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.SEC.
2. National Government Projects. - The term “national
government
projects” shall refer to all national government infrastructure,
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 related and necessary
activities,
such as site acquisition, supply and/or installation of equipment and
materials,
implementation, construction, completion, operation, maintenance,
improvement,
repair, and rehabilitation, regardless of the source of funding.
Sec.
3. Modes of Accounting 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.
Sec.
4. Guidelines for Expropriation Proceedings. - Whenever it is
necessary
to acquire real property for the right-of-way or location for any
national
government infrastructure project through expropriation, the
appropriate
implementing agency shall initiate the expropriation proceedings before
the proper court under the following guidelines:
(a)
Upon the filing of the complaint, and after due notice to the
defendant,
the implementing agency shall immediately pay the owner of the property
the amount equivalent to the sum of (1) one hundred percent (100%) of
the
value of the property based on the current relevant zonal valuation of
the Bureau of Internal Revenue (BIR); and (2) the value of the
improvements
and/or structures as determined under Section 7 hereof;
(b)
In provinces, cities, municipalities and other areas where there is no
zonal valuation, the BIR is hereby mandated within the period of sixty
(60) days from the date of the expropriation case, to come up with a
zonal
valuation for said area; and
(c)
In case the completion of a government infrastructure project is of
utmost
urgency and importance, and there is no existing valuation of the area
concerned, the implementing agency shall immediately pay the owner of
the
property its proffered value taking into consideration the standards
prescribed
in Section 5 hereof.
Upon
compliance with the guidelines above-mentioned, the court shall
immediately
issue to the implementing agency an order to take possession of the
property
and start the implementation of the project.
Before
the court can issue a writ of possession, the implementing agency shall
present to the court a certificate of availability of funds from the
proper
official concerned.
In
the event that the owner of the property contests the implementing
agency’s
proffered value, the court shall determine the just compensation to be
paid the owner within sixty (60) days from the date of filing of the
expropriation
case. When the decision of the court becomes final and executory, the
implementing
agency shall pay the owner the difference between the amount already
paid
and the just compensation as determined by the court.
Sec.
5. Standards for the Assessment of the Value of the Land Subject of
Expropriation Proceedings or Negotiated Sale. - In order to
facilitate
the determination of just compensation, the court may consider, among
other
well-established factors, the following relevant standards:
(a)
The classification and use for which the property is suited;
(b)
The developmental costs for improving the land;
(c)
The value declared by the owners;
(d)
The current selling price of similar lands in the vicinity;
(e)
The reasonable disturbance compensation for the removal and/or
demolition
of certain improvement on the land and for the value of improvements
thereon;
(f)
This size, shape or location, tax declaration and zonal valuation of
the
land;
(g)
The price of the land as manifested in the ocular findings, oral as
well
as documentary evidence presented; and
(h)
Such facts and events as to enable the affected property owners to have
sufficient funds to acquire similarly-situated lands of approximate
areas
as those required from them by the government, and thereby rehabilitate
themselves as early as possible.
Sec.
6. Guidelines for Negotiated Sale. - Should the implementing
agency
and the owner of the property agree on a negotiated sale for the
acquisition
of right-of-way, site or location for any national government
infrastructure
project, the standards prescribed under Section 5 hereof shall be used
to determine the fair market value of the property, subject to review
and
approval by the head of the agency or department concerned.
Sec.
7. Valuation of Improvements and/or Structures. - The
Department
of Public Works and Highways and other implementing agencies concerned,
in coordination with the local government units concerned in the
acquisition
of right-of-way, site or location for any national government
infrastructure
project, are hereby mandated to adopt within sixty (60) days upon
approval
of this Act, the necessary implementing rules and regulations for the
equitable
valuation of the improvements and/or structures on the land to be
expropriated.
Sec.
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 agency shall consider
environmental
laws, land use ordinances and all pertinent provisions of Republic
Act No. 7160, as amended, otherwise known as the Local Government Code
of 1991.
Sec.
9. Squatter Relocation. - The government through the National
Housing
Authority, in coordination with the local government units and
implementing
agencies concerned, shall establish and develop squatter relocation
sites,
including the provision of adequate utilities and services, in
anticipation
of squatters that have to be removed from the right-of-way or site of
future
infrastructure projects. Whenever applicable, the concerned local
government
units shall provide and administer the relocation sites.
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.
Sec.
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.
Sec.
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 government service and forfeiture of benefits.
Sec.
12. Rules and Regulations. - A committee composed of the
Secretary
of the Department of Public Works and Highways as chairperson, and the
secretaries of the Department of Transportation and Communications, the
Department of Energy, and the Department of Justice, and the presidents
of the leagues of provinces, cities and municipalities as members shall
prepare the necessary rules and regulations for the proper
implementation
of this Act within sixty (60) days from its approval.
Sec.
13. Separability Clause. - If any provision of this Act is
declared
unconstitutional or invalid, other parts or provisions hereof not
affected
shall continue to be in full force and effect.
Sec.
14. Repealing Clause. - All laws, decrees, orders, rules and
regulations
or parts thereof inconsistent with this Act are hereby repealed or
amended
accordingly.
Sec.
15. Effectivity Clause. - This Act shall take effect fifteen
(15)
days following its publication in at least two (2) newspapers of
general
circulation.
Approved:
November 7, 2000.
