Philippines approves law to expedite land acquisition
President Aquino has signed a law covering procedures for the acquisition of right-of-way (ROW) for infrastructure projects of the government of Philippines.
The law would primarily boost roll out and development of projects under the government’s public-private-partnership (PPP) program.
Under Republic Act 10752 signed on March 7, owners of private property taken for public use would be given just compensation. The law stated:
“The State shall ensure that owners or real property acquired for national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required ROW for the projects.”
The law provides the following modes of acquiring real property for any national government infrastructure project: donation, negotiated sale, expropriation or any other modes allowed legally.
For property acquired via negotiated sale, the implementing government agency of the project must pay the owner fair compensation equivalent to the current market value of the land, costs of replacement of structure and improvements therein, as well as the value of crops and trees to be removed.
To determine the appropriate price offer, the implementing government agency may engage the services of a government financial institution or an independent property appraiser accredited by the Bangko Sentral ng Pilipinas.
The property owner is given 30 days to accept or refuse the government’s offer for payment. If the land owner accepts the offer, the implementing agency will need to pay 50 percent of the negotiated price upon execution of a deed of sale.
Should the property owner decline the price offer, the implementing agency could initiate expropriation proceedings and take the matter to the proper court.
See Republic Act. No. 10752:
