Republic Act No.
7160 October activities, such as site acquisition, supply paid the owner within sixty (60) days from
10, 1991 and/or installation of equipment and the date of filing of the expropriation
Setion 41(b) Amended by RA 8553 materials, implementation, construction, case. When the decision of the court
Setion 43 Amended by RA 8553 completion, operation, maintenance, becomes final and executory, the
improvement, repair, and rehabilitation, implementing agency shall pay the owner
AN ACT PROVIDING FOR A LOCAL regardless of the source of funding. the difference between the amount
GOVERNMENT CODE OF 1991 already paid and the just compensation
Section 3. Modes of Accounting Real as determined by the court.
Section 19. Eminent Domain. - A local Property. - The government may acquire
government unit may, through its chief real property needed as right-of-way, site Section 5. Standards for the Assessment
executive and acting pursuant to an or location for any national government of the Value of the Land Subject of
ordinance, exercise the power of eminent infrastructure project through donation, Expropriation Proceedings or Negotiated
domain for public use, or purpose or negotiated sale, expropriation or any Sale. - In order to facilitate the
welfare for the benefit of the poor and the other mode of acquisition as provided by determination of just compensation, the
landless, upon payment of just law. court may consider, among other well-
compensation, pursuant to the provisions established factors, the following relevant
of the Constitution and pertinent laws: Section 4. Guidelines for Expropriation standards:
Provided, however, That the power of Proceedings. - Whenever it is necessary
eminent domain may not be exercised to acquire real property for the right-of- (a) The classification and use for which
unless a valid and definite offer has been way or location for any national the property is suited;
previously made to the owner, and such government infrastructure project through
offer was not accepted: Provided, further, expropriation, the appropriate (b) The developmental costs for
That the local government unit may implementing agency shall initiate the improving the land;
immediately take possession of the expropriation proceedings before the
property upon the filing of the proper court under the following
expropriation proceedings and upon guidelines: (c) The value declared by the owners;
making a deposit with the proper court of
at least fifteen percent (15%) of the fair (a) Upon the filing of the complaint, and (d) The current selling price of similar
market value of the property based on after due notice to the defendant, the lands in the vicinity;
the current tax declaration of the property implementing agency shall immediately
to be expropriated: Provided, finally, pay the owner of the property the amount (e) The reasonable disturbance
That, the amount to be paid for the equivalent to the sum of (1) one hundred compensation for the removal and/or
expropriated property shall be percent (100%) of the value of the demolition of certain improvement on the
determined by the proper court, based on property based on the current relevant land and for the value of improvements
the fair market value at the time of the zonal valuation of the Bureau of Internal thereon;
taking of the property. Revenue (BIR); and (2) the value of the
improvements and/or structures as (f) This size, shape or location, tax
determined under Section 7 hereof; declaration and zonal valuation of the
land;
R.A. No. 8974 November 7, 2000 (b) In provinces, cities, municipalities and
other areas where there is no zonal (g) The price of the land as manifested in
valuation, the BIR is hereby mandated the ocular findings, oral as well as
AN ACT TO FACILITATE THE
within the period of sixty (60) days from documentary evidence presented; and
ACQUISITION OF RIGHT-OF-WAY,
the date of the expropriation case, to
SITE OR LOCATION FOR NATIONAL
come up with a zonal valuation for said
GOVERNMENT INFRASTRUCTURE (h) Such facts and events as to enable
area; and
PROJECTS AND FOR OTHER the affected property owners to have
PURPOSES sufficient funds to acquire similarly-
(c) In case the completion of a situated lands of approximate areas as
government infrastructure project is of those required from them by the
Be it enacted by the Senate and House
utmost urgency and importance, and government, and thereby rehabilitate
of Representatives of the Philippines
there is no existing valuation of the area themselves as early as possible.
Congress assembled:
concerned, the implementing agency
shall immediately pay the owner of the
Section 1. Declaration of Policy. - Article property its proffered value taking into Section 6. Guidelines for Negotiated
III, Section 9 of the Constitution states consideration the standards prescribed in Sale. - Should the implementing agency
that private property shall not be taken Section 5 hereof. and the owner of the property agree on a
for public use without just compensation. negotiated sale for the acquisition of
Towards this end, the State shall ensure right-of-way, site or location for any
Upon compliance with the guidelines national government infrastructure
that owners of real property acquired for
abovementioned, the court shall project, the standards prescribed under
national government infrastructure
immediately issue to the implementing Section 5 hereof shall be used to
projects are promptly paid just
agency an order to take possession of determine the fair market value of the
compensation.
the property and start the implementation property, subject to review and approval
of the project. by the head of the agency or department
Section 2. National Government
concerned.
Projects. - The term "national
Before the court can issue a Writ of
government projects" shall refer to all
Possession, the implementing agency Section 7. Valuation of Improvements
national government infrastructure,
shall present to the court a certificate of and/or Structures. - The Department of
engineering works and service contracts,
availability of funds from the proper Public Works and Highways and other
including projects undertaken by
official concerned. implementing agencies concerned, in
government-owned and controlled
corporations,all projects covered by coordination with the local government
Republic Act No. 6957, as amended by In the event that the owner of the units concerned in the acquisition of
Republic Act No. 7718, otherwise known property contests the implementing right-of-way, site or location for any
as the Build-Operate-and-Transfer Law, agency’s proffered value, the court shall national government infrastructure
and other related and necessary determine the just compensation to be project, are hereby mandated to adopt
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within sixty (60) days upon approval of government service and forfeiture of
this Act, the necessary implementing benefits.
rules and regulations for the equitable
valuation of the improvements and/or Section 12. Rules and Regulations. - A
structures on the land to be expropriated. committee composed of theSecretary of
the Department of Public Works and
Section 8. Ecological and Environmental Highways as chairperson, and the
Concerns. - In cases involving the secretaries of the Department of
acquisition of right-of-way, site or location Transportation and Communications, the
for any national government Department of Energy, and the
infrastructure project, the implementing Department of Justice, and the
agency shall take into account the presidents of the leagues of provinces,
ecological and environmental impact of cities and municipalities as members
the project. Before any national shall prepare the necessary rules and
government project could be undertaken, regulations for the proper implementation
the agency shall consider environmental of this Act within sixty (60) days from its
laws, land use ordinances and all approval.
pertinent provisions of Republic Act No.
7160, as amended, otherwise known as Section 13. Separability Clause. - If any
the Local Government Code of 1991. provision of this Act is declared
unconstitutional or invalid, other parts or
Section 9. Squatter Relocation. - The provisions hereof not affected shall
government through the National continue to be in full force and effect.
Housing Authority, in coordination with
the local government units and Section 14. Repealing Clause. - All laws,
implementing agencies concerned, shall decrees, orders, rules and regulations or
establish and develop squatter relocation parts thereof inconsistent with this Act
sites, including the provision of adequate are hereby repealed or amended
utilities and services, in anticipation of accordingly.
squatters that have to be removed from
the right-of-way or site of future
infrastructure projects. Whenever Section 15. Effectivity Clause. - This Act
applicable, the concerned local shall take effect fifteen (15) days
government units shall provide and following its publication in at least two (2)
administer the relocation sites. newspapers of general circulation.
In case the expropriated land is occupied
by squatters, 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,
otherwise known as the Urban
Development and Housing Act of 1992.
Funds for the relocation sites shall come
from appropriations for the purpose
under the General Appropriations Act, as
well as from appropriate infrastructure
projects funds of the implementing
agency concerned.
Section 10. Appropriations for
Acquisitions of Right-of -Way, Site or
Location for Any National Government
Infrastructure Project in Advance of
Project Implementation. - The
government shall provide adequate
appropriations that will allow the
concerned implementing agencies to
acquire the required right-of-way, site or
location for any national government
infrastructure project.
Section 11. Sanctions. - Violation of any
provisions of this Act shall subject the
government official or employee
concerned to appropriate administrative,
civil and/or criminal sanctions, including
suspension and/or dismissal from the
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