Author Topic: Road-right-of-way issues with Mindanao Railway  (Read 10066 times)

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Road-right-of-way issues with Mindanao Railway
« on: December 01, 2019, 04:51:48 PM »
Administrator’s note: See also

Mindanao Railway System


======


Gov’t bracing for legal steps in land acquisition for Mindanao railway
October 14, 2018 | 7:57 pm   

https://www.bworldonline.com/govt-bracing-for-legal-steps-in-land-acquisition-for-mindanao-railway/

THE GOVERNMENT may have to go to court to assert its eminent domain for the first phase of the Mindanao Railway System (MRS) project as some land owners are not keen to let go of their properties that are on the path of the train track, a regional official said. The first segment of the MRS covers the cities of Tagum, Davao, and Digos, all in Davao Region. “We are still negotiating with the landowners to acquire right of way (ROW) for the track. As of now negotiation is not final yet,” Davao del Norte Governor Anthony G. del Rosario, also the chair of the Davao Regional Development Council, told the media last week in Tagum City.

< Edited >



https://www.philstar.com/opinion/2019/11/06/1966302/bungled-rights-way-delaying-rail-works

< Edited >

Mindanao Railway Phase 1 – eight stations in Davao del Norte, Davao City, and Davao del Sur – was redesigned last minute. Planners shifted to twin from single track, electric from diesel power, and 102-km ground level to 100-km with elevated portions and aqueduct. Rushed realignments drew resistance from middle-class homeowners. Last Feb.’s groundbreaking was postponed indefinitely. Monteritz Classic Estates sought review of the overrun of 40 homes and 67 lots, BusinessWorld reported in May. So did South Pacific Gold and Leisure Estates of the railway cutting through the fairway and clubhouse on which residents had invested. Scoffing at property owners’ rights, DOTr said they should put development above personal concern. Earlier Maria Lourdes Monteverde, ex-president of Davao City’s Chamber of Commerce and Industry, chided DOTr’s unclear project vision. Property owners were left in limbo about just compensation, so could not move on, she told MindaNews in Jan. Transport Sec. Arthur Tugade wants partial operation of Tagum-Davao City-Digos circuit by 2022, President Rody Duterte’s term end. The first rail track has yet to be laid down.

< Edited >
« Last Edit: December 11, 2019, 09:17:28 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #1 on: December 01, 2019, 11:44:47 PM »
Consultants restudying railway alignment in Davao amid objections
By ANTONIO L. COLINA IV -MARCH 1, 2019 5:01 PM

https://www.mindanews.com/top-stories/2019/03/consultants-restudying-railway-alignment-in-davao-amid-objections/

DAVAO CITY (MindaNews/01 March) – Hong Kong-based consultants are studying possible measures to address the concerns raised by homeowners of an exclusive subdivision in Barangay Ma-a here that making the viaduct of the Mindanao Railway System pass over their residences will inconvenience them, Department of Transportation (DOTr) Assistant Secretary Eymard Eje said on Friday.

Homeowners at Monteritz Classic Estates have earlier appealed to DOTr to consider the impact on them if it pushes through with the latest alignment of the 102-kilometer Tagum City-Davao City-Digos City railway project, the phase 1 of the 1,550-kilometer Mindanao Railway System.

Eje told MindaNews in an interview that experts from Ove Arup & Partners Hong Kong LTD are looking at what they can do to address these concerns.

Phase 1 would have eight stations, namely: Tagum City, Carmen and Panabo in Davao del Norte; Mudiang in Bunawan, Davao Terminal and Toril in Davao City; and Sta. Cruz and Digos City in Davao del Sur. It will cost P97.386 billion.

< Edited >

Jesito V. Villamor, Monteritz Classic Estates Homeowners Association Inc. president said in a text message that they are glad that the DOTr and its consultants are heeding their call for a restudy.

< Edited >




Homeowners plead with DOTr to consider ‘unquantifiable emotional cost’
Published February 26, 2019, 5:29 PM
By Antonio Colina IV

https://news.mb.com.ph/2019/02/26/homeowners-plead-with-dotr-to-consider-unquantifiable-emotional-cost/

DAVAO CITY –Homeowners in a subdivision here where the Mindanao Railway will traverse have asked the Department of Transportation (DOTr) to consider the “unquantifiable emotional cost” of putting their homes along the path of the railway project.

This was disclosed by Jesito V. Villamor, president of the Monteritz Classic Estates Homeowners Association, Inc. (MCEHAI) on Monday.

Villamor said the while the residents did not oppose the project, they questioned the abrupt changes to the alignment, which would now have the railway cut through their subdivision.

He said it was not appropriate for a railway to traverse inside an exclusive subdivision when DOTr would insist with the construction of a viaduct “passing over the roofs of our homes” in Phase 1 of Monteriz as part of the 102-kilometer railway path, traversing Tagum City, Davao City, and Digos City.

Phase 1 of the subdivision has 40 homeowners and 67 lot owners, he said.

He said the initial plan that was presented to homeowners in October 2018, indicated the path would traverse the soon-to-be-developed Town Plaza, located just outside Monteritz.

He said they learned from the DOTr in a meeting at Monteritz last January 22, that the “initial” alignment had been dropped and that the latest alignment would now pass through the subdivision, specifically on Fitzgerald Street.

< Edited >

“Ang masama pa nito naririnig namin may sementeryo na iniwasan in respect of the dead. Kung nagawang respetuhin yung mga patay bakit hindi yung buhay? (What is worse, we have heard that they avoided the cemetery in respect of the dead. If they can respect the dead, why can they do that to the living?)” he said.
 
Since no consultation was conducted on the latest alignment, he said they had to barge into the February 21 committee hearing at the City Council of Davao to express their concerns directly to DOTr and representative from the National Economic Development Authority in Davao Region.

< Edited >




====




https://www.facebook.com/mcehai1/photos/p.270306860565249/270306860565249/?type=1&theater

« Last Edit: December 02, 2019, 12:48:09 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #2 on: December 02, 2019, 12:54:29 AM »
The image below from the FB page Davao Construction was quoted by the homeowners association of Monteritz Classic Estates.

https://www.facebook.com/DavaoConstructions/photos/pcb.3049566915069500/3049566211736237/?type=3&theater




adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #3 on: December 02, 2019, 08:06:41 AM »
Affected homeowners appeal to DoTr to reconsider railway system alignment
February 27, 2019 | 9:01 pm
By Carmencita A. Carillo, Correspondent

https://www.bworldonline.com/affected-homeowners-appeal-to-dotr-to-reconsider-railway-system-alignment/

DAVAO CITY — “Please don’t disrupt our lives,” was the plea made by Paulina C. Pestaño on behalf of the 1,600 lot owners at South Pacific Golf and Leisure Estates Homeowners Association. The high-end subdivision developed by Sta. Lucia Realty, which is also home to an 18-hole par-72 golf course worth P500 million, is one of several areas that will be affected by the alignment of the Mindanao Railway System (MRS) Tagum-Davao-Digos (TDD) segment.

Ms. Pestaño grew up in Davao, relocated and worked in another city and then decided to retire in the city. Her family has been living in South Pacific for two years now after the completion of their house in 2017. Family refers to her and her siblings — one a physician in Zamboanga who visits Davao almost every month and the other one an engineer living in California who comes home twice a year, and the other one a retired CPA who used to manage the family business.

“We decided to retire here and build our retirement home at South Pacific primarily because of the fresh air and of course there is a golf course. If they build the railway there they will destroy the very reason why we invested in the area for retirement,” she told BusinessWorld in an interview.

While the MRS project manager said no house will be directly hit by the railway construction, she said, the construction will still pass through the golf course and the newly-completed clubhouse which cost P50 million to build. If there is construction activity even in hole No. 1 alone, she added, then there will be no more golf since all the golfers have to tee off there.

< Edited >
« Last Edit: September 15, 2020, 09:46:45 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #4 on: December 02, 2019, 09:47:18 AM »
Railway affects barangays, subdivisions
LYKA AMETHYST H. CASAMAYOR
December 5, 2018

https://www.sunstar.com.ph/article/1777301/Davao/Local-News/Railway-affects-barangays-subdivisions

THE Mindanao Railway Project Tagum-Davao-Digos (MRP-TDD) will affect 23 barangays and 10 subdivisions in Davao City alone.

The barangays affected are Ma-a, Bago Oshiro, Sirawan, Marapangi, Lubogan, Buinugao, Crossing Bayabas, Baracatan, Bankas Heights, Magtuod, Langub, Catalunan Pequeño, Catalunan Grande, Baliok, Tibungco, San Isidro, Mudiang, Mahayag, Waan, Tigato, Indangan, Cabantian and Buhangin.

While the subdivisions affected, according to the Department of Transportation (DOTr) are Monteritz, New Ecoland, Alsons Development, Decca Homes, and Narra Park. While City Planning and Development Office Housing and Home Site Division chief Roy Ryan Rigor reported South Pacific Residential Estate, Decca Homes- Catalunan, Villa Señorita and Garden Heights- Mudiang to be also affected with the implementation.

< Edited >

“Nobody is against it. In fact, everybody is excited with the Mindanao railway project because it will it will boost the economy in the area,” Committee on Public Works and Highways chairperson Councilor Jesus Zozobrado III said in an interview with SunStar Davao on Monday, December 3.

“What is only important is that we do it in a proper way. All those who will be affected should be addressed properly and perhaps compensated,” he said.

< Edited >


=====


Sara on right-of-way problem: It is not our job
LYKA AMETHYST H. CASAMAYOR
December 17, 2018

https://www.sunstar.com.ph/article/1779183

< Edited >

Duterte-Caprio said she asked the Sangguniang Panglungsod (SP) to let the Department of Transportation (DOTr) present the project before the council and invite stakeholders so that they will understand what the project is.

Members of the South Pacific Golf and Leisure Estates Homeowners Association barged into the city council’s session on December 10 to hear the explanation on the realignment of the project as they complained that their rights were violated given the absence of a consultation and the lack of disclosure on the project.

Meanwhile, Duterte-Carpio said the MRP-TDD is a project of the national government through the DOTr and that the city supports the project especially that it will benefit the entire Mindanao but not with the negotiation issues.

It was earlier reported that 23 barangays and 10 subdivisions might be affected by the railway project.

Affected barangays are Ma-a, Bago Oshiro, Sirawan, Marapangi, Lubogan, Buinugao, Crossing Bayabas, Baracatan, Bankas Heights, Magtuod, Langub, Catalunan Pequeño, Catalunan Grande, Baliok, Tibungco, San Isidro, Mudiang, Mahayag, Waan, Tigato, Indangan, Cabantian and Buhangin.

Affected subdivisions are Monteritz Subdivision, New Ecoland Subdivision, Nortown and Northcrest of Alsons Development, Deca Homes-Buhangin, Narra Park Residences, Alta Monte Davao, South Pacific Residental Estate in Mintal, portions of Deca Homes in Catalunan Grande, Villa Señorita, and Garden Heights.

Based on a DOTr report, Holcim Philippines, Alsons Development projects, Davao Town Plaza, South Pacific Golf Course, RDL Pharmaceutical Lab., Inc., Sta. Lucia Land, Inc., and some properties of Dennis Uy could also be affected.
« Last Edit: December 03, 2019, 10:58:03 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #5 on: December 03, 2019, 12:30:28 AM »
Davao homeowners to DOTr: Railway will make us live ‘along the riles’
By ANTONIO L. COLINA IV -FEBRUARY 25, 2019 5:30 PM

https://www.mindanews.com/top-stories/2019/02/davao-homeowners-to-dotr-railway-will-make-us-live-along-the-riles/

< Edited >

Speaking at Kapehan sa Dabaw on Monday, MCEHAI president Jesito V. Villamor borrowed the title of the popular television comedy show in the 1990s, “Home Along Da Riles,” to describe what their community would like if the DOTr would insist on building a viaduct over their community as part of the 102-kilometer railway path traversing Tagum, Davao and Digos cities.

Villamor said they were not consulted about the latest plan.

The viaduct will pass “over the roofs of our homes” in phase 1 of Monteritz, which has 40 homeowners and 67 lot owners, he said.

He said the residents are not opposing the project but are questioning the abrupt changes to the alignment, which now passes through their subdivision.

He said the initial plan presented to homeowners in October 2018 indicated the path would traverse the soon-to-be-developed Town Plaza, located just outside Monteritz.

Villamor said they learned from the DOTr in a meeting at Monteritz last January 22 that the “initial” alignment had been dropped in favor of one that would pass through the subdivision, specifically over Fitzgerald Street in Monteritz.

< Edited >

He said the developer UrbanEast Developments Inc. can still redesign the structure of the Town Plaza to accommodate the plan of the DOTr while residents can no longer have that similar chance as they already have invested their “hard earned income to build” their houses.

“We have so many retirees and elderlies whose spouses are sick,” Villamor said.

He said they would have accepted the DOTr proposal if there is no other option where to locate the railway path but added the agency has many other choices since the latest alignment is already the fifth option.

< Edited >

Dr. Anthony Alberto C. Anggala, MCEHAI director, maintained a railway should not be located inside the subdivision.

“Common sense will tell you that the railway is not supposed to be inside the subdivision, you don’t have to be a doctor or an engineer to just think about it. There is an option, a few meters away is a commercial area, another few meters away is the main highway, which in other countries, even in Manila is along the road,” he said.

He added it may cause traffic temporarily but if “you put it inside subdivision, it’s going to affect the families there and it’s going to be permanent.”

< Edited >
« Last Edit: December 03, 2019, 12:37:09 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #6 on: December 06, 2019, 08:02:57 AM »
Mindanao railway project to affect properties, big firms
(SunStar Davao graphics)
LYKA AMETHYST H. CASAMAYOR
December 11, 2018

https://www.sunstar.com.ph/article/1778306

< Edited >

During Monday’s city council session, the DOTr presented three options of realignment between Mudiang and Davao stations to avoid the above-mentioned properties and developments.

Option A will avoid most of the major developments except the RDL but its construction cost for length will increase by 0.7 kilometers. Option B will also avoid most of the major developments except the RDL but it will demand higher extra cost because of a route increase by one kilometer.

DOTr Assistant Secretary Eymard Eje said the most preferred option for realignment is option C because even if it will demand higher extra cost for route increase by 1.1 kilometer, it will avoid all the key developments except a portion of Holcim Philippines.

However, these options are still under feasibility studies and do not give assurance that the major developments will not be affected at all.

“It has always been the objective of the government, local or national, na as much as possible ay we should avoid yung mga maraming maapektuhan,” committee on public works and highways chairperson Councilor Jesus Joseph Zozobrado said in a phone interview with SunStar Davao Tuesday, December 11.

“We are trying to find mitigating steps or actions para hangga’t maaari ay kokonti lang ang maapektuhan at ma-relocate,” he added.

Zozobrado said that DOTr was supposed to finalize the project by February 2019.

< Edited >

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #7 on: December 16, 2019, 02:10:17 PM »
Any observer of developments related to the Mindanao Railway System must also study the Jakarta-Bandung high speed rail in Indonesia. Not only is the Indonesian railway being constructed with Chinese funding, but it is also being built by one of the bidders for the Mindanao Railway.

Important point keep track of is the China Development Bank's requirement to have all road-right-of-way issues settled before granting access to its credit facilities.

Jakarta-Bandung high speed rail project poses big challenge for Jokowi
By SIWAGE DHARMA NEGARA, LEO SURYADINATA

Published 12 JANUARY, 2018
UPDATED 12 JANUARY, 2018

https://www.todayonline.com/commentary/jakarta-bandung-high-speed-rail-project-poses-big-challenge-jokowi

The Jakarta-Bandung high-speed-rail project is part of President Joko “Jokowi” Widodo’s ambition to upgrade Indonesia’s lagging infrastructure. The Indonesian leader has designated it a national strategic project, meaning that all government agencies are supposed to give it priority treatment, such as accelerating the issuance of permits.

If successful, the project will cut travel time between the two cities in western Java from about three hours by car to just 40 minutes. The US$5.5 billion (S$7.3 billion) project is funded mainly by a loan from China.

Controversies, however, have surrounded the project from the very beginning.

Much has been discussed about how Japan, the initial bidder, was outdone by China’s more attractive financing scheme that does not require any government guarantee.

Nevertheless, some argue that the scheme offered by China is misleading since Indonesia’s state-owned enterprises (SOE) have to eventually bear the cost of the project.

< Edited >

The construction was to begin in August 2016 but has largely stalled.

According to project developer, PT Kereta Cepat Indonesia China (KCIC), as of September 2017, only around 55 per cent of the total 600-hectare land needed for the 142-kilometre railway project has been acquired.

The government had initially awarded PT KCIC a fixed concession period of 50 years starting from May 31, 2019. However, delays in project construction mean that both parties will need to consider moving the project completion date to 2020 or even later.

One issue that the Indonesians faced was the tough stance taken by the China Development Bank (CDB), designated by the Chinese government as the lender.

It initially took the stand that 100 per cent of the land must be legally procured before the loan agreement could be signed.

Moreover, it required the project to be included in the national spatial plan (Rencana Tata Ruang Wilayah or RTRW) and the area designated for the railway route clearly specified.

Without this legal basis, local authorities could not procure some of the required areas. In April 2017, Mr Widodo finally signed a new government regulation including the project into the national spatial plan.

< Edited >

It requires China’s loan in order to expedite project construction, but the new loan disbursement agreement is conditional on land acquisition and various legal frameworks being completed first at the local levels. In short, even though Mr Widodo has signed a national spatial plan, it has to be synchronised with related regional spatial plans.

Cautious as China already is about putting money into the infrastructure project too early, it may not be as interested in greater ownership of the project as it is in lending money and undertaking the construction.

< Edited >

The Jakarta-Bandung high-speed rail project will put Mr Widodo’s ability to accelerate infrastructure development in Indonesia to the test. Despite the many controversies that surround the project, the president seems to strongly believe that it will boost the economy along the railway route, especially through transit-oriented development.

< Edited >
« Last Edit: December 16, 2019, 02:40:27 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #8 on: December 17, 2019, 09:56:08 AM »
The requirement for completion of road-right-of-way acquisition would dovetail with why the government is moving ahead with other aspects of the project sans the loan itself

====

DOTr seeks to start massive Mindanao railway plan in early ’20
By: Miguel R. Camus - @inquirerdotnetPhilippine Daily Inquirer / 04:38 AM December 07, 2019

< Edited >

The DOTr said phase one would involve a 74-km at-grade section and a 26-km elevated commuter railway line. It is part of the planned 830-km Mindanao Railway Loop, which would connect key portions of Mindanao and would likely be financed with a loan from China.

Eymard Eje, DOTr Assistant Secretary for Mindanao Projects, said they were first working on the so-called project contract agreement before singing the official development assistance loan deal.

“It would be the DOF [Department of Finance] who would obtain the loan,” he said.

< Edited >

Read more: https://business.inquirer.net/284981/dotr-seeks-to-start-massive-mindanao-railway-plan-in-early-20#ixzz68KDV3Wku
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #9 on: December 23, 2019, 02:05:50 PM »
FB post of the Tagum City Planning and Development Office

https://www.facebook.com/tagumcityCPDO/photos/a.812186559143132/1007123012982818/?type=3&theater&ifg=1

In line with the ongoing implementation of the Mindanao Railway Project: Tagum – Davao – Digos Segment under the “Build Build Build” Program, the Department of Transportation – Project Management Office will conduct a PUBLIC CONSULATION on December 12, 2019 1:00 PM at Brgy San Miguel Gym, Tagum City.

The said activity aims to address and elucidate conceivable issues and concerns of the Project Affected Individuals in relation to the Right of Way and Site Acquisition of the Mindanao Railway Project.

ALL PROJECT AFFECTED PERSONS (PAP) & LOT/PROPERTY OWNERS AFFECTED BY THE RAILROAD RIGHT OF WAY FOR THE TAGUM SEGMENT IN BRGY MANKILAM AND BRGY SAN MIGUEL ARE INVITED TO THE SAID ACTIVITY

For verification/inquiries please message our facebook page or text us thru 09297894994.

You may also visit our office at 3rd Floor, New City Hall, JV Ayala Ave., Apokon, Tagum City and look for Mr. Ley Meynard Opeña





adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #10 on: December 25, 2019, 12:55:38 PM »
ALL PROJECT AFFECTED PERSONS (PAP) & LOT/PROPERTY OWNERS AFFECTED BY THE RAILROAD RIGHT OF WAY FOR THE TAGUM SEGMENT IN BRGY MANKILAM AND BRGY SAN MIGUEL ARE INVITED TO THE SAID ACTIVITY

Brgy Mankilam




Brgy San Miguel



adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #11 on: December 27, 2019, 01:22:30 PM »
Railway project makes progress
LYKA AMETHYST H. CASAMAYOR
August 15, 2019

https://www.sunstar.com.ph/article/1818894/Davao/Local-News/Railway-project-makes-progress

THE Department of Transportation (DOTr) said its issues on the road-right-of-way (ROW) for the Mindanao Railway Project Tagum-Davao-Digos (MRP-TDD) segment have already been settled with Davao City and other affected local government units (LGUs).

DOTr Assistant Secretary Eymard Eje said in a phone interview on August 14, 2019, that the agency is just waiting for the LGUs to submit project works or list of activities toward land acquisition and resettlement program.

While waiting for this, Eje said they are working on with other areas concerning the project so that they will still be following the MRP's timeline.

< Edited >

Eje admitted that settling ROW issues with property owners in Davao City took a long time as some demanded for realignment.

Last February, discussions were made with the city's committee on transportation and the DOTr as the Monteritz Classic Estates Homeowners Association lobbied in City Council for a realignment.

"Tapos na kami sa Davao City. Sa Monteritz na-settle na namin and we will have the realignment sa labas ng Town Plaza. Nagkaroon lang ng konting adjustments para lumabas yung line sa Town Plaza. Other LGUs, wala pa namang nag call out ng aming attention," he said.

Early this year, DOTr pronounced the initial budget of P5.4 billion for the acquisition of ROW where majority was allotted for Davao City.

Meanwhile, Mindanao Development Authority (Minda) executive director, Assistance Secretary Romeo Montenegro, said negotiation problems were a common challenge of some major projects in the country.

< Edited >

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #12 on: December 30, 2019, 01:22:14 PM »
Road-right-of-way markers in Sitio Uyanguren, Tigatto shared by a Mindanao Railway Watchers member





« Last Edit: December 30, 2019, 01:58:06 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #13 on: January 02, 2020, 01:27:29 PM »
Protections for law owners

Republic Act No. 10752
March 7, 2016
H. No. 5588
S. No. 3004

https://www.officialgazette.gov.ph/2016/03/07/republic-act-no-10752/

Republic of the Philippines
Congress of the Philippines
Metro Manila

Sixteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

[REPUBLIC ACT NO. 10752]

AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as “The Right-of-Way Act”.

SEC. 2. Declaration of Policy. – Article III, Section 9 of the Constitution states that private property shall not be taken for public use without just compensation. Towards this end, the State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required right-of-way for the projects.

SEC. 3. National Government Projects. – As used in this Act, the term “national government projects” shall refer to all national government infrastructure projects and its public service facilities, engineering works and service contracts, including projects undertaken by government-owned and -controlled corporations, all projects covered by Republic Act No. 6957, as amended by Republic Act No. 7718, otherwise known as the “Build-Operate-and-Transfer Law”, and other related and necessary activities, such as site acquisition, supply or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair and rehabilitation, regardless of the source of funding. Subject to the provisions of Republic Act No. 7160, otherwise known as the “Local Government Code of 1991”, local government units (LGUs) may also adopt the provisions of this Act for use in the acquisition of right-of-way for local government infrastructure projects.

SEC. 4. Modes of Acquiring Real Property. – The government may acquire real property needed as right-of-way site or location for any national government infrastructure project through donation, negotiated sale, expropriation, or any other mode of acquisition as provided by law.

In case of lands granted through Commonwealth Act No. 141, as amended, otherwise known as “The Public Land Act”, the implementing agency shall:

(a) Follow the other modes of acquisition enumerated in this Act, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; or

(b) Follow the provisions under Commonwealth Act No. 141, as amended, regarding acquisition of right-of-way on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title.

The implementing agency may utilize donation or similar mode of acquisition if the landowner is a government-owned or government-controlled corporation.

When it is necessary to build, construct, or install on the subsurface or subterranean portion of private and government lands owned, occupied, or leased by other persons, such infrastructure as subways, tunnels, underpasses, waterways, floodways, or utility facilities as part of the government’s infrastructure and development project, the government or any of its authorized representatives shall not be prevented from entry into and use of the subsurface or subterranean portions of such private and government lands by surface owners or occupants, if such entry and use are made more than fifty (50) meters from the surface.

SEC. 5. Rules on Negotiated Sale. – The implementing agency may offer to acquire, through negotiate sale, the right-of-way site or location for a national government infrastructure project, under the following rules.

(a) The implementing agency shall offer to the property owner concerned, as compensation price, the sum of:

(1) The current market value of the land,

(2) The replacement cost of structures and improvements therein; and

(3) The current market value of crops and trees therein.

To determine the appropriate price offer, the implementing agency may engage the services of a government financial institution with adequate experience in property appraisal, or an independent property appraiser accredited by the Bangko Sentral ng Pilipinas (BSP) or a professional association of appraisers recognized by the BSP to be procured by the implementing under the provisions of Republic Act No. 9184, otherwise known as the “Government Procurement Reform Act” and its implementing rules and regulations pertaining to consulting services.

If the property owner does not accept the price offer, the implementing agency shall initiate expropriation proceedings pursuant to Section 6 hereof.

The property owner is given thirty (30) days to decide whether or not to accept the offer as payment for his property. Upon refusal or failure of the property owner to accept such offer or fails anchor refuses to submit the documents necessary for payments, the implementing agency shall immediately initiate expropriation proceedings as provided in Section 6 herein.

(b) Subparagraph (a)(2) of Section 5 hereof shall also apply to all owners of structures and improvements who do not have legally recognized rights to the land, and who meet all of the following criteria:

(1) Must be a Filipino citizen;

(2) Must not own any real property or any other housing facility, whether in an urban or rural area; and

(3) Must not be a professional squatter or a member of a squatting syndicate, as defined in Republic Act No. 7279, otherwise known as the “Urban Development and Housing Act of 1992”.

(c) With regard to the taxes and fees relative to the transfer of title of the property to the Republic of the Philippines through negotiated sale, the implementing agency shall pay, for the account of the seller, the capital gains tax, as well as the documentary stamp tax, transfer tax and registration fees, while the owner shall pay any unpaid real property tax.

(d) If requested by the property owner, the implementing agency shall remit to the LGU concerned the amount corresponding to any unpaid real property tax, subject to the deduction of this amount from the total negotiated price. Provided, however, That the said amount is not more than the negotiated price.

(e) The property owner and the implementing agency shall execute a deed of absolute sale: Provided, That the property owner has submitted to the implementing agency the Transfer Certificate of Title, Tax Declaration, Real Property Tax Certificate, and other documents necessary to transfer the title to the Republic of the Philippines. The implementing agency shall cause the annotation of the deed of absolute sale on the Transfer Certificate of Title.

(f) Upon the execution of a deed of sale, the implementing agency shall pay the property owner:

(1) Fifty percent (50%) of the negotiated price of the affected land, exclusive of taxes remitted to the LGU concerned under subparagraph (d) herein; and

(2) Seventy percent (70%) of the negotiated price of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned under subparagraph (d) herein.

(g) The implementing agency shall, at the times stated hereunder, pay the property owner the remaining fifty percent (50%) of the negotiated price of the affected land, and thirty percent (30%) of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned under subparagraph (d) herein: Provided, That the land is already completely cleared of structures, improvements, crops and trees.

(1) At the time of the transfer of title in the name of the Republic of the Philippines, in cases where the land is wholly affected; or

(2) At the time of the annotation of a deed of sale on the title, in cases where the land is partially affected.

The provisions of subparagraph (a) herein shall also apply to outstanding claims for right-of-way payments, except that the amount to be offered shah be the price at the time of taking of the property, including legal interest until fully paid.

SEC. 6. Guidelines for Expropriation Proceedings. – Whenever it is necessary to acquire real property for the right-of-way site or location for any national government infrastructure through expropriation, the appropriate implementing agency, through the Office of the Solicitor General, the Office of the Government Corporate Counsel, or their deputize government or private legal counsel, shall immediately initiate the expropriation proceedings before the proper court under the following guidelines:

(a) Upon the filing of the complaint or at any time thereafter, and after due notice to the defendant, the implementing agency shall immediately deposit to the court in favor of the owner the amount equivalent to the sum of:

(1) One hundred percent (100%) of the value of the land based on the current relevant zonal valuation of the Bureau of Internal Revenue (BIR) issued not more than three (3) years prior to the filing of the expropriation complaint subject to subparagraph (c) of this section;

(2) The replacement cost at current market value of the improvements and structures as determined by:

(i) The implementing agency;

(ii) A government financial institution with adequate experience in property appraisal; and

(iii) An independent property appraiser accredited by the BSP.

(3) The current market value of crops and trees located within the property as determined by a government financial institution or an independent property appraiser to be selected as indicated in subparagraph (a) of Section 5 hereof.

Upon compliance with the guidelines abovementioned, the court shall immediately issue to the implementing agency an order to take possession of the property and start the implementation of the project.

If, within seven (7) working days after the deposit to the court of the amount equivalent to the sum under subparagraphs (a)(1) to (a)(3) of this section, the court has not issued to the implementing agency a writ of possession for the affected property, the counsel of the implementing agency shall immediately seek from the court the issuance of the writ of possession. The court shall issue the writ of possession ex parte; no hearing shall be required.

The court shall release the amount to the owner upon presentation of sufficient proofs of ownership.

(b) In case the owner of the property cannot be found, if unknown, or deceased in cases where the estate has not been settled, after exerting due diligence, or there are conflicting claims over the ownership of the property and improvements and structures thereon, the implementing agency shall deposit the amount equivalent to the sum under subparagraphs (a)(1) to (a)(3) of this section to the court for the benefit of the person to be adjudged in the same proceeding as entitled thereto.

Upon compliance with the guidelines abovementioned, the court shall immediately issue to the implementing agency an order to take possession of the property and start the implementation of the project.

If, within seven (7) working days after the deposit to the court of the amount equivalent to the sum under subparagraphs (a)(1) to (a)(3) of this section, the court has not issued to the implementing agency a writ of possession for the affected property, counsel of the implementing agency shall immediately seek from the court the issuance of the writ of possession.

The court shall release the amount to the person adjudged same expropriation proceeding as entitled thereto.

(c) In provinces, cities, municipalities, and other areas where there is no land classification, the city or municipal assessor is hereby mandated, within the period of sixty (60) days from the date of filing of the expropriation case, to come up with the required land classification and the corresponding declaration of real property and improvement for the area. In provinces, cities, municipalities, and other areas where there is no zonal valuation, or where the current zonal valuation has been in force for more than three (3) years, the BIR is mandated, within the period of sixty (60) days from the date of filing of the expropriation case, to conduct a zonal valuation of the area, based on the land classification done by the city or municipal assessor.

(d) With reference to subparagraph (a)( 1) of this section, in case the completion of a government infrastructure project is of utmost urgency and importance, and there is no land classification or no existing zonal valuation of the area concerned or the zonal valuation has been in force for more than three (3) years, the implementing agency shall use the BIR zonal value and land classification of similar lands within the adjacent vicinity as the basis for the valuation.

(e) In any of the cases in subparagraphs (a) to (d) of this section, upon its receipt of the writ of possession issued by the court, the implementing agency may take possession of the property and start the implementation of the project.

(f) In the event that the owner of the property contests the implementing agency’s proffered value, the court shall determine the just compensation to be paid the owner within sixty (60) days from the date of filing of the expropriation case. When the decision of the court becomes final and executory, the implementing agency shall pay the owner the difference between the amount already paid and the just compensation as determined by the court.

(g) With regard to the taxes and fees relative to the transfer of title of the property to the Republic of the Philippines through expropriation proceedings, the implementing agency shall pay the documentary stamp tax, transfer tax and registration fees, while the owner shall pay the capital gains tax and any unpaid real property tax.

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 14234
    • View Profile
    • The ADROTH Project
Re: Road-right-of-way issues with Mindanao Railway
« Reply #14 on: January 13, 2020, 10:34:44 PM »
Partial operations of Mindanao rail to start within Q2
January 13, 2020 | 12:11 am   
PEXELS_BRETT SAYLES

https://www.bworldonline.com/partial-operations-of-mindanao-rail-to-start-within-q2/

THE Mindanao Railway Project’s Tagum-Davao segment has been set an operational target date of the second quarter, the Department of Transportation (DoTr) said.

“Partial operations are targeted by the second quarter of 2020 for the Tagum-Davao line,” the DoTr said in its annual report obtained by BusinessWorld last week.

Transportation Secretary Arthur P. Tugade confirmed this in a chance interview on Jan. 8.

“Pero marami pa tayong problema d’yan. Siyempre maraming ayaw dumaan ‘yung tren sa bahay nila (there are still many problems with the system, including many people who do not want the train near their homes),” he said.

Asked about the status of the right-of-way acquisition for the project, he said: “Hindi ko masabi ‘yung extent pero inaasikaso na ngayon ‘yan (I can’t give an estimate but we are working on it).”

< Edited >