Due Process & Compensation for Long-Term Occupants on Government Land (Philippine Perspective, 2025)

1. Constitutional & Policy Foundations

Provision	Key Guarantees for Occupants
Art. III, §1	No person may be deprived of life, liberty, or property without due process of law.
Art. III, §9	Private property shall not be taken for public use without just compensation.
Art. XII, §2 (Regalian Doctrine)	All lands of the public domain belong to the State; only agricultural, alienable & disposable (A & D) lands may be conveyed.
Art. XIII, §9–10	Mandate for urban land-reform, social housing, relocation, and compensation for under-privileged and homeless citizens.
Art. II, §22 / IPRA (R.A. 8371)	Recognition of ancestral domains & requirement of free, prior & informed consent (FPIC) plus compensation where State action affects IP lands. (Judiciary eLibrary)

2. Statutory Framework at a Glance

Law	What It Covers	Core Due-Process / Compensation Rules
Public Land Act (C.A. 141) & R.A. 10023	Titling A & D land via homestead, free patent, or judicial confirmation	Applicant must prove occupation & cultivation; long-term occupancy never ripens into title if land is still inalienable.
Urban Dev. & Housing Act (UDHA, R.A. 7279, 1992)	Eviction/demolition of under-privileged & homeless	§28 lists the famous “Ten UDHA Safeguards” (notice, consultation, court order, humane hours, presence of LGU/PCUP, relocation, etc.). (Refworld)
R.A. 10752 (2016) Right-of-Way Act	Acquisition of land/structures for national infrastructure	Prefers negotiated sale; if expropriation ensues, just compensation = current market value + replacement cost of improvements, incl. those built by informal settlers. (Department of Public Works and Highways)
Comprehensive Agrarian Reform Law (R.A. 6657) & CARPER (R.A. 9700)	Compulsory acquisition of private & gov’t agricultural land	Land Bank valuation formula; owners & farmer-beneficiaries both enjoy notice & hearing before DARAB. (Wikipedia)
Indigenous Peoples’ Rights Act (R.A. 8371)	Ancestral domains	No project may proceed without FPIC; the Ancestral Domains Fund (₱130 M start-up) finances compensation where domains are impaired. (FAOLEX Database)

3. Due-Process Triggers for Long-Term Occupants

Reversion & Recovery of Public Land
- The Solicitor General or DENR may sue for reversion; occupants are entitled to notice, answer, and full trial.
- Republic v. CA & Naguit clarified that an occupant can only perfect title if land was already declared A & D before the filing of an application. (Lawphil)
Eviction/Demolition under UDHA
- City of Manila v. Banayad (G.R. 247009, 6 Feb 2024) annulled a demolition because LGU skipped the §28 consultation & relocation steps. (RESPICIO & CO.)
Right-of-Way for Infrastructure
- Under R.A. 10752, informal settlers can neither veto projects nor claim land ownership, yet are owed replacement cost + relocation; DPWH must craft a Land Acquisition, Resettlement & Rehabilitation Plan (LARRP) with public consultations. (Department of Public Works and Highways)
Ancestral Domains
- The NCIP issues a Certification Pre-condition only after FPIC assemblies; absence of FPIC voids any State grant or project permit. (WIPO)

4. Elements of Procedural Due Process (UDHA §28)

“Eviction or demolition shall be discouraged. It may occur only when…”

Element	Practical Translation
(a) Danger areas or gov’t projects	Must be specifically certified by LGU/agency.
(b) 30-day written notice	Personal service + barangay posting.
(c) Consultation with affected families	Minutes signed by reps, PCUP, & NGOs.
(d) Court order (general rule)	Exception: on-going illegal construction, danger zones.
(e) Presence of uniformed police & LGU medics	To prevent violence, provide first aid.
(f) Humane hours & weather	8 AM-5 PM; not on weekends/holidays/rainy days.
(g) Relocation or financial assistance	Adequate services, possession certificates, transport. (hudcc.gov.ph)

Failure of any element renders the demolition void and officials may face civil & criminal liability (Anti-Graft Act; Art. 32, Civil Code).

5. Substantive Due Process & Just Compensation

Taking Context	How Compensation Is Valued
Expropriation (Rule 67, RoC)	Judicially fixed FMV as of filing date + interests (6% p.a.).
R.A. 10752 ROW	Negotiated FMV (zonal or assessor’s value, whichever higher) + replacement cost of structures/crops, paid within 7 days of deed signing; if parties refuse, agency deposits 100% FMV + replacement cost in court. (Department of Public Works and Highways)
UDHA Relocation	Disturbance compensation (often ₱18k–₱60k/household per DHSUD circulars) + onsite/offsite housing; funds chargeable to project proponent. (DILG)
Ancestral Domains	Monetary or land-for-land compensation drawn from the Ancestral Domains Fund; loss of cultural sites may be compensated in kind (e.g., ceremonial areas). (Digest PH)
Agrarian Reform	Land Bank’s basic formula (MV = (Capitalized Net Income) + 10% of MV improvements) confirmed by SC in Land Bank v. Heirs of Montalvan (2023). (Lawphil)

6. Can Long-Term Possession Create Ownership?

Against the State: Prescription does not run (Art. 1113 Civil Code; §47 C.A. 141).
Exception—Residential Free Patent (R.A. 10023): Ten-year tax declaration + 30-year actual, open, continuous occupation of A & D land allows titling up to 200 sq m (city) / 750 sq m (rural).
Equitable Considerations: Courts occasionally award reimbursement or builders-in-good-faith value for improvements when government later classifies land for public use (see Republic v. CA, G.R. 170375, 2010). (Lawphil)

7. Recent Jurisprudence & Trends (2024-2025)

Decision	Take-Away
City of Manila v. Banayad (2024)	Struck down summary demolition absent UDHA §28 compliance even in “danger zones.” (RESPICIO & CO.)
Heirs of Malabanan 2024 Re-examination	Re-affirmed doctrine that Declaration of A & D status — not mere occupation time-span — is sine qua non for prescription vs. State. (Lawphil)
Senate Bill 1874 (pending)	Seeks to double relocation assistance and criminalize non-issuance of 30-day notice. (legacy.senate.gov.ph)

8. Administrative Mechanisms

Body	Mandate Relevant to Occupants
DHSUD / NHA	Socialized housing, relocation site development.
Presidential Commission for the Urban Poor (PCUP)	Pre-demolition conferences; monitors UDHA compliance; may recommend halting illegal demolitions. (Judiciary eLibrary)
DPWH ROW Task Force	Implements LARRP & compensation under R.A. 10752.
NCIP	FPIC facilitation; ancestral-domain compensation.
DAR / DENR / OSG	Reversion suits; CARP coverage; land classification.

9. Practical Checklist for Lawyers & Communities

Verify Land Status
- Check DENR land-classification maps; obtain Lot Data/CLAS.
Demand Documentary Compliance (for eviction/demolition)
- Written notice, consultation minutes, court order, approved relocation plan.
Compute Entitlements Early
- Gather tax declarations, assessor’s FMV, photos of improvements, receipts.
Invoke Administrative Remedies First
- File protest with PCUP/DHSUD; request DPWH mediation under §4 R.A. 10752 IRR.
Judicial Relief
- Rule 65 certiorari for grave abuse; Rule 67 counter-claims in expropriation; Acción Reivindicatoria if State title is questionable.

10. Key Take-Home Rules

No title ≠ no rights. Even squatters on government land are constitutionally protected against arbitrary dispossession and entitled to humane relocation or compensation where the law so provides.
Due process is two-tiered: procedural (proper notice/hearing) and substantive (fair reason + fair price).
Compensation is context-specific: ROW Act, UDHA, CARP, and IPRA each supply distinct formulas; always identify the applicable statute first.
Long-term occupancy alone rarely defeats the Regalian Doctrine—but it can ripen into statutory or equitable reliefs (free patent, builders-in-good-faith, disturbance pay).
Recent Supreme Court cases (2024-2025) have tightened enforcement of UDHA safeguards and clarified land-classification prerequisites—making procedural vigilance more critical than ever.

Prepared: 1 June 2025 (GMT+8).