Land Acquisition, Resettlement and Rehabilitation Policy, 3rd edition (2006)
c. If the PAPs still do not agree, the DPWH will promptly seek the
services of Land Bank, DBP or an independent appraiser to
determine the fair market value based on the following parameters:
i.
ii.
iii.
iv.
land use classification;
development costs for improving the land;
value declared by PAPs;
current selling price of similar properties in the vicinity,
based on deeds of sale;
v. disturbance
vi. tax declaration and BIR zonal valuation
vii. replacement cost.
d. DPWH will go back to the PAPs and communicate to them the
current market value so determined by an independent land
appraiser to specify the negotiation limits (BIR zonal value and
current market value);
e. DPWH than begins negotiations with the PAPs to determine the
final compensation;
f. If the PAPs do not accept the terms of this negotiation and the land
valuation possible under RA 8974, their affected properties will be
expropriated;
g. DPWH shall immediately pay the PAP whose property is under
expropriation the amount equivalent to the sum of one hundred
percent (100%) of the BIR zonal valuation and the court shall
determine the just compensation to be paid to the PAP within sixty
(60) days from the date of filing of the expropriation case. When
the decision of the court becomes final and executory, DPWH shall
pay the PAP the difference between the amounts already paid and
the just compensation as determined by the court. In the interim,
DPWH will deposit 100% of the BIR valuation into an escrow
account.
The information campaign will also convey to the PAPs the available channels for
complaints and grievances and related procedures. In this respect the PAPs will be
informed that grievances from the PAPs related to LARRIPP implementation or any
aspect of the project will be handled through negotiations and are aimed at achieving
consensus according to the following procedures:
Environmental and Social Services Office
Department of Public Works and Highways
March 2006, Revised October 2006
31
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