PERTINENT LAWS RELATING

TO
ROW ACQUISITION
Republic Act No. 10752 and its IRR
 Republic Act No. 10752 and its IRR

Section 1. Declaration of Policy. - Article III,

Section 9 of the Constitution states that private
property shall not be taken for public use without
just compensation. Towards this end, the State shall
ensure that owners of real property acquired for
national government infrastructure projects are
promptly paid just compensation.
 Republic Act No. 10752 and its IRR
DPWH vs Estate of Juan Maria Posadas, et. al.
GR No. 214310
- When the State appropriates private property
for public use, it must compensate the owner of the
property so taken. For compensation to be just, the
government must not only reimburse the owner
with the property's fair value, it must also do so in a
timely manner.
 Republic Act No. 10752 and its IRR
SECTION 3. National Government Projects. –
As used in this Act, the term “national government
projects” shall refer to all national government
infrastructure projects and its public service
facilities, engineering works and service contracts,
including projects undertaken by government-
owned and -controlled corporations, all projects
covered by Republic Act No. 6957, as amended by
Republic Act No. 7718, otherwise known as the
“Build-Operate-and-Transfer Law”, and other
 Republic Act No. 10752 and its IRR

Subject to the provisions of Republic Act No. 7160,

otherwise known as the “Local Government Code
of 1991”, local government units (LGUs) may also
adopt the provisions of this Act for use in the
acquisition of right-of-way for local government
infrastructure projects.
 Republic Act No. 10752 and its IRR

SECTION 4. 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, expropriation, or any other mode of
acquisition as provided by law.
 Republic Act No. 10752 and its IRR
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
 Commonwealth Act No. 141

SECTION 112. Said land shall further be subject to

a right-of-way not exceeding twenty (20) meters in
width for public highways, railroads, irrigation
ditches, aqueducts, telegraph and telephone lines
and similar works as the Government or any public
or quasipublic service or enterprise, including
mining or forest concessionaires, may reasonably
require for carrying on their business, with damages
for the improvements only.
 PRESIDENTIAL DECREE No. 635
January 7, 1975
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 quasipublic service or enterprise, including
mining or forest concessionaires, may reasonably
require for carrying on their business, with damages
 Republic Act No. 10752 and its IRR
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
 Republic Act No. 10752 and its IRR
The implementing agency may utilize donation or
similar mode of acquisition if the landowner is a
government-owned or government-controlled
corporation.
 Republic Act No. 10752 and its IRR
When it is necessary to build, construct, or install
on the subsurface or subterranean portion of private
and government 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
 Republic Act No. 10752 and its IRR
SECTION 8. Ecological and Environmental
Concerns. – In cases involving the acquisition of
right-of-way site or location for any national
government infrastructure project, the
implementing agency shall take into account the
ecological and environmental impact of the project.
Before any national government project could be
undertaken, the implementing agency shall consider
environmental laws, land-use ordinances, and all
 Republic Act No. 10752 and its IRR
SECTION 9. Relocation of Informal Settlers. – The
government, through the Housing and Urban
Development Coordinating Council (HUDGC) 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-
 Republic Act No. 10752 and its IRR
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. 10752 and its IRR
SEC. 28. Eviction and Demolition. – Eviction or
demolition as a practice shall be discouraged.
Eviction or demolition, however, may be allowed
under the following situations:
(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
 Republic Act No. 10752 and its IRR
In the execution of eviction or demolition orders
involving underprivileged and homeless citizens,
the following shall be mandatory:
(1) Notice upon the affected persons or entities 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
 Republic Act No. 10752 and its IRR
In the execution of eviction or demolition orders
involving underprivileged and homeless citizens,
the following shall be mandatory:
(5) Execution of eviction or demolition only during
regular office hours from Mondays to Fridays and
during good weather, unless the affected families
consent otherwise;
(6) No use of heavy equipment for demolition
except for structures that are permanent and of
concrete materials;
 Republic Act No. 10752 and its IRR
(8) Adequate relocation, whether temporary or
permanent: Provided, however, That in cases of
eviction and demolition pursuant to a court order
involving underprivileged and homeless citizens,
relocation shall be undertaken by the local
government unit concerned and the National
Housing Authority with the assistance of other
government agencies within forty-five (45) days
from service of notice of final judgment by the
court, after which period the said order shall be
 Republic Act No. 10752 and its IRR
SEC. 29. Resettlement. – Within two (2) years from
the effectivity of this Act, the local government
units, in coordination with the National Housing
Authority, shall implement the relocation and
resettlement of persons living in danger areas such
as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and in other
public places such as sidewalks, roads, parks, and
playgrounds. The local government unit, in
Republic Act No. 10752 and its IRR
 Republic Act No. 10752 and its IRR
SECTION 16. Repealing Clause. – Republic Act
No. 8974 is hereby repealed and all other laws,
decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby
repealed or amended accordingly.
 Republic Act No. 10752 and its IRR
SECTION 16. Repealing Clause. – Republic Act
No. 8974 is hereby repealed and all other laws,
decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby
repealed or amended accordingly.
REPUBLIC ACT NO. 8974
November 7, 2000
AN ACT TO FACILITATE THE ACQUISITION
 EXECUTIVE ORDER NO. 483
Establishing the Classification of Roads
National roads shall have a right-of-way of not less
than twenty (20) meters, provided that a right-of-
way of at least sixty (60) meters shall be reserved
for roads constructed through unpatented public
land and at least one hundred twenty (120) meters
reserved through naturally forested areas of
aesthetic or scientific value.
 EXECUTIVE ORDER NO. 483
Establishing the Classification of Roads
Provincial roads shall have a right-of-way of not
less than fifteen (15) meters provided that a right-
of-way of at least sixty (60) meters shall be
reserved for roads constructed through unpatented
public land.
Municipal and city roads shall have a right-of-way
of not less than ten (10) meters; provided that the
principal streets of town sites located on public
 Commonwealth Act No. 141

SECTION 112. Said land shall further be subject to

a right-of-way not exceeding twenty (20) meters in
width for public highways, railroads, irrigation
ditches, aqueducts, telegraph and telephone lines
and similar works as the Government or any public
or quasipublic service or enterprise, including
mining or forest concessionaires, may reasonably
require for carrying on their business, with damages
for the improvements only.
 PRESIDENTIAL DECREE No. 635
January 7, 1975
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 quasipublic service or enterprise, including
mining or forest concessionaires, may reasonably
require for carrying on their business, with damages
 Republic Act No. 10752 and its IRR
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