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b)
c)
name of all persons owning, or claiming to own, or
occupying it, showing as far as practicable their separate
interest
d)
if the title to the property is in the name of the Republic
of the Philippines but is occupied by a private individual, or if
the title is obscure or doubtful, this fact must be stated
Upon filing of the complaint, the expropriator may enter the
property after depositing a certain amount with an
authorized government depositary. The value of the deposit
will vary if it is real property, the assessed value for tax
purposes, and if it is personal property, the court will
provisionally determine it.
If it is an LGU expropriating a real property, the deposit
should be equal to 15% of the market value of the property
based on the tax declaration.
If the acquisition involves property to be used for national
government infrastructure projects (RA 8794), the
government should deposit 100% of the value of the property
Negotiated sale
Negotiated sale is the preferred mode in ROW acquisitions
(unless the owner agrees to donate the site) as it avoids
going through the tedious process of expropriation.
In negotiating the purchase of a property, the government
agency is required to offer compensation to the owner in an
amount equivalent to the sum of (a) current market value of
the land, (b) replacement cost of structures and
improvements on it, and (c) current value of planted crops
and trees.
For this purpose, the agency may engage the services of a
government financial institution with adequate experience in
property appraisal, or an independent property appraiser
accredited by the Bangko Sentral ng Pilipinas (BSP), or a
professional association of appraisers recognized by the BSP.
The property appraisal will enable the agency to make a
reasonable offer to the owner and the latter will have no
reason to complain that he is being short-changed.
The owner has 30 days from receipt of the offer to buy his
property whether or not to accept it.
In an act of generosity, the law allows the payment of the
replacement cost of structures and improvements even if
their owners do not have legally recognized rights to the
land on condition they are Filipino citizens, they do not own
any real property or other housing facility in any urban or
rural area, and are not professional squatters or members of
a squatting syndicate, as defined in the Urban Development
and Housing Act of 1992.
Payment terms
If the owner agrees to the sale, 50 percent of the agreed
price of the land and 70 percent of the price of the
structures, improvements, crops and trees (in both cases
exclusive of unpaid real estate taxes) shall be paid by the
agency upon the signing of the deed of sale.
The balance of 50 percent for the land and 30 percent for the
structures and improvements shall be paid when the title to
the land has been transferred to the Republic of the
Philippines and the land is completely cleared of structures,
improvements, crops and trees.
To sweeten the pot in negotiated sales, the capital gains tax
payable from the sale of the land and its improvements
(which under existing laws is the sellers obligation), shall be
paid by the agency for the account of the seller.