DPWH - ISO - QUALITY MANAGEMENT SYSTEM

Title/ Description:
DPWH CY 2018 Infrastructure Project, 18F00071 – 003 – Construction of By-Pass and Diversion Roads:
Juban – Bulan Diversion (Bulan Section), Sorsogon

Date: Started: Adjourned: Venue:

Barangay M. Roxas, Bulan,

August 17, 2018 9:00 AM 10:31 AM
Sorsogon

Meeting Presider:
Mrs. Leonora Bautista
Meeting Attended by:
Please see attached attendance
Absent from meeting:
DENR Representatives
LGU representatives
Agenda:
1. Technical aspect
2. Legal aspect
3. Open forum
4. Other matters

TOPIC/DISCUSSION/ACTION ITEM
Residents of Brgy. M. Roxas gathered for the dissemination of information regarding the implementation
of the above-mentioned project. The team representing the DPWH Region V, which was composed of
Engr. Bernando Orobia and Engr. Mark Elbert Mongo, as well as other agencies involved was introduced.

Barangay Captain Ferdinand G. Golpo also gave his message to the residents involved. He mentioned that
the project that is the subject of the said meeting is also for their own benefit. He also explained that this
project is needed by our government and hopeful that they would have an agreement regarding the
implementation of the said project.

Agenda Item No. 1 Technical aspect

Engr. Mark Mongo explained the technical aspect for the said project.
“The existing road of 2.5 meters will be widened to 3.35 meters. The reason is that the diversion road will
also serve as a national road and will be already passable by heavy vehicles.”

There will be a base course measuring 1.5 meters.

The typical section will cover/measure 4.85 meters from the centerline. However, the existing centerline
will not be the one to be followed since it does not meet the standard of the DPWH. There will be also a
construction of covered line canal. All in all the project will cover 6.72 meters from the centerline.

Mr. Amoroso Gumabao discussed the technical aspect of the proposed road widening project. He said
that this project was conceptualized in coordination with the Department of Tourism. He also explained
that this project is included in the GAA 2018 which has appropriated funds.

Mr. Gumabao then proceed to discuss where the proposed widening project will start and up to which
station it will end. He mentioned in the consultation meeting in Barangay Tariric that the existing road is
in a standard classification which has a thin layer that can easily be damaged.

Agenda Item No. 2 Legal aspect

Engr. Bernie Orobia explained the other detail prior to the implementation of the project.
He first explained that the Duterte administration has the “Build Build Build” program and that the said
project to be implemented in their Barangay is part of this program. He explained that the office is
currently on the process of acquiring the 20-meter ROW for the national road even though the project to
be implemented has does not maximize the said limit.
Engr. Orobia also explained the benefits of the said project. Since what will be built is a diversion road,
the travel time will be shortened. “Those vehicles travelling from Ticao going to Juban can pass by the
Diversion road,” he said. The transfer of goods will be faster. He further added that the design of the
project is also much safer to be utilized. Another benefit is that the price cost of their land will increase
aside from the fact that they will be given compensation for their lot affected by the road widening.

Engr. Orobia explained that, “The government exercises of eminent domain to take a private property
with an equal payment of just compensation to the affected person. There shall be a just compensation
provided that the affected person can produce legal documents as evidence of ownership.”

As to the payment of affected house, 20% of the property is affected. However, even if the portion
affected is 20% or less but the house affected is not anymore viable then the compensation to be payed
shall be for the price of the whole structure. The mode of payment for the affected lot is different for the
compensation to be payed is only up to the portion affected.

He then proceed to discuss the three (3) modes of acquisition by the government for the road right-of-
way. The first is through the mode of donation. A deed of donation shall be prepared once the project
affected person decided to donate its property without any condition in return. He explained that, “this
is seldom practiced by the PAPS. Some would execute a deed of donation if only a small portion of their
property is affected and doesn’t want to go through long process.”

Second is through negotiated sale wherein the land will be bought by the government from a private
person. All affected properties including the crops and trees therein will be given compensation. Their
affected properties will be estimated and the compensation to be given will be determined. The
compensation that will be given shall be based on the current market value of the land which is usually
the zonal value or the value declared in the tax declaration, whichever is higher. He further explained that
the amount of compensation they will be receiving shall depend upon the land title they have.
He also explained that a land which has a land title that is a pre-patent or has CA 141 is a public land.
These public lands were given for free but attached with certain conditions. Engr. Orobia explained that,
“If the land was acquired before January 7, 1975 it shall further be subject to a right-of-way not exceeding
twenty (20) meters. The government may only acquire once even if the 20-meter right-of-way was not
maximized. If they the government will acquire for the second time for the same PAP then the
compensation that will be payed to them shall include the payment for the affected portion of the lot.
However, if it was acquired on or after January 7, 1975 then the land shall further be subject to a right-of-
way not exceeding sixty (60) meters.” He further explained that they will only receive payment for the
improvements and structures. However, if they possess a private land title then they will receive
compensation for the land, as well as the trees and improvements.

Engr. Orobia also explained that if after 5 (five) years of acquisition the recipient sold that land to another
person; the buyer will be the one to receive the compensation for both the affected lot and structure.
However, if it was transferred through donation then the same rule shall apply wherein only the
compensation for the affected structures will be given.

If their land is not yet subdivided the one who possess the mother land title is the one entitled to receive
the compensation. The PAP may also execute a waiver from the land owner or they may execute a judicial
settlement. If the owner of the lot is abroad then the PAP may ask for a special power of attorney.

The last is through expropriation. If the property owner refuses or fails to accept the price offer or failed
to submit the necessary documents then the Implementing Agency, through the solicitor general initiate
expropriation proceedings by filing a verified complaint before a proper court. After a few days, a writ of
possession shall be issued and will be enforce through police power. The PAP will receive lesser
compensation. In this process the computation or the basis of the payment is only the zonal value and the
PAP will be the one to pay the Capital Gains Tax unlike in negotiated sale wherein the appraiser determines
the prevailing price and the economic situation of the PAP.

He also explained to the residents that this consultation meeting they are conducting is one of the
requirements of the DENR. The residents shall have no objection to the proposed widening project. Engr.
Orobia assured that for every tree that will be cut, 100 seedlings or saplings shall be replaced and shall be
planted on the designated place by the DENR. It shall be maintained by the office for 3 years with a survival
ration of 85%.

Engr. Mongo also added that all trees and crops that are in the road right-of-way, even though they have
been planted by any private individuals, are owned by the government. The DENR shall have the
jurisdiction over it. The DepEd shall be the first beneficiary of the cut trees. They may also request for it
supported by estimate and quantity that they will use.

Engr. Mongo also discussed the Department Order No. 73 series of 2014 which is about the prohibited
use within the right-of-way on national roads.

Agenda Item No. 3 Open forum

A Barangay Kagawad asked if who will apply for the cutting of the affected coconut palms with the PCA. \

Silver Rodellio
Engr. Orobia clarified that the office will apply for tree cutting permit if it is project related.

A female attendee (Jacinta) inquired if her house will be affected by the widening project. Engr. Orobia
explained that it is yet to be determined when the office will have the final validation. He explained that
what they have conducted was an initial validation. He assured the PAPs that before the construction the
office will be coordinating through the Barangay Captain and at the same time they will be getting the
exact measurement of the area affected by the project. Engr. Mongo explained that the house of the
female attendee will be partially affected since it is a portion where a line canal will be constructed.

The same female attendee asked if what would be the remedy if the comfort room of their house will be
affected. Engr. Mongo said that if that would be the situation then the owner who must find another way
for their comfort room to be reconstructed.

Silver Redillo asked if the tax declaration they would present is already paid with the assessors’ office. He
asked if they cannot claim the compensation if they haven’t fully paid their taxes yet. Engr. Orobia affirmed
that their taxes shall be already fully paid. However, there are also instances wherein as a way of
consideration then their unpaid taxes will be deducted from the compensation to be given. He added that
the priority would still be those with fully paid taxes.

The same male attendee asked if they can cut the mahogany trees within their property. Engr. Orobia said
that they may request for the cutting of the mahogany trees with the DENR since it is within their private
property. The owner would still have to comply with the requirements of the DENR since it is prohibited
to cut trees even if it is within a private property.

A male attendee asked if what can they do (to receive compensation) since most of the properties in their
Barangay was acquired through deed of sale. Engr. Orobia said that they should coordinate with the
person who holds the mother land title. They can request for a “power of attorney” or execute a waiver
in favor of the PAP. Engr. Orobia clarified that a deed of sale or a tax declaration is not a proof of
ownership.

Engr. Orobia added that the payment for the structures or improvements can be already processed
provided that they present a certification that they have been a resident of the barangay for a long period
of time.

Ms. Jacinta asked if what about the situation where the owner of the property is already deaceased. Engr.
Mongo said that they can negotiate with the owner’s heirs.

Mr. Redillio is concerned about the spillway that might be covered by the Juban-Bulan Diversion Project.
He said that the fund for the spillway project (by the District Engineering Office) will be put to waste if this
spillway will be just demolished. He also asked if the construction of the spillway can be suspended if it
will just be affected by the construction of the diversion road. Engr. Orobia explained that this portion was
not yet checked since it is not yet covered by the project for this 2018. He also said that they will be
relaying the concern to the office.
The male attendee also said that there is no signboard that has the information of the project being
constructed. The representative of the contractor explained that they are required to put one with full
details about the project. However, since the construction hasn’t started yet, they do not put up a
signboard because it is just being destroyed by some of the residents.

Female attendee asked if when will the construction of the said project start. Engr. Orobia said that it can
already proceed if the requirements prior the implementation has already been complied by the office.
Engr. Mongo added that the Notice to Proceed (NTP) was last month (July) however there is still a problem
with the Right-of-Way of the project. He also explained that before the construction starts, a
representative of the contractor will have them sign the “Permit to Enter”.

Male attendee had a concern about who will claim the compensation since there is already a person
claiming the ownership of the lot where his property is built. That certain person named Tony conducted
a survey which showed that the lot where male attendees house was built is now part of the former’s
property boudery. Engr. Mongo explained that in connection with the implementation of the project, the
office has conducted their own parcellary survey to determine the exact measurement of the affected
property and the office also know who the real owner of the lot is. Engr. Orobia added that when a person
conducts a survey of his/her property then his/her neighbor shall also be informed so that there will be
no further problems or dispute. He said that the surveyors of the office do their own research in
coordination with the LRA or the Registry of Deeds and other agencies involved.

The Barngay Captain also explained to the residents that it is a project of the government and they would
have to really make sacrifices for the good of the majority.

A female attendee wanted to clarify if what is the exact measurement of the construction from the
centerline. Engr. Mongo clarified that the design does not follow the existing centerline. One of the
reasons is that there is a part where there is an irrigation on the right side, so the construction of the road
will have to take other side. Engr. Orobia added that those whose names were asked during the initial
survey will most probably be affected.

Adjournment There being no matter to discuss, the meeting was adjourned at 10:31 AM.

Review and Confirmation:

Prepared by: Reviewed by: Approved by: