A Comprehensive Overview of Republic Act No. 10752 (The Right-of-Way Act) in the Philippines

Eminent domain, or the State’s power to expropriate private property for public use upon payment of just compensation, is enshrined in the Philippine Constitution. Specifically, Section 9, Article III of the 1987 Constitution states, “Private property shall not be taken for public use without just compensation.” Traditionally, the exercise of eminent domain has been guided by the Civil Code, jurisprudence, and various executive and legislative measures. However, the enactment of Republic Act (R.A.) No. 10752, also known as “An Act Facilitating the Acquisition of Right-of-Way, Site or Location for National Government Infrastructure Projects,” brought a modern and more efficient framework to the process of acquiring private property for government infrastructure projects in the Philippines.

Below is an extensive discussion of everything to know about R.A. No. 10752, including its historical context, key provisions, procedural guidelines, and legal implications.

1. Historical Background and Rationale

Before the passage of R.A. No. 10752 in 2016, the government largely relied on antiquated rules under the Civil Code, Presidential Decrees, and administrative issuances for expropriation and right-of-way (ROW) processes. This patchwork of regulations often resulted in delays, inconsistent valuation of properties, and legal disputes that hindered the implementation of public infrastructure projects—roads, bridges, airports, railways, and similar undertakings critical to national development.

Recognizing these challenges, Congress enacted R.A. No. 10752 to streamline and expedite the process of acquiring private property for national government infrastructure, while still safeguarding the constitutional principle of just compensation and due process.

2. Key Policy Objectives

R.A. No. 10752 primarily seeks to:

Ensure Prompt Completion of Infrastructure Projects – By establishing efficient mechanisms for right-of-way acquisition, the law aims to reduce bottlenecks and disputes that can stall construction.
Uphold Just Compensation and Due Process – Consistent with constitutional mandates, the law requires fair market valuation and an orderly procedure so that landowners’ rights are respected.
Encourage Amicable and Speedy Negotiations – The government is required to prioritize negotiated sale with property owners before resorting to judicial expropriation.
Set Clear and Uniform Standards – R.A. No. 10752 and its Implementing Rules and Regulations (IRR) lay down precise procedures and valuation methods to avoid ambiguity.

3. Salient Features of R.A. No. 10752

3.1 Coverage

The law covers national government infrastructure projects such as roads, bridges, airports, railways, communication facilities, and other projects by National Government Agencies (NGAs). While local government projects (municipal, city, or provincial level) typically follow separate legal processes, they can align their practices with the principles of R.A. No. 10752 to achieve consistency and fairness.

3.2 Modes of Acquisition

R.A. No. 10752 details two primary modes of property acquisition:

Negotiated Sale
- The government must first attempt to directly negotiate with the property owner.
- An independent property appraiser is typically engaged to determine the fair market value of the property. This appraiser follows internationally recognized standards or at least accepted local standards of valuation.
- The negotiated sale must be concluded under fair and reasonable terms.
Expropriation (Judicial)
- If negotiations fail—or if the owner refuses to enter into a negotiated sale—the government may file a court action for expropriation.
- Upon filing, the government makes a provisional deposit in an amount equivalent to the sum specified by law (often the appraised value based on current market rates). This deposit generally allows the government to immediately take possession of the property.
- A just compensation hearing follows, during which the courts make a final determination of the property’s value. Once finalized, the government pays the difference (if any) between the provisional value and the final amount determined by the court.

3.3 Independent Property Appraisal and Valuation

The law requires the Department of Finance (DOF) accredited or other recognized property appraisers to determine valuation, ensuring that:

Fair Market Value is based on existing market conditions, location, size, shape, accessibility, and other relevant factors.
Replacement Cost Method can be used if there are improvements (e.g., buildings, structures) on the property.
Valuation is backed by objective criteria, reducing the risk of undervaluation or overvaluation.

3.4 Advance Payment Requirement

R.A. No. 10752 mandates that, during negotiated sale, the government must pay at least fifty percent (50%) of the agreed purchase price upon the execution of the deed of sale, with the balance to be settled once the remaining legal requirements (e.g., titling, transfer documentation) are completed. This provision ensures that landowners receive a substantial portion of the compensation promptly.

3.5 Subdivisions, Condominiums, and Similar Properties

In cases involving community or multi-unit properties such as subdivisions, condominium projects, or row houses, the law includes mechanisms for dealing with co-owners or multiple stakeholders. These often involve:

Proportional Compensation for co-owners.
Ensuring the remaining property (if partially expropriated) remains viable.

The law aims to avoid undue disturbance of the larger community and to limit expropriation only to what is necessary for the infrastructure project.

3.6 Relocation and Resettlement of Displaced Residents

For owners and occupants who may lose their residence due to expropriation, the law and related social legislation (particularly the Urban Development and Housing Act, R.A. No. 7279) require the government to provide resettlement or financial assistance. National agencies typically coordinate with local government units for:

Identification of Resettlement Sites (if relocation is necessary).
Financial Assistance or livelihood support for displaced residents.

These measures help mitigate the impact on vulnerable communities.

4. Procedural Guidelines Under R.A. No. 10752

4.1 Preliminary Activities

Before any acquisition, government agencies undertake feasibility studies, cost-benefit analyses, and the determination of project alignment. At this stage, officials identify the parcels of land that will be affected.

4.2 Notice to Property Owners

Once properties are identified, the concerned agency (often the Department of Public Works and Highways or similar bodies) issues notices to property owners indicating:

The nature and scope of the public project.
The intent to negotiate for right-of-way acquisition.
The proposed schedule for valuation and the next steps in the negotiation.

4.3 Negotiation and Offer

Government representatives then commence formal negotiations with the landowners, using valuation reports prepared by independent appraisers as a baseline. The offer to purchase must be fair and reflect market value.

4.4 Execution of Deed of Sale

If the owner accepts, a deed of sale or a similar agreement is drawn up. The law requires partial payment to the owner right away, with the rest to follow upon completion of the necessary documentary and administrative requirements.

4.5 Expropriation Proceedings (If Negotiations Fail)

When an agreement is not possible:

The concerned agency files a complaint for expropriation in court.
A provisional deposit (equivalent to the appraised value of the land and improvements) is made to allow the government to take immediate possession.
The court then conducts hearings to determine the final amount of just compensation.
Once final compensation is set, the government pays the owner any remaining difference.

4.6 Writ of Possession

After depositing the necessary amount in court, the government can secure a Writ of Possession. This legal instrument allows the project to commence without undue delay, even while the question of the final amount of compensation is pending.

5. Constitutional and Legal Considerations

Due Process
- Although the State has the power of eminent domain, the landowner’s right to be heard is protected by the due process clause.
- R.A. No. 10752 mandates clear notice and an opportunity to negotiate and/or contest valuation in court.
Just Compensation
- The Constitution explicitly requires just compensation for all expropriations.
- This is defined by Philippine jurisprudence as “the full and fair equivalent of the property,” ensuring landowners are neither shortchanged nor enriched unfairly.
Legal Challenges
- Landowners who disagree with the government’s valuation or the necessity of expropriation may seek judicial relief.
- Courts typically defer to legislative policy regarding “public purpose” or “public use,” focusing on whether the compensation is truly just.

6. Impact and Observed Benefits

Since its enactment, R.A. No. 10752 has yielded several positive developments:

Reduced Project Delays: The streamlined negotiations and clearer guidelines for expropriation have shortened the timeline for infrastructure project rollouts.
More Predictable Processes: The standardized appraisal methods minimize wide discrepancies in property valuation, reducing disputes.
Enhanced Public-Private Trust: A fairer, more transparent acquisition process improves relations between government agencies and private stakeholders.

However, challenges remain, particularly when large-scale projects displace entire communities or when property owners demand values above market rates. The interplay between local zoning rules, environmental considerations, and cultural or ancestral land claims can also complicate or delay expropriations.

7. Best Practices and Practical Tips

Engagement and Dialogue: Government agencies should conduct thorough community consultations before finalizing project alignment.
Accurate Documentation: Landowners must keep updated titles, tax declarations, and other ownership documents to facilitate smooth transactions.
Professional Appraisals: Both parties should rely on independent, credible appraisers to establish fair market values from the outset.
Legal Counsel: Landowners and agencies alike benefit from obtaining counsel well-versed in R.A. No. 10752, related laws, and emerging jurisprudence.
Consideration for Vulnerable Sectors: Resettlement and livelihood programs are critical when entire communities are affected.

8. Future Developments

As infrastructure development remains a priority for the Philippine government, R.A. No. 10752 will continue to play a pivotal role in how land is acquired for public projects. Ongoing issues such as environmental impact, urban congestion, and ancestral domain rights of indigenous communities will likely shape future amendments or supplementary guidelines. Additionally, technological advancements in property valuation, improved digital land registration, and alternative dispute resolution mechanisms may help refine the law’s implementation over time.

9. Conclusion

R.A. No. 10752 is a landmark legislation that significantly reformed the rules on eminent domain and the acquisition of right-of-way for national government infrastructure projects in the Philippines. It strikes a balance between two crucial interests: the government’s need to advance public welfare through robust infrastructure development, and the fundamental rights of private property owners to receive just compensation and due process.

By fostering a more transparent, equitable, and efficient procedure, R.A. No. 10752 has proven instrumental in accelerating critical infrastructure projects that bolster economic growth and improve public services. Nevertheless, all stakeholders—government, private owners, local communities, and the judiciary—must continue working together to uphold the core principles of fairness, justice, and public interest that underpin the law.