Resettlement Plan
February 2020
Philippines: Epifanio de los Santos Avenue Greenways Project
Cubao Station
Prepared by Department of Transportation for the Asian Development Bank.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of 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 judgments as to the legal or other status of any territory or area. CURRENCY EQUIVALENTS
(As of 30 January 2020; Central Bank of the Philippines) Philippine Peso (PhP) (51.010) = US $ 1.00
ABBREVIATIONS
ADB Asian Development Bank AH Affected Household AO Administrative Order AP Affected Persons BIR Bureau of Internal Revenue BSP Bangko Sentral ng Pilipinas CA Commonwealth Act CGT Capital Gains Tax CAP Corrective Action Plan COI Corridor of Impact DA Department of Agriculture DAO Department Administrative Order DAR Department of Agrarian Reform DAS Deed of Absolute Sale DBM Department of Budget and Management DDR Due Diligence Report DED Detailed Engineering Design DENR Department of Environment and Natural Resources DILG Department of Interior and Local Government DMS Detailed Measurement Survey DO Department Order DOD Deed of Donation DOTr Department of Transportation DPWH Department of Public Works and Highways DST Documentary Stamp Tax EA Executing Agency EJS Extra Judicial Settlement EM Entitlement Matrix EMP Environmental Management Plan EO Executive Order FS Feasibility Studies GFI Government Financial Institution GOP Government of the Philippines GRM Grievance Redress Mechanism HH Household Head HLURB Housing and Land Use Regulatory Board HUDCC Housing and Urban Development Coordinating Council IA Implementing Agency IEC Information, Education, and Communication IMA Internal Monitoring Agent IOL Inventory of Loss IPA Independent Property Appraiser IR Involuntary resettlement IRR Implementing Rules and Regulations ISF Informal Settler Family LA Land Acquisition
ii LAP Land Acquisition Plan LGU Local Government Unit LMB Land Management Bureau LRA Land Registration Authority, an agency under the Department of Justice MC Memorandum Circular MMDA Metro Manila Development Authority MOA Memorandum of Agreement MOU Memorandum of Understanding NEDA National Economic and Development Authority NGO Non-Government Organization NHA National Housing Authority NoT Notice of Taking OCT Original Certificate of Title PCM Public consultation meeting PD Presidential Decree PhP Philippine Peso PIB Public Information Booklet RA Republic Act RAP Resettlement Action Plan RCS Replacement Cost Study RIC Resettlement Implementation Committee RROW Road Right-of- Way ROWSAM Right-of-Way and Site Acquisition Manual RP Resettlement Plan RPT Real Property Tax SA Social Assessment SES Socioeconomic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement TCT Transfer Certificate of Title TOR Terms of Reference USD United States Dollar VLD Voluntary land donation
iii DEFINITIONS OF TERMS
Affected persons Refers to entities (Government, private individual and (APs)/ Households corporate) and vendors, ambulant or semi-sedentary, who are (AHs) displaced (physical or economic) as result of project impacts. Ambulant vendors Ambulant vendors are either itinerant or semi-static. Itinerant vendors are those who go around shouting their wares while semi-static ones are those who are semi-fixed positions but may move about as the situation necessitates (Nario, Jasmin Galace, 2000). 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. Cut-off date Cut-off date for land-taking will be set on the first day of census undertaken as part of the of RP preparation after both the project approval by the IA and Detailed Engineering Design. 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 (DPs) are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas (ADB IR Source Book, 2012). Donation Donation is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it. [Art 725, New Civil Code (NCC)] Economic Loss of land, assets, access to assets, income sources, or displacement means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Eligibility Refers to any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised. Such as transaction costs, interest, on loss of residual land, loss of income sources or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance).
iv 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. Expropriation The power of eminent domain is an inherent and indispensable power of the State. Also called the power of expropriation, it is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method a compulsory sale to the State. Expropriation is the least favorable mode of acquisition for public usage of land as it is based on active compulsory dispossession of private citizens of their significant asset. It represents, and should be the last resort. Expropriation is mandated if a negotiated sale is not feasible. Livelihood restoration This involves re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012). Inconvenience It is the compensation amount given to each AP who are allowance classified as any of the following vulnerable groups: poor (based on the poverty income threshold), elderly and single women-headed households, and persons with disabilities.
Inventory of loss The listing of assets as a preliminary record of affected or lost assets during the preparation of the RP where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the Subproject boundaries are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. 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 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)
v 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 consultation A process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. 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 affected structure or improvement with a similar asset based on current market prices. (IRR, RA 10752) Resettlement Plan The social safeguard document that contains the policies and guidelines and time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation. Severely affected Those APs who stand to lose 10% or more of their productive persons asset (income generating). Vulnerable groups Vendors who might suffer disproportionately or face the risk of being marginalized by the effects of the project specifically include: poor (based on the poverty income threshold), elderly, woman headed household, homeless, and persons with disabilities.
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TABLE OF CONTENTS CURRENCY EQUIVALENTS ...... ii ABBREVIATIONS ...... ii DEFINITIONS OF TERMS ...... iv TABLE OF CONTENTS ...... vii LIST OF TABLES ...... ix LIST OF FIGURES...... ix EXECUTIVE SUMMARY ...... x I. PROJECT DESCRIPTION ...... 1 A. Background ...... 1 B. Description of the Subproject ...... 1 C. Civil Works to be Conducted...... 3 D. Measures Adopted to Minimize Involuntary Resettlement Impacts ...... 3 E. Anticipated Social Safeguards Impacts ...... 3 F. Rationale for This Resettlement Plan ...... 4 II. SCOPE OF IMPACTS ...... 4 A. Data Sources on Project Impacts and Replacement Costs ...... 4 B. Project Impacts ...... 4 1. Affected Households...... 5 2. Loss of land ...... 5 3. Loss of Structures ...... 6 4. Loss of Trees ...... 6 5. Loss of Business Income ...... 6 6. Increased Vulnerability ...... 7 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ...... 7 A. Quezon City and Affected Barangays ...... 7 B. Affected Persons ...... 11 C. Perceptions of AHs About the Project ...... 13 IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE ...... 14 A. Consultation and Participation ...... 14 1. Consultation Under the DOTr-Right-of-Way Site Acquisition Manual (ROWSAM) 15 2. Consultations at Preparation Stage ...... 17 3. Parallel Undertakings by Major Corporations Around the Area ...... 19 B. Disclosure ...... 20 V. GRIEVANCE REDRESS MECHANISM ...... 20 VI. LEGAL AND POLICY FRAMEWORK ...... 21 A. Relevant Laws and Regulations in the Philippines ...... 21 B. ADB Policies ...... 34 C. Gap Analysis ...... 36 D. Project Policies ...... 43 1. Voluntary Land Donation ...... 44 2. Expropriation ...... 45
vii VII. COMPENSATION, ASSISTANCE, AND VALUATION ...... 46 A. Affected Persons and Eligibilities ...... 46 B. Entitlements ...... 47 C. Valuation and Replacement Costs...... 49 1. Compensation for Land ...... 50 2. Compensation for Structures and Improvements ...... 50 3. Compensation for Trees ...... 50 4. Relocation of Public Utilities ...... 50 5. Temporary Impacts to Property ...... 51 6. Other Types of Assistance or Entitlements ...... 51 D. Livelihood Improvement Program: Special Assistance for Vulnerable APs ..... Error! Bookmark not defined. VIII. RP BUDGET ...... 56 IX. INSTITUTIONAL ARRANGEMENTS ...... 57 A. Implementation Arrangements ...... 57 1. DOTr ...... 57 2. Interagency Coordination ...... 58 B. Capacity Building ...... 58 C. RP Implementation Schedule ...... 58 X. MONITORING AND EVALUATION ...... 59 A. Monitoring Arrangements: Internal Monitoring ...... 59 B. Reporting and Disclosure ...... 61 APPENDICES ...... 62 Appendix 1. List of APs By Loss Type ...... 62 1. APs with Land Loss ...... Error! Bookmark not defined. 2. APs with Business Loss ...... Error! Bookmark not defined. 3. APs with Increased Vulnerability ...... Error! Bookmark not defined. Appendix 2. Socioeconomic Data for Quezon City ...... 63 Appendix 3. Tabular Results of the May 2019 Socioeconomic Survey of AHs ...... 67 Appendix 4. Documentation of Consultations ...... Error! Bookmark not defined. Appendix 5. Project Information Sheet ...... 86 Appendix 6. Sample Terms of Reference for Appraisal Services ...... 92 Appendix 7. Template for Quarterly Monitoring Report ...... 96
viii LIST OF TABLES Table 1: Cubao Station Covered Barangays ...... 2 Table 2: Summary of Impacts ...... 5 Table 3: Details on Affected Lands of Three Private Corporate Landowners ...... 5 Table 4: Summary of Impacts on Public Structures ...... 6 Table 5: Estimated No. of Population and Growth Rate by Affected Area, 2015 ...... 7 Table 6: Estimated No. of Population, HH, and Average Household Size, Land Area and Population Density, 2015 ...... 8 Table 7: Spousal Violence by Background Characteristics (NCR) ...... 11 Table 8: Project Positive Impacts Cited ...... 13 Table 9: Project Negative Impacts Cited ...... 14 Table 10: Project Acceptability ...... 14 Table 11: Issues and Concerns Raised by AHs ...... 17 Table 12: Gap-Equivalence Matrix of National Laws with ADB SPS 2009 ...... 36 Table 13: Compensation and Entitlement Matrix ...... 47 Table 14: RP Budget ...... Error! Bookmark not defined. Table 15: RP Resettlement Schedule ...... 59 Table 16: Suggested Internal Monitoring Indicators ...... 60
LIST OF FIGURES Figure 1 – Cubao Station Relative to Manila Railway Lines ...... 2 Figure 2 – Proposed Footbridge and Landing Scheme Along Cubao Station ...... 4 Figure 3 – Ambulant vendors and their goods on display along footbridges ...... Error! Bookmark not defined.
ix EXECUTIVE SUMMARY
1. Project Background. The Epifanio de los Santos Avenue (EDSA) Greenways Project aims to enhance the pedestrian connectivity and facilities around four specific rail stations along EDSA. These are Balintawak Station, Cubao Station, Guadalupe Station, and Taft Station. This Resettlement Plan addresses Cubao Station.
2. The Department of Transportation (DOTr) and the Asian Development Bank (ADB) are currently processing a proposed loan package, Philippines: Metro Manila Transport Project, Phase 1. The project impact is improved local, national, and international connectivity and promotion of sustainable development and resiliency as aligned with the Philippine Development Plan (2017–2022, NEDA). Project outputs are: (i) Pedestrian facilities improved; and (ii) institutional capacities developed.
3. Measures Adopted to Minimize Involuntary Resettlement Impacts. The Cubao Station project alignment shall follow the existing alignment thereby minimizing triggers on involuntary resettlement. Temporary use of land during construction will strategically be located to minimize impacts and shall be addressed in the Environmental Management Plan (EMP).
4. Anticipated Social Safeguards Impacts. The following activities will result to involuntary resettlement impacts: (i) construction of elevated walkways or viaducts will require landings for escalators/stairs/ elevators as well as land for the support columns; (ii) clearing of the right-of-way (ROW) will be necessary to maximize use for the overall project; and (iii) construction along existing operating roads shall require temporary land takes / occupation. Resettlement impacts are: (i) permanent loss of land, largely from public lands and private- corporate, (ii) permanent damage to community structures and trees, (iii) temporary loss of access to business establishments during construction works, (iv) physical displacement of ambulant vendors to alternative selling sites and displacement of 1 homeless individual, and (v) disruption of city services due to required relocation of electric posts.
5. Rationale for This Resettlement Plan. The EDSA Greenway Project is deemed to be Category B, and is prepared in order to ensure that that livelihoods and standards of living of economically and/or physically displaced persons are improved, or at least restored to pre- project levels and that the standards of living of the displaced poor and other vulnerable groups are improved, not merely restored, by providing adequate housing, security of land tenure and steady income and livelihood sources.
6. Project Scope of Impacts. The project will require a total of 5,417 sqm of land, of which 39% (2,110 sqm) will be permanent in nature and 61% (3,307 sqm) temporary during construction. Around 102 public structures will be affected of which 65% or 66 units are electric posts, the rest being plant boxes, streetlights, signages and the like. The losses will result to disruption of services especially as regards electricity. There are 2 affected trees that are publicly owned, located along sidewalks of the station. There are 98 informal businesses that will be affected belonging to ambulant vendors or 98 AHs.
7. Affected public lands and other assets are not a subject matter of this RP as these are to be acquired according to the government's inter-departmental transactions. Any privately- owned land and non-land assets that will be affected by the project will be compensated at replacement cost. Affected trees, public or privately owned as well as temporary disturbance/impacts shall be addressed through the project Environmental Management Plan (EMP).
8. As such, a total of 98 affected vendors will be impacted by the project, mostly ambulant vendors, 19 of whom are deemed vulnerable including one homeless person.
x
9. Socio-Economic Profile of the Affected Areas. The socio-economic profile of Quezon City and affected barangays are provided, and surveys have been conducted on AHs except for the three (3) private-corporate landowners.
10. Consultation, Participation and Disclosure. Consultations and disclosure activities were conducted in 09 May 2019 for AHs for directly affected stakeholders and 16 May 2019 for ambulant vendors/hawkers, the vulnerable sector, institutional stakeholders as well as private landowners. A recent forging of a memorandum of agreement between DOTr and private corporations like SM Prime Holdings and Ayala Corporation for the Common Station in Quezon City signifies public-private sector cooperation. The corporations have financially contributed to the Common Station project and have allowed use of vacant/parking spaces. Gender relations and gender issues were identified during these consultative undertakings and Project Information Sheets were produced and disseminated.
11. DOTr shall submit the following documents for disclosure on ADB’s website: (i) This RP as endorsed by DOTr; (ii) Updated RP upon a) finalization of the detailed engineering design, b) completion of independent appraiser, and c) DOTr validation; as endorsed by DOTr; (iii) Any due diligences and corrective action plans prepared during project implementation, if needed; and (iv) Quarterly monitoring reports.
12. Grievance Redress Mechanism (GRM). A GRM has been crafted to allow appeals against any disagreeable decision, practice or activity arising from land or other assets acquisition. APs were fully informed during consultations and through the PIB of their rights and of the procedure for addressing grievances. Complaints and grievances relating to any aspect of entitlements and/or activities, including the determined area and price of the lost assets, will be addressed. The DOTr hotline was similarly promoted to immediately address grievances.
13. Legal Framework. This RP is anchored upon the legal provisions of Government as well as ADB’s Safeguard Policy Statement (SPS) (2009). With the approval of Republic Act 10752 in 2016, the policies of the Government to acquire land, improvements, crops and trees at current market value has significantly improved as compared to RA 8974. Other relevant laws as enabling mechanisms are presented to cover the concerns of this RP. A gap- equivalence analysis was prepared in order to arrive at gap-filling measures and ultimately spell out the Project resettlement policies. Donation under this project may be an option to negotiated sale and follow provisions of this RP.
14. Compensation, Assistance and Valuation. Based on the legal framework, project compensation and entitlements were established, affected persons and eligibilities defined, and cut-off date set as follows: (i) For informal settlers and/or the vulnerable sector, the cut- off date is set on the beginning date of the census and tagging which is 19 May 2019, the start of the social surveys to determine losses. The cut-off date was publicly disclosed during the stakeholder consultation meeting on 17 May 2019; and (ii) For the formal property owners, the date of the Notice of Taking shall be the cut-off date.
15. Income sources and livelihoods of the 98 vendors will be restored to pre-project levels and DOTr shall ensure to improve the incomes of the 19 vulnerable vendors so that they can benefit from the project, such as livelihood improvement Program in the form of rehabilitation assistance and skills training, and access to shelter program for the 1 homeless person.
16. Gender Strategy. This RP adopts ADB's policy on gender and development and the Philippine Magna Carta for Women (RA 9710) towards gender mainstreaming. Measures have been developed to ensure women’s meaningful participation.
xi 17. Resettlement Budget. The resettlement budget is PhP 36,712,803 (USD 716,222) and will be funded by the Government of the Philippines.
18. Institutional Arrangements. The Executing Agency is the DOTr. Within DOTr, the ROWSA (Right-of-Way and Site Acquisition) works will be under the Office of the Undersecretary for Road Transport and Infrastructure specifically the Greenways Project Management Office (Greenways PMO) that includes compliance with policies outlined in this RP towards full implementation.
19. As the implementing agency, DOTr will coordinate with other entities in operationalizing this RP. Other relevant government agencies may be tapped to provide livelihood rehabilitation program, including Technical and Skills Development Authority (TESDA), and the Department of Social Welfare and Development (DSWD) and other agencies with related programs and experience.
20. DOTR Capacity Building. In order to realize the implementation of this RP, the ESR Division will require capacity development on the provisions of this RP, as well as the overall ADB SPS (2009).
21. Resettlement Schedule. Civil works for the project is planned for the 3rd quarter of 2020. Road clearing and subsequent civil works on encumbered land may only commence when RP activities have satisfactorily been completed for these encumbered lands, agreed rehabilitation assistance is in place, and that the site is free of all encumbrances. A detailed schedule is provided.
Activities Schedule Preparation of Draft RPs 4th Qtr 2019 DOTr concurrence of draft RP; ADB approval of draft RP 4th Qtr 2019 RP updating / DED 2nd Qtr 2020 Submission to and ADB concurrence of updated RP 2nd Qtr 2020 Payment of compensation 2nd Qtr 2020 Implementation of income restoration program 2nd Qtr 2020 to project Internal monitoring (submission of quarterly monitoring reports) completion 3rd Qtr 2020 to project Commencement of civil works completion
22. Monitoring and Evaluation. The DOTr Greenways PMO will serve as the Project's internal monitoring body on resettlement and as such, quarterly monitoring reports will be prepared and submitted to DOTr management starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. Suggested internal monitoring indicators, to be disaggregated by gender and vulnerability are provided. The DOTr management in turn will submit the quarterly monitoring reports to ADB for review and uploading onto the ADB website.
23. DOTr shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RP, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the AHs and posted at a location commonly agreed with AHs and local government leaders.
xii I. PROJECT DESCRIPTION
A. Background
24. The construction of footbridges around Metro Manila is part of a concerted effort to reduce conflicts between vehicles and pedestrians. Metro Manila Development Authority (MMDA) has stressed that one of the principal causes of worsening congestion is jaywalking. This, among other conflicts along busy roads and intersections, has been the key impetuses for planning and constructing elevated footbridges with a goal to improve pedestrian safety.
25. It is envisaged that Metro Manila shall be transformed into a walkable city with a Greenway pedestrian network that is convenient, accessible, safe, comfortable and attractive. As such, the project goals are:
• To provide continuous and direct routes to major destinations and bus/ jeepney stops within 800m of rail stations • To offer a comfortable and attractive pedestrian environment, adaptable to accommodate future demands • To make the streets safer for pedestrians by providing dedicated elevated walkways and reducing pedestrian vehicle conflicts • To be accessible to all ages and abilities
26. Enhancement of the pedestrian environment is an urgent need to better integrate public transport interchange and link facilities. The planned interchange includes the urban rail network, such as the impending expansion of elevated Light Rail Transit or Metro Rail Transit (LRT/MRT) line of Manila and the Metro Manila Subway (MMS); various public vehicle terminals and Bus Rapid Transit (BRT) proposals. The wider implication of improving pedestrian connectivity around key public transport hubs is better integration of modes and station functionalities, making public transport more attractive and encouraging modal shift from private vehicles to the public transport network.
B. Description of the Subproject
27. The Epifanio de los Santos Avenue (EDSA) Greenways Project aims to enhance the pedestrian connectivity and facilities around four specific rail stations along EDSA: Balintawak Station, Cubao Station, Guadalupe Station, and Taft Station. This study will focus on Cubao Station. The project impact is, improved local, national, and international connectivity and promotion of sustainable development and resiliency as aligned with the Philippine Development Plan (2017–2022, NEDA). Project outputs are: (i) Pedestrian facilities improved; and (ii) institutional capacities developed.
28. Output 1: Pedestrian facilities improved. Improved pedestrian and interchange facilities between public transport services, the surrounding catchment areas and new transport infrastructure will ensure the attractiveness of public transport and maintain a suitable mix of transport modes. Pedestrian access or greenways will be provided at key locations along EDSA to ensure smooth, safe, and efficient access between the major developments and the EDSA corridor. The pedestrian facilities will link each main mode of transport with the surrounding areas via dedicated facilities to accommodate the pedestrian volumes. The output will include bus stop and station infrastructure program development linking to the pedestrian walkways. Access to the MRT-3 and LRT-1 stations will also be improved through additional entry/exit locations, direct and convenient (mechanized where necessary) links to surrounding areas, buildings, and shopping malls. Particular attention will be given to ensure suitable design features for the mobility impaired, women, elderly, and the youth. This output is likely to form one of the core projects for early delivery under the proposed loan.
29. Output 2: Institutional capacities developed. Clear and well defined institutional structures will be prepared that will provide the necessary oversight and operational management and operations of facilities. The output will also include a communication and outreach program for those directly or indirectly affected by the project. Women's participation in both management of the pedestrian system and the outreach activities will be promoted.
30. Project Location. The Project is located at the long stretch of EDSA, National Capital Region (NCR), traversed by the Manila Metro Rail Transit, specifically Quezon City in the four barangays of E. Rodriguez, Immaculate Concepcion, San Martin de Porres and Socorro. Figure 1 shows the project location.
Figure 1 – Cubao Station Relative to Manila Railway Lines
Table 1: Cubao Station Covered Barangays City Barangay Quezon City Bgy. E. Rodriguez Bgy. Immaculate Concepcion Bgy. San Martin de Porres Bgy. Socorro
2 C. Civil Works to be Conducted
31. Typical sizing and configuration for elevated pedestrian viaducts highly depend on the location and site-specific conditions. However, the elevated viaducts will require landings for escalators/stairs/elevators as well as land for the support columns. Construction over existing operating roads could also require temporary land takes / occupation. Direct linkages to nearby buildings, travelators and cycling facilities may also be implemented.
32. Specifications for footbridges are as follows:
• Width – 5.0m • Walk Area – 4.0m wide • Height – Minimum 5.33m over the roadway • Footpath Width – 4.0m (including 1.5m column, 0.5m buffer and 2.0m for utility poles and pedestrians) • Additional width for wider footpath taken from roadway or existing sidewalk
33. For the landings, 1 stairwell is necessary and 1 lift for PWD access. Land acquisition will be required for landings.
34. Typical requirements for construction are:
• 6.0m x 30m works area for foundation / piles • 1.5m temporary footpath • Requirements may be relaxed at specific locations if footbridge narrower than 5.0m or alternate traffic / footpath arrangements made • Zone required on Day One and for 24 hours / 7 days per week
35. Figure 2 provides the layout of the proposed improvements for Cubao Station.
D. Measures Adopted to Minimize Involuntary Resettlement Impacts
36. The project alignment shall follow the existing alignment thereby minimizing triggers on involuntary resettlement. Temporary use of land during construction will strategically be located to minimize impacts and addressed in the EMP.
E. Anticipated Social Safeguards Impacts
37. The following activities will result to minimal involuntary resettlement impacts as qualified under scope of impacts: (i) construction of elevated walkways or viaducts will require landings for escalators/stairs/ elevators as well as land for the support columns; (ii) clearing of the ROW will be necessary to maximize use for the overall project; and (iii) construction along existing operating roads shall require temporary land takes / occupation. The impacts are:
(i) permanent loss of land, largely from public lands and private-corporate (ii) permanent damage to community structures and trees, (iii) temporary loss of access to business establishments during construction works, (iv) physical displacement of ambulant vendors to alternative selling sites and displacement of 1 homeless individual, and (v) disruption of city services due to required relocation of electric posts.
3 Cubao Landing No. Latitude Longitude 1 14.623417 121.049585 2 14.622045 121.051002 3 14.621826 121.051099 4 14.620277 121.050929 5 14.621860 121.050409 6 14.619741 121.050672 7 14.617628 121.052180 8 14.623730 121.049353 9 14.623600 121.048924 10 14.621604 121.049841 11 14.621273 121.049981 12 14.621517 121.050494 13 14.617433 121.051830 S 14.620055 121.050606 Figure 2 – Proposed Footbridge and Landing Scheme Along Cubao Station
F. Rationale for This Resettlement Plan
38. The EDSA Greenway Project is deemed to be Category B. This Resettlement Plan is prepared in order to ensure that livelihoods and standards of living of affected persons are improved or at least restored to pre-project levels and that the standards of living of the displaced poor and other vulnerable groups are improved, not merely restored, by providing adequate housing, security of land tenure and steady income and livelihood sources. The objectives will be realized in accordance with the appropriate and applicable Philippine laws, policies and/or guidelines and the ADB Safeguards Policy Statement (2009).
II. SCOPE OF IMPACTS
A. Data Sources on Project Impacts and Replacement Costs
39. The project impacts were identified through the following activities: (i) referencing tax and google maps with overlays of project schemes (ii) traverse of affected areas, and (iii) consultations (includes focus groups discussions and key interviews) with affected sectors and barangay local government all conducted from October 2018 to May 2019 in order to identify the magnitude of resettlement impacts.
B. Project Impacts
40. The summary of impacts is provided in Table 2 (details in Appendix 1) and it can be gleaned that to date, only land acquisition and temporary impacts on land have preliminarily been identified along with affected structures. Initial scoping for permanent land acquisition resulted to a total of 2,110 m2 and for temporary impacts largely during construction works, affected area amounted to 3,307 m2. Temporary disturbance/impacts shall specifically be addressed through the project EMP. A total of 102 structures have been identified and these mostly are electric posts (66), street light (19), and plant boxes (13).
4 Table 2: Summary of Impacts Loss Category Unit Number Total affected vendors AP 98 m² 2,110 Loss of land Unit 14 m² 460 Affected private corporation/institution Unit 3 m² 1650 Affected government/public land Unit 11 Affected community structures Unit 102 Affected fruit/forest trees Unit 2 Affected business income (ambulant vendors) AP 98 Affected ambulant vendors AP 98 Temporary construction area m² 3,307 Landings m² 422 Alignments m² 2,885 Affected business establishments Unit 60 Vulnerable Vendors AP 19 Elderly >60 AP 4 Woman headed household AP 18 Homeless/street person AP 1
1. Affected Vendors
41. Cubao Station has 98 affected vendors and three private corporations affected. Ambulant vendors in the country are either itinerant or semi-static. Itinerant vendors are those who are mobile, selling their wares while semi-static ones are those who are semi-fixed positions but may move about as the situation necessitates.1
2. Loss of land
42. Cubao Station will need a total of 5,417 sqm of land, of which 39% (2,110 sqm) will be permanent in nature and 61% (3,307 sqm) temporary during construction.
43. Permanently affected landowners are classified as: (i) private individuals, (ii) private corporations/institutions, (iii) government corporations, and (iv) government/public. Of all land takes, 22% are private corporate in nature as against 78% public lands. Refer to Figure 2 that provides the location of affected landowners with coordinates provided and Appendix 1 further enumerates the detailed listing of affected landowners.
44. Three private-corporate entities will be affected as regards loss of land (details provided in Table 3). The affected areas are footpaths (2 parcels) and landscaped grounds (1 parcel). The table shows that the total land owned by the three corporations amount to 19,699 sqm of which 460 sqm or 2% is required for land acquisition. Of the three corporations, severity is highest and computed at 7% for CORPORATION 2 and 2% each for the other two corporations. The acquisition of the private corporate land will not result to damage to structures and loss of business/employment. These privately-owned lands that will be affected by the project will be compensated at replacement cost. Table 3: Details on Affected Lands of Three Private Corporate Landowners Total Area Affected Severity Land Loss Use of Affected Area Owned (m2) Area (m2) (%) CORPORATION 1 Landscaped area 9,195.00 205.00 2% CORPORATION 2 Footpath 1,090.00 75.00 7%
1 Nario, Jasmin Galace. Ambulant Vendors: Economic Issues and Concerns. LEAPS: Miriam College Faculty Research Journal. vol. 19 no. 1 (2000).
5 Total Area Affected Severity Land Loss Use of Affected Area Owned (m2) Area (m2) (%) CORPORATION 3 CORPORATION 4 Footpath 9,414.00 180.00 2% TOTAL 19,699.00 460 2%
45. Affected public lands are not covered under this RP as these are to be acquired according to the government's inter-departmental transactions. There are 11 parcels of public lands that will be affected by the project amounting to 2,110 sqm (11%) from a total 19,699 sqm. The required area from each parcel is 150 sqm and these all fall within the easements of the RROW.
3. Loss of Structures
46. Structural losses are all public structures as shown in Table 4. A total of 102 structures will be affected of which 65% or 66 units are electric posts, the rest being plant boxes, streetlights, signages and the like. The losses will result to disruption of services especially as regards electricity. Table 4: Summary of Impacts on Public Structures Cubao Station, Quezon City Public Structures Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Total Rodriguez Concepcion de Porres Socorro Electrical post 4 18 4 40 66 Streetlight 2 11 3 3 19 Plant box 0 10 3 0 13 LCD Signage 1 0 1 0 2 Manhole 0 0 0 1 1 Street signs 0 1 0 0 1 Total 6 40 10 44 102
47. Affected public structures are on public lands and not covered under this RP as these shall be acquired according to the government's inter-departmental transactions.
4. Loss of Trees
48. Similar to structural losses, affected trees (2 trees) are publicly owned hence shall be acquired according to the government's inter-departmental transactions. Privately-owned trees that will be affected by the project will be compensated at replacement cost. Affected trees, public or privately owned shall be addressed through the project EMP.
5. Loss of Business Income
49. A total of 98 informal businesses will be affected belonging to ambulant vendors or 98 APs. These affected businesses are mostly into trading generating an average monthly income of PhP 27,482.00. Depending on the seasonality of business activities, minimum monthly income is PhP 5,000, and maximum is PhP 90,000.00. Though illegal, ambulant vending is a viable employment alternative since the vendor's average income is higher than the minimum wage.
50. These vendors established residence in the area primarily due to proximity to livelihood sources and basic services/utilities/facilities. Only 19% of these APs originally reside in neighboring barangays, while all others are migrants with current residence the past 5 years, mostly from Mindanao. Vendors congregate along footbridges and display their ware by late afternoon to avoid being caught by the MMDA (Figure 3).
6 51. In consultation with the affected vendors, they shall be provided assistance for loss of income/livelihood through the identification of, and transportation to, an alternative site to continue economic activity, e.g. assistance in (i) shifting to areas within the same LGU where there is no construction and/or (ii) identify alternative sites to sell.
6. Increased Vulnerability
52. There are 19 vendors deemed as vulnerable amongst the total 98. 18 are women headed households of which four (4) of the 18 are elderly, and one (1) homeless/street person with average monthly income of PhP 27,482.00 derived from ambulant vending. These vulnerable households shall be entitled to livelihood restoration programs under the project.
53. The homeless person sleeps along the Cubao footbridge, the MRT serves as her roof. She is 49 years old, with one sickly child (21 years old) who she left with relatives to care for as her husband is in jail due to drug charges. She sells mineral water to pedestrians and earns around PhP 300/day.
54. They shall be entitled to livelihood restoration programs and applicable allowances and shelter assistance for the 1 homeless person.
III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS
A. Quezon City and Affected Barangays
55. Quezon City is a landlocked highly urbanized city in the National Capital Region. The city has a land area of 166.20 square kilometers or 64.17 square miles. Its population as determined by the 2015 Census was 2,936,116. This represented 22.80% of the total population of the National Capital Region. Based on these figures, the population density is computed at 17,666 inhabitants per square kilometer or 45,755 inhabitants per square mile.
56. Population and Demography. Based on the Philippines Statistics Authority’s (PSA) 2015 census Quezon City which hosts the Balintawak Station, Common Station and Cubao Station has a total population of 2,936,116, with annual growth rate of 1.17% and population density of 17,099 persons/km2. Table 5: Estimated No. of Population and Growth Rate by Affected Area, 2015 Population Population Annual Population Barangay Rank Rank percentage (2015) (2015) Growth Rate (2010-2015) E. Rodriguez 0.67% 39 19,594 87 0.24% Immaculate Concepcion 0.30% 67 8,670 111 -0.22% San Martin de Porres 0.42% 57 12,315 110 -0.21% Socorro 0.85% 30 25,073 15 2.75% Quezon City Total (142 barangays) 2,936,116 1.17% Source: Philippine Statistics Authority (2015). Population of the National Capital Region
57. Quezon City represented 22.83% of the total population of the National Capital Region. Based on these figures, the population density is computed at 17,099 inhabitants per square kilometer. The population of Quezon City grew from 397,990 in 1960 to 2,936,116 in 2015, an increase of 2,538,126 people. The latest census figures in 2015 denote a positive growth rate of 1.17%, or an increase of 174,396 people, from the previous population of 2,761,720 in 2010 (Table 6).
7 Table 6: Estimated No. of Population, HH, and Average Household Size, Land Area and Population Density, 2015 Population Density National/ HH Land Area Share to Share Household (persons/ Cities Number Size (sq km) National to NCR sq km) Philippines 100,543,973 22,969,666 4.38 300,000 337 NCR 12,786,611 12.72% 3,095,484 4.13 619.54 20,785 Quezon City 2,919,320 2.90% 22.83% 683,044 4.27 171.71 17,099 Data source: Philippine Statistics Authority (PSA)
58. According to the 2015 Census (Appendix 2), the age group with the highest population in Quezon City is 0 to 14, with 777,672 individuals. Conversely, the age group with the lowest population is 50 to 54 with 109,824 individuals. Combining age groups together, those aged 14 and below, consisting of the young dependent population which include infants/babies, children and young adolescents/teenagers, make up an aggregate of 26.49% (777,672). Those aged 15 up to 64, roughly, the economically active population and actual or potential members of the work force, constitute a total of 69.51% (2,041,025). Finally, old dependent population consisting of the senior citizens, those aged 65 and over, total 4.00% (117,419) in all.
59. The computed Age Dependency Ratios mean that among the population of Quezon City, there are 38 youth dependents to every 100 of the working age population; there are 6 aged/senior citizens to every 100 of the working population; and overall, there are 44 dependents (young and old-age) to every 100 of the working population.
60. The median age of 26 indicates that half of the entire population of Quezon City are aged less than 26 and the other half are over the age of 26. Majority of the population ten (10) years old and over are single. In general, single females are outnumbered by single males.
61. Education. The literacy rate of the population ten years old and over is relatively higher than the average literacy rate of the NCR and Philippines. Majority of the population 5 years old and over completed high school level. However, it was noted that there is also a significant number of population attained higher than high school level (i.e., post-secondary, college undergraduate, academic degree holder, and post baccalaureate).
62. Health. Based on the city’s ecological profile there are 1,168 various health and wellness facilities like: medical clinics (93), Lying-in Clinic/Birthing Home/Maternity Clinics (176) optical clinics (76), dental clinics (153), dental laboratory (18), dermatology clinics (66), skin care clinics (89), diagnostic centers (46), dialysis centers/clinics (9), veterinary (110), psychological clinic (12), surgical clinic (2), psychiatric rehabilitation centers (6), medical laboratory (3), therapeutic clinics (20), medical health care services (31), x-ray diagnostic clinics (22), combined various health and wellness facilities (236).
63. Mortality and Morbidity. NCR’s mortality rate for the year 2015 is 5.79 per 1,000 population. According to PSA (2016), ischemic heart diseases was a top leading cause of death 44,472 or 13.3 percent. Other causes of death identified are cerebrovascular diseases and neoplasms. For females, the neoplasm or “cancer” is the leading cause of death in 2016. Other causes of death are ischemic heart diseases and pneumonia.
64. NCR is 2nd in terms of number of deaths with 76,839 or 13.2 percent total deaths in 2016 (Table 4). Also, more number of male deaths occurred with 44,455 or 7.6 percent compared to female deaths of only 32,384 or 5.6 percent of the total. Based on PSA (2018), infant deaths are deaths that occurred before reaching age 1. At the regional level, 3,687 infant deaths were registered in NCR for the year 2016. Male infant deaths registered higher
8 than female. NCR is considered 2nd registered high infant deaths in the country with 3,687 or 16.9%.
65. The PSA define maternal death as “death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes”. Per PSA, the Philippines has a total of 1,483 registered maternal deaths in 2016. NCR is identified as the 3rd highest number of maternal deaths with 159 or 10.7 percent.
66. Economy, Income, and Poverty. According to the Bureau of Local Government Finance, the annual regular revenue of Quezon City for the fiscal year of 2016 was ₱17,058,330,468.11.
67. The percentage share of gainful workers 15 years old and over in Quezon City is relatively higher than NCR and Philippines. Quezon City shares of gainful workers 15 years old and over is about 60 percent. Majority of the gainful workers 15 Years Old and Over Major Occupation. Majority of the gainful workers 15 years old and over in Quezon City are service and sales workers.
68. Quality of Life. Majority of the household are living in a single house, which is either own/owner like possession of house and lot or Rent house/room including lot. Most of the household in Quezon City source their drinking water from own use faucet community water system. About 98 percent of the households in Quezon City used electricity for lighting. Only less than one percent of the households does not have lighting.
69. Vulnerable Groups. In 2015, Quezon City has 2,851 youth from 6-17 years old. 1,956 are the recorded males and 895 are females. Based on the Ecological Profile of the city, the 2015 data is lower in the previous years. The decrease is said to be attributed to the advocacy of the city pertaining to children.
70. Persons with Disability (PWD). The type of disability is divided into nine types namely: mental, orthopedically handicapped, hearing, speech, visual disability, psychosocial, chronic illness, learning and multiple. On a national level, PWDs is supported by the government through programs. For instance, the Department of Trade and Industry (DTI formulated PWD Economic Empowerment Program to provide interventions on enterprise level assistance and policy advocacy.
71. On a local level, LGUs supports the PWDs by creating specific social welfare offices which priorities is to support the PWDs. For instance, Quezon City, the LGU created a committee called the Disabled Persons Affairs Committee (DPAC) thru City Ordinance No. SP-158, S-94. It was formed in recognition of the need of the involvement of disable persons to actively participate in the formulation of policies specifically for disabled persons.
72. Senior Citizens. The elderly population has also given priority by LGUs in terms of protection and special attention. The projects for elderly are especially designed to interact with their peers, articulate their needs, express their interests and participate in developmental undertakings. Based on PSA data (2015), the total number of Senior Citizens in Metro Manila is about 851,214 comprising the 11.3% of the total population of the region. Under Section 4 of RA 994 or the Expanded Senior Citizens Act of 2010, senior citizens are privileged to avail the following:
• Free medical and dental services, diagnostic and laboratory services in all government facilities;
9 • 20% discounts for medicines, hotels, restaurants, recreation centers, concert halls, cinema houses, theatres, medical/dental services, diagnostic and laboratory fees in private facilities, domestic air, sea, travel and public transportation. • 5% discount in basic necessities and prime commodities, etc.
73. Power Supply. Manila Electric Company (MERALCO) has been the main power utility provider for NCR. Provided below in Table 6 are customers served by MERALCO within NCR. The table shows that 91.6% of captive customer connection residential followed by commercial establishment with 8.2% and industry and others both less than 1 % each. Based on sales however, business (43%) is highest followed by residential (38%), industry (18.1%) and others with less than 1%.
74. Water Supply and Sewerage System. Metro Manila’s main sources of water are the Angat, Ipo, and La Mesa Dams (Manila Water, 2019). The two concessionaires of the Metropolitan Waterworks and Sewerage System (MWSS)- the Manila Water Services, Inc (MWSI) and Manila Water Company, Inc. (MWCI).
75. Manila Water is the water utility provider in Mandaluyong, Marikina, Pasig, Pateros, San Juan, Taguig, Makati, and parts of Quezon City and Manila. It also services Antipolo City and the Rizal towns of Angono, Baras, Binagonan, Cainta, Cardona, Jala-Jala, Morong, Pililla, Rodriquez, Tanay, Taytay, and San Mateo, (MWSS, 2019). It has seven (7) business area in Balara, Cubao, Makati, Marikina, Pasig, San Juan-Mandaluyong, and Taguig-Pateros–Rizal.
76. Communications. Main telecommunication providers are PLDT, Bayantel, Digitel, Multimedia, Globe and, Smart. The available internet providers are PLDT, Bayantel, Digitel, Smart and Globe.
77. Solid Waste Management System. Republic Act No. 9003 commonly referred as the “Ecological Solid Waste Management Act of 2000, aims to address the growing problem on solid wastes in the country. (Philippine Senate Government Publication, 2017). NCR has generated the biggest volume of wastes. In 2016, the generated wastes of the region is 9,212.92 tons per day.2 Solid wastes are mostly from residential, commercial, industrial and institutional sources. Common types of wastes generated are kitchen scraps, paper and others.
78. Transportation. With the desired characteristic in making the city a place to live, work and play, the Project will promote an easy access to motor vehicle terminals, rail networks, institutions and city’s growth centers. Little by little, the Project will lead to an easy, well linked and balanced access to different facilities and institutions, creating attractive city scape with cleaner and pleasant environment. The Project promotes safe usage and proximity to all available public transport coupled with the lesser number of ride transfers, thus encouraging walking instead of daily commutes especially to near routes. Currently, the available modes of transportation in Metro Manila are public and private vehicles, buses, jeepneys and taxis and rail transport.
79. For Quezon City transportation private transportation mainly comprised large volume with 82.49% while public utility vehicles (i.e., buses, jeepneys and taxis) comprise 13.72% and industrial/commercial vehicles (i.e., trucks, vans) at 3.79%. (Ecological Profile of Quezon City. p.32).
2 https://www.senate.gov.ph/publications/SEPO/AAG_Philippine%20Solid%20Wastes_Nov2017.pdf.
10 80. Gender and Social Equity. One aim of the government is poverty reduction. The EDSA Greenways Project is one of the government’s many projects in directing the city to urban competitiveness.
81. In the conduct of the EDSA Greenways Project gender analysis, it has identified the gender barriers in mobility and the benefits of the pedestrian facility improvements. Through the years, participation of Filipino women in the labor force and employment are generally lower than those of men because these women usually bear most of the burden of unpaid care and reproductive work, which prevents them from participating in the economic activity unlike men. Men’s travel pattern also differ from the women due to the gender division of labor. Women tend to make shorter and more trips than men as part of their perceived and assumed roles which affects their mobility.
82. Women may generally feel unsafe to access pedestrian passages during both peak and off-peak hours due to susceptible abuse/harassment from other pedestrians. The proposed loan will ensure secure, well-lit, and well managed walkways with continuous monitoring and security to ensure safety for all users, including women, the elderly and the youth and also to deter informal economic activities.
83. According to the Philippine Statistics Authority (PSA) (2018), one in four (26%) ever- married women between 15-49 years old has experienced violence such as emotional, physical and sexual. Among the regions, NCR ranks second to the lowest percentage with ever-married women aged 15-49 who have experienced violence for almost all types next to ARMM except for physical violence – 3rd on the ranked next to CAR and ARMM. Below is the 2017 data spousal violence data of PSA. Table 7: Spousal Violence by Background Characteristics (NCR) % of Ever-married Women aged 15-49 Who Have Background Characteristics Experienced Emotional Violence 10 Physical Violence 9 Sexual Violence 1.6 Physical and Sexual Violence 1.1 Physical and Sexual and Emotional 0.7 Physical or Sexual 9.5 Physical or Sexual or Emotional 15.6 Source: https://psa.gov.ph/sites/default/files/attachments/ird/pressrelease/scan0006.pdf.
B. Affected Households
84. Of the total 98 affected households (AHs), a survey was conducted in May 2019 on 54 AHs from Barangays E. Rodriguez, Immaculate Concepcion, San Martin de Porres, and Socorro. The ensuing sections refer to survey results by way of describing the AHs of the ambulant vendors. Tabular results are provided in Appendix 3.
85. Household demographics. When disaggregated, there is more male headed households (67%) than female headed households (33%). Majority of the household heads are spread across the age brackets of 25-29 (11%), 20-24 (15%), 40-44(9%), 50-54 (9%), 45- 49 (15%) and no response (15%). More than half of household heads are married (56%). Some are single (26%) while 7% are with Common-Law Partner/Cohabitating. Few are separated (6%) and widow/er (6%). Religious affiliation of AHs includes Islam (74%), Roman Catholic (24%), and other religions (2%).
86. Of the 54 HHs, 22% are elementary undergraduates and 22% are elementary graduates. There are 17% of HHs who are high school undergraduates while 22% are high
11 school graduates. Also, there are 6% who are vocational/technical graduates another 6% who are college undergraduates. Lastly, 4% are no formal education and only 2% are junior high.
87. Prior to residing in their current locations, 19% of household respondents lived within LGU, 9% lived outside LGU, but within the Metro Manila/Province, 2% lived outside Metro Manila/Province, 7% lived in Luzon, 9% lived in Visayas, 52% in Mindanao and 2% did not respond. Survey results also indicate those who have been there for 1-5 years account for 50% while another 26% have been there for 6-10 years. Some (17%) have been there for more than 10 years. Few have been there for less than a year (4%) did not respond (4%).
88. Majority of AH heads (80%) established residence in the area due to proximity to livelihood. Some (13%) resides due to nearness to basic services/utilities/facilities. Other reasons amount to 6%. While few (2%) live in the area due to affordable rental rates. Of the 54 affected HHs, only 2% own other real property. An AH heads owns other real property which is in Mindanao. The said respondent is from Bgy. Immaculate Concepcion.
89. About 8% of AH heads are elderly. None amongst the AHs are recipients of the DSWD’s 4Ps.
90. Employment, income and expenditure. About 93% of affected HHs are ambulant vendors; 7% did not respond. A large percentage of ambulant vendors (35%) are from Bgy. E. Rodriguez. The AHs are self-employed workers/employees in family business.
91. Most of the AHs have monthly income of Php 10,001- 20,000 (33%) followed by 20% earning Php 20,001-30,000, 13% earn Php 10,000 and below3, 11% earn Php 30,001-40,000 and 9% earn Php 50,001-60,000. Few earn 40,001-50,000 (4%) and Php 80,001-90,000 (2%). For most households (43%) have monthly expenditure of Php10, 001-20,000. Some (24%) spends Php 10,000 and below and Php 20,001-30,000 (17%) and Php 30,001-40,000 (13%) monthly. Only 2% spends Php 40,001-50,000 monthly another 2% spends Php 60,001- 70,000.
92. Business. All respondents own retail trading businesses. Around (39%) of retail trading business owners are from Bgy. E. Rodriguez. While Bgy. Socorro has 7% retail trading business owner. Majority (96%) have continuous business operations. Only 4% have seasonal operations. In terms of number of years in operating a business, 46% run the business for 6- 10 years. Some (35%) operate for 1-5 years. Others (13%) operate for more than 10 years. Only 6% operate their business for less than a year. More than half (56%) AH heads earn monthly net income of Php 10,001-20,000 followed by Php 10,000 and below (17%) Php 20,001-30,000 (17%). Others has monthly net income of Php 30,001 to 40,000 (4%), Php 50,001 to 60,000 (4%), Php 40,001 to 50,000 (2%) and Php 80,001 to 90,000 (2%).
93. Around 63% of AH heads has initial capital amounting Php 10,000 and below followed by 9% having initial capital of Php 10,001-20,000. Others have initial capital of Php 20,001 to 30,000 (7%), Php 30,001 to 40,000 (7%) and 40,001 to 50,000 (7%). Few have initial capital of Php 60,001-70,000 (2%) and Php 90,001-100,000 (2%) and Php 100,001 and above as initial capital. More than half (54%) used their savings to start a business. While 43% of AH heads availed of personal loan and lending as source of capital. Only 4% account for other source. At present, 30% has a capital of Php 10,001-20,000. Others have Php 10,000 and below (22%), Php 20,001-30,000 (11%), and Php 40,001-50,000 (9%). Few has present capitalization of Php 30,001-40,000 (7%), Php 100,001 and above (6%), Php 40,001-50,000 (4%), Php 60,001-70,000 (4%) and Php 90,001-100,000 (4%); 4% did not respond.
3 Although less than poverty threshold, only has 1-2 household members.
12 94. When asked whether to request assistance or not, only 4% did not respond. But 43% have the intention and 54% have no intention to request assistance. Majority of AH heads (87%) wish to receive additional capital as assistance. While 9% preferred other assistance. Only 4% did not respond.
95. Quality of life. More than half of the surveyed households (59%) are using G.I. sheets as roofing materials. Around 31% are using wood. About 9% use other roof materials. There are various wall materials for structures. More than half (61%) of the surveyed HHs are using concrete as wall material of their structures followed by 30% HHs who are using wood. Few (9%) are using other wall materials.
96. All respondents (100%) have access to electricity. Around 81% of surveyed HHs have piped water connection while 19% are using other water sources. Majority of the AHs (67%) use LPG for cooking. Some (28%) use kerosene. Others use electricity (2%). Around 4% are not using any fuel source for cooking. About 78% of households reported using semi-flush toilets in their homes. Few (9%) use flush type. About 7% use other types of toilet. While others use antipolo type (4%). Only 2% are not using any toilet.
C. Perceptions of AHs About the Project
97. In May 2019, perceptions of AHs were generated through the socioeconomic surveys. One hundred percent (100%) of respondents from four affected barangays are aware of the project. More than half of the respondents (57%) got project information from survey/research. Some (17%) were informed by DOTr officials while 15% got the information from consultation meetings. Others got the information from neighbor (6%), radio/tv/newspaper (2%) and LGU officials (2%). Only 2% has no response.
98. Positive Impacts. Based on the SES (N=54), 24% believes that one of the positive impacts of the project is cleaner surroundings. Also, 23% trusts that the project can provide better access to/from barangay/city. In effect, the project will lessen road accidents according to 14% of AHs. About 11% said that project will lead to progress in the barangay/city. Some believes that the project will give opportunities for local vendors and business (10%), will lower expenses for vehicle maintenance (9%) and will create jobs and livelihood opportunities (8%). Only 2% have no response. Table 8: Project Positive Impacts Cited Cubao Station, Quezon City Total Bgy. Bgy. San Impacts Bgy. E. Bgy. Immaculate Martin de No % Rodriguez Socorro Concepcion Porres Cleaner surroundings 9 8 11 2 30 24% Better access to/from barangay/city 10 8 8 3 29 23% Fewer road accidents 7 5 3 2 17 14% Progress in the barangay/ city 6 8 0 0 14 11% Opportunities for local vendors and businesses 4 4 4 0 12 10% Lower expenses for vehicles maintenance 1 4 5 1 11 9% Creation of jobs and livelihood opportunities such as 6 3 1 0 10 8% (including in relation to project civil works and O&M) No Response 0 1 1 0 2 2% Total 43 41 33 8 125 *based on 54 AH heads who answered that they are aware of the project; multiple responses
99. Negative Impacts. About 32% of the AHs said that loss of jobs or livelihood is one of the negative impacts of the project. Then, 15% answer loss of property and another 15% answer 15%. About 12% believes that the project will increase congestion. Other negative impacts perceive by the AHs are as follows: loss of plants, natural habitats, damage or
13 pollution of environment`, water pollution and loss and contamination of drinking water. Lastly, 5% did not give thoughts on negative impacts. Table 9: Project Negative Impacts Cited Cubao Station, Quezon City Total Impacts Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Loss of Jobs or livelihood 11 8 4 1 24 32% Air pollution 6 3 0 2 11 15% Loss of property 2 2 7 0 11 15% Increase in congestion 4 4 0 1 9 12% Loss of plants, natural habitats 2 3 0 2 7 9% Damage or pollution of environment 3 1 0 1 5 7% Water Pollution 1 1 0 0 2 3% Loss or contamination of Drinking water 0 0 1 0 1 1% No Response 1 2 1 0 4 5% Total 30 24 13 7 74 *based on 54 AH heads who answered that they are aware of the project; multiple responses
100. Support for the project. A large majority of those surveyed at the time of the SES supported the project (76%). Around 20% were not supportive and another 4% either did not have an opinion or were non responsive to the question. Table 10: Project Acceptability Cubao Station, Quezon City Total Approval Bgy. Immaculate Bgy. San Martin Bgy. Bgy. E. Rodriguez No % Concepcion de Porres Socorro Yes 13 14 10 4 41 76% No 7 3 1 0 11 20% No Response 1 0 1 0 2 4% Total 21 17 12 4 54 *based on 54 AH heads who answered that they are aware of the project
IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE
A. Consultation and Participation
101. 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”.
102. DOTr will conduct meaningful consultations with affected persons, local governments, and civil society for every project activity/component identified as having involuntary resettlement impacts. Meaningful consultation (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
14 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. Consultation will be carried out in a manner commensurate with the impacts of affected communities. The DOTr 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, and those without legal title to land.
1. Consultation Under the DOTr-Right-of-Way Site Acquisition Manual (ROWSAM)
103. Provided with the overarching principles of consultation from the ADB SPS (2009), the Consultants will have to abide with procedural requirements as stipulated in the ROWSAM. The responsibilities of the DOTr and its associated Consultants derive from various pieces of legislation whose mandated processes are triggered by an approval to proceed through a Feasibility Assessment towards Detailed Engineering Design. Broadly these are:
(i) Consult with all tiers of governmental responsibility in the affected area; (ii) Conduct public information programs in each and every affected neighbourhood; (iii) Conduct extensive consultation with all affected interests and stakeholders; (iv) Complete an Environmental Impact Assessment; (v) Construct a ROW and Site Acquisition Action Plan consisting of: • Land Acquisition Plan • Resettlement Action Plan • Parcellary Survey • Entitlement Matrix
104. At project onset, it is worthwhile to bear in mind the process mandated responsibilities that require consultation:
(i) Define the Necessary Property - The first mandated activity or responsibility is to define the need for land acquisition. It is incumbent upon DOTr and its Consultants to produce an initial Information Package that describes the proposed project alignment and site requirements. The Information Package must be able to showcase effective communication and consultation with Governmental Agencies and LGUs, with the end in view of generating support for the project. The Information Package clearly and appropriately should describe the extent of public notification and consultation compliant with Sec.3 of EO 1035 s.1985. Below are the key elements of the Information Package that need to be clearly communicated and/or prepared:
▪ A series of acceptable maps and aerial imagery be produced that clearly illustrates the project elements, i.e., location/settlement maps, route (transport corridor) and any other sites required for operational purposes, to result in effective consultation required by legislation; ▪ Data requirements from local governments and other agencies - Detail such as the required presentation format (units of measurement, digital formats, etc) are best agreed with administrators early in the process; and ▪ A briefing of anticipated benefits to the community (the local constituents) will advance the process of data gathering, allow effective documentation and fact verification, justify and minimise disruption during ground-truthing. Similarly, it will enable, and assist the beneficiaries of the infrastructure to
15 assess and lead positive sentiment to the project within the wider community.
(ii) Consultation with Governing Agencies – The project necessitates political support to ensure smooth implementation and facilitate the generation of necessary data to produce and implement the plans required by the ROW IRR. DOTr and its Consultants should be able to ensure participation of Government agencies (includes national government agencies, regional bodies and LGUs – city, district, and barangay levels) critical of which is their contribution in preparing the Entitlement Matrix.
In consulting with Government agencies, DOTr and its Consultants must be prepared with a well-crafted Information Package that includes a concise project description, scope of work, technical presentation of project process, and timetables. plans, maps and documents sufficient for consultation with.
(iii) Consultation with Neighborhood Inhabitants and Representative Organisations - Design, implement and deliver a Public Information Campaign to bring the detail and benefits of the national project to the notice and attention of affected interests, interested parties and stakeholders. The campaign is designed to accomplish three major aims:
▪ to acquaint possible project affected persons (APs) with the objectives and benefits deriving from the project; ▪ to minimise resistance to, or objection against the acquisition of property necessary for the creation and operation of the transport infrastructure; and ▪ to bring to public attention the benefits of the project and the national interest and greater common good deriving from an enhanced transport system.
105. Per ROWSAM, the consultation process is provided as follows:
▪ Consult with Municipal and Barangay representatives to determine the extent of consultation required and obtain an extensive demographic, socio- cultural, and economic profile of local inhabitants and their neighborhoods in each of the areas and affected communities identified. ▪ Consult with the Philippine Information Agency (PIA) and local government officials to prepare a public information campaign for presentation in local community venues. ▪ Present the national and local benefit from the project as a contribution to the national infrastructure base with wide and diverse public improvements that benefit the locally based community. ▪ Prepare and extensively deliver a public information campaign. Consult with potential APs, neighborhood inhabitants, and a range of local stakeholders (including NGOs, peoples organisations, and local associations).
(iv) Creation of a ROWSA Action Plan - The last mandated responsibility is the preparation of the ROWSA action plan, which provides for the following:
▪ All site investigations and source-reference data collected in the parcellary survey; ▪ Detail and minutes of all meetings with government officers ▪ Detail of the public information and community consultation undertaken with all comment, observations, and feedback together with any resultant research and recommendations on project design and impact
16 ▪ Every interest to be addressed before the creation of a cleared, unobstructed site or linear corridor; ▪ Independent, professional assessment of the market value of the necessary land and of replacement value of improvements affected; ▪ Compensation offers applicable to each compensable interest; ▪ Necessary completed subdivision plans, signed and certified by a geodetic engineer, in a format capable of registration by the LRA; ▪ Resettlement Action Plan with recommendations, schedules and action plans addressing the legislated rights of all APs; ▪ Appropriate DENR Environmental Compliance Certificates (ECCs) necessary to proceed; and ▪ Line-itemed budgetary requirement and funding strategy for acquisition, registration, clearing and maintenance of the entire, operationally required property.
106. Note that consultation cuts across all of the 10 elements of the ROWSA. The “MUST” outcome of the ROWSA process is to secure title over a number of unencumbered, unoccupied, cleared properties without encroachment, registered in the name of the Republic, and under the control of the DOTr on behalf of the Republic.
2. Consultations at Preparation Stage
107. Two consultations were conducted for Cubao station in 09 May 2019 for AHs for directly affected stakeholders and 17 May 2019 for institutional stakeholders that included private corporate landowners. Issues and concerns raised during these consultations are provided in Table 11. Details related to consultations are provided in Appendix 4. Table 11: Issues and Concerns Raised by AHs Issues And Concerns Response By Dotr and Consultants 1. Ambulant vendors representative: • DOTr will coordinate with the LGU and MMDA to • We cannot pay for space. Where will you place identify a place for vendors to continuously sell their us since there is no space that is vacant and wares/goods while the project is being implemented available near the Cubao station? All the spaces and also once it is completed. are already occupied by the vendors. • Let us help one another to try to look for available • We hope you can help us raise these concerns space, you can suggest a specific time/period to to the LGU, barangay and MMDA? LGU/barangay so that you can still peddle your • If the project is completed, will we be asked to goods. Since you have organizations, you can give leave the crossings? suggestions and provide responsibilities you can • If the elevated walkways are developed/ commit such as cleaning the areas, policing your constructed, can we be given a space to sell our ranks, etc. goods since the walkways are long and • We will suggest to schedule a meeting with these spacious? institutions to discuss your concerns. We will • Can we still continue selling our wares/goods in update you on the outcomes/ agreements with other places not affected by the project? these offices. • Will the sidewalks/roads above the walkways • Once the elevated walkways and pedestrian not be affected by the project? crossings are developed, your livelihood in those • If government, just in case, will compensate us, areas will be affected. The survey to be undertaken it will not be enough. That is for short time relief. will give us or the government information on how We need continuous livelihood. to help you mitigate the direct impacts. • You can still sell/vend, however, the MMDA and LGU might still go after you. • Yes, these will be affected especially those areas with landings. • We will try to explore other livelihood opportunities and tap organizations/ institutions to offer skills trainings and other sources of livelihood. Issues Raised by Institutional Stakeholders 1. BLGU- Socorro • Ladder/steps in the project are considered in the project. All proposed stations will have lifts to help
17 Issues And Concerns Response By Dotr and Consultants • What if the MRT is connected to the common the pedestrians particularly senior citizens. The station and is the design of the ladder/steps design of the ladder has shorter step distances for considered? easier access of the senior citizens. • Current footbridges are damaged hence how • DOTr answered that the current footbridge is will the Greenways Project be safe for deteriorated. This is included in the issues we want everyone? to disclose for the project. Safety for women and • Senior citizens had a hard time using the children will be implemented. For the materials, footbridge or to climb the stairs. There are no stainless steel is not an option in the design and we rest pits for high footbridges hence can the are looking for other stronger materials to be used. elevators be used by the senior citizens only? In addition, revenues from advertisements, kiosks Also, there should be pay toilets to have a clean will be used for the maintenance of the Greenway. and operating toilet facilities. • There will be two breath spaces at the stairs at 2.5m wide. The steps of the stairs are also modified. Elevator cars have more capacity to accommodate more pedestrians. The elderly, PWDs are prioritized at the elevator. For the pay toilets, we are noting the recommendation. 2. ADHD Society of the Philippines • DOTr replied that there will be Technical Working • Recommended a sensitivity training for the Group (TWG) for disabled persons and work plans workers and neuro- development cases should for PWDs and senior citizens. The planned be addressed as well. In addition, she raised the signages will reflect international standards but the need of signages that will follow the universal provisions will be more detailed in the plan. symbol of accessibility. She also inquired if the Considering the recommendation, there will be activities to be done for the Greenways can be safeguard documents present for the details. The connected or inferred to different sub- action will be done with the sub-committees and will committees. be discussed to different stakeholder groups. • (i) is there a plan to use solar energy. (ii) where • DOTr said the operations and maintenance will be will the sources of electricity come from? (iii) under the responsibility of the private sector. DOTr LGU should be the one who will oversee the will help and will look closely to work with the maintenance works. private sectors although all is still under consideration. • Sources of electricity will be discussed in the later part of the project and there will be constant coordination with Meralco regarding this matter. For the plan on using solar energy, we are noting the suggestion but the final source of electricity to be used will be included in the detailed engineering design. 3. MECO • Recommended that there should be plans on pathways, water pipe layouts for the stations as Recommendation accepted. well as correct water segregation on the Greenways. 4. VMMC • There is a plan for all gender bathroom and • Asked the following (i) comfort rooms at landing breastfeeding spaces. Although, it will be hard on areas (ii) comfort rooms for gender sensitive the maintenance unless there will be a third-party areas (iii) what are the action to be taken on maintenance provider responsible. Thus, we will sexual harassment? (iv) will there be security check with the Local Government Units (LGUs) and guards and CCTV cameras? communicate to the establishment owners or someone responsible to it. The ADB funded projects have safeguards that are consolidated to integrate solutions. Gender Action Plan is formulated from gender plan analysis. On operation, there will be spaces given by the LGUs on dissemination information about this topic. The CCTVS and the security will be provided by the third-party service or maintenance contractor. Lastly, there will be rest pits on both sides for persons with wheelchairs. 5. Lady of Guadalupe Minor Seminary There will be no acquiring of land within the • Asked whether the project will acquire portion of property of Our Lady of Guadalupe Minor Seminary. their property 6. SM Corporation • Representative of SM inquired whether the property of SM will be affected by the project
18 Issues And Concerns Response By Dotr and Consultants • There is a need for some landings and the possibility of connection between the pedestrian • SMDC recommended to have a signage for no and SM properties. vendors on the pedestrian in ensuring that the pedestrian will meet the goals of the project. • Recommendation noted. 7. Meralco • DOTr is the owner of the project and a third party • Representative from Meralco asked the will operate it. The third party will maintain the following questions: (i) responsible person for facility but the DOTr will pay them. Also, the DOTr shouldering the cost for utilities, (ii) the certainty is the applicant for relocating the utilities. of the third party in handling the cost and (iii) is • Consultant team further asked Meralco the the DOTr will be the applicant in relocating the following questions: (i) how long it takes for the utilities utility to be relocated, and (ii) is it possible to handle • Meralco responded that the technical team will the work for only 2-3 months. work with DOTr for relocation of utility poles and the needs of the plans. The relocations will take 2-3 months. The Meralco responded to look more into the detailed design of the project. • Consultant team responded that the maintenance is • Meralco further stated that the current considered in the development phase, considering government projects are implemented yet are that it takes a lot of money. The private sectors will left behind after construction. He recommended take the maintenance responsibility. Based on the that there should be a maintenance plan and a economic and financial analysis made, it is long-term maintenance on the project. He also estimated that the project will to last to 30 years and asked how long the lifespan of the structure is materials used should be replaced every 15 years. and questioned about the situation for utility • Consultant team said that there are conversations poles. and consultations with Meralco about the relocation of the utility poles. The Greenways proposes an upgraded walkway this sidewalk is widened. There are also provisions about the relocation of the utility poles.
3. Parallel Undertakings by Major Corporations Around the Area
108. While corporations have been attendant to consultations on Cubao Station Greenway Project through representatives, a parallel undertaking within Quezon City commenced through a memorandum of agreement signed by the government (DOTr and DPWH), Metro Pacific Investments Corporation, SM Prime Holdings, Ayala Corporation, and San Miguel Corporation on January 2017 for the construction of the common station.4 The common station expected to serve around 500,000 passengers daily upon its completion, aims to connect the major railway systems in Metro Manila-- the Light Rail Transit Line (LRT-1), Metro Rail Transit Line 3 (MRT-3), Metro Rail Transit Line 7 (MRT-7) and the Metro Manila Subway which will enable passengers to seamlessly transfer from one rail line to another.
109. Area A, estimated to cost around PHP2.7 billion will cover the platforms for LRT-1 and MRT-3 to be handled by the DOTr. Area B, which will connect Areas A and B, will be built by North Triangle Depot Commercial Corporation (NTDCC), an affiliate of Ayala Land while Area C which covers the platform for MRT-7 is still being constructed by the San Miguel Corporation. Ayala Land committed to finish the construction of Area B by 2020. As such, the corporations have financially contributed to the Common Station project and have allowed use of vacant/parking spaces.
110. The joint undertaking signifies public-private sector cooperation agreement on the common station.5
4 DOTr inks deal on common station construction. February 13, 2019. https://www.pna.gov.ph/articles/1061843 5 Common train station contract finally signed. January 19, 2017. https://newsinfo.inquirer.net/863457/common- train-station-contract-finally-signed.
19 B. Disclosure
111. During consultations, aside from the project description, potential losses and mitigating measures were disclosed. Project information sheets were disseminated (Appendix 5). The project cut-off date was likewise disclosed to the stakeholders and for Cubao Station, it was 19 May 2019, the start of the social surveys to determine losses.
112. At implementation, DOTr shall submit the following documents for disclosure on ADB’s website:
(i) This RP as endorsed by DOTr; (ii) Updated RP upon a) finalization of the detailed engineering design, b) completion of independent appraiser, and c) DOTr validation; as endorsed by DOTr; (iii) Any due diligences and corrective action plans prepared during project implementation, if needed; and (iv) Quarterly monitoring reports.
113. This draft RP shall be disclosed to APs by DOTr through a consultation meetings upon completion and will be uploaded to the ADB website. Basic project information will be translated into local language to be placed in public offices where the APs can readily access. A Pre-IOL Project Information Brochure (PIB) has been distributed by DOTr. The final PIB shall include the project name, cut-off date and eligibilities, project impacts, compensation/entitlements, GRM procedures, and focal persons.
V. GRIEVANCE REDRESS MECHANISM
114. A Grievance Redress Mechanism (GRM) is a systematic process to receive, evaluate, and address the project-related grievances of APs. A project level grievance mechanism is made available to allow appeals against any disagreeable decision, practice or activity arising from land or other assets acquisition. APs will be fully informed during consultations and through the PIB of their rights and of the procedure for addressing grievances. Complaints and grievances relating to any aspect of entitlements and/or activities, including the determined area and price of the lost assets, will be addressed.
115. Implementation of grievance redress shall be anchored on several principles to guide process, decisions, resolutions, and way forward: (i) confidentiality; (ii) clarity in disseminating the GRM procedure and cases. Where necessary, the local language will be used as well as layman’s terms to further understanding; (iii) transparency during the grievance procedure upholding gender responsiveness and cultural appropriateness; (iv) accessibility of GRM to APs at no costs and without retribution.
116. There are different modes of filing complaints:
(i) Verbally or written directed to the city/barangay Help/Grievance Desk (whichever is applicable) or to a project representative (ii) Verbally or by text message using the existing DOTr Action Center Hotline 7890 will be used as an option for APs in filing complaints (iii) Complaints can be addressed directly to the Greenways PMO through the Grievance Desk Officer
117. All complaints received in writing (or prepared in written form, when received verbally) from the APs shall be properly documented acted upon immediately and addressed through
20 negotiation processes to arrive at a resolution/consensus, pursuant to the procedures detailed below:
(i) Level I – Barangay local government unit (BLGU) – The Barangay Help/Grievance Desk will serve as the first formal contact point for APs to receive their grievances, who will then determine if complaints are project-related or not. The aim of the GRM policies are to resolve grievances expeditiously at the lowest possible level. A decision should be made by the BLGU 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 from when the decision is reached. In cases the AP lodges the grievance verbally, the grievance is officially documented by the BLGU grievance focal person and a record of the grievance will be provided the Grievance Desk Officer of the DOTr Greenways PMO within a working day of receipt by the BLGU grievance focal. (i) Level II - If the AP is not satisfied by the BLGU decision, the AP can appeal before the DOTr Grievance Desk Officer of the Greenways PMO. The Greenways PMO has 15 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. (ii) Level III – Legal Procedures - If the Project Level decision is unsatisfactory to the AP, the AP may approach a court of law at any stage, which is not a part of the project level GRM, and whose decision will be final.
118. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as outlined below:
(i) Complaints against local government executives shall be filed with the Department of Interior and Local Government. (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 President, 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 or the Presidential Commission for the Urban Poor.
119. ADB’s Accountability Mechanism. In addition to the project GRM, ADB’s accountability mechanism (May 2012) also applies to the project. 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.
VI. LEGAL AND POLICY FRAMEWORK
A. Relevant Laws and Regulations in the Philippines
120. The overarching guidance for this legal and policy framework is anchored upon the Philippine Constitution, Article III, Sec. 9 that states: “Private property shall not be taken for public use without just compensation”.
21 121. Republic Act (RA) 10752 - An Act to Facilitate the Acquisition of Right-Of-Way (ROW Act), Site or Location for National Government Infrastructure Projects. The law took effect on 07 March 2016 and gave effect to Article III, Sec. 9 of the Constitution. The Implementing Rules and Regulations (IRR) for the Row Act became effective on 07 August 2017 repealing and RA 8974. Any action undertaken to acquire land for Right-of-Way, whether public land or land owned in fee simple6 by private entities, must be guided by the Constitution and must be undertaken in complete compliance with the ROW Act and its IRR.
122. Sec. 18 of the Implementing Rules and Regulations (IRR) of Republic Act 10752 requires the production of an Agency Manual of Procedures for ROW Acquisition for each IA. Under legislation and governance protocols, the DOTr is deemed to be an Implementing Agency (IA).7 The ROW Act codifies the process of acquisition of real property needed as ROW, infrastructure site or location for National Government projects undertaken by any department, bureau, office, commission, authority or agency of the National Government, including any government-owned or controlled corporation or state college or university, authorized by law or its respective charter to undertake national government projects. In this regard, the Right-of-Way and Site Acquisition Manual (ROWSAM) was produced under DOTr on April 2018 to serve as guide on legislated procedures required for the negotiated or compulsory acquisition of land deemed to be required for transport purposes in the public interest.
123. Modes of Acquisition. The IRR of the ROW Act is clear on expediting the implementation of infrastructure projects as the new law provides clear and simple ROW acquisition guidelines that benefit both the property owners/project-affected persons (APs) and 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.
124. Donation. Donation8 is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it. The IA may explore the mode of donation of the needed portion or whole of the affected property i.e., lots with or without improvements, by the property owner concerned, which may be a private individual/corporation or a government agency/corporation. There are limitations to donation as below:
Capacity of the donor to donate must be determined as of the time of making the donation and disqualifies donations made by the following9: a. Minors who cannot donate because they cannot give consent to a contract b. Insane or demented persons, and deaf-mutes who do not know how to write; c. Persons guilty of adultery or concubinage at the time of donation. The spouse of the donor may declare the action of donation null and void. d. Persons found guilty of the same criminal offense, in consideration thereof, and e. Public officers and his/her spouses, descendants or ascendants, by reason of his/her office.
6 Fee Simple is an interest in land. Land owned in fee simple is owned completely, without any limitations or conditions. This type of unlimited estate is called absolute or freehold. 7 Pursuant to the provisions of Executive Order No. 125 and 125-A, the Department of Transportation and Communications is hereby affirmed to be the primary coordinating, development and implementing agency for transportation projects including ports, airports and railways. This affirmation is without prejudice to the role of the Metro Manila Development Authority as the planning, monitoring and coordinating authority involving the delivery of metro-wide services within Metro Manila and the autonomy of LGUs concerning purely local matters. 8 Art 725, New Civil Code (NCC) 9 Art. 739, NCC
22
125. The approach towards donation under ROWSAM is at detailed engineering design, to present the possibility of donation to the owner in a manner that is non- technical and is to be easily understood by the owner. Negotiator is to exercise care not to imply that the exploratory talks for the possibility of donation is a “take it or leave it” proposition. Similarly, negotiators avoid mentioning any possibility of eventual Expropriation which might be construed as a threat, and must be avoided.
126. If the property owner agrees to donate the property to be acquired by the IA, as ROWSA, a Deed of Donation (DOD) shall immediately be prepared. The DOD shall be simple and unconditional, and contain clauses to the effect that the donation is made not to defraud the donor’s creditors, and that the donor has, if necessary, reserved for himself enough property for his family’s subsistence, sustenance and support in case the donor is a private individual.
127. The procedures in negotiating donation by the owner of affected property are as follows:
a) Obtain the list of PAPs from the Entitlement Matrix which was generated during the Project’s Detailed Engineering Design (DED) Phase of the Project; b) Prepare Donation documents package for presentation to the owner, which includes: i. Notice of Taking and Final Offer relating to a portion or the whole of the property; ii. a copy of Parcellary Survey Plan, if required; iii. Project profile; and iv. Unconditional Deed of Donation (inter-vivos). c) Issue a Notice of Taking and Final Offer to the property owner: If the owner resides outside the country, send the Letter of Offer via registered mail through the Philippine Consulate in the country where the owner resides; d) During the first of the negotiating phase contacts with the property owner: i. Inform the owner of the project and the project’s impact on the property and the location and extent of the requirement (partial or whole of lot requirement); ii. Explain the acquisition process mandated under the ROW Act, underscoring the owner’s right to have the affected property appraised and the right to receive an offer of just compensation from the IA; iii. Explain to the owner, the detail and processes of estimating the Offer of Just Compensation pursuant to the ROW Act and its IRR. e) If the owner is unwilling to donate the required property, proceed to the Negotiated Sale option; f) Verify whether the property is mortgaged, and if so, proceed to Negotiated Sale process; g) If the owner agrees to donate the affected property, request the following documents from the owner: i. Certified true copy of the titles (OCT/TCT) issued by the Register of Deeds, ii. Official receipts of real property tax payments for the past five (5) years and tax clearance issued by the local treasurer; h) Evaluate, validate, and authenticate the submitted documents to confirm that the owner is not donating the property to defraud his or her creditors; i) Determine if the owner will retain sufficient balance property; proceed to a written request for Donation to the RP of the affected property; j) If the donation is of the entire property, proceed to preparation of an Unconditional Deed of Donation (inter-vivos); k) If only a portion of the property will be donated, obtain copies of the subdividing plans of the land prepared by a professional geodetic engineer as part of the Parcellary Survey process. Request that the owner review, approve and confirm the Subdivision Plan to allow submission for the approval of the DENR-LMB Director. Once the
23 Subdivision Plan is approved proceed to preparing the Unconditional Deed of Donation (inter-vivos); l) If the owner has structures that will be affected, prepare the Agreement to Demolish and Remove Improvements (ADRI); and m) Have the Deed of Donation signed by the owner (as donor) and accepted by the appropriately qualified IA representative (as donee).
128. For properties acquired through donation, clearing of ROW can be immediately carried out once the Deed of Donation is perfected. The IA shall pay the documentary stamp tax, transfer tax and registration fee, while the donor shall pay any unpaid real property tax.
129. Negotiation. The IA may offer to acquire, through Negotiated Sale, the ROW and site location property requirements for a national government infrastructure project, under the following procedures: • First and Final Offer to fast track and simplify negotiated sale • Capital gains tax to be paid by the Implementing Agency • Objective Valuation through engagement of the GFIs and IPAs • Consideration Period: owner has a statutory thirty (30) days to thoroughly review, consider, and the offer and to respond to the IA with the required documentation and a considered position on the negotiation process. • Approach: Negotiation must be conducted free of any attempt to pressure the property owner into reaching an agreement.
130. The procedures in negotiating are:
a) Determine the affected property owner(s) from the Entitlement Matrix and confirm with the Parcellary Survey Report. b) Refer to the existing title searches and confirm the existence of all sub-interests that might preclude or obstruct the transfer of the property ownership to the Republic. c) Conduct initial preliminary visits and any extra project briefings or meetings as necessary to make the affected property owner(s) aware of the Negotiation Process, the issues possibly arising, and any matters that might impede the process. The property owners may assign an attorney-in-fact as their representative. d) Determine if the compensable owner(s) currently residing at the affected site, elsewhere in the Philippines, or are out of the country and confirm the most appropriate contact points and methods for delivery of documentation and for further negotiation. e) Determine appropriate IA authorized representative personally deliver the Notice of Taking and Offer Documents to owner(s) presently residing in the project area. f) Confirm with the owner or the qualified representative the existence, extent, and detail of all sub-interests (registered on the title or not) that will, or may give rise to new responsibilities or liabilities upon the owner from the acquisition by the IA and which must be incorporated into the Final Offer of Compensation as legitimate “Disturbance Items”. g) Conduct a rigorous review of the existence, legitimacy, and history of the “disturbance” matters; with particular reference to their relationship to the announcement of the project and the determination of the formal “cut-off-date”. h) Calculate the formal offer to be made to the owner per GFI/IPA and confirm the review of the methodology and timeliness of the assessed valuation(s) conducted and presented in the Parcellary Survey process. i) Structure the Final Offer based upon the principle that the dispossessed owner will receive sufficient funds to discharge all liabilities arising from the unsought transfer of the land, and to acquire similarly situated lands (of approximate area and value to that taken by the government [DOTr]) and to rehabilitate themselves to their previous circumstance as soon as possible.
24 j) Prepare the standard, but personalized template of the Letter of Notice of Taking and Final Offer with Return Slip which informs the owner of the need to acquire their property to give effect to a national government infrastructure project. k) Prepare an appropriate deed of absolute sale document between the owner and the DOTr. l) Reference the requirement under the ROW Act for the IA to pay Capital Gains Tax applicable to the land acquired and confirm payment by the IA of DST, transfer tax and registration fees. m) IA sends Notice of Taking either through Registered Mail or by hand delivery by appropriate IA authorized representative/negotiator. n) The attached Return Slip or Receiving Copy is required to be duly signed and acknowledged by the owner or the formal receiver and sent back to the IA with the requested and statutorily-required documentation.
If the owner refuses to negotiate, or refuses to submit the document within the thirty (30) days period, proceed to Expropriation. If a Return Slip indicates a willingness to proceed to Negotiated Sale, rigorously review the submitted documents for completeness and validity, and, if the validation process authenticates the documentation, proceed to the preparation of the Deed of Absolute Sale.
131. For properties acquired through Negotiated Sale clearing of ROW shall be undertaken after the ADRI is perfected. The ADRI must be signed prior to the release of full payment for improvements.
132. Expropriation. The power of eminent domain is an inherent and indispensable power of the State. Also called the power of expropriation, it is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method a compulsory sale to the State. (Manapat and Lim vs. Court of Appeals and the National Housing Authority).
133. Expropriation is mandated if a negotiated sale is not feasible, i.e., if within thirty (30) days upon receipt of the proffered price: (i) The owner refuses or fails to accept the price offer, and (ii) The owner fails and /or refuses to submit the required documentation.
134. RA 10752 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 Possession10 upon deposit of the value of the property, which will enable early project implementation.
135. Mechanism and Protocols for Expropriation. Expropriation is the least favorable mode of acquisition for public usage of land as it is based on active compulsory dispossession of private citizens of their significant asset. It represents, and should be the last resort. The ROW Act recognizes the need for public land in national government infrastructure projects and allows the process for the greater common good.
136. The documentation required from the owner to be advised with the Notice of Taking and Final Offer of correspondence are as below:
a) DOTr as IA requests, in writing, the OSG to initiate expropriation proceedings, or to deputize DOTr (as IA) legal officer(s) to initiate expropriation proceedings.
10 Within seven (7) days after the deposit to the court of the amount equivalent to the sum or sums awarded as compensation for the property and after due notice to the defendant, the court shall immediately issue an order to take possession of the property to the IA which shall start the implementation of the project.
25 b) The IA, upon the filing of the complaint or at any time thereafter, and after due notice to the defendant, that it deposited with the court in favor of the owner a total amount comprising: i. One hundred percent (100%) of the value of the land based on the current relevant zonal valuation of the Bureau of Internal Revenue (BIR) issued not more than three (3) years prior to the filing of the expropriation complaint subject to subparagraph (c) of this section of the Act; ii. The replacement cost at current market value of the improvements and structures as determined by: • The implementing agency; • A GFI with adequate experience in property appraisal; and • An independent property appraiser accredited by the BSP. iii. The current market value of crops and trees located within the property as determined by a government financial institution or an independent property appraiser.
The deposit of the provisional value as a prerequisite to the issuance of writ of possession serves double purpose of prepayment if the property is fully expropriated, and of an indemnity for damages if the proceedings are dismissed. It is not yet the final determination of just compensation. c) The Court is required to release the funds to the owner upon sufficient proof of ownership. However, the IA shall deposit the amount to the court if in case the owner of the property cannot be found, if unknown, or deceased in cases where the estate has not been settled, after exerting due diligence, or there are conflicting claims over the ownership of the property and improvements and structures thereon. d) Upon compliance, the ROW Act requires the Court to immediately issue (ex parte) to the IA an Order to take possession of the property (Writ of Possession) and start the implementation of the project. e) If the owner of the property contests the implementing agency’s proffered value, the Court shall determine the just compensation to be paid the owner within sixty (60) days from the date of filing of the expropriation case. This is now the second stage of the proceedings, for the determination of final compensation, which is usually triggered by the appointment of disinterested persons to act as commissioners. In the determination of just compensation with the commissioners, the IA may present and introduce evidence on the properties fair market value.
The Commissioners submit their report and the parties may file comments and objections thereto. However, the report is merely recommendatory, and the court is not bound to accept the same. f) In cases where there are conflicting claims or encumbrances to the title, the IA should request the Court to issue a Notice to all parties to settle their conflicts and differences, including to all heirs to undertake extra-judicial settlement, within prescribed period set by the Court.
The IA may file a motion for reconsideration or appeal the decision of the court. Otherwise, when the decision of the court becomes final and executory, the IA shall pay the owner the difference between the amount already paid and the just compensation as determined by the court. g) A signed Deed of Absolute Sale reflecting the Court’s Decision is required before payment is made. Legal advice on the process should be sought from the case officer representing the IA before the Court.
26 137. With regard to the taxes and fees relative to the transfer of title of the property to the Republic through expropriation proceedings, the implementing agency shall pay the documentary stamp tax, transfer tax under RA 7160 and registration fees, while the owner shall pay the capital gains tax and any unpaid real property taxes as pursuant to Sec. 6(g) of the ROW Act.
138. The owner shall pay the CGT to the BIR within thirty (30) days after the judgment in the expropriation case had become final and executory. The IA shall also pay the DST within five (5) days after the close of the month when the judgment in the expropriation case had become final and executory.
139. For properties acquired through expropriation, the IA can enter the property after the receipt of the Writ of Possession (WOP) issued by the concerned Regional Trial court.
140. Row Acquisition For Other Cases. In addition to donation, negotiated sale, and expropriation as discussed above, other modes of acquisition prescribed under other laws may be implemented.
a) Lands under Commonwealth Act 141. The ROW Act provides that if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title, then the IA shall follow the provisions under Commonwealth Act No 141, as amended, regarding acquisition of ROW on patent lands.
Sec. 112 of Commonwealth Act No. 141, initially provided a twenty (20) meters strip of land easement for public use with damages (compensation) limited to improvements only. In the initial provision, there was no compensation for land easement within the prescribed corridor width.
The twenty (20) meters strip was subsequently increased to sixty (60) meters PD 635, and added infrastructure projects which can benefit from the foregoing land easements such as public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines, airport runways, including sites necessary for similar works that the government or any public or quasi-public service or enterprise, may reasonably require for carrying on their business, with payment of damages for the improvements only.
On June 2, 1978 Sec. 112 was further amended by PD 1361, which authorizes government officials in-charge with the prosecution of projects or their representative to take immediate possession of portion of the property subject to the lien as soon as the need arises and after due notice to the owners. Nonetheless, ownership over said properties shall immediately revert to the title holders should the airport be abandoned or when the infrastructure projects are completed and buildings used by project engineers are abandoned or dismantled, but subject to the same lien for future improvements.
b) ROW Acquisition through Exchange or Barter. In payment of compensation for landed estates acquired by the Government, whether thru voluntary agreement or through expropriation proceedings, the President of the Philippines may convey on behalf of the Republic, with the written consent of the owner of land, in total or partial payment of such compensation, such public land as is disposable by sale or lease to private individuals in accordance with law and such similarly disposable property pertaining to the Republic. c) ROWSA through Easement. Section 10 of RA 10752 states that if a portion of lot needed for the ROW is minimal – that the cost for surveying or segregating the portion from the main lot would be greater than the value of the lot needed – then the
27 implementing agency (IA) may, if the property owner agrees, resort to the mode of Easement of ROW provided under the Civil Code. A ROW easement agreement shall be executed between the property owner and the IA – with the former granting the latter the right to use the affected portion of the lot as ROW, and the owner retaining ownership of the land. Under such cases, the IA shall pay the owner the following: (i) value for the portion of the lot based on the existing zonal value declared by BIR, and (ii) value of the structures and improvements on land based on replacement cost. The IA shall be responsible for the registration of the ROW easement agreements with the Register of Deeds within 10 days from the date of execution, with the Registry of Deeds required to annotate on the Titles the agreements within seven days from receipt of the registration. d) Acquisition of Subsurface ROWSA. If the national government project involves underground works within a depth of fifty (50) meters from the surface, the IA may undertake the mode of acquisition in the following order: i. Negotiate with the property owner a perpetual easement of ROW for the subterranean portions of his property required by the project; and ii. Offer to acquire from the property owner the affected portion of the land, including the affected structures, improvements, crops and trees therein in accordance with the provisions of the Act. e) Acquisition of Non-tidal Lands Requiring Reclamation, Dredging and Development Support Infrastructure. Reclamation is the deliberate process of converting foreshore land, submerged areas or bodies of water into land by filling and other means using dredge fill and other suitable materials for suitable purposes, such as habitation or cultivation. This process does not involve acquiring property from the private sector.
Reclamation initiatives or projects are coordinated and integrated at the national and regional levels of development planning and programming, consistent with established national priorities of the government, and synchronized with development planning, programming, and budgeting.
f) Landowner is a Corporation. For the Acquisition process to proceed for lands owned by a Corporation or a Partnership, the owner must first present a Notarized Resolution of the governing Board, authorizing an officer(s) to execute the Deed of Conveyance. In case of a partnership, the managing partner or any authorized partner should execute the Deed.
The Acquisition process shall proceed upon the submission of the following documents: i. Duly notarized copy of the Resolution from the Corporation or Partners; and ii. Certified true copy of the SEC registration papers.
Once the corporation or partnership have submitted the required documents as mentioned above, acquisition process shall proceed, depending on the decision of the Board or Partners, either through Donation, or Negotiated Sale or Expropriation.
141. Payment Terms. Under Section 4 of RA 8974, the IA shall immediately pay the property owner the amount equivalent to 100% of the value of the property based on the BIR zonal value. Under Section 5 of RA 10752, the IA may now offer, through negotiated sale, the property owner with the compensation price consisting of the sum of the following: (1) current market value of the land; (2) replacement cost for affected structures and improvements; and (3) current market value of crops and trees therein. The amended law likewise mandates the IA to pay for 50% of the negotiated price of the affected land (exclusive of taxes), and 70% of the negotiated price of the affected structures, improvements, crops and trees (exclusive of unpaid real estate taxes) upon execution of the Deed of Sale. This supersedes the 100% (i.e. full payment) requirement indicated in RA 8974.
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142. The balance of 50% for the land and 30% for the structures and improvements shall be paid to the property owner, provided that the land is completely cleared of structures, improvements, crops and trees. A transfer of title would be provided to those whose land is wholly affected and an annotation of deed of sale would be provided to those whose land is partially affected.
143. For donation and negotiated sale, capital gains tax payable from the sale of the land and its improvements shall be paid by the IA for the account of the seller, while the seller shall pay any unpaid real property tax.
144. Appropriations. Under Section 15 of IRR of RA 10752, the government shall provide adequate appropriations that shall cover the funds needed to pay for the following expenses for activities directly related to right of-way acquisition for the national government infrastructure projects in advance of the project implementation. This includes the cost for parcellary surveys and appraisal of project-affected properties, compensation for project- affected land, structures and improvements, including relocation or replacement of compensable utilities, crops and trees.
145. The law also legitimizes the allocation of government budget for the cost of development and implementation of resettlement projects such as social preparation (in accordance with Housing and Urban Development Coordination Council of HUDCC design standards and costings), livelihood restoration and improvement, and other activities under the RAP in coordination with concerned government agencies.
146. Resettlement Action Plan. In accordance with the ROWSAM, the RAP is a document with an associated database that provides a structure for identifying every informal settler interest in the required land which must be addressed to allow complete operational integrity of the required national transport infrastructure into the name of the Republic. Contrary to the LAP, the RAP mentions considerations of compensation for loss of assets of project-affected- persons (PAPs) that were determined to be residing in, carrying on business, cultivating land, or having rights over resources within the ROWSA acquisition area at the proclaimed cut-off date.
147. Parcellary Survey. This involves the determination of the land requirements by formal survey by a qualified, professional geodetic engineer and production of a Parcellary Survey Report containing plans, maps, real property technical descriptors (including identification of ownership and affected parties) with all of the information required for registration of the ROW property into the ownership of the Republic and with any balance (unrequired) land retained in the ownership of the dispossessed owner. This section also states that not all of the processes included in this process of Parcellary Survey require the professional input from the retained geodetic engineer. Instead, other activities such as title searches, collation of survey plans aerial imagery and cadastral mapping, census and tagging requirements arising from the proclamation of the cut-off- date, and negotiation with managing holders of existing public land were cited as such.
148. DOTr Department Order No. 2013-05. The Department Order specifies the composition of the Technical Working Committee for the Acquisition of Sites/Rights-Of-Way for the department’s Infrastructure Projects. It states that no infrastructure project shall be bid out and/or commence unless the acquisition of site and/or ROW of lots affected by the project are determined/settled as certified by the Committee. Under the Guidelines on ROW Acquisition, properties may be acquired through the following modes: donation, quit claim, exchange or barter, negotiated sale or purchase, expropriation or other modes as authorized by law. The Guidelines specify that an ocular of the property to be acquired must be conducted. In addition, lot owners, lot numbers, areas and technical descriptions should be
29 compared against the parcellary map. Proper coordination with LGUs and project-affected persons are likewise required. As part of the guidelines, donation would be explored as the first option. Should the owner disagree, GFIs and/or private appraisers would be requested to conduct the appraisal. More importantly, matters pertaining to relocation shall be coordinated with the pertinent government agencies.
149. Other national laws and policies that impinge on social safeguards are as follows:
(i) RA 9646 - “Regulating the Practice of Real Estate Service (Appraiser) Act” (2010). An act regulating the practice of real estate service in the Philippines, creating for the purpose a professional regulatory board of real estate service, appropriating funds therefore and for other purposes. (ii) Republic Act No. 6685 (1988). Under Section 1 of RA 6685, national and local public works projects funded by either the national government or local government, including foreign-assisted projects must hire at least 50% of the unskilled and 30% of the skilled labor requirements from bona fide and actual residents in the province, city and municipality who are ready, willing and able, as determined by the governor, city mayor, or municipal mayor concerned. In areas where the number of available resources is less than the required percentages provided in the Act, said requirements shall be based on the maximum number of locally available labor resources which fact shall be certified by the municipal, city, provincial or district engineer as sufficient compliance with the labor requirements under the Act. (iii) RA 9285 - “Alternative Dispute Resolution Act” (2003) promotes alternative mechanisms to resolve disputes outside of judicial litigation. ADR system adopts measures such as mediation, conciliation, arbitration, or any combination of it to achieve speedy and efficient means of resolving cases pending before all courts. (iv) RA 9184 - “An Act for Modernization, Standardization and Regulation of the Procurement Activities of the Government” (2003). It is the declared policy of the State to promote the ideals of good governance in all its branches, departments, agencies, subdivisions, and instrumentalities, including government-owned and/or -controlled corporations and local government units. (v) PD 1586 - “Philippine Environmental Impact Statement System” (1978) and AO 42 s. 2002 - “Implementing the Environmental Impact Statement System”. Established an Environmental Impact Statement System founded and based on the environmental impact statement required, under Section 4 of Presidential Decree No. 1151 (1977), of all agencies and instrumentalities of the national government, including government- owned or controlled corporations, as well as private corporations, firms and entities for every proposed project and undertaking which significantly affect the quality of the environment. (vi) Republic Act 8972 or the Solo Parent’s Welfare Act (2000) 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. (vii) RA 8975 - “Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions and for other purposes Act” (2000). Article XII, Section 6 of the Constitution states that the use of property bears a social function, and all economic agents shall contribute to the common good. Towards this end, the State shall ensure the expeditious and efficient implementation and completion of government infrastructure projects to avoid unnecessary
30 increase in construction, maintenance and/or repair costs, and to immediately enjoy the social and economic benefits therefrom. (viii) RA 6957 as amended by RA 7718 (1994) - “An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector” (1990). It is the declared policy of the State to recognize the indispensable role of the private sector as the main engine for national growth and development and provide the most appropriate favorable incentives to mobilize private resources for the purpose. All concerned infrastructure agencies, including government-owned and controlled corporations and local government units, shall include in their infrastructure programs those priority projects that may be financed, constructed, operated and maintained by the private sector under the provisions of this Act. It shall be the duty of all concerned infrastructure agencies to give wide publicity to all projects eligible for financing under this Act, including publication in national newspapers of general circulation once every six (6) months and official notification of contractors registered with them. The lists of all such national projects must be part of the medium-term infrastructure programs of the agencies concerned and must be duly approved by Congress. Local projects funded and implemented by the local government units concerned shall be submitted to the local development councils for confirmation or approval. (ix) Republic Act No. 7277 (1992) is an act providing for the rehabilitation, self- development and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes. 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. 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) Pursuant to Article XV, Section 4 of the Constitution, it is the duty of the family to take care of its elderly members while the State may design programs of social security for them. In addition to this, Section 10 in the Declaration of Principles and State Policies provides: “The State shall provide social justice in all phases of national development”. Further, Article XIII, Section II provides: “The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children.” Consonant with these constitutional principles the following are the declared policies of this Act: a) To motivate and encourage the senior citizens to contribute to nation building; and b) To encourage their families and communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens. In accordance with these policies, this act aims to: 1) Establish mechanism whereby the contribution of the senior citizens are maximized; 2) Adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole; and 3) Establish a program beneficial to the senior citizens, their families and the rest of the community that they serve. (xi) RA 7160 - “Local Government Code of 1991”. As a declaration of policy: (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units; (b) It is also the policy of the State to
31 ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum; and (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non- governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. (xii) EO 292 s.1987 - “Administrative Code of 1987”. Book II Section 1 provides the guiding principles and policies in government. Government power shall be exercised in accordance with the following basic principles and policies: (1) The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them; (2) The State values the dignity of every human person and guarantees full respect for human rights; (3) Civilian authority is, at all times, supreme over the military; (4) The State shall ensure the autonomy of local governments; (5) The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions, in accordance with the Constitution, in Muslim Mindanao and the Cordilleras as may be provided by law; (6) The separation of Church and State shall be inviolable; (7) The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision- making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms; and (8) The powers expressly vested in any branch of the Government shall not be exercised by, nor delegated to, any other branch of the Government, except to the extent authorized by the Constitution. (xiii) EO 125A s. 1987 - Amending Executive Order No. 125, Entitled “Reorganizing the Ministry of Transportation and Communications, Defining its Powers and Functions, and for Other Purposes” (xiv) PD 1533 - “Just Compensation for Immediate Possession in Eminent Domain” (1978). In determining just compensation for private property acquired through eminent domain proceedings, the compensation to be paid shall not exceed the value declared by the owner or administrator or anyone having legal interest in the property or determined by the assessor, pursuant to the Real Property Tax Code, whichever value is lower, prior to the recommendation or decision of the appropriate Government office to acquire the property. (xv) PD 1529 - “Property Registration Decree” (1978). Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system. Courts of First Instance shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. The court through its clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings, exhibits, orders, and decisions filed or issued in applications or petitions for land registration, with the exception of stenographic notes, within five days from the filing or issuance thereof. (xvi) Commonwealth Act 141 (1936) as amended by PDs 631 (1975) and PD 1361 (1978) - “Public Lands 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. Per IRR of RA10752, if the government decides to exercise its right to use the ROW strip reserved for public use within the land acquired under CA No. 141, the owner is required to execute a quit claim. Holders of free or homesteads
32 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. (xvii) Republic Act No. 386 - An Act to Ordain and Institute the Civil Code of The Philippines. Article 141 is real actions over immovable prescribed after thirty (30) years. The provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. Article 1137 of the Civil Code states that an occupant of land, who do not have legal rights to it may legally claim ownership of said land if the real owner did not or was not able to exercise the right of ownership during the prescription period. (In the Philippines, this is equivalent to 30 years). If the said occupant could not fulfil the full prescription period, he can add to the years he has been in possession of the property to those of the previous owner, as long as possession was continuous and uninterrupted. The Civil Code also has details of easements, ownership and ROW in Sections 1-4. (xviii) Republic Act 7192: Women in Development and Nation Building Act. RA 7192 aims to promote the integration of women as full and equal partners with men in development and nation building by granting women, regardless of their marital status, full legal capacity to act and enter into contracts. Section 2 provides that to ensure that the rights of women shall be equal to that of men, it should guarantee the following: (1) that as substantial portion of official development assistance funds received from foreign governments and multilateral agencies and organizations shall be set aside and utilized by the agencies concerned to support programs and activities for women; (2) that all government departments shall ensure that women benefit equally and participate directly in the development programs and projects, specifically those funded under official foreign development assistance; and (3) All government departments and agencies shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein. (xix) Republic Act 9710: Magna Carta of Women. RA 9710 is the Philippine’s landmark legislation on gender equality. It is considered as the comprehensive women’s human rights on women as it embodies all the rights guaranteed by international and local laws to promote, protect, uphold and fulfill women’s human rights. Section 4(d) defines the marginalized sectors as referring to the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system.
Section 19 guarantees the same rights for both spouses or common law spouses in respect of the ownership to properties and resources, whether titled or not, acquisition, management, administration, enjoyment, and disposition of property.
Section 22 provides for the duty of the State to progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality, and guarantee opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospects for personal development and social integration for all men and women.
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Section 37 of the Implementing Rules and Regulations (IRR) provides for the strategies in mainstreaming genders concerns in the planning, budgeting, monitoring and evaluation of programs and projects. These strategies include among others, the following: (1) Allocation and utilization at least 5% of the government agencies, including LGUs, budget to implement gender-responsive programs and projects; (2) Ensuring that 5-30% of funds received from foreign governments and multilateral agencies are in support of gender-responsive programs and projects; (3) Creation and maintenance of Sex-Disaggregated Data (SDD) as basis for gender analysis and gender-responsive planning and budgeting; (4) Integration of gender in National and Local Plans; and (5) Mainstreaming gender in the Program/project Monitoring Framework and System.
(xx) 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.
B. ADB Policies
150. The objectives of the ADB safeguards policy are to avoid involuntary resettlement 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.
151. The involuntary resettlement safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether 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.
152. 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. Affected persons (AP) and/or affected households (AH), 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.
153. 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
34 entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. (iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas 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 nonland 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
35 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.
154. Other Policies. The ADB policy on gender and development adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring 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 (2012) and Accountability Mechanism (2012).
C. Gap Analysis
155. Based on the National laws and policies enumerated in the above section and those of the ADB SPS, Table 12 summarizes the gap-equivalence and provides for gap-filling measures. Table 12: Gap-Equivalence Matrix of National Laws with ADB SPS 2009 Government of the No Issue ADB Gap Gap Filling Measure Philippines 1 Compensation APs who have neither APs without legal APs without legal APs who do not have legally for non-land formal legal rights nor entitlement to affected land rights to affected recognized right to the assets for recognizable claims to will be eligible for land are potentially affected land but who occupy those without affected land they compensation for ineligible for the project affected area prior recognized occupy are to be structures and compensation for to the cut-off date are eligible legal rights to compensated for the improvements with non-land losses if for compensation for affected affected land. loss of assets other following criteria: they are classified non-land assets and than land, and for other a. Must be a Filipino as professional improvements, other than improvements to the citizen; squatters or land, at full replacement cost. land, at full b. Must not own any real members of This includes those that do not replacement cost, property or any other squatting meet the criteria within the provided they occupied housing facility, syndicates. Laws of the Philippines, with the project area prior to whether in an urban or the exception of “Squatting the project cut-off date. rural area; syndicates” as defined in c. Must not be a section 3 of RA 7279 and who professional squatter or are certified by HUDCC and or a member of a other Government Agency squatting syndicate, as (PNR, LGU among others) as defined in R.A No. such will not be eligible for 7279, otherwise known compensation. as the "Urban Presence in the project Development and affected area at cut-off date to housing Act of 1992"; be validated through census and validated by the (Section 5(b) of RA respective Local Housing 10752)11 “Squatting Office (LHO) or the Local syndicates” as defined in Inter-Agency Committee section 3 of RA 727912 will (LIAC), in the absence of the not be eligible for former. compensation or assistance. All aspects of the RP will be covered by adequate Under Section 15 of IRR of government appropriations. RA 10752, the government shall provide adequate appropriations including the cost of development and implementation of resettlement projects,
11 Section 6.6 of IRR of RA 10752 includes additional criterion that PAPs must not occupy an existing government ROW. However, this criterion is not supported in RA 10752 itself. 12 "Squatting syndicates" refers to groups of persons engaged in the business of squatter housing for profit or gain
36 Government of the No Issue ADB Gap Gap Filling Measure Philippines including planning, social preparation, provision of basic services, community facilities, livelihood restoration and improvement and other activities in the resettlement action plan. 2 Payment of The rate of RA 10752 requires for the Payment of capital Payment of CGT may be paid capital gains compensation for property owner to pay the gains tax by PAP if by the IA after the ruling by the tax on land acquired housing, land capital gains tax in land is expropriated court in expropriation cases. acquired and other assets will be expropriation proceedings is inconsistent with Prompt and complete through calculated at full in order to incentivize and principle of disclosure of the advantages expropriation. replacement costs. promote negotiated sale. replacement cost. of Negotiated Sale over The calculation of full Expropriation Proceedings (As replacement cost will Under negotiated sale, the provided for by R.A. 10752) be based on the IA shall pay for the shall be made during conduct following elements: (i) account of the seller, the of the 2nd Stakeholder fair market value; (ii) capital gains tax, as well Consultation Meeting (SCM) transaction costs; (iii) as the documentary stamp to wit: interest accrued, (iv) tax, transfer tax, and Negotiated Sale Advantages: transitional and registration fees. The (i) Outright offer for land price restoration costs; and property owner will pay will be based on fair (v) other applicable any unpaid real property market value payments, if any. tax. (ii) Payment of CGT shouldered by Under expropriation Implementing Agency proceedings, the IA shall (DOTr) pay the documentary (iii) Shorter process (2-6 stamp tax, transfer tax, months if all required and registration fees, while documents are complete) the owner will pay the Expropriation Proceeding capital gains tax and any Disadvantages: unpaid real property tax. (i) Initial payment for land based on BIR zonal value and owner needs to present documentary evidence during court hearings to prove that value should be higher (ii) Owner needs to hire lawyer (iii) Longer process (may take a year to several years before decision of court for payment of just compensation in favor of the owner becomes final and executory) and orders DOTr to pay the owner the difference. APs may still revert from expropriation to negotiation at any point in time before the last day of filing for Motion of the expropriation case. In case the Expropriation Case has been filed in Court: The plaintiff (DOTr) can withdraw the case any time before the filing of the answer by the defendant (APs) (Section 1(h) Rule 16 of the 1997 Rules of Court on Civil Procedures). If the answer has
37 Government of the No Issue ADB Gap Gap Filling Measure Philippines been filed there has to be a joint filing by DOTr and owner to withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures). In both cases, the acquisition mode would revert back to Negotiated Sale, which will entitle the owner to payment at current market value for land (as indicated in DOTr’s letter offer), free of taxes, including CGT, and registration fees in accordance with Section 5(c) R.A. 10752, replacement cost for structures and improvements, and market value for crops and trees under Section 5(a) R.A. 10752. 3 Payment of All compensation and Under RA 10752, in the Gaps on timing for The APs will not be displaced compensation assistance should be mode of negotiated sale, payment, and for until after they have been paid and provided prior to APs will be paid in two expropriation in full the compensation and assistance displacement. installments for their cases, the need to applicable allowances due to prior to affected properties. The provide proof of them. displacement balance in compensation ownership to the for the land will only be courts prior to For negotiated sale the paid after the deed of sale payment. following arrangements will be has been completed. The applied: balance of payment for - For structures: DOTr to pay improvements will be paid 100% prior to being to the APs only after the displaced. Payment of acquired lands have been compensation for structures cleared of all and improvements may be improvements (i.e., held in abeyance for structures, trees, and participants of socialized crops). housing program or used as an advance payment on their In the mode of amortizations at the APs expropriation, an initial request until the relocation compensation at an site and socialized housing amount computed at 100% accommodation becomes of lot price based on latest available. Bureau of Internal - For land: For Full/ Severe Revenue (BIR) zonal value impacts - 1st installment of for land, replacement cost 50% by DOTr remaining for structures and 50% is paid to APs when improvements, and market land is officially transferred; value for crops and trees for partial/ marginal land in the form of a check will taking, remaining 50% is be deposited to the court paid to APs upon annotation in favor of the owner upon of the Title on sale of portion filing of expropriation case of land; but no displacement by DOTr. The Court will nor civil works to commence immediately issue an order until such transfer is effective to take possession of the and balance paid. property and start implementation of the In negotiated sale cases project (Section 6(a) R.A. where APs are willing to sell 10752). While the court their property but will take adjudicates the more than 30 days to submit compensation to be paid, required documents, DOTr the PAPs may, at any time shall provide necessary request the court to assistance to the extent release such deposit upon
38 Government of the No Issue ADB Gap Gap Filling Measure Philippines presentation of proof of possible, to help APs to ownership (Section 6(a) secure the paperwork. R.A. 10752). In cases wherein PAPs need to undergo Extra Judicial Settlement (EJS)13 for the paperwork, the DOTr shall assist them through the Help Desk so that they can complete title segregation prior to issuance of offer to buy (OTB)14, and thus can be eligible for negotiated sale.
In cases wherein the APs with EJS case is assisted but could not be finished prior to issuance of OTB, expropriation case shall be filed while the EJS is still being processed. The APs can, at any time, request the court to release the initial payment deposited to the Court upon submittal of proof of ownership. The AP will have the choice of accepting the check for BIR Zonal value for the land and replacement value for structures and improvements, and market value for crops and trees and await the courts findings, or once the EJS is completed, a joint motion in the court for a compromised judgement can be filed and the acquisition goes back to negotiated sale. In such cases, the DOTr shall pay to the PAPs the difference between the initial payment released by the court and the market value indicated in the OTB.
In effect:
1. Compensation, transitional support and resettlement assistance will be provided in full to affected persons prior to displacement, land clearance and commencement of works in any affected areas.15
13 In cases when the original owner, whose name is on the title, has already died and did not leave any last testament as to who will inherit his property, the heirs have to undergo extra judicial settlement (EJS) so that the original title can be subdivided among them. Otherwise the agency tasked to acquire ROW cannot compensate them. 14 This can be achieved through early issuance of the Notice of Taking to property owners. 15 During implementation assistance will consist of DOTR linking APs with existing government programs, such as but not limited to: (i) the Department of Trade and Industry (DTI) Pondo Para sa Pagbabago at Pag-Asenso (P3); (ii) the Department of Labor and Employment (DOLE) Nego-Kart (Negosyo sa Kariton) for the displaced ambulant vendors; and (iii) the Department of Social Welfare and Development through 4Ps and the Social Pension Program for Indigent Senior Citizens (SPISC).
39 Government of the No Issue ADB Gap Gap Filling Measure Philippines 2. 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, DOTr 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. 4 Severity of If the residual portion is No specific law prescribes No current If the residual portion is 20% loss of 20% or less16 or if the acquisition of remaining Government policy or less or if the residual property after residual portion is no unviable portion of the on this issue. portion is no longer viable for which the longer viable for use acquired property. 17 use according to original entire property according to original purpose, the entire property will be purpose, the entire will be acquired taking also the acquired. property will be wishes of the AP into acquired. consideration. 5 Income The borrower/client will Requirements for ADB guidelines are Income restoration and restoration include detailed supplementary assistance more specific livelihood improvement and livelihood measures for income or training to certain regarding measures need to be improvement restoration and categories of APs. objectives of designed in consultation with livelihood improvement However, the requirements restoring income APs and be adequately of displaced persons in do not have specific earning capacity resourced to restore income the resettlement plan. objectives to restore and include those earning capacity of all APs Income sources and income earning capacity whose income whose livelihoods are affected livelihoods affected by and are limited in scope generation and improve income earning project activities will be and application. resources are capacity of vulnerable APs. restored to pre-project severely affected. levels, and the Nonetheless, IRR of Affected vendors/hawkers/ borrower/ client will RA10752 states that ambulants shall be entitled to make every attempt to government appropriations livelihood restoration improve the incomes of should be available to assistance to include for the displaced persons so implement the cost of vulnerables. that they can benefit development and from the project. For implementation of The effectiveness of the vulnerable persons and resettlement projects, and income restoration and households affected, may include livelihood livelihood improvement the resettlement plan restoration and activities will be monitored and will include measures improvement activities. reviewed. to provide extra assistance so that they All 98 affected vendors shall can improve their be entitled to livelihood incomes in comparison restoration assistance and with pre-project levels. transition support. The resettlement plan
16 Based on the World Bank Involuntary Resettlement Sourcebook, if more than 80% of holdings is acquired, or if residual holdings no longer economically viable, owner shall have the option to sell the residual land 17 The DPWH Land Acquisition Resettlement Rehabilitation and Indigenous Peoples Policy (LARRIPP) 3rd Ed. Series 0f 2007 provides that if portion of the property to be affected is more than 20% of the total land area or even less than 20% if the remaining portion is no longer economically viable or it will no longer function as intended. The owner of this property (land or structures, etc.) shall be entitled to full compensation in accordance to RA 8974. The DPWH LARRIPP 2007 is dated, being based on RA 8974, which has been superseded by R.A. 10752.
40 Government of the No Issue ADB Gap Gap Filling Measure Philippines will specify the income and livelihoods restoration strategy, the institutional arrangements, the monitoring and reporting framework, the budget, and the time-bound implementation schedule. 6 Transitional In the case of Section 10(c) of R.A. Although there are Transitional support for assistance physically displaced 10752 provides that the no specific laws medium to large businesses and persons, provide cost of development and and guidelines during the period while APs compensation transitional support and implementation of which mention the are resettling and re- for lost development resettlement projects transition period, establishing their livelihoods income. assistance, training, or covered by the Act, entitlements will be provided aimed at employment including planning, social relating to this may stabilizing their living opportunities; and preparation, and other be lumped under standards. opportunities to derive activities under the “livelihood appropriate resettlement plan shall be restoration and Cash compensation to cover development benefits provided adequate improvement and income losses during from the project. appropriation to cover the other activities transition period funds needed for such. under the corresponding to stoppage of In cases where land resettlement plan” business/ commercial acquisition affects Section 15 of the IRR of as provided by the activities, but not exceeding commercial structures, RA 10752 further states latest ROW law and six-month period. For APs affected business that when necessary the its IRR. who are owners of commercial owners are entitled to development cost establishments and are (i) the costs of described above may In the Philippine leasing space from property reestablishing include provision of basic laws, there is no owners commercial activities services and community provision for a. For those who will continue elsewhere; (ii) the net facilities, livelihood compensation for with their commercial income lost during the restoration and loss of income for activities elsewhere, rental transition period; and improvement and other medium to large subsidy for three (3) (iii) the costs of activities under the businesses. months based on transferring and resettlement plan in prevailing average monthly reinstalling plant, coordination with rental for a similar machinery, or other concerned government structure of equal type and equipment. agencies. dimension to the property being leased. Not For APs whose structures applicable to lease are severely affected and contracts that will expire business/ income will be within three (3) months at affected, the DPWH the time of taking; LARRIP (2003) provides b. Cash compensation to for rehabilitation cover transactional (e.g., assistance with an amount permitting) cost of not more than P15,000 reestablishing the business (based on the tax record elsewhere; for the business activities) APs who are owners of micro and small businesses with or without permits from the LGU concerned: a. Cash compensation to cover income losses during transition period corresponding to stoppage of business activities, but not exceeding six-month period; b. Cash compensation to cover transactional (e.g., permitting) cost of
41 Government of the No Issue ADB Gap Gap Filling Measure Philippines reestablishing the industry elsewhere; c. Assistance in securing soft loan to enable self- rehabilitation for those restarting business elsewhere. d. Participation in the Livelihood Restoration and Improvement Program For APs who are leasing space from property owners who can continue with their micro-small business activities elsewhere, rental subsidy for three (3) months based on prevailing average monthly rental for a similar structure of equal type and dimension to the property being leased.
All 98 ambulant vendors shall be entitled to livelihood restoration assistance and transition support. 7 Disclosure of ADB Policy is to make The NEDA ICC does not Accessibility of the The RP shall be prepared and the RP the RP accessible to require the RP to be made RP to stakeholders. accessible to the public the Public through its available to public. through the ADB and DOTr website before Loan websites. Agreement Salient information from the RP will be disclosed to APs prior to and following finalization during stakeholder consultation meetings. 8 Grievance Appropriate and Republic Act 9285 ADR system is An effective and accessible redress accessible grievance (Alternative Dispute promoted by RA grievance redress mechanism mechanism mechanisms must be Resolution (ADR) Act of 9285 but it does not will be established for the established for the 2004) was meant to stipulate the project to resolve disputes affected people and promote alternative grievance redress outside the judicial system. their communities. mechanisms to resolve mechanism. There Prior to start of right-of-way disputes outside of judicial are no specific laws acquisition19 (ROWA), DOTr litigation, and to provide that stipulate the will link to the existing help the means for using ADR grievance redress desk/hotline to address the as an effective tool. ADR mechanisms in the concerns of APs pertaining to system adopts such Philippines.18 RP and ROWA. A database of measures as mediation, APs’ concerns, actions taken, conciliation, arbitration, or referrals made, and resolution any combination of it to status of said concerns shall achieve speedy and be developed and maintained efficient means of by DOTr. resolving cases pending Once the ROWA commences, before all courts. GRM is triggered and the help desk/hotline. 9 Establishment Affected people are to Requirement under RA No specific A census and socioeconomic of cut-off date be identified and 7279 and its IRR for LGUs requirement for cut- survey is conducted for the for eligibility to recorded as early as to conduct inventory of off date. affected areas to prepare the entitlements. possible in order to their ISFs. RP.
18 In terms of guidelines, Section 3.4 Tracking and Monitoring Implementation of Grievance procedures of the DPWH LAPRAP Tracking Manual of 2003 may be used as reference. 19 Onset is marked by the sending of the Notice of Taking by DOTr.
42 Government of the No Issue ADB Gap Gap Filling Measure Philippines establish their eligibility through an initial The conduct of survey and For informal settlers/ baseline survey tagging are established vulnerable sector, the cut-off (including population practice by the Urban Poor date is set on the beginning census, asset Affairs Office (UPAO). date of the census and inventory, and Section 4 of the IRR for tagging. The cut-off date is socioeconomic survey). Registration of Socialized publicly disclosed during the Housing Beneficiaries 1st stakeholder consultation The borrower/client will states that the city/ meeting in the project affected establish a cut-off date municipal government areas. for eligibility. shall be primarily Information regarding responsible for carrying Date of Notice of Taking will the cutoff date will be out the registration of be the cut-off date for formal documented and underprivileged and property owners. disseminated homeless families within throughout the project their respective area. jurisdictions. 10 Voluntary land Voluntary donation will Voluntary land donations Voluntary land Voluntary donation under this donation be an act of informed are permitted. donations are a project may be an option to consent and APs will mode of land negotiated sale and APs will not be forced to donate acquisition for the not be forced to donate land or land or other assets project. other assets with coercion or with coercion or under under duress. Any voluntary duress. donation will be confirmed through written records and verified by an independent third party.
D. Project Policies
156. The Project shall, under the aegis of DOTR, uphold legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements. The resettlement policy principles for the Project are thus as follows:
(i) Screen subproject components during early stages to identify involuntary resettlement impacts and risks. These impacts and risks must be minimal. (ii) Conduct culturally appropriate and gender-sensitive social assessment to assess potential impacts on APs and concerned NGOs. Inform all APs on potential impacts because of the project and ensure their participation in the project cycle. (iii) Conduct meaningful consultations with APs to solicit their participation across the project cycle to avoid adverse impacts or when avoidance is not possible, to minimize, mitigate, or compensate for such effects. (iv) Improve or at least restore the livelihood of APs through (a) land-based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; and (c) prompt compensation at full replacement cost for lost assets that cannot be restored. (v) APs shall be involved in resettlement planning based on the social assessment, and this RP to at least restore the livelihoods of all APs, especially vulnerable groups so that the living standard of APs do not become worse off compared to pre-project levels. The plan shall ensure appropriateness of the GRM, AP entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs with appropriate assistance. (vi) APs 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 headed households, the elderly and other vulnerable persons.
43 (vii) Voluntary donation will be an act of informed consent and APs will not be forced to donate land or other assets with coercion or under duress. Any voluntary donation will follow provisions of this RP and be confirmed through written records and verified by an independent third party. (viii) Aside from this RP, disclose any social safeguards planning documents (like corrective action plan and other action plans) and ensuing updates to the APs and other stakeholders in an accessible place and a form and understandable language. (ix) Land acquisition, resettlement, and related action 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. (x) Civil works and/or restrictions to use of land resources will not commence unless APs are fully compensated and all other entitlements provided. (xi) Monitor implementation of this RP; monitor and assess resettlement outcomes, their impacts on the standards of living of APs. (xii) Disclose monitoring reports as uploaded on to ADB and DOTR websites; and to the project sites specifically the affected communities/persons, in summary form. (xiii) Should unanticipated involuntary resettlement impacts be determined during project implementation, DOTR will ensure the conduct of a social impact assessment and update this RP.
1. Voluntary Land Donation
157. Donation Under the ROWSAM. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it (Art 725, New Civil Code (NCC)). Sec. 5 of the ROW Act Implementing Rules and Regulations (IRR) allows the IA to explore donation by the property owner (which may be a private person / corporation or government agency or corporation) of the required whole (or a portion) of the affected property (with or without improvements).
158. Capacity of the donor to donate must be determined as of the time of making the donation. (Art. 737, NCC). Art. 739, (NCC) disqualifies donations made by the following:
(i) Minors (who cannot donate because they cannot give consent to a contract as stated in Article 735 in relation to Article 1327 of the NCC) (ii) Insane or demented persons, and deaf-mutes who do not know how to write (such persons may not donate because they cannot give consent to a contract as stated in Article 735 in relation to Article 1327 of the NCC. Under Article 800 of the NCC, the law presumes that every person is of sound mind, in the absence of proof to the contrary). (iii) Persons guilty of adultery or concubinage at the time of donation. The spouse of the donor may declare the action of donation null and void. (iv) Persons found guilty of the same criminal offense, in consideration thereof, and (v) Public officers and his/her spouses, descendants or ascendants, by reason of his/her office.
159. The unconditional Deed of Donation is always inter-vivos in that a transfer or gift made during one's lifetime, as opposed to a testamentary transfer (a gift that takes effect on death) under the subject of trust. Sec. 5, IRR of the ROW Act requires that in case the donor is an individual, the Deed of Donation must contain a clause to the effect that the “Donation is made not to defraud the donor’s creditors, and that the donor has, if necessary, reserve for himself enough property for his family subsistence, sustenance, and support.”
44 160. Donation Under ADB. Voluntary land donation is beyond the scope of the ADB SPS 2009. Due diligence will have to be observed to avoid adverse impacts on APs and possible reputational risks to ADB. The following will thus have to be conducted:
(i) Verify that the donation is in fact voluntary and did not result from coercion, using verbal and written records and confirmation through an independent third party such as a designated nongovernmental organization or legal authority; and (ii) Ensure that voluntary donations do not severely affect the living standards of affected persons and benefit them directly. (iii) Ensure the AP is aware of the fair market value of the asset prior to donation.
161. Donation Under this RP. Donation under this project may be an option for the donor, corporate or private, to negotiated sale and will observe the below stipulations:
(i) DOTr to ascertain that the private donor-household’s remaining assets can insure for its living standards, and that the private donor-household does not become worse off compared to pre-project levels; (ii) DOTr will regularly inform ADB of potential areas for land donations; (iii) Impacts do not result in displacement of households; (iv) The households making voluntary donation are direct beneficiaries of the project; (v) Donated land is free from any dispute on ownership or any other encumbrances; (vi) Consultations with landowners who may consider to donate land are conducted in a free and transparent manner as documented by an independent third party; (vii) Land transactions are supported by transfer of titles; and (viii) Landowners making voluntary donations are aware of the fair market value of the land.
2. Expropriation
162. While expropriation is an option under the ROWSAM as upheld by the Republic Act, the project will aim to avoid cases of expropriation. Should expropriation be unavoidable, an initial compensation at an amount computed at 100% of lot price based on latest Bureau of Internal Revenue (BIR) zonal value for land, replacement cost for structures and improvements, and market value for crops and trees in the form of a check will be deposited to the court in favor of the owner upon filing of expropriation case by DOTr. The Court will immediately issue an order to take possession of the property and start implementation of the project (Section 6(a) R.A. 10752).
163. DOTr can withdraw the case any time before the filing of the answer by the defendant (owners). If the answer has been filed there has to be a joint filing by DOTr and owner to withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures). In both cases, the acquisition mode would revert back to negotiated sale, which will entitle the owner to payment at current market value for land (as indicated in DOTr’s letter offer), free of taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops and trees. If no motion to dismiss as above described is filed, expropriation proceeding will continue. Once the court decision becomes final and executory acquisition mode (expropriation) cannot revert back to any other mode.
164. Where the AP agreed to the negotiated sale, but was unable to gain the necessary documents to show proof of ownership, DOTr may pursue a joint motion in the court for a compromised judgement reflecting the agreed amount – on a case-by-case basis and in good faith.
165. DOTr will provide assistance to APs whose lands will be subjected to Extra Judicial Settlement (EJS) prior to the issuance of the Notice of Taking (NoT). Early issuance of the
45 NoT is highly recommended for APs to have enough time to complete/progress EJS process prior to issuance of the Letter Offer to Buy, which only gives them 30 days to accept offer, after which expropriation proceedings can commence. If APs are unable to complete the EJS before the expropriation proceedings are heard by a court, DOTr will pay the just compensation as determined by the court, and may likewise pay for any required taxes including CGT, except for any unpaid RPT.
166. 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, DOTr 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.
VII. COMPENSATION, ASSISTANCE, AND VALUATION
A. Affected Persons and Eligibilities
167. Affected Persons. Refers to entities (Government, private individual and corporate) and vendors, ambulant or semi-sedentary, who are displaced (physical or economic) as result of project impacts. Such impacts may be permanent or temporary.
168. Eligibility. The various types of APs particular to the project are qualified below:
(i) Landowners and Land Users a. Legal owners (e.g., 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 sedentary vendors, who have no land title or tax declaration or other acceptable proof of ownership c. Renters (iii) APs with Trees a. Owners of 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 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 - Owners of registered or unregistered shops, regardless of land tenure status, whose business operation will be disrupted temporarily or permanently due to the project.
169. Cut-off Date. A census and socioeconomic survey is conducted for the affected areas to prepare the RP. In this Project, the cut-off date of eligibility for project entitlements is as follows:
(i) For informal settlers and/or the vulnerable sector, the cut-off date is set on the beginning date of the census and tagging which is 19 May 2019, the start of the
46 social surveys to determine losses. The cut-off date was publicly disclosed during the stakeholder consultation meeting on 16 May 2019; (ii) For the formal property owners, the date of the Notice of Taking shall be the cut- off date.
B. Entitlements
170. 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 groups. DOTR will offer to the property owner concerned, as compensation price, the sum of: (i) the current market value of land (ii) the replacement cost20 of structures and improvements and (iii) the current market value of crops and trees.
171. Article III, Sec. 9 of the Constitution states that: “Private property shall not be taken for public use without just compensation.” The ROWSAM thus expounds that “compensation should be fair to both the dispossessed interests and the national taxpayers funding the infrastructure required for the economic development of the nation. This means that citizens losing their land and assets should be reinstated to a circumstance equal to their previous state and with recognition of any significant transitional disruption. They have no right to have their circumstance enhanced but to reiterate citizens have a right to reinstatement to a circumstance no worse than before their loss.”
172. A range of entitlements is provided in Table 13. Per ROWSAM, the parcellary survey data will be used towards finalization of asset valuation and entitlements after validation by DOTr. However, the entitlement matrix below shall be upheld as it provides for every entitlement that must be satisfied under principles laid out in this RP and Philippine legislation to allow transfer of the required (and now identified and valued) land and assets into the ownership of the Republic. Table 13: Compensation and Entitlement Matrix 1. Loss of Land Entitlement for Marginal/Partial Entitled Person Entitlement for Severe/Full Impact Impact 1a APs who have full title being Cash compensation for loss of Cash compensation for portion of Original Certificate of Title (OCT) land at full replacement cost land at full replacement cost or Transfer Certificate of Title computed at current market computed at current market value, (TCT). value, free of taxes, including free of taxes, including CGT, DST, 1b For untitled land, APs who can capital gains tax (CGT), transfer tax, and registration fees, present: (a) Tax Declaration documentary stamps tax (DST), except RPT arrears. showing his and his predecessors’ transfer tax, and registration open and continuous possession fees, except Real Property Tax Easement Agreement: If the of the property for at least 30 (RPT) arrears. portion of a lot required for a ROW years, (b) a certification from the is minimal, such that the expenses DENR that the land is alienable for surveying or segregating that and disposable, and (c) other portion from the main lot would be documents that may show proof of more than the value of the part of ownership (RA 10752). the lot needed, the DOTr may, if the owner agrees, resort to the mode of easement of ROW (Title VII, Chapters 1 and 2 Civil Code of the Philippines). In this case, cash compensation for the value of the portion of the land subjected to
20 Replacement Cost — refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices.
47 1. Loss of Land Entitlement for Marginal/Partial Entitled Person Entitlement for Severe/Full Impact Impact easement agreement computed at latest BIR zonal value, with owner retaining ownership of said portion of land (Article 630, Chapter 1, R.A. 386/ Civil Code of the Philippines). 1c APs whose properties are Same as above, but check DOTr to request Mortgagor to mortgaged payment will be split into as segregate the portion of the property follows: to be acquired for ROW from the rest 1. For mortgagee APs – Full of the property. replacement cost as defined 1. Full replacement cost for portion above, less remaining of the mortgaged property to be amortization; acquired, less remaining 2. For Mortgagor – Remaining amortization; amortization amount, 2. Pay Mortgagee the remaining computed based on original amortization amount needed to amount of principal, less release portion of mortgaged interests for remaining property amortization period Implementation Considerations: There are 3 AP corporate full ownership status to be determined at DED after parcellary survey; DOTr to pay 50% of compensation upon execution of the Deed of Absolute Sale, and the remaining 50% at the time of issuance of a new title in favor of DOTr but before displacement/clearing can begin. DOTr to notify property owners early to enable time to gather necessary paperwork as proof of ownership. If the original patent granted under CA 141 has been subject to Government exercise or lien, it cannot be subject to lien a subsequent time. APs can request DOTr to pay the RPT arrears in advance to the LGU. This amount will be deducted from the compensation payment, except when the arrears is higher than the total compensation amount. APs who need to settle RPT arrears of significant amounts will be included in the Livelihood Restoration and Improvement Program to enable them to rebound from settling arrears and cover the basic needs of the household.
2. Loss of income/Livelihood Entitled Person Entitlement 2a 98 Vendors: ambulant and sedentary.21 In consultation with affected vendors, assistance for loss of income/livelihood will be extended through the identification of, and transportation to, an alternative site to continue economic activity, e.g. assistance in (a) shifting to areas within the same LGU where there is no construction and/or (b) identify alternative sites to sell.
Affected vendors shall also qualify for either of the following: for loss of business income, transitional support and livelihood restoration assistance.22
3. Loss of Public Land and Structure Entitled Person Entitlement 3a 11 parcels of land and 102 community Compensation between agencies based on mutual agreement. infrastructure under Government Agency/ Local Government Unit (LGU) on public land.
4. Loss of Non-Land Assets and Improvements Entitled Person Entitlement 4a Owners of fruit and timber trees Cash compensation at replacement cost for affected fruit and (regardless of ownership status of timber trees. affected land).
21 Pertains to itinerant vendors who move from place to place to sell goods/services. 22 See Footnote 15.
48 4. Loss of Non-Land Assets and Improvements Entitled Person Entitlement 4b Owners of other affected non-land Compensation at replacement cost for affected non-land assets assets and improvements (not and improvements (not mentioned in 4a). mentioned in 4a). Implementation Considerations: While there are 2 affected trees on public land, no ownership established at FS stage. Should ownership be established at DED, the determination of replacement cost of trees will take in to account age and productivity of the tree. Compensation rates determined by the replacement cost study and informed by values prescribed by the Department of Agriculture (for fruit trees) or Department of Environment and Natural Resources (DENR) for timber trees. Coordination with land owners to advise them regarding the schedule of clearing.
5. Additional Hardship Due to Vulnerability Entitled Person Entitlement 5a 19 APs who are classified as any of the Inconvenience allowance in the amount equivalent to Php 10,000 following vulnerable groups: poor per household. (based on the poverty income threshold), elderly and women headed Rehabilitation assistance in the form of skills training and other households, homeless, and persons development activities with the value of up to Php 15,000 will be with disabilities. provided in coordination with other government agencies.
Support and/or maintain access to government welfare programs. Inclusion in the Livelihood Improvement Program.
6. Temporary Impacts due to Construction Entitled Person Entitlement 6a APs who have legal rights to the land. Restoration of land within 3 months of completion of use. 6b APs without legal rights to affected land Compensation for affected non-land assets at full replacement but owners of affected non-land assets. cost. Cash payment for rent of the affected land at prevailing rental rates in the location of the property until the property is restored. 6c Severance impacts/ barrier effect The project will provide for crossings and continued access. during construction disrupting lateral movement (access). Implementation Considerations: There are 60 affected establishments of which 11 have legal rights to land. Contractors, per EMP, will be responsible for the arrangement and payment of land rent, restoration of land and compensation for non-land assets. Contractors will also be responsible for restoration of land and compensation for non-land assets.
7. Unanticipated Involuntary Resettlement Impacts Entitled Person Entitlement 7a Eligible affected persons. Entitlements will be prepared in accordance with the ADB Safeguard Policy Statement and applicable national laws and regulations (including requirements for preparation of corrective action plan and other related documents for ADB to review and approve). Implementation Considerations: Entitlements to be prepared in such circumstances are subject to approval of the DOTr and concurrence by ADB.
C. Valuation and Replacement Costs
173. At detailed engineering design stage, the DOTR will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by: (i) the Bangko Sentral ng Pilipinas (BSP) or (ii) a professional association of appraisers recognized by BSP to provide valuations of the land, assets, structures and improvements, crops and trees as appropriate noting the provisions of Secs. 6 and 12 of the IRR. A sample terms of reference for appraisal service as taken from the ROWSAM is provided in Appendix 6.
49 1. Compensation for Land
174. The compensation offer for land will be at current market value at the time of taking. The cost for land23 compensation is computed through:
(Land area X Price / m2 based on BIR zonal value) X (NEDA inflation rate + contingencies)
175. Based on the inventory, only 460 m² of land belonging to three private corporate entities will be subject to valuation and eventual compensation as all other lands (1,650 m²) are public/government and therefore compensation between agencies shall be based on mutual agreement. Sans baselines and services of an independent appraiser, valuation is based on BIR zonal values24 as averaged between residential (PhP 30,000/m²) and commercial (PhP 75,000/m²) land values resulting to PhP 52,500/m². The total value therefore of 460 m² is PhP 24,150,000.00 for the three parcels of land belonging to private corporations.
176. Based on ICC-CabCom Meeting on October 28, 2011, a directive was issued that the contingency cost should not exceed 10 percent. The NEDA Inflation is taken from the 2018 Average NCR Inflation, which is 5.5%. Factoring in NEDA inflation rate and contingency cost, total land value is PhP 27,893,250.00
177. Transaction costs for land acquisition shall be shouldered by DOTr as follows:
(i) Capital Gains Tax25 (6%) (ii) Documentary Stamp Tax26 (1.5%) (iii) Transfer Tax27 (75% of 1%) (iv) Registration Fee28 (.25%)
178. Final cost therefore is PhP30,264,176.25. The owner will pay any unpaid real property tax.
2. Compensation for Structures and Improvements
179. There are 102 community structures. Per entitlement, compensation shall be between agencies based on mutual agreement inasmuch as the structures belong to Government Agencies/LGUs on public land.
3. Compensation for Trees
180. While there are two (2) trees along the sidewalks of Cubao Station, these could not be confirmed as to ownership. Treatment for damaged trees shall be addressed through the Environmental Management Plan of the project.
4. Relocation of Public Utilities
23 Residential, Commercial, Industrial, and Agricultural. 24 https://www.bir.gov.ph/index.php/zonal-values.html#rr6 RDO No. 51 Zone 3. 25 Capital Gains Tax: equivalent to 6 percent of the selling price on the Deed of Sale or the zonal value, whichever is higher. 26 Commonly set at 1.5 percent of the selling price, or its zonal value or fair market value, depending on which is higher. 27 Transfer Tax (Local Treasurer’s Office): this is tax is imposed on the sale, barter, or any other mode of transferring of ownership or title of real property, at the maximum rate of 50 percent of 1 percent (75 percent of 1 percent in the case of cities and municipalities within Metro Manila) of a property’s worth. 28 Commonly set at 0.25 percent of the selling price, or zonal value or fair market value, depending on which is higher.
50 181. The process of removal of utilities from the site is important to protect public safety and to eliminate any risk and responsibility from DOTR as manager of the site. Identification of all utility infrastructure is done at the DED Phase and is appropriately addressed by negotiation.29
182. Independent of this RP, DOTr is in separate consultations with public utility companies to address relocation of electric and telecommunication lines in the right of way of national government infrastructure projects. The parties, through a Memorandum of Agreement (MOA), agree to shoulder adjustment costs based on actual relocation costs.30
183. In particular, Meralco and DOTr signed a MOA in May 2019 for the relocation of electric posts31, which are located along the right of way of projects such as the LRT-1 Cavite Extension, Common Station, MRT-7, North-South Commuter Railway System and PNR South Long Haul. The MOA with DOTr will provide the project alignment to enable the power distribution firm to file a petition before the Energy Regulatory Commission to seek for the approval of its capital outlay on the clearing and relocation of its power facilities that could be traversed by the railway projects.
5. Temporary Impacts to Property
184. The 60 property owners who will incur temporary impacts during construction (for use as access road, for soil dumping, borrow sites and contractor’s camps, etc.) and who have legal rights to the land shall be entitled to the following from the construction Contractor per EMP: (i) Lease amount equivalent to prevailing rental rates in the location of the property, (ii) Compensation for affected non-land assets based on replacement cost, and (iii) Restoration of land to pre-construction state.
6. Other Types of Assistance or Entitlements
185. The 98 vendors, after due consultation, shall be provided with assistance in identification of, and transportation to, an alternative site to continue economic activity, e.g. assistance in a) shifting to areas within the same LGU where there is no construction and/or b) identify alternative sites to sell. They will also qualify for either one of the following: loss of business income, transitional support and livelihood restoration assistance.
186. Transportation assistance shall be extended by the City Government as can be arranged by virtue of DILG Memorandum Circular No. 2019-121 whereby through obstruction clearing activities by LGUs, they are encouraged to develop and implement strategies that will address the displacement issues caused by the implementation of these directives. Further, based on interviews with Barangay local governments during the SES, the City government provides free transportation during clearing operations.
187. DOTr shall coordinate with local governments and link the 98 affected vendors with national agencies concerned about livelihood support (e.g., DTI, TESDA, DOLE, DSWD, etc.) skills training and development assistance. Specifically, assistance shall be provided to link the 98 affected vendors with any one of existing government programs, such as, but not limited to:
(i) DOLE Integrated Livelihood Program (DILP) or Kabuhayan Program provides a) working capital solely for the purchase of raw materials,
29 DOTr. Right of Way and Site Acquisition Manual Volumes 1 and 2. 2018. 30 Meralco, DoTr allot P14.155 billion to relocate 10,342 electric posts. August 6, 2018. https://businessmirror.com.ph/2018/08/06/meralco-dotr-allot-p14-155-billion-to-relocate-10342-electric-posts/ 31 Pateña, AJ. Meralco to relocate power facilities along railway projects. Philippine News Agency. May 14, 2019. https://www.pna.gov.ph/articles/1069791.
51 equipment, tools and jigs, and other support services necessary in setting up the business, b) Training on how to plan, set-up, start and operate their livelihood undertaking i.e. trainings on production skills, entrepreneurship, business management, productivity and business planning, c) Social security through enrolment in Group Personal Accident Insurance (GPAI) of GSIS, to be included in the total project cost or as counterpart of the ACP, and d) Continuing technical and business advisory services to ensure efficiency, productivity, and sustainability of the business/enterprise.
DILP or Kabuhayan Program is the DOLE's contribution to the governments’ agenda of inclusive growth through massive job generation and substantial poverty reduction. It seeks to reduce the vulnerability to risks of the poor, vulnerable and marginalized workers by providing them access to a grant assistance for capacity-building on livelihood ventures either for individual or group undertakings. It has three components: a) Kabuhayan Formation - Enabling the poor, vulnerable and marginalized workers in the informal and formal economies to start individual or group livelihood undertakings; b) Kabuhayan Enhancement - Enabling existing livelihood undertakings to grow into viable and sustainable businesses that provide income at least at par with those of the minimum wage earners; and c) Kabuhayan Restoration - Enabling the re-establishment of lost or damaged livelihoods due to occurrence of natural disasters/calamities and/or armed conflicts. Projects may be in groups or individual.
(ii) Nego-Kart. Specific to individuals, the beneficiaries can avail of the Starter Kit or Negosyo sa Kariton (Nego-Kart), up to a maximum financial assistance of P20,000.00, depending on the project requirement. DOTr may link AHs to the Nego-Kart (Negosyo sa Kariton) for ambulant vendors. The project will assist the ambulant vendors in making their existing livelihood undertakings grow into profitable and sustainable business; thus, making their income level at par with that of the minimum wage earners, at the least. A one-time grant of P15,000 is provided for the acquisition of a vending cart and accessory livelihood tools; and provision of working capital for procurement or production of marketable goods or services (raw materials and other inputs), among others. The beneficiaries will be required to enroll in Social Protection Service like SSS, Philhealth and other alternative social protection schemes as soon as the business cycles allow it.
(iii) Pondo Para sa Pagbabago at Pag-Asenso (P3) of the Department of Trade and Industry (DTI) specifically through the ECLOF Philippines and Metropolitan Development Corporation as accredited partners that accommodates ambulant vendors who cannot be covered by SB Corporation P3 direct loan scheme ranging from P5,000 to 100,000, loanable amount based on AP capacity. It provides affordable micro-financing for the country’s micro, small and medium enterprises (MSMEs). The P3 is designed to bring down the interest rate at which micro-finance is made available to micro enterprises.
(iv) Employees’ Compensation Program (ECP). Towards social protection, self- employed members of the Social Security System (SSS) are now covered by the benefits and services of the ECP. A self-employed member of the SSS will receive loss of income benefits, medical benefits, carer’s allowance, and rehabilitation services, in the event of work-related sickness or injuries. Rehabilitation services under the EC program involve the provision of remedial treatment, entrepreneurial or vocational assessment and training. These services are designed to meet the individual needs of each person with a work-
52 related disability (PWRD) to restore him to suitable employment and develop his mental, vocational, or social potential. If the worker died because of work-related sickness or injury, the beneficiaries will receive death pension and funeral benefits.
Workers in the informal sector such as market and ambulant vendors, transport workers, and those similarly situated are entitled to avail of the benefits of the EC program. A self-employed worker is one engaged in any trade or business or occupation, who has no employer other than oneself, and derives an income of at least P2,000 a month from his or her physical and mental efforts, and who is not over 60 years of age, during the time of initial coverage. To be covered under the EC program, self-employed workers shall register for SSS membership at the nearest SSS branch. Their coverage under the program will start as soon as they pay their first EC contribution. The amount of contribution that they will pay will depend on the corresponding monthly salary credit of the amount of earnings that they will declare at the time of registration. Self-employed members will pay P10 per month if they have a monthly salary credit (MSC) of P14,500 or below, and P30 per month if they have a MSC of P15,000 and above.
D. Special Assistance for Vulnerable APs
188. The project shall also extend assistance and other entitlements to APs who will experience additional hardship due to vulnerability. The 19 vulnerable APs classified as elderly, poor and women headed households are eligible for the following:
(i) Rehabilitation assistance shall be in the form of skills training and other development activities with the value of up to Php 15,000 will be provided in coordination with other government agencies. (ii) Inconvenience allowance. Inconvenience allowance in the amount equivalent to Php 10,000 per household. (iii) Support and/or maintain access to government welfare programs.
189. Income sources and livelihoods affected by project activities will be restored to pre- project levels and DOTr shall ensure to assist AHs that are vulnerable so that they can benefit from the project. Eligible for income restoration are the 19 vulnerable vendors. The rehabilitation assistance may accrue to any one of those listed above for all 98 APs and may also consider government programs specifically addressing loss types and needs of vulnerable households. The project may link with other government agencies for any one of the following:
(i) Pantawid Pamilyang Pilipino Program (4Ps) of the Department of Social Welfare and Development (DSWD). The project shall link qualified APs (below poverty threshold, female household head, and disabled) who are not yet member of 4Ps. The 4Ps program aims to provide a) Social Assistance – to provide cash assistance to the poor to alleviate their immediate need (short term poverty alleviation), and b) Social Development – to break the intergenerational poverty cycle through investments in human capital. 4Ps objectives are a) To improve the health of young children and mothers by promoting preventive health care; b) To increase the enrollment and attendance rate of children in Day Care, Kindergarten, elementary, and secondary schools; c) To contribute to the reduction of incidence of child labor; d) To raise the average consumption rate in food expenditure of poor households; e) To encourage parents to invest in their children’s health, nutrition and education, and f) To enhance the
53 performance of parenting roles of beneficiaries and their participation in community development activities.
The following conditionalities shall be observed in accessing the program: a) Pregnant women must avail pre- and post-natal care and be attended during childbirth by a trained health professional, b) Parents must attend Family Development Sessions (FDS), c) 0-5 year old children must receive regular preventive health check-ups and vaccines, d) 6-14 years old children must receive deworming pills twice a year, and e) All child beneficiaries (0-18 years old) must enroll in school and maintain a class attendance of at least 85% per month.
Subject to compliance with the conditionalities, a household is entitled to receive the following grants: a) Health Grant - Every household beneficiary receives Php 500.00 per month as health grant and attendance to the monthly Family Development Sessions (FDS) is also tied with the conditionality for health; b) Education Grant - Every monitored child in elementary receives Php 300.00 as education grant; Every monitored child in high school receives Php 500.00 per month (for 10 months) as education grant. A maximum of 3 children per household is covered by the program; c) Rice Subsidy - The total rice subsidy amount for each family is P600.00 a month or P7,200.00 per year, given to registered, active, and compliant Pantawid Pamilya household beneficiaries; and d) UCT subsidy - The national government’s Unconditional Cash Transfer (UCT) program is the tax subsidy provided under the TRAIN law to help the poor cushion the adverse economic effect of the policy. The top-up cash subsidies amount to P200 a month for 2018 and P300 a month for 2019 and 2020.
(ii) Social Pension Program for Indigent Senior Citizens (SPISC) is the additional government assistance in the amount of P500 monthly stipend, to augment the daily subsistence and other medical needs of indigent senior citizens. This program is part of the Expanded Senior Citizens Act of 2010 or RA 9994. There is also a widow’s scheme whereby widows living below the poverty line receives a pension of Rs. 300 every month until their death. DOTr shall facilitate the eligible and vulnerable APs’ inclusion in the program and explore inclusion to the Trabahong Lansangan (Translation: “Street employment”), capacity building, capital resource provision and market linkage).
190. The Homeless. There are two available government programs for the homeless person under the DSWD and NHA that can assist the homeless person in Cubao station. Both require intensive documentation and assessment by government case handlers.
191. DSWD. Under the DSWD, the Modified Conditional Cash Transfer (MCCT) Program is designed to reach out to families who are poor and more vulnerable and disadvantaged but not covered through the Regular Conditional Cash Transfer (CCT) because of their being excluded in the enumeration of the National Household Targeting System (NHTS) or Listahanan. It is “modified” because the strategy is through CCT but with modifications in terms of targeting, conditionalities, package of benefits and interventions and modes of implementation. In the program, the beneficiaries are called “partner families” such as Homeless Street Families (HSF).
192. Basic qualifications under the program are:
(i) They must have children aged 0-18 years old and/or with pregnant member of the family at the time of selection
54 (ii) They must be willing and committed to comply with the program conditionalities and cooperate in the helping process (iii) They must be excluded from NHTS database and the Pantawid Pamilya Program
193. MCCT provides cash grant and appropriate social welfare interventions to HSF, IPs in GIDA, and FNSP. It also provides partner-families with other support services or interventions which will facilitate their access to health and educational services until they are ready for mainstreaming in the regular CCT. Specifically, the benefits are:
(i) Direct Grants32 a) Education grant of P300 per month for each child in the beneficiary household if enrolled in day care, pre-school and elementary b) Education grant of P500 per month for each child in the beneficiary household if enrolled in high school c) Health grant of P500 for each beneficiary household (ii) Support Services Intervention For HSF a) Shelter assistance in the amount of P4,000, which may be offered as early as the first month of membership and for a maximum period of 12 months. Payments are given to the lessor, not to the beneficiary. b) Access to job and livelihood opportunities, e.g. cash-for-work and thru Sustainable Livelihood Program (SLP), maybe offered on the fifth month of membership.
194. Obligations of the beneficiary family are:
(i) Attendance to school either in formal or by Alternative Delivery Mode of Learning (ii) Availment of health care services in accordance with Department of Health (DOH) protocols (iii) Attendance to Family Development Sessions
195. The exposure of household beneficiaries in the program is within six months to one year as long as they remain eligible for the program and comply with the conditionalities with sufficient regularity.
196. NHA. Socialized housing, or housing programs and projects covering houses or home lots for the homeless and underprivileged, shall be provided by LGUs or the National Housing Authority (NHA) in cooperation with the private developers and concerned agencies with the basic services and facilities.
197. The following are eligible beneficiaries for socialized housing: (a) must be a Filipino citizen, (b) must be underprivileged and homeless (i.e. those whose income or total income is below the poverty threshold as defined by NEDA), (c) must not own any real property whether in urban or rural areas, and (d) must not be a professional squatter or member of any squatting syndicate.
198. The implementation of the Community Mortgage Program (CMP). CMP, a socialized housing program of the government, seeks to improve the living conditions of underprivileged and homeless citizens by providing affordable financing to help them secure tenure on the land they occupy. Through the National Home Mortgage Finance Corporation (NHMFC), now the Socialized Housing Finance Corporation (SHFC), legally organized organizations are provided assistance from community mobilizing, processing of required documents to providing loans for lot acquisition, site development and house construction.
32 Education grants are paid for each dependent child, not exceeding 3 child dependents, beginning with the youngest and without substitution.
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199. APs who are homeless and underprivileged as defined in Section 3 of R.A. 7279, APs will have the option to avail of tenured land, or socialized housing package either through the LGUs or CMP through the SHFC.
200. Gender Strategy. Resettlement and livelihood changes stand to impact both men and women, though households led by single-women may face additional challenges where they are reliant on the availability of existent social networks and extended family for the care of their children. This RP adopts ADB's policy on gender and development and the Philippine Magna Carta for Women (RA 9710) that adopt gender mainstreaming as a key strategy for promoting gender equity, and for ensuring participation of women and that their needs are explicitly addressed in the decision-making process for development activities. Gender mainstreaming shall also be carried out following guidance provided for in the NEDA Harmonized Gender and Development Guidelines for Project Development, Implementation, Monitoring and Evaluation of 2010 that sets of guidelines serves as a common instrument among the NEDA, proponent/ implementing agencies and donor organizations for ensuring the gender responsiveness of programs and projects in their various stages.
201. The following shall be observed to ensure women’s meaningful participation:
(i) Both women and men will participate during consultations, conduct of surveys, and when necessary, discussions on relocation options, (ii) Gender issues will be included in the training to be provided during social safeguards planning document implementation. (iii) Both husband and wife will be invited to receive compensation and other allowances/assistance due to the household for affected assets. (iv) Women will be given equal chance in getting hired for jobs related to the project and to receive equal remuneration for the same work as the men. (v) Special measures will be taken in helping elderly, disabled and women-headed households relocate or reconstruct their affected shops and houses. (vi) Women will be prioritized in livelihood restoration programs. (vii) Apart from equal entitlement for women, develop ways to protect women’s finances upon receipt of cash compensation by replicating good practices like financial counselling or financial literacy workshops. (viii) Disaggregated monitoring indicators by gender will be developed for monitoring social benefits, economic opportunities, livelihood, and resettlement activities.
VIII. RP BUDGET
202. The resettlement budget is PhP 36,712,803 (USD 716,222). Table 14 shows the details of the budget to implement this RP. Table 14: RP Budget
Budget Items Unit Total Unit Price Amount (PhP) Amount (USD)
1. Land 1.1 Affected private individuals m² 460 60,638 27,893,250 544,163 1.4 Affected government/public land m² 1,650 0 Sub-total 27,893,250 544,163 2. Livelihood Support* Skills Training and Development 2.1 Activities (Rehabilitation AP 98 15,000 1,470,000 28,678 Assistance)
56 Budget Items Unit Total Unit Price Amount (PhP) Amount (USD)
Sub-total 1,470,000 28,678 3. Other Entitlements Inconvenience Allowance for 3.1 AP 19 10,000 190,000 3,707 Vulnerable Households Sub-total 190,000 3,707 4. Other Assistance 4.1 Capital Gains Tax (6%) 1,673,595 32,650 4.2 Documentary Stamp Tax (1.5%) 418,399 8,162 4.3 Transfer Tax (75% of 1% of the Selling Price) 209,199 4,081 4.4 Registration Fee (.25% of the Selling Price) 69,733 1,360 Sub-total 2,370,926 46,254 RP Administrative Costs (5% of Direct Costs: 1-4) 1,596,209 31,140 Contingencies (10% of Direct Costs: 1-4) 3,192,418 62,280 TOTAL 36,712,803 716,222
203. Source of funds. The budget for this RP will be funded by the Government of the Philippines.
IX. INSTITUTIONAL ARRANGEMENTS
A. Implementation Arrangements
1. DOTr
204. The Greenways PMO will provide technical assistance on day-to-day activities for the project, including (i) site preparations, (ii) supervise the consultants undertaking the detailed engineering design, construction drawings and all other related documents, (iii) supervise the agencies and consultants involved in the implementation of this RP (and/or other safeguard planning documents) including the ROW clearing and land acquisition processes, (iv) supervise the construction of all civil works, (v) secure necessary approvals and permits from concerned government agencies, LGUs and other stakeholders.
205. The Greenways PMO will provide technical assistance on day-to-day activities for the project, including (i) site preparations, (ii) supervise the consultants undertaking the detailed engineering design, construction drawings and all other related documents, (iii) supervise the agencies and consultants involved in the implementation of this RP (and/or other safeguard planning documents) including the ROW clearing and land acquisition processes, (iv) supervise the construction of all civil works, (v) secure necessary approvals and permits from concerned government agencies, LGUs and other stakeholders.
206. DOTr Environment, Social and ROW Division (ESR Division). The ESR Division will function under the Greenways PMO with one of its function is the implementation of this RP along with other implementation partners specifically to (i) supervise the implementation of livelihood restoration/improvement among APs specifically the vulnerable sector; (ii) monitor RP implementation viz civil works; (iii) manage the Grievance Redress Mechanism; and (iv) conduct internal monitoring. The ESR Division shall be comprised of a Community Development Officer, Environmental Engineering Specialist, Information Officer, and Project Evaluation Officer that will be responsible in ensuring that the safeguards are implemented in the project.
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207. The DOTr Technical Committee shall be convened for the Acquisition of Sites/Rights- of-way for the Department’s Infrastructure Projects. Per Department Order No. 2013-05, the technical committee for the Acquisition of Sites/Rights-Of-Way for the department’s Infrastructure Projects will provide overall supervision and coordination in the planning, implementation, monitoring and evaluation of land/site acquisition activities. It will also evaluate and examine all documents pertaining to the properties to be acquired, and approve the compensation value as determined by the IPA/GFI. The technical committee shall include the Resettlement Specialist, Engineers/Architects, and Lawyers.
2. Interagency Coordination
208. As the implementing agency, DOTr will coordinate with other entities in operationalizing this RP. Coordination with private companies will be conducted by DOTr through the Greenways PMO.
209. Local Government Unit. The LGUs shall cooperate with the Greenways PMO to implement and monitor this RP. The LGUs will assist in consultations with APs, undertake necessary actions to safeguard the project alignment and sites and prevent the entry of new illegal dwellers, provide assistance in the conduct of social preparation activities, provide assistance in validating APs and review and assess documentary requirements submitted.
210. Other relevant government agencies may be tapped to provide livelihood rehabilitation program, including Technical and Skills Development Authority (TESDA), and the Department of Social Welfare and Development (DSWD), Department of Labor and Employment (DOLE), Department of Trade and Industry (DTI) and other agencies with related programs and experience.
B. Capacity Building
211. In order to realize the implementation of this RP, the ESR Division will require capacity development on the provisions of this RP, as well as the overall ADB SPS (2009). Specific topics recommended for the training are:
(i) Strengthen knowledge and awareness of DOTr key units on the provisions in this RP including ADB SPS (2009) on involuntary resettlement; (ii) Conduct of meaningful consultations; (iii) Orientation and finalization of detailed plans for livelihood restoration, compensation disbursement and its required document, and grievances handling and redressing; and (iv) Monitoring of RP implementation and reporting.
212. DOTr as the executing agency shall retain adequate staff for handling social safeguards with relevant qualifications and experience to be able to adequately design and deliver the social safeguards planning documents.
C. RP Implementation Schedule
213. Civil works for the project is planned or anticipated to start by the 2nd quarter of 2020. Once the loan is approved by ADB, an updated RP will be prepared based on the results of the Parcellary Survey, Independent Appraiser’s assessment, and validation conducted by DOTr (Table 15). Road clearing may commence when RP activities have satisfactorily been completed, agreed rehabilitation assistance is in place, and that the site is free of all encumbrances.
58 Table 15: RP Resettlement Schedule Activities Schedule Preparation of Draft RPs 4th Qtr 2019 DOTr concurrence of draft RP; ADB approval of draft RP 4th Qtr 2019 RP updating / DED 2nd Qtr 2020 Submission to and ADB concurrence of updated RP 2nd Qtr 2020 Payment of compensation 2nd Qtr 2020 Implementation of income restoration program Internal monitoring (submission of quarterly monitoring 2nd Qtr 2020 to project reports) completion 3rd Qtr 2020 to project Commencement of civil works completion
X. MONITORING AND EVALUATION
A. Monitoring Arrangements: Internal Monitoring
214. The EDSA Greenway Project is deemed Category B for involuntary resettlement. The DOTr Greenways PMO will serve as the Project's internal monitoring body on resettlement. Quarterly monitoring reports will be prepared by the Greenways PMO and submitted to DOTr management starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. The DOTr management in turn will submit the quarterly monitoring reports to ADB for review and uploading onto the ADB website.
215. Internal monitoring objectives are:
(i) Compensation and/or other entitlements are provided as per approved RP, 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 RP; (iv) Capacity of APs 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.
216. The tasks of the Greenways PMO are to:
(i) Regularly supervise and monitor the implementation of the RP. The findings will be documented in the quarterly report to be submitted to the DOTr management, which in turn will submit the report to the Bank. (ii) 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 this RP. (iii) Verify that funds for implementing the RP are provided by the DOTr management in a timely manner and in amounts sufficient for the purpose.
59 (iv) Record all grievances and their resolution and ensure that complaints are dealt with promptly.
217. The suggested internal monitoring indicators, to be disaggregated by gender and vulnerability are presented in Table 16. Table 16: Suggested Internal Monitoring Indicators Monitoring parameters Suggested indicators Consultation and • Consultations organized as scheduled including meetings, groups, and Grievances community activities. • Knowledge of entitlements by the APs. • Use of the grievance redress mechanism by the APs. • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Implementation of special measures for the vulnerable. Communications and • Number of general meetings for APs. Participation • Percentage of women out of total participants. • Number of meetings exclusively with vulnerable groups. • Level of participation in meetings APs. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages. Delivery of • Entitlements disbursed, compared with number and category of losses set Entitlements out in the entitlement matrix. • Disbursements against timelines. • Identification of APs losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, have been included. • Timely disbursements of the agreed transport costs, income substitution support, and any resettlement allowances, according to schedule. • Quality of new plots and issuance of land titles. • Restoration of social infrastructure and services. • Progress on income and livelihood restoration activities being implemented as set out in the livelihood restoration plan. • Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business. Budget and Time • Social safeguards staff appointed and mobilized on schedule for field and Frame office work. • Capacity building and training activities completed on schedule. • Achieving resettlement implementation activities against the agreed RP. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the RP. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation. Livelihood Restoration • Number of APs under the rehabilitation programs. • Types of training and number of participants in each program. • Number of APs who have restored their income and livelihood patterns. • Number of new employment activities. • Extent of participation in rehabilitation programs. • Degree of satisfaction with support received for livelihood programs. • Percentage of APs who improved their income. • Percentage of APs who improved their standard of living. Benefit Monitoring • Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation. • Noticeable changes in income and expenditure patterns compared to the pre-project situation. • Changes in cost of living compared to the pre-project situation.
60 B. Reporting and Disclosure
218. For internal monitoring, DOTr will generate the data for a full and consolidated quarterly monitoring report (SMR) to be submitted to ADB (See Appendix 7 for the guidance of report preparation). Quarterly monitoring reports are subject to review by ADB and posted on the ADB and project websites for disclosure purposes.
219. DOTr shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RP, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the APs and posted at a location commonly agreed with APs and local government leaders.
61 APPENDICES
Appendix 1. List of APs By Loss Type (DELETED)
62 Appendix 2. Socioeconomic Data for Quezon City
Estimated No. of Population and Growth Rate by Affected Area, 2015 Population Population Annual Population Barangay Rank Rank percentage (2015) (2015) Growth Rate (2010-2015) E. Rodriguez 0.67% 39 19,594 87 0.24% Immaculate Concepcion 0.30% 67 8,670 111 -0.22% San Martin de Porres 0.42% 57 12,315 110 -0.21% Socorro 0.85% 30 25,073 15 2.75% Quezon City Total (142 barangays) 2,936,116 1.17% Source: Philippine Statistics Authority (2015). Population of the National Capital Region
Estimated No. of Population, HH, and Average Household Size, Land Area and Population Density, 2015 Population Density National/ HH Land Area Share to Share to Household (persons/ Cities Number Size (sq km) National NCR sq km) Philippines 100,543,973 22,969,666 4.38 300,000 337 NCR 12,786,611 12.72% 3,095,484 4.13 619.54 20,785 Quezon City 2,919,320 2.90% 22.83% 683,044 4.27 171.71 17,099 Data source: Philippine Statistics Authority (PSA)
Population by Age Group and Sex 2015 Age Group Both Sexes Male Female Age group percentage All Ages 2,936,116 1,447,351 1,488,765 100.00% 0 - 14 777,672 401,839 375,833 26.49% 15 - 19 296,534 146,455 150,079 10.10% 20 - 24 315,065 155,285 159,780 10.73% 25 - 29 282,540 140,483 142,057 9.62% 30 - 34 245,160 121,746 123,414 8.35% 35 - 39 219,197 108,087 111,110 7.47% 40 - 44 186,574 91,769 94,805 6.35% 45 - 49 167,291 80,688 86,603 5.70% 50 - 54 139,871 66,750 73,121 4.76% 55 - 59 109,824 51,463 58,361 3.74% 60 - 64 78,969 35,994 42,975 2.69% 65 years and over 117,419 46,792 70,627 4.00% • Youth Dependency Ratio: 38.10 • Old Age Dependency Ratio: 5.75 • Total Dependency Ratio: 43.85 Median Age: 26.22 Data source: Philippine Statistics Authority (PSA)
Household Population 10 Years Old and Over By Sex and Marital Status 2015 Marital Status Both Sexes Male Female Single 1,118,010 571,297 546,713 Married 892,595 440,866 451,729 Widowed 90,543 17,796 72,747 Divorced/ Separated 48,020 15,559 32,461 Common-Law/Live-in 257,572 127,900 129,672 Unknown 9,627 4,420 5,207
Private and Public Elementary Schools Academic Performance SY 2012-2013 SY 2013-2014 SY 2014-2015 City Rank Rate Rank Rate Rank Rate Quezon City 11 57.00 15 55.29 15 50.13 Makati 2 64.76 2 68.00 5 64.06 Caloocan 5 63.50 7 63.96 9 60.74 Pasay 6 56.58 14 57.09 16 49.86 Source: Schools Division Office
63 Literacy Rate of Population 10 Years Old and Over, by Sex 2015 National/City Unit Both Sexes Male Female Number 77,576,473 38,889,317 38,687,156 Philippines Rate 98.30% 98.23% 98.37% Number 10,406,058.00 5,071,692.00 5,334,366.00 NCR Rate 99.82% 99.81% 99.83% Number 2,395,105 1,165,693 1,229,412 Quezon City Rate 99.79% 99.77% 99.81%
Total Population 5 Years Old and Over by Highest Grade/Year Completed, 2015 Highest Grade/Year Completed Both Sexes Male Female No Grade Completed 42,224 22,065 20,159 Pre-School 61,279 32,104 29,175 Special Education 3,143 1,874 1,269 Elementary 528,710 271,379 257,331 High School 1,026,264 509,956 516,308 Post-Secondary 78,915 32,808 46,107 College Undergraduate 413,215 204,527 208,688 Academic Degree Holder 494,623 224,705 269,918 Post Baccalaureate 10,517 4,776 5,741 Not Stated 16,902 7,905 8,997
Number and Percent Distribution of Total and Infant Deaths by Sex, 2016 Number Percent Location Both Sexes Male Female Both Sexes Male Female Sex Ratio Total deaths Philippines 592,183 334,678 247,505 100.0 57.5 42.5 135.2 NCR 76,839 44,455 32,384 13.2 7.6 5.6 137.3 Infant deaths Philippines 21,874 12,566 9,308 100.0 57.4 42.5 Philippines NCR 3,687 2,126 1,561 16.9 9.7 7.1 NCR Source: https://psa.gov.ph/sites/default/files/attachments/crd/specialrelease/2016%20Death%20Statistical%20Tables.pdf.
Poverty Thresholds and Incidence, Philippines & NCR, 2006, 2009, 2012 & 2015 Poverty Threshold Poverty Incidence (families, %) Statistics 2006 2009 2012 2015 2006 2009 2012 2015 Philippines 5,566 7,030 7,890 9,064 21.0 20.5 19.7 16.5 NCR 6,541 8,011 8,477 10,420 2.9 2.4 2.6 2.7 Source: Philippine Statistics Authority (PSA), Quezon City Ecological Profile, 2015
Annual Regular Revenue of Pasay for the Fiscal Year of 2016 Fiscal Year Annual Regular Income Change 2009 8,814,304,826.67 – 2010 9,576,239,609.27 8.64% 2011 11,275,067,176.66 17.74% 2012 15,781,496,381.69 39.97% 2013 12,440,287,425.44 -21.17% 2014 14,719,483,550.39 18.32% 2015 15,798,657,618.04 7.33% 2016 17,058,330,468.11 7.97% End notes: • Annual Regular Income = Locally Sourced Revenue + Internal Revenue Allotment (IRA) Current Year + Other Shares from National Tax Collection Locally Sourced Revenue = Real Property Tax (General Fund) + Tax on Business + Other Taxes + Regulatory Fees + Service/User Charges + Receipts from Economic Enterprises
First Semester Income Gap, Poverty Gap and Severity of Poverty, 2018 National/City First Semester Income Gap First Semester Poverty Gap First Semester Severity of Poverty Philippines 26.9 4.3 1.8 NCR 27.0 1.3 0.6 Quezon City 25.8 1.0 0.4
64
Gainful Workers 15 Years Old and Over by Sex, 2015 National/City Item Both Sexes Male Female Population 15 Years Old and Over 68,823,510 34,477,222 34,346,288 Philippines Gainful 5 Years Old and Over 40,045,980 26,295,990 13,749,990 Percent Share 58% 76% 40% Population 15 Years Old and Over 10,513,091 4,562,246 4,815,253 NCR Gainful 15 Years Old and Over 5,632,528 3,317,639 2,314,889 Percent Share 54% 73% 48% Population 15 Years Old and Over 2,158,444 1,045,512 1,112,932 Quezon City Gainful 15 Years Old and Over 1,296,430 757,660 538,770 Percent Share 60% 72% 48%
Gainful Workers 15 Years Old and Over Major Occupation, 2015 Major Occupation Number % Managers 132,719 10.24% Professionals 125,779 9.70% Technicians and Associate Professionals 94,736 7.31% Clerical Support Workers 173,543 13.39% Service and Sales Workers 272,680 21.03% Skilled Agricultural Forestry and Fishery Workers 4,080 0.31% Craft and Related Trades Workers 129,669 10.00% Plant and Machine Operators and Assemblers 123,077 9.49% Elementary Occupations 224,239 17.30% Armed Forces Occupations 2,354 0.18% Other Occupation Not Elsewhere Classified - 0.00% Not Reported 13,554 1.05%
Number of Households by Type of Building, Tenure Status of the Housing Unit/Lot, 2015 Type of Building Tenure Status Commercial/ of Housing Household Multi-unit Institutional Not Single house Duplex industrial/ Others Unit and Lot residential living quarter Reported agricultural Total 683,044 344,812 103,517 230,832 2,631 149 182 921 Own or owner like possession 296,276 181,746 42,920 70,749 464 28 28 341 of house and lot Rent house/room 224,212 77,677 33,259 112,172 842 36 7 219 including lot Own house 10,227 6,360 1,573 2,223 66 - - 5 rent lot Own house rent-free lot with 56,135 29,643 9,563 16,653 146 10 17 103 consent of owner Own house rent-free lot without 45,823 26,365 8,099 11,184 46 4 22 103 consent of owner Rent-free house and lot with 45,302 20,504 7,381 16,163 1,046 71 24 113 consent of owner Rent-free house and 3,763 1,887 549 1,237 19 - 34 37 lot without
65 Type of Building Tenure Status Commercial/ of Housing Household Multi-unit Institutional Not Single house Duplex industrial/ Others Unit and Lot residential living quarter Reported agricultural consent of owner
Number of Households by Main Source of Water Supply for Drinking, 2015 Water Source Number Own use faucet community water system 401,143 Shared faucet community water system 90,313 Own use tubed/piped deep well 1,591 Shared tubed/piped deep well 2,165 Tubed/piped shallow well 325 Dug well 337 Protected spring 1,576 Unprotected spring 23 Lake, river, rain and others 42 Peddler 9,656 Bottled water 170,761 Others 5,112
Number of Households by Kind of Fuel for Lighting, 2015 Fuel for Lighting Number % Electricity 671,386 98.57% Kerosene (Gaas) 3,265 0.48% Liquified Petroleum Gas (LPG) 3,687 0.54% Oil (vegetable animal and others) 99 0.01% Solar panel 249 0.04% Solar lamp 247 0.04% Others 1,605 0.24% None 604 0.09%
Customers Served in NCR Customer Captive Customer Connection Sales (MWh) Classification Number % Number % Residential 5,295,458 91.6% 11,116,664 38.2% Commercial 472,322 8.2% 12,535,211 43.1% Industrial 9,570 0.2% 5,253,633 18.1% Others 4,495 0.1% 188,221 0.6% Total 5,781,845 100.0% 29,093,729 100.0% Source: https://www.doe.gov.ph/sites/default/files/pdf/electric_power/ddp_2016-2025.pdf.
66 Appendix 3. Tabular Results of the May 2019 Socioeconomic Survey of AHs
Sex Disaggregated Data of AH Heads
Cubao Station, Quezon City Total Gender Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Socorro No % Rodriguez Concepcion de Porres Male 14 9 10 3 36 67% Female 7 8 2 1 18 33% Total 21 17 12 4 54
Age of AH Heads Cubao Station, Quezon City Total Age Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro 15 - 19 0 0 1 2 3 6% 20 - 24 4 2 2 0 8 15% 25 - 29 2 2 1 1 6 11% 30 - 34 2 0 1 0 3 6% 35 - 39 1 2 0 0 3 6% 40 - 44 3 2 0 0 5 9% 45 - 49 2 3 2 1 8 15% 50 - 54 3 2 0 0 5 9% 55 - 59 0 1 0 0 1 2% 60 - 64 1 0 0 0 1 2% 65 - 69 2 0 0 0 2 4% 70 - 74 0 0 1 0 1 2% 75 - 79 0 0 0 0 0 0% 80+ 0 0 0 0 0 0% No Response 1 3 4 0 8 15% Total 21 17 12 4 54
Civil Status of AH Heads Cubao Station, Quezon City Total Civil Status Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Single 3 3 6 2 14 26% With Common-Law 0 4 0 0 4 7% Partner/Cohabitating Married 15 8 5 2 30 56% Separated 1 1 1 0 3 6% Widow/er 2 1 0 0 3 6% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Educational Attainment of AH Heads
Educational Cubao Station, Quezon City Total Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Attainment No % Rodriguez Concepcion de Porres Socorro Pre-school 0 0 0 0 0 0% Elementary 3 5 3 1 12 22% Undergrad Elementary Grad 7 3 2 0 12 22% High School 6 1 1 1 9 17% Undergrad
67 Educational Cubao Station, Quezon City Total Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Attainment No % Rodriguez Concepcion de Porres Socorro High School Grad 1 7 3 1 12 22% Junior High (Grade 0 0 0 1 1 2% 7-10) Junior High 0 0 0 0 0 0% (Moving up) Senior High (Grade 0 0 0 0 0 0% 11-12) Senior High Sch. 0 0 0 0 0 0% Grad Vocational/Tech’l 1 1 1 0 3 6% College Undergrad 1 0 2 0 3 6% College Grad 0 0 0 0 0 0% Post Grad 0 0 0 0 0 0% No Education 2 0 0 0 2 4% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Religion of AH Heads Cubao Station, Quezon City Total Religion Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Roman Catholic 2 8 3 0 13 24% Born-Again 0 0 0 0 0 0% Iglesia ni Cristo 0 0 0 0 0 0% Protestant/ 0 0 0 0 0 0% Evangelical Islam 18 9 9 4 40 74% Buddhism 0 0 0 0 0 0% Others 1 0 0 0 1 2% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Place of Origin of AH Heads Cubao Station, Quezon City Total Place of Origin Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Within LGU 3 4 2 1 10 19% Outside LGU, but within the 2 3 0 0 5 9% Metro Manila/ Province Outside the Metro Manila/ 0 0 1 0 1 2% Province Luzon 2 2 0 0 4 7% Visayas 2 2 1 0 5 9% Mindanao 12 6 7 3 28 52% Others 0 0 0 0 0 0% No Response 0 0 1 0 1 2%
68 Cubao Station, Quezon City Total Place of Origin Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Total 21 17 12 4 54
Length of Residence of AH Heads
Length of Cubao Station, Quezon City Total Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Residence No % Rodriguez Concepcion de Porres Socorro Less than 1 year 1 0 1 0 2 4% 1 - 5 years 5 9 9 4 27 50% 6 - 10 years 10 4 0 0 14 26% More than 10 5 3 1 0 9 17% years No Response 0 1 1 0 2 4% Total 21 17 12 4 54
Reason for Establishing Residence of AH Heads Cubao Station, Quezon City Total Reason Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Proximity to 16 12 11 4 43 80% Livelihood Rent Free/ Affordable Rental 1 0 0 0 1 2% Rates Family Ties 0 0 0 0 0 0% Near School 0 0 0 0 0 0% Got Married 0 0 0 0 0 0% Near Basic Services/ 4 3 0 0 7 13% Utilities/Facilities Others 0 2 1 0 3 6% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Ownership of Other Real Property of AH Heads Cubao Station, Quezon City Total Ownership Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Yes 0 1 0 0 1 2% None 21 16 12 4 53 98% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Location of Other Real Property of AH Heads Cubao Station, Quezon City Total Location Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Within LGU 0 0 0 0 0 0%
69 Cubao Station, Quezon City Total Location Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Outside LGU, but within the Metro 0 0 0 0 0 0% Manila/ Province Outside the Metro 0 0 0 0 0 0% Manila/Province Luzon 0 0 0 0 0 0% Visayas 0 0 0 0 0 0% Mindanao 0 1 0 0 1 2% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 0 1 0 0 1 *based on 1 AH head who owned other real property
Physical Health Cubao Station, Quezon City Total Physical Health Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Normal 18 17 10 4 49 91% Elderly 3 0 1 0 4 7% With disability 0 0 0 0 0 0% Chronically Ill 0 0 0 0 0 0% Others 0 0 1 0 1 2% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Recipient of DSWD's Conditional Cash Transfer or 4Ps Cubao Station, Quezon City Total Recipient Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Yes 0 0 0 0 0 0% No 21 17 12 4 54 100% Total 21 17 12 4 54
Classification of AH Heads Cubao Station, Quezon City Total Classification Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Owner 10 9 4 2 25 46% Co-Owner 0 0 0 0 0 0% Renter 10 6 7 2 25 46% Sharer/Rent- 1 2 0 0 3 6% Free-Occupant Caretaker 0 0 0 0 0 0% Others 0 0 1 0 1 2% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
70
Occupation of AH Heads Cubao Station, Quezon City Total Occupation Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Farmer 0 0 0 0 0 0% Fisherman 0 0 0 0 0 0% Gov't Employee 0 0 0 0 0 0% Private Employee 0 0 0 0 0 0% Worker 0 0 0 0 0 0% Business 19 16 11 4 50 93% Service 0 0 0 0 0 0% Others 0 0 0 0 0 0% None 0 0 0 0 0 0% No Response 2 1 1 0 4 7% Total 21 17 12 4 54
Employment Status of AH Heads Cubao Station, Quezon City Total Employment Status Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Permanent 0 0 0 0 0 0% Temporary/Casual 0 0 0 0 0 0% Contractual 0 0 0 0 0 0% Seasonal 0 0 0 0 0 0% Job Order 0 0 0 0 0 0% For self - employed workers/Employee in 19 16 11 4 50 100% family business Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 19 16 11 4 50 *based on 50 employed AH heads
Household Income of AHs Cubao Station, Quezon City Total Monthly Income Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro 10,000 and Below 0 4 3 0 7 13% 10,001 to 20,000 6 3 6 3 18 33% 20,001 to 30,000 7 2 2 0 11 20% 30,001 to 40,000 3 3 0 0 6 11% 40,001 to 50,000 2 0 0 0 2 4% 50,001 to 60,000 0 4 0 1 5 9% 60,001 to 70,000 0 0 0 0 0 0% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 1 0 0 0 1 2%
71 Cubao Station, Quezon City Total Monthly Income Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro 90,001 to 100,000 0 0 0 0 0 0% 100,001 to 200,000 0 0 0 0 0 0% 200,001 and above 0 0 0 0 0 0% No Response 2 1 1 0 4 7% Total 21 17 12 4 54 100% Average 31,426.32 30,562.50 16,454.55 26,750.00 27,482.00 Min 15,000.00 5,000.00 5,000.00 12,000.00 5,000.00 Max 90,000.00 60,000.00 30,000.00 60,000.00 90,000.00 Median 28,000.00 29,000.00 20,000.00 17,500.00 20,500.00
Household Expenditure of AHs Cubao Station, Quezon City Total Monthly Expenditure Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro 10,000 and Below 3 4 5 1 13 24% 10,001 to 20,000 8 7 6 2 23 43% 20,001 to 30,000 5 2 1 1 9 17% 30,001 to 40,000 5 2 0 0 7 13% 40,001 to 50,000 0 1 0 0 1 2% 50,001 to 60,000 0 0 0 0 0 0% 60,001 to 70,000 0 1 0 0 1 2% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 0 0 0 0 0 0% 100,001 to 200,000 0 0 0 0 0 0% 200,001 and above 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 21 17 12 4 54 Average 20,083.81 21,032.41 12,572.92 14,887.50 18,328.44 Min 8,250.00 4,470.00 5,950.00 5,800.00 4,470.00 Max 37,300.00 64,800.00 21,050.00 22,400.00 64,800.00 Median 17,510.00 14,725.00 11,550.00 15,675.00 15,350.00
Business Ownership
Business Cubao Station, Quezon City Total Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Ownership No % Rodriguez Concepcion de Porres Socorro Yes 21 17 12 4 54 100% None 0 0 0 0 0 0% Total 21 17 12 4 54
72 Type of Business Cubao Station, Quezon City Total Type of Business Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Retail Trading 21 17 12 4 54 100% Manufacturing 0 0 0 0 0 0% Personal Services 0 0 0 0 0 0% Home/Small-Scale 0 0 0 0 0 0% Industry Transport 0 0 0 0 0 0% Service Contracting 0 0 0 0 0 0% Agri-business 0 0 0 0 0 0% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Initial Capital Cubao Station, Quezon City Total Initial Capital Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro 10,000 and Below 11 13 8 2 34 63% 10,001 to 20,000 2 1 1 1 5 9% 20,001 to 30,000 2 0 2 0 4 7% 30,001 to 40,000 1 2 0 1 4 7% 40,001 to 50,000 2 1 1 0 4 7% 50,001 to 60,000 0 0 0 0 0 0% 60,001 to 70,000 1 0 0 0 1 2% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 1 0 0 0 1 2% 100,001 and above 1 0 0 0 1 2% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Source of Capital Cubao Station, Quezon City Total
Source of Capital Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro
Savings 9 9 8 3 29 54% Personal loan/ lending 11 8 4 0 23 43% Others 1 0 0 1 2 4% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
73 Present Capitalization
Present Cubao Station, Quezon City Total Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Capitalization No % Rodriguez Concepcion de Porres Socorro 10,000 and Below 3 7 2 0 12 22% 10,001 to 20,000 8 3 4 1 16 30% 20,001 to 30,000 1 2 2 1 6 11% 30,001 to 40,000 2 2 0 0 4 7% 40,001 to 50,000 1 0 2 2 5 9% 50,001 to 60,000 1 1 0 0 2 4% 60,001 to 70,000 1 0 1 0 2 4% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 0 2 0 0 2 4% 100,001 and above 2 0 1 0 3 6% No Response 2 0 0 0 2 4% Total 21 17 12 4 54
No. of Years in Operation
No. of Years in Cubao Station, Quezon City Total Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. Operation No % Rodriguez Concepcion de Porres Socorro Less than 1 year 1 1 1 0 3 6% 1 - 5 years 3 6 7 3 19 35% 6 - 10 years 14 8 3 0 25 46% More than 10 years 3 2 1 1 7 13% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Monthly Net Income Cubao Station, Quezon City Total Monthly Net Income Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro 10,000 and Below 1 5 3 0 9 17% 10,001 to 20,000 12 6 8 4 30 56% 20,001 to 30,000 5 3 1 0 9 17% 30,001 to 40,000 1 1 0 0 2 4% 40,001 to 50,000 1 0 0 0 1 2% 50,001 to 60,000 0 2 0 0 2 4% 60,001 to 70,000 0 0 0 0 0 0% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 1 0 0 0 1 2% 90,001 to 100,000 0 0 0 0 0 0% 100,001 and above 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
74 Status of Business Operations Status of Cubao Station, Quezon City Total Business Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Operations Rodriguez Concepcion de Porres Socorro Continuous 21 17 10 4 52 96% Seasonal 0 0 2 0 2 4% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
With Intention to Request Assistance With Intention to Cubao Station, Quezon City Total Request Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Assistance Rodriguez Concepcion de Porres Socorro Yes 12 9 1 1 23 43% None 9 8 9 3 29 54% No Response 0 0 2 0 2 4% Total 21 17 12 4 54
Type of Assistance Needed Type of Cubao Station, Quezon City Total Assistance Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Needed Rodriguez Concepcion de Porres Socorro Additional capital 11 7 1 1 20 87% Training 0 0 0 0 0 0% Additional 0 0 0 0 0 0% manpower Others 1 1 0 0 2 9% No Response 0 1 0 0 1 4% Total 12 9 1 1 23 *based on 23 AH heads with Intention to Request Assistance
Roof Material Cubao Station, Quezon City Total Material Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Nipa 0 0 0 0 0 0% G. I. Sheets 18 8 5 1 32 59% Cogon 0 0 0 0 0 0% Wood 3 5 6 3 17 31% None 0 0 0 0 0 0% Others 0 4 1 0 5 9% Total 21 17 12 4 54
Wall Material Cubao Station, Quezon City Total Material Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Concrete 16 10 5 2 33 61%
75 Cubao Station, Quezon City Total Material Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Wood 4 4 6 2 16 30% Bamboo 0 0 0 0 0 0% Cogon 0 0 0 0 0 0% None 0 0 0 0 0 0% Others 1 3 1 0 5 9% Total 21 17 12 4 54
Light Source Cubao Station, Quezon City Total Source Bgy. E. Bgy. Immaculate Bgy. San Martin de Bgy. No % Rodriguez Concepcion Porres Socorro Electric 21 17 12 4 54 100% Kerosene 0 0 0 0 0 0% Coleman 0 0 0 0 0 0% Oil 0 0 0 0 0 0% None 0 0 0 0 0 0% Others 0 0 0 0 0 0% Total 21 17 12 4 54
Water Source Cubao Station, Quezon City Total Source Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Rain Water 0 0 0 0 0 0% Spring/river 0 0 0 0 0 0% Open well 0 0 0 0 0 0% Artisan well 0 0 0 0 0 0% Pump well 0 0 0 0 0 0% Piped water 18 12 10 4 44 81% Others 3 5 2 0 10 19% Total 21 17 12 4 54
Fuel Source for Cooking Cubao Station, Quezon City Total Source Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Wood 0 0 0 0 0 0% Charcoal 0 0 0 0 0 0% LPG 19 10 4 3 36 67% Kerosene 2 5 7 1 15 28% Electricity 0 1 0 0 1 2% None 0 1 1 0 2 4% Others 0 0 0 0 0 0% Total 21 17 12 4 54
76 Toilet Cubao Station, Quezon City Total Toilet Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Open pit 0 0 0 0 0 0% Antipolo 2 0 0 0 2 4% Semi-flush 16 12 11 3 42 78% Flush 3 2 0 0 5 9% None 0 0 0 1 1 2% Others 0 3 1 0 4 7% Total 21 17 12 4 54
Project Awareness Cubao Station, Quezon City Total Awareness Bgy. San Bgy. Immaculate Bgy. Bgy. E. Rodriguez Martin de No % Concepcion Socorro Porres Yes 21 17 12 4 54 100% No 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 21 17 12 4 54
Source of Information Cubao Station, Quezon City Total Source Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Barangay meetings/ 5 2 0 1 8 15% consultation DOTr official 5 4 0 0 9 17% Government/ 0 0 0 1 1 2% Barangay Official Neighbors 2 0 0 1 3 6% Radio/TV/Newspaper 1 0 0 0 1 2% Survey/Research 8 10 12 1 31 57% Others 0 0 0 0 0 0% No Response 0 1 0 0 1 2% Total 21 17 12 4 54 *based on 54 AH heads who answered that they are aware of the project
Positive Impacts Cubao Station, Quezon City Total Impacts Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Better access 10 8 8 3 29 23% to/frombarangay/city Cleaner surroundings 9 8 11 2 30 24% Creation of jobs and livelihood opportunities 6 3 1 0 10 8% (including in relation to project civil works & O&M)
77 Cubao Station, Quezon City Total Impacts Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Fewer road accidents 7 5 3 2 17 14% Lower expenses for 1 4 5 1 11 9% vehicles maintenance Opportunities for local 4 4 4 0 12 10% vendors and businesses Progress in the barangay/ 6 8 0 0 14 11% city I don't know 0 0 0 0 0 0% No Response 0 1 1 0 2 2% Total 43 41 33 8 125 *based on 54 AH heads who answered that they are aware of the project; multiple responses
Negative Impacts Cubao Station, Quezon City Total Impacts Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Air pollution 6 3 0 2 11 15% Damage or pollution of 3 1 0 1 5 7% environment Increase in 4 4 0 1 9 12% congestion Loss of Jobs or 11 8 4 1 24 32% livelihood Loss of plants, 2 3 0 2 7 9% natural habitats Loss of property 2 2 7 0 11 15% Loss or contamination of 0 0 1 0 1 1% drinking water Water Pollution 1 1 0 0 2 3% I don't know 0 0 0 0 0 0% No Response 1 2 1 0 4 5% Total 30 24 13 7 74 *based on 54 AH heads who answered that they are aware of the project; multiple responses
Project Approval Cubao Station, Quezon City Total Approval Bgy. E. Bgy. Immaculate Bgy. San Martin Bgy. No % Rodriguez Concepcion de Porres Socorro Yes 13 14 10 4 41 76% No 7 3 1 0 11 20% No Response 1 0 1 0 2 4% Total 21 17 12 4 54 *based on 54 AH heads who answered that they are aware of the project
78 Appendix 4. Attendance and Photo documentation of Consultations: 2018 and 2019
Project Stakeholders and Consultation Meetings - 2018
The IEC Program in the form of regular coordination meetings, project presentations and distribution of resource materials were provided to inform the stakeholders what the Project is, who the proponent is, the anticipated benefits for the community, and the project development schedule.
A Stakeholder Meeting was conducted last 18-October-2018 at the Columbia Tower, Ortigas Avenue, Pasig City. (See Error! Reference source not found.). The stakeholders’ participants were mainly from various government offices such as Metro Manila Development Authority (MMDA), Department of Public Works and Highways (DPWH), Department of Environment and Natural Resources - Environmental Management Bureau (DENR-EMB) and others. Scanned copy of attendance sheets is attached below.
Similarly, an Initial Focus Group Discussion (FGD) was conducted last October- 2018 at Phil-Am Subdivision Barangay Hall, Phil-Am Homes, Quezon City. Majority of the participants are from Barangay Veterans and Barangay Phil-Am. Scanned copy of attendance sheets is provided below.
The summary of the community meetings and IECs for the EDSA Greenways Project Phase 1 is summarized in Table 2.
79
Table 2. IEC and Stakeholder Engagement
Date Parties Invited Key Points Discussed As part of the feasibility studies, the environmental and social process identifies the likely issues or impacts that the project may cover. Stakeholders’ 18 October Government Agencies consultation was conducted to get the perception and possible suggestions of the affected communities and businesses to the Project. This covers the discussion of the Project, including Private Companies, Institutions and its objectives, scope, major design 22 October public group observations, environmental impacts and development plans. Brief introduction of the Project and plan Barangays PhilAm, Veterans and developments were discussed during the Bagong Pag-asa (as represented by meeting. FGD and Perception Surveys women’s, PWDs and senior citizens), 6 November were conducted to get the perception of as well as representatives from the community about the current Damayan ng Maralitang Pilipinong Api pedestrian facilities and suggest how the (DAMPA) and Babaylanes Inc. Project can improve these facilities.
From the FGD and perception survey conducted among the barangay representatives, civil society groups and pedestrians particularly women, LGBT and PWDs, the participants generally feel unsafe to access pedestrian passages due to potential harassment and bullying.
The summary of issues and concerns and the recommendations and solutions of the participants are presented in Table 3.
Table 3. Summary of the Initial FGD Conducted at the Preparation Stage
Themes Issues and Concerns Solutions/ Recommendations Improper placement of footbridges The lack of gender neutral toilets for SOGIE sensitisation Design and facility pathways (Munoz to SM journey), Incorporating gender neutral toilets that may benefit LGBT, pregnant in longer pathways women, and seniors Dedicated spaces/facility for Standard height and width of steps; seniors/ PWDs design of the stairs and steps not Assistance to seniors and PWDs accessible to pregnant women, who want to walk from Veteran’s PWDs, seniors, children Village to SM/ TriNoma Too high footbridges Access Working elevators Low maintenance of structures Working escalators Low quality of construction Working walkalators materials Standard width for wheelchairs The whole structure is not and ramps accessible to PWDs Railings
80 Themes Issues and Concerns Solutions/ Recommendations No streetlight Open live wire within arm’s reach; cable wiring too low, children can even reach it Additional security should be adopted by every barangay No/ lack of security Create a barangay network to Young kids commit crimes (hold-up, address security issues and other throw stones) and when caught they concerns with government come back to the site because of agencies as lead the lack of facility for these children Covered walkway Crimes are rampant, usually done by young adults Orientation for workers, guards on Gender Sensitivity Training (GST), Harassment of female students and SOGIE 101 Slippery flooring when raining Orientation and information Safety and Security Cat calling by construction workers, dissemination on catcalling and the inconvenience and harassment street harassment and how to push them to find longer path which report them; the creation of means longer travel time mechanism for reporting and LGBT feels unsafe when they are information dissemination of security checked because they ordinances have to declare their gender and Presence of CCTV may result to shaming and Creation of gender police discrimination by insensitive knowledgeable of the issues and security personnel, they are often concerns of women and LGBT and discriminated in queues and the presence of women’s desk or restrooms information on where to approach Footbridges grid flooring are them susceptible to voyeurism and dangerous to children, people with canes. Structures cannot be used when it rains and may become too hot during summer or daytime Dirty, garbage is visible People sleeping on the footbridges Vendors occupy space, so path becomes narrower (Muñoz market/ Brgy. Veteran’s Katipunan, Bahay Canopies / covered walkway Environment and Toro, Magsaysay) Sufficient facility aesthetics Restroom facilities in the stations A green design with lots of spaces are present but no water supply The absence or lack of greenery Cleanliness and sanitation is compromised because people relieved themselves in the foot bridges Question of maintenance Sales people/flyers aggressively offer their products to people— Coordination inconvenient and bordering on Dialogue to solve traffic problem Others pedestrian discomfort Depot for provincial buses so they No bike lane do not have to ply metro streets Roads are being repaired when Bike lane there is nothing wrong with them
81 Themes Issues and Concerns Solutions/ Recommendations Orientation on the concept of safe spaces for pedestrians — safety, security
82 Project Stakeholders and Consultation Meetings – 2019
Below summarize the key findings of the focus group discussion conducted with 64 residents of the communities in the vicinity of five train stations along EDSA last April 2019. The discussions revealed a general agreement by the residents to the issues about the existing pedestrian facilities such as footbridges and foot paths (sidewalks). The FGDs brought forward key insights from the people who use the current pedestrian facilities about their daily experience, thoughts and suggestions to improve the facilities.
Methodology
Five focus group discussions were conducted from April 16, 2019 to April 20, 2019 on the following train stations: Taft, Guadalupe, Cubao (MRT); and Balintawak, Monumento (LRT). Scanned copy of attendance sheets is attached below.
The participants were identified by the barangay chairman using the following criteria:
• Pedestrian users who were direct beneficiaries of the project • Barangay officers such as kagawads and barangay administrators • Residents of the barangay, the profile of which are follows: Representative of the Sector (women, elderly, youth and PWDs) Availability and willingness to participate in the FGDs
Total of 64 participants joined the focus group discussion. Below is the distribution per train station: Train Station Train Line No. of participants Monumento LRT 12 Balintawak LRT 14 Cubao MRT 15 Guadalupe MRT 13 Taft MRT 10
FGD participants were categorized as follows: (a) Female-Headed Households; (b) Disabled HHH; (c) W/in Poverty Threshold – Households; and (d) Others. They were also identified based on the group they belong to or represent such as the barangay, nongovernment organisations (NGO), vulnerable members of society, among others.
The facilitators first introduced themselves, provided an overview about the project and key stakeholders including the ‘Build, Build, Build’ Program of the national government and the EDSA Greenways Project.
Participants were then asked to sign the “information sheet” and “consent forms”. Ground rules for the focus group discussion were likewise tackled before the activity. E.g., there is no right or wrong response, open mindedness and willingness to listen to others or allowing for others to give their opinions.
In terms of demographics, the following are some of the major characteristics of the FGD participants: • 95% of participants are 30 years of age and older • There are more female (46) than male (18) participants • There was a good mix of participants based on civil status – single (22%), married (31%) and widow/widower (25%) • 40% of participants belong to households that have four members maximum • 42% of participants work are barangay staff while 15% are presently in between jobs • 52% of participants have monthly income of Php 20,000 and below; 22% of participants earn more than Php 20,000 per month while 26% of participants did not indicate their monthly income
83 Key Findings
1. Opinions on current status of existing pedestrian facilities
Common responses about existing pedestrian facilities mainly relate to design and safety concerns in the use of these facilities.
One participant in Monumento commented that the current footbridge is really helpful but the design and materials used pose danger and hazard particularly when it rains and the steps become slippery. Participants question the choice of steel in building the foot bridges.
In terms of ease and comfort, existing footbridges make it difficult to children, the elderly, pregnant women and persons with disabilities (PWD) to use the facility. The steep inclines and steps contribute to this difficulty.
• “Nakakahingal sa sobrang taas” (I gasp when I climb the stairs because of its height), said one participant in Monumento Station • “… kadalasan ang elevator laging nasisira.” (More often than not, the elevator is not working), said one participant in Cubao Station • “Sobrang kitid ang walkways, sidewalks at footbridges” (Walkways, sidewalks at footbridges are too narrow), said one participant in Guadalupe Station • “Matarik masyado ang footbridge na gawa ng MRT” (The footbridge of MRT is too steep), said one participant also in Guadalupe Station • “... hinihingal sap ag-akyat lalo na sa mga tulad naming buntis”, said one participant in Monumento Station Maintenance and upkeep is another common issue across the focus group participants. Those we are working for the barangay are unclear as to who is responsible for the upkeep of these pedestrian facilities. Participants in Monumento recognize that the MMDA help in cleaning the footbridges. This is in contrast to Balintawak and Cubao where focus group participants mentioned that their local government unit (barangay and city) have been responsible maintaining the facility such as declogging the drainage.
2. User’s experiences of existing pedestrian facilities
The experiences of the focus group participants are likewise similar on a number of issues.
Safety and security are on the top of those concerns.
• “Maraming mandurukot” (There are many petty thieves), said one participant in Taft station. • “May snatching na nangyayari sa tulay” (Snatching happens on the bridge), commented by a participant in Guadalupe station
Specifically, pedestrian facilities in Cubao station concern the focus group participants due to sex workers, women and children, that stay in the pedestrian facilities. Cubao has a number of “beer houses” outside the train station.
On the other hand, street children that include what are referred to as “batang hamog” and “rugby boys” are a common sight at the foot of Guadalupe Station.
Focus group participants have also raised a concern about homeless people turning the pedestrian facilities in Monumento and Balintawak Stations as sleeping quarters.
Moreover, focus group participants mentioned ambulant vendors as another obstruction present in footbridges. These vendors have no permits from either the barangay or LGU.
84 3. Responses on proposed improvements of existing pedestrian facilities
Focus group participants’ suggestions to improve pedestrian facilities revolve around design and upkeep.
Design features that would help pedestrians have an easier and better experience in using the facilities were mentioned such as elevators and walkalators.
However, focus group participants in Balintawak have reservations due to the business establishments (market) in the area. They think that people might use the elevator to transport goods and might contribute to wear and tear of elevators intended for pedestrians.
Rest rooms and breast-feeding stations were mentioned by mothers and women in the focus groups as welcome additions to better pedestrian facilities.
Another improvement would be installing lights and closed-circuit television (CCTV) to serve as deterrent to crime.
Focus group participants in Cubao recommended that different stakeholders should communicate with one another and clarify their responsibilities. City government (Engineering Office), barangay, MRT and the MMDA have roles to play.
Security of these pedestrian facilities should be addressed. Need authorities in monitoring and surveillance especially at night.
Maintenance of cleanliness is another recommendation of the group. The present upkeep of these facilities is unsatisfactory.
85
Appendix 5. Project Information Sheet
Project Information Sheet for the EDSA Greenways Project
WHAT IS THE EDSA GREENWAYS PROJECT?
The EDSA Greenways Project aims to enhance pedestrian connectivity, accessibility, safety and comfort between nearby rail stations, as well as nearby higher density land uses for selected stations along LRT-1 and MRT-3. Connectivity enhancements will focus along 6 key areas in Metro Manila, to wit: (i) North Avenue (TriNoma): to create seamless connections to existing developments and future rail lines and public transport nodes; (ii) Cubao: to improve connectivity and access between Cubao MRT and LRT stations as well as access to the bus and jeepney nodes; (iii) Guadalupe: to strengthen connectivity and access between Guadalupe MRT Station and bus/jeep nodes and creating a new cross river walkway; (iv) Taft: to Create a better pedestrian circulation at EDSA-Taft Junction and rejuvenate Taft Avenue Extension; (v) Monumento: to enhance pedestrian walk and access between Monumento LRT station to Monumento Circle, bus/ jeep nodes and EDSA west; and (vi) Balintawak: to connect Balintawak LRT station to Cloverleaf Mall and key locations in the Cloverleaf Interchange area.
Trinoma Area
EDSA Greenway Station
Source: http://www.johomaps.com/as/philippines/manila/manilametro.html
86 Figure 1. Map Depicting Common Station Location Relative to Metro Manila
This study will be broken up into two phases:
• Phase 1 – Focuses on the short-term situation in the vicinity of the planned Common Station at the intersection of EDSA, North Avenue and West Avenue.
• Phase 2 – Focuses on the long-term situation at the planned Common Station as well as the short-/long-term at the other five stations. WHO WILL BE IMPLEMENTING THE PROJECT? During this Phase 1 EDSA Greenways Feasibility Study, it is assigned that the Department of Transportation (DOTr) of the Government of the Philippines is the implementing agency, with Arup as the assisting consulting firm. The project will be implemented with financial and technical assistance from the Asian Development Bank (ADB).
WHAT WILL BE THE SCOPE OF THE PHASE 1 PROJECT?
The project scope will include the construction of elevated footbridges and associated stairwell landings and elevators at access points between the footbridge and the current at-grade street network. The footbridge will typically range in width from 4.0-5.0m depending on the level of pedestrian demand to be served. These footbridges will include walking areas, as well as planters or landscaping alongside and connect major rail stations with surrounding land uses and major trip generators. The footbridges will be covered, but otherwise open to the air, with gratings/fencing alongside the footbridge. Small mobile kiosks will be located at select access points, while advertising panels may cover some of the gratings/fencing. The footbridge itself will be supported by columns along the sidewalk. Sidewalk widening may be necessary at spot locations to provide a sidewalk width of 4.0m to support the column and retain a pedestrian walkway and access to adjacent properties. Along the first stretch of EDSA (between Roosevelt and Common Station), sidewalk widening would be achieved by reallocating a portion of the EDSA right-of-way. Other areas are still under scheme development. Six landings (stairwells and elevators) will be provided in this initial 1.0 km stretch.
87 Figure 2. Extent of the Initial Section from Roosevelt to SM North
Figure 3. Footbridge Design Plan (Design is conceptual at this stage and subject) to
88
Figure 4. FootbridgeSectio (Design is conceptual atCross this stage and subjectn to change) WHAT SOCIAL AND ENVIRONMENTAL IMPACTS ARE ANTICIPATED AS A RESULT OF THE PROJECT?
The Phase 1 sub-project alignments shall follow existing alignment thereby will not greatly impact the area. Temporary use of land during construction will strategically be located to minimize social and environmental impacts. However, the following activities will result to minimal land acquisition and other impacts: (i) construction of elevated walkways requiring landings for escalators/ stairs/ elevators as well as land for the support columns; (ii) ROW clearing will be necessary to maximize use for the overall project; and (iii) construction along existing operating roads shall require temporary land takes / occupation. Social: The envisaged impacts therefore are as follows: (i) Permanent land loss and damage to structures (including trees), (ii) Temporary loss of access along the ROW or disruption of land use or other activities during construction works, (iii) Temporary loss of income of establishments along the ROW and among ambulant vendors, and (iv) Increased susceptibility of vulnerable sectors to cope with risks associated with the project.
Environmental: The envisaged impacts are: (i) Temporary alteration of air quality due to accumulation of particulate matter, (ii) Temporary deterioration of surface water due to possible silt run-offs, spills and contamination from oil, grease and fuel and sanitary wastes,
89 (iii) Temporary increase in generation of noise level, (iv) Temporary alteration in aesthetic condition during construction, including traffic, and (v) Impacts on health and safety.
WHAT KEY SOCIAL AND ENVIRONMENTAL ACTIVITIES NEED TO BE CONDUCTED IN SUPPORT OF THE PROJECT?
Social: The following activities need to be conducted for the social aspects of the project: (i) Conduct of consultations with affected households and entities; (ii) Conduct of socioeconomic surveys amongst affected households and entities; (iii) Conduct of replacement cost survey for asset losses; and (iv) Prepare Draft Resettlement Plan with ensuing and appropriate disclosure mechanisms for affected persons and entities.
Environment: The following activities need to be conducted for the environmental aspects of the project: (i) Environmental Management Plans a. Prevention and Mitigation Plans for possible impacts on air, water and noise b. Traffic plans c. Emergency Response Procedures d. Maintenance Plans (ii) Environmental Monitoring Plans for air and noise.
ARE THE AFFECTED PERSONS (AP) ENTITLED TO ANYTHING FOR THEIR LOSSES?
Yes, entitlements will be appropriated to affected persons based on associated loss type per result of the social surveys by end of April 2019. A compensation package is currently being crafted with due consideration to applicable laws of the Government of the Philippines and the ADB Safeguards Policy Statement of 2009 to be disclosed to affected households and entities within the 2nd Quarter of 2019. The compensation package is a proper and equitable replacement provided in the form of cash or other agreed in kind at replacement cost to the affected person in the process of land acquisition and restricting their regular movement within the project site --- for assets and livelihoods lost as a result of the project.
WHAT IS MEANT BY CUTOFF DATE AND WHEN WILL BE THE CUTOFF DATE?
The cutoff date is the due date where the eligible affected persons can still claim and receive necessary compensation and/or other assistance from the loss source of livelihood or residential space. The cutoff date will coincide with the 1st day that the surveys/census of affected persons and the inventory of loss will be conducted as overseen by representatives of the Barangay Local Government.
HOW ARE THE GRIEVANCES OF APs HEARD AND RESOLVED?
90 A project Grievance Redress Mechanism is still being crafted for disclosure to the public by the 2nd Quarter of 2019. For the moment, all grievances may be directed to the focal person as indicated below or through normal channels within the Barangay Local Government.
WHEN IS THE PROJECT EXPECTED TO COMMENCE?
The project is envisaged to start within the 4th quarter of 2019.
WHO MIGHT BE CONTACTED FOR ANY INQUIRIES ABOUT THE PROJECT? Name of Focal Person: Fidel Sandino F. Hapal Designation: Architect/Environmental Planner Office Address: Road Transport and Infrastructure Department of Transportation 6/F Unit 61 Columbia Tower Ortigas Avenue, Mandaluyong City 1555 Philippines Contact details: Telephone Number: (+632) 790-83 local 271 / +63 998 543 6920 Email address: [email protected]
91 Appendix 6. Sample Terms of Reference for Appraisal Services
TERMS OF REFERENCE (DRAFT) PROPERTY APPRAISAL SERVICES PURSUANT TO RA 10752
(I) BACKGROUND a) Insert description and map of the project for which the right-of-way (ROW) or site location is required. b) Insert the Parcellary Survey Report for the project indication the properties affected by the ROW.
(II) OBJECTIVES OF THE SERVICES a) To determine the fair market value of the land, the replacement cost of structures/improvements, and the fair market value of crops and trees in the properties described above as affected by the ROW and site location requirement of the said project b) To recommend the appropriate price offer for negotiated sale of the affected properties based on the above. c) To provide technical assistance, if necessary, to the IA on the negotiation proceedings, including possible administrative and judicial processes.
(III) DESIRED OUTPUTS The GFI/IPA is expected to deliver to the IA and Appraisal Report that Contains the following (Include all that apply): • Estimated market value of the land under consideration. • Estimated replacement cost of structures and improvements therein • Estimated market value of crops and trees therein • Recommended total price offer for negotiated sate for the properties affected. • Other reports/advisories as needed in the negotiation proceedings.
(IV) STANDARDS AND SPECIFICATIONS. In providing the services and delivering the desired outputs, the GFI/IPA shall observe the following standards and specifications listed under Section 7 of RA 10752: 1. The Classification and use for which the property is suited - Based on, among other things, the latest approved land use plan and/or zoning ordinance, if any, of the city or municipality concerned. 2. The development cost for improving the land - Based on, among other things, the records and estimates of the City or Municipal Assessor concerned, GFI or IPA for similar or comparable lands 3. The Value declared by the owners - Based on the value shown in the owners’ latest Tax Declaration Certificates or Sworn Statements 4. The Current selling price of similar lands in the vicinity - Based on, among other things, the latest recourse on Deeds of Sale for similar lands in the office of the Register of Deeds concerned 5. The Reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of improvements thereon - Consider, among other things, the replacement cost of the improvements at current market prices as provided in Section 6.6 of IRR of RA 10752
The size, shape or location, tax declaration and zonal valuation of the land - Based on, among other things, the latest records on Deeds of Sale in the Register of Deeds, tax Declaration by the City or Municipal assessor, zonal valuation of the BIR for comparable properties 6. The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and 7. 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 require from them by the government, and thereby rehabilitate themselves as early as possible.
(V) DURATION OFSERVICES AND TIMETABLE FOR DELIVERABLES
Phases Timeline Deliverable Remarks Pre-Project 1st week Planning Framework Documents needed: Project Start-up • Conference /meetings Layout/Survey Plans; Parcellary Plans • Confirmation of proposal
92 Phases Timeline Deliverable Remarks • Consolidation and review of indicating the width of the highway, Title documents and Tax Declaration per lot Pre-Site Visit 2nd week Site Familiarization Determination of the exact location of • Meetings with Barangay Officials the property through physical inspection • Establishment of Field Offices • Pre-Site Inspection • Securing Other References (Tax Map/Tax Declaration) from the Assessors 3rd and 4th Property Identification and Site • Encroachment on or of the property week Analysis subject of appraisal including • Identification of each property on improvements thereon; ground versus plan submitted that • Existence and availability of basic includes the location, accessibility, service utilities in the community terrain, developments ad where the property is located such improvements thereon as water, electricity, transportation, • Definition of physical features of road networks, etc.; improvements and their conditions • History of severity of flooding and measurements caused by rainfall and other causes • Counts of considerable trees within either natural or man-made; each affected lot and other structures • Presence of informal settlers either on site. within the property or its immediate • Investigation, queries and validation vicinity; of current prices of lots and sold • Topography and elevation of the properties in the project vicinity property with respect to road level; • Canvas of current construction • Soil erosions particularly for materials in the locality properties bounded by bodies of water; • Presence of waterways, canal or drainage structures that run through or bounds the property; • Proximity of the properties within the legal easements: river, foreshore, forested areas and • If the property is located within or near the fault line buffer zone. On site 5th week Documentation of Properties Affected Research on documents with Validation of - Securing or verification of documents government agencies dealing with real Ownership (Titles) with Registry of Deeds and other property namely: Municipal Assessor’s agencies concerned Office, Tax Mapping Office, Land Registration Authority (LRA), Department of Environment and Natural Resources (DENR)- Community Environment and Natural Resource Office and Land Management Bureau, Department of Agrarian Reform, Department of Agriculture, or any other agency that ascertains the legal, physical existence, and exact location of real properties Off-Site 6th week Write-ups and Preparation of Draft Generation of Vicinity/Location Map (Office) Report indicating the landmarks near the • Consolidation and analysis of subject property, if any Photographs of gathered data and information the landowner or his /her representative • Establishing benchmarks of valuation with background the façade of the and calculations of market value per house and interior of the housing unit, property side and rear views of the unit and view • Composition and printing of Draft of the street where the property is Report abutted/situated should be provided. 7th week Review of Draft Report33 • Reproduction of gathered documents for attachments
33 Refer to the template prescribed by the Institute of Philippines Real Estate
93 Phases Timeline Deliverable Remarks • Compilation of write-ups and attachments for submission 8th week Review of Revised Draft Report • Review of findings on the Draft Report • Preparation of Revised Draft Report considering comments/corrections • Submission of Revised Draft Report 9th week Final Report/Output – Six (6 ) Copies of Report - Review and reproduction of Revised Draft Report and submission as Final Appraisal Report (6 copies)
Outline of Report34 Part 1 – Introduction 1. Title page 2. Table of Contents 3. Letter of Transmittal 4. Executive Summary (Important Fact and Conclusion)
Part 2 – Purpose and Scope 5. Date and purpose of the Appraisal 6. Definition of Value 7. Definition of Property Rights Appraised 8. Function of the Appraisal
Part 3 – Property Data 9. Identification of the Property 10. Location and Improvements 11. Site data 12. Description of Improvements 13. Assess Value and Utilities
Part 4 – Property Assessment 14. Highest and best Use Analysis 15. Market Analysis 16. Justification of the Valuation Methodology Applicable a. Cost Approach b. Market Data Approach
17. Interpretation and Correlation estimates 18. Value Conclusion 19. Certification 20. Limiting Conditions
Part 5 – Property Data 21. Location-Vicinity Map 22. Comparative Data Map, if any 23. Plot Plant 24. Compound Lay-out and /floor Plan of Improvements, if any 25. Other pertinent Exhibits 26. Qualifications of the Appraisers 27. List of Representative Clients
(VI) QUALIFICATIONS CRITERIA
34 Institute of Philippines Real Estate Appraisers Subject: Appraisal Report Writing presented during Symposium on Land Property Appraisal System and Development, Land Management Bureau, Department of Environment and Natural Resources, Bay view Park Hotel, Roxas Blvd., Manila, November 27, 1998.
94 As required by s.6.2 of the IRR to RA 10752, where applicable, priority shall be given to the engagement of the services of a GFI; taking into consideration efficiency, economy, and the needs of the IA.
If a GFI is considered it must be capable and have adequate experience to undertake the full range of assessment required for the tasks involved (Land, Structures, Improvements, Crops and Trees) using its own in- house manpower and resources. Similarly, for any IPA considered for appointment.
An IPA must meet the following criteria to qualify for the consulting services: • The IPA must be in the list of the BSP or a professional association of appraisers recognized by the BSP, provided, that an IPA not yet included in the list shall not be barred from joining the procurement for such services; provided further that, prior to award of the contract, such IPAs shall; be required to submit a proof that they already included in the list • IPA must comply with the experience and other eligibility requirements provided in RA 9184 and its IRR, including the registration and license required for a Real Estate Appraiser.
EVALUATION CRITERIA Score (out of 50) College graduate of any course 5 A licensed real estate appraisers by the Professional Regulation Commission 10 Demonstrated experience of at least five (5) years in real estate appraisal 10 Have undertaken at least 3 similar projects/contracts with private or government 10 agencies, in the Philippines or other Asian countries Affiliation/membership in good standing with a reputable appraisal organization 10 No derogatory record with the National Bureau of Investigation 5
(VII) SUBMISSION OF DELIVERABLES AND SCHEDULE OF PAYMENT
Approximate % of Deliverables Submission Deadline Contract Price Planning Framework or Inception Report 3 days after signing of contract 10% of Contract Price Site Familiarization Report 16 days after signing of contract 10% of Contract Price Property Identification & Site Analysis Report 23 days after the signing of contract 20% of Contract Price Documentation of Properties Affected Report 30 days after signing of contract 20% of Contract Price Initial Draft Report 37 days after signing of contract 10% of Contract Price Draft Report 44 days after signing of contract 5% of Contract Price Revised Draft Report 51 days after signing of contract 10% of Contract Price Final Report/Output 58 days after signing of contract 20% of Contract Price
95 Appendix 7. Template for Quarterly Monitoring Report
OUTLINE FOR THE INTERNAL MONITORING REPORT FOR EDSA GREENWAY PROJECT To be refined at Implementation Date of Monitoring Period I. GENERAL INFORMATION ABOUT THE PROJECT A. Project Objectives State the project objectives as consistently as possible. Refer to stipulations in both the PAM and this RP. B. Project Components Again, with reference to the PAM and this RP, enumerate and briefly describe the subproject components. C. Scope of Project Impacts Present impacts by loss per subproject as applicable, discuss each and should there be changes through each monitoring period. II. OBJECTIVES AND SCOPE OF SOCIAL SAFEGUARDS QUARTERLY MONITORING A. Objectives of Quarterly Monitoring Refer to RP Chapter on monitoring. B. Scope of Internal/ Quarterly Monitoring: Required Social Safeguards Documents III. DETAILED SOCIAL SAFEGUARDS IMPLEMENTATION PROGRESS There are 5 key areas of concern as regards social safeguards implementation and these are: (i) Consultation and participation (ii) Public information, disclosure and consultation (iii) Payment of compensation, allowances, and assistance viz civil works (iv) Livelihood restoration (v) Grievance redress A. Consultation and Participation of AHs B. Public Information Disclosure and Consultation 1. Disclosure Provide text for Table 1. Table 1: Disclosure on Social Safeguards Planning Documents and Related Activities As of (Date, Month, Year) Information disseminated Date Method of dissemination Key issues
2. Consultations Provide text for Table 2 that summarizes the Public Consultation and Participation activities and outcomes during the monitoring period. Attendance will be disaggregated by gender and ethnicity. Table 2: Consultation / Meetings Conducted As of (Date, Month, Year) Participants Consultation topic Date Venue Key Issues Male Female Both
96 B. Payment of Compensation, Allowances, and Assistance Viz Civil Works 1. DMS Process Complete Table 3 and discuss particulars in text. Table 3. Updated Progress of Social Safeguards Implementation As of (Date, Month, Year) DMS Payment of Compensation Resettlement and site clearance Bid awarded Start End Start End Start End
2. Progress of Payments for Compensation, Relocating AHs and Civil Works This section covers two key areas as operationalized for this monitoring period: (i) compliance to payment of compensation and allowances - noting relocation, and (ii) start of civil works. The purpose of this section is to assess progress and readiness to hand land over for civil works as well as compliance with conditions for handing over. Complete Table 4 below and present key points in text. Table 4: General Progress in Land Clearance and Handing Over of Land for Civil Works As of (Date, Month, Year) AHs Eligible for Compensation/ Allowance AHs Required to Relocate Remaining Date Land Hand # AHs fully Actual AHs to be Encumbrances Over for Civil Total AHs % Progress Total AHs paid Resettled (Yes/No) Works
C. Livelihood Restoration and Rehabilitation Restoration and rehabilitation approaches may vary significantly from barangay to barangay. Complete Table 5 and describe participation to available livelihood restoration and rehabilitation programs, disaggregated by gender and ethnicity. You may add columns for more livelihood restoration project/activity types. Table 5: Participation to Livelihood Restoration and Rehabilitation As of (Date, Month, Year) Livelihood Restoration x Livelihood Restoration y Livelihood Restoration z Grand Total Male Female Both Male Female Both Male Female Both Male Female Both
Other Remarks on Livelihood Restoration Please describe any issues encountered and approaches to resolve identified issues (if at all). D. Grievance Redress When grievances surface, provide a narrative summary of grievance cases by type of issue and location. How grievances are resolved must be documented as these happen. Refer to Table 6; to present this section in text form. Table 6: Status of Grievance Redress As of (Date, Month, Year) Grievance Topic # of complainants # of satisfied AHs Elevated to Court: # of complainants
IV. INSTITUTIONAL SUPPORT TO SOCIAL SAFEGUARDS A. Staff Support to Ensure Compliance This section presents the involvement of social safeguards-related staff within DOTr across levels. All focal persons will be listed along with contact details. Include any issues specifically addressed by management when engaging at the site level.
97 B. Funding Allocation and Disbursement Funds disbursement refers to handing over payments from DOTr down to the APs per stipulated social safeguard document budget allocation. Discuss Table 7. Table 7: Disbursement of Funds as of (Date, Month, Year) Social Safeguards Budget Funds Disbursed this Monitoring Period Comment/s
V. OVERALL STATUS, ISSUES, CONCERNS, AND PROPOSED ACTIONS Under this section, provide information on identified issues impacting the implementation of social safeguards compliance. You may choose to divide this section by crosscutting issues or by social safeguard document type. These may include resource constraints, changes in scope of impacts, etc. For succeeding internal monitoring reports, it is imperative to include resolution of issues cited in previous internal monitoring reports as well as those that may be cited during independent evaluation from ADB Headquarters. Indicate the estimated percentage of work accomplished eventually through time reflecting cumulative achievements per subproject up to the point of the current monitoring period. For Table 8, indicate the issues and concerns related to the subproject as indicated in the headings and the way forward to overcome issues and concerns. Table 8: Social Safeguards Issues, Concerns and Proposed Actions As of (Date, Month, Year) New/Current Pending from previous monitoring reports Proposed Action/s
Attachment 1. Minutes of Consultations Conducted as of (Date, Month, Year) Attachment 2. Photo-documentation for the Monitoring Period
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