08 - Chapter IV Resolution

PREFACE

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Manila, Philippines

Simplified Guidelines for Validation and Evaluation of IROW Claims

CHAPTER IVRESOLUTIONS

PURPOSE

This chapter establishes the forms and processes for preparing right of way resolutions.

USERS

Users of this document are officials and staff in the Central, Regional and District Offices involved in Infrastructure Right of Way, the IROW Committees.

THE IROW RESOLUTION(s)

The IROW Committee concerned shall execute the specific Resolution, applicable to a particular situation, after the validation of documents as to authenticity and evaluation as to propriety of claims. The approved Resolution is the official statement by the Department approving or disapproving the claims for the acquisition of property and property rights (land, structures, and other improvements) for right-of-way. For clarity and uniformity of application of a particular Resolution, and to fast track its approval, the formats or templates of the various Resolutions are included in this chapter.

EXECUTION AND FILING OF IROW RESOLUTIONS

1. Each IROW Resolution must be executed by the concerned Central/Regional IROW Committee. The resolution executed by the Regional IROW Committee shall be approved by the Regional Director concerned. The resolution executed by the IROW Central Office Committee shall be approved by the Secretary.

2. Original copies of the IROW Resolutions must be filed by the concerned Offices that executed the resolutions. However, the Regional Offices must have a complete file of their respective resolutions in their jurisdiction and the Central Office; the IROW-PMO shall have a complete file of resolutions from all Regional IROW Committees.

3. Each approved IROW Resolution with attachments must be recorded in the Register of Deed of the municipality/city where the land is situated.

THE RESOLUTIONS

1. Attachment A- Resolution on Eminent Domain - shall be used for claims with Title that is free from reasonable doubt and will not expose the party who holds it to hazards of litigation, with tax clearance and authentic documents, and the claimant is the absolute owner.

2. Attachment B- Resolution on Quit Claim - shall be used for claims with Title acquired under the provisions of special laws such as CA 141 Public Land Act, EO 113 Highways by statute, PD 635, Certificate of Land Ownership Award (CLOA) issued under Public Land Act, and the claimant is the absolute owner.

Claim. Caution: Claims with Titles issued under Public Land Act should not be subject to expropriation or condemnation for reason that the Department is just taking the land that belongs to the state;

3. Attachment C- Resolution on Disturbance Compensation - shall be used for claims on disturbance compensation such as affected structures and other improvements. 4. Attachment D- Resolution on Condemnation/Expropriation - shall be used for Claims with Title that is free from reasonable doubt and will not expose the party who holds it to hazards of litigation, with tax clearance and authentic documents, however, the refuted owner does not want to convey his or her property or property rights to the government. 5. Attachment E- Resolution on Easement - shall be used for Claims with Title that is free from reasonable doubt and will not expose the party who holds it to hazards of litigation, with tax clearance and authentic documents, however, the refuted owner grant easement for right-of-way or value of land involved is very nominal for the reason that the expenses of surveying or segregating the affected portion from the main lot would be very much more than the value of lot being acquired. 6. Attachment F- Resolution on No Grantor- shall be used for Claims with Title that is free from reasonable doubt and will not expose the party who holds it to hazards of litigation, with tax clearance and authentic documents, however, the land involved is registered in the name of the deceased.

7. Attachment G- Resolution on Special Deed - shall be used for Claims with Title that is free from reasonable doubt and will not expose the party who holds it to hazards of litigation, with tax clearance and authentic documents, however, the land involved is registered in the name of Minors. 8. Attachment H- Resolution on Deed of Conveyance- shall be used for Claims with Title that is free from reasonable doubt and will not expose the party who holds it to hazards of litigation, with tax clearance and authentic documents, however, the land is registered or declared in the name of two or more co-owners with specific area or portion belong to each merely expressed in aliquot parts but without definite boundaries or description for each share. 9. Attachment I- Resolution on Disapproval of Claim - shall be used for claims with Title that is not marketable, e.g., Spanish Titles which have not been brought under the operation of Torrens system, spurious documents, claimant(s) are not the refuted owner(s) of the parcel of land affected.

CHANGES IN THE RESOLUTIONS

Changes to any of the IROW Resolution formats or templates, per Attachments A, B, C, D, E, F, G, H and I must be approved in writing by the Secretary.

ATTACHMENT A

Form 1 EDPR


CENTRAL/REGION INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE

EMINENT DOMAIN PARCEL RESOLUTION

RESOLUTION NO. 000001

(Number) (Region)

MonthDayYear

WHEREAS, pursuant to Article 1 of RA 917, Philippines Highway Act, the Department of Public Works and Highways has authority to select, locate, designate highways, acquire and use of right-of-way and to construct, reconstruct and maintain the same;

WHEREAS, pursuant to the provisions of Special Order No. _____, series of 2007, the Secretary of the Department of Public Works and Highways has authorized the creation of INFRASTRUCTURE RIGHT-OF-WAY CommitteeS to effect the proper evaluation, management, and settlement of right -of-way (ROW) claims in which the property is located, which are necessary for the construction of _________Project, which was executed on _____(Date of Project Execution)____;

WHEREAS, the claimant (Name of Claimant) with Address at (Complete Address of Claimant) submitted claims on _(Date of Submission of Claim)_ with supporting documents on the property or parcel of land described as follows:

Certificate Title No. _________________

Lot No. ___________________________ Area _______ sq. m. or has

Location of lot: Barangay __________, Municipality ____________,Province_____________Technical Description: _____________________

Copies of which descriptions are attached hereto [i.e., Original Certificate Title (OCT) and/or Transfer Certificate of Title (TCT) duly authenticated by the Register of Deeds, marked as Annex 1] and by reference made apart hereof, is necessary, to the extent of the estate or interest set forth in the respective parcel descriptions [copy of original Parcellary plan approved by DPWH, and Subdivision Plan approved by the Land Management Services of the Department of Environment and Natural Resources (DENR), marked as Annex 2];

WHEREAS, the property to be acquired is located within the area of jurisdiction of the (Name of DEO) District Engineering Office, Region ___ of the Department;

WHEREAS, _________________________________ is the District Engineer of said district at the time of execution of the project;

WHEREAS, upon thorough verification of the claim and evaluation of documents submitted by (Name of Claimant) with Address at (Complete Address of Claimant), it is the finding of the Central/Region ______ IROW Committee that the claimant is the absolute owner of the property and that he/she has legal capacity to enter into a contract of sale;

WHEREAS, the property to be acquired has not been sold and is not encumbered by way of mortgage or otherwise to other parties;

WHEREAS, the owner had paid the corresponding taxes for the last five (5) years prior to this claim (Annex 3, Tax Clearance);

WHEREAS, the classification of the Assessor is in accordance with the actual use of the property at the time of taking (Annex 4, Tax Declaration at the time of taking);

WHEREAS, there is neither pending claim nor payment already received, for the acquisition of the subject property by the government;

WHEREAS, that the property being claimed was not acquired under the Public Land Act, which reserves in favor of the government an easement of twenty meters for public improvements as provided under Sec 112 of Commonwealth Act 141. Under PD 635, the twenty meters reservation had been increased to sixty meters;

WHEREAS, that the property to be acquired is neither within the ROW limits of a converted provincial road to national road nor highways prescribed by statutes;

WHEREAS, the said property to be acquired extend beyond the easements prescribed in Water Code of the Philippines (3 meters in urban area, 10 meters rural area, 50 meters shoreline, 100 meters forested area);

WHEREAS, that the price or consideration for the Sale in the amount of Php _________ is fair and reasonable and was determined in accordance with the provisions of governing laws at the time of taking and is not over priced; Annex 5 BIR Certification on the Zonal Value at the locality where the property is located at the time of taking; Annex 6 Acceptance of the First Offer or Second Offer;

WHEREAS, the amount in consideration for the acquisition of the property or property rights is within the existing delegated authority of the Regional Director/Assistant Secretary/Undersecretary concerned.

NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED by the Central/Region ______ IROW Committee that after validation of all the documents (See Annexes 7 & 8-Accomplished Forms 1 & 2 from Simplified Guideline) and after ascertaining the reasonableness of the claim to be advantageous to the Government said property descriptions are ratified and approved; and

BE IT FURTHER RESOLVED, that it is the judgment of the Department that the acquisition of the property or property rights described in said parcel description is necessary for the performance of it duties and for the construction, reconstruction, and maintenance of said __Name of Project___________ for the use of the general public, and that the Department, through the concerned Regional/Central Office is hereby authorized to make such acquisition by purchase.

UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member Member

Member Vice-Chairperson

APPROVED:

Assistant Regional Director

ChairpersonRegional Director

ATTACHMENT B

Form 2 QCR



QUIT CLAIM RESOLUTION


(Number) (Region)

MonthDayYear



WHEREAS, the claimant (Name of Claimant) with Address at (Complete Address of Claimant) submitted claims on _(Date of Submission of Claim)_ with supporting documents on the property described as follows:



Technical Description: _____________________




WHEREAS, that the property being claimed was acquired under the Public Land Act, which reserves in favor of the government an easement of twenty meters for public improvements as provided of Commonwealth Act 141. Under PD 635, the twenty meters reservation had been increased to sixty meters; or

WHEREAS, that the property to be acquired is within the ROW limits of converted local roads to national roads or highways with prescribed width by statutes;

or

WHEREAS, the said property to be acquired is within the easements prescribed in Water Code of the Philippines, the Civil Code of the Philippine and other related laws;

NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED by the Central/Region ____ IROW Committee that after validation of all the documents (See Annexes ---& ----Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after finding the unreasonableness of the claim and finding disadvantageous to the Government considering that the said parcel of land is patented land subject to reserved strip for right-of-way, said claim shall be subject to Deed Quit Claim.


Member Member


APPROVED :



ATTACHMENT C

Form 3 S/IR



DISTURBANCE COMPENSATION RESOLUTION


(Number) (Region) MonthDayYear



WHEREAS, the claimant (Name of Claimant) with Address at (Complete Address of Claimant) submitted claims on _(Date of Submission of Claim)_ with supporting documents on the affected structures/improvements located in property or parcel of land owned by ___________________________ with Address at (________________________).

Description of Properties such as Structure, trees and other improvements:

PropertiesQuantityAmount

Structure

Trees

Other improvements



WHEREAS, as per Certification of the District Engineer the affected properties are within the construction limits or ROW limits (as per instruction at the time of survey) before the Cut-off Date ____. Annex ___ Certification and Annex___ Pictures (Before and After Demolition)

WHEREAS, the claimant expressed his/her willingness to clear the section by entering into Agreement to Demolish and Remove Improvement with the DPWH Annex ___

WHEREAS, upon thorough verification of the claim and evaluation of documents submitted by (Name of Claimant) with Address at (Complete Address of Claimant), it is the finding of the Central/Region __________ IROW Committee that the claimant is the absolute owner of the subject properties as shown in the Tax Declaration of Property for the last five(5) years at the time of taking (See Annex ___) and that he/she has legal capacity to enter into a contract of sale;

WHEREAS, the amount in consideration Php _____________ was based on the prevailing prices of construction materials and trees, etc. at the time of taking, for the payment of damages to affected structures and other improvements is within the delegated authority of the Regional/Central Office;

NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED, by the Central/Region _________ IROW Committee that after validation of all the documents (See Annexes -- & ---Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after ascertaining the reasonableness of the claim to be advantageous to the Government said claim for the damaged structures and other improvements are ratified and approved; and

BE IT FURTHER RESOLVED, that the compensation for the affected structures and other improvements is necessary for the construction, reconstruction, and maintenance of said __Name of Project___________ for the use of the general public, and that the IROW Committee Regional/Central Office hereby recommended/approved the payment of the compensation for the damaged structures and other improvements in the amount of Php. ____________________.UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member Member


APPROVED :



ATTACHMENT D

Form 4 Condemnation



CONDEMNATION/ EXPROPRIATION RESOLUTION


(Number) (Region)

MonthDayYear






Location: Barangay: Municipality: Province:







WHEREAS, the owner had paid the corresponding taxes for the last five (5) years prior to this claim (Annex ___ Tax Clearance);

WHEREAS, the classification of the Assessor is in accordance with the actual use of the property at the time of taking (Annex ___Tax Declaration at the time of taking);

WHEREAS, as per certification of the District of __________, that there is no previous pending claim nor the payment has already been received, for the acquisition of the subject property by the government; Annex ___


WHEREAS, that the property to be acquired is neither within the ROW limits of converted provincial road, nor highways prescribed by statutes; Annex ____

WHEREAS, the said property to be acquired extend beyond the easements prescribed in Water Code of the Philippine, the Civil Code of the Philippines;

WHEREAS, during the negotiation, however, the Department and the claimant failed to reach an agreement on the value of the property, i.e. the first and second offers (based on prevailing land values in the project area at the time of taking) were rejected by the claimant; Annex ____ First Offer; Annex ___Letter of rejection of 1st offer; Annex___ 2nd Offer; Annex ___ Letter of Rejection of 2nd offer;

DateDPWH OffersCounteroffer of Claimant

First

Second

WHEREAS, the basis of the second offer is based on the procedures of the governing laws at the time of taking;


NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED, by the Central/Region __________ IROW Committee that after validation of all the documents (See Annexes -- & ---Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after ascertaining the reasonableness of the claim to be advantageous to the Government said claim, however due to failure in negotiation to reach an agreement between the claimant/owner of the property or parcel of property as described above and the DPWH, it is hereby strongly recommended that the Department shall exercise its right of eminent domain by filing complaint with the proper Court for the expropriation, according to Rule 67 of the Rules of Court, of the subject property or parcel of property.


Member Member


APPROVED :



ATTACHMENT E

Form 5 Easement



EASEMENT RESOLUTION


(Number) (Region)

MonthDayYear





Lot No. ___________________________ Area _______ sq. m. or hasLocation: Barangay: Municipality: Province: Station Limits: Technical Description: _____________________




WHEREAS, upon thorough verification of the claim and evaluation of documents submitted by(Name of Claimant) with Address at (Complete Address of Claimant), it is the finding of the Central/Region ______ IROW Committee that the claimant is the absolute owner of the property and that he/she has legal capacity to enter into a contract of sale;







WHEREAS, that the price or consideration in the amount of Php _________ is nominal for the reason that expenses of surveying or segregating the affected portion from the main lot would be very much more than the value of the lot being acquired. (Prevailing cost of surveying and segregation at the time of taking is Php _______; Annex ___ (Certification from a licensed Geodetic Engineer who actually surveyed the lot or if he is not available a certification from another licensed Geodetic Engineer will do)


NOW, THEREFORE,BE IT RESOLVE, AS IT IS HEREBY RESOLVED, by the Central/Region _______ IROW Committee that after validation of all the documents (See Annexes __ & __-Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after ascertaining the reasonableness of the easement to be advantageous to the Government said property descriptions are ratified and approved; and

BE IT FURTHER RESOLVED that the property rights described in said parcel description as easement is necessary for the performance of it duties and for the construction, reconstruction, and maintenance of said __Name of Project___________ for the use of the general public, and that the Department is hereby authorized to execute an Easement Agreement between the DPWH and the owner who granted the easement for right of way. Further, the following statements shall form part of the Easement Agreement as per the recommendation of the Commission on Audit for this particular mode of acquisition of right-of-way: 1) In case of change of alignment of the road, the government shall be allowed by the owner of the lot to enjoy the easement of right-of-way in another portion of his property, that may be traversed by the realigned road, equal in area to that previously paid and without additional compensation; 2) That in the event the government should abandon the road at some future date, the area occupied by the abandoned road may revert to the owner upon payment of a price agreed upon between the government and such owner, which in no case shall be less than what the government had previously paid him; and 3) That this mode should be utilized only when the value of the lot involved is less than P5,000.0.: Furthermore, the concerned District Engineering Office shall cause the immediate registration of the Easement Agreement with the Register of Deeds.


Member Member


APPROVED :



ATTACHMENT F

Form 6 No grantor



NO GRANTOR RESOLUTION


(Number) (Region)

MonthDayYear










WHEREAS, upon thorough verification of the claim and evaluation of documents submitted by (Name of Claimant) with Address at (Complete Address of Claimant), it is the finding of the Central/Region ______ IROW Committee that the claimant is the absolute owner of the property and that he/she has legal capacity to enter into a contract of sale, however, he passed away on date_(Death Certificate)__ intestate;







WHEREAS, that the price or consideration for the Conditional Sale in the amount of Php _________ is fair and reasonable and was determined in accordance with the provisions of governing laws at the time of taking and is not over priced; Annex ___ BIR Certification on the Zonal Value at the locality where the property is located at the time of taking; Annex ____ acceptance of the First Offer or Second Offer;


WHEREAS, as the passing of time the claimant/owner died intestate and the heirs should effect an extra- judicial partition among themselves of the estate left by their parents. Annex ___ Death Certificate;

NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED, by the Central/Region ________ IROW Committee that after validation of all the documents (See Annexes --- & ----Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after ascertaining the reasonableness of the claim to be advantageous to the Government said property descriptions are ratified and approved, however, to protect the interest of the government the heirs shall be required to effect an extra- judicial partition among themselves of the estate left by the deceased claimant.

BE IT FURTHER RESOLVED that the acquisition of the property rights described in said parcel description is necessary for the performance of it duties and for the construction, reconstruction, and maintenance of said __Name of Project___________ for the use of the general public, and that the concerned District Engineering Office is hereby authorized to acquire the same by purchase upon submission of the extra-judicial partition by the heirs of the deceased refuted owner. Further, the concerned District Engineering Office shall cause the immediate registration of the Extra-Judicial Partition with the Register of Deeds in the municipality where the land is situated. However, failure of the claimant(s) to submit the Extra-Judicial Partition within the prescribed period of ten (10) years, the claim shall be barred by the statute of limitations. (Lopez vs. Auditor General, 20 SCRA 655).


Member Member


APPROVED :



ATTCHMENT G

Form 7 Special Deed



(PERSONAL REPRESENTATIVE/GUARDIAN DEED)

SPECIAL DEED RESOLUTION


(Number) (Region)

MonthDayYear










WHEREAS, upon thorough verification of the claim and evaluation of documents submitted by(Name of Claimant) with Address at (Complete Address of Claimant), it is the finding of the Central/Region ______ IROW Committee that the claimant is the absolute owner of the property and that he/she has legal capacity to enter into a contract of sale being a minor; Annex ___ Birth Certificate







WHEREAS, that the price or consideration in the amount of Php _________ is fair and reasonable and was determined in accordance with the provisions of governing laws at the time of taking and is not over priced; Annex ___ BIR Certification on the Zonal Value at the locality where the property is located at the time of taking; Annex ____ acceptance of the First Offer or Second Offer;


NOW, THEREFORE,BE IT RESOLVED by the Central/Region ________ IROW Committee that after validation of all the documents (See Annexes --- & ---Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after ascertaining the reasonableness of the claim to be advantageous to the Government said property descriptions are ratified and approved, however, to protect the interest of the government considering that the owner is not of legal age to enter into valid contract of sale, an Order of the Court on the Administration of the subject property by a Guardian shall be required to the claimant/owner.

BE IT FURTHER RESOLVED that the acquisition of the property rights described in said parcel description is necessary for the performance of it duties and for the construction, reconstruction, and maintenance of said __Name of Project___________ for the use of the general public, and that the Department is hereby authorized to acquire the same by purchase upon submission of the Order of the Court on the Administrator of the Guardian. Further, the concerned District Engineering Office shall cause the immediate registration of the Special Deed with the Register of Deeds. However, failure of the claimant(s) to submit the Special Deed within the prescribed period of ten (10) years, the claim shall be barred by the statute of limitations. (Lopez vs. Auditor General, 20 SCRA 655).


Member Member


APPROVED :



ATTACHMENT H

Form 8 Deed of Conveyance



DEED OF CONVEYANCE RESOLUTION


(Number) (Region)

MonthDayYear



WHEREAS, the claimant(s) (Name of Claimants) with Address at (Complete Address of Claimant) submitted claims on _(Date of Submission of Claim)_ with supporting documents on the property or parcel of land described as follows:


Lot No. ___________________________ Area _______ sq. m. or has.



WHEREAS, the subject property is declared in the name of the two or more than co-owners with specific area or portion belonging to each merely expressed in aliquot parts (1/3, 3/5, etc.) but without definite boundaries or description for each share;









WHEREAS, that the price or consideration in the amount of Php _________ is fair and reasonable and was determined in accordance with the provisions of governing laws at the time of taking and is not over priced; Annex ___ BIR Certification on the Zonal Value at the locality where the property is located at the time of taking; Annex ____ acceptance of the First Offer or Second Offer;


WHEREAS, upon thorough verification of the claim and evaluation of documents submitted by (Name of Claimant) with Address at (Complete Address of Claimant), it is the finding of the Central/Region ________ IROW Committee that there are two or more owners of the subject property and that the co-owners have all legal capacity to enter into a contract of sale.

NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED by the Central/Region _________ IROW Committee that after validation of all the documents (See Annexes -- & ---Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the owner/claimant and after ascertaining the reasonableness of the claim to be advantageous to the Government said property descriptions are ratified and approved, however, in order to protect the interest of the government, the authority to purchase the property is recommended and approved, pursuant to the instrument (Deed of Conveyance) signed by the co-owners to be approved by the Regional Director. Further, an Affidavit of Adverse Claim should be filed

by the District Engineer with the Office of the Register of Deeds or the Provincial Assessor, as the case may be.

BE IT FURTHER RESOLVED that the acquisition of the property rights described in said parcel description is necessary for the performance of it duties and for the construction, reconstruction, and maintenance of said __Name of Project___________ for the use of the general public, and that the Departments hereby authorized to acquire the same by purchase upon submission of the Deed of Conveyance of claimants/co-owners. Further, the concerned District Engineering Office shall cause the immediate registration of the Deed of Conveyance with the Register of Deeds. However, failure of the parties or co- owners to submit the Deed of Conveyance within two months, subject claim shall be recommended for condemnation or expropriation.


Member Member


APPROVED :



ATTACHMENT I

Form 9 Disapproval


INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE-CENTRAL/REGION/DISTRICT

DISAPPROVAL OF CLAIM RESOLUTION


(Number) (Region)

MonthDayYear



WHEREAS, the claimant(s) (Name of Claimants) with Address at (Complete Address of Claimant) submitted claims on _(Date of Submission of Claim)_ with supporting documents on the property or parcel of land described as follows:


Lot No. ___________________________ Area _______ sq. m. or has.


WHEREAS, upon thorough verification and evaluation of documents (See Annexes -- & ---Accomplished Forms 1 & 2 from Simplified Guideline) submitted by the claimant, it is the finding of the Central/Region ______ IROW Committee that the title is not marketable or the land being claimed is not adversely afftected by the project, or, the claimant is not the refuted owner(under litigation), bankruptcy, etc.

NOW, THEREFORE, BE IT RESOLVED by the Central/Region ______ IROW Committee that in order to protect the interest of the government, the authority to the Department to deny such claim is hereby recommended and approved.


Member Member


APPROVED :



PAGE 4sIROW Technical Working Group, Special Order 96, series of 2006

08 - Chapter IV Resolution

Documents

approved irow resolution

approved resolution

filing of irow resolutions

particular resolution

regional irow committees

specific resolution

attachment b resolution

attachment c resolution