ROW PGS

The power of the State to acquire private property for public use without the owner’s consent is known as:

• Police Power

• Taxation

• Eminent Domain

• Escheat

Answer explanation

The power of the State to acquire private property for public use without the owner's consent is called Eminent Domain. This legal principle allows governments to take private land for projects that benefit the public.

Which constitutional provision guarantees that private property shall not be taken without just compensation?

• Article II, Section 4

• Article III, Section 1

• Article III, Section 9

• Article XII, Section 18

Answer explanation

Article III, Section 9 of the Constitution explicitly states that private property cannot be taken for public use without just compensation, making it the correct provision for this question.

Republic Act No. 10752 primarily facilitates the acquisition of:

• Government supplies

• Public plazas

• Right-of-Way for infrastructure projects

• Indigenous lands only

Answer explanation

Republic Act No. 10752 is designed to streamline the process of acquiring Right-of-Way for infrastructure projects, ensuring that necessary land is available for development and public use.

Which law did RA 10752 repeal?

• RA 7160

• RA 6957

• RA 8974

• CA 141

Answer explanation

RA 10752, known as the 'Right-of-Way Act', specifically repealed RA 8974, which was the previous law governing the right-of-way for national government infrastructure projects.

The cut-off date for informal settlers affected by a ROW project is:

• Issuance of Notice to Proceed

• Approval of the RAP

• Start of census and tagging

• Payment of just compensation

Answer explanation

The cut-off date for informal settlers in a ROW project is the 'Start of census and tagging', as this marks the point when affected individuals are officially identified for compensation and assistance.

Which mode of acquisition is prioritized under RA 10752 before negotiated sale?

• Expropriation

• Donation

• Lease

• Exchange

Answer explanation

Under RA 10752, donation is prioritized as a mode of acquisition before considering negotiated sale. This emphasizes the preference for voluntary transfer of property over other methods.

If the property owner rejects the negotiated sale offer within 30 days, the Implementing Office shall:

• Revise the offer

• Suspend the project

• Initiate expropriation

• Refer to LGU mediation

Answer explanation

If the property owner rejects the offer within 30 days, the Implementing Office must initiate expropriation to proceed with the project, as this is the next legal step when negotiations fail.

Under CA 141, the maximum ROW width reserved for public use is:

• 20 meters

• 40 meters

• 60 meters

• 100 meters

Answer explanation

Under CA 141, the maximum right-of-way (ROW) width reserved for public use is specified as 60 meters, making it the correct choice among the options provided.

Compensation under CA 141 ROW reservation is limited to:

• Land value only

• Improvements and crops only

• Market value plus disturbance

• Replacement land

Answer explanation

Compensation under CA 141 ROW reservation specifically covers improvements and crops only, excluding land value and other factors like market value or replacement land.

The Deed of Donation must be:

• Conditional and compensatory

• Simple and unconditional

• Subject to appraisal

• Approved by COA

Answer explanation

The Deed of Donation is typically characterized as simple and unconditional, meaning it does not have conditions attached and is a straightforward transfer of ownership without compensation.