’s)
 Tagging and taking of photographs of owner and structure
 Specify the Cut-Off date, which is reckoned as the start of the census for the
PAPs and tagging for improvements
 Importance of honesty and accuracy of responses in the census and socio-
economic survey to be carried out.
 Open Forum to allow the PAPs to express their ideas, apprehensions, concerns
and even objections regarding the proposed project.
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Procedure:
6. Based on the approved parcellary survey plan, carefully stake out the IROW limits
in the field.
7. Using pre-numbered stickers, tag each structure within the defined IROW limit.
Take photographs of each of these tagged structures. If possible, ask the property
owner to be in the photographs to be taken for easier identification.
8. While in the field, prepare cost estimates of all improvements (such as; structures,
trees, crops) to be affected, based on replacement cost (as defined in RA 10752
former known as RA 8974). Since this procedure will require an expert opinion, it
must be carried out by an experienced Cost Estimator, or at least an Engineer with
extensive experience in this field. This task must be strictly supervised by the
implementing DEO.
9. Conduct census and socio-economic survey of the PAPs. A census covering
general information on all the PAPs shall be undertaken. This includes
demographic data and basic information on the owner and properties to be
affected. For severely affected PAPs, more detailed information, such as the
amount and source of income and expenditures, availability of basic social
services, etc., as part of the socio-economic profile to be established.
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Procedure:
9. (continuation)….
(Note: For areas with legitimate indigenous people (IPs), a separate socio-
economic survey of the affected IP community shall be carried out as part of the
Indigenous People Action Plan (IPAN), particularly if the IPs are Certificate of Ancestral
Domain Claim (CADC) holders).
10. Input properly accomplished survey instruments in the computer using an
established statistical package. This will enable a systematic and fast processing of
data gathered and thus help in establishing the socio-economic profile of the PAPs
interviewed, and in computing the compensation package due them.
11. Determine the compensation package based on the following:
 Replacement cost for structure (with no salvage value), crops, and other
improvements
 Income loss
 Financial assistance:
 Rental subsidy (not more than P15,000/month for six months)
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Procedure:
11. (continuation)….
 Rental subsidy (not more than P15,000.00/month for six months
 Transportation expenses (P1,000)
 Rehabilitation Assistance (training); for relocation (P15,000/per
municipality)
 Financial Assistance to tillers; i.e., annual harvest up to P15,000/hectare
 Disturbance assistance equivalent to P10,000/land owner/occupant (If no
relocation site is provide)
12. Prepare the compensation package and entitlements in accordance with the
Guidelines on LAPRAP Preparation.
13. Prepare the LAPRAP Report in accordance with the Report Outline provided in the
LAPRAP Guidelines.
14. Submit the LAPRAP Report on the appropriate approving authority as indicated in
the LAPRAP Guidelines.
15. Approval of the LAPRAP shall be by the Head of the IO. i.e.,
 If IO is a DEO, Head of the IO is the District Engineer
 PREPARATION OF THE LAND ACQUISITION
PLAN AND RESETTLEMENT ACTION PLAN
(LAPRAP)
Procedure:
15. (continuation)….
 If IO is a RO, Head of the IO is the Regional Director
 If IO is a PMO, Head of the IO is the Project Director
 If IO is the Central Office, Head of the IO is the BOC Director
16. For the procedures in implementing and monitoring the LAPRAP, please refer to
LAPRAP Monitoring and Tracking Manual.

 Schematic Diagram of Land Acquisition and All Right of Way and Land Acquisition
Plan and Resettlement Action Plan (LAPRAP)
TURNOVER OF INFRASTRUCTURE
RIGHT OF WAY (IROW) THROUGH
DONATION
TURNOVER OF INFRASTUCTURE RIGHT OF WAY
(IROW) THROUGH DONATION

Overview:
• As stated in DO No. 5, Series of 2003
 The first mode of IROW acquisition should be to request donation from the
property owner.
 Since this process will involve a lot of persuasion from the part of the DPWH, the
IROW Agent to be assigned to undertake the task must be carefully selected.
 He/she must be persuasive but not annoyingly persistent, confident, but not too
aggressive.
 Before negotiating with the owner, the IROW Engineer must be well prepared in
terms of familiarity of the procedures as well as the laws and guidelines that
govern it.
 This is important to gain the respect and trust of the landowners.
 In addition, he must also be capable of conveying to the property owner the
benefits that they will gain if they donate their property.
 It is assumed that at this point, several project disclosures to the property owners
have been accomplished, and the need to acquire their properties have been well
explained during the conduct of EIA and parcellary survey.
TURNOVER OF INFRASTUCTURE RIGHT OF WAY
(IROW) THROUGH DONATION

Procedure:
1. Using the Parcellary Survey Plan and the listing generated during the
conduct of parcellary survey, schedule visits to each landowner.
2. Prepare a letter informing the property owners about the schedule of
visits.
3. During house visits, maintain a pleasant atmosphere. Cite the benefits
that will be derived once the project is implemented. One way is to cite
cases wherein, the value of properties adjacent to an acquired right-of-
way significantly increased as a result of the
construction/improvement of the roadway. Avoid mentioning about
expropriation proceedings. If asked, assured the owner that will be as
a last recourse.
4. If the owner agrees to donate his property, thank him and mention that
he is doing his country a big favor. Tell him that you will prepare all the
necessary documents, and will come back once these are completed.
TURNOVER OF INFRASTUCTURE RIGHT OF WAY
(IROW) THROUGH DONATION

Procedure:
5. Go back to the office and immediately prepare the unconditional deed
of donation and ADRI, using the data provided in the Parcellary
Survey Report.
6. Check if the owner has back taxes dues, using the Parcellary Survey
Report. If not indicated in the said report, obtain information from the
concerned Municipal Treasurer’s Office. If there are back taxes due,
ask the owner, during your next visit, if he can settle said tax dues. If
owner cannot pay, include in the Deed of Donation the amount of
back taxes to be paid by the Department.
7. Inform the landowner about the schedule of your next visit.
8. During your visit, bring with you the properly accomplished Deed of
Donation and ADRI, and have it signed by the property owner.
TURNOVER OF INFRASTUCTURE RIGHT OF WAY
(IROW) THROUGH DONATION

Procedure:
9. Borrow the TCT/OCT, or Emancipation Patent (EP), or Certificate of
Land Ownership Award (CLOA) and tax clearance, for processing.
10. Have the Deed of Donation notarized.
11. Bring the notarized Deed of Donation, together with other necessary
documents such as the TCT/OCT/EP/CLOA, Tax declaration, tax
clearance, subdivision plan (if any), to the Register of Deeds for
proper processing.
12. Follow up processing of Deed of Donation at the Register of Deeds
Office until the Title of the land is registered in the name of the
Republic of the Philippines.
TURNOVER OF INFRASTUCTURE RIGHT OF WAY
(IROW) THROUGH DONATION

Procedure:
13. Provide copies of the Deed of Donation and Updated Title or Tax
Declaration to the IROW PMO, the lot owner (if the property was
subdivided), and the Implementing Office.
14. All titles/tax declarations shall be archived at the IROW and
Resettlement PMO.
15. If the Owner refuses to donate his property, proceed to the
preparation of the LAPRAP.
 Schematic Diagram of Land Acquisition and All Right of Way Acquisitio
n of IROW
 THANK YOU!
MA. CARMEN L. TAGUPA
Environmental Social and Right of Way Section