Compulsory acquisition or expropriation is the power of the government to acquire private land for public purpose or use without the consent of the owner upon payment of just compensation. It is a critical tool for governments to develop necessary infrastructure, such as roads and power stations, for economic growth.
Notwithstanding the legal framework, compulsory acquisition has always attracted controversy, both in theory and practice. For example, the Philippines has multiple and fragmented policies implemented by different agencies, each with their own regulations, process and standards. Further, Philippines has no clear compensation policy that would define just compensation for socioeconomic and income losses arising from public expropriation proceedings.
The situation shows that there are policy gaps that should be given attention in the medium-term as the country projects to increase its investments in infrastructure development. More importantly, this is crucial in the deployment of government compulsory acquisition powers in relation to public-private partnerships (PPPs). Hence, the extent and manner by which these expropriated lands are transferred to the private sector for PPP projects has become a paramount policy concern.>>read complete document