Right of Way (ROW) Acquisition Modes and Procedures

Flashcards covering the regular and other modes of Right of Way (ROW) acquisition, including procedural requirements for negotiated sales, expropriation, and special cases involving squatters or untitled lands.

The three regular modes of ROW acquisition are Donation, Negotiated Sale, and __________.

Expropriation

Acquisition under __________ is categorized as one of the 'Other Modes' of ROW acquisition.

Commonwealth Act 141 (C.A. 141)

A donation for ROW must be __________ and unconditional, containing clauses that it is not made to defraud the donor’s creditor.

simple

__________ is the preferred mode of ROW acquisition after Donation and should be explored before resorting to expropriation.

Negotiated Sale

In a Negotiated Sale, the price for land is based on the __________ appraisal.

Schedule Market Value (SMV)

For improvements in a Negotiated Sale, the price is based on __________ taking into consideration depreciation.

replacement cost

In a Negotiated Sale, the property owner is given __________ days to submit proof of ownership after receiving the notice of taking.

$$30$$

Upon execution of the Deed of Sale for land, the IA shall pay __________ of the negotiated price, exclusive of unpaid taxes.

$$50\%$$

For affected structures in a negotiated sale, the IA pays __________ of the negotiated price upon execution of the Deed of Sale.

$$70\%$$

For untitled land, the claimant must provide a tax declaration showing open and continuous possession for at least __________ years.

$$20$$

To prove untitled land is eligible for acquisition, a certification from __________ must state the land is alienable and disposable.

DENR

A __________ refers to a group of persons engaged in the business of squatter housing for profit or gain.

Squatting syndicated

Informal settler families who are __________ citizens and do not meet ownership criteria are entitled to relocation under R.A. 7279.

underprivileged and homeless

If a claimant is unknown, the IO must publish an announcement in a national newspaper once a week for __________ consecutive weeks.

$$3$$

If no claimant appears after due notification, the IA shall expropriate the property in the name of __________.

John Doe

When the landowner is a corporation, the IO must verify the authenticity of the __________ registration papers.

Securities and Exchange Commission (SEC)

The IO initiates expropriation proceedings by filing a verified complaint through the __________.

OSG

As part of expropriation, the IO must deposit __________ of the BIR Zonal Valuation of the land into the Court.

$$15\%$$

For crops and trees during expropriation, the IO must deposit __________ of the market value.

$$15\%$$

Upon compliance with the deposit for expropriation, the Court issues a __________ to the IO to start implementation.

writ of possession (WOP)

If the current zonal valuation has been in force for more than __________ years, the BIR is mandated to conduct a new valuation within 60 days of the expropriation filing.

$$3$$

Under C.A. 141, P.D. No. 635 increased the reserved ROW strip width to a maximum of __________ meters.

$$60$$

The mode of __________ is used if the portion of a lot needed is minimal and survey costs would exceed the value of the part taken.

easement of ROW

In a ROW easement agreement, the IO pays the owner the value of the land based on the existing __________.

BIR zonal Valuation

In the mode of Exchange or Barter, the exchange between the private property and government property must be done on a __________ basis.

value-for-value