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Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
CHAPTER IV
4a
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 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
ATTACHMENT A
Form 1 EDPR
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
IROW Technical Working Group, Special Order 96, series of 2006
4c
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, the owner had paid the corresponding taxes for the last five (5) years prior to this
claim (Annex 3, Tax Clearance);
4d
Member
Member
Vice-Chairperson
APPROVED:
Regional Director
ATTACHMENT B
Form 2 QCR
4e
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
4f
Member
Member
Member
Vice-Chairperson
APPROVED :
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
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, 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;
4h
Member
Member
Member
Vice-Chairperson
APPROVED :
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
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
4j
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 :
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
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
4l
Member
Member
Member
Vice-Chairperson
APPROVED :
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
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
4n
Member
Member
Member
Vice-Chairperson
APPROVED :
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
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
4p
Member
Member
Vice-Chairperson
APPROVED :
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
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, 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
4r
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 :
Regional Director
ATTACHMENT I
Form 9 Disapproval
IROW Technical Working Group, Special Order 96, series of 2006
4s
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 :
Regional Director
4t