A Cut-off date is normally established and informed to the project affected persons to ensure that further illegal occupation or re-occupation of acquired properties or right-of-way are prevented, and avoided. PAPs found to be residing in, doing business or cultivating land, or having rights over resources within an affected property as of the cut-off date are the only ones eligible to compensation of lost assets. Persons making claims based on subsequent occupation after the Cut-off Date are not eligible for compensation and entitlements.
Eligible PAPs may fall under the following indicative categories:
1. Landowners
a. Legal owners (agricultural, residential, commercial and institutional) who have full title, tax declaration, or who are covered by customary law (e.g. possessory rights, usufruct, etc.) or other acceptable proof of ownership;
b. Users of arable land who have no land title or tax declaration;
c. Agricultural lessees;
d. Holders of Certificate of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act; and
e. Holders of free or homestead patents and Certificates of Land Ownership Award (CLOA) under CA 141, Public Lands Act.
2. PAPs with Structures
a. Owners of structure who have full title, tax declaration, or who are covered by customary law (e.g. possessory rights, usufruct, etc.) or other acceptable proof of ownership;
b. Owners of structures, including shanty dwellers, who have no land title or tax declaration or other acceptable proof of ownership;
c. Renters;
d. Owners of structures including shanty dwellers with appended livelihood activities, who have no land title or tax declaration or other acceptable proof of ownership; and
e. Owners of structure including shanty dwellers with appended livelihood activities, who have full title, tax declaration, or who are covered by customary law (e.g. possessory rights, usufruct, etc.) or other acceptable proof of ownership.