41076-048: Improving Growth Corridors in Mindanao Road ......TCT Transfer Certificate of Title UPMO...

This information is being disclosed to the public in accordance with ADB’s Access to Information Policy.

Classification: PUBLIC

Resettlement and Indigenous Peoples Plan ______________________________________________ September 2020

PHI: Improving Growth Corridors in Mindanao Road Sector Project PR08: Roseller Tarroza Lim - R.T. Lim-Siocon Road

Prepared by Department of Public Works and Highways for the Asian Development Bank.

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Currency Equivalents (As of 24 September 2020)

Currency unit – peso (PhP)

PhP1.00 = $ 0.02059 $ 1.00 = P48.560

Abbreviations

AD Ancestral Domain

ADB Asian Development Bank

AH Affected Household

AP Affected Person

BIR Bureau of Internal Revenue

CADT Certificate of Ancestral Domain Title

CCA Community Consultative Assembly

CALT Community of Ancestral Land Title

CLOA Certificate of Land Ownership Award

CAP Corrective Action Plan

COI Corridor of Impact

DEO District Engineering Office

DPWH Department of Public Works and Highways

DMS Detailed Measurement Survey

DDR Due Diligence Report

EA Executing Agency

EMA External Monitoring- Agents

EO Executive Order

ESSD Environmental and Social Safeguards Division

FBI Field based investigation

FPIC Free and Prior Informed Consent

GOP Government of the Philippines

GRM Grievance Redress Mechanism

IGCMRSP Improving Growth Corridors in Mindanao Road Sector Project

IMA Internal Monitoring Agent

IOL Inventory of Loss

IP/ICC Indigenous People/Indigenous Cultural Community IPP Indigenous People Plan

IPRA Indigenous People’s Rights Act

LA Land Acquisition

LARRIPP Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (DPWH, 2007)

LGU Local Government Unit

LRP Livelihood Restoration Program

NCIP National Commission on Indigenous Peoples

NEDA National Economic and Development Authority

NGO Non-Government Organization

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PhP Philippine Peso PIB Project Information Booklet

PPTA Project Preparatory Technical Assistance

RA Republic Act

RCS Replacement Cost Study

RIC Resettlement Implementation Committee

RIPF Resettlement and Indigenous Peoples Framework RIPP Resettlement and Indigenous Peoples Plan

ROW Right-of-Way

RP Resettlement Plan

SA Social Assessment

SES Socioeconomic Survey

SIA Social Impact Assessment

SPS Safeguard Policy Statement

TCT Transfer Certificate of Title

UPMO Unified Project Management Office

USD United States Dollar

Note

In this report, “$ refers to US Dollars

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Definition of Terms Affected persons/ Households (APs/AHs)

Refers to any person or persons, customary or local (APs)/ Community/ community, private or public institution who are displaced (physical or economic) as result of temporary impacts during construction, restriction on land use or on access to legally designated parks and protected areas. The affected community/ households/ persons are those who utilize, control, or possess the affected land or non-land objects.

Ancestral domain Refers to all areas generally belonging to Indigenous Cultural Communities (ICCs)/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/lPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social, and cultural welfare. It includes land, forests, pasture, residential, agricultural, and other lands individually owned whether inalienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/lPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/lPs who are still nomadic and/or who practice shifting cultivation. As clarified in. Section 4 of R.A. 8371, ancestral domains cover not only the physical environment but the total environment including the spiritual and cultural bonds to the area which the ICCs/lPs possess, occupy and use to which they have claims of ownership.

Ancestral lands Refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/lPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, widen farms and tree lots.

Community-owned structure

These may include a wide range of facilities, such as places of worship, community-operated schools, bathing and washing places, community centers, fishponds, and wells (ADB IR Source Book, 2012).

Compensation Payment in cash or in kind (e.g. land-for-land) to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market value, and any transaction costs such as administrative charges, taxes, registration and titling costs. In the absence of functioning markets, a compensation structure is required that enables affected people to restore their livelihoods to level at least

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equivalent to those maintained at the time of dispossession, displacement, or restricted access.

Certification Precondition

It is a document issued by the NCIP attesting that the applicant or project proponent has complied with the requirements for securing the affected ICCs/IPs accordance to the Revised Guidelines on Free, Prior and Informed Consent and Related Processes of 2012. The CCA is part of the FPIC process convened for consultative assembly presenting the project to the IP community. The participants to the CCA are the elders or leaders of the IP community; the representatives of IP households/ families within the area affected; the representatives of the applicant or the project proponent/s; the FPIC team constituted by the National Commission on Indigenous People (NCIP); and the representatives of development Non-Government Organization. Persons not covered at the time of census-taking will not be eligible for claims of compensation entitlements.

Displaced Persons (DPs)

In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas (ADB IR Source Book, 2012).

Economic displacement

Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Eligibility Refers to any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised. such as transaction costs, interest, on loss of residual land, loss of income sources or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance.

Entitlement A range of measures comprising compensation, livelihood restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the AHs, depending on the type and severity of their losses, to restore their economic and social base.

Free and Prior Informed Consent (FPIC)

Under IPRA, refers to the consensus of all members of the ICCs/lPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community.

Field-based It refers to the ground investigation to determine if the plan, program, project,

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investigation or activity overlaps with or affects an ancestral domain, the extent of the affected area, and the ICCs/lPs whose FPIC is to be obtained.

Livelihood restoration

This involves re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012).

Inconvenience allowance

It is the compensation amount given to each AP who holds full title to or a legalizable tax declaration over the land and structures severely affected by the project, and who consequently must move elsewhere.

Indigenous peoples/ indigenous cultural communities (IPs/ICCs)

Refer to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/lPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions or cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.

Inventory of Loss (IOL)

The listing of assets as a preliminary record of affected or lost assets during the preparation of the RIPP where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the Subproject boundaries are identified, measured, their owners identified, and their exact location pinpointed. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the APs are likewise determined.

Involuntary Resettlement

Refers to physical and economic displacement as a result of (i) resettlement involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Such displacement can be full or partial, permanent or temporary. When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation (ADB IR Source Book, 2012).

Land acquisition It is the process of acquiring land from the current owners pursuant to the provisions of RA 10752 modes of acquisition, i.e., Donation, Negotiated

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Sale, Expropriation, Acquisition of Properties under Commonwealth Act (CA) NO. 141, Exchange of Barter, Easement of Right-of-way, Acquisition of Subsurface Right-of-way and other modes authorized by Law.

Marginally affected The impact is only partial, and the remaining portion of the person property or asset is still viable for continued use.

Meaningful consultation

A process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Memorandum of Agreement

It refers to the document signed by the project proponent, affected IPs, and/or the NCIP and other relevant parties embodying the terms and conditions agreed upon to ensure, among others, that Indigenous Peoples affected by the project receive culturally appropriate social and economic benefits. It also specifies ways that the identified adverse effects are avoided, minimized, mitigated, or compensated. The MOA serves as the IP Action Plan for affected IPs living in ancestral domain and IPs resettled in lands of the public domain due to · previous government projects/policies and involuntary displacement because of war and natural calamities. e.g. resettlement, process of conducting FBI, issuance of Certification Precondition (CP), and conduct of FPIC.

Memorandum of Understanding

It refers to the document signed by DPWH, the concerned local government unit, NCIP Provincial or Regional Office governing their relationship regarding aspects of the project, e.g. creating resettlement committee for the implementation of RIPP.

Professional squatters

Persons who have previously been awarded home lots or housing units by the government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area; to non-bona fide occupants; and to intruders of lands reserved for socialized housing. The term also refers to individuals or groups who occupy lands without the expressed consent of the landowner and who have sufficient income for legitimate housing. This definition excludes individuals or groups who simply rent land and housing from professional squatters or squatting syndicates.

Rehabilitation Assistance provided to project APs (especially the vulnerable) due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.

Relocation The physical displacement of an AP from her/his pre-project place of residence and/or business.

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This resettlement and indigenous peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development

Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Replacement cost Refers to the cost necessary to replace the structure or improvement

affected by a ROW with a similar asset based on current market prices, i.e., with no deduction for depreciation or damage of the original asset (DPWH DRAM, 2017).

Resettlement and Indigenous Peoples Plan (RIPP)

The social safeguard document that contains the policies and guidelines and time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation.

Severely affected persons

Those APs with 10% or more of the total property affected (agricultural land/commercial structures) with productive asset loss or where less than 10% loss but the remaining property become economically unviable. Those APs with 20% and above loss of the total property affected (agricultural land/commercial structures) or where less than 20% loss but the remaining property become economically unviable.

Vulnerable groups

Distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement and specifically include: (i) households headed by women with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support; (v) landless households; (vi) indigenous peoples or ethnic minorities.



Table of Contents

EXECUTIVE SUMMARY ............................................................................................................ 5

I. PROJECT DESCRIPTION ................................................................................................. 11

A. BACKGROUND ................................................................................................................................... 11 B. DESCRIPTION OF THE SUB-PROJECT ................................................................................................... 11 C. CIVIL WORKS TO BE CONDUCTED ....................................................................................................... 12 D. MEASURES ADOPTED TO MINIMIZE INVOLUNTARY RESETTLEMENT IMPACTS ......................................... 12 E. ANTICIPATED SOCIAL SAFEGUARD IMPACTS ........................................................................................ 13

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ............................................... 14

A. METHODOLOGY OF THE SURVEYS ...................................................................................................... 14 B. SUMMARY OF PROJECT IMPACTS ........................................................................................................ 14

1. Impact on land ............................................................................................................................... 17 2. Impacts on structures ................................................................................................................... 18 3. Impacts on trees and crops ......................................................................................................... 22 4. Impacts on income/ business ...................................................................................................... 23 5. Vulnerable Households ................................................................................................................ 24 6. Indigenous Peoples ...................................................................................................................... 24 7. Temporary impacts at construction ............................................................................................ 25

III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ........................................ .. 26

A. BACKGROUND ................................................................................................................................... 26 1. Provincial Profile ........................................................................................................................... 26 2. Indigenous Peoples of the Project Area .................................................................................... 27

B. MUNICIPALITIES AND THE AFFECTED VILLAGES .................................................................................... 28 C. THE AFFECTED HOUSEHOLDS ............................................................................................................ 29

1. Socio-demographic and Economic Characteristics ................................................................. 29 2. Ownership of Land and Structure ............................................................................................... 31 3. Quality of Life................................................................................................................................. 31 4. Perception of the Project Impacts .............................................................................................. 32 5. Gender ............................................................................................................................................ 32

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ................................................ 34

A. CONSULTATION AND PARTICIPATION AT PLANNING STAGE ................................................................... 34 1. CONSULTATIONS CONDUCTED AT PREPARATION OF DRAFT RIPP ........................................................ 34 2. CONSULTATIONS CONDUCTED AT PREPARATION OF UPDATED RIPP .................................................... 37 3. IP CONSULTATION ............................................................................................................................. 38 B. DISCLOSURE ..................................................................................................................................... 39 C. CONSULTATION, DISCLOSURE AND INFORMATION DISSEMINATION DURING RIPP IMPLEMENTATION ....... 40

V. GRIEVANCE REDRESS MECHANISM ............................................................................. 43

VI. LEGAL AND POLICY FRAMEWORK ............................................................................... 45

A. RELEVANT LAWS AND REGULATION IN THE PHILIPPINES ....................................................................... 45 1. Involuntary Resettlement ............................................................................................................. 45 2. Indigenous People ........................................................................................................................ 49 3. Other Laws and Guidelines ......................................................................................................... 50

B. ADB POLICIES .................................................................................................................................. 51 C. GAP ANALYSIS AND PROJECT PRINCIPLES .......................................................................................... 55 D. SOCIAL SAFEGUARDS POLICY PRINCIPLES FOR THE PROJECT ............................................................. 59

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VII. COMPENSATION AND OTHER ENTITLEMENTS ............................................................ 61

A. AFFECTED PERSONS AND ELIGIBILITIES .............................................................................................. 61 B. COMPENSATION AND ENTITLEMENTS .................................................................................................. 62

VIII. RELOCATION STRATEGY ............................................................................................... 68

A. OVERVIEW OF RELOCATING HOUSEHOLDS .......................................................................................... 68 B. RELOCATION PLOTS .......................................................................................................................... 68 C. RESETTLEMENT PLOTS DESCRIPTION AND DEVELOPMENT NEEDS ....................................................... 69 D. IMPLEMENTATION ARRANGEMENTS ..................................................................................................... 70 E. RESETTLEMENT SITES DEVELOPMENT SCHEDULE ............................................................................... 71

IX. LIVELIHOOD RESTORATION .......................................................................................... 72

A. LRP ELIGIBILITY AND STRATEGY ........................................................................................................ 72 B. LIVELIHOOD RESTORATION STUDY ..................................................................................................... 73 C. AVAILABLE PROGRAMS AND SUPPORT IN THE PROJECT AREA .............................................................. 74 D. DESCRIPTION OF LRP PROGRAM ACTIVITIES ...................................................................................... 74 E. LRP MANAGEMENT AND IMPLEMENTATION .......................................................................................... 75 F. LRP COST ESTIMATES ...................................................................................................................... 76 G. LRP IMPLEMENTATION SCHEDULE ...................................................................................................... 76 H. MONITORING AND EVALUATION .......................................................................................................... 76

X. RIPP BUDGET .................................................................................................................. 78

XI. INSTITUTIONAL ARRANGEMENTS ................................................................................ 80

XII. MONITORING AND EVALUATION ................................................................................... 84

A. MONITORING ARRANGEMENTS ........................................................................................................... 84 B. INTERNAL MONITORING ...................................................................................................................... 84 C. EXTERNAL MONITORING .................................................................................................................... 87 D. REPORTING AND DISCLOSURE ............................................................................................................ 90

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List of Tables

Table 2: Ancestral Lands in Project Sites ................................................................................................... 15 Table 3: Subproject Summary of Impacts ................................................................................................... 16 Table 4: Project Components Requiring Land Acquisition and Areas to be Affected ................................ 17 Table 5: Bridge approaches requiring land acquisition ............................................................................... 18 Table 6: Loss of Land .................................................................................................................................. 18 Table 7: Loss of Structures ......................................................................................................................... 18 Table 8: Loss of Residential Structures ...................................................................................................... 19 Table 9: Loss of Residential-Commercial Structures .................................................................................. 19 Table 10: Land Tenure Status of Residential and Residential-Commercial Structures ............................. 20 Table 11: Loss of Commercial Structures ................................................................................................... 20 Table 12: Loss of Affected Secondary Structures by Use .......................................................................... 21 Table 13: Affected Community Structures .................................................................................................. 21 Table 14: Types of Community Structures .................................................................................................. 22 Table 15: Loss of Crops .............................................................................................................................. 22 Table 16: Loss of Trees .............................................................................................................................. 23 Table 17: Impact on Business ..................................................................................................................... 23 Table 18: Loss of Business Income ............................................................................................................ 24 Table 19: Vulnerability of AHs ..................................................................................................................... 24 Table 20: Provincial 2015 Statistic by Affected Municipality Unit ............................................................... 26 Table 21: Poverty Thresholds in Affected Provinces: PSA 2015 and 2018, Rural Areas .......................... 27 Table 22: 2015 Population of Affected Municipalities by Affected Barangay ............................................. 28 Table 23: IP and Non-IP Households ......................................................................................................... 30 Table 24: 2015 Population of Affected Municipalities by Affected Barangay ............................................ 34 Table 25: Summary of Issues and Concerns During Consultations .......................................................... 35 Table 26: Issues and Concerns raised by APs during the Disclosure meetings ........................................ 38 Table 27: Roles and Responsibilities for Consultation and Participation ................................................... 40 Table 28: Involuntary Resettlement Gap- Equivalence Analysis ................................................................ 57 Table 29: Indigenous Peoples Gap- Equivalence Analysis ........................................................................ 59 Table 30: Compensation and Entitlement Matrix ........................................................................................ 62 Table 31: Categories of AHs with Fully Affected Houses ........................................................................... 68 Table 32: Land Area to be Awarded to the relocating APs ......................................................................... 68 Table 33: Description Development of Relocation Plots ............................................................................. 69 Table 34: Site Development Cost Estimates .............................................................................................. 70 Table 35: Schedule to Develop Resettlement Sites ................................................................................... 71 Table 36: LRP Beneficiaries........................................................................................................................ 72 Table 37: Planned Income Source after Relocation ................................................................................... 73 Table 38: Interest in Vocational Training .................................................................................................... 73 Table 39: Roles and Responsibilites for LRP Implementation .................................................................... 75 Table 40: Cost Estimates for Livelihood Restoration Program ................................................................... 76 Table 41: LRP Implementation Schedule ................................................................................................... 76 Table 42: Budget for RIPP Implementation ................................................................................................ 78 Table 43: Implementation Schedule ........................................................................................................... 83 Table 44: Suggested Internal Monitoring Indicators ................................................................................... 85

List of Figures

Figure 1: PR08 Sub-project Location ......................................................................................... 12 Figure 2: Barangay Candiz and Barangay Kilalaban relocation sites ......................................................... 69

List of Appendices

Appendix 1: Scope of Works for Tendering of Non-Core Appendix 2: DPWH Letter for 20m ROW Limit Appendix 3: DPWH Validated Entitlements for Land, Structures, Crops and Trees within 20m ROW Limit Appendix 4(1): Samples of Barangay Resolution

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Appendix 4 (2): Samples of Barangay Resolutions Appendix 5: Certificate of Certification Precondition or Certificate of Non-Overlap Appendix 6: Results of Socio-economic Survey Appendix 7: Documentation of First Consultation Meetings: Draft RIPP Preparation Appendix 8: Documentation of Second Consultation Meetings: Draft RIPP Preparation Appendix 9: Minutes of DPWH Validation and Disclosure Activity Appendix 10: FBI Report on PR-08: Roseller Tarroza Lim – R.T. Lim-Siocon Road Appendix 11: PIB in Local Language Appendix 12: Resolution Prescribing the Cost of Transportation Allowance Appendix 13: List of LRP Eligible Ahs Appendix 14: MOUs in the Creation of Resettlement Implementation Committees Appendix 15: Draft Template of Semi-annual Monitoring Report

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EXECUTIVE SUMMARY 1. Background. The Republic of the Philippines has requested the Asian Development Bank (ADB) to finance the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) that has an overarching objective for Region IX to become the Agri-Fisheries Southern Corridor of the Philippines, as part of the Brunei Indonesia Malaysia and the Philippines – East ASEAN Growth Area (BIMP-EAGA). This is a sector project for Mindanao with 9 sub-projects (3 core and 6 non-core sub-projects). With the DPWH as the executing agency (EA), the project is aligned with the impact of strengthened economic and physical linkages in Mindanao that ensures benefits of economic development are shared by all sectors of society. The project outcome will be efficiency and safety of selected sections of the road transport network in Mindanao improved. The following outputs are envisaged; (i) Selected sections of road transport network in Mindanao improved, (ii) Detailed engineering design for improvement of roads in other projects completed, and (iii) Institutional capacity of DPWH in multi-year planning, fiscal accountability, and human resource management strengthened. 2. Description of the sub-project. The road influence covers the three municipalities of Baliguian, Roseller tarroza Lim (R.T. Lim) and Siocon. PR08 has a gross length of 64,124.34m. This RIPP covers the upgrading of a section of PR08 totalling 24,519.05m. The road project will follow the existing road alignment, existing width of which is 3.5m. The typical cross section of road upgrade consists of 6.7m carriageway and 1.5m shoulders. The major items of work include (i) Construction of 24,519.05m by 6.70m wide PCC pavement (carriageway) with 1.5m paved shoulders on both sides; (ii) Construction of three (3) PCDG bridges with a total length of 207.62 linear meters; (iii) Construction/improvement of drainage and slope protection structures; and (iv) Construction of miscellaneous structures. DPWH will create a new 20m road right of way in the improved road section. 3. Anticipated social safeguard impacts. The above civil works will entail land acquisition that will trigger physical and economic displacement. Specifically, anticipated impacts of the Project will be (i) permanent loss of land along the 20-m ROW, (ii) loss/damage to structures and improvements, (iii) loss of crops and trees, (iv) loss of income/business, (v) increased vulnerability, and (vi) temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and from work sites is also expected, and (vii) resettlement impacts on the IPs/ ICCs. 4. Methodologies and minimizing IR impacts. Information on land acquisition impacts was obtained through an inventory of loss survey (IOL), census, parcellary survey (cadastral survey), Independent Property Appraiser (IPA) for the values of affected assets, and DPWH validation. The 1st IOL and census was conducted from 23 August – 31 October 2017 based on a 30m road right of way (ROW). To minimize involuntary impacts, DPWH reduced the ROW width limit from 30m to 20m. A supplementary IOL and census adjustment was undertaken on 28 January- 01 February 2019 and on 09-13 December 2019 to revise the land acquisition data due to the revised ROW width. 5. Summary of Project Impacts. A total of 197 affected households (AHs) with 887 members and 10 entities (public/government and private) will be affected by the acquisition of 490,381 m2 of land (equivalent to 8 parcels) located in five barangays in the municipalities of R.T. Lim, Province of Zamboanga Sibugay, Baliguan and Siocon, Province of Zamboanga del Norte. The affected barangay in Baliguian is Kilalaban, while affected barangay in R.T. Lim is San Fernandino and the three affected barangays in Siocon are: Candiz, Pisawak and Tabayo.

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6. Records from the National Commission on Indigenous Peoples (NCIP) Region IX indicate that there are two ancestral domains traversed by the project: (i) a Certificate of Ancestral Domain Title (CADT) awarded in Siocon, and (ii) ongoing CADT application covering RT Lim and Baliguian. CADT processing goes through a delineation procedure that recognize vested and existing property rights and overlapping reservations (i.e. forest and mining). Land covered by titles shall be segregated and excluded from the ADs/ALs. Possessory rights (not titles) of migrants within the AD/AL existing at the time of filing of CADT application, may not be excluded but shall be respected.

7. The project impacts are:

(i) permanent loss of land. Of the 8 affected parcels of land amounting to 490,381m2, 66% is classified as ancestral lands, and 44% is in transition from public to ancestral.

(ii) loss/ damage to structures and improvements. a. A total of 314 affected structures owned by 197 AHs (887 APs). b. 204 affected main structures owned by 184 AHs (828 APs); comprised of:

- 145 residential structures owned by 138 AHs, 137 severely affected (19 structures owned by 19 IPs)

- 29 residential-cum-commercial structures owned by 29 AHs, all severely affected (3 structures owned by 3 IPs

- 30 commercial structures owned by 29 AHs, all severely affected (2 structures owned by IPs)

c. 174 residential and residential cum commercial structures owned by 165 AHs with 164 severely AHs

d. 59 commercial and residential commercial structures owned by 55 AHs, all severely affected

e. 63 affected secondary structures owned by 42 AHs (189 APs). One structure owned by 1 IP

f. 47 affected community structures.

(iii) loss of agri- crops and trees. 2 AHs and 2 affected institutions will lose 6,235m2 of agri-crops and 12 AHs and 2 institutions will lose 26,373 trees.

(iv) loss of income/business. 59 affected businesses, all severely affected, owned by 55 AHs (Five are IP households).

(v) APs losing employment from affected businesses. 11 employees

(vi) relocation. 3 relocating AHs to project resettlement site

(vii) increased vulnerability. 137 AHs deemed vulnerable (109 poor, 23 elderly, 35

female household heads, 1 disabled and 25 IP household heads). This includes 25 IP HHs (15 poor, 4 elderly, 4 FHH and 1 PWD).

(viii) resettlement impacts on IPs/ICCs. 25 AHs are members of indigenous cultural

communities (ICC). All are vulnerable living within recognized ancestral domains.

8. Indigenous Peoples. The NCIP-Field Field-Based Investigation conducted by the NCIP in 2018 for Baliguian and Siocon determined the presence of two claims by the Subanon

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indigenous cultural community (ICC): (i) Claim R09-CADT-SIO-0403-0005 of Barangays Tabayo and Candiz, Municipality of Siocon, Province of Zamboanga del Norte amounting to a total of 8,214 ha that was awarded in 2005, and (ii) a pending CADT application covering 27,600 ha by the the Subanon Tribe in the municipalities of RT Lim, Tungawan, and Baliguian of Zamboanga del Norte; and the Municipality of Titay, Zamboanga Sibugay. The NCIP took note of the potential losses that the ICCs may encounter due to the project. After due consultations, the Council of Leaders/Elders and the IP members of the concerned Municipalities passed a resolution of support and consent duly signed by them in support of the proposed road improvement by the DPWH. To this effect, the NCIP issued the Certification Precondition (CP) on 26 December 2019 (Appendix 5: Certification Precondition) in favour of the project. There are 25 affected IP households, including 25 with severely affected houses and 5 with affected businesses. None of the IP AHs have affected farms. All are considered vulnerable, including poor (12 AHs), female-headed households (4 AHs), elderly (4 AHs) and disabled (1 AH). A Certification Precondition (CP) was issued on 26 December 2019 (Appendix 5: Certification Precondition).

9. Perceptions of AHs on Project Impacts. AHs perceive positive impacts of the project are (i) progress in town/barangay that includes for job generation and business growth and (ii) clean and beautiful environment. Negative impacts cited are (i) loss of residence or reduction of property and (ii) destruction of the environment - includes air pollution, water loss, siltation, and destruction of plants. Majority (96%) of those surveyed expressed support for the projects. 10. Consultation and Participation. There were two public consultation meetings conducted in preparing the draft RIPP. The first consultation was carried out on 11-19 March 2017 prior to the conduct of census, IOL and SES. The second consultation was conducted on 25 April 2019 and 05-07 May 2019 after the completion of appraisal which (1) presented project updates, (2) disclosed revisions to the RIPF and the master list of APs, and (3) formation of Municipal RIC. From 17-18 November 2019, the DPWH RROW team likewise conducted consultation meetings for updating the RIPP. 11. IP Consultations. The Certificate Precondition is a certificate issued by the NCIP stating that the project went through the Free and Prior Informed Consent process (FPIC). Prior to the issuance of the CP, a joint field-base investigation (FBI) and FPIC was conducted by the Ancestral Domains Office of the NCIP to determine whether or not the project or activity overlaps/affects an ancestral domain, its extent and involved IPs whom free prior and informed consent (FPIC) are to be obtained. During the meeting, the council of elders/ leaders proclaimed their decision through consensus. Subsequently, negotiation and finalization of terms and conditions of the Memorandum of Agreement (MOA) was executed as part of the CP. 12. Disclosure. DPWH shall submit the following documents for disclosure on ADB’s website: (i) The Draft RIPP as endorsed by DPWH; (ii) Updated RIPP upon (a) finalization of the DED, (b) completion of valuation report by an independent appraiser, and (c) DPWH validation as endorsed by DPWH; (iii) A new or updated RIPP and corrective action plan prepared during project implementation, if needed; and (iv) Semi-annual monitoring reports. A localized PR08 PIB was produced and disseminated. Disclosure also included the cut-off date, compensation, livelihood and relocation packages, as well as the needed requirements in processing the compensation.

13. Gender participation needs to be promoted across all project communications. Invitation notices to such meetings should indicate the names of both spouses. Attention should be given to the need for separate women’s meetings on critical issues, such as resettlement and livelihood restoration. The level of women’s participation in meetings should be monitored and consideration given to conducting dedicated meetings for women if participation levels are low.

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14. Grievance redress mechanism. A project level GRM was developed to receive and resolve project related concerns, complaints, and grievances. Conflicts within affected IP communities will be addressed within the community itself in the context of its customary law and customary dispute resolution process and mechanisms, in the presence of the relevant staff of the NCIP office with jurisdiction over the area, and if so invited, project-related staff and other stakeholders. 15. ADB’s accountability mechanism (May 2012) applies to the project in that those adversely affected by ADB-financed projects may express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguard policies.

16. Legal framework. This RIPP, under the aegis of DPWH, upholds legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements as embodied in the RIPF. 17. Affected Persons and Eligibilities. Project APs are: (i) Persons with formal legal rights to land and structures lost in its entirety or in part; (ii) Persons who have no formal legal rights to such land and/or structures wholly or in part but who have claims to such lands that are recognized or recognizable under national laws; and (iii) Persons who lost the land they occupy in entirety or in part who have neither legal rights nor recognized or recognizable claims to such land. The cut-off date of eligibility for project entitlements is 23 August 2017 the starting date of the census and the IOL of APs. Persons making claims after the said cut-off date are not eligible for compensation and entitlements. 18. Compensation and Entitlements. Entitlements and compensation are determined according to the nature of the impacts. A range of entitlements is provided in a project entitlement matrix per RIPF that covers compensation for land, structures and other improvements, crops, fruit trees, and perennials. Other forms of entitlements are through transportation allowance or assistance, transitional allowances and resettlement assistance prior to displacement, land clearance and commencement of works in any affected areas. Both spouses heading affected households will jointly be invited when compensation is disbursed. 19. Relocation strategy. There are 164 AHs with affected houses thus: (i) 157 AHs will move back outside the ROW on unaffected residual land that they own or are permitted to use, (ii) 4 AHs will self-relocate to another location using their compensation, and (iii) 3 landless AHs will relocate to resettlement plots to be developed in either Kilalaban or Candiz. LGUs will award the resettlement site plots to eligible APs and DPWH is responsible for site development costs and has overall responsibility for construction quality according to plan. 20. Livelihood restoration program (LRP). Eligible to participate in the LRP are (i) those whose livelihoods or productive resources are severely affected, (ii) those whose living standards are otherwise significantly disrupted by being required to physically relocate, or (iii) who are classified as especially vulnerable. A large number of existing livelihood programs/skills training in three municipalities will be extended to LRP beneficiaries. The main service providers are LGU, DA, DSWD, TESDA and a service provider for entrepreneurial development to be engaged by DPWH. There are 202 affected households who are eligible to participate in the LRP including 164 relocatees, 55 affected business owners, 11 employees, and 137 vulnerable AHs. All 25 affected IP households are eligible for LRP. It is underscored that severely AHs may also be vulnerable similar to vulnerable HH that may possess multiple indicators of vulnerability.

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21. RIPP budget. The budget for PR 08 RIPP implementation is PhP 120,336,742 (approx. 2,366,039 USD) and is part of government counterpart. 22. Institutional arrangements. The DPWH is the EA for the Project. The overall direction and leadership for implementing the RIPP will be exercised by the Secretary, supported by the Undersecretary of UPMO Operations and other members of the Executive Committee (EXECOM) of the DPWH composed of the Undersecretaries and Assistant Secretaries of the Department. The Roads Management Cluster II, Multilateral, Unified Project Management Office, of DPWH is the overall project management unit. Resettlement activities and land acquisition will be carried out in close coordination with the DPWH Planning Service through its ESSD, RO, DEO, LGUs, NCIP, RIC and all other pertinent agencies and instrumentalities of the government to fully address the impacts of involuntary resettlement. 23. Implementation Schedule. Below table summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RIPP.

Activity Responsible

Agency

2020 2021 2022 2023

2q 3q 4q 1q 2q 3q 4q 1q 2q 3q 4q 1q

I. Project Implementation

Start of Construction Contractor 36 months

II. Preparation of RIPP Implementation

Finalization of RIPP DPWH

Review of RIPP ADB

III. Land Acquisition

Notice of Taking Issuance

DPWH

Issuance of Offer Letter

Payments of Compensation and other assistance

Clearance of ROW by PAPs

IV. Relocation

Provision of rental subsidy if housing not ready DPWH

Preparation of individual resettlement plots* LGU

Provision of water services LGU & SP**

Connection of electricity

PAPs construct houses AP

PAPs move in to houses AP

V. Provision of Livelihood Restoration Program

Formation of Committee on LRP DPWH,

LGU, others

Coordination/MOA with agencies on LRP

Implementation of LRP

Monitoring of LRP DPWH

VI. Monitoring of RIPP Implementation

Set up Monitoring Agents DPWH

Internal Monitoring ESSD

External Monitoring EMA * Clearing, levelling, drainage ** SP = Service provider

24. Monitoring and evaluation. There will be two types of monitoring for PR08, the internal and external monitoring. The UPMO in coordination with the ESSD shall establish quarterly monitoring of the RIPP. In turn, UPMO shall report on RIPP Implementation status in their quarterly project progress reports as well as submit a semi-annual monitoring report to ADB. To

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monitor RIPP compliance, the services of an external monitoring agent (EMA) will be procured by DPWH to provide an independent periodic review and assessment. Disclosure of semi-annual monitoring reports will be made upon submission to ADB and uploading to the ADB website. 25. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities.

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I. PROJECT DESCRIPTION A. Background 1. The Republic of the Philippines has requested the Asian Development Bank (ADB) to finance the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) that has an overarching objective for Region IX to become the Agri-Fisheries Southern Corridor of the Philippines, as part of the Brunei Indonesia Malaysia and the Philippines – East ASEAN Growth Area (BIMP-EAGA). Under the Regional Physical Framework Plan (RPFP), the Region is envisioned to become a hub of international trade, with a globally competitive economic and free trade zone. The Plan objectives include: improved physical, economic and social access for people living in less developed areas; increased agricultural production and productivity; and increased industrial production. 2. IGCMRSP will contribute to these overarching objectives through: (i) increased economic growth in Mindanao, by opening and improving national roads; (ii) support for the government’s agenda for Mindanao in the PDP 2017-2022; (iii) support the key objective of ADB’s strategy for the Philippines of helping the country achieve high, inclusive, and sustainable growth; (iv) improve the delivery of infrastructure services as well as investing in physical assets, in line with ADB’s Strategy 2020; (v) support regional cooperation and integration by contributing to the implementation of the ASEAN Highway and BIMP-EAGA Priority Infrastructure Projects; (vi) support ADB’s Sustainable Transport Initiative by addressing climate change and road safety; (vii) contribute to ensuring resilience in road infrastructure development in Mindanao; and (viii) increase DPWH capacity, including in ADB Safeguards and in procurement. 3. This is a sector project for Mindanao with 9 sub-projects (3 core and 6 non-core sub-projects). With the DPWH as EA, the project is aligned with the impact of strengthened economic and physical linkages in Mindanao that ensures benefits of economic development are shared by all sectors of society. The project outcome will be efficiency and safety of selected sections of the road transport network in Mindanao improved. 4. The following outputs are envisaged; (i) Selected sections of road transport network in Mindanao improved, (ii) Detailed engineering design for improvement of roads in other projects completed, and (iii) Institutional capacity of DPWH in multi-year planning, fiscal accountability, and human resource management strengthened. B. Description of the Sub-project 5. The proposed R. T. Lim-Siocon Road (PR08) is one of the nine sub-projects under IGCMRSP and covers the three municipalities of Baliguian and Siocon in the province of Zamboanga del Norte and R.T. Lim in Zambonga Sibugay. R.T. Lim is in Zamboanga Sibugay while Siocon is in Zamboanga del Norte. PR08 is the only link between N1 and N967 of the Western Coastal Highway. It is mostly 4-5m. gravel road with short concrete sections. The proposed pavement width is 6.7m with 1.5m shoulders. 6. There are three (3) PCDG bridges for construction, namely: Kuyan, Mambong and Tabayo. The bridges have a total length of 207.62 linear meters.

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Figure 1: PR08 Sub-project Location

C. Civil Works to be conducted 7. New Portland cement concrete pavement (PCCP) will be laid out for the entire road section. The major items of works include:

(i) Construction of 24, 519.05m by 6.70m wide PCC pavement (carriageway) with 1.5m. paved shoulders on both sides;

(ii) Construction of three (3) PCDG bridges with a total length of 207.62 linear meters; (iii) Construction/improvement of drainage and slope protection structures; and (iv) Construction of miscellaneous structures.

D. Measures Adopted to Minimize Involuntary Resettlement Impacts 8. Resettlement impacts have been minimized by utilizing the existing alignment and minimizing the right –of- way (ROW) width to 20m from the earlier proposed 30m ROW. The standard minimum ROW width for national highways is 20m (Appendix 2: DPWH Letter on 20-

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m ROW Limit). This was subject to consultations with relevant stakeholders during the project preparation and appropriate technical investigation for the project. E. Anticipated Social Safeguard Impacts 9. PR08 will involve road improvements to include widening and slope protection that will require the acquisition of public land. Land acquisition will trigger physical and economic displacement. As such, the IR impacts of the Project will be (i) permanent loss of land along the 20-m ROW, (ii) loss/damage to structures and improvements, (iii) loss of crops and trees, (iv) loss of income/business, (v) increase vulnerability, and (vi) temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and

from work sites is also expected, and (vii) resettlement impacts on the IPs/ ICCs.

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Methodology of the Surveys 10. Information on land acquisition impacts was obtained through an inventory of losses survey (IOL), census and parcellary survey (cadastral survey) and DPWH validation. The IOL and census were initially conducted from 23 August to 31 October 2017 based on a 30m road right of way. The Independent Property Appraiser (IPA) computed for the values of affected assets. DPWH followed with validation activities. To minimize involuntary impacts, DPWH reduced the ROW width limit. A supplementary IOL and census adjustment was undertaken from 28 January to 01 February 2019 and 09-13 December 2019 to revise the land acquisition data due to the adjusted project scope of work based on 20m ROW.

11. Details obtained from the census and IOL contain the names and key information of affected households and enumeration of all assets that are within the scope of the ROW, including productive and residential land, housing structures, business establishments, other miscellaneous non-land assets (secondary structures, trees/crops) as well as impacts on livelihoods. Following the household interview, a tag sticker containing control number, date when the interview was conducted and the name of enumerator – was affixed to the front of the affected structure. A photograph of the household and owner, whenever possible, was also taken. 12. The preliminary and final parcellary survey reports were also used as reference to establish ownership of the affected lots. The ROW Land Data Matrix in Appendix 3: DPWH Validated entitlements for land, structures, crops and trees within 20m ROW limit shows the names of the claimant, lot number, survey number, lot area, affected area, etc.

B. Summary of Project Impacts

13. A total of 197 affected households (AHs) with 887 members and 10 entities (public/ government and private) will be affected by the acquisition of 490,381m2 of land (comprised of 8 parcels) located in five barangays in the municipalities of R.T. Lim, Province of Zamboanga Sibugay and the municipalities of Baliguian, and Siocon, Province of Zamboanga del Norte. The affected barangay in Baliguian is Kilalaban, while affected barangay in R.T. Lim is San Fernandino and the three affected barangays in Siocon are: Candiz, Pisawak and Tabayo. 14. As of January 2020, records from the National Commission on Indigenous Peoples (NCIP) Region IX show that there are two ancestral domains traversed by the project (Table 2): the CADT in Siocon was awarded the IP community in 2005, and the CADT covering RT Lim and Baliguian still pending, currently under process to be awarded a unified Certificate of Ancestral Domain Title (CADT). The process as facilitated by the NCIP along with the IP community goes through delineation procedures that recognize vested and existing property rights referred to in Sec 56 of RA 8371 that include Free Patent, Homestead Patent, Sales Patent, Emancipation Patent, Certificate of Land Ownership, Award and Judicially Decreed Titles and overlapping reservations (i.e. forest and mining)1. There is some overlap of the ancestral domain claims pending final resolution.

1 IPRA Section 56. Existing Property Rights Regimes. — Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and respected.

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Table 1: Ancestral Lands in Project Area

Municipality Ancestral Domain Location

Tribe CADT/ CADC No.

Status Affected Barangays

Gutalac, Baliguian,

Siocon (GBS)

UNIFIED Gutalac Baliguian Siocon (GBS)

Subanen ICC

With AD Application, indicative map

Kilalaban, Baliguian and

Pisawak Siocon

Siocon Barangays of Tabayo and Candiz, Municipality of Siocon, Province of Zamboanga del Norte

Subanen ICC

R09-CADT-SIO-0403-

0005

Approved; Registered & Awarded

Candiz and Tabayo, Siocon

R.T. Lim Brgys Malubal, San Fernandino, J.S Perfecto, San Antonio, Sitio Mutap of Brgy. Siawang, Brgy. Remedios all in the Mun. of RT Lim; Brgy. Little Margos of Mun of Tungawan, Sitio Cuyan, Sitio Mumbong, Butin, Tabingan, Duminatag all of Baliguian, Zamboanga del Norte; Brgys Kubakob, Kipit and Tigbakaka all in the Municipality of Titay, ZSP

Subanen ICC

Direct CADT

application

Pending CADT process

San Fernandino, R.T. Lim only

15. The project impacts are summarized as follows:

(i) permanent loss of land. Of the 8 affected parcels of land amounting to 490,381m2, 323,510m2 is classified as ancestral lands, and 166,871m2 is in transition from public to ancestral domain.

(ii) loss/ damage to structures and improvements. a. A total of 314 affected structures owned by 197 AHs (887 APs). b. 204 affected main structures owned by 184 AHs (828 APs); comprised of:

- 145 residential structures owned by 138 AHs, 137 severely affected (19 structures owned by 19 IPs)

- 29 residential-cum-commercial structures owned by 29 AHs, all severely affected (3 structures owned by 3 IPs)

- 30 commercial structures owned by 29 AHs, all severely affected (2 structures owned by IPs)

c. 174 residential and residential cum commercial structures owned by 165 AHs with 164 severely AHs

d. 59 commercial and residential commercial structures owned by 55 AHs, all severely affected

e. 63 affected secondary structures owned by 42 AHs (189 APs). One structure owned by 1 IP

f. 47 affected community structures. (iii) loss of agri- crops and trees. 2 AHs and 2 affected institutions will lose 6,235m2

of agri-crops and 12 AHs and 2 institutions will lose 26,373 trees.

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(iv) loss of income/business. 59 affected businesses, all severely affected, owned by 55 AHs (Five are IP households)

(v) APs losing employment from affected businesses. 11 employees (vi) relocation. 3 relocating AHs to project resettlement site (vii) increased vulnerability. 137 AHs deemed vulnerable (109 poor, 23 elderly, 35

female household heads, 1 disabled and 25 IP household heads). This includes 25 IP HHs (15 poor, 4 elderly, 4 FHH and 1 PWD)

(viii) resettlement impacts on IPs/ICCs. 25 AHs are members of indigenous cultural communities (ICC). All are vulnerable living within recognized ancestral domains.

16. The summary of impacts is presented in Table 3 below.

Table 2: Subproject Summary of Impacts

Loss Category Unit Quantity

Total affected households HH 197

• Affected persons AP 887

• Affected institutions (public and private) Unit 10

Loss of land m2 490,381

• Total affected parcels of land Unit 8

• Affected public lands (includes transition land being processed as CADT) m2 166,871

▪ Affected parcels of land Unit 3

▪ Affected institution (DENR for forestlands and ICC for ancestral) Unit 2

• Affected Ancestral Domain Land (with CADT) m2 323,510

▪ Affected parcels of land Unit 5

▪ Affected institution/ICC Unit 1

Total loss of structures Unit 314

• AHs by loss of structures HH 197

• APs by loss of structures APs 887

• Institutions by loss of structures Unit 9

• Loss of main structures2 Unit 204

▪ AHs by loss of main structures HH 184

▪ APs by loss of main structures AP 828

▪ Loss of residential structures Unit 145

- Severely affected residential structures Unit 143

- AHs by loss of residential structures HH 138

- AHs by severe loss of residential structures HH 137

▪ Loss of residential-cum-commercial structures Unit 29

- Severely affected residential-cum-commercial structures Unit 29

- AHs by loss of residential-cum-commercial structures HH 29

- AHs by severe loss of residential-cum-commercial structures HH 29

▪ Loss of commercial structures Unit 30

- Severely affected commercial structures Unit 30

- AHs by loss of commercial structures HH 29

- AHs by severe loss of commercial structures HH 29

• Loss of secondary structures3 unit 63

▪ AHs by loss of secondary structures HH 42

▪ APs by loss of secondary structures AP 189

• Affected community structures Unit 47

Affected land under crop cultivation m2 6,235

2 24 structures owned by 24 IP HHs 3 1 structure owned by 1 IP HH

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Loss Category Unit Quantity

• AHs by loss of agri-crops HH 2

• Institutions by loss of agri-crops (government) 4

Affected trees Unit 26,373

• AHs by loss of trees HH 12

• Institutions by loss of trees (government) 4

Affected business income4 Unit 59

• AHs by loss of business income HH 55

• AHs by severe loss of business income HH 55

• APs losing employment from affected businesses AP 11

AHs for relocation (resettlement site) HH 3

Vulnerable households HH

• Total vulnerable households HH 1375

• Poor household (PSA 2018 thresholds) HH 109

• Household with elderly household head >60 HH 23

• Household with female household head with dependents HH 35

• Household with disabled household member HH 1

• IP household head HH 25

1. Impact on land

17. The R.T. Lim - Siocon Road measures 24,519.05m long and will follow the existing road alignment. The total land area to be acquired for the project is 490,381m2 of land, of which 66% classified as ancestral lands and 34% in transition from public to ancestral. The existing road (85,817m2) is public land and ancestral domain land that is also subject to compensation. Ancestral land claimants of the Subanon Tribe will receive the compensation for land after delineation by NCIP following RA 8371 procedures. The road traverses 5 affected barangays of the three affected municipalities. The total land area to be acquired includes 4,152.40 m2 for the three bridges of the subproject. Tables 4 and 5 provide details of the project components requiring land acquisition and affected areas/barangays.

Table 3: Project Components Requiring Land Acquisition and Areas to be Affected

Project Components Municipality/

Barangay

Area to be acquired (m2)

Existing road (m2)

Excluding existing road (m2)

Total area to be acquired (m2)

(i) Construction of 24, 519.05 m by 6.70m. wide 300mm think PCC pavement shoulders on both sides;

(ii) Construction of three (3) PCDG bridges with a total length of 207.62 linear meters;

(iii) Construction/Improvement of Drainage and Slope Protection Structures;

(iv) Construction of Miscellaneous Structures.

Baliguian 18,135 85,493 103,628

Kilalaban 18,135 85,493 103,628

R.T. Lim 1,968 9,280 11,248

San Fernandino 1,968 9,280 11,248

Siocon 65,713 309,792 375,505

Candiz 11,408 53,782 65,190

Pisawak 9,099 42,896 51,995

Tabayo 45,206 213,114 258,320

Total 85,817 404,564 490,381

% 18% 82% 100%

*based on the average road width of 3.5M

4 5 businesses owned by 5 IPs 5 Out of the 137 HHs, 25 are IP HHs comprising of 15 poor, 4 elderly, 4 FHH and 1 PWD.

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Table 4: Bridge approaches requiring land acquisition

PR08 Bridges Station Limits

Length (m) Total Area of

affected lots (m2) Start End

Kuyan K1848+940.35 K1848+983.25 42.9 858.00

Mambong K1852+725.74 K1852+802.60 76.86 1,537.20

Tabayo K1861+464.52 K1861+552.38 87.86 1,757.20

Total 207.62 4,152.40

18. Table 6 reveals that the required 490,381m2 is divided into 8 parcels of land. The affected area for land acquisition is classified as ancestral domain (323,510m2) with Certificate of Ancestral Domain Title (CADT) and public land (166,871m2) under application for CADT. As such, there are no classified agricultural, residential, and commercial lands though affected households utilize the lands as such. Land with CADT will be compensated to the authorized recipient designated by National Commission for Indigenous People (NCIP). For land pending CADT, DPWH will set aside the respective compensation funds until the ancestral domain status of the land is finalized.

Table 5: Loss of Land

Municipality/ Barangay

Land Area (m2)

Severity (%)

Total AHs Affected Land

Remarks

Total Affected Remaining N Severe Total

Ancestral Domain

Public Land under Application to

Ancestral Domain

Area (m2) # Lot Area (m2) # Lot Area (m2) # Lot

Baliguian 22,029,890 103,628 21,926,262 0.50% 0 0 103,628 1 103,628 1 CADT under process Kilalaban 22,029,890 103,628 21,926,262 0.50% 0 0 103,628 1 103,628 1

R.T. Lim 4,387,172 11,248 4,375,924 0.30% 0 0 11,248 1 11,248 1 CADT under process Sn Fernandino 4,387,172 11,248 4,375,924 0.30% 0 0 11,248 1 11,248 1

Siocon 33,557,428 375,505 33,181,923 1.10% 0 0 375,505 6 323,510 5 CADT Registered/ Awarded

Candiz 11,753,693 65,190 11,688,503 0.60% 0 0 65,190 3 65,190 3

Tabayo 19,076,927 258,320 18,818,607 1.40% 0 0 258,320 2 258,320 2

Pisawak 2,726,808 51,995 2,674,813 1.90% 0 0 51,995 1 51,995 1 CADT under process

Total 59,974,490 490,381 59,484,109 0.80% 0 0 490,381 8 323,510 5 166,871 3

% 100% 1% 99% 100% 100% 66% 34%

2. Impacts on structures

19. Table 7 shows that out of the total 314 structures belonging to 197 AHs (including 25 IP HHs), 223 units (71%) are found in Siocon, 79 units (25%) in Baliguian and only 12 units (4%) in R.T. Lim. Almost half (129 units) are located in Barangay Tabayo, Siocon.

Table 6: Loss of Structures


Type of Structures

Total Structures

No. of AHs

Main Structures Secondary Structures

Community Structures

Purely Residential

Residential- Commercial

Commercial Only

Baliguian 46 7 5 8 13 79 55

Kilalaban 46 7 5 8 13 79 55

R.T. Lim 9 0 1 2 0 12 9

San Fernandino 9 0 1 2 0 12 9

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Type of Structures

Total Structures

No. of AHs

Main Structures Secondary Structures

Community Structures

Purely Residential

Residential- Commercial

Commercial Only

Siocon 90 22 24 53 34 223 133

Candiz 31 5 2 9 9 56 36

Pisawak 17 3 2 12 4 38 26

Tabayo 42 14 20 32 21 129 71

Total 145 29 30 63 47 314 197

20. Main structure. Still with reference to Table 7, 184 AHs own/occupy the 204 main structures (145 residential, 29 residential-cum-commercial and 30 commercial). There are AHs owning more than one structure. Barangay Tabayo in Siocon has the most number of affected main structures. Most main structures (90.69%) are made of semi-light materials, while some (8.82%) are semi – permanent and 0.49% of permanent condition. 21. Residential structures. Of the 204 affected main structures, 145 are purely residential (Table 8). The total area of the 145 residential structures is 5,374m2 and affected area amounts to 5,007m2 as occupied by 138 AHs or 621 persons. Of the 138 AHs, 19 are IP HHs owning 19 structures. Total area of the 19 residential structures owned by the IP is 802.79 m2 and affected area amount to 786.27 m2.

Table 7: Loss of Residential Structures


# AHs Total area of residential

structures (m2)

Affected residential structures Severity of impact

Affected area (m2)

Affected structures (n)

% Severity

# structures

# AHs

Baliguian 45 1,588 1,392 46 88% 46 45

Kilalaban 45 1,588 1,392 46 88% 46 45

R.T. Lim 8 310 310 9 100% 9 8

San Fernandino 8 310 310 9 100% 9 8

Siocon 85 3,476 3,305 90 95% 88 84

Candiz 29 1,137 1,097 31 96% 30 29

Pisawak 17 564 532 17 94% 17 17

Tabayo 39 1,776 1,676 42 94% 41 38

Total 138 5,374 5,007 145 93% 143 137

22. Residential-Commercial structures. Of the 204 affected housing structures, 29 units are residential-commercial structures (Table 9). The total area of the 29 residential-commercial structures is 1,434 m2 and affected area amounts to 1,359 m2 as occupied by 29 AHs or 131 persons. Of the 29 AHs, 3 are IP HHs owning 3 structures. Total area of the 3 residential-commercial structures owned by the IP is 164.98m2 and affected area amount to 164.98m2.

Table 8: Loss of Residential-Commercial Structures


# AHs Total area of

residential-commercial structures (m2)

Affected Residential-Commercial Structures

Severity of impact

Affected area (m2)


% Severity # structures # AHs

Baliguian 7 265 232 7 88% 7 7

Kilalaban 7 265 232 7 88% 7 7

Siocon 22 1,168 1,127 22 96% 22 22

Candiz 5 304 304 5 100% 5 5

Pisawak 3 182 152 3 83% 3 3

23. Tabayo

14 682 671 14 98% 14 14

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# AHs Total area of

residential-commercial structures (m2)

Affected Residential-Commercial Structures

Severity of impact

Affected area (m2)



Total 29 1,434 1,359 29 95% 29 29

24. There is a total of 164 AHs (including 25 IP AHs) experiencing severe impacts on residential and/or residential-cum-commercial structures. (There are two AHs who have both house and house-cum-shops. None of these AHs possess legal rights to the land where their structures are built (Table 10). They built houses on public land (forest land) for which the AH does not have legal rights. Based on DPWH validation, 161 of these AHs have alternative land and 3 are landless. The 3 landless households will be provided with a resettlement site plot.

Table 9: Land Tenure Status of Residential and Residential-Commercial Structures

Municipality/ Barangay # AHs No alternative land With alternative land

Baliguian 51 2 49

Kilalaban 51 2 49

R.T. Lim 8 0 8

San Fernandino 8 0 8

Siocon 105 1 104

Candiz 34 1 33

Pisawak 20 0 20

Tabayo 51 0 51

Total 164 3 161

25. Commercial structures. Of the 204 affected main structures, there are 30 commercial structures (Table 11). The total area of the 30 commercial structures is 560 m2 and affected area amounts to 555 m2 as occupied by 29 AHs or 131 persons. Of the 29 AHs, 2 are IP HHs owning 2 structures. Total area of the 2 commercial structures owned by the IP is 11.52 m2 and affected area amounts to 11.52 m2.

Table 10: Loss of Commercial Structures


# AHs Total area of commercial

structures (m2)

Affected commercial structures Severity of impact

Affected area (m2)



Baliguian 5 57 52 5 92% 5 5

Kilalaban 5 57 52 5 92% 5 5

R.T. Lim 1 11 11 1 100% 1 1

San Fernandino 1 11 11 1 100% 1 1

Siocon 23 492 492 24 100% 24 23

Candiz 2 77 77 2 100% 2 2

Pisawak 2 200 200 2 100% 2 2

Tabayo 19 214 214 20 100% 20 19

Total 29 560 555 30 99% 30 29

26. Secondary structure. There are 63 affected secondary structures owned/occupied by 42 AHs (including 1 IP AH). Barangay Tabayo of Siocon has the highest percentage (51%) of affected secondary structures amounting to 32 structures followed by Barangay Pisawak with 19% or 12 units. The top three secondary structures are (i) 33% of fence/garage/gate/wall; (i) 17% others including chicken coop/ pigpen/resthouse; and (iii) 14% for cooking/ laundry area/septic/toilet. The least are bench/chair/plant box/stairs (2%) and storage/stockhouse/warehouse (2%). These structures mostly are of light and temporary

21


materials (95% or 60 units) and 5% permanent. Except for structures in Barangay Pisawak, all are within CADTs. Of the 29 AHs, almost all (28) are non-IPs.

Table 11: Loss of Affected Secondary Structures by Use


Total structure

# AHs

Use of Structures

Fence/ G

ara

ge/

Gate

/ Wall

Cookin

g/ L

aund

ry

Are

a/ S

eptic

/ Toile

t

Dry

er/ F

loorin

g/

Path

way

Deep w

ell/ F

aucet/

Pum

p/ W

ate

r tank

Shed/ W

aitin

g S

hed

Brid

ge/ C

anal/

Irrigatio

n/ R

ipra

p

Bench/C

hair/ P

lant

box/ S

tairs

Sto

rage/ S

tock

house/ W

are

house

Oth

ers

*

Baliguian 8 8 3 1 2 0 0 0 0 0 2

Kilalaban 8 8 3 1 2 0 0 0 0 0 2

R.T. Lim 2 1 2 0 0 0 0 0 0 0 0

San Fernandino 2 1 2 0 0 0 0 0 0 0 0

Siocon 53 33 16 8 6 6 4 2 1 1 9

Candiz 9 7 3 3 1 0 1 0 0 0 1

Pisawak 12 10 4 0 1 1 0 0 0 1 5

Tabayo 32 16 9 5 4 5 3 2 1 0 3

Total 63 42 21 9 8 6 4 2 1 1 11

% 33% 14% 13% 10% 6% 3% 2% 2% 17%

* Chicken coop, pigpen, resthouse, etc.

27. Community structure. Of the 47 community structures, Barangay Tabayo has the highest number of affected structures amounting to 21 units. Of the total number of affected community structures, the majority (46 structures representing 98%) are public structures6, while the remaining 1 structure or 2% are privately owned. All the affected community structures are severely affected.

Table 12: Affected Community Structures


Total community structures

Private Public

Severely affected

Marginally affected

Severely affected

Marginally affected

Baliguian 13 0 0 13 0

Kilalaban 13 0 0 13 0

Siocon 34 1 0 33 0

Candiz 9 0 0 9 0

Pisawak 4 1 0 3 0

Tabayo 21 0 0 21 0

Total 47 1 0 46 0

28. Table 14 below summarizes the community structures per barangay, the top 3 being (i) directory/landmark (21%), (ii) electric/lamp post (19%), and (iii) fences, garage-gate-wall (15%). Other types are bench, chair, plant box, stairs, deepwell, faucet, pump, water tank, dryer, flooring, pathway, shed, chapel, mosque, warehouse, center stage, outpost, etc.

6 “Private” community-owned structures are community-owned structures that are privately owned; for example, a well which is privately-owned and being used by the community.

22


Table 13: Types of Community Structures


Total structure

Use of community structures

Dire

cto

ry/ L

an

dm

ark

Ele

ctric

/ Lam

p

post

Fence /G

ara

ge/

Gate

/ Wall

Shed/ W

aitin

g

Shed

Dry

er/ F

loorin

g/

Path

way

Bench/ C

ha

ir/

Pla

nt b

ox/ S

tairs

Deep w

ell/ F

aucet/

Pum

p/ W

ate

r tank

Chape

l/ Churc

h/

Mo

sque

Oth

ers

*

Baliguian 13 1 8 0 1 0 0 0 0 3

Kilalaban 13 1 8 0 1 0 0 0 0 3

Siocon 34 9 1 7 4 4 3 2 1 3

Candiz 9 3 0 1 1 1 1 1 0 1

Pisawak 4 2 0 0 1 0 0 0 1 0

Tabayo 21 4 1 6 2 3 2 1 0 2

Total 47 10 9 7 5 4 3 2 1 6

% 100% 21% 19% 15% 11% 9% 6% 4% 2% 13%

* center, stage, outpost, etc.

29. A barangay resolution is executed authorizing the Punong Barangay (barangay captain) to receive the compensation for the restoration of the affected community-owned structures that are publicly owned (See Appendix 4.1: Barangay Resolution Authorizing the Punong Barangay (Barangay Captain) to Receive the Compensation for the Restoration of the Affected Community-owned Structures). The barangay officials are responsible for the demolition and arranging for rebuilding of the structures. In the case of privately-owned community structures, the owners will receive the compensation and are responsible for rebuilding the structures. In case the barangay needs assistance in rebuilding the affected structures, DPWH will provide the required assistance.

3. Impacts on trees and crops 30. A total of 2 AHs and 2 institutions will lose 6,235m2 of agri-crops largely planted to corn, rice, taro, sweet potato and cassava. While the 2 AHs are non-IPs, only 1 is planted within the Subanon CADT, considered as possessory right of a migrant. Twelve AHs (non-IPs) and 2 institutions will lose 26,373 trees such as banana, rubber, mahogany, mangium, and abaca. Tables 15 and 16 below provide the breakdown. Barangay Pisawak has the highest loss for crops (51%) and tree crops (43%). The trees and crops planted on ancestral domains of the Subanon ICC and public land (forest land) belonging to the DENR situated in 4 of the affected barangays. The Subanon ancestral lands as verified by NCIP are planted to fruit and forest trees and these are communally planted within the CADT. These were inventoried, validated and allocated with compensation to be processed through the NCIP and the ICC.

Table 14: Loss of Crops


AH Affected

Institution*

Agri-crops (m2)

Total Corn Rice Taro

Sweet potato

Cassava Others**

Baliguian 0 1 0 1,007 201 0 53 272 1,533

Kilalaban 0 1 - 1,007 201 - 53 272 1,533

Siocon 2 3 1,949 0 536 420 325 1,472 4,702

Candiz 0 1 438 - 109 - - 605 1,152

Pisawak 1 1 1,511 - 321 387 294 664 3,177

23



AH Affected

Institution*

Agri-crops (m2)

Total Corn Rice Taro

Sweet potato

Cassava Others**

Tabayo 1 1 - - 106 33 31 203 373

Total 2 4 1,949 1,007 737 420 378 1,744 6,235

* Only 1 institution cutting across the 4 barangays ** Others include: Okra, string beans, eggplant, ginger, etc

Table 15: Loss of Trees


AH Affected

Institution*

Forest / Fruit Trees / Other Forest Products (n) Total

Banana Rubber Mahogany Mangium Abaca Others**

Baliguian 0 1 4,567 543 240 5,350

Kilalaban 0 1 4,567 543 240 - - 5,350

Siocon 12 3 13,620 2,784 2,302 590 540 1,187 21,023

Candiz 0 1 3,198 1,100 1,571 271 540 1,187 7,867

Pisawak 11 1 9,957 1,301 - - - 11,258

Tabayo 1 1 465 383 731 319 1,898

Total 12 4 18,187 3,327 2,542 590 540 1,187 26,373

* Only 2 institutions cutting across the 4 barangays; DENR forestlands and ancestral domain as owned by the ICC ** Others include: Gmelina, coconut, bamboo, durian, etc

4. Impacts on income/ business

31. There are 59 affected businesses owned by 55 AHs (Table 17). Out of 55 AHs, five are IP HHs. The vast majority (92%) are variety stores/shops commonly known as “sari-sari” stores. Fifty-eight percent (34 businesses) are in barangay Tabayo. As for the losses of productive assets, all 59 businesses (55 AHs) are severely affected. All affected businesses (100%) would be permanently affected. Permanent impacts require not only compensation and transitional assistance but also necessitate provision for income restoration measures.

Table 16: Impact on Business


Total businesses

# AHs

Affected Business Nature of Impact

Sari-s

ari s

tore

Bakery

Bla

cksm

ith

sh

op

Furn

iture

shop

Repair s

hop

Ric

e m

ill

Severe

ly

Affe

cte

d

Ma

rgin

ally

Affe

cte

d

Perm

anen

tly

Affe

cte

d

Tem

pora

rily

Affe

cte

d

Baliguian 12 12 9 1 1 1 0 0 12 0 12 0

Kilalaban 12 12 9 1 1 1 0 0 12 0 12 0

R.T. Lim 1 1 1 0 0 0 0 0 1 0 1 0

San Fernandino 1 1 1 0 0 0 0 0 1 0 1 0

Siocon 46 42 44 0 0 0 1 1 46 0 46 0

Candiz 7 7 7 0 0 0 0 0 7 0 7 0

Pisawak 5 5 4 0 0 0 0 1 5 0 5 0

Tabayo 34 30 33 0 0 0 1 0 34 0 34 0

Total 59 55 54 1 1 1 1 1 59 0 59 0

32. These businesses on the average generate a net monthly income of PhP 3,779.66. Those in Pisawak earn more at an average of PhP 5,400. Income range has at a monthly minimum, PhP 3,000.00 while monthly maximum is PhP 15,000.00. Five (5) IPs earn a net monthly income of

24


Php 3,000.00. Of these businesses, only 5 shops in Kilalaban, Pisawak and Tabayo employ 11 persons with an average salary of PhP 3,000.00 per month.

Table 17: Loss of Business Income

Municipality/ Barangay # Businesses Ave estimated net monthly

business income (PhP)

Employees

# Employees Ave monthly salary (PhP)

Baliguian 12 5,166.67 7 3,000.00

Kilalaban 12 5,166.67 7 3,000.00

R.T. Lim 1 3,000.00 0 0

San Fernandino 1 3,000.00 0 0

Siocon 46 3,434.78 4 3,000.00

Candiz 7 3,000.00 0 0

Pisawak 5 5,400.00 2 3,000.00

Tabayo 34 3,235.29 2 3,000.00

Total/ Average 59 3,779.66 11 3,000.00

Minimum - Maximum 3,000.00- 15,000.00

5. Vulnerable Households

33. A total of 137 AHs were identified as vulnerable, many of whom are considered poor (56%), followed by FHH (18%), elderly (12%), IP household heads (13%) and disabled (1%). It will be noted that some HHs have multiple indicators of vulnerability. The poor are those whose income fall below the recognized poverty line. The 2018 updated annual per capita rural poverty threshold in Zamboanga del Norte is PhP 28,223.00 and for Zamboanga Sibugay is PhP 22,991.00.7

Table 18: Vulnerability of AHs Municipality/

Barangay

Vulnerability Vulnerable AHs

Poor Elderly FHH Disabled IP Total Instances # AHs %

Baliguian 36 6 5 1 9 57 40 29%

Kilalaban 36 6 5 1 9 57 40 29%

R.T. Lim 1 1 1 0 3 6 5 4%

San Fernandino 1 1 1 0 3 6 5 4%

Siocon 72 16 29 0 13 130 92 67%

Candiz 27 8 5 0 1 41 31 23%

Pisawak 13 2 4 0 0 19 14 10%

Tabayo 32 6 20 0 12 70 47 34%

Total 109 23 35 1 25 193 137 100%

% 56% 12% 18% 1% 13% 100%

6. Indigenous Peoples

34. A Field Field-Based Investigation was conducted by the National Commission on Indigenous Peoples (NCIP) in August 2018 for Baliguian and Siocon and September 2018 for R.T. Lim. It was determined that there are two claims by the Subanons: (i) Claim R09-CADT-SIO-0403-0005 of Barangays Tabayo and Candiz, Municipality of Siocon, Province of Zamboanga del Norte amounting to a total of 8,214 ha that was awarded in 2005, and (ii) a pending CADT application covering 27,600 ha by the the Subanon Tribe in the municipalities of RT Lim, Tungawan, and Baliguian of Zamboanga del Norte; and the Municipality of Titay, Zamboanga

7 Updated 2015 and 2018 Full Year Official Poverty Statistics, released in June 2020.

25


Sibugay. The NCIP further established that the following impacts will be experienced by the IP households, loss of: (i) portions of land being utilized, (ii) portions of structures, (iii) non-fruit bearing trees like rubber, and (iv) fruit bearing trees. After due consultations with the individual affected IP households, consent was granted with the agreement that just compensation will be provided. As a result, the Council of Leaders/Elders and the IP members of the affected Municipalities passed a resolution of support and consent duly signed by them in support of the proposed road improvement by the DPWH (See Appendix 11: FBI Report on PR-08: R.T. Lim-Siocon (Baliguian and Siocon Sections)). To this effect, the NCIP issued the Certification Precondition (CP) on 26 December 2019 (Appendix 5: Certification Precondition) in favour of the project. 35. There are 25 Subanon AHs that will be affected. Of the 25 AHs, all will have severely affected houses and 5 will also have affected businesses (2 purely commercial and 3 residential-commercial). None of the IP AHs have affected farms. All are considered vulnerable, including poor (15 AHs), female-headed households (4 AHs), elderly (4 AHs) and disabled (1 AH).

7. Temporary impacts at construction

36. Temporary loss or disruption of land use or other assets during construction works is anticipated particularly the movement of construction materials to and from work sites. This will be addressed in the project Environmental Management Plan.

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III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS A. Background

1. Provincial Profile

37. Zamboanga del Norte Province is located within the Zamboanga Peninsula region in Mindanao with Dipolog City as its capital. The province borders Zamboanga del Sur and Sibugay to the south, Misamis Occidental to the east, and the Sulu Sea to the west. It is the largest province of the peninsula in terms of land area covering 7,301.00 square kilometers and is the 26th populous province in the country.8 About half of the provincial land area is devoted to agriculture with corn, coconut, and rice as major crops. The province is abundant with marine and mineral sources, with fish production accelerated through the development of fishponds. The main language spoken is Cebuano and other languages include Subanen, Tausug, Chavacano, Tagalog, and English. 38. Republic Act No. 711 issued on June 6, 1952 split the province of Zamboanga into Zamboanga del Norte and Zamboanga del Sur with Zamboanga del Norte covering a total area of 7,301.00 square kilometers occupying the northern portion of the peninsula in western Mindanao (Table 20). It is comprised of 25 municipalities and 2 cities: Dipolog City and Dapitan City, further subdivided into 691 barangays. Sibuco is the largest municipality by land area, constituting 10.72% or 782.54 square kilometers of the total provincial area and Sibutad is the smallest, with 0.90% or 65.57 square kilometers).9

Table 19: Provincial 2015 Statistic by Affected Municipality Unit

Location Population Area (km2) Density

(Person/ km2) # of

Barangays n % from Province km2 % from Province

Zamboanga del Norte 1,011,393 100% 7,301 100% 139 691

Baliguian 22,588 2% 439.26 6% 51 17

Siocon 46,907 5% 503.20 7% 93 26

Zamboanga Sibugay 633,129 100% 3607.75 100% 175 389

Roseller Lim 43,646 7% 300 8% 145 26

39. Table 21 further shows that the population of Zamboanga del Norte in the 2015 census was 1,011,393 people, with a density of 140 inhabitants per square kilometer. Household population is 224,828 households averaging 4.5 persons per household. Among population, poverty incidence for Zamboanga del Norte is estimated at 51.6% much higher than both regional national poverty incidence of 21.6 %. This translates to about 521,879 persons within the province who cannot afford to buy their basic food and non-food needs. As far back as 2006, a study by the National Statistics Coordination Board (NSCB) revealed that Zamboanga del Norte Province was the poorest province in the country with a population poverty incidence rate of 64.6%. 40. The updated 2018 and full year poverty data as released in June 2020 reveals that the poverty threshold per capita income in rural areas of Zamboanga del Norte and Zamboanga Sibugay increased between 2015 and 2018 (Table 21).

8 National Statistical Coordination Board, 2013. 9 PSGC Interactive. Quezon City, Philippines: Philippine Statistics Authority, 2016.

https://en.wikipedia.org/wiki/Philippine_Statistics_Authority

https://en.wikipedia.org/wiki/Philippine_Statistics_Authority

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Table 20: Poverty Thresholds in Affected Provinces: PSA 2015 and 2018, Rural Areas

Location

2015 2018

Poverty threshold (PhP)

Monthly requirement for a family of 5 (PhP)

Poverty threshold (PhP)

Monthly requirement for a family of 5 (PhP)

Zamboanga del Norte 24,206.00 10,085.83 28,223.00 11,759.58

Zamboanga Sibugay 21,294.00 8,872.50 22,991.00 9,579.58

41. The above table shows a difference of PhP 2,180 between Zamboanga del Norte (PhP 28,223.00) compared to PhP 22,991.00 for Zamboanga Sibugay in 2018. Between the two censual periods, there is an increase in poverty threshold by PhP 1,673.75 from PhP 10,085.83 in 2015 to PhP 11,759.58 in 2018 for rural areas of Zamboanga del Norte, and similarly an increase in poverty threshold by PhP 707.08 from PhP 8,872.50 in 2015 to PhP 9,579.58 in 2018 for rural areas of Zamboanga Sibugay. Subsequently, there is an increase in the monthly requirements to meet both basic food and non-food needs of a family of five for the two provinces: PhP 11,759.58 for Zamboanga del Norte and PhP 9,579.58 for Zamboanga Sibugay.

2. Indigenous Peoples of the Project Area 42. The Subanon is a tribe indigenous to the Zamboanga Peninsula living in mountainous areas that can be traced as far back as 500 BC before the Neolithic Era, or New Stone Age.10 They speak the Subanon language. These people originally lived in low-lying areas, however due to disturbances and competition from other settlers like the Muslims, and migration of non-IPs and non-Muslims were pushed into the interior parts of the region.11 Subanons generally refer to themselves as a whole as the gbansa Subanon, meaning “the Subanon nation”. They distinguish themselves from each other by their roots or point of origin, largely based on names of rivers, lakes, mountains, or locations. The Subanon groups that traditionally remained animist call themselves "Subanen" in areas closer to Zamboanga City while other groups who are linguistically members of the Subanen language subgroup but adopted Islam call themselves Kolibugan in western areas and Kalibugan in the central parts of the Peninsula. 43. In 1912, the Subanon were officially estimated to number 47,164. By 1988, their population had grown to about 300,000. The whole of Zamboanga has always been the ancestral domain of the Subanon, with some areas of the peninsula occupied by Muslims, and a few others by Christian settlers. Towards the tip of the peninsula live the Kalibugan, who number some 15,000. 44. Economy. The Subanen are mainly agriculturists who practice three types of cultivation. Along the coastal area, wet agriculture with plow and carabao is the method of producing their staple rice. Beyond the coasts, both wet and dry agriculture is found. Swidden farming is the norm in the interior, particularly the uplands. Along the coasts, coconuts are raised aside from rice. Further inland, corn becomes an additional crop aside from the first two. Apart from the principal crops raised—which are mountain rice and corn—the root crops camote, cassava, gabi (taro), and ubi (yam) are also grown. These are roasted, boiled, or made into preserves and sweets. In some places, tobacco is planted. The people supplement their income and their food supply by fishing, hunting, and gathering of forest products. The extra rice they can produce, plus the wax, resin, and rattan they can gather from the forest are brought to the coastal stores and traded for cloth, blades, axes, betel boxes, ornaments, Chinese jars, porcelain, and gongs.

10 Subanen History. (1981). “The History of Subanon since the Neolothic Era or the Stone Age. 11 Al Gedicks (2001). Resource Rebels: Native Challenges to Mining and Oil Corporations. South End Press.

pp. 24. ISBN 978-0-89608-640-1.

https://en.wikipedia.org/wiki/Resin

https://en.wikipedia.org/wiki/Resin

https://en.wikipedia.org/wiki/Rattan

https://books.google.com/books?id=UNTig4CQ8JUC

https://books.google.com/books?id=UNTig4CQ8JUC

https://books.google.com/books?id=UNTig4CQ8JUC&pg=PA24

https://books.google.com/books?id=UNTig4CQ8JUC&pg=PA24

https://en.wikipedia.org/wiki/International_Standard_Book_Number

https://en.wikipedia.org/wiki/International_Standard_Book_Number

https://en.wikipedia.org/wiki/Special:BookSources/978-0-89608-640-1



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45. Relationship with the Environment. The relationship between natural phenomena and the agricultural cycle is well established in the folk knowledge of the Subanon. They study wind patterns, looking out for tell-tale signs of imminent weather changes. Based on their native methods of meteorology, the Subanon identify three distinct seasons within the agricultural cycle: pendupi, from June to September, characterized by winds blowing from the southwest; miyan, from December to January, a time of winds and northeast monsoon rains; and pemeres, from March to April, the hot and dry season. The Subanen also reckon agricultural time by the stars, notably the constellation Orion - the appearance of this star group signals the time for the clearing of a new swidden. The monthly rotation of the stars is a guide for the swidden cycle during the first months of the year.12 46. Political System. Subanen society is patriarchal, with the family as the basic governmental unit. There is no political hierarchy at the village level. Timuay is the traditional title for the communal leader who is also the chief arbiter of conflict between the families of a community or a confederation. The word “timuay” means “chief” or “leader.” It connotes both civil and religious authority for the bearer of the title. The title of timuay may be recalled by the community and given to another tasked with the responsibility of leading the community.13 B. Municipalities and the affected villages 47. The three (3) locations to be traversed by PR08 subproject are the municipalities of R.T. Lim in Zamboanga Sibugay, Baliguian and Siocon in Zamboanga del Norte comprising a total of nine (9) barangays. Total land area combined is 10,909km2 and a population of 1,644,522 with a density of 151 person per km2.

Table 21: 2015 Population of Affected Municipalities by Affected Barangay

Location Population

n % from municipality

Baliguian 22,588 100%

Kilalaban 1,910 8%

Roseller Lim 43,646 100%

San Fernandino 2,623 6%

Siocon 46,907 100%

Candiz 3,529 8%

Pisawak 1,824 4%

Tabayo 3,600 8%

48. The male population in municipalities of R.T. Lim in Zamboanga Sibugay, Baliguian and Siocon in Zamboanga del Norte is slightly higher (50.3%) than the number of women (49.7%). In terms of age, the population of less than 15 years old constitutes 63% while the productive or 15 – 64 years of age is 33%. The elderly or 65 years and above is 4%. This places the dependency ratio or the number of dependents 0-14 years and 65 years and over for every 100% in the productive age 15-64 at 58%. 49. Municipal revenues are derived from taxes, licenses, and fees as well as the Internal Revenue Allotment (IRA). According to the Bureau of Local Government Finance, the annual

12 Casal, Cabriel S. Kayamanan: Mai: Panoramas of Philippine Primeval. Manila: Central Bank of the Philippines,

Ayala Museum, 1986. 13 Finley, J.P. and William Churchill. The Subanu: Studies of a sub-Visayan Mountain Folk of Mindanao. Part I,

Ethnographical and Geographical Sketch of Land and People. Washington, DC: Carnegie Institution of Washington,

1913.

29


regular revenue of affected municipalities for the fiscal year of 2018 was PhP3,529,162,699.28. Looking at the involvement of employed males and females in the area of business and industry, more than 50% are in Agriculture, Forestry & Fishery, service & sales, and elementary occupation. 50. Per the 2015 Municipal and City Level Small Area Poverty Estimates, the average poverty incidence of Sibuco and Zamboanga City is 42.16, which is 2.23 higher compared to the previous estimates. Majority of the gainful workers 15 years old and over are skilled workers in field/industry of agricultural forestry and fishery (19%), service and sales (18% and elementary occupation (17%). 51. In terms of occupational groups, majority of the employed are skilled agricultural forestry and fishery (18.6%), service and sales (17.6%) and elementary occupation (16.7%). Some are plant and machine operators and assemblers (9.4%), craft and related trades workers (9.3%), managers (8.6%), professionals (7.4%), technicians and associate professionals (5.9%), clerical support workers (5%) and in the armed forces (1.4%). Only .1% did not reported any type of occupation.

52. From the population 5 years old and over, 10% completed elementary and 14% completed high school. However, it was noted that there is also a significant number of populations attained higher than high school level (post-secondary, college undergraduate, academic degree holder, and post baccalaureate).

53. There are also, various health and wellness facilities like: hospitals, medical clinics, lying-in clinics/birthing, etc. that provides basic health services to the residents; administer first aid treatment for emergency cases and perform minor surgical operations among others C. The Affected Households 54. The total number of affected entities is 207 comprising of 197 households and 10 private and government institutions. From the 197 AHs who will be physically and/or economically displaced, only 86% (170 AHs) including 25 IP AHs were covered due to unavailability of AHs during the conduct of the socioeconomic survey. The 170 surveyed AHs are distributed in five barangays of the municipalities of Baliguian, R.T. Lim and Siocon. Tabular presentation of survey results is provided in Appendix 6: Results of Socioeconomic Survey.

1. Socio-Economic Characteristics 55. There are more male headed households (79%) than female headed households (21%) across all the barangays. Majority of the AH heads are spread across the age brackets. Mean age is 46 and range of ages is from 18 to 79. Most of the AH heads are married (84%). Some are widow/er (7%), single (5%), and common law partners (4%). Religious affiliation of AH heads includes Catholic (62%), INC (4%), Non-Catholic/Protestant (1%), Islam (1%), CDCLDS (1%) and other denomination/non-sectarian (31%). 56. Of the 170 surveyed AH heads, 43% are elementary undergraduates and 19% completed elementary schooling. About 13% are high school undergraduates and 11% high school graduates. Three percent are college undergraduates and 1% college graduate. Little as 1% is post graduate. Around 8% has no formal education while 1% AH head availed of vocational/ technical training.

30


57. Prior to residing in their current locations, 23% of the affected household heads said they lived in the affected barangays, 13% lived in other barangays, but within the same municipality, 26% lived in other municipality, but within the province, 28% lived in other provinces within the Region, and 11% lived in other regions of the country. Survey results also indicate that 69% have been living in the area for more than ten years. Those who have been living there for 1-5 years account for 11%, while about 16% have been there for 6-10 years. Few (4%) have been residents in the area for less than a year. Only 1% did not respond. 58. About 55% of the affected household heads are farmers, while 12% are businessmen. Other are workers (8%), service crews (6%), government employees (6%), private employees (5%), and others not elsewhere classified (3%). Some (5%) are unemployed. A large majority (76%) are either seasonal or permanent/regular workers. The employment status of the rest of the AHs is self-employed (18%) and contractual (5%), while 1% did not respond. 59. Majority of the affected households (66%) have a monthly income of Php10, 000.00 and below, 19% earns Php 10,001- 20,000, 9% earns Php 20,001-30,000 and 3% earns Php 30,001- 40,000. Few earn Php 40,001- 50,000 (1%) and Php 50,001- 60,000 (1%). Only 1% has monthly

income of Php 300,000 and another 1% did not respond. Mean monthly income of AHs is computed at Php 12,147.00 with minimum at Php 500.00 and maximum at Php 300,000.00. The 2018 average annual poverty threshold per capita income for rural areas of Zamboanga del Norte and Zamboanga Sibugay is Php 25,607.00.14 This means that a family of five needs no less than PhP 10,669.58 on average, to meet the family’s basic food and non-food needs such as clothing, fuel, light and water, housing, rental of occupied dwelling units, transportation and communication, health and education expenses, non-durable furnishing, household operations and personal care and effects. Majority of the AHs (93%) are spending below PhP10,000 per month, while only 6% are spending over PhP10,001 per month, and some 1% did not respond. An estimated 55% (109/ 197) of the AHs are deemed poor. 60. Table 23 below shows the comparative socio-economic characteristics of the IP and non-IP households. In general, there was no significant difference on the characteristics on both IP and non-IP households, except for the average monthly income and its other sources of income. Notably, IP household with pending CADT had relatively lower monthly income than those with awarded CADT primarily because ICCs in awarded CADT areas are situated in a decommissioned mined area15. In addition, it was noted that IP households had relatively limited other sources of income compared to the non-IP household with numerous opportunities outside farming such as fishing, government employment, private employment, business, service and labor. Other sources of income of IP HHs include private and government employment. Other sources of income of non-IP HHs include fishing, government employment, private employment, business, service and labor.

Table 22: IP and Non-IP Households


# of AHs

Age Sex Civil Status Ave HH

Size

Ave Monthly Income

Major Sources of

Income Ave Min Max Male Female Single Married Widow

Live-in

IP Household

14 Updated full year 2018 regional annual per capita income for rural areas: Php 25,607/12. 15 TVI Pacific Inc. (TVI) is a Canadian mining company headquartered in Calgary. TVI's Canatuan mines were the first foreign-invested mine in the Philippines after the passage of the Philippine Mining Act of 1995. From 2004 to 2014, TVI produced 105,200 ounces (2,980,000 g) of gold, 1.8 million ounces (51,000,000 g) of silver, 199,778 tonnes (196,623 long tons; 220,218 short tons) of copper and 30,558 tonnes (30,075 long tons; 33,684 short tons) of zinc concentrate Revenues over the 10-year period totalled US$478 million.

https://en.wikipedia.org/wiki/Mining_company

https://en.wikipedia.org/wiki/Calgary

https://en.wikipedia.org/wiki/Canatuan_mine

https://en.wikipedia.org/w/index.php?title=Philippine_Mining_Act&action=edit&redlink=1

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# of AHs

Age Sex Civil Status Ave HH

Size

Ave Monthly Income

Major Sources of

Income Ave Min Max Male Female Single Married Widow

Live-in

Baliguian 9 40 27 61 8 1 0 7 2 0 5 2,700 Farming

Kilalaban 9 40 27 61 8 1 0 7 2 0 5 2,700 Farming

R.T. Lim 3 48 29 59 3 0 0 3 0 0 5 7,967 Farming

Sn Fernandino 3 48 29 59 3 0 0 3 0 0 5 7,967 Farming

Siocon 13 57 30 67 10 3 1 10 2 0 4 15,103 Farming

Candiz 1 67 67 67 1 0 0 1 0 0 2 9,000 Farming

Tabayo 12 47 30 66 9 3 1 9 2 0 6 21,206 Farming

Total/Ave 25 48 29 62 21 4 1 20 4 0 5 8,590

Non-IP Household

Baliguian 40 42 18 71 36 4 1 35 3 1 5 9,080 Farming

Kilalaban 40 42 18 71 36 4 1 35 3 1 5 9,080 Farming

R.T. Lim 6 51 33 65 5 1 0 5 0 1 4 12,383 Farming

Sn Fernandino 6 51 33 65 5 1 0 5 0 1 4 12,383 Farming

Siocon 99 46 24 73 73 26 7 82 5 5 5 12,549 Farming

Candiz 33 46 22 73 28 5 0 30 2 1 5 11,205 -

Pisawak 22 42 27 67 18 4 5 16 0 4 5 7,630 Farming

Tabayo 44 49 23 79 27 17 2 36 3 0 5 18,813 Farming

Total/Ave 145 46 25 70 114 31 8 122 8 7 5 11,337

2. Ownership of Land and Structure

61. Land ownership can be a form of economic security among AHs, business owners, and landowners/claimants. Of the 170 AHs, the majority (89%) is situated in land that is either certified IP Ancestral Domain areas or in transition to IP of being certified as IP Ancestral Domain, while 3% of those surveyed by the SES claimed that the government owns the land (see also Para 14). About 3% do not know who owns the land they occupy, and 14% did not respond to the land ownership question. Out of the SES surveyed AHs, 28% claimed land to have land ownership16. There are only 9% who claimed in the SES survey to have land ownership with tax declaration (1%), contract (1%), and deed of sale/mortgage document as proofs of ownership while 7% with other proof of ownership. The remaining 19% did not claim any proof of land ownership. It should be noted that responses presented above are based on SES respondents self-reported claims to the survey questions while chapter 2 of the RIPP presents information that has been validated by DPWH. Ancestral Domain land does not of itself equate to individual land ownership rights. Individual land rights within Ancestral Domain areas would be demonstrated through presence of Certificates of Ancestral Land Title (CATL). 62. Residential houses account for majority of the affected structures (74%), while 8% are used solely for commercial purposes. Some (19%) used both for residential and commercial. Among households and business respondents, majority (87%) claimed to own the structures they occupy, while 1% claimed to be co-owners. Some (5%) have free occupation with permit, 1% tenant/renter, 1% sharer, 2% claimed other forms of ownership, and 3% did not respond.

3. Quality of Life

16 Such asertions are possibly related to the CADT status of the land they occupy.

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63. Majority of the AHs (55%) said they used galvanized materials as roofing materials for their houses. Around 39% used nipa, and 6% used other materials to build their houses. The various wall materials used by AHs for housing are the following: wood (84%), cement (2%), nipa (2%), bamboo (2%), and other materials (11%). 64. Majority of the respondents have access to electricity (75%) and using kerosene (21%) as a source of light. Few are using solar (3%), and other available sources (1%). Around 37% of the AHs have piped water connections, while 34% draw water from river/spring, and 26% use well (open). Some 1% uses a pump (close) and 1% from other sources. Majority (97%) use wood/charcoal as a primary fuel source for cooking. Some use LPG (1%), and 2% use other fuel sources for cooking. 65. About 63% of the affected households said they use flush-type toilets in their homes. Few use open-pit (6%) and antipolo type (6%). Some 26% have no toilet facility.

4. Perception of the Project Impacts 66. Based on the 170 responding AHs, 72% believe that one of the positive impacts of the project is progress for the town/barangay and 13% trust that the project would generate jobs. The project is envisaged to contribute to the growth and improvement of business according to 1% of those surveyed. About 1% said that it may result to a clean and beautiful environment and 12% did not respond. About 81% of the affected households said that loss or reduction of houses is one of the negative impacts of the project. Other negative impacts cited by the AHs are air pollution (4%) and water pollution (1%). Some 15% did not respond. 67. A large majority (96%) of those surveyed at the time of SES expressed support for the project. Around 1% did not have an opinion while 4% were nonresponsive to the question.

5. Gender

68. Out of 197 AH heads, 18% are female. About 35 AHs are headed by females of which 19 are poor 8 elderly and 4 IPs. The average female-headed household size is 5 with mean monthly income calculated at Php 9,990.00. 69. Key gender issues affecting women include insufficient incomes, lack of livelihood opportunities, and women’s difficulty in traveling on rough roads, especially during the rainy season and when they are pregnant. Zamboanga City in general is in the list of the Department of Health (DOH) as one of HIV/AIDS “other High Prevalence Cities” in Mindanao.17 From the statistics of the Inter-Agency Council Against Trafficking of the Department of Justice, there are at least 7 convictions of trafficking from November 2005 to September 2015. In particular, this RIPP necessitates that HIV/AIDS and human trafficking prevention measures, will be included in the training to be provided during social safeguards planning document implementation through the project Gender Action Plan (GAP). 70. Women also cited problems relating to poverty, limited community participation, high cost of transport, and difficulty in accessing social services. Most of the women are engaged in seasonal farm work, indicating a high rate of underemployment, and in some areas at least a third of them are unpaid family workers. They use the highway and feeder roads to travel on foot and

17 Epidemiology workshop conducted by the DOH National HIV/STI Prevention Program in Zamboanga City, 10 April 2015.

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by motorized transport, from farms and coastal barangays to central markets for the sale of crop and fish; to purchase needed supplies; to bring their children to schools, market, avail of health services, and to attend religious ceremonies. Women expressed the need for improved road conditions and requested assistance for establishing additional sources of income based on their skills and knowledge, e.g., sewing and vermiculture, and any other income generating activity. Incidents of domestic violence and trafficking of persons were recorded. Municipal governments allot funds for activities addressing gender issues and undertake gender and development (GAD) programs that are financed through their GAD fund.

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IV. CONSULTATION, PARTICIPATION AND DISCLOSURE

A. Consultation and Participation at Planning Stage 71. ADB policy states that, “affected people should be fully informed and closely consulted on resettlement and compensation options”. Consultation with APs is the starting point for all activities concerning resettlement. People affected by resettlement may be apprehensive that they will lose their livelihoods and communities or be ill-prepared for complex negotiations over entitlements. Participation in planning and managing resettlement helps to reduce their fears and gives APs an opportunity to participate in key decisions that will affect their lives. Resettlement implemented without consultation may lead to inappropriate strategies and eventual impoverishment. Without consultation, the people affected may oppose the project, causing social disruption, substantial delay in achieving targets or even abandonment, and cost increases. Negative public and media images of the project and of the implementation agency may develop. With consultation, initial opposition to a project may be transformed into constructive participation. Consultation can be fostered by holding public meetings and identifying focus groups”. 72. DPWH will conduct meaningful consultation with APs, their host communities, and civil society for every sub-project identified as having IR impacts. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of AP and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Consultation will be carried out in a manner commensurate with the impacts of affected communities. The DPWH will pay attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, IPs, and those without legal title to land.

1. Consultations Conducted at Preparation of draft RIPP 73. There were two public consultation meetings conducted in preparing the draft RIPP. The first consultation was carried out on 11-19 March 2017 prior to the conduct of census, IOL and SES. The second consultation was conducted on 25 April 2019 and 05-07 May 2019 after the completion of appraisal.

a. First consultation (prior to the conduct of census, IOL and SES)

74. For the 1st coordination and public consultation meetings, the DPWH Project Director UPMO sent letters to the RO, DEO and the LGUs and PAPs in the 5 barangays traversed by PR08. The agenda included presentation of the Project background with open forum to determine perceptions about potential project impacts and proposed mitigation approach. Table 24 shows the details, including the agenda.

Table 23: 2015 Population of Affected Municipalities by Affected Barangay

Municiplaity/ Barangay

Date Participants

Male Female Total

Baliguian 46 50 96

Kilalaban 11 March 2017 46 50 96

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Municiplaity/ Barangay

Date Participants

Male Female Total

Siocon 165 172 337

Tabayo 12 March 2017

19 22 41

Candiz 54 40 94

Siay 13 March 2017

27 29 56

Pisawak 15 23 38

Datu Sailela 14 March 2017

11 11 22

Malipot 22 18 40

M. Francisco 15 March 2017

7 7 14

Tagaytay 10 22 32

R.T. Lim 177 192 369

San Fernandino 17 March 2017

41 39 80

Don Perfecto 50 62 112

Malubal 18 March 2017

4 12 16

San Antonio 17 22 39

Magsaysay 19 March 2017

22 12 34

New Sagay 43 45 88

Total 388 414 802

b. Second consultation (after the completion of appraisal of affected lots,

structures/improvements, crops and trees) 75. On 25 April 2019 and 05-07 May 2019, public consultations were again held in affected barangays of PR08. The agenda of the consultations are as follows: (i) presentation of project updates, (ii) disclosure of the revised RIPF and the master list of APs (iii) formation of Municipal RIC and (iv) open forum. A total of 221 persons participated in the meetings where 57% were males and 43% females (See Appendix 8: Report on Second Consultation Meetings conducted at Preparation of draft RIPP).

76. Table 25 below provides the summary of issues and concerns raised during the rounds of consultations.

Table 24: Summary of Issues and Concerns During Consultations

Issues Responses

Will lot owners without titles get any compensation for land?

Owners of affected lots without proof of ownership will not receive compensation for land. Affected lots that are covered by a Tax Declaration will be accepted as proof of ownership for land and can be treated as Special Case under RA 10752 if the land owner can present (i) proof of open and continuous possession of the land for a period of 30 years and (ii) a DENR Certification that the land is alienable and disposable. None land assets such as structures and crops will be compensated to the recognized owners irrespective of the status of land ownership.

House will be affected and would like to cut the affected trees to rebuild a new house. Is this allowed?

It is illegal to cut trees without corresponding permit from DENR. In due time, the project will apply for a tree cutting permit for PR08. So, better coordinate/discuss with the ROW Team the plan to cut trees when they conduct the validation. Regardless, affected houses will be compensated in cash to the affected owners to enable them to rebuild their houses.

If the house is within the 10m ROW width, but will not be affected, can we still claim for compensation?

If your house is within the 20 m ROW width, it will likely be affected. If affected, compensation will be at replacement cost. DPWH ROW Team will do the validation of Parcellary Surveys and Inventory of Losses (IOL), along with the IPA appraisal that were carried out by

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Issues Responses

the Consultant. Thereafter, results of the validation will be disclosed to the Affected Persons by DPWH.

I have recently replaced the nipa roofing with galvanized iron sheet. Do I get compensated for the newly installed galvanized iron sheet?

Compensation will be provided for all losses without deduction for salvageable materials. DPWH ROW Team will do the validation soon covering the Parcellary Survey and Inventory of Losses (IOL) that were carried out by the Consultant. Thereafter, results of the validation will be disclosed to the Affected Persons then negotiation begins.

We have 2 sari-sari stores, located in 2 barangays. Do I get compensation for both stores?

Yes, you will receive compensation for the 2 structures (sari-sari stores) at replacement cost. A DPWH ROW Team will do validation of Parcellary and Inventory of Losses (IOL) that had been carried out by the Consultant. Thereafter, results of the validation will be disclosed to the Affected Persons by DPWH.

Wall of affected house was removed because it will be rented. Will I get compensation for the wall that was removed?

Yes, you will still receive compensation for the wall that you removed, provided this wall was captured and documented during the conduct of Inventory of Losses. DPWH ROW Team will do validation of Parcellary Survey and Inventory of Losses (IOL) that were carried out by the Consultant. Thereafter, results of the validation will be disclosed to the Affected Persons by DPWH.

When will DPWH conduct the validation? The detailed design was already approved and favorable action to the appeal for a realignment at this moment will be unlikely. At any rate, the structure may not be affected by the 20m ROW. DPWH ROW Team will do validation soon. Thereafter, results of the validation will be disclosed to the Affected Persons.

Where and how to get TIN. Please seek the help of your Punong Barangay/ other barangay officials on the matter of securing TIN.

There are trees that are planted in the cliffs with tag numbers. Are these included for compensation?

It is likely that the trees with tags are included in the list of trees that will be subject of compensation. This will be ascertained when the ROW Team undertakes the validation.

Do we need to provide certification for houses that will be affected?

The concerned Punong Barangay will be requested at the appropriate time to issue certification as to ownership of affected houses. The requirements and process concerning payment of compensation will be disclosed by the ROW Team after validation.

Half of home will be damaged. Request for resurvey

The structure will be compensated in full - based on the technical viability of the residual portion.

Based on previous experience with some contractors, agreement reached are not followed. For this project, who will pay the compensation for affected properties? Is it the sub-contractor?

DPWH, as the implementing agency of PR08 subproject will pay the compensation for affected lots, structures, crops and trees.

Will my constituents be given preference for job hiring once construction starts?

DPWH Department Order No. 130 Series of 2016 provides the guidelines for the Implementation of the Provisions of Republic Act No. 6685 and Republic Act 9710 or the Magna Carta of Women. The Implementing Rules and Regulations mandates that contractors to hire a minimum percentage of 50% of unskilled and 30% skilled manpower requirement from the bona fide residents of the locality and shall be equally accessible to both women and men.

My house will not be affected but a portion of my lot will be affected. Do I get compensation for the lot?

Yes, you will receive compensation for the portion of the affected lot subject to the presentation and validation of proof of ownership.

When will the project implementation start?

The project will be implemented as soon as all requirements of DPWH and ADB are already met.

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Issues Responses

Will the project pay for affected structures on a per square meter basis? How will compensation for houses be determined?

No, compensation for affected structures will not be based on a per square meter basis. The structures will be compensated at replacement cost. That means, payment shall be based on the current market prices of materials, equipment, labor and all other related costs. The new ROW Law (RA1075) provides that the Implementing Agency may engage the services of either a GFI or an IPA to determine the appropriate price offer for the acquisition of ROW through negotiated sale.

In possession of affected lots for more than 30 years.

Tax Declaration cannot be accepted as proof of ownership but could be treated as Special Case under RA 10752 if the land owner can present (a) proof of open and continuous possession of the land for a period of 30 years and (b) a DENR Certification that the land is alienable and disposable.

Compensation for affected structures, plants and trees.

The structures will be compensated at replacement cost. That means, payment shall be based on the current market prices of materials, equipment, labor and all other related costs. Crops and trees on the other hand will be compensated at current market value. The Parcellary Survey, Inventory of Losses (IOL) and IPA Valuation report carried out by the Consultant will be subject to validation by DPWH. Thereafter, results of the validation will be disclosed to the Affected Persons.

77. The primary goal of the coordination meetings and public consultations was to share information concerning the project by presenting to the primary and secondary stakeholders the project background, scope, objectives, benefits, updates, basic resettlement policies (GOP and ADB), cut-off-date and announcement of succeeding resettlement activities. 78. The meetings and consultations also gave the participants the opportunity to respond to the project presentation, present real or perceived issues and allow concerns to surface in an atmosphere free of intimidation or coercion in the open forum segment. 79. The meetings and consultations used the following format (i) welcome/opening remarks by the host LGU, (ii) introduction of DPWH representatives and the DED Consultant(s); iii) brief presentation of the Project and resettlement impacts; iv) overview of DPWH and ADB Policy on social safeguard, and v) open forum. LGU officials and District DPWH helped the consultants in interpreting discussions in Bisaya/Cebuano and other dialects used.

2. Consultations Conducted at Preparation of Updated RIPP

80. On 17-18 November 2019, the DPWH RROW team conducted consultation meetings in the affected barangays of PR 08 (Appendix 9: Minutes of DPWH Validation and Disclosure Activity). Out of 170 participants, about 45% were male and 55% were female. 81. The information presented in these consultation meetings by DPWH included the following matters:

(i) The main objective of the meeting which is to disclose APs compensation package based on the 20m RROW limit.

(ii) The settlement of issues Road Right–of–Way acquisition of the project is fundamental. The affected persons are to be fully compensated prior to demolition/removal of their respective properties.

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(iii) The status of the project, that is about to commence, as long as necessary permits are issued from DENR for Environmental Compliance Certificate (ECC), CENRO for Tree Cutting Permit, NCIP for their clearance and ROW is settled.

(iv) They were informed on the requirements needed for the processing of their payments (i.e. 2 valid IDs (photocopies), Barangay Certificate, TIN # and Affidavit of Absolute Ownership duly notarized

(v) They were informed that the team will conduct face to face interview since the project is in the process of preparing a livelihood restoration program and there is a need to understand their intentions, needs, challenges and preferences so the project can prepare a meaningful program. There is a relocation site within the barangay and relocating APs will be provided with plots if they are eligible. Eligibility would be established after proper evaluation of their individual economic status is undertaken

(vi) The meetings were then opened for questions and comments 82. Table 26 presents the issues and concerns raised by APs during the open forum of the disclosure meetings.

Table 25: Issues and Concerns raised by APs during the Disclosure meetings Issues and Concerns Responses

Barangay Kilalaban, Baliguian

Waiver for structures built within the proposed CADT area.

The recognized tribal leader will sign the waiver.

Compensation for land covered by Tax Declaration.

Owners of affected lots covered only by a tax declaration should present proof of 30 years continuous possession and certification from DENR that the land is alienable and disposable to get compensation.

Barangay Candiz, Siocon

Contractor of the project. DPWH has not yet awarded the project to any contractor. Competitive bidding is planned to take place this year.

Compensation for affected structures.

The affected structures and other improvements will be compensated at replacement cost. Owners will receive100% compensation prior to the removal of the structures.

Assurance that APs will be compensated before the project starts.

The affected persons will be fully compensated prior to demolition/removal of their respective properties. No structures will be removed by the DPWH or the Contractor if Road Right–of–Way issues are not fully settled.

Barangay Tabayo, Siocon

Contractor of the project. DPWH has not yet awarded the project to any contractor. Competitive bidding is planned to take place this year.

When are they going to receive compensation?

The affected structures and other improvements will be compensated at replacement cost. Owners will receive100% compensation prior to the removal of the structures.

Assurance that APs will be compensated before the project starts.

The affected persons will be fully compensated prior to demolition/removal of their respective properties. No structures will be removed by the DPWH or the Contractor if Road Right–of–Way issues are not fully settled.

3. IP Consultation

83. NCIP Validation in R.T. Lim Section. A pre- FBI Conference was held on 07-08 December 2017 at the Interim Provincial Office in Ipil, Zamboanga Sibugay as attended by regional officers and staff of DPWH, NCIP and the DED Consultant. During the conference, procedures of the FPIC process was presented by the NCIP. The DPWH together with the DED Consultant presented the project brief that covered: (a) project background (b) location maps of the seven priority/candidate project roads; (c) description of the entire project and PR08; (d) project updates and (e) Next steps. Pursuant to the agreement during the conference, the FBI

39


Team was constituted and together with the authorized DPWH representative, prepared the work and financial plan for the FBI cum validation proper.

84. The FBI for R.T. Lim section of PR 08 was conducted on 20 September 2018 in the presence of their respective IP traditional leaders and barangay leaders. The Council of Leaders and affected IPs declared that (i) they are happy to learn that there will be compensation for eligible Affected Persons and their rights are fully protected by law. (ii) they are happy and supportive of the proposed PR08 project because once the road concreting is implemented, it would be easier for them to transport their goods to the nearby (iii) all affected IPs have expressed full support to the proposed project given that it is a priority need and would be beneficial to the community and (iv) PR08 would be part of development of their ancestral domain. Based on the result of the validation, the FBI Team strongly recommended for the issuance of the CP in favor of the DPWH. Based on the result of the validation, the FBI Team strongly recommended for the issuance of CP in favor of the DPWH. See Appendix 10: FBI Report on PR08: R.T. Lim- Siocon Road (R.T. Lim Section).

85. NCIP Validation in Siocon and Baliguian Sections. A pre- FBI Conference was held on 08 May 2018 at the NCIP Liloy Community Service Center, Liloy, Zamboanga del Norte as attended by regional officers and staff of DPWH, NCIP and the DED Consultant. During the conference, procedures of the FPIC process was presented by the NCIP. The DPWH together with the DED Consultant presented the project brief that covered: (a) project background (b) location maps of the seven priority/candidate project roads; (c) description of the entire project and PR08; (d) project updates and (e) Next steps. Pursuant to the agreement during the conference, the FBI Team was constituted and together with the authorized DPWH representative, prepared the work and financial plan for the FBI cum validation proper. 86. The FBI for Siocon and Baliguian sections of PR 08 was conducted on 24 August 2018 in the presence of their respective IP traditional leaders and barangay leaders. The Council of Leaders and affected IPs declared that (i) portions of PR08 are within the registered CADT of Siocon (ii) council leaders and IP members strongly support the proposed PR08 project because concreting of road would be a realization of a long-time dream of the community (iii) all affected IPs have expressed full support to the proposed project given that their rights are fully protected by law. Based on the result of the validation, the FBI Team strongly recommended for the issuance of the CP in favor of the DPWH. Based on the result of the validation, the FBI Team strongly recommended for the issuance of CP in favor of the DPWH. See Appendix 11: FBI Report on PR08: R.T. Lim Siocon Road (Baliguian and Siocon Sections). 87. The Certification Precondition was finally issued on 26 December 2019 at NCIP Regional Office, Raiza Bldg., Lumbia District, Pagadian City, Zamboanga del Sur. B. Disclosure 88. DPWH shall submit the following documents for disclosure on ADB’s website:

(i) The Draft RIPP as endorsed by DPWH; (ii) Updated RIPP upon (a) finalization of the DED, (b) completion of valuation report by

an independent appraiser, and (c) DPWH validation as endorsed by DPWH; (iii) A new or updated RIPP and corrective action plan prepared during project

implementation, if needed; and (iv) Semi-annual monitoring reports.

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89. During the formation of the Municipal RIC on the following dates: (i) R.T. Lim- 24 April 2019; (ii) Siocon- 06 May 2019; and (iii) Baliguian- 05 May 2019, an updated PIB was distributed in the project area. The PIB was translated by DPWH. Information in the PIB includes the project name, cut-off date, eligibilities and compensation/entitlements. GRM procedures and focal persons. As disclosed during the previous consultations among the APs and local officials, the cut-off date of PR08 was on 23 August 2017. The translated PR08 PIB is attached in Appendix 12: PIB in Local Language. 90. DPWH disclosed that the final RROW limit is 20m during consultations conducted from 17-18 November 2019. The compensation package was likewise discussed as well as the needed requirements in processing the compensation. Resettlement issues like relocation and livelihood survey were also discussed (See DPWH Validation and Disclosure in Appendix 9). C. Consultation, Disclosure and Information Dissemination during RIPP Implementation 91. Meaningful consultation and disclosure activities will continue during project and RIPP implementation. Various means of communication can be applied depending on the communication objectives. Forms of communication will include public consultation meetings, small group discussion meetings with specific groups on certain issues (such as focus group discussions), as well as printed material such as information brochures and copies of reports. 92. Communication will take in to account the language needs of different audiences. There are different ethnic groups residing in the project areas. While Cebuano is commonly spoken in addition to their own ethnic languages. Levels of literacy may vary amongst community members. Literacy in local ethnic languages is not common. Community meetings should take consideration of this, using appropriate vocabulary and local languages. 93. Gender participation needs to be promoted across all project communications. Invitation notices to such meetings should indicate the names of both spouses. Attention should be given to the need for separate women’s meetings on critical issues, such as resettlement and livelihood restoration. The level of women’s participation in meetings should monitored and consideration given to conducting dedicated meetings for women if participation levels are low.

94. The requirements for consultation and disclosure along with roles of key implementers stakeholders and timing are presented in Table 27.

Table 26: Roles and Responsibilities for Consultation and Participation

Activity Target Audience Objectives / Means of

Communication Responsible Timing

Source of Funds

IP Specific

FPIC Local IP communities and their elders/ leaders

- Presentation of project description, impacts and mitigation measures.

- Consensus building/ decision making. Consultation meetings.

- Separate meetings with IP traditional leaders.

NCIP with DPWH (UPMO, ESSD, DEO)

Completed at RIPP updating

- Project supervision consultant

- GOP counterpart; DPWH (UPMO, ESSD, DEO)

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Source of Funds

Disclosure of updated RIPP

- Affected ICCs;

- Stakeholders (including NGOs and traditional leaders)

- Present RIPP

- Consultation meetings

- Additional separate meetings with IPs and traditional leaders.

- Public posting of updated PIB; Copy distributed to NCIP (Regional Office) by DPWH.

- DPWH

- NCIP

Completed at RIPP updating

General public Public disclosure on ADB’s website

ADB

Following approval of RIPP

Disclosure of External Monitoring Reports

IP leaders/ICCs, NGOs, LGU, NCIP

- Uploaded on ADB website

- Copy distributed to NCIP-RO by DPWH.

- ADB

- DPWH

Upon submission of monitoring reports

Disclosure of Internal Monitoring Reports

Uploaded on ADB website.

ADB Upon submission of monitoring reports

Resettlement

Disclosure of draft RIPP and entitlements

AHs - Dissemination of the updated PIB, including compensation and entitlements, cut-off date, GRM procedures and contact details for focal persons

- Consultation meetings

- PIB

DPWH (UPMO, ESSD, DEO)

Prior to ADB submission and DPWH endorsement

- Project supervision consultant

- GOP counterpart; DPWH (UPMO, ESSD, DEO)

Disclosure of updated RIPP

- AHs,

- Communities in project areas;

- Agencies involved in RIPP implementation

- Dissemination of RIPP to all barangays in project areas and agencies involved in RIPP implementation.

- Copy distributed to Regional Office by DPWH.

- DPWH (UPMO, ESSD, DEO)

Following approval of RIPP by Government and ADB

General public Public disclosure on ADB’s website

ADB

Resettlement impacts

AHs Group and individual discussions with relocating AHs on options details and assistance entitlements.

- DPWH, (UPMO, ESSD, DEO)

- LGU

Following DMS validation

Livelihood development

AHs eligible for livelihood

- Group discussions on livelihood restoration

- Consultant,

- DPWH (UPMO,

- During RIPP updating and

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Source of Funds

restoration assistance

strategy, including proposed options.

- Needs and preference assessment.

ESSD, DEO) and

- Other government agencies

- Throughout RIPP implementation

Entitlements, eligibility and compensation rates and LRP

AHs - Public consultation meetings.

- Distribution of PIB to APs

- DPWH (UPMO, ESSD, DEO)

- IPA

- Consultant

Following finalization of updated RIPP

Implementation schedule of resettlement plan and civil works

AHs Public consultation meetings

DPWH (UPMO, ESSD, DEO)

Ongoing prior to implementation and upon significant change in implementation schedule.

Compensation disbursement schedule

AHs Notices to individual households

- DPWH

- Land bank or any Authorized Government Depository Bank (AGDB)

Minimum 1 week prior to disbursement

Relocation arrangements

- Households required to relocate

- Local authorities

- Group discussions and

- Individual consultations as needed.

- DPWH

- LGU and

- AHs

Upon final approval of updated RIPP onto completion

Disclosure of External Monitoring Reports

- Public,

- Local authorities

Uploaded on ADB website.


Disclosure of Internal Monitoring Reports

Public Uploaded on ADB website.


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V. GRIEVANCE REDRESS MECHANISM 95. The project will establish a project level GRM to receive and resolve project related concerns, complaints, and grievances. All complaints received in writing (or prepared in written form, when received verbally) from the APs shall be properly documented. All complaints shall be acted upon immediately and addressed through negotiation processes to arrive at a consensus, pursuant to the procedures detailed below. 96. There are three levels of grievance redress open to APs and other stakeholders during the RIPP implementation. 97. Level I - Municipal Level – AP representatives, representatives of affected Barangays and LGU Stakeholders shall comprise a grievance redress committee (GRC) to be set up and shall meet in case a complaint is lodged. A designated barangay representative will be responsible for registering the complaints and grievances. A decision should be made within 15 calendar days after receipt of the complaint. The AP or stakeholder will be informed in writing of the decision within two working days. The committee will be chaired by the Municipal Mayor. If the Municipal Mayor is an AP, the chair of the committee may be represented by the deputy. The grievance shall be filed by the AP (or the Punong Barangay) with the chairperson of the municipal grievance level committee. A record of the grievance will be provided to the Municipal RIC within a working day of receipt by the municipal level Grievance Committee chairperson. 98. Level II - DPWH Regional Office level - If not satisfied by the municipal level committee, the AP can appeal before the DPWH Regional Office. The Regional Office has 10 calendar days within which to resolve the complaint. The resolution will be officially communicated in writing to the AP within five working days from the date of the issuance of the decision. 99. Level III - DPWH PMO Level – If the decision by the Regional Office is not satisfactory to the AP, then the complainant may appeal to the DPWH Project Management Office through the DPWH ESSD. The complaint shall be resolved within 15 calendar days and the decision shall be communicated in writing within seven working days. 100. Legal Procedures – At any stage of the grievance redress process (Levels I to III), if the decision is unsatisfactory, an aggrieved person is free to take the matter to an appropriate court of the Republic of the Philippines for adjudication. 101. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as described in the DPWH IRoW Procedural Manual, 1 April 2003, as outlined below:

(i) Complaints against local government executives shall be filed with the Department of Interior and Local Government (DILG).

(ii) Complaints against subordinate officials shall be filed with the office of the local chief executive concerned.

(iii) Complaints against officials of other national agencies may be filed with the office of the Presidents, or the office of the Ombudsman.

(iv) Aggrieved parties may also direct their complaints to and/or seek the assistance of the Commission on Human Rights (CHR) or the Presidential Commission for the Urban Poor (PCUP).

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102. IP Grievance Redress Procedure. Conflicts within the affected IP community will be addressed within the community itself in the context of its customary law and customary dispute resolution process and mechanisms, in the presence of the relevant staff of the NCIP office with jurisdiction over the area, and if so invited, project-related staff and other stakeholders, e.g. formal local leadership in the barangay and/or the municipality. 103. The Subanon ICC is comprised of sub-tribes like the Apu Manglang sub-tribe of sitio

Canatuan, Barangay Tabayo belonging to the larger Subanons of the Siocon CADT. In case there are conflicts among the ICCs/IPs, the one who settles the disputes are the Timuays in the area with proper consultation from the Gukom18 or traditional justice group. The Timuay is the highest leader in the Subanon tribe and responsible for maintaining mutual respect among the ICCs/IPs. In case any part or the whole ancestral domain will be affected by the project, it is the Gukom of the affected ancestral domain who will decide through consensus decision among all Timuays with consultation from the ICC members.19 The Gukom is not a permanent body, but is a gathering of the leaders of local territories. 104. Intercommunity conflicts will be addressed between the communities themselves, according to their customary or agreed upon dispute resolution processes and mechanisms. If an outside facilitator, mediator, or arbiter is required or requested for, the UPMO and project implementing and monitoring units in the field will seek the intervention of the NCIP to act as facilitator, mediator, or arbiter. This guideline applies to conflicts or disputes between the IP community and any of the project units and implementers. 105. The social safeguards focal person at the DEO with the assistance of regional and central office counterparts shall document the proceedings of the discussion or negotiations. This is in addition to the documentation done by the IP community themselves and by the NCIP. If no satisfactory result or impasse results, the IP communities shall be allowed to elevate their complaints and grievances to the RIC. The grievance procedure established herein in no way substitutes for or replaces the grievance procedure set forth in The FPIC Guidelines of 2012. At their choosing, the IPs may avail of the grievance procedure and mechanisms spelled out in The FPIC Guidelines of 2012. 106. ADB’s Accountability Mechanism. In addition to the project GRM which is the responsibility of a project executing agency, ADB’s accountability mechanism (May 2012) also applies to the project, for which ADB is responsible. The accountability mechanism provides opportunities for people that are adversely affected by ADB-financed projects to express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguard policies. ADB’s accountability mechanism comprises of (i) consultation led by ADB’s special project facilitator to assist people adversely affected by ADB-assisted projects in finding solutions to their concerns and (ii) providing a process through which those affected by projects can file requests for compliance review by ADB’s Compliance Review Panel.

18 Fiel, Tito Natividad. Tabayo, Siocon: Subanon Chieftain Receives Registered Ancestral Domain Title. Philippine Indigenous Peoples Links. 27 May 2008. 19 Appendix 11: FBI Report on PR-08: R.T. Lim-Siocon (Baliguian and Siocon Sections).

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VI. LEGAL AND POLICY FRAMEWORK A. Relevant Laws and Regulation in the Philippines 107. The Philippine Constitution specifically provides for the following:

(i) Article III, Section 9: “Private property shall not be taken for public use without just compensation.”

(ii) Article XII, Section 5: “The State...shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. By an act of Congress, customary laws governing property rights or relations can be applied in determining the ownership and extent of ancestral domains.”

1. Involuntary Resettlement

108. Republic Act (RA) 10752 - An Act to Facilitate the Acquisition of Right-Of-Way (ROW), Site or Location for National Government Infrastructure Projects – The law took effect on April 03, 2016 and its Implementing Rules and Regulations (IRR) became effective on 07 August 2017 repealing and RA 8974. The IRR of this law aims to expedite the implementation of infrastructure projects. With its implementation, it is expected to reverse the pattern of expropriation as a preferred mode of acquisition, which is usually a long-drawn process. The new law provides clear and simple ROW acquisition guideline which benefits both the property owners/project-affected persons (PAPs) and Implementing Agencies (IAs). Section 4 of the Act explicitly states that the modes of acquiring real property are: (i) donation, (ii) negotiated sale, and (iii) expropriation. Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers (IPA) which help promotes objective property valuation. The assumption by the IA of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government. 109. Negotiated Land Acquisition. Negotiated sale is the preferred mode of ROW acquisition (after voluntary land donation) and should be explored before resorting to expropriation. RA 10752 aims to make negotiated sale more attractive than expropriation, since the process reduces negotiation time and provides realistic prices. It replaces the previous lengthy and cumbersome two-step procedure under RA 8974, where the implementing agency – in this case DPWH - makes the first offer to the property owner based on BIR Zonal Value, considered unattractive because the value is often low and second, the offer is made based on the fair market value, but most IAs lack the necessary competence to determine. 110. Under RA 10752, DPWH shall immediately offer (first and final) to the owner, as compensation price, the sum of (i) the current fair market value of the land, (ii) the replacement cost of structures and improvements, and (iii) the current fair market value of crops and trees. To determine the appropriate price offer, the DPWH may engage the professional services of a GFI or IPA. The DPWH may use the GFI/IPA appraisal reports, as duly validated, as one of bases of DPWH’s price offer for negotiated sale. DPWH is encouraged to develop its in-house personnel capable of validating appraisal reports. The assumption by the DPWH of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government. 111. DPWH shall pay the property owner (i) Fifty percent (50%) of the negotiated price of the affected land, exclusive of the payment of unpaid taxes remitted to the LGU concerned and (ii) Seventy percent (70%) of the negotiated price of the affected structures. improvements, crops

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and trees, exclusive of unpaid taxes remitted to the LGU concerned. DPWH shall pay the property owner the remaining fifty percent (50%) of the negotiated price of the affected land after the transfer of title in the name of the Republic of the Philippines, in cases where the land is wholly affected and at the time of the annotation of a deed of in cases where the land is partially affected. DPWH shall pay the remaining thirty percent (30%) of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned after the land is already completely cleared of structures, improvements, crops and trees. 112. ROW acquisition starts with the validation of PS Report and approved social safeguard document/plan where the number and names of property owners and other relevant information will be determined. The validated PS Report and social safeguards document/plan together with the GFI/IPA appraisal reports, DPWH can start the preparation of Notice of Taking pursuant to Negotiated Sale Mode of Acquisition under RA10752. Within 30 days, negotiation either succeeds or fails. A successful negotiation would mean execution of Deed of Absolute Sale, and DPWH can secure a Permit to Enter. A failed negotiation on the other hand would mean DPWH can initiate expropriation proceedings. 113. Based on the price for negotiated sale set in the validated and approved social safeguards document/plan, send the letter-offer to the owner, informing him that, if he rejects the offer or fails to respond with complete documents within 30 days, DPWH shall initiate expropriation proceedings. 114. It also streamlines the expropriation process if negotiation fails. The improved process requires (a) complete documentation to support the expropriation complaint, (b) provides for the immediate deposit of the value of the property allowing prompt release of payment to the owners and (c) provides immediate issuance of Writ of Possession upon deposit of the value of the property, which will enable early project implementation. 115. Additionally, the law greatly improves budget preparation for ROW acquisition and project implementation allowing a wide range of ROW budget allocation to cover cost items such as PSs, property appraisal, compensation/entitlements, resettlement to include planning, social preparation, land development, housing construction, provision of basic services, community facilities, resettlement action plan activities and other related expenses of the IA including capital gains tax (CGT), documentary stamp tax (DST) and transfer tax. 116. DPWH Right-of-Way Acquisition Manual (DRAM), December 2017. This ROW Manual based on the RA 10752 and other legal references, replaces the earlier one of 2003. For the procedures for ROW acquisition, it lists acquisition through donation and acquisition through negotiated sale, among others. The DRAM covers the entire ROW acquisition process – including (a) Project Feasibility Study with Environmental Impact Assessment and preparation of Preliminary ROW Action Plan (RAP) with property appraisal, (b) inclusion of the Project in the Medium-Term Infrastructure Program, (d) provision of appropriations in the General Appropriations Act (GAA), (e) Fund Release, (g) Detailed Engineering Design (DED) including Parcellary Surveys and preparation of Final RAP, (h) RAP Validation, (i) Actual ROW Acquisition through Donation, Negotiation, Expropriation, and Other Modes, (j) Payments, (k) Transfer of Title to the Republic, (l) Clearance of ROW, and (m) Management of ROW. The DRAM serves as a guide for the Government Financial Institutions (GFIs) and Independent Property Appraisers (IPAs) in determining the appropriate price offers to property owners affected by ROW acquisition. 117. Other laws and policies ranging from Executive Orders, Administrative Orders and DPWH Department Orders are as follows:

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(i) Executive Order (EO) 1035. Specifically, the order stipulates (i) the provision of

financial assistance to displaced tenants, indigenous peoples, and settlers equivalent to the average annual gross harvest for the last 3 years and not less that PhP15, 000 per ha, (ii) disturbance compensation to agricultural lessee’s equivalent to 5 times the average gross harvest during the last 5 years, and (iii) Compensation for improvements on land acquired under Commonwealth Act 141.

(ii) The Comprehensive Agrarian Reform Law Republic Act 6657 (1988). Section 28 provides that landowner shall retain his share of any standing crop un-harvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given a reasonable time to harvest.

(iii) DPWH Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP) (March 2007) The LARRIP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. The LARRIP enumerates the entitlements and benefits that Affected Families (AFs) or Project Affected Persons (PAPs) should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan.

(iv) Commonwealth Act 141 Section 112 or Public Land Act - prescribes a twenty (20) meter strip of land reserved by the government for public use, with damages being paid for improvements only. b. Presidential Decree 635 amended Section 112 of CA 141 increasing the width of the reserved strip of twenty (20) meters to sixty (60) meters. ii. Quit claim where the Government has the right to acquire a 20 to 60 m width of the land acquired through CA 141. Only improvements will be compensated. a. Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the

other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW 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] except

b. for improvements at replacement cost. (v) MO 65, Series of 1983 Easement of ROW where the owner is paid the land value

for the Government to use the land but the owner still retains ownership over the land.

(vi) Republic Act 6389 provides for disturbance compensation to agricultural lessees equivalent to 5 times the average gross harvest in the last 5 years.

(vii) Article 1137, Civil Code Art. 1137. Ownership and other real rights over immovable also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. (1959a) the provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription (1963).

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(viii) DPWH Department Order 65 s. 2016 as part of the continuing effort of DPWH to streamline its operations, decentralize and rationalize the ROW operations, Department Order no. 19, s. 2017, was reissued essentially delegating to regional directors the approval/signing of documents pertaining to infrastructure right-Of-way (row) for national projects including the approval for payments of claims and signing of checks. The DO also reiterates that the ROW functions are delegated, and a system of deploying ROW task forces UPMO-ROW activities and their approving authorities shall continue to be governed by Department Order (DO) No. 203, s. 2016, and Special Order (SO) No.1, s. 2017. This Order also supersedes D.O. 19 (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003) (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003), and all other department orders and policies, or portions thereof, contrary to or inconsistent with this Order are amended accordingly.

(ix) DPWH Department Order (DO) No. 203 s. 2016 Creation of Unified Project Management Office Right of Way (UPMO-ROW) Task Force. Recognizing that implementation of urgent national roads, bridges and various flood control projects are hampered by the delay in the right of way acquisition a Task Force on UPMO-ROW and Technical Working Group (TWG) are created. The Task force will be headed by the Undersecretary for UPMO Operations, the Vice Chairman Director Legal Service and Technical Working Group members to be composed of ROW Task Force. The DO also defines the functions of the UPMO Task Force and TWG, processing and payment of valid claims, submission of documents, records keeping and signing authority.

(x) DPWH Special Order (SO) No.1 s.2017 In line with the issuance of DO No. 203 s. 2016, this Order re Composition of Unified Project Management Office ROW Task Force was issued. The UPMO ROW Task Force will be supported by a TWG to be represented by the representatives of the members of the Task Force. The Functions of the ROW Task force are (i) organize a technical working ROW Team for each UPMO cluster that will handle ROW acquisition of its projects, to be headed by its Project Manager assigned to the project (ii) monitor the row acquisition (iii) execute and recommend appropriate resolutions pertaining to ROW payment and (iv) review the validation of supporting undertaken by its TWG.

(xi) DPWH Department Order No. 34 s. 2007 to streamline and standardize its operating procedures DPWH issued the department order was issued to simplify the guidelines for the validation and evaluation of Infrastructure right-of-way claims. The Guidelines is in line with the provisions of the DPWH IROW Procedural Manual adopted under Department Order No.5, s. 2003, as amended, particularly in the validation and evaluation of claims for IROW acquisitions.

(xii) DPWH Department Order No.5 s. 2003 this order was issued to identify, acquire, and manage right-of-way (ROW) efficiently and in a timely manner for the implementation of infrastructure projects, an improved IROW process was adopted, among others, (i) it shall be applicable to all foreign-assisted and locally funded projects. (ii)The Implementing Office (I0) shall ensure that IROW costs are always included in project budgets. (iii) All ROW must be fully acquired and cleared before the issuance before the Notice of Award for the project.

(xiii) DPWH Department Order No. 130 Series of 2016 provides the guidelines for the Implementation of the Provisions of Republic Act No. 6685 and Republic Act 9710 or the Magna Carta of Women. The Implementing Rules and Regulations mandates that contractors to hire a minimum percentage of 50% of unskilled and 30% skilled

49


manpower requirement from the unemployed bona fide residents of the locality and shall be equally accessible to both women and men.

(xiv) NHA Memorandum Circular No.2427 s. 2012 as enabler and facilitator in the housing delivery process under RA7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementer with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management.

118. NHA Memorandum Circular No.2423 s. 2012 given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples to improve their living conditions and uplift their well-being through the provision of decent shelter. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP Community and NHA. 2. Indigenous People 119. The Indigenous Peoples’ Rights Act (IPRA) of 1997. IPRA sets conditions, requirements, and safeguards for plans, programs, and projects affecting IPs. The important provisions of IPRA are:

(i) Right to their ancestral domains. (Chapter III, Section 11); (ii) Right to an informed and intelligent participation in the formulation and

implementation of any project, government or private, that will impact upon their ancestral domains; (Chapter III, Section 7b);

(iii) Right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them; (Chapter IV, Section 16);

(iv) Right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private; (Chapter III, Section 7b);

(v) Right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and indigenous cultural communities (ICC) concerned; (Chapter III, Section 7c);

(vi) Right to be secure in the lands to which they have been resettled; (Chapter III, Section 7d);

(vii) Right to determine and decide their own priorities for the lands they own, occupy, or use; (Chapter IV, Section 17);

(viii) Right to maintain, protect, and have access to their religious and cultural sites; (Chapter IV, Section 33);

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120. NCIP has issued number of AO that puts into operation the provisions of IPRA. The most important AO for purposes of this RIPP is NCIP AO No. 3 or the Revised Guidelines on FPIC and Related Processes of 2012. 3. Other Laws and Guidelines 121. Other laws that impinge on social safeguards are:

(i) Republic Act 7279 is an act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes. The law also provides that local government units in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places as sidewalks, roads, parks, and playgrounds. The local government unit, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families.

(ii) NHA Memorandum Circular No.2427 s. 2012 as enabler and facilitator in the housing delivery process under RA7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementer with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management.

(iii) NHA Memorandum Circular No.2423 s. 2012 given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP Community and NHA.

(iv) Republic Act 8972 or the Solo Parent’s Welfare Act provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs.

(v) Addressed in para 156and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes.

(vi) Republic Act No. 9442 is an act amending Republic Act No. 7277, otherwise known as the Magna Carta for disabled persons, and for other purposes.

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(vii) Republic Act No. 9710 with Implementing Rules and Regulation is an act providing for the Magna Carta of Women.

(viii) Republic Act 6685 (1988) Requires private contractors who are awarded national or local projects to hire at least fifty percent (50%) of the unskilled and at least thirty percent (30%) of the unskilled labor requirements from the available bona fide residents of the province, city or municipality where the projects are to be undertaken.

(ix) Batas Pambansa Blg. 344 is an act requiring certain buildings, institutions, establishment and public utilities to install facilities and other devices to enhance the mobility of disabled persons

(x) Republic Act 7432 (1992) An Act to maximize the contribution of Senior Citizens to nation building, grant benefits and special privileges and for other purposes provides the privileges for senior citizens such as grant of 20% discount from all establishments relative to the utilization of transportation services, hotels and similar lodging establishments, restaurants and recreation centers and purchase of medicine anywhere in the country.

(xi) RA 9054 of 2001, or the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM), The Regional Government as devolved to local government units adopts measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions among its inhabitants in the spirit of unity in diversity and peaceful co-existence. It undertakes measures to protect the ancestral domain and the ancestral lands of indigenous cultural communities. The phrase "indigenous cultural community" refers to Filipino citizens residing in the Autonomous Region who are Tribal peoples as well as Bangsa Moro people regarded as indigenous on account of their descent from the populations that inhabited the country or a distinct geographical area at the time of conquest or colonization and who, irrespective of their legal status.

(xii) DPWH Memorandum Circular No. 2423 or the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples (April 18, 2012). In recognition of RA 8371 or the Indigenous Peoples Rights Act of 1997, NHA has issued Circular 2423 to assist IPs improve their living conditions and uplift their well-being through provision of decent shelter. The projects under this program are implemented as LGU projects in coordination with NCIP and project development plans shall be jointly approved by the LGU, NHA and the IP community. NHA’s fund assistance for said program is considered as grant to (i) all municipalities (ii) 5th and 6th class cities and 5th and 6th class provinces to cover land development or housing construction and technical assistance.

B. ADB Policies 122. Involuntary Resettlement. According to ADB’s Safeguard Policy Statement (SPS), the objectives of the ADB safeguards policy are to avoid involuntary resettlement (IR) whenever possible; to minimize involuntary resettlement by exploring project and design alternatives; and to enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups. 123. The IR safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether

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such losses and involuntary restrictions are full or partial, permanent or temporary. ADB-supported projects are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks. 124. The absence of legal title to land cannot be considered an obstacle to compensation and rehabilitation privileges per ADB policy. All persons affected by the project, especially the poor, landless, and semi-landless persons shall be included in the compensation, resettlement, and rehabilitation package. APs and/or AHs, whichever is deemed applicable, who are unable to demonstrate a legalizable or recognizable claim to the land being acquired will be eligible for compensation with respect to non-land assets only, and not the land itself. They will however be provided with other benefits and allowances as provided to other APs. 125. The following ADB SPS principles on involuntary resettlement are stipulated and will also apply to the project:

(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts, and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas

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provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

126. Indigenous Peoples. Under the ADB safeguards policy of 2009, the main objective with respect to IP is to design and implement projects in a way that fosters full respect for IP identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the IPs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. IP safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of IPs or affects the territories or natural or cultural resources that IPs own, use, occupy, or claim as an ancestral domain or asset. 127. ADB’s SPS for indigenous people’s requirements include: (i) consultation and participation; (ii) social impact assessment; (iii) indigenous peoples planning; (iv) information disclosure; (v) GRM; (vi) monitoring and reporting; and (vii) unanticipated impacts. These requirements are anchored upon the following safeguards policy principles for indigenous peoples:

(i) Screen early on to determine (i) whether Indigenous Peoples are present in, or have collective attachment to, the project area; and (ii) whether project impacts on Indigenous Peoples are likely.

(ii) Undertake a culturally appropriate and gender-sensitive social impact assessment or use similar methods to assess potential project impacts, both positive and adverse, on Indigenous Peoples. Give full consideration to options the affected

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Indigenous Peoples prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected Indigenous Peoples that are culturally appropriate and gender and inter-generationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on Indigenous Peoples.

(iii) Undertake meaningful consultations with affected Indigenous Peoples communities and concerned Indigenous Peoples organizations to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected Indigenous Peoples communities in a culturally appropriate manner. To enhance Indigenous Peoples’ active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the Indigenous Peoples’ concerns.

(iv) Ascertain the consent of affected Indigenous Peoples communities to the following project activities: (i) commercial development of the cultural resources and knowledge of Indigenous Peoples; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of Indigenous Peoples. For the purposes of policy application, the consent of affected Indigenous Peoples communities refers to a collective expression by the affected Indigenous Peoples communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities.

(v) Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected Indigenous Peoples communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared.

(vi) Prepare an Indigenous Peoples plan (IPP) that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected Indigenous Peoples communities. The IPP includes a framework for continued consultation with the affected Indigenous Peoples communities during project implementation; specifies measures to ensure that Indigenous Peoples receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures.

(vii) Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected Indigenous Peoples communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected Indigenous Peoples communities and other stakeholders.

(viii) Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that

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Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.

(ix) Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, taking into account the baseline conditions and the results of IPP monitoring.

(x) Disclose monitoring reports. Participation of women and that their needs are explicitly addressed in the decision-making process for development activities. Other policies of the ADB that have bearing on resettlement planning and implementation are the Public Communications Policy (2011) and Accountability Mechanism (2012).

C. Gap Analysis and Project Principles 128. Under RA 8974, there are different modes of acquiring title to, and ownership of, private property particularly real estate property, as well as the modes of acquiring right to use private property for another purpose. RA 8974 specifies the following methods: Donation, Quit Claim, Exchange or Barter, Negotiated Sale or Purchase, Expropriation and any other modes of acquisition authorized by law. The law provides the different bases for land valuation. The Implementing Agency shall negotiate with the owner for the purchase of the property by offering first the current zonal value issued by the Bureau of Internal Revenue for the area where the private property is located. The law also states that valuation of the improvements and/or structures on the land to be acquired shall be based on the replacement cost which is defined as the amount necessary to replace the structure or improvement based on the current market prices for materials, e overhead, and all other attendant costs associated with the acquisition and installation in place of the affected improvements/ installation. 129. The first Land Acquisition, Resettlement and Rehabilitation (LARR) Policy was formulated in 1999 specifically for the World-Bank assisted First National Road Improvement and Management Program (NRIMP). Thereafter, the LARR Policy of 1999 was adopted, with some modifications in pursuance to prevailing laws and policies, by other financing institutions such as the Asian Development Bank (ADB) and the Japanese Bank International for Cooperation (JBIC) in their projects. A second edition of the LARR Policy was formulated in 2004 for projects under the ADB-funded Sixth Road Project. 130. The Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP; 2007 3rd Edition) Framework is based on RA 8974 and the Infrastructure Right-of-Way (IROW) Procedural Manual was extracted from the LARRIPP. To ensure uniformity of standards in Resettlement Planning, these contain the DPWH’s Indigenous Peoples Policy, based on the Indigenous Peoples’ Rights Act (IPRA) and NCIP Administrative Order No. 1, series of 2006 or the Free and Prior, Informed Consent Guidelines of 2012. LARRIPP provides guidance in preparing resettlement plans and safeguard instruments for Indigenous Peoples (IPs) affected by all types of infrastructure projects implemented by the DPWH, whether foreign or locally funded. 131. The LARRIPP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. It enumerates the entitlements and benefits that affected households should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It reiterates RA 8974 as to modes of acquiring title and valuation of assets. It expounds

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on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIPP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan. The DPWH Social and Environmental Management Systems (SEMS) Policy Framework and Operations Manual is similarly anchored on LARRIPP. 132. Republic Act (RA) 10752 of 2016 provides clearer and simpler ROW acquisition guideline which benefits both the property owners/project-affected persons (APs) and Implementing Agencies (IAs). Section 4 of the Act explicitly states that the modes of acquiring real property are: (i) donation, (ii) negotiated sale, and (iii) expropriation. Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers which help promotes objective property valuation. The assumption by the IA of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government. 133. RA 10752 Annex A. #4 Standards and Specifications reiterates but provides more clarity to RA 8971 and the LARRIPP. In providing the services and delivering the desired outputs, the GFI/IPA shall observe the following standards and specification listed under Sec 7 of RA 10752:

(i) The classification and use of which the property is suited; This shall be based on, among other things, the latest approved land use plan and/or zoning ordinance, if any, of the city or municipality concerned.

(ii) The development cost for improving the land; this shall be based on, among other things, the records and estimates of the City or Municipal Assessor concerned, GFI or IPA for similar or comparable lands.

(iii) The value declared by the owners; this shall be based on the value shown in the owners’ latest Tax Declaration Certificates or Sworn Statements.

(iv) The current selling price of similar lands in the vicinity; This shall be based on, among other things, the latest records on Deed of Sale for similar lands in the office of the Register of Deeds concerned.

(v) The reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of improvements thereon; this shall consider, among other things, the replacement cost of improvements at current market prices as provide in Sec 6.6 of the IRR.

(vi) The size, shape or location, tax declaration and zonal valuation of the land; These shall be based on, among other things, the latest records on Deed of Sale in the Register of Deeds, tax declaration by the City or Municipal Assessor, zonal valuation of the BIR for comparable properties.

(vii) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and

(viii) Such facts and events so as to enable the affected property owners to have sufficient funds to acquire similarly situated lands of approximate areas as those required from them by the government, and thereby rehabilitate themselves as early as possible.

134. Under the ADB-SPS (Appendix 2, Para 10), the rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv)transitional and restoration costs; and (v) other applicable payments, if any.

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135. Based on the key elements of SPS replacement cost and the specifications of valuation for land, structures, trees and crops under RA 10752 (Para 126), there was found to be no gap on replacement cost considerations for full compensation. 136. The policies of the Government to acquire land, improvements, crops and trees at replacement cost using current market value has significantly improved as compared to RA 8974. A gap-analysis and gap-filling measures have been prepared and provided in Table 28.

Table 27: Involuntary Resettlement Gap Analysis

ADB Policy GOP Laws Gap Gap-Filling Measure

1. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

Under RA 10752, APs will be paid in two instalments for their affected properties. Initially, they will be paid 50% of compensation due for their affected lands and 70% of compensation due for structures and crops found on their affected lands. The balance in compensation for the land and improvements will be paid to the APs only after the acquired lands have been cleared of all improvements (i.e., structures, trees, and crops).

Mode of payment/ compensation for affected assets/ properties.

The APs will be paid 100% compensation prior to removal of assets and properties. The APs will not be displaced until after they have received in full the compensation and applicable allowances due to them.

However, DPWH ESMS Section 9.4.1 states that "The APs will not be displaced until after they have received in full the compensation and applicable allowances due to them".

Also, DPWH LARRIPP 2007 Chapter VIII, Monitoring and Evaluation, includes the question in the checklist for internal monitoring of RAP implementation about the timely delivery of compensation and entitlements "Have AF's (affected families) received payment for affected structures and lands on time?"

GOP Laws and the DPWH SES recognize land donation as a modality for land acquisition.

Land donation not within the scope of ADB SPS of 2009.

Land donation will not be applied.

2. Severely affected persons/ HHs: When the loss of the AP is equivalent to 10% or more of its total productive assets (e.g., farmland, fish farm) and incomes from other sources (e.g., business/ shops), and/or when the AP losses its house totally and must reorganize behind the right-of-way or relocate elsewhere

B. Marginally-affected APs: is the portion of the property to be affected is only partial or less than 20% of the total area and the remaining portion of the property or asset is still viable for continued use. However, if the property to be affected is less than 20% but the remaining portion is no longer viable for continued use will also be reclassified as severely- affected.

There is difference in usage of severity.

Marginally-affected APs with Affected Productive Assets example farmland and income from other sources (business/shop) will be reclassified as severely affected – losing 10% or more of productive assets.

3. Compensation for non- PAPs without legal entitlement to PAPs without legal PAPs who do not have

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ADB Policy GOP Laws Gap Gap-Filling Measure

land assets. PAPs who have neither formal legal rights nor recognizable claims to affected land they occupied, are to be compensated for the loss of assets other than land, and for other improvements to the land, at full replacement cost, provided they occupied the project area prior to the project cut-off date.

affected land will be eligible for compensation for structures and improvements with following criteria:

- Must be a Filipino citizen;

- Must not own any real property or any other housing facility, whether in an urban or rural area;

- Must not be a professional squatter or a member of a squatting syndicate, as defined in R.A No. 7279, otherwise known as the "Urban Development and housing Act of 1992";

(Section 5(b) of RA 10752) “Squatting syndicates” as defined in section 3 of RA 72795 will not be eligible for compensation or assistance.

rights to affected land are potentially ineligible for compensation for non-land losses if they occupy ROW, or are classified as professional squatters or who own real property elsewhere.

legally recognized right to the affected land but who occupy the project affected area prior to the cut-off date are eligible for compensation for all losses, other than land, at full replacement cost.

“Squatting syndicates” as defined in section 3 of RA 7279 and who are certified by HUDCC and or other Government Agency (PNR, LGU among others) as such will not be eligible for compensation or assistance. Presence in the project affected area at cut-off date to be validated through census and validated by the Local Inter-Agency Committee.

4. Eligibility for resettlement assistance. Physically displaced persons will be provided with relocation assistance, transitional support and development assistance. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide them with appropriate income sources and legal and affordable access to adequate housing.

Socialized Housing: Under Section 16 of RA 7279, informal settlers: To qualify for the socialized housing program, a beneficiary:

- Must be a Filipino citizen;

- Must be an underprivileged and homeless citizen

- Must not own any real property whether in the urban or rural areas; and

Must not be a professional squatter or a member of squatting syndicates.

Restrictions on eligibility for resettlement assistance for those who have previously availed of socialized housing or have real property elsewhere.

All relocating PAPs will be eligible for:

- relocation allowance, including transportation allowances

AND one of the two following option:

(i) self-relocation, (ii) on-site relocation, (iii) relocation to project- sponsored resettlement sites in cooperation with key actors – local governments and other entities as mandated by law

“Squatting syndicates” as defined in section 3 of RA 7279 and who are certified by HUDCC as such will not be eligible for resettlement assistance.

137. For IP safeguards, a gap assessment with GOP laws, in particular IPRA and the DPWH LARRIPP was conducted, results of which are shown in Table 29.

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Table 28: Indigenous Peoples Gap Analysis

Gap ADB Policy GOP Laws Gap-Filling Measure

The definition of Indigenous Peoples under IPRA fully covers the ADB usage under the SPS. It however goes beyond the ADB usage through the concepts of (i) time immemorial occupation, possession and utilization of territories, (ii) historical differentiation as a result of resistance to political, social and cultural inroads of colonization, and (iii) descent.

Scope of Application/ Definitions: The term IP is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) A distinct language, often different from the official language of the country or region.

Indigenous Peoples (IPs) are defined by the IPRA Law (Sec 3. (h) as “a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds or language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, nonindigenous religions and cultures, became historically differentiated from the majority of Filipinos” .

IPRA will prevail

The LARRIP has no explicit provisions on unanticipated impacts.

Unanticipated Impacts: Should unanticipated impacts on IPs become apparent during project implementation, such as a change in the project’s footprint, the borrower/client will carry out a social impact assessment and update the IPP or formulate a new IPP covering all applicable requirements specified in this document.

Included as a concern under external monitoring only.

ADB policy will prevail

D. Social Safeguards Policy Principles for the Project 138. The Project shall, under the aegis of DPWH, uphold legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements as embodied in the RIPF. The resettlement and IP policy principles for the Project are thus as follows:

(i) Screen subproject components during early stages to identify involuntary resettlement impacts and risks as well as presence of IPs/ICCs and the likelihood of impacts on identified IPs/ICCs per project activity. These impacts and risks must be minimal. Appropriate social safeguards planning documents will be developed precisely and accurately as a result of a social assessment.

(ii) Carry out culturally appropriate and gender-sensitive social assessment to assess potential impacts on APs particularly with IPs/ICCs living in the project areas, and concerned NGO organizations. Inform all APs including IPs/ICCs on potential restriction to access to natural resources because of the project and ensure their participation in the project cycle.

(iii) Conduct meaningful consultations with affected APs/IPs/ICCs to solicit their participation across the project cycle to (a) avoid adverse impacts or - issues of access restriction will be avoided as much as possible - when avoidance is not possible, to minimize, mitigate, or compensate for such effects; (b) develop project

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benefits for affected Indigenous Peoples in a culturally appropriate manner; (c) provide culturally appropriate and gender inclusive capacity development; and (d) establish a culturally appropriate and gender inclusive GRM.

(iv) In areas that affect ancestral domains, full consultation in order to generate consensus with IPs/ICCs will be upheld to safeguard areas with customary rights. These will be reflected in the social safeguards planning document with particular actions to protect or compensate IPs/ICCs. The absence of broad community support as manifested in the Certificate Precondition/Free and Prior Informed Consent/Certificate on Non-Overlap shall make the project component not eligible for the use of loan proceeds.

(v) Improve or at least restore the livelihood of the APs/IPs/ICCs through (a) land-based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; (c) prompt compensation at full replacement cost for lost assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible.

(vi) APs/ IPs/ICCs shall be involved in resettlement and IPs/ICCs planning based on the social assessment, and social safeguards planning documents will include a framework for continued consultation with the IPs/ICCs during project implementation and cover all appropriate mitigation measures to improve, or at least restore, the livelihoods of all APs/IPs/ICCs, especially vulnerable groups so that the living standard of APs/IPs/ICCs do not become worse off compared to pre-project levels. Social safeguards planning documents should elaborate on culturally appropriate GRM, AP/IP/ICC entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs/IPs/ICCs with appropriate assistance.

(vii) APs/IPs/ICCs without title or any recognizable legal rights to land are eligible for assistance and compensation for non-land assets at replacement cost. Particular attention will be paid to women, women-headed households, and the elderly and other vulnerable persons.

(viii) Eligible APs will be compensated and assisted as per the entitlement matrix set out in this framework. Voluntary donation will not be applied in the project.

(ix) Disclose the draft social safeguards planning documents and its updates before subproject appraisal to the APs/IPs/ICCs and other stakeholders in an accessible place and a form and understandable language.

(x) Land acquisition, resettlement, and IPs/ICCs plans will be conceived of as part of the project and related costs will be included in and financed out of the project cost from the government counterpart.

(xi) Civil works and/or restrictions to use of land resources will not commence unless APs/IPs/ICCs are fully compensated, and all other entitlements provided.

(xii) Monitor implementation of the social safeguards planning documents; monitor and assess resettlement outcomes, their impacts on the standards of living of APs/IPs/ICCs, and also disclose the monitoring reports.

(xiii) Disclose monitoring reports as uploaded on to ADB and DPWH websites; and to the project sites specifically the affected communities/persons, in summary form.

(xiv) Should unanticipated involuntary resettlement and IP/ICC impacts be determined during project implementation, DPWH will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new one covering all applicable requirements specified in the RIPF.

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VII. COMPENSATION AND OTHER ENTITLEMENTS A. Affected Persons and Eligibilities 139. APs are those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, and resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, social and cultural networks and activities. Such impacts may be permanent or temporary. To sum up, APs are:

(i) Persons with formal legal rights to land and structures lost in its entirety or in part; (ii) Persons who have no formal legal rights to such land and/or structures wholly or in

part but who have claims to such lands that are recognized or recognizable under national laws; and

(iii) Persons who lost the land they occupy in entirety or in part who have neither legal rights nor recognized or recognizable claims to such land.

1. Specific to the project, the following types of APs are qualified:

(i) Landowners and Land Users a. Legal owners who have full title, tax declaration, or who are covered by

customary law (e.g. CADT, possessory rights, usufruct, etc.) or other acceptable proof of ownership over the affected land.

b. Users or occupants that have no land title or tax declaration over the affected land.

c. Renters of the affected land. (ii) APs with Structures

a. Owners of structures who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.)

b. Owners of structures, including shanty dwellers, who have no land title or tax declaration or other acceptable proof of ownership

c. Renters (iii) APs with Crops, Fruit Trees, and other Perennials

a. Owners of affected crops, fruit trees and perennials who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.)

b. Owners of affected crops, fruit trees and perennials who have no land title or tax declaration or other acceptable proof of ownership.

(iv) APs Affected by the Loss of Livelihood and Sources of Income a. Owners of registered or unregistered shops, regardless of land tenure status,

whose business operation will be disrupted temporarily or permanently due to the project.

b. Hired labor (e.g., farm worker, house help, and store helper) who will lose their job temporarily or permanently due to the project.

140. In this Project, the cut-off date of eligibility for project entitlements is 23 August 2017 the starting date of the census of APs and the IOL of APs’ land and/or non-land assets for PR08. Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

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B. Compensation and Entitlements 141. Compensation and assistance are designed to enhance or at least restore the livelihoods of all displaced persons in real terms relative to pre-project levels and to improve the standards of living of the displaced poor and other vulnerable groups20. Per this RIPF, DPWH will offer to the property owner concerned, as compensation price, the sum of: (i) replacement cost of land based on the current market value of land, free of taxes21 (ii) the replacement cost of structures and improvements and (iii) the current market value of crops and trees. Replacement Cost — refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices. The IIR for IPRA stipulates under Section 4, Management of Joint Undertakings Within Ancestral Domains, that should the ICCs/IPs give their free and prior informed consent to any development activity, project, program or plan to be implemented by any government or private entity, they shall have the right to receive just and fair compensation for any damage or loss to assets which may be sustained as a result of such project. 142. As stated in Section 6.1b of the IRR of RA 10752, the Replacement Cost of a structure or improvement affected by the ROW shall be based on the current market prices of materials, equipment, labour, contractors profit and overhead, and all other attendant costs associated with the acquisition and installation of a similar asset in place of the affected asset. The Replacement Cost of the structure may vary from the market value of the existing structure since the structure that would actually replace it may have a different cost at current market prices. The replacement structure has to perform the same functions and meet the performance of specifications as original structure. 143. To determine the appropriate price offer for the acquisition of ROW through negotiated sale, DPWH will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by: (1) the Bangko Sentral ng Pilipinas (DSP) or (2) a professional association of appraisers recognized by BSP. 144. Entitlements and compensation are determined according to the nature of the impacts. Allocations have been provided by DPWH after its validation process (see Appendix 1: DPWH Validated entitlements for land, structures, crops and trees within 20m ROW limit) and these cover IP losses. A range of entitlements is provided in Table 30.

Table 29: Compensation and Entitlement Matrix

No Impact/Loss Category Application Entitled Person Entitlement

A. LAND LOSS

1 Ancestral Domain lands (2 ICCs)

Marginally affected (Less than 10% of the total landholding lost and the remaining landholding is economically viable)

Holder of Certificate of Ancestral Domain Title (awarded or in process)

• Cash compensation for loss of land at full replacement cost computed at current market value, free of taxes, including capital gains tax (CGT), documentary stamps tax (DST), transfer tax, and registration

20 Vulnerable groups include children under 5, undernourished children, pregnant women, old and disabled persons, landless and informal settlers whose combined household income falls below the poverty threshold, indigenous peoples, those with income below the poverty threshold, and households headed by women. 21 Free of taxes, including capital gains tax, documentary stamps tax, transfer tax, and registration fees, except Real Property Tax (RPT) arrears

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fees.

B. MAIN STRUCTURES

2 Residential structure or Commercial (e.g. commercial establishment, shop, fixed store)184 HHs

Entirely affected

AP with Title or with tax declaration and other proof of ownership of land upon which the structure is built.

• Cash compensation at replacement value without depreciation or deduction for salvageable materials.

• Entitlements for resettlement assistance (if physically displaced) and income restoration assistance, described in the entitlement matrix below.

3 AP without Title or without other proof of ownership

Provided that meeting all of the following criteria: Must not be a professional squatter or a member of squatting syndicate, as defined in Republic Act No. 7279


• Entitlements for resettlement assistance (if physically displaced) and income restoration assistance, described in the entitlement matrix below.

4 Partially affected (remaining structure is still viable after repair)

AP with Title or with tax declaration and other proof of ownership of land upon which the structure is built.


• Cash allowance for repairs and reconnection of utilities. 22

5 AP without Title or without other proof of ownership

Provided that meeting all of the following criteria: Must not be a professional squatter or a member of squatting syndicate, as defined in Republic Act No. 7279


• Cash allowance for repairs and reconnection of utilities.

C. OTHER STRUCTURES AND IMPROVEMENTS

6 Loss of other structures23 and other improvements

Entirely or partially affected

42 HHs

AP with or without Titles, tax declaration, etc.

• Cash compensation for the affected other structures or improvements at replacement cost.

22 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures and reconnection of utilities. 23 Not attached to main structure like fences, wells, external bathrooms, etc.

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• Cash allowance for repairs if deemed partially affected.24

7 Community structures 9 institutions

Structure owner • Cash compensation for the affected other structures or improvements at replacement cost.

• Cash allowance for repairs if deemed partially affected

D. CROPS, TREES AND PERNNIALS

8 Loss of crops (2AHs and 4 institutions), Loss of trees and perennials (12AHs and 4 institutions)

AP with or without Titles, tax declaration, etc.

• Cash compensation for crops, trees, and perennials at current market value as prescribed by the concerned LGUs, DA, and DENR.

E. OTHER ENTITLEMENTS

9 Severely affected 10% or more of the total landholding/ productive asset lost or where less than 10% lost but the remaining land holding or commercial establishment becomes economically unviable or commercial structure no longer viable.

Land owner, Agricultural tenants/settlers/ lessee with title, tax declaration and other proof of ownership or in compliance with RA 10752.

• Livelihood rehabilitation assistance (skills training and other development activities) will be provided in coordination with other government agencies, if the present means of livelihood is no longer viable and the PAF will have to engage in a new income activity.

10 For commercial/ business 55 HHs

Marginally or severely affected

APs with affected businesses

• Income loss allowance commensurate with actual incomes loss, up to a maximum of P15, 000.

• If severely affected (loss 10% and above of the total area of the commercial structure or where less than 10% loss but the remaining portion becomes economically unviable), Livelihood rehabilitation assistance (skills training and other development activities) will be provided in coordination with other government agencies, if the present means of livelihood is no longer viable and the PAF will have to engage in a new income activity.

• Transportation allowance. If relocating to another location,

24 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures.

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transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business.

• Livelihood rehabilitation assistance (skills training and other development activities) provided in coordination with other government agencies.

11 Affected employees 11 employees

Loss of employment due to land acquisition or clearance.

APs who are employed in a displaced commercial establishment and lose their job due to displacement of business

• Cash compensation for net salary of two months based on actual salary. For APs whose income is below or within the minimum wage, cash compensation for four months based on prevailing minimum wage.

• Livelihood rehabilitation assistance (skills training and other development activities) provided in coordination with other government agencies.

12 For residential structure 164 HHs

Entirely affected APs that need relocation and new construction

• Inconvenience Allowance in the amount of ₱10,000.00.

13 Vulnerable AHs 137 HHs

Additional hardship encountered by AHs due to vulnerability

Vulnerables are households headed by women with dependents; households headed by the elderly; households having members who are person with disabilities (PWDs); households whose income fall below the recognized poverty line; landless households; and indigenous peoples.

Livelihood rehabilitation assistance (skills training and other development activities) provided in coordination with other government agencies

F. RELOCATION

14 Loss of residential structure

Families displaced who opt to relocate (7 HHs)

APs/Informal Settlers Families (ISFs) who are relocating

• Transportation Allowance to move household belongings to new site

• Livelihood rehabilitation assistance

15 Entirely affected without land (3 HHs)

Qualified Informal Settlers Family25

• Provided option for relocation at a resettlement site in coordination with the LGUs

• Should relocation not be possible within the said period financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by 60 days shall be

25 ISFs are identified as poor, not owners of land they occupy and their residential and/or combined residential – commercial structures will be severely affected in terms of both area and foundation and/or structural integrity.

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extended to the affected families by LGUs concerned (RA 7279)

• Should relocation at the project resettlement site not be possible by the time of expiration of the 60 days financial assistance, rental assistance will be provided until such time that relocation is possible.

• APs will be provided with relocation options suitable to their preference. Options are (i) self-relocation, (ii) on-site relocation, and (iii) relocation to project- sponsored resettlement sites in cooperation with key actors – local governments and other entities as mandated by law.

145. During the surveys and consultations, DPWH was able to document that of the 170 AHs (86.1%), 27 AHs (13.9%) were out during the interview period. Allocations have been made in the RIPP budget and DPWH shall advertise in local newspapers for three consecutive periods in order to locate absentee owners. Compensation accruing them shall be held in escrow by local court/banks until such time the AH claims their entitlement. 146. Compensation for land. The compensation offer will be at current market value at the time of taking. DPWH will pay, for the account of the AP, the capital gains tax, documentary stamp tax, transfer tax, and registration fee. For ICCs, the NCIP, through the Certificate Precondition shall ensure the ICC/IP claimant is duly compensated. Where the CADT is under process, should the delineation process recognize individual titles, these shall be segregated and excluded from the ancestral domain/ancestral lands and the appropriate compensation shall accrue to the non-IP owner. For titles with encumbrances, the owner shall settle this with the creditor and pay any unpaid real property tax before any negotiation for land acquisition can take place.

147. Compensation for structures and other improvements. Compensation for structure at replacement cost, defined as cost necessary to replace the affected structure or improvement with a similar asset based on current market. The following applies in compensation for other improvements on the affected land: (i) Cash compensation at replacement cost for the affected structures belonging to the government or nongovernment agencies or the community; and (ii) Cash compensation to cover the cost of reconnecting damaged facilities, such as water, power and telephone lines. For ICCs, the NCIP, through the Certificate Precondition shall ensure the ICC/IP claimant is duly compensated. 148. Compensation for crops, fruit trees, and perennials. The following applies in compensation for affected crops, fruit trees, and perennials: (i) Cash compensation for perennials at current market value; (ii) APs will be given sufficient time to harvest crops on the subject land; (iii) Compensation for damaged crops (e.g., rice and corn) at current -market value at the time of taking (compensation will be based on the cost of production per hectare

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pro-rata to the affected area); and (iv) Cash compensation for fruit trees will be based on current market value. For ICCs, the NCIP, through the Certificate Precondition shall ensure the ICC/IP claimant is duly compensated.

149. Transportation Allowance or Assistance. For relocating APs, free transportation will be provided to APs to include informal settlers in urban centres who would opt to go back to their places of origin in the provinces or be shifted to government relocation sites The Municipal Resettlement Implementation Committee (MRIC) shall determine the appropriate amount of transportation allowance for relocating APs.

150. Compensation, transitional allowances and resettlement assistance will be provided in full to affected persons prior to displacement, land clearance and commencement of works in any affected areas.

151. In the event that APs are unable or unwilling to receive their entitlements due to contested ownership, APs being absent and unreachable or APs contest the compensation offered, and following reasonable efforts to identify owners, and adjudicate resolution of disputes as required under RA10752, DPWH will deposit the full amount of compensation and allowances due in to an escrow account until such time as the money can be released to the affected persons.

152. Gender key considerations. Regardless as to whether the designated household head is a man or a woman, both spouses heading affected households will be invited when the compensation is disbursed. New titles at resettlement sites will be issued in the names of both spouses heading household recipients of resettlement site plots. In the long term, the road project is expected to improve women’s access to social services, economic or financial resources or opportunities, and other basic infrastructure.

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VIII. RELOCATION STRATEGY A. Overview of Relocating Households 153. There are 164 households (738 affected persons) whose houses will be fully affected. Of these, 157 households (707 affected persons) will move back outside the ROW on unaffected residual land that they are permitted to use, and 4 households (18 affected persons) will self-relocate to another location on land they own. There are 3 households (14 affected persons) who are landless and will relocate to a project resettlement plots. None of the 25 affected IP households will relocate to the resettlement plots and will just either move back from the ROW or self-relocate to their own land.

Table 30: Categories of AHs with Fully Affected Houses


AHs with severely affected houses Categories of AHs with Fully Affected Houses

IP HHs Non-IP HHs Total Relocate to Resettlement Site Move Back Self-Relocate

Baliguian 9 42 51 2 48 1

Kilalaban 9 42 51 2 48 1

R.T. Lim 3 5 8 0 8 0 San Fernandino 3 5 8 0 8 0

Siocon 13 92 105 1 101 3

Candiz 1 33 34 1 32 1 Pisawak 0 20 20 0 19 1 Tabayo 12 39 51 0 50 1

Total 25 139 164 3 157 4

% 15% 85% 100% 2% 96% 2%

B. Relocation Plots 154. The identified relocation plots of Baliguian and Siocon are situated in Barangay Kilalaban and Candiz, respectively, areas of which are presented in Table 32. New titles for resettlement site plots will be issued in the name of both spouses heading household recipients for resettlement site plots.

Table 31: Land Area to be Awarded to the relocating APs

Municipality/Barangay Land Awardees Plot Size/ AH (m2) Total Area of Resettlement Site (m2)

Baliguian 2

Kilalaban 2 100 200

Siocon 1 100

Candiz 1 100 100

Total 3 100 300

155. Based on a barangay resolution, the land will be awarded to the eligible APs for resettlement plots. See Appendix 4.2 for the barangay resolution awarding lots to eligible relocatees. Since, the resettlement plots are accessible and near the main road, construction of access road is unnecessary. Moreover, affected persons will be responsible for building their houses using their compensations. There are two resettlement sites to be developed in Baliguian and Siocon. Figure 2 shows the location of the relocation plots.

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Figure 2: Barangay Candiz and Barangay Kilalaban relocation sites

C. Resettlement Plots Description and Development Needs 156. The resettlement plots are accessible and near the main road, construction of access road is unnecessary. It is also accessible to basic services. Water system and electricity connection are available and accessible. Table 33 provides an overview of the situation and development needs of the identified relocation plots.

Table 32: Description Development of Relocation Plots

Municipality Barangay Site Description Development Needs

Baliguian Kilalaban • Accessible to electric/power connections • Clearing and grubbing

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Municipality Barangay Site Description Development Needs

• near the main road being constructed

• near the original location of houses

• the land area is 100 sq.m for each affected person

• near the barangay hall and clinic

• Removal of at least five (5) trees

Siocon Candiz • Accessible to electric/power connections.

• near the main road being constructed

• near the original location of houses

• the land area is 100 sq.m for each affected person

• near the barangay hall

• Clearing and grubbing

• Removal of trees and bushes

157. The total development cost for the resettlement plots is estimated to be PhP 16,500.00. A breakdown of the site development costs in Baliguian and Siocon is presented in Table 34.

Table 33: Site Development Cost Estimates Municipality/

Barangay Total Area of

Resettlement Site (m2) Plots to be Awarded

Estimated Site Development Costs (PhP)

Baliguian 2 8,00026

Kilalaban 200 2 8,000

Siocon 1 8,50027

Candiz 100 1 8,500

Total 300 3 16,500.00

D. Implementation Arrangements 158. The provision of the resettlement site will be undertaken by DPWH and the LGU. Since the relocating AHs are few and not reaching 200 as standard of NHA for socialized housing, the LGU or the barangay are the agencies responsible for providing the relocation site. 159. Pursuant to DPWH Department Order 152 series of 2017, DPWH may fund and develop the resettlement site if LGU/NHA is unable to do so. DPWH should estimate cost of resettlement project based on BOQ/BOM. The LGU, on the other hand, contributes the land required for the project and takes the lead as project implementer with overall responsibility for the operation and management of the resettlement project to include (i) preparation of project plans, site development and housing plans (ii) beneficiary selection (iii) relocation of families and estate management to cover disposition of housing and (iv) project maintenance. 160. The LGUs of Baliguian and Siocon, Zamboanga del Norte will provide land for relocation plots, undertake site development, including land filling, levelling and construction of wells, if needed. The LGU is responsible for requesting the electricity service provider to connect electricity to the site and to the individual houses upon completion of construction. The LGUs will award the resettlement plots to the eligible APs, based on DPWH endorsement of the APs to the LGU to avail relocation plots and assistance. DPWH is responsible for site development costs and has overall responsibility for construction quality according to plan.

26 Including labor cost (Php 6,000) and water and electricity reconnection service (Php 1,000/AH). 27 Including labor cost (Php 7,500) and water and electricity reconnection service (Php 1,000/AH).

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E. Resettlement Sites Development Schedule 161. The preparation of the resettlement plots is expected to take five months from approval of the RIPP. Institutional concerns as regards the formation of the MRIC had been completed upon the Execution of MOA in November 2019. Anticipating ADB approval within the 3rd quarter of 2020 provides the window for payment of compensation and other forms of assistance as well as the provision of rental subsidy while waiting for the relocation plots to be established. The timeline of remaining activities with indicative schedule is set out below.

Table 34: Schedule to Develop Resettlement Sites


Agency

2020 2021

Oct-Dec Jan-Mar Apr-Jun

Construction 36 Months






PAPs move in to houses AP * Clearing, levelling, drainage ** SP = Service provider

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IX. LIVELIHOOD RESTORATION A. LRP Eligibility and Strategy

162. The project livelihood restoration (LRP) presents planned income restoration and livelihood development measures based on needs assessment of the households eligible for livelihood restoration assistance under the RIPP. The objective of the livelihood restoration program is to restore the livelihoods and income earning capacity of those whose productive resources have been severely affected by the project and provide an opportunity for vulnerable affected households to improve their living standards. 163. As part of the RIPP entitlement provisions, people eligible to participate in the LRP are those whose livelihoods or productive resources are severely affected, those whose living standards are otherwise significantly disrupted by being required to physically relocate, or who are classified as especially vulnerable wherein the RIPP aims to improve their living standards.28 164. The overall strategy of the LRP is to stabilize the livelihood activities and sources of sustenance of the affected persons by focusing on diversified activities to bring immediate income such that they will be able to produce for their basic needs and long-term livelihood management capacity. 165. The specific activities of the LRP are: (i) provide funds and appropriate technique for the affected persons whose remaining lands are still viable to implement agricultural extension models (ii) organize training courses which are suitable to APs’ capacity; provide supplementary trainings, consultations, allowance and other supports to participants attending the courses; and (iii) provide technical advice and pilot models on small business/services and other training courses, study tours on efficient economic enterprises.

166. There are 202 affected households who are eligible to participate in the LRP including 164 relocatees, 55 affected business owners, 11 employees, and 137 vulnerable AHs. All 25 affected IP households are eligible for LRP. It is underscored that severely AHs may also be vulnerable similar to vulnerable HH that may possess multiple indicators of vulnerability. Nonetheless, a single count is made hence the total of 202 AHs. Table 36 below shows the summary of all LRP beneficiaries and Appendix 13: List of LRP Eligible AHs provides the details.

Table 35: LRP Beneficiaries


Affected Households Total AHs

Interviewed Not

Interviewed Relocatees Business owners

Employees Vulnerable Total

Instances

Baliguian 51 12 7 40 110 62 49 13

Kilalaban 51 12 7 40 110 62 49 13

R.T. Lim 8 1 0 5 14 9 9 0

San Fernandino 8 1 0 5 14 9 9 0

Siocon 105 42 4 92 243 131 109 22

Candiz 34 7 0 31 72 35 34 1

Pisawak 20 5 2 14 41 27 21 6

28 Severe loss of productive resources under the RIPP entitlements is a permanent loss of income generating assets of 10% or more, including assets such as farming land, shops, etc. Physical relocation involves households whose house is fully affected and required to rebuild their houses in another location. It does not include households who can rebuild their houses on remaining unaffected land at the same location. Marginal or temporary impacts on housing and livelihoods (such as temporary closure of shops, marginal loss of farming land, partial impacts on houses) are covered under compensation and other transitional allowances in the RIPP.

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Affected Households Total AHs

Interviewed Not

Interviewed Relocatees Business owners

Employees Vulnerable Total

Instances

Tabayo 51 30 2 47 130 69 54 15

Total 164 55 11 137 367 202 167 35

% 45% 15% 3% 37% 100% 100% 83% 17%

B. Livelihood Restoration Study 167. A livelihood restoration study was simultaneously carried out with resettlement survey from 17-21 November 2019. The LRP Study was undertaken essentially to solicit the AH’s intentions for livelihood restoration – especially if AHs would re-establish what they would lose (e.g. set up again their shop or buy replacement farming land) or do something new. The AHs were told that the Project is in the process of preparing a livelihood restoration program. The main goal of the face to face interview was to know their intentions and preferences and assess their needs so that the project can prepare a meaningful program. 168. A total of (167 AHs) were interviewed out of 202 AHs with multiple instances of impacts - combined relocatees and vulnerables. About 16% of those interviewed are still ambivalent about potential sources of income after displacement, hence not yet decided. But 81% or 135 AHs said they would still draw their income/livelihood from the same source even after relocation inasmuch as their livelihoods were not significantly affected by the project. Three AHs plan to rebuild the same business/shop in their new place of residence and another 3 AHs plan to start a new type of business/shop away from where they will live (e.g. rent space for shop). Table 37 shows the distribution of responses.

Table 36: Planned Income Source after Relocation Municipality/

Barangay Same livelihood - not

affected by project Rebuild same business

in new place Start new business

elsewhere Not yet decided

Total



R.T. Lim 8 0 0 1 9

San Fernandino 8 0 0 1 9

Siocon 83 2 1 23 109

Candiz 31 1 1 1 34

Pisawak 13 1 0 7 21

Tabayo 39 0 0 15 54

Total 135 3 3 26 167

% 81% 2% 2% 16% 100%

169. Around 14% of AHs have expressed interest in vocational skills training for themselves or their spouses while 14% prefer training of a family member than self (Table 38). About 22% are not interested in attending any training. Some 51% are not yet decided and had no response whatsoever. For those who are interested in skills training, their reasons for are: (i) to improve on vocation/small business that they are presently engaged in; and (ii) start a new vocation/small business.

Table 37: Interest in Vocational Training Municipality/

Barangay Yes – for self or

spouse Yes – for children

of working age Not interested

Not decided/ No response

Total



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Yes – for self or spouse

Yes – for children of working age

Not interested Not decided/ No

response Total

R.T. Lim 0 1 1 7 9

San Fernandino 0 1 1 7 9

Siocon 22 16 23 48 109

Candiz 3 8 7 16 34

Pisawak 2 2 4 13 21

Tabayo 17 6 12 19 54

Total 23 23 36 85 167

% 14% 14% 22% 51% 100%

C. Available Programs and Support in the Project Area

170. A large number of the existing livelihood programs in Siocon are provided by national agencies such as Department of Social Welfare and Development (DSWD), Department of Labor and Employment (DOLE), Technical Education and Skills Development Authority (TESDA), Department of Trade and Industry (DTI), Department of Agriculture (DA) and Department of Environment and Natural Resources (DENR). 171. The Municipality of Siocon has a list of skills and livelihood projects that have been implemented since 2015, namely: Self- Employment Assistance- Kaunlaran Associations (SKA), Housekeeping, Horticulture, Building Construction, Food Processing, Banana Production, Cooking, Buy and Sell, Engine Servicing and Rice and Corn Enterprises. 172. Skills training funded under DSWD being undertaken in Baliguian, Zamboanga del Norte include: Carpentry; Electrical Installation and Maintenance; Horticulture; Process food by salting, curing, smoking, fermentation and pickling; Motorcycle/small engine servicing; and Basic skills for cooking, and techniques for food preparation. 173. In R.T.Lim, Zamboanga Sibugay, the skills training funded under DSWD include and Rice Trading and General Merchandise. The Department of Social Welfare (DSWD) is implementing the Sustainable Livelihood Program (SLP), a community-based capacity building program that aims to improve the socio-economic conditions of poor Filipinos by facilitating opportunities for development and management of resources viable for micro-enterprises and employment facilitation. D. Description of LRP Program Activities 174. The key focus of the LRP is to provide training to the APs in their preferred areas to support their livelihood development objectives. As outlined above, these include entrepreneurial skills and small business management, agricultural extension for preferred areas of farm practices, and vocational training in specified skill areas. The training will be provided free of charge. The main service providers are LGU, DA, DSWD, TESDA and a service provider for entrepreneurial development to be engaged by DPWH. 175. The project will generate employment opportunities, especially for unskilled labour. Philippine Government regulations require that contractors implementing national projects locally source 50% of unskilled labour and 30% of semiskilled labour. The LGU and Project supervision consultant will coordinate with APs and contractors to ensure that APs can take full advantage of these opportunities.

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176. Other necessary tasks required to effectively implement the LRP activities include:

a. Creation of database of interested eligible households to reflect qualifications, job experience, skills and desired occupation.

b. Close coordination and establish linkages with the project contractors and consultants to recruit local laborers, especially the affected households, on a priority basis.

c. Establish and maintain linkages with training institutions for training of the affected household members to qualify for desired job positions.

d. Technical Advice and Pilot Models on Small Business/Service

177. There are households who wish to venture into small business or services. These included shops to sell their own products, groceries or service stalls (e.g., barber’s shop). DPWH will secure agreement from the vocational school(s) to provide technical advice, conduct specific trainings on entrepreneurship and carry out some pilot models on small business/services. Households will also be made aware of what to look into such as the right products, market situation, competition, amount of investments and potential profit, and risks involved. E. LRP Management and Implementation 178. DPWH has the overall responsibility for the implementation of the LRP. Specific to LRP activities, its roles are: to provide timely funds for conducting the agreed LRP activities; closely collaborate with local authorities, service providers (such as training institutions and DARD extension) during LRP implementation; and prepare semi-annual monitoring reports to be submitted to ADB. DPWH, with support from the Project Supervision Consultant, will maintain a database of eligible APs including new addresses of those who relocate. The database will be used to track AP participation in the LRP and for follow up meetings and contact.

179. LGU. The municipal LGU has an existing employment service office to provide information on vocational training and employment opportunities. The LGU will lead consultations with APs on available programs, provide counselling on livelihood options, and refer APs to training institutions and programs. The LGU will also monitor the participation of APs in the LRP vocational training activities and report periodically to DPWH. 180. Project Supervision Consultants. The social safeguards specialist of the PSC will work closely with the DPWH and LGU to provide guidance and support on the LRP implementation. He/she will support DPWH in internal monitoring and review as well as tracking LRP participation of individual eligible HHs. 181. A summary of responsibilities to implement key LRP activities is presented below:

Table 38: Roles and Responsibilities for LRP Implementation


• Creation of database of interested eligible households to reflect qualifications, job experience, skills and desired occupation.

Project Supervision Consultant

• Close coordination and establish linkages with the project contractors and consultants to recruit local laborers, especially the affected households, on a priority basis.

LGU, Project Supervision Consultant

• Establish and maintain linkages with training institutions for training of the affected household members to qualify for desired job positions.

LGU, Project Supervision Consultant

• Technical Advice and Pilot Models on Small Business/Service LGU, Service Provider (engaged by DPWH)

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F. LRP Cost Estimates

182. The investment cost for the income restoration programs will be provided by DPWH directly to the concerned MRIC. LRP assistance shall be in the form of skills training and other development activities with the value of up to PhP15,000 per AHs. Training include (i) Vocational Training Courses such as automotive, cooking, driving etc.(ii) Entrepreneurial Training Courses for example Technical, business management etc. and (iii) other training courses. Estimated cost to implement the initial LRP is about PhP3,333,000.00 (65,532.86 USD) for the 202 AHs.

Table 39: Cost Estimates for Livelihood Restoration Program

No. LRP Beneficiaries Unit Quantity Unit Price Total amount (PhP)

PhP USD

1 Interviewed AHs trainee 167 15,000.00 2,505,000.00 49,252.85

2 AHs who were not interviewed trainee 35 15,000.00 525,000.00 10,322.45

Total 202 15,000.00 3,030,000.00 59,575.30

Contingency budget of 10% 303,000.00 5,957.53

Grand Total 3,333,000.00 65,532.84

G. LRP Implementation Schedule

183. The LRP will be implemented for a period of 2 years. The households have been identified and the list of households may change depending on the final commitment of households to participate. The schedule proposed below is designed for one production cycle to be implemented within 1 year. Evaluation of the pilot activities will be carried out on the 12th month and will again carry out another cycle of planning for the 2nd year depending on the success and limitation of the LRP (Table 41). The Project Supervision Consultants will assist in the continuous implementation of the LRP and will provide back-stop support as and when necessary.

Table 40: LRP Implementation Schedule


Agency

2020 2021 2022

O-D J-M A-J J-S O-D J-M A-J J-S

Construction 36 Months

Formation of Committee on LRP DPWH, LGU, others


Implementation of LRP (2 cycles)

Monitoring of LRP (internal and external) DPWH

H. Monitoring and Evaluation

184. Internal Monitoring. The LGU will monitor the performance of deployed APs and provide regular progress reports to DPWH. The TA Loan consultants will hold a series of meetings with the participants and develop a set of monitoring indicators at the beginning of the LRP implementation. Monitoring forms will be developed accordingly. The responsible organizations (as mentioned above) together with the affected households will prepare quarterly progress report on LRP implementation based on their respective coverage areas. Issues identified for immediate action will immediately be referred to the concerned office. Modifications in the program based on the progress and lessons learned in the course of LRP implementation and additional funds to cover additional activities and support to vulnerable households will be provided as and when necessary. DPWH will carry out its own monitoring and submit monitoring reports to ADB on a semi-annual basis.

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185. External Monitoring. A qualified NGO as an external monitoring agency (EMA) will be hired by DPWH to monitor and evaluate the effectiveness of the LRP on a semi-annual basis. This agency will develop a set of evaluation indicators for this purpose. The EMA's monitoring reports will provide DPWH a time-bound action plan which will cover identification of problems, issues and recommended solutions, so that DPWH and the LRP Team are informed about the ongoing situation and can improve or resolve problems in timely manner. One year after the end of LRP implementation, a post project evaluation will be conducted to determine if the APs had successfully restored their livelihood/income to at least their pre-project socio-economic conditions.

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X. RIPP BUDGET 186. The budget for RIPP Implementation of PR08, R.T.Lim-Siocon Road is PhP 120,336,742 (approx. 2,366,039 USD) and is part of government counterpart. The budget items cover (i) compensation for loss of land, structures, trees, crops and other entitlements (ii) livelihood restoration program (iii) relocation and resettlement; transitional allowance; (iv) administrative cost; (v) external monitoring; and (vi) contingencies. 187. The budget for RIPP implementation was updated based on DPWH validation for loss of land, structures, crops and trees for PR08. Table 42 shows the details of the budget to implement this RIPP.

Table 41: Budget for RIPP Implementation

Kind of affected assets Unit Total Unit Price

Amount (PhP)

Amount (USD)

1. Land (0 HHs)

1.1 Agricultural m² 0

1.2 Residential m² 0

1.3 Others (public land, road, etc.) m² 490,381 53,403,743 1,050,015

Subtotal 53,403,743 1,050,015

2. Structures (197 HHs)

2.1 Purely Residential # 145 20,004,037 393,316

2.2 Residential Commercial # 29 6,563,271 129,046

2.3 Commercial Only (sari-sari store, etc.)

# 30 2,227,639 43,799

2.4 Bench/Chair/Plant box/Stairs # 1 9,895 195

2.5 Bridge/Canal/Irrigation/Riprap # 2 18,504 364

2.6 Chapel/Church/Mosque # 1 81,104 1,595

2.7 Cooking/Laundry Area/Septic/Toilet

# 9 120,382 2,367

2.8 Deep well/Faucet/Pump/Water tank

# 6 39,263 772

2.9 Dryer/Flooring/Pathway # 8 149,161 2,933

2.10

Fence/Garage/Gate/Wall # 21 442,652 8,703

2.11

Shed/Waiting Shed # 4 98,204 1,931

2.12

Storage/Stock house/Warehouse

# 1 107,828 2,120

2.13

Barangay Properties # 18 515,693 10,139

2.14

School Properties # 28 949,087 18,661

2.15

Others (chicken coop, pigpen, resthouse, etc.)

# 11 270,686 5,322

Subtotal 31,597,409 621,262

3. Trees & Crops

3.1 Trees (12 HHs) # 6,218,223 122,262

3.2 Crops (2 HHs) m² 1,850,396 36,382

Subtotal 8,068,619 158,644

4. Other Entitlements

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Kind of affected assets Unit Total Unit Price

Amount (PhP)

Amount (USD)

4.1 Inconvenience allowance HH 164 10,00

0 1,640,000 2,245

4.2 Transportation allowance HH 7 5,000 35,000 688

4.3 Income loss (business owners) HH 59 15,00

0 885,000 17,401

4.4 Salary loss (employee) HH 11 3,000 66,000 1,298

Subtotal 2,626,000 51,632

5. Other Assistance

5.1 Capital Gains Tax (6%) 3,204,221 63,001

5.2 Documentary Stamp Tax (1.5%) 801,056 15,750

5.3 Transfer Tax (75% of 1% of the Selling Price) 400,528 7,875

5.4 Cost of Registration (PhP40,000/transaction) 320,000 6,292

Subtotal 4,725,809 92,918

6. Livelihood Restoration Program

6.1 Skills Training and Development Activities

HH 202 15,00

0 3,333,000 65,533

Subtotal 3,333,000 65,533

7. Relocation and Resettlement

7.1

Determined by DPWH & LGU and covered under regular budgets

HH 3 16,500 324

Subtotal 16,500 324

RIPP Administrative Costs (5% of Direct Costs: 1-7) 5,188,554 102,016

External Monitoring (Php1,000,000 per SP) 1,000,000 19,662

Cost contingencies (10% of Direct Costs: 1-7) 10,377,108 204,033

TOTAL 120,336,742 2,366,039

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XI. INSTITUTIONAL ARRANGEMENTS

A. Current DPWH Capacities on Social Safeguards 188. Effective resettlement depends on the capacity and commitment of the agencies responsible for resettlement planning and management. In the past few years, DPWH has improved its management processes, however, the capacity across all levels need to be further strengthened. ADB will continue to assess the adequacy institutional capacity of DPWH, including NCIP at the National, Regional and Local levels and provide technical assistance to address the issue of institutional development and capacity building by financing the conduct of IR/IP management training seminars and workshops. B. Implementation Arrangements 189. District Engineering Office, DPWH. The DEO will act as Technical Coordinator and will (i) oversee the staking-out and verification of affected properties; (ii) review, and if found correct, prepares and approves disbursement vouchers/payments; (iii) cause the prompt delivery of payments to the affected persons with the assistance of RIC (iv) submit reports on disbursements and payments to APs to the RO and the UPMO; and (v) submit monthly progress reports to ESSD, the ROs and the UPMO. The DEO will chair the RIC and will actively participate in its functions.

1. National Level 190. DPWH. The DPWH will be the EA for the Project. The overall direction and leadership for implementing the RIPP will be exercised by the Secretary, supported by the Undersecretary of UPMO Operations and other members of the Executive Committee (EXECOM) of the DPWH composed of the Undersecretaries and Assistant Secretaries of the Department.

191. Unified Project Management Office-ROW Task Force, DPWH. The UPMO shall be responsible for implementing and monitoring the Project, including land acquisition and other resettlement related activities. It will ensure that funds for the timely implementation of RIPP are available and that all costs are properly accounted for.

192. The Roads Management Cluster II, Multilateral, Unified Project Management Office, DPWH as the overall project management unit, shall manage and supervise the implementation of the RIPP. RIPP implementation shall be in accordance with the RIPF which harmonizes all GOP laws and the ADB SPS (2009), covering eligibility, compensation, entitlement and relocation, measures that ensure proper coordination and meaningful participation with stakeholders and APs. Resettlement activities and land acquisition will be carried out in close coordination with the DPWH Planning Service through its ESSD, RO, DEO, LGUs, NCIP, RIC and all other pertinent agencies and instrumentalities of the government to fully address the impacts of involuntary resettlement.

193. Environmental and Social Services Division, DPWH the ESSD shall provide technical guidance and support in the implementation and monitoring of the social safeguards document/plan. They are tasked to:

(i) carry out overall preparation and planning of the RIPP; (ii) submit social safeguards document/plan budget plans (to include compensation,

relocation costs, operations) for approval and allocation of needed resources by the DPWH central office;

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(iii) in accordance with the Department's resettlement policies, guide the District Engineering Offices and the Regional Offices in their tasks, such as the verification of APs, final inventory of affected assets, consultation, and information dissemination;

(iv) amend or complement the RIPP in case problems or potential problems are identified during the internal and/or external monitoring of its implementation;

(v) in collaboration with its counterpart in the Region, work closely with the DPWH RO on the processing of compensation claims of APs;

(vi) in collaboration with UPMO, monitor the progress of compensation payment to APs and other resettlement-related activities stated in the RIPP; and;

(vii) In collaboration with its regional counterpart, prepare semi-annual monitoring reports on social safeguards document/plan implementation for submission to the UPMO and ADB.

(viii) For uploading the RIPP, the DEO with assistance of the RIC shall conduct inventory of loss and socio-economic surveys validation for submission the UPMO and ADB.

(ix) Provide RIPP orientation to DPWH RO and DEO Team and RIC to strengthen the social, legal, and technical capabilities of these resettlement implementing entities.

(x) Assist the RIC in community awareness raising activities for the RIPP implementation.

2. Site Level 194. District Engineering Office, DPWH. The DEO will act as Technical Coordinator and will (i) oversee the staking-out and verification of affected properties; (ii) review, and if found correct, prepares and approves disbursement vouchers/payments; (iii) cause the prompt delivery of payments to the affected persons with the assistance of RIC (iv) submit reports on disbursements and payments to APs to the RO and the UPMO; and (v) submit monthly progress reports to ESSD, the ROs and the UPMO. The DEO will chair the RIC and will actively participate in its functions.

195. Regional Office, DPWH. The RO will act as the liaison between ESSD and the DEO and will ensure that the RIPP is implemented as planned. Specific activities of the RO are: (i) monitor the RIPP implementation and fund disbursement; (ii) submit the monthly progress reports to ESSD; (iii) monitor payments to APs; (iv) monitor assistance provided to the poor and vulnerable households and (v) address grievances filed by the APs for speedy resolution.

3. Interagency Coordination

196. Resettlement Implementation Committee. It shall be composed of representatives from the RO and DEO, the City/Municipal, the NCIP provincial and/or regional office, affected barangays, and APs with separate representation for IP/ICC communities affected by the project. Selection of these ICC/IP representatives shall follow the procedures of the NCIP. Its functions are:

(i) Assist the DPWH staff engaged in resettlement activities in (a) validating the list of

APs; (b) validating the assets of the APs that will be affected by the project (using a prepared compensation form); and (c) monitoring and implementing the RIPP;

(ii) Assist the DPWH and NCIP staff in identifying who among the APs are IPs or belong to ICCs.

(iii) Assist the DPWH and staff engaged in the RIPP activities in the public information campaign, public participation and consultation.

(iv) Assist DPWH in the payment of compensation to APs; (v) Receive complaints and grievances from APs and other stakeholders and act

accordingly;

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(vi) Maintain a record of all public meetings, complaints, and actions taken to address complaints and grievances; and

(vii) In coordination with concerned government authorities, assist in the enforcement of laws/ordinances regarding encroachment into the project site or RRoW.

197. The Municipal RIC shall be formed through a Memorandum of Understanding (MOU) between DPWH, the concerned local government unit, with the NCIP Provincial or Regional Office (Appendix 14: MOUs in the Creation of Resettlement Implementation Committee).

198. National Commission on Indigenous Peoples (NCIP). The NCIP is the primary government agency through which ICCs/lPs can seek government assistance. The IPRA vests upon the NCIP the power to issue certificate of ancestral land/domain title (CALT/CADT) (IPRA, Section 44e). It has the power to issue appropriate certification as a pre-condition to the grant of permit, lease, grant or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/lPs concerned. NCIP AO No. 3 S. 2012 vests upon the NCIP Regional Office the responsibility to receive applications for the issuance of Certification Precondition. It is responsible for the conduct of the FBI and overseeing the process for obtaining the FPIC from the affected IPs/lCCs. The NCIP also validates expressions of voluntary initiation or solicitation for certain projects made by IP communities.

199. Local Government Unit. Provide LGU legal instruments (e.g., Executive Orders, Municipal Resolutions, Memorandum Orders, etc.) that are necessary for the implementation of the RIPP. In particular, LGUs shall (i) provide the necessary land for relocation purposes, (ii) cooperate with UPMO to form and mobilize RIC to direct and oversee implementation, and monitor RIPP implementation; and (iii) address issues, grievances and complaints as indicated in the GRM section of this document.

200. National Housing Authority. Provide LGU legal instruments (e.g. Executive Orders, Municipal Resolutions, Memorandum Orders, etc.) that are necessary for the implementation of the RIPP. In particular, LGUs shall (i) provide the necessary land for relocation purposes, (ii) cooperate with UPMO to form and mobilize RIC to direct and oversee implementation and monitor RIPP implementation; and (iii) address issues, grievances and complaints as indicated in the GRM section of this document.

C. Capacity Building 201. Over recent years, DPWH has improved its management processes. However, the capacity across all levels need to be further strengthened. DPWH as the EA, will retain adequate staff with relevant qualifications and experience to be able to adequately implement the RIPP. 202. The capacity of DPWH to implement the RIPP will be strengthened by the Project Supervision Consultant (PSC) whose team includes international and national social safeguards specialists. The PSC will provide capacity building training to DPWH and LGUs to enable them to effectively implement the RIPPs. Upon mobilization, the PSC will work with DPWH to develop a capacity building training program for social safeguards, select appropriate personnel for training, arrange logistics for training and present training. The training will be designed to cover all aspects of social safeguards from planning to implementation and will address general compliance with ADB SPS as well as more detailed aspects related to implementation, grievance redress, monitoring and reporting.

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D. Implementation Schedule of the RIPP

203. Table 43 summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RIPP.

Table 42: Implementation Schedule


Agency

2020 2021 2022 2023

2q 3q 4q 1q 2q 3q 4q 1q 2q 3q 4q 1q

I. Project Implementation

Start of Construction Contractor 36 months

II. Preparation of RIPP Implementation

Finalization of RIPP DPWH

Review of RIPP ADB

III. Land Acquisition

Notice of Taking Issuance

DPWH

Issuance of Offer Letter

Payments of Compensation and other assistance

Clearance of ROW by PAPs

IV. Relocation






PAPs move in to houses AP

V. Provision of Livelihood Restoration Program

Formation of Committee on LRP DPWH,

LGU, others


Implementation of LRP

Monitoring of LRP DPWH

VI. Monitoring of RIPP Implementation

Set up Monitoring Agents DPWH

Internal Monitoring ESSD

External Monitoring EMA * Clearing, levelling & drainage ** SP = Service provider

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XII. MONITORING AND EVALUATION

A. Monitoring Arrangements

204. As this project is category A for involuntary resettlement, there will be two types of monitoring for this project: internal and external monitoring. Inasmuch as this social safeguard plan is a combined IR-IP document, monitoring of IP safeguards will be subsumed in both internal and external monitoring. The UPMO in coordination with the ESSD shall set schedules for the required monitoring types considering the projects implementing schedule. It is expected that one month prior to the start of the civil works, RIPP activities have been determined by the independent monitoring agent (IMA) and external monitoring agent (EMA) as having been concluded. Key points for monitoring are provided, though not limited to these:

(i) Payment of compensation to all APs/IPs in various categories, according to the compensation policy described in the RIPP;

(ii) Delivery of livelihood restoration and social support entitlements; (iii) Public information dissemination and consultation procedures; (iv) Adherence to grievance procedures and outstanding issues requiring management’s

attention; (v) Priority of APs/IPs regarding the options offered; and (vi) The benefits provided from the project.

B. Internal Monitoring 205. The ESSD will serve as the Project's internal monitoring body on resettlement. Quarterly monitoring reports will be submitted to the UPMO starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. The UPMO in turn will include details of RIPP implementation status in their regular project progress reports (as described in section D below). The UPMO in turn will submit the semi-annual monitoring reports to ADB for review and uploading on the ADB website. 206. Internal monitoring objectives are:

(i) Compensation and/or other entitlements are provided as per approved RIPP, with no discrimination per gender, vulnerability, or any other factors;

(ii) Livelihood restoration measures/programs are designed and implemented including modifications in the programs and provision of additional cash and in-kind assistance to the participating affected households as and when necessary;

(iii) Public information, public consultation and grievance redress procedures are followed as described in the agreed RIPP;

(iv) Capacity of APs/IPs to restore/re-establish livelihoods and living standards in the new relocation sites. Special attention given to severely affected and vulnerable households. Focus will also be given to assess and if the objective of improving socio-economic condition of vulnerable households is achieved.

(v) Affected public facilities and infrastructure are restored promptly; and (vi) The transition between resettlement and commencement of civil works is smooth and

that sites are not handed over for civil works until affected households are satisfactorily compensated, assisted and relocated.

207. The tasks of the IMA are to:

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(i) Regularly supervise and monitor the implementation of the RIPP, in coordination with the concerned DEO, RO, and the RIC. The findings will be documented in the quarterly report to be submitted to the UPMO, which in turn will submit the report to the bank.

(ii) Coordinate with the NCIP regarding the monitoring and evaluation of the situation of affected IP communities, whether inside or outside ancestral domains.

(iii) Verify if the re-inventory baseline information of all APs has been carried out and the valuation of assets lost or damaged, the provision of compensation and other entitlements, and relocation, if any, has been carried out in accordance with the RIPF and the RIPP.

(iv) Ensure that the social safeguards documents for those affected IPs living outside ancestral domains are implemented as designed and planned.

(v) Verify that funds for implementing the RIPP are provided by the UPMO in a timely manner and in amounts sufficient for the purpose.

(vi) Record all grievances and their resolution and ensure that complaints are dealt with promptly.

(vii) With the relevant branch of the NCIP and the RIC, monitor the implementation of RIPP covering affected IP communities living outside ancestral domains.

208. The suggested internal monitoring indicators, to be disaggregated by gender, ethnicity and vulnerability, as applicable, are presented in Table 44.

Table 43: Suggested Internal Monitoring Indicators Monitoring parameters

Suggested indicators

Resettlement

Consultation and Grievances

• Consultations organized as scheduled including meetings, groups, and community activities.

• Knowledge of entitlements by the APs/IPs.

• Use of the grievance redress mechanism by the APs/IPs.

• Information on the resolution of the grievances.

• Information on the implementation of the social preparation phase.

• Implementation of special measures for customary communities.

Communications and Participation

• Number of general meetings for APs/IPs.

• Number of meetings exclusively with IPs.

• Percentage of women out of total participants.

• Number of meetings exclusively with women/IP women.

• Number of meetings exclusively with vulnerable groups.

• Number of meetings between hosts and the APs/IPs.

• Level of participation in meetings APs/IPs.

• Level and adequacy of information communicated.

• Information disclosure.

• Translation of information disclosed in the local languages.

Delivery of Entitlements

• Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix.

• Disbursements against timelines.

• Identification of APs/IPs losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, have been included.

• Timely disbursements of the agreed transport costs, income substitution support, and any resettlement allowances, according to schedule.

• Quality of new plots and issuance of land titles.

• Restoration of social infrastructure and services.

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Monitoring parameters


• Progress on income and livelihood restoration activities being implemented as set out in the livelihood restoration plan.

• Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business.

Budget and Time Frame

• Social safeguards staff appointed and mobilized on schedule for field and office work.

• Capacity building and training activities completed on schedule.

• Achieving resettlement and customary community implementation activities against the agreed implementation plan.

• Funds allocation for resettlement-to-resettlement agencies on time.

• Receipt of scheduled funds by resettlement offices.

• Funds disbursement according to the social safeguards documents/plans.

• Social preparation phase as per schedule.

• Land acquisition and occupation in time for implementation.

Livelihood Restoration

• Number of APs/IPs under the rehabilitation programs.

• Number of APs/IPs who received vocational training.

• Types of training and number of participants in each program.

• Number of APs/IPs who have restored their income and livelihood patterns.

• Number of new employment activities.

• Extent of participation in rehabilitation programs.

• Extent of participation in vocational training programs.

• Degree of satisfaction with support received for livelihood programs.

• Percentage of successful enterprises breaking even.

• Percentage of APs/IPs who improved their income.

• Percentage of APs/IPs who improved their standard of living.

• Number of households with agricultural equipment

• Number of households with livestock

• Progress of income restoration implementation

Benefit Monitoring

• Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation.

• Noticeable changes in income and expenditure patterns compared to the pre-project situation.

• Changes in cost of living compared to the pre-project situation.

• Changes in key social and cultural parameters relating to living standards.

• Changes occurred on customary communities and other vulnerable groups benefiting from the project.

• Progress of resettlement implementation

IP/ICC

Demographic baseline

• The numbers of IPs/ICCs by category of impact, gender, age, village, income, and status

• Number of female headed households

• Number of vulnerable households (poor, elderly, disabled)

• Number of households by IP/ICC group

• Number of births and deaths

Consultation and participation

• Number of consultation and participation activities that occur - meetings, information dissemination, brochures; flyers, training

• Percentage of IP women as participants; number of meetings exclusively with IP women

• Percentage of vulnerable members of IPs/ICCs / attending meetings; number of meetings exclusively with vulnerable IPs/ICCs

• Languages used at meetings

• Good faith negotiations—recording of process, participants, locations, correspondence

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Monitoring parameters


• Broad community support—record of processes, participants, locations and agreement obtained

• Consultation and participation progress against plan and budget

Mitigation measures

• Progress of implementation of mitigation / beneficial measures against plan Number of activities that occur/completed—such as construction, livelihood restoration, disbursements, training

• Percentage progress against timelines and budget

• Identify and address any unanticipated impacts and impacts caused by the contractor during construction.

Grievance redress

• Total number of members of IPs/ICCs using the grievance redress procedure

• Number of distinct IPs/ICCs - any of these with significantly more grievances

• How many times has a household submitted the same grievance

• Number of grievances resolved

• Length of time taken to be resolved

• Types of grievance categories and prevalence

• Grievance cases logged in each level of project GRM

Implementation problems

• Identified delays - (days, cost) due to personnel, capacity, insufficient funds, etc.

• Number of times implementation schedule revised

C. External Monitoring 209. The main objective of external monitoring is to provide an independent periodic review and assessment of (i) achievement of resettlement objectives; (ii) changes in income, living standards and livelihoods; (iii) restoration and/or improvement of the economic and social base of the affected people; (iv) effectiveness and sustainability of entitlements; and (v) the need for further mitigation measures. 210. The tasks of the EMA are the following:

(i) Verify results of internal monitoring; (ii) Coordinate with the NCIP regarding the monitoring and evaluation of the situation of

affected IP communities, whether inside or outside ancestral domains as covered in pertinent social safeguards documents/plans;

(iii) Verify and assess the results of the information campaign for APs rights and entitlements, including the consultation with affected IPs living outside ancestral domain;

(iv) Verify that the compensation process has been carried out with the procedures communicated with the APs and affected IPs during the consultations;

(v) Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced;

(vi) Assess efficiency, effectiveness, impact and sustainability of RIPP implementation drawing lessons as a guide to future resettlement and indigenous people’s policy making and planning;

(vii) Ascertain whether the RIPP entitlements were appropriate to meet the objectives, and whether the objectives were suited to AP and to IP conditions;

(viii) Suggest modification in the implementation procedures of the RIPP if necessary, to achieve the principles and objectives of the RIPF;

(ix) Review on how compensation rates were evaluated; and (x) Review of the handling of compliance and grievances cases.

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211. The services of the EMA will be procured through selection process of DPWH. Relative to compliance monitoring during resettlement implementation, the main activities of external monitoring will revolve around the following:

• Verify ongoing internal monitoring information;

• Verify whether the overall project and resettlement objectives are being met in accordance with the RIPP, and if not, suggest corrective measures;

• Assess the extent to which implementation of the social safeguards document/plan complies with ADB's SPS;

• Identify problems or potential problems;

• Identify methods of responding immediately to mitigate problems and advise the DPWH accordingly; and;

• Verify if the livelihoods and the standard of living of APs, including those displaced persons with no legal titles, are restored or improved.

212. External monitoring will be conducted on a semi-annual basis. Semi-Annual reports will be submitted simultaneously to UPMO and ADB. Strategic lessons for future policy formulation and planning will also be drawn from the monitoring and evaluation of resettlement. This is possible through a Post-RIPP Implementation Evaluation Study that will be carried out 6-12 months following completion of all resettlement activities. 213. The EMA shall submit to UPMO and ADB a "Social Safeguard Compliance Report" following completion of resettlement activities per subproject or specific sections of the subproject road. This will allow ADB to review and issue a no objection letter (NOL) to commence construction activities following review of social safeguard compliance report.

214. The suggested external monitoring indicators are shown in Table 45.

Table 45: Suggested External Monitoring Indicators

Monitoring Indicators Basis for Indicators

1. Basic information of AP/IP households

• Location

• Composition and structures, ages, education and skill levels

• Gender of household head

• Ethnic affiliation

• Access to health, education, utilities and other social services

• Housing type

• Land use and other resource ownership patterns

• Occupation and employment patterns

• Income sources and levels

• Agricultural production data (for rural households)

• Participation in neighborhood or community groups

• Access to cultural sites and events

• Value of all assets forming entitlements and resettlement entitlements

2. Restoration of living standards

• Were house compensation payments made free of depreciation, fees or transfer costs to the APs/IPs?

• Have APs/IPs adopted the housing options developed?

• Have perceptions of "community" been established?

• Have APs/IPs achieved replacement of key social cultural elements?

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Monitoring Indicators Basis for Indicators

3. Restoration of Livelihoods

• Were compensation payments free of deduction for depreciation, fees or transfer costs to the APs/IPs?

• Were compensation payments sufficient to replace lost assets?

• Was sufficient replacement land available of suitable standard?

• Did transfer and relocation payments cover these costs?

• Did income substitution allow for re-establishment of enterprises and production?

• Have enterprises affected received sufficient assistance to re-establish themselves?

• Have vulnerable groups been provided income-earning opportunities? Are these effective and sustainable?

• Do jobs provided restore pre-project income levels and living standards?

4. Levels of Satisfaction

• How much do APs/IPs know about resettlement procedures and entitlements?

• Do APs/IPs know their entitlements?

• Do they know if these have been met?

• How do APs/IPs assess the extent to which their own living standards and livelihood been restored?

• How much do APs/IPs know about grievance procedures and conflict resolution procedures? How satisfied are those who have used said mechanisms?

5. Effectiveness of Resettlement Planning

• Were the APs/IPs and their assets correctly enumerated?

• Were any land speculators assisted?

• Was the time frame and budget sufficient to meet objectives?

• Were entitlements too generous?

• Were vulnerable groups identified and assisted?

• How did resettlement implementers deal with unforeseen problems?

6. Other impacts • Were there unintended environmental impacts?

• Were there unintended impacts on employment or incomes?

215. Post Completion Evaluation. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities. For the post resettlement evaluation, the EMA will:

a. Carry-out a survey of affected households to compare with the baseline survey data to assess if income of affected households and other living conditions have been restored as pre-project. The survey will cover at least 20% of severely affected households, 100% of affected poor, landless and female headed households, as well as at least 10% of all other affected households. The database will disaggregate information by gender, vulnerability, and ethnicity.

b. Conduct Participatory Rapid Appraisal (PRA), which will involve obtaining information identifying remaining/outstanding problems and finding specific time-bound solutions through participatory means including: a) key informant interviews including representatives of civil society, community groups, NGOs and NCIP; b) focus group discussions (FGDs) on specific topics such as outstanding issued related to compensation payment, income restoration and relocation; c) direct field observations, for example, completion of resettlement site development; d) formal and informal interviews with affected households, women, ethnic minorities, and other vulnerable groups to conclude on the remaining and outstanding issues.

c. Discuss with the EA and IA on the completion of land acquisition and resettlement as well as the remaining/outstanding issues and commitments on actions, timeframe, resources and reporting of EA and IA to completely resolve the remaining/outstanding issues (if any).

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D. Reporting and Disclosure 216. For internal monitoring, DPWH will provide details on RIPP implementation status, in their regular project progress reports to ADB at least quarterly. Such information will include numbers of HHs provided compensation and assistance, status of resettlement site completion, numbers of HHs relocated to resettlement sites, status of LRP implementation, report on grievances and complaints, issues and problems encountered during the reporting period and steps taken to address them. 217. DPWH will generate the data for a full and consolidated semi-annual monitoring report (SMR) to be submitted to ADB. Semi-annual monitoring reports are subject to review by ADB and posted on the ADB and project websites for disclosure purposes (Appendix 15: Draft Template of Semi-annual Monitoring Report). RIPP implementation status provided in the regular quarterly progress reports will also be uploaded on the ADB website for disclosure. 218. DPWH through its implementing units shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RIPP including its updated versions, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the AHs/IPs and posted at a location commonly agreed with AHs/IPs and village leaders.

219. ADB and DPWH will disclose on their websites monitoring reports of the external monitor, including all semi-annual external monitoring reports, post-implementation evaluation report, and the social safeguard compliance report.

41076-048: Improving Growth Corridors in Mindanao Road ......TCT Transfer Certificate of Title UPMO...

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