Table 5 gives an example of an entitlement matrix. The entitlements should be based on potential resettlement impacts and corresponding compensation or other assistance, regardless of land tenure status. The actual entitlements will be determined following detailed design and parcel survey and in consultation with affected persons and other stakeholders. The entitlements will be enhanced, as necessary, and will be presented in detail in a Resettlement Action Plan (RAP) to ensure that losses are restored at least to pre-project condition, if not improved.
Table5: Indicative Sample Entitlement Matrix | ||||
Type of Impact | Application | Entitled Person | Entitlements | Regulation/ Guideline |
Land (Classified Agricultural/ Residential/ Commercial/ Industrial/ Institutional) | Severely Affected: More than 20% of the total landholding is lost or where less than 20% lost but the remaining land holding becomes economically unviable. | • PAPs with Transfer Certificate of Title (TCT) or tax declaration (Tax declaration can be legalized to full title) or who are covered by customary law; ● Holders of CLOA granted under Comprehensive Agrarian Reform Act; and ● Holders of free or homestead patents and Certificates of Land Ownership Award (CLOA) under CA 141, Public Lands Act. | PAPs will be entitled to: ● Cash compensation at 100% replacement cost ● If feasible, land for land will be provided in terms of a new parcel of land of equivalent productivity in a nearby resettlement area with adequate physical and social infrastructure. ● Cash compensation for damaged crops and cost of production at market value at the time of taking. ● Rehabilitation assistance in the form of skills training equivalent to the amount of Php 15,000.00 per family, if the present means of livelihood is no longer viable and the affected family will have to engage in a new income activity. ● Disturbance Compensation - if agricultural land is severely affected the lessees are entitled to disturbance compensation equivalent to 5 times average of gross harvest for the past 3 years, but not less than PhP15,000. | DPWH LARRIPP/ RA8974 |
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| ● Holders of free or homestead patents and Certificates of Land Ownership Award (CLOA) under CA 141, or the Public Lands Act; | ● No compensation for land. ● Compensated for improvements only. ● Cash compensation for damaged crops at market value at the time of taking. ● Agricultural lessors are entitled to disturbance compensation equivalent to 5 times the average of the gross harvest for the past 5 years but not less than Php 15,000.00. | DPWH LARRIPP/ RA 8974 |
| Marginally Affected: less than 20% of the total landholding is lost or where less than 20% lost but the remaining land holding still viable for use. | ● PAPs with TCT or tax declaration (Tax declaration can be legalized to full title); and ● Holders of CLOA granted under Comprehensive Agrarian Reform Act. | ● Cash compensation for the affected portion of the land at 100% replacement cost, ● Cash compensation for damaged crops at market value at the time of taking. | DPWH LARRIPP/ RA 8974 |
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| ● Holders of free or homestead patents and Certificates of Land Ownership Award (CLOA) under CA 141, or the Public Lands Act | ● No compensation for land. ● Cash compensation for damaged crops (improvements) at market value at the time of taking. | DPWH LARRIPP/ RA 8974 |
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| ● Cash compensation for damaged crops at market value at the time of taking. ● Agricultural lessors are entitled to disturbance compensation equivalent to 5 times the average of the gross harvest for the past 5 years but not less than Php 15,000.00. | DPWH LARRIPP/ RA 8974 | |
Structures (Residential, Commercial or Industrial/ Institutional | Severely Affected: More than 20% of the total landholding is lost or where less than 20% lost but the remaining structure is longer function as intended or no longer viable for continued use. | ● PAPs with or without TCT or tax declaration (Tax declaration can be legalized to full title) | ● Cash compensation for entire structure at 100% of replacement cost. ● Rental subsidy for the time between the submission of complete documents and release of payment on land. | DPWH LARRIPP/ RA 8974 |
| Marginally Affected: Less than 20% of the total landholding lost or where the remaining structure can still function and is viable for continued use. | ● PAPs with or without TCT or tax declaration (Tax declaration can be legalized to full title) | ● Cash compensation for the affected portion of the structure at 100% of replacement cost. | DPWH LARRIPP/ RA 8974 |
Crops, Trees, Perennials | Crops, Trees, Perennials | Owners | ● Cash compensation at current market value as prescribed by the concerned LGUs and DENR. ● Based on the Annual Gross Harvest for principal crops. compensation for secondary crops based on the average annual gross harvest for last 3 preceding crop years; in no case shall compensation be less than P15,000. ● Compensation for perennials of commercial value - as determined by DENR or Appraisal Committee. Compensation for damaged crops (palay and corn) at market value at time of taking; will be based on cost of production per hectare. ● Compensation for fruit-bearing trees will be based on assessment of the Provincial or the Municipal Assessors where the project is located. | E.O. 1035 & DPWH LARRIPP |
Rent or Free use of buildings | Both with residential and commercial purposes | Renters/APs Rent-free/APs | ● Compensation at replacement cost. Relocation assistance for loss of building/s. ● Php 15,000.00 rehabilitation in self-relocation cases. |
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Business Income | Affected Businesses | Owner of business ● With ITR ● Without ITR | Allowance equivalent to 3 months income based on income tax or 3 months at local minimum wage. |
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Wages | Affected wage earners | Wage earners | Rehabilitation assistance equivalent to 2 months actual wage. |
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Lack of economic opportunities | Unemployed women/wives | Women of PAPs | ● Rehabilitation assistance ● Vocational training |
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Other Improvements | Severely or marginally affected | PAPs will be entitled to: Cash compensation for the affected improvements at replacement cost. |
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Source: Adapted from the Draft Resettlement Policy Framework (RPF), Philippine Secondary National Roads Development Project (SNDRP) funded by the Millennium Challenge Corporation (MCC), 2011.