Infrastructure Projects (R.A. No. 8974) Infrastructure Projects (R.A. No.

8974)

, Section
regardless of the source
4. Guidelines of funding. Proceedings. -
for Expropriation Section 2. The term "national
Whenever it is necessary to acquire real property for the government projects" shall refer to all
right-of-way or location for any national government national government infrastructure,
infrastructure project through expropriation, the engineering works and service contracts,
appropriate implementing agency shall initiate the including projects undertaken by
expropriation proceedings before the proper court under government-owned and controlled
the following guidelines: corporations, all projects covered by
Republic Act No. 6957, as amended by
(a) Upon the filing of the complaint, and after due Republic Act No. 7718, otherwise known as
notice to the defendant, the implementing agency the Build-Operate-and-Transfer Law, and
shall immediately pay the owner of the property the other related and necessary activities, such
amount equivalent to the sum of (1) one hundred as site acquisition, supply and/or
percent (100%) of the value of the property based installation of equipment and materials,
on the current relevant zonal valuation of the
implementation, construction, completion,
Bureau of Internal Revenue (BIR); and (2) the
operation, maintenance, improvement,
value of the improvements and/or structures as
determined under Section 7 hereof;
repair, and rehabilitation.

(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 abovementioned,

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.
 Extrajudicial Foreclosure of a Real Estate Mortgage
Act No. 3135, as amended by 4118

Sec. 7. In any sale made under the provisions of this Act, the purchaser may petition the Court of First
Instance of the province or place where the property or any part thereof is situated, to give him possession
thereof during the redemption period, furnishing bond in an amount equivalent to the use of the property for a
period of twelve months, to indemnify the debtor in case it be shown that the sale was made without violating
the mortgage or without complying with the requirements of this Act. Such petition shall be made under oath
and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered,
or in special proceedings in the case of property registered under the Mortgage Law or under section one
hundred and ninety-four of the Administrative Code, or of any other real property encumbered with a
mortgage duly registered in the office of any register of deeds in accordance with any existing law, and in each
case the clerk of the court shall, upon the filing of such petition, collect the fees specified in paragraph eleven
of section one hundred and fourteen of Act Numbered Four hundred and ninety-six, as amended by Act
Numbered Twenty-eight hundred and sixty-six, and the court shall, upon approval of the bond, order that a
writ of possession issue, addressed to the sheriff of the province in which the property is situated, who shall
execute said order immediately.

The General Banking Law (R.A. No. 8791)

Section 47. Foreclosure of Real Estate Mortgage. - In the event of foreclosure, whether judicially or extra-
judicially, of any mortgage on real estate which is security for any loan or other credit accommodation
granted, the mortgagor or debtor whose real property has been sold for the full or partial payment of his
obligation shall have the right within one year after the sale of the real estate, to redeem the property by
paying the amount due under the mortgage deed, with interest thereon at rate specified in the mortgage, and all
the costs and expenses incurred by the bank or institution from the sale and custody of said property less the
income derived therefrom. However, the purchaser at the auction sale concerned whether in a judicial or extra-
judicial foreclosure shall have the right to enter upon and take possession of such property immediately after
the date of the confirmation of the auction sale and administer the same in accordance with law. Any petition
in court to enjoin or restrain the conduct of foreclosure proceedings instituted pursuant to this provision shall
be given due course only upon the filing by the petitioner of a bond in an amount fixed by the court
conditioned that he will pay all the damages which the bank may suffer by the enjoining or the restraint of the
foreclosure proceeding. Notwithstanding Act 3135, juridical persons whose property is being sold pursuant to
an extrajudicial foreclosure, shall have the right to redeem the property in accordance with this provision until,
but not after, the registration of the certificate of foreclosure sale with the applicable Register of Deeds which
in no case shall be more than three (3) months after foreclosure, whichever is earlier. Owners of property that
has been sold in a foreclosure sale prior to the effectivity of this Act shall retain their redemption rights until
their expiration.