IRR OF RA 10752 Flashcards

1
Q

Right of Way Act of 2016

A

RA 10752

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2
Q

Regular modes of ROW acquisition under Section 4

A
  1. Donation
  2. Negotiated Sale
  3. Expropriation
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3
Q

Other Modes of ROW acquisition

A
  1. Commonwealth Act No. 141
  2. Exchange or Barter
  3. Easement of ROW
  4. Acquisition of subsurface ROW
  5. Other modes authorized by law
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4
Q

RA 10752 is declared on Section ____, Article ___ of the constitution

A

Section 9, Article 3

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5
Q

Any department, bureau, office, or agency of national government

A

Implementing agency (IA)

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6
Q

Refers to implementing rules and regulations for the act

A

Implementing rules and regulations (IRR)

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7
Q

Cost necessary to replace affected structure or improvement with similar asset based on current market priecs

A

Replacement cost

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8
Q

part of the entirety of the property, site, or location, with defined physical boundaries

A

ROW

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9
Q

The state has the sovereign and inherent ___________. It is the power of state to acquire private properties for public use

A

POWER OF EMINENT DOMAIN

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10
Q

Article ______ (Section ___) of constitution provides that private property shall not be taken for public use without just compensation

A

Article III (Bill of Rights), Section 9

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11
Q

2 Options for Resettlement

A
  1. Relocation
  2. Replacement Cost
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12
Q

This act mandates the provision of resettlement site, basic services and safeguards for the homeless and underprivileged citizens

A

RA 7279 (1992) or the URBAN DEVELOPMENT AND HOUSING ACT

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13
Q

RA 8371

A

INDIGENOUS PEOPLES’ RIGHT ACT (IPRA) OF 1997

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14
Q

Compensation prices under Negotiated Sale

A
  1. Land
  2. Structures
  3. Improvements
  4. Trees
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15
Q

Lot Appraisal

A
  1. Government Financial Institutions (Landbank)
  2. Independent Property Appraisers
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16
Q

Replacement Cost for Structures and Improvements

A
  1. Materials
  2. Equipment
  3. Labor
  4. Profit and Overhead
17
Q

Amount paid to owner once deed of sale is signed

A

50% for land
70% for structures and improvements

18
Q

Owner must accept or reject offer within _______

19
Q

2 Important Documents in Negotiated Sale

A
  1. Proof of Ownership (Land Title)
  2. Proof of Possession (Tax)
20
Q

Failed negotiation

A

Expropriation

21
Q

Replacement Cost Requirements for Informal Settlers

A
  1. No legal rights
  2. Filipino citizens
  3. No other property
  4. Not professional squatters (RA 7279)
22
Q

Properties that will affect 20% and above for ROW acquisition

A

Severely Affected

23
Q

Properties that will affect less than 20% for ROW acquisition

A

Marginally Affected

24
Q

minimum depth in acquisition of subsurface ROW