PHI: Improving Growth Corridors in Mindanao Road Sector Project

Resettlement and Indigenous Peoples Plan ______

May 2020

PR09a: Guicam Bridge

Prepared by Department of Public Works and Highways for the Asian Development Bank Currency Equivalents (As of 14 May 2020) Currency unit – peso (PhP) PhP1.00 = $ 0.019 $ 1.00 = P 50.290

Abbreviations

AD Ancestral Domain ADB Asian Development Bank AH Affected Household AP Affected Person BIR Bureau of Internal Revenue CADT Certificate of Ancestral Domain Title CCA Community Consultative Assembly CALT Community of Ancestral Land Title CLOA Certificate of Land Ownership Award CAP Corrective Action Plan COI Corridor of Impact DEO District Engineering Office DPWH Department of Public Works and Highways DMS Detailed Measurement Survey DDR Due Diligence Report EA Executing Agency EMA External Monitoring- Agents EO Executive Order ESSD Environmental and Social Safeguards Division FBI Field based investigation FPIC Free and Prior Informed Consent GOP Government of the Philippines GRM Grievance Redress Mechanism Improving Growth Corridors in Mindanao Road IGCMRSP Sector Project IMA Internal Monitoring Agent IOL Inventory of Loss IP/ICC Indigenous People/Indigenous Cultural IPP IndigenousCommunity People Plan IPRA Indigenous People’s Rights Act LA Land Acquisition Land Acquisition, Resettlement, Rehabilitation LARRIPP and Indigenous Peoples Policy (DPWH, 2007) LGU Local Government Unit LRP Livelihood Restoration Program NCIP National Commission on Indigenous Peoples NEDA National Economic and Development Authority NGO Non-Government Organization

PhP Philippine Peso PIB Project Information Booklet PPTA Project Preparatory Technical Assistance RA Republic Act RCS Replacement Cost Study RIC Resettlement Implementation Committee RIPF Resettlement and Indigenous Peoples RIPP RFrameworkesettlement and Indigenous Peoples Plan ROW Right-of-Way RP Resettlement Plan SA Social Assessment SES Socioeconomic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement TCT Transfer Certificate of Title UPMO Unified Project Management Office USD United States Dollar

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Definition of Terms

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

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

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

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

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

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

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

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

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

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

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

Free and Prior The consensus of all members of the ICCs/lPs to be determined in accordance Informed Consent with their respective customary laws and practices, free from any external (FPIC) manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community.

Field-based It refers to the ground investigation to determine if the plan, program, project, investigation or activity overlaps with or affects an ancestral domain, the extent of the affected area, and the ICCs/lPs whose FPIC is to be obtained.

Livelihood 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 holds full title to or a allowance legalizable tax declaration over the land and structures severely affected by the project, and who consequently must move elsewhere.

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

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

Involuntary Refers to physical and economic displacement as a result of (i) resettlement Resettlement involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Such displacement can be full or partial, permanent or temporary.

When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation (ADB IR Source Book, 2012).

Land acquisition It is the process of acquiring land from the current owners pursuant to the provisions of RA 10752 modes of acquisition, i.e., Donation, Negotiated Sale, Expropriation, Acquisition of Properties under Commonwealth Act (CA) NO. 141, Exchange of Barter, Easement of Right-of-way, Acquisition of Subsurface Right-of-way and other modes authorized by Law.

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

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

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

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

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

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

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

Replacement cost Refers to the cost necessary to replace the structure or improvement affected by a ROW with a similar asset based on current market prices, i.e., with no

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deduction for depreciation or damage of the original asset (DPWH DRAM, 2017).

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

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

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

Note In this report, “$ refers to US Dollars

This resettlement and indigenous peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminarily in nature. Your attention is directed to the “terms and use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgements as to the legal or other status of any territory or area.

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TABLE OF CONTENTS EXECUTIVE SUMMARY ...... 1 I. PROJECT DESCRIPTION ...... 6 A. Background ...... 6 B. Description of the Sub-project ...... 6 1. Bridge and Approach Road Configurations ...... 7 2. Length of Bridge and approach roads ...... 7 C. Civil Works to be conducted ...... 8 D. Measures Adopted to Minimize Involuntary Resettlement Impacts ...... 8 E. Anticipated Social Safeguard Impacts ...... 9 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 10 A. Methodology of the Surveys ...... 10 B. Summary of Project Impacts ...... 10 1. Impact on land ...... 11 2. Impacts on structures ...... 13 3. Impacts on trees and crops...... 16 4. Impacts on business ...... 17 5. Vulnerable Households ...... 17 6. Physically and Economically Displaced Households ...... 18 7. Ethnicity ...... 18 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ...... 20 A. Background ...... 20 1. Provincial Profile ...... 20 2. Indigenous Peoples of the Project Area ...... 22 B. Municipalities of Alicia and Mabuhay and affected Barangays ...... 23 C. The Affected Households ...... 25 1. Socio-demographic Characteristics ...... 25 2. Ownership of Land and Structure ...... 27 3. Socio-economic Profiles ...... 28 4. Quality of Life ...... 29 5. Gender Issues Considered in the Project ...... 31 6. Perception of the Project Impacts ...... 31 IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 34 A. Consultation and Participation ...... 34 B. Consultations Conducted at Preparation of draft RIPP ...... 34 1. First Consultation Meetings ...... 34 2. Second Consultation Meetings ...... 37 C. Consultation conducted at preparation of Updated RIPP ...... 38 1. Validation and Disclosure Activity ...... 38 2. Livelihood Restoration Program Survey ...... 39 D. IP consultation ...... 40 E. Disclosure ...... 41 F. Consultation, Disclosure and Information Dissemination during RIPP Implementation41 G. Roles and responsibilities of communication and consultation ...... 42 V. GRIEVANCE REDRESS MECHANISM ...... 47 VI. LEGAL AND POLICY FRAMEWORK ...... 49 A. Relevant Laws and Regulation in the Philippines ...... 49 1. Involuntary Resettlement ...... 49 2. Indigenous People ...... 53 3. Other Laws and Guidelines...... 54 B. ADB Policies...... 55

C. Gap Analysis and Project Principles ...... 59 D. Social Safeguards Policy Principles for the Project ...... 65 VII. COMPENSATION AND OTHER ENTITLEMENTS ...... 67 A. Affected Persons and Eligibilities ...... 67 B. Compensation and Entitlements ...... 67 VIII. RELOCATION STRATEGY ...... 74 IX. LIVELIHOOD RESTORATION ...... 75 A. Objectives and Description of Beneficiaries ...... 75 B. Livelihood Restoration Strategy and Activities ...... 75 C. Preferences of Affected Households ...... 76 1. Relocatees ...... 76 2. Business owners ...... 77 3. Farmers ...... 77 4. Vulnerable AHs ...... 77 D. Available Programs and Support in the Project Area ...... 78 E. Description of LRP Program Activities ...... 80 F. LRP Management and Implementation ...... 81 G. LRP Cost Estimates ...... 82 H. LRP Implementation Schedule ...... 82 I. Monitoring and Evaluation ...... 83 X. RIPP BUDGET...... 85 XI. INSTITUTIONAL ARRANGEMENT ...... 87 A. Current DPWH Capacities on Social Safeguards ...... 87 1. National Level ...... 87 2. Site Level ...... 88 3. Interagency Coordination ...... 88 B. Capacity Building ...... 89 XII. IMPLEMENTATION SCHEDULE OF THE RIPP ...... 90 XIII. MONITORING AND EVALUATION ...... 94 A. Monitoring Arrangement ...... 94 1. Internal Monitoring ...... 94 2. External Monitoring ...... 97 B. Reporting and Disclosure ...... 100 APPENDICES ...... 101 Appendix 1: Memorandum of PR09a Parcellary Survey Plan based on 20m RROW Appendix 2: Affected Household by Loss Type Appendix 3: Tables of Sample Survey Results Appendix 4: Report on First Consultation Meetings Conducted at Preparation of draft RIPP Appendix 5: Report on Second Consultation Meetings Conducted at Preparation of draft RIPP Appendix 6: Minutes of Validation and Disclosure Activity Appendix 7: FPIC Process Appendix 7. 1: Minutes of Inter-agency Meeting Appendix 7. 2: Creation of FBI Re: CP/CNO Application of DPWH Appendix 7. 3: Work and Financial Plan for the conduct of FBI Appendix 7. 4: Copy of CP for PR09a Appendix 8: Copy of PIB in local language Appendix 9: Letter pertaining to Mobilization of Independent Property Appraiser Appendix 10: A Resolution Awarding 150 square meters of lot per affected residence for the construction of PR09a Appendix 11: List of LRP Eligible AHs Appendix 12: DSWD SLP LGU Skills and Livelihood Training

Appendix 13: Entitlement Matrix for Affected Structures, Improvements, Lots, Crops and Trees within 20 meters ROW limit Appendix 14: MOU and Pertinent Documents Appendix 15: Draft Template of Semi-annual Monitoring Report

List of Tables Table 1: Subproject Summary of Impacts ...... 10 Table 2: Project Components Requiring Land Acquisition and Areas to be Affected ...... 11 Table 3: AHs by Loss of Land and Severity ...... 12 Table 4: Severity of Agricultural Land ...... 12 Table 5: Number of Affected Agricultural Land and Households ...... 12 Table 6: Tenure Status of Affected Agricultural Land and Households (by Land Parcels) ... 13 Table 7: Loss of Structures ...... 13 Table 8: AHs by Loss of Main Structures and Severity ...... 13 Table 9: Affected Main Structures by Condition...... 14 Table 10: Severity of Impact on Main Structures ...... 14 Table 11: Land Tenure Status of AHs with Severely Affected Main Structures ...... 14 Table 13: Number of Affected Secondary Structures...... 15 Table 14: AHs by Loss of Secondary Structures and Severity ...... 15 Table 15: Affected Secondary Structures by Condition ...... 16 Table 16: Number of Community Structures ...... 16 Table 17: Number and Use of Community Structures ...... 16 Table 18: AHs by Loss of Trees and Crops ...... 17 Table 19: AHs by Loss of Business ...... 17 Table 20: Nature of Impact on Business...... 17 Table 21: Vulnerability of AHs ...... 18 Table 22: Number of Physically and Economically Displaced and Eligible for LRP ...... 18 Table 23: Provincial 2015 Statistic by Administrative Unit ...... 21 Table 24: 2015 Population of Alicia and Mabuhay per Barangay ...... 23 Table 25: Sex Disaggregated Data ...... 25 Table 26: Age of Sample AH Heads ...... 25 Table 27: Civil Status of Sample AH Heads ...... 26 Table 28: Religion of Sample AH Heads ...... 26 Table 29: Educational Attainment of Sample AH Heads ...... 26 Table 30: Place of Origin of Sample AH Heads ...... 27 Table 31: Length of Residence of Sample AH Heads...... 27 Table 32: Land Ownership ...... 27 Table 33: Land Use ...... 27 Table 34: Tenure ...... 27 Table 35: Proof of Ownership ...... 28 Table 36: Ownership Status of Main Structures ...... 28 Table 37: Occupation ...... 28 Table 38: Employment Status of Sample AH Heads ...... 29 Table 39: Household Income of Sample AHs ...... 29 Table 40: Household Expenditure of Sample AHs ...... 29 Table 41: Roof Material ...... 30 Table 42: Wall Material ...... 30 Table 43: Light Source ...... 30 Table 44: Water Source ...... 30 Table 45: Fuel Source for Cooking ...... 30

Table 46: Toilet ...... 31 Table 47: Positive Impacts ...... 32 Table 48: Negative Impacts...... 32 Table 49: Project Approval ...... 33 Table 50: Coordination meetings conducted ...... 34 Table 51: Consultations conducted in 2 barangays of Alicia and Mabuhay (1st) ...... 35 Table 52: Summary of Questions and Responses ...... 36 Table 53: Consultations conducted in 2 barangays of Alicia and Mabuhay (2nd) ...... 37 Table 54: Number of attendees during consultation and disclosure...... 39 Table 55: Issues and Concerns raised by the APs ...... 39 Table 56: Roles and Responsibilities for Consultation and Participation ...... 43 Table 57: Assessment on Involuntary Resettlement Policy Gaps ...... 61 Table 58: Assessment on Indigenous Peoples Policy Gaps ...... 64 Table 59: Compensation and Entitlement Matrix ...... 68 Table 60: Categories of AHs with Fully Affected Houses and houses-cum-shops ...... 74 Table 61: LRP Beneficiaries ...... 76 Table 62: Planned Income Source after Relocation ...... 76 Table 63: Interest in Vocational Training ...... 77 Table 64: Main Source of Income ...... 77 Table 65: Entrepreneurial/vocational Skills Training ...... 78 Table 66: Skills and Livelihood Training (Municipality of Alicia) ...... 78 Table 67: List of Skills Training/Project and Livelihood Programs in Mabuhay ...... 79 Table 68: LRP Activities and Responsible Group ...... 81 Table 69: Cost Estimates for Livelihood Restoration Program ...... 82 Table 70: LRP Implementation Schedule ...... 82 Table 71: Budget Estimates for RIPP Implementation ...... 85 Table 72: RIPP Implementation Schedule ...... 91 Table 73: Suggested Internal Monitoring Indicators ...... 95 Table 74: External Monitoring ...... 98

List of Figures Figure 1: PR09a Sub-project location ...... 8 Figure 2: Perception of the Project Impacts-Positive ...... 32 Figure 3: Perception of the Project Impacts-Negative...... 33

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EXECUTIVE SUMMARY

1. The Government of the Philippines (GoP) requested the Asian Development Bank (ADB) to finance the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) that has an overarching objective for Region IX to become the Agri-Fisheries Southern Corridor of the Philippines, as part of the Brunei Indonesia Malaysia and the Philippines – East ASEAN Growth Area (BIMP-EAGA). Under the Regional Physical Framework Plan, the Region is envisioned to become a hub of international trade, with a globally competitive economic and free trade zone.

2. IGCMRSP will contribute to (i) increase economic growth in Mindanao, by opening and improving national roads; (ii) support for the government’s agenda for Mindanao in the Philippines Development Plan (PDP) 2011-2016; (iii) carry the key objective of ADB’s strategy for the Philippines of helping the country achieve high, inclusive, and sustainable growth; (iv) improve the delivery of infrastructure services as well as investing in physical assets, in line with ADB’s Strategy 2020; (v) hold regional cooperation and integration by contributing to the implementation of the ASEAN Highway and BIMP-EAGA Priority Infrastructure Projects; (vi) support ADB’s Sustainable Transport Initiative by addressing climate change and road safety; (vii) ensure resilience in road infrastructure development in Mindanao; and (viii) improve Department of Public Works and Highways’ (DPWH) capacity, including in ADB Safeguards and in procurement.

3. IGCMRSP is consist of 9 sub-projects for Mindanao with 3 core and 6 non-core subprojects. As the Executing Agency (EA), DPWH will align the project with strengthened economic and physical linkages in Mindanao ensuring that the benefits of economic development are shared by all sectors of society. The outputs of the project will include the following: (i) selected sections of road transport network in Mindanao improved, (ii) detailed engineering design (DED) for improvement of roads in other projects completed, and (iii) institutional capacity of DPWH in multi-year planning, fiscal accountability, and human resource management strengthened.

4. The proposed Guicam Bridge (PR09a) is one of the 6 non-core subprojects under IGCMRSP. PR09a starts from K1781+480.00 to K1782+688.117 with a total gross length of 1,208.017 meters. The total length of the bridge is 540.850 meters (beginning station at K1781+869.575 and end station at K1782+410.425). PR09a will connect Olutanga Island to the mainland, crossing the Canalizo Strait in Zamboanga Sibugay. It is located at the middle of PR09, Lutiman-Guicam-Olutanga road. PR09a aims to upgrade the quality and connectivity of the road network in Western Region IX of Mindanao. PR06 will help to: (1) facilitate economic development in the region, (2) improve peace and security in conflict-affected area and (3) catalyze complementary public and private investment.

5. The civil works to be constructed are: (i) construction of 667.17m by 6.70m wide PCC pavement with 1.5m paved shoulders on both sides (ii) construction of one PCDG bridge with a total length of 540.850 linear meters 1 (iii) construction/improvement of Drainage and Slope Protection Structures and (iv) construction of Miscellaneous Structures.

6. Resettlement impacts have been minimized by utilizing the standard ROW width for national highways. The ROW for PR09a was originally set at 30 meters however, in order to minimize resettlement impacts, the ROW was reset at 20 meters. This had been considered after consultations with relevant stakeholders during the project preparation and appropriate technical

1 The superstructure is a Type VI Prestressed Concrete Deck Girder (PCDG). The substructure measures 2.5m x 6.0m reinforced Concrete Pier, 2.25m thick pile cap on 9-2.2m diameter bored pile. The U and L type retaining walls are founded on 450m x 450m RC file. The vertical clearance of Guicam Bridge is 14.80 meters from MLLW =0.150m while the horizontal clearance is 24.0m for vessels passing along the channel in between Pier 4 and Pier 6.

investigation for the project. PR09a will involve road improvements that will require acquisition of private land. Land acquisition will trigger physical and economic displacement requiring resettlement impacts assessment within the 20m ROW.

7. Impacts from PR09a will involve construction of approach roads to include slope protection that will require acquisition of private land. Land acquisition will trigger physical and economic displacement requiring resettlement impacts assessment within 20m (10 m from each side of the centerline) width ROW. The total land area to be acquired is 11,122m2. The Involuntary Impact (IR) of the Project will be the permanent loss of land along the 20m RROW, permanent damage to structures, crops and trees. Temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and from work sites is also expected. It is also anticipated that there will be largely resettlement impacts on Indigenous Peoples /Indigenous Cultural Communities (IPs/ICCs).

8. Information on land acquisition impacts was obtained through an inventory of losses (IOL) survey, a project level census and a parcellary survey (cadastral survey). The IOL and census was conducted on 29 August- 1 September 2018.

9. A total of 19 households (86 persons) will be affected by the land acquisition of 11,122m2. Land acquisition traverses barangay Dawa-Dawa in Alicia (57%) and barangay Poblacion in Mabuhay (43%). Of the 19 households, 3 HHs (14 persons) will lose land, 14 AHs (63 persons) will lose structures, including 10 AHs experiencing impacts on main structures (7 houses and 3 house-cum-shops) and 5 households losing secondary structures, 4 AHs (18 persons) losing crops and 4 AHs (18 persons) losing productive trees. All affected land is agricultural. Of the 4 plots of affected agricultural land, 2 plots (50%) will be severely affected by loss of 10% or more and this equates to 2 households (9 persons). There are 3 affected business owned by 3 households (14 persons). There are 2 households considered vulnerable and no AHs are eligible for relocation assistance to a resettlement site.

10. On 23- 24 January 2019, the coordination meetings and public consultations (1st) were conducted in the two barangays of the municipalities of Alicia and Mabuhay. The affected barangays are Dawa-Dawa of Alicia and Poblacion of Mabuhay. Coordination meetings and public consultations were undertaken to inform the primary and secondary stakeholders about the project background, scope, RIPP objectives, benefits, updates, basic resettlement policies (GOP and ADB) and cut-off-date. As disclosed in the Project Information Booklet (PIB) and among the APs and local officials, the cut-off date of PR09a was on 29 August 2018. In addition, consultation meetings (2nd) were carried out on 27-28 April 2019 for the presentation of project updates and Municipal Resettlement Implementation Committee (RIC) objectives and functions as well as disclosure of revised RIPF and master list of APs. Thirty-one persons participated in the meetings.

11. Disclosure activity headed by DPWH RROW team was conducted on 10 October 2019. Compensation packages and schedule of relocation survey were disclosed to the APs of the two barangays in Alicia and Mabuhay.

12. The DPWH filed the Certification Precondition (CP)/ Certificate of Non-Overlap (CNO) application to the NCIP for the PR09a: Guicam Bridge subproject on 13 February 2019. DPWH submitted requirements for CP/CNO application then NCIP constituted Field- Based Investigation (FBI) team on 07 March 2019. The Pre- FBI Conference was held on 23 April 2019 in Pagadian City. The conference was attended by regional officers and staff of DPWH, NCIP and the DED Consultant. During the conference, the NCIP presented the FPIC process. While, DPWH together

with the DED Consultant presented the project proposal details: (a) background (b) location map; (c) project description (d) project updates and (e) next steps. Accordingly, FPIC process and Work and Financial Plan (WFP) preparation for the conduct of FBI were discussed. The approval of WFP paved the way for conduct of FBI in 2 barangays of Alicia and Mabuhay on 03-07 June 2019. The FBI Team strongly recommended the issuance of CP in favor of the DPWH. Finally, the CP was issued on 10 July 2019.

13. The formation of Municipal RIC was conducted through a Memorandum of Understanding (MOU) on 27-28 April 2019 for Alicia and Mabuhay, respectively. The MOUs were signed by the DPWH, concerned local government units (LGUs), with the NCIP Provincial and RO. A PIB was also distributed to all APs during the formation of Municipal RIC. The PIB translated in local language will be distributed during DPWH validation and disclosure.

14. Municipal RIC will be the one to attend the grievances. All complaints received in writing (or prepared in written form, when received verbally) from the APs shall be properly documented.

15. Three levels of grievance redress are open to APs and other stakeholders during the RIPP implementation. (i) Level I - Municipal Level (ii) Level II - DPWH Regional Office Level (iii) Level III- Project Level. Apart from this, an AP is free to access an appropriate court of the Republic of the Philippines for adjudication at any stage of the grievance redress mechanism (GRM). Other Grievances related with officials conducting the resettlement process will be handled as described in the DPWH Infrastructure Right-of-Way (IRoW) Procedural Manual, 1 April 2003.

16. Conflicts within the affected IP community will be addressed within the community itself in the context of its customary law and customary dispute resolution process and mechanisms, in the presence of the relevant staff of the NCIP office with jurisdiction over the area, and if so invited, project-related staff and other stakeholders.

17. 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.

18. This RIPP combines the Resettlement and Indigenous Peoples issues and is developed based on the Government's policies and ADB’s SPS allowing for Involuntary Resettlement and Indigenous Peoples issues to be addressed in a single comprehensive document.

19. With the approval of Republic Act 10752 on 7 March 2016, the policies of the Government to acquire land, improvements, crops and trees using valuation modalities anchored on current market value has significantly improved as compared to RA 8974. DPWH will offer to the property owner concerned, as compensation price, the sum of: (i) the current market value of land (ii) the replacement cost of structures and improvements and (iii) the current market value of crops and trees. Transaction costs will be borne by DPWH. To determine the appropriate price offer to acquire ROW through negotiated sale, DPWH will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by: (1) the Bangko Sentral ng Pilipinas (BSP) or (2) a professional association of appraisers recognized by BSP.

20. A survey on resettlement was carried out on 10 October 2019 simultaneously with the Livelihood and Restoration Program (LRP) survey primarily to gather the APs intentions and needs for resettlement (resettlement site, on-site relocation, self-relocation to another area using

their compensation). A total of 6 AHs (60%) were interviewed out of 10 AHs whose main housing structure would be severely affected. There were 4 AHs in Alicia and Mabuhay who were not interviewed due unavailability of the AHs during the conduct of the said resettlement survey.

21. The project has no relocating AHs in Alicia and Mabuhay to the project relocation sites as verified by DPWH. Since relocating APs are less than 200 as standard of National Housing Authority (NHA) for socialized housing, the LGUs will be the one to provide relocation site and assistance. DPWH will endorse the AHs to the LGU to be prioritized in availing relocation site and assistance. The identified relocation site for development is situated in Sitio Hula- hula, Barangay Poblacion, Mabuhay. To secure the awarding of plots, barangay resolutions awarding lots to eligible relocatees were approved.

22. Pursuant to DPWH Department Order 152 series of 2017, DPWH may fund and develop the resettlement site if LGU/NHA is unable to do so. DPWH should estimate cost of resettlement project based on BOQ/BOM. The LGU, on the other hand, contributes the land required for the project and takes the lead as project implementer with overall responsibility for the operation and management of the resettlement project to include (i) preparation of project plans, site development and housing plans (ii) beneficiary selection (iii) relocation of families and estate management to cover disposition of housing and (iv) project maintenance.

23. A Livelihood Restoration Program was also carried out simultaneously with the conduct of Resettlement Survey on 10 October 2019. The LRP Survey was undertaken essentially to solicit the AP’s intentions for livelihood restoration especially if AHs plan is to re-establish what they will lose (e.g. set up again their shop or buy replacement farming land) or do something new. The AHs were told that the Project is in the process of preparing a livelihood restoration program and the project would like to know AHs intentions, preferences and asses their needs so that the project can prepare a meaningful program.

24. A total of 7 AHs (58%) were interviewed out of 12 beneficiaries with multiple instances impacts. However, there were 5 AHs in Alicia and Mabuhay who were not interviewed due to unavailability of the AHs during the conduct of LRP Survey.

25. Most of the existing livelihood programs in Alicia and Mabuhay come from national agencies such as Department of Social Welfare and Development (DSWD) Department of Labor and Employment (DOLE), Technical Education and Skills Development Authority (TESDA), Department of Trade and Industry (DTI), Department of Agriculture (DA) and Department of Environment and Natural Resources (DENR).

26. The Municipality of Alicia has several skill and livelihood training courses that were conducted from 2016-2019. The Municipality of Mabuhay has also a long list of skills and livelihood projects implemented since 2015. The LRP presents a planned income restoration and livelihood development measures based on needs assessment of the households eligible for livelihood restoration assistance under the RIPP.

27. The objective of the livelihood restoration program is to restore the livelihoods and income earning capacity of those whose productive resources have been severely affected by the project and provide an opportunity for vulnerable affected households to improve their living standards. As part of the RIPP entitlement provisions, people eligible to participate in the LRP are those whose livelihoods or productive resources are severely affected, those whose living standards

are otherwise significantly disrupted by being required to physically relocate, or those who are classified as especially vulnerable wherein the RIPP aims to improve their living standards. 2

28. The overall strategy of the LRP is to stabilize the livelihood activities and sources of sustenance of the affected persons by focusing on diversified activities to bring immediate income such that they will be able to produce for their basic needs and long-term livelihood management capacity.

29. The specific activities of the LRP are: (i) provide funds and appropriate techniques for the affected persons whose remaining lands are still viable to implement agricultural extension models (ii) organize training courses which are suitable to APs’ capacity; provide supplementary trainings, consultations, allowance and other supports to participants attending the courses; and (iii) provide technical advice and pilot models on small business/services and other training courses, study tours on efficient economic enterprises.

30. DPWH has the overall responsibility for the implementation of the LRP. Specific to LRP activities, its roles are: to provide timely funds for conducting the agreed LRP activities; closely collaborate with local authorities, service providers (such as training institutions) during LRP implementation; and prepare semi-annual monitoring reports to be submitted to ADB. The LGU will lead consultations with APs on available programs, provide counselling on livelihood options, and refer APs to training institutions and programs. The LGU will also monitor the participation of APs in the LRP vocational training activities and report periodically to DPWH. The social safeguards specialist of the PSC will work closely with the DPWH and LGU to provide guidance and support on the LRP implementation.

31. The budget for RIPP Implementation of PR 09a: Guicam Bridge Subproject is PhP 4,713,692 (approx. USD 93,333) and is part of the government counterpart. The budget items cover (i) compensation for loss of land, structures, trees, crops and other entitlements (ii) Other assistance (Transaction cost at 10% of land (BIR-ZV); (iii) livelihood restoration program and (iv) relocation and resettlement. The budget item for RIPP implementation was based on DPWH validation for land, structures, crops and trees for PR09a.

32. As the EA, the institutional arrangements for this project revolves around DPWH. The Unified Project Management Office-ROW Task Force (URTF), the Roads Management Cluster II (RMCII), Multilateral, Unified Project Management Office (UPMO), Environmental and Social Services Division, DEO, and the DPWH RO will have direct and distinct roles in the implementation of this RIPP.

33. There will be two types of monitoring for PR09a, the internal and external monitoring. The UPMO in coordination with the ESSD shall establish quarterly monitoring of the RIPP. In turn, UPMO shall report on RIPP Implementation status in their quarterly project progress reports as well as submit a semi-annual monitoring report to ADB. To ensure RIPP compliance, the services of an external monitoring agent (EMA) will be procured by DPWH to provide an independent periodic review and assessment. Disclosure of semi-annual monitoring reports will be made upon submission to ADB and uploading to the ADB website.

2 Severe loss of productive resources under the RIPP entitlements is a permanent loss of income generating assets of 10% or more, including assets such as farming land, shops, etc. Physical relocation involves households whose house is fully affected and required to rebuild their houses in another location. It does not include households who can rebuild their houses on remaining unaffected land at the same location. Marginal or temporary impacts on housing and livelihoods (such as temporary closure of shops, marginal loss of farming land, and partial impacts on houses) are covered under compensation and other transitional allowances in the RIPP. 5

I. PROJECT DESCRIPTION

A. Background

1. The Republic of the Philippines has requested the Asian Development Bank (ADB) to finance the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) that has an overarching objective for Region IX to become the Agri-Fisheries Southern Corridor of the Philippines, as part of the Brunei Indonesia Malaysia and the Philippines – East ASEAN Growth Area (BIMP-EAGA). Under the Regional Physical Framework Plan (RPFP), the Region is envisioned to become a hub of international trade, with a globally competitive economic and free trade zone. The Plan objectives include: improved physical, economic and social access for people living in less developed areas; increased agricultural production and productivity; and increased industrial production.

2. IGCMRSP will contribute to these overarching objectives through: (i) increased economic growth in Mindanao, by opening and improving national roads; (ii) support for the government’s agenda for Mindanao in the PDP 2017-2022; (iii) support the key objective of ADB’s strategy for the Philippines of helping the country achieve high, inclusive, and sustainable growth; (iv) improve the delivery of infrastructure services as well as investing in physical assets, in line with ADB’s Strategy 2020; (v) support regional cooperation and integration by contributing to the implementation of the ASEAN Highway and BIMP-EAGA Priority Infrastructure Projects; (vi) support ADB’s Sustainable Transport Initiative by addressing climate change and road safety; (vii) contribute to ensuring resilience in road infrastructure development in Mindanao; and (viii) increase DPWH capacity, including in ADB Safeguards and in procurement.

3. This is a sector project for Mindanao with 9 sub-projects (3 core and 6 noncore subprojects). With the DPWH as EA, the project is aligned with the impact of strengthened economic and physical linkages in Mindanao that ensures benefits of economic development are shared by all sectors of society. The project outcome will be efficiency and safety of selected sections of the road transport network in Mindanao improved.

4. The following outputs are envisaged; (i) Selected sections of road transport network in Mindanao improved, (ii) Detailed engineering design for improvement of roads in other projects completed, and (iii) Institutional capacity of DPWH in multi-year planning, fiscal accountability, and human resource management strengthened.

B. Description of the Sub-project

5. The proposed PR09a is one of the nine sub-projects under IGCMRSP. PR 09a starts from K1781+480.00 to K1782+688.117 with a total gross length of 1, 208.017 meters. PR09a connects Olutanga Island to the mainland crossing the Canalizo Strait in Zamboanga Sibugay. It is located at the middle of PR09, Lutiman-Guicam-Olutanga Road.

6. The structure consists of a main bridge and approach roads on both sides. The main bridge has two (2) road lanes, sidewalks on both sides of the lanes and a navigational clearance for boats passing along the channel.

7. The construction of PR09a will transform the quality and connectivity of the road network in Western Mindanao (Region IX) and will facilitate the economic development of the region and Mindanao as a whole. Connectivity of road network will help improve peace and security in a conflict-affected area and act as a catalyst for complementary public and private investment.

1. Bridge and Approach Road Configurations

8. The superstructure is a Type VI Pre-stressed Concrete Deck Girder (PCDG). The substructure on the other hand measures 2.5mx6.0m reinforced Concrete Pier, 2.25m thick pile cap on 9-2.2m diameter bored pile. The U and L type retaining walls are founded on 450mx 450m RC file. The vertical clearance of Guicam Bridge is 14.80 meters from MLLW = 0.150m while the horizontal clearance is 24.0m for vessels passing along the channel in between Pier 4 and Pier 6.

2. Length of Bridge and approach roads

9. The total length of Guicam Bridge is 1,208.017 meters, the beginning station at K1781+480.00 and the end station at K1782+688.117. The total length of the main bridge (PCDG) is 540.850 meters (the beginning station at K1781+869.575 and the end station at K1782+410.425). The overall length of the approach roads on the other hand is 667.167 meters consisting of the mainland side in Barangay Dawa-Dawa (Alicia) with a total length of 389.575 meters (beginning station at K1781+480.00 the end station at K1781+869.57) and the island side in Barangay Poblacion (Mabuhay) beginning station at K1782+410.425 and the end station at K1782+688.017with a total length of 277.592 meters.

Figure 1: PR09a Sub-project location

C. Civil Works to be conducted

10. The approach road and bridge works covered under this project are described below. The proposed widening will require a 20m right-of-way, inclusive of 6.7m carriageway and typical 1.5m shoulders on both sides.

11. The major items of work include (i) construction of 667.17m approach road at 6.70m PCCP width and 1.5m paved shoulders on both sides; (ii) construction of one PCDG bridge with a total length of 540.850 linear meters; (iii) construction/improvement of drainage and slope protection structures; and (iv) construction of miscellaneous structures.

D. Measures Adopted to Minimize Involuntary Resettlement Impacts

12. Resettlement impacts have been minimized principally by minimizing the right of way (ROW) width to 20m and by incorporating a realignment section that greatly reduced the number of project affected persons. The standard ROW width for national highways is minimum 20m or typically wider. The new ROW for PR09a was originally proposed to be 30m. However, in order to minimize resettlement impacts, the ROW was set at 20m. This had been considered after

consultations with relevant stakeholders during the project preparation and appropriate technical investigation for the project.

E. Anticipated Social Safeguard Impacts

13. PR09a will involve road improvement to include widening and slope protection that will require acquisition of private land. Land acquisition will trigger physical and economic displacement requiring resettlement impacts assessment within the ROW width. A 30-m ROW was used in the design of the subprojects in accordance with the updated DPWH Design Guidelines, Criteria and Standards (DGCS, 2015 Edition). However, DPWH reduced the ROW limit to 20m to minimize involuntary impacts and reduce acquisition cost of land, structures, trees and crops (See Appendix 1: Memorandum of PR09a Parcellary Survey Plan based on 20m RROW).

14. The IR impact of the Project will be the permanent loss of land along the 20-m ROW, and permanent damage to structures, crops and trees. There will be 19 AHs with 86 household members. The total area to be acquired for project is 11,122 m2, including 1,232m2 for the existing road, but still privately owned affected land. There will be 10 affected housing structures owned by 10 AHs. Temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and from work sites is also expected. In addition, there will be resettlement impacts on the IPs/ICCs.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Methodology of the Surveys

15. Information on land acquisition impacts was obtained through inventory of losses survey (IOL), census and parcellary survey (cadastral survey). The IOL and census were conducted on 29 August – 1 September 2018 based on 20m road right of way.

16. Details obtained from the census and IOL contain the names and key information of affected households and inventorying of all assets that are within the scope of the ROW, including productive and residential land, housing structures, business establishments, other miscellaneous non-land assets (secondary structures, trees/crops) as well as impacts on livelihoods.

17. Following the household interview, a tag sticker containing control number, date when the interview was conducted and the name of enumerator – was affixed to the front of the affected structure. A photograph of the affected structure and owner, whenever possible, was also taken.

18. The preliminary and final parcellary survey reports was also used as reference to establish ownership of the affected lots. The ROW Land Data Matrix shows the names of the claimant, lot number, survey number, lot area, affected area, etc.

B. Summary of Project Impacts

19. A total of 19 households (86 persons) will be affected by the acquisition of 11,122m2 of land.3 Land acquisition traverses two barangays of two municipalities: Dawa- Dawa in Alicia and Poblacion in Mabuhay.

20. Of the 19 AHs (86 persons), 3 AHs (14 persons) will lose land, 14 AHs (63 persons) will also lose structures including 10 AHs (450 persons) experiencing impacts on residential structures, 5 households losing secondary structures, 3 households losing private community structures, 4 AHs (18 persons) will lose crops and 4 AHs (18 persons) will lose productive trees. Of the 4 affected parcels of land, 100% are agricultural. Two households will experience severe loss of agricultural land, losing 10% or more of productive land. There are 3 affected businesses owned by 3 AHs (14 persons). Also, there are 2 AHs considered vulnerable and 10 AHs are physically displaced and landless and are eligible for relocation assistance to a resettlement site.

21. A summary of impacts is provided in Table 1. The Summary of Affected Household by loss type is provided in Appendix 2.

Table 1: Subproject Summary of Impacts

Loss Category Unit Quantity

Total affected households HH 19 Affected persons AP 86 Loss of land (for acquisition) m2 11,122 Affected parcels of land unit 4

3 Number of Households, and Average Household Size of the Philippines (2015 Census of Population), PSA. 10

AHs by loss of land HH 3 Total loss of structures (main, secondary and Unit 21 community) Loss of main and secondary structures Unit 164 Total AHs by loss of main and secondary structures HH 14 AHs by impacts on main structures (residential and HH 10 residential-cum-commercial structures) - of which residential only structures HH 7 - of which residential-cum-commercial structures HH 3 - of which severely affected main structures HH 10 AHs with secondary affected structures HH 5 Affected community structures Unit 5 Affected land under crop cultivation m2 308 Number of AHs by loss of crops HH 4 Affected trees Unit 226 Number of AHs by loss of trees HH 4 Affected business income Unit 3 Vulnerable households HH 2 Household with elderly household head >60 HH 2

1. Impact on land

22. The Guicam Bridge Sub-project measures 1,208.017m (K1781+480.00 to K1782+688.117) including 667.167m approach road. With ROW limit of 20m, implementation of the road project will require acquisition of 11,122m2. The affected land consists of 1,232m2 used for the existing road and 9,890m2 additional land needed for project works. The affected land of 11,122m2 (10,953m2 privately-owned and 169m2 government-owned) is subject to compensation as well as newly acquired land for the ROW. Table below provides details of the project components requiring land acquisition and areas to be affected.

Table 2: Project Components Requiring Land Acquisition and Areas to be Affected

Total Area of Area of the affected area Project Components Municipality Barangay affected lots existing road excluding the (m2) (m2)* existing road (m2) Dawa- Construction of new Alicia 6,367 228 6,140 bridge (PCDG) and Dawa approach roads Mabuhay Poblacion 4,755 1,005 3,751 TOTAL 11,1225 1,232 9,890 *based on the average road width of 3.5M

23. The total land area required from AHs is 11,122 m2 that belong to or being utilized/ occupied by 3 AHs (14 persons) and a LGU owning 4 parcels of land. The total land area (acquired plus residual portion) is 165,683m2. The affected area for land acquisition is classified as

4 An affected household may have more than one affected asset. 5 Of the total area of affected lots, 169m2 is owned by Alicia LGU. 11

agricultural land. Two AHs will lose 10% or more of their productive land. This is further discussed further below. There is no residential, commercial or industrial land affected by the project.

Table 3: AHs by Loss of Land and Severity No. of AHs No. of Land Area Municipality/ Severely Agricultural Affected Remaining Barangay Total Total (m2) Affected Lots (m2) (m2) Alicia 2 2 3 48,881 6,367 42,514 Dawa-Dawa 2 2 3 48,881 6,367 42,514 Mabuhay 1 0 1 116,802 4,755 112,047 Poblacion 1 0 1 116,802 4,755 112,047 TOTAL 3 2 4 165,683 11,122* 154,561 * 169m2 is owned by Alicia LGU

24. Severity of the affected agricultural land. A total of 4 parcels of agricultural land (3 HHs), will be affected totaling 11,122m2. Of this, 2 land parcels will be affected by less than 10% of their land area and 2 plots will be affected by 10% or more. Of the plots being severely affected by loss of 10% or more, 2 land parcels will lose 10% to 25% of their land area. The number of severely affected households losing 10% or more of their productive land holdings is 2. There are no plots totally affected and the remaining portions of all affected agricultural plots are economically viable. The table below presents the severity of losses by location.

Table 4: Severity of Agricultural Land Percentage of Impact on Land Parcels No. of Municipality/ No. of Severely economically Severely Barangay <10% 10%-25% 26%-50% 51%-100% Total Affected Lots viable remaining AHs land Alicia 1 2 0 0 3 2 3 2 Dawa-Dawa, 1 2 0 0 3 2 3 2 Mabuhay 1 0 0 0 1 0 1 0 Poblacion 1 0 0 0 1 0 1 0 TOTAL 2 2 0 0 4 2 4 2

25. Of the 3 affected HHs, there are 2 households who will lose 10% or more of their farming land. None of the households losing agricultural land will be physically displaced.

Table 5: Number of Affected Agricultural Land and Households No. of HHs Severely No. of Affected Municipality/ No. of Severely Affected by Loss of Agricultural Land Barangay HHs AHs Agricultural Land and also Parcels Physically Displaced Alicia 3 2 2 0 Dawa-Dawa 3 2 2 0 Mabuhay 1 1 0 0 Poblacion 1 1 0 0 TOTAL 4 3 2 0

26. There is a total of 4 agricultural plots. Of these, half of the affected plots (2 units) have proof of ownership, while the 2 plots do not have proof of ownership.

Table 6: Tenure Status of Affected Agricultural Land and Households (by Land Parcels)

Municipality/ No. of Affected Agric. With Title Total without Proof of Barangay Land only Ownership

Alicia 3 2 1 Dawa-Dawa 3 2 1 Mabuhay 1 0 1 Poblacion 1 0 1 TOTAL 4 2 2

2. Impacts on structures

27. A total of 21 structures will be affected of which 10 are main structures (7 purely residential and 3 residential-commercial) owned by 10 HHs, 6 are secondary structures owned by 5 AHs and 5 are community structures owned 3 owners. (Some AHs have more than one affected structure). The 21 affected structures are owned by 14 AHs.

Table 7: Loss of Structures Type of Structures Municipality/ No. of Main Structures Secondary Community Barangay AHs Residential- Total Purely Residential Structures Structures Commercial Alicia 5 3 1 2 1 7 Dawa-Dawa 5 3 1 2 1 7 Mabuhay 9 4 2 4 4 14 Poblacion 9 4 2 4 4 14 TOTAL 14 7 3 6 5 21

28. Main structure. 6 All main structures (10 units) will be severely affected and will be required to be rebuilt, either on residual unaffected land or on a new site. All main structures are built on agricultural land. Six of these are located in Mabuhay.

Table 8: AHs by Loss of Main Structures and Severity Loss of Structures and Severity Municipality/ No. of Total No. of Affected Affected HHs with Severely Barangay AHs Area Structures Area (m2) Affected Structures (m2) Alicia 4 4 168 106 4 Dawa-Dawa 4 4 168 106 4 Mabuhay 6 6 476 461 6 Poblacion 6 6 476 461 6

6 Residential and residential-cum-commercial structures 13

TOTAL 10 10 645 567 10

29. Of the affected main structures including 7 purely residential and 3 residential-commercial structures. The large majority (80%) of these are permanent structures while 20% are semi- permanent structures being built of light native materials. All structures are single story. Tables below show structures by condition for all types.

Table 9: Affected Main Structures by Condition Main Structures Residential-cum- Municipality/ Residential Commercial Barangay Total Semi- Semi- Permanent Permanent permanent permanent Alicia 3 0 1 0 4 Dawa-Dawa 3 0 1 0 4 Mabuhay 4 0 0 2 6 Poblacion 4 0 0 2 6 TOTAL 7 0 1 2 10

30. The following table shows that the project will affect a total of 10 main structures including residential (7 HHs comprised of 32 people) and residential-cum-commercial structures (3 HHs comprised of 14 people). Of this number, all structures will be severely affected.

Table 10: Severity of Impact on Main Structures Impacts on Residential- Impacts on Residential cum- Commercial Municipality/ No. of Structures Severely Structures Barangay AHs AHs Severely Marginally Severely Marginally Affected Affected Affected Affected Alicia 4 3 0 1 0 4 Dawa-Dawa 4 3 0 1 0 4 Mabuhay 6 4 0 2 0 6 Poblacion 6 4 0 2 0 6 TOTAL 10 7 0 3 0 10

31. The 10 households with severely affected main structures do not own the land upon which the structure is built. This number includes those who have built main structures on land that has legal tenure owned by others and for which the AH does not have legal rights (e.g. land belonging to a family member). Based on DPWH validation, all AHs own alternative land.

Table 11: Land Tenure Status of AHs with Severely Affected Main Structures Residential Residential- cum- Commercial Total

Land

Municipality/

Barangay

without without

Owning Owning

AffectedLand AffectedLand

notOwning the notOwning the

Alternative AlternativeLand AlternativeLand AlternativeLand

AffectedHouses AffectedHouses AffectedHouses AffectedHouses AffectedHouses AffectedHouses

AHs with AHs Severely with AHs Severely with AHs Severely with AHs Severely with AHs Severely with AHs Severely Alicia 3 0 3 1 0 1 4 Dawa-Dawa 3 0 3 1 0 1 4 Mabuhay 4 0 4 2 0 2 6 Poblacion 4 0 4 2 0 2 6 TOTAL 7 0 7 3 0 3 10

32. Secondary structure. There are 6 secondary structures, barangay Poblacion has higher percentage of affected secondary structures amounting to 67% (4 structures) than Dawa-Dawa with 33% (2 structures). See table below for the number of affected secondary structures per barangay.

Table 12: Number of Affected Secondary Structures Use of Structures No. of Affected Deep well/ Municipality/ Cooking/ Dryer/ Storage/ Secondary Faucet/ Barangay Laundry Area/ Flooring/ Stock house/ Structures Pump/ Water Septic/ Toilet Pathway Warehouse tank Alicia 2 1 0 0 1 Dawa-Dawa 2 1 0 0 1 Mabuhay 4 1 1 1 1 Poblacion 4 1 1 1 1 TOTAL 6 2 1 1 2

33. All secondary structures (6) will be severely affected.

Table 13: AHs by Loss of Secondary Structures and Severity Loss of Structures and Severity Municipality/ No. of Total No. of Affected Affected HHs with Severely Barangay AHs Area Structures Area (m2) Affected Structures (m2) Alicia 2 2 5 5 2 Dawa-Dawa 2 2 5 5 2 Mabuhay 3 4 160 136 3 Poblacion 3 4 160 136 3 TOTAL 5 6 165 141 5

34. Most of the secondary structures (83% or 5 units) are permanent while 17% or 1 unit is semi-permanent structure.

Table 14: Affected Secondary Structures by Condition Municipality/ Secondary Structures Barangay Permanent Semi-permanent Total Alicia 2 0 2 Dawa-Dawa 2 0 2 Mabuhay 3 1 4 Poblacion 3 1 4 TOTAL 5 1 6

35. Community-owned structure.7 Of the 5 community structures, barangay Poblacion has greater number of affected structures amounting to 4 units. All are privately-owned and will be severely affected.

Table 15: Number of Community Structures No. of Affected Private Public Municipality/ Community Barangay Severely Marginally Severely Marginally Structures Affected Affected Affected Affected Alicia 1 1 0 0 0 Dawa-Dawa 1 1 0 0 0 Mabuhay 4 4 0 0 0 Poblacion 4 4 0 0 0 TOTAL 5 5 0 0 0

36. Table below summarizes identified community structures per barangay. The list includes a church, directories and stock house. All affected community structures are privately-owned. The owners will receive the compensation and are responsible for rebuilding the structures.

Table 16: Number and Use of Community Structures No. of Affected Use of Structures Municipality/ Barangay Community Directory Stock house Structure Church Alicia 1 1 0 0 Dawa-Dawa 1 1 0 0 Mabuhay 4 0 3 1 Poblacion 4 0 3 1 TOTAL 5 1 3 1

3. Impacts on trees and crops

37. A total of 4 AHs will lose 226 trees and 4 AHs will lose 308m2 of crops. Barangay Dawa- Dawa has higher percentage of losses for both trees (86%) and crops (100%). See table below for further details.

7 Community-Owned Structures may include a wide range of facilities, such as places of worship, community-operated schools, bathing and washing places, community centers, fishponds, and wells. “Private” community-owned structures are community-owned structures that are privately owned. For example, a mosque or a well which is privately-owned and being used by the community. 16

Table 17: AHs by Loss of Trees and Crops Trees Crops Municipality/ Barangay No. of AHs Quantity No. of AHs Area (m2) Alicia 3 194 4 308 Dawa-Dawa 3 194 4 308 Mabuhay 1 32 0 0 Poblacion 1 32 0 0 TOTAL 4 226 4 308

4. Impacts on business

38. There are 3 affected businesses owned by 3 AHs8. All affected businesses are variety stores/shops commonly called “sari-sari” stores. Affected businesses per barangay are shown in table below. No employees are noted to be employed in the affected businesses.

Table 18: AHs by Loss of Business Affected Business Municipality/ No of AHs Total Barangay Variety/ Sari-sari store Alicia 1 1 1 Dawa-Dawa 1 1 1 Mabuhay 2 2 2 Poblacion 2 2 2 TOTAL 3 3 3

39. As for the loss of productive assets, table below shows that all 3 businesses (100%) are severely affected. These are local variety/convenience stores that would be permanently affected. Permanent impacts require not only compensation and transitional assistance but also provision of income restoration measures.

Table 19: Nature of Impact on Business Impacts on Businesses Permanently Temporarily Municipality/ Barangay No. of AHs Severely Marginally Affected Affected Affected Affected Alicia 1 1 0 1 0 Dawa-Dawa 1 1 0 1 0 Mabuhay 2 2 0 2 0 Poblacion 2 2 0 2 0 TOTAL 3 3 0 3 0

5. Vulnerable Households

8 Owners of 3 residential-cum-commercial structures. 17

40. Vulnerable households, as defined in this RIPP, refer to households headed by women with dependents; households headed by the elderly; households having members who are person with disabilities (PWDs); households whose income fall below the recognized poverty line; landless households; and indigenous peoples. Vulnerable persons who will most likely experience more difficulties restoring their living conditions when physically or economically displaced and coping with transition if not provided with appropriate support and assistance.

41. A total of 2 households were identified as vulnerable. The two vulnerable AHs are considered elderly.

Table 20: Vulnerability of AHs Vulnerability Vulnerable AHs Municipality/ Single Total Barangay Poor Elderly Disabled No. Percent FHH Instances Alicia 0 0 0 0 0 0 0% Dawa-Dawa 0 0 0 0 0 0 0% Mabuhay 0 2 0 0 2 2 100% Poblacion 0 2 0 0 2 2 100% TOTAL 0 2 0 0 2 2 100% % 0.0% 100.0% 0.0% 0.0% 100.0%

6. Physically and Economically Displaced Households

42. There is a total of 12 HHs who are physically and/or economically displaced and/or vulnerable. There are 10 households whose houses will be severely affected and are considered as physically displaced. There are 5 HHs whose livelihood sources will be severely affected and are considered as economically displaced. These consist of 3 HHs with affected businesses (typically small stores such as sari-sari) and 2 HHs losing 10% or more of their farming land. In addition, there are 2 HHs who are considered vulnerable (see above). These households are eligible for additional support and assistance by the project through the Livelihood Restoration Program (LRP). A breakdown of these households by location and type is presented in the table below.

Table 21: Number of Physically and Economically Displaced and Eligible for LRP Affected Households Municipality/ Total No. House Store Severely affected Vulnerable Total Barangay of AHs owners owners farming households AHs Instances Alicia 4 1 2 0 7 6 Dawa-dawa 4 1 2 0 7 6 Mabuhay 6 2 0 2 10 6 Poblacion 6 2 0 2 10 6 TOTAL 10 3 2 2 17 12

7. Ethnicity

43. There are no indigenous people (IP) households who are affected by the land acquisition and clearance requirements for PR09a. However, ethnic Lumad and Subanen do reside in

locations along highway PR09 in the vicinity of Guicam Bridge and are classified as indigenous peoples. They expected to directly benefit from improved access to markets and services through improvements to highway PR09 and the bridge reconstruction under PR09a.

III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS

A. Background

1. Provincial Profile

44. Zamboanga Sibugay is located within the Zamboanga Peninsula region in Mindanao with the Municipality of Ipil as its capital. The province is bounded by the municipalities of Baliguian, Gutalac, Labason, Tampilisan, Godod, Postigo and Siayan, Zamboanga Del Norte to the north; by Dumanquilas Bay and Sibuguey Bay to the south; by the municipality of Bayog and Kumalarang, Zamboanga del Sur to the east; and by Zamboanga City and the municipalities of Sibuco, Siraway and Siocon, Zamboanga del Norte to the south-west. The province has two congressional districts, 16 municipalities and 389 barangays.9

45. The terrain varies from very flat along the coast and valleys to very steep in the hills and mountains. The mountainous area stretches northwards from Zamboanga City and runs along the northern boundary of Zamboanga del Norte. This mountain range is interrupted only by the Titay Valley. The coastal plains are narrow strips extending regularly from the southwest, and then spreading into wide flat lands upon reaching the coastal plains of the Sibugay Bay area. The province consists of rolling hills, mountains and plains that extend down to the coast. Some municipalities are in low-lying areas. Others, such as Diplahan and Imelda, are situated in Sibugay Valley while some are in mountainous terrain. Some coastal areas such as Payao are 5m above sea level. Some municipalities, such as Imelda, have slopes that range from steep to very steep, making them susceptible to erosion. Slopes are generally hilly and mountainous in municipalities such as Tungawan. However, the terrain in most areas is rolling, from gently sloping to rugged. Soil is largely clay. On slopes, due to rock content soil has low fertility due to leaching and low organic material content. Perennial crops are extensively grown in many areas.

46. The economy is predominantly agricultural, with 52% of the land area cropped. The main crops are palay, corn, coconut and rubber. Rice is the primary staple food. Around 41,500 ha. is devoted to rice. The province ranked second in Region IX, but production was less than half that in Zamboanga del Sur, the leading producer. Corn is the secondary staple food. The most extensive coconut plantations are in Buug, Alicia and Payao. Rubber is one of the province’s leading products, sold in semi-processed form to final processors in Manila, Malaysia and Singapore.

47. Livestock and poultry production is the secondary source of income of the province. It is also one of the population’s major sources of protein food. However, livestock and poultry raising is predominantly small-scale backyard operations. Carabao and cattle serve both as sources of meat and as draft animals. The population of carabao is generally high compared to cattle and goat. For poultry, the important species are chicken and duck.

48. Aquaculture accounted for majority of the province’s fishery production followed by commercial fisheries. Major species harvested in brackish areas are milkfish, prawn, tilapia and crabs. For municipal commercial fisheries, some of dominant species of fish are goat fish, striped mackerel, big eyed scad, lizard fish, soldier fish and milkfish. The major seaweed producing areas are Buug, Malangas, Payao, Ipil, Alicia, Mabuhay, R.T. Lim, Tungawan, and Naga.

9 PPTA Final Report February 2016 20

49. There is a good resource-base of primary production materials such forestry, fishery, mineral and agricultural products. The major forest products of the province are timber, lumber, rattan and wax. Mining: is concentrated on coal, small scale mining, copper, chromite and iron. Potential sites for mining and quarrying are the municipalities of Alicia, Buug, Diplahan Malangas and Payao. Industry: major industries are rubber production, marine and aquaculture; and gifts, toys and housewares production. Rubber, seaweed and marine products are mainly exported to the USA, Malaysia, Singapore, Japan and Canada.

50. There are a number of islets with white sand beaches ideal for resort development. Notable are Pandilusan Island in Payao and Litayon Island in Alicia. Inland tourist attractions are the large caves found in Tungawan and Talusan and the Moalboal Cave in the Titay. Tantanan Bay is the largest fish sanctuary, with an area of five ha. Sibugay Bay has coral formations that function naturally as fish sanctuaries and are ideal for snorkeling and diving.

51. Table 16 further shows that the population of Zamboanga Sibugay in the 2015 census was 633,129 with a density of 175 inhabitants per square kilometer. Although Zamboanga Sibugay has the smallest population among the three provinces comprising the Zamboanga Peninsula region, the province was the fastest growing province with an average annual population growth rate (PGR) of 1.53 percent during the period 2010 to 2015. (PSA Population of Region IX -Zamboanga Peninsula). Household population is 140,791 households averaging 4.5 persons per household. Based on the Official Poverty Statistics of PSA the 2015 First Semester Poverty Incidence Among families by Province by population, poverty incidence for Zamboanga Sibugay is estimated at 35.8 much higher than the national poverty incidence of 26.3 percent. This translates to about 226, 229 persons within the province who cannot afford to buy their basic food and non-food needs.

Table 22: Provincial 2015 Statistic by Administrative Unit

Density Municipality Population Area(km2) Barangay (Person/ km2)

Alicia 36,013 183.08 197 27 Buug 36,634 134.06 273 27 Diplahan 32,428 255.51 127 22 Imelda 28,018 85.12 329 18 Ipil 74,656 241.6 309 28 Kabasalan 44,336 289.2 153 29 Mabuhay 36,870 82.85 445 18 Malangas 33,380 235.53 142 25 Naga 38,547 246.3 157 23 Olutanga 33,671 113.3 297 19 Payao 31,686 245.66 129 29 Roseller Lim 43,646 300 145 26 Siay 41,572 313.66 133 29 Talusan 29,969 58.16 515 14 Titay 49,673 350.44 142 30 Tungawan 42,030 473.28 89 25 TOTAL 633,129 3,607.75 3582 389

Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA.

2. Indigenous Peoples of the Project Area

52. Lumad of Mindanao. Lumad is a Bisayan term meaning “native” or “indigenous”. It is adopted by a group of 15 from a more than 18 Mindanao ethnic groups in their Cotabato Congress in June 1986 to distinguish them from the other Mindanaons, Moro or Christian. Its usage was accepted during the Cory Administration when R.A. 6734, the word Lumad was used in Art. XIII sec. 8(2) to distinguish these ethnic communities from the Bangsa Moro. At present, Mindanao Lumads account for 2.1 million out of the total 6.5 million indigenous people nationally. (1993 Census) these fifteen Lumads in the Cotabato Congress were the following: Subanon/Subanen, B’laan, Mandaya, Higaonon, Banwaon, Talaandig, Ubo, Manobo, T’boli, Tiruray, Bagobo,Tagakaolo, Dibabawon, Manguangan, and Mansaka.

53. Economically, Lumads practiced swidden agriculture depending on the land’s productivity. Communal sharing of resources based on the belief of the sacredness of land and nature as divine endowments define their relationship with their environment. Their sociopolitical arrangements were varied. The Mandaya were led by their bagani or warrior while the Bagobos, Manuvu as well as most of the Lumads by their datu. The Datu’s subjects were his sacops. The Lumad remained isolated and withdrawn from the hills and forest that were difficult to penetrate. The Spanish colonial strategy was to begin colonization along the coast towards the plains for purposes of trade and political consolidation. During the Revolution of 1896, Lumads joined a band of deportados and boluntarios who started a mutiny in Marawi City against their Spanish superiors. They roamed the Misamis Oriental area, harassing and wreaking havoc on Chinese and Spanish-owned business establishments. They were fully armed and looked “healthy”. They were led by an armed Lumad named Suba who had his own trumpeteers announce their coming. They were later known to have joined a group of rebels on the Agusan area who left to join the Katipuneros of Luzon.

54. The Subanon is a tribe indigenous to the Zamboanga Peninsula living in mountainous areas that can be traced as far back as 500 BC before the Neolithic Era, or New Stone Age. They speak the Subanon language. These people originally lived in low-lying areas, however due to disturbances and competition from other settlers like the Muslims, and migration of non IPs and non-Muslims were pushed into the interior parts of the region. Subanons generally refer to themselves as a whole as the gbansa Subanon, meaning “the Subanon nation”. They distinguish themselves from each other by their roots or point of origin, largely based on names of rivers, lakes, mountains, or locations. The Subanon groups that traditionally remained animist call themselves "Subanen" in areas closer to Zamboanga City while other groups who are linguistically members of the Subanen language subgroup but adopted Islam call themselves Kolibugan in western areas and Kalibugan in the central parts of the Peninsula.

55. In 1912, the Subanon were officially estimated to number 47,164. By 1988, their population had grown to about 300,000. The whole of Zamboanga has always been the ancestral domain of the Subanon, with some areas of the peninsula occupied by Muslims, and a few others by Christian settlers. Towards the tip of the peninsula live the Kalibugan, who number some 15,000.

56. Economy. The Subanen are mainly agriculturists who practice three types of cultivation. Along the coastal area, wet agriculture with plow and carabao is the method of producing their staple rice. Beyond the coasts, both wet and dry agriculture is found. Swidden farming is the norm

in the interior, particularly the uplands. Along the coasts, coconuts are raised aside from rice. Further inland, corn becomes an additional crop aside from the first two. Apart from the principal crops raised—which are mountain rice and corn—the root crops camote, cassava, gabi (taro), and ubi (yam) are also grown. These are roasted, boiled, or made into preserves and sweets. In some places, tobacco is planted. The people supplement their income and their food supply by fishing, hunting, and gathering of forest products. The extra rice they can produce, plus the wax, resin, and rattan they can gather from the forest are brought to the coastal stores and traded for cloth, blades, axes, betel boxes, ornaments, Chinese jars, porcelain, and gongs.

57. Relationship with the Environment. The relationship between natural phenomena and the agricultural cycle is well established in the folk knowledge of the Subanon. They study wind patterns, looking out for tell-tale signs of imminent weather changes. Based on their native methods of meteorology, the Subanon identify three distinct seasons within the agricultural cycle: pendupi, from June to September, characterized by winds blowing from the southwest; miyan, from December to January, a time of winds and northeast monsoon rains; and pemeres, from March to April, the hot and dry season. The Subanen also reckon agricultural time by the stars, notably the constellation Orion - the appearance of this star group signals the time for the clearing of a new swidden. The monthly rotation of the stars is a guide for the swidden cycle during the first months of the year.

58. Political System. Subanen society is patriarchal, with the family as the basic governmental unit. There is no political hierarchy at the village level. Timuay is the traditional title for the communal leader who is also the chief arbiter of conflict between the families of a community or a confederation. The word “timuay” means “chief” or “leader.” It connotes both civil and religious authority for the bearer of the title. The title of timuay may be recalled by the community and given to another tasked with the responsibility of leading the community.

B. Municipalities of Alicia and Mabuhay and affected Barangays

59. The two (2) municipalities to be traversed by the Guicam Bridge sub-project are Alicia and Mabuhay, composed of 45 barangays wherein two (2) barangays are affected by the sub-project. Total land area combined is 265.93km2 and population10 of 72,883 with a density of 274 person per km2.

Table 23: 2015 Population of Alicia and Mabuhay per Barangay

Municipality/ Barangay Population Municipality/ Barangay Population

Alicia 36,013 Mabuhay 36,870 Alegria 750 Abunda 847 Bagong Buhay 567 Bagong Silang 1,486 Bella 1,472 Bangkaw-bangkaw 1,958 Calades 809 Caliran 2,813 Concepcion 1,383 Catipan 1,245 Dawa-dawa 2,621 Tandu-Comot (Katipunan) 1,511 Gulayon 1,242 Kauswagan 1,520

10 Census of Population (2015). "Region IX (Zamboanga Peninsula)", PSA.

Ilisan 619 Ligaya 1,692 Kapatagan 808 Looc-Barlak 2287 Kauswagan 747 Malinao 4,077 Kawayan 2,062 Pamansaan 1,113 La Paz 1,449 Pinalim (San Roque) 1,479 Lambuyogan 1,244 Poblacion 4,582 Lapirawan 803 Punawan 1,405 Litayon 1,039 Santo Niño (Caliran) 1,159 Lutiman 1,747 Sawa 2,917 Milagrosa (Baluno) 1,520 Sioton 710 Naga-naga 1,814 Taguisian 4,069 Pandan-pandan 1,316 Payongan 1,323 Poblacion 3,978 Santa Maria 951 Santo Niño 1,098 Talaptap 1,450 Tampalan 1,187 Tandiong Muslim 903 Timbang-timbang 1,111 Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA

60. The male population in Alicia and Mabuhay is higher (51%) than the number of women (49%). In terms of age, the population less than 15 years old constitutes 39% while the productive or 15 – 64 years of age is 58%. The elderly or 65 years and above is 3%. This places the dependency ratio or the number of dependents 0-14 years and 65 years and over for every 100% in the productive age 15-64 at 74%

61. Municipal revenues are derived from taxes, licenses, and fees as well as the Internal Revenue Allotment (IRA). According to the Bureau of Local Government Finance, the annual regular revenue of affected municipalities for the fiscal year of 2016 was PhP189, 193,475.49. Looking at the involvement of employed males and females in the area of business and industry, more than 50% are in Agriculture, Forestry and Fishery.

62. Per the 2015 Municipal and City Level Small Area Poverty Estimates, the average poverty incidence of the affected municipalities is 55.21%, which is 8.75% lower compared to the previous estimates. Majority of the gainful workers 15 years old and over are skilled agricultural forestry and fishery workers (62.4%).

63. In terms of occupational groups, majority of the employed are skilled agricultural forestry and fishery workers (62.4%), while elementary occupations (10.4%), service and sales workers (6.2%), managers (5.6%), plant and machine operators and assemblers (4.7%), craft and related trades workers (3.8%), professionals (3.6%), technicians and associate professionals (1.4%), clerical support workers (1.3%), and armed forces occupations (.4%). Only .1% not reported any type of occupations.

64. Majority of the population 5 years old and over completed elementary (12%) and high school (11%). However, it was noted that there is also a significant number of populations attained higher than high school level (post-secondary, college undergraduate, academic degree holder, and post baccalaureate).

65. There are also, various health and wellness facilities like: hospitals, medical clinics, lying- in clinics/birthing, etc. that provides basic health services to the residents; administer first aid treatment for emergency cases and perform minor surgical operations among others

C. The Affected Households

66. Households occupying the structures were surveyed to establish their number, profiles and socio-economic conditions which are vital inputs to this plan. Household, for the purpose of this plan, is defined as “…one or more people who live in the same dwelling and also share meals or living accommodation and may consist of a single family or some other grouping of people. A single dwelling will be considered to contain multiple households if either meals or living space are not shared.”

67. Though the enumerators targeted to cover 100% of the AHs who will be physically and/or economically displaced, only 47% (9 AHs) were covered due to unavailability of AHs during the conduct of SES. The 9 surveyed AHs are distributed in two barangays of the two municipalities of Alicia (44%) and Mabuhay (56%). Below are results of the survey, tables of survey results are provided in Appendix 3. Given that the SES is based on a sample as well as information reported by respondents there will be differences with data presented in Chapter II which is based on validated data of all affected households.)

1. Socio-demographic Characteristics

68. Gender of Household Heads. All 9 surveyed AHs (100%) are male headed households.

Table 24: Sex Disaggregated Data Gender of Sample AH Dawa-Dawa, Poblacion, TOTAL Heads Alicia Mabuhay No % Male 4 5 9 100 Total 4 5 9 100

69. Age of Household Heads. Majority of the surveyed household heads fall under age bracket of 50-54 (33.3%), while (11.1%) for each of the following age brackets: 20-24, 40-44, 45- 49, 55-59, 60-64, and 75-79.

Table 25: Age of Sample AH Heads Age of Sample AH Dawa-Dawa, Poblacion, TOTAL Heads Alicia Mabuhay No % 20 - 24 1 0 1 11.1 40 - 44 1 0 1 11.1 45 - 49 0 1 1 11.1 50 - 54 2 1 3 33.3

55 - 59 0 1 1 11.1 60 - 64 0 1 1 11.1 75 - 79 0 1 1 11.1 Total 4 5 9 100

70. Civil Status. Most of the surveyed household heads are married (78%) while some are live-in (22%).

Table 26: Civil Status of Sample AH Heads Civil Status of Sample AH Dawa-Dawa, Poblacion, TOTAL Heads Alicia Mabuhay No % Married 2 5 7 78 Live-In 2 0 2 22 Total 4 5 9 100

71. Religion. Among the religions of the affected HHs include Catholic (78%), Iglesia ni Cristo (11%), and other religions (11%).

Table 27: Religion of Sample AH Heads Religion of Sample AH Dawa-Dawa, Poblacion, TOTAL Heads Alicia Mabuhay No % Catholic 2 5 7 78 INC 1 0 1 11 Others 1 0 1 11 Total 4 5 9 100

72. Educational Attainment. Of the 9 HHs, 33.3% are elementary undergraduates and 33.3% are elementary graduates. There are 11.1% HHs who are high school undergraduates while 22.2% are high school graduates.

Table 28: Educational Attainment of Sample AH Heads Educational Attainment Dawa-Dawa, Poblacion, TOTAL of Sample AH Heads Alicia Mabuhay No % Elem Under-graduate 2 1 3 33.3 Elem Graduate 1 2 3 33.3 HS Under-graduate 0 1 1 11.1 HS Graduate 1 1 2 22.2 Total 4 5 9 100

73. Place of Origin. Prior to residing in their current locations, 22.2% of the household respondents lived in the affected barangay, 22.2% lived in other barangays but within the same municipality, 11.1% lived in other municipality within the province and 44.4% lived in other regions of the country. Survey results also indicate that more than half of the AH Heads (67%) have been in the area for more than 10 years. Those who have been there for 1-5 years account for 22% while 11% did not respond.

Table 29: Place of Origin of Sample AH Heads Dawa- Place of Origin of Sample AH Poblacion, TOTAL Dawa, Heads Mabuhay Alicia No % Within Barangay 1 1 2 22.2 Other Bgy within the Municipality 0 2 2 22.2 Other Municipality within the 1 0 1 11.1 Province Other Region within the Country 2 2 4 44.4 Total 4 5 9 100

Table 30: Length of Residence of Sample AH Heads Length of Residence of Dawa-Dawa, Poblacion, TOTAL Sample AH Heads Alicia Mabuhay No % 1 - 5 years 2 0 2 22 More than 10 years 2 4 6 67 No Response 0 1 1 11 Total 4 5 9 100

2. Ownership of Land and Structure

74. Land Ownership. Land ownership can be a form of economic security among affected households, business owners, and landowner/claimants. Of the 9 AHs, more than half (56%) own the land they are occupy while 11% claimed that the land is owned by the government. About 33% did not respond to land ownership question. About 11% AHs of 9 respondents who claimed land ownership with land title and another 11% AHs claimed having tax declaration as proof of ownership. (The results presented above may vary with data presented in Chapter II, given that the SES relied on respondent reported information and data in Chapter II is based on validated data.)

Table 31: Land Ownership Dawa-Dawa, Poblacion, TOTAL Land Ownership Alicia Mabuhay No % Private 3 2 5 56 Government 0 1 1 11 No Response 1 2 3 33 Total 4 5 9 100

Table 32: Land Use Dawa-Dawa, Poblacion, TOTAL Land Use Alicia Mabuhay No % Residential 3 2 5 56 Residential- commercial 1 3 4 44 Total 4 5 9 100

Table 33: Tenure

Dawa-Dawa, Poblacion, TOTAL Tenure Alicia Mabuhay No % Owner 0 1 1 11.1 Co-Owner 1 0 1 11.1 Free Occupation w/ permit 2 2 4 44.4 Free Occupation w/o permit 0 1 1 11.1 Tenant/ Renter 1 1 2 22.2 Total 4 5 9 100

Table 34: Proof of Ownership Dawa-Dawa, Poblacion, TOTAL Proof of Ownership Alicia Mabuhay No % Title 1 0 1 50 Tax Declaration 0 1 1 50 Total 1 1 2 100 *based on 2 AH heads claimed land ownership

75. Structure ownership. Among households and business respondents, majority (78%) claimed to own the structures they occupy. While others claimed to be co-owner (11%) and free occupant with permit (11%).

Table 35: Ownership Status of Main Structures Dawa-Dawa, Poblacion, TOTAL Tenure Alicia Mabuhay No % Owner 2 5 7 78 Co-Owner 1 0 1 11 Free Occupation w/ permit 1 0 1 11 Total 4 5 9 100

3. Socio-economic Profiles

76. Occupation. Most affected households are workers (22.2%), businessman (22.2%) and other occupation (22.2%). Others are fisherman (11.1%) and service crews (11.1%). While 11% do not have occupation.

Table 36: Occupation Dawa-Dawa, Poblacion, TOTAL Occupation Alicia Mabuhay No % Fisherman 1 0 1 11.1 Worker 1 1 2 22.2 Businessman 0 2 2 22.2 Service 0 1 1 11.1 Others 2 0 2 22.2 None 0 1 1 11.1

Total 4 5 9 100

77. Half of the affected HHs (50%) is self-employed followed by permanent (25%). Others are contractual (12.5%) and seasonal (12.5%).

Table 37: Employment Status of Sample AH Heads Employment Status of Dawa-Dawa, Poblacion, TOTAL Sample AH Heads Alicia Mabuhay No % Permanent/ Regular 2 0 2 25.0 Contractual 0 1 1 12.5 Seasonal 0 1 1 12.5 Self-employed 2 2 4 50.0 Total 4 4 8 100 *based on 8 employed AH heads

78. Household Income. Some AHs (33%) have a monthly income of Php 10,001-20,000, 22.2% earns Php 10,000 and below monthly and another 22.2% earns Php 20,001- 30,000 monthly. Small percentage of AHs has monthly income of Php 30,001-40,000 (11.1%) and Php 50,001-60,000 (11.1%).

Table 38: Household Income of Sample AHs Monthly Income of Dawa-Dawa, Poblacion, TOTAL Sample AHs Alicia Mabuhay No % 10,000 and Below 1 1 2 22.2 10,001 to 20,000 1 2 3 33.3 20,001 to 30,000 2 0 2 22.2 30,001 to 40,000 0 1 1 11.1 50,001 to 60,000 0 1 1 11.1 Total 4 5 9 100

79. Household Expenditure. For most households (67%) have monthly expenditure of Php10, 000 and below while some (22%) spend Php 10,001-20,000 monthly. Little percentage of AHs (11%) spend Php 30,001-40,000 monthly.

Table 39: Household Expenditure of Sample AHs Monthly Expenditure of Dawa-Dawa, Poblacion, TOTAL Sample Ahs Alicia Mabuhay No % 10,000 and Below 2 4 6 67 10,001 to 20,000 2 0 2 22 30,001 to 40,000 0 1 1 11 Total 4 5 9 100

4. Quality of Life

80. Housing. More than half of the surveyed households (56%) used galvanized sheets as roofing materials. Around 22% are using nipa and another 22% are utilizing other materials. There

are various wall materials for housing. Majority of the surveyed AHs (67%) are using other materials while few (33%) are using wood as wall material.

Table 40: Roof Material Dawa-Dawa, Poblacion, TOTAL Roof Material Alicia Mabuhay No % Nipa 1 1 2 22 Galvanized 1 4 5 56 Others 2 0 2 22 Total 4 5 9 100

Table 41: Wall Material Dawa-Dawa, Poblacion, TOTAL Wall Material Alicia Mabuhay No % Wood 1 2 3 33 Others 3 3 6 67 Total 4 5 9 100

81. Electricity. All respondents (100%) have access to electricity as light source.

Table 42: Light Source Dawa-Dawa, Poblacion, TOTAL Light Source Alicia Mabuhay No % Electricity 4 5 9 100 Total 4 5 9 100

82. Water source. Around 56% of surveyed AHs have piped water connection while 33% are using water pump. Some are getting water from other sources (11%).

Table 43: Water Source Dawa-Dawa, Poblacion, TOTAL Water Source Alicia Mabuhay No % Pipe 0 5 5 56 Pump (close) 3 0 3 33 Others 1 0 1 11 Total 4 5 9 100

83. Fuel source for cooking. All AHs (100%) use wood/charcoal as primary fuel source for cooking.

Table 44: Fuel Source for Cooking Dawa-Dawa, Poblacion, TOTAL Fuel Source for Cooking Alicia Mabuhay No % Wood/Charcoal 4 5 9 100 Total 4 5 9 100

84. Toilet. About 67% of households reported using flush-type toilets in their homes. Some (22%) are using open pit while as little as 11% are not using any type of toilet.

Table 45: Toilet Dawa-Dawa, Poblacion, TOTAL Toilet Alicia Mabuhay No % None 0 1 1 11 Flush Type 2 4 6 67 Open 2 0 2 22 Total 4 5 9 100

5. Gender Issues Considered in the Project

85. Based on the gender analysis to prepare the project, key gender issues affecting women include insufficient incomes, lack of livelihood opportunities, and women’s difficulty in traveling on rough roads, especially during the rainy season and when they are pregnant. Women also cited problems relating to time poverty, limited community participation, high cost of transport, and difficulty in accessing social services. Most of the women are engaged in seasonal farm work, indicating a high rate of underemployment, and in some areas at least a third of them are unpaid family workers. They use the highway and feeder roads to travel on foot and by motorized transport, from farms and coastal barangays to central markets for the sale of crop and fish; to purchase needed supplies; to bring their children to schools, market, avail of health services, and to attend religious ceremonies. Women expressed the need for improved road conditions and requested assistance for establishing additional sources of income based on their skills and knowledge, e.g., sewing and vermiculture, and any other income generating activity. Incidents of domestic violence and trafficking of persons were recorded. Municipal governments allot funds for activities addressing gender issues and undertake gender and development (GAD) programs that are financed through their GAD fund. The DPWH has established institutional gender mainstreaming mechanisms (GAD focal point and a GAD budget). It has tools such as the DPWH Toolkit for Making Road Infrastructure Projects Gender Responsive, and policies such as Department Orders, which prescribe guidelines and procedures in mainstreaming gender equality actions in all phases of road infrastructure projects, provides guidance on the implementation of the Magna Carta of Women and hiring of local unskilled labor during operations.

86. Key actions. Women’s voices will be strengthened by promoting their participation in project consultation activities. During RIPP preparation a majority of the public consultation participants were women. Regardless as to whether the designated household head is a man or a woman, both spouses heading affected households will be invited when the compensation is disbursed. New titles at resettlement sites will be issued in the names of both spouses heading household recipients of resettlement site plots. In the long term, the road project is expected to improve women’s access to social services, economic or financial resources or opportunities, and other basic infrastructure.

6. Perception of the Project Impacts

87. Positive Impacts. Based on the SES (N=9), 56% of the affected households believes that one of the positive impacts of the project is progress in town/barangay. Also, 33% trusts that the

project can generate jobs. In effect, the project contributes to the growth and improvement of business according to 11% of HHs.

Table 46: Positive Impacts Dawa-Dawa, Poblacion, TOTAL Positive Impacts Alicia Mabuhay No % Job Generation 0 3 3 33 Barangay/Town Progress 4 1 5 56 Improvement/ Growth of 0 1 1 11 Business Total 4 5 9 100

Positive Impacts

11% Job Generation 33% Barangay/Town Progress

Improvement/ Growth of 56% Business

Figure 2: Perception of the Project Impacts-Positive

88. Negative Impacts. All surveyed AHs (100%) perceived that loss or reduction of houses is the sole negative impact of the project.

Table 47: Negative Impacts Dawa-Dawa, Poblacion, TOTAL Negative Impacts Alicia Mabuhay No % Loss or Reduction of house 4 5 9 100 Total 4 5 9 100

Negative Impacts

Loss or Reduction of house

100%

Figure 3: Perception of the Project Impacts-Negative

89. Support for the project. All surveyed AHs (100%) at the time of the SES supported the project.

Table 48: Project Approval Dawa-Dawa, Poblacion, TOTAL Project Approval Alicia Mabuhay No % Yes 4 5 9 100 Total 4 5 9 100

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE

A. Consultation and Participation

90. 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”.

91. DPWH will conduct meaningful consultation with APs, their host communities, and civil society for every sub-project identified as having IR impacts. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of AP and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Consultation will be carried out in a manner commensurate with the impacts of affected communities. The DPWH will pay attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, IPs, and those without legal title to land.

B. Consultations Conducted at Preparation of draft RIPP

1. First Consultation Meetings

92. Prior to the conduct of public consultation meetings for PR09a, coordination meetings with DPWH DEO and affected LGUs (Alicia and Mabuhay) were held on 22-23 January 2019. Table below presents details of the meetings.

Table 49: Coordination meetings conducted Date Place Attendees Discussions • Participation of DPWH District Office in DPWH District conducting DPWH DEO 22 January 2019 Office, DPWH RMC coordination and Diplahan II and Katahira public consultation meetings for PR09a

• Date of PR06 and 09 ground- breaking • NTP issuance status for PR06 and PR09 Provision of Alicia, Zamboanga Alicia LGU, DPWH • documents on Sibugay RMC II and Katahira affected lots in Dawa-Dawa for PR09a

• Pre-procurement activities of PR Mabuhay, Mabuhay LGU, 09a 23 January 2019 Zamboanga DPWH District Office Public Sibugay and Katahira • consultation schedule

93. The public consultations for PR09a were conducted from 23-24 January 2019. The DPWH Project Director UPMO sent letters to the RO, DEO and the LGUs prior to the conduct of coordination meetings and public consultations with PAPs in 2 barangays to be traversed by PR09a as part of the preparation of RIPP. A total of 35 persons (18 male and 17 female) participated. The following table shows the details including the agenda. See Appendix 4: Report on First Consultation Meetings conducted at Preparation of draft RIPP.

Table 50: Consultations conducted in 2 barangays of Alicia and Mabuhay (1st)

Municipality/ Number of Participants Issues and Date Agenda Barangay Male Female Total Concerns

• proof of ownership • payment of RPT after ROW acquisition (c) 23 Jan Dawa- Dawa, • Presentation of 8 11 19 compensation for 2019 Alicia the Project, structures if owner Resettlement and rents the lot Indigenous • compensation for Peoples Plan land not yet (RIPP) Cut-Off transferred to new Date, owner • Disclosure of • Claimants with Affected SPA Households 24 Jan Poblacion, • inclusion of AHs 10 6 16 (AHs) Master List, 2019 Mabuhay and in both PR09 and Guicam Bridge • Next Steps and subprojects and Open Forum • "very low" valuation of affected coconut Total 18 17 35 trees.

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

Table 51: Summary of Questions and Responses

No. Questions and Issues Responses

Barangay Dawa-Dawa, Alicia

To show proof of ownership, the claimant is normally requested to show the owner's copy of the affected lot, Land titles possessed by affected among others or electronic copy of the lot title in the 1 person are only photocopies. Will name of the registered owner duly authenticated by the photocopies be honored? Registered of Deeds (RD)/Land Registration Authority (LRA).

Yes, it is reasonable to expect that the annual Real Property Tax Payment for land would be lower after DAS Once DAS is annotated, will there annotation. The local Assessors Office, however, should 2 be reduction of Real Property Tax be provided with a certificate true copy of the Lot Title payment for land? reflecting the proper entries of the Deed of Absolute Sale (DAS) as basis for the corresponding adjustments of RPT payment.

The owner of the structures will get compensation for the structure while the owner of the land will get a separate Pays rent to the registered lot payment for the affected land, subject to the preparation owner but owns the structure. Will and validation of proof of ownership, among others. 3 there be compensation on the lot Those who do not have legally recognized rights to the and structure? land, but are (a) Filipino citizens (b) do not own any real property (c) not professional squatters will get compensation at replacement cost.

If the purchased lot is covered by a title, the Affected Bought a parcel of lot from the Person can request the Seller to execute a Waiver in Luna's but not yet transferred 4 favor of the Buyer or the Buyer can go to the Register of because the lot is not yet Deeds to request for the registration (annotation) of the subdivided Deed of Sale.

The registered owner is her mother. A person with a Special Power of Attorney (SPA) can She has 5 sibling. Mother is sick claim payment for affected properties after proper 5 and cannot walk and have issued validation of documents and exercise of other due an SPA. diligence requirements (DPWH DO 152 S2017)

She was not present when the Her name is not included in the master list of affected survey was conducted. She 6 households (structures). Survey Team to re-check inquired if her house is bridge site to ascertain exclusion from the list. included/affected by the project.

Barangay Poblacion, Mabuhay

At least 5 AHs are in PR09 Master Observation is duly noted. Consultant will discuss the List who are also included in 7 apparent "duplication" with DPWH ROW Task Force Guicam Bridge AHs. There seems Team to be a duplication.

Appraised Value for Coconut tree is around 120 pesos a piece. Owners may find this valuation very low. The Municipality of Mabuhay is Proposal of Honorable Mayor is duly noted. Consultant 8 ready and willing to give an will relay the proposal to DPWH. additional 80.00 pesos per tree to make it 200.00 per piece. He also proposed that the tree owner can take the tree if he so chooses.

The final valuation of coconut trees will be known during Seek clarification if LGU will the Final Validation phase that will still be undertaken 9 shoulder cost of trees or will it be jointly by ROW Task Force and DEO in coordination with made as LGU counterpart LGU.

2. Second Consultation Meetings

95. On 27-28 April 2019, another public consultations were held in Dawa-dawa, Alicia and Poblacion, Mabuhay. The agenda of the consultations are as follows: (1) presentation of project updates, (2) disclosure of the revised RIPF and the master list of APs (3) formation of Municipal RIC and (4) open forum. A total of 31 persons participated in the meetings. The following table shows the details, including the agenda, central themes, and issues and concerns raised (Appendix 5: Report on Second Consultation Meetings conducted at Preparation of draft RIPP).

Table 52: Consultations conducted in 2 barangays of Alicia and Mabuhay (2nd)

Municipality/ No. of Attendees Date Main Themes Issues and Concerns Barangay Male Female Total • positive • re-survey to impact of the ascertain that project, house is not within 27 Apr Dawa- Dawa, 9 3 12 the 20 meters ROW 2019 Alicia • queries related to limit the project • trees will be and affected but tax

• appeal declaration is the double only document of check ownership 28 Apr Poblacion, 15 4 19 affected • incomplete 2019 Mabuhay properties documentation for land transfer

Total 24 7 31

96. The primary goal of the coordination meetings and public consultations was to share information concerning the project by presenting to the primary and secondary stakeholders the project background, scope, objectives, benefits, updates, basic resettlement policies (GOP and ADB), cut-off-date and announcement of succeeding resettlement activities.

97. The meetings and consultations also gave the participants the opportunity to respond to the project presentation, present real or perceived issues and allow concerns to surface in an atmosphere free of intimidation or coercion in the open forum segment.

98. The meetings and consultations used the following format (i) welcome/opening remarks by the host LGU, (ii) introduction of DPWH representatives and the DED Consultant(s); iii) brief presentation of the Project and resettlement impacts; iv) overview of DPWH and ADB Policy on social safeguard, and v) open forum. LGU officials and District DPWH helped the consultants in interpreting discussions in Bisaya/Cebuano and other dialects used.

C. Consultation conducted at preparation of Updated RIPP

1. Validation and Disclosure Activity

99. On October 10, 2019, the DPWH RROW team conducted a consultation meeting in Sitio Guicam, Barangay Dawa-Dawa, Alicia (Appendix 6: Minutes of Validation and Disclosure Activity). Affected of the two (2) barangays of Alicia and Mabuhay attended the meeting. Out of 10 participants, about 40% were male and 60% were female.

100. The information presented in these consultation meetings by DPWH included the following matters:

a. The main objective of the meeting which is to disclose APs compensation package based on the 20m RROW limit. b. The settlement of issues Road Right–of–Way acquisition of the project is fundamental. The affected persons are to be fully compensated prior to demolition/removal of their respective properties. c. They were informed on the requirements needed for the processing of their payments (i.e. 2 valid IDs (photo copies), Barangay Certificate, TIN # and Affidavit of Absolute Ownership duly notarized. d. They were informed that the team will conduct face to face interview since the project is in the process of preparing a livelihood restoration program and there is a need to understand their intentions, needs, challenges and preferences so the project can prepare a meaningful program. There is a relocation site within the barangay and relocating APs will be provided with plots if they are eligible.

Eligibility would be established after proper evaluation of their individual economic status is undertaken. e. The meetings were then opened for questions and comments.

101. The table below presents the details of the dates, locations and attendance of the consultation meetings.

Table 53: Number of attendees during consultation and disclosure Number of Participants Total Date Municipality/ Barangay Male Female (attendance) Alicia Dawa-Dawa 1 4 5 10 Oct 2019 Mabuhay Población 3 2 5 TOTAL 4 6 10

102. Issues and concerns were raised during the open forum. Table below presents the issues and concerns raised by the APs.

Table 54: Issues and Concerns raised by the APs

Issues and Concerns Responses

Yes, you can have the salvaged materials. The project If they can have the salvaged materials of encourages owners to demolish their own structures their structures and doing so with care would maximize reuse of materials. APs are required to present two (2) valid IDs- One primary ID (government issued ID) like PRC, Licence What are considered valid IDs? Is Voter's (LTO), GSIS, PAGIBIG and one secondary ID, either a Certification a valid ID? valid Company ID, Barangay ID etc. Voters certification is not considered as a Valid ID. Yes, the project will commence construction after bidding is carried out and permits are issued from When will construction start? Will the APs DENR for Environmental Compliance Certificate get the compensation before the start of (ECC), CENRO for Tree Cutting Permit, NCIP for their construction? clearance, and ROW are all settled. No structures will be removed or demolished without payment.

2. Livelihood Restoration Program Survey

103. A Livelihood Restoration Program (LRP) Survey was carried out on 10 October 2019. The LRP Survey was undertaken essentially to solicit the AH’s intentions for livelihood restoration – especially if AHs would re-establish what they would lose (e.g. set up again their shop or buy replacement farming land) or do something new. The AHs were told that the Project is in the process of preparing a livelihood restoration program. The main goal of the face to face interview was to know their intentions and preferences and asses their needs so that the project can prepare a meaningful program.

104. Relocatees. About 67% of AHs said they would still derive their income/livelihood income from the same source even after relocation while 33% said they are not yet decided.

105. About 17% of relocating AHs have expressed interest in vocational skills training for myself (or spouse), 67% said they are not interested in attending any training and another 17% are not yet decided.

106. Business owners. About 50% of the surveyed AHs with affected business/shop said they will rebuild the same business/shop on the same plot and another 50% plan to rebuild the same business/shop in the new place they will live.

107. Farmers. There are two farmers who own severely affected land but still viable and are not considered vulnerable. The farm lot owners are eligible for LRP.

108. Rehabilitation assistance in the form of training equivalent to Php 15,000.00 will be provided to them.

109. Vulnerable AHs. The main sources of income for 2 AHs who are vulnerable are small business (50%) and assistance from extended family (50%).

110. When asked about their intentions for livelihood restoration, 100% of AHs said they do not know yet.

111. Forms of assistance. About 25% of 4 AHs are interested in vocational training while 75% did not want any training.

D. IP consultation

112. Interest and well-being of indigenous peoples in the project area are protected and promoted by National Commission on Indigenous Peoples (NCIP). NCIP is a government agency created through Republic Act No 8371 or also known as The Indigenous Peoples’ Right Act of 1997. Its responsibility is to formulate and implement policies, plans and programs recognizing, protecting and promoting the rights of ICCs/IPs.

113. Certification Precondition (CP) is a certificate issued by the NCIP stating that the project area does not overlap/affect with any ancestral domain. Prior to the issuance of the CP, a field- base investigation (FBI) shall be conducted by the Ancestral Domains Office of the concerned area to determine whether or not the project or activity overlaps/affects an ancestral domain, its extent and involved IPs whom free prior and informed consent (FPIC) are to be obtained. The IPs have the right to stop or suspend any project that does not satisfy the consultation process. After conducting consultation meetings, a decision meeting will be established. During the meeting, the council of elders/ leaders will proclaim their decision. Subsequently, negotiation and finalization of terms and conditions of Memorandum of Agreement (MOA) is executed.

114. Prior to the CP application of PR09a, an inter-agency meeting was held on 15 May 2018 at the DPWH 9th Regional Office, Tetuan, Zamboanga City wherein DPWH Project Director requested the NCIP Director to fast-track the FPIC process in issuing certification given that the DPWH will comply to the process and submit the necessary documents (Appendix 7.1: Minutes of Inter-agency Meeting).

115. Through the conduct of public consultations and SES in the two barangays of Alicia and Mabuhay. The presence of IPs was determined. Once determined, the consultant coordinated with the NCIP regarding the qualifiers of Broad Community Support (BCS) and the process of FPIC specifically the CP issuance procedures. This is stipulated in the IPRA law. The DPWH filed the CP/CNO application to the NCIP for PR09a. The CP application include the submission of requirements comprising of (i) Profile of the Applicant, (ii) Nature and Purpose of the Project, (iii) Duration of the Project, (iv) Abstract of the Proposed Project, (v) Preliminary Assessment of Effects, (vi) Indicative Budget, Persons to be involved in Implementation and (vii) Operation Plan/Activity

116. The Field-based Investigation (FBI) Team was constituted on 7 March 2019 (Appendix 7.2: Creation of FBI Team Re: CP/CNO Application of DPWH). The FBI Team, together with the authorized DPWH representatives met in Pagadian City on April 23, 2019 for the Pre- FBI Conference. During the Pre- FBI Conference, the procedures of the FPIC process was presented by the NCIP. Then, the DPWH and the DED Consultant presented the project background and project description of PR09a Lastly, FBI Team jointly prepared the Work and Financial Plan (WFP) for the conduct of FBI. The WFP was approved by NCIP Region IX and duly concurred by DPWH (Appendix 7.3: Work and Financial Plan for the conduct of FBI). The field investigation was conducted on 03-07 June 2019.

117. The Certification Precondition was finally issued on 10 July 2019 at NCIP Regional Office, Raiza Building, Lumbia District, Pagadian City, Zamboanga del Sur. (Appendix 7.4: Copy of CP for PR09a).

E. Disclosure

118. DPWH shall submit the following documents for disclosure on ADB’s website: a. The Draft RIPP as endorsed by DPWH; b. Updated RIPP upon (a) finalization of the DED, (b) completion of valuation report by an independent appraiser, and (c) DPWH validation as endorsed by DPWH; c. A new or updated RIPP and corrective action plan prepared during project implementation, if needed; and d. Semi-annual monitoring reports.

119. The draft RIPP will be disclosed to APs by DPWH Representatives and DEO Coordinator through a consultation meeting.

120. An updated PIB was distributed in the project area during the formation of the Municipal RIC on 27-28 April 2019. The PIB was translated by DPWH. The PIB includes the project name, eligibilities, compensation/entitlements, GRM procedures, and focal persons. As disclosed among the APs and local officials, the cut-off date of PR09 was on 29 August 2018. The translated PIB is attached in Appendix 8.

F. Consultation, Disclosure and Information Dissemination during RIPP Implementation

121. Meaningful consultation and disclosure activities will continue during project and RIPP implementation.

122. Various means of communication can be applied depending of the communication objectives. Forms of communication will include public consultation meetings, small group

discussion meetings with specific groups on certain issues (such as focus group discussions), as well as printed material such as information brochures and copies of reports.

123. Communication will take in to account the language needs of different audiences. There are different ethnic groups residing in the project areas. While Cebuano is commonly spoken in addition to their own ethnic languages. Levels of literacy may vary amongst community members. Literacy in local ethnic languages is not common. Community meetings should take consideration of this, using appropriate vocabulary and local languages.

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

125. Key communication activities are described in the following section.

G. Roles and responsibilities of communication and consultation

126. The requirements for consultation and disclosure along with roles and timing are presented in table below.

Table 55: Roles and Responsibilities for Consultation and Participation Issue Target Audience Means of Communication Responsible Timing Source of Funds IP Specific

Free Prior and Informed Consultation meetings.

Consent. Presentation of Local IP Separate meetings with IP NCIP in information about the project, communities and traditional leaders. collaboration Completed impacts and mitigation their ICCs/IPs Presentation of with DPWH during RIPP GOP counterpart measures to confirm broad elders/leaders plan/project/activity, (UPMO, ESSD, updating community support for the Consensus building/ DEO) project. decision making.

Consultation meetings to present updated RIPP to the APs, LGUs and other involved agencies Additional separate Communities in meetings with IPs and their project areas; traditional leaders. Stakeholders DPWH Presentation of plan/ (including NCIP. Completed DPWH (UPMO, project/ activity, Consensus organizations during RIPP ESSD, DEO) and building/ decision making. and updating NCIP Public posting of updated Disclosure of updated RIPP traditional PIB in barangay notice leaders) boards and dissemination

barangay captains and traditional IP community leaders. Copy distributed to NCIP (Regional Office) by DPWH.

Following Public disclosure on ADB’s ADB General public approval of the NA website RIPP Uploaded on ADB website. Upon Disclosure of periodic External Public, LGU, IP ADB Copy distributed to NCIP submission of NA RIPP Monitoring Reports leaders, local DPWH (Regional Office) by DPWH. periodic

civil society monitoring organizations. reports (semiannual) Upon submission of periodic Disclosure of periodic Internal Public Uploaded on ADB website. ADB monitoring NA Monitoring Reports reports by PMU 2 (semi-annual) Resettlement Related Dissemination of the updated PIB, including compensation and DPWH (UPMO, Disclosure of draft updated Affected entitlements, cut-off date, ESSD, DEO) July 2018 NA RIPP and entitlements households GRM procedures and contact details for focal persons Affected Following Dissemination of RIPP to households, formal approval all barangays in project DPWH (UPMO, Communities in and Project areas and agencies ESSD, DEO); project areas; concurrence supervision involved in RIPP NCIP (NCIP Disclosure of updated RIPP traditional IR from consultant time implementation. transfers to IP leaders; Government Copy distributed to NCIP traditional agencies and GOP counterpart (Regional Office) by DPWH. leaders) involved in RIPP ADB

implementation. Public disclosure on ADB’s General public ADB NA website DPWH, Project Group and individual (UPMO, Following DMS supervision Affected discussions with relocating ESSD, DEO Resettlement validation consultant time households AHs on options details and LGU), IP GOP counterpart assistance entitlements. traditional

leaders

Consultant, DPWH Group discussions on (UPMO, AHs eligible for livelihood restoration ESSD, DEO) During RIPP Project IP livelihood strategy, including and other updating and supervision restoration proposed options. Livelihood development government throughout consultant time assistance, Needs and preference agencies such RIPP traditional assessment. (Feedback as DOLE, implementation. GOP counterpart leaders informs final design of TESDA, DA, livelihood strategy.) DSWD and DENR Project Public consultation DPWH, IPA and Following supervision Entitlements, eligibility and Affected meetings. consultant finalization consultant compensation rates households Distribution of the PIB to (UPMO, ESSD, of time APs DEO) updated RIPP GOP counterpart Ongoing prior to implementation DPWH and upon Project Implementation schedule of Affected Public consultation (UPMO, significant supervision resettlement plan and civil households meetings ESSD, DEO) change in consultant time works implementation GOP counterpart schedule.

DPWH, Land bank or and Project Minimum 1 Authorized supervision Compensation disbursement Affected Notices to week prior Government consultant time schedule households individual households to Depository Bank GOP counterpart disbursement (AGDB)

Commencing upon final Project Households Group discussions and DPWH, LGU approval supervision Relocation arrangements required to individual consultations as and Affected of consultant time relocate needed. households updated RIPP GOP counterpart until resettlement

satisfactorily completed

Upon Public, submission of local Uploaded on ADB Disclosure of periodic External periodic authorities, local website. ADB NA Resettlement Monitoring Reports monitoring traditional reports leaders, (semiannual) Upon submission of Disclosure of periodic Internal Uploaded on ADB periodic Public ADB NA Monitoring Reports website. monitoring reports (semiannual)

V. GRIEVANCE REDRESS MECHANISM

127. The project will establish a project level GRM to receive and resolve project related concerns, complaints, and grievances. All complaints received in writing (or prepared in written form, when received verbally) from the APs shall be properly documented. All complaints shall be acted upon immediately and addressed through negotiation processes to arrive at a consensus, pursuant to the procedures detailed below.

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

129. Level I - Municipal Level – AP representatives, representatives of affected Barangays and LGU Stakeholders shall comprise a grievance redress committee (GRC) to be set up and shall meet in case a complaint is lodged. A designated barangay representative will be responsible for registering the complaints and grievances. A decision should be made within 15 calendar days after receipt of the complaint. The AP or stakeholder will be informed in writing of the decision within two working days. The committee will be chaired by the Municipal Mayor. If the Municipal Mayor is an AP, the chair of the committee may be represented by the deputy. The grievance shall be filed by the AP (or the Punong Barangay) with the chairperson of the municipal grievance level committee. A record of the grievance will be provided to the Municipal RIC within a working day of receipt by the municipal level Grievance Committee chairperson.

130. Level II - DPWH Regional Office level - If not satisfied by the municipal level committee, the AP can appeal before the DPWH Regional Office. The Regional Office has 10 calendar days within which to resolve the complaint. The resolution will be officially communicated in writing to the AP within five working days from the date of the issuance of the decision.

131. Level III - DPWH PMO Level – If the decision by the Regional Office is not satisfactory to the AP, then the complainant may appeal to the DPWH Project Management Office through the DPWH ESSD. The complaint shall be resolved within 15 calendar days and the decision shall be communicated in writing within seven working days.

132. Legal Procedures – At any stage of the grievance redress process (Levels I to III), if the decision is unsatisfactory, an aggrieved person is free to take the matter to an appropriate court of the Republic of the Philippines for adjudication.

133. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as described in the DPWH RoW Procedural Manual, 1 April 2003, as outlined below: a. Complaints against local government executives shall be filed with the Department of Interior and Local Government (DILG). b. Complaints against subordinate officials shall be filed with the office of the local chief executive concerned. c. Complaints against officials of other national agencies may be filed with the office of the Presidents, or the office of the Ombudsman. d. Aggrieved parties may also direct their complaints to and/or seek the assistance of the Commission on Human Rights (CHR) or the Presidential Commission for the Urban Poor (PCUP). e. In cases of any complaints against any member of the Philippines National Police (PNP), the same shall be lodged with the DILG.

134. IP Grievance Redress Procedure. Conflicts within the affected IP community will be addressed within the community itself in the context of its customary law and customary dispute resolution process and mechanisms, in the presence of the relevant staff of the NCIP office with jurisdiction over the area, and if so invited, project-related staff and other stakeholders, e.g. formal local leadership in the barangay and/or the municipality. Intercommunity conflicts will be addressed between the communities themselves, according to their customary or agreed upon dispute resolution processes and mechanisms. If an outside facilitator, mediator, or arbiter is required or requested for, the UPMO and project implementing and monitoring units in the field will seek the intervention of the NCIP to act as facilitator, mediator, or arbiter. This guideline applies to conflicts or disputes between the IP community and any of the project units and implementers.

135. The social safeguards focal person at the DEO with the assistance of regional and central office counterparts shall document the proceedings of the discussion or negotiations. This is in addition to the documentation done by the IP community themselves and by the NCIP. If no satisfactory result or impasse results, the IP communities shall be allowed to elevate their complaints and grievances to the RIC. The grievance procedure established herein in no way substitutes for or replaces the grievance procedure set forth in The FPIC Guidelines of 2012. At their choosing, the IPs may avail of the grievance procedure and mechanisms spelled out in The FPIC Guidelines of 2012.

136. ADB’s Accountability Mechanism. In addition to the project GRM which is the responsibility of a project executing agency, ADB’s accountability mechanism (May 2012) also applies to the project, for which ADB is responsible. The accountability mechanism provides opportunities for people that are adversely affected by ADB-financed projects to express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguard policies. ADB’s accountability mechanism comprises of (i) consultation led by ADB’s special project facilitator to assist people adversely affected by ADB- assisted projects in finding solutions to their concerns and (ii) providing a process through which those affected by projects can file requests for compliance review by ADB’s Compliance Review Panel.

VI. LEGAL AND POLICY FRAMEWORK

A. Relevant Laws and Regulation in the Philippines

137. The Philippine Constitution specifically provides for the following:

i. Article III, Section 9: “Private property shall not be taken for public use without just compensation.” ii. Article XII, Section 5: “The State...shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. By an act of Congress, customary laws governing property rights or relations can be applied in determining the ownership and extent of ancestral domains.”

1. Involuntary Resettlement

138. Republic Act (RA) 10752 - An Act to Facilitate the Acquisition of Right-Of-Way (ROW), Site or Location for National Government Infrastructure Projects – The law took effect on April 03, 2016 and its Implementing Rules and Regulations (IRR) became effective on 07 August 2017 repealing and RA 8974. The IRR of this law aims to expedite the implementation of infrastructure projects. With its implementation, it is expected to reverse the pattern of expropriation as a preferred mode of acquisition, which is usually a long-drawn process. The new law provides clear and simple ROW acquisition guideline which benefits both the property owners/project-affected persons (PAPs) and Implementing Agencies (IAs). Section 4 of the Act explicitly states that the modes of acquiring real property are: (i) donation, (ii) negotiated sale, and (iii) expropriation. Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers (IPA) which help promotes objective property valuation. The assumption by the IA of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government.

139. Negotiated Land Acquisition. Negotiated sale is the preferred mode of ROW acquisition (after voluntary land donation) and should be explored before resorting to expropriation. RA 10752 aims to make negotiated sale more attractive than expropriation, since the process reduces negotiation time and provides realistic prices. It replaces the previous lengthy and cumbersome two-step procedure under RA 8974, where the implementing agency – in this case DPWH - makes the first offer to the property owner based on BIR Zonal Value, considered unattractive because the value is often low and second, the offer is made based on the fair market value, but most IAs lack the necessary competence to determine.

140. Under RA 10752, DPWH shall immediately offer (first and final) to the owner, as compensation price, the sum of (i) the current fair market value of the land, (ii) the replacement cost of structures and improvements, and (iii) the current fair market value of crops and trees. To determine the appropriate price offer, the DPWH may engage the professional services of a GFI or IPA. The DPWH may use the GFI/IPA appraisal reports, as duly validated, as one of bases of DPWH’s price offer for negotiated sale. DPWH is encouraged to develop its in-house personnel capable of validating appraisal reports. The assumption by the DPWH of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government.

141. DPWH shall pay the property owner (i) Fifty percent (50%) of the negotiated price of the affected land, exclusive of the payment of unpaid taxes remitted to the LGU concerned and (ii) Seventy percent (70%) of the negotiated price of the affected structures. improvements, crops

and trees, exclusive of unpaid taxes remitted to the LGU concerned. DPWH shall pay the property owner the remaining fifty percent (50%) of the negotiated price of the affected land after the transfer of title in the name of the Republic of the Philippines, in cases where the land is wholly affected and at the time of the annotation of a deed of in cases where the land is partially affected. DPWH shall pay the remaining thirty percent (30%) of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned after the land is already completely cleared of structures, improvements, crops and trees.

142. ROW acquisition starts with the validation of PS Report and approved social safeguard document/plan where the number and names of property owners and other relevant information will be determined. The validated PS Report and social safeguards document/plan together with the GFI/IPA appraisal reports, DPWH can start the preparation of Notice of Taking pursuant to Negotiated Sale Mode of Acquisition under RA10752. Within 30 days, negotiation either succeeds or fails. A successful negotiation would mean execution of Deed of Absolute Sale, and DPWH can secure a Permit to Enter. A failed negotiation on the other hand would mean DPWH can initiate expropriation proceedings.

143. Based on the price for negotiated sale set in the validated and approved social safeguards document/plan, send the letter-offer to the owner, informing him that, if he rejects the offer or fails to respond with complete documents within 30 days, DPWH shall initiate expropriation proceedings.

144. It also streamlines the expropriation process if negotiation fails. The improved process requires (a) complete documentation to support the expropriation complaint, (b) provides for the immediate deposit of the value of the property allowing prompt release of payment to the owners and (c) provides immediate issuance of Writ of Possession upon deposit of the value of the property, which will enable early project implementation.

145. Additionally, the law greatly improves budget preparation for ROW acquisition and project implementation allowing a wide range of ROW budget allocation to cover cost items such as PSs, property appraisal, compensation/entitlements, resettlement to include planning, social preparation, land development, housing construction, provision of basic services, community facilities, resettlement action plan activities and other related expenses of the IA including capital gains tax (CGT), documentary stamp tax (DST) and transfer tax.

146. DPWH Right-of-Way Acquisition Manual (DRAM), December 2017. This ROW Manual based on the RA 10752 and other legal references, replaces the earlier one of 2003. For the procedures for ROW acquisition, it lists acquisition through donation and acquisition through negotiated sale, among others. The DRAM covers the entire ROW acquisition process – including (a) Project Feasibility Study with Environmental Impact Assessment and preparation of Preliminary ROW Action Plan (RAP) with property appraisal, (b) inclusion of the Project in the Medium-Term Infrastructure Program, (d) provision of appropriations in the General Appropriations Act (GAA), (e) Fund Release, (g) Detailed Engineering Design (DED) including Parcellary Surveys and preparation of Final RAP, (h) RAP Validation, (i) Actual ROW Acquisition through Donation, Negotiation, Expropriation, and Other Modes, (j) Payments, (k) Transfer of Title to the Republic, (l) Clearance of ROW, and (m) Management of ROW. The DRAM serves as a guide for the Government Financial Institutions (GFIs) and Independent Property Appraisers (IPAs) in determining the appropriate price offers to property owners affected by ROW acquisition.

147. Other laws and policies including Executive Orders, Administrative Orders and DPWH Department Orders are as follows:

a. Executive Order (EO) 1035. Specifically, the order stipulates (i) the provision of financial assistance to displaced tenants, indigenous peoples, and settlers equivalent to the average annual gross harvest for the last 3 years and not less that PhP15, 000 per ha, (ii) disturbance compensation to agricultural lessee’s equivalent to 5 times the average gross harvest during the last 5 years, and (iii) Compensation for improvements on land acquired under Commonwealth Act 141. b. The Comprehensive Agrarian Reform Law Republic Act 6657 (1988). Section 28 provides that landowner shall retain his share of any standing crop un- harvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given a reasonable time to harvest. c. DPWH Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP) (March 2007) The LARRIP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. The LARRIP enumerates the entitlements and benefits that Affected Families (AFs) or Project Affected Persons (PAPs) should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan. d. Commonwealth Act 141 Section 112 or Public Land Act - prescribes a twenty (20) meter strip of land reserved by the government for public use, with damages being paid for improvements only. b. Presidential Decree 635 amended Section 112 of CA 141 increasing the width of the reserved strip of twenty (20) meters to sixty (60) meters. ii. Quit claim where the Government has the right to acquire a 20 to 60 m width of the land acquired through CA 141. Only improvements will be compensated. i. Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except ii. for improvements at replacement cost. e. 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. f. Republic Act 6389 provides for disturbance compensation to agricultural lessees equivalent to 5 times the average gross harvest in the last 5 years. g. Article 1137, Civil Code Art. 1137. Ownership and other real rights over immovable also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. (1959a) the

provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription (1963). h. DPWH Department Order 65 s. 2016 as part of the continuing effort of DPWH to streamline its operations, decentralize and rationalize the ROW operations, Department Order no. 19, s. 2017, was reissued essentially delegating to regional directors the approval/signing of documents pertaining to infrastructure right-Of- way (row) for national projects including the approval for payments of claims and signing of checks. The DO also reiterates that the ROW functions are delegated, and a system of deploying ROW task forces UPMO-ROW activities and their approving authorities shall continue to be governed by Department Order (DO) No. 203, s. 2016, and Special Order (SO) No.1, s. 2017. This Order also supersedes D.O. 19 (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003) (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003), and all other department orders and policies, or portions thereof, contrary to or inconsistent with this Order are amended accordingly. i. DPWH Department Order (DO) No. 203 s. 2016 Creation of Unified Project Management Office Right of Way (UPMO-ROW) Task Force. Recognizing that implementation of urgent national roads, bridges and various flood control projects are hampered by the delay in the right of way acquisition a Task Force on UPMO- ROW and Technical Working Group (TWG) are created. The Task force will be headed by the Undersecretary for UPMO Operations, the Vice Chairman Director Legal Service and Technical Working Group members to be composed of ROW Task Force. The DO also defines the functions of the UPMO Task Force and TWG, processing and payment of valid claims, submission of documents, records keeping and signing authority. j. DPWH Special Order (SO) No.1 s.2017 In line with the issuance of DO No. 203 s. 2016, this Order re Composition of Unified Project Management Office ROW Task Force was issued. The UPMO ROW Task Force will be supported by a TWG to be represented by the representatives of the members of the Task Force. The Functions of the ROW Task force are (i) organize a technical working ROW Team for each UPMO cluster that will handle ROW acquisition of its projects, to be headed by its Project Manager assigned to the project (ii) monitor the row acquisition (iii) execute and recommend appropriate resolutions pertaining to ROW payment and (iv) review the validation of supporting undertaken by its TWG. k. DPWH Department Order No. 34 s. 2007 to streamline and standardize its operating procedures DPWH issued the department order was issued to simplify the guidelines for the validation and evaluation of Infrastructure right-of-way claims. The Guidelines is in line with the provisions of the DPWH IROW Procedural Manual adopted under Department Order No.5, s. 2003, as amended, particularly in the validation and evaluation of claims for IROW acquisitions. l. DPWH Department Order No.5 s. 2003 this order was issued to identify, acquire, and manage right-of-way (ROW) efficiently and in a timely manner for the implementation of infrastructure projects, an improved IROW process was adopted, among others, (i) it shall be applicable to all foreign-assisted and locally funded projects. (ii)The Implementing Office (I0) shall ensure that IROW costs are always included in project budgets. (iii) All ROW must be fully acquired and cleared before the issuance before the Notice of Award for the project. m. DPWH Department Order No. 130 Series of 2016 provides the guidelines for the Implementation of the Provisions of Republic Act No. 6685 and Republic Act 9710 or the Magna Carta of Women. The Implementing Rules and Regulations

mandates that contractors to hire a minimum percentage of 50% of unskilled and 30% skilled manpower requirement from the unemployed bona fide residents of the locality and shall be equally accessible to both women and men. n. NHA Memorandum Circular No.2427 s. 2012 as enabler and facilitator in the housing delivery process under RA7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementer with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management.

148. NHA Memorandum Circular No.2423 s. 2012 given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples to improve their living conditions and uplift their well-being through the provision of decent shelter. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP Community and NHA.

2. Indigenous People

149. The Indigenous Peoples’ Rights Act (IPRA) of 1997. IPRA sets conditions, requirements, and safeguards for plans, programs, and projects affecting IPs. The important provisions of IPRA are: a. Right to their ancestral domains. (Chapter III, Section 11); b. Right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will impact upon their ancestral domains; (Chapter III, Section 7b); c. Right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them; (Chapter IV, Section 16); d. Right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private; (Chapter III, Section 7b); e. Right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and indigenous cultural communities (ICC) concerned; (Chapter III, Section 7c); f. Right to be secure in the lands to which they have been resettled; (Chapter III, Section 7d); g. Right to determine and decide their own priorities for the lands they own, occupy, or use; (Chapter IV, Section 17);

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

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

3. Other Laws and Guidelines

151. Other laws that impinge on social safeguards are:

a. Republic Act 7279 is an act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes. The law also provides that local government units in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places as sidewalks, roads, parks, and playgrounds. The local government unit, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families. b. NHA Memorandum Circular No.2427 s. 2012 as enabler and facilitator in the housing delivery process under RA7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementer with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management. c. NHA Memorandum Circular No.2423 s. 2012 given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP Community and NHA. d. Republic Act 8972 or the Solo Parent’s Welfare Act provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs. e. Addressed in para 156and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes.

f. 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. g. Republic Act No. 9710 with Implementing Rules and Regulation is an act providing for the Magna Carta of Women. h. Republic Act 6685 (1988) Requires private contractors who are awarded national or local projects to hire at least fifty percent (50%) of the unskilled and at least thirty percent (30%) of the unskilled labor requirements from the available bona fide residents of the province, city or municipality where the projects are to be undertaken. i. 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 j. Republic Act 7432 (1992) An Act to maximize the contribution of Senior Citizens to nation building, grant benefits and special privileges and for other purposes provides the privileges for senior citizens such as grant of 20% discount from all establishments relative to the utilization of transportation services, hotels and similar lodging establishments, restaurants and recreation centers and purchase of medicine anywhere in the country. k. RA 9054 of 2001, or the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM), The Regional Government as devolved to local government units adopts measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions among its inhabitants in the spirit of unity in diversity and peaceful co-existence. It undertakes measures to protect the ancestral domain and the ancestral lands of indigenous cultural communities. The phrase "indigenous cultural community" refers to Filipino citizens residing in the Autonomous Region who are Tribal peoples as well as Bangsa Moro people regarded as indigenous on account of their descent from the populations that inhabited the country or a distinct geographical area at the time of conquest or colonization and who, irrespective of their legal status. l. DPWH Memorandum Circular No. 2423 or the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples (April 18, 2012). In recognition of RA 8371 or the Indigenous Peoples Rights Act of 1997, NHA has issued Circular 2423 to assist IPs improve their living conditions and uplift their well-being through provision of decent shelter. The projects under this program are implemented as LGU projects in coordination with NCIP and project development plans shall be jointly approved by the LGU, NHA and the IP community. NHA’s fund assistance for said program is considered as grant to (i) all municipalities (ii) 5th and 6th class cities and 5th and 6th class provinces to cover land development or housing construction and technical assistance.

B. ADB Policies

152. Involuntary Resettlement. According to ADB’s Safeguard Policy Statement (SPS), the objectives of the ADB safeguards policy are to avoid involuntary resettlement (IR) whenever possible; to minimize involuntary resettlement by exploring project and design alternatives; and to enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups.

153. The IR safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources,

or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether 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.

154. The absence of legal title to land cannot be considered an obstacle to compensation and rehabilitation privileges per ADB policy. All persons affected by the project, especially the poor, landless, and semi-landless persons shall be included in the compensation, resettlement, and rehabilitation package. APs and/or AHs, whichever is deemed applicable, who are unable to demonstrate a legalizable or recognizable claim to the land being acquired will be eligible for compensation with respect to non-land assets only, and not the land itself. They will however be provided with other benefits and allowances as provided to other APs.

155. The following ADB SPS principles on involuntary resettlement are stipulated and will also apply to the project:

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

e. 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. f. 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. g. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. h. 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. i. 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. j. 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. k. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. l. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

156. Indigenous Peoples. Under the ADB safeguards policy of 2009, the main objective with respect to IP is to design and implement projects in a way that fosters full respect for IP identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the IPs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. IP safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of IPs or affects the territories or natural or cultural resources that IPs own, use, occupy, or claim as an ancestral domain or asset.

157. ADB’s SPS for indigenous people’s requirements include: (i) consultation and participation; (ii) social impact assessment; (iii) indigenous peoples planning; (iv) information disclosure; (v) GRM; (vi) monitoring and reporting; and (vii) unanticipated impacts. These requirements are anchored upon the following safeguards policy principles for indigenous peoples: a. Screen early on to determine (i) whether Indigenous Peoples are present in, or have collective attachment to, the project area; and (ii) whether project impacts on Indigenous Peoples are likely.

b. Undertake a culturally appropriate and gender-sensitive social impact assessment or use similar methods to assess potential project impacts, both positive and adverse, on Indigenous Peoples. Give full consideration to options the affected Indigenous Peoples prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected Indigenous Peoples that are culturally appropriate and gender and inter-generationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on Indigenous Peoples. c. Undertake meaningful consultations with affected Indigenous Peoples communities and concerned Indigenous Peoples organizations to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected Indigenous Peoples communities in a culturally appropriate manner. To enhance Indigenous Peoples’ active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the Indigenous Peoples’ concerns. d. Ascertain the consent of affected Indigenous Peoples communities to the following project activities: (i) commercial development of the cultural resources and knowledge of Indigenous Peoples; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of Indigenous Peoples. For the purposes of policy application, the consent of affected Indigenous Peoples communities refers to a collective expression by the affected Indigenous Peoples communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities. e. Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected Indigenous Peoples communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared. f. Prepare an Indigenous Peoples plan (IPP) that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected Indigenous Peoples communities. The IPP includes a framework for continued consultation with the affected Indigenous Peoples communities during project implementation; specifies measures to ensure that Indigenous Peoples receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures. g. Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected Indigenous Peoples communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected Indigenous Peoples communities and other stakeholders.

h. Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands. i. Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, taking into account the baseline conditions and the results of IPP monitoring. j. Disclose monitoring reports. Participation of women and that their needs are explicitly addressed in the decision-making process for development activities. Other policies of the ADB that have bearing on resettlement planning and implementation are the Public Communications Policy (2011) and Accountability Mechanism (2012).

C. Gap Analysis and Project Principles

158. Under RA 8974, there are different modes of acquiring title to, and ownership of, private property particularly real estate property, as well as the modes of acquiring right to use private property for another purpose. RA 8974 specifies the following methods: Donation, Quit Claim, Exchange or Barter, Negotiated Sale or Purchase, Expropriation and any other modes of acquisition authorized by law. The law provides the different bases for land valuation. The Implementing Agency shall negotiate with the owner for the purchase of the property by offering first the current zonal value issued by the Bureau of Internal Revenue for the area where the private property is located. The law also states that valuation of the improvements and/or structures on the land to be acquired shall be based on the replacement cost which is defined as the amount necessary to replace the structure or improvement based on the current market prices for materials, e overhead, and all other attendant costs associated with the acquisition and installation in place of the affected improvements/ installation.

159. The first Land Acquisition, Resettlement and Rehabilitation (LARR) Policy was formulated in 1999 specifically for the World-Bank assisted First National Road Improvement and Management Program (NRIMP). Thereafter, the LARR Policy of 1999 was adopted, with some modifications in pursuance to prevailing laws and policies, by other financing institutions such as the Asian Development Bank (ADB) and the Japanese Bank International for Cooperation (JBIC) in their projects. A second edition of the LARR Policy was formulated in 2004 for projects under the ADB-funded Sixth Road Project.

160. The Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP; 2007 3rd Edition) Framework is based on RA 8974 and the Infrastructure Right-of- Way (IROW) Procedural Manual was extracted from the LARRIPP. To ensure uniformity of standards in Resettlement Planning, these contain the DPWH’s Indigenous Peoples Policy, based on the Indigenous Peoples’ Rights Act (IPRA) and NCIP Administrative Order No. 1, series of 2006 or the Free and Prior, Informed Consent Guidelines of 2012. LARRIPP provides guidance in preparing resettlement plans and safeguard instruments for Indigenous Peoples (IPs) affected by all types of infrastructure projects implemented by the DPWH, whether foreign or locally funded.

161. The LARRIPP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. It enumerates the entitlements and benefits that affected households should

rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It reiterates RA 8974 as to modes of acquiring title and valuation of assets. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIPP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan. The DPWH Social and Environmental Management Systems (SEMS) Policy Framework and Operations Manual is similarly anchored on LARRIPP.

162. Republic Act (RA) 10752 of 2016 provides clearer and simpler ROW acquisition guideline which benefits both the property owners/project-affected persons (APs) and Implementing Agencies (IAs). Section 4 of the Act explicitly states that the modes of acquiring real property are: (i) donation, (ii) negotiated sale, and (iii) expropriation. Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers which help promotes objective property valuation. The assumption by the IA of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government.

163. RA 10752 Annex A. #4 Standards and Specifications reiterates but provides more clarity to RA 8971 and the LARRIPP. In providing the services and delivering the desired outputs, the GFI/IPA shall observe the following standards and specification listed under Sec 7 of RA 10752: a. The classification and use of which the property is suited; This shall be based on, among other things, the latest approved land use plan and/or zoning ordinance, if any, of the city or municipality concerned. b. The development cost for improving the land; this shall be based on, among other things, the records and estimates of the City or Municipal Assessor concerned, GFI or IPA for similar or comparable lands. c. The value declared by the owners; this shall be based on the value shown in the owners’ latest Tax Declaration Certificates or Sworn Statements. d. The current selling price of similar lands in the vicinity; This shall be based on, among other things, the latest records on Deed of Sale for similar lands in the office e. of the Register of Deeds concerned. f. The reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of improvements thereon; this shall consider, among other things, the replacement cost of improvements at current market prices as provide in Sec 6.6 of the IRR. g. The size, shape or location, tax declaration and zonal valuation of the land; These shall be based on, among other things, the latest records on Deed of Sale in the Register of Deeds, tax declaration by the City or Municipal Assessor, zonal valuation of the BIR for comparable properties. h. The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and i. Such facts and events so as to enable the affected property owners to have sufficient funds to acquire similarly situated lands of approximate areas as those required from them by the government, and thereby rehabilitate themselves as early as possible.

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

165. Based on the key elements of SPS replacement cost and the specifications of valuation for land, structures, trees and crops under RA 10752 (Para 126), there was found to be no gap on replacement cost considerations for full compensation.

166. The policies of the Government to acquire land, improvements, crops and trees at replacement cost using current market value has significantly improved as compared to RA 8974. A gap-analysis and gap-filling measures have been prepared and shown in the table below.

Table 56: Assessment on Involuntary Resettlement Policy Gaps ADB Policy GOP Laws Gap Gap-Filling Measure

1. Pay Under RA 10752, APs Mode of payment/ The APs will be paid compensation and will be paid in two compensation for 100% compensation provide other installments for their affected assets/ prior to removal of resettlement affected properties. properties. assets and entitlements Initially, they will be properties. before physical or paid 50% of

economic compensation due for displacement. their affected lands The APs will not be Implement the and 70% of displaced until after resettlement plan compensation due for they have received under close structures and crops in full the supervision found on their affected compensation and throughout project lands. The balance in applicable

implementation. compensation for the allowances due to land and them. improvements will be paid to the APs only after the acquired lands have been cleared of all improvements (i.e., structures, trees, and crops). However, DPWH ESMS Section 9.4.1 states that "The APs will not be displaced until after they have received in full the compensation and applicable allowances due to them". Also, DPWH LARRIPP 2007 Chapter VIII, Monitoring and Evaluation, includes the question in the checklist for internal

ADB Policy GOP Laws Gap Gap-Filling Measure

monitoring of RAP implementation about the timely delivery of compensation and entitlements "Have AF's (affected families) received payment for affected structures and lands on time?"

Land donation is not Land donation will not GOP Laws and the within the scope of be applied. DPWH SES recognize the ADB SPS of land donation as a 2009. modality for land acquisition.

2. Severely B. Marginally-affected There is difference Marginally-affected affected APs: is The portion of in usage of the property to be severity. APs with Affected persons/ HHs: affected is only partial Productive Assets When the loss of or less than 20% of the the AP is equivalent total area and the example farmland to 10% or more of remaining portion of and income from its total productive the property or asset is other sources assets (e.g., still viable for continued (business/shop) will farmland, fish farm) use. be reclassified as and incomes from severely affected – other sources (e.g., However, if the losing 10% or more business/ shops), property to be affected of productive and/or when the AP is less than 20% but assets. losses its house the remaining portion is totally and must no longer viable for reorganize behind continued use will also the right-of-way or be reclassified as relocate elsewhere severely- affected.

PAPs without legal 3. Compensation PAPs without legal PAPs who do not rights to affected land for non-land assets. entitlement to affected have legally are potentially PAPs who have land will be eligible for recognized right to ineligible for neither formal legal compensation for the affected land but compensation for rights nor structures and non-land losses if who occupy the recognizable claims improvements with they occupy ROW, or project affected area to affected land they following criteria: are classified as prior to the cut-off occupied, are to be professional date are eligible for - Must be a Filipino compensated for the squatters or who own compensation for all citizen; loss of assets other real property losses, other than than land, and for - Must not own any elsewhere. land, at full other improvements real property or any replacement cost. to the land, at full other housing replacement cost, facility, whether in provided they an urban or rural “Squatting occupied the project area; syndicates” as

ADB Policy GOP Laws Gap Gap-Filling Measure area prior to the defined in section 3 - Must not be a project cut-off date. of RA 7279 and who professional are certified by squatter or a HUDCC and or member of a other Government squatting syndicate, Agency (PNR, LGU as defined in R.A among others) as No. 7279, otherwise such will not be known as the eligible for "Urban compensation or Development and assistance. housing Act of 1992"; (Section 5(b) of RA Presence in the 10752) “Squatting project affected area syndicates” as defined at cut-off date to be in section 3 of RA validated through 72795 will not be census and eligible for validated by the compensation or Local Inter-Agency assistance. Committee.

4. Eligibility for Socialized Housing: Restrictions on All relocating PAPs resettlement eligibility for will be eligible for: assistance. resettlement assistance for those - relocation allowance, Physically displaced Under Section 16 of RA persons will be who have previously including 7279, informal settlers: availed of socialized transportation provided with To qualify for the relocation assistance, housing or have real allowances socialized housing property elsewhere. transitional support program, a beneficiary: and development assistance. - Must be a Filipino AND one of the two citizen; following option: Improve the standards of living of - Must be an the displaced poor underprivileged and other vulnerable and homeless citizen (i) self-relocation, groups, including - Must not own any real (ii) on-site relocation, women, to at least property whether in (iii) relocation to national minimum the urban or rural project- sponsored standards and areas; and resettlement sites in provide them with Must not be a cooperation with key appropriate income professional squatter or actors – local sources and legal a member of squatting governments and and affordable syndicates. other entities as access to adequate mandated by law housing.

“Squatting syndicates” as defined in section 3 of RA 7279 and who are certified by

ADB Policy GOP Laws Gap Gap-Filling Measure

HUDCC as such will not be eligible for resettlement assistance.

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

Table 57: Assessment on Indigenous Peoples Policy Gaps

Gap ADB Policy GOP Laws Gap-Filling Measure

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

assessment and update the IPP or formulate a new IPP covering all applicable requirements specified in this document.

D. Social Safeguards Policy Principles for the Project

168. The Project shall, under the aegis of DPWH, uphold legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements as embodied in the RIPF. The resettlement and IP policy principles for the Project are thus as follows: a. Screen subproject components during early stages to identify involuntary resettlement impacts and risks as well as presence of IPs/ICCs and the likelihood of impacts on identified IPs/ICCs per project activity. These impacts and risks must be minimal. Appropriate social safeguards planning documents will be developed precisely and accurately as a result of a social assessment. b. Carry out culturally appropriate and gender-sensitive social assessment to assess potential impacts on APs particularly with IPs/ICCs living in the project areas, and concerned NGO organizations. Inform all APs including IPs/ICCs on potential restriction to access to natural resources because of the project and ensure their participation in the project cycle. c. Conduct meaningful consultations with affected APs/IPs/ICCs to solicit their participation across the project cycle to (a) avoid adverse impacts or - issues of access restriction will be avoided as much as possible - when avoidance is not possible, to minimize, mitigate, or compensate for such effects; (b) develop project benefits for affected Indigenous Peoples in a culturally appropriate manner; (c) provide culturally appropriate and gender inclusive capacity development; and (d) establish a culturally appropriate and gender inclusive GRM. d. In areas that affect ancestral domains, full consultation in order to generate consensus with IPs/ICCs will be upheld to safeguard areas with customary rights. These will be reflected in the social safeguards planning document with particular actions to protect or compensate IPs/ICCs. The absence of broad community support as manifested in the Certificate Precondition/Free and Prior Informed Consent/Certificate on Non- Overlap shall make the project component not eligible for the use of loan proceeds. e. Improve or at least restore the livelihood of the APs/IPs/ICCs through (a) land-based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; (c) prompt compensation at full replacement cost for lost assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible. f. APs/ IPs/ICCs shall be involved in resettlement and IPs/ICCs planning based on the social assessment, and social safeguards planning documents will include a framework for continued consultation with the IPs/ICCs during project implementation and cover all appropriate mitigation measures to improve, or at least restore, the livelihoods of all APs/IPs/ICCs, especially vulnerable groups so that the living standard of APs/IPs/ICCs do not become worse off compared to pre-project levels. Social safeguards planning documents should elaborate on culturally appropriate GRM, AP/IP/ICC entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs/IPs/ICCs with appropriate assistance. g. APs/IPs/ICCs without title or any recognizable legal rights to land are eligible for assistance and compensation for non-land assets at replacement cost. Particular

attention will be paid to women, women-headed households, and the elderly and other vulnerable persons. h. Eligible APs will be compensated and assisted as per the entitlement matrix set out in this framework. Voluntary donation will not be applied in the project. i. Disclose the draft social safeguards planning documents and its updates before subproject appraisal to the APs/IPs/ICCs and other stakeholders in an accessible place and a form and understandable language. j. Land acquisition, resettlement, and IPs/ICCs plans will be conceived of as part of the project and related costs will be included in and financed out of the project cost from the government counterpart. k. Civil works and/or restrictions to use of land resources will not commence unless APs/IPs/ICCs are fully compensated, and all other entitlements provided. l. Monitor implementation of the social safeguards planning documents; monitor and assess resettlement outcomes, their impacts on the standards of living of APs/IPs/ICCs, and also disclose the monitoring reports. m. Disclose monitoring reports as uploaded on to ADB and DPWH websites; and to the project sites specifically the affected communities/persons, in summary form. n. Should unanticipated involuntary resettlement and IP/ICC impacts be determined during project implementation, DPWH will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new one covering all applicable requirements specified in the RIPF.

VII. COMPENSATION AND OTHER ENTITLEMENTS

A. Affected Persons and Eligibilities

169. APs are those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, and resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, social and cultural networks and activities. Such impacts may be permanent or temporary. To sum up, APs are: a. Persons with formal legal rights to land and structures lost in its entirety or in part; b. Persons who have no formal legal rights to such land and/or structures wholly or in part but who have claims to such lands that are recognized or recognizable under national laws; and c. Persons who lost the land they occupy in entirety or in part who have neither legal rights nor recognized or recognizable claims to such land.

170. Specific to the project, the following types of APs are qualified: 1. Landowners and Land Users a. Legal owners (e.g., agricultural, residential, commercial and institutional) who have full title, tax declaration, or who are covered by customary law (e.g. possessory rights, usufruct, etc.) or other acceptable proof of ownership over the affected land. b. Users or occupants that have no land title or tax declaration over the affected land. c. Renters of the affected land. 2. APs with Structures a. Owners of structures who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.) b. Owners of structures, including shanty dwellers, who have no land title or tax declaration or other acceptable proof of ownership c. Renters 3. APs with Crops, Fruit Trees, and other Perennials a. Owners of affected crops, fruit trees and perennials who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.) b. Owners of affected crops, fruit trees and perennials who have no land title or tax declaration or other acceptable proof of ownership. 4. APs Affected by the Loss of Livelihood and Sources of Income a. Owners of registered or unregistered shops, regardless of land tenure status, whose business operation will be disrupted temporarily or permanently due to the project. b. Hired labor (e.g., farm worker, house help, and store helper) who will lose their job temporarily or permanently due to the project.

171. In this Project, the cut-off date of eligibility for project entitlements is 29 August 2018 the starting date of the census of APs and the IOL of APs’ land and/or non-land assets for PR09a. Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

B. Compensation and Entitlements

172. 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 groups11. Per this RIPF, DPWH will offer to the property owner concerned, as compensation price, the sum of: (i) replacement cost of land based on the current market value of land, free of taxes12 (ii) the replacement cost of structures and improvements and (iii) the current market value of crops and trees. Replacement Cost refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices.

173. As stated in Section 6.1b of the IRR of RA 10752, the Replacement Cost of a structure or improvement affected by the ROW shall be based on the current market prices of materials, equipment, labour, contractors profit and overhead, and all other attendant costs associated with the acquisition and installation of a similar asset in place of the affected asset. The Replacement Cost of the structure may vary from the market value of the existing structure since the structure that would actually replace it may have a different cost at current market prices. The replacement structure has to perform the same functions and meet the performance of specifications as original structure.

174. To determine the appropriate price offer for the acquisition of ROW through negotiated sale, DPWH will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by:(1) the Bangko Sentral ng Pilipinas (BSP) or (2)a professional association of appraisers recognized by BSP. The mobilization details for such service is provided in Appendix 9.

175. Entitlements and compensation are determined according to the nature of the impacts. A range of entitlements is provided in Table 59.

Table 58: Compensation and Entitlement Matrix Impact/ No Loss Application Entitled Person Entitlement Category A. LAND LOSS 1 Classified Severely AP with Title, • Cash compensation for loss of as affected land at full replacement cost Agricultural (2 lots) computed at current market value, (10% or more of free of taxes, including capital the total gains tax (CGT), documentary landholding lost stamps tax (DST), transfer tax, (3 HHs) or where less and registration fees, except Real than 10% lost but Property Tax (RPT) arrears the remaining • If feasible, land for land will be landholding provided in terms of a new parcel becomes of land of equivalent productivity, economically at a location acceptable to APs unviable) • Holders of Certificates of Land (2 HHs) Ownership Award (CLOA) granted under the

11 Vulnerable groups include children under 5, undernourished children, pregnant women, old and disabled persons, landless and informal settlers whose combined household income falls below the poverty threshold, indigenous peoples, those with income below the poverty threshold, and households headed by women. 12 free of taxes, including capital gains tax, documentary stamps tax, transfer tax, and registration fees, except Real Property Tax (RPT) arrears.

Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost) or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except for improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking.

• Rehabilitation assistance in the form of skills training equivalent to the amount of Php15,000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity. • Option to have entire lot acquired if remaining portion is economically unviable. 3 Marginally AP with Title, • Cash compensation for loss of affected land at full replacement cost (2 lots) computed at current market value, (Less than 10% of free of taxes, including capital the total gains tax (CGT), documentary landholding lost stamps tax (DST), transfer tax, and the remaining and registration fees, except Real landholding is Property Tax (RPT) arrears economically • If feasible, land for land will be viable) provided in terms of a new parcel of land of equivalent productivity,

(1 HHs) at a location acceptable to APs • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost) or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except for improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking. B. MAIN STRUCTURES 9 Residential Entirely affected AP with Title or with structure or tax declaration and (10 HHs) • Cash compensation at Commercial other proof of replacement value without ownership of land depreciation or deduction for (e.g. upon which the salvageable materials. commercial structure is built. establishme nt, shop, (10 main structures • Entitlements for resettlement fixed store) including 7 assistance (if physically residential and 3 (10 HHs) displaced) and income restoration residential-cum- assistance, described in the commercial entitlement matrix below. structures)

C. OTHER STRUCTURES AND IMPROVEMENTS 13 Loss of Entirely or partially AP with or • Cash compensation for the other without Titles, tax affected other structures or

structures affected declaration, etc. improvements at replacement (e.g. cost. (5 HHs) (5 structures) fences, • Cash allowance for repairs if wells, deemed partially affected.13 external bathrooms, etc. that are not attached to main structure) and other improvemen ts (5 HHs)

• Cash compensation for the affected other structures or Community Structure owner 14 structures (3 improvements at replacement cost. HHs) (3 owners) • Cash allowance for repairs if deemed partially affected14

D. CROPS, TREES AND PERNNIALS AP with or Loss of Crops (4 without Titles, tax • Cash compensation for crops, declaration, etc. HHs) trees trees, and perennials at current 15 and (226 trees and market value as prescribed by perennials 308m2 crops the concerned LGUs, DA, and (4 HHs) DENR.

E. OTHER ENTITLEMENTS For Severely Land owner, • Livelihood rehabilitation Agricultur affected Agricultural assistance (skills training and al (2 HHs) tenants/settlers/ other development activities) 10% or more of and lessee with title, will be provided in the total commerci tax declaration coordination with other landholding/ al and and other proof of government agencies, if the productive including ownership or in present means of livelihood is asset lost or commerci compliance with severely affected or no longer where less than al RA 10752 viable and the PAF will have 10% lost but the establish to engage in a new income 16 remaining land ment (3 activity holding or HHs) (2 farming commercial establishment livelihood and 3 becomes businesses) economically unviable, or the commercial structure is no longer viable.

13 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures 14 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures and reconnection of utilities.

• Income loss allowance commensurate with actual incomes loss, up to a maximum of P15,000. • If severely affected (loss 10% and above of the total area of the commercial structure or where less than 10% loss but the remaining portion becomes economically unviable), Livelihood rehabilitation assistance For Severely or (skills training and other APs with affected commercial marginally development activities) will 19 businesses (3 / business affected be provided in coordination businesses) with other government (3 HHs) agencies, if the present means of livelihood is no longer viable and the PAF will have to engage in a new income activity. • Transportation allowance. If relocating to another location, transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business. • APs that need relocation and new construction For (10 main residential Entirely affected 20 structures • Inconvenience Allowance in the structure (10 HHs) including 7 amount of ₱10,000.00 (10 HHs) residential and 3 residential-cum- commercial structures) F. RELOCATION Families APs/Informal Loss of displaced who Settlers • Transportation Allowance to 21 residentia opt to relocate Families (ISFs) move household belongings to l structure (0 HHs) who are new site relocating • Livelihood rehabilitation assistance

176. Payment of compensation. Both spouses heading affected households will jointly invited when the compensation is disbursed.

177. Compensation for land. The compensation offer will be at current market value at the time of taking. DPWH will pay, for the account of the AP, the capital gains tax, documentary stamp tax, transfer tax, and registration fee. The owner will pay any unpaid real

property tax. Other modes of compensation will be explored when feasible, such as land swap for a new parcel of land of equivalent market value at a location acceptable to the AP and compliant with zoning laws, or a plot of equivalent value, whichever is larger, in a nearby relocation site with adequate physical and social infrastructure. When the affected landholding has higher value than the relocation plot, cash compensation will cover the difference in value.

178. Holders of Certificates of Land Award (CLOA) granted under Comprehensive Agrarian Reform Act will be compensated at current market value at the time of land acquisition. In case of lands granted through Commonwealth Act No141, otherwise known as "The Public Land Act", the Project will: a. Follow modes of acquisition enumerated in RA10752, if the land owner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; or b. Follow the provisions under CA No. 141, as amended, regarding the acquisition of ROW on patent lands is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title.

179. Compensation for structures and other improvements. Compensation for structure at replacement cost, defined as cost necessary to replace the affected structure or improvement with a similar asset based on current market. The following applies in compensation for other improvements on the affected land: (i) Cash compensation at replacement cost for the affected structures belonging to the government or nongovernment agencies or the community; and (ii) Cash compensation to cover the cost of reconnecting damaged facilities, such as water, power and telephone lines.

180. Compensation for crops, fruit trees, and perennials. The following applies in compensation for affected crops, fruit trees, and perennials: (i) Cash compensation for perennials at current market value; (ii)APs will be given sufficient time to harvest crops on the subject land; (iii) Compensation for damaged crops (e.g., rice and corn) at current -market value at the time of taking (compensation will be based on the cost of production perhectarepro-ratatotheaffectedarea);and(iv)Cashcompensationforfruittreeswillbe based on current market value.

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

VIII. RELOCATION STRATEGY

182. Overview of Relocating Households. There are 10 households (45 persons) whose houses and houses-cum-shops will be fully affected. They do not own the affected land upon which their houses are built. Based on DPWH validation, all AHs own alternative land. All of these have opted to move back outside the ROW on unaffected residual land that they are permitted to use (such as land owned by a family member). There are no AHs with affected houses and houses-cum-shops that are landless and need to relocate to a project resettlement site. A summary of relocation arrangements for households with severely affected houses and houses- cum-shops is presented below.

Table 59: Categories of AHs with Fully Affected Houses and houses-cum-shops AHs with severely affected Relocate to Municipality/ Move Self- houses and Resettlement Barangay Back Relocate houses-cum- Site shops Alicia 4 0 4 0 Dawa-Dawa 4 0 4 0 Mabuhay 6 0 6 0 Poblacion 6 0 6 0 TOTAL 10 0 10 0

183. Were landless AHs to have identified, they would have been able to avail of an available relocation site that will be prepared for the relocation needs of affected persons along PR09. The identified relocation site measuring 15,000m2 is situated in Sitio Hula-hula, Barangay Población, Mabuhay. Based on a barangay resolution, the land will be awarded to the APs eligible for resettlement site plots. (See Appendix 10: A Resolution Awarding 150 square meters of lot per affected residence for the construction of PR09a).

184. Affected households who are reconstructing their houses on residual land outside the ROW will each receive an inconvenience allowance of Php 10,000 in addition to the compensation for their affected houses. They will use their compensation to reconstruct their replacement houses before being displaced from their existing houses.

IX. LIVELIHOOD RESTORATION

A. Objectives and Description of Beneficiaries

185. This LRP presents planned income restoration and livelihood development measures based on needs assessment of the households eligible for livelihood restoration assistance under the RIPP.

186. The objective of the livelihood restoration program is to restore the livelihoods and income earning capacity of those whose productive resources have been severely affected by the project and provide an opportunity for vulnerable affected households to improve their living standards.

187. As part of the RIPP entitlement provisions, people eligible to participate in the LRP are those whose livelihoods or productive resources are severely affected, those whose living standards are otherwise significantly disrupted by being required to physically relocate, or who are classified as especially vulnerable wherein the RIPP aims to improve their living standards.15

188. There are 12 AHs who are eligible to participate in the LRP including 10 relocatees (7 house owners and 3 house-cum-shops), 2 severely affected farming households, and 2 vulnerable AHs. relocating and losing a small store or being vulnerable.) Please refer to the table in the following section for details of eligible AHs by type and location.

189. As PR09a is located along PR09, the livelihood restoration program will be implemented together with the livelihood restoration activities for PR09 which has a larger number of participants.

B. Livelihood Restoration Strategy and Activities

190. The overall strategy of the LRP is to stabilize the livelihood activities and sources of sustenance of the affected persons by focusing on diversified activities to bring immediate income such that they will be able to produce for their basic needs and long-term livelihood management capacity.

191. The specific activities of the LRP are: (i) provide funds and appropriate technique for the affected persons whose remaining lands are still viable to implement agricultural extension models (ii) organize training courses which are suitable to APs’ capacity; provide supplementary trainings, consultations, allowance and other supports to participants attending the courses; and (iii) provide technical advice and pilot models on small business/services and other training courses, study tours on efficient economic enterprises.

192. A Livelihood Restoration Program (LRP) Survey was simultaneously carried out with Resettlement Survey on 10 October 2019. The LRP Survey was undertaken essentially to solicit the AH’s intentions for livelihood restoration – especially if AHs would re-establish what they would lose (e.g. set up again their shop or buy replacement farming land) or do something new. The AHs were told that the Project is in the process of preparing a livelihood restoration program. The main goal of the face to face interview was to know their intentions and preferences and asses their needs so that the project can prepare a meaningful program.

193. A total of 7 AHs (58%) were interviewed out of 12 LRP eligible AHs with multiple instances of impacts. However, 42% AHs were not interviewed due to unavailability of the AHs during the conduct of LRP Survey. (Appendix 11: List of LRP eligible AHs). The tables below shows the summary of LRP participants.

Table 60: LRP Beneficiaries Not Affected Households Interviewed Municipality/ Total Interviewed Barangay Business Total AHs Relocatees Farmers Vulnerables Total % Total % owners Instances Dawa-Dawa, 4 1 2 0 7 6 3 25 3 25 Alicia Poblacion, 6 2 0 2 10 6 4 33 2 17 Mabuhay Total 10 3 2 2 17 12 7 58 5 42

194. The LRP will for PR09a will be implemented in tandem with the LRP for PR09 that includes approximately 400 LRP-eligible households in the municipalities of Alicia and Mabuhay. Accordingly, the LRP for PR 09a offers the same programs and activities that are offered under the LRP for PR09.

C. Preferences of Affected Households

1. Relocatees

195. Two-thirds of those rebuilding their houses (4 AHs) said they would still derive their income/livelihood income from the same source even after relocation while one-third said they are not yet decided.

Table 61: Planned Income Source after Relocation Same livelihood that I currently do (my Municipality/ Barangay livelihood is not Not yet decided Total affected by the project) Dawa-Dawa, Alicia 1 2 3 Poblacion, Mabuhay 3 0 3 Total 4 2 6 % 67% 33% 100% *based on six (6) interviewed AHs (relocatees)

196. Of those four AHs, only one AH was interested in undertaking vocational training for themselves or spouse, while four AH said they are not interested and another one was not yet decided.

Table 62: Interest in Vocational Training Yes – for Municipality/ Not Not myself (or Total Barangay interested decided spouse) Dawa-Dawa, Alicia 1 1 1 3 Poblacion, Mabuhay 0 3 0 3 Total 1 4 1 6 % 17% 67% 17% 100% *based on six (6) interviewed AHs (relocatees)

2. Business owners

197. Both of those with affected business/shop said they will rebuild the same business/shop together when they rebuild their houses. One is located in Dawa-Dawa, Alicia and the other in Poblacion, Mabuhay.

3. Farmers

198. There are two farmers who own severely affected farming land that is still viable and are not considered vulnerable. The farm lot owners are eligible for LRP.

199. Rehabilitation assistance in the form of training equivalent to Php 15,000.00 will be provided to them.

4. Vulnerable AHs

200. The main sources of income for 2 AHs who are vulnerable are small business (1 AH) and assistance from extended family (1 AH). Neither of the households were able to confirm what their intentions were for livelihood restoration or improvement when surveyed.

Table 63: Main Source of Income Assistance Municipality/ Small from Total Barangay business extended family Dawa-Dawa, Alicia 0 0 0 Poblacion, Mabuhay 1 1 2 Total 1 1 2 % 50% 50% 100% *based on two (2) interviewed vulnerable AHs

201. Entrepreneurial/vocational skills training. Three of five households who responded to the survey question regarding vocational or entrepreneurial training reported that they were interested in training for either themselves or a family member. Another two responded that they were not interested in training and another two declined to answer. Given that the livelihood restoration program for PR09a will be implemented together with those affected by PR09, these

households, including those not interviewed, may firm their decisions or change their minds as the program is being implemented.

Table 64: Entrepreneurial/vocational Skills Training Interested in Interested in Not interested in entrepreneurial/ entrepreneurial/ entrepreneurial/ vocational skills training vocational skills training for vocational skills Municipality/ for myself family member training Total Barangay Entrepreneurial/ Entrepreneurial/ vocational skills to Sub- vocational skills to Sub- Don't Sub- help me improve total help me improve my total need total my business business Dawa-Dawa, 1 1 1 1 0 0 2 Alicia Poblacion, 1 1 0 0 2 2 3 Mabuhay Total 2 2 1 1 2 2 5 % 40% 40% 20% 20% 40% 40% 100% *based on four (4) interviewed AHs with multiple impacts

D. Available Programs and Support in the Project Area

202. The livelihood restoration and improvement activities for PR09a will be conducted together with those for participating households from PR09 which comprises a much larger number of livelihood improvement program participants. A large number of existing livelihood programs in Alicia, and Mabuhay are provided by national agencies such as Department of Social Welfare and Development (DSWD), Office of the Presidential Adviser on the Peace Process (OPPAP); Department of Labor and Employment (DOLE), Technical Education and Skills Development Authority (TESDA), Department of Trade and Industry (DTI), Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).

203. The Municipality of Alicia has also a long list of skills and livelihood projects implemented since 2017, namely: banana production, duck layer(tiki) project, rice and corn mill, mangrove nursery, fiberglass boat, food processing, tilapia inland production carabao cattle dispersal, rubber production, swine raising, livestock production, rice, corn and vegetable seeds, small water impounding project, virgin coconut oil and coco rope making, crab fattening, mangrove rehabilitation, electrical training, talaba (oyster) production, cacao production, and housekeeping, to name a few (See Table 70).

Table 65: Skills and Livelihood Training (Municipality of Alicia) No. of Year Type of Skills/ Livelihood Training Funded by Participants 2016 Latex Processing Cum Production DA 80 2017 Financial Literacy Training DA 100 BFAR- 2017 Fund Management and Simple Bookkeeping Workshop 40 BUB 2017 Food Processing NC II DSWD 194 2017 Motorcycle/Small Engine Servicing NC II DSWD 220 2017 Housekeeping NC-II DSWD 30

2017 Masonry NC-II with Steelworks and Carpentry DSWD 55 2017 Electrical Installation and Maintenance NC-II DSWD 95 Process Food by Salting, Curing, Smoking, 2017 DSWD 75 Fermentation & Pickling Basic Skills for Cooking and Techniques for Food 2017 DSWD 95 Preparation 2017 Seaweeds Production DSWD 90 2017 Seaweeds Farming and Trading DSWD 51 2017 Buy and Sell of Agricultural Supply DSWD 57 2017 Mini Grocery Store DSWD 49 2017 Grocery Item Dealer DSWD 30 2017 Buy and Sell of Dried Seaweeds, Copra and Rice DSWD 50 2018 Basic Plumbing Works DSWD 65 2018 Basic Techniques on Tiles Installation DSWD 65 2018 Welding (SMAW) NC-II DSWD 30 2018 Driving NC-II with Automotive DSWD 30 2018 Balloon Arts LGU 50 2018 Table Skirting LGU 50 2019 Livestock & Poultry Para technician Training PROVIT 30 2019 Rice Production Technology ATI 35 Source: PESO, MA, MSWDO, Municipality of Alicia

204. In the case of the Municipality of Mabuhay, the list of skills and livelihood projects implemented since 2015, include seaweeds production tilapia production, coral reefs, Aron fishing, capture fishing, fish coral (bused); fishing through the use of stationary bag net; coconut production, cacao and coffee production, greening program, high value crops production; livestock production; forage production (feeds for ruminant, small and large animals) (See Table 71).

Table 66: List of Skills Training/Project and Livelihood Programs in Mabuhay No. of Training/ Fishery Interventions Location Duration Participants/ Farmers Población, Ligaya, Catipan, Seaweeds Production 2015- Present 250 Caliran, Abunda Fishpond (Tilapia) Población 2015- Present 5 Población, Ligaya, Catipan, Magroove (Greening Program) 2015-Present 250 Caliran, Abunda Coral Reefs Población 2015-Present 10 Arong Fishing Población 2019 5 Población, Gaya, Catepan, Capture Fishing 2015-Present 20 Caliban, Abanda, Padawan Padawan, Ligeia, Catepan, Fish Coral (Bunsod) 2015-Present 30 Caliran, Abunda FISHING (Use of Stationary Bag Ligaya, Catipan, Caliran, Abunda 2015-Present 20 Net)

COCONUT PRODUCTION Población, Kauswagan, ligaya, (To include PCA seedlings & 2017-Present 10 Catipan trees) Cacao & Coffee Malinao, Ligaya, Población 2017-Present 5 Banana Production Ligaya, Kauswagan, Catepan 2015-Present 10 GREENING PROGRAM Población, Kashagan, Ligeia, 2015-Present 200 (Trees planted along the road) Catipan, Malina Kauswagan, Catipan, Ligaya, Rice Field 2015-Present 12 Población Source: Municipal Agriculturist, Municipality of Mabuhay, Zamboanga Sibugay

205. The Department of Social Welfare and Development (DSWD) is also implementing the Sustainable Livelihood Program (SLP), a community-based capacity building program that aims to improve the socio-economic conditions of poor Filipinos by facilitating opportunities for development and management of resources viable for micro-enterprises and employment facilitation.

206. Several skills training funded and implemented under DSWD SLP from 2017-19 in Alicia, Mabuhay, Olutanga and Talusan, include: Egg and balot production, rice and corn trading, swine production, agar-agar (seaweed) farming, crab fattening, motorcycle parts supply/washing and vulcanizing service, motorcycle parts supply/washing and vulcanizing services and small ruminants (goat) productions, among others The complete list of SLP projects carried out in Alicia and Malangas, together with the rest of municipalities for the province of Zamboanga Sibugay is shown in Appendix 12: DSWD SLP LGU Skills and Livelihood Training.

E. Description of LRP Program Activities

207. The key focus of the LRP will be to provide training to the APs in their preferred areas to support their livelihood development objectives. As outlined above, these include entrepreneurial skills and small business management, agricultural extension for preferred areas of farm practices, and vocational training in specified skill areas. The training will be provided free of charge. The main service providers are LGU, DA, TESDA and a service provider for entrepreneurial development to be engaged by DPWH.

208. The project will generate employment opportunities, especially for unskilled labour. Philippine Government regulations require that contractors implementing national projects locally source 50% of unskilled labour and 30% of semiskilled labour. The LGU and Project supervision consultant will coordinate with APs and contractors to ensure that APs can take full advantage of these opportunities.

209. Other necessary tasks required to effectively implement the LRP activities include: a. Creation of database of interested eligible households to reflect qualifications, job experience, skills and desired occupation. b. Close coordination and establish linkages with the project contractors and consultants to recruit local laborers, especially the affected households, on a priority basis. c. Establish and maintain linkages with training institutions for training of the affected household members to qualify for desired job positions. d. Technical Advice and Pilot Models on Small Business/Service

210. There are households who wish to venture into small business or services. These included shops to sell their own products, groceries or service stalls (e.g., barber’s shop). DPWH

will secure agreement from the vocational school(s) to provide technical advice, conduct specific trainings on entrepreneurship and carry out some pilot models on small business/services. Households will also be made aware of what to look into such as the right products, market situation, competition, amount of investments and potential profit, and risks involved.

F. LRP Management and Implementation

211. In order to bring the most effective results for those above-mentioned diversified activities, below is the organizational structure.

212. DPWH has the overall responsibility for the implementation of the LRP. Specific to LRP activities, its roles are: to provide timely funds for conducting the agreed LRP activities; closely collaborate with local authorities, service providers (such as training institutions and DARD extension) during LRP implementation; and prepare semi-annual monitoring reports to be submitted to ADB. DPWH, with support from the Project Supervision Consultant, will maintain a database of eligible APs including new addresses of those who relocate. The database will be used to track AP participation in the LRP and for follow up meetings and contact.

213. LGU. The municipal LGU has an existing employment service office to provide information on vocational training and employment opportunities. The LGU will lead consultations with APs on available programs, provide counselling on livelihood options, and refer APs to training institutions and programs. The LGU will also monitor the participation of APs in the LRP vocational training activities and report periodically to DPWH.

214. Project Supervision Consultants. The social safeguards specialist of the PSC will work closely with the DPWH and LGU to provide guidance and support on the LRP implementation. He/she will support DPWH in internal monitoring and review as well as tracking LRP participation of individual eligible HHs.

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

Table 67: LRP Activities and Responsible Group Activity Responsible Creation of database of interested eligible households to reflect qualifications, job Project Supervision Consultant experience, skills and desired occupation. Close coordination and establish linkages with the project contractors and consultants to recruit LGU, Project Supervision Consultant local laborers, especially the affected households, on a priority basis.

Establish and maintain linkages with training institutions for training of the affected household LGU, Project Supervision Consultant members to qualify for desired job positions.

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

216. There are households who wish to venture into small business or services. It can either be shops to sell their own products, groceries or service stalls (e.g., barber’s shop). DPWH will

secure agreement from the vocational school(s) to provide technical advice, conduct specific trainings on entrepreneurship and carry out some pilot models on small business/services. Households will also be made aware of what to look into such as the right products, market situation, competition, amount of investments and potential profit, and risks involved.

G. LRP Cost Estimates

217. The investment cost for the income restoration programs will be provided by DPWH directly to the concerned MRIC. LRP assistance shall be in the form of skills training and other development activities with the value of up to PhP15,000 per AHs. Estimated cost to implement the initial LRP is about PhP198,000 (USD3,920) for the 12AHs (including APs who were not surveyed) requiring LRP assistance.

Table 68: Cost Estimates for Livelihood Restoration Program Total amount (PhP) No. Activity Unit Quantity Unit Price PhP USD A. Vocational Training Courses Automotive, cooking, driving, etc. trainee 1 15,000 15,000 297 B. Others Other trainings/courses (include APs who were not surveyed or who trainee 11 15,000 165,00 3,267 had not decided at time of survey)*

TOTAL 12 180,000 3,564 Contingency budget of 10% 18,000 356 GRAND TOTAL 198,000 3,920 *including APs who were unavailable when the survey was administered.

H. LRP Implementation Schedule

218. The LRP will be implemented for a period of 2 years. The households have been identified and the list of households may change depending on the final commitment of households to participate. The schedule proposed below is designed for one production cycle to be implemented within 1 year. Evaluation of the pilot activities will be carried out on the 12th month and will again carry out another cycle of planning for the 2nd year depending on the success and limitation of the LRP. The TA Loan Consultants and Loan Supervision Consultants will assist in the continuous implementation of the LRP and will provide back-stop support as and when necessary. Table 69: LRP Implementation Schedule Year I (2020) Activities month month month 1 2 3 4 5 6 7 8 9 10 11 12 I. Preparation A. DPWH and LGU sign MOUs with national agencies, vocational schools, training institutions, farmer associations among others, on implementation of the LRP activities X B. Consultation with the APs to re-identify the number of trainees X

C. Workshop to start up the LRP, start training on implementing the LRP activities X D. Technical training on agricultural/animal husbandry activities X X X X X II. LRP Implementation A. Vocational training and job creating a.1 Send APs to vocational school, provide consultation on trainings, job creating, monitoring and evaluation X a.2 Job announcement and bulletin boards X X X a.3 Create linkages, sign MOUs with local businesses to introduce trained people X X X B. Small business models, experience sharing b.1 Organize course of "Start your own business" X X b.2 Conduct small business/service models X X X X X C. Agricultural pilot models c.1 Conduct pilot models X X X X X c.2 Study tours to visit successful production models X c.3 Workshop for lessons learnt, dissemination of results

I. Monitoring and Evaluation

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

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

221. External Monitoring. A qualified NGO as an external monitoring agency (EMA) will be hired by DPWH to monitor and evaluate the effectiveness of the LRP. This agency will develop a set of evaluation indicators for this purpose. The EMA’s monitoring reports will provide DPWH a time-bound action plan which will cover identification of problems, issues and recommended solutions, so that DPWH and the LRP Team are informed about the ongoing situation and can improve or resolve problems in timely manner. One year after the end of LRP implementation, a

post project evaluation will be conducted to determine if the APs had successfully restored their livelihood/income to at least their pre-project socio-economic conditions.

84 X. RIPP BUDGET

222. The budget for RIPP Implementation of PR09a subproject is PhP 4,690,807 (approx. USD 92,880) and is part of government counterpart. The budget items cover (i) compensation for loss of land, structures, trees, crops and other entitlements (ii) livelihood restoration program (iii) relocation and resettlement; transitional allowance; (iv) administrative cost; (v) external monitoring; and (vi) contingencies.

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

224. The budget for RIPP implementation was updated based on DPWH validation for loss of land, structures, crops and trees for PR09a (Appendix 13: Entitlement Matrix for land, structures, crops and trees within 20 meter ROW limit).

225. The table below shows the details of the budget to implement this RIPP.

Table 70: Budget Estimates for RIPP Implementation

Kind of affected assets Unit Total Unit Price Amount (PhP) Amount (USD)

1. Land (3 HHs) 1.1 Agricultural m² 11,122 73,099 1,447 Subtotal 73,099 1,447 2. Structures (14 HHs) 2.1 1-Purely Residential # 7 608,914 12,057 2.2 2-Residential Commercial # 3 1,419,934 28,115 2.3 Chapel/Church # 1 274,302 5,431 2.4 Cooking/Laundry Area/Septic/Toilet # 2 50,474 999 2.5 Deep well/Faucet/Pump/Water tank # 1 20,450 405 2.6 Directory/Landmark # 3 11,358 225 2.7 Dryer/Flooring/Pathway # 1 104,195 2,063 2.8 Storage/Stock house/Warehouse # 3 79,940 1,583 2,569,568 50,879 3. Trees & Crops 3.1 Trees (4 HHs) # 226 92,572 1,833 3.2 Crops (4HHs) m² 308 25,828 511 Subtotal 118,400 2,344 4. Other Entitlements 4.1 Inconvenience allowance hh 10 10,000 100,000 1,980 Subtotal 100,000 1,980 5. Other Assistance 5.1 Capital Gains Tax (6%) 4,386 87 5.2 Documentary Stamp Tax (1.5%) 1,096 22

5.3 Transfer Tax (75% of 1% of the Selling Price) 548 11 5.4 Cost of Registration (PhP40,000/transaction) 160,000 3,168 5.5 Notarization Cost (PhP100/transaction) 2,300 46 Subtotal 168,331 3,333 6. Livelihood Restoration Program Skills Training and Development 6.1 hh 12 15,000 180,000 3,564 Activities Subtotal 180,000 3,564 7. Relocation and Resettlement 7.1 To be determined by DPWH & LGU and covered under regular budgets Subtotal - - RIPP Administrative Costs (5% of Direct Costs: 1-7) 160,470 3,177 External Monitoring (Php1,000,000 per SP) 1,000,000 19,800 Cost contingencies (10% of Direct Costs: 1-7) 320,940 6,355 TOTAL 4,690,807 92,880

86 XI. INSTITUTIONAL ARRANGEMENT

A. Current DPWH Capacities on Social Safeguards

226. Effective resettlement depends on the capacity and commitment of the agencies responsible for resettlement planning and management. In the past few years, DPWH has improved its management processes, however, the capacity across all levels need to be further strengthened. ADB will continue to assess the adequacy institutional capacity of DPWH, including NCIP at the National, Regional and Local levels and provide technical assistance to address the issue of institutional development and capacity building by financing the conduct of IR/IP management training seminars and workshops.

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

1. National Level

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

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

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

231. Environmental and Social Services Division, DPWH the ESSD shall provide technical guidance and support in the implementation and monitoring of the social safeguards document/plan. They are tasked to: a. carry out overall preparation and planning of the RIPP; b. submit social safeguards document/plan budget plans (to include compensation, relocation costs, operations) for approval and allocation of needed resources by the DPWH central office; c. in accordance with the Department's resettlement policies, guide the District Engineering Offices and the Regional Offices in their tasks, such as the verification of APs, final inventory of affected assets, consultation, and information dissemination;

d. amend or complement the RIPP in case problems or potential problems are identified during the internal and/or external monitoring of its implementation; e. in collaboration with its counterpart in the Region, work closely with the DPWH RO on the processing of compensation claims of APs; f. in collaboration with UPMO, monitor the progress of compensation payment to APs and other resettlement-related activities stated in the RIPP; and; g. In collaboration with its regional counterpart, prepare quarterly monitoring reports on social safeguards document/plan implementation for submission to the UPMO and ADB. h. For uploading the RIPP, the DEO with assistance of the RIC shall conduct inventory of loss and socio-economic surveys validation for submission the UPMO and ADB. i. Provide RIPP orientation to DPWH RO and DEO Team and RIC to strengthen the social, legal, and technical capabilities of these resettlement implementing entities. j. Assist the RIC in community awareness raising activities for the RIPP implementation.

2. Site Level

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

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

3. Interagency Coordination

234. Resettlement Implementation Committee. It shall be composed of representatives from the RO and DEO, the City/Municipal, the NCIP provincial and/or regional office, affected barangays, and APs with separate representation for IP/ICC communities affected by the project. Selection of these ICC/IP representatives shall follow the procedures of the NCIP. Its functions are: a. Assist the DPWH staff engaged in resettlement activities in (a) validating the list of APs; (b) validating the assets of the APs that will be affected by the project (using a prepared compensation form); and (c) monitoring and implementing the RIPP; b. Assist the DPWH and NCIP staff in identifying who among the APs are IPs or belong to ICCs. c. Assist the DPWH and staff engaged in the RIPP activities in the public information campaign, public participation and consultation. d. Assist DPWH in the payment of compensation to APs; e. Receive complaints and grievances from APs and other stakeholders and act accordingly; f. Maintain a record of all public meetings, complaints, and actions taken to address complaints and grievances; and g. In coordination with concerned government authorities, assist in the enforcement of laws/ordinances regarding encroachment into the project site or RRoW.

235. The Municipal RIC shall be formed through a Memorandum of Understanding (MOU) between DPWH, the concerned local government unit, with the NCIP Provincial or Regional Office (Appendix 14: MOUs and Pertinent Documents).

236. National Commission on Indigenous Peoples (NCIP). The NCIP is the primary government agency through which ICCs/lPs can seek government assistance. The IPRA vests upon the NCIP the power to issue certificate of ancestral land/domain title (CALT/CADT) (IPRA, Section 44e). It has the power to issue appropriate certification as a pre-condition to the grant of permit, lease, grant or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/lPs concerned.

237. NCIP AO No. 3 S. 2012 vests upon the NCIP Regional Office the responsibility to receive applications for the issuance of Certification Precondition. It is responsible for the conduct of the FBI and overseeing the process for obtaining the FPIC from the affected IPs/lCCs. The NCIP also validates expressions of voluntary initiation or solicitation for certain projects made by IP communities.

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

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

B. Capacity Building

240. Over recent years, DPWH has improved its management processes. However, the capacity across all levels need to be further strengthened. DPWH as the EA will retain adequate staff with relevant qualifications and experience to be able to adequately implement the RIPP.

The capacity of DPWH to implement the RIPP will be strengthened by the Project Supervision Consultant (PSC) whose team includes international and national social safeguards specialists. The PSC will provide capacity building training to DPWH and LGUs to enable them to effectively implement the RIPPs. Upon mobilization, the PSC will work with DPWH to develop a capacity building training program for social safeguards, select appropriate personnel for training, arrange logistics for training and present training. The training will be designed to cover all aspects of social safeguards from planning to implementation and will address general compliance with ADB SPS as well as more detailed aspects related to implementation, grievance redress, monitoring and reporting.

XII. IMPLEMENTATION SCHEDULE OF THE RIPP

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

Table 71: RIPP Implementation Schedule 2020 2021 2022 2023 Peri

Respo

od nsible

Activity (Dur

Mar Jun Mar Jun Mar Jun Mar

Dec Dec Dec

Sep Sep Sep

2018 2019

------

Agenc -

- - -

- - atio -

Jul Jul Jul

Apr Oct Jan Apr Oct Jan Apr Oct Jan n) Jan

I. Project Implementation 36 Contra - Start of Construction Mon ctor ths II. Preparation of RIPP Implementation - RIPP Field Survey 8 DPWH (Parcellary, IOL, SES, Mon (KEI) DMS) ths 1 - Finalization of RIPP DPWH Mon th 1 - Review of RIPP ADB Mon th III. RIPP Implementing Institution 1 DPWH, - Formation of MRIC Wee LGU k

- Coordination of sending 1 LGUs, MRIC members DPWH, Wee regarding resettlement LGU k scope and schedule

- Set up and Operation of 1 DPWH, Grievance Redress Wee LGU Mechanism k IV. Land Acquisition DPWH 1 - Appraisal of Affected (IPA- mon Properties KEI) th - Validation of RIPP 5 survey (land, structures, DPWH Mon trees and crops) ths 1 - Notice of Taking DPWH mon Issuance th

2 - Issuance of Offer Letter DPWH mon ths - Payments of 2 Compensation and other DPWH mon assistance ths 1 - Clearance of ROW by Mon PAPs th V. Relocation 1 - Arrangement between LGU Wee the LGUs and PAPs k 2 - Relocation Site LGU mon Identification ths - Provision of rental 1 Subsidy if the housing is DPWH Wee not ready k

- Payment of 1 Compensation and other DPWH Wee forms of assistance k

Preparation of individual resettlement plots – clearing, levelling, drainage Provision of water services Connection of electricity

PAPs construct houses

PAPs move in to houses

VI. Provision of Social Program DPWH, 1 - Formation of Committee LGU, Wee on Livelihood TESDA k /DOLE DPWH, - Coordination and MOA 1 LGU, with relevant agencies on Wee TESDA provision of Livelihood k /DOLE

DPWH, - Implementation of 1 LGU, Livelihood Restoration Mon TESDA Program th /DOLE DPWH, 6 - Monitoring of Livelihood LGU, Mon Restoration Program TESDA ths /DOLE V. Monitoring of RIPP Implementation - Set up Monitoring

Agents 1 - Internal Monitoring ESSD Wee k 1 - External Monitoring EMA Wee k

XIII. MONITORING AND EVALUATION

A. Monitoring Arrangement

242. As this project is category A for involuntary resettlement, there will be two types of monitoring for this project: internal and external monitoring. In as much as this social safeguard plan is a combined IR-IP document, monitoring of IP safeguards will be subsumed in both internal and external monitoring. The UPMO in coordination with the ESSD shall set schedules for the required monitoring types considering the projects implementing schedule. It is expected that one month prior to the start of the civil works, RIPP activities have been determined by the independent monitoring agent (IMA) and external monitoring agent (EMA) as having been concluded. Key points for monitoring are provided, though not limited to these: a. Payment of compensation to all APs/IPs in various categories, according to the compensation policy described in the RIPP; b. Delivery of livelihood restoration and social support entitlements; c. Public information dissemination and consultation procedures; d. Adherence to grievance procedures and outstanding issues requiring management’s attention; e. Priority of APs/IPs regarding the options offered; and f. The benefits provided from the project.

1. Internal Monitoring

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

244. Internal monitoring objectives are: a. Compensation and/or other entitlements are provided as per approved RIPP, with no discrimination per gender, vulnerability, or any other factors; b. 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; c. Public information, public consultation and grievance redress procedures are followed as described in the agreed RIPP; d. Capacity of APs/IPs to restore/re-establish livelihoods and living standards in the new relocation sites. Special attention given to severely affected and vulnerable households. Focus will also be given to assess and if the objective of improving socio- economic condition of vulnerable households is achieved. e. Affected public facilities and infrastructure are restored promptly; and f. 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.

245. The tasks of the IMA are to:

a. Regularly supervise and monitor the implementation of the RIPP, in coordination with the concerned DEO, RO, and the RIC. The findings will be documented in the quarterly report to be submitted to the UPMO, which in turn will submit the report to the bank. b. Coordinate with the NCIP regarding the monitoring and evaluation of the situation of affected IP communities, whether inside or outside ancestral domains. c. Verify if the re-inventory baseline information of all APs has been carried out and the valuation of assets lost or damaged, the provision of compensation and other entitlements, and relocation, if any, has been carried out in accordance with the RIPF and the RIPP. d. Ensure that the social safeguards documents for those affected IPs living outside ancestral domains are implemented as designed and planned. e. Verify that funds for implementing the RIPP are provided by the UPMO in a timely manner and in amounts sufficient for the purpose. f. Record all grievances and their resolution and ensure that complaints are dealt with promptly. g. With the relevant branch of the NCIP and the RIC, monitor the implementation of RIPP covering affected IP communities living outside ancestral domains.

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

Table 72: Suggested Internal Monitoring Indicators Monitoring Suggested indicators parameters Resettlement • Consultations organized as scheduled including meetings, groups, and community activities. • Knowledge of entitlements by the APs/IPs. Consultation and • Use of the grievance redress mechanism by the APs/IPs. Grievances • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Implementation of special measures for customary communities. • Number of general meetings for APs/IPs. • Number of meetings exclusively with IPs. • Percentage of women out of total participants. • Number of meetings exclusively with women/IP women. Communications • Number of meetings exclusively with vulnerable groups. and Participation • Number of meetings between hosts and the APs/IPs. • Level of participation in meetings APs/IPs. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages. • Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix. • Disbursements against timelines. Delivery of • Identification of APs/IPs losing land temporarily, e.g. through soil disposal, Entitlements 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. • Social safeguards staff appointed and mobilized on schedule for field and office work. • Capacity building and training activities completed on schedule. • Achieving resettlement and customary community implementation activities Budget and Time against the agreed implementation plan. Frame • Funds allocation for resettlement-to-resettlement agencies on time. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the social safeguards documents/plans. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation. • Number of APs/IPs under the rehabilitation programs. • Number of APs/IPs who received vocational training. • Types of training and number of participants in each program. • Number of APs/IPs who have restored their income and livelihood patterns. • Number of new employment activities. • Extent of participation in rehabilitation programs. Livelihood • Extent of participation in vocational training programs. Restoration • Degree of satisfaction with support received for livelihood programs. • Percentage of successful enterprises breaking even. • Percentage of APs/IPs who improved their income. • Percentage of APs/IPs who improved their standard of living. • Number of households with agricultural equipment • Number of households with livestock • Progress of income restoration implementation • Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation. • Noticeable changes in income and expenditure patterns compared to the pre-project situation. Benefit Monitoring • Changes in cost of living compared to the pre-project situation. • Changes in key social and cultural parameters relating to living standards. • Changes occurred on customary communities and other vulnerable groups benefiting from the project. • Progress of resettlement implementation IP/ICC • The numbers of IPs/ICCs by category of impact, gender, age, village, income, and status Demographic • Number of female headed households baseline • Number of vulnerable households (poor, elderly, disabled) • Number of households by IP/ICC group • Number of births and deaths

• Number of consultation and participation activities that occur - meetings, information dissemination, brochures; flyers, training • Percentage of IP women as participants; number of meetings exclusively with IP women • Percentage of vulnerable members of IPs/ICCs / attending meetings; Consultation and number of meetings exclusively with vulnerable IPs/ICCs participation • Languages used at meetings • Good faith negotiations—recording of process, participants, locations, correspondence • Broad community support—record of processes, participants, locations and agreement obtained • Consultation and participation progress against plan and budget • Progress of implementation of mitigation / beneficial measures against plan Number of activities that occur/completed—such as construction, livelihood Mitigation restoration, disbursements, training measures • Percentage progress against timelines and budget • Identify and address any unanticipated impacts and impacts caused by the contractor during construction. • Total number of members of IPs/ICCs using the grievance redress procedure • Number of distinct IPs/ICCs - any of these with significantly more grievances • How many times has a household submitted the same grievance Grievance redress • Number of grievances resolved • Length of time taken to be resolved • Types of grievance categories and prevalence • Grievance cases logged in each level of project GRM • Identified delays - (days, cost) due to personnel, capacity, insufficient Implementation funds, etc problems • Number of times implementation schedule revised

2. External Monitoring

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

248. The tasks of the EMA are the following: a. Verify results of internal monitoring; b. Coordinate with the NCIP regarding the monitoring and evaluation of the situation of affected IP communities, whether inside or outside ancestral domains as covered in pertinent social safeguards documents/plans; c. Verify and assess the results of the information campaign for APs rights and entitlements, including the consultation with affected IPs living outside ancestral domain; d. Verify that the compensation process has been carried out with the procedures communicated with the APs and affected IPs during the consultations; e. Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced;

f. Assess efficiency, effectiveness, impact and sustainability of RIPP implementation drawing lessons as a guide to future resettlement and indigenous people’s policy making and planning; g. Ascertain whether the RIPP entitlements were appropriate to meet the objectives, and whether the objectives were suited to AP and to IP conditions; h. Suggest modification in the implementation procedures of the RIPP if necessary, to achieve the principles and objectives of the RIPF; i. Review on how compensation rates were evaluated; and j. Review of the handling of compliance and grievances cases.

249. The services of the EMA will be procured through selection process of DPWH. Relative to compliance monitoring during resettlement implementation, the main activities of external monitoring will revolve around the following: a. Verify ongoing internal monitoring information; b. Verify whether the overall project and resettlement objectives are being met in accordance with the RIPP, and if not, suggest corrective measures; c. Assess the extent to which implementation of the social safeguards document/plan complies with ADB's SPS; d. Identify problems or potential problems; e. Identify methods of responding immediately to mitigate problems and advise the DPWH accordingly; and; f. Verify if the livelihoods and the standard of living of APs, including those displaced persons with no legal titles, are restored or improved.

250. External monitoring will be conducted on a semi-annual basis. Semi-Annual reports will be submitted simultaneously to UPMO and ADB. Strategic lessons for future policy formulation and planning will also be drawn from the monitoring and evaluation of resettlement. This is possible through a Post-RIPP Implementation Evaluation Study that will be carried out 6-12 months following completion of all resettlement activities.

251. The EMA shall submit to UPMO and ADB a "Social Safeguard Compliance Report" following completion of resettlement activities per subproject or specific sections of the subproject road. This will allow ADB to review and issue a no objection letter (NOL) to commence construction activities following review of social safeguard compliance report.

252. The suggested external monitoring indicators are shown in the table below.

Table 73: External Monitoring

Monitoring Indicators Basis for Indicators

1. Basic information of • Location AP/IP households • Composition and structures, ages, education and skill levels • Gender of household head • Ethnic affiliation • Access to health, education, utilities and other social services • Housing type • Land use and other resource ownership patterns • Occupation and employment patterns • Income sources and levels • Agricultural production data (for rural households)

• Participation in neighborhood or community groups • Access to cultural sites and events • Value of all assets forming entitlements and resettlement entitlements 2. Restoration of living • Were house compensation payments made free of depreciation, fees standards or transfer costs to the APs/IPs? • Have APs/IPs adopted the housing options developed? • Have perceptions of "community" been established? • Have APs/IPs achieved replacement of key social cultural elements? 3. Restoration of • Were compensation payments free of deduction for depreciation, fees Livelihoods or transfer costs to the APs/IPs? • Were compensation payments sufficient to replace lost assets? • Was sufficient replacement land available of suitable standard? • Did transfer and relocation payments cover these costs? • Did income substitution allow for re-establishment of enterprises and production? • Have enterprises affected received sufficient assistance to re- establish themselves? • Have vulnerable groups been provided income-earning opportunities? Are these effective and sustainable? • Do jobs provided restore pre-project income levels and living standards? 4. Levels of • How much do APs/IPs know about resettlement procedures and Satisfaction entitlements? • Do APs/IPs know their entitlements? • Do they know if these have been met? • How do APs/IPs assess the extent to which their own living standards and livelihood been restored? • How much do APs/IPs know about grievance procedures and conflict resolution procedures? How satisfied are those who have used said mechanisms? 5. Effectiveness of • Were the APs/IPs and their assets correctly enumerated? Resettlement • Were any land speculators assisted? Planning • Was the time frame and budget sufficient to meet objectives? • Were entitlements too generous? • Were vulnerable groups identified and assisted? • How did resettlement implementers deal with unforeseen problems? 6. Other impacts • Were there unintended environmental impacts? • Were there unintended impacts on employment or incomes?

253. Post Completion Evaluation. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities. For the post resettlement evaluation, the EMA will: a. Carry-out a survey of affected households to compare with the baseline survey data to assess if income of affected households and other living conditions have been restored as pre-project. The survey will cover at least 20% of severely affected households, 100% of affected poor, landless and female headed households, as well as at least 10% of all other affected households. The database will disaggregate information by gender, vulnerability, and ethnicity. b. Conduct Participatory Rapid Appraisal (PRA), which will involve obtaining information identifying remaining/outstanding problems and finding specific time-bound solutions through participatory means including: a) key informant interviews including representatives of civil society, community groups, NGOs and NCIP; b) focus group

discussions (FGDs) on specific topics such as outstanding issued related to compensation payment, income restoration and relocation; c) direct field observations, for example, completion of resettlement site development; d) formal and informal interviews with affected households, women, ethnic minorities, and other vulnerable groups to conclude on the remaining and outstanding issues. c. Discuss with the EA and IA on the completion of land acquisition and resettlement as well as the remaining/outstanding issues and commitments on actions, timeframe, resources and reporting of EA and IA to completely resolve the remaining/outstanding issues (if any).

B. Reporting and Disclosure

254. For internal monitoring, DPWH will provide details on RIPP implementation status, in their regular project progress reports to ADB at least quarterly. Such information will include numbers of HHs provided compensation and assistance, status of resettlement site completion, numbers of HHs relocated to resettlement sites, and status of LRP implementation, report on grievances and complaints, issues and problems encountered during the reporting period and steps taken to address them.

255. DPWH will generate the data for a full and consolidated semi-annual monitoring report (SMR) to be submitted to ADB. Semi-annual monitoring reports are subject to review by ADB and posted on the ADB and project websites for disclosure purposes (Appendix 15: Draft Template of SMR Report). RIPP implementation status provided in the regular quarterly progress reports will also be uploaded on the ADB website for disclosure.

256. DPWH through its implementing units shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RIPP including its updated versions, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the AHs/IPs and posted at a location commonly agreed with AHs/IPs and village leaders.

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

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APPENDICES

Appendix 16: Memorandum of PR09a Parcellary Survey Plan based on 20m RROW Appendix 17: Affected Household by Loss Type Appendix 18: Tables of Sample Survey Results Appendix 19: Report on First Consultation Meetings Conducted at Preparation of draft RIPP Appendix 20: Report on Second Consultation Meetings Conducted at Preparation of draft RIPP Appendix 21: Minutes of Validation and Disclosure Activity Appendix 22: FPIC Process Appendix 7. 2: Minutes of Inter-agency Meeting Appendix 7. 2: Creation of FBI Re: CP/CNO Application of DPWH Appendix 7. 3: Work and Financial Plan for the conduct of FBI Appendix 7. 4: Copy of CP for PR09a Appendix 23: Copy of PIB in local language Appendix 24: Letter pertaining to Mobilization of Independent Property Appraiser Appendix 25: A Resolution Awarding 150 square meters of lot per affected residence for the construction of PR09a Appendix 26: List of LRP Eligible AHs Appendix 27: DSWD SLP LGU Skills and Livelihood Training Appendix 28: Entitlement Matrix for Affected Structures, Improvements, Lots, Crops and Trees within 20 meters ROW limit Appendix 29: MOU and Pertinent Documents Appendix 30: Draft Template of Semi-annual Monitoring Report

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