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LEGAL FRAMEWORK

FOR THE FINANCIAL COMPENSATION, RESETTLEMENT AND RELOCATION OF


THE PROJECT AFFECTED PERSONS OF THE CLARK GREEN CITY PROJECT

1987 CONSTITUTION

Article II, Section 10: The State shall promote social justice in all phases of
development.

Article II, Section 11: The State values the dignity of every human person and
guarantees full respect for human rights.

Article III, Section 9: Private property shall not be taken for public use without just
compensation.

Article III, Section 11: Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty.

Article XIII, Section 10: Urban or rural poor dwellers shall not be evicted nor their
dwellings demolished, except in accordance with the law and in a just humane
manner. No resettlement of urban or rural dwellers shall be undertaken without
adequate consultation with them and the communities where they are to be
relocated.

SPECIAL LAWS and IMPLEMENTING


REGULATIONS

Republic Act 7227 The BCDA Charter

PD 163 s. 1993 Provides for BCDA to have the authority to determine


utilization and disposition of the CSEZ property

Republic Act 6389 Agricultural Land Reform Code

DAR Schedules for crops and trees

DPWH Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples


Policy (LARRIPP)

Republic Act 7279 - Urban Development and Housing Act of 1992 for standards
on resettlement and relocation; as well as eviction, if applicable

Civil Code

Republic Act 8371 - Indigenous People's Rights Act (IPRA) Law

JURISPRUDENCE AND PRECEDENTS

Capas Shrine

Housing Projects

To be re-evaluated and reviewed