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Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

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Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

Post by Jovinal on Sun Jan 15, 2012 9:39 am

I just like to ask clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A.No. 9184, and if the answer is in NEGATIVE, what particular laws, rules, or regulations that governed the procurement of REAL PROPERTIES? Thank You.
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Re: Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

Post by engrjhez® on Mon Jan 16, 2012 10:28 am

Jovinal wrote:I just like to ask clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A.No. 9184, and if the answer is in NEGATIVE, what particular laws, rules, or regulations that governed the procurement of REAL PROPERTIES? Thank You.

Excerpts from the Revised IRR:
4.4. This IRR shall not apply to the following activities:
a) Procurement for goods, infrastructure projects, and consulting services
funded from Foreign Grants covered by R.A. 8182, as amended by R.A. 8555,
entitled “An Act Excluding Official Development Assistance (ODA) from the
Foreign Debt Limit in order to Facilitate the Absorption and Optimize the
Utilization of ODA Resources, Amending for the Purpose Paragraph 1, Section
2 of Republic Act No. 4860, As Amended”, unless the GOP and the foreign
grantor/foreign or international financing institution agree otherwise;
b) Acquisition of real property which shall be governed by R.A. 8974, entitled
“An Act to Facilitate the Acquisition of Right-of-Way Site or Location for
National Government Infrastructure Projects and for Other Purposes,” and
other applicable laws;
and
c) Public-Private sector infrastructure or development projects and other
procurement covered by R.A. 6957, as amended by R.A. 7718, entitled “An
Act Authorizing the Financing, Construction, Operation and Maintenance of
Infrastructure Projects by the Private Sector, and for Other Purposes,” as
amended: Provided, however, That for the portions financed by the GOP,
regardless of source of funds, whether local or foreign, the provisions of this
IRR shall apply.


There are also pertinent provisions under the LGC of 1991 for similar matters.Smile
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Re: Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

Post by riddler on Mon Jan 16, 2012 10:56 am

Jovinal wrote:I just like to ask clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A.No. 9184, and if the answer is in NEGATIVE, what particular laws, rules, or regulations that governed the procurement of REAL PROPERTIES? Thank You.

Very Happy Valuation and Appraisal of Property for Acquistion of the LGU’s (whether thru eminent domain or a simple Offer to buy/sell) is guided by Department Order 37-09 dated October 19, 2009, Department of Finance, “Prescribing the Philippine Valuation Standard” and adopting IVSC Valuation Standards under Philippine setting. This book I believed is one of the Bible of Local Assessors (LGU) in our country. Very Happy

purchase or acquisition of land/lots for LGU’s is not covered by the RA 9184.

kindly ask your Local Assessors if they he/she has a copy of the latest “Manual on Real Property Appraisal & Assessment Operations” dated January 2006.


Under Chapter VIII, Miscellaneous Provisions of the Manual, (I wish you have a copy of this book)

Sec. 1. X x x x x xxx x

Whenever a private property is subject to acquisition by the government for public use, that property is referred to the Provincial/City Appraisal Committee for it to determine the market value.

A. Composition of the Appraisal Committee

1. Provincial/City Appraisal Committee
Provincial/City Assessor – Chairperson
Provincial/City Engineer- Member
Provincial/City Treasurer- Member

The designation of the Appraisal Committee shall be issued through an Executive Order from your Chief Executive. Result of the appraisal (after thorough evaluation), shall be submitted to the LCE for Budget Appropriation by the Local Sanggunian. Very Happy
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Re: Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

Post by isabelo c. rodriguez on Fri Aug 10, 2012 12:55 pm

good morning po sa lahat!
our agency, an NGA, is planning to procure land and building for our laboratory/office down south. so far, in our initial survey/canvass, three private owners were willing to sell their properties. since RA 9184 is not applicable, what are the procedures involved? what are the docs to be prepared by our agency and the docs to be submitted by the sellers? most of the discussions regarding this type of transaction involves LGUs and not NGAs. we are familiar with RA 9184 but not with RA 8974.
we have been trying to access RA 8974 and its IRR with no luck.
any help would be highly appreciated.
salamat po!

isabelo c. rodriguez
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Re: Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

Post by engrjhez® on Fri Aug 10, 2012 1:48 pm

isabelo c. rodriguez wrote:good morning po sa lahat!
our agency, an NGA, is planning to procure land and building for our laboratory/office down south. so far, in our initial survey/canvass, three private owners were willing to sell their properties. since RA 9184 is not applicable, what are the procedures involved? what are the docs to be prepared by our agency and the docs to be submitted by the sellers? most of the discussions regarding this type of transaction involves LGUs and not NGAs. we are familiar with RA 9184 but not with RA 8974.
we have been trying to access RA 8974 and its IRR with no luck.
any help would be highly appreciated.
salamat po!

For RA 8974 >>> http://www.lawphil.net/statutes/repacts/ra2000/ra_8974_2000.html

For Procedural Manual for Infra-Right-of-Way (IROW) >>> http://www.scribd.com/doc/94368100/IROW-Acquisition-Procedures-Manual

Smile
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Re: Clarification if the acquisition of real property such as LAND and BUILDING is covered by R.A. No. 9184.

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