RP- 24 Public Disclosure Authorized - Documents & Reports -...

RP- 24VOL. 4

National Roads Improvement andW p Management Program

Department of Public World BankWorks and Highways

CALINAN-BUDA ROAD SECTIO

RESETTLEMENT ACTION PLAN

May 15, 2000

Department of Public Works and HighwaysManila, Philippines

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TABLE OF CONTENTS

Table of ContentsList of AnnexesList of TablesList of FiguresAcronyms and Abbreviations

Executive Summary

1. INTRODUCTION1.1 Description of the Project1.2 Types of Impacts1.3 Steps taken to Minimize Impacts1.4 Main Objectives of the Resettlement Action Plan

2. DESCRIPTION OF IMPACTS AND SOCIO-ECONOMIC CHARATERISTICS 52.1 Administrative Unit2.2 Social and Economic Characteristics of Project Affected Persons

2.2.1 Household size2.2.2 Distribution of PAPs by Age2.2.3 Distribution of PAFs by Religion2.2.4 Minority Groups2.2.5 Length of Stay in the Community2.2.6 Household Income

2.2.6.a Main Source of Income2.2.6.b Monthly Household Income

2.2.7 Land Use Distribution2.2.8 Building Use Distribution2.2.9 Tenure of Main Structure Occupants2.2.10 Category of Main Structures

2.3 Impacts of the Project2.3.1 Impacts on Land

2.3.1.a Agricultural Land2.3.1.b Residential Land2.3.l.c Commercial Land2.3.1.d Residential/Commercial Land2.3. .e Institutional Land

2.3.2 Impacts on Structures2.3.2.a Residential Structures2.3.2.b Residential/Commercial Structures2.3.2.c Commercial Structures2.3.2.d Institutional Structures

2.3.3 Loss of Crops and Trees2.3.4 Temporary Impacts2.3.5 Relocation Requirements2.3.6 Summary of Impacts

3. COMPENSATION RATES AND ENTITLEMENTS 183.1 Introduction3.2 Detailed Compensation Entitlements

3.2.1 Loss of Arable Land3.2.2 Loss of Residential or Commercial Land3.2.3 Loss of Residential and Residential cum Shop Structures3.2.4 Loss of Independent Shops/Stores3.2.5 Loss of Other Fixed Structures3.2.6 Loss of Standing Crops and Trees3.2.7 Loss of Service Facilities3.2.8 Loss of Public Infrastructure and Other Assets

3.3 Resettlement Costs and Budget3.3.1 Procedures for Flow of Funds3.3.2 Cost Estimates and Inflation Adjustment3.3.3 Implementation, Administration and Contingency Costs3.3.4 Unit Prices for Cost Estimation

4. IMPLEMENTATION SCHEDULE 324.1 Approval of the RAP4.2 Resettlement Implementation Activities

4.2.1 MOU with LGU and Establishment of the RIC4.2.2 Training of the RIC4.2.3 Establishment of Detailed Compensation Rates4.2.4 Conducting Public Information Campaign4.2.5 Stake-out4.2.6 Finalization of Compensation and Other Entitlements to PAPs4.2.7 Public Meeting4.2.8 Payment of Compensation and Other Entitlements4.2.9 Reorganization and Relocation4.2.10 Handing Over the Site for Civil Works

4.3 Monitoring and Supervision of RAP Implementation

5. ORGANIZATION SET-UP 355.1 Institutions for Resettlement

5.1.1 DPWH5.1.2 Environmental Impact Assessment Project Office (EIAPO)5.1.3 Resettlement Implementation Committee (RIC)

5.2 Extemal Monitoring

..

LIST OF ANNEXES

Annex A: DPWH Land Acquisition, Resettlement and Rehabilitation Policy Framework

Annex B: Operational Framework on Public Participation and Consultation

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LIST OF TABLES

1.1 Road Sections and Station Limits

1.2 Bridges

2.1 Distribution of PAFs by Household Size

2.2 Distribution of PAPs by Age

2.3 Distribution of PAFs by Religion

2.4 Distribution of PAPs by Number of Years in the Community

2.5 Distribution of Household Heads by Main Occupation

2.6 Distribution of PAFs by Monthly Household Income

2.7 Distribution of PAPs by Land Use

2.8 Distribution of PAPs by Use of Main Structure

2.9 Distribution of Main Structure Occupants by Tenural Status

2.10 Category of Main Structures by Type of Construction

2.11 Distribution of Affected Land by Use

2.12 Distribution by Number and Area of Main and Other Structures Affected

2.13 Category, Number and Area of Main Structures Affected

2.14 Distribution of Residential Structures

2.15 Distribution of Affected Residential/Commercial Structures

2.16 Distribution of Affected Commercial Structures

2.17 Distribution of Institutional Structures

2.18 Distribution of Main Structures Affected According to Viability, Possibility toReorganize and Area

2.19 Distribution of PAFs Needing Relocation

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2.20 Summary of Affected Assets

3.1 Entitlement Matrixa,

3.2 Estimated Resettlement Cost

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LIST OF FIGURES

Figure 1.1 Location Map of the Project Area

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ACRONYMS AND ABBREVIATIONS

AO Administrative OrderDEO District Engineering OfficeDO Department OrderDPWH Department of Public Works and HighwaysEIAPO Environmental Impact Assessment Project OfficeEO Executive OrderESS Environmental and Social ServiceGOP Government of the PhilippinesGRC Grievance Redressal CommitteeHa HectareIBRD International Bank for Rural DevelopmentIPs Indigenous PeoplesKm KilometerLGU Local Government Unitm MeterMOU Memorandum of UnderstandingNRIMP National Roads Improvement and Management ProgramOD Operational DirectivePAP Project-affected PersonPAP Project-Affected FamilyPMO Project Management OfficeRA Republic ActRAP Resettlement Action PlanRIC Resettlement Implementation CommitteeROW Right-of-WaySIA Social Impact AssessmentTA Technical AssistanceTOR Terms of Reference

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EXECUTIVE SUMMARY

The Calinan-Buda Road project is one of the three sections that make up.9; approximately142 km., Philippine Highway that link Davao City at the Ulas Junction with the SayreHighway in the Municipality of Maramag, Bukidnon Province. The Ulas Junction-CalinanSection is approximately 28 km long. On the other hand, the road project (i.e., Calinan-BudaSection) runs for about 46.2 km. The Buda-Maramag Section is about 60 km long. The Sayrejunction in Maramag is a little over 150 km from Cagayan de Oro City, while the UlasJunction is approximately 15 km from Davao City. The Ulas Junction-Calinan Section ispaved to asphalt concrete pavement (ACP). However, the rest of the 111.5 km is gravel andin a very poor state of repair.

The region served by the project road is agricultural, with a topography that ranges from flatland to rolling hills. However, being a part of the Davao City - Cagayan de Oro CityHighway, which serves as the trunk line in the area, the project road is crucial in the on-goingsocio-economic development of the region. An improved road system will stimulate theeconomy through greater access to and from the cities of Davao and Cagayan.

The rehabilitation of the Calinan-Buda Road Section will involve the construction of asphaltconcrete pavement, with a standard width of 7.0 m and a thickness of 70.0 mm. The roadpavement will have a shoulder of 1.5 m on both sides. The project will likewise cover therehabilitation of 2 existing reinforced concrete bridges (i.e., the Suawan Bridge and the SimodI Bridge) and the construction of a drainage system.

There will be no realignment in the road project. More than this, the 30 m road-right-of way(ROW) has long been acquired by the DPWH. Therefore, there will be no land acquisition.The ROW, however, is not free from illegal occupants and structures. On both sides of theexisting road and within the ROW, especially at bus stops, the ROW is used forresidential/commercial purposes. Therefore, the project will have impact on the livelihood andbusinesses of a number of project-affected families (PAFs).

The project will adversely affect a total of 62 PAFs found physically (actually) residing ordoing business within the clearance line, not to mention the owners of 8 residential orcommercial structures that were being rented out to 8 PAFs. The owners of the said leasedmain structures were living elsewhere outside the ROW when the socio-economic survey wasconducted. Thus, no socio-economic data were gathered on them. The 62 PAFs covered bythe socio-economic survey had 333 household members.

71 main structures were counted to be within the clearance line. 68 of these were privately-owned dwelling units and/or small stores. The three other main structures were a militaryoutpost and 2 barangay-owned waiting sheds. These 3 public structures were made oftemporary materials.

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Of the 68 privately owned main structures, 35 were residential houses, 14 residential housescum small variety shops, 18 family-based small commercial shops, and 1 cooperative store. Iof the 35 residential houses seemed to have been abandoned (unoccupied for some timealready). Moreover, 4 PAFs in Brgy. Marahan, had each a dwelling unit and a commercialstructure. None of the aforementioned privately owned main structures was made ofpermanent materials, while 2 were made of semi-permanent materials, and 66 of temporarymaterials.

Of the 71 main structures to be affected, 44 will be severe, 22 of these severely-affectedstructures are residential houses, 7 houses cum shops, 13 independent shops, and 2 publicstructures. Moreover, 13 of the severely-affected structures will have to be relocated, 8 ofwhich are houses and 5 independent shops. The 2 severely-affected public structures may stillbe re-organized on adjacent lots

The road project will not affect any crop or tree of commercial value.

This RAP should be read in conjunction with the DPWH Land Acquisition, Resettlement andRehabilitation Policy. Said Policy applies to all road projects that will be implemented underthe National Roads Improvement and Management Program (NRIMP). Prior to theimplementation of this RAP, the list of PAPs and affected assets will be validated. This willfacilitate the finalization of the resettlement package for the PAPs.

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Calina-Buda Road Section Resaemnt Action Plan

CHAPTER 1. INTRODUCTION

1.1 Description of the Project

The Calinan-Buda Road project is one of the three sections that make up the approxmately142 km Philippine Highway that link Davao City at the Ulas Junction with the SayreHighway in the MunicipaLhty of Maramag, Bukidnon Province. The Ulas Junction-CalinanSection is approximately 28 km long. On the other hand, the road project (ie., Calinan-BudaSection) rnms for about 46.2 kEL The Buda-Maramag Section is about 60 km long. The Sayrejunction in Maramag is a little over 150 km from Cagayan de Oro City, while the UlasJunction is approximately 15 km from Davao City. (See Figure 1.1 for the Location Map ofthe Project Area).

Table 1.1: Road Sections and Station Limits

i Ulas Junction toCalinan STA. 6 + 800 to STA 34 + 798I Calinan to Buda STA 34 + 800 to STA SI + 000

-. T STA1 8 +000to STA 140 + 097.90

There are 17 bridges along the entire length of the Ulas Junction to Maramag, spanning about856.5 linear meters long. 16 of these are 2 lane permanent stuctues and they only needroutine maintence. On the other hand, the last bridge, the Puaigi Bridge, is a single lane36.5 m Bailey bridge which is in a very poor state of repair. The National Power Corporationalso plans to widen the Pulangi River from 36 m to about 60 m. (See Table 1.2 nxt page fora list of bridges).

The Ulas Junction-Calinan Section is paved to aspbalt concrete pavement (ACP). However,the rest of the 111.5 km is gravel and in a very poor state of repair.

The rehabiliation of the Calinan-Buda Road Section will involve the consction of asphaltconcrete pavement, with a stndard width of 7.0 m and a thickness of 70.0 mm The roadpavement will have a shoulder of 1.5 m on both sides. The project will likewise cover therehabiliton of 2 existing reinforced concrete bridges (ie., the Suawan Bridge and theSimod I Bridge) and the constuction of a drainage system.

1.2 Types of Impacts

The region served by the project road is agrculul with a topography tbat ranges from flatland to rolling hills. However, being a part of the Davao City - Cagayan de Oro CityHighway, which serves as the tun line in the area, the project road is crucial in the on-goingsocio-economic development of the region. An imoved road system will sttmulate theeconomy through greater access to and from the cities of Davao and CagayanL

Cainan-Buda Road Secion Resetflement Action Plan

Table 1.2: Bridges

Angalan I Km 11 + 065 12.0Angalan Km 11 +396 12.0Angalanm Km 12 + 112 48.0Tamugan Km 29 + 188 105.0Pagj-Grande Km 32 + 599 45.0Pagan-Pequeno Km 33 + 686 73.8Suawan Km 34 + 798 15.0Simod I (Buda) Km 81 + 884 45.0Simod I Km 88 + 086 40.0Malo-os Km 92 + 181 43.6Raware Km 94 + 746 45.0Ponian KKm 111 + 507 75.0Lanapan Kmi 113 + 601 15.0Delapa Km 1221 + 032 40.6Manuto Km 125 + 423 45.0Buayan Km 136 + 373 25.0Pulangi Km 138 + 754 36.0

There wi be no reiignment in the road project. More than this, the 30 m road-right-of way(ROW) has long been acqured by the DPWIL Therefore, there wiUl be no land acquistion.The ROW, however, is not fiee from ilegal occupants and structures. On both sides of theexisting road and withn the ROW, especilly at bus stops, the ROW is used forresidential/commercial purposes. Therefore, the project will have impact on the livelihoodand businesses of a number of project-affected fimilies (PAFs).

Based on the census conducted in June-July 1999, the project will adversely affect a total of62 PAFs found physically (actually) residing or doing business within the clarance line' of10 m from the road center line. This number does not include the owners of 8 residential orcommercial structures that were being rented out to 8 PAFs. The owners of the said leasedmain stuctures were living elsewhe outside the ROW when the socio-economic survey wasconducted. Thus, no socio-economic data were gathered on them. The 62 PAFs covered bythe socio-economic survey had a total of 333 household members.

A total of 71 main sructures were counted to be within the clearance line. 68 of thes wereprivately-owned dwelling units and/or small stores. The three other main structue were amiliary outpost and 2 berangay-owned waiting sheds. These 3 public stctue were madeof temporary materials.

1 Cleame line is used here to ma the mu wthi the road coid has tD be fee fim yoer ota ous but themad syem hd£ Clearance line u naym to consun limit bt not to the ROW.

Calinan-Buda Road Section Resettlement Action Plan

Of the 68 privately-owned main suces 35 were residential houses, 14 residential housescum small variety shops, 18 fimily-based small commercial shops, and I cooperative store. 1of the 35 residential houses seemed to have been abandoned (unoccupied for some timealready). Moreover, 4 PAFs in Brgy. Marahan, had each a dwelling unit and a commercialstructure. None of the aforementioned privately-owned main structues was made ofpermanent materials, while 2 were made of semi-permanentn materials, and 66 of temporarymaterials

Of the 71 main stutures to be affected, 44 will be severe. 22 of these severely-affectedstuctures are residential houses, 7 houses cum shops, 13 independent shops, and 2 publicstrctures. Moreover, 13 of the severely-affected structures will have to be relocated, 8 ofwhich are houses and 5 independent shops. The 2 severely-affected public stuctures may stillbe re-organized on adjacent lots

No crops or trees of commercial value will be affected by the road project.

1.3 Steps Taken to Minimize the Impacts

The steps taken to minimize adverse impacts of the project include the following:

a. Reduction ofthe mandatory clearance line to 10 m from the road center line.

b. Civil works wll not commence until afler the mandatory clearance line has beenenforced. Therefore, the phasing of constuction work will be planned in closecoordination with the PAFs and affected governmeent entities.

1.4 Main Objectives of the Resettlment Action Plan

Development projects that resuk to the invohmtary displacement of people generally give riseto severe economic, social, and environmental problems. Invohlnay resettement may causesevere long-term hardshp, impoverishment, and environmental damages unless appropriatemeasures are carefully planned and caried out. Cognizant of the foregoing, the principalobjectives of this RAP are to:

a. provide an assessment of the mpacts that the proposed road project will have on the localpopulation;

b. quantify in monetary terms the private and public assets that will have to be acquired foror impacted by the project;

c. present a strategy that will ensure the timely acquisition of assets, payment ofcompensation and delivery of other benefits to project-affected persons PAPs;

d. provide a plan on how the PAPs will be involved in the various stages of the project,including the implementation ofthis RAP, in line with DPWH's Resettlement Policy; and

e. give an over-all estimate of the required resources needed to implement this RAP.

£ an over-all estimate ofthe requied resources needed to implement this RAP.

Calinan-Buda Road Section Resetement Action Plan

FIGURE 1.1 Location Map of the Project Area

r EStbwagan < \ j / > \ i w Pam ca~~~~~~~~~~~~un uen tU->R~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r pa igvnloNko \41;t /

} / I \ / EN~~~~~~~D OF CONTRACT 1 \\ / N NJESD* + ... | Sta. 81+000 Simod 1 Br.

Mucuinmsa /0

II

L -A

0 10 20

Kilometers

IStaRT34+800OSuawan Br.

Name of Phect Types of Map ScaleRqmblikoftbePbDimbeDEPARTMBNT OF PUBLUC WORWS AND HIGHWAYSkvlroruental Impact Asement Project OfMce Callan - Buda Road Location Map 1 :400,000


CHAPTER 2. DESCRIPTION OF IMPACTS AND SOCIO-ECONOMICCHARACTERISTICS

2.1 Administrative Unit

The Calinan-Buda Road Section is within the Chartered City of Davao, bordering the Provinceof Bukidnon. It is under the adminisive jurisdiction of DPWH Region Xl Office and theDavao City District Engineeing Office. On the other hand, the project area is within theadminisative jurisdiction of the District of Marilog of the local government of Davao City.

2.2 Social and Economic Characteristics of the Project Affected Persons

Census and inventory of affected assets covered 100% households. A baseline survey of severelyaffected households was conducted on June 30, 1999 to July 1, 1999. A total of 62 PAFs werefound to be acually residing or doing business along the clearance line (ie., 7.5 m from the roadcenter line). Ihis number does not include the owners of 8 residential or commercial stucturesthat were being rented out to other PAFs. The owners of these leased main stuctures were livingelsewhere outside the ROW when the socio-economic survey was conducted. Thus, no socio-economic data were gaered on them. Like the other PAFs, however, these people will also becompensated for any damaged property and/or lost income.

2.2.1 Household Size

Of the 62 PAFs covered by the socio-economic survey, 28 came from households with 4 - 6members (45.2% of a total of 62 PAFs). PAFs coming from households with 7 - 10 membersaccounted for 32.3% (20 PAFs), while those coming from households with 1 - 3 membersaccounted for 22.6% (14 PAFs).

Table 2.1: Distribution of PAFs by Household Size*

~- - - --- -4 -3 4 4_:>7X.¢ Xr6rtw ,,trS*

~H.._lAL1 %W M. Al IA fHHf- I 1I Marbaa 11 78,6 21 75.0 16 80.0 48 77.4

c~~~~ .- _ _ __ Aracan- - - _ _

Salmay I 7.1 4 14.3 3 15.0 8 12.9mm , - 1 3.6 - 1 1.6Rude 2 14.3 2 7.1 1 5.0 5 8.1Tobl 14 100.0 2 00.0 20 100 62 100.0

*NOTE: 'here were 71 main structure bind witbin th emosutami limit at the time of the survey. Hioweve, fiur PAFS InBrgy. Maraban had each a home and a commercil stucue tis, thy wam considered any oance in the counting of PAFs. Alsonot inrluded in the coumt of households we a coperaive staoe, a mnihqy outpost, and 1 obandoed dwHling unit, al in teBagy of Marabaa Likwise axcluded fiom the count is a waiting shed in Salumay and awul in Bagaihn

5


2.2.2 Distribution of PAPs by Age

With an average household size of 5.4, the total number of persons to be affected by the roadproject was estimated to be 333. Of this number, 37.5% (or 125 persons) were 22 to 60 yearsold, 21.9% (or 73 persons) were 7 to 14 years old, 20.4% (or 68 persons) were 15 to 21 yearsold, 16.5% (or 55 persons) were 6 years old or younger, and 12 (3.6%) were 61 years old andabove.

Tible 2.2: Distribution of PAPs by Age

B " '* "' ' '7'-'' ';-Age

AgesO. 7 to 14*o 1 to21 o y , 61 years A. -PAP I PAP II PAP % 'PAP i PAP % p l PAP

Gisrahan 45 81.8 56 76.7 56 82.4 92* 73.6 10 83.3 259 100.0

cin, - 1- - . .-

Salmay 8 14.5 12 16.4 6 8.8 18 14.4 1 8.3 45 100.0Lorega 2 3.6 - - 2 1.6 1 8.3 5 100.0Buda _ _ 5 6.8 6 8.8 13 10.4 - 24 100.0

Total 55 99.9 73 99.9 68 100.0 125 100.0 12 99.9 333 100.0*NOTE: Excluded is the owner of the abandoned residental strcure who, neighbors said, was asou 57 years old.

2.23 Distribution of PAFs by Religion

Most of the PAFs were Roman Catholic, 82.3% or 51 households of the 62 totaL The rest of thePAFs (11 households or 17.7%) belonged to other Christian denomintions.

Table 23: Distribution of PAFs by Religion

- .- _ -,Od:r, .hjnw .

Marha Count 41 7 - - 48

% 85.4 14.6 _ 100.0Ba-b CUM~

ABo_ Count . . ._ _ _ C . -

Saluy count 6 2 - 8% 75.0 25.0 100.0

IArep Cout I . . . .% 100.0 . . -100.0

Buds co 3 2 % 60.0 40.0 . . 100.0

Todal cmt 51 11 __________ 5~~~ ~~2.3 17.7 - - .0iL

*NOTE: Excldedi is the owner of the abmndcned residential sgrucwre who, neighbors said, was a Protestant

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2.2.4 Minority Groups

In a follow-up fieldwork undertaken by DPWH personnel in March 2000, it was learned thatonly one (1) PAF was a Manobo. The areas that form the tri-boundary of Davao City and theprovinces of Bukidnon and North Cotabato are inhabited by indigenous tribal groups, theMatigsalog and the Manobo. These areas include the barangays of Salumay, Marahan and Buda.Altough lowlanders from the island provinces of the central Philippines (locally known asDumagat) are gradually gaining ground in areas close to the road corridor, the Matigsalog andthe Manobo are still a major group in the area. In fact, the Matigsalog and the Manobo haveformed an association that covers 20 barangays within the tri-boundary where these tribal groupsstill constitute a sizeable bloc. This association is called the Federation of Matigsalog-ManoboTribal Council, Incorporated. The Council is headed by a supreme Datu (chieftain) in theperson of Kitaotao Vice Mavyor Lorenzo A. Gawilan. The barangays covered by the Council arereportedly also covered by a Certificate of Ancestral Domain Claim (CADC). Under theCADC, the Council and/or its member organizations will have to be consulted before anydevelopment program may be initiated whin their area. Also, ancestral lands that are still in thehands of members of the tribal groups may not be conveyed to outsiders by way of an absolutesale. They may only be leased.

In view of the above, the Supreme Datu of the Tribal Council will have to sit as regular memberm the Calinan-Buda resettlement committee.

2.2.5 Length of Stay in the Community

Most (67.6% or 48 of the 71 total) of the PAPs, ie., families or institutions, had been in theproject area for more than 3 years. Only 9 PAPs (12.7%/) had been in the area for less than ayear.

Table 2.4: Distribution of PAPs by Number of Years in the Community

i-3Y)eM de w.;W.__*___ Y ars -1 3Ym .r_ Aiwr _____

Marahan Count - S 38 1 55._______ _ _ o 14.5 14.5 69.1 1.8 99.9

Bapgm Count t 1 1__________ _________ - - - 100.0 100.0

Ar_cs Count -

Salumay Count 4 5 9*/e 44.4 55.6 - 100.0

Lre Coumt I I 1% . - 100.0 100.0

Buds Coamt 1 4 5Ye 20.0 - 80.0 _ 100.0

Towl Comt 9 12 48 2 71% 12.7 16.9 67.6 2.8 100.0

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2.2.6 Household Income

2.2.6.a Main Source, of Income

Most of the afficted households (82.3%, or 51 of the 62 total) derived their income fromfarming, 11.3% of the households (or 7 PAFs) were engaged in business, albeit marginal, and6.5% (or 4 PAFs) were employees or laborers.

Table 2.5: DstrIbution of Household Heads by Main Occupation

;OtiC Musrh=. Arun S _ BuiD Tl.Businessnantwoman 6 _ - - 1 7Farmer 39* 7 1 4 51Fishemam . . . . .Gov't/Private Employee,teer, diver 3 3 -

Pubity D.ver Reired/Pensioner _Laborer (c , bldmid,jujitor, etc.) _ - 1 _ I

Tobl 48 . . 8 1 5 62*NOTE: Excluded is the owner of the abandmned residential swtrutre who, neighbors said, was a fannmer in Davaocity.

2.2.6.b MonthbHousehold Income

Majority of the PAFs (80.6% or 50 of the 62 total) were extremely poor, with an avragemonthly income of PhP5,000.00 or less. 11.3% (or 7 PAFs) reported a monthly earning ofPhP5,001 to PhP10,000, while 6.4% (or 4 PAFs) reported a monthly income of PhP10,001 toPhP20,000. Only one PAF reported a monthly income ofPbP20,001 to PhP30,000.

Table 2.6: Distribution of PAFs by Monthly Household Income*

_ . . _~~~~~~Pghd. .. *t- t ,__ - ) wgaO> nPilil-;;-

.___ 3.1 166 <56 0* 50660 500 _____;-__................. ... o t.,. - -. .. iw ---- Om:

Mrulia Count 39 4 22 48* 1% 81.2 8.3 4.2 4.2 2.1 100.0

Baganihn Count . _ . .

Armcn c -- _ '

Salunay Count 6 2 8% i 75.0 25.0 . 100.0

lArep Count I . - - . - 1_ _ 100.0 - 100.0

Buda Count 4 1 S% 80.0 20.0 100.0

TOWa Coitso 7 2 2 1 62I % 1 ;3.6 113 3.2 3.2 1.6 - 99.9

*NOTE: Excluded is the owner of the abukned reidaita stucture who, neghbors said: was a firmr m Davaocity.

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2.2.7 Land Use Distribution

Majority of the PAPs (households and institutions), 49.3% or 35 of the 71 total, used the affectedland occupied for residerAial stuctures, while 26.8% (19 PAPs) for commercial stucs, and19.7% (14 PAPs) for residential cum commercial structus. 3 PAPs (4.2% of the total count)used the land occupied for institutional purposes.

Table 2.7: Distribution of PAPs by Land Use

.. ramp A_ _ R__d_ Lnsmd URe -l: --- Tl./Ar Reside.- Cu r- Rm W hldiuI/ -

_ ~ ~~~tua tia 0.1' Comerci I _sItiol .. _

Marsha. Count 23 19* 12 1** 55% 0 _ - 41.8 34.5 21.8 1.8 99.9

Bapnihan Count 1+ I________ /o L - _ 100.0 100.0

Araca Comt -

Salumay Count - 7 I 1+ 9O - 77.8 _ 11.1 11.1 100.0

Loreg Count - I 'I_________._ 100.0 - - 100.0Buds Count 4 1- 5

% 80.0 - 20.0 _ 100.0Total Count 35 19 14 3 171

_ 4 493 26.8 19.7 4.2 100.0%/.NOTES: * Includes one cooperative 'A mlhtay detadbmwt +Watng sheds owned by the baranay govemt.

2.2.8 Building Use Distribution

The project will adversely affect a total of 71 main sctus. Of this number, 49.3% (35stuctures) are used for residence, 26.8% (19 stuctures) for commerce, and 19.7% (14stues) for residence cum commerce. As mentioned previously, one affected main strcturein Maraban is a detachment of the military and one main structure each in Salumay andBaganihan are waiting sheds owned by the baranpy govemment. (See Table 2.8 next page).

2.2.9 Tenure of Main Structure Occupants

Except for 8 tenans, the rest of the PAPs owned the main structure that they were occpying.(See Table 2.9 next page).

9


Table 2.8: Distribution of PAPs by Use of Main Structure

;; 4 y - eU E M abuoetMe - T *. T.1--

Mu_han Count 23 19 12 1 55 S% 41.8 34.5 21.8 1.8 99.9

fl_p- Cwmt .-Cu I_______ - - - 100.0 100.0

Aracam Comit - ---

Saluna Count 7 1_ __ _ 77.8 11.1 11.1 100.0

Lorega COunt 1 1% 100.0 - 100.0

Bmda Count 4 1 _ 5% 80.0 - 20 100.0

Totl Cwat 35 19 14 3 71=____ _ % 49.3 26.8 19.7 4.2 1 0.

Table 2.9: Distribution of Main Structure Occupants by Tenural Status

.. ~~~~~~~~S* . _y ; '1'm< .r. >ta-TueSX's- .............. b .--_ ___ . __ .Oas _ ou _.___..

M urabam Count 49 6 55% 89.1 10.9 100.0

Ba _m Count I ___.____% 100.0 100.0

Arae= Count %

Salmay Count 8 1 9. _______% 88.9 11.1 100.0

L.p Count I I_ _ 100.0 - 100.0

Buds Count 4 1 5____.____% 80.0 20.0 100.0

Total Comt 63 8 71_______________8.% 7 113 10.

2.2.10 Category of Main Structures

None of the 71 main stutures was made of prmanelnt material. Most of these stuctures,97.2% or 69 of the 71 total, were of teorary materials, while the rest, 2 sntrts (2.8%),were of semi-permaDent materials. (See Table 2.10 next page).

10


Table 2.10: Category of Main Structures by Type of Construction

.___ I'. uu.mm -SMt SI-?eraid"Ot Tempeuury __.____.

Mazaha Counmt 2 53 55%/o . 3.6 96.4 100.0

Coint - 1 I.___ _ . 100.0 100.0

Aracan count ______

Salumay Count - ______ 9 9%_100.0 100.0Loreg Count 10. 100.0__ __ 1

Lmrelp Colmt I I% . 100.0 100.0

Buda Cotmt 5 5._. ' 100.0 100.0

Total Count 1 2 69 71% . 22.8 97.2 100.0

- -

2.3 Impacts of the Project

The census of affected population and inventory of affected assets that were carried out on June30 to July 1, 1999 provide the basis in determining the type, degree and scale of project impactsand in establishing the categories of PAPs (households and institutions). This information, intur, is used as basis for establishing entitlements for compensation and allowances. A baselinesocio-economic survey was also conducted to collect more information on PAPs who are to beaffected severely. The said census and socio-economic surveys were conducted by a compositeteam of ELAPO personnel and Regional and District Office staff of DPWH, with assistance fromofficials of affected barangays and in coordination with the Deputy Mayor of the City of Davaofor the District of Marilog. The results of the census and the swrvey were presented before therepresenatives of the City goverment and the affected barangays in March 2000.Arrangements for the vaLidation of the same were also discussed during the said meeting, whichwas held at the DPWH Regional Office in Davao City.

As mentioned earlier, the project will adversely affect a total of 62 households, or 333 individualpersons, not to mention the owners of 8 residential and commercial strches that were rentedout to the other PAFs. A total of 71 stuctures wfll be adversely affected, which icludes 1village-based cooperative store, a military detachment and an abandoned residential structure inBrgy. M=arban, and a waiting shed in Brgy. Salumay and another in Brgy. Baganihun.

Major impacts of the project are summaized next page.

11

Calin-Buda Road Section Resettlement Action Plan

23.1 Impacts on Land

A total of 1,522.75 m2 of land now in the possession of PAPs will be needed by the road project.All of these are within the road right of way (ROW). None of the PAPs hold any proof ofowneship over the land that occupied. Below is a breakdown of the affected lnd.

2.3.1.a Agdcudh~ Lan Td a

None of the affected land is used for agricultm.

2.3.1.b Residential Land

Thirty-five (35) lots used purely for residence will be affected by the road project. These lotshave an aggregate area of 725.75 m2.

2.3.1.c Commerial d

Nineteen (19) lots used purely for commerce will be affected by the road project. The aggregatearea of the affected commercial lots is 373 m2.

2.3.1.d ResidentialCommercial Land

Fourteen (14) lots used both for residence and commerce will be affected by the road project.The aggregate area of the affected residential/commercial lands is 397 m2.

2.3.1.e Instiional Land

Three (3) project-affected lots, with an aggregate area of 27 m2, were being used by governmentinstuions (the med forces and the local barany government).

Table 2.11: DIstribution of Affected Land By Use

Marhan Colmt 23 19 12 1Area 463.0 373.0 276.0 9.0

Baga Count .- -

Are 9.0A m a. . ._ _ _ _ ~~~~~~Area - _

SamCy Coimt 7 1 .Area 144.4 21.0 9.0

Lwtip Count I.Area 30.0 . .

Buda Count 4 1 .Area 88.35 - 100.0 -

Todal Comut 35 19 14 3Arm 72575 373.0 3397. 27.0

12


2.32 Impacts on Structures

A total of 71 main structures will be affected by the road project. The aggregate area of thestruct that will have to be acquired for the road project is 1,522.75 m2. 35 of these mainsructures were used for residence, 14 for residence and commerce, 19 purely for coimnerce, and3 for public use (le., governmnt-owned). No other structures (e.g., driveway, boundary wal)will be affected. These affected fixed assets were concentrated in Brgy. Maraan.

Table 2.12: Distribution by Number and Area of Main and Other Structures Affected

ltkv) MI Eff~I I U5 Om

As mentioned in Table 2.10, 69 of the affeced main structures, with an aggregate area of1,487.25 m2, were made of temporary materials, while the remaining 2 (35.5 m2) are of semi-permanent materials.

Table 2.13: Category, Number and Area of Main Strmetures Affected

7,_t___ - r_

~'I - F U FEI _

A3 etiotalo tinrTy-fie 2.10, residential suctmed als, with an aggremeaot255e2 wl areaoaffected m2, the roade poject.woymtras hl her 3. 2 r fsm

EuKUKrU EU1

-°=- '' EX K UL D

2.3.2.a Residential Strucues

A total of thryfive (35) resiential strc=es, wihan agrgate area of 725.75 m2, wvill beaffected by the road project.

13

CaInan-Buda Road Section Resettlement Action Plan

Table 2.14: Distribution of Residential Structures

JO - - -- -, -,

11 59.0 8 270.0 4 134.0

BAnuba - -- -_

Sai_sy 1 0.4 3 94.0 3 50.0lorea . - I 30.0 - -Buda 1 9.75 2 57.0 1 21.6

Total 13 69.15 14 451.0 8 205.6

2.3.2.b Residential/Commercial Structures

A total of fourteen (14) residential cum commercial structures, with an aggregate area of 397.0m2, will be affected by the road project.

Table 2.15: Distribution of Affected Residential/Commercial Structures

Brgy. ___ jee (Man W seven ) Severe___ Coust -Are Coit Am- : Co '-eA --

Marahs 7 69.0 5 207.0 _

Anus - - -.salumay 1 21.0

Buda I 100Total 7 69.0 7 328.0 _ _

2.3.2.c Commercial Structures

A total of nineteen (19) commercial stuctures, with an aggregate area of 373.0 m2, will beaffected by the road project.

Table 2.16: Distribution of Affected Commercial Structures

3B;~ _ _-unn mmr.Vovst -,Arm ACinr r. Ct

Ml ~~ -Mrha.d 6 39.0 8 258.0 5 76.0

Buds - -Tdal 6 39.0 8 258 5 76.0

14


2.3.2.d Institutional Structures

A total of three (3) institutional structures, with an aggregate area of 27.0 m2, will be affectedby the road project.

Table 2.17: Distribution of Institutional Structures

*'7',,yt. -, ' t i-n ; Seaew ta -- we u Rel _) l__ . . tC W Ame Couit 'Ars Cout Area

Mamsb 1 9.0 _ . -

B 1iihui . 1 9.0 -Amcan - -

_- I ______ 1 9.0 . -

Buda __ - --

Total 1 9.0 1 18. __

In sum, twenty-seven (38.0%) of the aforementioned main structures will stiUl be viable forcontinued use, while the 44 others (or 62.0%) will not. Moreover, of the 44 severely-affectedmain stuctures, 31 (or 70.5 %) may still be re-organized on adjacent lots, while the 13 others(29.5%) will have to be relocated elsewhere.

Table 2.18: Distribution of Main Structures Affected According to Viability, Possibility toReorganize and Area

___ _

_~EE EGJSr0

~ " -M__ Nk Nk UELI W I- M W !

2.3.3 Loss of Crops and Trees

The project will not affect any household due to loss of crops. Likewise, no tree or perennial ofcommercial value will be affected by the road project.

23.4 Temporary Impacts

The temporary impacts of the projects during the implementation stage will be negligible sinceall of the proposed improvements in the projects will be carried out wihin the existing ROW.

1S


23.5 Relocation Requirements

As mentioned earlier, thirteen main structures need to be shifted: 8 residential and 5 commerciaL4 of the residential structures are located in Brgy. Marahan, 3 in Brgy. Salumay, and 1 in Brgy.Buda. The 5 commercial main stuctures are all located in Brgy. Marahan The project will notrequire the development of a relocation site.

Table 2.19: Distribution of PAFs Needing Relocation

.11rsupy Residieth R UoinamsrcIi TotINh - % -M % -No. % No.

Maraha 4 50.0 5 100.0 9 692

Bracsanb - - - -Arseca .saiumay 3 37.5 3 23.1

Bafd 1 12.5 - 1 7.7Total 8 100.0 5 100.0 13 100.0

2.3.6 Summary of Impacts

The summary of impacts of the road project is shown on Table 2.20. next page.

16

Calinan-Buda Road Section Reettlement Action Plan

Table 220: Summary of Affected Assets

Items IJnlt/ PAPA Total RemarksQuantity Area

Use of Land- Agriculural m2

- Residential m2 -

- Residential/Commercial m2 - -

- Commercial m2 - -

- Industial m2 - -

Main Structures- Permanent m2 - -

- Semi-Permanent m2 2 35.50- Temporary m2 69 1,487.25

-Structures partially affected m2 27 186.15-Structures severely affected m2 31 1,055.00(may yet reorganize)

-Structures severely affected m2 13 281.60(relocation required)

Other Structures (fence, m2 - -

Concrete pavement, etc.)

Trees and crops-Trees Tree

- Crops m 1

17

Calinan-Buda Road Secton R _es ent Acton Plan

Chapter 3. COMPENSATION RATES AND ENTITLEMENTS

3.1 Introduction

This section presents the category of PAPs' (ie., fmilies and institutions) and their entitkments,based on the resuls of the census and inventory of affected assets.

3.2 Detailed Compensation Entitlements

The impacts of the project will resul in the acquisition of squatted land, stues and otherfixed assets, including loss of inomes and businesses. PAPs will be compensated according tothe DPWH Land Acquisition Resettlement and Relitation (LARR) Policy. (See Annex A fora copy of the LARR or Resettlement Policy). This section outlines compensation enitlements foreach category of PAPs. The compensation entitlements are sumarized in Table 3.1.

3.2.1 Loss of Arable Land:

PAPs wil be eligible to compensation according to their status, thus:

a) Legal owners of affected arable land. This category inchdes PAPs who have full title to theland, those who hold tax declaration, those who are covered by customary laws (eg.,possessory rights, usufiuct), or those who hold some other kind of acceptable proof ofownership. PAPs in this category may or may not be whin the existing ROW.

- No PAP fills in this category.

b) Users of affected arable land without tax declaration, title, or any acceptable proof ofownership. This category incles PAPs who have occupied the land with the 20 mclearance corridor (ie., constuction limit) or within the realignment sections.

* No PAP fbls in this category.

c) There are no tenant or lessee occupats of agriculural land in the Cala>n-Buda Road Project.

d) No PAP wil be affected by the temporary use of its arable land for the road project.

3.2.2 Loss of Residential or Commercial Land

This category covers PAPs who have fuol ttle to the affectd reseial or commercia land,those who hold tax declaration, those who are 9overed by customary laws (e.g., possessory

Unless spifically satod as prject-acd f RAP), the term prqoct-affecd perisn (PAP) is used roadlyto mean housholds, argaiios and institution

18

Calinan-Buda Road Section R aettlmen Action Plan

rigs, usufiuct), or those who hold some other kind of acceptable proof of ownership. PAP intis category may or may not be within the exist ROW.

a) No marginally-affeted PAP fills m this category.

b) No severely affected PAP falls in this category.

c) No PAP wil be affected by the temporary use of its residential or commercial land for theroad project.

3.2.3 Loss of Residential and Residential cum Shop Structures

This policy applies to main rsidential stuctures (e.g., houses or houses cum shop) located withinthe 20 m clearance corridor or within the realignment sections, with or without a building permit.

a) Partially affected main stuces, ie., strucres are not completely lost but are still viable forcontinued use:

* No PAP, whose land is covered with full tile, tax declaration, customary law, or someother acceptable proof of ownersh, will have his/her/its main residential structurepartally affected.

* 20 PAPs, who do not have any acceptable proof of ownersbip over the land they use fortheir main residential structure, wM be partially affected. Of tis number, 7 PAPs alsohave small variety stores in the residence (ie., house cum shop). These 7 PAPs, whosebusiness might be affected, will receve susstence allowance for loss income durmg thereconstruction period of the man redential suctures, but not to exceed 1 month. Suchwill be verified and computed by the municipal remt mpltin committee(RIC). Moreover, the 20 marghily affected PAPs will each be entied to:

- Cash compensation in cash at replacement cost (ie., the cost in materials and labor tobuild a similar structue at cwrent prices) for the affected portion, including the cost ofrestoring the remaining structure, as determined by the concerned appraisal committee andwithout deduction for salvaged materials.

* 2 marginaLly-affected msidential sructures are occupied by tenant PAPs. The owners ofthese residential strutures have been inchded already among the 20 PAPs who are to bepartially affected by the project. The tenant PAPs, on the other hand, wil be enttled to:

- 3 month notice on the schedule of demolition.- If shiing is required, a tranitional allowance equivalent to one month rent of a similar

structure withm the same area- Free transportation to hu belongings.

19


b) The entire main residential stuctures (house or house cum shop) are affected, or when theremaing residential structure is no longer viable for continued use. This category coversPAPs who will either reorgnize their stuctures on adjacent or nearby lots or those who wMhave to relocate or shift elsewhere,

* No PAP, whose land is covered with fill title, tax declaration, customary law, or someother acceptable proof of ownership, will have hislaer/its main residential stuctureseverely affected.

* 29 PAPs, who do not have any acceptable proof of owneship over the land they use fortheir main residential structures, will be severely affected by the road project. 8 of thepurely residential structures, and none of the residence cum shops, will have to be shifted.The 7 severely-affiected residence cum shop proprietors will each be entitled to asubsistence allowance for income loss within the duration of the reconstruction of the saidstructures but not to exceed 1 month. Such wil be verified and computed by themunicipal-based RIC. In addition, all of the 29 PAPs wil each be entitled to:

- Cash comrpensation for the entire structure at replaement cost as determined by theconcerned appraisal committee without deduction for salvaged materials.

- If the PAP does not own any land to relocate to, he/she/it will be allowed to move backbehind the construcion lhmit but still witin the ROW until such time tbat the same is ableto acquire a legimate land or when the government wil need the rest of the ROW(NOTE: a pledge of underaking for this purpose will be executed by the PAP)

- Free transportation wil be provided for hauling belongings.- Rehabilitation assistance (sklcls trainig and other development activities) equivalent to

PhPl5,000 will be provided in coordiation with other governmet agencies if the presentmeans of livelihood (e.g., house cum shop) is no longer viable and the PAP householdhead will have to engage in a new income acvrity.

* 3 severely-affected residential stuctures, and none of the residence cum shops, areoccupied by tenant PAP households. The owners of these residential strctur arealready included among the 29 sevelr-affected PAP households who wil lose theirresidential stucture The tenant PAP households, on the other hand, will be entled to:

- 3 month notice on the schedule of demolition.- A transitional aowance equivalent to one month rent of a similar structure wihin the

same area.- Rehabilitation assistance (skils taing and other development acvies) equivalent to

PbP15,000 wil be provided in coordiiation with other goverment agencies if the presetmeans of livelihood (e.g., house cum shop) is no longer viable and the PAP householdhead will have to engage in a new income actvity.

- Free trasportation to haul belongings.

20

Calnan-Buda Road Sectdon Resettlement Action Plan

3.2.4 Los of Independent Shops/Stores:

This policy applies to stores and other commercial shops that are not attached to, or part o£ themain reiental stuctures (e.g., houses) and are located wihin the 20 m clearance conridor orwithin the realignent sections, with or without a buildig permit.

a) PartiaLly affected commercial main stuctures, le., they are not completely lost but are stillviable for continued use:

* No PAP, who has full title, tax declaraion, or other acceptable proof of ownership overthe land where his/herits affected main commercial structure is located, fais m thiscategory.

* 6 PAPs, who do not have any acceptable proof of owners over the land where theiraffected main commercial stutures are located, are partialy affected. These PAPs areeach entitled to:

- Cash compensation for the affected portion of the stucture, inchlding restoration cost asdetermied by the concerned appraisal comnittee, with no deduction for salvaged buildingmaterials.

- As determined by the RIC, each PAP will be entled to a transitional allowance to coverfor their computed income loss during the demolition and reconrion of their shops,but not to exceed a period of 1 month.

* No tenant PAP fils in this category.

b) The entire commercial main sttes are afifcted, or when the remaiig stues are nolonger viable for continud use. This category covers PAPs who will either reorganize theircommercial stuctures on adjacent or nearby lots or those who will have to relocate or shiftelsewhere.

* No PAP, who holds any acceptable proof or ownersbip over the land where hisher/itsaffected main commercial stucture is located, fails in this category.

* 13 PAPs, who do not have any acceptable proof of ownership over the land where theiraffected mam commercial sructures are ocated, are severely affected. 8 of them mayreorganize their shops on adjacent lots, whie 5 wil have to relocate. These 5 PAPs wileach be entitled to a substitute lot that is equal or bigger in area and, preferably, near theiroriginal place. Moreover, all ofthe 13 PAPs are each entied to:

- Cash compensation for the entire strut at replacement cost (ie., the cost in materialsand labor to build a similartcture at current pnces) as determied by the concernedappraisal commttee whout depreciation for salhaged materials.

- If relocating, free ortaton wl be providled.- Subsistece allowance ofPhPl5,000.

21


- Rehabiliation assitance (skills trainig and other development activities) equialent toPliP15,000 will be provided in coordination with other goverment agencies if the presentmeans of livelihood is no longer viable and the PAP household head wl have to engage ina new income acty.

* There are 4 tenants whose businesses and incomes will be severely affected by thecomplete loss of the commercial stuctures that they are renting. The owners of thesecommercial stuctures have been counted already among the 13 aforemenioned severely-affiected PAPs. On the other band, the tenant PAPs will be entitled to:

- 3 month notice on the schedule of demolition.- A transitional allowance equivalent to one month rent of a similr structure within the

sam area- Free ransportation to haul belongings.- Subsistence allowance of PhP15,000.- Rehabilitation assistance (skills traing and other development activities) equivalent to

PhP15,000 will be provided in coordination with other govemment agencies if the presentmeans of livelihood is no longer viable and the PAP household head wll have to engage ina new income activity.

3.2.5 Loss of Other Fixed Structures

This policy applies to other fixed structures stores, such as fbnce, gate, concrete pavement, thatare located within the 20 m clearance corridor or witin the realignment sections, with or withouta building permit.

Owners of partialy or severely affcted other fixed (miscellaneous) structures are enttled to cashcompensation for the affected portion of the stucture, inchlding the cost of restoration.

There are no PAPs famling in this category.

3.2.6 Loss of Standing Crops and Trees

No standing crop or trees of commercial value will be lost.

3.2.7 Loss of Service Facilities

For the loss of utilites, such as water supply and eectric connecdons, PAPs wil be compensatedto cover the cost of re-connection. This winl be verified by the RIC.

3.2.8 Loss of Public Infrastrmure and Other Asets

The project wil affect 3 goverment-owned struts, 1 military outpost and 2 brangay waitigsheds. Compensation for these stuctues wil be paid to the reetive authorities at replacementcost fDr re-buldig the same.

22

Calinmn-Buda Road Sctdon Resettlemant Action Plan

Table 3.1: Entitlement Matrix

Type of Applamtio Entitled Peum CompemtlemLM

1. Arable land A:tual area needed by the Ownes with fill For the portion of the land neoded:rnd proicd and the tidtle, tax declaration +Cash compenation eqivalent to 2uial value + 10%* (AO

Nil remaining land is still or who ar coveed S0)ecomically viable by casomy law +Topping-up supplemental assistac equvalent to the

(e.g. ps iace between the nnal value + 10% and the fairrigts, usuftw) or maket value in the am as estblished by the independodhe accetable appier to be hired by the projectproof of owneship +Cash compensaion for perenials of commacial value as

detrmined by the DENR or the concened appraisalommittee

+PAP will be given sufficiet time to hanest aops on thesubject land

PAPs withou title, For the portion of the land needed:tax declarion, or +PAP will be given suflicidet time to hvest copsam not covered by +Cash compensation fr pals of ommeral value asaitomay law (eg., determined by the DENR or the concaned appraisalpossessoryrghso emmitteusufiu) or other +Fmncial assace to make up for land preparation inaceptable proof of the anousm of PhP15O per square meter

, ~~~~~~~~owmnhip

Remaining land becomes Owners with fill +Csh compa nst equivalent to Ia value + 10% (AOenomically not viable tide, tax decdrstion S0) or, if feasible, 'bnd for land' will be provided in terms(i.e., PAP losing >20% of or who re coved of a new paroel of land of equivalent pdctivity, at aland holding or even when by onsmmy law location acoeptable to PAP, and with longterm security ofldoing e20% but the (eg., poasesaory temnrremaining land is not riots, usuftuct) or +Toppiqnup supplkemtals asistance equivalent to theeconmically viable other aceptable difince between the a value + 10% and thc fairanymore) proof of ownership maket value in the aea as established by the independent

apaiser to be lire by the pre+Subsistence allowance of PhP1S,000+PAP will be given sufficient time to havest acps+Cash compensatin for perennials of commercl value asdetemined by the DENR or the concenod appraisalcommittee+If relocating, PAP to be povided fre transportation

ebabitaon assst_a (skills train and othrdevelopment actvities) equivalen to PIPIS,000 will beprovided in codiaion with oher gvenmet agencies ifthe pret me of Ihvelhood is no lg viable and thePAP wil have to en in a new income adivity

23


Type of Application Etitled Pen.. CO_ Pe_tlom

PAPs without tile, +Fmancial assistance equivalent to the averag annualtax declartion, or gos hrvest for the past 3 years but not less thanare not oovred by PhPIS,000oaommy law (eg., +PAP will be given sufficient time to hawvst aopspomsy rigt +Cash compensatiOn for peresnials of commercial value asusufiut) or other detemined by the DENR or the cocerno appaisalac:eptable proof of oommltteeownership +Fnancnl assistance to make up for land prepwation in

the amount of PbP 150 per square meter1 HH +If relocating. PAP to be provided free taspation

+Rehabilitation assistance (scills raining and otherdeelopment activides) equivalent to PhP15,000 will beprovided in coordination with other gDverment ageces ifthe present means of lvelihood is no looge viable and thePAP will have to en8age in a new income activity

Agricultural lessees As per RA 6389 and EO 1035:+Disrbance compensation equivalent to five times the

Nil average of the gross harvest on the land holding during thefive preceding years but not less than PhPI5,000.+Rehabilitation assistane (skills trig and obierdevelopment activities) equivalent to PhPI 5,000 will beprovided in coordination wit her oivenment agencies ifthe present means of livelihood is no konger viable and thePAP will have to engage in a new inome activity

Temporary use of land All PAPs +Compensation to be prvided for lou of inome durnthe period, stnding ops, cost of soil restoration and

N=l dmaged swes

2. Residential Actual area needed by the Owners with full For the portion of the land nededoland andlor road prqect and the title, tax de artion +Cash compnsatin equivalent to zonal vaue + 10% (AOCommercial remaining land is still or who are ovrd 50)land viable for conued use by astomay law +Topping-up supplemental asistnce eqivalent to the

(e.&, poese y diffene betwen the zal value + 10% and the iUirN11 right. usufruct) or market value in the rea as established by the indpendent

other acceptable appiser to be hired by the prQoectproofof ownerShip +Cash ompesation for pewnnials of commercial value

as detemmined by the DENR or the concered appraisalco4mittee

24

Cajinan-Buda Road Section Resettlement Action Plan

Type of AppWai Entitled Pers CempeaoLAM

Remaining residential or Owne with full +Cash compensation equivalent to mnal value + 10X (AOcommercial land bewomes title, tax declartion SO) or, if feasible, land for land' will be povided in termsnot viable for contimied or who are Dovered of a new parcel of land of equivalent maret value, at ause. by atomary law location acceptable to PAP, and with long4erim soeuity of

(e.&, possssoy tenure The replacement land should be of acceptable simrights, usufiuc) or under 2ning laws or a plot of quinvalent value, whicheverother acoeptable is larger, in a neaby resettlement area with adequateproof of ownership physical and social ins cu When the afoted

holding is larger in value than the relocltion plot, cashcompensation will cover the difrenac in value.+Topping-up supplemenal aist equivalent to thedifferenc between the z2mal value + 10% and the fEirmarket value in the area as established by the indqxendentappnuiserto be hired by the prject+Cash compensation for peremnials of commercial value asdetermined by the DENR or the concmned appnrisalcommittee+If relocating, PAP to be provided free transportion

Tempory use of land All PAPs +Coipensation to be provided for loss of income duringth period, standingarops, cost of soil rstoration and

. ~~~~~~~damaged stnutrs

3. Main Structure, with or without a Owners of stnucte Compensation in cash for affected potion of theStcures bulding permit, parially with fill title or tax structwe, induding the cost of retring the remaining(cg., house, affiected and the remainin dedation to the struce, as deteamied by the cononed appraisalhouse cm suctmre is still viable for land or thome who committee with no deduction for salvapd buildingshop) co_ntied use. are coved by materials

customay law (eg., +PAPs who have busess affeted due to pial impact49 HH 20 HH posesory rights, on the structure e entitled to a subsisten allowce for

usufict) or othr the loss of innome during the recootruction period. (Sucha.ccptable proof of will be verified and computed by the Municipalownship Resettlement hmplementing Committee or R1C)

Owners of -Compertsatio in cah for affected portion ofthestmucue stuue, including the cost of rstoring the remainginudig shanty s _mctm as demined by the concerned apraisal

dwellers in urban oommittee with no deduction for salvagpd buildingareas, have no title mataialsor tax decltion to +Shanty dwellers in urban areas who opt to S bkc tothe land or other their place of origin in the province or be shifted toacceptable proof of _vernment relocaton sites will be provided freeownri_ p transtion

+PAPs who have business amcted due to patial impact13 HH (residential) on the strucur are entitled to a subdstce llownce fr7 tH (houscwm the loss of income duing the reonstct period. (Such

shop) will be vified mad acmpted by the municipalResettlemnt mplemnating Committe or RIC).+Profissionl squattes will not receive compensatio btthey cam ollect their salvagable mrWals

25


Type of Application Entitled Person CompensationLoss

Renters (tenants) of +Given 3 month notice on the schedule of demolitionleased affected +If shifting is required, PAP is given transitional allowancestructures, including equivalent to one month rent of a similar structure withinrenters of shanty the same areadwellings in urban +For house tenants renting structures outside of, or withinareas the ROW, and who have to transfer elsewhere, free

transportation will be provided2 HH (house) +Renting shanty dwellers in urban areas who opt to go back

to their place of origin in the province or be shifted togovemment relocation sites will be provided freetransportation

Entire structure affected OR Owners of +Compensation in cash for the entire structure atwhen the remaining structures with full replacement cost as determined by the concemed appraisalstructure becomes not title or tax committee without deduction for salvaged buildingviable for continued use, declaration to the materials.with or without a building land or those who +Inconvenience allowance of PhP10,000 per PAP.permit are covered by +PAPs who have business affected due to the severe impact

customary law (e.g., on the structure are entitled to a subsistence allowance for29 HH possessory rights, the loss of income during the reconstruction period. (Such

(22 HH residential usufruct) or other will be verified and computed by the RIC).7 HH house cum shop) acceptable proof of +If relocation is necessary, free transportation will be

ownership provided+Rehabilitation assistance in the form of skills training and

Nil other development activities and equivalent to PhP 15,000will be provided in coordination with other govemmentagencies if the present means of livelihood (e.g., house cumshop) is no longer viable and the PAP will have to engage ina new income activity

Owners of +Compensation in cash for the entire structure atstructures, including replacement cost as determined by the concemed appraisalshanty dwellers in committee without deduction for salvaged buildingurban areas, have no materials.title or tax +Substitute lot of equal or bigger area and, preferably, neardeclaration to the the PAP household's original placeland or other +Shanty dwellers in urban areas who opt to go back to theiracceptable proof of place of origin in the province or be shifted to governmentownership relocation sites will be provided free transportation

+PAPs who have business affected due to the severe impact14 houses & 7 on the structure are entitled to a subsistence allowance forhouse cum shops to the loss of income during the reconstruction period. (Suchreorganize; will be verified and computed by the RIC).

+If relocation is necessary, free transportation will be8 houses to relocate provided

+Rehabilitation assistance in the fom of skills training andother development activities and equivalent to PhPI5,000will be provided in coordination with other govemmentagencies if the present means of livelihood (e.g., house cumshop) is no longer viable and the PAP will have to engage ina new income activity+Professional squatters will not receive compensation butthey can collect their salvageable materials

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Renters (tenants) of +Given 3 month notice on the schedule of demolition Sleased affected +PAP is given transitional allowance equivalent to onestructures, month rent of a similar structure within the same areaIncluding renters of +For house tenants renting structures outside of, or withinshanty dwellings in the ROW, and who have to transfer elsewhere, freeurban areas transportation will be provided

+Rehabilitation assistance in the form of skills training and3 house tenants other development activities and equivalent to PhPI 5,000

will be provided in coordination with other governmentagencies if the present means of livelihood is no longerviable and the PAP will have to engage in a new incomeactivity+Renting shanty dwellers in urban areas who opt to go backto their place of origin in the province or be shifted togovernment relocation sites will be provided freetransportation

4. Independent Shops, with or without Owners of structure +Compensation in cash for affected portion of the structure,shops building permit, partially with or without full including the cost of restoring the remaining structure, as(structures) affected and the remaining title or tax determined by the concemed appraisal committee with no

structures are still viable for declaration to the deduction for salvaged building materials.19 HH continued use. land or those who +As determined by the RIC, PAPs would be entitled to

are covered by transitional allowance to cover for their computed income6 HH customary law (e.g., loss during the demolition and reconstruction of their shops,

possessory rights, but not to exceed a I month period.usufruct) or otheracceptable proof ofownership

6 HIH

Renters (tenants) of +As determined by the RIC, shop renters will be entitled toaffected shops a transitional allowance to cover for their computed income

loss during the period that their business is interruptedNil

Entire shop affected OR Owner of structure +Compensation in cash for the entire structure atwhen the remaining with or without full replacement cost as determined by the concerned appraisalstructure becomes not title or tax committee without deduction for salvaged buildingviable for continued use, declaration to the materials.with or without a building land or those who +Subsistence allowance of PhP15,000 to each PAPpermit are covered by +Rehabilitation assistance in the form of skills training and

customary law (e.g., other development activities and equivalent to PhP 15,0008 to reorganize possessory rights, will be provided in coordination with other government5 to relocate usufruct) or other agencies if the present means of livelihood is no longer

acceptable proof of viable and the PAP will have to engage in a new incomeownership activity

+Professional squatters will not receive compensation but8 to reorganize they can collect their salvageable materials5 to relocate +For the & PAP households relocating, each will be

entitled to:-Free transportation-Substitute lot of equal or bigger area and, preferably, near

___________ ______________________ ________________ the PAP household's original place

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Renters (tenants) of +Given 3 month notice on the schedule of demolitionaffected shops +Subsistence allowance of PhPI 5,000.

+If shifting, either permanently or temporarily is required,k 4 HH shop renters are entitled to free transportation

+Rehabilitation assistance in the formn of skills training andother development activities and equivalent to PhP 15,000will be provided in coordination with other govemmentagencies if the present means of livelihood is no longerviable and the PAP will have to engage in a new incomeactivity

5. Other fixed Loss of, or damage to, PAP HH +Compensation in cash for affected portion of the structure,assets or affected assets, partially or including the cost of restoring the remaining structure, asstructures entirely Nil determined by the concemed appraisal committee, with no

depreciation nor deduction for salvaged building materials.Nil

6. Electric Loss of, or damage to, PAP HH +Compensation to cover cost of restoring the facilitiesand/or water affected assets, partially orconnection entirely Nil

Nil

7. Public Loss of, or damage to, Concemed agency Compensation in cash at replacement cost to respectiveFacilities public infrastructure (e.g., agencies.

Barangay waiting shed,military outpost, high andlow electrical lines).

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3.3 Resettlement Costs and Budget

Funds for RAP implementation will be part of the Project budget. The annual investment plansfor the Project will include resettlement costs. Costs are estimated based on the prevailing ratesas of July 1999. Only households, individuals and organizations covered in the census on June30 to July 1, 1999 (cut-off date) are included in the RAP and are eligible for compensation. Theimplementation of the RAP is expected to begin in May 2000 and will be completed by June2000. Therefore, the market rates used for assessment of compensation will remain valid duringthe implementation period of the RAP. Actual valuation of affected assets, the municipalresettlement committee for structures, will be done during the implementation of the RAP. Saidappraisal of affected assets will be done in accordance with the DPWH Resettlement Policy.

3.3.1 Procedures for Flow of Funds

On the basis of the approved RAP, funding for the implementation of the resettlement plan willbe forwarded to the District Engineering Office, which in turn is tasked to prepare and processthe vouchers for payment of compensation to PAPs, relocation expenses, operational costs, etc.Requests for payments for the aforementioned will be made by the District Engineering Office,which is principally tasked to spearhead the implementation of the RAP.

3.3.2 Cost Estimates and Inflation Adjustment

DPWH, in consultation with relevant agencies, will determine the annual inflation rate and willensure that annual adjustments are made to compensation rates and to other cash entitlements.

3.3.3 Implementation, Administration and Contingency Costs

Implementation costs include costs of stake-out and demarcation, payment of allowances and perdiem to the concerned EIAPO staff and DPWH regional and district personnel, participatingmunicipal staff, barangay officials and RIC members. Administration costs represent 6.0% of thetotal project costs. The cost estimates for RAP implementation also include a provision forcontingencies equivalent to 15.0% of the total project costs. DPWH will ensure that adequatefunds are made available as and when necessary for efficient and timely implementation of theresettlement activities.

3.3.4 Unit Prices for Cost Estimation

Cost estimates for compensation are based on the provisions of the Resettlement Policy ofDPWH.

Table 3.2 presents the cost estimates for the RAP.

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Table 3.2: Estimated Resettlement Cost

MOUNTO:N.. .r ; .: : :: : : :-D.. . .

Comnensation for Land and Structures andother fixed assetsLand (AO 50)- Agricultural M2 2,000- ResidentiaVCommercial _ M2 2.000 -

Structures (Residential and Shops)- Permanent - M2 6,000- Semi-Permanent 2 M2 4,000 35.50 142,000.00- Temporary 69 M2 2,000 1,487.25 2,974,500.00Other Fixed Assets:- driveway, fence, gate, etc. - M2/LM 2,000 - -

Repair cost:- Permanent structures - HH 10,000- S. Permanent 2 HH 6,000 2 12,000.00- Temporary 26 HH 4,000 26 52,000.00Loss of Electric and Water Connection HH 500 -

CropslTrees- Arable crops M2

- Trees/Perennials Number variableSub-Total .. .... .Supplemental Assistance ('Topping-up') | M2 ILA

Transitional allowance to cover income loss for 5,000, butpartially and severely-affected house cum actual loss wilshops and partiaUy-affected independent shops 20 HH be computed by 20 100,000.00

RICSubsistence Allowance (severely-affected titled 17 (4 HH 15,000 17 255,000.00land, severely-affected shop owners tents.with/without title to the land) Incld)

Inconvenience Allowance (severely-affected HH 10,000 -

house owners with land title)Financial Assistance (severely-affected - H_ 15,000 -_settlers, de facto owners of agricultural land,etc.)Rehabilitation Assistance (severely-affected 49 HH 15,000 49 735,000.00PAPs) (Inc. 7

tents.)Land Preparation Assistance (marginaUy- M2 150 - -

affected de facto owners of agricultural land)Disturbance Compensation (lessees) - HH 15,000Rent Allowance (severely-affected house 3 HH 1,000 3 3,000.00tenants)Material Transport Allowance to Relocating 13 HH 1,000 (for fuel 13 13,000.00PAPs of DPWH truck) 13 13_000_00

- Sub Th1 ~~~~~~ :: .::.: .. ... ............. .: ... .. ........... Sub-Total - -..... _......._-_ ________:3

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.~~~~~~~~~~~~~~~~~~~~~~~~. .. .. :.... :. :-. :.--.... n .i ud-~~~~~~~~~~~~. . ... .. -......

Relocation Area (site development & access Lumproad) SumtExternal Monitoring and Post-implementation Lump 7,000.00Evaluation Sum _ _

Fee of Independent Land Appraiser .

TOTAL . 4,286,500.00 7,000

Management cost 6% 257,190.00Price contingencies 15% . . . 642,975.00

:G; - ... . -CRAND TAL 5.,186,665.00 7,0

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Calinan-Buda Road Section Resedement Action Plan

CHAPTER 4. IMPLEMENTATION SCHEDULE

4.1 Approval of the RAP

The RAP will be presented to DPWH and the World Bank for approval in May 2000. The salientpoints of the RAPS will also be discussed with officials of the City of Davao and the affectedbarangays in the first half of May. Copies of the RAP will also be given them for posting in theCity Hall and in the barangay halls. Once approved by both parties, the RAP will become legallyenforceable. Implementation of the RAP will begin as soon as approval of the same by the GOPand the World Bank is obtained. In the absence of the ESS at the DPWH Central Office, theEIAPO will implement the RAP under the overall supervision of the IBRD-PMO. Followgactivities will take place sequentially for the implementation of the RAP.

4.2 Resettlement Implementation Activities

Following are the activities to be undertaken in connection with the implementation of the RAP.Said activities are in consonance with the DPWH Operational Framework on Public Participationand Consultation. (See Annex B for the copy of the Public Participation Policy).

4.2.1 MOU with LGU and Establishment of the RIC

Following its approval and prior to the start-up of the implementation of the RAP, aMemorandum of Understaming (MOU) will be executed between DPWH and the Davao CityGovermnent to obtain the commitntd of the later. DPWH will then help establish the RIC forDavao City.

4.2.2 Training of the RIC

Immediately following the formation of the RIC, its members will be oriented on the work of thecommittee. Specfically, the RIC members will be trained in RAP policies and implementationprocedures.

4.2.3 Establishment of Detailed Compensation Rates

Upon completion of their orenaton semmar, the RIC members will validate the list of PAPs,review and update, where necessary, the rates for compensation payable for lost assets andincomes.

4.2.4 Conducting Public Information Campaig

With assistance from the City and barangay authorities, the RIC will arrange for public metingsin affected barangays. It will also develop a public infrmation campaign to dissminatinformation about the Project to the PAPs and the general public in the Project area. The PAPswill be informed of the schedule of the validation work of the RIC and will be rquet to keeptheir documents that indicate ownership of assets ready wben project representatives visit them.

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42.5 Stake-out

A stake-out of the project corridor will be done in the course of the validation work of the RIC toclearly mark the area required by the road project.

4.2.6 Finalization of Compensation and Other Entitlement of PAPs

Afer the unit prices have been updated, and folowing a visit to each PAP to valdate theinventory of affected assets, the RIC shall finalize entitlements and the total amount ofcompensation payable to each PAP. A Compensation Entitlement Form for each PAP will becompleted and signed by them to indicate their conence with the estimates of the affictedassets, entitlements and compensation amounts. A copy of the signed copy of the form will begiven to the PAPs for their own reference. Any disagreement on the inventory details orcompensation rates will be recorded and the PAP will be advised on what legal options he/she/itmay take.

4.2.7 Public Meeting

Upon completion of the Compensation and Entitlements estimates for each PAP, public meetingswill be aranged in each barangay to inform the PAPs of the schedule for the payment ofcompensation, reorganization and relocation arrangements for those required to shift orreorganize, and the schedule for start-up of civil works. The schedule for the civil works will becoordinated with constactors to ensure that PAPs are given adequate time to harvest their crops.

4.2.8 Payment of Compensation and Other Entitlements

All payment of compensation will be done in a public place. The place, date and time of thecompensation payment will be announced in advance and barangay officials will be requested toenue that all PAPs within their adminisrative jurisdiction are informed.

4.2.9 Reorganization and Relocation

A coordinated plan for relocation and reorganization of PAPs will be prepared in consulationwith them. PAPs will be provided sufficient time to complete their reorganization and relocation.

4.2.10 Handing Over the Site for Civil Works

The site will be handed over for civil works when all the PAPs in a section or part thereof arepaid fiull compensation and are rebceated and reorganized, or after project authorities havecomplied with the provisions of the DPWH Resettlement Policy. All compensatin andresettlement activities in a section or part of the project road will be conpleted in a satsfacorymanner prior to the awarding of the contract.

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43 Monitoring and Supervision of RAP Implementation

The implemeion of the RAP will be supervised by the EIAPO, with assistance from theProject TA. The EIAPO will also canyout intemal monitorng of the implementation of the RAPand will provide periodic progress reports to the IBRD-PMO. The supervision and monitoringof the implementation of the RAP will be done through the ELAPO counterpart staff at thedistict leveL

External monitors will be contracted to carry out external monitoring and post-evaluation study.

.

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CHAPTER 5. ORGANIZATIONAL SET-UP

The existing IBRD-PMO will exercise overall management and supervision of theimplementation of civil works and the RAP.

The provisions and policies of this RAP will serve as the legal basis for implementing theproject.

5.1 Institutions for Resettlement

5.1.1 DPWH

DPWH, through the IBRD-PMO, is overall responsible for implementing the project. Incoordination with relevant agencies, the IBRD-PMO will manage and supervise the overallproject, including resettlement activities and land acquisition. The IBRD-PMO will be assistedby the Enviromnental Impact Assessment Project Office (EIAPO) of the Planning Service inproviding technical guidance and support in the implementation of the RAP.

5.1.2 Environmental Impact Assessment Project Office (EIAPO)

The EIAPO will provide technical guidance and support in the implementation of the RAP andwill be responsible for the following resettlement activities:

- guiding the Resettlement Implementation Committee (RIC) to implement resettlementactivities in accordance with the Department's resettlement policies as specified in theRAP;

- amending or complementing the RAP in coordination with concerned governmentagencies and with the prior approval of the World Bank in case problems are identifiedduring the internal and/or external monitoring of RAP implementation;

- overall planning of the RAP;- guiding and supervising the RIC to carry out the verification of inventory, finalization of

entitlements, and assessment of final compensation;- submit compensation/assistance costs for approval by DPWH and allocation of needed

resources;- informing PAPs of their entitlements in coordination with local government authorities;- supervising the compensation payment process and the implementation of the RAP in all

the affected barangays;- providing training to the RIC on the planning and imnplementation of resettlement

activities and on the principles of resettlement in accordance with the RAP;- ensuring the availability of funds and proper accounting of expenses;- preparing periodic supervision and monitoring reports on RAP implementation for

submission to IBRD-PMO and the Bank; and- facilitating and ensuring payment for the hiring of the independent land appraiser and the

external monitoring agency.

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Successful implementation of the RAP will require close coordination between DPWH, other.government agencies, and city authorities.

5.1.3 Resettlement Implementation Committee (RIC)

As provided in the Operational Framework on Public Participation and Consultation, an RIC willbe set up and will be composed of the following:a. Representative of the City Governmentb. Representative of the PAPs per barangayc. A senior member of the staff of the Regional Counterpart of the EIAPOd. A senior member of the staff of the District Counterpart of the ELAPOe. Representative of the concerned Barangay Governmentsf Supreme Datu (chieftain) of the Federation of Matigsalog-Manobo Tribal Council, Inc.

The RIC will have the following functions:

a. assist ESS in (i) establishing compensation prices for structures, crops and other fixed assets;(ii) validating tenure status of land and structure; (iii) procedures of land recovery andallocation; and (iv) coordinating resettlement activities with other agencies.

b. assist ESS in public information campaign, public participation and consultation;c. assist ESS in finalizing compensation and entitlement forns for each PAP;d. assist ESS in payment of compensation and allowances;e. planning and implementing all RAP activities in the city;f. receive and act on complaints and other grievance of the PAPs as per DPWH Resettlement

Policy;g. maintain record of all public meetings, grievances, and actions taken to address complaints

and grievances;h. in coordination with concerned government authorities, assist in the enforcement of

laws/ordinances regarding encroachment into the project road corridor.

5.2 External Monitoring

An agency specialized in the social sciences will be identified and contracted to carry outexternal monitoring of RAP implementation. This external monitoring agency will also becontracted to conduct post-implementation evaluation of RAP to assess whether the objectives ofthe resettlement policy have been achieved. A TOR for external monitoring and evaluation willbe provided by the EIAPO. The external monitoring agency will be required to submit to theEIAPO and World Bank a monitoring report prior to the award of the project contract and a finalreport at the end of NRIMP Phase 1.

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