A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Search for
www.chanrobles.com
ADMINISTRATIVE ORDERS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
ADMINISTRATIVE ORDER NO. 50
ADMINISTRATIVE ORDER NO. 50 -
GUIDELINES FOR THE ACQUISITION OF CERTAIN PARCELS OF PRIVATE LAND
INTENDED FOR PUBLIC USE INCLUDING THE RIGHT-OF-WAY EASEMENT OF SEVERAL
PUBLIC INFRASTRUCTURE PROJECTS
WHEREAS, the government has the inherent
coercive authority through its power of eminent domain to acquire
private lands necessary for public use;
WHEREAS, it has been the usual practice of the government to approach
the owner and negotiate for the acquisition of private lands;
WHEREAS, sale through negotiation, though evidently more expeditious,
proves to spawn graft and corruption detrimental to the interest of the
government;
WHEREAS, Presidential Decree No. 1818, series of 1981, provides that no
court in the Philippines shall have jurisdiction to issue any
restraining order, preliminary injunction, or preliminary mandatory
injunction in any case, dispute, or controversy involving an
infrastructure project; and
WHEREAS, Sec. 12, Chapter 4, Book III of the Administrative Code of
1987, empowers the President to determine when it is necessary or
advantageous to exercise the power of eminent domain in behalf of the
National Government, and direct the Solicitor General, whenever he
deems the action advisable, to institute expropriation proceedings in
the proper court.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order the following:
Section 1. Conditions to be complied with during the
Negotiated Sale. — All government agencies and instrumentalities which
are engaged in public infrastructure projects, including but not
limited to the Department of Public Works and Highways, National Power
Corporation, and the Department of Transportation and Communication,
shall first negotiate with the owner for the acquisition of parcels of
private land intended for public use including the right-of-way
easement of such projects by offering in writing a purchase price of an
amount equivalent to ten per cent (10%) higher than the zonal value of
the said property. During the negotiation, the landowner shall be given
fifteen (15) days within which to accept the amount offered by the
concerned government agency as payment for the land.
Sec. 2. Expropriation Proceedings. — After the
abovementioned period and no acceptance is made by the landowner, the
concerned agency, in coordination with the Solicitor General, shall
initiate expropriation proceedings in the proper court, depositing ten
per cent (10%) of the offered amount.
Sec. 3. Standards for the Assessment of the Value
of the Land Subject of Expropriation Proceeding. — In order to
facilitate the immediate judicial determination of just compensation
during the expropriation proceedings, the expropriating agency or its
duly authorized assessor in appraising the fair market value of the
private property intended to be condemned must consider, among other
well established factors, the following relevant standards:
(a)
The classification and use for which the property is suited;
(b) The
developmental costs for improving the land;
(c) The value
declared by the owners;
(d) The
current selling price of similar lands in the vicinity;
(e) The
reasonable disturbance compensation for the removal and/or demolition
of certain improvements on the land and for the value of improvements
thereon;
(f) The size,
shape or location, tax declaration and zonal valuation of the land;
(g) The price
of the land as manifested in the ocular findings, oral as well as
documentary evidence presented; and
(h) 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.
Sec. 4. Necessary Assistance from the Law
Enforcement Agencies. — The Department of Interior and Local Government
and the Philippine National Police shall vigorously assist the
expropriating agency in the peaceful taking of the land subject of
expropriation proceedings.
Sec. 5. Ban Against Court Injunctions. — For the
smooth operation of government activities critical to the economic
development effort of the nation, all concerned government agencies and
instrumentalities are hereby reminded that their essential public
infrastructure undertakings are protected from any court injunctions or
restraining orders in accordance with the provisions of Presidential
Decree No. 1818.
Sec. 6. Effectivity Clause. — This Administrative
Order shall take effect immediately.
DONE in the City of Manila,
this 17th of February, in the Year of Our Lord, nineteen hundred and
ninety-nine.
chan
robles virtual law library
Back
to Main
Since 19.07.98.
