“A Follow-Through Activity Of The Provincial Government Reform

Roadmap (PGRR): Training On Negotiation Skills For Road Right Of

Way Acquisition, Principles And Concepts On Eminent Domain And
Lot Expropriations”
DOCUMENTATION
By: Erika Nicole C. Corona

JJ’s Seafood Village

K of C Drive, Tagbilaran City, Bohol
November 8 & 9, 2022
 “A FOLLOW-THROUGH ACTIVITY OF THE PROVINCIAL GOVERNMENT REFORM
ROADMAP (PGRR): TRAINING ON NEGOTIATION SKILLS FOR ROAD RIGHT OF WAY
ACQUISITION, PRINCIPLES AND CONCEPTS ON EMINENT DOMAIN AND LOT
EXPROPRIATIONS”
Alpinia Hall, JJ’s Seafood Village, K of C Drive, Tagbilaran City, Bohol
November 8 & 9, 2022

DAY 1
November 8, 2022
Activity Flow

TIME ACTIVITY RESPONSIBLE PERSON

8:00 AM– 9:00 AM Arrival and Registration of Participants  DILG Secretariat

9:00 AM – 9:30 AM Preliminaries

 Invocation
 Singing of Hymns
 Recognition of Participants  Jerome G. Gonzales
 Welcome Address DILG Prov. Director
 Introduction of the Resource Person  Janette Corona

9:30 – 11:00 AM Laws and Principles Governing RROW  Resource Person

Negotiation/Acquisition

11:00 – 12:00 Steps / Processes in RROW Negotiation /  Resource Person

Acquisition

12:00 NN – 1:00 PM LUNCH BREAK

1:00 PM – 1:30 PM ENERGIZER  Secretariat

1:30 PM – 3:00 PM Nature, Principles and Elements of Eminent  Resource Person

Domain
3:00 pm – 3:15 pm BREAK

3:15 PM – 4:15 PM Expropriation Proceedings and It’s Salient  Resource Person

Features

4:15 PM -4:30 PM OPEN FORUM

4:30 PM – 5:00 PM Wrap up

END OF DAY 1
 The first day started at 9 o’clock in the morning with an invocation, followed by the singing of Hymns.
The facilitator, Ms. Geralyn Janette Corona, then, did the recognition of the participants who attended the
activity. They are as follows:

 Susan N. Batoy  Juvie B. Castro

 Julius P. Elorde  Maximino Aton
 Alfredo P. Cabulao  Angel Pearl B. Cuarto
 Anson B. Milo  Sarah Mae Cajes
 Richard A. Bompat Jr.  Antoinette Marilla
 Rogelio E. Bayron  Atty. Reynald Benjamin H. Chiu
 Benjamen L. Ayuban  Atty. Meralie D. Mucoy
 Evelyn C. Ayuban  Atty. Godfrey Tubo
 Ferdinand B. Ligan  Helen M. Quijada
 Redmund B. Jumamoy  Ruel D. Go
 Maria Estela S. Asuncion  Geralyn Janette C. Corona
 Jaylord A. Estoreon  Erika Nicole C. Corona
 Eustaquio A. Socorin

Mr. Mardonio T. Roxas, an LGOO VII and the PDMU Head of the Department of the Interior
and Local Government – Bohol Province, welcomed the participants. After his welcoming address, the
facilitator introduced the first Resource Person who was tasked to discuss the Laws and Principles
Governing RROW Negotiation/Acquisition.

Topic: Laws and Principles Governing RROW Negotiation/Acquisition

Resource Person: Atty. Meralie D. Mucoy
Time Started: 9:30 a.m.
Time Ended: 10:00 a.m.

Atty. Mucoy began her discussion by defining Road Right of Way. According to her, it is essentially one
of the legal easements. “Under Article 634 of the Civil Code”, she added, “Easements imposed by law have for
their object either public use or the interest of private persons.”
To give an understanding on easement, the speaker defined it as an encumbrance imposed upon an
immovable for the benefit of another immovable belonging to a different owner. According to Atty. Mucoy, the
immovable in favor of which the easement is established is called the dominant estate; that which is subject
thereto, the servient estate.
“Easement of right of way is governed by Articles 649-657 of the Civil Code.” She further explained,
“Under Article 649, the owner, or any person who, by virtue of a real right may cultivate or use any immovable,
which is surrounded by other immovable pertaining to other persons and without adequate outlet to a public
highway, is entitled to demand a right of way through the neighboring estates, after payment of the property
indemnity.”
 Requisites for the Easement of Right of Way:

 It must be reasonable and necessary.

 Adequate outlet to a public highway.
 The point least prejudicial to the servient estate.
 Payment of proper indemnity.

“What if it involves a government project, can the state take your property?” the speaker asked. “With
Section 9, Article III of the 1987 Philippine Constitution as the basis, the answer to that question is YES!”
According to the Article, “Private property shall not be taken for public use without just compensation.”
“Simply put, the government can take your property for public purpose upon payment of just
compensation by virtue of the power of Eminent Domain.” Atty. Mucoy further explained.
RA 10752, otherwise known as the Right of Way Act of 2015, is an act facilitating the acquisition of
RIGHT-OF-WAY site or location for national government infrastructure projects. The modes of acquiring real
property are:

 Donation
 Negotiated Sale
 Expropriation
 Any other modes of acquisition as provided by law
o Acquisition of properties under CA 141
 SECTION 112. Said land shall further be subject to a right-of-way not exceeding
sixty (60) meters in width for public highways, railroads, irrigation ditches,
aqueducts, telegraph and telephone lines and similar works as the Government or any
public or quasi-public service or enterprise, including mining or forest
concessionaires, may reasonably require for carrying on their business, with damages
for the improvements only.
o Exchange or barter
o Easement of right of way
o Acquisition of sub-surface right of way
o Other authorized modes

Coverage under RA 10752, Section 3

 National Government Projects

o Include all projects covered by Republic Act No. 6957, as amended by Republic Act No. 7718,
otherwise known as the “Build-Operate-and-Transfer Law”,
o and other related and necessary activities,, regardless of the source of funding
 Local government units (LGUs) may also adopt the provisions of this Act for use in the acquisition of
right-of-way for local government infrastructure projects. (Subject to limitations of RA 7160)

Topic: Steps / Processes in RROW Negotiation / Acquisition

Resource Person: Atty. Reynald Benjamin H. Chiu
Time Started: 10:00 a.m.
Time Ended: 11:30 a.m.
 Atty. Chiu commenced his discussion with the governing laws and principles of the Road Right of Way
negotiation or acquisition.
According to him, the governing laws include:

 Section 9, Article III of the Constitution:

 R.A. 10752, otherwise known as An Act Facilitating the Acquisition of Right of Way, Site or
Location for National Government Infrastructure Projects or "The Right of Way Act.")
 Section 19, RA 7160, the Local Government Code of 1991:
 Other related laws and jurisprudence

“The governing principle is always the fundamental policy declared in Section 9, Article III of the
Constitution which states that private property shall not be taken for public use without just compensation”, he
stated.
“That the State shall ensure that all persons whose real property is affected by national or local
government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the
required right-of-way (ROW)”, he further discussed.
The coverage of ROW acquisition includes all national or local government infrastructure projects and
their public service facilities, engineering works and service contracts, and all necessary activities or projects
that are intended for public use or purpose, 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.
According to Atty. Chiu, the regular modes of acquisition are Donation, Negotiated Sale, and
Expropriation. There are also other modes of ROW acquisition. These are as follows:

 Acquisition Of Properties Under Commonwealth Act (Ca) No. 141, Otherwise Known As The
Public Land Act
 Exchange Or Barter
 Easement Of Right Of Way
 Acquisition Of Subsurface Right Of Way
 Other Modes Authorized By Law

DONATION
“The IA may explore the mode of donation of the needed portion or whole of the affected property, that
is, lots with or without improvements, by the property owner concerned, which may be a private individual or
corporation or a government agency or corporation”, Atty. Chiu said.
According to the Speaker, if the property owner agrees to donate the property to be acquired by the IA
as ROW, a deed of donation shall immediately be prepared.
Below are the Requisites:
 1. The deed of donation shall be simple and unconditional, and contain clauses to the effect that the
donation is made not to defraud the donor's creditors, and
2. That the donor has, if necessary, reserved for himself enough property for his family's
subsistence, sustenance and support in case the donor is a private individual.
3. The donation must be accepted by the IA, which shall be indicated in the deed.
4. The lA shall pay the documentary stamp tax, transfer tax and registration fees, while the donor
shall pay any unpaid real property tax.
“However, if the property owner does not agree to donate the property for ROW, explore other modes.
Otherwise, resort to Expropriation”, he added.

NEGOTIATED SALE
“The required ROW project may be acquired through Negotiated Sale by offering to the property owner
as compensation price the sum of the current market value of the land, replacement cost of structures and
improvements therein, and the current market value of crops and trees therein”, Atty. Chiu discussed.
“Before we go further, what are replacement costs?” the Speaker asked. According to him, it refers to
the cost necessary to replace the affected structure or improvement with a similar asset based on current market
prices.
“The Replacement Cost of a structure or improvement affected by the ROW shall be based on the
current market prices of materials, equipment, labor, contractors profit and overhead, and all other attendant
costs associated with the acquisition and installation of a similar asset in place of the affected asset”, he added.
Use of Government Financial Institutions and Independent Property Appraisers

 A government financial institution (GFI) with adequate experience in property appraisal to be selected
by the IA through a competitive process; or
 An independent property appraiser (IPA)

“If the IA decides to engage the services of a GFI or IPA, the IA shall enter into a Memorandum of
Agreement (MOA). The IA may engage the services of a GFI or an IPA to determine the appropriate price
offer and to determine such Replacement Cost”, he further explained.
Acceptance or Rejection of Price Offer
1. Send written offer to landowner.

2. The property owner is given thirty (30) days from receipt of the written offer by the IA to decide
whether or not to accept the offer as payment for his property.
3. Upon refusal or failure of the property owner to accept such offer or if he fails and/or refuses to
submit the documents necessary for payments, the IA shall immediately initiate the expropriation
proceedings.
Replacement cost of structures and improvements shall also apply to all owners of structures and
improvements who do not have legally recognized rights to the land, and who meet all of the following criteria:
 Must be a Filipino citizen;
 Must not own any real property or any other housing facility, whether in an urban or rural area;
 Must not be a professional squatter or a member of a squatting syndicate, as defined in RA No. 7279,
otherwise known as the "Urban Development and Housing Act of 1992;"
 Must not occupy an existing government ROW.

“Informal settler families classified as underprivileged and homeless citizens as defined in RA

No. 7279 and not qualified under the four criteria above shall be entitled to relocation pursuant to RA
No. 7279 in accordance with Section 14 of this IRR”, Atty. Chiu added.
According to the Speaker, to complement the four criteria mentioned, the owner and occupant of
the structure or improvement must show a proof of ownership of the structure/improvement. For
example, a certification from the Barangay concerned.
The property owner and the IA shall execute a Deed of Absolute Sale after the property owner
has submitted to the IA the Transfer Certificate of Title, Tax Declaration, Real Property Tax Certificate
or Clearance (as issued by the Treasurer of the concerned LGU) and other documents necessary to
transfer the title to the Republic of the Philippines or the LGU.
“The IA shall cause the annotation of the Deed of Absolute Sale on the Transfer Certificate of
Title”, he added.
In case of sale of land with structures and other improvements:

 The Deed of Sale shall provide a stipulation allowing the IA or its authorized representatives to
demolish and remove them.
 The Deed of Sale shall also include a stipulation on the right of the IA to immediately enter the
property and implement the project.
In case the sale pertains to structures and improvements only:

 The property owner and the IA shall execute an Agreement to Demolish and Remove
Improvement (ADRI), provided that the former has submitted to the latter the necessary
documents to establish proof of ownership of said structures and improvements;
 The IA shall remit to the LGU concerned the amount corresponding to any unpaid tax on such
structures and improvements, subject to the deduction of this amount from the total negotiated
price, provided that it is not more than the negotiated price.
“Upon the execution of a Deed of Sale, the IA shall pay the property owner Fifty percent (50%)
of the negotiated price of the affected land, exclusive of the payment of unpaid taxes remitted to the
LGU and Seventy percent (70%) of the negotiated price of the affected structures, improvements, crops
and trees, exclusive of unpaid taxes remitted to the LGU concerned”, the Speaker discussed.
“When is the balance paid?” he asked.
According to him, the IA shall pay the property owner the remaining fifty percent (50%) of the
negotiated price of the affected land, and thirty percent (30%) of the affected structures, improvements,
crops and trees, exclusive of unpaid taxes remitted to the LGU concerned, provided that the land is
already completely cleared of structures, improvements, crops and trees, as certified by the IA at the
time of the transfer of title in the name of the Republic of the Philippines, in cases where the land is
 wholly affected; and at the time of the annotation of a deed of sale on the title, in cases where the land is
partially affected.
Where the property owner owns only the structures/improvements:

 The IA shall, at the periods stated below, pay the property owner the remaining thirty percent
(30%) of the affected structures, improvements, crops and trees, exclusive of unpaid taxes
remitted to the LGU concerned immediately after the IA has certified that the land is already
completely cleared of structures, improvements, crops and trees.
 At the time of the transfer of title in the name of the Republic of the Philippines, in cases where
the land is wholly affected; and
 At the time of the annotation of a deed of sale on the title, in cases where the land is partially
affected.
SPECIAL CASES
In case of untitled lands being acquired through negotiated sale, the IA shall compensate the
owner provided that the land owner shall present:

 Tax Declaration showing his and his predecessors' open and continuous possession of the
property for at least thirty (30) years;
 Certification from the Department of Environment and Natural Resources (DENR) that the land
is alienable and disposable; and
 Other documents that may show proof of ownership.

“In case of failure to establish ownership over the land, but where improvements are introduced
thereon, the apparent property owner may be entitled to compensation for the said improvements
subject.” he added.

EXPROPRIATION
“Whenever it is necessary to acquire real property for the ROW, site or location for any national
or local government infrastructure through expropriation, the IA sends written offer to landowner”, said
Atty. Chiu.
According to him, the property owner is given thirty (30) days from receipt of the written offer
by the IA to decide whether or not to accept the offer as payment for his property. Upon refusal or
failure of the property owner to accept such offer or if he fails and/or refuses to submit the documents
necessary for payments, the IA shall immediately initiate the expropriation proceedings.
The appropriate IA, through the Office of the Solicitor General (for national agencies), the Office
of the Government Corporate Counsel (for government-owned and -controlled corporations), or their
deputized government or private legal counsel, shall initiate the expropriation proceedings:

 By filing a verified complaint before the proper court under the following guidelines:
 Upon the filing of the Complaint or at any time thereafter, and after due notice to the defendant, the
IA shall immediately deposit to the court in favor of the owner, the amount equivalent to the sum of:
 o One hundred percent (100%) of the value of the land based on the current relevant zonal
valuation of the BIR, issued not more than three (3) years prior to the filing of the
expropriation complaint;
o The replacement cost at current market value of the improvements and/or structures as
determined by:
a. The IA;
b. A GFI with adequate experience in property appraisal;
c. An IPA accredited by the BSP.
o The current market value of crops and trees located within the property as determined by the
government financial institution or an independent property appraiser.
“Upon compliance with these guidelines, the court shall immediately issue an order to take
possession of the property to the IA which shall start the implementation of the project”, Atty. Chiu
mentioned.
He added, “If within seven (7) working days after the deposit to the court of the payment/amount
mentioned above, and the court has not issued to the IA a writ of possession for the affected property,
the counsel of the IA shall immediately seek from the court the issuance of the writ of possession.”
According to him, the court shall immediately issue the writ of possession ex parte. No hearing shall be
required.”
The court shall release the said amount to the owner upon presentation of sufficient proofs of
ownership.
“In case the owner of the property cannot be found, is unknown, or is deceased in cases where
the estate has not been settled, after exerting due diligence, or there are conflicting claims over the
ownership of the property and improvements and/or structures thereon, the IA shall deposit the amount
equivalent to the sum to the court, for the benefit of the person to be adjudged in the same proceeding as
entitled thereto.” Atty. Chiu explained.
Upon compliance with the above guidelines, according to the speaker, the court shall
immediately issue to the IA an order to take possession of the property.
“The IA may take possession of the property and start the implementation of the project upon its
receipt of the writ of possession issued by the court”, he added.
In the event that the owner of the property contests the IA'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 IA shall pay the
owner the difference between the amount already paid and the just compensation as determined by the
court.
“With regard to the taxes and fees relative to the transfer of title of the property to the Republic
of the Philippines through expropriation proceedings, the IA shall pay the Documentary Stamp Tax,
transfer taxes under RA No. 7160 and registration fees, while the owner shall pay the Capital Gains Tax,
any unpaid real property tax, and all other applicable taxes under the law.”
According to him, the owner shall pay the CGT to the BIR within thirty (30) days after the
judgment in the expropriation case had become final and executory. The IA shall also pay the DST
 within five (5) days after the close of the month when the judgment in the expropriation case had
become final and executory.

OTHER MODES OF ROW ACQUISITION

1. ACQUISITION OF PROPERTIES UNDER COMMONWEALTH ACT (CA) No. 141, otherwise
known as the Public Land Act
Under the provisions of CA No. 141, particularly Section 112, a ROW strip not exceeding 20
meters in width within the land acquired under that law is reserved by the government for public
use with damages to improvements only.
CA No. 141 was amended by Presidential Decree (PD) No. 635, dated 07 January 1975, which
increased the ROW strip reserved for public use to a width not exceeding 60 meters.
“If the government decides to exercise its right to use the ROW strip reserved for public use
within the land acquired under CA No. 141, the owner is required to execute a quit claim”, said
Atty. Chiu.
According to him, the IA shall then take possession of the property affected by the ROW without
any compensation to the owner for the land, but shall pay the owner the cost of the damages for
the improvements within that land equivalent to their replacement cost.
He added, “If the owner refuses or is unable to issue a quit claim, the concerned government
officials responsible for the implementation of projects are authorized to immediately take
possession of the portion of property subject of the lien, as the need arises and upon due notice to
the owner. This is without prejudice to the IA resorting to appropriate proceedings to acquire
immediate possession of the property.”
2. EXCHANGE OR BARTER
“Instead of being paid the money value of his property, the owner of a property needed for a
ROW of a national government project may request the government to exchange or barter an old
abandoned government road or other government property near the project with his said
property.”
3. EASEMENT OF RIGHT OF WAY
“If the portion of a lot needed for a ROW is minimal, such that the expenses for surveying or
segregating that portion from the main lot would be very much more than the value of the part of
the lot needed, the IA may, if the property owner agrees, resort to the mode of Easement of
ROW provided under the Civil Code.”
Under this mode, a ROW easement agreement shall be executed by the property owner and the
IA whereby the former will grant the latter the right to use the affected portion of the lot as
ROW, but the owner retains ownership of that portion of the lot.
The IA shall pay the owner the value of that portion of the lot based on the existing zonal
valuation declared by the BIR. In addition, the IA shall compensate the property owner the
replacement cost of any improvements and structures on the land affected by the ROW. Entry by
 the IA to the acquired property may be effected upon full payment of the value of the property.
The IA may engage the services of an IPA to determine the amount of the easement to be paid.
The mode of ROW acquisition through easement agreement may also be used in government
agency-to-agency transactions, including those involving government-owned and controlled
corporations.
The IA shall cause the registration of all ROW easement agreements with the Register of Deeds
concerned within ten (I0) days from the date of their execution. The Register of Deeds shall
annotate on the respective titles the agreements within seven (7) days from receipt thereof.
4. ACQUISITION OF SUBSURFACE RIGHT OF WAY
When it is necessary to build, construct, or install on the subsurface or subterranean portion of
private and government owned lands owned, occupied or leased by other persons, such
infrastructure as subways, tunnels, underpasses, waterways, floodways, or utility facilities as part
of the government's infrastructure and development project, 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, if such entry and use are made more than fifty
(50) meters from the surface.
“This is in consonance with the principle in property law which states ‘Cuius est solum, eius est
usque ad coelum et ad inferos’ or in Latin whoever is the soil, it is theirs all the way to Heaven
and all the way to Hell—that the property holders have the rights not only on the plot of land but
also the air above and the ground below”, Atty. Chiu explained.
The IA shall duly consult with and notify the affected property owners of any acquisition of
subsurface right of way needed for the infrastructure projects.
If the national government project involves underground works within a depth of fifty (50)
meters from the surface, the IA may undertake the mode of acquisition in the following order:
o Negotiate with the property owner a perpetual easement of ROW for the subterranean
portions of his property required by the project; and
o Offer to acquire from the property owner the affected portion of the land, including
the affected structures, improvements, crops and trees therein in accordance with the
provisions of the Act.
In cases involving the acquisition of ROW, site or location for any national government
infrastructure project, the IA shall take into account the ecological and environmental impact of the
project.
Essential requisites before and LGU can exercise the power of eminent domain:
o An ordinance is enacted by the local legislative council authorizing the LCE, in behalf of the
LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a
particular private property;
o The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit
of the poor and the landless.
 o There is payment of just compensation, as required under Section 9, Article III of the
Constitution and pertinent laws.
o A valid and definite offer has been previously made to the owner of the property sought to be
expropriated, but said offer was not accepted.
“Can the validity of a Resolution which is passed authorizing the LCE to expropriate a land be
assailed even before its implementation?” he asked.
Atty. Chiu answered, “The answer is no. First, a Certiorari or Prohibition cannot lie to assail a
legislative act as it only questions judicial or quasi-judicial functions of any tribunal, board or body.”
“Second, the Resolution merely expresses a sentiment of the legislature for the purpose of
initiating expropriation proceedings but this is insufficient for purposes of embarking on expropriation
proceedings as what is defined by law is an Ordinance”, he continued.
According to him, LGUs have no inherent power of eminent domain. LGs can exercise such
power only when expressly authorized by the Legislature. By virtue of the LGC of 1991, Congress
conferred upon the LGUs the power to expropriate. Further the exercise by the LGUs of the power of
eminent domain is not absolute as it is subject to statutory requirements.
“Ordering a particular type of business to wind-up, transfer, relocate or convert to an allowable
type of business in effect permanently restricts the use of property and thus goes beyond regulation and
must be recognized as taking of the property without just compensation. It is intrusive and violative of
the private property rights of individuals”, he emphasized.

AFTERNOON SESSION
The afternoon session started at 1:00 p.m. with an
energizer.
After the energizer, the facilitator welcomed the next
speaker, Atty. Godfrey T. Tubo, the head of the Public
Attorney’s Office – Bohol Province.

Topic: Nature, Principles and Elements of Eminent Domain;

Expropriation Proceedings and It’s Salient Features
Resource Person: Atty. Godfrey T. Tubo
Time Started: 1:30 p.m.
Time Ended: 4:00 p.m.

Atty. Tubo started his discussion with an overview on Eminent Domain. According to Section 9, Article
III of the Philippine Constitution, Private property shall not be taken for public use without just compensation.
“The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and private
enterprises to be operated by the government.” (Sec. 18, Article XII)
 The speaker defined Eminent Domain as an inherent power of the State that enables it to forcibly
acquire private lands intended for public use upon payment of just compensation to the owner.
Private rights must then yield to the irresistible demands
of the public interest on the time-honored justification, as in the
case of the police power, that the welfare of the people is the
supreme law. (Assn. of Small Landowners, et al. vs. Sec. of
Agrarian Reform, G.R. No. 78742 July 14, 1989)
“The power of eminent domain is inseparable from
sovereignty, being essential to the existence of the State and
inherent in government even in its most primitive forms” said
Atty. Tubo.

“No law, therefore, is ever necessary to confer this right

upon sovereignty or upon any Government exercising sovereign
or quasi-sovereign powers”, he added.
SCOPE OF EMINENT DOMAIN
“Eminent domain reaches to every form of property the State needs for public use and, as an old
case so puts it, all separate interests of individuals in property are held under a tacit agreement or
implied reservation vesting upon the sovereign the right to resume the possession of the property
whenever the public interest so requires it”, discussed Atty. Tubo.
He further explained, “In the hands of Congress, the scope of the power of eminent domain is
plenary. It can thus reach every form of property which the State might need for public use. It can reach
even private property already dedicated to public use or even property devoted to religious worship.”
EMINENT DOMAIN & THE RIGHT TO PROPERTY
According to Atty. Tubo, the exercise of the power of eminent domain necessarily involves a
derogation of a fundamental right. It greatly affects a landowner's right to private property which is a
constitutionally protected right necessary for the preservation and enhancement of personal dignity and
is intimately connected with the rights to life and liberty. Thus, whether such power is exercised directly
by the State or by its authorized agents, the exercise of such power must undergo painstaking scrutiny.
EXERCISE OF EMINENT DOMAIN

 Executive Order No. 292, Book IIII, Title I, Chapter 4

SECTION 12. Power of Eminent Domain.—The President shall determine when it is necessary or
advantageous to exercise the power of eminent domain in behalf of the National Government, and
direct the Solicitor General, whenever he deems the action advisable, to institute expropriation
proceedings in the proper court.

 R.A. 7160

SEC. 19. Eminent Domain. - A local government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or
 welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent laws.
“The right of expropriation is not an inherent power in a municipal corporation, and before it can
exercise the right some law must exist conferring the power upon it”, Atty. Tubo said as he explained
the inferior domain in Local Government Units (LGUs).
“When the courts come to determine the question, they must only find that a law or authority
exists for the exercise of the right of eminent domain, but also that the right or authority is being
exercised in accordance with the law”, he added.
The speaker then explained that the expropriator is burdened to prove the mandatory requirement
of a valid and definite offer to the owner of the property before filing its complaint and the rejection
thereof by the latter. “It is incumbent upon the condemnor to exhaust all reasonable efforts to obtain the
land it desires by agreement”, he further explained.
“Failure to prove compliance with the mandatory requirement will result in the dismissal of the
complaint”, he emphasized.
PUBLIC USE
According to the speaker, as long as the purpose of the taking is public, then the power of
eminent domain comes into play.
“It is accurate to state then that at present
whatever may be beneficially employed for the
general welfare satisfies the requirement of public
use.” He added.
PUBLIC NECESSITY
“The right to take private property for public
purposes necessarily originates from 'the necessity
and the taking must be limited to such necessity”,
said Atty. Tubo.
“The very foundation of the right to exercise
eminent domain is a genuine necessity and that necessity must be of a public character. Moreover, the
ascertainment of the necessity must precede or accompany and not follow, the taking of the land.”
TAKING
According to Atty. Tubo, entering upon private property for more than a momentary period, and
under the warrant or color of legal authority, devoting it to public use, or otherwise informally
appropriating or injuriously affecting it in such a way as substantially to oust the owner and deprive him
of all beneficial enjoyment thereof.
JUST COMPENSATION
“Most cases on expropriation is because of just compensation so, it is vital that a just compensation is
given for every property taken”, he shared.
 “How do we determine the value?” the Attorney asked. According to him, it is based on the Fair Market
Value, which is the price fixed by the buyer and seller in the open market in the usual and ordinary course of
legal trade and competition, at the time of taking.
1997 RULES OF CIVIL PROCEDURE
Rule 67 says expropriation is an action incapable of pecuniary estimation, hence, jurisdiction is with the
Regional Trial Court.
“The venue is where the property is situated”, said Atty. Tubo.
COMPLAINT
“To file a complaint, you have to include the right and purpose of expropriation, the description of the
property and that all persons owning, having claims or occupying the said property must be named as
defendants”, the speaker said.
ENTRY OF PLAINTIFF UPON DEPOSIT OF ASSESSED VALUE
Atty. Tubo emphasized, “Upon the filing of the complaint or at any time thereafter and after due
notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real
property involved if he deposits with the authorized government depositary an amount equivalent to the
assessed value of the property for purposes of taxation to be held by such bank subject to the orders of
the court.”
DEFENSES & OBJECTIONS
According to the speaker, if a defendant has any objection to the filing of or the allegations in the
complaint, or any objection or defense to the taking of his property, he shall serve his answer within the
time stated in the summons.”
He said, “The answer shall specifically designate or identify the property in which he claims to
have an interest, state the nature and extent of the interest claimed, and adduce all his objections and
defenses to the taking of his property. No counterclaim, cross-claim or third-party complaint shall be
alleged or allowed in the answer or any subsequent pleading.”
ORDER OF EXPROPRIATION
If the objections to and the defenses against the right of the plaintiff to expropriate the property
are overruled, or when no party appears to defend as required by this Rule, the court may issue an order
of expropriation declaring that the plaintiff has a lawful right to take the property sought to be
expropriated, for the public use or purpose described in the complaint, upon the payment of just
compensation to be determined as of the date of the taking of the property or the filing of the complaint,
whichever came first.
PROCEEDINGS BEFORE COMMISSIONERS
Upon the rendition of the order of expropriation, the court shall appoint not more than three (3)
competent and disinterested persons as commissioners to ascertain and report to the court the just
compensation for the property sought to be taken.
JUDGMENT
 The judgment entered in expropriation proceedings shall state definitely, by an adequate
description, the particular property or interest therein expropriated, and the nature of the public use or
purpose for which it is expropriated. When real estate is expropriated, a certified copy of such judgment
shall be recorded in the registry of deeds of the place in which the property is situated, and its effect
shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose.
The discussion of Atty. Godfrey Tubo ended at 4 in the afternoon. After that, a Token and a
Certificate of Appreciation was given to the Resource Persons.
DAY 2
November 9, 2022
Activity Flow

TIME ACTIVITY RESPONSIBLE

PERSON
Day 2

8:00 AM -9:00 AM Arrival and Registration of Participants  DILG Secretariat

9:00 AM – 9:45 AM Recapitulation

9:45 AM – 10:15 AM WORKSHOP 1: Identification of existing

road right of way issues and status  Facilitator

10:15 AM-12:00 NN Presentation of Output

12:00 NN – 1:00 PM LUNCH BREAK

1:00 PM- 1:30 PM Energizer

1:30 PM – 3:00 PM WORKSHOP 2: Formulation of Plans

and Strategies for the existing issues and  Facilitator
concerns (next step)

3:00 PM – 3:15 PM BREAK

3:15 PM -4:15 PM Presentation of Output

4:15 PM – 4:30 PM Evaluation and Assessment

4:30 PM – 5:00 PM Closing Activity

 Day 2 commenced with an opening prayer at 9:30 in the morning of November 9, 2022. Ms. Geralyn
Janette Corona grouped the participants into four (4) groups and facilitated the recapitulation for yesterday’s
sessions.
“What knowledge have we grasped from yesterday’s activity?” asked the facilitator.
Group 1 – Engr. Richard Bompat: I learned about the 4 modes of acquisition under RA 10752, namely,
Donation, Negotiated Sale, Expropriation and any other modes as provided by law.
Group 2 – Engr. Maria Estela Asuncion: I learned that before we execute, before we must file an expropriation,
we must negotiate first.
Group 3 – Engr. Helen Quijada: I learned that there is a 12% penalty for damages when you enter a land whose
ownership is not clear yet, and that there is a 6% penalty subsequently. I also learned that real properties are
immovable properties and personal properties are movable.
Group 4 – Ma’am Susan Batoy: I leaned that there are three inherent powers of a state: police power, taxation
power and the power of eminent domain. I also learned that the power of eminent domain does not allow private
properties taken for public use without just compensation.
Engr. Rogelio Bayron also shared that Negotiation is crucial because if you bring it to court, it might take years.
Engr. Evelyn Ayuban suggested that there should also be an allocation for snacks in the budget especially
during meetings for negotiation purposes. The government can benefit more from let’s say a Php500.00 snacks
when a negotiation goes well.

After the recapitulation, there was a Formulation of Plans and Strategies for the existing issues and
concerns (next step).
NEXT STEP PLANNING
ISSUES AND CONCERNS WHAT HAD BEEN DONE RESPONSIBLE
IDENTIFIED
 To follow up the  Letter Request already Engr. Gasatan & Engr.
opening of the Geodetic sent to GO & HR Ayuban
Engineer (c/o PEO)
 Budget Allocation for  For inquiry to PAccO  Mr. Ligan
Lot negotiation for validity of  Engr. Ayuban
consultation (RROW implementation
Negotiator c/o PEO)

 CAD File provision to  Letter Request already  Mr. Jaylord

PEO (c/o PAssO) sent to PAssO Estoreon

 Procurement of RTK  Budget already  Engr. Gasatan

(duly registered to submitted for 2023  Engr. Ayuban
DENR-BL) survey  Atty. Lagunay
instrument and
computer
  ACAD expert personnel  Arrangement of  c/o Engr. Ayuban
to facilitate the plotting personnel (temporary)
of parcellary survey for the facilitation of
ACAD expert for the
plotting of parcellary
survey
 Provision of budget for Fabrication of the marker by  Engr. Gasatan
RROW marker per PMD  Engr. Ayuban
PMD (c/o PEO) Design c/o Engr. Aton)
 Booking of asset  Booking of pavement  PEO
(lacking ownership already done (per  PGSO
PMD) except the road  PAccO
lot
 Conduct of Parcellary  RROW section and  Engr. Aton
Survey of all Provincial survey section
Road (c/o PEO)
 Submission of  Fully completed  Engr. Aton
parcellary survey to Antequera – Calape  Engr. Marfe
DENR for assignment Provincial Road
of lot number (c/o PEO)
 Issuance of New Tax  c/o MAssO per
Dec to identified road LGU
lot c/o MAssO)
 Application of Titling  c/o Dr. Doloritos
Free Patent to DENR  Mr. Vivencio
c/o PGSO Pamine

When the activity was finished, the facilitator, on behalf of the DILG thanked the participants for their
time and participation during the two day activity. The giving of certificates followed.

The activity ended at 12:00 in the afternoon.