Overview of the

Right-of-Way Acquistion
under RA 10752
(Modes of Acquisition)

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/30/2022
 Coverage:

• Legal Basis
• Scope and application
• Modes of Acquisition
• Process Flow

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Legal Basis:

Republic Act (RA) No. 10752 and its IRR

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
  CA 141, as amended by PD 631 and PD 1361, “Public Land Act”
 RA 6957, as amended by RA 7718, “Build-Operate-and-Transfer Law,” and its IRR
 RA 9184, “Government Procurement Reform Act,” and its IRR
 RA 7279, “Urban Development and Housing Act of 1992,” and its IRR.
 RA 7160, “Local Government Code of 1991”
 RA 8371, “Indigenous People’s Act of 1997”
 PD 1586, “Philippine Environmental Impact System”
 PD 1067, “Philippine Water Code”
 DO 147, series of 2001, “Authority for DPWH RDs and DEs to Hire Private
Surveying Firms”
 DO 187, series of 2002, “Strict Compliance to Inclusion of Preparation of Parcellary
Plans and Cost Estimated for ROW Acquisition in Detailed Engineering of
Infrastructure Projects”
 DPWH DO 327, series of 2003, “Guidelines for Land Acquisition and Resettlement
KEN EDWARD S. STA RITA
OIC-Division Chief
Action Plans (LAPRAPs) for Infrastructure Projects
ROWAED, Legal Service
DPWH Central Office
03/22/2022
  DPWH Land Acquisition, Resettlement, Rehabilitation and Indigenous People’s
Policy (LARRIPP), revised March 2007
 DPWH DO 34 , series of 2007, “Simplified Guidelines for the Validation and
Evaluation of Infrastructure Right-of-Way Claims”
 DO 133, series of 2014, “Return/Transfer of Functions Relative to Acquisition of
ROW to the Legal Service”
 DO 151, series of 2016, “Prescribing the Use of DPWH Procurement Manual”
 DO 203, series of 2016, “Creation of UPMO-ROW Task Force”
 DO 65, series of 2017, Delegation of Authority to PPPS Director and Regional
Directors for ROW Transactions, and Deployment of ROW Task Forces
 DO 43, series 2020, Guidelines for ROW Acquisition and Payment of Ancestral
Domain Affected by the Implementation of NGIP
 DO 37, series 2020, Amendment to Documentary Tracking System (DoTS) for Civil
Works for IROW Payment
 DOE-DPWH Joint Circular, Relocation of Electric Cooperative Lines
 DPWH ROW Acquisition Manual (DRAM), series of 2017

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Scope and Application

• Applies to National Infrastructure Projects including

Infrastructure Projects implemented under BOT Law
(Section 3, RA 10752)

- may be adopted by LGUs

• Applies to outstanding claims -apply to all right-of-way

transactions, except ongoing transactions which, as of the
effectivity of RA 10752, 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.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 • ROW Acquisition involves acquisition of immovable properties under
Article 415 of the New Civil Code

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;

(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an
immovable;

(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration of the object;

(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on
lands by the owner of the immovable in such a manner that it reveals the intention to attach them
permanently to the tenements;

(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and which tend
directly to meet the needs of the said industry or works;

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in
case their owner has placed them or preserves them with the intention to have them permanently
attached to the land, and forming a permanent part of it; the animals in these places are included;

(7) Fertilizer actually used on a piece of land;

(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters
either running or stagnant;

(9) Docks and structures which, though floating, are intended by their nature and object to remain
at a fixed place on a river, lake, or coast;

(10) Contracts for public works, and servitudes and other real rights over immovable property.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 OVERALL ROW PROCESS OF THE DPWH

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Modes of ROW Acquisition

As provided in Section 4 of the Act, the following are the regular modes of
ROW acquisition:

a. Donation (Articles 725 - 773, New Civil Code; Section 5, IRR)

b. Negotiated Sale (Section 5, RA 10752; Sections 6, 8, 10, 12, IRR)
c. Expropriation (Section 6, RA 10752; Section 7, IRR; Rule 67 Rules of
Court)
The other modes of ROW acquisition are the following:

a. Acquisition of Properties under Commonwealth Act (CA) No. 141

b. Exchange or Barter (Section 9, IRR)
c. Easement of Right-of-Way (Section 10, IRR)
d. Acquisition of Subsurface Right-of-Way (Section 4, RA 10752; Section 11, IRR)
e. Other modes authorized by law (Article 712, New Civil Code)
KEN EDWARD S. STA RITA
OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Donation
The IA may explore the mode of donation of the needed portion or whole of the affected
property, i.e., lots with or without improvements, by the property owned concerned, which
may be a private individual/corporation or a government agency/corporation.

If the property owner agrees to donate the property to be acquired by the IA as ROW, a deed
of donation shall immediately be prepared. The deed of donation shall be simple and
unconditional, and contain clauses to the effect that the donation is made not to defraud the
donor's creditors, and that the donor has, if necessary, reserved for himself enough property
for his family's subsistence, sustenance and support in case the donor is a private individual.

The donation must be accepted by the IA, which shall be indicated in the deed.

The IA shall pay the documentary stamp tax, transfer tax, and registration fee, while the
donor shall pay any unpaid real property tax.

• The implementing agency may utilize donation or similar mode of acquisition if the
landowner is a government-owned or government-controlled corporation
KEN EDWARD S. STA RITA
OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Donation

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Negotiated Sale
• The implementing agency may offer to acquire, through negotiate sale, the right-of-way site or
location for a national government infrastructure project, under the following rules.

(a) The implementing agency shall offer to the property owner concerned, as compensation price,
the sum of:

(1) The current market value of the land,

(2) The replacement cost of structures and improvements therein; and
(3) The current market value of crops and trees therein.

• The property owner is given thirty (30) days to decide whether or not to accept the offer as
payment for his property.

• The property owner and the implementing agency shall execute a deed of absolute sale: Provided,
That the property owner has submitted to the implementing agency the Transfer Certificate of Title,
Tax Declaration, Real Property Tax Certificate, and other documents necessary to transfer the title
to the Republic of the Philippines. The implementing agency shall cause the annotation of the deed
of absolute sale on the Transfer Certificate of Title.
KEN EDWARD S. STA RITA
OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 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 remitted
to the LGU concerned under subparagraph (d) herein; and

(2) Seventy percent (70%) of the negotiated price of the affected structures, improvements,
crops and trees, exclusive of unpaid taxes remitted to the LGU concerned under subparagraph
(d) herein.

• The implementing agency shall, at the times stated hereunder, pay the property owner 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 remitted to the LGU concerned
under subparagraph (d) herein: Provided, That the land is already completely cleared of structures,
improvements, crops and trees.

(1) 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

(2) At the time of the annotation of a deed of sale on the title, in cases where the land is partially
affected.
KEN EDWARD S. STA RITA
OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Negotiated Sale

• With regard to the taxes and fees relative to the transfer of title of the property to the Republic of
the Philippines through negotiated sale, the implementing agency shall pay, for the account of the
seller, the capital gains tax, as well as the documentary stamp tax, transfer tax and registration fees,
while the owner shall pay any unpaid real property tax.

• The provisions of subparagraph (a) herein shall also apply to outstanding claims for right-of-way
payments, except that the amount to be offered shah be the price at the time of taking of the property,
including legal interest until fully paid.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Negotiated Sale

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Expropriation
Grounds under RA 10752:

• If the property owner does not accept the price offer, the implementing agency shall initiate expropriation
proceedings

• Upon refusal or failure of the property owner to accept such offer or fails anchor refuses to submit the
documents necessary for payments, the implementing agency shall immediately initiate expropriation
proceedings

• In case the owner of the property cannot be found, if unknown, or deceased in cases where the estate has
not been settled, after exerting due diligence, or there are conflicting claims over the ownership of the
property and improvements and structures thereon

Rule 67: The right of eminent domain shall be exercised by the filing of a verified complaint which shall state
with certainty the right and purpose of expropriation, describe the real or personal property sought to be
expropriated, and join as defendants all persons owning or claiming to own, or occupying, any part
thereof or interest therein, showing, so far as practicable, the separate interest of each defendant. If the
title to any property sought to be expropriated appears to be in the Republic of the Philippines, although
occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot
with accuracy or certainty specify who are the real owners, averment to that effect shall be made in the
complaint.
KEN EDWARD S. STA RITA
OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Expropriation
Upon the filing of the complaint or at any time thereafter, and after due notice to the defendant, the
implementing agency shall immediately deposit to the court in favor of the owner the amount equivalent to the
sum of:

(1) One hundred percent (100%) of the value of the land based on the current relevant zonal valuation of the
Bureau of Internal Revenue (BIR) issued not more than three (3) years prior to the filing of the expropriation
complaint subject to subparagraph (c) of this section;

(2) The replacement cost at current market value of the improvements and structures as determined by:

(i) The implementing agency;

(ii) A government financial institution with adequate experience in property appraisal; and
(iii) An independent property appraiser accredited by the BSP.

(3) The current market value of crops and trees located within the property as determined by a government
financial institution or an independent property appraiser to be selected as indicated in subparagraph (a) of
Section 5 hereof.

Upon compliance with the guidelines abovementioned, the court shall immediately issue to the implementing
agency an order to take possession of the property and start the implementation of the project.
KEN EDWARD S. STA RITA
OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Expropriation
• In case the completion of a government infrastructure project is of utmost urgency and importance, and
there is no land classification or no existing zonal valuation of the area concerned or the zonal
valuation has been in force for more than three (3) years, the implementing agency shall use the BIR
zonal value and land classification of similar lands within the adjacent vicinity as the basis for the
valuation.

• In the event that the owner of the property contests the implementing agency’s proffered value, the
court shall determine the just compensation to be paid the owner within sixty (60) days from the date of
filing of the expropriation case. When the decision of the court becomes final and executory, the
implementing agency shall pay the owner the difference between the amount already paid and the just
compensation as determined by the court.

• With regard to the taxes and fees relative to the transfer of title of the property to the Republic of the
Philippines through expropriation proceedings, the implementing agency shall pay the documentary
stamp tax, transfer tax and registration fees, while the owner shall pay the capital gains tax and any
unpaid real property tax.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Expropriation

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Acquisition of Properties under Commonwealth Act (CA) No. 141

• CA 141 - SECTION 112. Said land shall further be subject to a right-of-way not exceeding sixty
(60) meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and
telephone lines and similar works as the Government or any public or quasi-public service or
enterprise, including mining or forest concessionaires, may reasonably require for carrying on their
business, with damages for the improvements only.

• Before January 7, 1975 - 20 meter government reservation

• January 7, 1975 onwards - 60 meter government reservation (PD 635)

• All patents are subject to government reservation except CLOA (emancipated patent)

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Acquisition of Properties under Commonwealth Act (CA) No. 141

In case of lands granted through Commonwealth Act No. 141, as amended, otherwise known as
“The Public Land Act”, the implementing agency shall:

(a) Follow the other modes of acquisition enumerated in this Act, if the landowner is not the
original patent holder and any previous acquisition of said land is not through a gratuitous title; or

(b) Follow the provisions under Commonwealth Act No. 141, as amended, regarding acquisition of
right-of-way on patent lands, if the landowner is the original patent holder or the acquisition of the
land from the original patent holder is through a gratuitous title.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Acquisition of Properties under Commonwealth Act (CA) No. 141

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Exchange or Barter
Instead of being paid the money value of his property, the owner of a property needed for a ROW of a national
government project may request the government to exchange or barter an old abandoned government road or
other government property near the project with his said property. The IA may favorably consider this mode,
subject to the provisions of relevant laws and the following conditions:

The exchange shall be done on a “value-for-value” basis, i.e., the properties being exchanged are equivalent in
market value or price;

If the government property to be exchanged with the private property was originally donated by a previous
owner, the donation must be verified to ensure that there is no condition which prohibits the government from
disposing of it to other private persons. If the said government property was originally acquired through sale, the
previous owner shall have the first priority to re-acquire the property if required by law or by the contract or deed
of sale;

Owners of property whose land abut the said abandoned government road or other property shall not be deprived
of access, i.e., egress or ingress, to the new highway to be built, if any; and

The private property owner and the IA which are parties to the exchange or barter agreement shall be subject to
applicable CGT and DST in accordance with BIR rules and regulations.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Exchange or Barter

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Easement of Right-of-Way
If the portion of a lot needed for a ROW is minimal, such that the expenses for surveying or segregating
that portion from the main lot would be very much more than the value of the part of the lot needed, the IA
may, if the property owner agrees, resort to the mode of Easement of ROW provided under the Civil Code.

Under this mode, a ROW easement agreement shall be executed by the property owner and the IA
whereby the former will grant the latter the right to use the affected portion of the lot as ROW, but the
owner retains ownership of that portion of the lot.

The IA shall pay the owner the value of that portion of the lot based on the existing zonal valuation
declared by the BIR. In addition, the IA shall compensate the property owner the replacement cost of any
improvements and structures on the land affected by the ROW in accordance with Section 6.6 of this IRR.
Entry by the IA to the acquired property may be effected upon full payment of the value of the property.
The IA may engage the services of an IPA to determine the amount of the easement to be paid.

The mode of ROW acquisition through easement agreement may also be used in government agency-to-
agency transactions, including those involving government-owned and controlled corporations.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Easement of Right-of-Way

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Acquisition of Subsurface Right-of-Way

As provided in Section 4 of the Act, when it is necessary to build, construct, or install on the subsurface or
subterranean portion of private and government owned lands owned, occupied or leased by other persons, such
infrastructure as subways, tunnels, underpasses, waterways, floodways, or utility facilities as part of the
government's infrastructure and development project, the government or any of its authorized representatives
shall not be prevented from entry into and use of such private and government lands by surface owners or
occupants, if such entry and use are made more than fifty (50) meters from the surface.

The IA shall duly consult with and notify the affected property owners of any acquisition of subsurface right of
way needed for the infrastructure projects.

If the national government project involves underground works within a depth of fifty (50) meters from the
surface, the IA may undertake the mode of acquisition in the following order:

Negotiate with the property owner a perpetual easement of ROW for the subterranean portions of his
property required by the project; and

Offer to acquire from the property owner the affected portion of the land, including the affected structures,
improvements, crops and trees therein in accordance with the provisions of the Act.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Other modes authorized by law

Article 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by donation,
by testate and intestate succession, and in consequence of certain contracts, by tradition.

They may also be acquired by means of prescription.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 Other modes authorized by law

In case of untitled lands being acquired through negotiated sale, the IA shall compensate the
owner using the procedures in Section 6 of the IRR, provided that the land owner shall present:

• Tax Declaration showing his and his predecessors' open and continuous possession of
the property for at least thirty (30) years;
• Certification from the Department of Environment and Natural Resources (DENR) that
the land is alienable and disposable; and
• Other documents that may show proof of ownership.

In case of failure to establish ownership over the land, but where improvements are introduced
thereon, the apparent property owner may be entitled to compensation for the said
improvements subject to Section 6.8 of this IRR.

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022
 END OF PRESENTATION

KEN EDWARD S. STA RITA

OIC-Division Chief
ROWAED, Legal Service
DPWH Central Office
03/22/2022