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PIA Press Release
2010/09/25

DPWH assures payment of right of way claimants of Cervantes-Mankayan-Abatan Road

by SC Aro

Mankayan, Benguet (25 September) -- The Department of Public Works and Highways assured payment of road right of way (RROW) claims of property owners affected in the almost completed Cervantes-Mankayan-Abatan arterial road project.

Francis Almora, DPWH-CAR Administrative Officer and concurrently in charge of the Legal Unit, said the DPWH is working for fair compensation of claimants. He asked the claimants to immediately comply with the required supporting documents before the target project completion on October 31 this year.

He said the reason on the delay of claims was that this was passed on from one personnel to the other. But acting on the urgency of the matter, they have now assigned people purposely to work out the processing of claims.

Governor Nestor Fongwan, Chairman of the Infrastructure Monitoring and Advisory Group (IMAG) for Cervantes-Mankayan-Abatan, in a meeting last September 24 announced the 92 individual claimants for Colalo section based on parcellary survey plan affected by the project. Parcellary survey refers to the survey of ancestral land.

Fongwan said there are also claimants in Guinaoang and Bulalacao. He said DPWH has allotted P2.6 million for the claimants in the two barangays but was not yet released due to lack of necessary documents to prove their claims.

According to Fongwan, former DPWH-CAR Regional Director Enrico Guilas in a letter dated September 6, 2010 informed that the DPWH Legal Unit reconciled documents and the names of the affected claimants which was in their possession and those appearing on the approved parcellary survey plan of DPWH - Philippine Japan Highways Loan -Project Management Office (DPWH-PJHL-PMO). DPWH-PJHL-PMO is the supervising consultant of the project.

Guilas further stated that only those names appearing on the parcellary plan within the project scope will be entertained provided they have completed all the necessary requirements.

Fongwan directed Mayor Materno Luspian to assist the claimants in resolving the issues and conflicts among claimants.

Project Engineer Francisco Sawali also offered that the DPWH-PJHL-PMO Office in Mankayan is open to assist claimants even before and beyond office hours.

Among the issues raised during the meeting were the representation or appointment in the case of the heirs as their Attorney-in-fact to be named as payee, transparency of those representing the heirs, non-inclusion names in the listings presented by DPWH but have legal documents to prove their claim.

DPWH-CAR has two checklists of documents to be accomplished by the claimants. One is for the lots such as: a) Deed of Absolute Sale signed by the owner and the duly authorized representative of DPWH; b) Original or Transfer Certificates of Title certified as true copy by the Register of Deeds; c) Tax Declaration certified as true copy by the Assessor's Office; d) Realty tax clearance issued by the local treasurer; e) certification by the Regional Director or Project Director that the said lot is within the boundaries of the right of way limits as shown in the parcellary survey plan and/or structure mapping plan; f) Certification by the Planning Service that the claim is not within the ROW of a converted provincial road; g) Basis of evaluation of affected lots (Zonal Valuation/Appraisal Committee/Independent Land Appraiser/Court Order, etc.); h) Original Parcellary Survey plan and/or verification survey plan with sketches certified correct by Regional Director or Project Director.; i) DENR approved subdivision plan for partially affected property; j) Certification by the Implementing Office that there is no previous pending claim or no payment received (for properties without partial payment); and k) project profile of the project certified correct by the Regional Director of Project Director.

The other checklist for improvements/structures are as follows: a) disbursement voucher; b) memorandum request; c) agreement to demolish and remove improvements; d) acknowledgement of Contracts; e) Permission to Enter; f) Computation of damaged property(bill of materials, cost estimates) and Inspection of IROW Team; g) Proof of Ownership (Title and Tax Declaration) ; h) Tax declaration (5 years of payment); i) Copy list of claimants/amount of claim signed by the Project Engineer; j) Original parcellary plan or if none, verification survey plan with sketches Certified correct by the Project Director; k) Sketch of damaged properties by the project engineer; l) Project profile of the project certified correct by the /regional Director of Project Engineer; m) Certification by the Project Director that the said lot is within the Boundaries of right of way limits as shown on the parcellary survey; n) Certified prices of plants by the Provincial Agriculturist (appraised value of crops certified by the Provincial Agriculturist; o) Certification form the head of the Implementing Office that there is no previous pending claim nor that payment has already been received or disclosure of partial payment received) for the acquisition of said property by the government; p) Certification of Barangay Captain (in case the structure occupants or owner is different form the land owner; q) waiver; r) pictures; and s) CTC.

Almora explained that the constructed road right of way was only around eight to nine meters from the center of the road or equivalent to about 16 to 18 meters. They did not maximize the supposed 20 meter RROW for future expansion. He said their office is appealing to claimants that while DPWH is acquiring the 20 meter RROW, they should not build on the remaining areas to allow for future expansion.

The Cervantes-Mankayan-Abatan road, tagged as heritage highway linking the historically rich Ilocos Region and the indigenous tourist spots in Cordillera, is a two-year project under the Japan International Cooperation Agency Loan of the Philippine Government with a total cost of P747.733 million.

As of September 20, 2010, the rate of accomplishment is 93.66 per cent lagging a little behind the 97.23 percent supposed accomplishment for the period. (PIA-Benguet) [top]

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