. liJ'ftJ. /.j ..

t) PAl /f

Republic of the Philippines /,z - .<.d - J:i) f1

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
CENTRALOFFICE
Bonifacio Drive, Port Area, Manila

.• -

DEC 1 1 101'

DEPARTMENTORDER ) SUBJECT Clearing ot Structures/Improvements,

) Trees and Crops within the

NO.
142 )
)
Right-ot-Way Limits ot Projects

Series of 201~""H1 )

In support of the government's policy to provide transparency, streamline and facilitate the
process of right-of-way (ROW) acquisition for government projects, the documentary
requirements for the clearing of affected structures/improvements, perennial trees and crops as
provided in the DPWH Right-of-Way Acquisition Manual (DRAM), December 8, 2017, shall be
simplified/revised as follows:

The original Section 2.17, Sub-Section Sea) which reads as follows:

''2.17 ROW Acquisition through Negotiated Sale

Procedure:

1. xxx

5. !f the Owner accepts the price offer within thirty (30) days, execute a Deed of Sale
(DAS) between the Owner and the DPWH (See Section 2.18).

a. xxx

b. In case the sale pertains to structures/improvements only, the Owner and the 10
shall execute an Agreement to Demolish and Remove Improvement (ADRI),
provided that the Owner has submitted to the 10 documents to establish proof of
Ownership of said structures/improvements (e.g., Certification from Barangay).
The 10 shall remit to the concerned LGU any unpaid tax on such
structures/improvements, to be deducted from the negotiated price. "

shall be revised and shall now read as follows:

IN CASE THE SALE PERTAINS TO STRUCTURES/IMPROVEMENTS/TREESAND

CROPS ONLY, THE OWNER AND THE IO SHALL EXECUTEAN AGREEMENT TO
DEMOUSH AND REMOVE IMPROVEMENT (ARDI) FOR
STRUCTURES/IMPROVEMENTSAND AGREEMENT TO REMOVEIMPROVEMENT
(ATRI) FOR TREESAND CROPS, PROVIDED THAT THE OWNER HAS SUBMITTED TO
THE 10 DOCUMENTS TO ESTABUSH PROOF OF OWNERSHIP OF SAID
STRUCTURES/IMPROVEMENTS/TREES AND CROPS (CER7IFICA 7ION FROM BARANGAY).
THE 10 SHALL REMIT TO THE CONCERNED LGU ANY UNPAID TAX ON SUCH
STRUCTURES/IMPROVEMENTS, TO BE DEDUCTED FROM THE NEG07IA TED PRICE
The original Section 2.24, Overview, reads as follows:

"2.24 Clearing of Private Structures and Crops/Trees within the ROW

Objective: To clear private structures and crops/trees within the ROWafter the properties
are fully acquired.

Overview:

This procedure is initiated when the Title of the acquired land has been transferred in the
name of the Republic of the Philippines regardless of the mode of its acquisition, except
for those that are expropriated. For properties acquired through donation, clearing of ROW
can be immediately carried out once the Deed of Donation is perfected, since the Deed is
inclusive of all improvements in the acquired property.

For properties acquired through negotiated sale, through·a Deed of Exchange, or through
the execution of a "quit claim'; or ''easement agreement'; clearing of ROW shall be
undertaken after the Agreement to Demolish and Remove Improvements (ADRI) has been
executed and agreed between the 10 and the property owner. For properties acquired
through negotiated sale, it is important to make sure that the ADRI is approved prior to
the release of the initial 70% payment for the improvements, and that the ADRI is
notarized prior to the release of the remaining 30% payment as specified in Section 2.23
of the DRAM. For exchanged properties, the ADRI must be approved and notarized prior
to the release of full payment for improvements. "

Section 2.24 shall now be read as Clearing of Private Structures/Improvements and

Crops/Trees within the ROW; the first paragraph of the Overview is deleted, and the second
paragraph shall now read as:

For properties acquired or to be acquired through negotiated sale, through a deed of

exchange, or through the execution of a ''quit claim'; or ''easement agreement'; clearing
of row shall be undertaken after the agreement to demolish and remove improvements
(adri) for structures / improvements and agreement to remove improvements
(atri) for crops/trees has been executed and agreed between the io and the property
owner. For properties acquired through negotiated sale, it is important to make sure that
the adri and atri are approved prior to the release of the initial 70% payment for the
structures / improvements/crops/trees, and that the adri/atri are notarized prior to
the release of the remaining 30% payment, as specified in section 2.23 of the dram. For
exchanged properties, the adri/atri must be approved and notarized prior to the release
of full payment for improvements.

Sub-Section 2 of Section 2.24 shall also be revised:

"Procedure:

For structures and croos/trees on lands acquired through exchanae/quit claim/easement

apreement and negotiated sale

1. xxx
2. Make sure that the property owner understands that, if he decides to demolish and
remove his own structures and improvements, he has to complete it within a specified
 time frame, as stipulated in the ADRI; and that if he fails to do so, the 10 shall
undertake the task. "

This is revised to read as follows:

2. Make sure that the property owner understands and agrees that, if he decides
to demolish and remove his own structures / improvements/ crops/trees,
he has to complete it within a specified time frame, as stipulated .in the
adri/atri; and that if he fails to do so, the io shall undertake the task.

Sub-Section 3 of the same shall also be revised:

''3. Prepare the ADRI. Attach to the ADRI photographs of the structures and
improvements to be demolished. Certify the authenticity of the photographs,
together with one representative each from the concerned Office of the
Assessor and Commission on Audit CCOA)."

to read as follows:

3. Prepare the adri/atrl Attach to the adri/atri photographs of the

structures/improvements/crops/trees to be demolished and
removed, duly signed by the dpwh representative of the
implementing office.

The hereunder Sub-Section4:

"4. If the land was acquired through a deed of exchange or through a quit claim
or through an easement agreement, have the owner sign the ADRI before
payment for improvements is made. If not, proceed to the next step. "

and shall read as follows:

4. If the land is acquired or to be acquired through a deed of exchange or through a

quit claim or through an easement agreement, have the owner sign the adri/atri
before payment for structures /improvements/ crops/trees is made
pursuant to section 2.23 of the dram. If not, proceed to the next step.

Sub-Section 5 shall be revised:

'~ If the land was acquired through purchase, have the owner sign the ADRI before full
payment for lot and improvements is made. "

to read as follows:

5. If the land is acquired or to be acquired through purchase, have the owner

sign the ADRI/ ATRI before full payment for lot and structures/
improvements /crops/trees is made pursuant to section 2.23 of the
DRAM.

Sub...Section 6 shall be revised:

 "6. Have the ADRI approved by the Project Director of the concerned PMO or PPPS
for projects at the CO, or by the concerned Regional Director for other
projects. "

to read as follows:

6. Have the ADIU/ A TIU approved by the project director of the concerned PMO
or PPPS for projects at the CO, or by the concerned regional director for other
projects.

Sub-Section 7 shatl be revised~

''7. If the property owner opted to let the 10 undertake the demolition and removal
of structures and improvements, inform him in writing about the schedule of
demolition and removal of said structures and improvement. If the property
owner opted to demolish and remove his own structures and improvements,
wait for the time period specified in the ADRI to lapse before inspecting the
site."

to read as follows:

7. If the property owner opted to let the 10 undertake the demolition and removal
of structures/improvements/crops/trees, inform him in writing about the
schedule of demolition and removal of said structures/improvements
/crops/trees. If the property owner opted to demolish and remove his own
structures / improvements/crops/trees, wait for the time period
specified in the ADIU/ A TRr to lapse before inspecting the site.

Sub-Section 8 shall be revised:

"8. If the property owner completed the demolition and removal of the structures
and improvements within the specified time in the ADRI, prepare a Certification
that the structures and improvements on the acquired land for ROW have been
completely cleared. Give a copy of the Certification to the owner and inform
him that the certification will be included in the documents to be submitted for
payment of claims in Section 2.23 of this Manual."

to read as follows:

8. If the property owner completed the demolition and removal of the

structures/improvements/crops/trees within the specified time in the
ADRr/ATIU, prepare a certification that the structures/improvements
/crops/trees on the land acquired or to be acquired for row have been
completely cleared. Give a copy of the certification to the owner and inform
him that the certification will be included in the documents to be submitted for
payment of claims in section 2.23 of this manual.

Sub-Section 9 shall be revised:

"9. If the property owner failed to demolish and remove the structures and
improvements within the specified time period in the ADRI, inform him in
 writing that the 10 shall undertake the demolition and complete clearing of the
land on a set schedule."

and to read as follows:

9. If the property owner fqiled to demolish qnd remove the $tructures/

improvements/crops/trees within the specified time period in the
ADRI/ A TIU, inform him in writing that the 10 shall undertake the demolition
and complete clearing of the land on a set schedule.

Sub-Section 10 shall be amended:

"10. Demolish and remove all the structures and improvements within the acquired land
for ROW on the date specified in the letter prepared in Step 7 or Step 9.

to read as follows:

10. Demolish and remove all the structures I improvements I crops I trees
within the land acquired or to be acquired for row on the date specified in
the letter prepared in step 7 or step 9.

This sub-title of Section 2.24 shall also be revised:

"For structures on lands acquired through donation"

to read as follows:

FOR STRUCTURES/IMPROVEMENTS ON LANDS ACOUIRED OR TO BE ACOUIRED

THROUGHDONATION

Sub-Section 11 shall be revised:

''11. Once the Transfer of Title is perfected, prepare the ADRI. Attach to the ADRI
photographs of the structures and improvements to be demolished. Certify
the authenticity of said photographs, together with one representative each
from the concerned Office of the Assessor and Office of the Auditor."

to read as follows:

11. Prepare the ADRI/ATRr and attach photographs of the structures /

improvements/ crops/trees to be demolished and removed, duly
signed by the DPWHrepresentative.

Also to be revised is Sub-Section 12:

"12. Have the ADRI approved by the Project Director of the concerned PMO or the
PPPSfor projects at the CO, or by the concerned Regional Director for other
projects. "

and this shall read as follows:

 12. Have the ADIU/ A TIU approved by the Project Director of the concerned PMO or the
PPPSfor projects at the CO, or by the concerned Regional Director for other projects.

Sub-Section 13 shall be revised:

"13. Inform the property owner in writing, about the schedule of demolition and removal
of structures and improvements. "

and shall now read as follows:

13. INFORM THE PROPERTY OWNER IN WRITING, ABOUT THE SCHEDULE OF

DENOUTlON AND REMOVAL OF STIWCTVRES/INPROVENENTSj.cROPS
/TREES.

Sub-Section 14 shall also be revised:

"14. Demolish and remove all the structures and improvements within the acquired land
for ROW on the date specified in the letter prepared in Step 13. "

and shall read.as follows:

14. DEMOUSH AND REMOVE ALL THE STRUCTURES/IMPROVEMENTS/

CROPS/TREES WITHIN THE LAND ACQUIRED OR TO BE ACQUIRED FOR ROW
ON THE DATE SPEGFIED IN THE LETTER PREPAREDIN STEP 13.

The following sub-title of Section 2.24 shall also be revised:

''For structures on lands acquired through eXDroDriation"

to read as follows:

FOR STRUCTURES/IMPROVEMENTS ON LANDS ACOUIRED OR TO BE ACOUIRED

THROUGH EXPROPRIATION

Sub-Section 16 shall be revised:

"16. Inform the property owner in writing that the 10 has received the WOP and about the
schedule of demolition and removal of structures and improvements. "

to read as follows:

16. INFORM THE PROPERTYOWNER IN WRmNG THAT THE10 HAS RECEIVED THE WOP
AND ABOUT THE SCHEDULE OF DEMOUTION AND REMOVAL OF STRUCTURES /
IMPROVEMENTS /CROPS/TREES.

Sub-Section 17 shall be revised:

"17. Demolish and remove all the structures and improvements within the acquired land
for ROW on the date specified in the letter prepared in Step 16.

and shall read as follows:

17. DEMOUSH AND I?EMOVEALL THE STRUCTtlRES / IMPROtIEMENTS / CROPS /

TREES WITHIN THE LAND ACQUIRED OR TO BE ACQUIRED FOR ROW ON THE
DA TE SPEGFIED IN THE LETTER IN STEP 16. "
This Section 2.27, Clearing of Perennial Trees and Crops within the ROW, shall be revised:

"Overview:

This procedure is initiated when the Title of the acquired lands has been transferred in the
name of the Republic of the Philippines, regardless of the mode of its acquisition. Clearing
of perennial trees along acquired land for ROW shall be in accordance with the current
rules and regulations rt!!giIrding the issuance of a ''Permit to Cut" from the DENR. Perennial
trees refer to forest trees that are either naturally occurring, afforested, or reforested by
the LGUs, DENR, or NGOs such as grantees of Community Based Forest Management
Agreement (CBFMA). These exclude privately-owned fruit-bearing trees, plantations for
timber procIudion, .and the like, w.hi1:h are included in Section 2.24."

and to read as follows:

CLEA/UNG OF PERENNIAL TREES AND CROPS ALONG THE LAND ACQUIRED OR

TO BE ACQUIRED FOR ROW SHALL BE IN ACCORDANCE WITH THE CURRENT RULES
AND REGULATIONS REGARDING THEISSUANCE OFA ''PERMIT TO CUT" FROM THE DENR.
PERENNIAL TREES REFER TO FOREST TREES THAT ARE EITHER NA TURALLY
OCCURRING, AFFORESTED, OR REFORESTEDBY THE LGUS, DENR, OR NGOS SUCH AS
GRANTEESOF COMMUNITY BASED FORESTMANAGEMENTAGREEMENT (CBFMA). THESE
EXCLUDE PRIVA TELY-OWNED FRUIT-BEARING TREES, PLANTATIONS FOR TIMBER
PRODUCTION, AND THE LIKE, WHICH ARE INCLUDED IN SECTION 2.24.

Sub-Section 1 of Section 2.27 shall also be revised:

"1. Request a registered Forester from the concerned Community Environment and Natural
Resourr:es Office (CENRO) to undertake inventory of the trees to be cut, particularly
in terms of volume and type of species. Obtain a copy of the inventory of trees. "

and shall read as follows:

1. REQUEST A REGISTERED FORESTER OR ANY AUTHOIUZED PERSONNEL FROM

THE CONCERNED REGIONAL OFFICE OF THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (DENR) OR COMMUNITY
ENWRONNENT AND NATURAL RESOIJR-CES OFR-CE (CENRO) OR
PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE (PENRO)
WITH DPWH OFFICIAL REPRESENTA TIVE TO UNDERTAKE INVENTORY OF THE
TREES TO BE CUT, PARTICULARLY IN TERMS OF VOLUMEAND TYPE OF SPEGES.
OBTAIN A COpy OF THE INVENTORY OF TREES. AS FOR THE CROps, REQUEST
A REGISTERED AGIUCULTU/UST FROM THE CONCERNED MUNICIPAL
AG/UCULTURE OFFICE (MAO) OR CITY AGIUCULTURE OFFICE (CAO) WITH
DPWH OFFICIAL REPRESENTATIVE TO UNDERTAKE INVENTORY OF CROPS
TO BE CLEARED, IN TERNS OF AREA AND TYPE OF CROPS. OBTAIN A copy
OF THE INVENTORY OF CROPS.

Sub-Section 2 of the same shall also be revised:

''2. Submit the inventory to the DENR-CENROand apply for a Permit to Cut. The concerned
CENROshall then conduct its own validation and come up with a field report containing
the findings of the team, particularly the volume of trees to be cut. "

and to read as follows:

 2. SUBMIT A COPY OF THE INVENTORY OF TREESTO THEDENR REGION OR CENRO
OR PENRO AND APPL Y FOR A PERMIT TO CUT. THE CONCERNED DENR
OFFICE SHALL COME UP WITH A TALLY SHEET REPORT PER AFFECTED
aArHANT, PAR17CULARLYTHE TOTALNUNBER OF AFFECTEDTREESTOBE
CUT, DULY SIGNED BY THE DENR REGIONAL REPRESENTA7lV~ DENR-
CENRO REPRESENTA77V~ OR DENR-PENRO REPRESENTA77VEAND DPWH
REPRESENTA7lVE. CONSEQUENTLY, AS PER CROPS, SUBMIT A COPY OF
THE INVENTORY OF CROPS rtJ THE etJNCERNED DA-MAO OR DA-CAO. THE
CONCERNED DA OFFICE SHALL THEN COME UP WITH A TALL Y SHEET
REPORT PER AFFECTED CLAIMANT, PAR77CULARL Y THE TOTAL AREA OF
AFFECTED CROPS TO BE CLEARED, DUL Y SIGNED BY THE DA-MAO
REPRESENTAnvE OR DA--C40 REPRESENTAnvE AND DPWH
REPRESENTA7lVE.

Sub-Section 7 shall be added which shall read as follows:

7. PICTURES SHALL BE TAKEN BEFOR~ DUIUNG AND AFTER THE

CUT77NG/CLEAIUNG OF TREESAND CROPS, AND SIGNED BY THE DPWH
REPRESENTA7lVE.

All other provisions of the DRAM inconsistent with the above provisions is hereby deemed
revised and/or repealed accordingly.

This Order shall take effect immediately.

ARK A. VILLAR
vZ------"
Secretary

13.1 ANP/AGB
Department of Public Works and Highways
Office of the Secretary

1111111111111111111111111111111111111
WIN9Q46529