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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims

CHAPTER IV

IROW Technical Working Group, Special Order 96, series of 2006

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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims

RESOLUTIONS
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;
IROW Technical Working Group, Special Order 96, series of 2006

4b

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
IROW Technical Working Group, Special Order 96, series of 2006

4c

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
EMINENT DOMAIN PARCEL RESOLUTION
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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];

DEO)

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

(Name of

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);

IROW Technical Working Group, Special Order 96, series of 2006

4d

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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


Chairperson

Regional Director

ATTACHMENT B
Form 2 QCR

IROW Technical Working Group, Special Order 96, series of 2006

4e

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
QUIT CLAIM RESOLUTION
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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 described
as follows:
Certificate Title No. _________________
Lot No. ___________________________ Area _______ sq. m. or has
Technical Description: _____________________

DEO)

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

(Name of

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, 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
IROW Technical Working Group, Special Order 96, series of 2006

4f

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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.

UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTACHMENT C
Form 3 S/IR
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
IROW Technical Working Group, Special Order 96, series of 2006

4g

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
DISTURBANCE COMPENSATION RESOLUTION
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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 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:
Properties
Quantity
Amount
Structure
Trees
Other improvements

DEO)

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

(Name of

WHEREAS, _________________________________ is the District Engineer of said district at the


time of execution of the project;
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;

IROW Technical Working Group, Special Order 96, series of 2006

4h

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTACHMENT D
Form 4 Condemnation
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
CONDEMNATION/ EXPROPRIATION RESOLUTION
IROW Technical Working Group, Special Order 96, series of 2006

4i

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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: 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];

DEO)

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

(Name of

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 ___ 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 ___
IROW Technical Working Group, Special Order 96, series of 2006

4j

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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 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;
Date

DPWH Offers
First
Second

Counteroffer of Claimant

WHEREAS, the basis of the second offer is based on the procedures of the governing laws at the
time of taking;
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 -- & ---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.
UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTACHMENT E
Form 5 Easement
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
EASEMENT RESOLUTION
IROW Technical Working Group, Special Order 96, series of 2006

4k

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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: Barangay: Municipality: Province: Station Limits:
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];
DEO)

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

(Name of

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 ___ 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 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;

IROW Technical Working Group, Special Order 96, series of 2006

4l

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
WHEREAS, that the property to be acquired is neither within the ROW limits of converted
provincial road, nor highways prescribed by statutes; Annex ____
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)
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 __ & __-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.
UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTACHMENT F
Form 6 No grantor
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
IROW Technical Working Group, Special Order 96, series of 2006

4m

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
NO GRANTOR RESOLUTION
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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
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];

DEO)

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

(Name of

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, however, he passed away on date_(Death Certificate)__
intestate;
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 ___ 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 ___
IROW Technical Working Group, Special Order 96, series of 2006

4n

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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 converted
provincial road, nor highways prescribed by statutes; Annex ____
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, 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.
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).
UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTCHMENT G
Form 7 Special Deed
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
(PERSONAL REPRESENTATIVE/GUARDIAN DEED)
IROW Technical Working Group, Special Order 96, series of 2006

4o

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
SPECIAL DEED RESOLUTION
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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
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];

DEO)

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

(Name of

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 being a minor; Annex ___ Birth Certificate
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 ___ 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);

IROW Technical Working Group, Special Order 96, series of 2006

4p

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
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 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 converted
provincial road, nor highways prescribed by statutes; Annex ____
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, 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 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).
UNANIMOUSLY CARRIED. Regional/Central IROW Committee
Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTACHMENT H
Form 8 Deed of Conveyance
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
IROW Technical Working Group, Special Order 96, series of 2006

4q

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
CENTRAL/REGION
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE
DEED OF CONVEYANCE RESOLUTION
RESOLUTION NO. 000001
(Number) (Region)
Month

Day

Year

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 -ofway (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(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:
Certificate Title No. _________________
Lot No. ___________________________ Area _______ sq. m. or has.
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 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;
DEO)

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

(Name of

WHEREAS, _________________________________ is the District Engineer of said district at the


time of execution of the project;
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 ___ 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 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

IROW Technical Working Group, Special Order 96, series of 2006

4r

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
under Sec 112 of Commonwealth Act 141.
increased to sixty meters;

Under PD 635, the twenty meters reservation had been

WHEREAS, that the property to be acquired is neither within the ROW limits of
converted provincial road, nor highways prescribed by statutes; Annex ____
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, 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.
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 coowners 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.
UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

Regional Director

ATTACHMENT I
Form 9 Disapproval
IROW Technical Working Group, Special Order 96, series of 2006

4s

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS


Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
INFRASTRUCTURE RIGHT-OF-WAY COMMITTEE-CENTRAL/REGION/DISTRICT
DISAPPROVAL OF CLAIM RESOLUTION

RESOLUTION NO. 000001


(Number) (Region)
Month

Day

Year

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 -ofway (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(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:
Certificate Title No. _________________
Lot No. ___________________________ Area _______ sq. m. or has.
Technical Description: _____________________
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.
UNANIMOUSLY CARRIED. Regional/Central IROW Committee

Member

Member

Member

Vice-Chairperson
APPROVED :

Assistant Regional Director


Chairperson

IROW Technical Working Group, Special Order 96, series of 2006

Regional Director

4t

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