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
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