EXPROPRIATION

Immediately after the project approval by the appropriate

agency, the IA shall notify the Housing and Urban Development
Coordinating Council (HUDCC), now the Department of
Human Settlements and Urban Development (DHSUD) by
virtue of R.A. No. 11021, of its proposed projects which may
require ROW acquisition that may cause the displacement or
relocation of informal settlers
If affected informal settlers are unable or refuse to vacate or
demolish their improvements despite the issuance of a writ
of possession by the Court, the Court shall issue a Writ of
Demolition
The IA must adhere to Sections 28 and 29 of the UDHA
 EXPROPRIATION

Section 28, UDHA

As a rule, eviction and demolition as a practice shall be
discouraged.

When allowed?
(a) When persons or entities occupy danger areas such as esteros,
railroad tracks, garbage dumps, riverbanks, shorelines, waterways,
and other public places such as sidewalks, roads, parks, and
playgrounds;
(b) When government infrastructure projects with available funding
are about to be implemented; or
(c) When there is a court order for eviction and demolition
 EXPROPRIATION
In the execution of eviction or demolition orders involving
underprivileged and homeless citizens, the following shall be
mandatory:

1. Notice at least thirty (30) days prior to the date of eviction or

demolition;
2. Adequate consultations on the matter of resettlement with the duly
designated representatives of the families to be resettled and the
affected communities in the areas where they are to be relocated;
3. Presence of local government officials or their representatives during
eviction or demolition;
4. Proper identification of all persons taking part in the demolition;
5. Execution only during regular office hours from Mondays to Fridays
and during good weather, unless the affected families consent
otherwise;
 EXPROPRIATION
6. No use of heavy equipment for demolition except for structures that
are permanent and of concrete materials;
7. Proper uniforms for members of the Philippine National Police who
shall occupy the first line of law enforcement and observe proper
disturbance control procedures; and
8. Adequate relocation, whether temporary or permanent, provided:

(a)In cases of eviction and demolition pursuant to a court order, relocation

shall be undertaken by the LGU and the NHA with the assistance of
other government agencies within 45 days from service of notice of final
judgment by the court
(b)If relocation is possible within 45 days, financial assistance shall be
given to the affected families by the LGU concerned

- Amount equivalent to the prevailing minimum daily wage multiplied by

60 days
 EXPROPRIATION

Section 29, UDHA

LGU in coordination with NHA shall:

1. implement the relocation and resettlement of persons living in

danger areas and in public places
2. Provide relocation or resettlement sites with basic services and
facilities and access to employment and livelihood
opportunities sufficient to meet the basic needs of the affected
families
ROW ACQUISITION OF PROPERTIES
GRANTED THROUGH CA 141
Landowner Acquisition from Mode of
the original patent acquisition
holder
Original patent Follow provisions of
holder CA 141
Not the original Through a Follow provisions of
patent holder gratuitous title CA 141
Not the original Not through a Follow provisions of
patent holder gratuitous title RA 10752
 ROW ACQUISITION OF PROPERTIES
GRANTED THROUGH CA 141
Section 112, CA 141
a ROW strip not exceeding 20 meters is reserved by the government
for public use with damages to improvements only

NOTE: Amendment by Presidential Decree (PD) No. 635, dated 07

January 1975, increased this to 60 meters

D.O. 11, series of 2004

Strict implementation of Sec, 112 of CA 141 as amended
Compensation only for improvements
 ROW ACQUISITION OF PROPERTIES
GRANTED THROUGH CA 141
Mode of ROW acquisition (under CA 141): Execution of
quitclaim by the owner

IO shall then take possession of the property with compensation

for damages only for improvements unless the remaining
portion of the property is rendered unusable/uninhabitable

If the owner refuses or is unable to issue a quit claim, the IO may

immediately take possession of the affected property as the need
arises and upon due notice to the owner, without prejudice to
other legal remedies available.
 ROW ACQUISITION OF PROPERTIES
GRANTED THROUGH CA 141
Andaya vs. Republic of the Philippines, G.R. No. 160656, June 15, 2007

All the Republic needs to do is to enforce its right over the legal easement
of right-of-way without having to initiate expropriation proceedings and
without having to pay any just compensation.

However, if in the enforcement of ROW, the remaining area of the property

is rendered unusable and unhabitable, the property owner is entitled to just
compensation in the form of consequential damages.

“Taking”, in the exercise of the power of eminent domain, occurs not only
when the government actually deprives or dispossesses the property owner
of his property or of its ordinary use, but also when there is a practical
destruction or material impairment of the value of his property.

Ex: project would prevent ingress and egress to the property

 ROW ACQUISITION OF PROPERTIES
GRANTED THROUGH CA 141

Bartolata vs. Republic of the Philippines

G.R. No. 223334, June 7, 2017

Two conditions before the property owner can be entitled to just

compensation for the remaining property under Sec. 112, CA 141:

1. The remaining property is not within the 60-meter ROW; and

2. Enforcement of the ROW results in the practical destruction or
material impairment of the property
 ROW ACQUISITION OF PROPERTIES
GRANTED THROUGH CA 141
TO RECAPITULATE:
Rule on Just Compensation if the government enforces its
ROW on lands granted through CA 141

General Rule: Property owner is not entitled to just compensation

over the lot but is entitled to damages only for improvements

Exception: Property owner is entitled to just compensation if

there is practical destruction or material impairment of the
property, i.e., the remaining property is rendered unusable or
unhabitable
 EXCHANGE OR BARTER
Legal concept of Exchange or Barter
A contract where one of the parties binds himself to give one
thing in consideration of the other’s promise to give another
thing (Article 1638, CCP)

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
Execution of a Deed of Exchange
Subject to conditions enumerated under the IRR of RA 10752
 EXCHANGE OR BARTER
CONDITIONS:

1. Exchange on a “value-for-value” basis, i.e., the properties being

exchanged are equivalent in market value or price
2. If the government property was originally donated by a previous
owner, verify if the donation has no condition which prohibits the
government from disposing of it to other private persons
3. If the 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 of sale
4. Owners of property whose land abut the abandoned government
road or other property shall not be deprived of access to the new
highway to be built, if any;
5. The private property owner and the IO shall be subject to
applicable CGT and DST in accordance with BIR rules and
regulations
 EASEMENT OF ROW

Legal Concept of Easement

An encumbrance on the property of one for the benefit of

another
Established by law (Legal) or by will of the owner (Voluntary)
 EASEMENT OF ROW
If the owner agrees, voluntary Easement of ROW may be resorted to if the
portion needed for ROW is minimal, such that the expenses for surveying or
segregating that portion from the main lot is significantly more than the value of
the land
Execution of ROW Easement Agreement
• IO is allowed to use the portion as ROW
• Owner retains ownership of the portion
• Registered with the Register of Deeds and annotated on the title
• IO shall pay the owner the value of that portion of the lot based on the
existing zonal valuation declared by the BIR and the replacement cost of
any improvements and structures on the land affected by the ROW
• Entry by the IO may be effected upon full payment of the value of the
property
 SPECIAL CASES
ROW ACQUISITION INVOLVING LANDS WITHIN ANCESTRAL
DOMAINS
Under RA 8371 (IPRA):

Ancestral Domain
All areas generally belonging to Indigenous Cultural Communities (ICCs) or
Indigenous Peoples (IPs) comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of ownership, occupied or possessed
by ICCs/IPs, by themselves or through their ancestors, communally or individually
since time immemorial, continuously to the present

Certificate of Ancestral Domain Title (CADT): title formally recognizing the rights
of possession and ownership of ICCs/IPs over their ancestral domains identified
and delineated in accordance with IPRA
 SPECIAL CASES
ANCESTRAL LAND
Land occupied, possessed and utilized by individuals, families and clans who are
members of the ICCs/IPs since time immemorial, by themselves or through their
predecessors-in-interest, under claims of individual or traditional group ownership,
continuously, to the present

Certificate of Ancestral Land Title (CALT): title formally recognizing the rights of
ICCs/IPs over their ancestral lands

FREE AND PRIOR INFORMED CONSENT

The consensus of all members of the ICCs/IPs to be determined in accordance with their
respective customary laws and practices, free from any external manipulation,
interference and coercion, and obtained after fully disclosing the intent and scope of the
activity, in a language and process understandable to the community

National Commission on Indigenous Peoples (NCIP ) Administrative Order No. 3, series of 2012:Revised
Guidelines on FPIC and related processes