Legal Basis of Right of Way Acquisition

A set of flashcards reviewing the legal frameworks, constitutional provisions, and specific laws governing Right of Way acquisition for government infrastructure projects.

Section $9$ Article $III$ $1987$ Constitution states: "Private property shall not be taken for __________ without just compensation."

public purpose

The Power of __________ is inseparable in sovereignty being essential to the existence of the State and inherent in government.

eminent domain

According to __________, two mandatory requirements for eminent domain are a particular public purpose and payment of just compensation.

Mactan Cebu International Airport vs. Lozada

__________ is also known as the "Right-of-Way Act" and was dated March $16, 2016$.

R.A $10752$

The Right-of-Way Act took effect on __________.

April $3, 2016$

The __________ of R.A. $10752$ was dated May $25, 2016$, and took effect on August $7, 2016$.

IRR

Under Section $18$ of the IRR of $10752$, each Implementing Agency (IA) shall prepare and implement its own __________.

Manual of procedures for ROW Acquisition

The __________ (DRAM) was dated September $12, 2017$.

DPWH Right of Way Acquisition Manual

__________ Series of $2017$ directed the use of the DRAM by all concerned.

D. O. $124$

__________ serves as the basic working guide for the DPWH in implementing the improved process for Infrastructure ROW acquisition.

D.O. $152$ series of $2017$

__________ institutes reforms in real Property Valuation and Assessment and grants tax amnesty on Real Property and special levies.

Republic Act $12001$

The act that institutes reforms in ROW acquisition for both the National Government and Public Service providers by amending R.A $10752$ is __________.

Republic Act $12289$

Under the Civil Code, the __________ of Right of way is a privilege allowing a person to pass over another’s land but only governs private transactions.

easement

Department Order $152$ defines __________ as a part or the entirety of a property, site, or location with defined physical boundaries used or required by a government project.

Right of Way