LEGAL FRAMEWORK

LEGAL FRAMEWORK FOR THE FINANCIAL COMPENSATION, RESETTLEMENT AND RELOCATION OF THE PROJECT AFFECTED PERSONS OF THE CLARK GREEN CITY PROJECT

1987 CONSTITUTIONArticle 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 REGULATIONSRepublic Act 7227 The BCDA CharterPD 163 s. 1993 Provides for BCDA to have the authority to determine utilization and disposition of the CSEZ propertyRepublic Act 6389 Agricultural Land Reform CodeDAR Schedules for crops and treesDPWH 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 applicableCivil CodeRepublic Act 8371 - Indigenous People's Rights Act (IPRA) Law

JURISPRUDENCE AND PRECEDENTSCapas ShrineHousing ProjectsTo be re-evaluated and reviewed