Dear IBP Davao,
The government wanted to expropriate my land. I did not receive any of their notices nor did I attend any meetings in the barangay. I think the lot beside me should be the one expropriated, not mine but since my neighbor is a government contractor, he may have influenced the said government agency. What should I do?
Mario
Dear Mario,
“When we least expect it, life sets us a challenge to test our courage and willingness to change; at such a moment, there is no point in pretending that nothing has happened or in saying that we are not yet ready. The challenge will not wait. Life does not look back,” as aptly put by best-selling author Paulo Coelho.
It is best to meet with the representatives of the government agency at this point and discuss the project they are putting up in your community. Despite your allegations of corruption, you must agree with me that the project itself is for the benefit of your community, and not just one person.
You may want to also ask them for copies of the studies made on why your lot was the one expropriated and not that of your neighbor and see if indeed there was credible basis on the choice. Of course, you may question the discretion exercised by the government agency on its choice and you may hire your own expert to make a contrary study, if needed.
If indeed there is serious abuse of discretion on the part of the government agency, then you may file an administrative case against them, depending on where they are connected. Your trusted lawyer can better explain to you your options on where to file the administrative cases.
If you do not know any lawyer, you may visit the office of Integrated Bar of the Philippines – Davao City Chapter at Hall of Justice, Ecoland. We have a directory that lists all the names and contact details of all lawyers practicing in Davao City.
On the other hand, in negotiating for the price of your lot, there are a number of factors considered for its valuation. Let us take the Department of Public Works and Highway (DPWH) as an example. Under the Implementing Rules of RA 10752, the compensation price for a negotiated sale considers the current market value of the land, replacement cost of structures and improvements found on the land, and current market value of crops and trees therein.
You can ask your lawyer to clarify these matters and you may also do your own research. Unlike before, most of our government’s website now are more informative and user friendly. Gone are the days when these websites have “under construction” sign on it. One bright thing this health pandemic has gifted us, I guess.
(IBP Davao Corner is a weekly column of Integrated Bar of the Philippines- Davao Chapter, giving legal advice as part of its legal aid program. The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. You may send your comments and questions to ibpdavao@gmail.com.)
