2. RA 8974- An Act to Facilitate the Acquisition of Right –Of-Way (ROW), Site or Location for National Government Infrastructure Projects a law that was assigned and took effect in November 2000. RA 8974 provides the different bases for land valuation for the following modes of acquisition, negotiated sale and expropriation. The Implementing Rules and Regulations of this law state that the Implementing Agency shall negotiate with the owner for the purchase of the property by offering first the current zonal value issued by the Bureau of Internal Revenue for the area where the private property is located. The law also states that valuation of the improvements and/or structures on the land to be acquired shall be based on the replacement cost which is defined as the amount necessary to replace the structure or improvement based on the current market prices for materials, e overhead, and all other attendant costs associated with the acquisition and installation in place of the affected improvements/installation. Methods of Negotiation. Under the law, there are different modes of acquiring title to, and ownership of, private property particularly real estate property, as well as the modes of acquiring right to use private property for another purpose. RA 8974 specifies the following methods: Donation, Quit Claim, Exchange or Barter, Negotiated Sale or Purchase, Expropriation and any other modes of acquisition authorized by law. For the full text of RA 8974 and its Implementing Rules and Regulation please refer to Appendices 1 and 2 respectively. Zonal value as the first offer. In case the mode of acquisition is through a negotiated sale, the first offer shall be the zonal value of the particular land where the property is located, issued by the Bureau of Internal Revenue. In case the owner rejects the first offer, the Department shall renegotiate using the values recommended by the Appraisal Committee or Independent Land Appraiser as a guide for negotiation. Standards to determine market value. Negotiated sale between DPWH and the PAF based on the following standards to determine the market value: o The classification and use for which the property is suited; o The development costs for improving the land; o The value declared by the owners; o The current selling price of similar lands in the vicinity; o The reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the for improvements thereon; o The size, shape and location, tax declaration and zonal valuation of the land;
Location Requirement for FPIC Requirement for IPAP Voluntarily initiated or solicited by IPs; Inside Ancestral Domain None None Outside Ancestral Domain No None Projects that are not voluntarily initiated or solicited by IPs Inside Ancestral Domain Yes MOA=IPAP Outside Ancestral Domain No except for a special case IPAP required discussed in Section 6.5.4 of this chapter Invocation of Eminent Domain as a last resort Inside Ancestral Domain Yes but result of FPIC process is negative IPAP Outside Ancestral Domain No IPAP Objectives: To identify if there are Indigenous Peoples living or using the land in the vicinity of the project. To determine if a project identified for possible implementation will affect an ancestral domain. Offices/Persons Involved: For projects at the Central Office: Project Director and staff; Environmental and Social Safeguards Division (ESSD) assigned for the Region where the project will be implemented; For projects
Stage in the Project Cycle Objective Activities Output Relation to IPAP/IPAP Elements DPWH NCIP Studies To determine if the project will pass or affect a known ancestral domain area. Prepare project plan, description and other relevant documents, including indicative map. Submit these to the NCIP. If available, obtain a listing of Ancestral Domains including ethnographic maps Examine if the project will pass through a known ancestral domain If not, apply for a Certificate of NonOverlap. Project profile, plan, description, Other relevant documents Application for a Certificate of Non Overlap Certificate of No ancestral Domain no MOA. IPAP may still be needed if indigenous peoples are found to be those affected.
Stage in the Project Cycle Objective Activities Output Relation to IPAP/ IPAP Elements DPWH NCIP Project Appraisal To determine whether to proceed with the contract package or not. To assess project feasibility, costs and benefits and risks. To finalize list of contract packages. To craft the project’s framework governing IPs. Policy Framework Governing IPs Institutional and Legal Framework Governing IPs Detailed Engineering (including RAP Preparation) To obtain free and prior informed consent from the affected ICCs/IPs finalize the IPAP, and integrate it in the project design DPWH: If unfinished continue getting voluntary from IPs. NCIP: Conduct validation of to determine if indeed project was voluntarily solicited or initiated by IPs. NCIP with DPWH: If not voluntarily solicited, conduct free, prior, and informed consent proceedings including presentation of detailed design of the road DPWH: Detailed Design, RAP IPAP Written from IPs that the Contract Packages are voluntarily solicited initiated Certification Precondition (that validates The consultations done); Validation Of Resolution of Consent or Non Consent An action plan of measures to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of the project implementing agencies; When potential adverse effects on Indigenous Peoples are identified, an appropriate action plan of measures to avoid, minimize, mitigate, or compensate for these adverse effects. The cost estimates and financing plan for the IPAP. Accessible
Summary of Impact and Corresponding Safeguard Instruments Location of Affected IPs Impact Relocation Site and Magnitude of Affected Families to be relocated Guiding Framework Safeguard Instrument Inside Ancestral Domain Without resettlement Not Applicable FPIC Guidelines of 2006 and possible MOA between DPWH and NCIP. For compensation and entitlements, Chapter II and III of the LARRIP. MOA = IPAP With resettlement Inside FPIC Guidelines of 2006 and possible MOA between DPWH and NCIP. For compensation and entitlements, Chapter II and III of the LARRIP. MOA = IPAP Outside Ancestral Domain FPIC Guidelines of 2006 and possible MOA between DPWH and NCIP. For compensation and entitlements, Chapter II and III of the LARRIP. MOA = IPAP Mixed: Some resettled outside Ancestral domain; Others remain inside FPIC Guidelines of 2006 and possible MOA between DPWH and NCIP. For compensation and entitlements, Chapter II and III of the LARRIP. For the remaining inside the Ancestral Domain; MOA = IPAP. For those resettled outside the Ancestral Domain: Depending on magnitude, either a stand-alone IPAP or a special chapter in the RAP
Location of Affected IPs Impact Relocation Site and Magnitude of Affected Families to be relocated Guiding Framework Safeguard Instrument Outside Ancestral Domain With resettlement Whole community or a large portion of the community LARRIP Governed by possible MOA between the DPWH and NCIP. Explore option to resettle in place of origin. If the identified receiving area were an ancestral domain, Free and Prior Informed Consent should be obtained from the hosting IP community. FPIC Guidelines of 2006 and possible MOA between DPWH and NCIP shall apply. For compensation and entitlements, Chapter II and III of the LARRIP. A Few Families but majority of the IP Community remains Explore option to resettle in the immediate vicinity of the IP community. For compensation and entitlements, Chapter II and III of the LARRIP. IPAP covers both PAFs to be resettled and the community that remains Without resettlement Not applicable For compensation and entitlements, Chapter II and III of the LARRIP. Depending on the number of IP PAFs, either a stand-alone IPAP will be drafted or a special IP Section in the abbreviated RAP. Outside Ancestral Domain With or without resettlement Whole Community or a Portion FPIC Guidelines of 2006 MOA = IPAP IPs who have been resettled in land of the public domain For compensation and entitlements, Chapter II and III of the LARRIP.