Government Right of Way Acquisition and Compensation (Quick Facts)

What is the law applicable on right-of-way acquisition and compensation in the Philippines?

• Republic Act No. 10752 and its implementing rules and regulations, among others.

Where should I file my claim for right-of-way compensation?

• First, determine which government agency or local government unit is implementing the project and then reach out to that office to check which division is in charge of the right-of-way claim processing.

How much should I get paid for my property?

• You get compensated for the affected portion, which does not necessarily mean the entire property. The price offer for negotiated sale is based on the sum of the following:

  • the current market value of the land

  • the replacement cost for structures and improvements

  • the current market value of the crops and trees

When is the time of taking and why is it important?

• Time of taking is at the time of filing of expropriation complaint by the government or at the time of actual taking/possession of the property by the government, whichever comes first. It is important because the amount of just compensation is based on the price computation at the time of taking.

Can I stop the government infrastructure project?

• No. Republic Act No. 8975 prohibits this to ensure the expeditious and efficient implementation and completion of government infrastructure projects thus avoiding unnecessary increase in construction, maintenance and/or repair costs. No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private, acting under the government’s direction, to restrain, prohibit or compel the following acts:

  • Acquisition, clearance and development of the right-of-way and/or site or location of any national government project;

  • Bidding or awarding of contract/project of the national government as defined under Section 2 hereof;

  • Commencement, prosecution, execution, implementation, operation of any such contract or project;

  • Termination or rescission of any such contract/project; and

  • The undertaking or authorization of any other lawful activity necessary for such contract/project

Can the government take my property without compensation?

• No private property shall be taken for public use without just compensation as provided in the Philippine Constitution, unless duly agreed to by the owner.

Why was I offered the BIR zonal value in the letter offer instead of the market value of the affected property?

• In the previous right-of-way law, price offer in cases of negotiated sale is based on BIR zonal value and not on market value. Take note that as a general rule, the effective law at the time of government taking is applicable.

Why an expropriation case has been filed against me without letter offer?

• Although a letter offer is usually required before filing an expropriation case, the government may immediately resort to expropriation in the following cases:

  • Failure to provide proof of ownership or submit any requirement

  • Property owners are unknown, unidentifiable or cannot be located

  • Two or more opposing parties are claiming compensation

  • Such other instances when negotiated sale is impracticable

What shall I do when the government has filed an expropriation case for my property?

• If there are no opposing claimants, you can go to court for the release of the amount deposited by the government agency and/or proceed with the determination of just compensation by the court.

The project has already been completed but I was not compensated. Can I file a case in court?

• For completed projects, an inverse or reverse expropriation case in court may be instituted. However, as a general rule, demand for payment from the government agency concerned is required under the principle of exhaustion of administrative remedies.

I have submitted all the requirements for my right of way claim but the government is unable to settle immediately.

• Lack of government funding is one of the reasons why property owners are not paid on time. Also, belated submission of requirements may require a different budgeting procedure, especially when the funds have already expired and are not utilized within the period set by law. Congressional approval of the budget may still be necessary. Also, note that proper verification and validation of claims must be conducted by concerned government units.