Land Acquisition, Resettlement and Rehabilitation Policy, 3rd edition (2006)
CHAPTER V. PUBLIC PARTICIPATION AND CONSULTATION
A. NON-IPS
The information campaign will convey to all PAPs that:
1. Regarding the road project that has triggered the Involuntary Resettlement
Safeguard Policy: Why is it important? Who would benefit from it?
What are the benefits that project affected families would derive from the
project?
2. Each PAP is entitled to receive just compensation for his/her affected plot
at a rate to be negotiated between the BIR zonal valuation and the fair
market value as provided by RA 8974;
3. the BIR zonal valuation and the fair market value may be substantially
different;
4. The negotiations process detailed in RA 8974 provides that:
a. DPWH first asks the PAPs to donate their affected land, provided
that the following conditions are met met:
i. The Affected Persons (AP) have decided to donate their
land based on informed consent, that is: prior to the
decision, they have been (a) informed of their
compensation entitlements at market rates; (b) actually
offered the relative compensation amounts;
ii. Land redistribution or donations do not affect the donor’s
livelihood;
iii. Land to be donated is titled, un-rented, and has no
encumbrances; neither is occupied by informal settlers;
iv. The voluntary aspect of land redistribution or donations is
documented by a document signed by the donor that he/she
is aware of the above conditions. The inclusion of the
document in the RAP will be the basis for its approval. In
addition, based on BIR rules, arrear taxes for donated plots
need to be paid or waived. If waiver is not possible, the
taxes will have to be paid by the LGU.
b. If they do not agree, DPWH will offer them compensation at BIR
zonal valuation rates;
Environmental and Social Services Office
Department of Public Works and Highways
March 2006, Revised October 2006
30
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