Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
e. The reasonable disturbance compensation for the removal and/or
demolition of certain improvements on the land and for the value for
improvements thereon;
f. The size, shape and location, tax declaration and zonal valuation of the
land;
g. The price of the land as manifested in the ocular findings, oral as well as
documentary evidence presented; and
h. Such facts and events as to enable the affected property owners to have
sufficient funds to acquire similarly-situated lands of approximate areas as
those required from them by the government, and thereby restore their
lives, dwellings, and productive assets as early as possible.
7. Quit Claim. A quit claim instrument is required to be executed by owners of
lands acquired under the Public Land Act because of the reservation made in the
issuance of patents or titles thereto. In other words, even if the title or free patent
describes the whole area as owned by the patentee or title holders, by operation of
the law, a strip of twenty or sixty meters, as the case maybe, of that area described
is not absolutely owned by him, because it is reserved by the government for
public use. Hence, if the government should exercise its right to use the area
reserved by it for public use, the owner shall be required to execute a Quit Claim
over such area reserved and actually taken by the government for public use. This
mode can be availed of not only in cases where the lot acquired under the Public
Land Act is still covered by Free Patents but also even after the issuance of
Certificate of Title or Transfer Certificates of Title because of a series of
transactions involving transfer of ownership from one person to another. No
payment shall be made for land acquired under the quit claim mode except for
damages to improvements, and, if eligible, assistance with income restoration.
8. In case PAPs/PAFs are qualified for compensation but with arrears on land
tax. To facilitate the processing of payment on land acquired from the PAPs with
tax arrears, the DPWH will pay the arrears and deduct the amount from the total
compensation cost.
9. In case the PAPs/PAFs are qualified but already dead and the heirs have not
undergone extra-judicial partition, the PAPs/PAFs will be given a grace period
to meet the requirement within the validity period of allotment which is two (2)
years. Beyond two years, PAPs who could not comply with the requirement have
to settle the case in court.
10. In case of expropriation.
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
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