Resettlement and Indigenous Peoples Plan ______

August 2020

PHI: Improving Growth Corridors in Mindanao Road Sector Project

PR12: Curuan- Sibuco Road

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

Currency Equivalents (As of 31 August 2020)

Currency unit – Philippine Peso (₱) P1.00 = $ 0.0206 $1.00 = ₱ 48.3700

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 IPP IndigenousCommunity People Plan IPRA Indigenous People’s Rights Act LA Land Acquisition Land Acquisition, Resettlement, Rehabilitation LARRIPP 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

ii 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 RIPP ResettlementFramework 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

Definition of Terms

Affected persons/ Refers to any \ person or persons, customary or local (APs)/ Community/ Households community, private or public institution who are displaced (physical or (APs/AHs) 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.

iii 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 These may include a wide range of facilities, such as places of worship, structure 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 equivalent to those maintained at the time of dispossession, displacement, or restricted access.

Certification It is a document issued by the NCIP attesting that the applicant or project Precondition 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 In the context of involuntary resettlement, displaced persons are those who (DPs) 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 Loss of land, assets, access to assets, income sources, or means of displacement 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-

iv 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 The consensus of all members of the ICCs/lPs to be determined in Informed Consent accordance with their respective customary laws and practices, free from (FPIC) 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, 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 This involves re-establishing productive livelihood of the displaced persons restoration 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 It is the compensation amount given to each AP who holds full title to or a allowance legalizable tax declaration over the land and structures severely affected by the project, and who consequently must move elsewhere.

Indigenous peoples/ Refer to a group of people or homogenous societies identified by self- indigenous cultural ascription and ascription by other, who have continuously lived as organized communities community on communally bounded and defined territory, and who have, (IPs/ICCs) 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 The listing of assets as a preliminary record of affected or lost assets during (IOL) 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

v 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 Refers to physical and economic displacement as a result of (i) resettlement 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 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 A process that (i) begins early in the project preparation stage and is carried consultation 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 It refers to the document signed by the project proponent, affected IPs, Agreement 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 It refers to the document signed by DPWH, the concerned local government

vi Understanding 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 Persons who have previously been awarded home lots or housing units by squatters 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.

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

Severely affected Affected persons whose primary residential structure is entirely affected, or persons who are physically displaced or who experience a loss of 10% or more of their productive resources and/or sources of income.

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) households headed by the elderly residing alone; (iii) households having members who are persons with disability (PWD); (iv) households falling under the generally accepted indicator for poverty; (v) landless households; and (vi) indigenous peoples.

Note In this report, “$ refers to US Dollars

vii

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 preliminarily in nature. Your attention is directed to the “terms and use” section of this website.

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 judgements as to the legal or other status of any territory or area.

viii

Table of Contents

CURRENCY EQUIVALENTS ...... II ABBREVIATIONS ...... II DEFINITION OF TERMS ...... III TABLE OF CONTENTS ...... IX LIST OF TABLES ...... XI LIST OF FIGURES ...... XII EXECUTIVE SUMMARY ...... 1 I. PROJECT DESCRIPTION ...... 6

A. BACKGROUND ...... 6 B. DESCRIPTION OF THE SUB-PROJECT ...... 6 C. CIVIL WORKS TO BE CONDUCTED ...... 8 D. MEASURES ADOPTED TO MINIMIZE INVOLUNTARY RESETTLEMENT IMPACTS ...... 8 E. ANTICIPATED SOCIAL SAFEGUARD IMPACTS ...... 8 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 9

A. METHODOLOGY OF THE SURVEYS...... 9 B. SUMMARY OF PROJECT IMPACTS ...... 9 1. Impact on land ...... 11 2. Impacts on structures ...... 13 3. Impacts on agri-crops and trees ...... 17 4. Impacts on income/ business ...... 18 5. Vulnerable Households ...... 19 6. Indigenous Peoples ...... 19 7. Temporary impacts at construction ...... 20 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ...... 21

A. BACKGROUND ...... 21 1. Provincial Profile...... 21 2. Indigenous Peoples of the Project Area ...... 22 B. MUNICIPALITY OF SIBUCO, ZAMBOANGA DEL NORTE AND ZAMBOANGA CITY AND THE AFFECTED VILLAGES ...... 23 C. THE AFFECTED HOUSEHOLDS ...... 24 1. Socio-demographic Characteristics ...... 24 2. Ownership of Land and Structure ...... 24 3. Socio-economic Profiles ...... 25 4. Quality of Life ...... 25 5. Perception of the Project Impacts ...... 26 6. Gender ...... 26 IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 28

A. CONSULTATION AND PARTICIPATION AT PLANNING STAGE ...... 28 1. Consultations Conducted at Preparation of draft RIPP ...... 28 2. Consultations conducted at preparation of Updated RIPP ...... 31 3. IP Consultations ...... 33 B. DISCLOSURE ...... 34 C. CONSULTATION, DISCLOSURE AND INFORMATION DISSEMINATION DURING RIPP IMPLEMENTATION ...... 34

ix V. GRIEVANCE REDRESS MECHANISM ...... 37 VI. LEGAL AND POLICY FRAMEWORK ...... 39

A. RELEVANT LAWS AND REGULATION IN THE PHILIPPINES ...... 39 1. Involuntary Resettlement ...... 39 2. Indigenous People ...... 43 3. Other Laws and Guidelines ...... 44 B. ADB POLICIES ...... 45 C. GAP ANALYSIS AND PROJECT PRINCIPLES ...... 49 D. SOCIAL SAFEGUARDS POLICY PRINCIPLES FOR THE PROJECT ...... 54 VII. COMPENSATION AND OTHER ENTITLEMENTS ...... 56

A. AFFECTED PERSONS AND ELIGIBILITIES ...... 56 B. COMPENSATION AND ENTITLEMENTS...... 57 VIII. RELOCATION STRATEGY ...... 68

A. OVERVIEW OF RELOCATING HOUSEHOLDS ...... 68 B. RELOCATION SITES ...... 69 C. RESETTLEMENT SITE DESCRIPTION AND DEVELOPMENT NEEDS ...... 70 D. IMPLEMENTATION ARRANGEMENT ...... 71 E. RESETTLEMENT SITES DEVELOPMENT SCHEDULE ...... 71 IX. LIVELIHOOD RESTORATION ...... 73

A. LRP ELIGIBILITY AND STRATEGY ...... 73 B. LIVELIHOOD RESTORATION STUDY ...... 74 C. AVAILABLE PROGRAMS AND SUPPORT IN THE PROJECT AREA ...... 75 D. DESCRIPTION OF LRP PROGRAM ACTIVITIES ...... 76 E. LRP MANAGEMENT AND IMPLEMENTATION ...... 77 F. LRP COST ESTIMATES ...... 77 G. LRP IMPLEMENTATION SCHEDULE ...... 78 H. MONITORING AND EVALUATION ...... 78 X. RIPP BUDGET ...... 79 XI. INSTITUTIONAL ARRANGEMENT ...... 81

A. CURRENT DPWH CAPACITIES ON SOCIAL SAFEGUARDS ...... 81 B. IMPLEMENTATION ARRANGEMENTS ...... 81 C. CAPACITY BUILDING ...... 83 D. IMPLEMENTATION SCHEDULE OF THE RIPP ...... 84 XII. MONITORING AND EVALUATION ...... 85

A. MONITORING ARRANGEMENTS ...... 85 B. INTERNAL MONITORING ...... 85 4. External Monitoring ...... 88 B. REPORTING AND DISCLOSURE ...... 91 APPENDICES...... 92

APPENDIX 1: FINAL SCOPE OF WORKS FOR TENDERING OF NON-CORE ...... 92 APPENDIX 2: DPWH LETTER ON 20M ROW LIMIT ...... 92 APPENDIX 3: DPWH VALIDATED ENTITLEMENTS FOR LAND, STRUCTURES, CROPS AND TREES WITHIN 20M ROW LIMIT ...... 92 APPENDIX 4: SAMPLES OF BARANGAY RESOLUTIONS ...... 92 APPENDIX 5: CERTIFICATE OF NON-OVERLAP ...... 92 APPENDIX 6: RESULTS OF SOCIOECONOMIC SURVEY...... 92 APPENDIX 7: DOCUMENTATION OF FIRST CONSULTATION MEETINGS: DRAFT RIPP PREPARATION ...... 92

x APPENDIX 8: DOCUMENTATION OF SECOND CONSULTATION MEETINGS: DRAFT RIPP PREPARATION ...... 92 APPENDIX 9: MINUTES OF DPWH VALIDATION AND DISCLOSURE ACTIVITY ...... 92 APPENDIX 10: FBI REPORT ON PR12: CURUAN-SIBUCO ROAD ...... 92 APPENDIX 11: PIB IN LOCAL LANGUAGE ...... 92 APPENDIX 12: LIST OF LRP ELIGIBLE AHS ...... 92 APPENDIX 13: MOUS IN THE CREATION OF RESETTLEMENT IMPLEMENTATION COMMITTEES ...... 92 APPENDIX 14: DRAFT TEMPLATE OF SEMI-ANNUAL MONITORING REPORT ...... 92

List of Tables

Table 1: PR 12 Covered Sections ...... 7 Table 2: Subproject Summary of Impacts ...... 10 Table 3: Project Components Requiring Land Acquisition and Areas to be Affected ...... 11 Table 4: Loss of Land ...... 12 Table 5: Loss of Agricultural Land ...... 12 Table 6: Tenure Status of Affected Agricultural Plots ...... 13 Table 7: Loss of Residential Land ...... 13 Table 8: Affected Public Lands ...... 13 Table 9: Loss of Structures ...... 14 Table 10: Loss of Residential Structures ...... 14 Table 11: Loss of Residential-Commercial Structures ...... 15 Table 12: Land Tenure Status of Residential and Residential-Commercial Structures ...... 15 Table 13: Loss of Commercial Structures ...... 15 Table 14: Loss of Affected Secondary Structures by Use ...... 16 Table 15: Condition of Affected Secondary Structures ...... 16 Table 16: Loss of Community Structures ...... 17 Table 17: Types of Community Structures ...... 17 Table 18: Loss of Crops ...... 18 Table 19: Loss of Trees ...... 18 Table 20: Impact on Business...... 18 Table 21: Loss of Business Income ...... 19 Table 22: Vulnerability of AHs ...... 19 Table 23: Provincial/City Demographics (2015) and Poverty data (2015 and 2018) ...... 21 Table 24: 2015 Population of Sibuco and Zamboanga City by Barangay...... 23 Table 25: 1st Round of Consultations ...... 28 Table 26: Issues and Concerns per Barangay: 1st Round ...... 29 Table 27: 2nd Round of Consultations ...... 29 Table 28: Summary of Issues and Concerns raised by APs: 2nd Round ...... 30 Table 29: Disclosure meetings in 4 Barangays to be traversed by PR12 ...... 32 Table 30: Issues and Concerns Raised by APs during Disclosure ...... 32 Table 31: Roles and Responsibilities for Consultation and Participation ...... 34 Table 32: Involuntary Resettlement Gap-Equivalence Analysis ...... 51 Table 33: Indigenous Peoples Gap-Equivalence Analysis ...... 53 Table 34: Compensation and Entitlement Matrix ...... 57 Table 35: Categories of AHs with Fully Affected Houses ...... 68 Table 36: Land Area to be Awarded to the relocating APs ...... 70 Table 37: Description and Development of Relocation Sites ...... 70 Table 38: Site Development Cost Estimates ...... 71 Table 39: Schedule to Development Resettlement Sites ...... 72

xi Table 40: LRP Beneficiaries ...... 73 Table 41: Planned Income Source after Relocation ...... 74 Table 42: Interest in Vocational Training ...... 75 Table 43: Skills and Livelihood Training in Sibuco ...... 75 Table 44: List of Livelihood Program in Zamboanga City ...... 76 Table 45: LRP Activities and Responsible Group ...... 77 Table 46: Cost Estimate for Livelihood Restoration Program ...... 78 Table 47: LRP Implementation Schedule ...... 78 Table 48: Budget for RIPP Implementation ...... 79 Table 49: Implementation Schedule ...... 84 Table 50: Suggested Internal Monitoring Indicators ...... 86 Table 51: Suggested External Monitoring Indicators ...... 89

List of Figures

Figure 1. Sub-project Location ...... 7 Figure 2: Map Showing Barangay Culaguan relocation site ...... 69 Figure 3: Map Showing Barangay Curuan Relocation Site ...... 70

xii 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 proposed Curuan-Sibuco Road (PR12) comprises the City of Zamboanga and Municipality of Sibuco, starting at K1891+075.44 and terminates at K1924+234.33 with a total gross length of 33,158.89 m. It traverses Barangay Curuan, Zamboanga City to Barangay Puliran, Municipality of Sibuco, Zamboanga del Norte. PR12 will serve as a major road that would link Zamboanga City and Zamboanga del Norte. The net road length is 33,121m.

3. The road project will follow the existing road alignment, existing width of which is 3.5m for an estimated total area 115,924m2. The proposed widening will require a 20m right-of-way inclusive of 6.7m carriageway and 1.5m shoulders. The major items of work include: (i) construction of 33,121.0m by 6.70m wide PCC pavement (carriageway) with 1.5m. paved shoulders on both sides; (ii) construction of two (2) bridges and a RCBC with a total length of 71.80 linear meters; (iii) construction/improvement of drainage and slope protection structures; and (iii) construction of miscellaneous structures.

4. 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.

5. 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 IOL and census were initially conducted from 12 January - 24 February 2018 based on the original project length design of 33,121 meters and 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 from 28 November – 12 December 2018 to revise the land acquisition data due to the adjusted ROW width limit.

6. Summary of Project Impacts. A total of 374 AHs (1,683 persons) and 10 institutions (government and private) will be impacted by the acquisition of 662,420m2 of land (equivalent to 100 parcels) located in four barangays in the municipality of Sibuco, Zamboanga del Norte and

city of Zamboanga. The three affected barangays in Sibuco are: Culaguan, Lunday and Puliran while the lone affected barangay in Zamboanga City is Curuan.

(i) permanent loss of land. Of the 100 affected parcels of land, 80 plots are agricultural land (126,249m2), 13 plots are public land (500,148m2), and 7 plots residential land (36,023m2). The 27 agricultural plots will be severely affected by loss of 10% or more and this equates to 22 households. (ii) loss/ damage to structures and improvements. a. A total of 636 affected structures owned by 299 AHs (1,346 APs). b. 295 affected main structures owned by 254 AHs (1,143 APs); comprised of: - 194 residential structures owned by 190 AHs with 186 severely AHs - 45 residential-cum-commercial structures owned by 45 AHs with 45 severely AHs - 56 commercial structures owned by 52 AHs with 52 severely AHs c. 239 residential and residential cum commercial structures owned by 231 AHs with 227 severely AHs d. 101 commercial and residential commercial structures owned by 94 AHs with 94 severely AHs e. 251 affected secondary structures owned by 153 AHs (689 APs). f. 90 affected community structures. (iii) loss of agri- crops and trees. 76 AHs will lose 9,639m2 of agri-crops and 76 AHs will lose 21,821 trees. (iv) loss of income/business. 101 affected businesses (101 severely affected) owned by 94 AHs with 94 severely AHs. (v) relocation. 5 relocating AHs to project resettlement site (vi) increased vulnerability. 176 AHs deemed vulnerable (110 poor, 52 elderly, 74 female household heads 4 IP household heads and 5 landless household heads). (vii) resettlement impacts on IPs/ICCs. 4 AHs are members of indigenous cultural communities (ICC).

7. Indigenous Peoples. There exist two IP communities within the project sites and these are the Samal, and Yakan but absence of ancestral domains validated by the National Commission on Indigenous Peoples (NCIP). There are 4 affected IP households with severely affected houses and affected businesses.

8. 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, (ii) clean and beautiful environment, and (iii) reduce incidence of road accidents. Negative impacts cited are (i) loss of residence or reduction of property, (ii) destruction of the environment - includes air pollution, water loss, siltation, and destruction of plants, and (iii) loss of jobs and livelihood. Majority (95%) of those surveyed expressed support for the project.

9. Consultation and Participation. There were two public consultation meetings conducted in preparing the draft RIPP. The first consultation was carried out on 03-06 March 2018 prior to the conduct of census, IOL and SES. The second consultation was conducted on 29-30 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 11-12 November 2019, the DPWH RROW team conducted consultation meetings for updating the RIPP.

2

10. IP Consultation. Presence of IPs with resettlement impacts but outside ancestral domains was determined through the NCIP validation. The Certificate of Non-Overlap was issued on 26 December 2019.

11. 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) Quarterly monitoring reports. A localized PR12 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. The requirements for consultation and disclosure along with roles of key implementers and stakeholders and timing are provided.

12. 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.

13. 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.

14. 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.

15. 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 12 January 2018 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.

16. 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.

17. Relocation strategy. There are 227 AHs with affected houses thus: (i) 218 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) 5 landless AHs will

3 relocate to two project resettlement sites to be developed in either Culaguan or Curuan. 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.

18. 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 both 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.

19. RIPP budget. The budget for PR 12 RIPP implementation is PhP 107,225,149 (USD 2,124,532) and is part of government counterpart.

20. 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.

21. 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.

22. Implementation Schedule. Below table summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RIPP.

Responsible 2020 2021 2022 2023 Activity Agency 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 Issuance of Offer Letter DPWH 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,

4 Responsible 2020 2021 2022 2023 Activity Agency 2q 3q 4q 1q 2q 3q 4q 1q 2q 3q 4q 1q Coordination/MOA with agencies on LRP 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

23. Monitoring and evaluation. There will be two types of monitoring for PR12, 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 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.

24. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities.

5 I. PROJECT DESCRIPTION

A. 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). 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.

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.

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.

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

The proposed PR12 is one of the nine sub-projects under IGCMRSP. The road influence comprises the City of Zamboanga and Municipality of Sibuco. The road traverse northwest across the highlands between the east and west coast of the peninsula starting at K1891+075.44 and terminates at K1924+234.33 with a total gross length of 33,158.89 m. PR012 cuts across Barangay Curuan, Zamboanga City to Barangay Puliran, Municipality of Sibuco, Zamboanga del Norte. PR12 will serve as a major road that would link Zamboanga City and Zamboanga del Norte. The net road length is 33,121m (See Appendix 1: Final Scope of Works for Tendering of Non- Core). Figure 1 shows the subproject location.

6

Figure 1. Sub-project Location

PR12 is a road improvement project that aims to upgrade the existing provincial/ city/ municipal roads to standard specifications of a national secondary road. The existing road section is paved with PCCP, 4.00-5.00m in width with 0.15m PCC thickness, and stretches to an approximate length of 21km while the remaining portion is a gravel road. Sharp horizontal curves and steep vertical grades reaching 12% or more are prevalent along the section.

The subproject also includes two (2) bridges (Curuan Bridge and Sibuco Bridge) and one special box culvert with a total length of 71.80m will be constructed. The scope of works further involves improvement of shoulders, slope protection structures, and drainage facilities, installation of signages, application of pavement markings, and other miscellaneous works. Table 1 below summarizes the sections covered by the project.

Table 1: PR 12 Covered Sections Station PR12 Length Included in the Remarks Start End (m) Project (m) K1891+075.44 K1892+539.55 1,464.11 1,464.11 Curuan, Zamboanga City K1892+539.55 K1892+580.45 40.90 40.90 Curuan Bridge K1892+580.45 K1905+303.97 12,723.52 12,685.53 Curuan, Zamboanga City K1905+303.97 K1913+488.66 8,184.69 8,184.69 Lunday, Sibuco

7 Station PR12 Length Included in the Remarks Start End (m) Project (m) K1913+488.66 K1921+424.95 7,936.29 7,936.29 Culaguan, Sibuco K1921+424.95 K1922+394.55 969.60 969.60 Puliran, Sibuco K1922+394.55 K1922+425.45 30.90 30.90 Sibuco Bridge K1922+425.45 K1924+234.33 1,808.88 1,808.98 Puliran, Sibuco Total 33,158.89 33,121.00

C. Civil Works to be conducted

25. New Portland cement concrete pavement (PCCP) will be laid out for the entire road section. The major items of work include:

(i) Construction of 33,121.0m by 6.70m wide PCC pavement (carriageway) with 1.5m. paved shoulders on both sides; (ii) Construction of two (2) bridges and a RCBC with a total length of 71.80 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

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

PR12 will involve road improvements to include widening and slope protection that will require acquisition of private lands. 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 IPs/ICCs.

8 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Methodology of the Surveys

Information on land acquisition impacts was obtained through an inventory of loss survey (IOL), census, parcellary survey (cadastral survey) and DPWH validation. The IOL and census were initially conducted from 12 January - 24 February 2018 based on the original project length design of 33,121 meters and 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 to 20m. A supplementary IOL and census adjustment was undertaken from 28 November – 12 December 2018 to revise the land acquisition data due to the adjusted ROW width limit.

A last round of technical survey was done from June to July 2020 to reconcile markers of road segments consistent with official DPWH records (i) Final Scope of Work (Oct 2019) and (ii) Bid documents (Mar 2020). A social survey validation of loss data was conducted due to reconciliation of markers per section and to further approximate 100% interviews for the census and livelihood restoration study.

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.

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 2: 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

A total of 374 AHs (1,683 persons) and 10 private and government institutions will be impacted by the acquisition of 662,420m2 of land (equivalent to 100 parcels) located in four barangays in the municipality of Sibuco, Zamboanga del Norte and the Charter City of Zamboanga. The three affected barangays in Sibuco are: Culaguan, Lunday and Puliran while the lone affected barangay in Zamboanga City is Curuan.

(i) permanent loss of land. Of the 100 affected parcels of land, 80 plots are agricultural land (126,249m2), 13 plots are public land (500,148m2), and 7 plots residential land (36,023m2). The 27 agricultural plots will be severely affected by loss of 10% or more and this equates to 22 households and 1 government. (ii) loss/ damage to structures and improvements. a. A total of 636 affected structures owned by 299 AHs (1,346 APs) and 9 private and public institutions. b. 295 affected main structures owned by 254 AHs (1,143 APs); comprised of: - 194 residential structures owned by 190 AHs with 186 severely AHs - 45 residential-cum-commercial structures owned by 45 AHs with 45 severely AHs

9 - 56 commercial structures owned by 52 AHs with 52 severely AHs c. 239 residential and residential cum commercial structures owned by 231 AHs with 227 severely AHs d. 101 commercial and residential commercial structures owned by 94 AHs with 94 severely AHs e. 251 affected secondary structures owned by 153 AHs (689 APs). f. 90 affected community structures. (iii) loss of agri-crops and trees. 76 AHs and 1 government institution will lose 9,639m2 of agri-crops and 76 AHs along with 1 government entity will lose 21,821 trees. (iv) loss of income/business. 101 affected businesses (101 severely affected) owned by 94 AHs with 94 severely AHs. (v) relocation. 5 relocating AHs to project resettlement site (vi) increased vulnerability. 176 AHs deemed vulnerable (110 poor, 52 elderly, 74 female household heads 4 IP household heads and 5 landless household heads). (vii) resettlement impacts on IPs/ICCs. 4 AHs are members of indigenous cultural communities (ICC).

The summary of impacts is presented in Table 2 below.

Table 2: Subproject Summary of Impacts Loss Category Unit Quantity Total affected households HH 374 • Affected persons AP 1,683 • Affected institutions (public and private) Unit 10 Loss of land m2 662,420 • Total affected parcels of land Unit 100 • AHs by loss of land AH 76 • APs by loss of land AP 342 • Affected agricultural land m2 126,249 - Affected parcels of land Unit 80 - AHs by loss of land AH 70 - Severely AHs by loss of land AH 22 - APs by loss of land AP 315 • Affected residential land m2 36,023 - Affected parcels of land Unit 7 - AHs by loss of land AHs 7 - APs by loss of land AP 32 • Affected public lands m2 500,148 - Affected parcels of land Unit 13 - Affected institution (public) Unit 1 Total loss of structures Unit 636 • AHs by loss of structures HH 299 • APs by loss of structures APs 1,346 • Institutions by loss of structures Unit 9 • Loss of main structures Unit 295 - AHs by loss of main structures HH 254 - APs by loss of main structures AP 1,143 - Loss of residential structures Unit 194 ▪ AHs by loss of residential structures HH 190 ▪ AHs by severe loss of residential structures HH 186

10 Loss Category Unit Quantity - Loss of residential-cum-commercial structures Unit 45 ▪ AHs by loss of residential-cum-commercial structures HH 45 ▪ AHs by severe loss of residential-cum-commercial structures HH 45 - Loss of commercial structures Unit 56 ▪ AHs by loss of commercial structures HH 52 ▪ AHs by severe loss of commercial structures HH 52 • Loss of secondary structures HH 251 - AHs by loss of secondary structures HH 153 - APs by loss of secondary structures AP 689 • Affected community structures Unit 90 Affected land under crop cultivation m2 9,639 • AHs by loss of agri-crops HH 76 • Institutions by loss of agri-crops (government) 1 Affected trees Unit 21,821 • AHs by loss of trees HH 76 • Institutions by loss of trees (government) 1 Affected business income Unit 101 • AHs by loss of business income HH 94 • AHs by severe loss of business income HH 94 • APs losing employment from affected businesses AP 9 AHs for relocation (resettlement site) HH 5 Vulnerable households HH 176 • Total vulnerable households HH 176 • Poor household (PSA 2018 thresholds) HH 110 • Household with elderly household head >60 HH 52 • Household with female household head with dependents HH 74 • Household with disabled household member HH 0 • IP household head HH 4 • Landless household head HH 5

1. Impact on land

The Curuan- Sibuco Road measures 33,121m long and will follow the existing road alignment. The total land area is 102,956,272 m2 covering the gross area of the 4 affected barangays. The total area to be acquired for the project is 662,420 m2, of which 76% or 500,148 m2 are public lands and 24% private. Likewise, the existing road (115,924m2) is comprised of private and public lands traversing the 4 affected barangays of the two affected municipality/city. The table below provides details of the project components requiring land acquisition and areas to be affected areas.

Table 3: Project Components Requiring Land Acquisition and Areas to be Affected Area to be acquired (m2) Total project Municipality/ Excluding Total for Project Components site area Existing Barangay existing acquisition (m2) road (m2) road (m2) (m2) Sibuco 53,756,561 66,257 312,353 378,609 (i) Construction of 33,121m by 6.70m wide PCC Culaguan 5,793,934 27,777 130,949 158,726 pavement with 1.5m paved shoulders both sides; Lunday 46,310,208 28,646 135,047 163,694 (ii) Construction of 2 bridges and RCBC with total Puliran 1,652,419 9,833 46,356 56,190 length of 71.80 lineal meters; Zambo City 49,199,711 49,667 234,144 283,811

11 Area to be acquired (m2) Total project Municipality/ Excluding Total for Project Components site area Existing Barangay existing acquisition (m2) road (m2) road (m2) (m2) (iii) Construction/Improvement of Drainage and Curuan 49,199,711 49,667 234,144 283,811 Slope Protection Structures; Total 102,956,272 115,924 546,497 662,420 (iv) Construction of Miscellaneous Structures.

Table 4 reveals that the required 662,420m2 is divided into 100 parcels of land belonging to or being utilized/occupied by 76 AHs. The affected area for land acquisition is classified as agricultural amounting to 126,249m2 (19%), residential at 36,023m2 (5%), and public land (forestland) with 500,148m2 (76%). Twenty-two (22) AHs will lose 10% or more of agricultural land (1 AH with unviable plot) and no AHs will be left with residential plots that are unviable for continued use. Forestlands considered as public lands under the Department of Environment and Natural Resources (DENR) will be affected.

Table 4: Loss of Land Land Area (m2) Total AHs Affected Land Municipality/ Total Public Agricultural Residential Barangay Total Affected Remaining N Severe lots Area (m2) #Lot Area (m2) #Lot Area (m2) #Lot Sibuco 53,756,561 378,609 53,377,952 30 9 42 257,956 8 84,932 30 35,721 4 Culaguan 5,793,934 158,725 5,635,209 8 2 9 116,364 1 27,243 7 15,118 1 Lunday 46,310,208 163,694 46,146,514 12 5 21 139,136 5 24,558 16 0 0 Puliran 1,652,419 56,190 1,596,229 10 2 12 2,456 2 33,131 7 20,603 3 Zambo City 49,199,711 283,811 48,915,900 46 13 58 242,192 5 41,317 50 302 3 Curuan 49,199,711 283,811 48,915,900 46 13 58 242,192 5 41,317 50 302 3 Total 102,956,272 662,420 102,293,853 76 22 100 500,148 13 126,249 80 36,023 7

Agricultural lands. Table 5 shows that there are 80 parcels of agricultural land being utilized by 70 HHs that will be affected, totaling 126,249m2. Of the 80 parcels, 27 as utilized by 22 HHs will be severely affected with loss of 10% or more from their original land areas. Save for 1 AH in Lunday, Sibuco the remaining portions of all affected agricultural plots are economically viable with most households owning more than one parcel. Majority of the affected parcels (58 units) were able to present proof of ownership, while the remaining 22 were not able to present clear proof of ownership at time of the validation survey (Table 6). Of this latter group, 17 AHs were processing their claims to the land with the Municipal Assessor’s Office. Final documentation remains to be finalized/released at the time of survey.

Table 5: Loss of Agricultural Land Municipal No. of Percentage of Impact on Severely Severely No. of ity/ Affected Land Parcels affected lots affected economically Barangay Agricultural <10% 10%- 26%- 51%- HHs viable Land 25% 50% 100% remaining Parcels land Sibuco 30 21 7 1 1 9 9 29 Culaguan 7 5 2 0 0 2 2 7 Lunday 16 11 3 1 1 5 5 15 Puliran 7 5 2 0 0 2 2 7 Zambo 50 32 12 6 0 18 13 50 City Curuan 50 32 12 6 0 18 13 50

12 Total 80 53 19 7 1 27 22 79

Table 6: Tenure Status of Affected Agricultural Plots Municipality/ Total affected With Proof of Ownership Without proof Barangay agri plots (n) Titled/CLOA Titled w/ tax declaration Tax declaration only Total of ownership Sibuco 30 10 0 0 10 20 Culaguan 7 0 0 0 0 7 Lunday 16 10 0 0 10 6 Puliran 7 0 0 0 0 7 Zambo City 50 13 34 1 48 2 Curuan 50 13 34 1 48 2 Total 80 23 34 1 58 22

Residential lands. Only 7 parcels of residential lands belonging to 7 AHs of Culaguan and Puliran in Sibuco and Curuan in Zamboanga City amounting to 512,220m2 were documented (Table 7). The seven residential parcels will incur marginal loss (36,023m2), with remaining viable land for residential purposes amounting to 476,197m2.

Table 7: Loss of Residential Land Total residential Affected residential Remaining Barangay AH # % Severity land area (m2) land (m2) (m2) Sibuco 506,230 35,721 470,509 7% Culaguan 1 174,952 15,118 159,834 9% 2 59,018 4,410 54,608 7% Puliran 3 99,952 7,493 92,459 7% 4 172,308 8,700 163,608 5% Zambo City 5,990 302 5,688 5% 5 1,455 108 1,347 7% Curuan 6 1,455 69 1,386 5% 7 3,080 125 2,955 4% Total 512,220 36,023 476,197 7%

Public land. There are 13 parcels of affected public land totaling 500,148m2 computed at 0.5% of the total area of 100,199,674m2. The affected public lands are categorized as forestlands under the aegis of the DENR. The table below shows the impacts on the affected public lands.

Table 8: Affected Public Lands Municipality/Barangay Affected land (n) Total land area (m2) Affected land (m2) % Severity Classification Sibuco 8 51,789,829 257,956 0.5% Culaguan 1 5,150,465 116,364 2.3% forest land Lunday 5 45,976,271 139,136 0.3% forest land Puliran 2 663,093 2,456 0.4% forest land Zambo City 5 48,409,845 242,192 0.5% Curuan 5 48,409,845 242,192 0.5% forest land Total 13 100,199,674 500,148 0.5%

2. Impacts on structures

13 Table 9 shows that out of a total 636 structures belonging to 299 AHs, 527 units (83%) are found in Zamboanga City as against 109 (17%) in Sibuco. Majority of the affected structures (527 units) are located in Curuan, Zamboanga City.

Table 9: Loss of Structures Type of Structures Municipality/ Main Structure Total No. of Secondary Community Barangay Purely Residential- Commercial Total Main Structure AHs Structure Structure Residential Commercial Only Structure Sibuco 49 9 6 64 21 24 109 71 Culaguan 32 4 2 38 4 13 55 39 Lunday 5 3 1 9 5 0 14 11 Puliran 12 2 3 17 12 11 40 21 Zambo City 145 36 50 231 230 66 527 228 Curuan 145 36 50 231 230 66 527 228 Total 194 45 56 295 251 90 636 299 Percent 46% 39% 14% 100%

The affected structures are classified as: (i) 295 main structures (46%) of which 194 are strictly residential, 45 combined residential-commercial and 56 purely commercial, (ii) 251 secondary structures (39%), and (iii) 90 community structures (14%). Secondary structures are not moveable and not part of the main structures, such as fences and driveways. Community- owned structures 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).

Main structure. Still with reference to Table 9, 254 AHs own/occupy the 295 main structures (194 residential, 45 combined residential-commercial and 56 commercial). There are AHs owning/occupying more than one structure. Barangay Curuan in Zamboanga City has the most number of affected main structures. Most (71%) main structures are made of semi-light materials, while some (27%) are semi – permanent and 2% of permanent condition.

Residential structures. Of the 295 affected main structures, 194 are purely residential (Table 10). The total area of the 194 residential structures is 7,030m2 and affected area amounts to 6,633 m2 as occupied by 190 AHs or 855 persons. There will be 190 residential structures that are fully affected owned by 186 households.

Table 10: Loss of Residential Structures Total area of Affected residential structures Severity of impact Municipality/ # residential Affected area Affected # Barangay AHs % Severity # Structures structures (m2) (m2) structures (n) AHs Sibuco 49 1,626 1,626 49 100% 49 49 Culaguan 32* 1,071 1,071 32 100% 32 32 Lunday 5 88 88 5 100% 5 5 Puliran 12 467 467 12 100% 12 12 Zambo City 141 5,405 5,008 145 93% 141 137 Curuan 141** 5,405 5,008 145 93% 141 137 Total 190 7,030 6,633 194 94% 190 186 * 1 AH owning both residential and residential-commercial ** 3 AHs owning more than 2 residential structure and 4 AHs owning both residential and residential-commercial

14 Residential-cum-Commercial structures. Of the 295 affected main housing structures, 45 units are combined residential-commercial structures (Table 11). The total area of the 45 combined residential-commercial structures is 2,637 m2 and affected area amounts to 2,593 m2 as occupied by 45 AHs or 203 persons. All the 45 residential-cum-commercial structures are severely affected.

Table 11: Loss of Residential-Commercial Structures Affected structures Severity Municipality/ Total # AHs # Affected Affected area Barangay Total area (m2) % Severity # Structures # AHs structures (m2) Sibuco 9 9 287 287 100% 9 9 Culaguan 4* 4 185 185 100% 4 4 Lunday 3 3 65 65 100% 3 3 Puliran 2 2 36 36 100% 2 2 Zambo City 36 36 2,350 2,306 98% 36 36 Curuan 36** 36 2,350 2,306 98% 36 36 Total 45 45 2,637 2,593 98% 45 45 * 1 AH owning both residential and residential-commercial **4 AHs owning both residential and residential-commercial

Out of 231 AHs losing residential and residential-commercial structures, there are 227 severely AHs who do not possess legal rights to the land where their structures are built (Table 12). They built houses on land owned by relatives. Based on DPWH validation, 222 of these AHs own alternative land and 5 are landless. The 5 landless households will be provided with a resettlement site plot with title.

Table 12: Land Tenure Status of Residential and Residential-Commercial Structures Municipality/Barangay # of AHs No alternative land With alternative land Sibuco 57 1 56 Culaguan 35 1 34 Lunday 8 0 8 Puliran 14 0 14 Zambo City 170 4 166 Curuan 170 4 166 Total 227 5 222 Percent 2% 98%

Commercial structures. Of the 295 affected main structures, there are 56 commercial structures (Table 13) occupied by 52 AHs or 234 persons. All 56 commercial structures are severely affected.

Table 13: Loss of Commercial Structures Municipality/ Total Loss of Commercial Structures Severity Barangay AHs # Structures (n) Total area (m2) Affected area (m2) % Severity # Structures # AHs Sibuco 6 6 96 96 100% 6 6 Culaguan 2 2 53 53 100% 2 2 Lunday 1 1 4 4 100% 1 1 Puliran 3 3 39 39 100% 3 3 Zambo City 46 50 707 707 100% 50 46 Curuan 46 50 707 707 100% 50 46

15 Municipality/ Total Loss of Commercial Structures Severity Barangay AHs # Structures (n) Total area (m2) Affected area (m2) % Severity # Structures # AHs Total 52 56 803 803 100% 56 52

Secondary structures. There are 251 secondary structures owned/occupied by 153 AHs (Table 14). Barangay Curuan of Zamboanga City has the highest percentage (92%) of affected secondary structures amounting to 230 structures followed by Barangay Puliran with 5% or 12 units. The top 3 secondary structures are (i) Dryer, flooring, pathway (42%), (ii) Fence, garage, gate-wall (21%), and (iii) Cooking/laundry area and septic tank/toilet (17%). Other types of secondary structures are storage/warehouse, benches, plant boxes, deep well, water tank, and the like. These secondary structures mostly are made of light and temporary materials (96% or 241 units), 3% semi-permanent and 1% permanent as reflected in Table 15.

Table 14: Loss of Affected Secondary Structures by Use

Pathway Dryer/Flooring/ Gate/Wall Fence/Garage/ Area/S Cooking/Laundry house/Warehouse Storage/Stock box/Stairs Bench/Chair/ Irrigation/Riprap Bridge/Canal/ tank Water Pump/ Faucet/ Deep well/ Others*

eptic/Toilet

Municipality/ Total

Barangay structure

Plant Plant

Sibuco 21 11 3 3 1 0 0 0 3 Culaguan 4 3 0 0 0 0 0 0 1 Lunday 5 1 1 1 1 0 0 0 1 Puliran 12 7 2 2 0 0 0 0 1 Zambo City 230 95 49 39 14 9 5 3 16 Curuan 230 95 49 39 14 9 5 3 16 Total 251 106 52 42 15 9 5 3 19 * Chicken coop, pigpen, rest house, etc

Table 15: Condition of Affected Secondary Structures Municipality/ Total secondary Condition Barangay structure Permanent Semi-permanent Others Sibuco 21 0 0 21 Culaguan 4 0 0 4 Lunday 5 0 0 5 Puliran 12 0 0 12 Zambo City 230 1 9 220 Curuan 230 1 9 220 Total 251 1 9 241 * Shanty, wood, concrete, etc.

Community structure. Of the 90 affected community structures, Barangay Curuan has the highest number of affected structures with 66 units. Most of the structures (62 structures representing 69%) are public structures1 while the remaining 28 structures or 31% are privately owned. All affected community structures are severely affected.

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

16 Table 16: Loss of Community Structures Total Private Public Municipality/ community Severely Marginally Severely Marginally Barangay structure affected affected affected affected Sibuco 24 5 0 19 0 Culaguan 13 4 0 9 0 Lunday 0 0 0 0 0 Puliran 11 1 0 10 0 Zambo City 66 23 0 43 0 Curuan 66 23 0 43 0 Total 90 28 0 62 0

Table 17 summarizes the community structures per barangay, the top 3 being (i) waiting shed (32%), (ii) deep well/ faucet/ pump/ water tank (10%), and (iii) bench, plant boxes and barangay directory/landmark (9% each). Other types are fences, garage-gate-wall, bridge/canal/ irrigation/riprap, Barangay hall, health center, chapel, mosque, warehouse, pigpen, guardhouse, etc.

Table 17: Types of Community Structures

Shed Shed/Waiting tank Water Pump/ Faucet/ Deep well/ Landmark Directory/ box/Stairs Plant Bench/Chair/ Pathway Dryer/Flooring/ Irrigation/Riprap B Gate/Wall Fence/Garage/ Mosque Chapel/Church/ Warehouse house/ Storage/Stock Others

ridge/Canal/ ridge/Canal/

Municipality/ Total

Barangay structure

Sibuco 24 7 1 2 4 1 0 4 2 0 3 Culaguan 13 3 1 1 2 0 0 3 1 0 2 Lunday 0 0 0 0 0 0 0 0 0 0 0 Puliran 11 4 0 1 2 1 0 1 1 0 1 Zambo City 66 22 8 6 4 6 6 2 0 1 11 Curuan 66 22 8 6 4 6 6 2 0 1 11 Total 90 29 9 8 8 7 6 6 2 1 14 * Center, stage, outpost, etc

A barangay resolution will be 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 3.1: 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 reconstruction 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 agri-crops and trees

A total of 9,639m2 of agri-crops will be affected consisting mainly of cassava, sweet potato, corn, rice and pineapple and other crops such taro, string beans, and lemon grass. There will also be a loss of 21,821 trees such as such as banana, mahogany, coconut, rubber, and bamboo. Tables 18 and 19 below provide the breakdown. Barangay Curuan has the highest loss for crops

17 (66%) and for trees at 51%. There are a total of 76AHs losing crops and/or trees identified in survey. Amongst the affected trees and crops there are trees and crops planted on public land (forest land) belonging to the DENR situated in 4 of the affected barangays for which the persons who planted these could not be identified during the survey. These were inventoried, validated and allocated with compensation should claimants come forth during implementation. DPWH will post notices in the respective barangays following approval of the RIPP for the owners of these crops to come forward.

Table 18: Loss of Crops Agri-Crops (sqm) Barangay AH Public Total Rice Corn Sweet potato Cassava Pineapple Others Culaguan 10 1 0 2,326 337 106 1 2 2,772 Curuan 43 2 6,051 0 44 94 80 105 6,374 Lunday 13 1 126 0 70 201 73 15 485 Puliran 10 0 0 0 2 2 4 0 8 Total 76 4 6,177 2,326 453 403 158 122 9,639

Table 19: Loss of Trees Forest / Fruit Trees / Other Forest Products (n) Barangay AH Public* Total Banana Coconut Mahogany Rubber Bamboo Others** Culaguan 10 1 1,407 599 141 166 738 3,051 Curuan 43 2 5,223 613 1401 446 342 2978 11,003 Lunday 13 1 2,440 786 270 808 1620 5,924 Puliran 10 0 1,202 212 0 0 271 158 1,843 Total 76 4 10,272 2,210 1,812 1,254 779 5,494 21,821 * Multiple, across barangays ** Marang, gmelina, mango lanzones, etc.

4. Impacts on income/ business

There are 101 affected businesses owned by 94 AHs (Table 20), all severely affected (Table 21). These businesses consist of 56 stand-alone businesses and 45 house-cum-shops. The vast majority (93%) are variety stores/shops commonly known as “sari-sari” stores of which 85% (86 businesses) are in barangay Curuan. There are nine employees associated with the affected businesses. All businesses as well as those losing employment (9 APs) would be permanently affected thus will require not only compensation and transitional assistance but also provision for income restoration measures.

Table 20: Impact on Business Affected Business Nature of Impact

Sari

Permanently Permanently

Barber shop

Commercial Commercial

Billiards hall Billiards

Temporarily Temporarily

Marginally Marginally

Car shop

Severely Severely

Rice mill Rice

Affected Affected Affected Affected

- space Municipality/ Total store sari # AHs Barangay businesses

Sibuco 15 15 15 0 0 0 0 0 15 0 15 0 Culaguan 6 6 6 0 0 0 0 0 6 0 6 0 Lunday 4 4 4 0 0 0 0 0 4 0 4 0 Puliran 5 5 5 0 0 0 0 0 5 0 5 0 Zambo City 86 79 79 3 1 1 1 1 86 0 86 0 Curuan 86 79 79 3 1 1 1 1 86 0 86 0 Total 101 94 94 3 1 1 1 1 101 0 101 0

18

These businesses on the average generate a net monthly income of PhP 3,312.00. Those in Curuan earn more at an average of PhP 3,790.59. Income range has at a minimum, PhP 2,500.00 while maximum is PhP 70,000.00. Of these businesses, only 7 shops in Curuan employ 9 persons with an average salary of PhP 3,222.22 per month where the minimum is PhP 3,000.00 and maximum being PhP 3,500.00.

Table 21: Loss of Business Income Average estimated net Employees Municipality/Barangay # Business monthly business income Average monthly salary of # Employees (PhP) employee (PhP) Sibuco 15 3,000.00 0 0 Culaguan 6 3,000.00 0 0 Lunday 4 3,000.00 0 0 Puliran 5 3,000.00 0 0 Zambo City 86 3,790.59 9 3,222.22 Curuan 86 3,790.59 9 3,222.22 TOTAL / AVERAGE 101 3,312.00 9 3,222.22 Minimum - Maximum 2,500-70,000 3,000-3,500

5. Vulnerable Households

A total of 176 AHs were identified as vulnerable (Table 22), many of whom are considered poor (45%), followed by female household head (30%), elderly (21%) IP household head (2%) and landless (2%). 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 poor are those whose income fall below the official poverty threshold. The 2018 updated annual per capita rural poverty threshold in Zamboanga del Norte is PhP 28,223.00 and for Zamboanga City is PhP 24,827.53.2

Table 22: Vulnerability of AHs Vulnerability Vulnerable AHs Municipality/ Total Barangay Poor FHH Elderly IP Landless No. of AHs % Instances Sibuco 42 6 6 3 1 58 46 26% Culaguan 27 4 3 3 1 38 29 16% Lunday 6 0 0 0 0 6 6 3% Puliran 9 2 3 0 0 14 11 6% Zambo City 68 68 46 1 4 187 130 74% Curuan 68 68 46 1 4 187 130 74% Total 110 74 52 4 5 245 176 100% Percent 45% 30% 21% 2% 2% 100%

6. Indigenous Peoples

There are 4 AHs that are members of indigenous cultural communities (ICC) known as Samal and Yakan. These IP-AHs reside in Culaguan, Sibuco and Curuan, Zamboanga City. Of the 4 AHs, all will have severely affected houses and 1 will also have affected business. Three of these affected IP households are deemed poor. As regards livelihoods, two Samal are farmers;

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

19 one Samal with other source of livelihood like belonging to a “Pakyaw” labor group, and one Yakan is in the service sector.

A Field-Based Investigation was conducted by the National Commission on Indigenous Peoples (NCIP) in March 2019. The identified IP groups found within PR 12 areas are mostly Sama, followed by Yakan. Table 23 provides a summary of the FBI findings and it will be noted that findings are largely descriptive.3 A Certificate of Non-Overlap (CNO) was issued 26 December 2019 (Appendix 4: Certificate of Non-Overlap).

7. Temporary impacts at construction

Temporary loss or disruption of land use or other assets during construction works is anticipated particularly with the movement of construction materials to and from work sites. This will be addressed in the Contractor’s Environmental Management Plan and shall be explicit that compensation shall be at replacement cost consistent project Entitlement Matrix. Temporary impacts shall be monitored and reported in the social monitoring reports.

3 NCIP validation was conducted from original 33,158.89 meters and 30m road right of way on affected lands that do not overlap with ancestral domains. Thus, their totals do not match with the master list of affected households per barangay finalized in July 2020 after the resurvey based on bid document details of coverage with ROW at 20m. After the resurvey, it was established that only 4 IP households will be affected.

20 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS

A. Background

1. Provincial Profile

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 7,300.11 square kilometer (km2) and is the 26th populous province in the country.4 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.

Republic Act No. 711 issued on 6 June 1952 split the province of Zamboanga into Zamboanga del Norte and Zamboanga del Sur with Zamboanga del Norte covering a total area of 7,300.11 km2 occupying the northern portion of the peninsula in western Mindanao (Table 23). 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 km2 of the total provincial area and Sibutad is the smallest, with 0.90% or 65.57 km2. 5

Table 23 further shows that the population of Zamboanga del Norte in the 2015 census was 1,011,393 people, with a density of 139 inhabitants per square kilometer. Household population is 224,828 households averaging 4.5 persons per household. Among families, poverty incidence for Zamboanga del Norte decreased in 2018 from 2015 estimate, from 51% down to 37% which still is much higher than regional (25,4%) and national (12.1%) figures. 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%.

Table 23: Provincial/City Demographics (2015) and Poverty data (2015 and 2018) Population Poverty incidence Monthly Poverty Area Density No of among families requirement for a Location Population threshold (PhP) (km2) (Person/ Bgys (%) family of 5 (PhP) km2) 2015 2018 2015 2018 2015 2018 Philippines 100.9m 300,000 336 42,046 18.0 12.1 22,747 25,813 9,478 10,755 Region IX 3,629,783 17,057 213 1904 29.7 25.4 22,557 25,650 9,399 10,688 Zambo City 861,799 1,415 609 609 17.3 6.5 22,195 23,943 - 10,345 Zambo del Norte 1,011,393 7,300 140 691 50.9 36.9 24,206 28,223 10,086 11,760 Mun. of Sibuco 34,620 783 44 28 67.1 - - - - - Sources: (i) Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA; (ii) Updated 2015 and 2018 Full Year Official Poverty Statistics, 2020, and (iii) PSA City and Municipal-level Small Area Poverty Estimates (2009, 2012,and 2015).

Still in reference to Table 23, the PSA updated and full year poverty data for 2015 and 2018 as released in June 2020 reveals that the poverty threshold per capita income in rural areas

4 National Statistical Coordination Board, 2013. 5 PSGC Interactive. Quezon City, Philippines: Philippine Statistics Authority, 2016.

21 of Zamboanga del Norte6 increased between 2015 and 2018. 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 city and for the province. By 2018, a family required PhP 11,759.58 per month for Zamboanga del Norte and PhP 10,344.80 for Zamboanga City.

2. Indigenous Peoples of the Project Area

Samal. The term "Samal," or more generally "Sama," covers a diverse group of Sama- Bajau-speaking peoples. Their settlements stretch from the Philippines to Borneo. In the Philippines, Sama speakers generally are referred to as "Samal" and are spread out small enclaves in Zambales, western and northern Mindanao, throughout the Sulu Archipelago. Sama- Bajau speakers number 650,000 to 730,000 and those referred to as "Samal" form the largest single group, estimated at 243,000 in 1975. The Sibuguey are comprised of a number of small, relatively isolated Sama groups living mainly around Sibuguey Bay in western Mindanao. Most Samal are Sunni Muslims of the Shafu school, with the Abak of Capul Island, northwest of Samar in the central Philippines being the most divergent, culturally and linguistically, and the only Christianized Sama subgroup.7

Mosques are a center of social, community and religious life. Clusters and parishes are generally led by elders, cluster leaders and religion leaders. Incidents of armed conflict are relatively rate, although raids and vendettas sometimes occur. Disputes are settled with the help of cluster, parish and villages leaders. Incidents involving different groups are often settled using Islamic law.8

A Samal household is usually comprised of a nuclear family with a few additional relatives. Hereditary privileges are largely a thing of past but titles still carry prestige. Division of labor is said to be equal with men specializing in boat building and iron works and women specializing in pandanus mat weaving and pottery making. Both men and women engage in trade. Among nomadic groups men have traditionally done the fishing while women engaged in inshore gathering. Today nearly all fishing is market-oriented, with catches sold through local vendors, or through wholesalers, most of them Sama. Cassava, dry rice, maize, and bananas are the principal food crops, with yams, beans, tomatoes, onions, ginger, sugarcane, and fruit being the main secondary crops. Along the Zamboanga coast, Samal traders historically dominated the external coastwise trade of the Subanon.

Farm and residential land are subject to individual use and/or tenancy rights. Fish-trap and lift-net sites and coral fish corrals may be owned individually; otherwise fishing grounds are available for common use. Property rights are exercised in connection with fishing grounds and reefs and farms and residential land. Among nomadic groups overlapping fishing grounds have generally invited cooperation rather than fueled feuds.9 Each child, regardless of sex, is entitled to a share of the parents' property. The Sama distinguish between property acquired in the course of a marriage and that inherited independently, to which the owner's husband or wife has no claim.

6 Applying PSA 2020 released urban data from Zamboanga Sibugay, 2015 and 2018; as a chartered city, no data for aggregated for Zamboanga City in 2015. 7 Samal. Encyclopedia.com. Updated Apr 13 2020. https://www.encyclopedia.com/humanities/encyclopedias- almanacs-transcripts-and-maps/samal 8 Ethnic Groups In The Southern Philippines. Last updated June 2015. http://factsanddetails.com/southeast-asia/Philippines/sub5_6d/entry-3886.html 9 Ibid. Samal economics and piracy.

22 Yakan.10 The Yakan is a group that lives on the island of Basilan south of Mindanao. They traditionally lived in the interior parts of the island, particularly in the east central and southwestern parts, while the Samal ad Tausug occupied the coastal areas. There are around 100,000 Yakan and they make up half the population of Basilan.

The Yakan are Muslims and the language they speak is similar to that of the Samal. They live in bamboo-wall and thatch-roof houses set up in middle of fields. The houses are often widely scattered. They are primarily farmers who grow rice, coconut, a variety of vegetables and fruits, and maintain water buffalos as plow animals. Women are known to have never been veiled. Marriages involve the payment of bride price, which is returned once the woman has children.

B. Municipality of Sibuco, Zamboanga del Norte and Zamboanga City and the affected Villages

The two (2) LGUs to be traversed by PR12 subproject are Sibuco, Zamboanga del Norte and Zamboanga City comprising a total of four (4) barangays. The combined land area of the four barangays is 11,784km2, population of 2,022,067, and population density of 172 person per km2.

Table 24: 2015 Population of Sibuco and Zamboanga City by Barangay Location Population Location Population Municipality of Sibuco 34,620 Zamboanga City 861,799 Culaguan 436 Curuan 8,796 Lunday 1,570 Puliran 1,155 Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA.

The male population in Sibuco and Zamboanga City 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%.

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 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.

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%).

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

10 Ibid. Yakan.

23 support workers (5%) and in the armed forces (1.4%). Only .1% did not reported any type of occupation.

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).

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

Households occupying land and structures were surveyed to establish their socio- economic conditions. The total number of affected entities is 384 comprising of 374 households and 10 private and government institutions. From the 374 AHs who will be physically and/or economically displaced, 67% (249 AHs) were covered. It was determined that 92 AHs (25%) were deemed absentee owners by local officials, and 33 (9%) were out during the interview period. (see also Chapter 6 para 148.) The 249 surveyed AHs are distributed in four barangays of the municipality of Sibuco and city of Zamboanga. Tabular presentation of survey results is provided in Appendix 6: Results of Socioeconomic Survey.

1. Socio-demographic Characteristics

There are more male headed households (70%) than female headed households (30%) across all the barangays. Majority of the AH heads are spread across the age brackets. Mean age is 47 and range of ages is from 18 to 83. Most of the AH heads are married (70%). Some are widow/er (13%), common law partners (10%) and single (7%). Religious affiliation of AH heads include Catholic (82.6%), Islam (15.9%), Non-Catholic/Protestant (0.5%), and other religion (0.5%).

Of the 249 surveyed AH heads, 27% are elementary undergraduates and 20% completed elementary schooling. About 25% are high school undergraduates and 14% high school graduates. Six percent are college undergraduates and 7% college graduates. Around 1% has no formal education while very few AH head availed of vocational/ technical training.

Most of the AH heads (56%) claim to be originally from the current barangay they reside in, followed by 17% who previously lived in other municipalities within the province, 15% from other barangays within the same city/municipality, 8% from other provinces within the Region, 4% who migrated from other regions of the country and 1% from another country. About 79% of the AH heads have been living in the area for more than 10 years. Those who have been living there for 1-5 years account for 13% while about 8% have been there for 6-10 years. Very few (1%) have been residents in the area for less than a year.

2. Ownership of Land and Structure

Land ownership can be a form of economic security among AHs, business owners, and landowner/claimants. Of the 249 AH heads, majority (68%) occupy private lands while 10% claim that the land is owned by the government. About 20% did not respond to land ownership question and 1% is not aware of ownership. Most of the affected lands of the surveyed 249 AHs are used

24 as residential (71%), followed by 22% combined residential-commercial, 4% commercial and 3% agricultural. Of the total 249 AHs, only 33% are owners of the lands they occupy/utilize and others did not respond to the question. About 21% of the respondents claimed having land titles while 8% tax declarations as proof of ownership. Others have mortgaged and/or deeds of sale/transfer (9%), and some with proofs of ownership (14%). The remaining 47% have no proof of ownership and 2% did not respond.

Residential structures account for majority of the affected structures (70%) while 5% are used solely for commercial purposes. Some (25%) are used both for residential and commercial. Among households and business respondents, majority (85%) claim to own the structures they occupy. Some are co-owners (4%) are co-owners, tenants/ renters (4%) and free occupants with permission (3%).

3. Socio-economic Profiles

About 37% of the surveyed affected HHs are farmers while 19% are businessmen. Some are service crews (12%), others are government employees (7%), workers (5%) and private employees (3%). About 7% have other occupation and 10% are unemployed. Based on the surveyed affected HHs, the employment status for a large majority (41%) is seasonal, followed by self-employed (29%), permanent/regular (22%), and contractual (8%).

Majority of the interviewed AH heads (58.6%) have a monthly income of Php 10, 000.00 and below, 18.5% earns Php 10,001- 20,000, 9.2% earns Php 20,001-30,000 and 2.4% earns Php 30,001- 40,000. Few earn Php 40,001- 50,000 (2%) and Php 50,001- 60,000 (2%). Only a small percent has monthly income of Php 60,001- 70,000 (1.6%) and Php 70,001 -110 (1.6%). A mere 0.4% each have monthly income ranging from Php 120,001-130,000, Php150,001-160,000, Php240,001-250,000 and Php 740,001- 750,000. Around 1.2% have income ranging from Php 140,001-150,000. About 1.2% did not respond to the question on income.

Mean monthly income of AHs is computed at Php 20,780.55 with minimum at Php 270.00 and maximum at Php 750,000.00.11 The 2018 annual poverty threshold per capita income for rural areas of Zamboanga del Norte is PhP 28,223 and for Zamboanga City Php 23,943.00.12 This means that for Zamboanga del Norte, a family of five needs no less than PhP 11,759.58 per month, 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. For Zamboanga City, the monthly poverty threshold for a family of five is PhP 10,344.80.

For most surveyed households (72.1%) have monthly expenditure of PhP 10,000 and below while 17.9% AHs spend a range of 10,001 to 20,000 per month. Others spend PhP 20,001- 30,000 (3%), PhP 50,001 to 60,000 (0.5%), PhP 60,001 to 70,000 (0.5%) and PhP 100,001 to 200,000 (1.5%) per month. Mean monthly expenditure is Php 9,640.00 with range of Php 500.00 to Php 132,000.00. An estimated 29% of the AHs are deemed poor based on 2018 poverty data for the province.

4. Quality of Life

11 Actual HH size factored in based in survey result. 12 Updated full year 2018 regional annual per capita income: value/12 multiplied by 5.

25 Majority of surveyed AHs (79.1%) use galvanized sheets as roofing materials, others avail of nipa (14.9%), wood (1.5%), cement (0.5%) and 4% other materials. There are various wall materials for housing: about 57.7% of the surveyed HHs use wood, followed by cement (21.4%), bamboo (2.5%), nipa (1.5%), tiles (0.5%), and other materials (16.4%).

Most of the respondents have access to electricity (81%). Few avail of kerosene (12%), solar (4%), battery (1%) and other sources (2%). Around 70.6% of the AHs have piped water connections, while some use closed pump (12.4%), and open well (10%). Others source water from river/spring (4.5%) and rain (0.5%). For cooking, majority of the AHs (81%) use wood/charcoal as primary fuel source for cooking, some purchase LPG (8%), electricity (2%) and other fuel sources (9%).

About 72% of the affected households report using flush-type toilets in their homes. Some (10%) use open pit while few are with antipolo type (4%) and other type of toilets (1%). Around 13% practice open defecation.

5. Perception of the Project Impacts

Based on 249 responding AHs, 70% believe that one of the positive impacts of the project is progress for the town/barangay and 25% trust that the project would generate jobs. The project is envisaged to contribute to the growth and improvement of business according to 2% of those surveyed. About 1% said that it may result to a clean and beautiful environment and 1% claim it would reduce the incidence of accidents. About 2% have no idea.

Around 87% of the affected households said that loss or reduction of structures/houses is one of the negative impacts of the project. Other adverse effects cited are air pollution (9%), water pollution (1%), destruction of plants (1%), loss of jobs and livelihood (1%), and other impacts (1%). Only 1% did not respond.

A large majority (95%) of those surveyed at the time of SES expressed support for the project. Around 2% are not supportive while 1% did not have an opinion while 2% were nonresponsive to the question.

6. Gender

Out of the 274 affected, 27% are female. About 74 AHs are headed by females of which 3 are poor and 23 elderly. The average female-headed household size is 5 with mean monthly income calculated at Php 32,705.81.

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.13 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).

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

26

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 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.

27 IV. CONSULTATION, PARTICIPATION AND DISCLOSURE

A. Consultation and Participation at Planning Stage

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”.

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

There were two public consultation meetings conducted in preparing the draft RIPP. The first consultation was carried out on 03-06 March 2018 prior to the conduct of census, IOL and SES. The second consultation was conducted on 29- 30 May 2019 after the completion of appraisal.

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

The coordination and public consultation meetings for PR12 were conducted from 03- 06 March 2018. The DPWH Project Director UPMO sent letters to the RO, DEO and the LGUs prior to the conduct of coordination meetings and public consultations with PAPs in 4 barangays traversed by PR12 as part of the preparation of this RIPP. A total of 386 persons participated. Table 25 shows the details, including the agenda.

Table 25: 1st Round of Consultations Date Barangay Number of Participants Agenda Zamboanga City 267 Presentation of the Project 03 Mar 2018 Curuan 267 and Open Forum

28 Date Barangay Number of Participants Agenda Sibuco 119 04 Mar 2018 Puliran 36 05 Mar 2018 Culaguan 60 06 Mar 2018 Lunday 23 TOTAL 386

Table 26 presents issues and concerns raised during the consultation. See Appendix 5: Report on First Consultation Meetings conducted at Preparation of draft RIPP.

Table 26: Issues and Concerns per Barangay: 1st Round Barangay Main Themes Issues and Concerns Raised Curuan Concern about a. Concern about existing irrigation canals and query about irrigation canal. compensation of farmers whose farm lots are dependent on Queries related to the irrigation?” project. Compensation b. Compensation of affected lots that are covered by CLOA and free of Affected Lots, crops patents? and trees; Concern c. Concern about ample time needed by APs to rebuild houses. Puliran about a mosque that a. Query about ROW width requirements. will be affected and b. Query about a mosque that will be affected. Query about tagging compensation of and conduct of interviews and IOL related activities. Culaguan drainage project. a. Concern about a shallow well that will be affected by the ROW, the only source of residents for potable water. b. Request to provide temporary site for Military Camp will be affected by the ROW. c. Coconut trees that were not tagged but are within the 30meters ROW. Lunday a. Compensation of lots covered by a CA 141 and ISF? b. Compensation of Barangay drainage project. c. Structures within the ROW without tags

b. Second consultation (after the completion of appraisal)

On 27- 30 May 2019, another public consultations were held in affected barangays of PR12. The agenda of the consultations are as follows: (1) presentation of project updates, (2) disclosure of the revised RIPF and the master list of APs (3) formation of Municipal RIC and (4) open forum. A total of 318 persons participated in the meetings. Table 27 below shows the details, including the agenda, central themes, and issues and concerns raised. (See Appendix 6: Report on Second Consultation Meetings conducted at Preparation of draft RIPP).

Table 27: 2nd Round of Consultations Number of Participants Date Barangay Main Theme Issues and Concerns Male Female Total Zamboanga City 79 119 198 a. Number of days that DPWH will allow to demolish the structures 29 May 2019 Curuan 79 119 198 Queries related after payment of compensation Sibuco 68 52 120 to the project, b. Names not appearing in the master compensation, 29 May 2019 Lunday 16 8 24 list realignment 30 May 2019 Culaguan 31 27 58 c. Lot is covered only by a Tax and names of 30 May 2019 Puliran 21 17 38 Declaration / Homestead APs not in the Patent master list. TOTAL 147 171 318 d. Identification Cards that will be acceptable to process claims

29 Number of Participants Date Barangay Main Theme Issues and Concerns Male Female Total e. Appeal for road realignment to spare the Masjid and the Balete tree from ROW acquisition

Table 28 below provides the summary of issues and concerns raised during consultations conducted.

Table 28: Summary of Issues and Concerns raised by APs: 2nd Round Issues and Concerns Responses Barangay Curuan How many days will DPWH provide APs will be properly notified and they will be allowed sufficient time for the removal of the structures (normally 15-30 days) to build new houses after payment. after payment of compensation? Names do not appear in the master APs non-inclusion in the list can be verified and ascertained when the list (affected residential structures) ground validation is undertaken by DPWH this year. The schedule of validation and disclosure will be coordinated with the Punong Barangay at least three days prior to its conduct. What types of Identification Cards For validation purposes, a Barangay ID is acceptable to DPWH. will you require? Will DPWH accept However, a Barangay ID is not in the list of valid IDs being honoured by Barangay IDs? Land Bank. That said, the Validation Team will announce the list of valid IDs (and other documentary requirements) required to process payment for compensation. This will be done during a public consultation meeting that will be held soon primarily to disclose the validated APs master list. Property is not yet subdivided and If the purchased lot is covered by a title, the AP can request the Seller the original title subsists. to execute a Waiver in favor of the Buyer or the Buyer can go to the Register of Deeds to request the annotation of title/entry of the Deed of Sale. Better still, APs can seek the assistance of the city legal office to address the concern. Arrears in Land Tax DPWH will validate with the City Assessors Office if there are any Real Property Tax arrears that land owner needs to settle for the property to be acquired. RPT arrears will be deducted from the compensation due to the AP. APs are encouraged to seek the assistance of city legal office to address the concern. Lot is covered by a Homestead If the AP is a holder of free or homestead patents and if the AP is not Patent the original patent holder and if previous acquisition of said lot is not through a gratuitous title, the AP will be compensated for loss of land at 100% of the current market value and improvements at replacement cost. On the other hand, the AP will not get any compensation if the AP is the original patent holder or the acquisition of the lot from the original patent holder is through a gratuitous title, since the Government may exercise its right to use the area reserved for public use but the AP will still get 100% cash compensation for the entire structure at replacement cost if severely affected. Land is covered by a Stewardship Land covered by the Integrated Social Forestry Program (ISF) is not Agreement (ISF). compensable. But for affected crops and trees, payment of compensation will be based on current market value. Barangay Lunday Rubber trees and others crops are Ground validation will be done to determine if the rubber trees and not in the list. crops are within the 20m RROW limit. Residential structure is not in the Ground validation will be carried out within the year to determine if the master list- structures, crops and trees in the list are indeed within the 20m ROW Houses, crops and trees are not in limit. This will be done during the validation and disclosure activities by the master list DPWH ROW Task Force and DEO Zamboanga City (in coordination

30 Issues and Concerns Responses with the LGU/BLGU). Team will also verify if APs to be paid based are indeed the rightful owners of the affected properties. Two residential houses will be You will be compensated for loss of improvements (2 houses) at affected, one in Sibutad and replacement cost. another in Lunday. Barangay Culaguan The house, crops and trees are not Ground validation will be carried out within the by DPWH ROW included in the list. Validation Team. Lot is covered by a Tax Declaration If the AP can present a Tax Declaration that will show open and continuous possession for a period of 30 years and a DENR Certification stating that the land is alienable and disposable, the TD will be treated as a special case under the ROW law (RA10752) and it will be accepted as proof of ownership. As such, the AP will be compensated at current market value. The owner should be Madilyn This can be verified and ascertained during the ground validation that Amancio and not Sari Amancio will be undertaken by DPWH this year. The schedule of validation and disclosure will be coordinated with the Punong Barangay at least three days prior to its conduct. Owner of Lot is in Malaysia. Obtain a Special Power of Attorney (SPA) from the landowner if the owner being represented is abroad, the SPA must be duly attested to by the Philippine Consulate abroad where the property owner is residing. Barangay Puliran Where do we get the payment for The processing of payment for compensation will be coursed to the compensation? DPWH District Engineering Office in Labason that is after completion of validation and disclosure activities. Name does not appear in the Ground validation will be carried out within the year by DPWH ROW master list. Validation Team and this will be a good time to request the Team to visit your affected house. The schedule of validation and disclosure will be coordinated with the Punong Barangay at least three days prior to its conduct. Request for road realignment so Request to realign road design so that the Masjid will be spared is that the Masjid and the Balete tree being considered favorably by the Consultant (design engineer). In the will not be affected by ROW case of avoiding the Balete tree, the request is still under study. acquisition.

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.

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.

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

31 On 11-12 November 2019, the DPWH RROW team conducted consultation meetings in the four affected barangays of PR 12 (Appendix 7: Minutes of DPWH Validation and Disclosure Activity). Out of 160 participants, about 39% were male and 61% were female.

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. (iii) 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 (iv) 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 (v) The meetings were then opened for questions and comments

Table 29 presents the details of the disclosure meetings.

Table 29: Disclosure meetings in 4 Barangays to be traversed by PR12 Number of Participants Date Barangay Male Female Total Zamboanga City 11 Nov 2019 Curuan 49 82 131 Sibuco 12 Nov 2019 Lunday, Culaguan and Puliran 14 15 29 Total 63 97 160

Issues and concerns were raised by APs during the open forum, see Table 30.

Table 30: Issues and Concerns Raised by APs during Disclosure Issues and Concerns Responses Zamboanga City Barangay Curuan APs are required to present two (2) valid IDs- One primary ID What do you require to process (government issued ID) like PRC, Licence (LTO), GSIS, PAGIBIG and payment of compensation for one secondary ID, either a valid Company ID, Barangay ID, TIN # and Affected Persons? duly notarized Waiver and Affidavit of Absolute Ownership What about the requirements for A barangay resolution authorizing the Punong Barangay or other properties owned by the authorized person, to receive the compensation for barangay properties Barangays? affected by the project. Tin # and 2 valid IDs are also required. What assurance do we have that No structures will be removed by DPWH /contractor without the APS compensation will be released receiving payment of compensation.

32 Issues and Concerns Responses prior to project implementation/ construction? Municipality of Sibuco Barangays Lunday, Culaguan and Puliran What are the requirements to The requirements are two (2) valid IDs, Barangay Certification, TIN # process the payment of and duly notarized Waiver and Affidavit of Absolute Ownership compensation for APs? For affected properties that are A barangay resolution authorizing the Punong Barangay or other owned by the Barangay, what do authorized person, to receive the compensation for barangay properties you require? affected by the project. Tin # and 2 valid IDs. What is the assurance that Affected Persons will receive payment before the start of the project. compensation will be released to That means, no structures will be removed by DPWH and Contractor APs prior to project without corresponding payment for compensation for affected implementation/construction? properties.

3. IP Consultations

Interest and well-being of indigenous peoples in the project area are protected and promoted by NCIP. The CP is a certificate issued by the NCIP stating that the project area does not overlap/affect with any ancestral domain. Prior to the issuance of the CP, a field-base investigation (FBI) shall be conducted by the Ancestral Domains Office of the concerned area 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. The IPs have the right to stop or suspend any project that does not satisfy the consultation process. After conducting consultation meetings, a decision meeting will be established. During the meeting, the council of elders/ leaders will proclaim their decision. Subsequently, negotiation and finalization of terms and conditions of Memorandum of Agreement (MOA) is executed.

26. Presence of IPs was determined through the NCIP validation and earlier DPWH public consultations and SES in the barangays of Sibuco and Zamboanga City. A pre-FBI Conference was held on 20 September 2018 at the NCIP, Zamboanga City Office, Governor Camins Avenue, Zamboanga City 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 PR12; (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.

The FBI for the 4 barangays of PR12 was conducted on 04-13 March 2019 that ensured consultations with the IP communities in the presence of their respective IP traditional leaders and barangay leaders. Feedback from the IP consultations resulted to generating the following information; (i) Impacts on the properties of IP households and the need for compensation before construction commences, and (ii) support for the project as a means of improving living standards and access to markets in the project areas. 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 8: FBI Report on PR12: Curuan-Sibuco Road.

33 The Certificate of Non-Overlap was finally issued on 26 December 2019 at NCIP Regional Office, Raiza Building, Lumbia District, Pagadian City, Zamboanga del Sur.

B. 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.

The Municipal/City RIC was officially constituted on 29-30 May 2019 and an updated PIB was distributed in the project area. The PIB was translated to the local language by DPWH. Information in the PIB includes the project name, cut-off date, eligibilities and compensation/ entitlements. GRM procedures and focal persons. As disclosed, the cut-off date of PR12 was on 12 January 2018. The translated PR12 PIB is attached in Appendix 9: PIB in Local Language.

DPWH disclosed that the final RROW limit is 20m during consultations conducted from 11-12 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).

C. Consultation, Disclosure and Information Dissemination during RIPP Implementation

Meaningful consultation and disclosure activities will continue during project and RIPP implementation. Various means of communication can be applied depending of 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 discuss), as well as printed material such as information brochures and copies of reports.

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.

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.

The requirements for consultation and disclosure along with roles of key implementers and stakeholders and timing are presented in Table 31.

Table 31: Roles and Responsibilities for Consultation and Participation

34 Objectives / Means of Source of Activity Target Audience Responsible Timing Communication Funds IP Specific FPIC Local IP - Presentation of project NCIP with Completed at - Project communities and description, impacts DPWH RIPP updating supervision their elders/ and mitigation (UPMO, consultant leaders measures. ESSD, DEO) - GOP - Consensus building/ counterpart; decision making. DPWH Consultation meetings. (UPMO, - Separate meetings with ESSD, DEO) IP traditional leaders. Disclosure of - Affected ICCs; - Present RIPP - DPWH Completed at updated RIPP - Stakeholders - Consultation meetings - NCIP RIPP updating (including NGOs - Additional separate and meetings with IPs and traditional traditional leaders. leaders) - Public posting of updated PIB; Copy distributed to NCIP (Regional Office) by DPWH. General public Public disclosure on ADB Following ADB’s website approval of RIPP Disclosure of IP leaders/ICCs, - Uploaded on ADB - ADB Upon submission External NGOs, LGU, website - DPWH of monitoring Monitoring NCIP - Copy distributed to reports Reports NCIP-RO by DPWH. Disclosure of Uploaded on ADB ADB Upon submission Internal website. of monitoring Monitoring reports Reports Resettlement Disclosure of AHs - Dissemination of the DPWH Prior to ADB - Project draft RIPP and updated PIB, including (UPMO, submission and supervision entitlements compensation and ESSD, DEO) DPWH consultant entitlements, cut-off endorsement - GOP date, GRM procedures counterpart; and contact details for DPWH focal persons (UPMO, - Consultation meetings ESSD, DEO) - PIB Disclosure of - AHs, - Dissemination of RIPP - DPWH Following updated RIPP - Communities in to all barangays in (UPMO, approval of RIPP project areas; project areas and ESSD, DEO) by Government - Agencies agencies involved in and ADB involved in RIPP RIPP implementation. implementation - Copy distributed to Regional Office by DPWH. General public Public disclosure on ADB ADB’s website Resettlement AHs Group and individual - DPWH, Following DMS impacts discussions with (UPMO, validation relocating AHs on ESSD, DEO)

35 Objectives / Means of Source of Activity Target Audience Responsible Timing Communication Funds options details and - LGU assistance entitlements. Livelihood - AHs eligible for - Group discussions on - Consultant, - During RIPP development livelihood livelihood restoration - DPWH updating and restoration strategy, including (UPMO, - Throughout assistance proposed options. ESSD, DEO) RIPP - Needs and preference and implementation. assessment. - Other government agencies Entitlements, AHs - Public consultation - DPWH Following eligibility and meetings. (UPMO, finalization of compensation - Distribution of PIB to ESSD, DEO) updated RIPP rates and LRP APs - IPA - Consultant Implementation AHs Public consultation DPWH Ongoing prior to schedule of meetings (UPMO, implementation resettlement ESSD, DEO) and upon plan and civil significant change works in implementation schedule. Compensation AHs Notices to individual - DPWH Minimum 1 week disbursement households - Land bank or prior to schedule any disbursement Authorized Government Depository Bank (AGDB) Relocation - Households - Group discussions and - DPWH Upon final arrangements required to - Individual consultations - LGU and approval of relocate as needed. - AHs updated RIPP - Local authorities onto completion Disclosure of - Public, Uploaded on ADB ADB Upon submission External - Local authorities website. of monitoring Monitoring reports Reports Disclosure of Public Uploaded on ADB ADB Upon submission Internal website. of monitoring Monitoring reports Reports

36 V. GRIEVANCE REDRESS MECHANISM

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.

There are three levels of grievance redress open to APs and other stakeholders during the RIPP implementation.

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.

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.

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.

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.

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).

37 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. 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.

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.

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.

38 VI. LEGAL AND POLICY FRAMEWORK

A. Relevant Laws and Regulation in the Philippines

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

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.

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.

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.

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

39 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.

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.

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.

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.

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.

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.

Other laws and policies ranging from Executive Orders, Administrative Orders and DPWH Department Orders are as follows:

40

(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 lessee’s 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

41 without prejudice to what is established for the acquisition of ownership and other real rights by prescription (1963). (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

42 that contractors to hire a minimum percentage of 50% of unskilled and 30% skilled 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.

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

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);

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

NCIP has issued number of AO that puts into operation the provisions of IPRA. The most important AO for purposes of this RIP is NCIP AO No. 3 or the Revised Guidelines on FPIC and Related Processes of 2012.

3. Other Laws and Guidelines

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.

44 (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. (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

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.

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,

45 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 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.

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.

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.

46 (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 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.

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.

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.

47 (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 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.

48 (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 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

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.

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.

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.

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

49 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 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.

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.

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.

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

50 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.

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.

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 32.

Table 32: Involuntary Resettlement Gap-Equivalence Analysis ADB Policy GOP Laws Gap Gap-Filling Measure 1. Pay compensation Under RA 10752, APs will Mode of payment/ The APs will be paid and provide other be paid in two instalments compensation for 100% compensation resettlement for their affected properties. affected assets/ prior to removal of entitlements before Initially, they will be paid properties. assets and properties. physical or economic 50% of compensation due displacement. for their affected lands and The APs will not be Implement the 70% of compensation due displaced until after they resettlement plan under for structures and crops have received in full the close supervision found on their affected compensation and throughout project lands. The balance in applicable allowances implementation. compensation for the land due to them. 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). 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?"

51 ADB Policy GOP Laws Gap Gap-Filling Measure GOP Laws and the DPWH Land donation is not Land donation will not be SES recognize land within the scope of applied. donation as a modality for the ADB SPS of land acquisition. 2009. 2. Severely affected B. Marginally-affected APs: There is difference in Marginally-affected persons/ HHs: When is the portion of the usage of severity. APs with Affected the loss of the AP is property to be affected is Productive Assets equivalent to 10% or only partial or less than example farmland and more of its total 20% of the total area and income from other productive assets (e.g., the remaining portion of the sources (business/shop) farmland, fish farm) property or asset is still will be reclassified as and incomes from other viable for continued use. severely affected – sources (e.g., However, if the property to losing 10% or more of business/ shops), be affected is less than productive assets. and/or when the AP 20% but the remaining losses its house totally portion is no longer viable and must reorganize for continued use will also behind the right-of-way be reclassified as severely- or relocate elsewhere affected. 3. Compensation for PAPs without legal PAPs without legal PAPs who do not have non-land assets. PAPs entitlement to affected land rights to affected land legally recognized right to who have neither formal will be eligible for are potentially the affected land but who legal rights nor compensation for structures ineligible for occupy the project recognizable claims to and improvements with compensation for affected area prior to the affected land they following criteria: non-land losses if cut-off date are eligible for occupied, are to be - Must be a Filipino they occupy ROW or compensation for all compensated for the loss citizen; are classified as losses, other than land, at of assets other than land, - Must not own any real professional squatters full replacement cost. and for other property or any other or who own real improvements to the land, housing facility, whether property elsewhere. “Squatting syndicates” as at full replacement cost, in an urban or rural area; defined in section 3 of RA provided they occupied the - Must not be a 7279 and who are project area prior to the professional squatter or certified by HUDCC and project cut-off date. a member of a squatting or other Government syndicate, as defined in Agency (PNR, LGU R.A No. 7279, otherwise among others) as such known as the "Urban will not be eligible for Development and compensation or housing Act of 1992"; assistance. (Section 5(b) of RA 10752) “Squatting Presence in the project syndicates” as defined in affected area at cut-off section 3 of RA 72795 date to be validated will not be eligible for through census and compensation or validated by the Local assistance. Inter-Agency Committee. 4. Eligibility for Socialized Housing: Restrictions on All relocating PAPs will be resettlement assistance. eligibility for eligible for: Physically displaced Under Section 16 of RA 7279, resettlement - relocation allowance, persons will be provided informal settlers: To qualify for assistance for those including transportation with relocation assistance, the socialized housing who have previously allowances transitional support and program, a beneficiary: availed of socialized development assistance. - Must be a Filipino citizen; housing or have real AND one of the two Improve the standards of - Must be an property elsewhere. following option: living of the displaced poor underprivileged and and other vulnerable homeless citizen (i) self-relocation, groups, including women, to (ii) on-site relocation,

52 ADB Policy GOP Laws Gap Gap-Filling Measure at least national minimum - Must not own any real (iii) relocation to project- standards and provide them property whether in the sponsored resettlement with appropriate income urban or rural areas; and sites in cooperation with sources and legal and - Must not be a key actors – local affordable access to professional squatter or a governments and other adequate housing. member of squatting entities as mandated by syndicates. 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.

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 33.

Table 33: Indigenous Peoples Gap-Equivalence Analysis Gap ADB Policy GOP Laws Gap-Filling Measure The definition of Scope of Application/ Indigenous Peoples (IPs) IPRA will prevail Indigenous Peoples under Definitions: The term IP is are defined by the IPRA IPRA fully covers the ADB used in a generic sense to Law (Sec 3. (h) as “a usage under the SPS. It refer to a distinct, vulnerable, group of people or however goes beyond the social and cultural group homogenous societies ADB usage through the possessing the following identified by self-ascription concepts of (i) time characteristics in varying and ascription by others, immemorial occupation, degrees: (i) Self-identification who have continuously possession and utilization as members of a distinct lived as organized of territories, (ii) historical indigenous cultural group and community on communally differentiation as a result of recognition of this identity by bounded and defined resistance to political, others; (ii) Collective territory and who have, social and cultural inroads attachment to geographically under claims of ownership of colonization, and (iii) distinct habitats or ancestral since time immemorial, descent. territories in the project area occupied, possessed and and to the natural resources utilized such territories, in these habitats and sharing common bonds or territories; (iii) Customary language, customs, cultural, economic, social, or traditions and other political institutions that are distinctive cultural traits, or separate from those of the who have, through dominant society and culture; resistance to political, and (iv) A distinct language, social and cultural inroads often different from the official of colonization, language of the country or nonindigenous religions region. and cultures, became historically differentiated from the majority of Filipinos” . The LARRIP has no explicit Unanticipated Impacts: Included as a concern ADB policy will provisions on unanticipated Should unanticipated impacts under external monitoring prevail impacts. on IPs become apparent only. during project implementation, such as a change in the project’s footprint, the borrower/client will carry out a social impact

53 Gap ADB Policy GOP Laws Gap-Filling Measure assessment and update the IPP or formulate a new IPP covering all applicable requirements specified in this document.

D. Social Safeguards Policy Principles for the Project

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 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,

54 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.

55 VII. COMPENSATION AND OTHER ENTITLEMENTS

A. Affected Persons and Eligibilities

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.

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

(i) Landowners and Land Users a. Legal owners (e.g., agricultural, residential, commercial and institutional) who have full title, tax declaration, or who are covered by customary law (e.g. 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.

In this Project, the cut-off date of eligibility for project entitlements is 12 January 2018 the starting date of the census of APs and the IOL of APs’ land and/or non-land assets for PR12. Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

56 B. Compensation and Entitlements

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 groups14. Pursuant to the 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 taxes15(ii) there placement 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.

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.

To determine the appropriate price offer for the acquisition of ROW through negotiated sale, DPWH engaged 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 (BSP) or (2) a professional association of appraisers recognized by BSP.

Entitlements and compensation are determined according to the nature of the impacts. A range of entitlements are provided in Table 34.

Table 34: Compensation and Entitlement Matrix No Loss Category Application Entitled Person Entitlement A. LAND LOSS 1 Classified as Severely affected AP with Title • Cash compensation for loss of land at Agricultural (10% or more of the full replacement cost computed at total landholding current market value, free of taxes, (70 HHs) lost or where less including capital gains tax (CGT), than 10% lost but documentary stamps tax (DST), the remaining transfer tax, and registration fees, landholding except Real Property Tax (RPT) becomes arrears economically • If feasible, land for land will be unviable) provided in terms of a new parcel of land of equivalent productivity, at a 22 HHs location acceptable to APs • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value

14 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. 15 Free of taxes, including capital gains tax, documentary stamps tax, transfer tax, and registration fees, except Real Property Tax (RPT) arrears.

57 No Loss Category Application Entitled Person Entitlement • 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 for improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking. • Rehabilitation assistance in the form of skills training equivalent to the amount of Php15,000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity. • Option to have entire lot acquired if remaining portion is economically unviable. 2 APs without title • Cash compensation for loss of land at and with tax full replacement cost computed at declarations and/or current market value, free of taxes, other documents including capital gains tax (CGT), that may show documentary stamps tax (DST), transfer proof of ownership tax, and registration fees, except Real Property Tax (RPT) arrears Provided that the • If feasible, land for land will be land owner shall provided in terms of a new parcel of present: land of equivalent productivity, at a location acceptable to APs • Tax Declaration • Holders of free or homesteads patents showing his and and CLOA under CA 141. [(i) follow his predecessors’ the other modes of acquisition open and enumerated in the IRR of RA10752, if continuous the landowner is not the original possession of the patent holder and any previous property for at acquisition of said land is not through least thirty (30) a gratuitous title; Cash compensation years; for loss of land at 100% current market • Certification from value and improvements at the Department of replacement cost) or (ii) follow the

58 No Loss Category Application Entitled Person Entitlement Environment and provisions under CA No. 141 Natural regarding acquisition of ROW on Resources patent lands, if the landowner is the (DENR) that the original patent holder or the land is alienable acquisition of the land from the and disposable; original patent holder is through a and gratuitous title] except for • Other legally improvements at replacement cost recognized proof • Holders of Certificates of Land of ownership Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. • Cash compensation for damaged crops at market value at the time of taking.

If severely affected (10% or more of the total landholding lost or where less than 10% lost but the remaining landholding becomes economically unviable), in addition to the above:

• Rehabilitation assistance in the form of skills training equivalent to Php15, 000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity. Option to have entire lot acquired if remaining portion is economically unviable. 3 Marginally affected AP with Title • Cash compensation for loss of land at full replacement cost computed at (Less than 10% of current market value, free of taxes, the total landholding including capital gains tax (CGT), lost and the documentary stamps tax (DST), remaining transfer tax, and registration fees, landholding is except Real Property Tax (RPT) arrears economically viable) • If feasible, land for land will be provided in terms of a new parcel of 48 HHs land of equivalent productivity, at a location acceptable to APs • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • 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

59 No Loss Category Application Entitled Person Entitlement 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 for improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking. 4 APs without title • Cash compensation for loss of land at and with tax full replacement cost computed at declarations and/or current market value, free of taxes, other documents including capital gains tax (CGT), that may show documentary stamps tax (DST), transfer proof of ownership tax, and registration fees, except Real Property Tax (RPT) arrears Provided that the • If feasible, land for land will be land owner shall provided in terms of a new parcel of present: land of equivalent productivity, at a location acceptable to APs • Tax Declaration • Holders of free or homesteads patents showing his and and CLOA under CA 141. [(i) follow his predecessors’ the other modes of acquisition open and enumerated in the IRR of RA10752, if continuous the landowner is not the original possession of the patent holder and any previous property for at acquisition of said land is not through least thirty (30) a gratuitous title; Cash compensation years; for loss of land at 100% current market • Certification from value and improvements at the Department of replacement cost) or (ii) follow the Environment and provisions under CA No. 141 Natural regarding acquisition of ROW on Resources patent lands, if the landowner is the (DENR) that the original patent holder or the land is alienable acquisition of the land from the and disposable; original patent holder is through a and gratuitous title] except for • Other legally improvements at replacement cost recognized proof • Holders of Certificates of Land of ownership Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of Certificates of Land

60 No Loss Category Application Entitled Person Entitlement Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. • Cash compensation for damaged crops at market value at the time of taking. 5 Classified as Entirely affected AP with titles , tax • Cash compensation for loss of land at full Residential (remaining portion is declarations and replacement cost computed at current not viable for other proof of market value, free of taxes, including (7 HHs) residential purposes) ownership capital gains tax (CGT), documentary stamps tax (DST), transfer tax, and 0 HHs registration fees, except Real Property Tax (RPT) arrears • If feasible, land for land will be provided in terms of a new parcel of land of similar attributes and locational advantage as the land lost, at a location acceptable to APs

The entire plot will be acquired and resettlement assistance provided as described in the entitlement matrix. 6 AP without titles • Cash compensation for loss of land at and with tax full replacement cost computed at declarations and current market value, free of taxes, other proof of including capital gains tax (CGT), ownership documentary stamps tax (DST), transfer tax, and registration fees, except Real Provided that the Property Tax (RPT) arrears land owner shall • Holders of free or homesteads patents present: and CLOA under CA 141. [(i) follow the other modes of acquisition • Tax Declaration enumerated in the IRR of RA10752, if showing his and the landowner is not the original his predecessors’ patent holder and any previous open and acquisition of said land is not through continuous a gratuitous title; Cash compensation possession of the for loss of land at 100% current market property for at value and improvements at least thirty (30) replacement cost) or (ii) follow the years; provisions under CA No. 141 • Certification from regarding acquisition of ROW on the Department of patent lands, if the landowner is the Environment and original patent holder or the Natural acquisition of the land from the Resources original patent holder is through a (DENR) that the gratuitous title] except for land is alienable improvements at replacement cost and disposable; • Holders of Certificates of Land and other Ownership Award (CLOA) granted documents that under the Comprehensive Agrarian may show proof Reform Act (RA 6657) shall be of ownership compensated at current market value • Other legally • Holders of Certificates of Land recognized proof Ownership Award (CLOA) granted of ownership under CA 141. Public Lands Act will be compensated on land

61 No Loss Category Application Entitled Person Entitlement improvements only.

The entire plot will be acquired and resettlement assistance provided as described in the entitlement matrix. 7 Partially affected AP with titles , tax • Cash compensation for loss of land at declarations and full replacement cost computed at 7HHs other proof of current market value, free of taxes, ownership including capital gains tax (CGT), documentary stamps tax (DST), transfer tax, and registration fees, except Real Property Tax (RPT) arrears • If feasible, land for land will be provided in terms of a new parcel of land of similar attributes and locational advantage as the land lost, at a location acceptable to APs 8 AP without titles • Cash compensation for loss of land at and with tax full replacement cost computed at declarations and current market value, free of taxes, other proof of including capital gains tax (CGT), ownership documentary stamps tax (DST), transfer tax, and registration fees, Provided that the except Real Property Tax (RPT) land owner shall arrears present: • Holders of free or homesteads • Tax patents and CLOA under CA 141. [(i) Declaration follow the other modes of acquisition showing his and enumerated in the IRR of RA10752, his if the landowner is not the original predecessors’ patent holder and any previous open and acquisition of said land is not through continuous a gratuitous title; Cash compensation possession of for loss of land at 100% current the property for market value and improvements at at least thirty replacement cost) or (ii) follow the (30) years; provisions under CA No. 141 • Certification regarding acquisition of ROW on from the patent lands, if the landowner is the Department of original patent holder or the Environment acquisition of the land from the and Natural original patent holder is through a Resources gratuitous title] except for (DENR) that the improvements at replacement cost land is alienable • Holders of Certificates of Land and disposable; Ownership Award (CLOA) granted and other under the Comprehensive Agrarian documents that Reform Act (RA 6657) shall be may show proof compensated at current market of ownership value • other legally • Holders of Certificates of Land recognized Ownership Award (CLOA) granted proof of under CA 141. Public Lands Act will ownership be compensated on land improvements only. B. MAIN STRUCTURES 9 Residential Entirely affected AP with Title or with • Cash compensation at replacement

62 No Loss Category Application Entitled Person Entitlement structure or tax declaration and value without depreciation or Commercial 250 HHs other proof of deduction for salvageable materials. (e.g. ownership of land • Entitlements for resettlement commercial upon which the assistance (if physically displaced) establishment, structure is built. and income restoration assistance, shop, fixed described in the entitlement matrix store) below.

(254 HHs) 10 AP without Title or • Cash compensation at replacement without other proof value without depreciation or of ownership deduction for salvageable materials. • Entitlements for resettlement Provided that assistance (if physically displaced) meeting all of the and income restoration assistance, following criteria: described in the entitlement matrix below. Must not be a professional squatter or a member of squatting syndicate, as defined in Republic Act No. 7279 11 Partially affected AP with Title or with • Cash compensation at replacement (remaining structure tax declaration and value without depreciation or is still viable after other proof of deduction for salvageable materials. repair) ownership of land • Cash allowance for repairs and upon which the reconnection of utilities.16 4 HHs structure is built. 12 AP without Title or • Cash compensation at replacement without other proof value without depreciation or of ownership deduction for salvageable materials. • Cash allowance for repairs and Provided that reconnection of utilities. 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 C. OTHER STRUCTURES AND IMPROVEMENTS 13 Loss of other Entirely or partially AP with or without • Cash compensation for the affected structures17 affected Titles, tax other structures or improvements at and other declaration, etc. replacement cost. improvements • Cash allowance for repairs if deemed

(153 HHs)

16 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures and reconnection of utilities. 17 Not attached to main structure like fences, wells, external bathrooms, etc.

63 No Loss Category Application Entitled Person Entitlement partially affected.18 14 Community Structure owner • Cash compensation for the affected structures other structures or improvements at replacement cost. (4 barangays) • Cash allowance for repairs if deemed partially affected D. CROPS, TREES AND PERNNIALS 15 Loss of crops AP with or without Cash compensation for crops, trees, and (76 HHs), Titles, tax perennials at replacement cost as declaration, etc. prescribed by the concerned LGUs, DA, Loss of trees and DENR. and perennials (76 HHs) E. OTHER ENTITLEMENTS 16 For Agricultural Severely affected Land owner, Livelihood rehabilitation assistance and commercial Agricultural (skills training and other development and including 10% or more of tenants/settlers/ activities) will be provided in commercial total landholding/ lessee with title, tax coordination with other government establishment productive asset declaration and agencies, if the present means of lost or where less other proof of livelihood is severely affected or no than 10% lost but ownership or in longer viable and the PAF will have to (94 business remaining land compliance with RA engage in a new income activity owners, 22 holding or 10752 farmers,) commercial establishment becomes economically unviable, or commercial structure no longer viable. 17 For commercial/ Marginally or APs with affected • Income loss allowance commensurate business severely affected businesses with actual incomes loss, up to a maximum of P15,000. (94 HHs) • 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, transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business. 18 Affected Loss of APs who are • Cash compensation for net salary of employees employment due to employed in a two months based on actual salary.

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

64 No Loss Category Application Entitled Person Entitlement land acquisition or displaced For APs whose income is below or (9 persons) clearance. commercial within the minimum wage, cash establishment and compensation for two months based lose their job due to on prevailing minimum wage. displacement of • Livelihood rehabilitation assistance business (skills training and other development activities) provided in coordination with other government agencies 19 For residential Entirely affected APs that need Inconvenience Allowance in the amount structure relocation and new of ₱10,000.00 construction (227 HHs) 20 Vulnerable AHs Additional hardship Vulnerables are Livelihood rehabilitation assistance encountered by households headed (skills training and other development (176HHs) AHs due to by women with activities) provided in coordination with vulnerability dependents; other government agencies (110 poor, 74 households headed FHHs, 52 by the elderly; elderly, 4 IP and households having 5 landless- members who are multiple person with indicators) disabilities (PWDs); households whose income fall below the recognized poverty line; landless households; and indigenous peoples. F. RELOCATION 21 Loss of Families displaced APs/Informal • Transportation Allowance to move residential who opt to relocate Settlers Families household belongings to new site structure (ISFs) who are • Livelihood rehabilitation assistance (9 HHs) relocating 22 Entirely affected Qualified Informal • Provided option for relocation at a without land Settlers Family19 resettlement site in coordination with the LGUs (5 HHs) • 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 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-

19 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.

65 No Loss Category Application Entitled Person Entitlement site relocation, and (iii) relocation to project- sponsored resettlement sites in cooperation with key actors – local governments and other entities as mandated by law.

During the surveys and consultations, DPWH was able to document that of the 374 AHs, 92 AHs (25%) were deemed absentee owners by local officials, and 33 (9%) were out during the resurvey period (June-July 2020). 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 amongst the total 374 AHs. Compensation due to them shall be held in escrow until such time the AH claim their entitlement. Should additional vulnerable households be identified from APs who were out during the resurvey, they will automatically be included in the LRP and other entitlements accrued them shall be extended.

Compensation for land. The compensation offer will be at replacement cost 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. The owner will pay any unpaid real property tax. Other modes of compensation will be explored when feasible, such as land swap for a new parcel of land of equivalent market value, at allocation acceptable to the AP and compliant with zoning laws, or a plot of equivalent value, whichever is larger, in a nearby relocation site with adequate physical and social infrastructure. When the affected landholding has higher value than the relocation plot, cash compensation will cover the difference in value. For AHs with ongoing applications for proof of ownership, certification from the Municipal Assessor’s office shall suffice as proof.

Holders of Certificates of Land Award (CLOA) granted under Comprehensive Agrarian Reform Act will be compensated at current market value at the time of land acquisition. In case of lands granted through Commonwealth Act No.141, otherwise known as "The Public Land Act", the Project will:

(i) FollowmodesofacquisitionenumeratedinRA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; or (ii) Follow the provisions under CA No. 141, as amended, regarding the acquisition of ROW on patent lands is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title.

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 non- government agencies or the community; and (ii) Cash compensation to cover the cost of reconnecting damaged facilities, such as water, power and telephone lines.

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

66 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 pro-rata to the affected area); and (iv)Cash compensation for fruit trees will be based on replacement cost.

Transportation Allowance or Assistance. For relocating APs, free transportation will be provided to APs to include informal settlers in urban centers 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

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.

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.

Gender key considerations. Regardless as to whether the designated household head is a man or a women, 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.

67 VIII. RELOCATION STRATEGY

A. Overview of Relocating Households

There are 227 households (1,022 persons) whose houses will be fully affected. Of these, 218 households or 96% will move back outside the ROW on unaffected residual land that they own or are permitted to use (such as land owned by a family member), and 4 households or 2% will self-relocate to another location using their compensation. There are 5 households (2%) who are landless and will relocate to a project resettlement site.

Table 35: Categories of AHs with Fully Affected Houses AHs with Severely Categories of AHs Location Affected Houses Relocate to Resettlement Site Move Back Self-Relocate Sibuco 57 1 54 2 Culaguan 35 1 33 1 Lunday 8 0 7 1 Puliran 14 0 14 0 Zambo City 170 4 164 2 Curuan 170 4 164 2 TOTAL 227 5 218 4 Percent 2% 96% 2%

All relocatees are eligible for livelihood restoration. There are 52 AHs with severely affected commercial structures who will either self-relocate or move back from the ROW. They are amongst the 94 business owners eligible for livelihood assistance aside from being entitled to (i) Income loss allowance commensurate with actual incomes loss, up to a maximum of P15,000, (ii) 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 AP will have to engage in a new income activity, and (iii) Transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business.

The commercial structures include small 94 sari sari stores (of light materials), 3 rice mills, 1 each of barbershop, billiards hall, car shop, and commercial space, and 9 employees. It is underscored that all these affected businesses and 9 employees are covered by the Livelihood Restoration Program (LRP) that has overlapping eligibilities such as being vulnerable, relocatees, and severely affected farmers. Through the LRP, they shall be encouraged to sell their own products, groceries or service stalls. 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.

Other forms of assistance that can be extended by the project are the provision of assistance to (i) seek alternative rental space to reestablish business, preferably within the same barangay or City/Municipality; and (ii) secure government soft loans that offer lower transaction costs and interest rates, and long term and flexible payment schedules, to enable self- rehabilitation.

68 B. Relocation Sites

The identified relocation site of Sibuco are situated in Barangay Culaguan while relocation site of Zamboanga City is located in Barangay Curuan. Based on a barangay resolution, the land will be awarded to the eligible APs for relocation purposes. (see Appendix 4.2 Barangay Resolution Awarding Lots to Eligible PAPs). Since, the resettlement sites are accessible and near the main road, construction of access road is unnecessary. Moreover, AHs will be responsible for building their houses using their compensations. There are two resettlement sites to be developed in Sibuco and Zamboanga City.

Figure 2: Map Showing Barangay Culaguan relocation site

69

Figure 3: Map Showing Barangay Curuan Relocation Site

New titles for resettlement site plots will be issued in the name of both spouses of an AH as recipients for resettlement site plots. Table 36 summarizes the details.

Table 36: Land Area to be Awarded to the relocating APs Municipality/Barangay No. of Land Awardees Plot Size/ AH (m2) Total Area of Resettlement Site (m2) Sibuco 1 100 100 Culaguan 1 100 100 Zambo City 4 100 400 Curuan 4 100 400 Total 5 100 500

C. Resettlement Site Description and Development Needs

The resettlement sites 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 37 provides an overview of the situation and development needs of the identified relocation sites.

Table 37: Description and Development of Relocation Sites Municipality/ City Barangay Site Description Development Needs Sibuco Culaguan • Accessible to electric/power • Clearing and Grubbing. connection. • Removal of Trees/Coconuts • Water source is a communal fresh water spring • Near the main road being

70 Municipality/ City Barangay Site Description Development Needs constructed. Zamboanga City Curuan • Accessible to electric/ power • Clearing and Grubbing and water. • Removal of Trees/Coconuts • Near the Barangay Hall, along • Embankment the Maria Clara Lorenzo • Minor cut and fill Lobregat Highway

The total development cost for the resettlement sites and plots is estimated to be Php 31,000. A breakdown of the site development costs in Sibuco and Zamboanga City is presented in Table 38.

Table 38: Site Development Cost Estimates Total Area of Plots to be Estimated Site Development Municipality/City Barangay Resettlement Site (m2) Awarded Costs (Php) Sibuco Culaguan 100 1 9,000 Zambo City Curuan 400 4 22,000 Total 500 5 31,00020

D. Implementation Arrangement

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.

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.

The LGUs of Zamboanga City and Sibuco, Zamboanga del Norte will provide land for relocation site, 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 site plots to the eligible APs, based on DPWH endorsement of the APs to the LGU to avail relocation site and assistance. DPWH is responsible for site development costs and has overall responsibility for construction quality according to plan.

E. Resettlement Sites Development Schedule

The preparation of the resettlement sites 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 27-30 May 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 site to be established. The timeline of remaining activities with indicative schedules is set out in the graph below.

20 Includes water and electricity reconnection service (Php 1,000/AH)

71

Table 39: Schedule to Development Resettlement Sites Responsible 2020 2021 Activity Agency Oct-Dec Jan-Mar Apr-Jun Construction 36 Months 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 * Clearing, levelling, drainage ** SP = Service provider

72 IX. LIVELIHOOD RESTORATION

A. LRP Eligibility and Strategy

The project livelihood restoration program (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.

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.21

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.

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.

There are 307 affected households who are eligible to participate in the LRP including 227 relocatees, 94 affected business owners, 9 employees, 22 severely affected farming households and 176 vulnerable AHs.22 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 307 AHs. Table 40 below shows the summary of all LRP beneficiaries and Appendix 12: List of LRP Eligible AHs provides the details.

Table 40: LRP Beneficiaries Affected Households Municipality/ Total Not Business Total Interviewed Barangay Relocatees Farmers Vulnerable Employees AHs Interviewed owners Instances Sibuco 57 15 9 46 0 127 76 57 19 Culaguan 35 6 2 29 0 72 40 33 7 Lunday 8 4 5 6 0 23 15 8 7 Puliran 14 5 2 11 0 32 21 16 5 Zambo City 170 79 13 130 9 399 231 186 45

21 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 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. 22 There are 3 AHs owning both affected stand-alone businesses as well as house-cum-shops.

73 Affected Households Municipality/ Total Not Business Total Interviewed Barangay Relocatees Farmers Vulnerable Employees AHs Interviewed owners Instances Curuan 170 79 13 130 9 399 231 186 45 Total 227 94 22 176 9 526 307 243 64 Percent 43% 18% 4% 33% 2% 100% 100% 79% 21%

B. Livelihood Restoration Study

A livelihood restoration study was simultaneously carried out with resettlement survey from 11-12 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.

A total of 64% (196 AHs) were interviewed out of 307 AHs with multiple instances of impacts - combined relocatees and vulnerables. About 55% of those interviewed are still ambivalent about potential sources of income after displacement, hence not yet decided. But 39% or 76 AHs said they would still draw their income/livelihood from the same source even after relocation in as much as their livelihoods were not significantly affected by the project. Ten AHs plan to rebuild the same business/shop in their new place of residence while 1 AH plans to start a new type of business/shop away from where they will live (e.g. rent space for shop) and another 1 AH wants to seek employment. Should those currently still undecided opt to relocate their businesses, DPWH shall provide transportation allowance. Table 41 shows the distribution of responses.

Table 41: Planned Income Source after Relocation Municipality/ Same livelihood - not Rebuild same Start new business Seek Not yet Total Barangay affected by project business elsewhere elsewhere employment decided Sibuco 18 2 1 0 25 46 Culaguan 16 2 1 0 11 30 Lunday 1 0 0 0 4 5 Puliran 1 0 0 0 10 11 Zambo City 58 8 0 1 83 150 Curuan 58 8 0 1 83 150 Total 76 10 1 1 108 196 Percent 39% 5% 1% 1% 55% 100%

Around 2.9% of AHs have expressed interest in vocational skills training for themselves or their spouses while 0.4% prefer training of a family member than self (Table 42). About 10.7% are not interested in attending any training. Some 86.0% 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.

74 Table 42: Interest in Vocational Training Municipality/ Yes – for Yes – for children of Not decided/ Not interested Total Barangay self/spouse working age No response Sibuco 1 1 7 48 57 Culaguan 0 1 3 29 33 Lunday 1 0 0 7 8 Puliran 0 0 4 12 16 Zambo City 6 0 19 161 186 Curuan 6 0 19 161 186 Total 7 1 26 209 243 Percent 2.9% 0.4% 10.7% 86.0% 100.0%

C. Available Programs and Support in the Project Area

A large number of existing livelihood programs in Zamboanga City and Sibuco, Zamboanga del Norte and are being provided by national agencies such as Department of Social Welfare and Development (DSWD), Office of the Presidential Adviser on the Peace Process (OPPAP); Department of Labor and Employment (DOLE), Technical Education and Skills Development Authority (TESDA), Department of Trade and Industry (DTI), Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).

The Municipality of Sibuco has a long list of skills and livelihood projects that were implemented since 2015 (Table 43), namely: Purchase of Foliar Fertilizer; Solar Electrification; Solar Electrification; Construction of Hanging Bridge; Special Housing Development Program (SHDP) Level II Spring Water Supply System and Bantay Bayan/Bantay Dagat to name a few.

Table 43: Skills and Livelihood Training in Sibuco No. of No. of Training Year Type of Skills/Livelihood Training Participants conducted 2015 Hardware 60 1 Motorcycle/ Small Engine Servicing NC II 60 1 Cookery NC II 62 1 Construction of Federation Building 250 1 2016 Housekeeping NC II 9 2 Carpentry NC II 11 3 Employment Facilitation- PEAF 7 1 Food Processing NC 50 1 Food Processing (Salting, Curing, Smoking, Fermentation 150 2 and Pickling) 2017 Rice and Corn Wholesale and Retail 30 1 Mini-Mart 70 1 Mini-Mart 118 5 Buy & Sell of Crops and Livestock 55 2 School Supply 30 1 2018 Meat Shop 30 1 Buy & Sell of RTW 30 1 Fishing 30 1 Banana Chips Production 30 1 Rice and Corn Enterprise 60 2 Fishing 60 2 2019 Corn Milling Enterprise 30 1 Dress Making 30 1 Source: DSWD Field Office

75

The City of Zamboanga on the other hand has list of skills and livelihood projects that were implemented since 2015, and these are provided in Table 44.

Table 44: List of Livelihood Program in Zamboanga City Year Type of Skills/Livelihood Training No. of Participants No. of Training conducted 2015 Hog Raising 198 6 2015 Livelihood for different Association 316 9 Beauty Care 9 1 Electrical Installation 7 1 2017 Food Processing 14 1 Housekeeping 5 1 Mini-Mart/ Grocery 150 5 2018 Rice Retailer 30 1 Source: DSWD Field Office

The Department of Social Welfare and Development (DSWD) is also 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.

Several skills training funded and implemented under DSWD SLP from 2015-2019 in Zamboanga City and Sibuco, Zamboanga del Norte.

D. Description of LRP Program Activities

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.

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.

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

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

76 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

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.

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.

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.

A summary of responsibilities to implement key LRP activities is presented below:

Table 45: LRP Activities and Responsible Group Activity Responsible • Creation of database of interested eligible households to reflect qualifications, Project Supervision job experience, skills and desired occupation. Consultant • Close coordination and establish linkages with the project contractors and LGU, Project Supervision consultants to recruit local laborers, especially the affected households, on a Consultant priority basis. • Establish and maintain linkages with training institutions for training of the LGU, Project Supervision affected household members to qualify for desired job positions. Consultant • Technical Advice and Pilot Models on Small Business/Service LGU, Service Provider

F. LRP Cost Estimates

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 PhP 5,065,500 (99,446 USD) for the 307 AHs requiring LRP assistance.

77 Table 46: Cost Estimate for Livelihood Restoration Program Total amount (PhP) No. Activity Unit Quantity Unit Price PhP USD A. Vocational/ Entrepreneurial/ Other training courses Interviewed AHs trainee 243 15,000 3,645,000 71,559 B. Others AHs who were not interviewed trainee 64 15,000 960,000 18,847 TOTAL 307 15000 4,605,000 90,406 Contingency budget of 10% 460,500 9,041 GRAND TOTAL 5,065,500 99,446

G. LRP Implementation Schedule

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 47). The Project Supervision Consultants will assist in the continuous implementation of the LRP and will provide back-stop support as and when necessary.

Table 47: LRP Implementation Schedule Responsible 2020 2021 2022 Activity Agency 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, Coordination/MOA with agencies on LRP others Implementation of LRP (2 cycles) Monitoring of LRP DPWH

H. Monitoring and Evaluation

Monitoring and evaluation will be undertaken to assess the implementation and effectiveness of the LRP to restore and improve livelihoods and household income levels. LRP will be subject to both internal and external monitoring as described below.

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 quarterly basis.

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. 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

78 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.

X. RIPP BUDGET

The budget for RIPP Implementation of PR12 subproject is PhP 107,225,149 (USD 2,124,532) 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.

DPWH is also required to meet a number of land transaction costs, including Capital Gain Tax (6%), documentary stamp (1.5%), Cost of Registration, and a transaction cost (10% of Land Bureau of Internal Revenue Zonal Value).

The budget for RIPP implementation was updated based on DPWH validation for loss of land, structures, crops and trees for PR12. Table 48 shows the details of the budget to implement this RIPP.

Table 48: Budget for RIPP Implementation Unit Amount Amount Affected asset Unit Total Price (PhP) (USD) 1. Land (76 HHs) 1.1 Agricultural (70 HHs) m² 126,249 variable 14,095,620 279,287 1.2 Residential (7 HHs) m² 36,023 variable 9,005,750 178,438 1.3 Others (public land, road, etc.) m² 500,148 variable - - Subtotal 23,101,370 457,725 2. Structures (299 HHs) 2.1 Purely Residential # 194 variable 26,805,613 531,120 2.2 Residential Commercial # 45 variable 9,258,195 183,440 2.3 Commercial Only (sari-sari store, etc.) # 56 variable 3,153,221 62,477 2.4 Bench/Chair/Plant box/Stairs # 9 variable 47,639 944 2.5 Bridge/Canal/Irrigation/Riprap # 9 variable 164,732 3,264 2.6 Chapel/Church/Mosque # 2 variable 317,906 6,299 2.7 Cooking/Laundry Area/Septic/Toilet # 42 variable 740,147 14,665 2.8 Deep well/Faucet/Pump/Water tank # 3 variable 30,450 603 2.9 Directory/Landmark # 1 variable 3,906 77 2.1 Dryer/Flooring/Pathway # 107 variable 1,527,195 30,259 2.11 Fence/Garage/Gate/Wall # 52 variable 1,055,499 20,913 2.12 Shed/Waiting Shed # 21 variable 447,710 8,871 2.13 Storage/Stock house/Warehouse # 15 variable 828,457 16,415 2.14 Barangay Properties # 29 variable 618,032 12,246 2.15 School Properties # 24 variable 296,425 5,873 2.16 Others (chicken coop, pigpen, rest house, etc.) # 27 variable 496,752 9,843 Subtotal 45,791,879 907,309 3. Trees & Crops 3.1 Trees (76 HHs) # variable 6,929,992 136,050 3.2 Crops (76 HHs) m² variable 2,256,011 44,290 Subtotal 9,186,003 180,340

79 Unit Amount Amount Affected asset Unit Total Price (PhP) (USD) 4. Other Entitlements 4.1 Inconvenience allowance HH 227 10,000 2,270,000 44,977 4.2 Transportation allowance HH 27* 5,000 135,000 2,675 4.3 Income loss (business owners) HH 101 15,000 4,545,000 90,053 4.4 Income loss (employees)** HH 9 6,444 58,000 1,149 Subtotal 7,008,000 138,855 5. Other Assistance 5.1 Capital Gains Tax (6%) 1,386,082 27,463 5.2 Documentary Stamp Tax (1.5%) 346,521 6,866 5.3 Transfer Tax (75% of 1% of the Selling Price) 173,260 3,433 5.4 Cost of Registration (PhP40,000/transaction) 280,080 5,549 Subtotal 2,185,943 43,312 6. Livelihood Restoration Program Skills Training and Development Activities (227 6.1 relocatees, 94 business owners, 22 farmers, 176 HH 307 15,000 5,065,500 100,367 vulnerable and 9 employees- multiple indicators) Subtotal 5,065,500 100,367 7. Relocation and Resettlement Determined by DPWH & LGU and covered under 7.1 HH 4 variable 31,000 614 regular budgets Subtotal 31,000 614 RIPP Administrative Costs (5% of Direct Costs: 1-7) 4,618,485 91,510 External Monitoring (Php1,000,000 per SP) 1,000,000 19,814 Cost contingencies (10% of Direct Costs: 1-7) 9,236,969 183,019 TOTAL 107,225,149 2,124,532 * Most of the severely affected house and business owners will move back from. Thus, only 27 AHs (9 relocatees and 18 business owners) are entitled for transportation allowance.

**The average monthly salary of employees is PhP 3,222.22. Unit price is 2 months salary

80 XI. INSTITUTIONAL ARRANGEMENT

A. Current DPWH Capacities on Social Safeguards

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

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

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.

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.

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.

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;

81 (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 quarterly 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

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.

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

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;

82 (v) Receive complaints and grievances from APs and other stakeholders and act accordingly; (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.

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 13: MOUs in the Creation of Resettlement Implementation Committees).

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.

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.

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

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.

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

83 compliance with ADB SPS as well as more detailed aspects related to implementation, grievance redress, monitoring and reporting.

D. Implementation Schedule of the RIPP

Table 49 below summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RIPP.

Table 49: Implementation Schedule Responsible 2020 2021 2022 2023 Activity Agency 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 Issuance of Offer Letter DPWH 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, Coordination/MOA with agencies on LRP 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

84 XII. MONITORING AND EVALUATION

A. Monitoring Arrangements

214. 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

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.

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.

85 The tasks of the IMA are to:

(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.

The suggested internal monitoring indicators, to be disaggregated by gender, ethnicity and vulnerability, as applicable, are presented in Table 50.

Table 50: Suggested Internal Monitoring Indicators Monitoring Suggested indicators parameters Resettlement

• Consultations organized as scheduled including meetings, groups, and community activities. • Knowledge of entitlements by the APs/IPs. Consultation and • Use of the grievance redress mechanism by the APs/IPs. Grievances • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Implementation of special measures for customary communities.

• 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. Communications • Number of meetings exclusively with vulnerable groups. and Participation • 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.

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

86 Monitoring Suggested indicators parameters and any resettlement allowances, according to schedule. • Quality of new plots and issuance of land titles. • Restoration of social infrastructure and services. • 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. • 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 Budget and Time against the agreed implementation plan. Frame • 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. • 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. Livelihood • Extent of participation in vocational training programs. Restoration • 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 • 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. Benefit Monitoring • 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 • The numbers of IPs/ICCs by category of impact, gender, age, village, income, and status Demographic • Number of female headed households baseline • Number of vulnerable households (poor, elderly, disabled) • Number of households by IP/ICC group • Number of births and deaths • Number of consultation and participation activities that occur - meetings, information dissemination, brochures; flyers, training Consultation and • Percentage of IP women as participants; number of meetings exclusively with IP participation women • Percentage of vulnerable members of IPs/ICCs / attending meetings; number of

87 Monitoring Suggested indicators parameters meetings exclusively with vulnerable IPs/ICCs • Languages used at meetings • Good faith negotiations—recording of process, participants, locations, correspondence • Broad community support—record of processes, participants, locations and agreement obtained • Consultation and participation progress against plan and budget • Progress of implementation of mitigation / beneficial measures against plan Number of activities that occur/completed—such as construction, livelihood restoration, disbursements, training Mitigation measures • Percentage progress against timelines and budget • Identify and address any unanticipated impacts and impacts caused by the contractor during construction. • 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? Grievance redress • 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 • Identified delays - (days, cost) due to personnel, capacity, insufficient funds, etc. problems • Number of times implementation schedule revised

4. External Monitoring

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.

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;

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

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.

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.

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.

The suggested external monitoring indicators are shown in Table 51.

Table 51: Suggested External Monitoring Indicators Monitoring Indicators Basis for Indicators 1. Basic information of • Location AP/IP households • 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 • Were house compensation payments made free of depreciation, fees or standards 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?

89 Monitoring Indicators Basis for Indicators 3. Restoration of • Were compensation payments free of deduction for depreciation, fees or Livelihoods 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 • Were the APs/IPs and their assets correctly enumerated? Resettlement Planning • 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?

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,

90 resources and reporting of EA and IA to completely resolve the remaining/outstanding issues (if any).

B. Reporting and Disclosure

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.

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 14: 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.

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.

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.

91 APPENDICES

Appendix 10: Final Scope of Works for Tendering of Non-Core Appendix 11: DPWH Letter on 20m ROW limit Appendix 12: DPWH Validated entitlements for land, structures, crops and trees within 20m ROW limit Appendix 13: Samples of Barangay Resolutions Appendix 14: Certificate of Non-Overlap Appendix 15: Results of Socioeconomic Survey Appendix 16: Documentation of First Consultation Meetings: Draft RIPP Preparation Appendix 17: Documentation of Second Consultation Meetings: Draft RIPP Preparation Appendix 18: Minutes of DPWH Validation and Disclosure Activity Appendix 19: FBI Report on PR12: Curuan-Sibuco Road Appendix 20: PIB in Local Language Appendix 12: List of LRP Eligible AHs Appendix 13: MOUs in the Creation of Resettlement Implementation Committees Appendix 14: Draft Template of Semi-annual Monitoring Report

92