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INTRODUCTION TO LAND
ACQUISITION PLAN AND

RESETTLEMENT ACTION PLAN
(LAPRAP PREPARATION)
Presentation Outline
 Project Profile
 Expected Impact and Mitigation Measures
 Legal Framework
a. Modes of Acquisition
 RAP Activities
 Open Forum
LAND ACQUISITION, RESETTLEMENT, REHABILITATION &
INDIGENOUS PEOPLE’S POLICY (LARRIPP), 2007
 Avoid, mitigate or compensate for the adverse social

impacts of infrastructure projects.
 Roads must demonstrate a new and higher level of

social sensitivity and compliance with all applicable
environmental standards
 Contains the Department’s Indigenous People’s Policy

based on IPRA and NCIP.
 Provide guidance on RAP and safeguards instruments

for IP’s affected by the infrastructure projects
The Acquisition of Right-of-Way for
infrastructure projects is governed by
Republic Act (RA) 10752
An Act Facilitating the Acquisition of Right-

of Way Site or Location for National
Government Infrastructure Projects
“The Right-of-Way Act”
Signed by President Benigno S. Aquino on

March 7, 2016.
Department Orders
D.O. No. 5 s. 2003
“ Creation of the Infrastructure Right of Way and Resettlement

Project Management Office (PMO) and the Implementation of
the Improved IROW Process”
D.O. No. 327 s. 2003
“ Guidelines for Land Acquisition and Resettlement Action

Plans (LAPRAPs) for Infrastructure Projects”
General Objectives of LAPRAP:
 Adverse social impact of road projects are avoided,

minimized and/or mitigated;
 PAPs are given sufficient compensation and assistance for

lost assets to help them improve or at least maintain their
pre-project standards of living;
 Society in general will benefit from the road projects;
 Projects stakeholders (which include PAPs) are consulted

regarding the project’s design, implementation and
operation.
Principal Objectives:
 Provide an assessment of the impacts that a road projects
has on the local population;
 Quantify in monetary terms the private and public assets that

are to be acquired for the projects right-of-way;
 Present a strategy that will ensure that all PAPs are paid
according to the social policy;
 Identify measures that would ensure that the PAPs are

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

to implement the LAPRAP
Guiding Principle
 The acquisition and management of ROW for infrastructure
projects is guided by the basic laws governing ROW
 The constitutional guiding policy on ROW acquisition is that

“private property shall not be taken for public use
without just compensation”
 Basic policy: To ensure that owners of real property acquire

for national government infrastructure projects are paid “just
compensation”
 The law provides for “just compensation” with the use

of more realistic standards for valuation of land,
improvements and structures
Modes of Acquisition
NEGOTIATED
DONATION SALE EXPROPRIATION
EXCHANGE /
QUIT CLAIM EASEMENT
BARTER
OPTION 1: DONATION
UNDER Art. 2725 of the Civil Code,
“is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another
who accepts it”
Deed of donation should be simple and unconditional,
“walang kapalit ”
Contain clauses to the effect that: (H a n g g a t m a a a r i , p i l i i n

a n g D o n a ti o n K U N G : )
 Donation is made by the donor not to defraud his creditors
 Donor reserved for himself enough property for his and his
family’s subsistence, sustenance and support.
 Deed of donation should be registered with the
Register of Deeds.
(The implementing agency may utilize donation or similar mode of acquisition if the landowner is a
government-owned or government-controlled corporation.)
OPTION 2: NEGOTIATED SALE
Negotiated Sale or Purchase
when the owner of property needed for public use
is not willing to donate his property to the government.
PROPERTY OWNER GOVERNMENT

OK
(VENDOR) (VENDEE)
(GIVE-TO-GET)
CONTRA
“JUST”
CT OF COMPENSATION
SALE
Compensation price shall be the s u m o f t h e c u r r e n t
market value of the land, replacement cost
of structures and improvements and current
market value of crops and trees.
The implementing agency may engage the services of :
 Government Financial Institution with adequate

experience in property appraisal,
 An Independent Property Appraiser accredited

by the Bangko Sentral ng Pilipinas (BSP) or a
Professional Association of Appraisers
recognized by the BSP .
NEGOTIATED SALE
DURING NEGOTIATION . .
30 DAYS
The property owner is given within thirty (30) days to
decide whether or not to accept the offer as payment for
his property.
If the property owner rejects the price offer or fails or refuses

to submit documents necessary for payments within 30 days,
the implementing agency shall initiate expropriation
proceedings pursuant to Section 6 of RA 10752.
NEGOTIATED SALE
WITHIN 30 DAYS . . DEED OF
DOCUMENT ABSOLUTE
S
Y SALE
NECESSARY N
FOR EXPROPRIA
PAYMENT TION
The property owner is given within thirty (30) days to
decide whether or not to accept the offer as payment for
his property.
If the property owner rejects the price offer or fails or
refuses to submit documents necessary for payments within
30 days, the implementing agency shall initiate
expropriation proceedings pursuant to Section 6 of RA
10752.
NEGOTIATED SALE
OPTION 3: EXPROPRIATION
RULE 67,
SECTION 1
The government shall exercise its rights

of eminent domain by filing a complaint with the
proper Court for the expropriation of the private
property.
“EMINENT DOMAIN IS THE
P OW E R O F T H E N AT I O N O R A
S O V E R E I G N S TAT E TO TA K E ,
O R TO AU T H O R I Z E T H E
TA K I N G O F , P R I VAT E
P RO P E RT Y FO R A P U B L I C
USE WITHOUT THE
OW N E R ’ S CO N S E N T.”
The implementing agency shall deposit to the court in favor
of the owner the amount equivalent to the sum of the
following:
100 %
REPLACEMENT MARKET
BIR COST
VALUE
ZONAL
AFFECTED
LAND STRUCTURE
CROPS & TREES
Upon compliance, the court shall immediately
issue to the implementing agency an order to
take possession of the property and start
the implementation of the project.
EXPROPRIATION
E X P R O P R I AT I O N A P P L I C A B I L I T Y
W H E R E W I T H I N 3 0 D AY S , O W N E R :
 FA I L S / R E F U S E S T O S U B M I T N E C E S S A RY
DOCUMENTS
 REFUSES TO ACCEPT PRICE OFFER
 CANNOT BE FOUND
 UNKNOWN
 D E C E A S E D A N D T H E E S TAT E H A S N O T
BEEN SETTLED
 CONFLICTING CLAIMS OVER OWNERSHIP
& IMPROVEMENTS AND STRUCTURES
THEREON.
EXPROPRIATION
OTHER OPTIONS: QUIT CLAIM
Commonwealth Act (CA) 141, known as the Public Land Act.
In case of lands granted through Commonwealth Act No. 141,

the implementing agency shall:
• If the landowner is not the original patent holder and

any previous acquisition of said land is not through a
gratuitous title, subject for Donation and Negotiation
• If the landowner is the original patent holder or the

acquisition of the land from the original patent holder is
through a gratuitous title, subject for the provision of CA 141
“Public Land Act” or PD 635.
Public Land Act
CA 141
A TWENTY (20) METER STRIP TO SIXTY (60) METER

STRIP IS RESERVED BY GOVERNMENT FOR PUBLIC USE.
Sec. 112
“A 20-meter strip of the property acquired under such
law is reserved by government for public use with
damages to improvements only.”
“The 20 meter strip had subsequently been increased

to 60 meters under PD 635, approved on January 7,
1975, amending Sec. 112 of CA 141.”
QUIT CLAIM
OTHER OPTIONS: EASEMENT
Easement of Road Right-of-Way, or the right to use private

property for public use which is done thru a road right-of-
way agreement executed by the owner of the property
granting an easement for ROW.
NOMINAL SURVEYING
LOT VALUE EXPENSES
Government is actually paying the value of the private

property, but it only acquires a right of easement for ROW
The owner still retains ownership of the lot

traversed by the road.
EXCHANGE / BARTER
Exchange or Barter is an option that the property owner

may choose, by requesting the government to
exchange an old abandoned road or
government lot near the project instead of
being paid the money value of his lot.
This may be favorably considered especially if the lot being
taken from the owner is his only property.
The exchange shall be done on a value for value basis.

MODES of Acquisition (private lands)
Notice of Taking
DONATION
1 Option
st
Legend:
Accept
? Reject
DOD – Deed of Donation
DOD DAS - Deed of Absolute Sale
2ND Option PURCHASE

Negotiation process
Offer the Total Amount of Current

Market Value (land) + Replacement
cost for structure + current market
value of crops, trees and perennials)
Accept ?
Reject
30 days to decide or earlier
DAS Expropriation
MODES of Acquisition
EXPROPRIATION
COURT
Issue Writ of Possession upon

compliance to the guidelines
DPWH If, within seven (7) working days

Deposit to the court the total amount of the following: after the deposit to the court of
the amount for compensation
a. 100% BIR Zonal Valuation
cost, the court has not issued to
b. Replacement cost for structures and other improvements the implementing agency a writ
c. Current Market Value of crops trees and perennials of possession for the affected
property, the counsel of the
implementing agency shall
immediately seek from the court
the issuance of the writ of
possession.
EASEMENT OF ROW Notice of Taking

Accept
? 15 days to decide or earlier
EA Reject
Legend: COURT Request for Court injunction

EA – Easement Agreement
•Properties of minimal size

•Expenses for surveying or segregating the affected portion to main lot
would be very much more than the value of the property (P5,000.00)
•Owner retains ownership of the said property
•Government to compensate the affected portion based on BIR zonal
valuation plus replacement cost of improvements
Quit Claim
Land
Owner
Not the Original Patent Original Patent Holder

Holder / not through or through a gratuitous
gratuitous title title
Follow other modes of

acquisition Follow provision of CA 141
• Donation
• Negotiated Sale
MODES of Acquisition under CA 141
Legend:
QCD – Quit Claim Deed
Quit Claim Notice of Taking

Accept
? Reject
15 days to decide or earlier
QC Deed Immediate Possession of Site

Reject
Court Court injunction

• CA 141, Sec 112 twenty (20) m. reserved strip of land for public use.
• PD 635 (Jan. 7, 1975) amended CA 141, Sec. 112 increased to sixty (60) m. the
reserved strip of land for public use.
• Government exercise its right to use the area reserved for public use.
• The reservation, however, once taken or availed by the government, cannot be

exercised for the second or the third time.
SOCIAL IMPACT MATRIX
Donation
1. Arable land Quitclaim
2. Residential land and/or Easement
commercial land Current market value
3. Main Structures (e.g., house,
housing cum shop)
4. Independent shops (structures) Replacement cost
5. Other fixed assets or structures
/Improvements(fences)
6. Crops
7. Perennial crops and trees Annual value of harvest (x3-5)
8. Electric and/or water DENR value of crop or tree
connection If in new ROW: replacement cost
9. Public facilities Replacement cost
10. Business losses Lost income during project
implementation
Resettlement Action Plan Report
Resettlement Action Plan Report
The Resettlement Action Plan (RAP) refers to the

planning document that describes what will be done to
address the direct social and economic impacts associated
with involuntary taking of land or land acquisition.
RAP PREPARATION ACTIVITIES
METHODOLOGY
 Orientation with the RAP Team

 Coordination with the LGU’s
 Public Consultation
 Socio-Economic/Linear Mapping Survey
Data Requirements:
1. Number or size of households

2. Income and occupation
3. Land and structure, type and tenure
4. Available infrastructure, utilities, community
services and facilities
5. Other data/information: age, gender, dialect, tribe
etc.
METHODOLOGY
 Cost Estimation
 Documentation
 Report Preparation
RAP IMPLEMENTATION ACTIVITIES
METHODOLOGY
 Validation Claims
 Disclosure
 Vouchers
 Payment
 Monitoring
 Post Monitoring/IMA and EMA
 Post Evaluation

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INTRODUCTION TO LAND

ACQUISITION PLAN AND

 Expected Impact and Mitigation Measures

 Avoid, mitigate or compensate for the adverse social

 Roads must demonstrate a new and higher level of

 Contains the Department’s Indigenous People’s Policy

 Provide guidance on RAP and safeguards instruments

An Act Facilitating the Acquisition of Right-

“The Right-of-Way Act”

Signed by President Benigno S. Aquino on

D.O. No. 5 s. 2003

“ Creation of the Infrastructure Right of Way and Resettlement

D.O. No. 327 s. 2003

“ Guidelines for Land Acquisition and Resettlement Action

 Adverse social impact of road projects are avoided,

 PAPs are given sufficient compensation and assistance for

 Society in general will benefit from the road projects;

 Projects stakeholders (which include PAPs) are consulted

 Quantify in monetary terms the private and public assets that

 Identify measures that would ensure that the PAPs are

 Give an over-all estimate of the required resources needed

 The constitutional guiding policy on ROW acquisition is that

 Basic policy: To ensure that owners of real property acquire

 The law provides for “just compensation” with the use

Contain clauses to the effect that: (H a n g g a t m a a a r i , p i l i i n

PROPERTY OWNER GOVERNMENT

 Government Financial Institution with adequate

 An Independent Property Appraiser accredited

If the property owner rejects the price offer or fails or refuses

The government shall exercise its rights

Commonwealth Act (CA) 141, known as the Public Land Act.

In case of lands granted through Commonwealth Act No. 141,

• If the landowner is not the original patent holder and

• If the landowner is the original patent holder or the

A TWENTY (20) METER STRIP TO SIXTY (60) METER

“The 20 meter strip had subsequently been increased

Easement of Road Right-of-Way, or the right to use private

Government is actually paying the value of the private

The owner still retains ownership of the lot

Exchange or Barter is an option that the property owner

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

2ND Option PURCHASE

Offer the Total Amount of Current

Issue Writ of Possession upon

DPWH If, within seven (7) working days

EASEMENT OF ROW Notice of Taking

Legend: COURT Request for Court injunction

•Properties of minimal size

Not the Original Patent Original Patent Holder

Follow other modes of

Quit Claim Notice of Taking

QC Deed Immediate Possession of Site

Court Court injunction

• The reservation, however, once taken or availed by the government, cannot be

The Resettlement Action Plan (RAP) refers to the

 Orientation with the RAP Team

1. Number or size of households

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