SPECIAL CASES

D.O. 43, SERIES OF 2020

“Guidelines for ROW Acquisition and Payment of Ancestral Domains
affected by the Implementation of National Government Infrastructure
Projects”

Applicability of Guidelines:
1. Acquisition of lands and/or improvements within an AD covered by a CADT
or with pending issuance of a CADT but confirmed as AD by NCIP
2. National government infrastructure projects implemented by DPWH
involving road opening and widening

Mode of ROW Acquisition: Considering the nature of lands of ancestral

domains, easement of right-of-way is the most convenient and practicable
mode for ROW acquisition
 SPECIAL CASES

ROW easement agreement

▪ Executed by and between the IO and the NCIP Accredited or Certified
Tribal Council
▪ Tribal council will grant IO right to use affected portion as ROW for a
public purpose but the IPs retains ownership of that portion
▪ Compatible with the nature of ADs as community property of ICCs
and IPs that cannot be sold, disposed or destroyed, and guarantees
their right to return to their ADs in case DPWH will no longer need the
same as part of ROW
 CERTIFICA TIO N SU RVEY
PRECO N D ITIO N
• Parcellary and/or structural survey with
• Coordinate with NCIP the assistance of NCIP
• Shall cover a 30m ROW width for the entire • Prepare plans to determine actual area
stretch of the road regardless of programmed
length and width
to be affected
PA YM EN T O F CO M PEN SA TIO N
• Initial payment: 50% of total compensation of the land
and 70% of replacement cost of improvements
• Balance: 50% upon annotation of the Easement of
ROW Agreement on the title and 30% upon
EXECU TIO N O F EA SEM EN T removal/demolition of improvements
O F RO W AG REEM EN T
• Annotated to the CADT
D ETERM IN A TIO N O F CO M PEN SA TIO N
PRICE
• Total affected area multiplied by the current BIR zonal valuation at
the time of actual construction
• Replacement costs of improvements
• Paid through the NCIP accredited Tribal Council or its authorized
signatory
N O TICE O F TAKIN G
• Council accepts in writing within 30 days; with NCIP
certification that all the affected IPs/ICCs have been informed
of the acceptance and none interposed an objection
• If rejected or no response, IO may seek legal assistance from
OSG for the appropriate legal remedy
 SPECIAL CASES

ROW ACQUISITION OF MORTGAGED PROPERTIES

• Notice of Taking/Offer Letter Shall be Sent to Landowner and

Mortgagee (Bank or Other Financial Institution)
• If whole of mortgaged property will be acquired, pay the amount
needed for the mortgagee to release the whole property
• If only a portion of the mortgaged property will be acquired, negotiate
with the mortgagee or their Authorized Representative for the
adjusted price to be paid for the release of the portion from the
mortgage
 SPECIAL CASES
ROW ACQUISITION BY ROAD CONVERSION
• Initiated when there is a proposal from a concerned LGU to convert a
provincial/city/municipal/barangay road into a national road
• Make sure that the road meets the following requirements:
1. Minimum Road Width of 20 meters
2. The Road is at least Gravel Surfaced
3. The Road is in good maintainable condition
4. There are monuments delineating the ROW
• If the Road does not meet the above requirements, inform the LGU concerned that
conversion can only happen once all requirements have been met

D.O. 133, series of 2018, “Criteria and Guidelines for Road Conversion from Local to
National Roads and Vice Versa”
• Focus on the functionality of the road to be converted in relation to the national road
network
• Follow the road functional classification criteria as stated under the DO
 SPECIAL CASES
GUIDELINES:

1. The local road shall comply with at least one of the DPWH Road Functional Classification
Criteria for a national road for it to be meritorious for conversion; otherwise, the conversion is
not possible;
2. If meritorious for conversion, these technical requirements must be met:
a. Proof of acquisition of the required minimum 20-meter ROW (EO 113, Series of 1955)
and minimum of 15-meter RROW if within highly urbanized areas (EO 621, series of
1980)
b. Certification from the concerned Registry of Deeds and/or DENR to ensure the DPWH
that there will be no expense from its part for any claims for the payment of RROW that
may arise therefrom; and
c. Certification from the District Engineer concerned that the road is within the DPWH's
standards of at least 20-meter RROW, with at least 6-meter carriageway width gravel
surfacing and in maintainable condition.

▪ Requests/proposals for conversion shall be submitted by the RD to the Secretary through the
Undersecretary for Planning and PPP
 SPECIAL CASES
ROW ACQUISITION OF UNTITLED LANDS
• Request apparent property owner to submit proof of ownership
• Notarized Deed of Absolute Sale between IO and property owner
• IO shall pay the unpaid taxes (tax arrears), CGT, DST, transfer tax and registration
fees. However, the amount of tax arrears and CGT paid shall be deducted from the
full amount payable to the property owner
• If apparent owner cannot provide proof of ownership, compensation for
improvements may be considered.

ROW ACQUISITION WHERE THE LANDOWNER IS

• Heirs of the deceased must first consolidate their ownership of the property either
DECEASED
through court proceedings or through an extra-judicial settlement
• Once the heirs consolidated their ownership, proceed with the modes of ROW
acquisition depending on the decision of the heirs or nature of the property involved
 SPECIAL CASES
ROW ACQUISITION WHERE THE LANDOWNER IS A
CORPORATION/PARTNERSHIP
• Certified copy of the notarized Resolution of the Governing Board of the
Corporation/Partnership, authorizing any of its officer to execute the corresponding
Deed of Conveyance, shall be attached to the said Deed
• In case of a partnership, the managing partner should execute the Deed
• Once authorization is completed, proceed with modes of ROW acquisition

ROW ACQUISITION OF PROPERTY UNDER GUARDIANSHIP

OR ADMINSITRATORSHIP
• Letter of Administratorship and/or Guardianship issued by the Court should be
submitted as part of the Deed of Conveyance
• Deed must first be approved by the proper Court before it is perfected
• Once these requirements are met, proceed with modes of ROW acquisition
 SPECIAL CASES
ROW ACQUISITION WHERE VENDOR IS REPRESENTED BY
AN ATTORNEY-IN-FACT
• Special Power of Attorney (SPA) should be made part of the Deed of Conveyance
• Examine SPA for scope of authority of the representative
• Once authority is established, proceed with modes of ROW acquisition

ROW ACQUISITION OF LANDS WITH NO CLAIMANTS

• Notice to the public that the subject land is subject to expropriation proceedings by
publishing an announcement through a national newspaper once a week for three
(3) consecutive weeks
• If there is a claimant, obtain the necessary proof of ownership and proceed to the
modes of ROW acquisition depending on the decision of the rightful claimant
• If no claimant appears after the publication period, expropriate the property in the
name of John Doe
• Court will issue a Writ of Possession
 SPECIAL CASES
ROW ACQUISITION OF SUBSURFACE PROPERTIES
• If project involves underground works (e.g. subways, tunnels, underpasses,
waterways, floodways, or utility facilities) within 50 meters from the surface:
1. Negotiate with the property owner a perpetual easement of ROW for the
subterranean portions of his property required by the project
2. If negotiation fails, offer to acquire the affected portion of the land, including
the improvements, crops and trees, in accordance with the modes of ROW
acquisition

• If the entry and use are made more than 50 meters from the surface, the
government or any of its authorized representatives shall not be prevented from
entry into and use of such private and government lands by surface owners or
occupants
 SPECIAL CASES
ROW ACQUISITION FOR PUBLIC-PRIVATE PARTNERSHIP (PPP)
PROJECTS SOLICITED PROPOSALS UNSOLICITED PROPOSALS
Feasibility Study, Responsibility of the IO, with the assistance of the Responsibility of the project proponent
including the Planning Service; Shall be included in the Bidding
Preliminary RAP Documents for the guidance of the bidders/project
proponents
Conceptual To be submitted by the bidder/project proposal as part To be submitted by the project proponent as part of
Engineering of its Bid, indicating the ROW required for the project the proposal, indicating the description and limits of
Design (CED) (Basic ROW and Additional ROW) the ROW to be used for the project
Detailed To be prepared by the winning proponent/ To be prepared by the proponent once IO accepts
Engineering concessionaire; shall include the Parcellary Survey and proposal; shall include the Parcellary Survey and the
Design (DED) Final RAP Final RAP
ROW Required 1. Basic ROW – IO shall fund, acquire and deliver to IO shall acquire and deliver but Concessionaire shall
the concessionaire fund all ROW costs
2. Additional ROW – IO shall acquire and deliver but
the Concessionaire shall fund the cost
Terms and 1. Advance the funds covering the ROW cost to be Finance the ROW Cost to be recovered by the
conditions the IO reimbursed later by the IO; or proponent from the tolls, fees or tariffs to be charged
may require the 2. Finance the ROW Cost to be recovered by the to the users of the completed project
PPP Project proponent from the tolls, fees or tariffs to be
proponent charged to the users of the completed project
 SPECIAL CASES
ROW ACQUISITION FOR DESIGN-AND-BUILD PROJECTS

• IO shall be responsible for undertaking the FS, including the

Preliminary RAP, which shall be included in the Bidding Documents for
the guidance of the bidders
• The CED to be submitted by the bidder shall indicate the ROW
required for the project (Basic and Additional ROW)
• The winning bidder shall prepare the DED of the Project, which shall
include the Parcellary Survey and the Final RAP
• IO shall fund, acquire and deliver to the winning proponent the Basic
ROW
• IO shall acquire and deliver the Additional ROW required but the
proponent shall fund its cost
 STA G E 3: PA YM EN T
VALIDATION OF ROW CLAIMS
▪ IO shall validate all ROW claims as follows:
1. All documents have been found to be complete and authentic to ensure that the claims are
legitimate and validated
- Documents as listed under the DRAM
- See checklists under D.O. No. 70, series of 2017, “Implementation of the Document
Tracking System (DoTS) for Civil Works Projects”, as amended by D.O. 142, series
of 2017

2. Amounts of the claims are found to be reasonable by the IO which shall ensure that the
claims are properly valued based on the following, whichever is applicable:
a. Certification of zonal valuation for land and replacement costs for improvements from
the Bureau of Internal Revenue and the IO, respectively
b. Certification of fair market value from the GFI/IPA
c. Court Order for expropriation proceedings

3. Head of the IO is responsible for ensuring that all ROW claims have been properly validated,
authenticated and valued in accordance with the guidelines
 PROCESSING OF PAYMENTS OF ROW
CLAIMS AND RELATED EXPENSES
PURPOSES OF ROW PAYMENTS

Mode of Purpose of ROW Payments

Acquisition
Negotiated Compensation to the Owner; CGT for the account of the Owner; DST Transfer Tax and
Sale Registration Fees
Expropriation Required deposit to the Court; Payment to the Owner for the difference between the
compensation decided by the Court and the deposit; DST, Transfer Tax and Registration
Fees
Donation DST, Transfer Tax and Registration Fees

Quit Claims Payment to the owner for the structures/improvements and crops/trees; DST, Transfer Tax
and Registration Fees
Easements Compensation for the affected portion of the land, structures/improvements and crops/trees
FUNDING OF ROW CLAIMS

ROW funds are appropriated and released through either of the following modes:

1. ROW Appropriations provided in the National Expenditures Programs (NEP) / General

Appropriations Act (GAA)
• Preferred mode, especially for major multi-year projects
• Separate from, and at least 1 year ahead of, the appropriations for and the scheduled
procurement and implementation of the actual construction works

2. ROW budget included as part of the total appropriation for the project for the budget year
• For small single-year projects
• Part of the specific line item appropriation for the project in the NEP/GAA

Released ROW appropriations may be used for the following purposes:

1. Cost of parcellary surveys, RAP
2. Compensation for PAPs
3. Cost of development and implementation of resettlement projects
4. Related IO expenses, e.g., taxes and fees, cost of ECC/CNC application, demolition cost,
notarial fees, etc.
RESPONSIBILITIES FOR TAXES AND FEES

Tax / Fee Donation Negotiated Sale Expropriation

CGT to BIR N/A Owner, but IA pays Owner

for the account of the
Owner
DST to BIR IO IO IO

Transfer Tax to IO IO IO
Provincial/City
Treasurer
Registration Fee to IO IO IO
Register of Deeds
RPT to LGU Owner Owner Owner

Notarial Fee to IO IO IO
Notary Public
 STA G E 4: CLEA RA N CE O F RO W
CLEARING OF PRIVATE STRUCTURES
AND CROPS/TREES WITHIN THE ROW
• Donation: upon perfection of the Deed of Donation
• Negotiated Sale, Barter, Quitclaim or Easement Agreement: upon execution of
ADRI
- Owner may choose whether to voluntarily remove or have the IO demolish the
improvements
- If the owner opts to demolish or remove on his own, it must be done within the
time specified in the ADRI. Upon completion, IO must issue a certification that
the structures/improvements and crops/trees have been cleared. Failure to
demolish or remove within the timeframe, IO must inform the owner in writing
that the IO shall undertake the demolition and complete clearing of the land on
the scheduled date
• Expropriation: upon issuance of Writ of Possession