Right-of-Way Action

Plan (RAP) for Dalton

Pass East Alternative
Road
Outline of Presentation

 OBJECTIVES OF RAP
 DEFINITION OF PAF/PAPS
 DPWH POLICY AND LEGAL
FRAMEWORK
 MODES OF ACQUISITION BASED ON
RA 10752

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Right-of-Way Action
Plan (RAP)

ROW Action Plan or RAP refers to the document that defines the
extent of the ROW to be acquired for a project, including, among other
things, cost estimates for acquiring land, structures/improvements,
crops/trees, relocation of informal settlers, and recommended
compensation and entitlement package for owners and project-affected
persons (PAPs), implementation schedule, and impact and mitigating
measures for the ROW acquisition.

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OBJECTIVES OF
RAP

♦ Provide an assessment of the impacts that a road projects

has on the local population;
♦ Quantify in monetary terms the private and public assets
that are to be acquired for the projects right-of-way;
♦ Present a strategy that will ensure that all PAPs are paid
according to the social policy;

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OBJECTIVES OF
RAP (CON’T)

♦ Identify measures that would ensure that the PAPs are

involved in the various stages of LAPRAP
preparation and implementation
♦ Give an over-all estimate of the required resources
needed to implement the LAPRAP

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 PROJECT
AFFECTED
PERSONS (PAPs)
Include any person or persons, household, a firm, or a private or
public institution who, because of the need to acquire right-of-way for
the implementation of an infrastructure project, will lose their land,
house, and other improvements fully or partially.
Only those PAPs found to be residing in, doing business, or cultivating
land, or having rights over resources within the ROW to be acquired as
of the date of the census survey (which is the cut-off date) are eligible
for compensation for lost assets.

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PROJECT AFFECTED
PERSONS (PAPs)

PAPs occupying but not owning affected lands and / or structures

PAPs who are not land owners but occupy lands or structures within the
ROW to be acquired for the project, and who are not “professional
squatters” will be compensated for affected structures but not for land

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SEVERITY OF
IMPACTS
SEVERELY-AFFECTED
PAPs
PAPs who will lose more than 20%
of their assets because of the need to
acquire right-of-way for the
implementation of an infrastructure
project or their remaining land or
structure is NO LONGER VIABLE
for continued use or occupancy.
MARGINALLY-AFFECTED
PAPs
PAPs who will lose less than 20% of
their assets because of the ROW to be
acquired for the project or if the
remaining structure that is affected is
STILL VIABLE for continued use or
occupancy.
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SEVERITY OF
IMPACTS
SEVERELY-AFFECTED
PAPs
Those PAPs who will lose those
assets will be entitled to full
payment for the current market
value of the entire land and the
full replacement cost of the entire
structures and other
improvements affected.
MARGINALLY-AFFECTED
PAPs
Those PAPs who will lose those assets
will be entitled to full payment for the
current market value of the land to
be taken and the full replacement
cost of the portions of the structures
and other improvements affected.
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DPWH POLICIES AND
LEGAL FRAMEWORK

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“ ╸ Private property shall
not be taken for Article III,
public use without Philippine
Constitution
just compensation
 ╸ All projects, whether
“ foreign or locally funded,
DPWH
shall be covered by a Department
Land Acquisition Plan Order No. 5
series of 2003
and Resettlement Action
Plan (LAPRAP).
“
In order to achieve a more effective
and expeditious implementation of the DPWH
projects, all concerned officials and Department
offices of this Department are hereby Order No. 152
directed to use and observe the series of 2017
provisions of the attached updated
DPWH ROW Acquisition Manual
(DRAM),
Objective

 Adverse social impact of infrastructure projects are avoided,

minimized and/or mitigated;
 PAPs are given sufficient compensation and assistance for lost assets to
help them improve or at least maintain their pre-project standards of
living;
 Society in general will benefit from the road projects;
 Project stakeholders (which include PAPs) are consulted regarding the
project’s design, implementation and operation.

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An Act Facilitating the Acquisition
of Right-of-Way Site or Location
for National Government
Infrastructure Projects
REPUBLIC ACT 10752

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 MODES OF ACQUISITION

NEGOTIATED
DONATION EXPROPRIATION
SALE

Other modes of acquisition as provided by law:

QUIT CLAIM EASEMENT EXCHANGE/BARTER

 1ST OPTION DONATION Notice of Taking
Accept ? Reject
DOD
2ND OPTION PURCHASE

The implementing agency may engage the Negotiation process

services of:
 Government Financial Institution with Offer the Total Amount of Current Market
adequate experience in property Value (land) + Replacement cost for structure
appraisal, + current market value of crops, trees and
 Independent Property Appraiser perennials)
accredited by the Bangko Sentral ng
Pilipinas (BSP) or a professional Accept ? Reject
association of appraisers recognized by 30 days to decide or
the BSP earlier

DAS EXPROPRIATION
Legend:
DOD – Deed of Donation DAS – Deed of Absolute Sale 17
 EXPROPRIATION
Issue Writ of Possession upon
compliance to the guidelines
COURT
If, within seven (7) working days after the
deposit to the court of the amount for DPWH
compensation cost, the court has not issued Deposit to the court the total amount of the
to the implementing agency a writ of following:
possession for the affected property, the  100% BIR Zonal Valuation
counsel of the implementing agency shall
 Replacement cost for structures and
immediately seek from the court the
issuance of the writ of possession. other improvements
 Current Market Value of crops trees
and perennials

Eminent Domain is the power of the State to take private property for public use.

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 EASEMENT OF ROW Notice of Taking
Accept ? Reject
15 days to decide
or earlier

Easement Agreement
COURT Request for court injunction

• Properties of minimal size

• Expenses for surveying or segregating the affected portion to main lot would be very
much more than the value of the property
• Owner retains ownership of the said property
• Government to compensate the affected portion based on BIR zonal valuation plus
replacement cost of improvements

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 QUIT CLAIM

LAND
OWNER

NOT the Original Patent

Original Patent Holder or
Holder / not through
through a gratuitous title
gratuitous title

Follow other modes of acquisition:

 Donation Follow provision of CA 141
 Negotiated Sale

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 QUIT CLAIM Notice of Taking
Accept ? Reject
15 days to decide or earlier

QCD
Immediate possession of site

Legend: Reject
QCD – Quit Claim Deed
COURT Court injunction

CA 141, Sec 112 twenty (20) m. reserved strip of land for public use.
PD 635 (Jan. 7, 1975) amended CA 141, Sec. 112 increased to sixty (60) m. the reserved strip of land
for public use.
The Government may exercise its right to use the area reserved for public use.
The reservation, however, once taken or availed by the government, cannot be exercised for the
second or the third time.
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 OTHER MODES OF ACQUISITION
EXCHANGE OR BARTER
Exchange or Barter is an option that the property owner may choose, by requesting the
government to exchange an old abandoned road or government lot near the project
instead of being paid the money value of her/his lot.

This may be favorably considered especially if the lot being taken from the owner in
her/his ONLY property.

The exchange shall be done on a value for value basis.

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VALUATION OF AFFECTED
PROPERTY
SEC. 7. Standards for the Assessment of the Value of the Property Subject
to Negotiated Sale
 VALUATION OF
PROPERTY

a) The classification and use for which the property is suited;

b) The development cost 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 demolition of certain
improvements on the land and for the value of improvements thereon;
f) The size, shape or location, tax declaration and zonal valuation of the land;
 VALUATION OF
PROPERTY

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.
REPLACEMENT
COST

Replacement Cost is defined as the amount necessary to replace the

improvement and/or structure based on current market prices for
materials, equipment, labor, contractor's profit and overhead and all
other costs associated with the acquisition and installation in place of the
affected improvements and/or structures.

Or current market prices of materials and labor to re-construct a similar

structure for houses and other fixed structures with no deductions for
salvaged materials (Annex B of DO 327 s. 2003)

 Must be a Filipino citizen;
Replacement cost of structures and
improvement hereof 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 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 Republic Act No. 7279, otherwise known as the “Urban Development and
Housing Act of 1992”; and

 Must not occupy an existing government ROW.

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RELOCATION OF ISF
REPUBLIC ACT 7279

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RELOCATION OF ISF

The government, through the Housing and Urban Development

Coordinating Council (HUDCC) and the National Housing Authority
(NHA), in coordination with the LGUs and implementing agencies
concerned, shall establish and develop resettlement sites for informal
settlers

Whenever applicable, the concerned LGUs shall provide and administer

the resettlement sites.
TAXES

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MODE OF PAYMENT
NEGOTIATED SALE

Upon the execution of a deed of sale, the implementing agency

shall pay the property owner:

 Fifty percent (50%) of the negotiated price of the affected

land, exclusive of taxes.

 Seventy percent (70%) of the negotiated price of the

affected structures, improvements, crops and trees,