Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007) b. Disturbance compensation to agricultural lessees equivalent to 5 times the average gross harvest during the last 5 years. c. Compensation for improvements on land acquired under Commonwealth Act 141. d. Government has the power to expropriate in case agreement is not reached. 5. MO 65, Series of 1983 a. Easement of ROW where the owner is paid the land value for the Government to use the land but the owner still retains ownership over the land. b. Quit claim where the Government has the right to acquire a 20 to 60 m width of the land acquired through CA 141. Only improvements will be compensated. 6. Republic Act 6389 Provides for disturbance compensation to agricultural lessees equivalent to 5 times the average gross harvest in the last 5 years. 7. Article 141, Civil Code Real actions over immovable prescribe after thirty (30) years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription (1963). 8. NCIP Administrative Order No. 1, Series of 2006 or the Free, Prior and Informed Consent Guidelines of 2006. The Free and Prior Informed Consent (FPIC) Guidelines of 2006 spells out the procedure for obtaining the Free and Prior Informed Consent for affected communities. It details the process for conducting Field Based Investigation (FBI) and obtaining the Certification Precondition from the NCIP attesting that the applicant has complied with the requirements for securing the affected ICC/IP’s FPIC. It also provides the procedure for validating projects solicited/initiated by Indigenous Peoples. E. ADB/World Bank Resettlement and Indigenous Peoples’ Policy Environmental and Social Services OfficeDepartment of Public Works and Highways February 2007 7

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