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PROBLEM
Veronica Delacruz with her husband Jaime and their kids have an afternoon nap
inside their cell at Manila City Jail.
Today, however, it holds over 4,500 inmates, making it extremely over-crowded. The
last big riot was in 1999 when 7 people including a child died. Fights are still
rampant. The biggest killer is tuberculosis, followed by asthma. In 2002 alone, over
50 inmates succumbed to these types of respiratory tract diseases. This harsh
environment is made all the worse by the fact that all the inmates are yet to be
convicted. They are awaiting trial; that wait can last anything from four to nine
years due to a very slow judiciary court system. The jail is divided in two different
dorms; the biggest part is taken by Metro Manila's four gangs, Bahalagang
(fearless), Sputnik, Commando and Batang City Jail gang. Each gang has 400 to 800
members
SOLUTION
Republic Act 10752
President Aquino has signed a law covering procedures for the acquisition of rightof-way (ROW) for infrastructure projects of the government.
Under Republic Act 10752 or An Act Facilitating the Acquisition of ROW Site or
Location for National Government Infrastructure Projects signed on March 7, 2016,
owners of private property taken for public use would be given just compensation.
The State shall ensure that owners or real property acquired for national
government infrastructure projects are promptly paid just compensation for the
expeditious acquisition of the required ROW for the projects, the law stated.
The law provides the following modes of acquiring real property for any national
government infrastructure project: donation, negotiated sale, expropriation or any
other modes allowed legally.
Business groups said infrastructure development is expected to accelerate at a
faster pace in the coming years with the passage of the ROW law.
With infrastructure being one of the countrys weak spots, local and foreign
business groups welcomed the recent signing of RA 10752.
The signature of RA 10752 by the President is a welcome development for the
infrastructure industry. We are hopeful that it will address the substantial delays
that right of way issues have caused for vital infrastructure projects across the
country in the past, European Chamber of Commerce of the Philippines (ECCP)
president Guenter Taus said.
This is a great news as this law will make infrastructure development faster, ECCP
vice president for external affairs Henry Schumacher added.
According to the business community, the law would primarily boost roll out and
development of projects under the governments public-private-partnership (PPP)
program.
Business groups have long been clamoring for more infrastructure projects given
the countrys sustained and robust economic growth.
That should help, though at the end of the day it boils down to the ability of
agencies to execute, said John Eric Francia, head of Ayalas infrastructure and
energy group.
The Ayala Group has been an active participant in the PPP program in recent years
and the countrys oldest conglomerate is expected to continue doing so in the
coming years.
Philippine Chamber of Commerce and Industries president George Barcelon said
right of way issues have long been hampering the immediate development of some
of the countrys important infrastructure developments.
The law provides the following modes of acquiring real property for any national
government infrastructure project: donation, negotiated sale, expropriation or any
other modes allowed legally.
For property acquired via negotiated sale, the implementing government agency of
the project must pay the owner fair compensation equivalent to the current market
value of the land, costs of replacement of structure and improvements therein, as
well as the value of crops and trees to be removed.
To determine the appropriate price offer, the implementing government agency may
engage the services of a government financial institution or an independent
property appraiser accredited by the Bangko Sentral ng Pilipinas.
The property owner is given 30 days to accept or refuse the governments offer for
payment. If the land owner accepts the offer, the implementing agency will need to
pay 50 percent of the negotiated price upon execution of a deed of sale. The
balance would be paid by the time the land title is transferred to the government.
Should the property owner decline the price offer, the implementing agency could
initiate expropriation proceedings and take the matter to the proper court.
For informal settlers to be affected by the project, the government will have to
establish resettlement sites.
To be able to acquire ROW site or location for infrastructure projects, the
government will need to provide adequate appropriations.