DA Manual of Procedures For ROW Acquisition

DEPARTMENT OF AGRICULTURE
MANUAL OF
PROCEDURES FOR
RIGHT-OF-WAY
ACQUISITION
DECEMBER 2022
2013
BUREAU OF AGRICULTURAL AND FISHERIES ENGINEERING

ENGINEERING PLANS, DESIGNS, AND SPECIFICATION DIVISION
December 29, 2022
Memorandum Circular
No. _____
Series of 2022
SUBJECT: REVISED GUIDELINES ON THE ACQUISITION OF RIGHT-OF-WAY, SITE, OR

LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS IN
THE AGRICULTURE AND FISHERIES SECTOR
WHEREAS, Republic Act No. 10752 (R.A. No. 10752) otherwise known as “The Right-of-Way
Act” was enacted to ensure that all persons whose real property is affected by national
government infrastructure projects are promptly paid just compensation for the expeditious
acquisition of the required right-of-way (ROW), site, or location.
WHEREAS, pursuant to Section 3 of R.A. No. 10752, the term “national government projects”
shall refer to all national government infrastructure projects and its public service facilities,
engineering works and service contracts, including projects undertaken by the government-
owned and -controlled corporations, all projects covered by the RA No. 6957, as amended by RA
No. 7718, otherwise known as the “Build-Operate-and-Transfer Law”, and other related and
necessary activities, such as site acquisition, supply or installation of equipment and materials,
implementation, construction, completion, operation, maintenance, improvement, repair and
rehabilitation, regardless of source of funding.
WHEREAS, the Department of Agriculture (DA) is implementing agri-fisheries infrastructure

projects such as, but not limited to Farm-to-Market Roads (FMRs), Irrigation Facilities, Fish
Ports, Public Markets, and various offices of the Department. These interventions are key
investments of the Department in accomplishing its mandate of promoting agricultural
development by providing public investments and support services. However, acquisition of
Right-of-Way (ROW), Site, or Location for infrastructure projects, may result to loss of land,
crops or structures that are significant for the smallholder families or families who are non-
members of the farmer’s organization that will be supported by the project.
WHEREAS, acquisition of ROW, site, or location for agri-fishery infrastructure projects

continues to be a major challenge, causing delays in the implementation of projects and
underutilization of programmed funds. Thus, it is a current budget policy that all proposed
infrastructure projects should have settled ROW issues prior to funding.
WHEREAS, Section 18 of the Implementing Rules and Regulations of R.A. No. 10752 (IRR of R.A.
No. 10752) states that, “To provide clear, specific, and operational guidelines for the efficient
acquisition of land for ROW for its infrastructure projects, each IA shall prepare and implement
its own “Manual of Procedures for ROW Acquisition”.
WHEREAS, Section 24 of Republic Act No. 10601 (R.A. No. 10601) or the “Agricultural and
Fisheries Mechanization (AFMech) Law” states that, “Pursuant to Section 46 of Republic Act No.
8435, otherwise known as the “Agriculture and Fisheries Modernization Act of 1997”, the
Bureau of Agricultural and Fisheries Engineering (BAFE) is hereby created as a regular bureau
of the DA which shall be under the supervision of the DA Undersecretary and shall have the
following functions and responsibilities:
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a. Coordinate, oversee and monitor the national planning and implementation of agri-
fisheries engineering, farm-to-market road and other agri-fisheries infrastructure
projects
b. Assist in the national planning, coordination and implementation of the national
agricultural and fisheries mechanization programs;
c. Prepare, evaluate, validate and recommend engineering plans, designs and
technical specifications on agri-fisheries mechanization and infrastructure projects;
and
d. Oversee and provide technical assistance to the services of the agricultural
engineering divisions of the DA-Regional Field Offices (RFOs).
WHEREAS, as part of its mandates, the preparation of the Manual of Procedures for ROW
Acquisition and the corresponding guidelines for its implementation was spearheaded by the
BAFE, in coordination with the concerned implementing offices and units of the Department.
WHEREAS, on November 10, 2020, the DA issued the Administrative Order (AO) No. 38 which
provided general guidelines on the implementation of acquisition of land for Right-of-Way, Site
or Location for agri-fisheries infrastructure projects of the Department of Agriculture including
the formulation of the Manual of Procedures for ROW Acquisition.
WHEREAS, in view of the implementation concerns raised by various implementing offices, the
DA issued a Moratorium on AO No. 38 on October 22, 2021 which shall remain effective until
further notice.
WHEREAS, to provide policy direction and uniform guidance on the procedures, documentary
requirements, and organizational arrangements on the implementation of ROW acquisition
activities, the DA Administrative Order No. 38, Series of 2020 was revised to include
modifications on the scope of infrastructures projects eligible for the acquisition of ROW, the
adoption of the Manual of Procedures for ROW Acquisition, and other provisions.
NOW THEREFORE, this Memorandum Circular is hereby issued for the adoption of the DA
Revised Guidelines on the Acquisition of Right-of-Way, Site, or Location for National
Government Infrastructure Projects in the Agriculture and Fisheries Sector and the Manual of
Procedures for ROW Acquisition, in accordance with the provisions of RA No. 10752 and its IRR.
Section I
OBJECTIVES
This Memorandum Circular aims to:
1. Provide policy directions relative to ROW acquisition;

2. Provide guidance on the appropriation of budget for ROW acquisition;
3. Establish institutional arrangements for the implementation of ROW acquisition; and
4. Institutionalize the adoption of the Manual of Procedures for ROW Acquisition.
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Section II
DEFINITION OF TERMS
Government Financial Institution (GFI) refers to a national government owned or controlled

corporation that the Implementing Office may engage to provide property appraisal services,
including estimates of the market values of the property, affected by the ROW for a project.
Implementing Agency (IA) refers to any department, bureau, office, commission, authority or
agency of the national government, including any government-owned or -controlled
corporation or state college or university, authorized by law or its respective charter to
undertake national government projects. The DA, as a whole, is an IA.
Implementing Office (IO) refers to any of the units of the DA authorized to implement
mechanization and infrastructure projects.
Independent Property Appraiser (IPA) refers to an individual or firm that may be engaged by
the Implementing Office to provide property appraisal services, including estimates of the
market values of the property, affected by the ROW for a project.
Right-of-Way (ROW) means a part or the entirety of a property, site or location, with defined
physical boundaries, used or required by a government infrastructure project.
ROW Action Plan (ROWAP) 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, crops, trees, and recommended compensation and entitlement package for owners
and project-affected persons (PAPs), implementation schedule, and impact and mitigating
measures for the ROW acquisition.
Site or Location refers to the land or property where the agri-fishery infrastructure
project will be constructed/established.
Section III
SCOPE & LIMITATIONS
Implementing Offices/Units
Pursuant to Section 18 of the RA 9184 IRR, each IA is mandated to prepare its own Manual of
Procedures for ROW Acquisition to provide clear, specific, and operational guidelines for the
efficient acquisition of ROW for its infrastructure projects.
As defined in the same IRR, Implementing Agency or IA refers to any department, bureau, office,
commission, authority or agency of the national government including any government-owned
or controlled corporation or state college or university, authorized by law or its respective
charter to undertake national government projects.
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The DA is considered an implementing agency of national government infrastructure projects
intended for the agriculture and fisheries sector. The DA is composed of several implementing
offices which include Regional Field Offices (RFOs), bureaus, attached agencies and
corporations.
In view of the above, this Memorandum Circular was developed to serve as the standard
reference of the DA and all its implementing offices. However, since its implementing offices are
likewise considered as an IA, they may opt to prepare their own Manual customized to their
particular requirements and systems for ROW acquisition.
Types of Agri-Fishery Infrastructure Projects
Pursuant to Section 3 of the RA 10752, the term “national government projects” shall refer to all
national government infrastructure projects and its public service facilities, engineering works
and service contracts, including projects undertaken by the government-owned and -controlled
corporations, all projects covered by the RA No. 6957, as amended by RA No. 7718, otherwise
known as the “Build-Operate-and-Transfer Law”, and other related and necessary activities,
such as site acquisition, supply or installation of equipment and materials, implementation,
construction, completion, operation, maintenance, improvement, repair and rehabilitation,
regardless of source of funding. These projects shall include, but not limited to the following:
(1) Highways, including expressways, roads, bridges, interchanges, overpasses, tunnels,
viaducts and related facilities;
(2) Railways and mass transit facilities;
(3) Port Infrastructure, like piers, wharves, quays, storage handling and ferry services;
(4) Airports and air navigation facilities;
(5) Power generation, transmission and distribution facilities;
(6) Radio/television broadcasting and telecommunications infrastructure;
(7) Information technology infrastructure;
(8) Irrigation, flood control, and drainage systems;
(9) Water and debris retention structures and dams;
(10) Water supply, sanitation, sewerages and waste management facilities;
(11) Land reclamation, dredging, and development;
(12) Industrial and tourism estates;
(13) Government School buildings, hospitals, clinics and other buildings and housing
projects;
(14) Public Markets and slaughterhouses; and
(15) Other similar or related infrastructure works and services of the national government.
Applying the rule of statutory construction known as “Ejusdem generis” where the general
words follow the enumeration of particular classes of persons or things, the general words will
be construed as applicable only to persons or things of the same general nature or class of those
enumerated.
On the other hand, the concept of public use or public purpose has expanded to include utility,
advantage, or productivity for the benefit of the public. “Public Use” as a requisite for the valid
exercise of the power of eminent domain refers to whatever is beneficially employed for the
general welfare. Public use has now been held to be synonymous with “public interest”,
“public benefit”, and “public convenience”.
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From the definition of public purpose above, it is clear that acquisition of private property for
ROW will only be applicable if there is some public advantage, convenience, or benefit involved.
It should be grounded on public interest and welfare and not an unjustified interference with
the property right/s of private persons.
Moreover, this Memorandum Circular will cover agri-fishery infrastructure projects that will
remain in the ownership, operation, and management of the DA, as the implementing agency,
and sometimes the concerned Local Government Units (LGUs) and State Universities and
Colleges (SUCs) as the implementing partner of the DA. With these authorizations vested in the
government, the concept of public use, interest, benefit, and convenience will still be served.
These agri-fishery infrastructure projects include, but are not be limited to the following:
1. DA Offices
a. Laboratory and Research Centers
b. Administrative Buildings
c. Quarantine and Checkpoint Centers
d. Training Centers
2. Commodity Transport Infrastructure
a. Farm-to-Market Road
b. Farm-to-Mill Road
3. Irrigation Facilities (national and communal)
a. Irrigation Dams
b. Irrigation Canals
c. Other appurtenant structures
4. Production/Marketing Facilities
a. Public Market
b. Fish Ports
c. Trading Centers/Posts
5. Other infrastructure projects that will be constructed, operated, and managed by the
DA with LGUs or SUCs as implementing partners
In case the above-mentioned agri-fishery infrastructure projects will be constructed and/or

installed in properties already owned by the DA/LGUs/SUCs, ROW acquisition is no longer
required since no private property will be affected. Otherwise, compensations cost shall be
provided to project affected persons.
Limitations
There are infrastructure projects being implemented by the DA that are given as grants to
certain farmers/irrigators associations and which are intended to benefit only the grantee or a
particular group of private individuals. In this case, the ownership, operation, and management
will be carried out by private individuals which may opt to limit the use of grant facilities within
its farmers members only. With this, the concept of public use, interest, benefit, and
convenience will no longer be applicable, thus, grant projects are not covered by this issuance.
As part of the due diligence of the DA in implementing grant projects, IOs shall require the
recipients (farmers or irrigators association) to acquire the property for the construction of the
project through donation, sale or execute a Usufruct Agreement with the property owner for a
period not less than the service life of the project.
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Section IV
MODES OF ACQUISITION
As provided in Section 4 of RA No. 10752, the following are the regular modes of acquisition
a) Donation
In accordance with Section 5 of RA No. 10752 and its IRR, the IA may explore the mode
of donation of the needed portion or whole of the affected property, i.e., lots with or
without improvements, by the property owner concerned, which may be a private
individual/corporation or a government agency/corporation.
Where feasible, the regular mode of acquisition through donation shall be first
considered. This is initiated through requesting the property owner to donate the
property for the implementation of agri-fisheries infrastructure projects.
b) Negotiated Sale
If donation is not feasible, negotiated sale for the acquisition of the property may be
considered as the mode of acquisition. As provided in Section 6 of the IRR of RA 10752,
the IA may acquire through negotiated sale the required ROW, by offering to the
property owner a compensation price at the sum of the: a) the current market value of
the land; b) the replacement cost of structures and improvements therein, and c)
current market value of crops and trees.
c) Expropriation
According to Section 7 of the IRR of RA 10752, whenever the property owner refuses or
fails to accept the price offer within thirty (30) days of the IA for negotiated sale or fails
and/or refuse to submit the document necessary for payment, or when negotiation is
not feasible, then the implementing agency shall initiate the expropriation proceeding
by filing a verified compliant before the proper court
Other modes of acquisition may be explored and considered depending on the peculiarity of the
case, which shall include but is not limited to the following:
a) Acquisition of Properties under Commonwealth Act (CA) No. 141
With accordance to Section 8 of the IRR of RA 10752, in cases of lands granted through
CA No. 141, dated 07 November 1936, known as the Public Land Act, and its
amendments, the IA shall:
1. Follow the other modes of acquisition enumerated in the IRR of RA 10752, if the
landowner is not the original patent holder and any previous acquisition of said land
is not through a gratuitous title; or
2. Follow the provisions under CA No. 141 regarding acquisition of ROW on patent
lands, if the landowner is the original patent holder or the acquisition of the land
from the original patent holder is through a gratuitous title.
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.
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b) Exchange or Barter
According to Section 9 of the IRR of RA 10752, instead of being paid with the money
value of his property, the owner of a property needed for a ROW of a national
government project may request the DA to exchange or barter an old abandoned
government property near the project with his said property.
The IO may favorably consider this mode especially when the lot being taken is the
owner’s only lot subject to the provisions of relevant laws and the following conditions
provided in Section 9 of the RA 10752 and its IRR.
c) Easement of Right-of-Way
In accordance to Section of 10 of the IRR of RA 10752, 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
IO may, if the property owner agrees, resort to the mode of Easement of ROW provided
under the Civil Code.
1. Acquisition of Subsurface Right-of-Way
As indicated by Section 11 of the IRR of RA 10752, 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
2. Easement of Aqueduct
This mode applies when there is a need to make the water flow through an
intervening land property to make use of the said water for irrigation or
improvement. Figures 8 shows the process flow of acquiring ROW using the
Easement Agreement. According to Chapter 2, Section 2, Article 640 of the Civil
Code, compulsory easements for drawing water or for watering can be imposed
only for reasons of public use in favor of a town or village, after payment of the
proper indemnity.
3. Acquisition of Land Under Ancestral Domain
Pursuant to Section 9, Article III of the 1987 Constitution, DPWH issued

Department Order (D.O.) No. 43 – “Guidelines for Right-of-Way (ROW)
Acquisition and Payment of Ancestral Domains affected by the Implementation
of National Government Infrastructure Projects” stating that private property
shall not be taken for public use without just compensation, and the recognized
rights of Indigenous Cultural Communities (ICC) or Indigenous Peoples (IP)
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under Republic Act No. 8371 (R.A. No. 8371), otherwise known as "The
Indigenous Peoples Rights Act (IPRA) of 1997"
d) Other Special Cases
1. ROW Acquisition of Mortgaged Properties

2. ROW Acquisition of Untitled Lands
3. ROW Acquisition wherein the Landowner is Deceased
4. ROW Acquisition wherein the Landowner is a Corporation/Partnership/
Association
5. ROW Acquisition wherein the Property is under Guardianship
6. ROW Acquisition of Lands with Attorney-in- Fact Representation
7. Acquisition of Lands when there are No Claimants
8. ROW Acquisition of Lands whose Owners have No Legal Rights
9. Outstanding ROW Claims for Completed Projects
10. Acquisition of Land Under Community Based Forest Management Agreement
(CBFMA)
Section V
APPROPRIATIONS
As provided by Section 15 of the RA 10752 and its IRR, the government shall provide adequate
appropriations that will allow the IA to acquire the required right-of-way, site or location for
national government infrastructure projects in advance of the project implementation. In order
to conduct all necessary activities related to the ROW acquisition, corresponding appropriations
shall be provided as enumerated below with the corresponding object of expenditure.
Expenses Object of Expenditure

a) Cost of parcellary surveys and - Other Maintenance and Other
appraisal of properties affected by Operating Expenses for inhouse
the infrastructure projects; survey/appraisal and engagement of
services of GFI thru MOA
- Consultancy Service for hiring the
services of IPA/Outsourced Surveyors
b) Compensation for project-affected - Capital Outlay (Land Outlay, Land
land, structures, crops, and trees; Improvement Outlay, Other Structure
Outlay)
c) Cost of development and - Capital Outlay (Land Outlay, Land
implementation of resettlement Improvement Outlay, Other Structure
projects. Outlay)
d) Applicable taxes and fees (e.g. - Other Maintenance and Other

notarial fees, capital gains tax, Operating Expenses (Taxes, Duties,
documentary stamp tax, transfer and Licenses)
tax, registration fees for the
transfer of titles, etc.); and
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Expenses Object of Expenditure
e) Administrative expenses - Other Maintenance and Other
(consultancy, professional, and Operating Expenses (Other
administrative services) for right Professional Service and Consultancy
of-way management like Service)
preparation of deeds, transfer of
titles, and annotation of deeds.
In order to be included in the annual DA budget proposal, an ROW Acquisition Plan (ROWAP)
shall be prepared. The ROWAP contains the estimated budget for all ROW acquisitions costs
including inflation and contingencies, schedule of implementation, and the areas to be acquired.
To ensure that projects for implementation are shovel-ready, the following timeline is
recommended:
Timeline Activities
2 years prior to project o Preparation of ROWAP and inclusion in the budget
implementation proposal*
1 year prior to project o Validation of ROWAP and implementation of ROW
implementation acquisition activities**
Year of Project o ROW acquisition activities are already settled such as the
Implementation payment of compensation price, transfer of title, and
clearing of ROW
*Cost estimates may be prepared by in-house appraisers/ABEs
**Cost estimates should be prepared/reviewed/certified by GFI/IPAs
Section VI
CREATION OF RIGHT-OF-WAY IMPLEMENTING UNIT
At the national level, the Bureau of Agricultural and Fisheries Engineering (BAFE) shall serve as
the oversight agency in the implementation of this Memorandum Circular. For this purpose, the
BAFE shall undertake the following:
a. Ensure the implementation of the Manual of Procedures for ROW Acquisition;

b. Ensure the creation of ROW Unit in the implementing offices/units;
c. Review ROW acquisition process of the implementing offices/units;
d. Monitor ROW acquisition status in the implementing offices;
e. Recommend actions on ROW acquisition activities with concerns;
f. Review annual budgetary estimates for ROW;
g. Maintain database of acquired ROWs, site or location; and
h. Facilitate the capacity building activities on ROW acquisition including appraisal and
valuation, among others.
As part of the function to ensure the creation of ROW units, the BAFE shall facilitate the
preparation and submission of a Rationalization Plan to the Department of Budget and
Management (DBM) for the creation of an organic ROW Unit pursuant to section 5 of Executive
Order No. 366, Series of 2004.
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Pending the submission and approval of the Rationalization Plan, each implementing office/unit
is hereby authorized to designate/create its own interim or ad hoc ROW Unit. The BAFE shall
likewise consolidate the list of Contract of Service and endorse it to the DA Secretary for
subsequent approval.
The ROW Unit will facilitate the acquisition of ROW, site, or location, and shall be composed of
the following staff:
a) ROW Officer/s – shall facilitate the implementation of ROW Action Plans (ROWAP).
Specifically, the ROW Officer shall:
1. Formulate ROWAP;
2. Review the completeness, compliance and authenticity of the ownership documents
(proof of ownership Certificate of Title/Tax Declaration, Deed of Sale or Donation for
the site/location including the access road, Land Classification – zoning ordinance
and the processing of the transfer of ownership, and others) and to ensure that area
where permanent facilities (warehouse and processing facilities) constructed are
covered by sufficient security of tenure;
3. Prepare budgetary proposal for ROW appraisal and settlement and monitoring of
financial accomplishments;
4. May serve as an in-house appraiser;
5. Monitor the status of activities relative to ROW acquisition and recommend
appropriate actions; and
6. Ensure that the database of ROWs acquired is maintained.
b) Institutional Development Officer (IDO) – shall facilitate preparation activities and address
matters arising from Project-Affected Persons (PAPs) during the process of ROW
acquisition. Specifically, the IDO shall:
1. Facilitate social preparation including community consultations;
2. Serve as trainer or resource person in ROW related training programs;
3. Lead in the negotiations; and
4. Act as Grievance Officer that shall conduct assessing, analyzing and resolving
complaints and issues relating to the project at the lowest level possible.
c) Administrative Officer/s - shall assist other members of the ROW Unit in undertaking their
functions relative to management of documents and public affairs. Specifically, the
Administrative Officer shall:
1. Process legal documents required;
2. Maintain database of ROWs acquired and all supporting documents;
3. Prepare documentary requirements for payment of compensation costs, taxes, fees;
4. Remit taxes and fees involved in ROW acquisition to the involved offices
(BIR/LGU/Registry of Deeds);
5. Provide administrative assistance to the unit;
6. Record, coordinate, and track all documents prepared and received by the ROW
Unit; and
7. Check the completeness of documents prior to archiving.
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d) Legal Officer (Retainer/On-call) – shall review and recommend on all activities undertaken
and legal documents prepared and received by the IO/IA relative to ROW acquisition.
Specifically, the Legal Officer shall:
1. Advise the ROW Unit on the laws, rulings and regulations of RA No. 10752 and its
IRR and relevant laws on Acquisition of land for ROW, site or location;
2. Prepare and review on legal documents for the transfer of ROW;
3. Recommend legal action relevant to Acquisition of ROW;
4. Perform notary works of legal documents; and
5. Validate, assess, and recommend actions on legal matters arising during ROW
acquisition.
Additional tasks may be designated by the head of the implementing office as may be necessary.
The number of additional Contracts of Service for the ROW Unit will depend on the existing
staffing pattern of the IO, so long as the recommended composition of the ROW unit will be
completed.
If the Legal service will be hired, the acquiescence of the Office of the Solicitor General (OSG)
shall be sought. On services of a legal officer, performance of notary works of the legal
documents may be included in the terms of reference or contracted responsibilities. Otherwise,
expenses for notary works shall be integrated in the annual budgetary requirement of the
implementing office.
Likewise, pursuant to the IRR of the ROW Act, the Memorandum Circular authorizes the
utilization of services of GFIs or IPAs for generating appraisal reports to serve as bases of the
price offer for negotiated sale and other applicable modes of acquisition. For this purpose, the
IO is also encouraged to capacitate its in-house personnel in validating such appraisal reports.
Similarly, in-house appraisers were authorized to conduct valuation of agri-fishery properties
or projects (buildings, crops, trees, and other improvements) located in lands categorized as
agricultural, which may be used as reference of the implementing office during the budget
preparation phase.
All Implementing Offices under DA shall establish its ROW Unit within a year after the effectivity
of this Memorandum Circular.
Section VII
MANUAL OF PROCEDURES FOR ROW ACQUISITION
In compliance with Section 18 of the IRR of RA 10752 and to guide the IOs in the process
acquiring right-of-way, site, or location prior to the implementation of agri-fisheries
infrastructure projects, the attached Procedural Manual for ROW Acquisition is hereby adopted.
The Manual serves as a working guide for DA offices in the proper implementation of the ROW
acquisition process for its infrastructure projects, pursuant to the provisions of the Right-of-
Way Act and its IRR. Specifically, the Manual aims to:
1. Define the rules, procedures, standard documents, and templates to be used by the
different DA IOs in ROW acquisition;
2. Serve as reference of property owners and other PAPs on the rules and processes in
ROW acquisition, including their basic rights and obligations;
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3. Guide for the GFIs, IPAs and In-house Appraisers in determining the appropriate price
offers to property owners affected by ROW acquisition; and
4. Guide other concerned government entities on the ROW aspects that entail their active
participation.
Section VIII
REPEALING CLAUSE
All other previous orders, issuances, rules and regulations, or part thereof, inconsistent with or
contrary to this Memorandum Circular are hereby repealed and modified accordingly.
Section IX
EFFECTIVITY
This Memorandum Circular shall be effective immediately upon signing and shall remain in
force until revoked in writing.
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TABLE OF CONTENTS
LIST OF FLOWCHARTS .....................................................................3
LIST OF TEMPLATES .........................................................................3
LIST OF REFERENCES ......................................................................4
ACRONYMS .........................................................................................5
DEFINITION OF TERMS .....................................................................7
I. INTRODUCTION .............................................................................10
1.1. RATIONALE ............................................................................................ 10
1.2. OBJECTIVES OF THE MANUAL............................................................ 11
1.3. COVERAGE OF THE MANUAL .............................................................. 11
1.3.1. IMPLEMENTING OFFICES.................................................................. 11
1.3.2. INFRASTRUCTURE PROJECTS ........................................................ 12
1.3.2.1. TYPE OF ACQUISITION .................................................................. 14
1.3.2.2. LIMITATIONS ................................................................................... 14
1.3.3. MODES OF ACQUISITION .................................................................. 14
1.3.4. APPROPRIATIONS ............................................................................. 15
II. ROW ACQUISITION PROCESS .................................................16
2.1. ROW ACQUISITION OVERALL PROCESSFLOW................................. 16
III ROW ACTION PLAN PREPARATION .......................................16
IV ROW ACTION PLAN IMPLEMENTATION .................................19
4.1. Regular Modes of ROW Acquisition..................................................... 19
4.1.1. ACQUISITION OF ROW THROUGH DONATION ............................... 19
4.1.2. ACQUISITION OF ROW THROUGH NEGOTIATION .......................... 22
4.1.3. ACQUISITION OF ROW THROUGH EXPROPRIATION ..................... 26
4.2. Other Modes of ROW Acquisition ........................................................ 32
4.2.1. ACQUISITION OF ROW THROUGH EXCHANGE OR BARTER ........ 32
4.2.2. ACQUISITION OF ROW THROUGH EXECUTION OF QUIT CLAIM .. 37
4.2.3. ACQUISITION OF ROW THROUGH EASEMENT OF RIGHT-OF-WAY40
4.2.3.1. ACQUISITION OF SUBSURFACE RIGHT-OF-WAY ....................... 43
4.2.3.2. ACQUISITION THROUGH EASEMENT OF AQUEDUCT ................ 44
4.2.3.3. ACQUISITION OF LAND UNDER ANCESTRAL DOMAIN............... 45
4.3. Special Cases ......................................................................................... 46
4.3.1. ROW ACQUISITION OF MORTGAGED PROPERTIES ...................... 46
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4.3.2. ROW ACQUISITION OF UNTITLED LANDS ....................................... 46
4.3.3. ROW ACQUISITION WHEREIN THE LANDOWNER IS DECEASED . 46
4.3.4. ROW ACQUISITION WHEREIN THE LANDOWNER IS A
CORPORATION/PARTNERSHIP/ASSOCIATION ............................................. 47
4.3.5. ROW ACQUISITION WHEREIN THE PROPERTY IS UNDER
GUARDIANSHIP ................................................................................................ 47
4.3.6. ROW ACQUISITION OF LANDS WITH ATTORNEY-IN- FACT
REPRESENTATION ........................................................................................... 47
4.3.7. ACQUISITION OF LANDS WHEN THERE ARE NO CLAIMANTS ...... 48
4.3.8. ROW ACQUISITION OF LANDS WHOSE OWNERS HAVE NO LEGAL
RIGHTS 48
4.3.9. OUTSTANDING ROW CLAIMS FOR COMPLETED PROJECTS ....... 49
4.3.10. ACQUISITION OF LAND UNDER COMMUNITY BASED FOREST
MANAGEMENT .................................................................................................. 49
AGREEMENT (CBFMA) ..................................................................................... 49
V MANAGEMENT OF ROW ...........................................................50
5.1 Preparation of ROW Acquisition Completion Report ......................... 50
5.2 Management of Titles of Acquired ROWs ........................................... 50
5.3 Monitoring of Acquired ROWs.............................................................. 50
VI PROCEDURES FOR SUB-PROCESSES...................................52
6.1. Appraisal Services of GFIs and IPAs ................................................... 52
6.1.1. ENGAGEMENT OF SERVICES OF GFIS AND IPAS .......................... 52
6.1.2. TERMS OF REFERENCE FOR GFIS AND IPAS ................................ 53
6.1.3. SCOPE, LEVEL, AND BASIS OF APPRAISAL .................................... 54
6.1.4. APPRAISAL OF LAND ......................................................................... 54
6.1.5. APPRAISAL OF STRUCTURES .......................................................... 55
6.1.6. APPRAISAL OF CROPS/TREES ......................................................... 57
6.2. Determination of Capital Gains Tax and other Taxes and Fees......... 57
6.3. Execution of Deed of Sale ..................................................................... 59
6.4. Schedule of Payments........................................................................... 60
6.5. Clearing of ROW .................................................................................... 61
6.5.1. CLEARING OF PRIVATE STRUCTURES WITHIN THE ROW ............ 62
6.5.2. CLEARING OF PUBLIC IMPROVEMENTS WITHIN THE ROW.......... 63
6.5.3. CLEARING OF PERENNIAL TREES WITHIN THE ROW ................... 63
6.6. Transfer of Title ...................................................................................... 64
2
LIST OF FLOWCHARTS
1) Overall Process Flow for ROW Acquisition
2) Process Flow for Preparation of ROW Action Plan
3) Process Flow for ROW Acquisition through Donation
4) Process Flow for ROW Acquisition through Negotiation
5) Process Flow for ROW Acquisition through Expropriation
6) Process Flow for ROW Acquisition through Exchange
7) Process Flow for ROW Acquisition through Execution of Quit Claim
8) Process Flow for ROW Acquisition through Easement Agreement
LIST OF TEMPLATES
A. ROW Action Plan (ROWAP)
1. Preliminary Cost Estimates for Land
2. Preliminary Cost Estimates for Structures, Crops, and Trees
3. Parcellary Survey
4. ROW Compensation Matrix
B. ROW Status Report
C. GFIs/IPAs
1. Template Terms of Reference for Property Appraisal Services
2. Format of Approved Budget for the Contract (ABC)
3. Form of Memorandum of Agreement with GFI
4. Form of Contract of Agreement with IPA
D. Deed of Donation of Real Property
E. Deed of Absolute Sale
1. For Land Including Structures, Crops, and Trees
2. For Land Only
F. Extra Judicial Settlement of Estate with Deed of Absolute Sale
G. Deed of Exchange
H. Quit Claim Deed
1. For Unpatented Lands
2. For Lands Acquired under the Public Land Law
I. Agreement for Right-Of-Way Easement
J. Permit to Enter
K. Agreement to Demolish and Remove Improvements (ADRI)
L. Agreement to Demolish, Remove, and Reconstruct Improvements (ADRRI)
3
LIST OF REFERENCES
A. Main Legal Basis
1) Republic Act No. 10752 dated March 07, 2016, entitled “An Act Facilitating
the Acquisition of Right-of-Way, Site or Location for National Government
Infrastructure Projects,” or “Right-of-Way Act,” which took effect on April 03,
2016
2) Implementing Rules and Regulations (IRR) of the RA No. 10752
B. Other Relevant Laws

1) Republic Act No. 8974 “An Act to Facilitate the Acquisition of Right-of-Way,
Site, or Location for National Government Infrastructure Projects and for
Other Purposes”
2) Commonwealth Act (CA) No. 141, “Public Land Act”
3) RA 9184, “Government Procurement Reform Act,” and its IRR
4) RA 7160, “Local Government Code of 1991”
5) Presidential Decree (PD) No. 635, The Public Land Law
6) Presidential Decree (PD) No. 1067, Philippine Water Code
7) Republic Act No. 386 Civil Code of the Philippines
C. DA Issuances
1) Administrative Order No. 38, Series of 2020 – Implementation Guidelines
on the Acquisition of Right-of-Way Site or Location
4
ACRONYMS
ADRI Agreement to Demolish and Remove Improvements
ADRRI Agreement to Demolish, Remove and Reconstruct Improvements
BIR Bureau of Internal Revenue
BSP Bangko Sentral ng Pilipinas
CA Commonwealth Act
CADC Certificate of Ancestral Domain Claim
CGT Capital Gains Tax
CLOA Certificate of Land Ownership Award
CLUP Comprehensive Land Use Plan
CNC Certificate of Non-Coverage
DA Department of Agriculture
DAS Deed of Absolute Sale
DAR
DBM Agrarianand
Department of Budget Reform
Management
DENR Department of Environment and Natural Resources
DST Documentary Stamps Tax
DPWH Department of Public Works and Highways
ECC Environmental Compliance Certificate
EIA Environmental Impact Assessment
EIS Environmental Impact Statement
EMP Environmental Management Plan
EP Emancipation Patent
GAA General Appropriations Act
GFI Government Financial Institution
HLURB Housing and Land Use Regulatory Board
IPA Independent Property Appraiser
IA Implementing Agency
IO Implementing Office
IRR Implementing Rules and Regulations
LGU Local Government Unit
LMB Land Management Bureau
LMS Land Management Section
MOA Memorandum of Agreement
NAC Net Actual Consideration
NEP National Expenditures Program
NHA National Housing Authority
NHI National Historical Institute
NPAA Network of Protected Agricultural Areas
NWRB National Water Resources Board
OCT Original Certificate of Title
OSG Office of the Solicitor General
PAP Project-Affected Person
PCM Public Consultation Meeting
PD Presidential Decree
PNP Philippine National Police
RA Republic Act
ROWAP Right-of-Way Action Plan
ROW Right-of-Way
5
RCR ROW Completion Report
RP Republic of the Philippines
RFO
RPT Regional FieldTax
Real Property Office
RD Register of Deeds
RTC Regional Trial Court
TCT Transfer Certificate of Title
TOR Terms of Reference
TWG Technical Working Group
VAT Value Added Tax
WOP Writ of Possession
6
DEFINITION OF TERMS
Appraised Value means the market value of a property as estimated by an Independent
Property Appraiser or Government Financial Institution.
Agri-fisheries Infrastructure Project refers to the construction, improvement, rehabilitation,

and maintenance of agri-fisheries production and postharvest facilities, farm-to-market roads,
irrigation structures, and other infrastructure projects of the department. The term
“Infrastructure Project” shall have the same meaning as, and shall be used interchangeably
with “Project”.
BIR Zonal Valuation is an approved zonal schedule of fair market values on real property
used by the Bureau Internal Revenue (BIR) as basis for the computation of internal revenue
taxes.
Cadastral Map is a comprehensive land recording of the real estate or real property’s limits
and boundary of a tract of land.
Capital Gains Tax (CGT) is tax imposed on the gains presumed to have been realized by the
seller from the sale, exchange, or other disposition of capital assets located in the Philippines,
including pacto de retro sales and other forms of conditional sale.
Certificate of Land Ownership Award (CLOA) is a document evidencing ownership of the

land granted or awarded to the beneficiary by Department of Agrarian Reform (DAR) under
the 1988 agrarian reform program and contains the restrictions and conditions provided for in
RA 6657 and other applicable laws. RA 6657 prohibits the sale or lease of lands covered by
the document for at least 10 years.
Documentary Stamps Tax (DST) is a tax on documents, instruments, loan agreements and
papers evidencing the acceptance, assignment, sale or transfer of a property incident thereto.
Emancipation Patent (EP) is a proof of ownership of the beneficiary of land reform law of
1972 that is issued by the Department of Agrarian Reform (DAR). It can be the subject of a
contract of sale in the exercise of one's right of ownership without violating the prohibitions
embodied in Section 27 of R.A. No R.A. No. 6657 (Comprehensive Agrarian Reform Law)
relative to sale or disposition of awarded lands for a period of ten (10) years from their award
because said provision of law solely applies to awarded lands.
Government Financial Institution (GFI) refers to a national government owned or controlled

corporation that the Implementing Office may engage to provide property appraisal services,
including estimates of the market values of the property, affected by the ROW for a project.
Implementing Agency (IA) refers to any department, bureau, office, commission, authority
or agency of the national government, including any government-owned or -controlled
corporation or state college or university, authorized by law or its respective charter to
undertake national government projects. The DA, as a whole, is an IA.
7
Implementing Office (IO) refers to any of the units of the DA authorized to implement
mechanization and infrastructure projects.
Independent Property Appraiser (IPA) refers to an individual or firm that may be engaged
by the Implementing Office to provide property appraisal services, including estimates of the
market values of the property, affected by the ROW for a project.
Informal Settler refers to an individual or family that does not legally own the land which it
and its structure occupy.
Market Value means the price of what a willing buyer would pay a willing seller for a given
property or asset, assuming that both have a reasonable knowledge of the worth of the
property.
National Government Projects shall refer to all national government infrastructure

projects and its public service facilities, engineering works and service contracts,
including projects undertaken by the government-owned and -controlled corporations,
all projects covered by the RA No. 6957, as amended by RA No. 7718, otherwise
known as the “Build-Operate-and-Transfer Law”, and other related and necessary
activities, such as site acquisition, supply or installation of equipment and materials,
implementation, construction, completion, operation, maintenance, improvement,
repair and rehabilitation, regardless of source of funding.
Original Certificate of Title (OCT) is an official state or municipal-issued document that

identified the owner/s of personal/real property.
Parcellary Survey refers to the activities undertaken as part of the Detailed Engineering
Design of a project to define the proposed ROW alignment and limits, the affected lots showing
the name of the owners/claimants, lot numbers, and areas, and technical descriptions, and all
improvements within the ROW limits.
Procurement refers to the acquisition of goods, consulting services – e.g., services of

Independent Property Appraisers and the contracting for infrastructure projects by the
Implementing Office.
Project-Affected-Persons (PAPs) refers to the people directly affected by land

acquisition for a project through loss of part or all of their assets whether temporarily
or permanently including land, houses, or other structures, crops/trees or other types
of asset.
Project Proponent refers to the project recipient/beneficiary who proposed the project for
funding, who can be represented by the concerned implementing office/unit of the subject
project.
8
Property refers to the land affected by the ROW, and the structures, crops, and trees on the
land.
Real Property Tax (RPT) is tax paid on real property owned by an individual or other legal
entity.
Replacement Cost refers to the cost necessary to replace the structure affected by a ROW
with a similar asset based on current market prices, i.e., with no deduction for depreciation or
damage of the original asset.
Right-of-Way (ROW) means a part or the entirety of a property, site or location, with defined
physical boundaries, used or required by a government infrastructure project.
ROW Action Plan (ROWAP) 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, crops, trees, and recommended compensation and entitlement package for owners
and project-affected persons (PAPs), implementation schedule, and impact and mitigating
measures for the ROW acquisition.
ROW Unit – refers to the unit that will facilitate the acquisition of ROW including the
conduct of social preparation, preparation of ROW Action Plan, parcellary and
entitlement survey, verification of documents, propose budgetary estimate, facilitate
payment of ROW, and processing and transfer of title for the ROW acquired.
Site or Location refers to the land or property where the agri-fishery infrastructure
project will be constructed/established.
Transfer Certificate of Title (TCT) is a document issued after the title is transferred to
someone from the first registered owner.
Transfer Tax is a tax imposed on the transfer of ownership or title to property from one
individual or entity to another.
Writ of Possession is a writ of execution employed to enforce a judgement to recover the

possession of land.
9
I. INTRODUCTION
1.1. RATIONALE
The implementation of government infrastructure projects in agricultural areas in the

country is an essential component towards social and economic development of the
agricultural sector and its players. However, in most cases, the engagement of the
private sector is necessary to accelerate the completion of such projects. One of which
is the acquisition of ROW for infrastructure projects which had been a tedious process
as cooperation to such undertaking is not at all cases supported.
To address this issue, RA No. 10752 “An Act Facilitating the Acquisition of Right-of-
Way, Site or Location for National Government Infrastructure Projects,” or “Right-of-
Way Act”, was created in 2016. This Act was enacted for the purpose of acquisition of
real properties needed as ROW for national government projects undertaken by any
department, bureau, office, commission, authority, or agency of the national
government.
National government projects, as defined by the Act, refer to all national government
infrastructure projects and their public service facilities, engineering works and service
contracts, including projects undertaken by government-owned and -controlled
corporations and all other projects involving private sector participation and all
necessary activities or projects that are intended for public use and purpose.
RA 10752 repealed the previous ROW Act (RA 8974) which aims to fast track and to
simplify negotiations for ROW acquisition through offering just and attractive
compensation prices to the property owners. It enables IAs to quickly adopt a market-
based price without fear of audit disallowance, while ensuring that the rights of
property owners and PAPs are duly protected. Moreover, as provided in Section 10 of
the Act, the government is authorized to provide adequate appropriations that will
allow the concerned IAs to acquire the required ROW, site or location for national
government infrastructure projects prior to the project implementation.
The IRR of RA 10752 was approved by an Inter- Agency Committee on the same
year it was created. In accordance with the provisions of Section 18 of its IRR, each
IA shall prepare and implement its own “Manual of Procedures for ROW Acquisition”
in order to provide clear, specific, and operational guidelines for the efficient
acquisition of ROW for infrastructure projects.
10
1.2. OBJECTIVES OF THE MANUAL
The DA has promulgated this Procedural Manual in compliance with Section 18 of the
IRR of RA 10752 which aims to guide its implementing offices in the process of
acquiring right-of-way prior to the implementation of agricultural and fisheries
infrastructure projects such as, but not limited to Farm-to-Market Roads, Irrigation
Facilities, Public Market, and Fish Ports.
The Manual serves as a working guide for DA offices in the proper implementation of
the ROW acquisition process for its infrastructure projects, pursuant to the provisions
of the Right-of-Way Act and its IRR. Specifically, the Manual aims to:
a. Define the rules, procedures, standard documents, and templates to be used

by the different DA IOs in ROW acquisition;
b. Identify the responsible offices/units for each of the procedures provided;
c. Serve as reference of property owners and other PAPs on the rules and
processes in ROW acquisition, including their basic rights and obligations;
d. Guide for the GFIs, IPAs and In-house Appraisers in determining the
appropriate price offers to property owners affected by ROW acquisition; and
e. Guide other concerned government entities on procedure that require their
active participation.
1.3. COVERAGE OF THE MANUAL
1.3.1. IMPLEMENTING OFFICES
Pursuant to Section 18 of the RA 9184 IRR, each IA is mandated to prepare its own
Manual of Procedures for ROW Acquisition to provide clear, specific, and operational
guidelines for the efficient acquisition of ROW for its infrastructure projects.
As defined in the same IRR, Implementing Agency or IA refers to any department,

bureau, office, commission, authority or agency of the national government including
any government-owned or controlled corporation or state college or university,
authorized by law or its respective charter to undertake national government projects.
The DA is considered an implementing agency of national government infrastructure

projects intended for the agriculture and fisheries sector. The DA is composed of
several implementing offices which include Regional Field Offices (RFOs), bureaus,
attached agencies and corporations.
11
In view of the above, this Memorandum Circular was developed to serve as the
standard reference of all its implementing offices. However, since its implementing
offices are likewise considered as an IA, they may opt to prepare their own Manual
customized to the particular requirements and systems for ROW acquisition.
1.3.2. INFRASTRUCTURE PROJECTS
Pursuant to Section 3 of the RA 10752, the term “national government projects” shall
refer to all national government infrastructure projects and its public service facilities,
engineering works and service contracts, including projects undertaken by the
government-owned and -controlled corporations, all projects covered by the RA No.
6957, as amended by RA No. 7718, otherwise known as the “Build-Operate-and-
Transfer Law”, and other related and necessary activities, such as site acquisition,
supply or installation of equipment and materials, implementation, construction,
completion, operation, maintenance, improvement, repair and rehabilitation,
regardless of source of funding. These projects shall include, but not limited to the
following:
§ Highways, including expressways, roads, bridges, interchanges, overpasses,

tunnels, viaducts and related facilities;
§ Railways and mass transit facilities;
§ Port Infrastructure, like piers, wharves, quays, storage handling and ferry
services;
§ Airports and air navigation facilities;
§ Power generation, transmission and distribution facilities;
§ Radio/television broadcasting and telecommunications infrastructure;
§ Information technology infrastructure;
§ Irrigation, flood control, and drainage systems;
§ Water and debris retention structures and dams;
§ Water supply, sanitation, sewerages and waste management facilities;
§ Land reclamation, dredging, and development;
§ Industrial and tourism estates;
§ Government School buildings, hospitals, clinics and other buildings and
housing projects;
§ Public Markets and slaughterhouses; and
§ Other similar or related infrastructure works and services of the national
government.
12
Applying the rule of statutory construction known as “Ejusdem generis” where the
general words follow the enumeration of particular classes of persons or things, the
general words will be construed as applicable only to persons or things of the same
general nature or class of those enumerated.
On the other hand, the concept of public use or public purpose has expanded to
include utility, advantage, or productivity for the benefit of the public. “Public Use” as
a requisite for the valid exercise of the power of eminent domain refers to whatever is
beneficially employed for the general welfare. Public use has now been held to be
synonymous with “public interest”, “public benefit”, and “public convenience”
From the definition of public purpose above, it is clear that acquisition of private
property for ROW will only be applicable if there is some public advantage,
convenience, or benefit involved. It should be grounded on public interest and welfare
and not an unjustified interference with the property right/s of private persons.
In view of the above, this manual will cover agri-fishery infrastructure projects that will
remain in the ownership, operation, and management of the DA, as the implementing
agency, and sometimes the concerned Local Government Units (LGUs) and State
Universities and Colleges (SUCs) as the implementing partner of the DA. With these
authorizations vested in the government, the concept of public use, interest, benefit,
and convenience will still be served.
These agri-fishery infrastructure projects will include, but will not be limited to the
following:
1. DA Offices
a. Laboratory and Research Centers
b. Administrative Buildings
c. Quarantine and Checkpoint Centers
d. Training Centers
2. Commodity Transport Infrastructure
a. Farm-to-Market Road
b. Farm-to-Mill Road
3. Irrigation Facilities (national and communal)
a. Irrigation Dams
b. Irrigation Canals
c. Other appurtenant structures
4. Production/Marketing Facilities
a. Public Market
b. Fish Ports
13
c. Trading Centers/Posts
5. Other infrastructure projects that will be constructed, operated, and
managed by the DA with LGUs or SUCs as implementing partners.
In case the above-mentioned agri-fishery infrastructure projects will be constructed

and/or installed in properties already owned by the DA/LGUs/SUCs, ROW acquisition
is no longer required since no private property will be affected. Otherwise,
compensations cost shall be provided to project affected persons.
1.3.2.1. TYPE OF ACQUISITION
The peculiarity of property conditions needed for the various infrastructure projects
could as well dictate varying types of acquisition. Depending on the intended use of
the project and its geographical location, property acquisition may either be:
1. Acquisition of right-of-way for access only;

2. Acquisition of location for the construction of the project provided that public
access to the location is already available; or
3. Acquisition of right-of-way for access and location for the construction of the
project.
1.3.2.2. LIMITATIONS
There are infrastructure projects being implemented by the DA that are given as grants
to certain farmers/irrigators associations and which are intended to benefit only the
grantee or a particular group of private individuals. In this case, the ownership,
operation, and management will be carried out by private individuals which may opt to
limit the use of grant facilities within its farmers members only. With this, the concept
of public use, interest, benefit, and convenience will no longer be applicable, thus,
these projects should not be covered by the law.
As part of the due diligence of the DA in implementing grant projects, IOs shall require
the recipients (farmers or irrigators association) to acquire the property for the
construction of the project through donation or sale or execute a Usufruct Agreement
with the property owner for a period not less than the service life of the project.
1.3.3. MODES OF ACQUISITION
With accordance to Section 4 of RA 10752 and its IRR, the manual provides the
detailed procedures on acquisition of ROW for agricultural and fisheries infrastructure
projects through the following regular modes of acquisition:
14
§ Donation,
§ Negotiated Sale, or
§ Expropriation Proceedings.
However, other modes of acquisition may be explored and considered depending on

the peculiarity of the case, which shall include but is not limited to the following:
§ Acquisition of Properties under Commonwealth Act (CA) No. 141

§ Exchange or Barter
§ Acquisition of Subsurface Right-of-Way
§ Easement of Right-of-Way
§ Acquisition through Easement of Aqueduct
§ Acquisition of Public Lands or Lands under Ancestral Domain
In cases of other modes of acquisition not stated herein but are mandated by existing
laws, applicable provisions of such laws shall be carried out while ensuring compliance
to the provisions of the Right-of-Way Act.
1.3.4. APPROPRIATIONS
As provided by Section 15 of the RA 10752 and its IRR, the government shall provide
adequate appropriations that will allow the concerned IAs/IOs to acquire the required
right-of-way, site or location for national government infrastructure projects in advance
of the project implementation. In order to conduct all necessary activities related to the
ROW acquisition, corresponding appropriations shall be provided which shall include,
but is not limited to the following:
§ Cost of parcellary surveys and appraisal of properties affected by the

infrastructure projects;
§ Compensation for project-affected land, structures, crops, and trees;
§ Cost of development and implementation of resettlement projects.
§ Applicable taxes and fees (e.g. notarial fees, capital gains tax, documentary
stamp tax, transfer tax, registration fees for the transfer of titles, etc.); and
§ Administrative expenses (consultancy, professional, and administrative
services) for right of-way management like preparation of deeds, transfer of
titles, and annotation of deeds.
15
II. ROW ACQUISITION PROCESS
While being consistent with the provisions of RA 10752, the procedures
stipulated herein are customized to the structure and system of implementation
of the DA as the Implementing Agency.
2.1. ROW ACQUISITION OVERALL PROCESSFLOW
The overall process flow for the acquisition of ROW for infrastructure projects
consists several processes as expressed in Figure 1. While there are several
modes of acquisition available, only the three (3) regular modes of acquisition
were considered in the overall process flow as shown.
III ROW ACTION PLAN PREPARATION

The ROWAP preparation stage covers activities prior to the acquisition of ROW such
as the determination and inclusion of the acquisition costs in the annual budgetary
requirement of the IA/IO.
ROWAP contains the estimated budget for all ROW acquisitions costs including
inflation and contingencies, schedule of implementation, and the areas to be acquired.
This procedure is one of the main features of the ROW Process which helps ensure
that ROW acquisition costs are appropriated with necessary budget for
implementation. Shown in Figure 2 is the Process Flow for the Preparation of ROWAP.
To ensure that projects for implementation are shovel-ready, the following timeline is
recommended:
Timeline Activities
2 years prior to project - Preparation of ROWAP and inclusion in the

implementation budget proposal1
1 year prior to project - Validation of ROWAP and implementation of

implementation ROW acquisition activities2
Year of Project - ROW acquisition activities are already settled

Implementation such as the payment of compensation price,
transfer of title, and clearing of ROW prior to
implementation
1
Cost estimates may be prepared by in-house appraisers/ABEs
2
Cost estimates shall be prepared/reviewed/certified by GFI/IPAs
16
Figure 1. Overall Process Flow for ROW Acquisition
17
Identify LAND APPRAISAL
Project Parcellary Survey
BIR Zonal Values
Market Value
Valuate land based

Estimate Cost of
Identify ROW limits on current market
Coordinate with Land
price
project recipients/
local officials/
property owners
ESTIMATION OF REPLACEMENT COST

Conduct BIR Zonal Values
Ground/Parcellary Parcellary Survey Market Value
Survey
Account affected Compute Estimate Cost of
structutures/crops/ Replacement Cost as Structures/Crops
trees per BOQ/BOM /Trees
ROW
Action Plan
Figure 2. Process Flow for the Preparation of ROW Action Plan
Table 1. Procedures, Documents, and Timelines during Preparation of ROWAP
ACTIVITY INPUT OUTPUT TIMELINE
(1) Meeting o Letter of Intent • List of Affected Property Start of

with the o Board Resolution Owners process
Local o Endorsement Letter/s • Validated Proof of
Officials o Map of Service Area Ownership
o Utilization Proposal • Proposed Mode of
o Proof of Ownership of Land Acquisition
(2) Conduct of o List of Affected Property • Parcellary Survey Report Within 30
Ground/ Owners days after
Parcellary o Validated Proof of Ownership conduct of
Survey o Technical descriptions of meeting with
affected lots local officials
o Cadastral maps of affected
land
(3) Land o Parcellary Survey Report • Matrix for Cost Estimates Within 30
Appraisal o Latest Land Valuation Map/ for Land days after
Latest BIR Zonal Valuation/ conduct of
Pricing of land based on tax Ground/
declaration Parcellary
(4) Estimation o Parcellary Survey Report • Matrix for Cost Estimates Survey
of Replace- o List of Structures/Crops/Trees for Structures/Crops/
ment Cost o Latest established market Trees
values of Structures/Crops/
Trees
18
(5) Preparation o List of Affected Property • Right-of-Way Action Plan
of ROWAP Owners (ROWAP) duly certified
Report o Validated Proof of Ownership by the Head of ROW Unit
o Proposed Mode of Acquisition and Head of the IA/IO
o Parcellary Survey Report
o Matrix for Cost Estimates for
Land
o Matrix for Cost Estimates for
Structures/Crops/ Trees
IV ROW ACTION PLAN IMPLEMENTATION

4.1. Regular Modes of ROW Acquisition
4.1.1. ACQUISITION OF ROW THROUGH DONATION
According to Section 5 of the IRR of RA 10752, the IA may explore the mode of
donation of the needed portion or whole of the affected property, i.e., lots with or
without improvements by the property owner concerned which may be a private
individual/corporation or a government agency/corporation.
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. 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 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.
The donation must be accepted by the IA, which shall be indicated in the deed.
The IA shall pay the documentary stamp tax, transfer tax and registration fees, while
the donor shall pay any unpaid real property tax.
19
Other applicable
Project
modes of
Identify feasible?
aquisition No Yes
Project Site
Conduct Pre-
feasibility Study
Parcellary
Survey
List of Owners
Owner Yes With No

Due diligence Yes Request Owner Owner Yes Whole lot
has Structure
analysis on to Donate agrees to to be Prepare RAP
enough s/
subject property Property donate? donated?
property? imprvts?
No
Other applicable No No Prepare Execute

modes of Subdivision Plan Unconditional
aquisition Approved for approval of Deed of Donation
Parcellary Plan DENR-LMB (With/out ADRI)
RAP
ADRI
Permit to Enter
Notice of Clearing
Transfer Pay Taxes and

Title Fees Clear ROW
Deed of Donation TD/RPT arrears

Tax Declaration DST
Tax Clearance Proof of Ownership
Proof of Ownership Transfer Tax
Subdivision Plan Registration Fee Project
Subdivision Plan Implementation
Figure 3. Process Flow for ROW Acquisition through Donation
20
Table 2. Procedures, Documents, and Timelines for ROW Acquisition through Donation
(1) Meeting with o Letter of Intent • List of Affected Within 30 days

the Local o Board Resolution Property Owners upon availability
Officials o Endorsement Letter/s • Validated proof of of the ROW
o Map of Service Area ownership Unit -
o Utilization Proposal Institutional
o Proof of Ownership of Land Development
(2) Due Diligence o List of Affected Property • Proposed Mode of Officer (IDO)
Analysis on Owners Acquisition (Donation)
Subject o Validated proof of
Property ownership
(3) Request o List of Affected Property o Conforme from
Owner to Owners Property Owner for
Donate o Validated proof of the Donation of
Property ownership Property
o Draft Unconditional Deed of o Authenticated proof of
Donation ownership
o At least 2 Valid
Identification Cards
(4) Conduct of o List of Affected Property o Parcellary Survey Within 30 days

Ground/ Owners Report after conduct of
Parcellary o Proof of Ownership of Land meeting with
Survey o Technical descriptions of local officials
affected lots and upon
o Cadastral maps of affected availability of
land surveyors
(5) Validation of o List of Affected Property • Right-of-Way Action Within 30 days
ROWAP Plan Owners Plan (ROWAP) duly after conduct of
o Validated Proof of certified by the Head Ground/
Ownership of ROW Unit and Parcellary
o Proposed Mode of Head of the IA/IO Survey
Acquisition
o Parcellary Survey Report
o Matrix for Cost Estimates
for Land
o Matrix for Cost Estimates
for Structures/Crops/ Trees
o Subdivision Plan duly
approved by DENR-LMB (if
portion of lot to be donated)
o Pre-feasibility study report
(for structures to be
demolished)
(6) Execution of o Right-of-Way Action • Signed and Notarized 7 days after the
Unconditional Plan (ROWAP) Unconditional Deed of approval of the
Deed of Donation ROWAP
Donation o Unconditional Deed of
Donation with ADRI
and permit to enter and
implement project
o Authenticated proof of
ownership
o At least 2 Valid
21
(7) Payment of o Parcellary Survey Report • Tax Clearance 15 days after
Taxes and o Right-of-Way Action Plan • Tax Declaration notarization of
Fees (ROWAP) Deed of
o Notarized Unconditional Donation
Deed of Donation
(8) Transfer of o Notarized Unconditional • Transfer Certificate of Depending on
Title Deed of Donation Title (TCT) in the the processing
o Tax Clearance name of the Republic timeline of the
o Tax Declaration of the Philippines Registry of
o Authenticated Proof of represented by the Deeds
Ownership Head of IO/IA
(9) Clearing of o Notarized Unconditional - Starts after
ROW and Deed of Donation with notarization of
Project permit to enter and Deed of
Implementation implement project Donation and
o Agreement to Demolish ends depending
and Remove Improvements on the
(ADRI) implementation
schedule
indicated in the
contract
4.1.2. ACQUISITION OF ROW THROUGH NEGOTIATION
As provided in Section 6 of the IRR of RA 10752, the IA may acquire through

negotiated sale the required ROW, by offering to the property owner a compensation
price in the sum of the following:
a. the current market value of the land,

b. the replacement cost of structures and improvements therein, and
c. current market value of crops and trees.
To determine the price offer, the IO may procure the technical services of a GFI or an
IPA. The IO may use the GFI/IPA appraisal reports, as duly validated, as one of bases
of IO’s price offer for negotiated sale. The IO is encouraged to develop its in-house
personnel capable of validating appraisal reports.
As computed during the validation of ROWAP, an offer will be negotiated to the

property owner. The property owner is given thirty (30) days from the receipt of the
written offer to decide whether or not to accept the offer as payment to the acquisition
of the property. If the Owner rejects the price offer or fails and/or refuses to submit the
documents necessary for payments within thirty (30) days, expropriation proceedings
may be initiated.
Prior to the conduct of any legal procedures for the sale of the property, the
ROW Unit should have already conducted verification, validation, and
authentication of the property claims involved in the ROW acquisition.
22
For replacement costs of structures and improvements, owners who do not
have legally organized rights to the land may still be considered eligible to avail
the compensation, provided that he/she is:
a. a Filipino citizen;
b. not a professional squatter; and
c. do not own any real property or any housing facility in other areas.
In case of untitled lands, the Owner will be compensated using the same
procedures above, provided that Owner shall present the following:
a. Tax Declaration showing his and his predecessors’ open and continuous
possession of the property for at least thirty (30) years;
b. Certification from the DENR that the land is alienable and disposable;
and
c. Other documents that may show proof of ownership.
23
Other applicable
Identify modes of
Project
Project Site acquisition No feasible? Yes
Conduct of Pre-
feasibility Study
Parcellary Survey
List of Owners Yes
No
With Agree to Yes Execute Deed of
Determine Issue Notice of Agree to Issue Offer Letter
Property Owners
Structure/ Prepare RAP Price Absolute Sale
Taking Sell? Imprvts?
(30-day validity)
(With/out ADRI)
Yes Offer?
No RAP
No
Other applicable
modes of
acquisition
Permit to Enter
ADRI
Notice of Clearing
Project
Clear ROW
Implementation
Pay Property First and Initial

Owner the Transfer Title/ Pay Taxes and Payment to
Second and Annotate Title Fees Property Owner
Final Payment
Notarized DAS TD and RPT arrears Notarized DAS

Notice on Cleared Tax Declaration CGT and DST Proof of
ROW Tax Clearance Transfer Tax Ownership
RP Land Title or TCT/OCT/EP/CLOA Registration Fee
Annotation of Title Subdivision Plan Subdivision Plan
Figure 4. Process Flow for ROW Acquisition through Negotiation
24
Table 3. Procedures, Documents, and Timelines for ROW Acquisition through Negotiated Sale
(1) Meeting with o Letter of Intent • List of Affected Property Within 30 days
Project o Board Resolution Owners upon availability
Proponents/ o Endorsement Letter/s • Validated Proof of of the ROW Unit
Local Officials o Map of Service Area Ownership - Institutional
o Utilization Proposal • Proposed Mode of Development
o Proof of Ownership of Acquisition (Negotiated Officer (IDO)
Land Sale)
(2) Initiation of o List of Affected • Conforme from Property
Negotiation Property Owners Owner for the
o Validated Proof of negotiation
Ownership
o Notice of Taking
(3) Conduct of o List of Affected • Parcellary Survey Within 30 days
Ground/ Property Owners Report after conduct of
Parcellary o Validated Proof of meeting with
Survey Ownership local officials
o Technical descriptions and upon
of affected lots availability of
o Cadastral maps of Surveyors
affected land
(4) Validation of o List of Affected • Right-of-Way Action Within 30 days
ROWAP Property Owners Plan (ROWAP) duly after conduct of
o Validated Proof of certified by the Head of Ground/
Ownership ROW Unit and Head of Parcellary
o Proposed Mode of the IA/IO Survey and
Acquisition upon availability
o Parcellary Survey of GFI/IPA
Report
o Matrix for Cost
Estimates for Land
o Matrix for Cost
Estimates for
Structures/Crops/
Trees
approved by DENR-
LMB (if portion of lot to
be donated)
o Pre-feasibility study
report (for structures to
be demolished)
(5) Negotiation o Right-of-Way Action • Signed Deed of Within 30 days
with the Plan (ROWAP) Absolute Sale from the
Property o Offer Letter • Authenticated proof of issuance of
Owner o Draft Deed of Absolute ownership Offer Letter
Sale • At least 2 Valid
(6) Execution of o Signed DAS • Notarized DAS 7 days after the
Deed of o Authenticated proof of approval of the
Absolute Sale ownership Offer Letter
(DAS) o At least 2 Valid
25
(7) First and Initial o Notarized DAS • Receipt of 50% 5 days after
Payment to the o Authenticated proof of payment for land notarization of
Property ownership • Receipt of 70% DAS
Owner o At least 2 Valid payment for
Identification Cards structures/crops/trees
(8) Payment of o Parcellary Survey • Tax Clearance 30 days after
Taxes and Report • Tax Declaration the first and
Fees o Subdivision Plan initial payment
o Notarized DAS CGT payment
o Authenticated proof of done within 30
ownership days after initial
o At least 2 Valid payment
DST payment
done within 5
days after the
closing of the
month when the
Deed of Sale is
notarized
(9) Transfer/ o Notarized DAS Transfer Certificate of Title Depending on
Annotation of o Authenticated Proof of (TCT)/Annotation at the the processing
Title Ownership timeline of the
o At least 2 Valid back of the Tile (in case of Registry of
Identification Cards segregation) in the name of Deeds
o Tax Clearance the Republic of the
o Tax Declaration
Philippines represented by
the Head of IO/IA
(10) Second and o Notarized DAS • Receipt of remaining 5 days after

Final Payment o TCT 50% payment for land issuance of TCT
to the Property • Receipt of remaining
Owner 30% payment for
structures/ crops/trees
(11) Clearing of o Notarized DAS with - Starts after
ROW and permit to enter and notarization of
Project implement project Deed of
Implementation o Agreement to Donation and
Demolish and Remove ends depending
Improvements (ADRI) on the
implementation
schedule
indicated in the
contract
4.1.3. ACQUISITION OF ROW THROUGH EXPROPRIATION
According to Section 7 of the IRR of RA 10752, whenever it is necessary to acquire

real property for the ROW, site or location for any national government infrastructure
through expropriation, if the property owner refuses or fails to accept the price offer
within thirty (30) days of the IA for negotiated sale or fails and/or refuse to submit the
document necessary for payment, or when negotiation is not feasible, then the
26
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 proceeding by filing a verified compliant before the proper court under
the following guidelines:
a) Upon the filing of the compliant 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:
1. 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, subject to
Section 7(c) of the IRR of RA 10752;
2. The replacement cost at the current market value of the improvements
and/or structures as determined by:
a. the IA;
b. a GFI with adequate experience in property appraisal; and
c. an IPA accredited by the BSP
3. The current market value of crops and trees located within the property
as determined by the government financial institution or an independent
property appraiser to be selected as indicated in Section 6 of the IRR
of RA 10752.
Upon compliance with the above 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.
If within seven (7) working days after the deposit to the court of the amount
equivalent to the sum under items (a)(1) to (a)(3) of Section 7 of the IRR of RA
10752, 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, 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.
b) 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
27
10752 to the court, for benefit of the person to be adjudged in the same
proceeding as entitled thereto.
Upon compliance with the above guidelines, the court shall immediately issue
to the IA an order to take possession of the property.
If within seven (7) working days after the deposit with the court of the amount
10752, 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.
The court shall release the said amount to the person adjudged in the same
expropriation proceeding as entitled thereto.
c) In provinces, cities, municipalities and other areas where there is no land

classification, the city or municipal assessor is hereby mandated within the
period of sixty (60) days from the date of filing of the expropriation case, to
come up with the required land classification and the corresponding declaration
of real property and improvement for the area. In provinces, cities,
municipalities, and other areas where there is no zonal valuation, or where the
current zonal valuation has been in force for more than three (3) years, the BIR
is mandated within the period of sixty (60) days from the date of filing of the
expropriation case, to conduct a zonal valuation for said area, based on the
land classification done by the city or municipal assessor.
d) With reference to item (a)(1) of Section 7 of the IRR of RA 10752, in case the
completion of a government infrastructure project is utmost urgency and
importance, and there is no land classification or no existing zonal valuation of
the area concerned or the zonal valuation has been in force for more than three
(3) years, the IA shall use the BIR zonal value and land classification of similar
lands within adjacent vicinity as the basis for the valuation.
e) In any of the cases in items (a) to (d) of Section 7 of the IRR of RA 10752, upon
its receipt of the writ of possession of the property and start the implementation
of the project.
28
f) 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 (60)
days from 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.
g) With regard to the taxes and fees relative to the transfer of the titles of the
property to the Republic of the Philippines through expropriation proceeding,
the IA shall pay the DST, transfer taxes under RA No. 7160 and registration
fees, while the owner shall pay the CGT, any unpaid real property tax, and all
other applicable taxes under the law.
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.
29
Identify
Project Site
Due diligence
analysis on the
property Court Order
BIR Zonal Valuation
RAP
Seek immediate
issuance of WOP
Release/Deposit to
Prepare RAP
Court's Clerk
No
Notice of Check
Deposit
No
File/Issue Urgent WOP

Issue Order of Yes
Initiate Ex-Parte Motion issued Pay Taxes and
Owner is Expropriation Transfer Title
Expropriation to For Writ of w/in 7 Fees
found? from Court
Proper Court Possesion (WOP) days
TD and RPT arrears WOP
IO's Request Letter CGT and DST Tax Declaration
Court Complaint Yes
Transfer Tax Tax Clearance
Check in the name of Registrtaion Fee Proof of Ownership
owner/court's clerk Subdivision Plan Subdivision Plan
Deposit check WOP
Release Check to Clear ROW
with court in favor Notice of
Owner Clearing
of the owner
Court Order
BIR Zonal Valuation
RAP
Project
Owner Yes Implementation
agrees to
compensati
on?
No
Final Court's Pay Differential to

Determine Just
Decision on Just Owner
Compensation
Compensation (If there's any)
3 Commisioner's
Report
Figure 5. Process Flow for ROW Acquisition through Expropriation
30
Table 4. Procedures, Documents, and Timelines for ROW Acquisition through Expropriation
ACTIVITY INPUT/OUTPUT OUTPUT TIMELINE
(1) Due Diligence o Report on the failure of • Proposed Mode of 30 days after
Analysis on negotiation/Report on Acquisition declaration of
Subject Conflicting Claims/Report on (Expropriation) failure/ non-
Property Non-Claim feasibility of
o Other applicable reports negotiation
where negotiation will not be
feasible
(2) Initiation of o List of Affected Property • Complaint
Expropriation Owners Letter/Request for
Proceedings o Validated Proof of Ownership Expropriation to the
o Validated report on non- proper court
feasibility of negotiation
(3) Issuance and o List of Affected Property • Check amounting to Depending on
Deposit of Owner/s (Clerk of the proper 100% of value of land the processing
Check court in case the land has no and replacement timeline of the
claimant) costs for Court
structures/crops/
trees
(4) Determination o 3 commissioners’ report on • Court Order to Pay Depending on
of Just just compensation the processing
Compensation o timeline of the
(in case the Court
property
owner does
not agree on
price offer)
(5) Payment to o Court Order to Pay Owner • Receipt of 100% 7 days upon
the Property o Authenticated proof of payment for land issuance of
Owner ownership and/or Court Order to
o At least 2 Valid Identification structures/crops/trees Pay
Cards
o Tax Declaration
o Tax Clearance
(6) Filing of o Receipt of 100% payment for • Writ of Possession 7 days upon
Urgent Ex- land and/or structures/crops/ (WOP) payment and
Parte Motion trees filing of urgent
o ex-parte
motion
(7) Payment of o Parcellary Survey Report • Tax Clearance 30 days after
Taxes and o Subdivision Plan • Tax Declaration the first and
Fees o Notarized DAS initial payment
o Authenticated proof of
ownership CGT payment
- At least 2 Valid Identification done within 30
Cards days after
initial payment
DST payment
done within 5
days after the
closing of the
month when
the Deed of
Sale is
notarized
31
(8) Transfer of o Notarized DAS Transfer Certificate of Depending on
Title o Authenticated Proof of Title (TCT) in the name of the processing
Ownership timeline of the
o At least 2 Valid Identification the Republic of the Registry of
Cards Philippines represented Deeds
o Tax Clearance by the Head of IO/IA
o Tax Declaration
(9) Clearing of o Notarized DAS with permit to - Starts after
ROW and enter and implement project notarization of
Project o Agreement to Demolish and Deed of
Implementatio Remove Improvements Donation and
n (ADRI) ends
depending on
the
implementatio
n schedule
indicated in the
contract
4.2. Other Modes of ROW Acquisition
4.2.1. ACQUISITION OF ROW THROUGH EXCHANGE OR BARTER
According to Section 9 of the IRR of RA 10752, instead of being paid with 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. The IA may favorably consider this mode, subject to the provisions of
relevant laws and the following conditions:
a. The exchange shall be done on a “value-for-value” basis, i.e., the properties

being exchanged are equivalent to market value or price;
*If values of properties to be exchanged are not comparable, the size of the
abandoned road/government lot to be exchanged should be adjusted, in
such a way that their values would become almost equivalent.
b. If the government property to be exchanged with the private property was

originally donated by a previous owner, the donation must be verified to
ensure that there is no condition which prohibits the government from
disposing it to other private persons. If the said government property was
originally acquired through sale, the previous owner shall have the first
priority to re-acquire the property if required by law or by the contract or
deed of sale;
32
*If the Deed of Donation states that the property shall be reverted to its
owner/heirs once the government lot is abandoned, then the said property
will not be eligible for exchange, unless the former owners concur with the
arrangement.
** In case of Deed of Absolute, IO shall inform the former owner that his
property will be disposed, and that he, as the original owner, has the first
priority to re-acquire said property (as provided in Section 9 of RA 10752-
IRR). If he decides to re-acquire the said property, then it would become
ineligible for exchange. If he declines, then a waiver should be prepared to
indicate so.
c. Owners of property whose land abut the said abandoned government

property shall not be deprived of access, i.e., egress or ingress; and
d. The private property owner and the IA which are parties to the exchange or
barter agreement shall be subject to applicable CGT and DST in accordance
with BIR rules and regulations.
33
Notarized DAS
Tax Declaration
Tax Clearance Transfer Title
Proof of Ownership
Subdivision Plan
TD and RPT arrears

CGT and DST Permit to Enter
Transfer Tax
Pay Taxes and ADRI
Registration Fee Fees Notice of Clearing
Subdivision Plan
Clear ROW
Other Applicable Execute Deed of

Modes of Approved?
Exchange
Acquisition Yes
No
No Project
Notarized Deed of Exchange
Approval from the OP
Implementation
Approved Parcellary Survey
Eligible for Subdivision Plan
Exchange
? Yes
Identify
Project Site
Endorse Deed
Exchange to Office
Check Deed of Prepare RAP of the President
Parcellary Survey Check Deed of
Sale for approval
TCTs Donation
Deed of Conveyance
BIR Zonal Values
RAP land values
Yes Yes
Gov't Access Yes

Due diligence Gov't Compare values of Values Yes Prepare
No property No served in
analysis on property properties to be compara unconditional
purchased theproperty
subject property donated? exchanged ble? Deed of Exchange
? ?
No No RAP
Provide Access to Adjust the size of

owner of lands government lot
abutting the lot
Figure 6. Process Flow for ROW Acquisition through Exchange
34
Table 5. Procedures, Documents, and Timelines for ROW Acquisition through Exchange
o Utilization Proposal Development
o Proof of Ownership of Officer (IDO)
Land
(2) Due Diligence o List of Affected • Proposed Mode of
Analysis on Property Owners Acquisition (Exchange
Subject o Validated Proof of of Properties)
Property Ownership/Deed of
Conveyance
Exchange Property Owners Owner for the exchange
o Validated Proof of
Ownership/Deed of
Conveyance
o Draft Easement
Agreement
o Technical descriptions and upon the
of affected lots availability of the
affected land
(5) Preparation of o List of Affected • Right-of-Way Action Within 30 days
Report o Validated Proof of certified by the Head of Ground/
Acquisition upon the
o Parcellary Survey availability of the
Report GFI/IPA
o Matrix for Cost
Estimates for Land
o Matrix for Cost
Estimates for
Structures/Crops/
Trees
approved by DENR-
be donated)
be demolished)
(6) Negotiation for o Right-of-Way Action • Signed Easement Within 30 days
Exchange Plan (ROWAP) Agreement from the
o Matrix for Cost • Authenticated proof of negotiation for
Estimates for ownership the exchange of
properties
35
Lands/Properties to • At least 2 Valid
exchanged Identification Cards
o Easement Agreement
(7) Approval of the o Signed Easement • Notice of Approval Depending on

President Agreement from the Office of the the processing
o Authenticated proof of President timeline of the
ownership Office of the
o At least 2 Valid President
o
(8) Execution of o Signed Easement • Notarized Easement 7 days after
Easement Agreement Agreement signing of the
Agreement o Authenticated proof of Easement
ownership Agreement
o At least 2 Valid
(9) Payment of o Notarized Easement • Receipt of 100% 5 days after

compensations Agreement payment for notarization of
costs for o Authenticated proof of structures/crops/trees agreement
structures/ ownership
crops/trees o At least 2 Valid
(10)Payment of o Parcellary Survey • Tax Clearance 30 days after
Taxes and Report • Tax Declaration the first and
Fees o Subdivision Plan initial payment
o Notarized DAS
o Authenticated proof of CGT payment
ownership done within 30
o At least 2 Valid days after initial
Identification Cards payment
DST payment
done within 5
days after the
closing of the
month when the
Deed of Sale is
notarized
(11)Transfer of o Notarized DAS Transfer Certificate of Title Depending on

Title o Authenticated Proof of (TCT) in the name of the the processing
Ownership timeline of the
o At least 2 Valid Republic of the Philippines Registry of
Identification Cards represented by the Head of Deeds
o Tax Clearance IO/IA
o Tax Declaration
(12) Clearing of o Notarized DAS with - Starts after
ROW and permit to enter and notarization of
Project implement project Deed of
Implementation o Agreement to Donation and
Demolish and Remove ends depending
Improvements (ADRI) on the
implementation
schedule
indicated in the
contract
36
4.2.2. ACQUISITION OF ROW THROUGH EXECUTION OF QUIT CLAIM
With accordance to Section 8 of the IRR of RA 10752, in cases of lands granted

through CA No. 141, dated 07 November 1936, known as the Public Land Act, and its
amendments, the IA shall:
a. Follow the other modes of acquisition enumerated in the Act and IRR, if the
landowner is not the original patent holder and any previous acquisition of
said land is not gratuitous title; or
b. Follow the provisions under CA No. 141 regarding acquisition of ROW on
patent lands, if the landowner is the original patent holder or the acquisition
of the land from the original patent holder is through gratuitous title.
With respect to paragraph (b) above, 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 damaged to
improvements only. CA No. 141 was amended by the Presidential Decree (PD) No.
635, dated 07 January 1975, which increased the ROW strip reserved for public use
to 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. 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 as determined in accordance with Section 6.6 of the IRR of RA 10752. 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
proceeding to acquire immediate possession of the property.
PD No. 1381 also allows the government to utilize the reserved ROW strip for
temporary buildings for Resident and/or Project Engineers needed in the prosecution
of an infrastructure project. Once the infrastructure project is completed and the
temporary buildings used by the Resident/Project Engineers are no longer needed,
the possession of the portion of property used for the building shall revert to the title
holders.
The IA shall extend financial assistance to property owner in accordance with the
provisions of Executive order No. 1035, series of 1985.
37
Other appicable Yes
No Project
modes of
acquisition Feasible?
Identify
Project Site
Conduct Pre-
Parcellary Survey Report
TCTs
feasibility Study
Parcellary Deed of Conveyance
Survey BIR Zonal Values
RAP land values Yes
List of Owners
Owner is Acquired Lot with Issue Offer Letter

Due diligence Yes With
Determine the original Yes
through previous No
Issue Notice of for Structures/
analysis on improve- Prepare RAP
Crops/Trees
Property Owners patent gratuitous Quit Taking
subject property ments?
holder? title? Claim?
Yes
No No
o
No No No
Other appicable Agree to Agree to
Proceed to
modes of Quit Price
Proper Court
acquisition Claim? Offer?
Permit to Enter Yes Yes

ADRI/Notice of
Clearing
RAP
Annotate
Execute Quit
Project Quit Claim at
Clear ROW Claim Deed
Implementation the back of
(with/out ADRI)
the title
Pay Property Pay Property

Owner the Second Owner First and
and Final Payment Initial Payment
Notice on Cleared ROW Notarized DAS

RP Land Title or Proof of Ownership
Annotation of Title Valid IDs
Figure 7. Process Flow for ROW Acquisition through Execution of Quit Claim
38
Table 6. Procedures, Documents, and Timelines for ROW Acquisition through Quit Claim
o Utilization Proposal Development
o Proof of Ownership of Officer (IDO)
Land
Analysis on Property Owners Acquisition (Exchange
Subject o Validated Proof of of Properties)
Property Ownership/Deed of
Conveyance
Quit Claim Property Owners Owner for the exchange
Ownership/Deed of
Conveyance
o Notice of Taking
o Technical descriptions and upon the
of affected lots availability of
affected land
(5) Validation of o List of Affected • Right-of-Way Action Within 30 days
o Validated Proof of certified by the Head of Ground/
Acquisition upon the
o Parcellary Survey availability of
Report GFI/IPA
o Matrix for Cost
Estimates for Land
o Matrix for Cost
Estimates for
Structures/Crops/
Trees
approved by DENR-
be donated)
be demolished)
(6) Execution of o Quit Claim Deed • Signed and Notarized 7 days after
Quit Claim o Authenticated proof of Quit Claim Deed Approval of
ownership ROWAP
o At least 2 Valid
39
(7) First and Initial o Notarized Quit Claim • Receipt of 70% 5 days after
Payment to the Deed payment for notarization of
Property o Authenticated proof of structures/crops/trees deed
Owner ownership
o At least 2 Valid
(8) Clearing of o Notarized Quit Claim - Starts after
ROW and Deed notarization of
Project o Agreement to Deed of
Implementation Demolish and Remove Donation and
Improvements (ADRI) ends depending
on the
implementation
schedule
indicated in the
contract
(9) Second and o Notarized Quit Claim • Receipt of remaining 5 days after
Final Payment Deed 30% payment for completion of
to the Property structures/ crops/trees ROW Clearing
Owner
4.2.3. ACQUISITION OF ROW THROUGH EASEMENT OF RIGHT-OF-WAY
In accordance to Section of 10 of the IRR of RA 10752, 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 in accordance with Section 6.6 of the IRR of RA 10752. Entry by the IA
to the acquired property may be affected 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 agreement with the Register
of Deeds concerned within ten (10) days from the date of their execution. The Register
of Deeds shall annotate on the respective titles the agreements within seven (7) days
from receipts thereof.
40
41
Table 7. Procedures, Documents, and Timelines through Easement Agreement
Project o Board Resolution Owners upon approval
Proponents/ o Endorsement Letter/s • Validated Proof of of NEP
Local Officials o Map of Service Area Ownership
o Utilization Proposal
o Proof of Ownership of
Land
Analysis on Property Owners Acquisition
Subject o Validated Proof of a) Subsurface
Property Ownership/Deed of Easement
Conveyance b) Easement of
o Technical description Aqueduct
of site or location to be c) Easement
acquired (depth ≥≤50 Agreement for
meters) Lands under
Ancestral Domain
Easement Property Owners Owner for the exchange
Ownership/Deed of
Conveyance
o Notice of Taking
(4) Preparation of o List of Affected • Right-of-Way Action Within 30 days
Report o Validated Proof of certified by the Head of Ground/
o Proposed Mode of the IA/IO Survey
Acquisition
o Parcellary Survey
Report
o Matrix for Cost
Estimates for Land
o Matrix for Cost
Estimates for
Structures/Crops/
Trees
approved by DENR-
be donated)
be demolished)
(5) Execution of o Easement Agreement • Signed and Notarized 7 days after
Easement o Authenticated proof of Easement Agreement Approval of
Agreement ownership ROWAP
o At least 2 Valid
42
(6) First and Initial o Notarized Easement • Receipt of 70% 5 days after
Payment to the Agreement payment for notarization of
Property o Authenticated proof of structures/crops/trees deed
Owner ownership
o At least 2 Valid
(7) Annotation of o Notarized Easement • Proof of Ownership of Depending on
Agreement at Agreement the land with annotation the processing
the Back of the o Authenticated Proof of of the agreement at the timeline of the
Title Ownership back Registry of
o At least 2 Valid Deeds
o Tax Clearance
o Tax Declaration
(8) Clearing of o Notarized Easement - Starts after
ROW and Agreement notarization of
Project o Agreement to Deed of
Implementation Demolish and Remove Donation and
Improvements (ADRI) ends depending
on the
implementation
schedule
indicated in the
contract
(9) Second and o Notarized Easement • Receipt of remaining 5 days after
Final Payment Agreement 30% payment for completion of
to the Property structures/ crops/trees ROW Clearing
Owner
4.2.3.1. ACQUISITION OF SUBSURFACE RIGHT-OF-WAY
As indicated by Section 11 of the IRR of RA 10752, 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 authorize 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 more than fifty (50) meters from the surface.
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:
a. Negotiate with property owner a perpetual easement of ROW for the

subterranean portions of his property required by the project; and
43
b. 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.
To assist the IA in determining (a) the appropriate price offer for the perpetual
easement of the ROW under Section 11a of the IRR of RA 10752 or (b) the appropriate
price offer for the entire affected land including structures, improvement, crops and
trees under Section 11b of the IRR of RA 10752, the IA may engage the services of a
GFI or an IPA, in accordance with the procedure provided in Section 6 of the IRR of
RA 10752. The easement price under Section 11a of the IRR of RA 10752 shall be
twenty percent (20%) of the market price of the land.
The IA shall follow the other rules for negotiated sale provided in Section 6 of the IRR
of RA 10752.
4.2.3.2. ACQUISITION THROUGH EASEMENT OF AQUEDUCT
This mode applies when there is a need to make the water flow through an intervening
land property to make use of the said water for irrigation or improvement. Figures 8
shows the process flow of acquiring ROW using the Easement Agreement. According
to Chapter 2, Section 2, Article 640 of the Civil Code, compulsory easements for
drawing water or for watering can be imposed only for reasons of public use in favor
of a town or village, after payment of the proper indemnity, provided that the IA/IO will:
a. Prove that the water can be disposed and sufficient use for what it is intended;
b. Propose the Right-of-Way in the most convenient and the least burden to the
property owner; and
c. Compensate the owner of servient state in the manner determined by the laws
and regulations.
Moreover, according to Articles 644-647 of the Civil Code, the following shall apply:
a. The easement of aqueduct for private interest cannot be imposed on buildings,

courtyards, annexes, or outhouses, or on orchards or gardens already existing.
b. The easement of aqueduct does not prevent the owner of the servient estate
from closing or fencing it, or from building over the aqueduct in such manner as
not to cause the latter any damage or render necessary repairs and cleanings
impossible.
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c. For legal purposes, the easement of aqueduct shall be considered as
continuous and apparent, even though the flow of water may not be continuous
as it depends on the need the dominant estate.
d. One who for the purpose of irrigating or improving his estate, has to construct
a stop lock or sluice gate in the bed of the stream from which the water is to be
taken, may demand that the owners of the banks permit its construction, after
payment of damages, including those caused by the new easement to such
owners and to the other irrigators.
With accordance to Section 31 of the Water Code of the Philippines and its amended
IRR, all easements of the public use prescribed for the banks or rivers and the
shores of seas and lakes shall be reckoned from the line reached by the highest
flood which does not cause inundation or the highest equinoctial tide whichever is
higher. Any construction or structure that encroaches into such easement shall be
ordered removed by the Board in coordination with DPWH, LGU or appropriate
government agency.
4.2.3.3. ACQUISITION OF LAND UNDER ANCESTRAL DOMAIN
Pursuant to Section 9, Article III of the 1987 Constitution, DPWH issued Department
Order (D.O.) No. 43 – “Guidelines for Right-of-Way (ROW) Acquisition and Payment
of Ancestral Domains affected by the Implementation of National Government
Infrastructure Projects” stating that private property shall not be taken for public use
without just compensation, and the recognized rights of Indigenous Cultural
Communities (ICC) or Indigenous Peoples (IP) under Republic Act No. 8371 (R.A. No.
8371), otherwise known as "The Indigenous Peoples Rights Act (IPRA) of 1997"
As stated in the D.O. No. 43, easement of right-of-way is the most convenient and
practicable mode for the acquisition of ancestral domains among the modes of ROW
acquisition mentioned in Republic Act No. 10752. Under the mode of acquiring
easement of right-of-way, upon execution of ROW easement agreement, the owner
will grant the Implementing Agency the right to use the affected portion of the lot as
ROW but the owner retains the ownership thereof, which is consistent/compatible with
the nature of the ancestral domains as community property of ICCs and IPs that cannot
be sold, disposed or destroyed, and guarantees their right to return to their ancestral
domains in case the Implementing Agency will no longer need the land for Agri-
Infrastructure Projects.
45
4.3. Special Cases
4.3.1. ROW ACQUISITION OF MORTGAGED PROPERTIES
In case of mortgaged properties which may still not be available upon the
preparation of Deed of Absolute Sale, the release of the property from mortgage
is required before the execution of a Negotiated Sale. The following procedures
should apply:
1. Obtain copy of mortgage documents; mortgage property should be
settled first by the owner to proceed for negotiation. Then, prior to
issuance of letter offer or within 30 days from issuance of letter offer.
2. Otherwise, proceed to Expropriation Proceedings.
4.3.2. ROW ACQUISITION OF UNTITLED LANDS
In case of untitled lands, which could be further verified through obtaining

official statements from the Registry of Deeds certifying that land is indeed
untitled, the IO may execute a Deed of Absolute Sale with the apparent owner
of the property provided that proof of ownership can be established upon
submission of the ff documents:
1. Tax Declaration for Land, with Official Receipt (OR), from the Office of
the Assessor showing his and his predecessors’ open and continuous
possession of the property for at least thirty (30) years;
2. Certification from the DENR-LMB that the land is alienable and
disposable.
3. Other documents that may show proof of ownership.
In case of failure of the apparent owner to establish ownership over the land,
but where improvements are introduced thereon, consider the apparent
property owner for compensation for the improvements subject to Section 6.8
of the IRR of RA 10752.
4.3.3. ROW ACQUISITION WHEREIN THE LANDOWNER IS DECEASED
In case that the owner of the lot to be acquired is be found to be deceased, the
heirs shall be required to consolidate their ownership of the property either thru
court proceedings or through an extra-judicial settlement subject to the
provisions of Rule 74 of the Rules of Court. Once consolidated, ROW
46
acquisition may proceed through either of the available modes depending on
the interest and decision of the heirs. Obtaining a copy of the Court Proceedings
or Extra-Judicial Settlement is necessary.
4.3.4. ROW ACQUISITION WHEREIN THE LANDOWNER IS A

CORPORATION/PARTNERSHIP/ASSOCIATION
In case that the landowner of the lot to be acquired is found to be a

corporation/partnership, authorization of representatives to enter into an
agreement with the IO shall be required. As per Ministry Order 65, series of
1983, a certified copy of the notarized Board Resolution and Secretary’s
Certificate shall be issued, authorizing any of the officers in case of a
Corporation and the Managing Partner in case of Partnership, to execute the
corresponding Deed of Conveyance. Once the authorization is validated, ROW
acquisition may proceed through either of the available modes depending on
the interest and decision of the authorized officials.
4.3.5. ROW ACQUISITION WHEREIN THE PROPERTY IS UNDER

GUARDIANSHIP
In case that the landowner of the lot to be acquired is found to be under

Guardianship or Administratorship, a Letter of Administratorship and/or
Guardianship shall be required as part of the Deed of Conveyance, which
should be first approved by the proper court before it is perfected. Once
executed, ROW acquisition may proceed through either of the available modes
depending on the interest and decision of the landowner through its
Administrator/Guardian.
4.3.6. ROW ACQUISITION OF LANDS WITH ATTORNEY-IN- FACT

REPRESENTATION
In case that the landowner of the lot to be acquired is found to be represented

by an Attorney-in- Fact, a corresponding Special Power of Attorney (SPA)shall
be executed and be made an integral part of the Deed of Conveyance In case
the property owner is residing outside the country, the SPA shall be duly
attested by the Philippine Consulate of the country where the owner is located.
Once executed, ROW acquisition may proceed through either of the available
modes depending on the interest and decision of the landowner through its
representative.
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4.3.7. ACQUISITION OF LANDS WHEN THERE ARE NO CLAIMANTS
In case that the land to be acquired is found to have no claimant, it is necessary

to notify the public that the land is subject to expropriation proceedings, through
publishing an announcement through a national newspaper once a week for
three (3) consecutive weeks and posting in 3 conspicuous places in the
province/city/municipality where the property is located.
a. If a claimant heeds to the publication, obtain the necessary proofs of
ownership and proceed to either of the available modes of ROW
acquisition depending on the interest and decision of the claimant;
b. If no claimant appears after the publication period, expropriate the
property in the name of John/Jane Doe. See the procedures for the
Expropriation Proceedings.
ROW acquisition shall only commence after the public notification and the land
still appears to have no claimant.
4.3.8. ROW ACQUISITION OF LANDS WHOSE OWNERS HAVE NO LEGAL

RIGHTS
The provisions of Section 6.6 of the IRR of RA 10752 pertaining to the

replacement cost of structures and improvements shall also apply to all owners
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:
a. Must be a Filipino citizen;
b. Must not own any real property or any other housing facility, whether in
an urban or rural area;
c. Must not be a professional squatter or a member of a squatting
syndicate, as defined in RA 7279, otherwise known as the “Urban
Development and Housing Act of 1992.”; and
d. Must not occupy an existing government ROW.
As defined in RA 7279, Squatting Syndicate refers to a group of persons

engaged in the business of squatter housing for profit or gain. The term shall
not apply to individuals or groups who simply rent land and housing from
48
professional squatters or squatting syndicates. “Professional Squatters” shall
then refer to:
a. Individuals or groups who occupy lands without the express consent of

the landowner and who have sufficient income for legitimate housing, as
identified by the proper Local Inter-Agency Committee (LIAC) with the
assistance of the Urban Poor Affairs Office (UPAO); or
b. Persons who have previously been awarded home lots or housing units
by the Government but who sold, leased or transferred the same to settle
illegally on a different home lot or housing unit but in the same place or
in another urban area, and non-bona fide occupants and intruders of
lands reserved for socialized housing.
To complement the four criteria mentioned in the first paragraph of its Section 6.8 of
the IRR of RA 10752, the owner and occupant of the structure or improvement
must show a proof of ownership of the structure/improvement, e.g., a
certification from the Barangay concerned.
With regard to informal settler families who are classified as underprivileged

and homeless citizens as defined in RA No. 7279 and not qualified under the
above criteria, entitlement for relocation pursuant to RA No. 7279 in accordance
with Section 14 of RA 10752-IRR shall be considered.
4.3.9. OUTSTANDING ROW CLAIMS FOR COMPLETED PROJECTS
With accordance to Section 6.11 of the IRR of RA 10752, also accordance with
Section 5 of the Act, the provisions of Section 6.1 of the IRR of RA 10752 shall
also apply to outstanding claims for right-of-way payments, except that the
amount to be the price at the time of taking of the property, including legal
interest until fully paid, subject to the transitory provision in Section 19 of the
IRR of RA 10752.
4.3.10. ACQUISITION OF LAND UNDER COMMUNITY BASED FOREST

MANAGEMENT AGREEMENT (CBFMA)
In case of lands subjected to tenurial security as provided by the Community

Based Forest Management Agreement (CBFMA) with the DENR, provisions of
the said agreement shall be reviewed and complied during ROW acquisition
activities. Additional requirements as per agreement or during coordination with
concerned offices shall be secured prior to ROW acquisition.
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V MANAGEMENT OF ROW
5.1 Preparation of ROW Acquisition Completion Report
Once the acquired lands have been cleared of all structures, other
improvements, and utilities, the ROW Status Report shall be prepared within
30 days, by the ROW and noted by the Head of the implementing office. The
ROW Unit shall archive the report in the ROW database including the following
attachments:
a. ROWAP
b. Parcellary Survey Report
c. TCTs in the name of the Government
d. Other Attachments such as court proceedings (for expropriated
properties, copies of the ADRI, and other pertinent documents)
5.2 Management of Titles of Acquired ROWs

Upon the transfer of ownership of acquired lands in the name of the Republic
of the Philippines (Implementing Office/Agency), a copy of the title shall be
secured from the Registry of Deeds. Important title information such as but not
limited to the technical descriptions, area of property, location, and other
pertinent data shall be incorporated in the ROW Database for archiving and
future referencing. The Records Division and the ROW Unit shall certify the
correctness of the scanned copies before sending the original documents to the
National Archive.
For monitoring purposes, scanned copies should also be submitted to the IA

through the BAFE. The BAFE shall then develop and maintain a database of
acquired ROWs of the DA as the implementing agency.
5.3 Monitoring of Acquired ROWs

The procedures on proper management of ROWs will be applicable to both
existing and newly acquired lands or properties. To ensure sustainable
monitoring of ROWs, preparation of reports is encouraged. Monthly Report on
Management of ROW shall include full disclosure of the field situation, actions
taken to address problems (if any), the result of these actions, and description
on the status of the ROW, in terms of encroachment. Inclusion of photographs
of problem areas is also necessary to properly document the report.
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In case of informal settling within acquired ROWs, the following activities may
be undertaken:
a. Validation of the observed encroachment through verification of proof of

ownership, checking if settlers are occupying a portion within the limits
of the ROW as per As-built ROW Plan,
b. Documentation of the observed encroachments or informal settling;
c. Request for assistance to the corresponding LGU in eliminating such
unlawful encroachments;
d. Issuance of official notification to informal settlers providing them at most
thirty (30) days to vacate the property;
e. Coordination with the PNP for scheduling of demolition;
In executing eviction or demolition involving “underprivileged and homeless

citizens”, provisions as stipulated in Urban Development and Housing Act of
1992, otherwise known as R. A. 7279 shall be complied with.
Prior to the conduct of the above-stated activities, preparation of an ROW

Management and Action Plan (RMAP) for clearing the ROW is necessary. The
RMAP must include the following:
a. Received copies of all communications (notices, letters, etc.) sent to the

encroachers;
b. Photographs of encroaching structures with captions indicating the exact
location of the structure such as lot number, street name, barangay,
city/municipality;
c. Map/Plan showing the boundaries of the ROW and indicating the
encroached portions;
d. Summary of actions taken;
e. Proof of coordination with proper authorities such as the LGUs, NHA,
etc. such as letters, MOAs, MOUs;
f. Planned schedule for demolishing and clearing the ROW;
g. For “legal” encroachments, request property owner for copies of title/tax
declaration, and attach these to the RMAP.
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VI PROCEDURES FOR SUB-PROCESSES
6.1. Appraisal Services of GFIs and IPAs
As provided in Section 6.2 of the IRR of R.A. 10752, the IO may engage the services
of either a GFI or an IPA in determining the appropriate price offer for the acquisition
of ROW through negotiated sale.
6.1.1. ENGAGEMENT OF SERVICES OF GFIS AND IPAS
A. Use of GFIs and IPAs
To determine the appropriate price offer for the acquisition of ROW through
negotiated sale, the IO may engage the services of either of the following,
taking into consideration efficiency, economy and the need of the IO to facilitate
the implementation of government infrastructure projects:
a. A GFI with adequate experience in property appraisal to be selected

by the IA through a competitive process; or
b. An IPA accredited by:
§ The BSP or
§ A professional association of appraisers recognized by BSP.
The IPA shall be procured by the IO under the provisions of RA No. 9184,
otherwise known as the “Government Procurement Act,” and its IRR pertaining
to consulting services.
For this purpose, the BSP and the professional association of appraisers shall
provide their lists of IPAs upon request of the IO. The BSP and the professional
association of appraisers shall not be accountable for any acts of the IPAs
stated in the list.
Whenever applicable, priority shall be given to the engagement of the services

of a GFI.
The IO may use the appraisal reports of the GFI or IPA as one of the bases of
the IO’s price offer for negotiated sale, consistent with the standards for
assessment under Section 12 of the IRR. For this purpose, the IO is
encouraged to develop its in-house personnel capable of validating appraisal
reports.
52
6.1.2. TERMS OF REFERENCE FOR GFIS AND IPAS
As basis for the engagement of the services of a GFI or IPA, the IO shall
prepare the TOR for the services. In preparing the TOR, the IO may consult the
GFI in case of services to be provided by the latter. A sample TOR is shown in
Annex X.
a. Engagement of GFIs
If the IO decides to engage the services of a GFI, the IO shall enter into a
MOA with the GFI in accordance with the following conditions:
§ The GFI is capable and has adequate experience to undertake the
property appraisal services required by the IO;
§ The GFI must actually undertake the appraisal by administration
using its own in-house manpower and resources; and
§ The IO/shall pay the GFI an appropriate fee for its appraisal services
in accordance with the terms of the MOA.
b. Procurement of IPAs
If the IO decides to engage the services of an IPA to determine the

appropriate price of a property to be offered to the property owner through
negotiated sale under Section 6 of the IRR, the IO shall procure the IPA in
accordance with the rules and procedures for the procurement of consulting
services under RA No. 9184 and its IRR.
An IPA must meet the following criteria to qualify for the consulting services:
§ The IPA must be in the list of the BSP or of a professional association

of appraisers recognized by the BSP, provided that IPAs not yet
included in the list shall not be barred from joining the procurement
for such services and provided further that prior to award of the
contract, such IPAs shall be required to submit a proof that they are
already included in the list; and
§ The IPA must comply with the experience and other implementing
agency eligibility requirements provided in RA No. 9184 and its IRR,
including the registration and license required for a Real Estate
Appraiser.
53
6.1.3. SCOPE, LEVEL, AND BASIS OF APPRAISAL
Scope
Appraisal shall cover the three elements of real property needed for ROW: (a)
Land, (b) Structures, and (c) Crops and Trees. Based on RA 10752 and its
IRR, for negotiated sale, the appraisal shall consider the following aspects of
valuation of the property:
a. Current fair market value of land;

b. Replacement cost of structures; and
c. Current fair market value of crops and trees.
Basis
The DA, as the Implementing Agency, recommends to its Implementing Offices

the engagement or procurement of duly acknowledged property appraisers
(GFI or an IPA) to determine the appropriate price offer.
Aside from the DPWH Standards for Estimating Civil Works, the engaged or
hired GFI/IPA may as well use applicable provisions of the valuation standards
adopted by the Professional Regulatory Board of Real Estate Service under the
Professional Regulation Commission (PRC).
6.1.4. APPRAISAL OF LAND
To facilitate the determination of the market value of the property/land for land
appraisal or assessment for negotiated sale, the following relevant standards
shall be observed:
§ The classification and use of land based on the latest land use plan
and/or zoning ordinance of the LGU concerned;
§ The development cost for improving the land based from the records and
estimates of similar or comparable lands of the LGU Assessor’s Office,
the GFI, or the IPA;
§ The value declared by the owners obtained from the latest Tax
Declaration Certificates or Sworn Statements;
§ The current selling price of similar or comparable lands in the vicinity
based from the latest records on Deeds of Sale for similar lands in the
office of the Register of Deeds concerned;
§ The replacement cost of improvements at current market prices;
54
§ The size, shape or location, tax declaration and zonal valuation of the
land based from the latest records on Deeds of Sale in the Register of
Deeds, tax declaration by the City or Municipal Assessor, zonal valuation
of the BIR for comparable properties;
§ The price of the land as manifested in the ocular findings, oral as well as
documentary evidence presented; and
§ Such facts and events so 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.
When there is a difference in the market value determined by the BIR, on

one hand, and the market value determined by the GFI/IPA, on the other,
the IO shall adopt whichever is higher of the two estimated market values.
6.1.5. APPRAISAL OF STRUCTURES
In terms of Replacement Cost of a structure, calculation shall be based from

the current market prices of materials, equipment, labor, contractor’s profit and
overhead, and all other attendant costs associated with the acquisition and
installation of a similar type of structure in replacement of the affected structure.
If the affected structure has been damaged, then the Replacement Cost should
be based on the pre-damaged condition of that structure.
If the IO shall directly determine the Replacement Cost of structure, the

following guidelines derived from DPWH standards for estimating civil works
costs shall be used.
The Estimated Direct Cost (EDC) shall include the following:
a. Current Market Cost of Materials at source including its processing,

royalties and taxes, hauling, handling, storage, and materials
allowance for waste/losses of 5% of the total requirement;
b. Current Market Cost of Labor which includes salaries and wages
within the limits set by DOLE and all fringe benefits applicable; and
c. Equipment Expenses which includes rental of equipment commonly
based on the current Associated Construction Equipment Lessors,
Inc. (ACEL) and mobilization/demobilization at 1% of the EDC of the
civil work items.
55
The Estimated Indirect Cost shall include the following:
a. Overhead Expenses such as engineering and administrative

supervision expenses, transportation allowances, insurances, and
bonds;
§ not exceeding 11% of the EDC
b. Contingencies and Miscellaneous not exceeding 4% of the EDC;
c. Contractor`s Profit Margin
§ not exceeding 8% of the EDC if EDC is more than PhP 5 Million
§ not exceeding 10% of the EDC if EDC is below PhP 5 Million
d. Value Added Tax (VAT) Component of the sum of the EDC,
Overhead, Contingencies, Miscellaneous, and Profit.
§ 5% for properties owned by government agencies
§ 12% for properties owned by a private party
In all cases, the Estimated Indirect Costs shall not exceed the following
limits:
Table8. DPWH Limits for Estimated Indirect Costs
Estimated Direct Cost OCM Profit

(EDC) (% of EDC) (% of EDC)
Up to PhP 5M 12 10
Above PhP 5M to PhP 50M 9 8
Above PhP 50M to PhP 150M 7 8
Above PhP 150M 6 8
For projects that have undergone Feasibility Study, the estimated replacement
cost of structures may be based on benchmark unit costs derived from industry
standards and accepted by the DPWH – e.g., cost/square m of floor area of
house or building (IRR Sec. 15).
For projects with Detailed Engineering Design, the estimated replacement cost
shall be based on detailed estimates, including Bill of Materials/Bill of Quantities
(IRR Sec. 15). In case the IO appraisers are not allowed by the owner to enter
the property for purposes of estimating the replacement cost of structures, the
IO shall secure from the owner a waiver to the effect that the valuation of the
structures may not comply with the definition of replacement cost in the law due
56
to the inability of the appraisers to access the property. If the owner does not
issue such a waiver, the IO shall get a certification from the Barangay
Chairperson to this effect. The IO shall then make a reasonable estimate of the
replacement cost based on visible physical features of the structures and other
relevant data.
In case the ROW acquisition is considerably delayed or there is an abnormal

increase in prices after the replacement cost has been estimated, the original
replacement cost estimates should be updated to reflect the present market
prices.
6.1.6. APPRAISAL OF CROPS/TREES
Appraisal of the crops and trees may be conducted using the latest applicable
established market values of the following entities, as may be applicable:
a. DA for crops;
b. Philippine Coconut Authority (PCA) for coconut trees;
c. DENR for perennials and timber trees;
d. Department of Finance (DOF); and
e. LGUs, Assessor’s Offices, for individual trees.
6.2. Determination of Capital Gains Tax and other Taxes and Fees
Upon agreement on the specific mode of acquisition to be used for the ROW,
the payment terms for taxes and fees may differ.
a. For ROW acquisition through Donation, the IO shall pay for the DST,
Transfer Tax, and Registration Fees while the Owner shall pay for
any Unpaid Real Property Tax;
b. For ROW acquisition through Negotiated Sale, the IO shall pay for
the CGT, DST, Transfer Tax, and Registration Fees while the Owner
shall pay for any Unpaid Real Property Tax;
c. For ROW acquisition through Expropriation Proceedings, the IO shall
for the DST, Transfer Tax, and Registration Fees while the Owner
shall pay for any Unpaid Real Property Tax and CGT
57
Table 9. Responsible Parties for Payment of Taxes and Fees
Tax/Fee Office Donation Negotiated Sale Expropriation
CGT BIR -n/a- Owner Owner
(IO pays
for account of
Owner)
DST BIR IO IO IO
Transfer Tax Provincial/City IO IO IO
Treasurer’s
Office
Registration Registry of IO IO IO
Fee Deeds
RPT LGU Owner Owner Owner
(IO advances (may be deducted

funds if Owner from the
is unable) compensation price)
Notarial Fee Notary Public IO IO IO
Upon the request of the property owner, the IO shall remit to the concerned
LGU the amount corresponding to any unpaid real property tax, subject to the
deduction of this amount from the total compensation price, provided that the
said amount is not more than the total compensation price.
On the other hand, the CGT shall be remitted to the BIR by the IO in case of
negotiated sale and by the Owner in case of expropriation proceedings. The
CGT shall be based on the actual consideration in the Deed of Sale, as
expressed below:
AC = NAC + CGT
Where: AC = Actual Consideration indicated in the Deed of Sale to be

appropriated and paid out by the IA for the negotiated sale
58
NAC = Net Actual Consideration or Compensation Price as offered
by the IO to the owner in accordance with Section 6.1 of this IRR,
net of CGT, and
CGT = Capital Gains Tax, expressed as % of AC, to be paid by the

IA to the BIR for the account of the owner.
Since: CGT = x% of AC
Then: NAC = AC – CGT

= 100% AC – x% AC
= AC (100% - x%)
Therefore: AC = NAC / (100% - x%)
Below is an illustrative example in computing the AC, NAC and CGT for a
hypothetical property affected by a ROW to be acquired through negotiated
sale.
§ The Net Actual Consideration offered by the IO to Owner as identified by

GFI/IPA and as approved by the IO is P1,000,000.00. The Applicable Capital
Gains Tax is 6%.
o The net amount to be paid to owner is

NAC = P1,000,000.00
o The gross amount to be appropriated by the IO is

AC = NAC / (100% - x%)
= P1,000,000 / (100%-6%)
= P1,063,830.00
o The CGT to be paid by the IA to the BIR for the account of the owner
CGT = 6% of gross amount
= P63,830.00
6.3. Execution of Deed of Sale
A DAS shall be executed after the property owner agrees on the price offered
by the IO. For the processing of the DAS, the following documents should be
secured:
59
a. Owner’s duplicate of the Original/Transfer Certificate of Title (IO must
validate this with the Register of Deeds copy of the OCT/TCT in the
IO’s possession)
b. Tax Declaration of parcel
c. Tax Declaration of improvements (except for informal settler (IS)-
owners)
d. Subdivision Plan of the parcel
e. Tax Clearance or, if the landowner requests the IO to advance the
payment of Real Property Taxes to be deducted from the payment, a
Statement of Tax Account from the Treasurer of the LGU concerned
f. Copies of two (2) valid identification cards
g. Owner’s Taxpayer Identification Number (TIN)
h. If applicable, where the improvement owner is different from lot owner
and is authorized to build on the land, a certification from the lot owner
that the improvement built therein is owned by the improvement owner
i. If applicable, where the improvement owner is an informal settler, any
document showing that he is a Filipino citizen; a certification from the
Land Registration Authority that there is no property registered under
his name, whether in an urban or rural area; a certification from the
Local Inter-Agency Committee (LIAC) that he is not 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 does not occupy an existing government
ROW.
j. If applicable, Special Power of Attorney
k. Other documents that may be found necessary by the IO to ensure
transfer of the property to the Republic
6.4. Schedule of Payments
Upon the execution of a Deed of Sale, the IO shall pay the property owner the
Initial Payment as scheduled below:
§ Fifty percent (50%) of the negotiated price of the affected land,

exclusive of the payment of unpaid taxes remitted to the concerned
LGU; and
§ Seventy percent (70%) of the negotiated price of the affected
structures, crops and trees, exclusive of unpaid taxes remitted to the
concerned LGU.
60
The payment of the remaining balance of the IO to the Property Owner shall
only commence 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, or at the time of the
annotation of a deed of sale on the title, in cases where the land is partially
affected. However, the schedule of payment for the remaining balance differ
base on the following conditions:
a. Where the property owner owns both the land and improvements the
IO 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, crops and trees, exclusive of unpaid taxes
remitted to the LGU concerned, provided that the land is already
completely cleared of structures, crops and trees, as certified by the
IO;
b. Where the property owner owns only the land, the IO shall pay the
property owner the remaining fifty percent (50%) of the negotiated
price of the affected land, exclusive of unpaid taxes remitted to the
LGU concerned;
c. Where the property owner owns only the improvements, the IO shall
pay the property owner the remaining thirty percent (30%) of the
affected structures, crops and trees, exclusive of unpaid taxes
remitted to the LGU concerned, immediately after the IO has certified
that the land is already completely cleared of structures, crops and
trees.
The IO shall ensure the faithful and prompt compliance with the above payment
procedures and may revise or issue the necessary orders and directives to this
effect.
The IO shall pay the CGT to the BIR within thirty (30) calendar days after (a)
the release of the initial payments specified above or (b) the notarization of the
Deed of Sale, whichever is earlier. The IO shall also pay the DST within five (5)
calendar days after the close of the month when the Deed of Sale is notarized.
6.5. Clearing of ROW
The following procedures are initiated upon the transfer of title in the name of
the Republic of the Philippines, in cases where the land is wholly affected, or at
the time of the annotation of a deed of sale on the title, in cases where the land
is partially affected.
61
6.5.1. CLEARING OF PRIVATE STRUCTURES WITHIN THE ROW
The following procedures apply only to private structures, i.e., buildings,

houses, fences, shops, and privately-owned fruit-bearing trees, plantations for
timber production, and the like.
a. ROW acquired through Donation

Clearing of ROW can be immediately carried out once the Deed of
Donation is notarized, since it includes stipulations allowing the IO or
its authorized representatives to demolish and remove structures and
other improvements, enter into the acquired property, and implement
the project. However, it is important to officially inform the property
owner of the schedule of clearing activities.
b. ROW acquired through Negotiated Sale, Exchange, Quit Claim, or

Easement Agreement
Clearing of ROW shall be undertaken after the ADRI has been
agreed upon and executed. For properties acquired through
purchase, the ADRI must be signed by the property owner prior to
the release of full payment. For properties acquired through
Exchange, Quit Claim, or Easement Agreement, the ADRI must be
signed prior to the release of full payment for improvements.
However, the owner is given the chance to decide whether to

demolish and clear his own structures or have them demolished and
removed by the IO. If he decides to demolish and remove his own
structures, he has to complete it within the timeline specified in the
ADRI. If the property owner failed to do so, the IO shall officially
inform the owner prior to undertaking the clearing activities on a set
schedule.
c. ROW acquired through Expropriation

Clearing can be immediately carried out once the WOP is issued by
the concerned Regional Trial Courts. However, it is important to
officially inform the property owner of the receipt of the WOP and the
schedule of demolition and removal of structures.
62
6.5.2. CLEARING OF PUBLIC IMPROVEMENTS WITHIN THE ROW
Aside from privately-owned structures, other improvements to be cleared from

the acquired ROW include public infrastructures such as waiting sheds,
barangay halls, military detachment centers, day care centers, water supply
reservoirs and pipes, public school buildings, fences, and the likes. In this case,
demolition and removal of all public infrastructures shall be carried out by the
IO through execution of an ADRI. If reconstruction is necessary, an ADRRI
should be executed instead.
Prior to demolition, the IO must coordinate with the concerned government

entities such as Barangay Officials, City/Municipal Officials, Provincial Officials,
or other NGAs such as the Department of Education (DepEd), Department of
the Interior and Local Government (DILG), or the PA/PNP. If a Countrywide
Development Fund (CDF) was used to build the infrastructure, the Office of the
concerned Representative must be properly informed.
In case of ADRRI, the labor cost for demolition shall be deducted from the cost
of improvements to be disbursed to the government entity-owner for the
reconstruction of the same public infrastructure. Reconstruction of the public
infrastructure at the designated site, can either be by administration or by
contract.
6.5.3. CLEARING OF PERENNIAL TREES WITHIN THE ROW
Clearing of perennial trees along acquired land for ROWs shall be in

accordance with the most current rules and regulations regarding the issuance
of a “Permit to Cut” from the DENR by IO. Perennial trees refer to forest trees
that are either naturally occurring, afforested, or reforested by the LGUs, DENR,
or NGOs such as grantees of Community Based Forest Management
Agreement (CBFMA). This excludes fruit-bearing trees and plantations for
timber production, cultivated by private owners, as these are already included
as “improvements”.
Prior to clearing operations, the following procedures shall be undertaken:
1. Inventory of the trees to be cut, including the volume and type of species,
conducted by a registered Forester from the concerned Community
Environment and Natural Resources Office (CENRO);
63
2. Submission of the inventory to the DENR upon application for a “Permit to
Cut”. This permit must be obtained prior to the Notice of Award upon
receiving the permit, the Contractor shall be responsible for the cutting and
hauling of the trees. Cut trees shall be transferred to the stockyard
designated by the DENR. In cutting the trees, it is important that the
conditions set in the Permit are strictly complied with, such as boundaries
set where trees can be cut, balling instead of cutting (depending on the age
and recovery ability of the tree), etc.
6.6. Transfer of Title
This activity is initiated once the Deed of Absolute Sale and its provisions is
approved by the IO. Prior to the processing of the DAS, several documents
need to be secured and authenticated including the following:
a. Approved parcellary plan and/or subdivision plan

b. Signed Deed of Absolute Sale
c. Real Property Tax Clearance with corresponding Official Receipts (OR)
from the Office of the Treasurer
d. Tax Declaration for Land (with OR) from the Office of the Assessor
e. Tax Declaration for Improvements, if any (with OR) from the Office of the
Assessor
f. Original or Certified True Copy of TCT/OCT/EP/CLOA
g. If mortgaged, Agreement with the Bank/Mortgagee
h. Court clearance (if needed)
For validating and paying Taxes and Fees, the following offices should be
visited for assistance:
a. City/Municipal Assessor’s Office - Tax Declaration (TD) arrears

b. City/Municipal Treasurer’s Office - RPT arrears/Transfer Tax
c. BIR District Office - CGT and DST
§ If property owner is a private individual
BIR Form 1706 for CGT
BIR Form 2000 for DST
§ If property owner is a private corporation
BIR Form 1606 for CGT
BIR Form 2000 for DST
d. Registry of Deeds – Transfer of Title
64
After the computation of the Total Tax Payable and Mortgage (if there`s any),
disbursement voucher should be prepared.
a. If the property is not mortgaged, amount of the disbursement voucher

should be equivalent to Total Tax Payable (TTP) or the sum of the
following taxes:
§ TD Arrears – obtained from City/Municipal Assessor’s Office
§ RPT Arrears – obtained from City/Municipal Treasurer’s Office
§ CGT - obtained by getting 6% of the value of land and
improvements based on the highest value among those stated in
the TD, actual selling price, and BIR zonal valuation
§ DST - equivalent to 1.5% of whatever was used as basis for
capital gains tax computation
§ Transfer Tax - equivalent to 1⁄2 of 1% of the higher value between
the actual selling price and the BIR zonal valuation for the subject
property
b. If the property is mortgaged and the entire property will be acquired,

amount of the disbursement voucher should be equivalent to the sum of
the Total Tax Payable (TTP) and the mortgage to be paid for the entire
property obtained from the Mortgage Agreement and other documents.
c. If the property is mortgaged and only a portion of the property will be
acquired, amount of the disbursement voucher should be equivalent to
the sum of the Total Tax Payable (TTP) and the mortgage to be paid for
a portion of the property to be acquired, determined through coordination
with the Legal Officer/Representative of the Mortgagee for necessary
adjustments.
After the approval of the voucher, payment shall be made in the corresponding
office involved. In settling the payments, it is important to secure the Official
Receipt (OR), corresponding certificates, and clearances for reference. The
following procedures shall apply:
1. Settling TD Arrears and obtaining OR and corresponding tax clearance

2. Settling RPT Arrears and obtaining OR and corresponding tax
clearance
3. Notarizing the Deed of Absolute Sale and provision of copies to
property owner and the IO
4. Settling Transfer Tax and obtaining OR
65
Appendix A
ROW Action Plan (ROWAP)
PROJECT PROFILE
Name of Project:
___________________________________________________________________
Location of the Project:

___________________________________________________________________
Coordinates:
___________________________________________________________________
PROPONENT PROFILE
Name of Association/Organization/Cooperative:
___________________________________________________________________
Registration: SEC CDA DOLE Others, Please specify ____________
Year registered: ________ No. of Members: _________ Service Area: __________
Contact Person & Contact Number:

___________________________________________________________________
RIGHT-OF-WAY PROFILE
Table 1. Data Checklist

Status
Data Checklist (Complied/ Not Remarks
Complied)
Proof of Ownership
Cadastral Map
Crops and Trees present
Structures present
BIR Zonal Valuations*

Land Valuation*
Cost Estimates*
1. Land**
2. Crops and Trees
3. Structures
*Details of Estimates shown in sub-appendices A1-A4

**Not applicable for Donation
OBSERVATIONS AND RECOMMENDATIONS
Mode of Acquisition:
Actions to be taken:
Prepared by: Verified by:
___________________________ ______________________________
(ROW Officer) (ROW Section/Unit Head)
Appendix A1
ROW Action Plan (RAP)
Cost Estimates for Land
Project:
Municipality:
(1) (2) (3) (4) (5) (6) (7) (8)
ROW Area (L) Price/m2 based Price of Land (4)
NEDA inflation
Total Cost of
Barangay Land Use Typea Lot Number on BIR zonal rate plus
X (W) x (5) Land (6) + (7)
value contingencies
a Residential, Commercial, Industrial, Agricultural

Appendix A2
ROW Action Plan (RAP)
Cost Estimates for Structures, Crops, and Trees
Project:
Municipality:
(1) (2) (3) (4) (5) (6) (7)
TOTAL
Estimated NEDA COST for
Estimated
Type of Lot Labor Cost inflation rate Structures,
Barangay Replacement
Improvementa Number for plus Crops, and
Costb
Demolitionc contingencies Trees
(4)+(5)+(6)
a If house or building, specify if Concrete/Permanent, Semi-Permanent, Light

If fruit trees, specify type, e.g., mango, coconut, banana, etc.
If crops, specify if rice field, corn field, etc.
b For houses, buildings, and other structures, estimates must be based on Section 10 of the IRR for RA 8974
For fruit trees, based on declared value in Tax Declaration (TD); if no TD is filed, based on DOF guideline
For crops, based on compensation specified in the LARR Policy
c Put NA if not applicable
Appendix A3
Parcellary Survey
ROW Land Data
(1) (2) (3) (4) (5) (6) (7) (8) (9)

Total
Lot TCT Total Land Cost of Land Annotation(s)a in
Owner/Claimant Land Use Affected Price/m2
Number Number Area (m2) (6) x (7) TCT/OCT
Area (m2)
a Indicate any and all annotations, for example, if the lot is mortgaged, or if it is under litigation, or if it has incurred any encumbrances,or if it was acquired through Commonwealth Act 141.
Appendix A4
ROW Compensation Matrix
(1) (2) (3) (4) (5) (6) (7) (8) (9)

Total Estimated
Lot TCT Lan Cost of Type of
Owner/Claima Land Value of
nt
Numbe Numbe d
Area
Price/m2 Land Improveme
Improvements
r r Use (5)x(6) ntsa
(m2) b
a Indicate how many stories, concrete/semi-concrete/light, building, store, or open shed

b Compute based on replacement cost method as stipulated in Section 10 of the IRR for RA 8974
Appendix B
ROW Status Report
(Date)
STATUS REPORT ON THE ACQUISITION OF RIGHT-OF-WAY
A. BACKGROUND OF THE PROJECT
This section will include the name of the farmers’ association and property owner, location of the
proposed project, proposed project and staffs involved.
B. ACQUISITION STATUS OF ROW

This section will include a brief background on all activities undertaken during the acquisition of
ROW (i.e. mode acquisition used, timeline of activity, cost of ROW acquisition if applicable, ROWAP
Preparation, Execution of Donation/Sale, Payment of Taxes and Fees, Clearing of ROW etc.)
Table 1. List of Documents Secured during ROW Acquisition

Documents Secured Date of Document Remarks
Secured
C. PROBLEMS ENCOUNTERED AND RECOMMENDATION/ACTION TAKEN
This will provide the entire problem encountered during the acquisition of ROW and the actions
that have undertaken / recommendation by the staffs involved.
Table 2. Problems Encountered and Action Undertaken during ROW Acquisition

Problems Encountered Recommendation/ Action Taken
Prepared by: Verified by:
____________________________________
____________________________________
(RFO Staff Preparer) (ROW Section Head)
Appendix C1
Template Terms of Reference
for Property Appraisal Services Pursuant to RA No. 10752
As basis for the procurement of the services of a Government Financial Institution

(GFI) or Independent Property Appraiser (IPA) to determine the appropriate price of
properties to be offered to the property owner through negotiated sale under Section
6 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 10752
(The Right-of-Way Act), the GFI/IPA shall provide the appraisal services for the
purpose of acquisition of private properties for national government project under this
Terms of Reference (TOR):
1. Background:
§ Insert a brief description and map of the project for which the Right-of-
Way (ROW) is required.
§ Insert the Parcellary Survey Report for the project indicting the
properties affected by the ROW.
2. Objectives of the Services (Include all that apply):

§ To determine the fair market value of the land, the replacement cost of
structures/improvements, and the fair market value of crops and trees
in the properties described above as affected by the ROW requirement
of the said project
§ To recommend the appropriate price offer for negotiated sale of the
affected properties based on the above.
§ To provide technical assistance, if necessary, to the IA on the
negotiation proceedings, including possible administrative and judicial
processes.
3. Desired Outputs – The GFI/IPA is expected to deliver to the IA an Appraisal

Report that contains the following (Include all that apply):
§ Estimated market value of the land under consideration.
§ Estimated replacement cost of structures and improvements therein.
§ Estimated market value of crops and trees therein.
§ Recommended total price offer for negotiated sale for the properties
affected.
§ Other reports/advisories as needed in the negotiation proceedings.
The Appraisal Report must be signed by a real property appraiser or valuer

duly licensed by the Professional Regulation Commission (PRC) and
registered with the Professional Regulatory Board of Real Estate Service
(PRBRES) pursuant to RA No. 9646 (Real Estate Service Act of the
Philippines, 2009).
4. Standards and Specifications – In providing the services and delivering the

desired outputs, the GFI/IPA shall observe the following standards and
specification listed under Section 7 of RA No. 10752:
§ The classification and use for which the property is suited;

(This shall be based on, among other things, the latest approved land
use plan and/or zoning ordinance, if any, of the city or municipality
concerned.)
§ The development cost for improving the land;

(This shall be based on, among other things, the records and estimates
of the City or Municipal Assessor concerned, GFI or IPA for similar or
comparable lands.)
§ The value declared by the owners;

(This shall be based on the value shown in the owners' latest Tax
Declaration Certificates or Sworn Statements.)
§ The current selling price of similar lands in the vicinity;

(This shall be based on, among other things, the latest records on
Deeds of Sale for similar lands in the office of the Register of Deeds
concerned.)
§ The reasonable disturbance compensation for the removal and/or

demolition of certain improvements on the land and for the value of
improvements thereon;
(This shall consider, among other things, the replacement cost of
improvements at current market prices as provided in Section 6.6 of
this IRR.)
§ The size, shape or location, tax declaration and zonal valuation of the
land;
(These shall be based on, among other things, the latest records on
Deeds of Sale in the Register of Deeds, tax declaration by the City or
Municipal assessor, zonal valuation of the BIR for comparable
properties.)
§ The price of the land as manifested in the ocular findings, oral as well
as documentary evidence presented; and
§ Such facts and events so 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.
5. Duration of Services and timetable for Delivery of Outputs – The GFI/IPA shall
perform the services and deliver the said outputs to the IA within (insert
number of calendar days) days from its receipt of the IA's Notice to Proceed
for the Agreement for these services, and according to the following schedule
(example shown below):
Phases Timeline Deliverables Remarks

Pre-Project 1st Week Planning Framework Documents needed:
Start-up – Conferences/meetings Project
– Confirmation of Proposal Layout/Survey
– Consolidation and review of Plans, Parcellary
documents Plans indicating the
width of the
highway, Title and
Tax Declaration per
lot.
Pre-Site Visit 2nd week Site Familiarization
– Meetings with Barangay Officials
– Establishment of Field Office
– Pre-Site Inspection
– Securing Other References (Tax
Map/ Tax Declaration) from the
Assessors
On-Site 3rd & Property Identification and Site
Investigation 4th Weeks Analysis
and Analysis – Identification of each property on
ground versus plans submitted, that
includes its location, accessibility,
terrain, developments and
improvements thereon.
– Definition of physical features of
improvements and their conditions
and measurements.
– Counts of considerable trees
within each affected lot and other
structures on site.
– Investigation, queries and
validation of current prices of lots
and sold properties in the project
vicinity.
– Canvas of current
construction materials in the
locality.
On Site 5th Week Documentations of Properties
Validation of Affected
Ownership – Securing or verification of
documents (Titles) with Registry of
Deeds and other agencies
concerned
Off Site 6th Week Write-ups and Preparation of Draft
(Office) Report
– Consolidation and analysis of
gathered data and information.
– Establishing benchmarks of
valuation and calculations of market
value per property
– Composition and printing of Draft
Report
7th Week Review of Draft Report
– Reproduction of gathered
documents for attachments.
– Compilation of write-ups and
attachments for submission.
8th Week Review of Revised Draft Report
– Review of findings on the Draft
Report
– Preparation of Revised Draft
Report considering
comments/corrections.
– Submission of Revised Draft
Report.
9th Week Final Report/Output – Six (6)
Copies of Report
– Review and reproduction of
Revised Draft Report and
submission as Final Appraisal
Report (6 copies)
6. (If IA is engaging an IPA) Qualification of IPA – An IPA must meet the

following criteria to qualify for the consulting services:
§ The IPA must be in the list of the BSP or a professional association of

appraisers recognized by the BSP, provided, that an IPA not yet
included in the list shall not be barred from joining the procurement for
such services; and provided further that, prior to award of the contract,
such IPA shall be required to submit a proof that they are already
included in the list.
§ The IPA must comply with the experience and other eligibility
requirements provided in R.A 9184 and its IRR, including the
registration and license required for a Real Estate Appraiser.
Appendix C2
Format of Approved Budget for the Contract (ABC)
for GFI/IPA Appraisal Services
Name and Location of Project: Construction of XYZ Road, x km, XXXXXX City
Brief Description of Services: Appraisal, including mapping and valuation of assets

affected by the Right-of-Way of the Project in accordance with the Terms of
Reference (TOR).
Work Items:
I. Field survey and inventory of all assets - land, structures/improvements/, and

crops/trees affected by the Project.
II. Assessment and valuation of all affected assets using acceptable guidelines and
regulations in accordance with the TOR.
III. Mapping and preparation of database of assets
IV. Research on market values of land, replacement costs of
structures/improvement at current prices, and market values of crops/trees.
V. Preparation of reports
Cost Items:
I. Manpower
No. Man-Days Rate/Day Amount Base
a. Project Leader/Appraiser 1 60 xxxxxx xxxxxx Quezon City
b. GIS Mapper/Cartographer 1 60 xxxxxx xxxxxx Quezon City
c. Researcher 1 30 xxxxxx xxxxxx Tacloban
d. Survey Coordinator/Encoder 2 60 xxxxxx xxxxxx Tacloban
e. Field Guide 1 60 xxxxxx xxxxxx Tacloban
Total xxxxxx
II. Equipment and Materials
Vehicle rental
Survey Instruments - GPS, camera, etc.
Supplies for Reports, including maps
III. Transportation and Accommodations
Air fare as applicable

Accommodation rental
Per diems as applicable
IV. Other Items

Appendix C3
FORM OF MEMORANDUM OF AGREEMENT WITH GFI FOR
PROPERTY APPRAISAL SERVICES
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT, hereinafter called the “MOA,” made and

entered into by and between:
The Republic of the Philippines, represented herein by [Name of Representative],

[Position of Representative] of [Name of DA Implementing Office], [Address of DA
Office], duly authorized by the Secretary of the Department of Agriculture,
hereinafter called as “DA-RFO”;
-and-
[Name of GFI], a Government Financial Institution, represented herein by [Name
of Representative], duly authorized for this purpose, with main office address at
[Address of GFI Office], and hereinafter referred to as the “GFI;”
WITNESSETH:
WHEREAS, the DA-RFO desires that a Government Financial Institution provide

Real Property Appraisal Services, hereinafter called the “Services,” in accordance
with the attached Terms of Reference (TOR), to be used as a basis for the
acquisition of Right-of-Way (ROW) for the infrastructure project entitled [Name of
Project]; and
WHEREAS, the DA-RFO has accepted the bid of the GFI for the execution of the
Services in consideration of a Total Fee of Philippine
Pesos (PhP ).
NOW, THEREFORE, for and consideration of the foregoing premises, the Parties
hereto agree as follows:
1. The following documents shall be attached, deemed to form, and be read

and construed as part of this MOA, to wit:
a. TOR
b. Request for Proposal
c. GFI’s Technical and Financial Proposals
d. Notice of Award and GFI’s conforme thereto
2. In consideration of the Total Fee mentioned above to be paid by the DA-

RFO to the GFI, the GFI hereby covenants with the DA-RFO to execute and
complete the Services and remedy any defects therein in conformity with
the provisions of this MOA in all respects.
3. The DA-RFO hereby covenants to pay the GFI in consideration of the

execution and completion of the Services, the abovementioned Total Fee at
the times and in the manner prescribed in the TOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have hereunto affixed their
signatures this ___ day of ____________, 20__ at ___________.
REPUBLIC OF THE PHILIPPINES

By authority of the Secretary of the
Department of Agriculture
[Signature over Printed Name] [Signature over Printed Name]

[Position/Office] [Position/Office]
DA-RFO GFI
Signed in the presence of:
Republic of the Philippines)

PROVINCE of ___________) s.s.
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in _______________ personally appeared

[Name of DA-RFO Representative], representing the Department of Agriculture (DA-
RFO), with Government ID No. __ issued at ___________ on ___________, and
[Name of GFI Representative],representing [Name of GFI], with Government ID No.
__ issued at ___________ on ___________, known to me and to me known to be
the same persons who executed the foregoing MOA and acknowledged to me that
the same is their free and voluntary act and deed.
This MOA consists of two pages, including this page on which this acknowledgement
is written, duly signed by the authorized representatives of the DA-RFO and the GFI
and their witnesses on the spaces provided for their signatures on each and every
page thereof.
IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial seal this
___ day of _________, 20__ at ____________________.
Notary Public
Until December 31, 20___________
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Series of 20 _______
Appendix C4
FORM OF CONTRACT AGREEMENT WITH IPA FOR
PROPERTY APPRAISAL SERVICES
This CONTRACT OF AGREEMENT, made and entered into by and between:

Office], duly authorized by the Secretary of the Department of Agriculture,
hereinafter called as “DA-RFO”;
-and-
[Name of IPA], an Independent Property Appraiser, which is a single
proprietorship/ partnership/corporation/joint venture organized and existing under
and by virtue of laws of the Republic of the Philippines, represented herein by
[Name of Representative] duly authorized for this purpose, with main office
address at [Address of the IPA Office] and hereinafter referred to as the “IPA”;
WITNESSETH:
WHEREAS, the DA-RFO desires that an Independent Property Appraiser provide

Real Property Appraisal Services, hereinafter called the “Services,” in accordance
with the attached Terms of Reference (TOR), to be used as a basis for the
acquisition of Right-of-Way (ROW) for the infrastructure project entitled [Name of
Project]; and
WHEREAS, the DA-RFO has accepted the bid of the IPA for the execution of the
Services in consideration of a Total Fee of Philippine
Pesos (PhP ).
NOW, THEREFORE, for and consideration of the foregoing premises, the Parties
hereto agree as follows:
1. The following documents shall be attached, deemed to form, and be read

and construed as part of this MOA, to wit:
a. TOR
b. Request for Proposal
c. IPA’s Technical and Financial Proposals
d. Notice of Award of Contract and IPA’s conforme thereto
2. In consideration of the Total Fee mentioned above to be paid by the DA-

RFO to the IPA, the IPA hereby covenants with the DA-RFO X to execute
and complete the Services and remedy any defects therein in conformity
with the provisions of this Contract of Agreement in all respects.
3. The DA-RFO hereby covenants to pay the IPA in consideration of the

execution and completion of the Services, the abovementioned Total Fee at
the times and in the manner prescribed in the TOR.


DA-RFO IPA

ACKNOWLEDGEMENT

[Name of DA-RFO Representative], representing the Department of Agriculture (DA-
RFO), with Government ID No. __ issued at ___________ on ___________, and
[Name of IPA Representative],representing [Name of IPA], with Government ID No.
__ issued at ___________ on ___________, known to me and to me known to be
the same persons who executed the foregoing Contract of Agreement and
acknowledged to me that the same is their free and voluntary act and deed.
This Contract of Agreement consists of two pages, including this page on which this
acknowledgement is written, duly signed by the authorized representatives of the
DA-RFO X and the GFI and their witnesses on the spaces provided for their
signatures on each and every page thereof.
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix D
DEED OF DONATION OF REAL PROPERTY
This DEED OF DONATION, made and entered into by and between:
[Name of Property Owner], Filipino, of legal age, single (or married to Name of
Husband/Wife) and a resident at [Complete Address], hereinafter called the DONOR,
and

Office], duly authorized by the Secretary of the Department of Agriculture, hereinafter
called the DONEE.
WITNESSETH:
That the DONOR is the owner in fee simple of a certain parcel of land (with the
building or house and improvements thereon, if there are any), hereinafter called the
“Property,” situated at [Name of Barangay, Municipality, Province], Philippines,
covered by Transfer (or Original) Certificate of Title No. ____________ of the
Registry of Deeds, needed by the Government for the right-of-way of the [Name of
Project], and which Property is more particularly described as follows:
[Technical Description of the Property]

“Transfer (or Original) Certificate of Title No.__________, Total Land Area of __ m2
(or __ m2 Portion of the Total Land Area of __ m2), Location at
___________________”
That, for and in consideration of the improvement to be made by the DONEE in the
premises, and as an act of cooperation, liberality, and generosity, the DONOR
hereby voluntarily and unconditionally transfers and conveys, by way of DONATION,
unto the DONEE, its executors and/or administrators, all his (her) rights, title, and
interests on the Property, with all the improvements found thereon, free from all liens
and encumbrances;
That the DONOR hereby states, for the purpose of giving full effect and validity to
this donation, that he/she has reserved for himself / herself sufficient properties
necessary and adequate to support him/her and his/her heirs or family’s subsistence,
sustenance and support and in consonance with his/her standing in the community;
That the DONOR further states, that this donation is not made with the purpose of
defrauding his/her creditors, having reserved to himself (or herself) enough and
sufficient property to answer for his debts and meet his just obligations contracted
prior to this date;
That the DONEE hereby receives and accepts this donation made in his favor by the
DONOR, and hereby expresses his appreciation and gratitude for the generosity and
civic mindedness of the DONOR.


DONEE DONOR

ACKNOWLEDGEMENT

[Name of Donor], the DONOR with Government ID No. __ issued at ___________
on ___________, and [Name of Donee], representing [Name DA Implementing
Office], the DONEE, with Government ID No. __ issued at ___________ on
___________, known to me and to me known to be the same persons who executed
the foregoing Deed of Donation and acknowledged to me that the same is their free
and voluntary act and deed.
This Deed of Donation consists of two pages, including this page on which this
DONOR and the DONEE and their witnesses on the spaces provided for their
signatures on each and every page thereof.
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix E1
DEED OF ABSOLUTE SALE
FOR LAND INCLUDING STRUCTURES/IMPROVEMENTS, AND CROPS/TREES
This Deed of Absolute Sale, made and executed by and between:

[Position of Representative] of [Name of DA Implementing Office], [Address of Office],
duly authorized by the Secretary of the Department of Agriculture, hereinafter called
the FIRST PARTY,
and
Husband/Wife) and a resident at [Complete Address], hereinafter called the
SECOND PARTY;
WITNESSETH:
WHEREAS, the FIRST PARTY will implement the construction of [Name of Project],
hereinafter called the Project;
WHEREAS, the Project will affect the Property (or a ___ square-meter portion of the
Property) of the SECOND PARTY, including the structures, improvements, crops
and trees therein, situated at [Name of Barangay, Municipality, Province], Philippines,
herein referred to as the Affected Property, and more particularly described as
follows:

___________________”
WHEREAS, the SECOND PARTY, being the true, lawful, and absolute owner in fee
simple of the Affected Property herein described, covered by Transfer (or Original)
Certificate of Title No. _____________ of the Registry of Deeds, a photocopy of
which is attached and made an integral part hereof, hereby concede(s) to absolutely
and irrevocably sell, transfer, and convey to the FIRST PARTY the said ___ square-
meter Affected Property, including the structures, improvements, crops and trees
therein, such improvements being covered by Tax Declaration No. _________ in the
name of the SECOND PARTY, a photocopy of which is attached and made an
integral part hereof; and
WHEREAS, the FIRST PARTY hereby agrees to buy the said Affected Property,
including the structures, improvements, crops and trees therein, at the Total Price
and under the terms and conditions set forth hereinafter;
NOW, THEREFORE, pursuant to Republic Act No. 10752 (Right-of-Way Act), for
and in consideration of the Total Price of ______________________________
Philippine Pesos (PhP___________), exclusive of Value Added Tax, which Total
Price shall be paid by the FIRST PARTY to the SECOND PARTY in accordance with
the schedule provided below, SECOND PARTY hereby sells, transfers, and conveys
to the FIRST PARTY the said square-meter Affected Property described herein,
including the structures, improvements, crops and trees therein, free and clear of all
liens and encumbrances, or claims whatsoever, except those already annotated and
appearing at the back of the Certificate of Title upon execution of this Deed, and is,
and shall continue to be, not subject to any claim, set-off, or defense which will
prevent the FIRST PARTY from obtaining absolute ownership in fee simple over the
said affected portion of the Property and full possession of the same.
The said consideration or Total Price of ____________________ Philippine Pesos

(PhP___________) is the sum of the following components:
a. Price of the Affected Land: ___________________________ Philippine

Pesos (PhP ___________);
b. Price of the Affected Structures and Improvements: ________________
Philippine Pesos (PhP ___________); and
c. Price of the Affected Crops and Trees: __________________________
Philippine Pesos (PhP ___________).
The FIRST PARTY shall pay the said consideration or Total Price to the SECOND
PARTY in accordance with the following schedule:
a. First payment - to be made upon the execution of this Deed - covering the
sum of the following amounts, less any unpaid Real Property Taxes on the
Affected Property that are due as of the end of the quarter covering this Deed
of Absolute Sale, as hereinafter provided:
1) Fifty percent (50%) of the abovementioned Price of the Affected Land, or

_____________________ Philippine Pesos (PhP ___________);
2) Seventy percent (70%) of the abovementioned Price of the Affected
Structures and Improvements, or __________________ Philippine Pesos
(PhP ___________); and
3) Seventy percent (70%) of the abovementioned Price of the Affected Crops
and Trees, or __________________ Philippine Pesos (PhP _________).
b. Second and final payment - to be made (a) at the time of the transfer of the
Title in the name of the Republic of the Philippines, in case the land is wholly
affected or (b) at the time of the annotation of this Deed on the Title, in case
the land is partially affected, provided that the land is already completely
cleared of structures, improvements, crops and trees, as certified by the Head
of the Implementing Office (IO) for the Project, in the following amounts, less
any unpaid Real Property Taxes, as hereinafter provided:
1) Fifty percent (50%) of the abovementioned Price of the Affected Land, or

_____________________ Philippine Pesos (PhP ___________);
2) Seventy percent (30%) of the abovementioned Price of the Affected
Structures and Improvements, or __________________ Philippine Pesos
(PhP ___________); and
3) Seventy percent (30%) of the abovementioned Price of the Affected Crops
and Trees, or __________________ Philippine Pesos (PhP _________).
Pursuant to R.A. 10752, the FIRST PARTY shall remit to the Bureau of Internal
Revenue (BIR), for the account of the SECOND PARTY, the Capital Gains Tax due
on the sale of the Affected Land, to be funded from appropriate funds of the FIRST
PARTY outside the said consideration or Total Price of the Affected Land.
The FIRST PARTY shall remit to the Local Government Unit concerned any unpaid
Real Property Taxes of the SECOND PARTY, as deducted from the said amount of
consideration or Total Price.
The FIRST PARTY shall pay the pay the corresponding Documentary Stamp Tax to
the BIR, Transfer Tax to the Provincial/City Treasurer’s Office, and Registration Fees
to the Register of Deeds, to be funded from appropriate funds of the FIRST PARTY
outside the said amount of consideration or Total Price.
The FIRST PARTY shall undertake the survey of the Property for the purpose of
separating and annotating the purchased portion from the main lot, and shall bear
the expenses that shall be incurred therein.
The SECOND PARTY warrants that the Property is not involved in any pending or
threatened litigation or case brought before a court or any administrative body.
Moreover, the SECOND PARTY undertakes to defend, at his own cost and without
recourse to the FIRST PARTY, title to the Property subject of this Deed, from any
and all claims not annotated on his Certificate of Title.
Upon the signing of this Deed of Absolute Sale, the FIRST PARTY has the right to
immediately enter the said Affected Property and implement the Project.
Upon making the first payment to the SECOND PARTY as provided above, and
upon due notice to the SECOND PARTY, the FIRST PARTY has the right to
demolish and remove the said structures, improvements, crops and trees within the
affected portion of the Property.
Upon receipt of full payment of the abovementioned consideration or Total Price, the
SECOND PARTY is lawfully and perpetually seized from any and all his/her rights,
titles, and interests over the said affected portion of the Property.
IN WITNESS WHEREOF, the FIRST and SECOND PARTIES have hereunto affixed
their signatures this ___ day of ____________, 20__ at ___________.

FIRST PARTY SECOND PARTY

ACKNOWLEDGEMENT

[Name of Representative], representing the FIRST PARTY (DA-RFO) with
Government ID No. __ issued at ___________ on ___________, and [Name of
Representative] representing the SECOND PARTY (Property Owner), with
Government ID No. __ issued at ___________ on ___________, known to me and
to me known to be the same persons who executed the foregoing Deed of Absolute
Sale and acknowledged to me that the same is their free and voluntary act and deed.
This Deed of Absolute Sale consists of two pages, including this page on which this
FIRST PARTY and the SECOND PARTY and their witnesses on the spaces
provided for their signatures on each and every page thereof.
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix E2
DEED OF ABSOLUTE SALE
(For Land Only)
This Deed of Absolute Sale, made and executed by and between:

the FIRST PARTY,
and
SECOND PARTY;
WITNESSETH:
WHEREAS, the FIRST PARTY will implement the construction of [Name of Project],
hereinafter called the Project;
WHEREAS, the Project will affect the Property (or a ___ square-meter portion of the
Property) of the SECOND PARTY, situated at [Name of Barangay, Municipality,
Province], Philippines, herein referred to as the Affected Property, and more
particularly described as follows:

___________________”
WHEREAS, the SECOND PARTY, being the true, lawful, and absolute owner in fee
simple of the Affected Property herein described, covered by Transfer (or Original)
Certificate of Title No. _____________ of the Registry of Deeds, a photocopy of
which is attached and made an integral part hereof, hereby concede(s) to absolutely
and irrevocably sell, transfer, and convey to the FIRST PARTY the said ___ square-
meter Affected Property; and
WHEREAS, the FIRST PARTY hereby agrees to buy the said Affected Property at
the Total Price and under the terms and conditions set forth hereinafter;
and in consideration of the Total Price of ______________________________
Philippine Pesos (PhP___________), exclusive of Value Added Tax, which Total
Price shall be paid by the FIRST PARTY to the SECOND PARTY in accordance with
the schedule provided below, SECOND PARTY hereby sells, transfers, and conveys
to the FIRST PARTY the said square-meter Affected Property described herein, free
and clear of all liens and encumbrances, or claims whatsoever, except those already
annotated and appearing at the back of the Certificate of Title upon execution of this
Deed, and is, and shall continue to be, not subject to any claim, set-off, or defense
which will prevent the FIRST PARTY from obtaining absolute ownership in fee
simple over the said affected portion of the Property and full possession of the same.
The FIRST PARTY shall pay the said consideration or Total Price to the SECOND
PARTY in accordance with the following schedule:
a. First payment - to be made upon the execution of this Deed in the ampunt
equivalent to Fifty percent (50%) of the abovementioned Price of the Affected
Land, or _____________________ Philippine Pesos (PhP ___________),
less any unpaid Real Property Taxes on the Affected Property that are due as
of the end of the quarter covering this Deed of Absolute Sale, as hereinafter
provided;
b. Second and final payment - to be made (a) at the time of the transfer of the
Title in the name of the Republic of the Philippines, in case the land is wholly
affected or (b) at the time of the annotation of this Deed on the Title, in case
the land is partially affected, in the amount equivalent to the remaining Fifty
percent (50%) of the abovementioned Price of the Affected Land, or
____________________ Philippine Pesos (PhP ___________), less any
unpaid Real Property Taxes, as hereinafter provided.
Pursuant to R.A. 10752, the FIRST PARTY shall remit to the Bureau of Internal
Revenue (BIR), for the account of the SECOND PARTY, the Capital Gains Tax due
on the sale of the Affected Land, to be funded from appropriate funds of the FIRST
PARTY outside the said consideration or Total Price of the Affected Land.
The FIRST PARTY shall remit to the Local Government Unit concerned any unpaid
Real Property Taxes of the SECOND PARTY, as deducted from the said amount of
consideration or Total Price of the Affected Property.
The FIRST PARTY shall pay the corresponding Documentary Stamp Tax to the BIR,
Transfer Tax to the Provincial/City Treasurer’s Office, and Registration Fees to the
Register of Deeds, to be funded from appropriate funds of the FIRST PARTY outside
the said amount of consideration or Total Price of the Affected Property.
The FIRST PARTY shall undertake the survey of the Property for the purpose of
separating and annotating the purchased portion from the main lot, and shall bear
The SECOND PARTY warrants that the Property is not involved in any pending or
threatened litigation or case brought before a court or any administrative body.
Moreover, the SECOND PARTY undertakes to defend, at his own cost and without
recourse to the FIRST PARTY, title to the Property subject of this Deed, from any
Upon the signing of this Deed of Absolute Sale, the FIRST PARTY has the right to
immediately enter the said Affected Property and implement the Project without due
notice to the SECOND PARTY.
Upon receipt of full payment of the abovementioned consideration or Total Price, the
SECOND PARTY is lawfully and perpetually seized from any and all his/her rights,
titles, and interests over the said affected portion of the Property.



ACKNOWLEDGEMENT

Representative] representing the SECOND PARTY (Property Owner), with
Government ID No. __ issued at ___________ on ___________, known to me and
to me known to be the same persons who executed the foregoing Deed of Absolute
Sale and acknowledged to me that the same is their free and voluntary act and deed.
This Deed of Absolute Sale consists of two pages, including this page on which this
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix F
EXTRA JUDICIAL SETTLEMENT OF ESTATE
WITH DEED OF ABSOLUTE SALE
THIS Extrajudicial Settlement of Estate with Deed of Absolute Sale, made and
executed by:
[Name of Heir], Filipino, of legal age, single (married to ____________________),

and a resident of________________________________;

and a resident of________________________________; and

and a resident of________________________________;
Herein represented by [Name of Representative] or the FIRST PARTY;
and

the SECOND PARTY,
WITNESSETH:
WHEREAS [Name of Property Owner], (the “Decedent”) died on ____________ in

____________________, Philippines;
WHEREAS [Name of Heir], [Name of Heir], and [Name of Heir] are the legitimate
children of the (PROPERTY OWNER), and his/her only surviving heirs;
WHEREAS [Name of Property Owner] died intestate and without leaving any debts
whatsoever;
WHEREAS [Name of Property Owner] died leaving a parcel of land located at

___________________________, covered by OCT/TCT No. ____________of the
Registry of Deeds of __________________, a copy of which is attached and made
an integral part hereof, hereinafter referred to as the PROPERTY, more particularly
described as follows:

WHEREAS, the SECOND PARTY will implement the [Name of Project], hereinafter
called the Project, which will affect a ____ square-meter portion of the PROPERTY,
hereinafter called the AFFECTED LAND, and more particularly described as follows:
[Technical description of the Affected Land under this Deed]
WHEREAS, the FIRST PARTY, being the true, lawful, and absolute owner in fee
simple of the PROPERTY herein described, hereby agree and concede to absolutely
and irrevocably sell, transfer, and convey to the SECOND PARTY the said ____
square-meter AFFECTED LAND;
WHEREAS, the SECOND PARTY hereby agrees to buy the said AFFECTED LAND
at the Total Price and under the terms and conditions set forth hereinafter;
and in consideration of the Total Price of the Affected Land of _______________
Philippine Pesos (PhP ___________ ), to be paid by the SECOND PARTY to the
FIRST PARTY in accordance with the schedule provided below, the FIRST PARTY
hereby sells, transfers, and conveys to the SECOND PARTY the said AFFECTED
LAND described herein, free and clear of all liens and encumbrances, or claims
whatsoever, except those already annotated and appearing at the back of the
Certificate of Title upon the execution of this Deed, and is, and shall continue to be,
not subject to any claim, set-off, or defense which will prevent the SECOND PARTY
from obtaining absolute ownership in fee simple over the said Affected Land and full
possession of the same;
The SECOND PARTY shall pay the said Total Price of the AFFECTED LAND to the
FIRST PARTY in accordance with the following schedule:
a. First payment --- to be made upon the execution of this Deed, equivalent to
fifty percent (50%) of the said Total Price of the Affected Land, or
____________________Philippine Pesos (PhP ___________), less any
unpaid Real Property Taxes on the Affected Land that are due as of the end
of the quarter covering this Deed of Absolute Sale, as well as Estate Tax due
from the HEIRS/FIRST PARTY; and
b. Second and final payment --- to be made (a) at the time of the transfer of the
title in the name of the Republic of the Philippines, in case the land is wholly
affected, or (b) at the time of the annotation of this Deed on the title, in case
the land is partially affected, less any unpaid Real Property Tax, provided that
the land is already completely cleared of structures, improvements, crops and
trees, as certified by the Head of the Implementing Agency (IA) for the Project,
equivalent to the remaining fifty percent (50%) of the said Total Price of the
Affected Land, or _____________________Philippine Pesos (PhP
________), less any unpaid Real Property Taxes.
Pursuant to RA 10752, the SECOND PARTY shall remit to the Bureau of Internal
Revenue (BIR), for the account of the FIRST PARTY, the Capital Gains Tax due on
the sale of the AFFECTED LAND, to be funded from appropriate funds of the
SECOND PARTY outside the said consideration or Total Price of the AFFECTED
LAND.
The SECOND PARTY shall remit to the BIR the Estate Taxes due from the FIRST
PARTY, as deducted from the said consideration or Total Price of the AFFECTED
LAND.
The SECOND PARTY shall remit to the Local Government Unit concerned any
unpaid Real Property Taxes on the PROPERTY, as deducted from the said
consideration or Total Price of the AFFECTED LAND.
The SECOND PARTY shall pay the pay the corresponding Documentary Stamp Tax
to the BIR, Transfer Tax to the Provincial/City Treasurer’s Office, and Registration
Fees to the Register of Deeds, to be funded from appropriate funds of the SECOND
PARTY outside the said consideration or Total Price of the AFFECTED LAND.
The SECOND PARTY shall undertake the survey of the PROPERTY for the purpose
of separating and annotating the purchased portion from the main lot, and shall bear
The FIRST PARTY warrants that the said PROPERTY is not involved in any pending
or threatened litigation or case brought before a court or any administrative body.
Moreover, the FIRST PARTY undertakes to defend, at his own cost and without
recourse to the SECOND PARTY, title to the Property subject of this Deed, from any
Upon the signing of this Deed of Absolute Sale, the SECOND PARTY has the right
to immediately enter the said AFFECTED LAND and implement the Project.
Upon receipt of full payment of the abovementioned consideration or Price of the

Affected Land, the FIRST PARTY is lawfully and perpetually seized from any and all
his/her rights, titles, and interests over the said AFFECTED LAND.
Notwithstanding the foregoing, the PARTIES understand that this EXTRAJUDICIAL

SETTLEMENT WITH DEED OF ABSOLUTE SALE is subject to the liabilities
imposed by the provisions of RULE 74, sec. 4 of the Rules of Court regarding the
rights of any person, heir or creditor who might have been deprived of his or her
lawful participation in the estate of the said deceased and who may appear within a
period of TWO (2) years from the time of settlement and distribution of the
Decedent’s estate.
Meantime, pursuant to Sec. 1, Rule 74 of the Revised Rules of Court of the

Philippines, the HEIRS agree to divide, as they do hereby divide and adjudicate, the
proceeds of the sale of the AFFECTED LAND, as well as divide among themselves,
the remaining unsold portion of the PROPERTY in the following manner:
a. [Name of Heir] – share;
b. [Name of Heir] – share; and
c. [Name of Heir] – share.
The PARTIES hereby affirm that they have executed this instrument out of their own
free will without force, intimidation or violence upon their person, and that they have
hereby received their just and proper share and have no more claim or demand
against each other in connection with the adjudication of the above-described real
property.


[Representative] [Position/Office]

ACKNOWLEDGEMENT
[Name of Representative], representing the FIRST PARTY with Government ID No.
__ issued at ___________ on ___________, and [Name of Representative]
representing the SECOND PARTY, with Government ID No. __ issued at
___________ on ___________, known to me and to me known to be the same
persons who executed the foregoing Extrajudicial Settlement of Estate with Deed of
Absolute Sale and acknowledged to me that the same is their free and voluntary act
and deed.
This Extrajudicial Settlement of Estate with Deed of Absolute Sale consists of two
pages, including this page on which this acknowledgement is written, duly signed by
the authorized representatives of the FIRST PARTY and the SECOND PARTY and
their witnesses on the spaces provided for their signatures on each and every page
thereof.
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix G
DEED OF EXCHANGE
This Deed of Exchange, made and entered into by and between:

called the FIRST PARTY;
and
SECOND PARTY,
WITNESSETH:
WHEREAS, the FIRST PARTY is the absolute owner in fee simple of that certain
parcel of land (and improvements thereon, if there are any) situated at [Name of
Barangay, Municipality, Province], Philippines, containing an area of ___ square
meters, more or less, covered by Transfer (or Original) Certificate of Title No.
______of the Registry of Deeds, more particularly described as follows:
WHEREAS, the SECOND PARTY is the absolute owner in fee simple of that certain
parcel of land (and improvements thereon, if there are any) situated at [Name of
Barangay, Municipality, Province], Philippines, which will be affected by [Name of
Project], and identified as Lot No. __________ containing an area of ____square
meters, more or less, and covered by Transfer (or Original) Certificate of Title No.
_________ of the Registry of Deeds, more particularly described as follows:
WHEREAS, the two Parties are willing and agreeable to exchange their respective
properties as described above; and
WHEREAS, the proposed exchange is to the mutual advantage of the two Parties,
considering that their respective properties are deemed to be of equal values;
NOW, THEREFORE, for and in consideration of the foregoing premises and

pursuant to the provisions of Republic Act No. 926, the Parties hereto mutually agree
as follows:
1. The FIRST PARTY does by these presents transfer and convey by way of
exchange unto the SECOND PARTY, his (or her/their) heirs, executors, and
assigns, all the rights and appurtenances thereunto belonging or in anywise
appertaining to the SECOND PARTY, free from all liens, charges, or
encumbrances whatsoever, its property herein described, subject, however, to
existing public roads and public utility easements, and further agrees to
shoulder the expenses relative to the registration of this instrument;
2. The SECOND PARTY, in consideration of the transfer made to him (or

her/them) by the FIRST PARTY, does by these presents hereby transfer and
convey by way of exchange unto the FIRST PARTY, its successors,
administrators, and assigns, his (or her, or their) property herein described.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this ___
day of ____________, 20__ at ___________.


APPROVED:
By Authority of the President:
[Signature over Printed Name]

Office of the President of the Philippines
ACKNOWLEDGEMENT

Representative] representing the SECOND PARTY, with Government ID No. __
issued at ___________ on ___________, known to me and to me known to be the
same persons who executed the foregoing Deed of Exchange and acknowledged to
me that the same is their free and voluntary act and deed.
This Deed of Exchange consists of two pages, including this page on which this
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix G1
QUIT CLAIM DEED
(For Unpatented Lands)
I, [Name of Property Owner], Filipino, of legal age, single (or married to Name of
Husband/Wife) and a resident at [Complete Address], do hereby declare and state
the following:
1. I am a homestead (lease, or sale, whichever is applicable) applicant for a

piece of land situated at [Name of Barangay, Municipality, Province],
Philippines covered by Application No.__, and assessed at
________________Philippine Pesos (PhP __________) under Tax
Declaration No. _________, more particularly described as follows:
Bounded on the North by: _____________________

Bounded on the East by: _____________________
Bounded on the South by: _____________________
Bounded on the West by: _____________________
Containing an area of: _____________________
2. The Republic of the Philippines, through the Department of Agriculture (DA),

will implement the [Name of Project], which will require a portion of the land
above described and its improvements for the right-of-way.
3. Pursuant to the above-mentioned Project, I do hereby waive all my rights, now

or in the future, over all parts of the land above described which may form part
of the twenty (20)-/ sixty (60)-meter road right-of-way, as provided for under
Section 112 of Commonwealth Act No. 141 and Presidential Decree 635 as
amended, prescribing that “Said land shall further be subject to right-of-way
not exceeding twenty (20) / sixty (60) meters in width for public highways…”,
except for any improvements which may be found thereon, particularly
described hereunder:
[Description of the Affected Area]
4. I shall not claim or demand any payment for the use of the portion of the land
by the Government for the purpose abovementioned, except for damages to
the improvements that will be affected by the 20 / 60-meter wide road right-of-
way;
5. By virtue of this Quit Claim Deed, the [Name of DA Implementing Office],

through his duly authorized representative, may enter the premises of the
abovementioned land for the purpose of implementing the said Project,
remove such improvements thereon as the implementation of the Project shall
require, immediately upon payment of the just and true value of the
improvements.
day of ____________, 20__ at ___________.

Property Owner/Applicant

ACKNOWLEDGEMENT

[Name of Property Owner], with Government ID No. __ issued at ___________ on
the foregoing Quit Claim Deed and acknowledged to me that the same is their free
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix G2
QUIT CLAIM DEED
(For Lands Acquired under the Public Land Law)
I, [Name of Property Owner], Filipino, of legal age, single (or married to Name of
Husband/Wife) and a resident at [Complete Address], do hereby declare and state
the following:
1. I am the owner of a certain parcel of land (with the building or house and
improvements thereon, if there are any) situated at [Name of Barangay,
Municipality, Province], Philippines, known as Lot No. __________, FP (F,
or H) No. _________, and covered by Original (or Transfer) Certificate of Title
No. of _________ the Registry of Deeds, more particularly described as
follows:
Bounded on the North by: _____________________

Bounded on the East by: _____________________
Bounded on the South by: _____________________
Bounded on the West by: _____________________
Containing an area of: _____________________
1. The Republic of the Philippines, through the Department of Agriculture (DA),

will implement the [Name of Project], which will require a portion of the land
above described and its improvements for the right-of-way.
2. Pursuant to the above-mentioned Project, I do hereby waive all my rights, now

or in the future, over all parts of the land above described which may form part
of the twenty (20)-/ sixty (60)-meter road right-of-way, as provided for under
Section 112 of Commonwealth Act No. 141 and Presidential Decree 635 as
amended, prescribing that “Said land shall further be subject to right-of-way
not exceeding twenty (20) / sixty (60) meters in width for public highways…”,
except for any improvements which may be found thereon, particularly
described hereunder:
[Description of the Affected Area]
3. I shall not claim or demand any payment for the use of the portion of the land
by the Government for the purpose abovementioned, except for damages to
the improvements that will be affected by the 20 / 60-meter wide road right-of-
way;
4. By virtue of this Quit Claim Deed, the [Name of DA Implementing Office],

through his duly authorized representative, may enter the premises of the
abovementioned land for the purpose of implementing the said Project,
remove such improvements thereon as the implementation of the Project shall
require, immediately upon payment of the just and true value of the
improvements.
day of ____________, 20__ at ___________.

Property Owner/Applicant

ACKNOWLEDGEMENT

[Name of Property Owner], with Government ID No. __ issued at ___________ on
the foregoing Quit Claim Deed and acknowledged to me that the same is their free
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix H
AGREEMENT FOR RIGHT-OF-WAY EASEMENT
This Agreement for Right-Of-Way Easement, made and entered into by and
between:

and
SECOND PARTY,
WITNESSETH:
WHEREAS, the FIRST PARTY will implement the [Name of Project], hereinafter
called the Project;
WHEREAS, the Project will pass over and affect a ____ square-meter portion of the
Property of the SECOND PARTY, a certain parcel of land including the structures,
improvements, crops and trees therein, situated at [Name of Barangay, Municipality,
Province], acquired by him (or her/them) through __________________________,
bound by the following:
On the North, by the property of _______________________,

On the East, by the property of ________________________,
On the South, by the property of _______________________,
On the West, by the property of________________________,
[if the land is registered] containing an area of ____ square meters, more or less,
registered with the Registry of Deeds of ______________________ as Lot No. ___,
Block No. ___, Plan No. ___ under Transfer (or Original) Certificate of Title
No. ______________ in the name of ____________________;
[if the land is not registered] containing an area o f ___square meters, more or less,
declared in said municipality under Tax Declaration No. ___________(page no. ___,
for the year _____, copy attached), with an assessed value of
___________________________________ Philippine Pesos (PhP _____________),
in the name of __________________, who is (or was, whichever is applicable) its
present (or former) owner, and with the following person(s) presently in possession
(or occupation) as lessee (or mortgagee, etc., as applicable):
NOW THEREFORE, for and in consideration of the construction and maintenance of
said road by the FIRST PARTY, and of the payment to the SECOND PARTY of the
sum of ______________________________ Philippines Peso (PhP ___________),
(at PhP _____ per square meter) as compensation or liquidated damages for the
use and occupancy of said land and as full payment for the portion thereof, with the
road right-of-way as finally determined, and of the other stipulations herein contained,
the Parties hereto agree as follows:
1. The SECOND PARTY hereby approves and consents to the implementation

of the Project over and through his (or her/their) land herein described and
specified, and grants and cedes unto the FIRST PARTY a perpetual
easement of right-of-way of ____ square meters in width over and through
said land for the Project road, giving unto the FIRST PARTY the right to enter
therein and to make such surveys as may be necessary to determine and
locate the line and course of Project road and to undertake the related
construction and maintenance works for it. The FIRST PARTY shall exercise
exclusive rights within and over the area embraced by the boundary lines of
said road right-of-way, as shown in the following sketch, until released in
writing by and in its discretion:
[Sketch]
Area of portion included in the road right-of-way: ____ square meters
2. The FIRST PARTY agrees to remove, at its own expense, all fences, house,
(mention other structures as necessary], and similar improvements
situated within the square meters road right-of-way, and to rebuild the same
outside the boundary lines of said road right-of-way in, at least, as good as
the conditions they were before being removed, or to make due and
appropriate compensation therefor, including fruit-bearing trees and growing
crops, as agreed upon by the parties thereto, but not to exceed the rate fixed
by the Municipal (or City) Assessor as established by Executive Order No.
1035, series or 1985.
3. In the event it becomes necessary or advisable to alter or change the course

of said Project road (realignment), the FIRST PARTY shall have the right to
utilize such other portions (or the remaining portions) of the land and
improvements thereon belonging to the SECOND PARTY, as may be
necessary for that purpose, subject to the same rights, privileges, and
compensation as set out in the preceding paragraphs hereof and upon the
terms and conditions herein.
4. If the SECOND PARTY has no other land for the realignment, and the area
required and described in the first paragraph is no longer needed by the
FIRST PARTY after it has made payment to the SECOND PARTY, the
SECOND PARTY has the option to repossess the area upon refund of the
payment made by the FIRST PARTY.
5. If the SECOND PARTY fails to return or refund the amount he (or she/they)
has received from the FIRST PARTY within two (2) years after receipt of the
FIRST PARTY’s written notice of its abandonment of the area and its demand
for the refund or return of the amount it has paid therefor, ownership over the
abandoned area shall automatically vest on the FIRST PARTY.
day of ____________, 20__ at ___________.



ACKNOWLEDGEMENT

same persons who executed the foregoing Agreement for Road Right-Of-Way
Easement and acknowledged to me that the same is their free and voluntary act and
deed.
This Agreement for Road Right-Of-Way Easement consists of two pages, including
this page on which this acknowledgement is written, duly signed by the authorized
representatives of the FIRST PARTY and the SECOND PARTY and their witnesses
on the spaces provided for their signatures on each and every page thereof.
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix I
PERMIT TO ENTER
Date: ________________
I, _________________, of legal age and single/married, with residence address at

_____________________________, as the registered owner of a parcel of land
situated in [Name of Barangay, Municipality, Province], Philippines, the title thereto
being evidenced by Original Certificate of Title/Transfer Certificate of
Title/EP/CLOA/Tax Declaration No. ___________, issued by the Assessor’s Office
of ______________________, hereby irrevocably, unconditionally and absolutely
authorize, permit, and allow the Republic of the Philippines, acting by and through
the Department of Agriculture, [Name of DA Implementing Office], its successors’
and assigns, contractors and subcontractors, and agents and representatives,
unimpeded entry and unlimited access to the said parcel of land and to conduct and
undertake surveying, clearing and removal of structures, improvements, crops, trees,
and other items therein, soil tests and other engineering investigations, design, pre-
construction and actual construction activities as well as other activities needed for
or related to the design and implementation of the DA-RFO Project entitled
____________________.

Land Owner
Attested by:

ROW Engineer
DA-RFO
Appendix J
AGREEMENT TO DEMOLISH AND REMOVE IMPROVEMENTS (ADRI)
This Agreement to Demolish and Remove Improvements, hereinafter called as ADRI,

made and entered into by and between:

and
SECOND PARTY,
WITNESSETH:
WHEREAS, the FIRST PARTY will implement the [Name of Project], which will
[partially/ totally] affect the following improvements of the SECOND PARTY which
are within the defined right-of-way (ROW) of the Project:
Description of Improvement Size Affected

e.g., House, two storeys, made of concrete and wood e.g., 120 sq. m of floor area
e.g., Concrete Hollow Block (CHB) wall, 2 m high e.g., 100 m
WHEREAS, the SECOND PARTY is the true, lawful, and absolute owner in fee
simple of the abovementioned improvements, as evidenced by Tax Declaration
No. ________, a photocopy of which is attached and made an integral part hereof;
WHEREAS, the Parties have entered into a Deed of Absolute Sale (DAS), a copy of
which is attached and made an integral part hereof, which Deed provides the
following, among others:
a. For and in consideration of the Total Price indicated in the said DAS, to be
paid by the FIRST PARTY to the SECOND PARTY in accordance with the
schedule provided in the DAS, the SECOND PARTY hereby sells, transfers,
and conveys to the FIRST PARTY the improvements listed above;
b. The FIRST PARTY shall pay the said Total Price to the SECOND PARTY in
accordance with the following schedule:
1. First payment - to be made upon the execution of the DAS – equivalent to
seventy percent (70%) of the said Total Price, minus the corresponding
Capital Gains Tax and any unpaid Real Property Taxes of the SECOND
PARTY as hereinafter provided.
2. Second and final payment - to be made (a) at the time of the transfer of
the Title to the land in the name of the Republic of the Philippines, in case
the land is wholly affected or (b) at the time of the annotation of the DAS
on the Title to the land, in case the land is partially affected, provided that
the land is already completely cleared of the said improvements, as
certified by the Head of the Implementing Agency for the Project -
equivalent to the remaining thirty percent (30%) of the said Total Price,
minus the corresponding Capital Gains Tax and any unpaid Real Property
Taxes of the SECOND PARTY as hereinafter provided.
NOW THEREFORE, for and in consideration of the foregoing premises, the Parties
hereby agree on the following:
a. The SECOND PARTY shall completely demolish and remove the

improvements listed above within days from receipt of the first payment
mentioned above.
b. If the SECOND PARTY chooses to retain the salvaged materials of the

improvements, no salvage value shall be deducted from the final payment.
day of ____________, 20__ at ___________.



ACKNOWLEDGEMENT

same persons who executed the foregoing ADRI and acknowledged to me that the
same is their free and voluntary act and deed.
This ADRI consists of two pages, including this page on which this
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
Appendix K
AGREEMENT TO DEMOLISH, REMOVE, AND RECONSTRUCT IMPROVEMENTS
(ADRRI)
This Agreement to Demolish, Remove, and Reconstruct Improvements, hereinafter

called as ADRRI, made and entered into by and between:

and
SECOND PARTY,
WITNESSETH:
WHEREAS, the FIRST PARTY will implement the [Name of Project], which will
[partially/ totally] affect the following improvements of the SECOND PARTY which
are within the defined right-of-way (ROW) of the Project:
Description of Improvement Size Affected

e.g., House, two storeys, made of concrete and wood e.g., 120 sq. m of floor area
e.g., Concrete Hollow Block (CHB) wall, 2 m high e.g., 100 m
WHEREAS, the SECOND PARTY is the true, lawful, and absolute owner in fee
simple of the abovementioned improvements, as evidenced by Tax Declaration
No. ________, a photocopy of which is attached and made an integral part hereof;
WHEREAS, the SECOND PARTY hereby consents and binds himself (or
herself/themselves) to demolish, remove, transfer, and reconstruct the above-listed
improvements outside the road right-of-way of the abovementioned Project;
WHEREAS, the SECOND PARTY agrees that the basis for the determination of just
compensation for the property acquired shall be governed by the provisions of
Republic Act 10752 and its Implementing Rules and Regulations; and
WHEREAS, the Parties have entered into a Deed of Absolute Sale (DAS), a copy of
which is attached and made an integral part hereof, which Deed provides the
following, among others:
c. For and in consideration of the Total Price indicated in the said DAS, to be
paid by the FIRST PARTY to the SECOND PARTY in accordance with the
schedule provided in the DAS, the SECOND PARTY hereby sells, transfers,
and conveys to the FIRST PARTY the improvements listed above;
d. The FIRST PARTY shall pay the said Total Price to the SECOND PARTY in
accordance with the following schedule:
3. First payment - to be made upon the execution of the DAS, equivalent to

seventy percent (70%) of the said Total Price, minus the corresponding
Capital Gains Tax and any unpaid Real Property Taxes of the SECOND
PARTY as hereinafter provided.
4. Second and final payment - to be made (a) at the time of the transfer of
the Title to the land in the name of the Republic of the Philippines, in case
the land is wholly affected or (b) at the time of the annotation of the DAS
on the Title to the land, in case the land is partially affected, provided that
the land is already completely cleared of the said improvements, as
certified by the Head of the Implementing Office (IO) for the Project,
equivalent to the remaining thirty percent (30%) of the said Total Price,
minus the corresponding Capital Gains Tax and any unpaid Real Property
Taxes of the SECOND PARTY as hereinafter provided.
NOW THEREFORE, for and in consideration of the foregoing premises, the Parties
hereby agree on the following:
a. The SECOND PARTY shall completely demolish and remove the

improvements listed above within ____ days from receipt of the first payment
mentioned above;
b. The SECOND PARTY may, at his/her own expense, reconstruct the

improvements or parts thereof outside the said ROW, subject to existing laws
and regulations; and
c. If the SECOND PARTY chooses to retain the salvaged materials of the

improvements, no salvage value shall be deducted from the final payment.
day of ____________, 20__ at ___________.


ACKNOWLEDGEMENT

same persons who executed the foregoing ADRRI and acknowledged to me that the
same is their free and voluntary act and deed.
This ADRRI consists of two pages, including this page on which this
___ day of _________, 20__ at ____________________.
Notary Public
PTR No.______________________
Issued on________ at___________
Doc. No.:__________
Page No.: _________
Book No.: _________
5. Settling CGT and DST and obtaining OR and Certificate Authorizing
Registration (CAR)
6. Payment of registration Fee in the Registry of Deeds and Transfer of
Title in the name of the Republic of the Philippines (Department of
Agriculture)
7. Payment to the Property Owner
§ If the property is not mortgaged, the amount to be paid to the
owner shall be the amount indicated in the DAS deducted with the
amount paid for the TD arrears, RPT arrears and the CGT.
§ If the property is mortgaged, the amount to be paid to the owner
shall be the amount indicated in the DAS deducted with the
amount paid for the TD arrears, RPT arrears, CGT, and the
mortgage paid.
Prior to payment of mortgaged properties, two (2) Notices of Taking shall be

prepared and disseminated, one for the property owner, and the other for the
Mortgagee. The letters should clearly indicate that just a portion of the property
will be acquired for ROW. It is also necessary to coordinate with the Legal
Officer of the Mortgagee to make the necessary adjustments in the mortgage
documents (i.e., to segregate the portion of the property to be acquired for
ROW, from the rest of the property).
Before any payment shall be made, the ADRI shall be signed, secured, and
validated first.
66
2013
BUREAU OF AGRICULTURAL AND FISHERIES ENGINEERING

Sugar Center Annex II Building Extension, North Avenue,
Diliman, Quezon City
www.bafe.da.gov.ph

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DEPARTMENT OF AGRICULTURE

BUREAU OF AGRICULTURAL AND FISHERIES ENGINEERING

SUBJECT: REVISED GUIDELINES ON THE ACQUISITION OF RIGHT-OF-WAY, SITE, OR

WHEREAS, the Department of Agriculture (DA) is implementing agri-fisheries infrastructure

WHEREAS, acquisition of ROW, site, or location for agri-fishery infrastructure projects

This Memorandum Circular aims to:

1. Provide policy directions relative to ROW acquisition;

Government Financial Institution (GFI) refers to a national government owned or controlled

Types of Agri-Fishery Infrastructure Projects

In case the above-mentioned agri-fishery infrastructure projects will be constructed and/or

a) Acquisition of Properties under Commonwealth Act (CA) No. 141

1. Acquisition of Subsurface Right-of-Way

As indicated by Section 11 of the IRR of RA 10752, when it is necessary to build,

3. Acquisition of Land Under Ancestral Domain

Pursuant to Section 9, Article III of the 1987 Constitution, DPWH issued

d) Other Special Cases

1. ROW Acquisition of Mortgaged Properties

Expenses Object of Expenditure

d) Applicable taxes and fees (e.g. - Other Maintenance and Other

a. Ensure the implementation of the Manual of Procedures for ROW Acquisition;

B. Other Relevant Laws

Agri-fisheries Infrastructure Project refers to the construction, improvement, rehabilitation,

Certificate of Land Ownership Award (CLOA) is a document evidencing ownership of the

Government Financial Institution (GFI) refers to a national government owned or controlled

National Government Projects shall refer to all national government infrastructure

Original Certificate of Title (OCT) is an official state or municipal-issued document that

Procurement refers to the acquisition of goods, consulting services – e.g., services of

Project-Affected-Persons (PAPs) refers to the people directly affected by land

Writ of Possession is a writ of execution employed to enforce a judgement to recover the

The implementation of government infrastructure projects in agricultural areas in the

a. Define the rules, procedures, standard documents, and templates to be used

1.3. COVERAGE OF THE MANUAL

1.3.1. IMPLEMENTING OFFICES

As defined in the same IRR, Implementing Agency or IA refers to any department,

The DA is considered an implementing agency of national government infrastructure

1.3.2. INFRASTRUCTURE PROJECTS

§ Highways, including expressways, roads, bridges, interchanges, overpasses,

In case the above-mentioned agri-fishery infrastructure projects will be constructed

1.3.2.1. TYPE OF ACQUISITION

1. Acquisition of right-of-way for access only;

1.3.3. MODES OF ACQUISITION

However, other modes of acquisition may be explored and considered depending on

§ Acquisition of Properties under Commonwealth Act (CA) No. 141

§ Cost of parcellary surveys and appraisal of properties affected by the

2.1. ROW ACQUISITION OVERALL PROCESSFLOW

III ROW ACTION PLAN PREPARATION

2 years prior to project - Preparation of ROWAP and inclusion in the

1 year prior to project - Validation of ROWAP and implementation of

Year of Project - ROW acquisition activities are already settled

Valuate land based

ESTIMATION OF REPLACEMENT COST

Figure 2. Process Flow for the Preparation of ROW Action Plan

Table 1. Procedures, Documents, and Timelines during Preparation of ROWAP

ACTIVITY INPUT OUTPUT TIMELINE

(1) Meeting o Letter of Intent • List of Affected Property Start of

IV ROW ACTION PLAN IMPLEMENTATION

4.1.1. ACQUISITION OF ROW THROUGH DONATION

Owner Yes With No

Other applicable No No Prepare Execute