Southern Philippines Irrigation Sector Project

Resettlement Planning Document

Resettlement Plan for the Gibong Left Bank National Irrigation System Final Project Number: 27245 November 2006

PHI: Southern Philippines Irrigation Sector Project

Prepared by: National Irrigation Administration; PRIMEX

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Republic of the Philippines NATIONAL IRRIGATION ADMINISTRATION (Pambansang Pangasiwaan ng Patubig)

Southern Philippines Irrigation Sector Project (SPISP) (ADB Loan No. 1668-PHI)

LLAANNDD AACCQQUUIISSIITTIIOONN

AND

RESETTLEMENT PLAN

GIBONG LEFT BANK NATIONAL IRRIGATION SYSTEM

NOVEMBER 2006

SOUTHERN PHILIPPINES IRRIGATION SECTOR PROJECT

LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) FOR THE GIBONG LEFT BANK NATIONAL IRRIGATION SYSTEM

TABLE OF CONTENTS

Page List of Figures iii List of Tables iv List of Annexes v List of Acronyms vi Executive Summary viii

1. Introduction 1 1.1 Background of the Project 1 1.2 Objectives of the LARP 2 1.3 General Project Description 5 1.4 Service Area

2. Impacts Base-Line Information and Socio-Economic Survey 6 2.1 Impacts to Assets and People 6 2.2 Impact Mitigating Measure 7 2.3 Socio-Economic Survey 9

3. Detailed Compensation and Rehabilitation Strategy 11

3.1 Equity Conversion Aspect of the LARP Compensation Process for Ben PAPs 11 3.2 Compensation for the Donation by NB PAPs 12 3.3 Process of ROW Acquisition 12 3.4 Process of ROW Negotiation 16 3.5 Process of PAPs Identification & Valuation of Affected Properties 17 3.6 Establishment of FMV 18

4. Legal Background & Compensation Rehabilitation Policy 22 4.1 Legal Background 22 4.2 Eligibility to Compensation & Rehabilitation 25 4.3 Entitlements 25 4.4 Donation 27 4.5 Cut-off date 27

i 5. Organizational Framework 28 5.1 Institutional Arrangement 28

6. Complaints & Grievance Redress Mechanism 32 6.1 Complaints & Grievance Procedure 32 6.2 Redress Procedure 32

7. Public Participation & Disclosure 33 7.1 Consultation & Participation 33 7.2 Gender Equity & Woman Participation 36 7.3 Disclosure 36

8. LARP Implementation Process 37 8.1 Pre-Condition to Civil Works Implementation 37 8.2 Schedules 37 8.2.1 Pre-construction Phase 37 8.2.2 Construction Phase 37 8.2.3 Post Construction Phase 38

9. Supervision & Monitoring 40 9.1 Internal Monitoring 40 9.2 External Monitoring 40

10. LARP Cost & Budget 41 10.1 Budget Requirement 41 10.2 Flow of Funds 42

REFERENCES 43

ii LIST OF FIGURES

Figure 1.1 - Location Map of the GLBNIS

Figure 1.2 - Layout map of GLB

Figure 2.1 - Educational Attainment of Sample PAPs

Figure 2.2 - Monthly Income of Sample PAPs

Figure 3.1 - Engineering Drawings of Left Main Canal, Lateral A and Lateral C Canal

Figure 3.2 - Process of ROW Acquisition

Figure 3.3 - Process of Inventory, Valuation and Payment of Cash Compensation for Affected Crops and Tree.

Figure 5.1 - Organizational Framework of Gibong Left Bank LARP Implementation

iii LIST OF TABLES

Table 2.1 - Summary of Service Area & ROW Requirement by Type of PAPs

Table 2.2 - Summary of PAPs,Total Landholding, and ROW Area by Location

Table 3.1 - Summary of ROW Requirement and Compensation Agreement by Beneficiary PAPs

Table 3.2 - Comparative Results of Property Valuation of Land and Crops/Trees

Table 3.3 - Summary of ROW Affected Land and Damages on Crops and Trees with its value and Means of Settlement

Table 4.1 - Entitlement Matrix

Table 4.2 - Actual Entitlement of PAPs in the Service Area.

Table 7.1 - List of Consultations and Meetings Conducted with the PAP/Fs

Table 8.1 - Land Acquisition and Resettlement Plan and Schedule

Table 9.1 - Indicators for Internal Monitoring

Table 10.1 - Budget for GLBNIS LARP Implementation

iv LIST OF ANNEXES

Annex A - List of Individual PAPs, their Total Landholding and ROW Requirement

Annex B - Summary of Socio Economic Survey Data of Gibong Left Bank NIS

Annex C - Sample of Accomplished SES Forms

Annex D - Sample Deed of Assignment

Annex E - Sample Deed of Donation

Annex F - Detailed Losses of Individual PAPs, Assessed value of Losses and Means of Settlement and Compensation

Annex G - Copy of BIR Zonal Valuation

Annex H - SP Ordinance No. 30,Series of 2001- An ordinance approving the Schedule of Base Market Values for the Different Classes of Real Property in the Province of Agusan del Sur Effective year 2002

Annex I - Minutes of Consultation/Disclosure Meeting

Annex J - Copy of Recent Transaction (Affidavit of Sale/ Confirmation of Sale)

Annex K - Sample Orientation Material

Annex L - Photo-documentation of Leftbank LARP Activities

v LIST OF ACRONYMS

ADB - Asian Development Bank AP - Affected People Ben PAP - Beneficiary PAP CAG - Community Action Group CENRO - Community Environment and Natural Resources Officer CIP/S - Communal Irrigation Project/ System CPMO - Central Project Management Office DA - Department of Agriculture DAR - Department of Agrarian Reform DECS - Department of Education, Culture and Sports DENR - Department of Environment and Natural Resources DOH - Department of Health EA - Executing Agency EIA - Environment Impact Assessment ECC - Environmental Compliance Certificate ESM - Environmental and Social Measure ES - Environmental Staff EO - Executive Order FIA - Federation Irrigation Association FMV - Fair Market Value FS - Feasibility Studies IA - Irrigation Association IDO - Irrigation Development Officer LARP - Land Acquisition and Resettlement Plan LGU - Local Government Unit MARO - Municipal Agrarian Reform Officer MCM - Million Cubic Meters MMT - Multipartite Monitoring Team MOA - Memorandum of Agreement MOU - Memorandum of Understanding MSWDO - Municipal Social Welfare and Development Office NBPAPs - Non-Beneficiary PAPs NIA - National Irrigation Administration NIP/S - National Irrigation Project/ System NPC - National Power Corporation NGO - Non-governmental Organizations NSO - National Statistics Office PAP - Project Affected Person PAF - Project Affected Families PAC - Provincial Appraisal Committee PDD - Project Development Department PIMT - Participatory Irrigation Management and Transfer PIO - Provincial Irrigation Office PMES - Participatory Monitoring and Evaluation System PNP - Philippine National Police PRA - Participatory Rural Appraisal PO - People’s Organization PSC - Project Steering Committee PVC - Property Valuation Committee

vi RA - Republic Act RPPF - Resettlement Policy and Program Framework ROW - Right-of-Way ROWNC - Right-of-Way Negotiating Committee RSS - Rural Sociology Specialist SPISP - Southern Philippines Irrigation Sector Project SPMO - Sub-Project Management Office SRIP/S - Small Reservoir Irrigation Project/ System TGI - Target Group Identification TL/IMS - Team Leader/Irrigation Management Specialist TSAG - Turnout Service Area Group

vii Executive Summary

The Gibong Left Bank National Irrigation System (GLBNIS) one of the two sub-projects of the SPISP being developed for the existing Gibong National Irrigation System located in Agusan del Sur in the CARAGA Region. It will irrigate a total area of about 1,077.49 has. supporting about 708 farming households. The project aims to improve the reliability of their food supply and raise the level of their income, which for many is below the poverty level. This sub-project covers both the development of new areas and the extension of irrigation services to additional land area in the existing irrigation subsystem1. The existing facilities of Left Bank that currently irrigated 436.99 has. (existing) of the service area will be rehabilitated. Those areas are covered by the two (2) Irrigators Association namely: Katagbawan and Oplaku. Moreover, additional facilities will be constructed to provide irrigation services to another 640.50 has. (extension area) which is presently rainfed rice land and undeveloped lands where 3 IAs have been organized (Laludata, Nedabasi, and Grasya) in preparation to system construction.

The areas covered by Gibong LBNIS are located in two municipalities of the Province of Agusan del Sur, namely Prosperidad and San Francisco, both approximately 70 km south of Butuan City, the commercial and political center of CARAGA Region. The areas covered in the proposed extension are located within Bgy. Las Navas, La Caridad, and Salvacion, of the municipality of Prosperidad and Brgy. Tagapua, Pisaan and Ladgadan of the municipality of San Francisco, Agusan del Sur while the existing service areas are located within barangays of the Municipality of Prosperidad (Bgys. Poblacion, Salvacion, Las Navas, and La Caridad).

Right of Way (ROW) for irrigation is the acquisition of land area by means of donation, compensation and permit to enter for the development of irrigation facilities of SPISP subprojects. It covers the product of total gross width (auxiliary embankment, canal width and access road) and length of the canal to be constructed or rehabilitated. The width of canal was based on the canal design in the general plan and profile. The ROW may result to loss of properties such as agricultural land, residential land, building, structure, crops/trees and communal resources in the farms. This may also result to a displacement of household. The Resettlement Program Policy Framework (RPPF) for SPISP NIA-PGAN approved by the ADB served as the guide in the development of this LARP including addressing land acquisition problems.

Approximately 18.08482 has. will have to be acquired as Right of Way (ROW) for the facilities that will be constructed. Around 10.5083 has. for the existing area and 7.5765 has. for the extension area all are identified to be Alienable and Disposal lands. All lands for both existing and extension areas are subject of ROW acquisition for the rehabilitation and construction of new irrigation facilities because the lands from existing areas were originally acquired but no compensation and documentation had been taken place. Dislocation and displacement will take mainly the form of permanent loss of a portion of agricultural land for

1 During the period 1970-1989, under the ADB-assisted Second Agusan Irrigation Project, the Gibong National Irrigation Project was one of those implemented. The system was designed to cover a potential service area of 5,200 ha; but due to budget limitation only 2,353 ha (1,918 ha on the right bank and 435 ha on the left) was pursued. The GLBNIS covers the rehabilitation of the currently 1,386 ha irrigated area and expansion to cover 535 rainfed and undeveloped land within the existing service area and the development of adjacent (675 ha) undeveloped lands on the right bank as extension area.

viii farming and the loss of standing crops and trees on said lots. The acquisition of the ROW in the existing area was already discussed during the Project Steering Committee (PSC) meeting in September 2004, provided that a Deed of Assignment (DOA) for IA in the form of cost sharing will be executed by the beneficiaries PAPS. As beneficiary farmers are required to provide 25 percent equity to the project, compensation for the ROW acquisition shall be treated as part of the payment for member equity to the project. The non- beneficiary PAPS on the other hand will be compensated with the cash value of their affected lands and properties or if they decide to donate such to the IA equity, execute a Deed of Donation (DOD) and a waiver. Otherwise, land, crops, trees and improvements that will be affected will be compensated based on the fair market value.

A total of 108 Project Affected Persons (PAPs) have been identified in the Gibong LBNIS. The ROW acquisition in the existing and extension areas will directly benefit 103 farm households, while 5 are non-beneficiary PAPs located in the existing area.

Impact of the ROW acquisition on affected families was assessed and mitigating measures incorporated as part of the Land Acquisition and Resettlement Plan (LARP) of the GLBNIS. A socio-economic survey and inventory of asset and properties was conducted last July 2004 to January 2005 in the existing area and April-May 2005 in the extension area. The results of which will served as benchmark for determining the impact of the Project on the PAPs and the basis for formulating mitigating measures as needed to be incorporated in the LARP for this subproject. The GLBNIS LARP was prepared on the basis of the requirement of ADB and NIA as stipulated in the NIA-SPISP/PGAN Resettlement Policy and Program Framework. A separate LARP for the Gibong Right Bank has been prepared.

The PAPs indicated that the major portion of their annual household income is derived from the cultivation of land; about 12% indicated that it is derived from off-farm activities. ROW acquisition in the expansion and extension areas is only about 2% and 1 % respectively and does not exceed 20 percent of the total landholding of the individual affected farmers. The agreed Fair Market Value (FMV) of the affected land is P21/m2 and will be adopted for the Gibong Left Bank. The expected loss of income from the portion of land acquired for ROW was estimated at P 849,374.46 which is 2 percent of the average annual income of the total area. Such loss is assessed to be minimal considering that the benefit to be derived from the irrigation services will more than offset the said loss. Thus, negative impact on the quality of life and standard of living of the PAPs is expected to be minimal.

But in order to mitigate further adverse impact, all construction activities are be coordinated and synchronized with the beneficiaries and affected farmers to ensure the harvest of crops and recovery of other useful products before the construction activities. ROW negotiation and equity conversion should have been undertaken before the start of civil works and construction activities.

In the irrigation service area, beneficiary farmers are required to provide as part of their project equity the value of land acquired for ROW with the land value based on the fair market value. If the value of the ROW acquired from a particular beneficiary farmer exceeds that of his required equity contribution, whatever difference or excess is treated as advance payment to his dues on future Irrigation Service Fee (ISF).

Standing crops and trees in the affected lots of 11 PAPs in the extension areas were also inventoried and assessed. There were options given in the manner of compensation for the crops and trees; either as cash compensation and/or as part of the equity payment, or as

ix advance payment on future Irrigation Service Fee (ISF). All Beneficiary PAPs converted the value of their crops and trees into equity.

The GLBNIS Land Acquisition and Resettlement Plan (LARP) will require approximately PHP 7,427,000.00 for the implementation of its various components including the conduct of consultation, information campaign, transaction cost payment and monitoring. NIA- SPISP essentially provides technical support and ensures the wide dissemination of information and conduct of consultation meetings with the PAPs, representatives of the municipal and provincial governments, and other interested parties. Efforts and resources likewise shall be provided by the project to ensure that other interventions to uplift the living standard and quality of life of the PAPs are undertaken.

x 1.0 INTRODUCTION

1.1 Background of the Project

1. This Report provides the Asian Development Bank (ADB) and the Central Project Management Office (CPMO) of the Southern Philippines Irrigation Sector Project (SPISP) of the National Irrigation Administration (NIA) with the Land Acquisition and Resettlement Plan (LARP) for Project Affected Persons (PAPs) of the Gibong Left Bank (RB) National Irrigation System (NIS).

2. This LARP includes the following elements: (i) the needs and concerns of the PAPs in the service area whose land will be acquired for the development of irrigation facilities and access roads; (ii) compensation strategies to mitigate negative impact with minimum or no cost implication to the PAPs; (iii) organizational/institutional framework for the LARP implementation; (iv) strategies on the negotiation for land acquisition; and (v) policies and procedures as derived from the SPISP-NIA and PGAN Resettlement Policy and Program Framework (RPPF) that will provide the basis for the compensation and equity generation of farmers (beneficiary or non-beneficiary) (vi) guidance provided by various Bank and Government policies, laws and regulation.

1.2 Objectives of the LARP

3. The LARP aims to accomplish the following:

a. Present a strategy to achieve the objectives of the NIA-SPISP/PGAN Resettlement Policy and Program Framework;

b. Provide a plan for implementation of the stated strategies to ensure timely acquisition of ROW acquisition, payment of compensation and delivery of other benefits to project affected persons;

c. Ensure that the Plan enables the PAPs to improve and/or maintain their income level living standard from pre-project level;

d. Pursue the program for public consultation and information campaign;

e. Estimate resources required to implement the recommended interventions; and

f. Provide a plan for monitoring and supervision of LARP implementation.

4. Following the NIA-SPISP/PGAN RPPF and the ADB guidelines on resettlement the Gibong LBLNIS requires a short resettlement plan given the scope of the resettlement issues encountered. If an individual subproject affects less than two hundred (200) PAPs, a short LARP is required. Of the 108 PAPs in GLBNIS, only 55 are actually going to experience actual loss of land, the rest (53 PAPs) have already provided the ROW land during the original construction of the system in mid ‘70s, thus no actual land acquisition will be involved. Of those who will experience actual loss, no relocation and transfer of household is involved. While the acquisition could result into possible loss of a portion of agricultural lands, and loss of land improvements (thus, the potential loss of income derived therein), the potential benefit to be derived from the irrigation services provided by the subproject will more than offset the projected loss.

1 Moreover, land acquisition will generally be minimized and compensated through a scheme of crediting the market value of the lost land as their equity payment (for beneficiary PAPs) and ensuring that physical takeover of ROW land is undertaken after the settlement had been agreed at. For non-beneficiaries (5 PAPs), cash payments will be provided. Other rehabilitation measures will be instituted.

1.3 General Project Description

5. The Gibong Left Bank NIS, one of the subprojects of the Southern Philippines Irrigation Sector Project (SPISP), is located in Prosperidad and San Francisco in Agusan del Sur in CARAGA Region (see Figure 1.1).

6. During the period 1970-1989, under the ADB-assisted Second Agusan Irrigation Project, the Gibong National Irrigation Project was implemented. The system was originally designed to cover a potential service area of 5,200 ha. However, due to budget limitations only 45% (2,353 ha) was completed: 1,918 ha on the right bank and 435 ha on the left bank.

g. In 1998, the Gibong National Irrigation System (NIS) was selected as one of the core sub-projects of SPISP under TA grant (TA No. 2841-PHI) from ADB to the Government of the Philippines through NIA. This core subproject, however, covered only the extension of irrigation facilities at the right bank main canal (RMC) to serve an additional area of 665 ha. The civil works of the core subproject is now on-going, implemented by Subproject Management Office (SPMO) of SPISP in coordination with the CARAGA Regional Irrigation Office (RIO) and the IAs. In 1999, an evaluation and selection for non-core subprojects was undertaken and Gibong was chosen. This includes the existing area of Gibong NIS and additional expansion area in right bank and left bank of the system.

h. The strategy to develop two subprojects from the existing Gibong National Irrigation System was pursued. In the right bank of the existing NIS, 665 ha (core subproject) will be developed and provided with new irrigation facilities; the existing facilities (with total irrigated area of 1,383 ha) will be rehabilitated and such rehabilitation will generate an additional 530 ha of irrigated area. In the Left bank, only 1,077.49 has service area was approved out of the proposed 2,176 ha. because of the limitation of funds and exclusion of peat soil areas. At the left bank, rehabilitation will be undertaken for the existing facilities (436.99 ha). Moreover, an additional of 650.50 ha will be developed and provided new facilities for the proposed extension. Please refer to Figure1.2

Figure 1.1 Location Map of the Gibong Leftbank NIS

125° 30' 126° 00' 126

SURIGAO CITY Y# Gen. Luna # Y ÊÚ Y# Dapa Tagana-an Y# Sison Y# Y# Placer Claver Y# Socorro Y# Y#Bacuag SURIGAO DEL NORTEY# Gigacuit Mainit # Tubod Y# Y 9°30'

9°30' Y# Kitcharo Y#Carrascal Y# Jabonga Y# Cantilan Madrid #

y Lanuza Y Cortes SantiagoY# Y#

B P

TubayY# i n l

a CabadbaranY# i t u Tandag p u B AGUSAN DEL NORTE Y# p

Magallanes 9°00' # Y# Tago n Y 9

9 Nasipit e

9°00' Carmen Buenavista Y# Y# # Y

ÊÚ SURIGAO DEL SUR BUTUAN CITY Y#Caguait S

Gibong NIS

# Las Nieves Y Marihatag Y# Bayugan

# R YE MISAMIS ORIENTAL V I Esperanza R

Y#A N N D A N A PROSPERIDAD Y# Li anga %[ AGUSAN DEL SUR Barobo Y# 8°30' San Luis San Francisco

8°30' Y# Y# # BUKIDNON YTalacogon Hinatuan Y# La Paz Rosario Y# Y#

REPUBLIC OF THE PHILIPPINES NATIONAL IRRIGATION ADMINISTRATION Bislig QUEZON CITY Loreto Y# Y# Bunawan SOUTHERN PHILI PPINES IRRI GATION SECTOR PROJECT Y# LOGUM AND BAOBO SUBPROJECTS Veruela, Agusan del Sur Veruela Y# LOGUM & BAOBO SUBPROJECTS Y# Trento Lingig LOCATION MAP Y# 8°00'

Y# Sta. Josefa SIMULAO CIS 8 8

8°00' Y# Municipality %[ Capital of Province ÊÚ City COMPOSTELA SCALE : 1:1,000,000 Provincial boundary 10 0 10 20 VALLEY Regional boundary Kilometers Road River/Creek

126 125° 30' 126° 00'

Figure 1.2 Layout Map of GLBNIS

1.4 Service Area

9. The existing areas are located in four barangays, namely, Brgy. Poblacion, Las Navas, Salvacion, and La Caridad. in the Municipality of Prosperidad, Agusan del Sur. The land area affected by the proposed extension is located in Bgy. La Caridad and Patin-ay of the municipality of Prosperidad and Brgy. Tagapua, Pisaan and Ladgadan of the municipality of San Francisco, Agusan del Sur. The subproject area is approximately 70 km south of Butuan City, the commercial and political capital of CARAGA Region.

10. The rehabilitation of 436.99 has. existing area and construction in 640.50 ha extension area of the irrigation system will help ensure the availability of irrigation water for the areas, which are still primarily dependent on rainfed agriculture. This situation has created an unreliable condition for food production. It should be noted that rice farming is the primary source of income of the majority of the population in Agusan del Sur where the proposed subprojects is located.

11. Of the properties that will be traversed by the irrigation canal routes, 3 have certificates of Land Titles; 4 are DAR properties and the remaining 101 are under Tax Declaration. About 1,671 m2 will also be affected by the proposed road and 368.40 m2 by a Barangay road. But some of the areas especially in extension have conflicts in ownership of the lands. All Four (4) cases are still pending in DENR and DAR. (Refer to Annex A)

2.0 Impacts Base-Line Information and Socio-Economic Census

2.1 Impacts To Assets and People

12. The sub-project has the potential to improve food security in the area and increase the level of income of the beneficiary farmers and contribute to the local economy. The GDP of Agusan del Sur in 2000 was recorded at Php 20.6 M with a poverty threshold Php 6,077.00 almost 37%of the families in Agusan del Sur are living below the poverty line. The farmers at present rely primarily on rain-fed agriculture. With long spell of dry season in the area, crop production is not assured. The project will provide a regular supply of irrigation water, enabling at least two crops of rice per year. Together with the positive impacts, however the project will also require the acquisition of 18.0848 ha of land for the development of irrigation facilities in the defined service area and therefore affect 108 farmers – beneficiaries and non-beneficiaries.

13. In order to assess the impacts of the project, topographic surveys, plot mapping, and Socio Economic Survey were undertaken in the proposed service area that will be rehabilitated and extended. This activity has been used to identify the 108 of which 103 are classified as Beneficiary PAPs (BenPAPs) and 5 as Non-Beneficiary PAPs (NBPAPs). All of the NBAPs are located in the existing area. The size and boundaries was also as basis for assessment and valuation of compensation. Improvement in terms of structures and crops in each plot were also inventoried. PAPs, who are landowners, cultivators or residents of the affected lands, were interviewed to determine their socio- economic status. Land classification was verified with the Department of Environmental and Natural Resources (DENR).

14. The construction and rehabilitation of irrigation canals and ancillary facilities in the irrigation service areas will require around 18.08482 has. of land for actual ROW area. Approximately 10.5083 has. for the existing area, and 7.5765 has. in the extension area. The nature of impact is in the form of loss of land and loss of potential income from the land as well as the improvement on the land. PAPs losses in this area will vary from minimal to substantial according to the type of canal that causes the impact. As agreed in the course of an intensive consultation process, all direct beneficiaries in this area will provide the land affected by ROW acquisition in the form of equity as explained in previous Section 1.2. It is noted that in no case did it occur that the value of the land lost by a PAP exceeded the value of the contribution fees due for project financing.

15. In the case of non-beneficiary farmers affected by ROW acquisition, non-equity mechanism will be adopted and the impacts will be compensated in full at fair market rates. In his case however, all 5 non-direct beneficiaries affected by very small land losses had voluntarily chosen to donate their ROW affected land to the IA’s equity.

2.2 Impact Mitigating Measures

16. To minimize the negative impact, measures will be taken to ensure that the farmers within the affected areas would have enough time to continue farming their respective plots even during construction period. The damage crops and affected land will be compensated at FMV using the base cost of Php 21/m2, the total compensation cost for the land was estimated to be Php 3,797,812.20 for the 108 PAPs. In addition, cost for the damaged crops and trees of the 11 PAPs was computed to be Php 53,169.00. As part of the measures training on livelihood and other productive activities will be provided for the PAPs especially to Non- beneficiary PAPs. Full disclosures of

6 the impact and mitigating measures have been undertaken in several meetings with the PAPs and the IA.

17. The sub-project’s construction activities will have impacts on a total of 108 PAPs, of which 55 are in the existing area with a ROW area of about 10.5083 and 53 from the extension area with a ROW area of 7.5765 has. Of the total PAPs, 103 are beneficiaries while 5 are non-beneficiaries. The existing area means that the project will rehabilitate the existing infrastructure while the extension area means that the project will construct new irrigation facilities. The existing ROW area will be acquired to document…. See Annex A for the list of individual PAPs who will actually loose approximately 18.0848 ha of agricultural land as well as the standing crops and trees therein. The existing ROW plots will require documentation where a Deed of Assignment between the individual PAP and the IA will need to be executed. The total ROW requirement from all of the PAPS is about 3.18 percent of their total landholding, which is 568.27 ha. Table 2.1 below shows the number PAPs, landholdings and the ROW requirement and Table 2.2 shows the ROW requirement by location, type of PAPs and Land Status.

Table 2.1 Summary of Service Area and ROW Requirement by Type of PAPs Location Service Area Landholding No. of PAPS ROW Requirement (ha) (ha) (ha) B NB T B NB T Existing 436.99 302.44 50 5 55 9.8721 0.6362 10.5083

Extension 640.50 265.83 53 53 7.5765 - 7.5765

Total 1,077.49 568.27 103 5 108 17.4486 0.6362 18.0848 Legend: B=Beneficiary; NB=Non-beneficiary; T=Total. Source: Inventory and Assessment Survey, GLBNIS, 2005.

7 Table 2.2 Summary of PAPs, Total Landholding and ROW Requirement by Location Existing PAP Location by Land No. of No. of Landholding ROW Road Area Remarks Status PAPs Lots (Ha) Area (Ha) m2

I. Existing

1. Beneficiary a. Titled 20 23 114.735 4.49445 b. Tax Declaration 26 28 153.035 4.94235 c. DAR-CLOA 4 4 10.220 0.43460 Sub-total 50 55 277.990 9.87140 2. Non-Beneficiary a. Titled - - - - b. Tax Declaration 5 5 24.450 0.63620 c. DAR-CLOA - - - - Sub-total 5 5 24.450 0.63620 2,035.00 TOTAL 55 60 302.44 10.5076 2,035.00

II. Extension 1. Beneficiary a. Titled 10 8 36.236 1.85680 b. Tax Declaration 43 30 229.594 5.71970 c. DAR-CLOA Sub-total 53 38 265.830 7.57650 368.40 2. Non-Beneficiary a. Titled - - - - - b. Tax Declaration - - - - - c. DAR-CLOA - - - - - Sub-total -- - - - TOTAL 53 38 265.830 7.57650 368.40

1. Beneficiary a. Titled 30 30 150.971 6.35125 b. Tax Declaration 69 59 382.629 10.66205 c. DAR-CLOA 4 4 10.220 0.43460 Sub-total 103 93 543.820 17.44790 2. Non-Beneficiary a. Titled b. Tax Declaration 5 5 24.450 0.63620 c. DAR-CLOA Sub-total 5 5 24.450 0.63620

Titled 30 30 150.971 6.35125 Tax Declaration 74 64 407.079 11.29825 DAR-CLOA 4 4 10.220 0.43460 GRAND TOTAL 108 98 568.270 18.08482 2,403.40

8 18. The construction in the existing and extension areas will affect approximately 18.08482 ha of land cultivated by some 108 farmers (103 beneficiary and 5 non- beneficiary).

19. Annex A shows the list of individual PAPs and the corresponding landholding and the ROW requirement. The proportion of individual plots of land acquired for ROW of the subprojects does not exceed the 20 percent for beneficiaries and 10 percent for non-beneficiaries total cut-off limit for land acquisition. (The RPPF requires the inclusion in the compensation and rehabilitation measures of those PAPs/PAFS whose ROW affected land are 20% (for BenPAPs ) and 10% for NBPAPs) of their total land holdings. Payment for ROW acquisition is set at the agreed Fair Market Value (FMV) of the land in the area. In the sub-project area, the average fair market value of land was agreed with the PAPs to be Php 21/m2 for the rehabilitation (existing and extension) areas. The IA, PAPs and NIA underwent a series of research works and consultation meetings before the parties came up with a Fair Market Value (FMV) of the land and affected crops and trees and disclose to the PAPs to come up with the agreed FMV. The combined record of the recent sales of land in the locality, and the Assessors’ Office were used as references in coming up with a Fair Market Value.

2.3 Socio-Economic Census

20. The survey of irrigation canal and facilities was started in 2003 in the Gibong LB Existing, followed by the Socio-Economic Survey Started last July 2004 and inventory of affected assets and properties in the 2nd quarter of 2005 for Gibong LB Extension. The survey which involves 38% of the total PAPs aimed to established benchmark data on the socio-economic status of the PAPs, which will serve as basis for determining the project impact, both positive and negative, on the present standard of living and quality of life of the PAPs. The results also served as basis for formulating mitigating measures. For example, result of the asset inventory is utilized to determine the compensation and/or replacement requirement for lost assets and properties, both personal and communal.

21. The surveys were conducted in all existing and extension areas of Katagbawan IA, Oplaku IA, Laludata IA, Nedabasi IA, and Grasya IA. Results showed that the average household size of PAPs is five (5) with three (3) children on the average. The male is the predominant head of the household. Of the total PAPs surveyed only about 3 percent were female headed. Majority (52 %) of the household finished elementary followed by 19% finished secondary level and about 14% reached and finished college. Refer to Figure 2.1

Elementary Level

7% 0% 7% 10% Elementary Graduate

High School Level

19% HighSchool Graduate 52% 5% College Level

Figure 2.1. Educational Attainment College Graduate (GLBNIS)

9 22. Farming is the main source of livelihood of the majority (88 percent) of the PAPs. Five (5) respondents or 12% have other primary sources reported employment and business as the primary source of income. The average landholding of the PAPs is about 5.6 ha, (ranging from 1-9 has), which they generally (88 percent) own. The types of crops cultivated vary from permanent to temporary with rice as the most predominant. Farming as reported is generally the domain of the male with the female providing support particularly during the planting and harvest seasons.

23. Majority of the PAPs and farmers have income between Php 4,000 and below per month (Please refer to Fig. 2.2). On the other hand, only Fourteen percent (14 %) of them have income between Php 4,001 to 10,000 and above per month. The poverty threshold in Agusan del Sur was Php 10,594 per capita in 2000 (NSO, 2000). More than 90 percent of the PAPs have income level below the threshold indicating the widespread poverty in the area.

Figure no. 2.2 GLBNIS Monthly Income

2,000 and 6,001 to 10,001 and 2,001 to 4,000 4,001 to 6,000 No data Below 10,000 Above Respondent 17 19 2 2 2 0 Percent (%) 40.48 45.24 4.76 4.76 4.76 0.00

(Please refer to Annex B for the summary of Socio-Economic Survey Data of Gibong LB and Annex C for the accomplished Survey form samples.)

10 3.0 Detailed Compensation and Rehabilitation Strategy

24. The rehabilitation, construction and development of SPISP subprojects and their irrigation systems will require the ROW acquisition of areas within the proposed irrigation systems for canals, pipeline, hydraulic structure, and access/maintenance roads and water impounding systems. These acquisitions could result into potential loss of agricultural and residential lands, and the improvements therein as well as the possible displacement of households. Whenever possible, dislocation and relocation will be avoided. Nonetheless, in cases where this is unavoidable, the NIA-SPISP/PGAN Resettlement Policy and Program Framework (RPPF) has been formulated to provide the basis to adequately address resettlement and compensation issues likely to emerge from the acquisition of lands for irrigation development and improvement, whether relocation of PAPs is required or not.

25. The RPPF is utilized as basis for the development and implementation of LARP for the Gibong LBNIS. It serves as a guide for the compensation and negotiation processes. Other references were also used for the resolution of issues such as cutting and clearing of trees and the possible transfer of various structures located within the embankment of irrigation canals.

26. The primary objective of the LARP for Gibong Left Bank NIS is to minimize and mitigate the negative impacts of the project on PAPs through the provision of compensation (equity conversion for beneficiary PAPs, cash compensation non- beneficiary PAPs, voluntary donation by well-off non-beneficiary PAPs) and rehabilitation (such as livelihood programs and other productive activities contributing to the improvement of their living standard). The detailed strategy of the Gibong Left Bank NIS is as follows:

3.1 Equity Conversion Aspects of the LAR Compensation Process for Beneficiary PAPs

27. An important factor that is essential to understand the LAR compensation strategy adopted for the Project rests on the way civil works financing is shared between Government, ADB and the beneficiary communities; that is 75 percent for the Government and ADB and 25 percent for the beneficiaries. The 108 beneficiaries’ will be required to share 25% of the direct cost of the civil works budget will be paid through fees by each single beneficiary in proportion to the area of their serviced plots.

28. Based on this scheme LAR impacts affecting beneficiaries will be discounted as equity from their fees. LAR for the project will thus entail a pecuniary payment only when the value at market rate of the land lost by one project beneficiary offsets the amount he/she has to pay in fees as a contribution to project finances.

29. All 103 BenPAPs in the existing and extension areas have converted the land required for ROW as part of their project equity. A total of 6,362 m2 parcel of land of all 5 non-beneficiary PAPs were also donated to the IA to provide irrigation service to their neighbors besides their understanding and cooperation of SPISP’s goals and objectives towards poverty alleviation. Moreover, the crops and trees located on the land of 11 PAPs will also be converted to equity (please refer to Table 3.1).

11 Table 3.1 Summary of ROW Requirement and Compensation Agreement by Beneficiary Farmers Location # of PAPs Total ROW Area FMV Peso Compensation Landholding (ha) (Php/m2) Value Agreement (ha) (Php) Existing 50 277.99 9.2359 21 1,939,539 Equity Extension 53 265.84 7.5765 21 1,591,065 Equity TOTAL 103 543.83 16.8124 - 3,530,064

3.2 Compensation for the Donation by Non-Beneficiary PAPs

30. The Non-beneficiary PAPs ( NBPAPs) will need to be compensated in cash or in kind based on the replacement value at fair market rates of their asset where relocation in required additional compensation and rehabilitation mechanism will have to be instituted.

31. Three legal instruments have been developed by the SPISP-Implementers and Consultants – 1) A Deed of Assignment (DOA) for land from the beneficiary farmers, 2) A Deed of Assignment (DOA) for crops and trees from beneficiary farmers, and 3) A Deed of Donation (DOD) from the Non-Beneficiary Farmer to the IA, in case the NB farmers decided to donate the land and standing trees and crop to the IA. ( See Annex D for the sample of DOA and Annex E for the sample of DOD)

32. The forms have been discussed with the IA thru the ROW Committees and then with PAPs. Discussions with the forms were undertaken after the conduct of orientation per barangay by the ROW Committee and NIA field office. Following the discussions, a team composed of the IA ROW Committee, Environmental Staff and Technical Staff undertook house to house visits of the PAPs for the negotiation until signing of the DOD and DOA.

3.3 ROW Acquisition Process

33. Right of Way (ROW) for irrigation is the acquisition of land area by means of donation, compensation and permit to enter for the development of irrigation facilities of SPISP subprojects. It covers the product of total gross width (auxiliary embankment, canal width and access road) and length of the canal to be constructed or rehabilitated. The width of canal was based on the canal design in the general plan and profile. The ROW affected area will be valued based on the agreed fair market value which is converted as equity. In case of Gibong Leftbank the original trapezoidal design of the existing main canal and the rectangular canal design for Laterals A and C will be followed in the actual construction. Refer to Figure 3.1

12 Figure 3.1 Engineering Drawing of Left Main Canal, Lateral A and Lateral C Canal

Left Main Canal Cross Section

Station 1 + 620 - 1 + 916.60

Lateral A Cross Section

Station 0 + 000 - 1 + 000

13 Lateral C Cross Section

Station 0 + 000 - 0 + 200

34. ROW acquisition in the service area took a long process as summarized in Figure 3.2 where both the beneficiaries and non-beneficiaries were involved in the formulation of the compensation strategy. No civil works activities will be allowed to commence unless compensation measures are duly instituted. The activities for the ROW acquisition documentation for Gibong Leftbank included the following:

a. Initial information dissemination regarding ROW acquisition was undertaken during consultation sessions in the conduct of Feasibility Study Phase. (July 13-September 3, 2004)

b. Coordination with the technical staff on the general lay-out map of canal route and listed possible Project Affected Person’s (PAP’s). (November 2003-June 2005)

c. Conduct of actual survey of canal routes by technical staff together with the IDO and TSAG officer and identification of Project Affected Persons. (June 23-July 4, 2004 and April 19, 2005-June 9, 2005)

d. Creation of ROW Committee of Gibong Leftbank NIS. (March 20-21, 2004)

e. Conduct of orientation for PAPs during P & T sessions and consultation meetings to discuss entitlement, equity shares and compensation land valuation. (July 13, 2004- June 16, 2005)

f. Determination of fair market value of land using the recent transactions documents, BIR Zonal Valuation, and Provincial Appraisal value. (June 15, 2005)

g. Conduct of various meetings with Gibong Leftbank PAP’s for the full disclosure of the total value of ROW affected property using the agreed FMV as the base cost for computation of total compensation. ( June 15-16, 2005)

h. Signing of ROW DOA and DOD by PAP’s in addition to the previously signed on the original ROW acquisition. ( March 2004- June 2005)

Figure 3. 2 Process of ROW Acquisition

GENERAL LAY-OUT Preparation of Parcellary Maps, and canal lay-out. PREPARATION WITH THE TECHNICAL STAFF

IDENTIFICATION OF PAPs THRU List of PAPs, ROW Area and EXISTING RECORDS Identification of Crops/Trees to be Affected.

ACTUAL FIELD VALIDATION Confirmation of List of PAPs, ROW (WALK THRU) Area and Number of Crops/Trees to be Affected.

FORMATION AND ORIENTATION ROW COMMITTEE OF ROW COMMITTEE STRENGTHENED AND ORIENTED ON SPISP-RPPF AWARENESS

ORIENTATION AND CONDUCT PAPs Awareness of Compensation OF SOCIO-ECONOMIC SURVEY Entitlements and Equity Contribution. OF PAPs WITH THE ROW PAPs Socio-Economic Profile COMMITTEE

FORMATION OF PROPERTY VALUATION COMMITTEE AND Identification and Valuation of Affected CONDUCT INVENTORY OF Properties per PAPs. PROPERTIES

DATA RESEARCH ON LAND Establishment of Base Cost VALUATION IN THEPROJECT AREA

PUBLIC INFORMATION AND Agreements of Fair Market Value and DISCLOSURE Awareness of Individual Compensation Package.

SIGNING OF DOD/DOA, Signed DOA/DOA for Legalization DOCUMENTATION AND and Payment of Compensation. LEGALIZATION

SUBMISSION OF LARP Approval of LARP Document DOCUMENT TO ADB

LEGEND: Output of the Activity

15 3.4 Process of ROW Negotiation

35. During meetings at the Turn-out Service Area Group (TSAG) the ROW committee members presented the option of donating those lands that would be traversed by the Main Canal and Lateral Canal in the IA for discussion. The valuation of the land and improvements thereon was decided to be made as part of the donor’s equity contribution.

36. Subsequently there are three (3) stage in the ROW negotiation process which is presented below

Stage I Before Negotiation Conduct inventory of land-owners (IA members and non-members). These steps will involve: a. Identification of the length and width of the canal/irrigation work and locating the boundaries of all affected land. b. Listing of affected land owners and their addresses thru existing records. c. Actual field validation. d. ROWN Committee formation. e. PAPs Orientation. f. Sending a letter of information to the absentee owners regarding the irrigation project. g. Formation of the Property Valuation Committee h. Conduct of Inventory i. Establishment of a FMV j. Preparation of all ROW documents (e.g. DOD/DOA).

Stage II Actual Negotiations

This stage involves a series of consultations meetings with the land owner which takes place during: a. Attendance to TSAG meetings where the importance of making ROW as a part of the farmer/IA’s equity is discussed b. Presentation of FMV c. Disclosure meetings d. ROW Committee going to the house of the concerned landowner for discussion and eventual signing of the ROW documents (DOD/DOA).

Stage III Post Negotiation

After the ROW documents have been signed by the concerned land owner, these are: a. Notarized b. Submitted to the IA Board, copy furnished Irrigation System Office, the SPISP Project – SPMO and SPISP-CPMO c. Submission of LARP Document to ADB d. The IA ROW committee proceeds to the processing for titling of the donated land to the name of the IA with the guidance of the Institutional Development Officer (IDO) and Environmental Staff.

16 After the completion of three (3) stages of ROW negotiation then the LARP Document will be approved, the construction will immediately commence.

3.5. Process of PAPs Identification and Valuation of Affected Properties

37. One of the major activities conducted was the identification of Project Affected Persons (PAPs) which served as a pre-requisite to all of the succeeding LARP activities. The processes of activities conducted are as follows:

a. During the drafting of the Feasibility Study for Gibong Leftbank NIS, a series of information dissemination regarding the affected plots for the construction/rehabilitation of structures was undertaken. b. Listing of PAPs was conducted during the re-survey of canal routes. This was undertaken by the ROW Committee with the assistance of the IA Officers and NIA Staff. c. Technical data on ROW area was obtained from the Technical Staff where sizes of plots acquired from individual PAPs were determined. d. Determination and collection of legal documents to be used as basis to establish the fair market value of the affected properties. e. Fair market value of affected properties was established through the recent transaction cost of sales within the vicinity.

38. The valuation of property was based on the result of research undertaken; the fair market value of land in the vicinity as well as comparison of documents from other government appraisal bodies (e.g. Provincial Schedule of Base Market Value-Provincial Assessor).

39. Since ROW already exist with the irrigation facilities and structures constructed during the original project, no actual land acquisition will be involved; thus no crops, trees and structures on the existing ROWs are affected. However, the ROW land will need to be segregated from the original titles and separate documentation of its DOA and DOD to IA undertaken.

40. At the Gibong Left Bank National Irrigation System, a total of 18.08482 ha of land were identified to be affected by canal construction. This area is about 3.18 percent of their total landholding, which is 568.27 ha. All 108 PAPs who are land owners, either beneficiaries and non-beneficiaries, covering 18.0848 ha of affected land have signed their ROW documents (DOA for Beneficiaries and DOD for Non- Beneficiaries) signifying their willingness to make the subject ROW as an IA equity contribution. These lands has a valuation of PHP 21/m2 as per agreed Fair Market Value for the whole Left bank service area. Figure 3.3 describe the process of inventory, valuation and payment of compensation for crops and trees affected of ROW. Annex F provides detailed losses of individual PAPs including the assess value of such losses.

41. Aside from Land affected by ROW eleven (11) of the Beneficiary PAPs also had crops and trees planted in their ROW land with a total value of Php 53,169.00 the process of how the crops and trees were valued is illustrated in Figure 3.4.

Figure 3.3 Process of Inventory, Valuations and Payment of Cash Compensation for Affected Lands,Crops and Tree

Socio-Economic Survey/Data Gatherings Establishment of Base Cost for Land, Crops and Trees

IEC, Consultation Meetings and Compensation Disclosure Formation of Valuation Committee

Legalization of Document Inventory of Affected Assets and Properties of PAPs with Valuation Committee Processing of Compensation Payment, Land Segregations and Titling of Validation of Data with Valuation and Individual Lot ROW Committees and PAPs

3.4 Establishment of Fair Market Value

42. Several research works on land and crops/trees values have been carried out by Gibong NIS to generate baseline figures on which the calculation of fair market value of the ROW affected properties will be based. The zonal valuation of properties were gathered from the BIR District Office in Bayugan, Agusan del Sur. The zonal value was for 1996. (See Annex G for the copy of BIR Zonal valuation). Municipal Assessor’s Office of Prosperidad arrives of their market value through SP Ordinance No. 30 Series of 2001. (See Annex H for the copy of the SP Ordinance No. 30 series of 2001) A documents of most recent transaction/sales of land in the project area as well as neighboring municipalities/communities were also obtained by the Subproject Staff and IA ROW committee members. After the PAC validation of the list of inventoried affected properties, the constituted PAC came out with their own valuation.

43. The Twenty One Pesos per square meter (P21.00/m2) is the prevailing fair market value for existing and extension area, based on the current selling price of similar properties in the vicinity through the established Property Assessment and Valuation Committee with the participation of the representatives of the Provincial Engineering Office, Provincial and Municipal Assessment Office, Right of Way Committee and the affected PAPs of their respective barangays by NIA-SPISP through its field office at Prosperidad, Agusan del Sur and San Francisco, Agusan del Sur on March of 2004, in consonance to Republic Act 8974, otherwise known as “AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS AND FOR OTHER PURPOSES” approved November 7, 2000 and its Implementing Rules and Regulations, issued February 9, 2001 where it “Shall cover all acquisition of private real properties, including improvements therein, needed as right-of-way, Site or Location for national government projects undertaken by any department office and agency of the national government, including any government –owned or controlled corporation or state college or university, AUTHORIZED BY LAW OR ITS RESPECTIVE CHARTER TO UNDERTAKE NATIONAL GOVERNMENT PROJECTS.”(Section 1,IRR of RA 8974)

18 44. Schedule of base market values for the different classes of real property situated in the Province of Agusan del Sur in accordance with Sections 219 and 275 of Republic Act 7160, otherwise known as the “Local Government Code of 1991” shall be fixed by the Sangguniang Panlalawigan (Provincial Board), through Ordinance No. 30, Series of 2001, approved November 26, 2001 and shall begin to take effect in January 1, 2003. Base cost of market value is based on “Market Data” derived from the notarized Deed of Conveyance (Documents on Deed of Absolute Sale, Deed of Relinquishment of Rights, etc.). It is also arrived as per recommendation of each office representative which is composed of the Provincial Treasurer’s Office, Municipal Treasurer/Assessor’s Office, Provincial Engineering Office, Provincial Assessment Office that composed the Appraisal Committee where the Provincial Assessor acts as Chairman.

45. “Fair Market Value of Land” is the value established from records of current sales of land in the immediate area of concern. It is not the value established by Government Tax authorities or valuation formulas based on productive capacity or other measures not directly related to the selling price. It is also defined as “the price at which the property may be sold by a seller who is not compelled to sell and bought by a buyer who is not compelled to buy” (PA-LAMP, 2002).

46. The Fair Market Value (FMV) for left bank service area for both land and crops and trees were established during the PAPs Consultation and Disclosure meeting of leftbank last June 15, 2005 held at Lucahon Hall, Pisaan, San Francisco, Agusan del Sur. During the meeting the Comparative results of valuation matrix were presented and discussed. The body under go process of deliberation and votation in order to arrived an agreed FMV based on the presented valuation matrix from its sources. (See Annex I Minutes of Meetings) As a result, the agreed FMV for land in left bank service area is P 21.00/m2 which is the highest value for land among the three other matrix presented. The recent transaction cost of P 21.00/m2 (dated May 1, 2005) was used as the FMV since no objections among all the PAPs during the disclosure meetings. (See Annex J for the copy of Affidavit of Sale as the basis of the recent transaction). The fair market values that was arrived and was agreed by affected PAP/Fs, since this was established in conformity of the IA’s Property Assessment and Valuation Committee and Right of Way Committee, further strengthened by IA’s Board Resolution with the participation of partner agencies and offices aforementioned and cited above. The agreed FMV was then used as the base cost for the computation of compensation payments.

47. On the other hand, the valuation matrix for crops and trees were also presented. There are only two sources of the said matrix: (1) The “Approved Schedule of Base Market Values in the Province of Agusan del Sur Effective year 2002” under the SP Ordinance No. 30, series of 2001 and (2) The Appraisal report of the Provincial Appraisal Committee for crops and tree. After the deliberation and votation the body agreed that the Fair Market Value for the crops and trees will be the valuation matrix of the approved schedule of base market values for Agusan del Sur under the SP Ordinance No.30, series of 2001 because it has higher valuation than the other presented option. The comparative results of the outputs of the research on the valuation and the agreed FMV are presented in Table 3.2.

Table 3.2 Comparative Results of Valuation of Land and Crops and Trees Items BIR Zonal Municipal Provincial Recent Agreed Valuation -D.O. Assessor’s Appraisal Transaction FMV No. 84-96 Office (SP Committee ( At La Caridad, ( Nov. 18, 1996) Ordinance No. 30 (Sept.11,20 PADS on May 15, Series of 2001) 01) 2005) A. Land/Location Prosperidad, ADS 1. Existing Area P 4.45/m2 P 7.45/m2 - P 21.00/m2 P 21.00/m2 San Francisco, ADS 2. Extension Area P 6.00/m2 P 7.45/m2 - P 21.00/m2 P 21.00/m2

20 2nd class 3rd class 12. Bamboo groove 55 P- 46.00 55.00 1st class 2nd class 3rd class 13. Baungon / pomelo 46 P- 39.00 46.00 1st class NP- 3.90 2nd class 3rd class 14. Caimito per tree 46 P- 39.00 46.00 1st class 2nd class 3rd class 15. Lumbia Groove 63 P- 53.00 63.00 1st class 2nd class 3rd class 16. Macopa per tree 42 42.00 1st class 2nd class 3rd class 17. Mandarin/citrus 42 P- 35.00 42.00 1st class 2nd class 3rd class 18. Marang per tree 110 P- 32.00 110.00 1st class NP- 12.80 2nd class 3rd class 19. Jackfruit/nangka 38 P- 32.00 38.00 1st class NP- 9.10 2nd class 3rd class 20.Rabana/Labana 25 25.00 1st class 2nd class 3rd class 21.Santol per tree 46 P- 28.00 46.00 1st class NP- 16.00 2nd class 3rd class 22.Tambis per tree 42 42.00 1st class 2nd class 3rd class 23. Rambutan per tree 88 88.00 1st class 2nd class 3rd class 24. Pineapple per hill 6.00 1st class 6 P- 4.00 2nd class 5 3rd class 4 ☺ FMV-Fair Market Value adopted and agreed with the PAPs P- Productive NP- Non-Productive

Table 3.3 shows the means of settlement and compensation for damages on land improvement. All of the PAPs (108) converted their land as part of equity, 11

21 PAPs (Beneficiaries) also donated their damages crops and trees to IA. See details in Annex I

Table 3.3 Summary of ROW Affected Land and Damages on Crops and Trees with its Value and Means of Settlement LAND STANDING CROPS AND TREES Total Value No. of ROW FMV Means of No. of Crops and Value Means of Total Types / Location 2 ( Php) PAPs Area ( P21/m ) Settlement PAPs Trees ( PhP) Settlement Compensation (Ha) Planted

EXISTING AREA

Beneficiary 50 9.8721 21 2,073,141 Equity 2,073,141

Non-Beneficiary 5 0.6362 21 133,602 Equity 133,602

EXTENSION AREA Refer to Beneficiary 53 7.5765 21 1,591,065 Equity 11 Annex I for 53,169 Equity 1,644,234 details Non-Beneficiary 21 -

TOTAL 108 3,797,808 53,169 3,850,977

4.0 Legal Background & Compensation Rehabilitation Policy

4.1 Legal Background

4.1.1 NIA-SPISP RPPF and ADB Resettlement Guidelines

49. To respond to the land acquisition and resettlement issues identified in the SPISP implementation, the SPISP-NIA and PGAN Resettlement Policy Program Framework (detailed in a separate Report) has been formulated and promulgated to guide the manner by which the individual subproject will address these issues. The principles outlined in the Asian Development Bank’s (ADB) “Handbook on Resettlement’: A Guide to Good Practice (ADB: 1998), “involuntary Resettlement” (ADB, 1995) and EO 1035 on Providing the Procedures and Guidelines for the Expeditious Acquisition by the Government of Private Real Properties or Rights thereon for Infrastructure and other Government Projects from the basis in preparing the RPPF. The principles and the land acquisition and resettlement measures stemming from there will apply to all subprojects of NIA-SPISP and PGAN and will require the definition and formulation of a subproject-specific Land Acquisition and Resettlement Plan (LARP).

50. The LARP had incorporated the following elements: (i) Recommendations of the working groups represented by representatives from various departments of the central and local government units and PAF/Ps; (ii) Lessons learned from previous resettlement initiatives of different line agencies and the local government units; and (iii) the felt needs of the PAF/Ps.

51. The RPPF outlines the specific guidelines and procedures to prepare the compensation, relocation and rehabilitation schemes summarized as follows:

22 i Resettlement and land acquisition will be minimized as much as possible. Where and acquisition is unavoidable, the system will be designed to minimize adverse impact, especially on the vulnerable groups. ii PAF/Ps will be compensated, relocated and rehabilitated, if required so as to improve their standard of living, income earning capacity and production capacity, or at least to restore them to pre-Project levels.

iii All PAF/Ps residing, cultivating, or having rights over resources within the Project area after the conduct of the community census and survey are entitled to compensation for their losses and/or income rehabilitation. Lack of legal right or title to the assets (land, structures and/or crops) taken for the Project will not bar the PAP from receiving compensation, rehabilitation and relocation measures to achieve the objectives set forth under this policy. But in case the land to be acquired for ROW is classified as public land, concerned PAF/Ps will need to provide equity contribution for the purchase of land replacement; such equity contribution for a period of time (15-25 years) previous claims and unresolved issues related to resettlement or compensation in the area of each subproject, including the outstanding claims arising out of the agrarian reform under RA 3844, RA 6389 and RA 6657, will be resolved in accordance with applicable Philippine laws and regulations, prior to initiating any new land acquisition measures on the respective subproject.

iv The means of resettlement are: compensation at equivalent replacement costs for lands, houses and other structures, replacement agricultural land of at least equal productive capacity, replacement of residential land of equal size, dislocation allowance and transition subsidies, compensation for assets, and appropriate rehabilitation measure to compensate for loss of livelihood and income from the cultivation of the land. For beneficiary and IA members, conversion to equity of ROW acquired land valued at fair market value is pursued. (This is the relevant provision generally followed in the development and formulation of the Gibong LBNIS).

v PAPs who are required to locate due to the acquisition of their houses by the project will be provided full assistance for transportation and re- establishment of their home and will be provided a dislocation allowance, in addition to provision of residential land and the replacement cost of their home (refer to (iv) above).

vi Replacement residential and agricultural land will be as close as possible to the land that was and acceptable to PAF/P.

vii Cash compensation may be paid in lieu of the land-for-land compensation provided that: (a) PAF/P receives fair market value for the land and assets on it plus transaction costs, without any deductions for depreciation; (b) prior agreement has been reached on land acquisition through a negotiated settlement at a rate acceptable to the PAF/P, but in no case shall it be less than the fair market value plus transaction costs; (c) land is not available in the proximity of the Project area; (d) PAF/Ps willingly accepts cash compensation for land; and (v) cash compensation is accompanied by appropriate rehabilitation measures which together

23 with project benefits results in the restoration of PAF/Ps incomes to at least pre-Project levels. viii PAF/Ps whose lands are acquired for construction of infrastructure that is directly related to SPISP implementation may apply their compensation for loss of land to their equity contribution for construction and rehabilitation of the subproject. The equity contribution for such lands will be based upon the fair market value plus specific costs, where it is the cost of conversion into equity based on the replacement value for the loss of land, crops/trees and structures with an agreement on the valuation and sharing scheme if the crops are cultivated by tenants, in accordance to Entitlement Matrix ix PAF/Ps who are Project beneficiaries and who have a significant portion (greater than 20 percent) of their land acquired for ROW are entitled to compensation for the loss of the land (the portion in excess of 20 percent) and rehabilitation for loss of income potential on said proportion. Rehabilitation is negotiated with the PAF/Ps and may include, replacement lands of equal productive potential, training and support for new livelihood activities, and compensation for loss of income. The aforementioned provisions shall also cover PAF/Ps, who are non-project beneficiaries. x The resettlement transition period will be minimized with land-for-land and/or cash compensation provided to the PAF/Ps, and the rehabilitation measures completed prior to the expected start-up date of civil works in the respective subprojects. xi Resettlement plans will be implemented following consultations with the PAF/Ps and will have the endorsement of the PAF/Ps. xii Any acquisition of, or restriction on access to resources owned or managed by PAF/Ps as common property will be mitigated with arrangements ensuring access of those PAF/Ps to equivalent resources on a continuing basis. xiii Any acquisition of, or restriction on access to resources owned or managed by PAF/Ps as common property will be mitigated with arrangements ensuring access of those PAF/Ps to equivalent resources on a continuing. xiv Financial and physical resources for resettlement and rehabilitation will be made available as and when required and altogether prior to land dispossession, displacement or house demolition. xv Resettlement programs will include adequate institutional arrangements to ensure effective and timely design, planning and implementation of resettlement and rehabilitation measures. xvi Adequate arrangements for effective and timely internal and external monitoring will be made on implementation of all resettlement measures. An independent agency/organization (not related to PGAN, NIA, or Department of Agriculture) will be contracted to conduct external monitoring activities.

24 xvii To avoid influx of outsiders and speculators, there shall be cut-off date set for eligibility for inclusion in the LARP. Normally, this is set as the date immediately after the survey to establish the size and location of the affected lots as well as the census of the concerned PAFs had been undertaken.

52. Discrepancy between the GOP compensation policies and ADB guidelines was settled in favor of the adoption of the ADB guidelines as in the case of determining the fair market value.

4.2 Eligibility to Compensation & Rehabilitation

53.. The PAP includes any household and person who at the cut-off date of the subproject were located within the affected areas and its components or part thereof, and would have the adverse impact on the following:

• Standard of living; • Agricultural and residential lands or any improvements therein whether permanent or semi-permanent acquired have possessed in full or in part; or • Structures and crops along the canal embankments.

54. PAP in this context will refer to Project Affected Persons (PAP) and consists of all members of a household residing under one roof and operating as a single economic unit, who are adversely affected by the Project, or any of its components.

55. The eligibility criteria include the following:

• PAP who will stand to lose totally or partially the right of ownership and/or use of arable lands in the proposed rehabilitation and extension areas; • PAP who will also stand to lose their residential lands; • PAP who stand to lose residential and other structures in the affected areas; • PAP who stand to lose standing trees and crops on the affected lands; and • PAP whose source of livelihood and income is disrupted and/or interrupted.

4.3 Entitlements

56. The census and baseline survey, which were carried out prior to the preparation of the LARP, serves as the basis for determining the eligibility in the Gibong LRBNIS. The survey and inventory of crops and trees were carried out as the basis of entitlements.

57. The LARP for Gibong LBNIS follows the entitlement guideline provided in the RPPF and shown in Table 4.1.

53. As a general rule, PAPs losing agricultural land are to be compensated through “land for value” arrangements either with an equivalent piece of land of equal productive capacity and acceptable to them, or compensation in cash at fair market value plus

25 transaction costs. In addition, those who lose (acquired as ROW) agricultural land will be compensated for the loss of standing crops, fruit trees or other trees at full market value as provided for in the Entitlement Matrix. Other forms of assistance shall also be extended by SPISP-NIA to ensure adequate mitigating measures to address adverse impact. The package will include disturbance compensation, demolition, relocation and transfer assistance, and livelihood assistance as the case maybe.

Table 4.1 Entitlement Matrix Type of Application Definition of Compensation Implementation Losses Entitled APS Policy Issues Loss of Lands A. Arable land A1. Persons A1. A. Agreement on for ROW subject of ROW (owners and Compensation is the fair market acquisition for tenants) who based on either value of the land the reservoir, cultivate the land for land or reached. dam, irrigation affected parcel land for value. If canals and of land and the former is similar landowners opted, infrastructures of who do not replacement land the subprojects cultivate the will be provided; if land the latter is chosen, compensation will be based on its fair market value of land.

A2. Land provided as equity or donated for ROW is also valuated based on its fair market value.

Loss of A. Crops, trees, Persons who Compensation in A. Agreement on Crops/Trees etc. located in either own the cash or the valuation and and the ROW area land and/or conversion into sharing scheme if planted the equity based on the crops are Structures crops in the replacement cultivated by said land value of the tenants crops, trees, etc.

58. The Table 4.2 presents the actual entitlement of PAPs in the Service area and compensation for lost assets of PAPs. Unless otherwise indicated, payment of cash compensation and other entitlements and the extension of assistance will be given to PAP households and not to the individuals.

Table 4.2 Actual Entitlement Matrix of PAPs in the Service Area Require ROW Area Total Peso LOCATION No. Total Land FMV Equity Donation Easement TOTAL Value 2 PAPs Holding (ha) (P/m ) (m2) (m2) (m2) (m2) (PHP) BENEFICIARY FARMERS Existing 50 277.99 21 98,721 - - 98,721 2,073,141 Extension 53 265.83 21 75,765 - - 75,765 1,591,065 Sub-total 103 543.82 - 174,486 - - 174,486 3,664,206 NON-BENEFICIARY FARMERS Existing 5 24.45 21.00 - 6,362 - 6,362 133,602 Sub-total 5 24.45 - - 6,362 - 6,362 133,602 TOTAL 108 568.27 - 174,486 6,362 180,848 3,797,808

59. For the 103 BenPAPs as well as 5 NBPAPs who opted to voluntarily donate the equivalent FMV of their affected land, equity conversion will be recorded appropriately project procedure and guidelines. The total equity contribution of the BenPAPs exceed the value of his/her equity requirement the excess amount will serve as advance payment of the Irrigation Service Fee (ISF). In the case of Non BenPAPs who opted to donate to the IA will serve as the Capital Build Up (CBU) of the IA.

4.4 Donation

60. Non-BenPAPs may opt to donate their ROW land voluntarily as long as the precondition for donation discussed below are observed by the sub-project .

a. The affected persons have decided to donate their land based on an informed consent that is, prior to this decision the PAPs have been (a) informed of their entitlement at FMV (b) actually offered the compensation amount. b. The donation does not affect the donor’s livelihood c. The plots to be donated are titled, are not rented to tenants, not occupied by informal settlers or have encumbrances. d. The voluntary aspect of donation is documented by (a) signed Deed of Donation and (b) stating that s/he is aware of the above conditions.

61. There are Five (5) Non-Beneficiaries PAPs in the existing area of the project that opted to donate voluntarily their area affected by ROW acquisition with a total area of 6,546 m2 and valued at P 137,466.00. All Five (5) Non-Beneficiaries willfully donate their ROW area as equity of the IA to the project without asking compensation because of the following reasons: a.) they loss only small area of their land, b.) their area is already existing and they are already benefited by the service road c.) They understood the goals of SPISP and the need of their fellow farmers to generate equity to the project. A sample Deed of Donation (DOD) operationalizing this case is presented as Annex E

4.5 Cut-Off Date

62. Eligible PAPs included in the Gibong Left Bank LARP are the PAPs who were counted in during the first walk-thru for identification of PAPs last June 23- July 4, 2004 and during the second schedule of re-inventory and validation of PAPs and property last April 19-21, 2005 for the new route of canal in extension areas.

5.0 Organizational Framework

5.1 Institutional Arrangement

63. The responsibility for planning and implementing all activities under LARP as shown in Figure 4 is as follows:

a) NIA-Central Project Management Office (CPMO)

NIA has overall responsibility for planning and implementing all activities under the Program Framework under the guidance of the Project Consultants. NIA-CPMO thru the Environmental Section will coordinate and report on the progress in the subprojects, and will handle resettlement issue requiring actions and attention at central and field levels. The EnS will also review draft LARPs submitted by the sub-project before submission to ADB. NIA-CPMO has overall control and management of the project resettlement budget

b) NIA-Regional Irrigation Office-13 (RIO-13)

Funds for the resettlement program will be provided by NIA from budgetary allocation for the Project; NIA-RIO will monitor the implementation of the land acquisition activities.

c) Gibong-Irrigation System Office (ISO)

Responsibilities of NIA-ISO include planning, coordination of field implementation, financial control, information exchange and inter-agency liaison, internal inspection and day-to-day monitoring.

d) Environmental Staff (ES)

The Environmental Staff will be responsible for the formulation of Land Acquisition and Resettlement Program (LARP) Blue Print with the direct guidance and assistance of the NIA-CPMO EnS which includes activities to be conducted prior to LARP Documentation; collection of data, primary and secondary; conduct of Information and Education Communication Campaign; consolidation of data collected; and finalization of the LARP Documentation. The ES will also coordinate with the IDOs, TS, and other concerned agencies for the completion of data gaps.

e) Irrigation Association /Turn-out Service Area Group (IA/TSAG)

The IA/TSAG will supervise all committees such as the Property Valuation Committee (PVC); conduct orientation meetings; assist Gibong NIS Staff in the conduct of Information and Education Communication Campaign; provide data that are needed in the LARP documentation; and assist negotiators (negotiation team includes Right of Way Committee (ROW, ES, TS, and IDO) for land acquisition and compensation).

f) Right of Way Negotiation Committee (ROWNC)

The ROWNC is composed of capable IA members duly elected/appointed by the IA. In Gibong Leftbank there are five (5) IAs each has ROWNC whose members were trained on the process of proper negotiation which subsequently undergone the three (3) stages of negotiation process. This Committee is mainly responsible in negotiating the landowners to donate their affected lands traversed by the irrigation network to the IA as equity. The committee will be assisted by the Environmental Staff, Technical Staff and IDOs especially in the preparation, signing and notarization of legal documents such as DOA /DOD, submission of copies, processing and titling.

g) Property Valuation Committee (PVC)

This ad-hoc committee is responsible for the assessment of properties that will be affected by the ROW acquisition and will be involved in the PAPs compensation entitlements after the FMV has been agreed by all concerned sectors. The committee will also determine the replacement value of affected properties with the assistance of the NIA, IA and Municipal/National Assessors Office. This committee ceases to exist after the LARP has been implemented. h) Grievance Redress Committee (GRC)

The Grievances Redress Committee composed of representatives from various line agencies and PAPs will be responsible for dealing with grievance of PAPs concerning compensation issues. The process will involve the case or complaint being refereed first to the duly designated community organization, which will review its merit and/or provide immediate response. If the case cannot be acted upon or resolved at this level, and if found meritorious it will be referred to the Grievances Committee for appropriate action. j) Farmers Equity Generation Committee (FEGC)

The committee is responsible for the equity generation activities. It will assist the farmers to generate the needed equity from landowners or farmers, members or non-members; and will assist the farmers to identify the maximum limits, to use all the possible avenues for equity generation. They will coordinate with the other committee and NIA-Gibong ISO for the equity aspect of the LARP and effect proper recording of ROW and improvements of PAPs to b reflected into their individual equity share. k) Consultant Group

The Project Consultants specifically the Rural Sociologist/Resettlement Specialist will guide NIA-CPMO EnS in the planning and implementation of all activities under the Program Framework.

l) Irrigation Development Officer (IDO)

They will assist the ES to all TSAGs/IAs for data collection as well as extend assistance to ES for the conduct of other LARP activities.

29 m) Technical Staff (TS)

The Technical Staff is responsible for ROW site identification, re-routing of ROW if required, and will assist the ES for the technical explanation of land acquisition to PAPs during negotiation. n) Cooperating Agencies, Local Government Agencies (LGU), and Non- government Organizations (NGOs)

To be consulted by the TSAG/IA and ES for the assistance on re-titling of PAPs land, classification of land, and other concerns related to LARP implementation. o) Project Affected People/s (PAPs)

Those who will be affected by the ROW land acquisition for the development of irrigation facilities such as canals and construction of roads, will be compensated based on fair market value of the land and the improvements and will be subject of negotiation by the ROWC, ES, TS, and IDOs for the donation of land to IA as part of the IAs’ equity.

CPMO Consultant Consortium

NIA-RIO

Gibong ISO

IDO FS TS ES

Cooperating IA/TSAG Agency

LGU

NGOs

ROWNC PVC GRC FEGC

PAPs

Figure 5.1 Organizational Framework for the Gibong Left Bank LARP Implementation

6.0 Complaints & Grievance Redress Mechanism

6.1 Complaints & Grievance Procedure

64. The PAPs will participate throughout the various stages of ROW acquisition and land valuation. They will be dully informed and consulted and will be fully involved in meetings regarding the land acquisition and valuation which will be initiated by Gibong NIS office.

65. Complaints and grievances will be addressed initially by the IA ROW Committee responsible for negotiation and by the IA Committee on Equity Generation who are provided technical support by designated Sub-project staff, usually the IDO and ES are assigned to assist them. If the issue is not resolved at this level, formally endorsement of the issue for resolution by the IA Board of Directors to the Gibong NIS Head of Office is undertaken. If resolution is not arrived at, then it is endorsed to the RIO and CPMO.

6.2 Redress Procedure

66. The Grievance Redress Committee is a body tasked to respond to problems and issues resulting from the implementation of the LARP. It is responsible for ensuring compliance with the requirements for compensation and resettlement including provision of opportunities to the resettlers in form of livelihood and financing assistance. It is established to monitor and conduct hearing on the complaints and grievance of the affected families regarding their losses pertinent to the acquisition of land, and other assets including livelihood disturbance by the project.

67.. The Committee shall be composed of one representative from each of the following, which shall be chaired by the Chairman of the Provincial Appraisal Committee:

• The lead system IDO or the Environmental Staff of the system • CENR Officer (Community Environment and Resources Office, Prosperidad) • Chairman (Provincial Appraisal Committee, Province of Agusan del Sur) • LGU Representatives (Office of the City Mayor, Prosperidad) • President Federation of Irrigators’ Association, Inc. • Brgy. Captains • PAPs Representative

68. Hearings on cases of complaints shall be held and merits determined in a place near to the PAF/Ps community. The appropriate recommendation shall be forwarded to NIA- Gibong River Irrigation Office, Prosperidad Agusan del Sur for proper action. Monitoring on the course of action shall also be undertaken and feedback to the concerned complainant. In case, grievances will not be resolved at this level, the aggrieved party may file a case against any concerned person or institution in an appropriate court.

7.0 Public Participation & Disclosure

7.1 Consultation & Participation

69. To dispel worries and apprehensions caused by the ROW acquisition, consultation activities are undertaken. Promoting the consultation process is done by means of frequent information sharing with the stakeholders through meetings, house- to-house visits or other information-education-campaign tools.

70. For Gibong LBNIS, public information, consultation and participation in the LARP formulation and implementation started at the feasibility study stage of the subproject. Instrumental to its accomplishment is the Institutional Development Officer (IDO), Technical Staff (TS), and Environmental Staff (ES) assigned to the subproject. This is undertaken in the context of the Participatory Irrigation Management and Transfer Process (PIM&T). Table 7.1 shows the list of consultation activities undertaken for the sub-project.

Table 7.1 LIST OF CONSULTATION MEETINGS CONDUCTED WITH PAP/Fs

Consultation Participants Date Venue Highlights/Agreements Meetings 1. Consultation CPMO, Oct.27, NIA-GIBRIS ISO will delineate Meetings of Gibong SPMO,GIBRIS 2003 Office, remaining balance of Sub-project with Staff and IA Prosperidad, the total area w/c are CPMO, SPMO, Representatives Agusan del non-irrigable ( existing Consultants and Sur and extension) and GIBRIS Staff ROW for extension areas 2. ROWN Committee ROWNC March Kansilad Participants get oriented Training Members of all 20-21, Beach on LARP, concept of Leftbank IAs, 2004 Resort, negotiation & SIDO SPMO, Lianga, techniques, understand ESM SPMO, Surigao del the ROW Document and ESM CPMO, Sur formulated a workable ESM GIBRIS, policies in ROW TS, and IDO negotiation and formulated workable action plan 3. Consultation/ Orientation Meetings with the Project Affected Persons (PAPs)

a. Katagbawan IA PAPs, July Katagbawan PAPs oriented on ROWNC,IDOs, 13, Meeting SPISP goals and ESM Staff, TS 2004 Hall,PADS Objectives; purpose of b. Oplaku IA formulating RPPF; PAPs, July Opao, Las Project Equity ROWNC,IDOs, 20, Navas, Requirement; ESM Staff, TS 2004 PADS Categories of PAPs; c. Laludata IA PIMT; Condition for PAPs, July Lucahon, proceeding to civil works

33 ROWNC,IDOs, 21, Tagapua, implementation; ESM Staff, TS 2004 San Subproject and Specific Francisco, LARP and All PAPs d. Nedabasi IA ADS agreed to cooperate, PAPs, August Damilag, comply and social ROWNC,IDOs, 6, Pisaan, San acceptability of SPIS ESM Staff, TS 2004 Francisco, project and Socio e. Grasya IA ADS Economic Survey PAPs, Sept. Bgry. Hall, conducted per IA. ROWNC,IDOs, 3, Pisaan, ESM Staff, TS 2004 SFADS 4. Walk-thru Re: Identification of PAPs and ROW affected areas a. Katagbawan IA PAPs, June Left Main Identified all the Project ROWNC,IDOs, 23, canal, Affected Project ( PAPs) ESM Staff, TS 2004 Lateral A, and delineated the b. Oplaku IA PADS ROW affected Areas PAPs, June Left Main Identified all the Project ROWNC,IDOs, 24, Canal, Affected Project ( PAPs) ESM Staff, TS 2004 PADS and delineated the c. Laludata IA ROW affected Areas PAPs, June Lacaridad, Identified all the Project ROWNC,IDOs, 25, PADS and Affected Project ( PAPs) ESM Staff, TS 2004 Tagapua, and delineated the PADS ROW affected Areas d. Nedabasi IA PAPs, June Tagapua Identified all the Project ROWNC,IDOs, 26, and Pisaan, Affected Project ( PAPs) ESM Staff, TS 2004 SFADS and delineated the e. Grasya IA ROW affected Areas PAPs, July 4, Pisaan, Identified all the Project ROWNC,IDOs, 2004 SFADS Affected Project ( PAPs) ESM Staff, TS and delineated the ROW affected Areas 5. IA Consultation and ROWNC Re-orientation meeting on extension Areas a. Laludata IA ESM Staff, IDO, March Lucahon, Cascaded Approved IA Members, 21, Tagapua, Canal Design and route, PAPs and 2005 San updated ROW for ROWNC Francisco, 1,077.46 hectares and members ADS Re-oriented the b. Nedabasi IA ESM Staff, IDO, April 8, Damilag, ROWNC on LARP and IA Members, 2005 Pisaan, San ROW Negotiation PAPs and Francisco, principle and ROWNC ADS responsibilities. members c. Grasya IA ESM Staff, IDO, April 3, Bgry. Hall, IA Members, 2005 Pisaan, PAPs and SFADS ROWNC members

34 6. Walk-thru re: ROW Validation and Inventory of affected crops and trees

a. Laludata IA Inventory April Lucahon, Validated the ROW Committee,ESM 19, Tagapua, requirement and Staff, IDO, IA 2005 San conducted inventory of Members, PAPs Francisco, crops and structure and ROWNC ADS b. Nedabasi IA members Inventory April Damilag, Validated the ROW Committee,ESM 21, Pisaan, San requirement and Staff, IDO, IA 2005 Francisco, conducted inventory of Members, PAPs ADS crops and structure and ROWNC c. Grasya IA members Inventory June Pisaan, Validated the ROW Committee,ESM 9, SFADS requirement and Staff, IDO, IA 2005 conducted inventory of Members, PAPs crops and structure and ROWNC members 7. PAPs Consultation ESM Staff, June Lucahon PAPs oriented and and Disclosure IDOs, PAPs, 15, Hall, consulted on LARP and meeting of Leftbank ROWNC 2005 Tagapua, its new requirements; Service area San presented the ROW Francisco, Acquisition Table to ADS every PAPs; Arrived and agreed the Fair Market Value (FMV) for land at ( P21/sq.m.) and for crops and trees using the valuation matrix of Municipal Assessor Office based on the Approved schedule of base market values under the SP Ordinance No. 30 series of 200; and Mass Signing of Deed of Assignment (DOA) for Project Beneficiaries. 8. Consultation and IDOs, FIA June NIA-Gibris Updated and Consulted Disclosure meeting BODs, IA 16, Office, on LARP status and its with the Left Bank FIA BODs, ESM 2005 PADS new requirements General Assembly Staff (DOA,Waiver of Rights); Presentation of the agreed FMV for land and crops

35 71. NIA, primarily through the SPMO and the CARAGA Regional staff, regularly provides information about the Project and the land acquisition process to PAPs and the LGU officials before and during the LARP preparation. Subproject design and formulation for Gibong LBNIS started in year 2001 and the Environmental Impact Assessment (EIA) was initiated in the year of 2003. During the EIA exercise the municipal and barangay officials, the beneficiary farmers as well the community members of the areas that are affected by the development of irrigation facilities were informed of the project objectives and its likely positive and negative impacts. In the finalization of the feasibility study of the Gibong NIS, a group of IDOs, TS, and ES from GIBRIS with the assistance of CPMO staff was tasked to look at the land acquisition issues and concerns. Along this, several activities were undertaken that necessitated the participation of the affected households and the concerned barangays. The socio- economic survey, detailed asset inventory and plot mapping to determine exact size of the different plots required PAP participation consultation and dialogues were also conducted. Furthermore, to reassure the PAPs, several group meetings and dialogues were conducted together with the local officials and cooperating government agencies. Issues of land acquisition and compensation were discuss and settled during these meetings including agreeing in the Fair Market Value of land, crops and trees. The PAPs were allowed to decide the value for their affected properties.

72. Accordingly, it is recognized that the success of LARP implementation is highly dependent on the involvement and participation of the PAPs themselves, other stakeholders, barangay and municipal government officials and cooperating agencies. Thus, they need to be part of the decision making process and be responsible in ensuring the conduct of various critical activities specially related to the land acquisition, compensation and livelihood development. In the course of LARP implementation, all of these stakeholders will be continually consulted and asked to participate.

7.2 Gender Equity & Woman Participation

73. Female headed constitute about 12 percent of the total PAPs in the service area. Considering that the primary source of income of these households is farming, most women are involved in livelihood activities in addition to their primary role as household managers.

74. When compensation payments are effected, this will be done with both the husband and wife present and acknowledging its receipt. For those PAFs who would be provided with land replacement, title of the land will be in the names of both the husband and wife to ensure equity.

75. Organization, capability building and livelihood trainings and fund assistance will provide opportunities to both men and women but women will be given special attention. Women will also be involved in project monitoring and other undertaking by giving them opportunities to become members of different committees.

7.3 Disclosure

76. As part of the RPPF requirement and condition, PAPs should be fully informed and closely consulted on land acquisition, relocation, fair market value, donation and compensation options. The disclosure process allowed the PAPs to be aware of the size and value of their affected land and crops. To address this concern, several consultation/orientation meetings and trainings were conducted. An example of an orientation outline prepared by the ES of Gibong which was translated in to Cebuano

36 dialect is shown in Annex K, contained information such as description of the project; its objectives, benefits and impacts; possible land acquisition; and activities to be conducted to complete the Gibong LBNIS LARP preparation.

77. The orientation was conducted and will be conducted to complete information dissemination process for public disclosure. Copies of the Gibong LARP in English will be available at the ADB Headquarters in Manila and will be published in the ADB website for appropriate disclosure.

8.0 LARP Implementation Process

8.1 Pre-condition to Civil Works Implementation

78. As per RPPF, before construction can begin for any subproject, the LARP should first be formulated and measures implemented so that the PAPs are first compensated. The Gibong LBNIS currently irrigates some 436.99 has. for which ROW of 10.508 has. for the various facilities had already been utilized but no legal documents of donation. The improvement and rehabilitation activities will not require additional ROW acquisition but subject to donation. However, the result of such rehabilitation will generate additional irrigated areas (640.50 ha), which will require additional ROW acquisition. Furthermore, in the extension areas (640.50 has.), ROW will need to be negotiated and acquired. Accordingly, impact assessment was undertaken where PAF/Ps were identified, census conducted and the scope of impact assessed through inventory and valuation of affected lots. Negotiation on the valuation for equity generation and donation as well as cash compensation for land improvement had to be concluded before construction can begin.

8.2 Schedules

79. The LARP Implementation Process for Gibong LBNIS has been divided into three phases: 1- Pre Construction Phase 2- Construction Phase and 3 – Post Construction Phase. The major activities are presented in Table 8.1. There are 8 major activities under pre-construction phase prior to LARP documentation. On the other hand under construction Phase 5 major activities have been cited. It also includes Monitoring and Evaluation schedule for the LARP implementation is a part construction activity. Some activities are not applicable in some areas of the service areas with PAPs because some activities were conducted as early of 2003 as part of the Detailed Design Phase (second phase of the project, other phases are Feasibility Studies, Construction Phase, and System Management and Agricultural Development Phase) of the Project. Data gathered before 2003 were utilized for the documentation while data not on hand were gathered to complete data gaps.

8.2.1 Pre-Construction Phase

80. The IA ROW committee is the primary group responsible for the signing of the Deed of Assignment by the Beneficiary PAPs and the Deed of Donation and Waivers by the Non Beneficiary PAPs, incase the latter has decided to donate his ROW Land to the IA.

8.2.2 Construction Phase

81. LARP Implementation starts after the LARP has been approved by the ADB and NIA Management. Activities covered in the construction phase include proper

37 documentation of the compensation conversion to equity for the Beneficiary PAPs as well as properties donated to the IA for its equity by Non Beneficiary PAPs.

82. Another critical activity which has to be undertaken during this phase is the re- survey , segregation, re-titling and registration of ROW affected lands. The output of this activity will be land titles in the name of the individual PAPs and their spouses where the ROW areas have been separated and land title of the consolidated ROW areas subjected to DOA and DOD in the name of the IA. The activity can be pursued with he help of NIA surveyor or thru a private surveyor.

83. In relation to entitlement, the Non-Ben PAP’s are the priority target for the livelihood program. The fund allocation for this activity was established based on the available project funds. The implementation of the program will push through upon approval of ADB. The implementation is site specific using Participatory Rapid Appraisal (PRA) in determining the needs of the area. After conducting (PRA), preparation of plan and proposal will follow and will be submitted to the head of office for approval.

8.2.3 Post- Construction Phase

84. At Post-Construction Phase a regular M/E of the LARP implementation will be undertaken by NIA CPMO and an external monitoring group formed for the purpose of ensuring the NIA compliance to the issued ECC for Gibong RIS. The LARP implementation and monitoring will continue beyond the project completion date. The external monitoring group will monitor quarterly.

Table 8.1. Land Acquisition and Resettlement Plan and Schedule Activities In-charge 2004 2005 2006 2007 2008 A. Pre-Construction Phase ( Before Negotiation Stage) 1. Coordinate and Preparation of ES, SPMO, TS Layout Map of Canal Route. 2. Gathered List of Identified ES, SPMO, IDO PAPs. a. Existing b. Extension 3. Conduct Orientation Meeting to ES, IDO, SPMO the PAPs. and IA’s a. Beneficiaries b. Non-Beneficiaries 4. Conduct of SES with the IA. ES, IDO, IAs, a. Survey Form Prep’n. SPMO b. Orientation to IA 5. Conduct of Orientation and SPMO, ES, IAs, Property Valuation with the IA IDO Committee 6. Conduct of Inventory of Assets TS, SPMO, ES, and Land Improvement. IDO, IAs 7.Conduct of Trainings IA, ES, IDO, SPMO

( Actual Negotiation Stage) ES, IDO, IAs 8. ROW Negotiation and Signing of DOD and DOA. a. Presentation of FMV b. Disclosure Meetings c. House Visit and Signing of ROW Documents ( Post Negotiation Stage) d. Notarization of ROW Documents e. Submission of ROW Documents copies to ISO, SPMO,CPMO and IA

9. LARP Documentation ES, CPMO,CC

10. LARP Submission to ADB ES, CPMO,CC

B. Construction Phase

1. Documentation of ES, SPMO Compensation 2. LARP Implementation ES, SPMO, CPMO

3. Land Survey, Segregation and ES,SPMO, IAs Titling 4. Awarding of titles to PAPs ES, SPMO, CPMO 5. Implementation of Livelihood ES,SPMO, IAs Program for PAPs .

39 C. Post-Construction 1. LARP Monitoring and Evaluation ES, CPMO, MMT a. Internal Monitoring ES, CPMO b. External Monitoring

Legend:

- Accomplished -Work to be done

9.0 Supervision & Monitoring

9.1 Internal Monitoring

85. The monitoring system is established to ensure compliance with the requirements for compensation, relocation, IA equity generation and opportunities provided the PAPs on livelihood development and financing. The CPMO will undertake regular review of the process of implementation of the plan. At the field level, a committee, including the Gibong ES, TS, IDOs and representatives from the PAPs has been tasked with monitoring and evaluation of the LARP as part of the compliance to the EIA process.

86. Similarly, the Grievance Redress Committee, which is participated by PAPs, is tasked with addressing complaints and problems with regard to land acquisition and compensation issues.

87. As part of monitoring mechanism, the CPMO and the consultant group will evaluate the implementation and outcome of the LARP. Based on the implementation of LARP, a more detailed monitoring and evaluation plan will be developed. Table 9.1 shows some indicators for internal monitoring. The results of the monitoring and evaluation activities with appropriate recommendation will be submitted to NIA officials and community concerned. This will serve as basis for succeeding dialogues and community consultation.

Table 9.1 Indicators for Internal Monitoring Indicator to Measure Effectiveness of Basis for Indicator the LARP

Budget and Time Frame Adequate budget available on time to meet the schedule of activities

Consultation on Grievances and Special Grievances and special issues of all stakeholders Issues especially the vulnerable (indigenous people, women, children) are addressed.

Compensation and Equity Generation Proper recording/documentation of the compensation payment and conversion to equity.

Livelihood Development and Financing Trainings for restoration of income and improvement of living standard

Land Segregation Survey, Re-titling and No. of lots segregated, surveyed and ROW Area TCT Registration titled in the name of IA

Others Social and environmental issues such as sanitation, cutting of trees, etc

9.2 External Monitoring

88. To complement the monitoring to be undertaken by the NIA, the Multi-Partite Monitoring Team ( MMT) created for monitoring the sub-projects in compliance to the ECC provisions will also monitor LARP implementation.

10. LARP Cost & Budget

10.1 Budget Requirement

89. The Gibong LBNIS will require the following budget for the acquisition, compensation and development of the LARP as shown in detailed in Table 10.1.

Table 10.1 Budget for GLBNIS LAR

Items Quantity Unit Cost Cost ( PhP) Fund Source Comments/ Assumptions

ADB GOP IA 1. LARP 1.5 300,000 450,000.00 X Component Development Cost preparatory works in the LARP Formulation. (at 300,000/year x 1.5 years) 2. Land Acquisition 18.08482 210,000 3,797,812.20 2,848,359.15 949,453.05 This covers Cost. cost at PhP 21/m2 (18.14496 ha)- total affected area 3. Land Segregation 2,352,000.00 1,764,000.00 588,000.00 Total cost and Titling covering 18.14496 ha for land segregation/sur vey works and land titling.

98 18,000.00 1,764,000.00 Cost/lot = P a. Survey and 18,000.00 Documentation 98 6,000.00 588,000.00 b. Land Titling/TCT Registration Fees at Register of Deeds for Cost/lot = P 98 lots 6,000.00

4. Compensation for 53,169.00 X Total amount Damages to Crops/Trees 5. Livelihood Fund 200,000.00 X The project will promote through NGO livelihood trainings for the PAPs.

41 6. Evaluation Study 100,000.00 X This budget is allocated to a. External Monitoring 50,000.00 ensure the b. Internal Monitoring 50,000.00 LAR Impact will be monitored. Subtotal 7,052,981.20 850,000.00 4,665,528.15 1,537,453.05 Contingency 374,018.80 68,000.00 373,242.25 122,996.24 5 % of the total cost

Grand Total 7,427,000.00 918,000.00 5,038,770.40 1,660,449.29

Note: The Budget includes the cost for the acquisition of land and crops and trees for beneficiaries and non-beneficiaries who opted to donate for equity

10.2 Flow of Funds

90. Compensation fund shall be provided by NIA as part of the SPISP budget. The allocation for the LARP shall be part of GLBNIS Sub-project budget. Disbursement of any cash compensation for the cost assets as well as for the acquisition and development of the affected lands shall through the Gibong ISO under standard operating procedure.

91. All Payment transactions shall be concurred by the concerned PAPs and duly witnessed by designated representative of the LGU.

42 REFERENCES

Asian Development Bank, 1998. Handbook on Resettlement: A Guide to Good Practice. Manila, Philippines.

Southern Philippines Irrigation Sector Project (SPISP), May 2002. Feasibility Study of Gibong RIS Rehabilitation and Extension Subproject (GRISREP), Province of Agusan del Sur. Quezon City, Philippines.

SPISP, NIA and PGAN Resettlement Policy and Program Framework, 2002

SPISP, Can-asujan Land Acquisition and Resettlement Plan, May 2003

Hassal and Associates Pty, 1998. Ltd., Southern Philippines Irrigation Sector Project (ADB TA No. 2841-PHI)- Final Report. Quezon City, Philippines.

National Statistics Office, July 2003. Notes on the Official Poverty Statistics in the Philippines

RA 8974 – An act to facilitate the acquisition of Right-of-Way, Site or location for National Government Infrastructure projects and for other purposes. Nov. 7, 2000

RA 8974- Implementing Rules and Regulations, Feb. 9, 2001

List of Individual PAPs their N Total Landholding and ROW Requirement E X

A List of Individual PAPs, their Total Landholding, ROW Requirement and Equity Requirement and Generated RIGHT OF WAY NAME OF CANAL LEFT MAIN CANAL LAND ROW % on Total Equity STATION NAME TOTAL CANAL ROWTotal TAX TITLED Equity Difference / LOT No.PLS No. of Landholding LOCATION ADDRESS Length Width ROAD Area DECLARATION Number Requirement Generated Excess of Type of PAPs 2 Landholdin From To Land Owner (Ha.) (m) (m) m Number Equity STATUS gs per PAP 0 + 000 0 + 541 Close Conduit 0 + 541 1 + 560 Poblacion, PADS 1 + 560 1 + 750 4474 43 Bernabe Balacuit Applied 6.37 PADS Alviola Vill. Km.5, Baan, Butuan City 190 14.50 2,755.00 4.32 02-01001-03372 141,736 57,855 83,881 Beneficiary 1 + 750 1 + 890 897 43 Dionesia Layno Applied 1.4000 PADS Prosperidad, ADS 140 14.50 2,030.00 14.50 96-01001-00809 31,151 42,630 (11,479) Beneficiary 1 + 890 1 + 990 900 43 Simplicio Sampiano Applied 0.8260 PADS Calinawan, PADS 100 14.50 1,450.00 17.55 02-01001-03411 18,379 30,450 (12,071) Beneficiary 1 + 990 2 + 120 901 43 Eufronio Lira Titled 3.64 PADS Calinawan, PADS 130 14.50 1,885.00 5.18 02-01001-03459 80,992 39,585 41,407 Beneficiary 2 + 120 2 + 130 Proposed Road 10 14.50 145.00 2 + 130 2 + 290 912 43 Romeo Angcon Applied 7.9821 PADS Calinawan, Prosperidad, ADS 160 14.50 2,320.00 2.91 02-01001-03464 177,606 48,720 128,886 Beneficiary 2 + 290 2 + 400 911 43 Crecencio Morgado Applied 1.1520 PADS Prosperidad,ADS 110 14.50 1,595.00 13.85 02-01001-03466 25,633 33,495 (7,862) Beneficiary 2 + 400 2 + 410 Proposed Road 10 14.50 145.00 2 + 410 2 + 620 913 43 Elly Allan Angchangco Titled 13.0600 Las Navas Las Navas, PADS 210 12.80 2,688.00 2.06 02-01008-00029 290,592 56,448 234,144 Beneficiary 2 + 620 2 + 630 Proposed Road 10 12.80 128.00 2 + 630 2 + 740 925 43 Hanney Alapag Applied 0.9630 PADS Purok 12, PADS 110 12.80 1,408.00 14.62 02-01001-02166 21,427 29,568 (8,141) Beneficiary 2 + 740 3 + 080 913 43 Elly Allan Angchangco Titled 13.0600 Las Navas Las Navas, PADS 340 12.80 4,352.00 3.33 02-01008-00029 91,392 Beneficiary 3 + 080 3 + 090 Proposed Road 10 12.80 128.00 3 + 090 3 + 220 921 43 Cesario Barol Applied 1.7900 Las Navas Poblacion, Prosperidad, ADS 130 12.80 1,664.00 9.30 02-01008-00054 39,828 34,944 4,884 Beneficiary 3 + 220 3 + 260 923 43 Potenciana Layno Applied 2.2000 Las Navas La Suerte, PADS 40 12.80 512.00 2.33 02-01008-00057 48,951 10,752 38,199 Beneficiary 3 + 260 3 + 460 920 43 Tomas Morales Sr. Applied 5.2500 Las Navas Bliss, Poblacion, PADS 200 12.80 2,560.00 4.88 02-01008-00052 116,815 53,760 63,055 Beneficiary 3 + 460 3 + 660 4223 43 Florencia Tagarao Applied 4.9300 PADS Poblacion, Prosperidad, ADS 200 12.80 2,560.00 5.19 02-01001-00840 109,695 53,760 55,935 Beneficiary 3 + 660 3 + 720 Proposed Road 60 11.80 708.00 3 + 720 3 + 920 940 43 Wilmer Paracale Applied 4.00 Salvacion Bayobo, Salvacion, PADS 200 11.80 2,360.00 5.90 02-01021-00533 89,002 49,560 39,442 Beneficiary 4 + 920 4 + 050 941 43 Mila Jandayan Titled 6.66 Salvacion Poblacion, Prosperidad, ADS 130 11.80 1,534.00 2.30 02-01021-00503 148,188 32,214 115,974 Beneficiary 4 + 050 4 + 130 942 43 Bernabe Bedra Jr. Titled 3.76 Salvacion Canayugan, Bayugan, ADS 80 11.80 944.00 2.51 02-01021-00546 T-2005-0024133 83,662 19,824 63,838 Beneficiary 4 + 130 4 + 190 944 43 Diego Galdiano Titled 3 Salvacion Poblacion, Prosperidad, ADS 60 11.80 708.00 2.36 02-01021-00548 T-5716 66,752 14,868 51,884 Beneficiary 4 + 190 4 + 380 945 43 Leonila Vidal Titled 4.0000 Salvacion Salvacion, PADS 190 11.80 2,242.00 5.61 02-01021-00552 89,002 47,082 41,920 Beneficiary 4 + 380 4 + 640 3780 43 Josephine Vidal Titled 2.0000 Salvacion Salvacion, PADS 260 11.80 3,068.00 15.34 02-01021-00560 44,501 64,428 (19,927) Beneficiary 4 + 640 4 + 650 Proposed Road 10 11.80 118.00 4 + 650 4 + 670 951 43 Nieva Navos Applied 1.6500 Salvacion Poblacion, Prosperidad, ADS 20 11.80 236.00 1.43 02-01021-00569 36,713 4,956 31,757 Beneficiary 4 + 670 4 + 680 Proposed Road 10 11.80 118.00 Beneficiary 4 + 680 4 + 850 950 43 Wilfredo Laurente Titled 8.7600 Salvacion Poblacion, Prosperidad,ADS 170 11.80 2,006.00 2.29 02-01021-00570 194,914 42,126 152,788 Beneficiary 4 + 850 4 + 860 Proposed Road 10 11.80 118.00 Beneficiary 4 + 860 5 + 115 954 43 Maria Galdiano Titled 3.0000 Salvacion Bayobo, Salvacion, PADS 255 11.80 3,009.00 10.03 02-01021-00580 66,752 63,189 3,563 Beneficiary 1608.00 43,886.00 4.388600 KATAGBAWAN IA Lateral A 0 + 000 0 + 250 4225 43 Severo Malvar Titled 1.60500 Las Navas Prosperidad, ADS 250 9.70 2,425.00 15.11 02-01008-00067 35,712 50,925 (15,213) Beneficiary 0 + 250 0 + 520 4224 43 Severo Malvar Titled 10.1600 Las Navas Prosperidad, ADS 270 9.70 2,619.00 2.58 02-01008-00068 226,065 54,999 171,066 Beneficiary 0 + 520 0 + 620 4506 43 Anatalia Rafosala Titled 1.32000 Las Navas P 7, Poblacion, PADS 100 9.70 970.00 7.35 02-01008-00071 29,371 20,370 9,001 Beneficiary 0 + 620 0 + 910 938 43 Severo Malvar Titled 0.89000 Las Navas Prosperidad, ADS 290 9.70 2,813.00 31.61 02-01008-00072 19,803 59,073 (39,270) Beneficiary 0 + 910 0 + 920 Proposed Road 10 9.70 97.00 0 + 920 1 + 010 939 43 Dodong Angchangco Titled 2.49000 Las Navas La Suerte, PADS 90 9.70 873.00 3.51 02-01008-00088 55,404 18,333 37,071 Beneficiary 1 + 010 1 + 180 939 43 Dodong Angchangco Titled 2.49000 Las Navas La Suerte, PADS 170 4.85 824.50 3.31 02-01008-00088 55,404 17,315 38,089 Beneficiary 1 + 010 1 + 180 2556 43 Anacleto Pugahan Applied 2.78 Las Navas Poblacion, PADS 170 4.85 824.50 2.97 02-01008-00409 61,856 17,315 44,542 Beneficiary 121.1881 97.00 11,349.00 0.94 1.134900 OPLAKU IA ( LEFT MAIN CANAL) 5 + 115 5 + 360 954 43 Maria Galdiano Titled 3.0000 Salvacion Bayobo, Salvacion, PADS 245 11.80 2,891.00 9.64 02-01021-00580 66,752 60,711 6,041 Beneficiary 5 + 360 5 + 390 2565 43 Veronica Vidal Titled 2.5800 Las Navas Las Navas, PADS 30 11.80 354.00 1.37 02-01008-00481 57,406 7,434 49,972 Beneficiary 5 + 390 5 + 440 959 43 Condrado Batisting Applied 0.7850 Las Navas Poblacion, PADS 50 11.80 590.00 7.52 17,467 12,390 5,077 Beneficiary 5 + 440 5 + 570 958 43 Gipeles Taburlong Applied 8.3 Salvacion Salvacion, PADS 130 11.80 1,534.00 1.85 02-01021-00577 184,679 32,214 152,465 Beneficiary 5 + 570 5 + 840 956 43 Teofilo Goloran Applied 3.53 Las Navas P-21, PADS 270 11.80 3,186.00 9.03 02-01008-00499 78,544 66,906 11,638 Beneficiary 5 + 840 5 + 870 4505 43 Gerry Vidal Applied 2 Las Navas PADS 30 11.80 354.00 1.77 02-01008-00513 44,501 7,434 37,067 Beneficiary 5 + 870 6 + 060 2864 43 Isidro Goloran Applied 3.6800 Las Navas Las Navas, PADS 190 11.80 2,242.00 6.09 02-01008-00520 81,882 47,082 34,800 Beneficiary 6 + 060 6 + 070 Proposed Road 10 11.80 118.00 6 + 070 6 + 160 2845 43 Rodulfo Sapalo Applied 5.4 Las Navas San Martin, PADS 90 11.80 1,062.00 1.97 02-01025-00267 120,153 22,302 97,851 Beneficiary 6 + 160 6 + 300 2457 43 Florencio Taburlong Applied 3.6000 Las Navas Las Navas, PADS 140 11.80 1,652.00 4.59 02-01008-00526 80,102 34,692 45,410 Non-Ben 6 + 300 6 + 420 2456 43 Timoteo Salinas Applied 5.0000 Las Navas Salimbogaon, PADS 120 11.80 1,416.00 2.83 02-01008-00527 111,253 29,736 81,517 Non-Ben 6 + 420 6 + 520 2436 43 Rogenio Barbacal Applied 6.0000 Las Navas Las Navas, PADS 100 11.80 1,180.00 1.97 02-01008-00539 133,503 24,780 108,723 Non-Ben 6 + 520 6 + 600 2415 43 Hermogenes Galdiano Applied 5.5000 Las Navas Las Navas, PADS 80 11.80 944.00 1.72 02-01008-00571 122,378 19,824 102,554 Non-Ben 6 + 600 6 + 700 3302 43 Epedio Alboria Applied 4.8500 La Caridad La Caridad, PADS 100 11.70 1,170.00 2.41 02-01005-00023 107,915 24,570 83,345 Non-Ben 6 + 700 6 + 830 2410 43 Carlos Denaque Titled 5.8000 Las Navas Las Navas, PADS 130 11.70 1,521.00 2.62 02-01008-00562 129,053 31,941 97,112 Beneficiary 6 + 830 6 + 930 2420 43 Adolfo Pelong Applied 3.0000 Las Navas Las Navas, PADS 100 11.70 1,170.00 3.90 02-01008-00564 66,752 24,570 42,182 Beneficiary RIGHT OF WAY NAME OF CANAL LEFT MAIN CANAL LAND ROW % on Total Equity STATION NAME TOTAL CANAL ROWTotal TAX TITLED Equity Difference / LOT No.PLS No. of Landholding LOCATION ADDRESS Length Width ROAD Area DECLARATION Number Requirement Generated Excess of Type of PAPs 2 Landholdin From To Land Owner (Ha.) (m) (m) m Number Equity STATUS gs per PAP 6 + 930 7 + 030 2421 43 Casiano Cabahug Applied 4.4800 Las Navas Las Navas, PADS 100 11.70 1,170.00 2.61 02-01008-00567 99,682 24,570 75,112 Beneficiary 7 + 030 7 + 110 2432 43 Jimmy Corvera Applied 6.1200 La Caridad La Caridad, PADS 80 11.70 936.00 1.53 02-01005-00015 136,173 19,656 116,517 Beneficiary 7 + 110 7 + 315 2430 43 Pablo Goloran Applied 10.8100 La Caridad La Caridad, PADS 205 11.70 2,398.50 2.22 02-01005-00002 240,528 50,369 190,159 Beneficiary 7 + 315 7 + 550 2431 43 Felimon Goloran Applied 12.5100 La Caridad La Caridad, PADS 235 11.70 2,749.50 2.20 02-01005-00014 278,354 57,740 220,614 Beneficiary 7 + 550 7 + 640 2432 43 Jimmy Corvera Applied 6.1200 La Caridad La Caridad, PADS 90 11.70 1,053.00 1.72 02-01005-00015 136,173 22,113 114,060 Beneficiary 7 + 640 7 + 710 2453 43 Anastacio Amores Titled 3.7000 La Caridad Napo, PADS 70 11.70 819.00 2.21 02-01005-00009 82,327 17,199 65,128 Beneficiary 7 + 710 7 + 850 2469 43 Wenefredo Morales Titled 3.3000 La Caridad Poblacion, PADS 140 11.70 1,638.00 4.96 02-01005-00034 73,427 34,398 39,029 Beneficiary 7 + 850 7 + 930 2469 43 Wenefredo Morales Titled 3.3000 La Caridad Poblacion, PADS 80 10.60 848.00 2.57 02-01005-00034 73,427 17,808 55,619 Beneficiary 7 + 930 8 + 050 2470 43 Epifanio Morales Titled 7.18 La Caridad Napo, PADS 120 10.60 1,272.00 1.77 02-01005-00035 159,759 26,712 133,047 Beneficiary 8 + 050 8 + 160 2471 43 Estrella Morales Titled 6.52 La Caridad La Caridad, PADS 110 10.60 1,166.00 1.79 02-01005-00036 145,073 24,486 120,587 Beneficiary 8 + 160 8 + 170 Proposed Road 10 10.60 106.00 Beneficiary 8 + 170 8 + 270 5 43 DAR Titled 2.75 Salvacion 100 10.60 1,060.00 3.85 02-01021-00577 CLOA-OCT-D-3991 61,189 22,260 38,929 Beneficiary 8 + 270 8 + 360 6 43 DAR Titled 2.49000 Salvacion 90 10.60 954.00 3.83 02-01021-00343 CLOA-OCT-D-3992 55,404 20,034 35,370 Beneficiary 8 + 360 8 + 470 7 43 DAR Titled 2.5100 Salvacion 110 10.60 1,166.00 4.65 02-01021-00339 CLOA-OCT-D-3993 55,849 24,486 31,363 Beneficiary 8 + 470 8 + 480 Proposed Road 10 10.60 106.00 8 + 480 8 + 610 2480 43 Jose Libando Titled 5.0400 La Caridad La Caridad, PADS 130 10.60 1,378.00 2.73 02-01005-00334 112,143 28,938 83,205 Beneficiary 8 + 610 8 + 720 8 43 DAR Titled 2.4700 Salvacion 110 10.60 1,166.00 4.72 02-01021-00334 CLOA-OCT-D-3996 54,959 24,486 30,473 Beneficiary 8 + 720 8 + 800 2499 43 Luciano Bensig Title 6.9182 La Caridad La Caridad, PADS 170 9.5 1615 2.33 02-01005-00057 T-12385 153,933 33,915 120,018 Beneficiary 8 + 720 8 + 800 4446 43 Bonifacio Paderos Title 2.0320 La Caridad P-6, Brgy. 3, SFADS 200 9.5 1900 9.35 02-01005-00417 T-15080 45,213 39,900 5,313 Beneficiary 8 0+00800 9 + 000 2497 43 Felixberto Lirasan Applied 7.8429 La Caridad La Caridad, PADS 130 9.4 1222 1.56 02-01005-00066 174,508 25,662 148,846 Beneficiary 9 + 000 9 + 200 2496 43 Cresencio Vidal Applied 10.1632 La Caridad La Caridad, PADS 140 9.4 1316 1.29 02-01005-00070 226,136 27,636 198,500 Beneficiary 9 + 200 9 + 220 2495 43 Reynaldo Osigan Applied 7.5650 La Caridad La Caridad, PADS 190 9.5 1805 2.39 02-01005-00072 168,325 37,905 130,420 Beneficiary 9 + 220 9 + 400 2485 43 Centiquez Osigan Applied 4.4009 La Caridad La Caridad, PADS 100 9.5 950 2.16 02-01005-00074 97,922 19,950 77,972 Beneficiary 181.2472 330.00 49,848.00

Note: Total Chargeable Cost- 96,076,769.72 Total Equity Requirement 24,019,192.43 Total Service Area 1,079.49 Total Equity Requirement per hectare 22,250.50 Total Equity Requirement per PAP = Total LandHolding of PAP x Total Equity Requirement per hectare

Summary of Socio-Economic N Survey Data of Gibong Left Bank NIS E X

B RIGHT OF WAY NAME OF IA LALUDATA and NEDABASI, NAME OF CANAL LEFT MAIN CANAL NAME LAND TOTAL CANAL ROW TAX Total Equity Equity Difference / Type of STATION LOT No. PLS No. of Landholding LOCATION ADDRESS Length Width ROAD Area DECLARATION Titled Requirement Generated Excess of From To Ladowner STATUS (Has.) (m) (m) ( m2.) No. No. per PAP Equity PAPs LALUDATA IA 2484 43 Heirs of Francisco Noja/ Samuel Pajada Applied 6.6693 La Caridad La Caridad, PADS 160 9.5 1,520.00 02-01005-00094 148,395 31,920.00 116,475.26 Beneficiary 9 + 400 9 + 600 2492 43 Candido Noja Title 12.6470 La Caridad La Caridad, PADS 230 9.5 2,185.00 02-01005-00325 281,402 45,885.00 235,517.07 Beneficiary 9 + 600 9 + 800 Barangay Road 6 9.5 57 5454 67 Bernal Sotiar Applied 2.0000 Tagapua, SFADS San Francisco, ADS 160 9.5 1,520.00 02-08027-00374 44,501 31,920.00 12,581.00 Beneficiary 9 + 800 10 + 000 5465 67 Sotero/Jesus Osigan Title 10.0000 La Caridad La Caridad, PADS 270 9.5 2,565.00 02-01005-00340 222,505 54,343.00 168,162.00 Beneficiary 10 + 000 10 + 280 5687 67 Genaro Daluyo Title 3.9200 La Caridad La Caridad, PADS 100 9.4 940.00 02-01005-00348 87,222 26,680.00 60,541.96 Beneficiary 10 + 280 10 + 360 5688 67 Felix Berdon/ Floro Teñola Title 1.1750 Patin-ay La Caridad, PADS 220 9.4 2,068.00 02-01019-01544 26,144 43,428.00 (17,283.66) Beneficiary 10 + 360 10 + 600 5689 67 Margarita Collera/ Letecia Cabuntucan Title 5.2430 Patin-ay Kapatungan, Trento,ADS 90 9.4 846.00 02-01019-01529 116,659 17,766.00 98,893.37 Beneficiary 5462 67 Hilarion Suzarno Title 3.8980 La Caridad San Francisco, ADS 130 9.4 1,222.00 02-01005-00415 T-2879 86,732 27,835.00 58,897.45 Beneficiary 10 + 600 10 + 660 5461 67 Ireneo Cale/Modesto Seclon Conflict 1.7104 La Caridad La Caridad, PADS 70 9.4 658.00 02-01005-00362 38,057 16,926.00 21,131.26 Beneficiary 10 + 660 10 + 800 5460 67 Aurelio Sotiar Applied 4.0000 Pisaan,SFADS Pisaan, San Francico, ADS 60 9.4 564.00 02-08023-00481 89,002 11,844.00 77,158.00 Beneficiary 10 + 800 10 + 880 5457 67 Meliton Mabras/ Rogelio Ayaton Applied 5.0000 Tagapua, SFADS Lucahon, Tagapua, SFADS 120 9.4 1,128.00 02-08027-00336 111,253 26,641.00 84,611.50 Beneficiary 5455 67 Reny Tulio Applied 3.7145 Tagapua, SFADS San Francisco, ADS 30 9.4 282.00 02-08027-00362 82,649 5,922.00 76,727.48 Beneficiary 10 + 880 11 + 200 5422 67 Leah Guelos/ Digna Dumagpi Title 2.0000 Tagapua, SFADS Brgy. 2 San Francisco, ADS 400 9.4 3,760.00 02-08027-00028 44,501 78,960.00 (34,459.00) Beneficiary 11 + 200 11 + 600 5420 67 Valeriano Llameca Title 10.0000 Pisaan,SFADS San Francisco, ADS 530 9.4 4,982.00 02-08023-00493 222,505 104,622.00 117,883.00 Beneficiary 5395 67 Enerio Osigan Applied 3.5000 Tagapua, SFADS Tagapua, San Francisco, ADS 30 9.4 282.00 02-08027-00387 77,877 5,922.00 71,954.75 Beneficiary 75.4772 24,522.00 NEDABASI IA 11 + 600 12 + 220 5394 67 Pablo Labastida/ Ricardo Crausos Applied 10.0000 Tagapua, SFADS Tagapua, San Francisco, ADS 420 9.3 3,906.00 02-08027-00388 222,505 102,773.00 119,732.00 Beneficiary 12 + 220 12 + 550 5527 67 Carlos Finlac Applied 4.1140 Tagapua, SFADS Brgy. 4 San Francisco, ADS 60 9.3 558.00 02-08027-00074 91,539 11,718.00 79,820.56 Beneficiary Barangay Road 18 9.3 167.4 14.1140 4,464.00 LALUDATA IA 12 + 550 12 + 600 5396 67 Juan Peritos Applied 10.5140 Tagapua, SFADS Tagapua, San Francisco, ADS 280 9.3 2,604.00 02-08027-00394 233,942 54,684.00 179,257.76 Beneficiary 12 + 600 13 + 010 5397 67 Ronald Peritos/Ronald Baldos Conflict 5.0000 Tagapua, SFADS San Francisco, ADS 460 9.3 4,278.00 02-08027-00395 111,253 89,838.00 21,414.50 Beneficiary 13 + 010 13 + 285 5057 67 Catalina Garcia/Jaime Encarnacion Conflict 9.4557 Tagapua, SFADS Tagapua, San Francisco, ADS 285 8.4 2,394.00 02-08027-00398 210,394 50,274.00 160,120.05 Beneficiary Rolando Noja/ Melencio Noja 5261 67 Benedicto Palencia Conflict 8.5000 Tagapua, SFADS Tagapua, San Francisco, ADS 170 8.4 1,428.00 02-08027-00399 189,129 29,988.00 159,141.25 Beneficiary 5524 67 Zacarias Millana Applied 10.0000 Tagapua, SFADS San Francisco, ADS 330 8.4 2,772.00 02-08027-00401 222,505 58,212.00 164,293.00 Beneficiary 13 + 285 13 + 615 5260 67 Josefina Torion Applied 10.0000 Tagapua, SFADS Tagapua, San Francisco, ADS 330 8.0 2,640.00 02-08027-00400 222,505 55,440.00 167,065.00 Beneficiary Barangay Road 18 8.0 144 13 + 615 13 + 975 5256 67 Teodoro Ruiz Applied 11.6269 Tagapua,SFADS Tagapua, San Francisco, ADS 335 8.0 2,680.00 02-08027-00424 258,704 56,280.00 202,424.34 Beneficiary 65.0966 368.40 18,796.00

- - RIGHT OF WAY NAME OF IA LALUDATA, NEDABASI, GRASYA NAME OF CANAL Lateral C NAME LAND TOTAL CANAL ROWROW % on TAX DECLARATION TITTLED Total Equity Equity Difference / Type of STATION LOT No. PLS No. of Landholding LOCATION ADDRESS Length Width ROAD Area Total Number Number Requirement Generated Excess of Landholding From To Landowner STATUS (Has.) meter meter ( m2.) per PAP Equity PAPs s LALUDATA IA 0 + 000 0 + 200 5397 67 Ronald Peritos/ Ronald Baldos Conflict 5.00 Tagapua, SFADS San Francisco, ADS 220 9.4 2,068.00 4.14 02-08027-00395 111,252.50 47,218.00 64,034.50 Beneficiary 0 + 200 0 + 400 5521 67 Emma Vincoy Applied 10.15 Tagapua, SFADS Tagapua, San Francisco, ADS 240 9.4 2,256.00 2.22 96-08027-00052 225,909.33 47,376.00 178,533.33 Beneficiary 5522 67 Armando Culintas/Nasario Repaso/Robert Patrolla Applied 5.00 Tagapua, SFADS Tagapua, San Francisco, ADS 50 9.4 470.00 0.94 96-08027-00084 111,252.50 9,870.00 101,382.50 Beneficiary 5381 67 Candido Sobaldo Applied 3.00 Tagapua, SFADS Tagapua, San Francisco, ADS 40 9.4 376.00 1.25 66,751.50 7,896.00 58,855.50 Beneficiary 23.15 5,170.00 NEDABASI IA - - - 0 + 400 0 + 700 5520 67 Narsisa Lambeste/ Tito Cañedo Jr. Applied 4.97 Tagapua, SFADS San Francisco, ADS 240 9.4 2,256.00 4.54 02-08027-00406 110,676.21 50,528.00 60,148.21 Beneficiary 0 + 700 0 + 900 5519 67 Alfredo Dacera/ Alex Amador Applied 5.00 Tagapua, SFADS Borbon, San Francisco, ADS 60 9.1 546.00 1.09 02-08027-00088 111,252.50 11,466.00 99,786.50 Beneficiary 0 + 900 1 + 000 5518 67 Guillermo Dacera Applied 5.00 Tagapua, SFADS Tagapua, San Francisco, ADS 202 9.1 1,838.20 3.68 02-08027-00089 111,159.05 38,602.20 72,556.85 Beneficiary 1 + 000 1 + 200 5517 67 Dionesio More Applied 5.00 Tagapua, SFADS Tagapua, San Francisco, ADS 50 9.1 455.00 0.91 02-08027-00091 111,252.50 9,555.00 101,697.50 Beneficiary 1 + 200 1 + 400 5564 67 Constantino Villamor/ Marianito Aquilon Applied 10.00 Pisaan, SFADS San Francisco, ADS 250 8.9 2,225.00 2.23 02-08023-00519 222,505.00 49,606.00 172,899.00 Beneficiary Hermenio Hayana, Alex Aquilon - - - - 1 + 400 1 + 600 5516 67 Constancio Villamor/ Jose Kalasagsag Applied 9.92 Pisaan, SFADS San Francisco, ADS 260 8.9 2,314.00 2.33 02-08023-00518 220,653.76 53,629.00 167,024.76 Beneficiary 1 + 600 10 + 800 5360 67 Emiliano Montilla/ Loreto Onita Applied 10.00 Pisaan, SFADS San Francisco, ADS 270 8.9 2,403.00 2.40 02-08023-00492 222,505.00 52,375.00 170,130.00 Beneficiary Guillermo Magalay - - - - 5359 67 Rufino Marticion Applied 5.00 Pisaan, SFADS Pisaan, San Francisco, ADS 270 8.9 2,403.00 4.81 02-08023-00523 111,252.50 50,463.00 60,789.50 Beneficiary 54.89 14,440.20 GRASYA IA - - - 1 + 800 2 + 000 5357 67 Cesar Azarcon Applied 10.00 Pisaan, SFADS Butuan City 130 8.5 1,105.00 1.11 02-08023-00665 222,505.00 23,205.00 199,300.00 Beneficiary 2 + 000 2 + 200 5506 67 Castor Ramos Applied 3.00 Pisaan, SFADS San Francisco, ADS 270 8.4 2,268.00 7.56 02-08023-00526 66,751.50 47,628.00 19,123.50 Beneficiary 5501 67 Cecilio Lipardo Applied 5.09 Ladgadan, SFADS San Francisco, ADS 200 8.4 1,680.00 3.30 96-08016-0030 113,364.07 35,280.00 78,084.07 Beneficiary 2 + 200 2 + 400 5505 67 Edgardo Dala Applied 10.00 Pisaan, SFADS San Francisco, ADS 200 8.4 1,680.00 1.68 02-08023-00544 222,505.00 35,280.00 187,225.00 Beneficiary 2 + 400 2 + 687 5356 67 Nemesio Sagmoc Applied 5.02 Pisaan, SFADS San Francisco, ADS 200 8.2 1,640.00 3.27 02-08023-00545 111,617.41 34,440.00 77,177.41 Beneficiary 33.1113 8,373.00

GRAND TOTAL 568.274 Ha. 2,403.4 sq.m. 180,848.20 Sq.m.

No. of No. of Lots Canal ROW Area No. of Ben. No. of Non-Ben Land Tenure Status

Location of SA Name of IA Landholding Name of canal ROAD Area

PAPs Length (ha.) Titled Tax Dec. 1.Katagbawan 25 27 121.1881 Left Main Canal and Lateral A 3615 1705 5.5235 25 14 13 1. Existing 2. Oplaku 30 33 181.2472 Left Main Canal 4505 330 4.9848 25 5 13 20 3. Laludata 33 23 163.7238 Left Main Canal and Lateral C 5340 201 4.8488 33 7 16 2. Extension 4.Nedabasi 15 10 69.004 Left Main Canal and Lateral C 2082 167.4 1.8904 15 10 5.Grasya 5 5 33.1113 Lateral C 1000 0.8373 5 5 GRAND TOTAL 108 98 568.274 16542 2403.4 18.08482 103 5 34 64

Summary of Socio-Economic N Survey Data of Gibong Left Bank NIS E X

B SUMMARY OF GLBNIS SOCIO-ECOMOMIC SURVEY

No. of Total Average ROW Average Tenurial Status Primary Source of Income Educational Attainment PAPs Filled- Land Land Location No.of PAPs Affected Monthly College High Elementary up SES Holding Holdings Farming Employment Others Landowner Tenant School Form (Has.) (Has.) Area ( Has.) Income Grad./level Grad./level Grad/level

1. Existing 55 17 436.99 1.895 10.6828 15 2 2,947.06 14 3 3 4 10

2. Extension 53 25 640.5 3.357 7.46216 22 2 1 3,968.00 22 3 4 6 15

TOTAL 108 42 1077.49 2.626 18.14496 37 4 1 3,457.53 36 6 7 10 25

Sample of Accomplished N Socio Economic Survey Forms E X

Sample Deed of Assignment N E X

Sample Deed of Donation N E X

Detailed Losses of Individual PAPs of Gibong Left Bank N Service Area With its E Assessed Value of Losses, Means of Settlement and X Compensation

F NATIONAL IRRIGATION ADMINISTRATION GIBONG RIVER IRRIGATION SYSTEM PROJECT LEFT BANK Prosperidad, Agusan del Sur

DETAILED LOSSES OF INDIVIDUAL PAPs AND ASSESED VALUE OF LOSSES WIDTH ROW FAIR TOTAL VALUE ASSESSED TOTAL VALUE TOTAL VALUE Means of AFFECTED CROPS/TREES NAME OF IA LOT No. LANDOWNER/TENANT LENGTH(m) AFFECTED MARKET MARKET OF OF LAND, VALUE (m) AREA ( m2) (P/Sq.m.)FOR LAND ( Php) TYPE AGE QTY VALUE (PhP) CROPS/TREES CROPS/TREES Settlement 1. KATAGBAWAN LEFT MAIN CANAL 4474 Bernabe Balacuit 190 14.50 2,755.00 21.00 57,855.00 57,855.00 Equity 897 Dionesia Layno 140 14.50 2,030.00 21.00 42,630.00 42,630.00 Equity 900 Simplicio Sampiano 100 14.50 1,450.00 21.00 30,450.00 30,450.00 Equity 901 Eufronio Lira 130 14.50 1,885.00 21.00 39,585.00 39,585.00 Equity 912 Romeo Angcon 160 14.50 2,320.00 21.00 48,720.00 48,720.00 Equity 911 Crecencio Morgado 110 14.50 1,595.00 21.00 33,495.00 33,495.00 Equity 913 Elly Allan Angchangco 210 12.80 2,688.00 21.00 56,448.00 56,448.00 Equity 925 Hanney Alapag 110 12.80 1,408.00 21.00 29,568.00 29,568.00 Equity 913 Elly Allan Angchangco 340 12.80 4,352.00 21.00 91,392.00 91,392.00 Equity 921 Cesario Barol 130 12.80 1,664.00 21.00 34,944.00 34,944.00 Equity 923 Potenciana Layno 40 12.80 512.00 21.00 10,752.00 10,752.00 Equity 920 Tomas Morales Sr. 200 12.80 2,560.00 21.00 53,760.00 53,760.00 Equity 4223 Florencia Tagarao 200 12.80 2,560.00 21.00 53,760.00 53,760.00 Equity 940 Wilmer Paracale 200 11.80 2,360.00 21.00 49,560.00 49,560.00 Equity 941 Mila Jandayan 130 11.80 1,534.00 21.00 32,214.00 32,214.00 Equity 942 Bernabe Bedra Jr. 80 11.80 944.00 21.00 19,824.00 19,824.00 Equity 944 Diego Galdiano 60 11.80 708.00 21.00 14,868.00 14,868.00 Equity 945 Leonila Vidal 190 11.80 2,242.00 21.00 47,082.00 47,082.00 Equity 3780 Josephine Vidal 260 11.80 3,068.00 21.00 64,428.00 64,428.00 Equity 951 Nieva Navos 20 11.80 236.00 21.00 4,956.00 4,956.00 Equity 950 Wilfredo Laurente 170 11.80 2,006.00 21.00 42,126.00 42,126.00 Equity 954 Maria Galdiano 255 11.80 3,009.00 21.00 63,189.00 63,189.00 Equity - LATERAL A 4225 Severo Malvar 250 9.70 2,425.00 21.00 50,925.00 50,925.00 Equity 4224 Severo Malvar 270 9.70 2,619.00 21.00 54,999.00 54,999.00 Equity 4506 Anatalia Rafosala 100 9.70 970.00 21.00 20,370.00 20,370.00 Equity 938 Severo Malvar 290 9.70 2,813.00 21.00 59,073.00 59,073.00 Equity 939 Dodong Angchangco 90 9.70 873.00 21.00 18,333.00 18,333.00 Equity 939 Dodong Angchangco 170 4.85 824.50 21.00 17,314.50 17,314.50 Equity 2556 Anacleto Pugahan 170 4.85 824.50 21.00 17,314.50 17,314.50 Equity 3615 55,235.00 1,159,935.00 WIDTH ROW FAIR TOTAL VALUE ASSESSED TOTAL VALUE TOTAL VALUE Means of AFFECTED CROPS/TREES NAME OF IA LOT No. LANDOWNER/TENANT LENGTH(m) AFFECTED MARKET MARKET OF OF LAND, VALUE (m) AREA ( m2) (P/Sq.m.)FOR LAND ( Php) TYPE AGE QTY VALUE (PhP) CROPS/TREES CROPS/TREES Settlement 2. OPLAKU LEFT MAIN CANAL 954 Maria Galdiano 245 11.8 2,891.00 21.00 60,711.00 60,711.00 Equity 2565 Veronica Vidal 30 11.80 354.00 21.00 7,434.00 7,434.00 Equity 959 Condrado Batisting 50 11.80 590.00 21.00 12,390.00 12,390.00 Equity 958 Gipeles Taburlong 130 11.80 1,534.00 21.00 32,214.00 32,214.00 Equity 956 Teofilo Goloran 270 11.80 3,186.00 21.00 66,906.00 66,906.00 Equity 4505 Gerry Vidal 30 11.80 354.00 21.00 7,434.00 7,434.00 Equity 2864 Isidro Goloran 190 11.80 2,242.00 21.00 47,082.00 47,082.00 Equity 2845 Rodulfo Sapalo 90 11.80 1,062.00 21.00 22,302.00 22,302.00 Equity 2457 Florencio Taburlong 140 11.80 1,652.00 21.00 34,692.00 34,692.00 Donation 2456 Timoteo Salinas 120 11.80 1,416.00 21.00 29,736.00 29,736.00 Donation 2436 Rogenio Barbacal 100 11.80 1,180.00 21.00 24,780.00 24,780.00 Donation 2415 Hermogenes Galdiano 80 11.80 944.00 21.00 19,824.00 19,824.00 Donation 2415/3302 Epedio Alboria 100 11.70 1,170.00 21.00 24,570.00 24,570.00 Donation 2410 Carlos Denaque 130 11.70 1,521.00 21.00 31,941.00 31,941.00 Equity 2420 Adolfo Pelong 100 11.70 1,170.00 21.00 24,570.00 24,570.00 Equity 2421 Casiano Cabahug 100 11.70 1,170.00 21.00 24,570.00 24,570.00 Equity 2432 Jimmy Corvera 80 11.70 936.00 21.00 19,656.00 19,656.00 Equity 2430 Pablo Goloran 205 11.70 2,398.50 21.00 50,368.50 50,368.50 Equity 2431 Felimon Goloran 235 11.70 2,749.50 21.00 57,739.50 57,739.50 Equity 2432 Jimmy Corvera 90 11.70 1,053.00 21.00 22,113.00 22,113.00 Equity 2453 Anastacio Amores 70 11.70 819.00 21.00 17,199.00 17,199.00 Equity 2469 Wenefredo Morales 140 11.70 1,638.00 21.00 34,398.00 34,398.00 Equity 2469 Wenefredo Morales 80 10.60 848.00 21.00 17,808.00 17,808.00 Equity 2470 Epifanio Morales 120 10.60 1,272.00 21.00 26,712.00 26,712.00 Equity 2471 Estrella Morales 110 10.60 1,166.00 21.00 24,486.00 24,486.00 Equity 5 DAR 100 10.60 1,060.00 21.00 22,260.00 22,260.00 Equity 6 DAR 90 10.60 954.00 21.00 20,034.00 20,034.00 Equity 7 DAR 110 10.60 1,166.00 21.00 24,486.00 24,486.00 Equity 2480 Jose Libando 130 10.60 1,378.00 21.00 28,938.00 28,938.00 Equity 8 DAR 110 10.60 1,166.00 21.00 24,486.00 24,486.00 Equity 2499 Luciano Bensig 170 9.5 1,615.00 21.00 33,915.00 33,915.00 Equity 4446 Bonifacio Paderos 200 9.5 1,900.00 21.00 39,900.00 39,900.00 Equity 2497 Felixberto Lirasan 130 9.4 1,222.00 21.00 25,662.00 25,662.00 Equity 2496 Cresencio Vidal 140 9.4 1,316.00 21.00 27,636.00 27,636.00 Equity 2495 Reynaldo Osigan 190 9.5 1,805.00 21.00 37,905.00 37,905.00 Equity 2485 Centiquez Osigan 100 9.5 950.00 21.00 19,950.00 19,950.00 Equity 4505 49,848.00 1,046,808.00 WIDTH ROW FAIR TOTAL VALUE ASSESSED TOTAL VALUE TOTAL VALUE Means of AFFECTED CROPS/TREES NAME OF IA LOT No. LANDOWNER/TENANT LENGTH(m) AFFECTED MARKET MARKET OF OF LAND, VALUE (m) AREA ( m2) (P/Sq.m.)FOR LAND ( Php) TYPE AGE QTY VALUE (PhP) CROPS/TREES CROPS/TREES Settlement 3. LALUDATA LEFT MAIN CANAL 2484 Heirs of Francisco Noja/ Samuel Pajada 160 9.5 1,520.00 21.00 31,920.00 31,920.00 Equity 2492 Candido Noja 230 9.5 2,185.00 21.00 45,885.00 45,885.00 Equity 5454 Bernal Sotiar 160 9.5 1,520.00 21.00 31,920.00 31,920.00 Equity 5465 Sotero/Jesus Osigan 270 9.5 2,565.00 21.00 53,865.00 Lumbia 15 yrs 6 63.00 378.00 Caimito 5 yrs 1 46.00 46.00 Banana 4 yrs 1 54.00 54.00 478.00 54,343.00 Equity 5687 Genaro Daluyo 100 9.4 940.00 21.00 19,740.00 Coconut 12 yrs 6 222.00 1,332.00 Caimito 12 yrs 4 46.00 184.00 Banana 2 yrs 5 54.00 270.00 Mango 12 yrs 5 640.00 3,200.00 Bamboo 4 yrs 1 46.00 46.00 Tambis 3 yrs 1 42.00 42.00 Falcata 5 yrs 1 88.00 88.00 Tabon-tabon 2 yrs 1 42.00 42.00 Durian(Grafted) 3 yrs 1 1630.00 1,630.00 Cacao 7 yrs 2 53.00 106.00 6,940.00 26,680.00 Equity 5688 Felix Berdon/ Floro Teñola 220 9.4 2,068.00 21.00 43,428.00 - 43,428.00 Equity 5689 Margarita Collera/ Letecia Cabuntucan 90 9.4 846.00 21.00 17,766.00 - 17,766.00 Equity 5462 Suzarno Hilarion 130 9.4 1,222.00 21.00 25,662.00 Falcata 5 yrs 16 88.00 1,408.00 Gmelina 10 yrs 9 85.00 765.00 2,173.00 27,835.00 Equity 5461 Ireneo Cale/Modesto Seclon 70 9.4 658.00 21.00 13,818.00 Coconut 17 yrs 12 250.00 3,000.00 Banana 4 yrs 2 54.00 108.00 3,108.00 16,926.00 Equity

5460 Aurelio Sotiar 60 9.4 564.00 21.00 11,844.00 - 11,844.00 Equity 5457 MelitonMabras/ Rogelio Ayaton 120 9.4 1,128.00 21.00 23,688.00 Coconut 12 yrs 7 222.00 1,554.00 Pomelo ( Buongon) 12 yrs 1 46.00 46.00 Bamboo 12 yrs 1 55.00 55.00 Jackfruit 7 yrs 1 38.00 38.00 Lumbia 9 yrs 20 63.00 1,260.00 2,953.00 26,641.00 Equity 5455 Reny Tulio 30 9.4 282.00 21.00 5,922.00 - 5,922.00 Equity 5422 Leah Guelos 400 9.4 3,760.00 21.00 78,960.00 78,960.00 Equity 5420 Valeriano Llameca 530 9.4 4,982.00 21.00 104,622.00 - 104,622.00 Equity 5395 Enerio Osigan 30 9.4 282.00 21.00 5,922.00 - 5,922.00 Equity 5394 Juan Peritos 280 9.3 2,604.00 21.00 54,684.00 - 54,684.00 Equity 5527 Ronald Peritos/Ruben Baldos 460 9.3 4,278.00 21.00 89,838.00 89,838.00 Equity 5057 Catalina Garcia/Jaime Encarnacion 285 8.4 2,394.00 21.00 50,274.00 - 50,274.00 Equity Rolando Noja/ Melencio Noja - 5261 Benedicto Palencia/Warlito Layma 170 8.4 1,428.00 21.00 29,988.00 29,988.00 Equity WIDTH ROW FAIR TOTAL VALUE ASSESSED TOTAL VALUE TOTAL VALUE Means of AFFECTED CROPS/TREES NAME OF IA LOT No. LANDOWNER/TENANT LENGTH(m) AFFECTED MARKET MARKET OF OF LAND, VALUE (m) AREA ( m2) (P/Sq.m.)FOR LAND ( Php) TYPE AGE QTY VALUE (PhP) CROPS/TREES CROPS/TREES Settlement 5524 Zacarias Millana 330 8.4 2,772.00 21.00 58,212.00 58,212.00 Equity 5260 Josefina Torion 330 8.0 2,640.00 21.00 55,440.00 55,440.00 Equity 5256 Teodoro Ruiz 335 8.0 2,680.00 21.00 56,280.00 56,280.00 Equity LATERAL C 5527 Ronald Peritos/ Ronald Baldos 220 9.4 2,068.00 21.00 43,428.00 Falcata 3 yrs 40 88.00 3,520.00 Banana 2 yrs 5 54.00 270.00 3,790.00 47,218.00 Equity 5521 Emma Vincoy 240 9.4 2,256.00 21.00 47,376.00 - 47,376.00 Equity 5522 Armando Culintas/Nasario Repaso/Robert Patrolla 50 9.4 470.00 21.00 9,870.00 - 9,870.00 Equity 5381 Candido Sobaldo 40 9.4 376.00 21.00 7,896.00 - 7,896.00 Equity 5340 48,488.00 1,018,248.00 19,442.00 4. NEDABASI - LEFT MAIN CANAL 5394 Pablo Labastida/ Ricardo Crausos 420 9.3 3,906.00 21.00 82,026.00 Durian 5 yrs 8 1630.00 13,040.00 Jackfruit 10 yrs 14 38.00 532.00 Banana 2 yrs 20 54.00 1,080.00 Lansones 8 yrs 5 155.00 775.00 Bamboo 10 yrs 2 40.00 80.00 Marang 12 yrs 4 110.00 440.00 Lauan 4 yrs 100 48.00 4,800.00 20,747.00 102,773.00 Equity

5527 Carlos Finlac 60 9.3 558.00 21.00 11,718.00 - 11,718.00 Equity 93,744.00 - - - LATERAL C 5520 Narsisa Lambeste/ Tito Cañedo Jr./ Juanito Llamere 240 9.4 2,256.00 21.00 47,376.00 Coconut 15 yrs 11 222.00 2,442.00 Mango 15 yrs 1 640.00 640.00 Lemon 6 yrs 1 70.00 70.00 3,152.00 50,528.00 Equity 5519 Alfredo Dacera/Alex Amador 60 9.1 546.00 21.00 11,466.00 - 11,466.00 Equity 5518 Guillermo Dacera 202 9.1 1,838.20 21.00 38,602.20 - 38,602.20 Equity 5517 Dionesio More 50 9.1 455.00 21.00 9,555.00 - 9,555.00 Equity 5564 Constantino Villamor/ Marianito Aquilon 250 8.9 2,225.00 21.00 46,725.00 Coconut 13 yrs 4 222.00 888.00 Marang 6 yrs 2 110.00 220.00 Lansones 15 yrs 1 155.00 155.00 Macopa 4 yrs 1 42.00 42.00 Guyabano 15 yrs 2 25.00 50.00 Mango 4 yrs 1 640.00 640.00 Santol 20 yrs 4 46.00 184.00 Banana 4 yrs 13 54.00 702.00 2,881.00 49,606.00 Equity 5516 Constancio Villamor/ Rogelio Calasagsag 260 8.9 2,314.00 21.00 48,594.00 Coconut 5 yrs 13 222.00 2,886.00 Jackfuit 3 yrs 6 38.00 228.00 Santol 2 yrs 10 46.00 460.00 Guava( Grafted) 1 yr 9 109.00 981.00 Falcata 2 yrs 3 88.00 264.00 WIDTH ROW FAIR TOTAL VALUE ASSESSED TOTAL VALUE TOTAL VALUE Means of AFFECTED CROPS/TREES NAME OF IA LOT No. LANDOWNER/TENANT LENGTH(m) AFFECTED MARKET MARKET OF OF LAND, VALUE (m) AREA ( m2) (P/Sq.m.)FOR LAND ( Php) TYPE AGE QTY VALUE (PhP) CROPS/TREES CROPS/TREES Settlement Banana 6 yrs 4 54.00 216.00 5,035.00 53,629.00 Equity 5360 Emiliano Montilla/ Loreto Onita/ 270 8.9 2,403.00 21.00 50,463.00 Banana 4 yrs 15 54.00 810.00 Geronimo Magalay Falcata 5yrs 10 88.00 880.00 Coconut 15 yrs 1 222.00 222.00 1,912.00 52,375.00 Equity 5359 Rufino Marticion 270 8.9 2,403.00 21.00 50,463.00 50,463.00 Equity 2082 18,904.20 303,244.20 33,727.00 - LATERAL C 5357 Cesar Azarcon 130 8.5 1,105.00 21.00 23,205.00 23,205.00 Equity 5506 Castor Ramos 270 8.4 2,268.00 21.00 47,628.00 47,628.00 Equity 5501 Cecilio Lipardo 200 8.4 1,680.00 21.00 35,280.00 35,280.00 Equity 5505 Edgardo Dala 200 8.4 1,680.00 21.00 35,280.00 35,280.00 Equity 5356 Carmelito Cabanos 200 8.2 1,640.00 21.00 34,440.00 34,440.00 Equity

1000 8,373.00 175,833.00 3,850,981.20

Value of Name of IA No. of Lots No. of PAPs Length of canal ROW Area Land Value Total land and Crop Means of Settlement Crops/trees 1.Katagbawan 27 25 3615 5.52 1,159,935.00 1,159,935.00 Equity 2. Oplaku 33 30 4505 4.98 1,046,808.00 1,046,808.00 Equity 3. Laludata 23 33 5340 4.85 1,018,248.00 19,442.00 1,037,690.00 Equity 4.Nedabasi 10 15 2082 1.90 303,244.20 33,727.00 336,971.00 Equity 5.Grasya 5 5 1000 0.84 175,833.00 175,833.00 Equity GRAND TOTAL 98 108 16,542.00 18.0848 3,797,812.20 53,169.00 3,850,981.20 Equity

Copy of BIR Zonal Valuation N

SP Ordinance No. 30, N Series of 2001 E X

Minutes of Consultation/ N Disclosure Meeting E X

I Minutes o f Meeting of PAPs Orientation/Consultation and Disclosure Meeting for Leftbank Sub-project

Lucahon hall, Tagapua, San Francisco, Agusan del Sur June 15, 2005

Meeting started at 9:15 AM Preliminaries: Opening Prayer: Warlito Layma- ROWNC Member Welcome Address: Genaro Daluyo- Laludata IA President - Welcomes the participants

1. SPISP Upadate: Mateo Sobiono- FIA President - Feed-backing of the events in ADB Mission Review held at Cebu City last June 8-11, 2005 - Updated the PAPs on the status of the project - Reiterated the importance of LARP as one of the pre-conditions for construction

2. SPISP Concept and Principle Review- Tony Bendoy- IDO - Discussed the concept and principle of Southern Philippines Irrigation Sector Project with its goal, objectives and purpose. - Discussed the concept and principle of Southern Philippines Irrigation Sector Project with its goal, objectives and purpose. - Explained the components of SPISP ( Participatory and Transfer, Physical Infrastructure, Environmental and Social Measure, Project Management) - Present and review the Participatory Irrigation Management and Transfer Process

3. LARP and ROW Orientation- Raul R. Buñao- ESM staff - Oriented the PAPs on what is LARP, its objectives, its importance as precondition to Civil Works implementation, Resettlement Policy and Program Framework, and its compensation entitlements and equity contributions. - Discussed and presented the LARP activities and its new requirements Deed of Assignment (DOA)- Beneficiary PAP/Fs Deed of Donation (DOD)- Non- Beneficiary PAP/Fs - Reviewed Oriented the PAPs on what is LARP, its objectives, its importance as precondition to Civil Works implementation, Resettlement Policy and Program Framework, and its compensation entitlements and equity contributions.

12:00 PM- LUNCH BREAK

4. Presentation, Disclosure and Establishment of the Fair Market Value of Land and Crops/Trees - Socrates B. Semilla- Environmental Officer

- Presented and discussed the comparative matrix for the fair market value of land and crops in Prosperidad and San Francisco, Agusan del Sur based on the BIR zonal valuation, Provincial and Municipal Assessors office, Provincial Appraisal Committee (PAC), and recent transactions.

- Mr. Marianito Aquilon PAP of Nedabasi IA motioned and duly seconded by Alexander Mante PAP of Laludata IA to vote on what would be the fair market value for land and crops/trees in their area based on the presented matrix from its sources.

- Result of the Votation:

BIR Zonal Valuation- 0 Provincial Appraisal Committee- 1 Recent Transaction- 54

- The agreed Fair Market Value( FMV) for Leftbank Areas is Twenty One pesos (PhP 21.00) per square meter or PhP 210,000.00 per Hectare

Comparative Results of Valuation of Land and Crops and Trees Items BIR Zonal Municipal Provincial Recent Agreed FMV Valuation -D.O. Assessor’s Appraisal Transaction No. 84-96 Office (SP Committee ( Nov. 18, 1996) Ordinance No. (Sept.11,2001) 30 Series of 2001) A. Land/Location Agricultural Land 1. Prosperidad, ADS P 4.45/m2 for P 7.45/m2 P 21/m2 P 21/m2 Agricultural Land

2. San Francisco, ADS P 4.45/m2 for P 7.45/m2 P 21/m2 P 21/m2 Agricultural Land

B. Crops/Trees PhP 1. Coconut per tree 222.00 1st class 222 P- 124 2nd class 186 NP- 37 3rd class 148 2. Agro-Industrial 62.00 Forest per tree 1st class 62 P- 40.70 2nd class 54 NP- 24.40 3rd class 48 3. Banana per clump 112.00 1st class 112 P- 21 2nd class 86 NP- 10.50 3rd class 67 4.Calamansi / Lemon 70.00 per tree 1st class 70 P- 36.00 2nd class 57 NP- 21.50 3rd class 45 5. Cacao per tree 53.00 1st class 53 P- 28.00 2nd class 43 NP- 14.00 3rd class 34 6. Durian per tree 1,630.00 1st class 1630 P- 1,280.00 2nd class 1332 NP-170.65 3rd class 1017 7. Falcata per tree 88.00 1st class 88 P-40.70 2nd class 73 NP-24.40 3rd class 58 8. Guava per tree 204.00 1st class 204 P-109.00 2nd class 168 3rd class 134 9. Lanzones per tree 155.00 1st class 155 P- 83.00 2nd class 127 NP- 3rd class 101 10. Mango per tree 640.00 1st class 640 P- 74.00 2nd class 500 3rd class 400 11. Avocado per tree 46 NP-27.85 46.00 1st class 2nd class 3rd class 12. Bamboo groove 55 P- 46.00 55.00 1st class 2nd class 3rd class 13. Baungon / pomelo 46 P- 39.00 46.00 1st class NP- 3.90 2nd class 3rd class 14. Caimito per tree 46 P- 39.00 46.00 1st class 2nd class 3rd class 15. Lumbia Groove 63 P- 53.00 63.00 1st class 2nd class 3rd class 16. Macopa per tree 42 42.00 1st class 2nd class 3rd class 17. Mandarin/citrus 42 P- 35.00 42.00 1st class 2nd class 3rd class 18. Marang per tree 110 P- 32.00 110.00 1st class NP- 12.80 2nd class 3rd class 19. Jackfruit/nangka 38 P- 32.00 38.00 1st class NP- 9.10 2nd class 3rd class 20.Rabana/Labana 25 25.00 1st class 2nd class 3rd class 21.Santol per tree 46 P- 28.00 46.00 1st class NP- 16.00 2nd class 3rd class 22.Tambis per tree 42 42.00 1st class 2nd class 3rd class 23. Rambutan per tree 88 88.00 1st class 2nd class 3rd class 24. Pineapple per hill 6.00 1st class 6 P- 4.00 2nd class 5 3rd class 4 25. Rubber per tree 179.00 1st class 179 P-112 2nd class 168 NP- 80 3rd class 134 26. Coffee per tree 41.00 1st class 41 2nd class 34 3rd class 27 27. Oil Palm tree 566.00 1st class 566 2nd class 420 3rd class 275

1st class 2nd class 3rd class

1st class 2nd class 3rd class ☺ FMV-Fair Market Value adopted and agreed with the PAPs P- Productive NP- Non-Productive

5. Presentation of Detailed losses of Individual PAPs and ROW Acquisition table , Means of Settlement and Compensation per PAPs- Raul R. Buñao- ESM staff

- Presented the Detailed losses of Individual PAPs and ROW Acquisition Table.

- Distributed the photo-copies of the ROW Acquisition table with their corresponding detailed losses of individual PAPs, means of settlement and individual equity contribution.

- All PAPs agreed to donate their ROW Affected properties for project equity.

Since there was no other matter discussed, the disclosure meeting adjourned at exactly 4:15 pm.

Prepared by:

RAUL R. BUNAO Research Assistant A

Copy of Recent Transaction N (Affidavit of Confirmation of Sale) E X

Sample of Orientation Materials N E X

K Information Booklet Prototype (To be translated into the appropriate dialect)

THE GIBONG LEFT ACQUISITION AND RESETTLEMENT PLAN

1. BACKGROUND

(This section provides the basic background information on the Project, its benefits and impacts including the negative repercussions on the PAPs).

i. The SPISP – Thrust, Objectives and Impacts ii. The Gibong NRIS iii. Project impacts and the need for resettlement activities iv. Project Affected Peoples

o Direct Project Beneficiary who will lose a parcel of cultivated land to Project ROW requirement and required to provide 25 percent equity. o Non-beneficiary of the Project who will lose a parcel of land as a result of the irrigation canal construction or the development of irrigation secondary and tertiary facilities.

2. PROJECT IMPACT AND IMPLICATION PAPs

(This section describes in detail the types of impact of the Project and its various implications on the PAPs. It will also provide the concerned communities, the background information on the processes and mechanics by which the Project staff determines the scope and extent of impact, which will involve PAP’s participation).

i. Types of Impacts

o Loss of farmland o Loss of improvement to land

ii. Implications

o Compensation

iii. Processes and Mechanics for Determining Impacts and Implications

o Participatory Surveys and Focus Group Discussions o Consultation and Participation

3. RESETTLEMENT POLICY

(This will provide a brief background on the policy of the ADB and enactments of the GOP with regard to resettlement and compensation and the guidelines that will be followed in the implementation of the resettlement program).

i. ADB Policy ii. GOP Policy iii. Precondition to Project Civil Works

4. RESETTLEMENT AND COMPENSATION PROGARAM

(This will describe in detail the specific components and activities of the Gibong Leftbank LARP including the compensation package, entitlement and eligibility for the individual PAFs and the framework for its implementation).

i. WHAT – The Resettlement and Compensation Package o Cash Compensation o Disturbance Compensation

ii. HOW MUCH – Entitlement and Eligibility

iii. HOW and WHEN – Program of Activities

o Assessment and Quantification of Scope of Impact o Payment of Compensation and Disclaimer o Organization for Livelihood and Enterprise Development o Training and Capability Building o Monitoring and Reporting

iv. HOW – Organizational Framework and Implementation Arrangements

o Roles and Responsibilities

PAFs/PAPsl Local Government PNOC DENR ROW COMMITTEE NIA CPMO ISO

5. COMPLAINTS, GRIEVANCES AND REDRESS PROCEDURES

(This section will describe in details the procedures for addressing grievances and complaints on the implementation of the resettlement and compensation programs as well as the redress mechanism that would be followed respond

to them. This will also include names and addresses of contact persons in NIA, Municipal and Barangay governments, and NGO that concerned PAFs can get in touch with in case of grievances and complaints).

i. Complaints and Grievances Procedures ii. Redress Procedures

6. CONCLUSION – PRINCIPLE OF RESETTLEMENT

(This section will serve to summarize the various points previously discussed giving assurance that a fair, just and human program what will ensure the sharing of benefits by those adversely affected by the Project).

Information Booklet Prototype (Translated into Cebuano dialect)

THE RESETTLEMENT PROGRAM OF NIA-SPISP AND PGAN

1. KAAGI

(Kini nga seksyon magpadayag sa mga niaging inpormasyon kabahin sa proyekto, ang benepisyo niini ug mamahimong epekto apil ang negatibong sangputan ngadto sa mga apektadong katawhan).

i. Ang SPISP-Panglantaw, katuyuan ug Mamahimong Resulta o ang Epekto niini sa Proyekto ii Ang mamahimong epekto ug ang panginahanglan alang sa pagpahiluna nga kalihokan iii. Ang mga Apektadong Katawhan sa Proyekto

- Direktang mga benipesyaryo sa proyekto, kinsa mawad-an og parsila sa yuta nga gitikad alang sa pagpahigayon sa gikinahanglang luna nga gamiton sa proyekto (RIGHT OF WAY) , ingon man ang pagkab-ot sa gikinahanglan nga 25 % isip Tugbang Capital/bayad o EQUITY sa Proyekto

- Mga dili benipesyaryo sa proyekto, kinsa mawad-an og parsila sa yuta nga maapektohan sa proyekto sama sa tukuran sa DAM o Reservoir ug uban pang kalambuan sa irigasyon sama sa secondaryo ug tertiaryo nga mga pasilidades

2. ANG MAMAHIMONG EPEKTO SA PROYEKTO UG IMPLIKASYON NIINI NGADTO SA MGA APEKTADONG KATAWHAN

(Kini nga seksyon nga padayag sa ditalye sa tipo sa mga mamahimong epekto sa proyekto ug ang implikasyon niini ngadto sa mga apektadong katawhan, Maghatag usab kini ngadto sa komunidad sa mga kaaging inpormasyon mahitungod sa proceso ug mga pamaagi diin ang mga lumilihok sa proyekto inubanan sa partisipasyon sa mga nalambigit nga apetakdadong katawhan , diha sa pag-ila sa kinutuban ug kadako sa mamahimong epekto sa proyekto.

i. Tipo sa mamahimong epekto

- Pagkawala sa parsilala sa yuta nga gitikad - Pagkawala sa parsila sa yuta nga puy-anan o gitukuran ug balay - Pagkawala sa mga kalambuan nga nahimo diha sa yuta - Pagkawala sa mga estruktura - Pagkawala sa paggamit sa mga pangkatilingban nga katigayunan ug pampublikong pasilidades - Pagkawala sa oportunidad o kahigayonan sa pangnegosyo

ii. Implikasyones

- Pagbalhin sa pinuy-anan o relokasyon - Kompensasyon - Pagpahiluna sa panginabuhian ug rehabilitasyon o paghiuli sa maayong kahimtang

iii. Proceso ug mikanismo alang sa pagsuta sa epekto ug mga implikasyones

- Partisipasyong Pagsusi ug Pagtutok sa Gropong Panaghisgot - Konsultasyon ug Partisipasyon

3. ANG POLISIYA SA PAGPAHILUNA

(Kini mopadayag sa lakbit kaagi sa polisiya sa Asian Development Bank (ADB) ug gimando sa atong Pangagamhanan sa Pilipinas (GOP) kabahin sa pagpahiluna ug kompensasyon ug mga tamdanan nga kinahanglan sundon diha sa implimintasyon sa pagpahiluna nga programa)

i. Polisiya sa ADB ii. Polisiya sa Pangagamhanan sa Pilipinas iii. Mga gikinahanglang kondisyones alang sa pagpahigayon sa gimbuhaton sa konstraksyon (Civil Works)

4. PROGRAMA ALANG SA PAGPAHILUNA UG KOMPENSASYON NGA KAPAIGOAN

(Kini mopadayag sa ditalye mahitungod sa mga pihong gilangkuban o komponente ug mga kalihukan sa programa sa pagpahiluna apil niini ang kompensasyon, paghatag katungod ug pagkaangayan sa indibidwal nga apektado sa proyekto ug ang kinatibuk-ang dugukan sa implimintasyon niini)

i. Ang pagpahiluna ug Pakete sa Kompensasyon - Paghulip sa Yuta - Kash (Kwarta) nga kompensasyon - Paghulip sa pinuy-anan - Kompensasyon alang sa pagkadisturbo - Suporta alang sa pagpahiuli sa maayong kahimtang

ii. Paghatag katungod ug Pagka-angayan

iii. Programa sa mga kalihukan

- Pagsusi ug Pag-ila sa kadako ug kinutuban sa mamahimong epekto - Pagsusi sa kabalhinan nga lugar alang sa relokasyon - Pagpalambo sa balhinan nga lugar ug pagpatigayon sa konstraksyon - Mga pagpabalay ug paghulip sa mga pasilidades - Pagpahimutang ngadto sa mga luna (Lot Aassignment) - Pagbayad sa kompensasyon ug pagsalikway sa katungod - Paghatag ug pahibalo alang sa pagpahawa - Pagguba ug Pagbalhin - Pagpalambo sa Panginabuhian ug mga negosyo diha sa Organisasyon - Pagbansaybansay ug Pagpalig-on sa katakus - Pagmonitor ug Pagtaho

iv. Pangkapunungan Dugukan (Framework) ug giya sa implementasyon

- Gimbuhaton ug Responsibilidad

NIA CO and Provincial Level, Lokal nga Pangagamhanan,NGO, Apektadong Barangay, Apektadong katawhan, Kalambigit nga Ahensya

5. PAMAAGI SA MGA SUMBONG, PANAGBANGI UG KAGOBOT

(Kini nga seksyon mopadayag sa detalye sa mga pamaagi sa pagtubag sa mga sumbong o panagbangi diha sa implementasyon sa programa sa pagpahiluna ug kompensasyon , apil ang mekanismo sa paghusay sa mga sayop nga nahimo. Lakip niini, ang mga ngalan ug adres sa mga kontak nga mga tawo sa NIA, Munisipyo, Barangay, NGO nga mga hingtungdan diha sa mga isyu kabahin sa apektadong katawhan panahon nga adunay sumbong ug mga panagbangi)

i. Pamaagi sa Pagsumbong ug Panagbangi

ii. Pamaagi sa paghusay niini

6. KATAPUSAN – PRINSIPYO SA PAGPAHILUNA

(Kini nga seksyon magsilbi sa pagsumada sa nagkalain-laing pontos nga gihisgutan sa unahan naghatag kasigurohan alang sa patas, angay ug makianagayong programa diin mapasiguro ang pagbahinay sa binipisyo alang sa hingtungdan nga apektado sa proyekto).

Photo-documentation of N Leftbank LARP Activities E X

L Consultations and Meetings Conducted with PAPs in Left Bank Service Areas ROWNC Re-orientation and Action planning meeting of 4 IAs in Extension Area Walk-Thru Activities Re: Identification and validation of PAPs, inventory of affected properties, crops and trees in LB Service Area