DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Manila, Philippines

Simplified Guidelines for Validation and Evaluation of IROW Claims

CHAPTER I

GUIDANCE TO VALIDATION OF DOCUMENTS

INTRODUCTION

“The rule is settled that a buyer of real property which is in the possession of
persons other than the seller must be wary and should investigate the rights of
those in possession. Otherwise, without such inquiry, the buyer can hardly be
regarded as buyer in good faith.”(Republic vs. De Guzman, et al., G. R. No. 105630,
February 23, 2000, 326 SCRA 267)

The DPWH, as a purchaser, cannot just close its eyes to the possible existence of
defects on the documents submitted by a claimant. It must ensure that the
validation of data and information on the IROW Claims shall give its officials and
staff involved in the IROW acquisition, a high level of confidence to prove beyond
doubt that the claims are legal to the best interest of the government.

PURPOSE

This chapter provides guidance on how to validate and evaluate IROW claims. The
first step is to check the level of confidence of the quantity and quality of data and
information to develop the IROW claims cost estimates. The second step is to
validate the claims against highway rights or decreed properties of public domain.
The third step is to subject the titles to further examination and research. After
having undergone steps 1 to 8, the validator or evaluator or the Technical Working
Group shall have gained the level of confidence to recommend to the IROW
Committees that the claims are legitimate. Likewise, this procedure will ensure
safeguarding the highway rights as the Department will have an accurate
understanding of the extent of its ownership interests, including boundary lines,
existing occupancies and current use.

GUIDANCE ON VALIDATION AND EVALUATION OF IROW CLAIMS

STEP 1. CHECK LEVEL OF CONFIDENCE ON THE DOCUMENTS. This is a pre-

screening of documents supporting the IROW claims. To ensure a high level of
confidence on the submitted documents supporting the IROW claims, a risk
assessment of the title information and other pertinent documents has to be
conducted by asking the following simple questions: Does IROW Maps (Parcellary
and Subdivision Plans) accurately and clearly depict the location of property? Is
there an appearance of some irregularity in the title? Is there a question of
ownership? Is the title duly authenticated by the Register of Deeds? Are there any
liens and encumbrances subjected to the title? Will the acquisition include any
improvement?

Shown on the next page is a matrix which can serve as a reference in validating the
quantity and quality of submitted documents supporting IROW claims. Using the
Pass or Fail Criteria, one positive answer to any of those simple questions indicates
that further title examination has to be conducted. To ensure a high level of
confidence in the overall validation and evaluation of IROW claims, it is a must that
the Evaluator(s) proceed to the next steps.
IROW Technical Working Group, Special Order 96, series of 2006
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 DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines

Simplified Guidelines for Validation and Evaluation of IROW Claims

HEIRARCHY OF LEVEL OF CONFIDENCE

HIGH LEVEL OF CONFIDENCE
Title Tax Tax IROW Maps Potential Additional
Declaration Clearance (Parcellary and Impacts Information
Subdivision Plans)
Authenticated Certified by Issued by accurately and clearly depict Potential relocation, Information is
by Register Assessor’s Local the specific parcel of land property readily
of Deeds Office for the Treasurer (approximately 100%) management, Available on which
last five years Parcels are identified, environmental and to base probable
delineated and areas of damage to property cost and
parent tract, take and improvements damages. Zonal
remainders are shown. have been valuation (as
identified. published by the
BIR). Appraisal
Committee Report
on values based on
the time of taking

AVERAGE LEVEL OF CONFIDENCE

Title Tax Tax IROW Maps Potential Additional

Declaration Clearance (Parcellary and Impacts Information
Subdivision Plans)
Authenticated Certified by Issued by sufficient to identify sufficient Information
by Register Assessor’s Local individual parcels, areas of identification of is available on
of Deeds Office for the Treasurer take and the remainders. potential relocation, which to base
last five years property probable property
management, cost and damages.
environmental and Zonal valuation (as
damage to published by the
improvements BIR). Appraisal
Committee Report
on values based on
the time of taking

BELOW AVERAGE LEVEL OF CONFIDENCE

Title Tax Tax IROW Maps Potential Additional

Declaration Clearance (Parcellary and Impacts Information
Subdivision Plans)
Title not Certified by Issued by preliminary and may not There is preliminary Market data are
authenticated Assessor’s Local identify individual parcels, identification of limited, but
by the Office for the Treasurer areas of take and potential relocation, available. Limited
Register of last five years remainders. property data on zonal
Deeds management, valuation no
environmental and reference to
damage to publication made
improvements . by BIR

POOR LEVEL OF CONFIDENCE

Title Tax Tax IROW Maps Potential Additional

Declaration Clearance (Parcellary and Impacts Information
Subdivision Plans)
Tax No No not available or are Potential relocation, Market data are
Declaration Certification clearance extremely preliminary. property limited, but
by Assessor’s issued by Parcels, proposed management, available. No
Title not Office Local acquisitions and environmental and available data on
authenticated Treasurer remainders are not damage to zonal valuations.
by the identified. improvements have
Register of not been identified.
Deeds

Note: Only claims that passed the pre-screening with a ranking of high and average level of confidence can proceed to
Step 2. For claims with ranking of below average and poor level of confidence, the Evaluator should notify or
recommend the IROW Committee to disapprove the claim and to return immediately the submitted documents to the
claimant(s) with explanation of the result of the pre-screening.

IROW Technical Working Group, Special Order 96, series of 2006

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 DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines

Simplified Guidelines for Validation and Evaluation of IROW Claims

STEP 2. DETERMINE THE CHARACTER OF HIGHWAY ACQUISITION. Verify the

impacts of the parcel of land, which is subject of the claim, to the Highway rights,
highway-by-use, highway by prescription, easements pursuant to Water Code of the
Philippines, etc. Refer to Chapter II of this Guideline. Step 2 should be undertaken
by accomplishing Form 1 on pp D1-D3.

CRITERIA:
1. Highways rights are decreed properties with highway widths prescribed under a
statute (CA 141, 1936 [Public Land Act], EO47[1936], EO194[1939],
EO294[1940], EO493[1951], Proc. 336[1952], EO113[1955], PD 635[1975],
EO621[1980]
2. Easements pursuant to Water Code of the Philippines

STEP 3. SUBJECT TITLES TO FURTHER EXAMINATION?

Conditions Actions
Land or parcel of land, subject of the claim
o Passed in one or all the conditions on highway rights and Disapprove Claim
easements (Water Code), i.e., the subject land or parcel of
land is within decreed properties of the government with
prescribed widths under a law or statute
o Failed in all the conditions of highway rights Proceed to Step 4

STEP 4. PROCEED TO TITLE SEARCH. Refer to Chapter III of this Guideline.

Form 2 on pp D4-D8 shall be used for this activity.

STEP 5. DETERMINE THE CONDITIONS OF THE TITLES AND DOCUMENTS

Type of Title Documents Actions

and Conditions
Patented Titles and Torrens
Titles originated from Public
Land Act (CA 141)
New alignment
Patented Titles and Torrens
Titles originated from Public
Land Act (CA 141)
Check date of issuance of title, subject to the provisions of Section 112
of CA 141 and PD 635, if the width requirement of the new road is
within the prescribed width by statute, subject to Quit Claim, however,
after STEP 8.
Check date of issuance of title, subject to the provisions of Section 112
of CA 141 and PD 635. if the width requirement of the new road exceeds
the prescribed width by statute, subject to negotiation either donation,
or easement, or purchase, or expropriation, however, after STEP 8.
The width in excess of the highway rights width, maybe subject to
negotiation either donation, or easement, or purchase, or expropriation,
however, after STEP 8.

Old alignment, however,
requires widening extending
outside the highway rights
Tax Declaration (TD) for
Alienable and Disposable
Land (Agricultural land)
Tax Declaration for Non-
Alienable and Disposable
Land such as Forestland,
Timberland, Mineral Land,
Marshland, Land
underwater
The reservation once taken or availed of by the government cannot be
exercised for the second or third time.
Disapprove Claim
Tax declarations and tax receipts are only prima facie evidence of
ownership or possession and do not by themselves conclusive proof of
ownership.
Disapprove Claim
It is a settled rule that forest lands or forest reserves, timberland,
mineral land, marshland are not capable of private appropriation and
possession thereof, however long cannot convert them into private
property.

IROW Technical Working Group, Special Order 96, series of 2006

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 DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines

Simplified Guidelines for Validation and Evaluation of IROW Claims

Type of Title Documents Actions

and Conditions
Spanish Titles Disapprove Claim

Spanish Titles can no longer be countenanced as indubitable evidence of

Torrens Title/TCTs issued
under Cadastral Proceedings
(Private Lands)
Friar lands
Certificate of Land Ownership
Award (CLOA) or
Emancipation Patent
SPECIAL WORK ORDER
(SWO), USUFRUCT, etc.
land ownership
Maybe subject to negotiation either donation, or easement, or purchase,
or expropriation, however, after STEP 8
The Government holds title and are not public lands but private or
patrimonial property of the Government and can be alienated only upon
proper compliance with the requirements of Act. No. 1120 or the Friar
Lands Act.
Check the origin of the title. If original title is CA 141, shall be subject to
Section 112 CA 141 (verify the clauses specified in the title). If the
original title is from private land and agrarian was made through land
transfer or voluntary offer to sell by the landowner, parcel taking shall be
subject to compensation considering that the beneficiaries of the agrarian
reform program are paying amortizations for the lands awarded to them.
Disapprove claim
SWO, usufruct are concession or lease of use of public lands granted to
individuals or corporation to cultivate the land for commercial agricultural
and forest production. The government still the owner of the land.

STEP 6. UNDERTAKE A TITLE EXAMINATION. This is intended to determine

liens and encumbrances. Refer to Chapter III.

STEP 7. GET A TITLE OPINION (Optional). The concerned IROW Committee may use
an attorney's title opinion if an attorney with experience in the field of real estate titles is
available to render such an opinion. This may be provided by an attorney of the Department
or of the Office of the Solicitor General.

STEP 8. FIELD VERIFICATION

a) Negotiations and field reviews often bring to light matters affecting title to real
property not reflected in the public records. Unrecorded conveyances, leases,
easements, etc. can be discovered only through discussions with property owners and
by physical inspection of the premises. The fact that these matters do not appear in
the public records does not lessen their impact on title.

b) Any information discovered during negotiations or field reviews that may affect the
title to the parcel being acquired must be provided to the concerned District
Engineer/Regional Director/IROW-PMO Director. This information shall be submitted
to the concerned IROW Committee and shall include copies of all pertinent
documents, if available.

If upon verification, the lot described in the technical description does not confirm its physical
existence – Disapprove Claim. Otherwise, proceed to STEP 9.

STEP 9. PREPARE RESOLUTION Passing all the steps and found out that the title is
marketable and free from liens, supporting documents are valid and duly authenticated and
most important the claimant is the refuted owner, then the IROW Committee shall make the
official statement in the form of Resolution. The official statement by the Department that the
parcel(s) described in the resolution is/are necessary for the project and acquisition of the
parcels by eminent domain is authorized. As to the format of the Resolution, which is
appropriate to the situation, refer to Chapter IV of this Guideline.

IROW Technical Working Group, Special Order 96, series of 2006

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