Road Right-of-Way and Expropriation in the Philippines: When Government Asks You to “Donate” Land

Last updated: October 1, 2025 (Philippine legal framework; not legal advice).

Big Picture

When the national government or a local government unit (LGU) widens a road or builds new public works, it must lawfully acquire private property needed for the project. Officials sometimes “request” landowners to donate a strip of land. Donation is voluntary—you are not required to give up property without payment. If you do not donate, the State may acquire the property by negotiated purchase or through expropriation (eminent domain), but only with due process and just compensation.

Core Legal Foundations

Constitutional guarantees
- Due process: No person shall be deprived of property without due process of law.
- Takings clause: Private property shall not be taken for public use without just compensation. (1987 Constitution, Art. III)
Statutes and key regimes
- Right-of-Way (ROW) for national projects: Republic Act No. 10752 (“Right-of-Way Act”) and its IRR (DPWH/DOF, etc.).
- LGU eminent domain: Section 19, Local Government Code (RA 7160) + jurisprudence.
- Civil Code easements: Arts. 649–657 (re: private-to-private rights-of-way and general easement principles).
- Urban development, resettlement, and social safeguards: RA 7279 (UDHA) and related rules (when displacement of informal settlers occurs).
- Special laws for utilities, rail, airports, etc. may supplement the above.
Police power vs. eminent domain
- Police power (e.g., traffic regulation, zoning) may restrict use but cannot permanently appropriate or occupy private land without compensation.
- Eminent domain involves taking (total or partial) for public use with just compensation.

“Donation” Requests: What They Mean—and Don’t

Voluntary: Government may ask, but cannot compel you to donate.
No waiver by intimidation: Pressure (e.g., “Your permit will be delayed unless you sign”) is improper. Do not sign anything you do not understand.
If you donate:
- Execute a Deed of Donation with clear metes and bounds, encumbrance-free status, and acceptance by the government entity.
- Consider conditions (e.g., build a sidewalk/fence, drainage), reversion if project does not proceed, and allocation of taxes/fees.
- Understand donation is irrevocable once accepted, absent legal grounds to revoke.

Lawful Alternatives to Donation

1) Negotiated Sale (Preferred for National Projects under RA 10752)

Offer & valuation: Implementing agency issues a written offer. Valuation generally considers current market indicators (e.g., zonal value, independent appraisal), replacement cost for structures without depreciation, plus crops/trees at appropriate valuations.
Payment: The government should tender the agreed price and usually shoulders standard transaction costs associated with transfer to the State (confirm the current IRR and agency practice in your case).
Possession: Delivered after payment and execution of deeds; or earlier only if the law’s conditions for immediate possession are satisfied (see expropriation below).

2) Expropriation (Court Action)

Filing: Government files a petition for expropriation. For LGUs, an ordinance authorizing the taking and proof of prior unsuccessful negotiation are required.
Immediate possession:
- National projects (RA 10752): Court issues a writ of possession after the agency deposits with the court the statutorily required amount (tied to zonal value and replacement costs under the Act/IRR).
- LGUs (RA 7160, Sec. 19): Court may issue a writ after a deposit (historically pegged to a percentage of the fair market value per tax declaration), per statute and jurisprudence.
Trial on just compensation: A court (often with appointed commissioners or expert appraisers) fixes just compensation based on fair market value at the time of taking, plus legally prescribed interest when payment is delayed (rates adjusted by jurisprudence over time).
Final transfer: Upon full payment of adjudged compensation (less lawful offsets, if any), title passes and the taking becomes final.

What Counts as a “Taking”?

Courts treat as compensable taking not only outright ownership transfer but also:

Permanent occupation or encroachment (e.g., paving a strip as public road).
Permanent easements substantially depriving beneficial use (e.g., perpetual no-build corridor).
Severe access impairment or partial takings that diminish the value/use of the remainder.

Temporary construction access can trigger rental/compensation if it goes beyond reasonable police-power intrusion.

Just Compensation: How It’s Calculated

Valuation date: Generally at the time of taking (when the State effectively deprived you of use/possession), not years later when suit is decided.
Comparable sales, zonal values, and appraisals: Courts weigh recent comparable sales, BIR zonal values, assessor values, and independent appraisals.
Improvements: Full replacement cost for structures without depreciation (a policy crystallized for national projects by RA 10752), plus crops/trees at appraised value.
Partial taking: Owner is entitled to:
- Value of the part taken, plus
- Consequential damages to the remainder (e.g., loss of access, odd lot, drainage impacts),
- Less any special benefits to the remainder directly attributable to the project (offset cannot exceed damages).
Interest: Legal interest accrues from the time of taking (or from judicial determination, depending on the facts) until full payment; the rate and periods reflect prevailing jurisprudence (e.g., transition from 12% to 6% p.a. effective mid-2013 for certain claims).
Taxes & fees: Treatment varies:
- Negotiated sale may be subject to taxes similar to ordinary sales (e.g., capital gains or creditable withholding), whereas expropriation is an involuntary transfer with distinct tax handling. Agencies often shoulder registration/transfer fees and some documentary costs; confirm the current IRR and LGU/national agency practices in your case.

Easements vs. Acquisition of Title

Full acquisition (fee simple) is typical for roadbeds and sidewalks because the land becomes part of the public domain.
Easements (e.g., setbacks, drainage) are sometimes proposed. If the easement permanently and substantially deprives you of use, courts may treat it as a taking requiring compensation approaching the value of the strip, not just a nominal easement fee.

Procedural Safeguards and Owner’s Rights

Demand everything in writing: Request written notices, sketch plans, technical descriptions, and the legal basis for acquisition.
Check authority:
- For LGUs: Ask for the expropriation ordinance and proof of prior negotiation.
- For national agencies: Ask for the ROW authority, project approval, and funding availability.
Insist on lawful valuation: Require the valuation report, zonal values, and independent appraisal basis.
No entry without basis: Deny entry or construction on private land until the government:
- Concludes a donation/sale and pays, or
- Obtains a court writ of possession after making the statutory deposit.
Seek commissioners if expropriation proceeds: Move for appointment of commissioners to assess just compensation.
Ask for resettlement/assistance if you occupy the improvements and will be displaced (UDHA/related rules).
Document damages: Photos, surveys, receipts for relocation, business interruption, fencing, and drainage works support consequential damages.
Consider independent appraisal: A licensed real estate appraiser’s report strengthens your position.
Watch deadlines: Timely raise objections (e.g., lack of public purpose, procedural defects, undervaluation). Courts give deference to public purpose, but necessity and extent are reviewable for grave abuse.

Common Government Arguments—and Effective Responses

“Everyone else donated.” Your right to compensation is individual; others’ donations do not bind you.
“It’s only a small strip.” Partial takings are still takings. You are entitled to the value of the strip plus consequential damages if the remainder is adversely affected.
“We can proceed; the court will fix the price later.” Entry requires completed purchase or a court writ after a statutory deposit. You can oppose premature entry and seek relief.
“Just sign this waiver for your building line.” A perpetual no-build strip is often a compensable taking. Do not sign away rights without valuation.

Special Issues

Road setbacks via zoning: Reasonable building setbacks are a police-power regulation; but physically appropriating land for public passage or pavement is eminent domain and requires payment.
Access management: If a project removes driveway access or creates a high embankment that impairs ingress/egress, claim consequential damages.
Corner cuts and curvature: Corner chamfers for visibility are common in plans; still compensable if land is appropriated.
Utilities relocation: Utility relocation costs are typically handled by the government or utility under project-specific rules; don’t assume the landowner pays.
Environmental and heritage constraints: Separate permits may affect design—use them strategically (lawfully) to push for fair negotiation and mitigate damages.

Practical Playbook for Landowners

Ask for the package:
- Written request (donation vs. sale), ROW plan, area schedule, valuation basis, timeline, and legal authority.
Get your own numbers:
- Survey the affected area.
- Obtain an independent appraisal (land + improvements + business interruption).
Choose your route:
- Donation only if the consideration (e.g., access improvements, walls, drainage, tax allocation) is worth it to you—and document those in the Deed.
- Prefer negotiated sale with clear price, payment date, and who pays which taxes/fees.
If talks stall:
- You may decline and require the agency to file expropriation, where a court will ensure due process and just compensation with interest.
Protect possession:
- Do not allow entry or demolition until paid or until a court writ issues after a lawful deposit.
Secure consequential damages:
- Record how the remainder is affected (access, grading, flooding). Propose mitigation works (retaining wall, culvert, driveway) or claim cash damages.
Paper the deal:
- For sales: Use a Deed of Absolute Sale with accurate metes & bounds, no-lien warranties, turnover of title, and clear tax/fee allocation.
- For expro: Participate in the commissioners’ proceedings; present evidence and cross-examine.

Owner Checklists

Documents to Request from Government

Authority to acquire (e.g., DPWH/LGU letter, LGU ordinance).
ROW plan and parcellary survey with metes & bounds.
Area schedule (sq.m. per lot) and construction drawings.
Valuation memo (zonal values, appraisal, method).
Funding availability/allotment.
Draft Deed (Donation/Sale) or Complaint (if expropriation filed).

Evidence to Prepare

TCT/OCT, tax declaration, tax receipts.
Location plan, existing improvements inventory (photos).
Independent appraisal.
Business records (if claiming interruption).
Drainage/access studies if relevant.

Dealing With Partial Takings: Sample Computation Framework

A. Land value of part taken = area (sq.m.) × P/sq.m. (market, supported by comps/appraisal)
B. Improvements (replacement cost new without depreciation) + crops/trees
C. Consequential damages to remainder (e.g., loss of access, regrading, odd-shaped residue)
D. Less special benefits to remainder (direct, project-specific; cannot exceed C)
E. Subtotal = A + B + (C − D)
F. Interest from time of taking until full payment (per prevailing jurisprudence)
G. Taxes/fees per law/contract/IRR allocation

Frequently Asked Questions

Q: The barangay says road widening is “community service”—must I donate? A: No. Donation is voluntary. Lawful acquisition requires payment (sale) or expropriation with just compensation.

Q: Can the government enter now and pay later? Generally no, unless a court issues a writ of possession after the agency makes the required deposit (amounts and mechanics depend on RA 10752 for national projects or RA 7160 for LGUs).

Q: My fence sits inside the planned ROW. Will I be paid for it? Yes, structures are typically compensated at replacement cost without depreciation under national ROW rules; LGUs tend to follow parallel standards.

Q: Our lot will be left irregular and lower than road grade. Seek consequential damages and/or mitigation works (retaining wall, driveway, drainage). Document thoroughly.

Q: What if they paved our frontage years ago without paying? You may still claim just compensation; valuation is generally as of time of taking, with interest. Timelines and defenses (e.g., prescription vs. State) are fact-sensitive—consult counsel.

Q: They offered based on zonal value but market value is higher. Zonal value is a reference, not the ceiling. Present comparable sales and an independent appraisal; courts often adopt market-based indicators.

Draft Language You Can Use

Short Response When Pressured to Donate

“Thank you for the request. Donation is not feasible for us. Please send the written basis for acquisition, the ROW plan and valuation, and your proposed terms for a negotiated purchase pursuant to applicable ROW laws. Entry to the property will not be allowed until payment is made or a court issues a writ of possession.”

Essential Clauses for a Deed of Sale (Illustrative)

Exact metes & bounds and area (tie points must match parcellary survey).
Purchase price and payment timeline (with default/interest).
Allocation of taxes/fees and who processes transfer.
Turnover and clearing obligations (demolition, utility relocation).
Mitigation works (driveway, drainage, fencing) or cash in lieu.

When to Call a Lawyer or Appraiser

If you receive a court summons (expropriation filed).
If valuation is contested or low relative to market.
If the project will severely impair your remainder.
If there is threatened entry without payment or court writ.
If complex tax questions arise (CGT vs. CWT, VAT on commercial land, etc.).

Key Takeaways

You cannot be forced to donate land for road projects.
The government must pay through a negotiated sale or expropriation with just compensation.
Immediate possession requires a court writ and a statutory deposit—not mere letters or fence markings.
For partial takings, claim the value of the strip plus consequential damages to the remainder, minus direct special benefits.
Keep everything in writing, get an independent appraisal, and document all impacts.

If you want, I can turn this into a printable checklist or draft a tailored letter responding to your specific LGU/agency notice—just share the notice and a sketch of the affected area.