Improving Growth Corridors in Mindanao Road Sector Project

Resettlement and Indigenous Peoples Plan ______

April 2020

PHI: Improving Growth Corridors in Mindanao Road Sector Project

PR06: Alicia - Malangas Road

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

Currency Equivalents (As of 13 January 2020) Currency unit – peso (PhP) PhP1.00 = $ 0.01977 $ 1.00 = P 50.565

Abbreviations

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

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

iii Definition of Terms

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

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

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

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

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

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

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

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

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

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

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

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

Livelihood This involves re-establishing productive livelihood of the displaced persons restoration to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012). Inconvenience It is the compensation amount given to each AP who holds full title to or a

v allowance legalizable tax declaration over the land and structures severely affected by the project, and who consequently must move elsewhere.

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

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

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

When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation (ADB IR Source Book, 2012). Land acquisition It is the process of acquiring land from the current owners pursuant to the provisions of RA 10752 modes of acquisition, i.e., Donation, Negotiated Sale, Expropriation, Acquisition of Properties under Commonwealth Act (CA) NO. 141, Exchange of Barter, Easement of Right-of-way, Acquisition of Subsurface Right-of-way and other modes authorized by Law.

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

Meaningful A process that (i) begins early in the project preparation stage and is carried consultation out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v)

vi enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

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

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

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

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

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

Replacement cost Refers to the cost necessary to replace the structure or improvement affected by a ROW with a similar asset based on current market prices, i.e., with no deduction for depreciation or damage of the original asset (DPWH DRAM, 2017).

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

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

Vulnerable groups Distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement and specifically include:

vii (i) households headed by women with dependents, (ii) households headed by the elderly residing alone; (iii) households having members who are persons with disability (PWD); (iv) households falling under the generally accepted indicator for poverty, (v) landless households; and (vi) indigenous peoples or ethnic minorities.

Note In this report, “$ refers to US Dollars

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

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

viii Table of Contents

CURRENCY EQUIVALENTS ...... II ABBREVIATIONS ...... II DEFINITION OF TERMS ...... IV TABLE OF CONTENTS ...... IX LIST OF TABLES ...... X EXECUTIVE SUMMARY ...... 1 I. PROJECT DESCRIPTION ...... 7 A. BACKGROUND ...... 7 B. DESCRIPTION OF THE SUB-PROJECT ...... 7 C. CIVIL WORKS TO BE CONDUCTED ...... 8 D. REALIGNMENT SECTION ...... 8 E. MEASURES ADOPTED TO MINIMIZE INVOLUNTARY RESETTLEMENT IMPACTS ...... 10 F. ANTICIPATED SOCIAL SAFEGUARD IMPACTS ...... 10 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 11 A. METHODOLOGY OF THE SURVEYS ...... 11 B. SUMMARY OF PROJECT IMPACTS ...... 11 1. Impact on land ...... 12 2. Impacts on structures...... 17 3. Impacts on trees and crops ...... 25 4. Impacts on business ...... 25 5. Vulnerable Households ...... 27 6. Physically and Economically Displaced HH ...... 28 7. Ethnicity ...... 29 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ...... 30 A. BACKGROUND ...... 30 1. Provincial Profile ...... 30 2. Indigenous Peoples of the Project Area ...... 32 B. MUNICIPALITY OF ALICIA & MALANGAS AND AFFECTED VILLAGES ...... 33 C. THE AFFECTED HOUSEHOLDS ...... 35 1. Socio-demographic Characteristics ...... 35 2. Ownership of Land and Structure ...... 39 3. Socio-economic Profiles ...... 43 4. Quality of Life ...... 45 5. Gender Issues Considered in the Project ...... 49 6. Perception of the Project Impacts ...... 50 IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 53 A. CONSULTATION AND PARTICIPATION ...... 53 B. CONSULTATIONS CONDUCTED AT PREPARATION OF THE RIPP ...... 53 C. CONSULTATIONS CONDUCTED AT PREPARATION OF UPDATED RIPP ...... 58 D. IP CONSULTATION ...... 62 E. DISCLOSURE ...... 63 F. CONSULTATION, DISCLOSURE AND INFORMATION DISSEMINATION DURING RIPP IMPLEMENTATION ...... 63 G. ROLES AND RESPONSIBILITIES OF COMMUNICATION AND CONSULTATION ...... 64 V. GRIEVANCE REDRESS MECHANISM ...... 69

ix A. IP GRIEVANCE REDRESS PROCEDURE ...... 70 B. ADB’S ACCOUNTABILITY MECHANISM ...... 70 VI. LEGAL AND POLICY FRAMEWORK ...... 71 A. RELEVANT LAWS AND REGULATION IN THE PHILIPPINES ...... 71 1. Involuntary Resettlement ...... 71 2. Indigenous People ...... 75 3. Other Laws and Guidelines ...... 76 B. ADB POLICIES ...... 77 C. GAP ANALYSIS AND PROJECT PRINCIPLES ...... 81 D. SOCIAL SAFEGUARDS POLICY PRINCIPLES FOR THE PROJECT ...... 86 VII. COMPENSATION AND OTHER ENTITLEMENTS ...... 88 A. AFFECTED PERSONS AND ELIGIBILITIES ...... 88 B. COMPENSATION AND ENTITLEMENTS ...... 89 VIII. RELOCATION STRATEGY ...... 102 A. OVERVIEW OF RELOCATING HOUSEHOLDS ...... 102 B. RELOCATION SITES ...... 102 C. IMPLEMENTATION ARRANGEMENTS ...... 115 IX. LIVELIHOOD RESTORATION ...... 117 A. OBJECTIVES AND DESCRIPTION OF BENEFICIARIES ...... 117 B. LIVELIHOOD RESTORATION STRATEGY AND ACTIVITIES ...... 117 C. PREFERENCES OF AFFECTED HOUSEHOLDS ...... 118 D. AVAILABLE PROGRAMS AND SUPPORT IN THE PROJECT AREA ...... 128 E. DESCRIPTION OF LRP PROGRAM ACTIVITIES ...... 132 F. LRP MANAGEMENT AND IMPLEMENTATION ...... 133 G. LRP COST ESTIMATES ...... 134 H. LRP IMPLEMENTATION SCHEDULE ...... 134 I. MONITORING AND EVALUATION ...... 137 X. RIPP BUDGET ...... 138 XI. INSTITUTIONAL ARRANGEMENTS ...... 140 A. INSTITUTIONAL ARRANGEMENTS ...... 140 B. CAPACITY BUILDING ...... 142 XII. IMPLEMENTATION SCHEDULE OF THE RIPP ...... 143 XIII. MONITORING AND EVALUATION ...... 147 A. MONITORING ARRANGEMENTS ...... 147 B. INTERNAL MONITORING ...... 147 C. EXTERNAL MONITORING ...... 150 D. REPORTING AND DISCLOSURE ...... 152 APPENDICES (AVAILABLE UPON REQUEST) ...... 153

List of Tables Table 1: Original and New Alignment Details ...... 9 Table 2: Subproject Summary of Impacts ...... 12 Table 3: Project Components Requiring Land Acquisition and Areas to be Affected ...... 13 Table 4: AHs by Loss of Land and Severity ...... 13 Table 5: Severity of Agricultural Land ...... 14 Table 6: Number of Affected Agricultural Land and Households ...... 15

x Table 7: Tenure Status of Affected Agricultural Land and Households (by Land Parcels) ... 15 Table 8: Severity of Residential Land ...... 16 Table 9: Number of Affected Residential Land and Households ...... 16 Table 10: Loss of Structures ...... 17 Table 11: AHs by Loss of Main Structures and Severity ...... 18 Table 12: Affected Residential Structures by Condition ...... 18 Table 13: Severity of Impact on Housing Structures ...... 19 Table 14: Land Tenure Status of AHs with Severely Affected Houses ...... 20 Table 15: AHs by Loss of Commercial Structures and Severity ...... 20 Table 16: Affected Commercial Structures by Condition ...... 21 Table 17: Number and Use of Affected Secondary Structures ...... 22 Table 18: AHs by Loss of Secondary Structures and Severity ...... 22 Table 19: Affected Secondary Structures by Condition (all structure types) ...... 23 Table 20: Severity of Impacts on Community Structures ...... 24 Table 21: Number and Use of Community Structures ...... 24 Table 22: AHs by Loss of Trees and Crops ...... 25 Table 23: AHs by Loss of Business ...... 26 Table 24: Nature of Impact on Business per Barangay ...... 26 Table 25: Vulnerability of AHs ...... 27 Table 26: Number of physically and economically displaced and eligible for LRP ...... 28 Table 27: Number of IPs per barangay ...... 29 Table 28: IPs by Type of Impact ...... 29 Table 29: IPs by Land Tenure Status ...... 29 Table 31: Provincial 2015 Statistic by Administrative Unit ...... 31 Table 32: 2015 Population of Alicia and Malangas by Barangay ...... 33 Table 33: Sex of Household Heads ...... 35 Table 34: Age of Sample AH Heads ...... 36 Table 35: Civil Status of Sample AH Heads ...... 36 Table 36: Religion of Sample AH Heads ...... 37 Table 37: Educational Attainment of Sample AH Heads ...... 38 Table 38: Place of Origin of Sample AH Heads ...... 38 Table 39: Length of Residence of Sample AH Heads...... 39 Table 40: Land Ownership ...... 40 Table 41: Land Use ...... 40 Table 42: Tenure ...... 41 Table 43: Proof of Ownership ...... 41 Table 44: Structural Use ...... 42 Table 45: Ownership Status of Main Structures ...... 42 Table 46: Occupation ...... 43 Table 47: Employment Status of Sample AH Heads ...... 44 Table 48: Household Income of Sample AHs ...... 44 Table 49: Household Expenditure of Sample AHs ...... 45 Table 50: Roof Material ...... 46 Table 51: Wall Material ...... 46 Table 52: Light Source ...... 47 Table 53: Water Source ...... 47 Table 54: Fuel Source for Cooking ...... 48 Table 55: Toilet ...... 48 Table 56: Positive Impacts ...... 50 Table 57: Negative Impacts...... 51 Table 58: Project Approval ...... 52 Table 59: PR 06 Public Consultations conducted in 15 barangays ...... 53 Table 60: Summary of Issues and Concerns ...... 55 Table 61: Number of Attendees during Revalidation Meeting ...... 59 Table 62: Issues and Concerns raised by the APs ...... 60

xi Table 63: Roles and Responsibilities for Consultation and Participation ...... 65 Table 64: Assessment of Involuntary Resettlement Policy Gaps ...... 83 Table 65: Assessment of Indigenous Peoples Policy Gaps ...... 85 Table 66: Compensation and Entitlement Matrix ...... 90 Table 67: Categories of AHs with Fully Affected Houses ...... 102 Table 67: Land Area to be Awarded to the Relocatees ...... 103 Table 69: Description of Resettlement Sites ...... 113 Table 69: Site Development Cost Estimates ...... 115 Table 70: Schedule to Develop Resettlement Sites ...... 115 Table 71: LRP Beneficiaries ...... 118 Table 72: Planned Income Source after Relocation ...... 119 Table 73: Interest in Vocational Training ...... 119 Table 74: Business Owners Livelihood Restoration Intentions ...... 120 Table 75: Farmers Livelihood Restoration Intentions...... 121 Table 76: Agricultural Extension Support ...... 121 Table 77: Agricultural Extension Area of Interest ...... 122 Table 78: Main Source of Income ...... 123 Table 79: Vulnerable AHs Livelihood Restoration Intentions ...... 124 Table 80: Forms of Assistance ...... 124 Table 81: Entrepreneurial/vocational Skills Training ...... 126 Table 82: Interest in Specific Training ...... 127 Table 84: Agricultural Extension ...... 127 Table 85: Skills and Livelihood Training (Municipality of Malangas) ...... 128 Table 86: Skills and Livelihood Training (Municipality of Alicia) ...... 131 Table 86: Activities and Responsible Entities ...... 134 Table 87: Skills and Livelihood Training (Municipality of Alicia) ...... 134 Table 88: LRP Implementation Schedule ...... 136 Table 89: Budget for RIPP Implementation ...... 138 Table 91: RIPP Implementation Schedule ...... 144 Table 92: Suggested Internal Monitoring Indicators ...... 148 Table 93: External Monitoring ...... 151

List of Figures Figure 1. Sub-project Location ...... 8 Figure 2: Start of PR 06 and Start of the Realignment Section ...... 9 Figure 2: Perception of the Project Impacts-Positive ...... 51 Figure 3: Perception of the Project Impacts-Negative...... 52 Figure 4: Map Showing PR06 Relocation Site in Brgy. Bella, Alicia ...... 104 Figure 5: Map Showing PR06 Relocation Site in Brgy. Lapirawan, Alicia ...... 105 Figure 6: Map Showing PR06 Relocation Site in Brgy. Bacao, Malangas...... 106 Figure 7: Map Showing PR06 Relocation Site in Brgy. Camanga, Malangas ...... 107 Figure 8: Map Showing PR06 Relocation Site in Brgy. Lipacan, Malangas ...... 108 Figure 9: Map Showing PR06 Relocation Site in Brgy. Logpond, Malangas ...... 109 Figure 10: Map Showing PR06 Relocation Site in Brgy. Poblacion, Malangas ...... 110 Figure 11: Map Showing PR06 Relocation Site in Brgy. Sinusayan, Malangas ...... 111 Figure 12: Map Showing PR06 Relocation Site in Brgy. Tackling, Malangas ...... 112

xii EXECUTIVE SUMMARY

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

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

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

4. The proposed Alicia-Malangas Road (PR-06) is one of the 3 core sub-projects under IGCMRSP. PR06 starts from K1769+648.00 to K1793+751.43 with a total gross length of 24,063.05 lineal meters. This length incorporates a realignment road section measuring 695.07m (from 1770+064.55 to 1770+759.62), which is 40.38m shorter than the corresponding original alignment section measuring 735.45m (from 1770+064.55 to 1770+800.00). PR06 aims to upgrade the existing provincial/ municipal roads to standard specifications of a national secondary road. PR06 will connect the two coastal communities of Alicia and Malangas. The existing gravel road with 3-5 meters width will be upgraded to concrete with 30-m road right-of-way (ROW). However, DPWH reduced the ROW limit to 20- m to minimize involuntary impacts and cut down acquisition cost of land, structures, trees and crops.

5. The civil works to be constructed are (i) 24,063.05 lineal meter road at 6.70 meters PCCP (Portland Cement Concrete Pavement) width and typical 1.5 meters paved shoulders on both sides (ii) eight bridges, seven PCDG bridges with a total length of 241.58 lineal meters and one RCDG bridge with a total length of 60.94 lineal meters (iii) drainage and slope protection structures; and (iv) miscellaneous structures.

6. Impacts from PR06 will involve road improvements to include widening, realignment and slope protection that will require acquisition of private land. Land acquisition will trigger physical and economic displacement requiring resettlement impacts assessment within 20m (10m from each side of the centerline) width ROW. The total land area to be acquired is 351,939m2. The Involuntary Resettlement (IR) of the Project will be the permanent loss of

land, permanent damage to structures, crops and trees. Temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and from work sites is also expected. It is also anticipated that there will be largely resettlement impacts on Indigenous Peoples/Indigenous cultural communities (IPs/ICCs).

7. Information on land acquisition impacts was obtained through an inventory of losses (IOL) survey, a project level census and a parcellary survey (cadastral survey). The IOL and census were initially conducted (07 June – 30 July 2017) based on the original project design of 24,103.43 m2 and 30m road right of way. The ROW width of the project was subsequently reduced to 20m and a supplementary IOL and census adjustment was undertaken on 06-15 November 2018 to revise the land acquisition data due to the revised project design. The realignment section drastically reduces the social impacts and the resettlement cost.

8. A total of 482 households (2,169 persons) will be affected by the acquisition of 351,939m2. Land acquisition traverses barangays in Alicia (5): 3% are in barangay Alegria, 52% are in barangay Bella, 23% are in barangay Ilisan, and 17% are in barangay Lapirawan and 5% are in Poblacion1. While land acquisition traverses barangays in Malangas: 32% are in barangay Bacao, 7% in are barangay Camanga, 28% are in barangay Catituan, 21% are in barangay Lipacan, 4% are in barangay Logpond, barangay Palalian2, barangay Poblacion3 and 8% are in barangay Tackling.

9. Of the 482 affected households, 114 HHs (513 persons) will lose land, 330 AHs (1,485 persons) will lose structures, including 258 AHs (1,161 persons) experiencing impacts on residential structures, 131 AHs (590 persons) will lose crops and 122 AHs (549 persons) will lose productive trees. A large proportion of the affected land is agricultural (86%). Of the 123 plots of affected agricultural land, 51 plots will be severely affected by loss of 10% or more and this equates to 32 households (144 persons) as some households own more than one plot. There are 126 affected businesses owned by 97 households (437 persons). There are 142 households considered vulnerable and 54 AHs are physically displaced and landless that are eligible for relocation assistance to a resettlement site.

10. On 19-25 March 2018, the public consultation for PR06 were conducted in the 15 barangays of the municipalities of Alicia and Malangas. The affected barangays of Alicia are Ilisan, Lapirawan, Alegria, Poblacion and Bella while affected barangays of Malangas are as follows: Sinusayan, Logpond, Camanga, Tigabon, Payag, Catituan, Tackling, Bacao, Poblacion and Lipacan. Coordination meetings and public consultations were undertaken to inform the primary and secondary stakeholders about the project background, scope, RIPP objectives, benefits, updates, basic resettlement policies (GOP and ADB), cut-off-date and announcement of succeeding resettlement activities such as conduct of perception survey, census, SES and IOL. As disclosed among the APs and local officials, the cut-off date of PR06 was on 07 June 2017. In addition, a consultation was carried out on 13 December 2019 for the people of the realignment section and the corresponding original alignment to inform them of the new development and the project progress.

11. The DPWH filed the Certification Precondition (CP)/ Certificate of Non-Overlap (CNO) application to the NCIP covering the 7 priority and candidate project roads on 27 October 2016. The pre-Field-Based Investigation (FBI) Conference (regional level) was held on January 2017 at the District Engineering Office (DEO), DPWH Zamboanga City. The conference was attended by regional officers and staff of DPWH, NCIP and the DED Consultant. It was then agreed that DPWH shall (i) complete the submission of requirements for CP/CNO application; and (ii) submit the Work and Financial Plan (WFP) addressed at the

1 with request for re-alignment; SB Resolution No. 0199a and related documents (Appendix 4) 2 affected land areas are now part of Barangay Payag, Sinusayan and Tigabon (government/public land) 3 government/public land

NCIP provincial level on a per Project Road basis. NCIP on the other hand committed to constitute Pre-FBI Teams as set forth in NCIP Administrative Order No. 3, Series 2012. After completing CP/CNO application requirements, the FBI Conference was held in Ipil, Zamboanga Sibugay dated November 2017.

12. An inter-agency meeting was held on 15 May 2018 at the Conference room, DPWH 9th Regional Office (RO), Tetuan, Zamboanga City, wherein Project Director requested the help of NCIP Director to fast-track the FPIC process in issuing the certification, given that the DPWH will comply with the process and submit the necessary documents.

13. The conduct of FBI did not push through right away in view of the decision of DPWH to reduce the ROW width limit to 20 meters to minimize involuntary impacts and cut down acquisition cost of land, structures, trees and crops. Then, DPWH and NCIP agreed on July 2018 to revise the WFP for the conduct of FBI and Validation. The approval of revised WFP paved the way for conduct of FBI in 15 barangays of Alicia and Malangas on 04-12 September 2018. The FBI Team strongly recommended the issuance of Certification Precondition (CP) in favor of the DPWH. Finally, the CP was issued on 08 April 2018.

14. Project affected people have been consulted through public consultation meetings undertaken in the project areas 19-25 March 2018 and 9-11 March 2019, attended by 586 people and 320 people, respectively. The primary goal of the coordination meetings and public consultations was to share information concerning the project by presenting to the primary and secondary stakeholders the project background, scope, objectives, benefits, updates, basic resettlement policies (GOP and ADB), cut-off-date and announcement of succeeding resettlement activities such as conduct of perception, census, SES and IOL. In addition, DPWH carried out a public consultation meeting on 13 December 2019 in Barangay Poblacion, Alicia regarding the realignment section. People from both the realignment section and the corresponding original alignment section were invited to attend to discuss the impact minimization benefits on the new realignment. Separate meetings were held with those eligible for income restoration support to discuss their needs and preferences for livelihood restoration and improvement assistance 22-26 July 2019. Disclosure of the RIPP to affected people was undertaken by DPWH representatives, DEO coordinator and consultants through dissemination of Public Information Brochure in June 2018 and through public consultation meetings conducted in the project affected areas 9-11 March 2019. The approved RIPP will be uploaded on ADB’s website.

15. The formation of Municipal Resettlement Implementation Committee (RIC) was conducted through a Memorandum of Understanding (MOU) on 02-03 July 2018 for Malangas and Alicia, respectively. The MOUs were signed by the DPWH, concerned local government units (LGUs), with the NCIP Provincial and RO. A Project Information Booklet (PIB) was also provided by the DEO and distributed to all APs. The PIB was presented and translated into local language.

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

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

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

19. In addition to the project GRM, ADB’s accountability mechanism (May 2012) also applies to the project. The accountability mechanism provides opportunities for people that are adversely affected by ADB-financed projects to express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguard policies.

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

21. With the approval of Republic Act 10752 on 07 March 2016, the policies of the Government to acquire land, improvements, crops and trees using valuation modalities anchored on current market value has significantly improved as compared to RA 8974. DPWH will offer to the property owner concerned, as compensation price, the sum of: (i) the current market value of land (ii) the replacement cost of structures and improvements and (iii) the current market value of crops and trees. Transaction costs will be borne by DPWH. To determine the appropriate price offer to acquire ROW through negotiated sale, DPWH will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by: (1) the Bangko Sentral ng Pilipinas (BSP) or (2) a professional association of appraisers recognized by BSP.

22. A survey on resettlement was carried out on 22- 26 July 2019 simultaneously with the Livelihood and Restoration Program (LRP) survey primarily to gather the APs intentions and needs for resettlement (resettlement site, on-site relocation, self-relocation to another area using their compensation). A total of 219 (86%) AHs were interviewed out of 256 AHs whose main housing structure would be severely affected. There were 37 AHs in Alicia and Malangas who were not interviewed due to unavailability of the AHs during the conduct of said resettlement survey.

23. The project has 54 relocating AHs in Alicia and Malangas to the project relocation sites as verified by DPWH. Since the relocating APs are less than 200 as standard of National Housing Authority (NHA) for socialized housing, the LGU will be the one to provide the relocation site. The identified relocation sites for development by the Municipality of Alicia are situated in Barangay Bella and Barangay Lapiwawan. While identified relocation sites in Malangas are situated in the following barangays: Bacao, Camanga, Lipacan, Logpond, Poblacion, Sinusayan and Tackling. The relocation sites are owned by the barangay. To secure the awarding of plots, barangay resolutions awarding lots to eligible relocatees were approved.

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

25. A Livelihood Restoration Program (LRP) Survey was also carried out simultaneously with the conduct of Resettlement Survey from 22-26 July 2019. The LRP Survey was

undertaken to solicit the AP’s intentions for livelihood restoration especially if AHs plan is to re-establish what they will lose (e.g. set up again their shop or buy replacement farming land) or do something new.

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

27. The Municipality of Malangas has several skill and livelihood training courses that were conducted from 2017-2019. The Municipality of Alicia has also a long list of skills and livelihood projects implemented since 2017. The LRP presents a planned income restoration and livelihood development measures based on needs assessment of the households eligible for livelihood restoration assistance under the RIPP.

28. The objective of the livelihood restoration program is to restore the livelihoods and income earning capacity of those whose productive resources have been severely affected by the project and provide an opportunity for vulnerable affected households to improve their living standards. As part of the RIPP entitlement provisions, people eligible to participate in the LRP are those whose livelihoods or productive resources are severely affected, those whose living standards are otherwise significantly disrupted by being required to physically relocate, or those who are classified as especially vulnerable wherein the RIPP aims to improve their living standards. 4

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

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

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

32. The budget for RIPP Implementation of PR06, Alicia-Malangas Road is PhP 158,565,940 (approx. USD 3,037,953) and is part of the government counterpart. The budget

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

items cover (i) compensation for loss of land, structures, trees, crops and other entitlements; (ii) other assistance (Transaction cost at 10% of land (BIR-ZV); (iii) livelihood restoration program; and (iv) relocation and resettlement. The budget item for RIPP implementation was updated based on DPWH validation for land, structures, crops and trees for PR06.

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

34. There will be two types of monitoring for PR06, the internal and external monitoring. The UPMO in coordination with the ESSD shall establish quarterly monitoring of the RIPP. In turn, UPMO shall report on RIPP implementation status in their quarterly project progress reports as well as submit a semi-annual monitoring report to ADB. To ensure RIPP compliance, the services of an external monitoring agent (EMA) will be procured by DPWH to provide an independent periodic review and assessment. Disclosure of semi-annual monitoring reports will be made upon submission to ADB and uploading to the ADB website.

I. PROJECT DESCRIPTION

A. Background

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

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

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

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

B. Description of the Sub-project

5. The proposed PR 06 is one of the nine sub-projects under IGCMRSP. PR06 starts from K1769+648.00 to K1793+751.43 with a total gross length of 24,063.05 lineal meters. PR06 connects the two coastal communities of Alicia and Malangas (Appendix 1).

6. The existing gravel road with 3-5m width will be upgraded to concrete. The 8 existing steel bridges, 7 with steel deck and 1 with concrete deck (3 steel I-girder and 5 modular steel truss) which fall below the DPWH national road standards in terms of geometry and load capacity, will be replaced. PR06 is a road improvement project that aims to upgrade the existing provincial/municipal roads to standard specifications of a national secondary road.

Figure 1. Sub-project Location

C. Civil Works to be Conducted

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

8. The major items of work include (i) construction of road at 6.70m PCCP width and 1.5m paved shoulders on both sides; (ii) construction of 8 bridges, seven PCDG bridges with a total length of 241.58 lineal meters and one RCDG bridge with a total length of 60.94 lineal meters; (iii) construction/improvement of drainage and slope protection structures; and (iv) construction of miscellaneous structures

D. Realignment Section

9. The road will follow the existing alignment except for one realignment section. There will be a 695.07m realignment in Poblacion, Alicia municipality.5 This is following the request of the local government unit (LGU) of Alicia to use an existing national highway which is

5 DPWH letter to ADB dated 22 October 2019 refers.

situated 416.55m away from the start of the road project. The realignment road section measures 695.07m (from 1770+064.55 to 1770+759.62), which is 40.38m shorter than the old alignment section measuring 735.45m (from 1770+064.55 to 1770+800.00). Hence, the final road length of PR 06 will be 24,063.05m. The following table summarizes the original and the new alignment details.

Table 1: Original and New Alignment Details Station Length of Net Bridge Road Station gross alignment Length of length Alignment equation6 length (m)7 Start End (m) PR (m) (m) Original 1770+064.55 1770+800.00 735.45 23,732.58 24,103.43 alignment 302.52 68.33 New 1770+064.55 1770+759.62 695.07 23,692.20 24,063.05 alignment difference 40.38 40.38

10. The following map shows the starting point of the realignment section as against the original alignment.

Km 1769+648 Km 1770+064.55 Start of PR 06 Start of the realignment

Figure 2: Start of PR 06 and Start of the Realignment Section

6 Refers to station equation – for back and ahead station to prevent changing all station location due to the effect of realignment/applies to horizontal alignment/adjustment. 7 sum of net length, bridge length and equation

E. Measures Adopted to Minimize Involuntary Resettlement Impacts

11. Resettlement impacts have been minimized principally by minimizing the right of way (ROW) width to 20m and by incorporating a realignment section that greatly reduced the number of project affected persons. The standard ROW width for national highways is minimum 20m or typically wider. The new ROW for the upgraded PR06 was originally designed to be 30m in accordance with the updated DPWH Design Guidelines, Criteria and Standards (DGCS, 2015 Edition). However, DPWH reduced the ROW limit to 20m to minimize involuntary resettlement impacts and reduce acquisition cost of land, structures, trees and crops (Appendix 2) This had been considered after consultations with relevant stakeholders during the project preparations and appropriate technical investigation for the project.

12. Resettlement impacts are significantly reduced as a result of incorporating the 695m realignment section in the design. On the realignment section, only two structure owners, three lot owners as well as eight tree owners and seven crop owners will be affected. In comparison, the corresponding original alignment section would have affected 22 structure owners, 28 lot owners and eight tree and crop owners.

F. Anticipated Social Safeguard Impacts

13. PR06 will involve road improvements to include widening and slope protection that will require acquisition of private land. Land acquisition will trigger physical and economic displacement requiring resettlement impacts assessment within the ROW width.

14. The IR impact of the Project will be the permanent loss of land along the 20m ROW, and permanent damage to structures, crops and trees. There will be 482 AHs with 2,169 household members. The total area to be acquired for the project is 351,939m2, including approximately 76,296 m2 used for the existing road but still privately owned. There will be 271 affected housing structures owned by 258AHs. Temporary loss or disruption of land use or other assets during construction works, particularly the movement and lay down of construction materials to and from work sites, is also expected. In addition, there will be resettlement impacts on the IPs/ICCs.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Methodology of the Surveys

15. Information on land acquisition impacts was obtained through an inventory of losses (IOL) survey, a project level census, and a parcellary survey (cadastral survey). The IOL and census were initially conducted (07 June – 30 July 2017) based on the original project design of 24,103.43-m and 30m road right of way. The ROW width of the project was subsequently reduced to 20m. A supplementary IOL and census adjustment was undertaken on 06-15 November 2018 to revise the land acquisition data due to the revised ROW width in the project design.

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

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

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

B. Summary of Project Impacts

19. A total of 482 households (2,169 persons) will be affected by the acquisition of 351,939m2 of land. Land acquisition traverses the two municipalities of Alicia and Malangas with 15 barangays: Alegria, Bella, Ilisan, Poblacion and Lapirawan (in Alicia municipality); and Bacao, Camanga, Catituan, Lipacan, Logpond, Payag, Poblacion, Sinusayan, Tackling and Tigabon (in Malangas municipality).

20. Of the 482 AHs, 114 AHs (513 persons) will lose land, 330 AHs (1,485 persons) will lose structures, including 258 AHs (1,161 persons) experiencing impacts on residential structures. A total of 131 AHs (590 persons) will lose crops and 122 AHs (549 persons) will lose productive trees. Of the 143 affected parcels of land, 123 plots (86%) are agricultural, while 20 plots (14%) are residential. Thirty-two households will experience severe loss of agricultural land, losing 10% or more of productive land. No households with affected residential land will be left with residual portions that are unviable for continued use. There are 126 affected businesses owned by 97 AHs (437 persons). Also, there are 142 AHs considered vulnerable and 54 AHs are physically displaced and landless and are eligible for relocation assistance to a resettlement site.

21. A summary of impacts is provided in Table 2. Affected Household by loss type is provided in Appendix 3.

Table 2: Subproject Summary of Impacts

Loss Category Unit Quantity

Total affected households HH 482 Affected persons AP 2,169 Loss of land (for acquisition) m2 351,939 Affected parcels of land unit 143 AHs by loss of land HH 114 Total loss of structures (main, secondary and community) Unit 728 Loss of main and secondary structures Unit 578 Total AHs by loss of main and secondary structures HH 3308 AHs by impacts on residential structures HH 258 AHs with severely affected residential structures HH 256 AHs with affected commercial structures (includes residential- HH 97 cum-commercial structures) AHs with severely affected commercial structures (includes HH 96 residential-cum-commercial structures) AHs with secondary affected structures HH 154 AHs eligible for resettlement site plot HH 54 Affected community structures Unit 150 Affected land under crop cultivation m2 102,269 Number of AHs by loss of crops HH 131 Affected trees Unit 5,801 Number of AHs by loss of trees HH 122 Affected business income Unit 126 Vulnerable households HH 142 Poor household (PSA 2015 thresholds for ZS) HH 99 Household with elderly household head >60 HH 59 Household with women household head HH 17

1. Impact on land

22. The Alicia-Malangas Road measures 24,063.05m with a realignment section of 695.07m (from 1770+064.55 to 1770+759.62). With a ROW limit of 20m, implementation of the road project will require acquisition of 351,939m2 of land. The privately-owned affected land consists of 76,269m2 used for the existing road, but still privately owned, and 275,670m2 additional land needed for project works. The total area of privately-owned land of 351,939m2 is subject to compensation as well as the newly acquired land for the ROW. The area traversed by the road in barangay Poblacion in Alicia and Barangay Palalian (Payag/ Sinusayan/Tigabon) & Poblacion in Malangas, is government/public land. The table below provides details of the project components requiring land acquisition and areas to be affected.

8 An affected household may have more than one affected asset.

Table 3: Project Components Requiring Land Acquisition and Areas to be Affected

Total Area of Area of the Affected area Project Municipality/ affected lots existing excluding the Components Barangay (m2) road* existing road

Alicia 146,279 32,566 113,713 Alegria 4,761 2,251 2,510 Bella 75,796 12,996 62,800 Ilisan 33,099 7,179 25,920 Lapirawan 25,255 8,057 17,198 a. Road improvement, Poblacion** 7,368 2,083 5,285 upgrading, concreting Malangas 205,660 43,703 161,957 b. Construction of 8 Bacao 66,572 8,796 57,776 bridges and c. Construction/ Camanga 13,373 14,354 -981 improvement of Catituan 57,595 8,491 49,104 drainage and slope protection Lipacan 43,371 6,510 36,861 Logpond 8,800 1,551 7,249 Palalian*** - - - Poblacion**** - - - Tackling 16,249 4,001 12,248 TOTAL 351,939 76,269 275,670 * based on the average road width of 3.5M ** with request for re-alignment (government/public land); SB Resolution No. 0199a and related documents (Appendix 4) *** affected land areas are now part of Barangay Payag, Sinusayan and Tigabon (government/public land) ****government/public land

23. The total land area required from AHs is 351,939m2, belonging to or being utilized/ occupied by 114 AHs (513 persons) owning 143 parcels of land (Table 4). The total land area (acquired plus residual portion) is 6,447,252m2. The affected area of 351,939m for land acquisition is divided between 261,800m2 classified as agricultural and 90,139m2 classified as residential. In total, the 32 AHs will lose 10% or more of agricultural land and no AHs will be left with residential plots that are unviable for continued use. This is further discussed further below. There is no commercial or industrial land affected by the project.

Table 4: AHs by Loss of Land and Severity No. of AHs Number of Lots Land Area Municipality/ Severely Affected Remaining Barangay Total Total Agricultural Residential Total (m2) AHs (m2) (m2) Alicia 54 21 75 69 6 1,798,973 146,279 1,652,694 Alegria 2 1 2 2 0 51,765 4,761 47,004 Bella 25 10 41 40 1 847,973 75,796 772,177 Ilisan 16 7 19 14 5 421,523 33,099 388,424 Lapirawan 8 1 10 10 0 428,380 25,255 403,125 Poblacion* 3 2 3 3 - 49,332 7,368.00 41,964 Malangas 60 11 68 54 14 4,648,279 205,660 4,442,619 Bacao 16 3 16 11 5 1,666,758 66,272 1,600,486

Camanga 3 0 3 3 0 345,437 13,373 332,064 Catituan 23 6 28 25 3 1,138,368 57,595 1,080,773 Lipacan 9 1 10 5 5 861,524 43,371 818,153 Logpond 6 1 8 7 1 126,545 8,800 117,745 Palalian** ------Poblacion*** ------Tackling 3 0 3 3 0 509,648 16,249 493,399 TOTAL 114 32 143 123 20 6,447,252 351,939 6,095,313 * with request for re-alignment (government/public land; SB Resolution No. 0199a (Appendix 4) ** affected land area are now part of Barangay Payag, Sinusayan and Tigabon (government/public land) ***government/public land

24. Severity of the affected agricultural land. Out of 143 parcels of land (114 HHs), 123 parcels of agricultural land (95 HHs) will be affected totalling 261,800m2. Of this, 72 land parcels will be affected by less than 10% of their land area and 51 plots (32 HHs with 144 persons) will be affected by 10% or more. Of the plots being severely affected by loss of 10% or more, 43 land parcels will lose 10% to 25% of their land area, 5 will lose 26% to 50% of their land area, and 3 land parcels will lose more than 50% of their land area. There are no plots totally affected and the remaining portions of all affected agricultural plots are economically viable. Some households own more than one plot. The tables below present the severity of losses by location and number of affected households.

Table 5: Severity of Agricultural Land Percentage of Impact on Land Parcels No. of No. of economically No. of Municipality Severely viable Severely / Barangay Affected <10% 10%-25% 26%-50% 51%-100% Total remaining AHs Lots land parcels

Alicia 35 27 4 3 69 34 69 21 Alegria 1 1 0 0 2 1 2 1 Bella 19 18 2 1 40 21 40 10 Ilisan 6 5 2 1 14 8 14 7 Lapirawan 8 2 0 0 10 2 10 1 Poblacion* 1 1 - 1 3 2 3 2 Malangas 37 16 1 0 54 17 54 11 Bacao 8 3 0 0 11 3 11 3 Camanga 3 0 0 0 3 0 3 0 Catituan 15 9 1 0 25 10 25 6 Lipacan 4 1 0 0 5 1 5 1 Logpond 4 3 0 0 7 3 7 1 Palalian** ------Poblacion*** ------Tackling 3 0 0 0 3 0 3 0 TOTAL 72 43 5 39 123 51 123 32 * with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4) ** affected land area are now part of Barangay Payag, Sinusayan and Tigabon (government/public land) ***government/public land

9 The land loss of 51%-100% includes 79% in Bella, 58% in Ilisan and 52% in Poblacion. Of these, the remaining land are still economically viable for cultivation.

25. Of the 95 affected HHs, there are 32 households experiencing severe loss of agricultural land. None of the 32 severely AHs will be physically displaced.

Table 6: Number of Affected Agricultural Land and Households No. of Affected No. of HHs Severely Affected Municipality/ No. of Severely Agricultural by Loss of Agricultural Land Barangay HHs AHs Land Parcels and also Physically Displaced Alicia 69 48 21 0 Alegria 2 2 1 0 Bella 40 24 10 0 Ilisan 14 11 7 0 Lapirawan 10 8 1 0 Poblacion* 3 3 2 0 Malangas 54 47 11 0 Bacao 11 11 3 0 Camanga 3 3 0 0 Catituan 25 20 6 0 Lipacan 5 5 1 0 Logpond 7 5 1 0 Palalian** - - - - Poblacion*** - - - - Tackling 3 3 0 0 TOTAL 123 95 32 0

26. There is a total of 123 agricultural plots. Of these, most of the affected plots (61 units) have proof of ownership, while the 62 plots do not have proof of ownership.

Table 7: Tenure Status of Affected Agricultural Land and Households (by Land Parcels) Total No. No. of Land with Proof of Ownership No. of Land of Municipality/ without Affected With Titled with with Tax Barangay Proof of Agric. Title Tax Declaration Total Ownership Land only Declaration Only Alicia 69 3 26 32 61 8 Alegria 2 0 2 0 2 0 Bella 40 0 17 16 33 7 Ilisan 14 0 3 10 13 1 Lapirawan 10 0 4 6 10 0 Poblacion* 3 3 0 0 3 0 Malangas 54 0 0 0 0 54 Bacao 11 0 0 0 0 11 Camanga 3 0 0 0 0 3 Catituan 25 0 0 0 0 25 Lipacan 5 0 0 0 0 5 Logpond 7 0 0 0 0 7 Palalian** ------

Poblacion*** ------Tackling 3 0 0 0 0 3 TOTAL 123 3 26 32 61 62

27. Severity of the affected residential land. There will be 20 parcels of residential land (19 HHs) affected totalling 90,139m2. Of these, six (6) parcels of land (6 HHs) will be at least 10% loss and there will be no totally affected with residual portions being unsuitable for residential purposes (Table 8).

Table 8: Severity of Residential Land Percentage of Impact on Land Parcels No. of viable Municipality/ remaining No. of Barangay <10% 10%-25% 26%-50% 51%-100% Total residential AHs parcels10 Alicia 2 0 1 3 6 6 6 Alegria 0 0 0 0 0 0 0 Bella 1 0 0 0 1 1 1 Ilisan 1 0 1 3 5 5 5 Lapirawan 0 0 0 0 0 0 0 Poblacion* ------Malangas 12 2 0 0 14 14 13 Bacao 4 1 0 0 5 5 5 Camanga 0 0 0 0 0 0 0 Catituan 3 0 0 0 3 3 3 Lipacan 4 1 0 0 5 5 4 Logpond 1 0 0 0 1 1 1 Palalian** ------Poblacion ------Tackling 0 0 0 0 0 0 0 TOTAL 14 2 1 3 20 20 19

28. Of the 20 residential plots owned by 19 affected households, none are considered to be non-viable for continued use for residential purposes after land acquisition with remaining portion being less than 100m2.

Table 9: Number of Affected Residential Land and Households

No. of Affected No. of non-viable Municipality/ Residential Land No. of HHs remaining residential Barangay Parcels parcels

Alicia 6 6 0 Alegria 0 0 0 Bella 1 1 0 Ilisan 5 5 0 Lapirawan 0 0 0 Poblacion* - - -

10 For planning purposes, residential plots are considered non-viable when the residual portion is less than 100m2 and the entire plot will be acquired with agreement from the AH. However, APs may also request DPWH to acquire entire plot if the residual portion is larger than 100m2 if the AH considers the residual portion unsuitable, which will be further considered and assessed by DPWH.

Malangas 14 13 0 Bacao 5 5 0 Camanga 0 0 0 Catituan 3 3 0 Lipacan 5 4 0 Logpond 1 1 0 Palalian** - - - Poblacion - - - Tackling 0 0 0 TOTAL 20 19 0

2. Impacts on structures

29. A total of 728 structures will be affected of which 271 are residential structures (226 residential and 45 residential-commercial), 81 commercial structures, and 226 secondary structures owned by 330 AHs and 150 are community structures will be affected.

Table 10: Loss of Structures Type of Structures No. of Municipality/ Affected Residential Structures Barangay Commercial Secondary Community Structures Purely Residential Only Structures Structures Residential Commercial Alicia 202 54 18 31 64 35 Alegria 26 11 1 4 8 2 Bella 109 30 15 18 36 10 Ilisan 45 6 0 7 10 22 Lapirawan 19 7 0 2 9 1 Poblacion* 3 0 2 0 1 - Malangas 526 172 27 50 162 115 Bacao 39 12 1 3 17 6

Camanga 142 44 10 14 50 24

Catituan 20 7 0 2 9 2 Lipacan 89 28 3 7 23 28 Logpond 36 6 2 8 2 18 Payag 22 7 2 2 7 4

Poblacion 56 19 2 5 28 2

Sinusayan 41 15 4 2 14 6

Tackling 70 32 3 7 12 16 Tigabon 11 2 0 0 0 9 TOTAL 728 226 45 81 226 150 *with request for re-alignment (government/public land); SB Resolution No. 0199a (see Appendix 4)

30. Housing Structures. Almost all of the residential structures will be severely affected and will be required to be rebuilt, either on residual unaffected land or on a new site. Of the

271 residential structures, 269 units will be severely affected. Most of these severely affected houses are located in Malangas (198).

Table 11: AHs by Loss of Residential Structures and Severity Loss of Structures and Severity

Municipality/ No. of Barangay AHs No. of Affected Total Area Affected HHs with Severely Structures (m2) Area (m2) Affected Structures

Alicia 70 72 2,845 2,747 69 Alegria 12 12 543 543 12 Bella 43 45 1,589 1,589 43 Ilisan 6 6 212 212 6 Lapirawan 7 7 307 307 7 Poblacion* 2 2 118 55 1 Malangas 188 199 9,400 9,356 187 Bacao 13 13 564 564 13 Camanga 49 54 3,157 3,157 49 Catituan 7 7 311 311 7 Lipacan 29 31 1,305 1,305 29 Logpond 8 8 529 529 8 Payag 9 9 360 360 9 Poblacion 19 21 725 725 19 Sinusayan 18 19 770 770 18 Tackling 34 35 1,603 1,559 33 Tigabon 2 2 77 77 2 TOTAL 258 27111 12,245 12,103 256

31. Of the affected residential structures, 226 are purely residential and 45 are residential- cum-commercial structures. Sixty –eight percent (68%) or 184 units are permanent while 32% are semi-permanent structures.

Table 12: Affected Residential Structures by Condition Main Structures Municipality/ Barangay Permanent Semi-permanent Total Alicia 57 15 72 Alegria 8 4 12 Bella 38 7 45 Ilisan 4 2 6 Lapirawan 6 1 7 Poblacion 1 1 2 Malangas 127 72 199 Bacao 10 3 13 Camanga 32 22 54

11 Including 226 residential and 45 residential-cum-commercial structures.

Catituan 5 2 7 Lipacan 24 7 31 Logpond 3 5 8 Payag 5 4 9 Poblacion 13 8 21 Sinusayan 14 5 19 Tackling 19 16 35 Tigabon 2 0 2 TOTAL 184 87 271 *including 45 residential-commercial structures

32. The following table shows that the project will impact a total of 271 residential structures (258 HHs). Of this number, 269 residential structures will be severely affected affecting 256 HHs (some households have more than one affected house structure), and two (2) structure will be marginally affected. Severely AHs without legal rights to the affected land they occupied are eligible for relocation to a resettlement site.

Table 13: Severity of Impact on Residential Structures Impacts on Residential Structures Municipality/ No. of Severely Barangay AHs Severely Marginally Total Affected AHs Affected Affected Structures Alicia 70 71 1 72 69 Alegria 12 12 0 12 12 Bella 43 45 0 45 43 Ilisan 6 6 0 6 6 Lapirawan 7 7 0 7 7 Poblacion* 2 1 1 2 1 Malangas 188 198 1 199 187 Bacao 13 13 0 12 13 Camanga 49 54 0 54 49 Catituan 7 7 0 7 7 Lipacan 29 31 0 31 29 Logpond 8 8 0 8 8 Payag 9 9 0 9 9 Poblacion 19 21 0 21 19 Sinusayan 18 19 0 19 18 Tackling 34 34 1 35 33 Tigabon 2 2 0 2 2 TOTAL 258 269 2 271 256

33. There are 256 households with severely affected houses who do not own the land upon which the house is built. This number includes those who have built houses on land that has legal tenure owned by others and for which the AH does not have legal rights (e.g. land belonging to a family member). Based on DPWH validation, 202 of these AHs own alternative land and 54 are landless. The 54 landless households will be provided with a resettlement site plot.

Table 14: Land Tenure Status of AHs with Severely Affected Houses AHs with Severely AHs with Severely AHs with Severely Affected Affected Houses not Affected Houses without Houses Owning Alternative Owning the Affected Alternative Land Land Land 69 20 49 12 0 12 43 19 24 6 0 6 7 1 6 1 0 1 187 34 153 13 2 11 49 2 47 7 0 7 29 11 18 8 1 7 9 0 9 19 9 10 18 2 16 33 7 26 2 0 2 256 54 202

34. Commercial Structures. There is a total of 126 commercial structures owned by 97 households. The structures consist of 81 purely commercial and 45 residential-cum- commercial. Almost all (99%) commercial structures will be severely affected.

Table 15: AHs by Loss of Commercial Structures and Severity Loss of Structures and Severity

Municipality/ No. of Total No. of Affected Affected HHs with Severely Barangay AHs Area Structures Area (m2) Affected Structures (m2)

Alicia 41 49 1,235 1,144 41 Alegria 4 5 96 96 4 Bella 26 33 698 698 26 Ilisan 7 7 239 239 7 Lapirawan 2 2 42 42 2 Poblacion* 2 2 118 55 2 Malangas 56 77 2,400 2,357 55 Bacao 3 4 214 214 3 Camanga 17 24 832 832 17 Catituan 2 2 30 30 2 Lipacan 7 10 139 139 7

Logpond 5 10 416 416 5 Payag 2 4 153 153 2 Poblacion 7 7 233 233 7 Sinusayan 5 6 206 206 5 Tackling 8 10 178 134 7 TOTAL 97 126 3,635 3,501 96

35. Seventy percent (70%) of the commercial structures are permanent while 30% are semi-permanent structures.

Table 16: Affected Commercial Structures by Condition Municipality/ Barangay Commercial Structures Permanent Semi-permanent Total Alicia 39 10 49 Alegria 2 3 5 Bella 29 4 33 Ilisan 6 1 7 Lapirawan 1 1 2 Poblacion 2 1 3 Malangas 49 28 77 Bacao 3 1 4 Camanga 14 10 24 Catituan 2 0 2 Lipacan 6 4 10 Logpond 6 4 10 Payag 2 2 4 Poblacion 5 2 7 Sinusayan 6 0 6 Tackling 5 5 10 Tigabon 0 0 0 TOTAL 88 38 126 *including 45 residential-commercial structures

36. Secondary Structures. There are 226 affected secondary structures, barangay Camanga has the highest percentage of affected secondary structures amounting to 22% (50 structures). See table below for the number of affected secondary structures per barangay.

Table 17: Number and Use of Affected Secondary Structures

Use of Structures

No. of

Municipality/ Affected

Barangay Secondary

etc.

wall

area ouse

Structures cage,

Others

Pathway,

fishpond,

plantbox,

Deep well, Deep

stairs,etc.

pigpen,etc.

Fence, gate,Fence,

Shed/waiting

Bench,canal,

faucet,pump,

Burner,dryer,

Storage/wareh pavement, etc. Alicia 64 1 11 1 18 9 10 2 12 Alegria 8 0 1 0 3 0 2 0 2 Bella 36 1 4 1 8 9 4 2 7 Ilisan 10 0 2 0 5 0 1 0 2 Lapirawan 9 0 4 0 2 0 2 0 1 Poblacion* 1 0 0 0 0 0 1 0 0 Malangas 162 9 11 11 59 21 9 5 35 Bacao 17 0 2 6 3 3 0 0 3 Camanga 50 6 4 2 14 8 3 2 11 Catituan 9 1 0 2 1 1 3 0 1 Lipacan 23 0 1 0 10 3 1 0 8 Logpond 2 0 1 0 0 0 0 0 1 Payag 7 0 1 0 3 0 0 0 3 Poblacion 28 1 0 0 20 1 1 1 4 Sinusayan 14 0 2 0 3 1 1 2 5 Tackling 12 1 0 1 5 4 0 0 1 Tigabon 0 0 0 0 0 0 0 0 0 TOTAL 226 10 22 12 77 30 19 7 47 *with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4)

37. All secondary structures (226) will be severely affected.

Table 18: AHs by Loss of Secondary Structures and Severity Loss of Structures and Severity Municipality/ No. of Total No. of Affected Affected HHs with Severely Barangay AHs Area Structures Area (m2) Affected Structures (m2) Alicia 47 64 891 891 47 Alegria 6 8 145 145 6 Bella 24 36 486 486 24 Ilisan 9 10 141 141 9 Lapirawan 7 9 111 111 7 Poblacion* 1 1 9 9 1 Malangas 107 162 2,499 2,499 107 Bacao 11 17 121 121 11 Camanga 29 50 852 852 29 Catituan 8 9 94 94 8 Lipacan 14 23 331 331 14

Logpond 2 2 42 42 2 Payag 6 7 130 130 6 Poblacion 20 28 543 543 20 Sinusayan 8 14 222 222 8 Tackling 9 12 164 164 9 Tigabon 0 0 0 0 0 TOTAL 154 226 3,390 3,390 154

38. Most of the secondary structures (96% or 217 units) are permanent while 4% or 9 units are semi-permanent structures.

Table 19: Affected Secondary Structures by Condition (all structure types) Municipality/ Barangay Secondary Structures Permanent Semi-permanent Total Alicia 64 3 67 Alegria 8 0 8 Bella 36 2 38 Ilisan 10 0 10 Lapirawan 9 0 9 Poblacion 1 1 2 Malangas 153 6 159 Bacao 17 0 17 Camanga 50 2 52 Catituan 0 0 0 Lipacan 23 1 24 Logpond 2 0 2 Payag 7 0 7 Poblacion 28 2 30 Sinusayan 14 1 15 Tackling 12 0 12 Tigabon 0 0 0 TOTAL 217 9 226

39. Community Structures. Of the 150 affected community structures, barangay Lipacan has the greatest number of affected structures amounting to 28 units.12 Almost all (148 structures representing 99%) are public structures while the remaining two (2) structures or 1% is a privately owned. All the affected community-owned structures are severely affected.

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

Table 20: Severity of Impacts on Community Structures No. of Private Public Municipality/ Affected Barangay Community Severely Marginally Severely Marginally Structures* Affected Affected Affected Affected Alicia 35 0 0 35 0 Alegria 2 0 - 2 - Bella 10 0 - 10 - Ilisan 22 0 - 22 - Lapirawan 1 0 - 1 - Malangas 115 2 0 113 0 Bacao 6 0 - 6 - Camanga 24 0 - 24 - Catituan 2 0 - 2 - Lipacan 28 1 - 27 - Logpond 18 0 - 18 - Payag 4 0 - 4 - Poblacion 2 1 - 1 - Sinusayan 6 0 - 6 - Tackling 16 0 - 16 - Tigabon 9 0 - 9 - TOTAL 150 2 0 148 0

40. Table below summarizes identified community structures per barangay. The list includes among others, a barangay hall, church, mosque, market and two gymnasiums. A barangay resolution will be executed authorizing Punong Barangay (barangay captain) to receive the compensation for the restoration of the affected community-owned structures (Appendix 5: Barangay Resolution (of 14 barangays) Authorizing the Punong Barangay (Barangay Captain) to Receive the Compensation for the Restoration of the Affected Community-owned Structures). The barangay officials are responsible for demolition and arranging for rebuilding the structures. In the case of community owned structure, owners will receive the compensation and are responsible for rebuilding the structures. In case the barangay needs assistance in rebuilding the affected structures, DPWH will provide the required assistance.

Table 21: Number and Use of Community Structures

Use of Structures

No. of

Municipality/ Affected Barangay Community

Structure etc.

Others

Pathway,

Billboard,

pump,etc.

lamp,solar)

pavement, etc.

box, stairs,box, etc.

Post (electrical, Post

Fence, gate,Fence, wall

Deep well, Deep faucet,

Shed/waitingarea

directory,signage, Bench,canal, plant

Alicia 35 6 6 10 0 3 0 4 6 Alegria 2 0 1 0 0 0 0 1 0 Bella 10 0 1 5 0 2 0 0 2 Ilisan 22 6 3 5 0 1 0 3 4

Lapirawan 1 0 1 0 0 0 0 0 0 Malangas 115 1 24 4 5 7 33 14 27 Bacao 6 0 4 1 0 1 0 0 0 Camanga 24 0 6 1 1 2 7 2 5 Catituan 2 0 2 0 0 0 0 0 0 Lipacan 28 0 2 0 1 1 17 2 5 Logpond 18 0 2 0 2 2 0 4 8 Payag 4 0 2 0 0 0 0 1 1 Poblacion 2 0 1 0 0 0 0 0 1 Sinusayan 6 0 1 2 0 0 0 1 2 Tackling 16 1 4 0 1 1 0 4 5 Tigabon 9 0 0 0 0 0 9 0 0 TOTAL 150 7 30 14 5 10 33 18 33

3. Impacts on trees and crops

41. A total of 122 AHs will lose 5,801 trees and 131 AHs will lose 102,269m2 of crops. Barangay Tackling has the highest percentage of losses for trees with 24% while barangay Bacao has the highest percentage of losses for crops with 24%. See table below for further details.

Table 22: AHs by Loss of Trees and Crops Trees Crops Municipality/ No. of AHs Quantity No of AHs Area (m2) Barangay Alicia 52 1,873 54 32,213 Alegria 2 74 2 560 Bella 22 940 21 14,117 Ilisan 13 439 16 11,618 Lapirawan 7 266 8 3,618 Poblacion* 8 154 7 2,300 Malangas 70 3,928 77 70,056 Bacao 15 543 14 24,367 Camanga 3 384 3 4,382 Catituan 21 813 23 15,542 Lipacan 10 404 9 11,635 Logpond 5 38 6 2,751 Palalian** 1 61 1 707 Poblacion*** 11 298 17 2,276 Tackling 4 1,387 4 8,396 TOTAL 122 5,801 131 102,269 * with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4) ** affected land area are now part of Barangay Payag, Sinusayan and Tigabon (government/public land) ****government/public land

4. Impacts on business

42. There are 126 affected businesses owned by 97 AHs. The vast majority (113 businesses or 90%) are variety store/shops commonly called “sari-sari” stores. Twenty-six

percent (33 businesses) are in barangay Bella as shown in table below. No employees are noted to be employed in the affected businesses.

Table 23: AHs by Loss of Business Affected Business Municipality No. of Variety Vulcanizing Total / Barangay AHs Rice mill Others store/shops shop Alicia 41 43 2 0 4 49 Alegria 4 4 1 0 0 5 Bella 26 31 1 0 1 33 Ilisan 7 6 0 0 1 7 Lapirawan 2 1 0 0 1 2 Poblacion* 2 1 - - 1 2 Malangas 56 70 2 2 3 77 Bacao 3 3 0 1 0 4 Camanga 17 23 0 0 1 24 Catituan 2 0 1 0 1 2 Lipacan 7 10 0 0 0 10 Logpond 5 9 0 0 1 10 Payag 2 4 0 0 0 4 Poblacion 7 6 0 1 0 7 Sinusayan 5 6 0 0 0 6 Tackling 8 9 1 0 0 10 Tigabon 0 0 0 0 0 0 TOTAL 97 11313 4 2 7 126 *with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4)

43. As for the loss of productive assets, table below shows that 125 businesses (99%) are severely affected. These are mostly local variety/convenience stores that would be permanently affected. Permanent impacts require not only compensation and transitional assistance but also provision of income restoration measures.

Table 24: Nature of Impact on Business per Barangay

Affected Business Severity

Municipality/ Permanently Temporarily

Barangay Affected Affected

shop Total

Others

Variety

Affected Affected

Severely

Rice mill Rice

Marginally

Vulcanizing store/shops

Alicia 43 2 0 4 49 49 0 49 0 Alegria 4 1 0 0 5 5 0 5 0 Bella 31 1 0 1 33 33 0 33 0 Ilisan 6 0 0 1 7 7 0 7 0 Lapirawan 1 0 0 1 2 2 0 2 0 Poblacion* 1 0 0 1 2 2 0 2 0

13 Consist of 81 purely commercial and 45 residential-cum-commercial structures.

Malangas 70 2 2 3 77 76 1 76 1 Bacao 3 0 1 0 4 4 0 4 0 Camanga 23 0 0 1 24 24 0 24 0 Catituan 0 1 0 1 2 2 0 2 0 Lipacan 10 0 0 0 10 10 0 10 0 Logpond 9 0 0 1 10 10 0 10 0 Payag 4 0 0 0 4 4 0 4 0 Poblacion 6 0 1 0 7 7 0 7 0 Sinusayan 6 0 0 0 6 6 0 6 0 Tackling 9 1 0 0 10 9 1 9 1 Tigabon 0 0 0 0 0 0 0 0 0 TOTAL 113 4 2 7 126 125 1 125 1 *with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4)

5. Vulnerable Households

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

45. A total of 142 households were identified as vulnerable. The majority of these are considered poor (57%), followed by the elderly (34%) and female headed households (10%). It is noted that some HHs have multiple indicators of vulnerability. The poor are those who are below the recognized poverty line. The annual per capita poverty threshold in Zamboanga Sibugay is PhP 20,551.14

Table 25: Vulnerability of AHs Vulnerability Vulnerable AHs Municipality/ Barangay Single Total Poor Elderly No. Percent FHH Instances Alicia 26 17 3 45 38 27% Alegria 4 1 1 6 5 4% Bella 15 11 1 27 23 16% Ilisan 3 3 0 6 5 4% Lapirawan 4 1 0 5 4 3% Poblacion 0 1 1 1 1 1% Malangas 73 42 14 129 104 73% Bacao 9 5 2 16 11 8% Camanga 17 11 2 30 25 17% Catituan 4 2 0 6 5 4% Lipacan 8 4 4 16 13 9% Logpond 1 0 0 1 1 1% Payag 3 3 1 7 5 4%

14 Official Poverty Statistics of the Philippines. Philippines Statistics Authority, 2015.

Poblacion 4 5 2 11 10 7% Sinusayan 7 7 3 17 12 8% Tackling 20 5 0 25 22 15% Tigabon 0 0 0 0 0 0% TOTAL 99 59 17 174 142 100% *with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4)

6. Physically and Economically Displaced HH

46. There is a total of 324 HHs who are physically and/or economically displaced and/or vulnerable. There are 256 households whose houses will be severely affected and are considered as physically displaced. There are 115 HHs whose livelihood sources will be severely affected by loss of 10% or more and are considered economically displaced. These consist of 77 HHs with affected businesses (typically small stores such as sari-sari) and 38 severely affected farming households losing 10% or more of the land that they cultivate. In addition, there are 142 HHs who are considered vulnerable (see above). These households are eligible for additional support and assistance by the project through the Livelihood Restoration Program (LRP). A breakdown of these households by location and type is presented in the table below.

Table 26: Number of physically and economically displaced and eligible for LRP

Affected Households Total Municipality/ No. of Barangay Severely House Store Vulnerable Total AHs affected farming owners owners AHs Instances households Alicia 69 32 26 39 164 110 Alegria 12 2 1 5 20 13 Bella 43 22 14 23 102 64 Ilisan 6 5 7 5 21 19 Lapirawan 7 1 2 4 14 9 Poblacion* 1 2 2 2 7 5 Malangas 187 45 12 103 343 214 Bacao 13 3 3 11 29 18 Camanga 49 15 0 25 88 50 Catituan 7 1 7 5 20 15 Lipacan 29 6 1 13 48 33 Logpond 8 4 1 1 14 11 Payag 8 2 0 5 15 9 Poblacion 19 4 0 10 33 20 Sinusayan 18 3 0 11 32 18 Tackling 34 7 0 22 62 38 Tigabon 2 0 0 0 2 2 TOTAL 256 77 38 142 507 324 *with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4)

7. Ethnicity

47. There are 9 indigenous people (IP) households who are ethnic Subanen, Maguindanao, Lumad living in Bella of Alicia and Camanga, Lipacan and Payag of Malangas.

Table 27: Number of IPs per barangay

Municipality/ Indigenous People Total Barangay Lumad Maguindanao Subanen Alicia 1 0 2 3 Bella 1 0 2 3 Malangas 2 1 3 6 Camanga 2 0 2 4 Lipacan 0 1 0 1 Payag 0 0 1 1 TOTAL 3 1 5 9 *with request for re-alignment (government/public land); SB Resolution No. 0199a (Appendix 4)

48. Of these, all 9 will have severely affected houses and 4 will also have affected businesses and none have affected farms. Three are considered vulnerable, being poor.

Table 28: IPs by Type of Impact Group by Impact Municipality/ No. of Severely Affected Business Vulnerable AH Barangay AHs Farmers House Owners Owners Poor Alicia 3 3 3 0 1 Bella 3 3 3 0 1 Malangas 6 6 1 0 2 Camanga 4 4 1 0 2 Lipacan 1 1 0 0 0 Payag 1 1 0 0 0 TOTAL 9 9 4 0 3

49. With regard to land tenure status, seven are owners of the land they occupy and two are free occupants with permission. Those losing housing with no residual land that they own will be provided with a lot at a resettlement site. Table 29: IPs by Land Tenure Status Land Tenure Status

Municipality/ Barangay No. of affected HHs Free Occupation w/ Owner* permit

Alicia 3 2 1 Bella 3 2 1 Malangas 6 5 1 Camanga 4 3 1 Lipacan 1 1 0 Payag 1 1 0 TOTAL 9 7 2

III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS

A. Background

1. Provincial Profile

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

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

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

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

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

55. There is a good resource-base of primary production materials, such as, forestry, fishery, mineral and agricultural products. The major forest products of the province are timber, lumber, rattan and wax. Mining is concentrated on coal, small scale mining, copper, chromite and iron. Potential sites for mining and quarrying are the municipalities of Alicia, Buug, Diplahan Malangas and Payao. Industry: major industries are rubber production, marine and

aquaculture; and gifts, toys and housewares production. Rubber, seaweed and marine products are mainly exported to the USA, Malaysia, Singapore, Japan and Canada.

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

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

Table 30: Provincial 2015 Statistic by Administrative Unit

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

Alicia 36,013 183.08 197 27 Buug 36,634 134.06 273 27 Diplahan 32,428 255.51 127 22 Imelda 28,018 85.12 329 18 Ipil 74,656 241.6 309 28 Kabasalan 44,336 289.2 153 29 Mabuhay 36,870 82.85 445 18 Malangas 33,380 235.53 142 25 Naga 38,547 246.3 157 23 Olutanga 33,671 113.3 297 19 Payao 31,686 245.66 129 29 Roseller Lim 43,646 300 145 26 Siay 41,572 313.66 133 29 Talusan 29,969 58.16 515 14 Titay 49,673 350.44 142 30 Tungawan 42,030 473.28 89 25 TOTAL 633,129 3607.75 175 389 Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA.

2. Indigenous Peoples of the Project Area

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

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

60. The Subanon is a tribe indigenous to the Zamboanga Peninsula living in mountainous areas that can be traced as far back as 500 BC before the Neolithic Era, or New Stone Age.16 They speak the Subanon language. These people originally lived in low-lying areas, however due to disturbances and competition from other settlers like the Muslims, and migration of non- IPs and non-Muslims were pushed into the interior parts of the region.17 Subanons generally refer to themselves as a whole as the gbansa Subanon, meaning “the Subanon nation”. They distinguish themselves from each other by their roots or point of origin, largely based on names of rivers, lakes, mountains, or locations. The Subanon groups that traditionally remained animist call themselves "Subanen" in areas closer to Zamboanga City while other groups who are linguistically members of the Subanen language subgroup but adopted Islam call themselves Kolibugan in western areas and Kalibugan in the central parts of the Peninsula.

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

62. Economy. The Subanen are mainly agriculturists who practice three types of cultivation. Along the coastal area, wet agriculture with plow and carabao is the method of producing their staple rice. Beyond the coasts, both wet and dry agriculture is found. Swidden farming is the norm in the interior, particularly the uplands. Along the coasts, coconuts are raised aside from rice. Further inland, corn becomes an additional crop aside from the first

15 Lumad in Mindanao. Republic of the Philippines. Office of the President. National Commission for Culture and the Arts. 16 April 2015. 16 Subanen History. (1981). “The History of Subanon since the Neolothic Era or the Stone Age. 17 Al Gedicks (2001). Resource Rebels: Native Challenges to Mining and Oil Corporations. South End Press. pp. 24. ISBN 978-0-89608-640-1.

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

63. Relationship with the Environment. The relationship between natural phenomena and the agricultural cycle is well established in the folk knowledge of the Subanon. They study wind patterns, looking out for tell-tale signs of imminent weather changes. Based on their native methods of meteorology, the Subanon identify three distinct seasons within the agricultural cycle: pendupi, from June to September, characterized by winds blowing from the southwest; miyan, from December to January, a time of winds and northeast monsoon rains; and pemeres, from March to April, the hot and dry season. The Subanen also reckon agricultural time by the stars, notably the constellation Orion - the appearance of this star group signals the time for the clearing of a new swidden. The monthly rotation of the stars is a guide for the swidden cycle during the first months of the year.18

64. Political System. Subanen society is patriarchal, with the family as the basic governmental unit. There is no political hierarchy at the village level. Timuay is the traditional title for the communal leader who is also the chief arbiter of conflict between the families of a community or a confederation. The word “timuay” means “chief” or “leader.” It connotes both civil and religious authority for the bearer of the title. The title of timuay may be recalled by the community and given to another tasked with the responsibility of leading the community.19

B. Municipality of Alicia & Malangas and affected Villages

65. The Municipalities of Alicia and Malangas are both a 3rd class municipalities traversed by the project road. It is composed of 52 barangays wherein 15 barangays are affected by the sub-project. With a combined land area 418.61km2 and population20 of 66,393 with a density of 159 person per km2.

Table 31: 2015 Population of Alicia and Malangas by Barangay

Municipality / Barangay Population Municipality / Barangay Population

Alicia 36,013 Malangas 33,380 Alegria 750 Bacao 821 Bagong Buhay 567 Basak-bawang 755 Bella 1,472 Bontong 542 Calades 809 Camanga 1,274 Concepcion 1,383 Candiis 1,517 Dawa-dawa 2,621 Catituan 1,117 Gulayon 1,242 Dansulao 1,405 Ilisan 619 Del Pilar 669

18 Casal, Cabriel S. Kayamanan: Mai: Panoramas of Philippine Primeval. Manila: Central Bank of the Philippines, Ayala Museum, 1986. 19 Finley, J.P. and William Churchill. The Subanu: Studies of a sub-Visayan Mountain Folk of Mindanao. Part I, Ethnographical and Geographical Sketch of Land and People. Washington, DC: Carnegie Institution of Washington, 1913. 20 Census of Population (2015). "Region IX (Zamboanga Peninsula)", PSA.

Municipality / Barangay Population Municipality / Barangay Population

Kapatagan 808 Guilawa 1,730 Kauswagan 747 Kigay 2,042 Kawayan 2,062 La Dicha 3,123 La Paz 1,449 Lipacan 1,352 Lambuyogan 1,244 Logpond 494 Lapirawan 803 Mabini 1,303 Litayon 1,039 Malungon 748 Lutiman 1,747 Mulom 529 Milagrosa (Baluno) 1,520 Overland 693 Naga-naga 1,814 Palalian 460 Pandan-pandan 1,316 Payag 639 Payongan 1323 Poblacion 8233 Poblacion 3,978 Rebocon 517 Santa Maria 951 San Vicente 896 Santo Niño 1,098 Sinusayan 771 Talaptap 1,450 Tackling 844 Tampalan 1,187 Tigabon 906 Tandiong Muslim 903

Timbang-timbang 1111 Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA.

66. The male population in Alicia and Malangas is relatively higher (51%) than the number of women (49%). In terms of age, the population less than 15 years old constitutes 39% while the productive or 15 – 64 years of age is 58%. The elderly or 65 years and above is 3%. This places the dependency ratio or the number of dependents 0-14 years and 65 years and over for every 100% in the productive age 15-64 at 73.81%.

67. Municipal revenues are derived from taxes, licenses, and fees as well as the Internal Revenue Allotment (IRA). According to the Bureau of Local Government Finance, the annual regular revenue of Alicia for the fiscal year of 2016 was PhP101, 716,781.59, 2.13% higher than Malangas, PhP99, 546.132.99. Looking at the involvement of employed males and females in the area of business and industry, more than 51% are in Agriculture, Forestry and Fishery.

68. Per the 2015 Municipal and City Level Small Area Poverty Estimates, the poverty incidence of Alicia (51.3%) is higher than Malangas (36.4%), of the 17,188 employed males, 61% of 10,514 are skilled agricultural forestry and fishery workers while 21% or 1,124 of employed females are elementary occupations.

69. In terms of occupational groups, more than half (11,574 or 51%) of the employed are skilled agricultural forestry and fishery workers while 13% or 2,874 are elementary occupations. Also, there are 1,688 (8%) managers, 1,800 (8%) service and sales workers, 1,717 (8%) plant and machine operators and assemblers, 1,134 (5%) craft and related trades workers, 906 (4%) professionals, 352 (2%) technicians and associate professionals and 344 (2%) clerical support workers.

70. Educational attainment in Alicia-Malangas are 47% elementary, 30% high school, 8% college undergraduate, 5% academic degree holder, 3% pre-school, 1% post-secondary while 5% did not complete any level. Household population aged 5 to 24 years old who were currently attending school are 51% male and 49% female. Of the total population 5 years old and over, 11% graduated elementary, 14% high school graduate and only 1% graduated college.

71. There is a district hospital and clinics that provide basic health service to the residents; administer first aid treatment for emergency cases and perform minor surgical operations.

C. The Affected Households

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

73. Though the enumerators targeted to cover 100% of 476 AHs who will be physically and/or economically displaced, only 54% (256 AHs) were covered due to unavailability of AHs during the conduct of SES. The 256 surveyed AHs distributed in 15 barangays of the two (2) affected municipalities of Alicia and Malangas. Below are results of the survey, tables of survey results are provided in Appendix 6.

1. Socio-demographic Characteristics

74. Gender of Household Heads. When disaggregated, there are more male headed households (74%) than female headed households (26%). The pattern can be observed across all the barangays. (Given that the SES is based on a sample as well as information reported by respondents there will be differences with data presented in chapter II which is based on validate data of all affected households).

Table 32: Sex of Household Heads Municipality/ Barangay Male Female Total Alicia 49 20 69 Alegria 9 1 10 Bella 29 12 41 Ilisan 7 2 9 Lapirawan 4 3 7 Poblacion 0 2 2 Malangas 141 46 187 Bacao 11 2 13 Camanga 37 12 49 Catituan 4 3 7 Lipacan 23 7 30 Logpond 10 0 10 Payag 4 4 8 Poblacion 11 7 18 Sinusayan 12 6 18 Tackling 28 5 33

Tigabon 1 0 1 TOTAL 190 66 256 % 74 26 100

75. Age of Household Heads. Majority of the AHs heads are spread across the age brackets of 30-34 (9.4%), 35-39 (12.1%), 40-44 (13.3%), 45-49 (14.8%), 50-54 (11.3%), 55- 59 (10.2%) and 60-64 (10.9%). A few households have age brackets of 15-19 (0.4%), 20-24 (1.2%), 25-29 (4.3%), 65-69 (3.9%), 70-74 (4.3%), 75-79 (0.8%) and 80 and up (3.1%).

Table 33: Age of Sample AH Heads

19 24 29 34 39 44 49 54 59 64 69 74 79

Municipality/

------

Barangay 80+

Total

15 15 20 25 30 35 40 45 50 55 60 65 70 75

Alicia 0 1 2 7 5 11 11 7 8 7 1 3 1 5 69 Alegria 0 0 0 4 0 1 1 1 2 0 0 0 0 1 10 Bella 0 0 2 3 5 6 6 4 4 5 0 3 1 2 41 Ilisan 0 0 0 0 0 1 3 1 1 1 1 0 0 1 9 Lapirawan 0 1 0 0 0 3 1 1 0 0 0 0 0 1 7 Poblacion 0 0 0 0 0 0 0 0 1 1 0 0 0 0 2 Malangas 1 2 9 17 26 23 27 22 18 21 9 8 1 3 187 Bacao 0 0 0 1 2 2 1 0 2 3 1 0 1 0 13 Camanga 1 2 1 2 6 7 9 7 3 5 2 3 0 1 49 Catituan 0 0 0 0 1 0 0 3 1 1 0 1 0 0 7 Lipacan 0 0 4 3 4 7 3 0 5 4 0 0 0 0 30 Logpond 0 0 0 1 3 0 2 2 2 0 0 0 0 0 10 Payag 0 0 0 0 2 0 2 1 0 0 2 0 0 1 8 Poblacion 0 0 1 3 2 2 3 1 1 3 1 1 0 0 18 Sinusayan 0 0 1 1 1 2 4 2 0 4 2 1 0 0 18 Tackling 0 0 2 5 5 3 3 6 4 1 1 2 0 1 33 Tigabon 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 TOTAL 1 3 11 24 31 34 38 29 26 28 10 11 2 8 256 % 0.4 1.2 4.3 9.4 12.1 13.3 14.8 11.3 10.2 10.9 3.9 4.3 0.8 3.1 100

76. Civil Status. Most of the AHs head are married (80%). Some are either widow/er (11%), single (6%) and live-in (3%).

Table 34: Civil Status of Sample AH Heads Municipality/ Single Married Widow/er Live-In Total Barangay Alicia 2 56 8 3 69 Alegria 1 9 0 0 10 Bella 1 31 6 3 41 Ilisan 0 9 0 0 9 Lapirawan 0 6 1 0 7 Poblacion 0 1 1 0 2 Malangas 14 148 21 4 187 Bacao 2 10 1 0 13

Camanga 2 39 7 1 49 Catituan 0 5 2 0 7 Lipacan 4 25 1 0 30 Logpond 0 10 0 0 10 Payag 1 5 2 0 8 Poblacion 2 12 3 1 18 Sinusayan 3 14 1 0 18 Tackling 0 27 4 2 33 Tigabon 0 1 0 0 1 TOTAL 16 204 29 7 256 % 6 80 11 3 100

77. Religion. Among the religions of the AHs include Catholic (51%), Islam (27%) Non- Catholic/Protestant (2%), Jehovah’s Witness (1%) and others (19%) such as Christians, Evangelicals, etc.

Table 35: Religion of Sample AH Heads Non- Municipality Catholic Jehovah's No Catholic Islam Others Total / Barangay Christian/ Witness Response Protestant Alicia 47 3 2 0 17 0 69 Alegria 7 0 0 0 3 0 10 Bella 27 0 2 0 12 0 41 Ilisan 7 0 0 0 2 0 9 Lapirawan 5 2 0 0 0 0 7 Poblacion 1 1 0 0 0 0 2 Malangas 84 66 2 2 30 2 187 Bacao 6 0 1 0 6 0 13 Camanga 35 5 1 0 7 1 49 Catituan 6 0 0 0 1 0 7 Lipacan 0 23 0 0 7 0 30 Logpond 4 1 0 2 3 0 10 Payag 7 0 0 0 0 1 8 Poblacion 12 4 0 0 2 0 18 Sinusayan 1 16 0 0 1 0 18 Tackling 13 16 0 0 3 0 33 Tigabon 0 1 0 0 0 0 1 TOTAL 131 69 4 2 47 2 256 % 51 27 2 1 19 1 100

78. Educational Attainment. Of the 256 AHs, 24.6% AHs are elementary undergraduates and 17.6% are elementary graduates. There are 10.9% are high school undergraduates while 21.1% are high school graduates. Also, there are 10.5% who are college undergraduates. Another 7.8% are college graduates. Some (3.9%) have no formal education and few (2.3%) are vocational/technical graduates. Little as 0.4% attained Pre-school level and 0.4% did not respond.

Table 36: Educational Attainment of Sample AH Heads

graduate -

Municipality/ graduate

- School

Barangay -

Total

graduate

Pre

HSGraduate

No Response No

Formal Education Formal

ElemGraduate

College Under College

College College Graduate

Certificate Course Certificate

HSUnder

No No

ElemUnder Vocational/ Vocational/ Technical

Alicia 1 1 14 12 13 12 0 0 10 5 1 69 Alegria 0 0 3 3 2 1 0 0 1 0 0 10 Bella 0 0 6 7 8 7 0 0 8 4 1 41 Ilisan 0 1 1 1 3 3 0 0 0 0 0 9 Lapirawan 1 0 3 1 0 1 0 0 1 0 0 7 Poblacion 0 0 1 0 0 0 0 0 0 1 0 2 Malangas 9 0 49 33 15 42 6 1 17 15 0 187 Bacao 0 0 4 4 0 4 0 0 1 0 0 13 Camanga 2 0 10 9 3 13 3 0 3 6 0 49 Catituan 0 0 1 2 1 2 0 0 0 1 0 7 Lipacan 1 0 7 5 1 5 0 1 5 5 0 30 Logpond 0 0 1 3 0 5 1 0 0 0 0 10 Payag 0 0 5 0 1 2 0 0 0 0 0 8 Poblacion 2 0 5 2 1 2 1 0 3 2 0 18 Sinusayan 3 0 5 3 2 3 0 0 2 0 0 18 Tackling 1 0 11 5 5 6 1 0 3 1 0 33 Tigabon 0 0 0 0 1 0 0 0 0 0 0 1 TOTAL 10 1 63 45 28 54 6 1 27 20 1 256 % 3.9 0.4 24.6 17.6 10.9 21.1 2.3 0.4 10.5 7.8 0.4 100

79. Place of Origin. Prior to residing in their current locations, 58.7% of AHs said they lived in the affected barangays, 12.5% lived in other barangays but within the same city/municipality, 14.5% lived in other municipalities of Zamboanga Sibugay, 4.3% lived in other provinces of Region, 9.8% lived in other regions of the country and 0.4% did not respond. Survey results also indicate that 91% AHs have been in the area for more than 10 years. Those who have been living there for 1-5 years account for 2% while about 6% have been there for 6-10 years. Few (1%) have been residents in the area for less than a year.

Table 37: Place of Origin of Sample AH Heads Other Other Other Other Brgy. Province Region Municipality Within Municipality No within the within within Total / Barangay Barangay within the Response Municipality the the Province Region Country Alicia 31 9 15 2 12 0 69 Alegria 5 2 2 0 1 0 10 Bella 19 4 8 1 9 0 41 Ilisan 3 1 2 1 2 0 9 Lapirawan 3 2 2 0 0 0 7

Poblacion 1 0 1 0 0 0 2 Malangas 119 23 22 9 13 1 187 Bacao 6 3 1 0 3 0 13 Camanga 33 9 4 1 2 0 49 Catituan 2 1 1 0 3 0 7 Lipacan 26 1 3 0 0 0 30 Logpond 5 1 3 1 0 0 10 Payag 2 1 2 1 1 1 8 Poblacion 7 3 3 3 2 0 18 Sinusayan 15 1 1 1 0 0 18 Tackling 22 3 4b 2 2 0 33 Tigabon 1 0 0 0 0 0 1 TOTAL 150 32 37 11 25 1 256 % 58.7 12.5 14.5 4.3 9.8 0.4 100

Table 38: Length of Residence of Sample AH Heads Municipality/ Less than 1 More than 1 - 5 years 6 - 10 years Total Barangay year 10 years Alicia 0 3 0 66 69 Alegria 0 0 0 10 10 Bella 0 3 0 38 41 Ilisan 0 0 0 9 9 Lapirawan 0 0 0 7 7 Poblacion 0 0 0 2 2 Malangas 3 3 15 166 187 Bacao 0 0 1 12 13 Camanga 2 0 5 42 49 Catituan 1 0 0 6 7 Lipacan 0 0 1 29 30 Logpond 0 0 0 10 10 Payag 0 0 1 7 8 Poblacion 0 0 3 15 18 Sinusayan 0 1 0 17 18 Tackling 0 2 4 27 33 Tigabon 0 0 0 1 1 TOTAL 3 6 15 232 256 % 1 2 6 91 100

2. Ownership of Land and Structure

80. Land Ownership. Land ownership can be a form of economic security among AHs, business owners, and landowner/claimants. Of the 256 AHs, majority (92% AHs) own the land they occupy while 7% AHs claimed that the land is owned by the government. About 1% AHs did not respond to land ownership question. Out of the surveyed HHs, only 60% answered the survey. About 49.4% AHs of 154 respondents claimed having land titles while 9.7% claimed having tax declarations as proof of ownership. Few have deed of sale/mortgage (7.8 %), contracts (5.2%) and other proofs of ownership (5.2%). Some (7.8 %) do not have any proof

of ownership. The remaining 15.2% did not respond. (The results presented above may vary with data presented in Chapter II, given that the SES relied on respondent reported information and data in Chapter II is based on validated data.)

Table 39: Land Ownership Municipality/ Private Government No Response Total Barangay Alicia 65 3 1 69 Alegria 10 0 0 10 Bella 41 0 0 41 Ilisan 8 1 0 9 Lapirawan 6 1 0 7 Poblacion 0 1 1 2 Malangas 170 15 2 187 Bacao 13 0 0 13 Camanga 49 0 0 49 Catituan 7 0 0 7 Lipacan 29 1 0 30 Logpond 8 2 0 10 Payag 8 0 0 8 Poblacion 17 0 1 18 Sinusayan 14 3 1 18 Tackling 24 9 0 33 Tigabon 1 0 0 1 TOTAL 235 18 3 256 % 92 7 1 100 Note: information on land ownership presented above relied on information reported by respondents while information presented in Chapter II is based on validated information.

Table 40: Land Use Municipality/ Residential- Residential Commercial Agricultural Institutional Total Barangay commercial Alicia 41 5 23 0 0 69 Alegria 7 0 3 0 0 10 Bella 22 2 17 0 0 41 Ilisan 4 3 2 0 0 9 Lapirawan 6 0 1 0 0 7 Poblacion 2 0 0 0 0 2 Malangas 140 4 41 1 1 187 Bacao 9 0 3 1 0 13 Camanga 37 0 12 0 0 49 Catituan 6 0 1 0 0 7 Lipacan 24 2 4 0 0 30 Logpond 6 0 4 0 0 10 Payag 7 0 1 0 0 8 Poblacion 14 0 4 0 0 18 Sinusayan 12 1 4 0 1 18 Tackling 24 1 8 0 0 33

Tigabon 1 0 0 0 0 1 TOTAL 181 9 64 1 1 256 % 70.7 3.5 25 0.4 0.4 100 Note: information on land use presented above relates to actual use of the land as reported by the responded rather than the official land classification.

Table 41: Tenure

Municipality/

Owner

Free Free Free

Barangay -

Total

Owner

Renter

Others

Tenant/

w/permit

Co Response

w/opermit

Occupation Occupation

Alicia 37 4 24 2 1 1 0 69 Alegria 6 0 4 0 0 0 0 10 Bella 20 3 15 1 1 1 0 41 Ilisan 7 0 2 0 0 0 0 9 Lapirawan 4 0 3 0 0 0 0 7 Poblacion 0 1 0 1 0 0 0 2 Malangas 110 2 61 0 11 1 2 187 Bacao 7 0 6 0 0 0 0 13 Camanga 33 1 13 0 2 0 0 49 Catituan 6 1 0 0 0 0 0 7 Lipacan 16 0 13 0 1 0 0 30 Logpond 8 0 1 0 0 1 0 10 Payag 5 0 3 0 0 0 0 8 Poblacion 7 0 2 0 8 0 1 18 Sinusayan 8 0 9 0 0 0 1 18 Tackling 20 0 13 0 0 0 0 33 Tigabon 0 0 1 0 0 0 0 1 TOTAL 147 6 85 2 12 2 2 256 % 57.4 2.3 33.2 0.8 4.7 0.8 0.8 100

Table 42: Proof of Ownership Deed of Municipality/ Tax No None Title Contract Sale/ Others Total Barangay Declaration Response Mortgage Alicia 3 16 5 7 3 4 4 42 Alegria 0 0 2 3 0 0 1 6 Bella 2 6 3 4 3 3 2 23 Ilisan 0 5 0 0 0 1 1 7 Lapirawan 0 4 0 0 0 0 0 4 Poblacion 1 1 0 0 0 0 0 2 Malangas 9 60 3 5 12 4 19 112 Bacao 1 4 0 0 2 0 0 7 Camanga 2 5 2 3 4 1 17 34 Catituan 0 4 0 0 3 0 0 7 Lipacan 2 11 0 1 2 0 0 16

Logpond 1 3 0 1 0 3 0 8 Payag 2 1 0 0 1 0 1 5 Poblacion 0 7 0 0 0 0 0 7 Sinusayan 1 5 1 0 0 0 1 8 Tackling 0 20 0 0 0 0 0 20 Tigabon 0 0 0 0 0 0 0 0 TOTAL 12 76 8 12 15 8 23 154 % 7.8 49.4 5.2 7.8 9.7 5.2 14.9 100 *based on 154 AH heads claimed land ownership. The results presented above may vary with data presented in Chapter II, given that the SES relied on respondent reported information and data in Chapter II is based on validated data.

81. Structure. Residential houses account for majority of the affected structures (75%). Some (15%) are used both as residential-commercial. Few (10%) are used solely for commercial purposes. Among households and business respondents, majority (94.5%) claimed to own the structures they occupy. Some (2.7 %) having free occupation permit while 1.2% having other ownership. Very few are co-owners (0.8%), free occupation without permit holder (0.4%) and tenant/renter (0.4%).

Table 43: Structural Use Municipality/ Residential- Residential Commercial Total Barangay commercial Alicia 44 12 13 69 Alegria 8 0 2 10 Bella 24 7 10 41 Ilisan 4 5 0 9 Lapirawan 6 0 1 7 Poblacion 2 0 0 2 Malangas 148 14 25 187 Bacao 10 2 1 13 Camanga 37 1 11 49 Catituan 6 1 0 7 Lipacan 25 3 2 30 Logpond 6 1 3 10 Payag 7 0 1 8 Poblacion 15 1 2 18 Sinusayan 15 1 2 18 Tackling 26 4 3 33 Tigabon 1 0 0 1 TOTAL 192 26 38 256 % 75 10 15 100

Table 44: Ownership Status of Main Structures Free Free Municipality/ Tenant/ Owner Co-Owner Occupation Occupation Others Total Barangay Renter w/ permit w/o permit Alicia 62 1 3 1 1 1 69 Alegria 8 0 2 0 0 0 10 Bella 36 1 1 1 1 1 41

Ilisan 9 0 0 0 0 0 9 Lapirawan 7 0 0 0 0 0 7 Poblacion 2 0 0 0 0 0 2 Malangas 180 1 4 0 0 2 187 Bacao 12 0 1 0 0 0 13 Camanga 47 1 1 0 0 0 49 Catituan 7 0 0 0 0 0 7 Lipacan 30 0 0 0 0 0 30 Logpond 9 0 0 0 0 1 10 Payag 8 0 0 0 0 0 8 Poblacion 17 0 1 0 0 0 18 Sinusayan 17 0 0 0 0 1 18 Tackling 32 0 1 0 0 0 33 Tigabon 1 0 0 0 0 0 1 TOTAL 242 2 7 1 1 3 256 % 94.5 0.8 2.7 0.4 0.4 1.2 100

3. Socio-economic Profiles

82. Occupation. About 42% of affected HHs are farmers while 13% HHs are businessmen. Others are government employees (11%), service crews (9%), workers (3%) and private employees (2%). Little as 1% account for fisherman and another 1% for other occupation. About 14% are unemployed while some (4%) did not respond.

Table 45: Occupation

Municipality/ No

Barangay man

Total

None

Gov't

Others

Private

Farmer

Worker

Service

Business

Employee Employee

Response Fisherman

Alicia 31 0 6 1 2 12 4 1 4 8 69 Alegria 5 0 1 1 0 2 0 0 1 0 10 Bella 15 0 3 0 2 6 4 1 2 8 41 Ilisan 6 0 1 0 0 1 0 0 1 0 9 Lapirawan 5 0 0 0 0 2 0 0 0 0 7 Poblacion 0 0 1 0 0 1 0 0 0 0 2 Malangas 76 3 23 5 6 20 18 2 32 2 187 Bacao 8 0 3 0 0 0 1 0 1 0 13 Camanga 23 0 6 1 2 6 3 0 6 2 49 Catituan 0 0 0 1 0 1 1 0 4 0 7 Lipacan 13 0 2 0 1 4 3 1 6 0 30 Logpond 3 0 3 2 0 0 2 0 0 0 10 Payag 4 0 0 0 1 0 1 0 2 0 8 Poblacion 4 2 1 0 0 4 4 0 3 0 18 Sinusayan 5 0 3 1 0 3 0 1 5 0 18 Tackling 16 1 4 0 2 2 3 0 5 0 33 Tigabon 0 0 1 0 0 0 0 0 0 0 1

TOTAL 107 3 29 6 8 32 22 3 36 10 256 % 42 1 11 2 3 13 9 1 14 4 100

83. The employment status for a large majority (72%) is permanent, followed by seasonal (11%), self-employed (11%) and contractual (4%). Only 1% did not respond.

Table 46: Employment Status of Sample AH Heads Municipality/ Permanent/ Self- No Contractual Seasonal Total Barangay Regular employed Response Alicia 42 0 9 6 0 57 Alegria 5 0 2 2 0 9 Bella 23 0 6 2 0 31 Ilisan 6 0 1 1 0 8 Lapirawan 7 0 0 0 0 7 Poblacion 1 0 0 1 0 2 Malangas 110 8 15 18 2 153 Bacao 6 1 2 3 0 12 Camanga 23 3 5 9 1 41 Catituan 1 1 1 0 0 3 Lipacan 23 0 1 0 0 24 Logpond 8 2 0 0 0 10 Payag 5 0 1 0 0 6 Poblacion 12 0 0 2 1 15 Sinusayan 10 1 1 1 0 13 Tackling 21 0 4 3 0 28 Tigabon 1 0 0 0 0 1 TOTAL 152 8 24 24 2 210 % 72 4 11 11 1 100 *based on 210 employed AH heads

84. Household Income. A majority of the HHs (58.6%) have a monthly income of Php 10, 000.00 and below, 23.4% earns Php 10,001- 20,000 and 11.3% earns Php 20,001-30,000. Few earns Php 30,001-40,000 (2.8% AHs) and Php 50,001-60,000 (1.2% AHs) monthly. Only small percent has monthly income of Php 40,001-50,000 (0.8%), Php 60,001-70,000 (0.4%) and Php 80,001-90,000 (0.4%). Only 0.4% did not provide answer.

Table 47: Household Income of Sample AHs

Municipality/

Barangay No

Total

Below

20,000 30,000 40,000 50,000 60,000 70,000 90,000

100,000 200,000

10,001 to 10,001 to 20,001 to 30,001 to 40,001 to 50,001 to 60,001 to 80,001 to 90,001

Response

100,001 to 100,001 10,000 and 10,000 Alicia 37 17 10 2 0 0 1 1 0 1 0 69 Alegria 8 0 1 1 0 0 0 0 0 0 0 10 Bella 20 10 8 0 0 0 1 1 0 1 0 41 Ilisan 4 4 1 0 0 0 0 0 0 0 0 9 Lapirawan 3 3 0 1 0 0 0 0 0 0 0 7 Poblacion 2 0 0 0 0 0 0 0 0 0 0 2 Malangas 113 43 19 5 2 3 0 0 0 1 1 187

Bacao 10 0 3 0 0 0 0 0 0 0 0 13 Camanga 28 12 4 1 1 2 0 0 0 0 1 49 Catituan 5 1 0 1 0 0 0 0 0 0 0 7 Lipacan 14 11 4 1 0 0 0 0 0 0 0 30 Logpond 6 3 1 0 0 0 0 0 0 0 0 10 Payag 7 1 0 0 0 0 0 0 0 0 0 8 Poblacion 9 7 1 1 0 0 0 0 0 0 0 18 Sinusayan 10 2 3 1 1 0 0 0 0 1 0 18 Tackling 24 6 2 0 0 1 0 0 0 0 0 33 Tigabon 0 0 1 0 0 0 0 0 0 0 0 1 TOTAL 150 60 29 7 2 3 1 1 0 2 1 256 % 58.6 23.4 11.3 2.7 0.8 1.2 0.4 0.4 0.0 0.8 0.4 100

85. Household Expenditure. For most households (83.5 %) have monthly expenditure of Php10, 000 and below while 13.7% AHs spend a range of Php 10,001-20,000 per month. Others spends Php 20,000-30,000 (0.4%) and Php 30,001-40,000 (2.0%). About 0.4% did not provide response.

Table 48: Household Expenditure of Sample AHs Municipality/ 10,000 10,001 to 20,001 to 30,001 to No Total Barangay and Below 20,000 30,000 40,000 Response Alicia 56 10 0 3 0 69 Alegria 10 0 0 0 0 10 Bella 31 7 0 3 0 41 Ilisan 8 1 0 0 0 9 Lapirawan 6 1 0 0 0 7 Poblacion 1 1 0 0 0 2 Malangas 158 25 1 2 1 187 Bacao 11 2 0 0 0 13 Camanga 40 8 0 1 0 49 Catituan 5 2 0 0 0 7 Lipacan 28 1 1 0 0 30 Logpond 9 1 0 0 0 10 Payag 7 1 0 0 0 8 Poblacion 15 3 0 0 0 18 Sinusayan 14 4 0 0 0 18 Tackling 28 3 0 1 1 33 Tigabon 1 0 0 0 0 1 TOTAL 214 35 1 5 1 256 % 83.5 13.7 0.4 2.0 0.4 100

4. Quality of Life

86. Housing. A majority of the surveyed households (67.9%) are using galvanized sheets as roofing materials. Around 26.7% are using nipa while 3.9% are using other materials. Small as 0.4% are using wood and another 1.2% are using bamboo. There are various wall materials for housing. About 42% of the surveyed HHs are using wood as wall material of their houses

followed by 24% HHs who using cement. Some are using bamboo (14%) and other materials (18%). As little as 1% are using nipa and 2%are using galvanized material.

Table 49: Roof Material Municipality/ Wood Nipa Bamboo Galvanized Others Total Barangay Alicia 1 31 2 29 6 69 Alegria 1 2 0 5 2 10 Bella 0 21 0 16 4 41 Ilisan 0 3 0 6 0 9 Lapirawan 0 5 0 2 0 7 Poblacion 0 0 2 0 0 2 Malangas 0 37 1 145 4 187 Bacao 0 2 0 10 1 13 Camanga 0 13 0 35 1 49 Catituan 0 2 0 5 0 7 Lipacan 0 3 0 27 0 30 Logpond 0 2 0 8 0 10 Payag 0 0 0 7 1 8 Poblacion 0 4 0 14 0 18 Sinusayan 0 5 0 13 0 18 Tackling 0 6 1 25 1 33 Tigabon 0 0 0 1 0 1 TOTAL 1 68 3 174 10 256 % 0.4 26.7 1.2 67.9 3.9 100

Table 50: Wall Material Municipality/ Wood Cement Nipa Bamboo Galvanized Others Total Barangay Alicia 34 8 1 10 1 15 69 Alegria 5 2 0 1 0 2 10 Bella 22 4 1 3 0 11 41 Ilisan 4 1 0 2 0 2 9 Lapirawan 2 1 0 3 1 0 7 Poblacion 1 0 0 1 0 0 2 Malangas 74 53 1 25 3 31 187 Bacao 3 4 0 4 0 2 13 Camanga 19 17 1 3 1 8 49 Catituan 4 1 0 2 0 0 7 Lipacan 14 7 0 2 2 5 30 Logpond 2 4 0 0 0 4 10 Payag 4 3 0 1 0 0 8 Poblacion 12 3 0 3 0 0 18 Sinusayan 8 6 0 3 0 1 18 Tackling 8 8 0 7 0 10 33 Tigabon 0 0 0 0 0 1 1 TOTAL 108 61 2 35 4 46 256

% 42 24 1 14 2 18 100

87. Electricity. A majority of the respondents (84%) have access to electricity. Some are using kerosene (11%) and other available sources (4%). Few (2%) are using solar as a light source.

Table 51: Light Source Municipality/ Electricity Kerosene Solar Others Total Barangay Alicia 51 8 3 7 69 Alegria 8 1 0 1 10 Bella 31 3 2 5 41 Ilisan 6 2 0 1 9 Lapirawan 5 2 0 0 7 Poblacion 1 0 1 0 2 Malangas 163 19 3 2 187 Bacao 8 4 1 0 13 Camanga 47 2 0 0 49 Catituan 5 2 0 0 7 Lipacan 25 4 0 1 30 Logpond 10 0 0 0 10 Payag 8 0 0 0 8 Poblacion 16 2 0 0 18 Sinusayan 15 1 1 1 18 Tackling 28 4 1 0 33 Tigabon 1 0 0 0 1 TOTAL 214 27 6 9 256 % 84 11 2 4 100

88. Water source. Around 60% of surveyed AHs have piped water connection while 26% are using well. Some are getting water from pump (7%) and other sources (5%). Only 1% is using water from river/spring and another 1% are using rain as source of water.

Table 52: Water Source Municipality River/ Well Pump Pipe Rain Others Total / Barangay Spring (open) (close) Alicia 32 0 25 7 0 5 69 Alegria 7 0 1 0 0 2 10 Bella 19 0 16 4 0 2 41 Ilisan 4 0 3 1 0 1 9 Lapirawan 1 0 5 1 0 0 7 Poblacion 1 0 0 1 0 0 2 Malangas 122 2 42 10 2 9 187 Bacao 7 0 2 0 0 4 13 Camanga 29 0 18 1 0 1 49 Catituan 4 0 3 0 0 0 7 Lipacan 17 1 6 3 0 3 30 Logpond 10 0 0 0 0 0 10

Payag 4 0 4 0 0 0 8 Poblacion 12 1 4 1 0 0 18 Sinusayan 16 0 1 0 0 1 18 Tackling 23 0 4 4 2 0 33 Tigabon 0 0 0 1 0 0 1 TOTAL 154 2 67 17 2 14 256 % 60 1 26 7 1 5 100

89. Fuel source for cooking. Majority of the AHs (85%) use wood/charcoal as primary fuel source for cooking. Some use other sources (7%) and LPG (5%). While 3% do not use any fuel for cooking. Only 1% uses electricity.

Table 53: Fuel Source for Cooking Municipality/ None LPG Electricity Wood/Charcoal Others Total Barangay Alicia 1 4 0 58 6 69 Alegria 0 1 0 9 0 10 Bella 0 1 0 34 6 41 Ilisan 1 1 0 7 0 9 Lapirawan 0 0 0 7 0 7 Poblacion 0 1 0 1 0 2 Malangas 6 8 3 159 11 187 Bacao 1 1 0 10 1 13 Camanga 0 1 0 45 3 49 Catituan 0 0 0 7 0 7 Lipacan 1 3 0 21 5 30 Logpond 0 0 0 10 0 10 Payag 0 0 0 8 0 8 Poblacion 0 2 1 15 0 18 Sinusayan 2 1 2 13 0 18 Tackling 2 0 0 30 1 33 Tigabon 0 0 0 0 1 1 TOTAL 7 12 3 217 17 256 % 3 5 1 85 7 100

90. Toilet. About 82% of households reported using flush-type toilets in their homes. Some (6%) are using open pit while others (10%) do not use any kind of toilet. As little as 3% are using antipolo type toilets.

Table 54: Toilet Municipality/ Antipolo None Flush Type Open Total Barangay Type Alicia 6 57 3 3 69 Alegria 0 10 0 0 10 Bella 3 35 2 1 41 Ilisan 2 5 0 2 9 Lapirawan 1 6 0 0 7 Poblacion 0 1 1 0 2

Malangas 17 154 4 12 187 Bacao 1 10 1 1 13 Camanga 2 44 1 2 49 Catituan 1 6 0 0 7 Lipacan 3 23 1 3 30 Logpond 0 9 1 0 10 Payag 0 8 0 0 8 Poblacion 1 14 0 3 18 Sinusayan 4 12 0 2 18 Tackling 5 27 0 1 33 Tigabon 0 1 0 0 1 TOTAL 23 211 7 15 256 % 10 82 3 6 100

5. Gender Issues Considered in the Project

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

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

6. Perception of the Project Impacts

93. Positive Impacts. Based on the SES (N= 241), 81.7% believes that one of the positive impacts of the project is progress in town/barangay. Also, 11.2% trusts that the project would generate jobs. In effect, the project could contribute to the growth and improvement of business according to 3.7% of AHs. About 1.2% said that it may bring clean and beautiful environment, 0.4% AHs said it would decrease vehicle maintenance costs and another 0.4% said that the project would reduce the incidence of accidents. About 1.2% have no response.

Table 55: Positive Impacts

Municipality/

Barangay

Total

Beautiful

Business

Growthof

Clean and Clean

Barangay/

Environment

NoResponse

Improvement/

TownProgress

JobGeneration

DecreaseVehicle

MaintenanceCost ReduceAccidents

Alicia 10 49 2 1 0 0 2 64 Alegria 0 8 0 0 0 0 0 8 Bella 7 31 1 0 0 0 1 40 Ilisan 2 6 0 0 0 0 0 8 Lapirawan 0 4 1 0 0 0 1 6 Poblacion 1 0 0 1 0 0 0 2 Malangas 17 148 7 2 1 1 1 177 Bacao 1 8 0 0 0 1 1 11 Camanga 5 39 2 0 0 0 0 46 Catituan 1 6 0 0 0 0 0 7 Lipacan 4 22 2 2 0 0 0 30 Logpond 0 10 0 0 0 0 0 10 Payag 0 7 0 0 0 0 0 7 Poblacion 0 13 3 0 1 0 0 17 Sinusayan 1 16 0 0 0 0 0 17 Tackling 4 27 0 0 0 0 0 31 Tigabon 1 0 0 0 0 0 0 1 TOTAL 27 197 9 3 1 1 3 241 % 11.2 81.7 3.7 1.2 0.4 0.4 1.2 100 *based on 241 AH heads who claimed awareness of the project

0.4% 1.2% Positive Impacts 1.2% 0.4%

Job Generation 3.7% 11.3% Town Progress

Improvement/ Growth of Business Clean and Beautiful Environment Decrease Vehicle 81.7% Maintenance Cost

Reduce Accidents

Figure 3: Perception of the Project Impacts-Positive 94. Negative Impacts. About 95.0% of the AHs said that loss or reduction of houses is one of the negative impacts of the project. Other negative impacts perceive by the AHs are air pollution (2.1%) and population density increase (0.4%). Around 2.5% did not provide answers. See chart below for the details.

Table 56: Negative Impacts Loss or Population Municipality/ Air No Reduction of Density Total Barangay pollution Response house Increase Alicia 56 3 1 4 64 Alegria 7 1 0 0 8 Bella 35 2 1 2 40 Ilisan 8 0 0 0 8 Lapirawan 5 0 0 1 6 Poblacion 1 0 0 1 2 Malangas 173 2 0 2 177 Bacao 10 0 0 1 11 Camanga 46 0 0 0 46 Catituan 7 0 0 0 7 Lipacan 29 1 0 0 30 Logpond 10 0 0 0 10 Payag 7 0 0 0 7 Poblacion 17 0 0 0 17 Sinusayan 17 0 0 0 17 Tackling 29 1 0 1 31 Tigabon 1 0 0 0 1 TOTAL 229 5 1 6 241 % 95.0 2.1 0.4 2.5 100 *based on 241 AH heads who claimed awareness of the project

Figure 4: Perception of the Project Impacts-Negative

95. Support for the project. A large majority of those surveyed at the time of the SES expressed support for the project (93.7%). Around 1.2% were not supportive and another 3.3% did not have an opinion and 1.7% were nonresponsive to the question.

Table 57: Project Approval Municipality/ Yes No Don’t Know No Response Total Barangay Alicia 58 0 4 2 64 Alegria 8 0 0 0 8 Bella 36 0 3 1 40 Ilisan 8 0 0 0 8 Lapirawan 4 0 1 1 6 Poblacion 2 0 0 0 2 Malangas 168 3 4 2 177 Bacao 9 1 0 1 11 Camanga 43 0 2 1 46 Catituan 7 0 0 0 7 Lipacan 30 0 0 0 30 Logpond 10 0 0 0 10 Payag 7 0 0 0 7 Poblacion 16 1 0 0 17 Sinusayan 17 0 0 0 17 Tackling 28 1 2 0 31 Tigabon 1 0 0 0 1 TOTAL 226 3 8 4 241 % 93.7 1.2 3.3 1.7 100 *based on 241 AH heads who claimed awareness of the project

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE

A. Consultation and Participation

96. ADB’s safeguards policy states that, “affected people should be fully informed and closely consulted on resettlement and compensation options”. Consultation with APs is the starting point for all activities concerning resettlement. People affected by resettlement may be apprehensive that they will lose their livelihoods and communities or be ill-prepared for complex negotiations over entitlements. Participation in planning and managing resettlement helps to reduce their fears and gives APs an opportunity to participate in key decisions that will affect their lives. Resettlement implemented without consultation may lead to inappropriate strategies and eventual impoverishment. Without consultation, the people affected may oppose the project, causing social disruption, substantial delay in achieving targets or even abandonment, and cost increases. Negative public and media images of the project and of the implementation agency may develop. With consultation, initial opposition to a project may be transformed into constructive participation. Consultation can be fostered by holding public meetings and identifying focus groups”.

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

B. Consultations Conducted at Preparation of the RIPP

98. The public consultations for PR06 were conducted on 19-25 March 2018. Prior to that, the DPWH Project Director UPMO sent letters to the RO, DEO and the LGUs relative to the conduct of coordination meetings and public consultations with PAPs in 15 barangays traversed by PR06 as part of the preparation of this RIPP. A total of 589 persons (307 males and 282 females) participated in the consultations. The following table below shows the details, including the agenda, central themes, and issues and concerns raised. (Appendix 7: Report on Coordination Meeting/ Public Consultation/ RAP Related Activities)

Table 58: PR 06 Public Consultations conducted in 15 barangays

Participants Municipality/ Date Agenda Barangay Male Female Total

Alicia 123 92 215 Presentation of the Project and Open Forum (i) project information sharing 24-Mar-2018 Ilisan 20 14 34 (ii) cut-off date announcement

Participants Municipality/ Date Agenda Barangay Male Female Total

(iii) announcement of Lapirawan 18 13 31 succeeding activities such as SES, IOL, Parcellary Survey, IPA Alegria 17 21 38 (iv) public participation

Poblacion 31 21 52

25-Mar-18 Bella 37 23 60

Malangas 184 190 374

Sinusayan 13 16 29

19-Mar-18 Log pond 8 7 15

Camanga 33 50 83 20-Mar-18 Tigabon 12 5 17

Payag 5 11 16 21-Mar-18 Catituan 8 13 21

Tackling 26 21 47 22-Mar-18 Bacao 10 17 27

Poblacion 20 29 49 23-Mar-18 Lipacan 49 21 70

Grand Total 307 282 589

99. The primary goal of the coordination meetings and public consultations was to share information concerning the project by presenting to the primary and secondary stakeholders the project background, scope, objectives, benefits, updates, basic resettlement policies (GOP and ADB), cut-off-date and announcement of succeeding resettlement activities such as conduct of perception, census, SES and IOL. The following RIPP objectives were also discussed in detail:

(i) To determine the number of APs affected and identify the assets (land, structures and improvements) they will lose due to the acquisition of IROW for the project;

(ii) To identify the extent of impacts of the project IROW on the APs and their assets, and the measures to mitigate these impacts; (iii) To determine the compensation and entitlements to be given to APs for the acquisition of the assets to be affected by the IROW; (iv) To determine the budget estimate for compensation and entitlement, relocation and resettlement, information dissemination, consultation, monitoring and other tasks for implementing the RIPP; (v) To provide the timetable, manner of payment and institutional arrangements for implementation; and (vi) To ensure public participation in the implementation and monitoring of the RIPP.

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

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

102. The stakeholders were briefed about the entire IGCMRSP and PR06 subproject. Key issues were raised: (i) alignment issues that would affect public infrastructure, private properties and cultural and religious sites; (ii) lot owners whose proof of ownership are tax declarations; (iii) process to identify the rightful owners; (iv) lot ownerships requiring perfection of titles; and (v) compensation for land, structures, crops and trees.

103. Table below provides the summary of issues and concerns raised during consultations as well as during the disclosure activity.

Table 59: Summary of Issues and Concerns

Issues and Concerns Response by DPWH and Consultants

The structures will be compensated at replacement cost. That means, payment shall be based on the current market prices of materials, equipment, labor and all other related costs. DPWH will pay the Mode of payment for structures that would 1 property owner seventy percent (70%) of the be affected by the road project. negotiated price of the affected structures and the remaining thirty percent (30%) after land is already completely cleared of structures and improvements. Public infrastructure and other improvements, like barangay halls, health centers, and covered courts Apprehension that the Barangay Hall, must also be cleared but will be replaced by 2 Health Center and the Covered Court government. DPWH will make the necessary would be affected. arrangements with the Barangays about the manner and other details such as demolition, removal and reconstruction of the structures. The owner of the structure will get compensation for the structure while the owner of the land will get Owner of structure is different from lot 3 a separate payment for the affected land, subject owner. to the presentation and validation of proof of ownership, among others.

Issues and Concerns Response by DPWH and Consultants

Road alignment will not only affect the rice As a general guide, reasonable efforts are 4 fields, but the construction of the bridge exercised in the DED so that the alignment will not will damage a mosque. pass through cultural and religious sites. The proposed widening will require a 30m right-of- Width of the road needed by government 5 way, 15 meters of both sides of the road reckoned for the right of way. from the centerline. DPWH, with the help of the Consultant, will conduct a series of activities to determine the ownership of land that will be affected by the project namely, inventory of losses, census and social and economic surveys. A PS will also be undertaken primarily to establish the registered Determination of the rightful owners of 6 landowners and other essential technical land to be affected by the project. information for RoW acquisition. In due time, owners will also be requested to present proof of ownership such as OCTs, TCTs etc. The preliminary findings of the Consultant will be subject to validation by DPWH prior to negotiations with owners. If the purchased lot is covered by a title, the PAP can request the Seller to execute a Waiver in favor The only document possessed is a Deed 7 of the Buyer or the Buyer can go to the Register of of Sale. Deeds to request the annotation of title/entry of the Deed of Sale. Affected structures will be compensated at replacement cost. The new Right of Way Law (RA 10752) provides that DPWH will pay the property owner seventy percent (70%) of the negotiated 8 Compensation for the affected house? price of the affected structures and the remaining thirty percent (30%) when land is already completely cleared of structures and improvements. Only the affected portion will be compensated. Compensation for a small portion of However, if the structure will be severely affected 9 house. by more than 20%, then the whole structure will be compensated in full. If the purchased lot is covered by a title, the PAP can request the Seller to execute a Waiver in favor Only document in possession is a Deed of 10 of the Buyer or the Buyer can go to the Register of Sale. Deeds to request the annotation of title/entry of the Deed of Sale. Those who do not have legally recognized rights to the land will be compensated provided they are: (a) Filipino citizens, (b) do not own any real property, 11 Affected lot is owned by the government. (c) not professional squatters and (d) do not occupy an existing government ROW will get compensation at replacement cost. PAPs will be known after the conduct of census, socio-economic survey and inventory of losses. Wants to know if house would be affected 12 Results of the surveys will also be disclosed to the by the project. PAPs in the near future as part of the preparation of the RAP. PAPs will have relocation options: (a) self- relocation, (b) on-site relocation, and (c) Houses will be affected and do not know 13 relocation/resettlement sites. The developments of where to transfer. resettlement sites are lodged with the NHA and the LGU.

Issues and Concerns Response by DPWH and Consultants

Tax Declaration cannot be accepted as proof of ownership but could be treated as Special Case under RA 10752 if the land owner can present (a) Only tax declaration as proof of proof of open and continuous possession of the 14 ownership and do not know whether the land for a period of 30 years and (b) a DENR lot is covered by a title or not. Certification that the land is alienable and disposable. They can go to the Register of Deeds to request copies of titles for the lots they occupy. At this point, DPWH and the Consultant have no idea of the compensation for land in terms of per square meter basis. The new ROW Law Compensation for every square meter of (RA10752) however provides that the 15 land. Implementing Agency may engage the services of either a GFI or an IPA to determine the appropriate price offer for the acquisition of ROW through negotiated sale. DPWH will exert all efforts to negotiate with PAPs If the owner does not agree with the offer until offer is accepted. Expropriation should be 16 by government? avoided since it is a long -drawn and cumbersome process. DPWH and Consultant are not in a position to give compensation figures at this moment. A team of surveyors will conduct an IOL soon. The surveyors 17 Compensation for structures? " will identify the owners, measure the structures, pinpoint exact locations, and calculate the replacement costs. A tomb will likely be affected if the Reasonable efforts are being exercised in the DED 18 government implements the 30 meters so that the alignment will not pass through cultural width ROW. and religious sites. Owners of structures in a public land are entitled How about those Affected Persons 19 for compensation at replacement cost for the occupying public land? improvements. Detailed measurement of the affected property will be done for the affected property and will be A small portion will be affected. Lot is compensated accordingly. If the purchased lot is 20 covered by a tax declaration and a deed covered by a title, the PAP can request the Seller of sale. to execute in her favor or she can go to the Register of Deeds to request the annotation of title/entry of the Deed of Sale. Structures and other improvements will be compensated at replacement cost. Surveyors will Compensation for store and billiard hall 21 conduct IOL and enumerators will do face to face will be affected. interviews. Survey will include owners of affected businesses such as sari-sari stores. Public infrastructure and other improvements, like barangay halls, health centers, covered courts affected by the project will be removed but will be Compensation for barangay covered 22 replaced by government. DPWH will make the court. necessary arrangements with the Barangays on details pertaining to the demolition, removal and reconstruction of the structures. The design of PR06 essentially follows the existing alignment. As a general guide, reasonable efforts A mosque and house would be affected by 23 are exercised in the preparation of DED so that the the project; recommends realignment. alignment will not pass through cultural and religious sites.

Issues and Concerns Response by DPWH and Consultants

If the structure will be severely affected by more Twenty percent of property would be 24 than twenty percent, the owner will receive affected. compensation for the whole structure. All efforts will be exerted to convince PAPs to enter Owner of affected structure does not into an agreement with government. Expropriation 25 agree to settle. should be avoided since it is a long -drawn and cumbersome process. The registered lot owner will receive the compensation for lot that would be affected by the Compensation for titled properties that are project. For lots whose owners are deceased, the 26 not yet subdivided. heirs will be compensated subject to appropriate legal (court) procedures, for example extra-judicial settlement. Affected facilities of public utilities (water or power) will be restored. Removal, dismantling and 27 Restoration of water pipes. relocation of said facilities will be subject to existing rules and guidelines. A person with a Special Power of Attorney can Recognition of persons with a Special claim payment for affected properties after proper 28 Power of Attorney. validation of documents and exercise of other due diligence requirements. Apart from land titles, copies of tax declarations together with tax clearances would be required Affected Persons who are not paying real from affected lot owners prior to payment. It would 29 property tax. be best to update the RPT payments now or arrears in RPT will be deducted from the compensation package. After all surveys are done, complete reports are Previously signed a deed of donation for submitted and validations are undertaken, DPWH the existing right of way but will not 30 will proceed with the negotiations with the owner. It negotiate for a hectare that would be is hope that by that time, the lot owner will change affected by the proposed project. his stance. 31 Start of project implementation. The project may start next year (2018). Not cash compensation, but replacement 32 Remarks noted. of house. Realignment of proposed road project 33 The proposal will be addressed accordingly. since survey covered is a barangay road.

The position taken by the Barangay officials and Realignment so that very few houses will 34 residents is duly noted and will be addressed be affected; lot owners willing to negotiate. accordingly.

What is the schedule of the face to face The conduct of Census, SES and IOL will take 35 interview? place in May or April 2017.

C. Consultations Conducted at Preparation of Updated RIPP

(i) Public consultations

104. On 9-11 March 2019, the DPWH team conducted consultations in the 15 affected barangays of Alicia-Malangas. (Appendix 8: Minutes of Revalidation and Disclosure Meeting) Out of 320 participants, including the affected persons and barangay officials, about 44% were male and 56% were female.

105. The information presented in these consultation meetings by DPWH included the following matters: - The status of the project, that it is about to commence construction, as long as necessary permits are issued from DENR for Environmental Compliance Certificate (ECC), CENRO for Tree Cutting Permit, NCIP for their clearance, and ROW is settled. - The settlement of issues Road Right–of–Way acquisition of the project is fundamental. The affected persons are to be fully compensated prior to demolition/removal of their respective properties. - They were informed that the ROW will be 20m and that structures will be cleared to the 20m limit as per instruction of the central office. Residents were informed previously that the ROW was set at 30m and that structures would only be cleared within a 15m corridor. Due to this it can be seen in the advance copy list given to each barangay the number of affected persons increased. - They were informed that another purpose of the meeting was to disclose to them the new compensation packages based on the 20m RROW limit. - They were informed on the requirements needed for the processing of their payments.

106. The meetings were then opened for questions and comments.

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

Table 60: Number of Attendees during Revalidation Meeting Number of Municipality/ Date Participants Total attendees Barangay Male Female Alicia 46 56 102 09-Mar- Ilisan 7 10 17 19 Lapirawan 6 7 13

Alegria 8 12 20 Bella 25 27 52 11-Mar- Poblacion - - - 19 Malangas 96 122 218 10-Mar- Camanga 20 34 54 19 Tigabon 4 0 4

Payag 2 11 13

Tackling 17 18 35 Lipacan 18 16 34 11-Mar- Log pond 7 10 17 19 Sinusayan 4 6 10

Bacao 4 7 11

Catituan 7 4 11 Poblacion 13 16 29 Grand Total 142 178 320

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

Table 61: Issues and Concerns raised by the APs

Issues and Concerns Response

Municipality of Alicia Barangay Bella Per agreement (ADRI), the owner shall demolish their own Who will demolish their structures so that they can have salvageable materials they structures? want Every land affected will be compensated if found compensable Will they be compensated on the based on RA 10752. These are the basic requirements: a copy land? What do they need to of the lot title/deed of sale, barangay certificate, tin number, submit? and two valid IDs. What if the owner of the house is No. The mother can only assist in the processing of the his son? As his mother, can she documents, but the check will still be under the name of her get the payment on his behalf? son. Will there be any additional They will be entitled to income loss amounting to fifteen compensation for their affected thousand pesos. businesses? Can they use the salvage materials from the demolition of Yes. The affected persons can reuse the good materials. their structures/improvements? What if their father is already Yes. Provided that it will be attested to by the Barangay bedridden, can they ask for a Chairman representative on his behalf? Barangays Ilisan, Alegria and Lapirawan When the owner of the affected They will have to secure a special power of attorney structure is out of the country, emanating from where the claimant is based, for the what do they need to do to documents to be acknowledged. comply with the requirements? They want to clarify if the salvage Based on the ADRI, the owner shall demolish his own material after the demolition of structures so that he can salvage any material they want. structure can be used? Depending on the type of structure and compensation will be How much are they going to be based on current market value for land, replacement cost for paid? structures and current market value for crops and trees as prescribed in the RA10752 Right-of-Way Act. A person informed the team that they were included in the listing of Because the geometric control of the alignment of the road affected structures on the first sometimes change from 30m to 20m thereby reducing the survey, then afterwards they were number of affected houses. informed that they are no longer affected. What happened? When will demolition of affected house take place, before or after It will be demolished after payment. payment? What if their houses will be Demolition will be done after they receive the full payments as demolished before receiving their agreed in the ADRI. PAPs should not allow anyone payments? demolish/remove their structures prior to payments. Municipality of Malangas Barangays Lipacan, Camanga, Payag, Tackling and Tigabon When will the project start? It will start if all the requirements are already met.

Every land affected will be compensated if found compensable based on RA10752. These are the basic requirements: Will they be compensated on the land they own? What do they 1. A Copy of Lot Title/ Deed of Sale need to submit? 2. Barangay Certificate 3. TIN Number and; 4. Two Valid IDs

What if the structure was affected There will be validation or revalidation to ascertain real owner but the name of affected person of the affected property. The ROW team will verify/validate the was not on the list? documents so that his compensation will be disclosed.

There are different phases of surveys. First, the Consultant The Barangay Captain observed conducts Parcellary Surveys and Inventory of Losses. Then, that surveys were already DPWH validates the final road width as set by the department undertaken before, why are the to get the final result of the inventory of losses that will be used Team repeating the survey together with the set cost of materials by the IPA. Lastly, again? another survey will be conducted for the crops and trees. Can they visit the house to know The members of the ROW Team are willing to do re- at least the limits of RROW? assessment or revalidation if needed. What will happen to their source Sari-sari store owners are entitled for compensation for income of income, specifically their “Sari- loss, which is about 15,000 pesos in additional to their Sari” stores, which are the source compensation for loss of structures. of their daily income? The owner of the structure will be compensated for structures What if they own the structure but only. The lot owner on the other hand will receive the payment the lot is owned by the owner, of the land including the land improvements like the crops and who will receive the payments? trees. Barangays Payag, Tackling and Tigabon? The project’s expected date is on the first or second quarter of When is the final start date of the 2019 because ROW Team are still facilitating the ADB project implementation? Requirements. Every land affected will be very well compensated. You must Will they be paid for the land? submit the following: a copy of the lot title /deed of sale, What do they need to submit? barangay certificate, tin number, and two valid ID’s. How to resolve the conjugal She can supplement her IDs with an additional document for property, if the representatives ID example a true copy of marriage contract. is still her maiden name. What will happen to the barangay The Barangay Council should come up with the resolution properties, will it still be authorizing the Barangay Captain to receive payment of compensated? affected properties of the barangay.

109. After the open forum, each of the attendees were called for the disclosure and negotiation of their affected properties.

110. Separate consultations were conducted in the project areas with APs whose income sources are severely affected and those required to relocate 22-26 July 2019 together with the livelihood restoration program preferences. The consultations were undertaken to understand their intentions and preferences and asses their needs so that the project can prepare a meaningful livelihood restoration program. A total of 276 people was consulted. See chapters VIII and IX for details.

111. In addition to the consultations described above, DPWH carried out a public consultation meeting on 13 December 2019 in Barangay Poblacion, Alicia regarding the realignment section. People from both the realignment section and the corresponding original alignment section were invited to this consultation meeting. The APs present were informed that at the request of the LGU for the realignment of their section of the road, the matter was

considered after careful discussion of the DPWH management for dropping the original alignment section measuring 735.45m (from 1770+064.55 to 1770+800.00), which included the consideration that due to the realignment section, the number of affected persons and assets is greatly reduced. It was recognized that only ten persons will be affected by the realignment, house-cum-store owner, waiting shed owner and eight tree and crop owners. They were informed that DPWH would proceed with the negotiation process after the meeting and was further informed that the house would be compensated with the replacement cost of her structure. Other issues of concern discussed in that meeting included attitude of the truck drivers of the contractor who were over-speeding during the class hours of the students. DPWH responded that they would inform the contractor on this concern for taking appropriate action.

D. IP Consultation

112. Through the conduct of public consultation and SES in the barangays of Alicia and Malangas, existence of IPs was determined. Once determined, the consultant coordinated with the NCIP regarding the qualifiers of Broad Community Support (BCS) and the process of FPIC, specifically the CP issuance procedures. This is stipulated in the IPRA law. The DPWH filed the CP/CNO application to the NCIP covering the 7 priority and candidate project roads on 04 November 2016 (Appendix 9a: Application letter for Issuance of Certification Precondition). After reviewing the submitted application by DPWH, the NCIP required the DPWH to complete the Project Profile document through a letter dated 16 November 2016.

113. After months of coordination, a pre-Field based Investigation (FBI) Conference was held on January 2017 at DEO, DPWH Zamboanga City. The conference was attended by regional officers and staff of DPWH, NCIP and the DED Consultant. During the conference, the procedures of the FPIC process was presented by the NCIP. Then, the DPWH together with the DED Consultant presented the proposed agenda with the following outline: (a) project background (b) location maps of the seven priority/candidate project roads; (c) project description of PR06; (d) Project updates and (e) Next steps. DPWH UPMO submitted the lacking requirements comprising (i) Profile of the Applicant, (ii) Nature and Purpose of the Project, (iii) Indicative Map, (iv) Duration of the Project, (iv) Abstract of the Proposed Project, (v) Preliminary Assessment of Effects, (vi) Indicative Budget, (vii) Persons to be involved in Implementation and (ix) Operation Plan/Activities and (x) Location Map on 22 November 2017 (Appendix 9b: DPWH letter to NCIP submitting lacking documents).

114. Pursuant to the agreement during the conference, the FBI Team was immediately constituted. The FBI Team, together with the authorized DPWH representatives met in Ipil, Zamboanga Sibugay and prepared the Work and Financial Plan (WFP) for the FBI on 08 December 2017. The WFP was approved by NCIP Region IX and duly concurred by DPWH last 01 February 2018.

115. An inter-agency meeting was held on 15 May 2018 at the Conference room, DPWH 9th Regional Office, Tetuan, Zamboanga City, wherein Project Director asked the help of NCIP Director to fast-track the FPIC process in issuing certification given that the DPWH will comply with the process and submit the necessary documents. (Appendix 9c: Minutes of Inter- agency meeting).

116. The conduct of FBI did not push right away through in view of the decision of DPWH to reduce the ROW width limit from 30 to 20 meters minimizing involuntary impacts and cutting down acquisition cost of land, structures, trees and crops. Then, DPWH and NCIP agreed on 03 July 2018 to revise the WFP for the conduct of FBI (Appendix 9d: Revised Work and Financial Plan for the conduct of FBI). The revised WFP was approved by NCIP Region IX and duly concurred by DPWH last 17 July 2018. The FBI Team were to commence the conduct

of ground or field investigation within ten (10) days after the FBI Fee is remitted or paid to the NCIP Region IX by DPWH. The FBI fee was deposited in a NCIP Region IX Trust Account.

117. FBI was conducted on 29 August- 03 September 2018. FBI included consultations with IP traditional leaders and barangay leaders in the project areas as part of the FBI. Feedback from the meetings focused on two main aspects: (i) where properties of IP households are affected, they should be compensated before construction commences; and (ii) support for the project as a means of improving living standards and access to markets in the project areas. Based on the result of the validation, the FBI Team strongly recommended for the issuance of Certification Precondition (CP) in favor of the DPWH. On 05 November 2018, the FBI/Validation report was submitted to NCIP Regional Office for review of NCIP Regional Review Team (RRT). (Appendix 9e: FBI Report on the CP Request of UPMO-DPWH for the Construction/ Improvement of PE 06, Alicia-Malangas Road).

118. The CP was issued on 08 April 2019 at NCIP Regional Office, Raiza Building, Lumbia District, Pagadian City, Zamboanga del Sur. (Appendix 9f: Copy of Certification Precondition for PR06)

E. Disclosure

119. DPWH shall submit the following documents for disclosure on ADB’s website:

(i) The Draft RIPP as endorsed by DPWH; (ii) Updated RIPP upon (a) finalization of the DED, (b) completion of valuation report by an independent appraiser, and (c) DPWH validation as endorsed by DPWH; (iii) A new or updated RIPP and corrective action plan prepared during project implementation, if needed; and (iv) Semi-annual monitoring reports.

120. During the formation of the Municipal RIC on June 2018, an updated PIB was distributed in the project area. The PIB was translated by DPWH. Information in the PIB includes the project name, cut-off date, eligibilities and compensation/entitlements. GRM procedures and focal persons. As disclosed among the APs and local officials, the cut-off date of PR06 was on 07 June 2017. The translated PIB is attached in Appendix 10.

121. During the consultation activity on 09-11 March 2019, DPWH disclosed that the final RROW limit is 20m. Accordingly, new compensation package was discussed as well as the needed requirements in processing the compensation. The APs were also informed about the status of the proposed PR06, Alicia- Malangas Road Project. Once the ROW and necessary permits- Environmental Compliance Certificate (ECC), tree cutting permit, NCIP Clearance were settled, the project will commence. The importance of settlement of ROW acquisition issues were also discussed. Participants were informed that as affected persons, they will be compensated prior to the demolition/removal of their respective properties.

F. Consultation, Disclosure and Information Dissemination during RIPP Implementation

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

123. Various means of communication can be applied depending of the communication objectives. Forms of communication will include public consultation meetings, small group discussion meetings with specific groups on certain issues (such as focus group discussions), as well as printed material such as information brochures and copies of reports.

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

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

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

G. Roles and responsibilities of communication and consultation

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

64 Table 62: Roles and Responsibilities for Consultation and Participation Issue Target Audience Means of Communication Responsible Timing Source of Funds

IP Specific

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

Disclosure of updated RIPP Communities in Consultation meetings to DPWH and Completed DPWH (UPMO, project areas; present updated RIPP to the NCIP. during RIPP ESSD, DEO) and Stakeholders APs, LGUs and other involved updating NCIP (including agencies organizations and Additional separate meetings traditional with IPs and their traditional leaders) leaders.

Presentation of plan/ project/ activity, Consensus building/ decision making. Public posting of updated PIB in barangay notice boards and dissemination barangay captains and traditional IP community leaders. Copy distributed to NCIP (regional office) by DPWH.

General public Public disclosure on ADB’s ADB Following NA website approval of the

RIPP

Disclosure of periodic External RIPP Public, LGU, IP Uploaded on ADB website. ADB Upon NA

Issue Target Audience Means of Communication Responsible Timing Source of Funds

Monitoring Reports leaders, local civil Copy distributed to NCIP submission of society (regional office) by DPWH. periodic DPWH organizations. monitoring reports (semi- annual)

Disclosure of periodic Internal Public Uploaded on ADB website. ADB Upon NA Monitoring Reports submission of periodic monitoring reports by PMU 2 (semi-annual)

Resettlement Related

Disclosure of draft updated RIPP Affected Dissemination of the updated DPWH (UPMO, July 2018 NA and entitlements households PIB, including compensation ESSD, DEO) and entitlements, cut-off date,

GRM procedures and contact details for focal persons

Disclosure of updated RIPP Affected Dissemination of RIPP to all DPWH (UPMO, Following formal Project supervision households, barangays in project areas and ESSD, DEO); approval and consultant time communities in agencies involved in RIPP NCIP (NCIP concurrence

project areas; implementation. transfers to IP from traditional IR traditional Government and GOP counterpart Copy distributed to NCIP leaders; agencies leaders) ADB (regional office) by DPWH. involved in RIPP

implementation.

General public Public disclosure on ADB’s ADB NA website

Resettlement Affected Group and individual DPWH, (UPMO, Following DMS Project supervision households discussions with relocating ESSD, DEO validation consultant time AHs on options details and LGU), IP

assistance entitlements. traditional

Issue Target Audience Means of Communication Responsible Timing Source of Funds

leaders GOP counterpart

Livelihood development AHs eligible for Group discussions on Consultant, During RIPP Project supervision livelihood livelihood restoration strategy, DPWH (UPMO, updating and consultant time restoration including proposed options. ESSD, DEO) throughout RIPP

assistance, Needs and preference and other implementation. traditional IP assessment. (Feedback government GOP counterpart leaders informs final design of agencies such livelihood strategy.) as DOLE, TESDA, DA, DSWD and DENR

Entitlements, eligibility and Affected Public consultation meetings. DPWH, IPA and Following Project supervision compensation rates households consultant finalization of consultant time Distribution of the PIB to APs updated RIPP (UPMO, ESSD, GOP counterpart DEO)

Implementation schedule of Affected Public consultation DPWH Ongoing prior Project supervision resettlement plan and civil works households meetings (UPMO, to consultant time ESSD, DEO) implementation GOP counterpart and upon

significant change in implementation schedule.

Compensation disbursement Affected Notices to individual DPWH, Land Minimum 1 week Project supervision schedule households households bank or and prior to consultant time Authorized disbursement

Government Depository GOP counterpart Bank

(AGDB)

Issue Target Audience Means of Communication Responsible Timing Source of Funds

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

Disclosure of periodic External Public, local Uploaded on ADB ADB Upon NA Resettlement Monitoring Reports authorities, local website. submission of traditional periodic

leaders, monitoring reports (semi- annual) Disclosure of periodic Internal Public Uploaded on ADB ADB Upon NA Monitoring Reports website. submission of periodic monitoring reports (semi- annual)

V. GRIEVANCE REDRESS MECHANISM

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

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

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

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

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

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

134. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as described in the DPWH ROW Procedure Manual (DRAM), as outlined below:

i Complaints against local government executives shall be filed with the Department of Interior and Local Government (DILG). ii Complaints against subordinate officials shall be filed with the office of the local chief executive concerned. iii Complaints against officials of other national agencies may be filed with the office of the Presidents, or the office of the Ombudsman. iv Aggrieved parties may seek the legal assistance of the Public Attorney’s Office of the Department of Justice. v In cases of any complaints against any member of the Philippines National Police (PNP), the same shall be lodged with the DILG.

A. IP Grievance Redress Procedure

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

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

B. ADB’s Accountability Mechanism

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

VI. LEGAL AND POLICY FRAMEWORK

A. Relevant Laws and Regulation in the Philippines

138. The Philippine Constitution specifically provides for the following:

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

1. Involuntary Resettlement

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

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

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

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

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

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

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

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

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

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

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

(i) Executive Order (EO) 1035. Specifically, the order stipulates (i) the provision of financial assistance to displaced tenants, indigenous peoples, and settlers equivalent to the average annual gross harvest for the last 3 years and not less that PhP15, 000 per ha, (ii) disturbance compensation to agricultural lessee’s equivalent to 5 times the average gross harvest during the last 5 years, and (iii) Compensation for improvements on land acquired under Commonwealth Act 141. (ii) The Comprehensive Agrarian Reform Law Republic Act 6657 (1988). Section 28 provides that landowner shall retain his share of any standing crop un- harvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given a reasonable time to harvest. (iii) DPWH Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP) (March 2007) The LARRIP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. The LARRIP enumerates the entitlements and benefits that Affected Families (AFs) or Project Affected Persons (PAPs) should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan. (iv) Commonwealth Act 141 Section 112 or Public Land Act - prescribes a twenty (20) meter strip of land reserved by the government for public use, with damages being paid for improvements only. b. Presidential Decree 635 amended Section 112 of CA 141 increasing the width of the reserved strip of twenty (20) meters to sixty (60) meters. ii. Quit claim where the Government has the right to acquire a 20 to 60 m width of the land acquired through CA 141. Only improvements will be compensated. a. Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except b. for improvements at replacement cost. (v) MO 65, Series of 1983 Easement of ROW where the owner is paid the land value for the Government to use the land, but the owner still retains ownership over the land. (vi) Republic Act 6389 provides for disturbance compensation to agricultural lessees’ equivalent to 5 times the average gross harvest in the last 5 years. (vii) Article 1137, Civil Code Art. 1137. Ownership and other real rights over immovable also prescribe through uninterrupted adverse possession

thereof for thirty years, without need of title or of good faith. (1959a) the provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription (1963). (viii) DPWH Department Order 65 s. 2016 as part of the continuing effort of DPWH to streamline its operations, decentralize and rationalize the ROW operations, Department Order no. 19, s. 2017, was reissued essentially delegating to regional directors the approval/signing of documents pertaining to infrastructure right-Of- way (row) for national projects including the approval for payments of claims and signing of checks. The DO also reiterates that the ROW functions are delegated, and a system of deploying ROW task forces UPMO-ROW activities and their approving authorities shall continue to be governed by Department Order (DO) No. 203, s. 2016, and Special Order (SO) No.1, s. 2017. This Order also supersedes D.O. 19 (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003) (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003), and all other department orders and policies, or portions thereof, contrary to or inconsistent with this Order are amended accordingly. (ix) DPWH Department Order (DO) No. 203 s. 2016 Creation of Unified Project Management Office Right of Way (UPMO-ROW) Task Force. Recognizing that implementation of urgent national roads, bridges and various flood control projects are hampered by the delay in the right of way acquisition a Task Force on UPMO- ROW and Technical Working Group (TWG) are created. The Task force will be headed by the Undersecretary for UPMO Operations, the Vice Chairman Director Legal Service and Technical Working Group members to be composed of ROW Task Force. The DO also defines the functions of the UPMO Task Force and TWG, processing and payment of valid claims, submission of documents, records keeping and signing authority. (x) DPWH Special Order (SO) No.1 s.2017 In line with the issuance of DO No. 203 s. 2016, this Order re Composition of Unified Project Management Office ROW Task Force was issued. The UPMO ROW Task Force will be supported by a TWG to be represented by the representatives of the members of the Task Force. The Functions of the ROW Task force are (i) organize a technical working ROW Team for each UPMO cluster that will handle ROW acquisition of its projects, to be headed by its Project Manager assigned to the project (ii) monitor the row acquisition (iii) execute and recommend appropriate resolutions pertaining to ROW payment and (iv) review the validation of supporting undertaken by its TWG. (xi) DPWH Department Order No. 34 s. 2007 to streamline and standardize its operating procedures DPWH issued the department order was issued to simplify the guidelines for the validation and evaluation of Infrastructure right-of-way claims. The Guidelines is in line with the provisions of the DPWH IROW Procedural Manual adopted under Department Order No.5, s. 2003, as amended, particularly in the validation and evaluation of claims for IROW acquisitions. (xii) DPWH Department Order No.5 s. 2003 this order was issued to identify, acquire, and manage right-of-way (ROW) efficiently and in a timely manner for the implementation of infrastructure projects, an improved IROW process was adopted, among others, (i) it shall be applicable to all foreign-assisted and locally funded projects. (ii)The Implementing Office (I0) shall ensure that IROW costs are always included in project budgets. (iii) All ROW must be fully acquired and cleared before the issuance before the Notice of Award for the project. (xiii) DPWH Department Order No. 130 Series of 2016 provides the guidelines for the Implementation of the Provisions of Republic Act No. 6685 and Republic Act 9710

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

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

2. Indigenous People

150. The Indigenous Peoples’ Rights Act (IPRA) of 1997. IPRA sets conditions, requirements, and safeguards for plans, programs, and projects affecting IPs. The important provisions of IPRA are:

(i) Right to their ancestral domains. (Chapter III, Section 11); (ii) Right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will impact upon their ancestral domains; (Chapter III, Section 7b); (iii) Right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them; (Chapter IV, Section 16); (iv) Right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private; (Chapter III, Section 7b); (v) Right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and indigenous cultural communities (ICC) concerned; (Chapter III, Section 7c); (vi) Right to be secure in the lands to which they have been resettled; (Chapter III, Section 7d);

(vii) Right to determine and decide their own priorities for the lands they own, occupy, or use; (Chapter IV, Section 17); (viii) Right to maintain, protect, and have access to their religious and cultural sites; (Chapter IV, Section 33);

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

3. Other Laws and Guidelines

152. Other laws that impinge on social safeguards are:

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

(DSWD), as the lead agency, various government agencies including NSO and other related NGOs. (v) Addressed in para 156and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes. (vi) Republic Act No. 9442 is an act amending Republic Act No. 7277, otherwise known as the Magna Carta for disabled persons, and for other purposes. (vii) Republic Act No. 9710 with Implementing Rules and Regulation is an act providing for the Magna Carta of Women. (viii) Republic Act 6685 (1988) Requires private contractors who are awarded national or local projects to hire at least fifty percent (50%) of the unskilled and at least thirty percent (30%) of the unskilled labor requirements from the available bona fide residents of the province, city or municipality where the projects are to be undertaken. (ix) Batas Pambansa Blg. 344 is an act requiring certain buildings, institutions, establishment and public utilities to install facilities and other devices to enhance the mobility of disabled persons (x) Republic Act 7432 (1992) An Act to maximize the contribution of Senior Citizens to nation building, grant benefits and special privileges and for other purposes provides the privileges for senior citizens such as grant of 20% discount from all establishments relative to the utilization of transportation services, hotels and similar lodging establishments, restaurants and recreation centers and purchase of medicine anywhere in the country. (xi) RA 9054 of 2001, or the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM), The Regional Government as devolved to local government units adopts measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions among its inhabitants in the spirit of unity in diversity and peaceful co-existence. It undertakes measures to protect the ancestral domain and the ancestral lands of indigenous cultural communities. The phrase "indigenous cultural community" refers to Filipino citizens residing in the Autonomous Region who are Tribal peoples as well as Bangsa Moro people regarded as indigenous on account of their descent from the populations that inhabited the country or a distinct geographical area at the time of conquest or colonization and who, irrespective of their legal status. (xii) DPWH Memorandum Circular No. 2423 or the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples (April 18, 2012). In recognition of RA 8371 or the Indigenous Peoples Rights Act of 1997, NHA has issued Circular 2423 to assist IPs improve their living conditions and uplift their well-being through provision of decent shelter. The projects under this program are implemented as LGU projects in coordination with NCIP and project development plans shall be jointly approved by the LGU, NHA and the IP community. NHA’s fund assistance for said program is considered as grant to (i) all municipalities (ii) 5th and 6th class cities and 5th and 6th class provinces to cover land development or housing construction and technical assistance.

B. ADB Policies

153. Involuntary Resettlement. According to ADB’s Safeguard Policy Statement (SPS), the objectives of the ADB safeguards policy are to avoid involuntary resettlement (IR) whenever possible; to minimize involuntary resettlement by exploring project and design alternatives; and to enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real

terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups.

154. The IR safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. ADB- supported projects are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks.

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

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

(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts, and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. (iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially

into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non- land assets. (viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

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

158. ADB’s SPS for indigenous people’s requirements include: (i) consultation and participation; (ii) social impact assessment; (iii) indigenous peoples planning; (iv) information disclosure; (v) GRM; (vi) monitoring and reporting; and (vii) unanticipated impacts. These requirements are anchored upon the following safeguards policy principles for indigenous peoples:

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

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

C. Gap Analysis and Project Principles

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

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

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

by all types of infrastructure projects implemented by the DPWH, whether foreign or locally funded.

162. The LARRIPP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. It enumerates the entitlements and benefits that affected households should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It reiterates RA 8974 as to modes of acquiring title and valuation of assets. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIPP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan. The DPWH Social and Environmental Management Systems (SEMS) Policy Framework and Operations Manual is similarly anchored on LARRIPP.

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

164. RA 10752 Annex A. #4 Standards and Specifications reiterates but provides more clarity to RA 8971 and the LARRIPP. In providing the services and delivering the desired outputs, the GFI/IPA shall observe the following standards and specification listed under Sec 7 of RA 10752:

(i) The classification and use of which the property is suited; This shall be based on, among other things, the latest approved land use plan and/or zoning ordinance, if any, of the city or municipality concerned. (ii) The development cost for improving the land; this shall be based on, among other things, the records and estimates of the City or Municipal Assessor concerned, GFI or IPA for similar or comparable lands. (iii) The value declared by the owners; this shall be based on the value shown in the owners’ latest Tax Declaration Certificates or Sworn Statements. (iv) The current selling price of similar lands in the vicinity; This shall be based on, among other things, the latest records on Deed of Sale for similar lands in the office of the Register of Deeds concerned. (v) The reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of improvements thereon; this shall consider, among other things, the replacement cost of improvements at current market prices as provide in Sec 6.6 of the IRR. (vi) The size, shape or location, tax declaration and zonal valuation of the land; These shall be based on, among other things, the latest records on Deed of Sale in the Register of Deeds, tax declaration by the City or Municipal Assessor, zonal valuation of the BIR for comparable properties.

(vii) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and (viii) Such facts and events so as to enable the affected property owners to have sufficient funds to acquire similarly situated lands of approximate areas as those required from them by the government, and thereby rehabilitate themselves as early as possible.

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

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

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

Table 63: Assessment of Involuntary Resettlement Policy Gaps ADB Policy GOP Laws Gap Gap-Filling Measure 1. Pay compensation Under RA 10752, APs will Mode of payment/ The APs will be paid and provide other be paid in two instalments compensation for 100% compensation resettlement for their affected affected assets/ prior to removal of entitlements before properties. Initially, they properties. assets and properties. physical or will be paid 50% of economic compensation due for The APs will not be displacement. their affected lands and displaced until after Implement the 70% of compensation due they have received in resettlement plan for structures and crops full the compensation under close found on their affected and applicable supervision lands. The balance in allowances due to throughout project compensation for the land them. implementation. and improvements will be paid to the APs only after the acquired lands have been cleared of all improvements (i.e., structures, trees, and crops).

However, DPWH ESMS Section 9.4.1 states that "The APs will not be displaced until after they have received in full the compensation and applicable allowances due to them".

Also, DPWH LARRIPP 2007 Chapter VIII, Monitoring

ADB Policy GOP Laws Gap Gap-Filling Measure and Evaluation, includes the question in the checklist for internal monitoring of RAP implementation about the timely delivery of compensation and entitlements "Have AF's (affected families) received payment for affected structures and lands on time?" Land donation is not Land donation will not be GOP Laws and the DPWH within the scope of the applied. SES recognize land ADB SPS of 2009. donation as a modality for land acquisition. 2. Severely affected B. Marginally affected There is difference in Marginally affected persons/ HHs: When APs: is the portion of the usage of severity. APs with Affected the loss of the AP is property to be affected is Productive Asset equivalent to 10% or only partial or less than example farmland and more of its total 20% of the total area and income from other productive assets the remaining portion of sources (e.g., farmland, fish the property or asset is still (business/shop) will be farm) and incomes viable for continued use. reclassified as from other sources However, if the property to severely affected – (e.g., business/ be affected is less than losing 10% or more of shops), and/or when 20% but the remaining productive assets. the AP losses its portion is no longer viable house totally and must for continued use will also reorganize behind the be reclassified as right-of-way or relocate severely- affected. elsewhere PAPs without legal rights 3. Compensation for PAPs without legal PAPs who do not have to affected land are non-land assets. entitlement to affected legally recognized right potentially ineligible for PAPs who have neither land will be eligible for compensation for non- to the affected land but formal legal rights nor compensation for land losses if they who occupy the project recognizable claims to structures and occupy ROW or are affected area prior to affected land they improvements with classified as the cut-off date are occupied, are to be following criteria: professional squatters or eligible for compensated for the who own real property compensation for all - Must be a Filipino loss of assets other elsewhere. losses, other than land, than land, and for other citizen; at full replacement improvements to the - Must not own any real cost. land, at full property or any other replacement cost, housing facility, provided they occupied whether in an urban or “Squatting syndicates” the project area prior to rural area; as defined in section 3 the project cut-off date. of RA 7279 and who - Must not be a are certified by HUDCC professional squatter and or other or a member of a Government Agency squatting syndicate, (PNR, LGU among as defined in R.A No. others) as such will not 7279, otherwise be eligible for known as the "Urban compensation or Development and assistance. housing Act of 1992";

ADB Policy GOP Laws Gap Gap-Filling Measure

(Section 5(b) of RA 10752) Presence in the project “Squatting syndicates” as affected area at cut-off defined in section 3 of RA date to be validated 72795 will not be eligible through census and for compensation or validated by the Local assistance. Inter-Agency Committee. 4. Eligibility for Socialized Housing: Restrictions on eligibility All relocating PAPs will resettlement for resettlement be eligible for: assistance for those who assistance. Physically Under Section 16 of RA - relocation allowance, displaced persons will 7279, informal settlers: To have previously availed of socialized housing or including transportation be provided with qualify for the socialized allowances relocation assistance, housing program, a have real property

transitional support and beneficiary: elsewhere. development assistance. AND one of the two - Must be a Filipino citizen; following option: Improve the standards - Must be an of living of the displaced underprivilegedand (i) self-relocation, poor and other homeless citizen vulnerable groups, (ii) on-site relocation, (iii) including women, to at - Must not own any real relocation to project- least national minimum property whether in the sponsored resettlement standards and provide urban or rural areas; and sites in cooperation with them with appropriate Must not be a professional key actors – local income sources and squatter or a member of governments and other legal and affordable squatting syndicates. entities as mandated by access to adequate law housing. “Squatting syndicates” as defined in section 3 of RA 7279 and who are certified by HUDCC as such will not be eligible for resettlement assistance.

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

Table 64: Assessment of Indigenous Peoples Policy Gaps

Gap ADB Policy GOP Laws Gap-Filling Measure

The definition of Indigenous Scope of Application/ Indigenous Peoples (IPs) IPRA will prevail Peoples under IPRA fully Definitions: The term IP is used are defined by the IPRA covers the ADB usage in a generic sense to refer to a Law (Sec 3. (h) as “a group under the SPS. It however distinct, vulnerable, social and of people or goes beyond the ADB cultural group possessing the homogenous societies usage through the concepts following characteristics in identified by self-ascription of (i) time immemorial varying degrees: (i) Self- and ascription by others, occupation, possession identification as members of a who have continuously and utilization of territories, distinct indigenous cultural lived as organized (ii) historical differentiation group and recognition of this community on communally as a result of resistance to identity by others; (ii) Collective bounded and defined political, social and cultural attachment to geographically territory and who have, inroads of colonization, and distinct habitats or ancestral under claims of ownership (iii) descent. territories in the project area since time immemorial,

and to the natural resources in occupied, possessed and these habitats and territories; utilized such territories, (iii) Customary cultural, sharing common bonds or economic, social, or political language, customs, institutions that are separate traditions and other from those of the dominant distinctive cultural traits, or society and culture; and (iv) A who have, through distinct language, often resistance to political, social different from the official and cultural inroads of language of the country or colonization, region. nonindigenous religions and cultures, became historically differentiated from the majority of Filipinos” . The LARRIP has no explicit Unanticipated Impacts: Should Included as a concern ADB policy will prevail provisions on unanticipated unanticipated impacts on IPs under external monitoring impacts. become apparent during only. project implementation, such as a change in the project’s footprint, the borrower/client will carry out a social impact assessment and update the IPP or formulate a new IPP covering all applicable requirements specified in this document.

D. Social Safeguards Policy Principles for the Project

169. The Project shall, under the aegis of DPWH, uphold legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements as embodied in the RIPF. The resettlement and IP policy principles for the Project are thus as follows:

(i) Screen subproject components during early stages to identify involuntary resettlement impacts and risks as well as presence of IPs/ICCs and the likelihood of impacts on identified IPs/ICCs per project activity. These impacts and risks must be minimal. Appropriate social safeguards planning documents will be developed precisely and accurately as a result of a social assessment. (ii) Carry out culturally appropriate and gender-sensitive social assessment to assess potential impacts on APs particularly with IPs/ICCs living in the project areas and concerned NGO organizations. Inform all APs including IPs/ICCs on potential restriction to access to natural resources because of the project and ensure their participation in the project cycle. (iii) Conduct meaningful consultations with affected APs/IPs/ICCs to solicit their participation across the project cycle to (a) avoid adverse impacts or - issues of access restriction will be avoided as much as possible - when avoidance is not possible, to minimize, mitigate, or compensate for such effects; (b) develop project benefits for affected Indigenous Peoples in a culturally appropriate manner; (c) provide culturally appropriate and gender inclusive capacity development; and (d) establish a culturally appropriate and gender inclusive GRM. (iv) In areas that affect ancestral domains, full consultation in order to generate consensus with IPs/ICCs will be upheld to safeguard areas with customary rights. These will be reflected in the social safeguards planning document with particular actions to protect or compensate IPs/ICCs. The absence of broad community support as manifested in the Certificate Precondition/Free and Prior Informed

Consent/Certificate on Non-Overlap shall make the project component not eligible for the use of loan proceeds. (v) Improve or at least restore the livelihood of the APs/IPs/ICCs through (a) land- based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; (c) prompt compensation at full replacement cost for lost assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible. (vi) APs/ IPs/ICCs shall be involved in resettlement and IPs/ICCs planning based on the social assessment, and social safeguards planning documents will include a framework for continued consultation with the IPs/ICCs during project implementation and cover all appropriate mitigation measures to improve, or at least restore, the livelihoods of all APs/IPs/ICCs, especially vulnerable groups so that the living standard of APs/IPs/ICCs do not become worse off compared to pre- project levels. Social safeguards planning documents should elaborate on culturally appropriate GRM, AP/IP/ICC entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs/IPs/ICCs with appropriate assistance. (vii) APs/IPs/ICCs without title or any recognizable legal rights to land are eligible for assistance and compensation for non-land assets at replacement cost. Particular attention will be paid to women, women-headed households, and the elderly and other vulnerable persons. (viii) Eligible APs will be compensated and assisted as per the entitlement matrix set out in this framework. Voluntary donation will not be applied in the project. (ix) Disclose the draft social safeguards planning documents and its updates before subproject appraisal to the APs/IPs/ICCs and other stakeholders in an accessible place and a form and understandable language. (x) Land acquisition, resettlement, and IPs/ICCs plans will be conceived of as part of the project and related costs will be included in and financed out of the project cost from the government counterpart. (xi) Civil works and/or restrictions to use of land resources will not commence unless APs/IPs/ICCs are fully compensated, and all other entitlements provided. (xii) Monitor implementation of the social safeguards planning documents; monitor and assess resettlement outcomes, their impacts on the standards of living of APs/IPs/ICCs, and also disclose the monitoring reports. (xiii) Disclose monitoring reports as uploaded on to ADB and DPWH websites; and to the project sites specifically the affected communities/persons, in summary form. (xiv) Should unanticipated involuntary resettlement and IP/ICC impacts be determined during project implementation, DPWH will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new one covering all applicable requirements specified in the RIPF.

VII. COMPENSATION AND OTHER ENTITLEMENTS

A. Affected Persons and Eligibilities

170. APs are those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, and resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, social and cultural networks and activities. Such impacts may be permanent or temporary. To sum up, APs are:

(i) Persons with formal legal rights to land and structures lost in its entirety or in part; (ii) Persons who have no formal legal rights to such land and/or structures wholly or in part but who have claims to such lands that are recognized or recognizable under national laws; and (iii) Persons who lost the land they occupy in entirety or in part who have neither legal rights nor recognized or recognizable claims to such land.

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

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

172. In this Project, the cut-off date of eligibility for project entitlements is 7 June 2017 the starting date of the census of APs and the IOL of APs’ land and/or non-land assets for PR07. Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

B. Compensation and Entitlements

173. Compensation and assistance are designed to enhance or at least restore the livelihoods of all displaced persons in real terms relative to pre-project levels and to improve the standards of living of the displaced poor and other vulnerable groups21. Per this RIPF, DPWH will offer to the property owner concerned, as compensation price, the sum of: (i) replacement cost of land based on the current market value of land, free of taxes22 (ii) the replacement cost of structures and improvements and (iii) the current market value of crops and trees. Replacement Cost — refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices.

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

175. To determine the appropriate price offer for the acquisition of ROW through negotiated sale, DPWH will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by: (1) the Bangko Sentral ng Pilipinas (BSP) or (2) a professional association of appraisers recognized by BSP. The mobilization details for such service is provided in Appendix 11.

176. Entitlements and compensation are determined according to the nature of the impacts.

177. Compensation, transitional allowances and resettlement assistance will be provided in full to affected persons prior to displacement, land clearance and commencement of works in any affected areas.

178. In the event that APs are unable or unwilling to receive their entitlements due to contested ownership, APs being absent and unreachable or APs contest the compensation offered, and following reasonable efforts to identify owners, and adjudicate resolution of disputes as required under RA10752, DPWH will deposit the full amount of compensation and allowances due in to an escrow account until such time as the money can be released to the affected persons.

179. A range of entitlements is provided in table below.

21 Vulnerable groups include children under 5, undernourished children, pregnant women, old and disabled persons, landless and informal settlers whose combined household income falls below the poverty threshold, indigenous peoples, those with income below the poverty threshold, and households headed by women. 22 free of taxes, including capital gains tax, documentary stamps tax, transfer tax, and registration fees, except Real Property Tax (RPT) arrears

Table 65: Compensation and Entitlement Matrix No Impact/ Application Entitled Person Entitlement Loss Category A. LAND LOSS 1 Classified Severely AP with Title, • Cash compensation for loss of as affected land at full replacement cost Agricultural computed at current market value, (10% or more of (95 HHs) free of taxes, including capital the total gains tax (CGT), documentary landholding lost stamps tax (DST), transfer tax, or where less and registration fees, except Real than 10% lost but Property Tax (RPT) arrears the remaining • If feasible, land for land will be landholding provided in terms of a new parcel becomes of land of equivalent productivity, economically at a location acceptable to APs unviable) • Holders of Certificates of Land (32 HHs) Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost) or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except for improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking.

• Rehabilitation assistance in the

form of skills training equivalent to the amount of Php15,000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity. • Option to have entire lot acquired if remaining portion is economically unviable. 2 APs without • Cash compensation for loss of title and with land at full replacement cost tax computed at current market value, declarations free of taxes, including capital and/or other gains tax (CGT), documentary documents stamps tax (DST), transfer tax, that may show and registration fees, except Real proof of Property Tax (RPT) arrears ownership • If feasible, land for land will be provided in terms of a new parcel

of land of equivalent productivity, Provided that at a location acceptable to APs the land owner • Holders of free or homesteads shall present: patents and CLOA under CA 141. [(i) follow the other modes of a. Tax acquisition enumerated in the IRR Declaration of RA10752, if the landowner is showing his not the original patent holder and and his any previous acquisition of said predecessors’ land is not through a gratuitous open and title; Cash compensation for loss continuous of land at 100% current market possession of value and improvements at the property for replacement cost) or (ii) follow the at least thirty provisions under CA No. 141 (30) years; regarding acquisition of ROW on b. Certification patent lands, if the landowner is from the the original patent holder or the Department of acquisition of the land from the Environment original patent holder is through a and Natural gratuitous title] except for Resources improvements at replacement (DENR) that the cost land is alienable • Holders of Certificates of Land and disposable; Ownership Award (CLOA) and granted under the c. other legally Comprehensive Agrarian recognized Reform Act (RA 6657) shall be proof of compensated at current market ownership value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. • Cash compensation for damaged crops at market value

at the time of taking.

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

• Rehabilitation assistance in the form of skills training equivalent to the amount of Php15, 000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity. • Option to have entire lot acquired if remaining portion is economically unviable. 3 Marginally AP with Title, • Cash compensation for loss of affected land at full replacement cost computed at current market value, (Less than 10% of free of taxes, including capital the total gains tax (CGT), documentary landholding lost stamps tax (DST), transfer tax, and the remaining and registration fees, except Real landholding is Property Tax (RPT) arrears economically • If feasible, land for land will be viable) provided in terms of a new parcel of land of equivalent productivity, (63 HHs) at a location acceptable to APs • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value

• Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost) or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except for

improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking. 4 APs without • Cash compensation for loss of title and with land at full replacement cost tax computed at current market value, declarations free of taxes, including capital and/or other gains tax (CGT), documentary documents stamps tax (DST), transfer tax, that may show and registration fees, except Real proof of Property Tax (RPT) arrears ownership • If feasible, land for land will be provided in terms of a new parcel

for at least replacement cost) or (ii) follow the thirty (30) provisions under CA No. 141 years; regarding acquisition of ROW on • Certification patent lands, if the landowner is from the the original patent holder or the Department of acquisition of the land from the Environment original patent holder is through a and Natural gratuitous title] except for Resources improvements at replacement (DENR) that cost the land is • Holders of Certificates of Land alienable and Ownership Award (CLOA) disposable; granted under the and Comprehensive Agrarian • other legally Reform Act (RA 6657) shall be recognized compensated at current market proof of value ownership • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. • Cash compensation for

damaged crops at market value at the time of taking. 5 Classified Entirely affected AP with titles , tax • Cash compensation for loss of as (remaining portion declarations and land at full replacement cost Residential is not viable for other proof of computed at current market value, (19 HHs) residential ownership free of taxes, including capital purposes) gains tax (CGT), documentary stamps tax (DST), transfer tax, (0 HHs) and registration fees, except Real Property Tax (RPT) arrears • If feasible, land for land will be provided in terms of a new parcel of land. The replacement land will have better or at least similar locational attributes as the land lost, at a location acceptable to APs.

The entire plot will be acquired and resettlement assistance provided as described in the entitlement matrix.

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

of ownership granted under the • other legally Comprehensive Agrarian recognized Reform Act (RA 6657) shall be proof of compensated at current market ownership value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only.

The entire plot will be acquired and resettlement assistance provided as described in the entitlement matrix.

7 Partially affected AP with titles, tax • Cash compensation for loss of declarations and land at full replacement cost (19 HHs) other proof of computed at current market value, ownership free of taxes, including capital gains tax (CGT), documentary stamps tax (DST), transfer tax, and registration fees, except Real Property Tax (RPT) arrears • If feasible, land for land will be provided in terms of a new parcel of land, at a location acceptable to APs

8 AP without titles • Cash compensation for loss of and with tax land at full replacement cost declarations and computed at current market other proof of value, free of taxes, including ownership capital gains tax (CGT), documentary stamps tax (DST), Provided that the transfer tax, and registration fees, land owner shall except Real Property Tax (RPT) present: arrears • Holders of free or homesteads • Tax patents and CLOA under CA 141. Declaration [(i) follow the other modes of showing his acquisition enumerated in the and his IRR of RA10752, if the landowner predecessors’ is not the original patent holder open and and any previous acquisition of continuous said land is not through a possession of gratuitous title; Cash the property for compensation for loss of land at at least thirty 100% current market value and (30) years; improvements at replacement • Certification cost) or (ii) follow the provisions from the under CA No. 141 regarding Department of acquisition of ROW on patent Environment lands, if the landowner is the and Natural original patent holder or the Resources acquisition of the land from the

(DENR) that the original patent holder is through a land is alienable gratuitous title] except for and disposable; improvements at replacement and other cost documents that • Holders of Certificates of Land may show proof Ownership Award (CLOA) of ownership granted under the other legally Comprehensive Agrarian recognized proof of Reform Act (RA 6657) shall be ownership compensated at current market value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only.

B. MAIN STRUCTURES 9 Residential Entirely affected AP with Title or with structure tax declaration and • Cash compensation at (256 HHs entirely (258 HHs) other proof of replacement value without affected or ownership of land depreciation or deduction for residential Commercial upon which the salvageable materials. structure) (97 HHs) structure is built. • Entitlements for resettlement (e.g. (96 HHs severely assistance (if physically commercial affected displaced) and income restoration establishme commercial assistance, described in the nt, shop, establishment) entitlement matrix below. fixed store)

10 AP without Title or • Cash compensation at without other proof replacement value without of ownership depreciation or deduction for salvageable materials.

Provided that • Entitlements for resettlement meeting all of the assistance (if physically displaced) following criteria: and income restoration Must not be a assistance, described in the

professional entitlement matrix below. squatter or a member of squatting syndicate, as defined in Republic Act No. 7279

11 Partially affected AP with Title or with (remaining tax declaration and • Cash compensation at structure is still other proof of replacement value without

viable after repair) ownership of land depreciation or deduction for upon which the salvageable materials. structure is built.

(2 HHs with • Cash allowance for repairs and partially affected reconnection of utilities. 23 residential structure) (1 HH with partially affected commercial establishment) 12 AP without Title or • Cash compensation at without other proof replacement value without of ownership depreciation or deduction for salvageable materials. • Cash allowance for repairs and Provided that reconnection of utilities. 24 meeting all of the following criteria:

Must not be a professional squatter or a member of squatting syndicate, as defined in Republic Act No. 7279

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

(e.g. cost.

fences, • Cash allowance for repairs if wells, deemed partially affected.25 external bathrooms, etc. that are not attached to main structure) and other improvemen ts (154 HHs)

14 Community Structure owner • Cash compensation for the structures affected other structures or (14

23 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures and reconnection of utilities. 24 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures and reconnection of utilities. 25 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures

barangays) improvements at replacement cost. • Cash allowance for repairs if deemed partially affected26

D. CROPS, TREES AND PERNNIALS 15 Loss of AP with or • Cash compensation for crops, crops (131 without Titles, tax trees, and perennials at current HHs), trees declaration, etc. market value as prescribed by (122 HHs) the concerned LGUs, DA, and and DENR. perennials E. OTHER ENTITLEMENTS 16 For Severely Land owner, • Livelihood rehabilitation Agricultur affected Agricultural assistance (skills training and al (38 tenants/settlers/ other development activities) 10% or more of HHs) and lessee with title, will be provided in the total commerci tax declaration coordination with other landholding/ al (77 and other proof of government agencies, if the productive HHs) and ownership or in present means of livelihood is asset lost or including compliance with severely affected or no longer where less than commerci RA 10752 viable and the PAF will have 10% lost but the al to engage in a new income remaining land establish activity holding or ment commercial establishment becomes economically unviable, or the commercial structure is no longer viable.

17 For Severely or Agricultural • Disturbance Compensation Agricultura marginally Lessee equivalent to five (5) times the affected l Land agricultural land average gross harvest for the past five (5) years of the area acquired (0 HHs) but not less than ₱15,000.00 (RA 6389) 18 Agricultural • Financial assistance equivalent tenants and to the average annual gross settlers harvest for the last three (3) years of the area acquired and not less than P15,000 per hectare (EO 1035) 19 For Marginally or APs with affected • Income loss allowance commercial severely businesses commensurate with actual / business affected incomes loss, up to a maximum (97 HHs) of P15,000.

• If severely affected (loss 10%

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

and above of the total area of the commercial structure or where less than 10% loss but the remaining portion becomes economically unviable), Livelihood rehabilitation assistance (skills training and other development activities) will be provided in coordination with other government agencies, if the present means of livelihood is no longer viable and the PAF will have to engage in a new income activity. • Transportation allowance. If relocating to another location, transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business. • 20 For Entirely affected APs that need • Inconvenience Allowance in the residential relocation and amount of ₱10,000.00 (256 HHs) structure new construction

F. RELOCATION 21 Loss of Families APs/Informal • Transportation Allowance to residentia displaced who Settlers move household belongings to l structure opt to relocate Families (ISFs) new site who are • Livelihood rehabilitation assistance (132 HHs) relocating

22 Entirely Qualified • Provided option for relocation affected without Informal Settlers at a resettlement site in land Family27 coordination with the LGUs • Should relocation not be (54 HHs) possible within the said period financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by 60 days shall be extended to the affected families by LGUs concerned (RA 7279) • Should relocation at the project resettlement site not be possible by the time of expiration of the 60 days financial assistance, rental assistance will be provided until

27 ISFs are identified as poor, not owners of land they occupy and their residential and/or combined residential – commercial structures will be severely affected in terms of both area and foundation and/or structural integrity

such time that relocation is possible. • APs will be provided with relocation options suitable to their preference. Options are (i) self- relocation, (ii) on-site relocation, and (iii) relocation to project- sponsored resettlement sites in cooperation with key actors – local governments and other entities as mandated by law.

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

181. Compensation for land. The compensation offer will be at current market value at the time of taking. DPWH will pay, for the account of the AP, the capital gains tax, documentary stamp tax, transfer tax, and registration fee. The owner will pay any unpaid real property tax. Other modes of compensation will be explored when feasible, such as land swap for a new parcel of land of equivalent market value, at a location acceptable to the AP and compliant with zoning laws, or a plot of equivalent value, whichever is larger, in a nearby relocation site with adequate physical and social infrastructure. When the affected landholding has higher value than the relocation plot, cash compensation will cover the difference in value.

182. Holders of Certificates of Land Award (CLOA) granted under Comprehensive Agrarian Reform Act will be compensated at current market value at the time of land acquisition. In case of lands granted through Commonwealth Act No 141, otherwise known as "The Public Land Act", the Project will: (i) Follow modes of acquisition enumerated in RA 10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; or (ii) Follow the provisions under CA No. 141, as amended, regarding the acquisition of ROW on patent lands is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title.

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

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

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pro-rata to the affected area); and (iv) Cash compensation for fruit trees will be based on current market value.

185. Transportation Allowance or Assistance. For relocating APs, free transportation will be provided to APs to include informal settlers in urban centres who would opt to go back to their places of origin in the provinces or be shifted to government relocation sites. The Municipal Resettlement Implementation Committee (MRIC) shall determine the appropriate amount of transportation allowance for relocating APs. For this RIPP, transportation allowance rates are indicated in Appendix 12: A Resolution Prescribing the Cost of Transportation Allowance to be given to the Project Affected Persons for the Implementation of PR06: Alicia- Malangas Road.

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VIII. RELOCATION STRATEGY

A. Overview of Relocating Households

186. There are 256 households (1,152 persons) whose houses will be fully affected. Of these, 124 households (558) will move back outside the ROW on unaffected residual land that they own or are permitted to use (such as land owned by a family member), and 78 households (351 persons) will self-relocate to another location using their compensation. There are 54 households (243 persons) who are landless and will relocate to a project resettlement site. A summary of relocation arrangements for households with severely affected houses is presented below.

Table 66: Categories of AHs with Fully Affected Houses AHs with Relocate to Municipality/ severely Self- Resettlement Move back Barangay affected Relocate Site houses Alicia 69 20 28 21 Alegria 12 0 6 6 Bella 43 19 15 9 Ilisan 6 0 1 5 Lapirawan 7 1 5 1 Poblacion 1 0 1 0 Malangas 187 34 96 57 Bacao 13 2 9 2 Camanga 49 2 32 15 Catituan 7 0 2 5 Lipacan 29 11 9 9 Logpond 8 1 3 4 Payag 9 0 5 4 Poblacion 19 9 8 2 Sinusayan 18 2 9 7 Tackling 33 7 17 9 Tigabon 2 0 2 0 TOTAL 256 54 124 78

B. Relocation Sites

187. The identified relocation sites of Alicia are situated in Barangays Bella and Lapirawan. While identified relocation site in Malangas are located in Barangays Bacao, Camanga, Lipacan, Logpond, Poblacion, Sinusayan and Tackling. Based on a barangay resolution, the land will be awarded to the eligible APs for resettlement site. See Appendix 14 for the barangay resolution awarding lots to eligible relocatees. Since, the resettlement sites are accessible and near the main road, construction of access road is unnecessary. Moreover, affected persons will be responsible for building their houses using their compensations. There are nine resettlement sites to be developed in Alicia and Malangas. Table below summarizes the details.

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Table 67: Land Area to be Awarded to the Relocatees

Municipality/ Land Awardees Plot Size / AH Total Area of Resettlement Barangay (m2) Site (m2)

Alicia 20 100 2,000 Bella 19 100 1,900 Lapirawan 1 100 100 Malangas 34 100 3,400 Bacao 2 100 200 Camanga 2 100 200 Lipacan 11 100 1,100 Logpond 1 100 100 Poblacion 9 100 900 Sinusayan 2 100 200 Tackling 7 100 700 TOTAL 54 100 5,400

188. New titles for resettlement site plots will be issued in the names of both spouses heading household recipients of resettlement site plots.

189. The Figures below show the identified relocation sites with corresponding geographical coordinates.

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Figure 5: Map Showing PR06 Relocation Site in Brgy. Bella, Alicia

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Figure 6: Map Showing PR06 Relocation Site in Brgy. Lapirawan, Alicia

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Figure 7: Map Showing PR06 Relocation Site in Brgy. Bacao, Malangas

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Figure 8: Map Showing PR06 Relocation Site in Brgy. Camanga, Malangas

107

Figure 9: Map Showing PR06 Relocation Site in Brgy. Lipacan, Malangas

108

Figure 10: Map Showing PR06 Relocation Site in Brgy. Logpond, Malangas

109

Figure 11: Map Showing PR06 Relocation Site in Brgy. Poblacion, Malangas

110

Figure 12: Map Showing PR06 Relocation Site in Brgy. Sinusayan, Malangas

111

Figure 13: Map Showing PR06 Relocation Site in Brgy. Tackling, Malangas

112

190. Water system is available and electric connection is accessible.

191. The main electricity distribution lines in all identified relocation sites are provided by Zamboanga del Sur Electric Cooperative (ZAMSURECO II). Regular connection procedures for residential houses for example (5 ampere load protection) require payment of bill deposit amounting to Php 500.00 and Php 314.20 service charges. Assistance will be provided to APs to connect electricity to their houses. (Appendix 15: ZAMSURECO II Electric Service Application and Regular Order Connection Procedures).

192. All relocation sites can use the existing (Level II) water systems in the Municipality of Alicia and Malangas. The water source is Kapatagan Water District.

193. The table below provides an overview of the situation and development needs of the two resettlement sites.

Table 68: Description of Resettlement Sites

Municipality Site Description Development Needs Barangay

• improve existing access road (grading and concreting to site • located within the • levelling required Barangay center • pre- construction/ construction of other • 2.75 km away from site development needs to include Alicia town center Bella surveys, geotechnical studies, • 20m away from the engineering plans to include, clearing, main road center. Alicia grubbing, rolling embankment, levelling, drainage system etc.) • Beside the barangay Lapirawan covered court and barangay hall. • Only clearing and grubbing • The ground is flat and stable • Within the center of brgy community, 250m Bacao from the brgy hall, along the on-going • Only clearing and grubbing road project. • The ground is flat and stable

• Within the center of Camanga brgy community, 100m from the brgy hall • Only clearing and grubbing • The ground is flat and stable

113

Municipality Site Description Development Needs Barangay

• Within the center of brgy community. Lipacan Adjacent to brgy court, Malangas • Only clearing and grubbing hall and health center

• The ground is flat and stable

• Within the center of brgy community. Logpond Adjacent to brgy court, • clearing and grubbing hall and health center

• The ground is flat and stable

• Distance from existing municipal road = 40 m • Distance from existing barangay road = 10 m • Accessible to electric/power connections. • Relocatees may opt to Poblacion connect to the • Backfilling of about 1 m height barangay water system or construct • clearing and grubbing their • 300 m away from the project site • near Municipal public market, police station, municipal hall, mosque, and churches • Within the center of Sinusayan brgy community, 30m

from existing road • clearing and grubbing

• The ground is flat and stable

• Within the center of brgy community, Tackling behind the brgy • Only clearing and grubbing covered court

• The ground is flat and stable

194. The total development cost for the resettlement sites and plots is estimated to be PhP 7,200,000. A breakdown of the site development costs is presented in the table below.

114

Table 69: Site Development Cost Estimates Total Area of Estimated Estimated Site Municipality Barangay Resettlement Plots to be Development Site (m2) Awarded Costs (PHP) Alicia Bella 1,900 19 1,520,000 Lapirawan 100 1 80,000 Malangas Bacao 200 2 160,000 Camanga 200 2 160,000 Lipacan 1,100 11 880,000 Logpond 100 1 80,000 Poblacion 900 9 80,000

Total 5,400 54 3,680,000

C. Implementation Arrangements

195. The provision of the resettlement site will be undertaken by DPWH and the LGU. Since the relocating AHs are few and not reaching 200 as standard of NHA for socialized housing, the LGU or the barangay are the agencies responsible for providing the relocation site.

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

197. The LGUs of Alicia and Malangas will provide relocation site land, undertake site development, including land filling, levelling and connection to water services including construction of wells. The LGU is responsible for requesting the electricity service provider to connect electricity to the site and to the individual houses upon completion of construction. The LGUs will award the resettlement site plots to the eligible APs, based on DPWH endorsement of the APs to the LGU to avail relocation site and assistance. DPWH is responsible for site development costs and has overall responsibility for construction quality according to plan.

198. The preparation of resettlement sites is expected to take five months from approval of the RIPP. The timeline with schedule is set out in the graph below.

Table 70: Schedule to Develop Resettlement Sites Responsi 2019 2020 Activity ble Agency Jul-Sep Oct-Dec Jan-Mar Apr-Jun Jun-Sep Arrangement between the LGUs LGU x and PAPs

115

Provision of rental entitlement DPWH X allowance Payment of Compensation and DPWH other forms of X assistance Preparation of individual resettlement plots – LGU X X clearing, levelling, drainage Provision of water LGU X services LGU/ Connection of electricity X electricity service provider PAPs construct PAPs X houses DPWH confirms to ADB site DPWH X satisfactorily completed PAPs move in to X houses

116

IX. LIVELIHOOD RESTORATION

A. Objectives and Description of Beneficiaries

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

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

201. As part of the RIPP entitlement provisions, people eligible to participate in the LRP are those whose livelihoods or productive resources are severely affected, those whose living standards are otherwise significantly disrupted by being required to physically relocate, or those who are classified as especially vulnerable wherein the RIPP aims to improve their living standards. 28

202. There are 324 AHs who are eligible to participate including 256 relocatees, 77 business owners, 38 severely affected farming households and 142 vulnerable AHs. (Some AHs have more than one element of severity of impact, such as relocating and losing a small store or being vulnerable.) Please refer to the table in the following section for details of eligible AHs by type and location.

B. Livelihood Restoration Strategy and Activities

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

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

205. A Livelihood Restoration Program (LRP) Survey was simultaneously carried out with the Resettlement Survey from 22-26 July 2019. The LRP Survey was undertaken essentially to solicit the AH’s intentions for livelihood restoration – especially if AHs would re-establish what they would lose (e.g. set up again their shop or buy replacement farming land) or do something new. The

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

117

AHs were told that the Project is in the process of preparing a livelihood restoration program. The main goal of the face to face interview was to know their intentions and preferences and asses their needs so that the project can prepare a meaningful program.

206. A total of 276 (85%) were interviewed out of 324 LRP eligible AHs with multiple instances of impacts. However, 20 AHs in Alicia and 28 AHs in Malangas were not interviewed due to unavailability of the AHs during the conduct of Livelihood Restoration Program Survey.

207. The table below shows the summary of LRP beneficiaries/participants.

Table 71: LRP Beneficiaries

Affected Households

Municipality/ Total AHs Interviewed Not Interviewed

Barangay

Site)

Loss (farmer) Loss

(Resettlement

ForRelocation

BusinessLoss

TotalInstances

VulnerableAHs AgriculturalLand Alicia 69 32 26 39 164 110 90 20 Alegria 12 2 1 5 20 13 9 4 Bella 43 22 14 23 102 64 59 5 Ilisan 6 5 7 5 21 19 14 5 Lapirawan 7 1 2 4 14 9 8 1 Poblacion 1 2 2 2 7 5 0 5 Malangas 187 45 12 103 343 214 186 28 Bacao 13 3 3 11 29 18 14 4 Camanga 49 15 0 25 88 50 46 4 Catituan 7 1 7 5 20 15 10 5 Lipacan 29 6 1 13 48 33 28 5 Logpond 8 4 1 1 14 11 8 3 Payag 8 2 0 5 15 9 8 1 Poblacion 19 4 0 10 33 20 17 3 Sinusayan 18 3 0 11 32 18 17 1 Tackling 34 7 0 22 62 38 36 2 Tigabon 2 0 0 0 2 2 2 0 TOTAL 256 77 38 142 507 324 276 48

C. Preferences of Affected Households

1. Relocatees

208. About 55% of AHs said they would still derive their income/livelihood income from the same source even after relocation; 16% to rebuild the same business/shop in the new place they will live; 18% plan to start a new type of business/shop away from where they will live; 5% said they are not yet decided; 2% would seek employment; 2% with no response.

118

Table 72: Planned Income Source after Relocation

Municipality/

Barangay

Total

Others

project)

No response No

place I will live place I will live

Not yet Not decided

Rebuildsame the

Seekemployment

Starta of new type

is not affected is bynot the affected

Same livelihood that I Same that livelihood

business/shop in the new the business/shopnew in the business/shopnew in currently do (my livelihood currentlylivelihood (mydo

Alicia 26 14 11 1 1 3 3 59 Alegria 8 0 1 0 1 0 0 10 Bella 12 12 10 1 0 3 2 40 Ilisan 2 0 0 0 0 0 0 2 Lapirawan 4 2 0 0 0 0 1 7 Malangas 97 21 30 3 4 8 1 164 Bacao 7 2 1 0 0 0 0 10 Camanga 25 5 12 0 3 1 0 46 Catituan 1 1 0 0 1 0 0 3 Lipacan 14 1 8 1 0 1 0 25 Logpond 2 2 0 0 0 1 0 5 Payag 4 1 1 0 0 1 0 7 Poblacion 9 3 1 2 0 1 1 17 Sinusayan 14 1 0 0 0 2 0 17 Tackling 20 4 7 0 0 1 0 32 Tigabon 1 1 0 0 0 0 0 2 TOTAL 123 35 41 4 5 11 4 223 % 55 16 18 2 2 5 2 100 *based on 219 interviewed AHs for relocation (resettlement site); with multiple responses

209. About 54% of relocating AHs have expressed interest in vocational skills training for themselves while 23% have selected the training of a family member; 18% said they are not interested in attending any training; 5% are not decided and 0.4% with no response.

Table 73: Interest in Vocational Training Yes – for Yes – for my Municipality/ Not myself (or child of Not decided No response Total Barangay interested spouse) working age Alicia 32 17 6 2 1 58 Alegria 7 1 0 1 0 9 Bella 19 13 5 1 1 39 Ilisan 1 0 1 0 0 2 Lapirawan 5 3 0 0 0 8

119

Malangas 89 34 35 10 0 168 Bacao 5 3 3 0 0 11 Camanga 27 6 12 0 0 45 Catituan 0 0 1 2 0 3 Lipacan 17 5 2 1 0 25 Logpond 2 1 1 1 0 5 Payag 3 2 2 0 0 7 Poblacion 7 7 2 2 0 18 Sinusayan 9 7 2 2 0 20 Tackling 18 3 10 1 0 32 Tigabon 1 0 0 1 0 2 TOTAL 121 51 41 12 1 226 % 53.5 22.6 18.1 5.3 0.4 100 *based on 219 interviewed AHs for relocation (resettlement site); with multiple responses

2. Business owners

210. About 71% of 69 AHs said they will rebuild the same business/shop on same plot; 10% plan to rebuild the same business/shop in the new place they will live; 7%will start a new type of business/shop on same plot; 3% will start a new type of business/shop somewhere else; 1% answered others; and 7% responded don't know yet.

Table 74: Business Owners Livelihood Restoration Intentions Start a new Rebuild the Rebuild the Start a new type of same Don’t Municipality/ same type of business/shop business/shop Others know Total Barangay business/shop business/shop somewhere in the new yet on same plot on same plot else (e.g. rent place I will live a shop) Alicia 1 2 7 1 0 4 28 Alegria 0 0 0 1 0 0 1 Bella 11 2 5 0 0 3 21 Ilisan 2 0 2 0 0 1 5 Lapirawan 1 0 0 0 0 0 1 Malangas 35 3 0 1 1 1 41 Bacao 2 0 0 0 0 0 2 Camanga 12 0 0 1 1 0 14 Catituan 1 0 0 0 0 0 1 Lipacan 4 0 0 0 0 0 4 Logpond 4 0 0 0 0 0 4 Payag 1 1 0 0 0 0 2 Poblacion 3 0 0 0 0 1 4 Sinusayan 2 1 0 0 0 0 3 Tackling 6 1 0 0 0 0 7 Tigabon 0 0 0 0 0 0 0

120

TOTAL 49 5 7 2 1 5 69 % 71 7 10 3 1 7 100 *based on 69 interviewed AHs with business loss

3. Farmers

211. About 56% of interviewed AHs said they intend to diversify/intensify farming on remaining land; 16% will buy replacement farming land; 9% will make up for household income loss with household member engaging in new non-farm activity; 13% do not know yet; 3% have other intentions and another 3%did not respond.

Table 75: Farmers Livelihood Restoration Intentions Make up for Diversify/ Buy household income Intensify Don’t Municipality/ replacement loss with No farming on Others know Total Barangay farming household member response remaining yet land engaging in new land non-farm livelihood Alicia 3 14 0 1 3 0 21 Alegria 0 0 0 0 0 0 0 Bella 2 10 0 0 1 0 13 Ilisan 1 3 0 1 2 0 7 Lapirawan 0 1 0 0 0 0 1 Malangas 2 4 3 0 1 1 11 Bacao 0 2 0 0 1 0 3 Camanga 0 0 0 0 0 0 0 Catituan 1 1 3 0 0 1 6 Lipacan 1 0 0 0 0 0 1 Logpond 0 1 0 0 0 0 1 Payag 0 0 0 0 0 0 0 Poblacion 0 0 0 0 0 0 0 Sinusayan 0 0 0 0 0 0 0 Tackling 0 0 0 0 0 0 0 Tigabon 0 0 0 0 0 0 0 TOTAL 5 18 3 1 4 1 32 % 16 56 9 3 13 3 100 *based on 32 interviewed AHs with agricultural land loss (farmers)

212. About 69% of AHs said they plan to improve on existing activity; 25% will start a new activity; 3% are not interested in availing any agricultural support and another 3% did not respond.

Table 76: Agricultural Extension Support Improve Municipality/ Start new existing Not interested No response Total Barangay activity activity Alicia 16 5 0 0 21 Alegria 0 0 0 0 0

121

Bella 9 4 0 0 13 Ilisan 6 1 0 0 7 Lapirawan 1 0 0 0 1 Malangas 6 3 1 1 11 Bacao 2 1 0 0 3 Camanga 0 0 0 0 0 Catituan 2 2 1 1 6 Lipacan 1 0 0 0 1 Logpond 1 0 0 0 1 Payag 0 0 0 0 0 Poblacion 0 0 0 0 0 Sinusayan 0 0 0 0 0 Tackling 0 0 0 0 0 Tigabon 0 0 0 0 0 TOTAL 22 8 1 1 32 % 69 25 3 3 100 *based on 32 interviewed AHs with agricultural land loss (farmers)

213. Areas of interest in agricultural extension spread across the following types: Crop cultivation (44%); Fruit tree cultivation (23%); Aquaculture (15%); Animal husbandry (13%); Crop/fruit processing (3%). About 3% have no response.

Table 77: Agricultural Extension Area of Interest Municipality/ Fruit tree Crop Animal Crop/fruit No Aquaculture Total Barangay cultivation cultivation husbandry processing response Alicia 8 11 3 5 1 0 28 Alegria 0 0 0 0 0 0 0 Bella 6 5 3 2 1 0 17 Ilisan 2 5 0 3 0 0 10 Lapirawan 0 1 0 0 0 0 1 Malangas 1 6 2 1 0 1 11 Bacao 1 2 0 0 0 0 3 Camanga 0 0 0 0 0 0 0 Catituan 0 2 2 1 0 1 6 Lipacan 0 1 0 0 0 0 1 Logpond 0 1 0 0 0 0 1 Payag 0 0 0 0 0 0 0 Poblacion 0 0 0 0 0 0 0 Sinusayan 0 0 0 0 0 0 0 Tackling 0 0 0 0 0 0 0 Tigabon 0 0 0 0 0 0 0 TOTAL 9 17 5 6 1 1 39 % 23 44 13 15 3 3 100

122

*based on 32 interviewed AHs with agricultural land loss (farmers); with multiple responses

4. Vulnerable AHs

214. The main sources of income for 120 AHs who are vulnerable are spread across these types: farming (57%); small business (22%); regular hired labor (4%); seasonal hired labor (5%); waged-employment (4%); assistance from extended family (3%) and with no response (5%).

Table 78: Main Source of Income Assistance Hired Hired Waged No Municipality Small from Farming labour labour employ- respo- Total / Barangay business extended (regular) (seasonal) ment nse family Alicia 14 2 11 2 0 1 2 32 Alegria 3 0 1 0 0 0 0 4 Bella 7 1 8 2 0 1 1 20 Ilisan 2 0 2 0 0 0 0 4 Lapirawan 2 1 0 0 0 0 1 4 Malangas 54 3 15 4 5 3 4 88 Bacao 6 1 0 0 0 0 1 8 Camanga 14 0 3 2 3 1 0 23 Catituan 1 0 0 0 0 0 0 1 Lipacan 8 0 1 1 0 0 1 11 Logpond 1 0 0 0 0 0 0 1 Payag 2 1 1 0 0 1 0 5 Poblacion 2 0 3 0 2 1 0 8 Sinusayan 4 1 4 0 0 0 1 10 Tackling 16 0 3 1 0 0 1 21 Tigabon 0 0 0 0 0 0 0 0 TOTAL 68 5 26 6 5 4 6 120 % 57 4 22 5 4 3 5 100 *based on 120 interviewed vulnerable AHs

215. When asked about their intentions for livelihood restoration, 30% of AHs said they will improve on an existing vocation/small business that they presently do; about 29% will start a new vocation/small business; 13% will provide opportunity for another household member who is not currently working; 14% AHs said they do not know yet; 8% AHs said they will seek employment; 5% AHs with no response; and 1%AHs others.

123

Table 79: Vulnerable AHs Livelihood Restoration Intentions Provide opportunity for Start a Improve an another new Seek Don’t No Municipality/ existing vocation/ household vocation/ Other employ- know res- TOTAL small business Barangay member who is that I presently do small ment yet ponse not currently business working Alicia 14 3 7 1 1 4 2 32 Alegria 1 0 2 0 0 1 0 4 Bella 8 3 4 1 1 2 1 20 Ilisan 3 0 0 0 0 1 0 4 Lapirawan 2 0 1 0 0 0 1 4 Malangas 22 13 28 0 8 13 4 88 Bacao 2 3 1 0 0 1 1 8 Camanga 6 1 11 0 2 3 0 23 Catituan 0 1 0 0 0 0 0 1 Lipacan 3 0 3 0 0 4 1 11 Logpond 0 0 1 0 0 0 0 1 Payag 1 2 0 0 1 1 0 5 Poblacion 3 2 0 0 2 1 0 8 Sinusayan 4 1 2 0 0 2 1 10 Tackling 3 3 10 0 3 1 1 21 Tigabon 0 0 0 0 0 0 0 0 TOTAL 36 16 35 1 9 17 6 120 % 30 13 29 1 8 14 5 100 *based on 120 interviewed vulnerable AHs

216. Forms of Assistance. About 47% of 191 AHs are interested in vocational training. About 12% expressed interest in entrepreneurial training; 6% will apply for soft loan; 11% are interested in agricultural extension service; 5% want to engage in project construction work; 4% want other forms of assistance; 15% did not want any and 1% no response.

Table 80: Forms of Assistance

Municipality/

Barangay

work

Total

None

Others

Project

service

training

support

softloan

Applyfor

extension

Vocational ial training

Agricultural

No response No

construction Entrepreneur

Alicia 34 12 7 14 8 7 3 1 86 Alegria 3 1 0 2 1 0 0 0 7 Bella 25 7 3 5 5 3 2 1 51 Ilisan 4 2 3 5 2 3 1 0 20 Lapirawan 2 2 1 2 0 1 0 0 8 Malangas 71 15 6 10 3 2 30 1 138 Bacao 8 3 0 0 0 0 2 0 13

124

Camanga 20 2 0 3 0 0 8 0 33 Catituan 2 1 1 0 1 0 3 1 9 Lipacan 8 1 0 1 0 1 4 0 15 Logpond 2 2 0 0 1 0 2 0 7 Payag 4 0 0 0 0 0 2 0 6 Poblacion 9 1 0 0 0 0 1 0 11 Sinusayan 9 2 4 1 0 1 0 0 17 Tackling 9 3 1 5 1 0 8 0 27 Tigabon 0 0 0 0 0 0 0 0 0 TOTAL 105 27 13 24 11 9 33 2 224 % 47 12 6 11 5 4 15 1 100 *based on 191 interviewed AHs with multiple responses

217. Entrepreneurial/vocational skills training. About 47% of AHs who are LRP eligible have expressed interest in entrepreneurial/vocational training for themselves while 33% have selected instead the training of a family member; 19% said they are not interested in any entrepreneurial/vocational skills training while 1% with no response. For those who have chosen training for themselves, 23% AHs chose Entrepreneurial/vocational skills to help them do something different; 13% AHs selected Entrepreneurial/vocational skills to help them improve their businesses; and 10% AHs picked agricultural extension support to improve their farms/animal husbandry. For the skills training of a family member, 16% of AHs chose entrepreneurial/vocational skills to help them do something different; 13% picked entrepreneurial/vocational skills to help them improve their businesses; and 4% selected agricultural extension support to improve their farms/animal husbandry.

125

Table 81: Entrepreneurial/vocational Skills Training Not interested in Interested in Interested in entrepreneurial/vocational entrepreneurial/vocational skills entrepreneurial/vocational skills skills training (Main training for myself training for family member

reason)

Municipality/

Barangay my mprove

Total

total total total

- - -

me response No

different different

business business

Sub Sub Sub

husbandry husbandry

nothing of interest to to interest of nothing

Don't need Don't

Entrepreneurial/vocational Entrepreneurial/vocational Entrepreneurial/vocational Entrepreneurial/vocational Entrepreneurial/vocational

don’ to time attend t have

to improve my farm/animal farm/animal my to improve farm/animal my to improve

skills to help me improve my my me improve to help skills me i to help skills

Agricultural extension support support extension Agricultural support extension Agricultural I but useful, be would it I think

skills to help me do something something me do to help skills something me do to help skills There’ s

Alicia 9 18 11 38 10 12 3 25 12 1 0 13 3 79 Alegria 2 0 1 3 0 1 1 2 1 0 0 1 0 6 Bella 6 15 4 25 6 10 0 16 8 1 0 9 1 51 Ilisan 1 2 4 7 2 0 2 4 3 0 0 3 1 15 Lapirawan 0 1 2 3 2 1 0 3 0 0 0 0 1 7 Malangas 20 32 11 63 19 23 5 47 15 7 5 27 0 137 Bacao 2 3 1 6 5 1 0 6 1 0 0 1 0 13 Camanga 7 8 1 16 6 7 0 13 3 5 0 8 0 37 Catituan 0 2 2 4 0 0 1 1 3 0 0 3 0 8 Lipacan 1 3 4 8 0 3 1 4 0 0 3 3 0 15 Logpond 2 2 0 4 1 0 0 1 1 0 0 1 0 6 Payag 1 2 0 3 1 0 1 2 1 0 0 1 0 6 Poblacion 2 1 1 4 3 2 0 5 1 0 0 1 0 10 Sinusayan 1 2 1 4 3 5 0 8 2 0 0 2 0 14 Tackling 4 9 1 14 0 5 2 7 3 2 2 7 0 28 Tigabon 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 29 50 22 101 29 35 8 72 27 8 5 40 3 216 % 13 23 10 47 13 16 4 33 13 4 2 19 1 100 *based on 191 interviewed AHs with multiple responses

218. Interest in Specific Training. When asked about the specific training they are interested in, the LRP eligible AHs have indicated the following choices: Cooking Culinary (15% ); Automotive (8%); Sewing/Tailoring (4%); Welding (3% AHs); Carpentry/Construction (2%); Computer Literacy (2%); Driving (2%); and Others (9%).Majority of AHs account for those with no response (54%).

126

Table 82: Interest in Specific Training

Municipality/

Barangay

Total

Others

Driving

Sewing/

Literacy

Welding

Culinary

Tailoring

Cooking/

None/ No

response

Computer

Carpentry/

Automotive Construction

Alicia 8 2 4 10 1 3 3 2 42 75 Alegria 0 0 0 1 0 1 0 0 3 5 Bella 7 1 4 6 1 2 1 1 27 50 Ilisan 1 0 0 1 0 0 1 1 10 14 Lapirawan 0 1 0 2 0 0 1 0 2 6 Malangas 9 3 1 21 4 5 4 16 70 133 Bacao 1 1 0 1 0 1 1 0 7 12 Camanga 3 0 0 8 0 0 1 2 19 33 Catituan 0 0 0 0 0 0 0 0 7 7 Lipacan 1 0 0 1 1 1 0 3 9 16 Logpond 0 0 0 1 0 0 0 2 3 6 Payag 0 1 0 1 0 0 0 1 3 6 Poblacion 1 0 1 2 1 0 0 0 5 10 Sinusayan 1 1 0 2 1 3 1 2 3 14 Tackling 2 0 0 5 1 0 1 6 14 29 Tigabon 0 0 0 0 0 0 0 0 0 0 TOTAL 17 5 5 31 5 8 7 18 112 208 % 8 2 2 15 2 4 3 9 54 100 *based on 191 interviewed AHs with multiple responses

219. Other Trainings. When asked if there is any training, AHs would be interested in to restore or improve their family's livelihood but did not hear any information during the consultations, about 15% said yes and the majority (85% AHs) with no response. For those AHs who said yes to have other trainings, their choices were: Automotive (2%); Business management (5%); Carpentry/Construction (1%); Computer Literacy (1%); Cooking/culinary (5%); Driving (1%); Electronics (1% AHs); Sewing/Tailoring (1% AHs) and Welding (1%). Table 83: Agricultural Extension

Yes

Municipality/ total

Barangay -

Total

None/ No

response

Driving

Literacy

Welding

Culinary

Cooking/ Cooking/

Sub

Business Business

Computer Computer

Carpentry/ Carpentry/

Electronics

Automotive

Construction

Management Sewing/Tailoring

Alicia 2 4 1 1 3 0 0 1 1 13 56 69 Alegria 0 0 0 0 0 0 0 1 0 1 4 5 Bella 1 4 0 1 2 0 0 0 0 8 36 44 Ilisan 1 0 0 0 0 0 0 0 1 2 12 14 Lapirawan 0 0 1 0 1 0 0 0 0 2 4 6

127

Malangas 1 6 0 0 6 1 1 1 1 17 108 125 Bacao 0 1 0 0 0 0 0 0 1 2 11 13 Camanga 0 1 0 0 2 0 0 0 0 3 30 33 Catituan 0 0 0 0 0 0 0 0 0 0 7 7 Lipacan 0 0 0 0 1 0 0 0 0 1 13 14 Logpond 0 0 0 0 0 0 0 0 0 0 6 6 Payag 0 0 0 0 0 0 0 0 0 0 6 6 Poblacion 1 0 0 0 2 0 0 0 0 3 7 10 Sinusayan 0 0 0 0 0 1 1 0 0 2 9 11 Tackling 0 4 0 0 1 0 0 1 0 6 19 25 Tigabon 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 3 10 1 1 9 1 1 2 2 30 164 194 % 2 5 1 1 5 1 1 1 1 15 85 100 *based on 191 interviewed AHs with multiple responses

D. Available Programs and Support in the Project Area

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

221. The Municipality of Malangas has several training courses that were conducted from 2017- 2019 namely: Food processing cake making, small engine servicing, plumbing (DOLE-PESO); Latex Processing and cum production; Financial literacy training, Fund management and simple bookkeeping; Livestock and poultry, para-technician and rice productions (DA); Food processing, motorcycle/small engine servicing, housekeeping, masonry with steel works and carpentry, process food by salting, curing, smoking and fermentation and pickling, basic skills for cooking and techniques for food preparation electrical installation and maintenance, basic plumbing works and basic technique on tiles installation, see-weeds faming, production and trading, mini grocery store, grocery items dealer, buy and sell of dried see-weeds, copra and rice, welding, driving with automotive, balloon arts and table skirting (MWSD). See table below for the list of skills and livelihood training.

Table 84: Skills and Livelihood Training (Municipality of Malangas)

BARANGAY TYPE OF SKILLS/LIVELIHOOD TRAINING FUNDED BY

Banana Production (Cardava) LGU-GAD Duck Layer (Itik) Project DSWD-SLP Rice and Corn Mill MSWD Bacao Hand Tractor/Corn Sheller, Rice and Corn seeds DA Mangrove Nursery BFAR Fiberglass Boat BFAR Agrivet Supply DSWD-SLP

128

BARANGAY TYPE OF SKILLS/LIVELIHOOD TRAINING FUNDED BY

Corn Buy & Sell DSWD-SLP Food Processing DSWD-SLP Small Engine Training with starter kit DSWD-SLP Inland Tilapia Production LGU-GAD Rice Model Farm DA Basak-Bawang Rice and Corn Mill DA Carabao Cattle dispersal DA Rice, Corn and vegetable seeds DA Banana Production (Cardava) LGU-GAD Corn Mill DSWD-SLP Buntong Rubber Production DA Rice, Corn and vegetable seeds DA Multi-purpose Drying Pavement DA Swine Raising (dispersal of starter piglets LGU-GAD Small Business DSWD-SLP Rice and Corn Seeds DA Livestock Production PCA Coffee and Cacao Production PCA Camanga Coco-based Machinery PCA Poultry Multiplier DA Seed Bodega DA Small Engine Training with starter kit DSWD-SLP Food Processing DSWD-SLP Swine Raising (dispersal of starter piglets LGU-GAD Candiis Mudboat and Thresher DA Rice, Corn and vegetable seeds DA Duck Layer (Itik) Project LGU-GAD Rice and Corn Seeds DA Catituan Small Water Impounding Project DA Small Irrigation Project NIA Small Engine Training with starter kit DSWD-SLP Virgin Coconut Oil and Coco Rope Making LGU-GAD Crab fattening DENR Dansulao Mangrove Rehabilitation DENR Compact Corn Mill DA Cattle Dispersal DA Del Pilar Swine Fattening LGU-GAD Inland Tilapia Production LGU-GAD Guilawa Irrigation System NIA Guilawa Cattle Dispersal DA Rice, Corn and vegetable seeds DA Rice, Corn and vegetable seeds DA Duck Layer (Itik) Project LGU-GAD Seaweed Production BFAR Kigay Crab Prot and Seaweed Nursery CITI Seaweed Production BFAR

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BARANGAY TYPE OF SKILLS/LIVELIHOOD TRAINING FUNDED BY

Fish Cage CITI Seaweeds Nursery BFAR Ladel Irrigation System NIA La Dicha Rice, Corn and vegetable seeds DA Capital Build-up for Food Processing LGU-GAD Duck Layer (Itik) Project LGU-GAD Food Processing DSWD-SLP Small Engine Training with starter kit DSWD-SLP Electrical Training with starter kit DSWD-SLP Rice Model Farm DA Lipacan Small Irrigation System NIA Rice Seeds DA Food Processing DSWD-SLP Food Processing DSWD-SLP Small Engine Training with starter kit DSWD-SLP Electrical Training with starter kit DSWD-SLP Duck Layer (Itik) Project LGU-GAD Agrivet Supply DSWD-SLP Crab Pot, Patuloy BFAR Logpond Farm Machineries DA Corn and Rice Seeds DA National Greening Program DENR Bigasan LGU-GAD Banana Production LGU-GAD Talaba Production BFAR Mabini Rice and Corn Seeds DA Post-Harvest Facilities DA Production of Various Farm Commodity (Gardening) LGU-GAD Pump Irrigation on open source DA Malongon Carabao Dispersal DA National Greening Program DENR Rice and Corn and vegetable seeds DA Small Engine Training with starter kit DSWD-SLP Farm Inputs Supply LGU-GAD Molom Bigasan DOLE Rice, Corn and vegetable seeds DA Duck Layer (Itik) Project LGU-GAD Overland National Greening Program DENR Rice, Corn and vegetable seeds DA Cattle Fattening Dispersal DA Palalian Rice and Corn Mill DSWD Augmentation of Swine Dispersal Project LGU-GAD Small Engine Training with starter kit DSWD-SLP Payag Rice and Corn Seeds DA National Greening Program DENR Food Processing DSWD-SLP

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BARANGAY TYPE OF SKILLS/LIVELIHOOD TRAINING FUNDED BY

Poblacion Duck Layer (Itik) Project LGU-GAD Cattle Fattening Dispersal LGU-GAD Cacao Production MEFAMCO Rebocon National Greening Program DENR Cattle Fattening Dispersal DA Corn Sheller and Compact Corn Mill DA Cattle Fattening Dispersal LGU-GAD Small Engine Training with starter kit DSWD-SLP San Vicente Food Processing DSWD-SLP Rice, Corn and vegetable seeds DA Duck Layer (Itik) Project LGU-GAD Food Processing DSWD-SLP Sinusayan Electrical Training with starter kit DSWD-SLP Small Engine Training with starter kit DSWD-SLP Rubber Production DA Dressmaking/Tailoring Project-Livelihood Project LGU-GAD Food Processing DSWD-SLP Farm Multiplier DA Tackling Rice Model Farm DA National Greening Program DENR Small Engine Training with starter kit DSWD-SLP Electrical Training with starter kit DSWD-SLP Duck Layer (Itik) Project LGU-GAD Food Processing DSWD-SLP Electrical Training with starter kit DSWD-SLP Tigabon Rice and Corn Seeds DA Electrical Training with starter kit DSWD-SLP Housekeeping DSWD-SLP Source: MPDO, Municipality of Malangas

222. The Municipality of Alicia on the other hand has also a long list of skills and livelihood projects implemented since 2017, namely: banana production, duck layer(itik) project, rice and corn mill, mangrove nursery, fiberglass boat, food processing, tilapia inland production carabao cattle dispersal, rubber production, swine raising, livestock production, rice, corn and vegetable seeds, small water impounding project, virgin coconut oil and coco rope making, crab fattening, mangrove rehabilitation, electrical training, talaba (oyster) production, cacao production, and housekeeping, to name a few (See Table 86). Table 85: Skills and Livelihood Training (Municipality of Alicia) NO. OF YEAR TYPE OF SKILLS/ LIVELIHOOD TRAINING FUNDED BY PARTICIPANTS 2016 Latex Processing Cum Production DA 80 2017 Financial Literacy Training DA 100 2017 Fund Management and Simple Bookeeping Workshop BFAR-BUB 40 2017 Food Processing NC II DSWD 194 2017 Motorcycle/Small Engine Servicing NC II DSWD 220

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2017 Housekeeping NC-II DSWD 30 2017 Masonry NC-II with Steelworks and Carpentry DSWD 55 2017 Electrical Installation and Maintenance NC-II DSWD 95 Process Food by Salting, Curing, Smoking, Fermentation 2017 DSWD 75 & Pickling Basic Skills for Cooking and Techniques for Food 2017 DSWD 95 Preparation 2017 Seaweeds Production DSWD 90 2017 Seaweeds Farming and Trading DSWD 51 2017 Buy and Sell of Agricultural Supply DSWD 57 2017 Mini Grocery Store DSWD 49 2017 Grocery Item Dealer DSWD 30

2017 Buy and Sell of Dried Seaweeds, Copra and Rice DSWD 50

2018 Basic Plumbing Works DSWD 65 2018 Basic Techniques on Tiles Installation DSWD 65 2018 Welding (SMAW) NC-II DSWD 30 2018 Driving NC-II with Automotive DSWD 30 2018 Balloon Arts LGU 50 2018 Table Skirting LGU 50 2019 Livestock & Poultry Paratechnician Training PROVIT 30 2019 Rice Production Technology ATI 35 Source: PESO, MA, MSWDO, Municipality of Alicia

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

224. Several skills training funded and implemented under DSWD SLP from 2017-19 in Alicia and Malangas, Zamboanga Sibugay include: Egg and balot production, rice and corn trading, swine production, agar-agar (seaweed) farming, crab fattening, motorcycle parts supply/washing and vulcanizing service, motorcycle parts supply/washing and vulcanizing services and small ruminants (goat) productions, among others The complete list of SLP projects carried out in Alicia and Malangas, together with the rest of municipalities for the province of Zamboanga Sibugay is shown in Appendix 16: DSWD SLP LGU Skills and Livelihood Training.

E. Description of LRP Program Activities

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

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

227. Other necessary tasks required to effectively implement the LRP activities include:

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

228. There are households who wish to venture into small business or services. These included shops to sell their own products, groceries or service stalls (e.g., barber’s shop). DPWH will secure agreement from the vocational school(s) to provide technical advice, conduct specific trainings on entrepreneurship and carry out some pilot models on small business/services. Households will also be made aware of what to look into such as the right products, market situation, competition, amount of investments and potential profit, and risks involved.

F. LRP Management and Implementation

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

230. DPWH has the overall responsibility for the implementation of the LRP. Specific to LRP activities, its roles are: to provide timely funds for conducting the agreed LRP activities; closely collaborate with local authorities, service providers (such as training institutions) during LRP implementation; and prepare semi-annual monitoring reports to be submitted to ADB.

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

232. Project Supervision Consultants. The social safeguards specialist of the PSC will work closely with the DPWH and LGU to provide guidance and support on the LRP implementation. He/she will support DPWH in internal monitoring and review. 233. A summary of responsibilities to implement key LRP activities is presented below:

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Table 86: Activities and Responsible Entities ACTIVITY RESPONSIBLE • Creation of database of interested eligible Project Supervision Consultant households to reflect qualifications, job experience, skills and desired occupation. • Close coordination and establish linkages LGU, Project Supervision Consultant with the project contractors and consultants to recruit local laborers, especially the affected households, on a priority basis. • Establish and maintain linkages with training LGU, Project Supervision Consultant institutions for training of the affected household members to qualify for desired job positions. • Technical Advice and Pilot Models on Small LGU, Service Provider (engaged by Business/Service DPWH)

G. LRP Cost Estimates

234. The investment cost for the income restoration programs will be provided by DPWH directly to the concerned MRIC. LRP assistance shall be in the form of skills training and other development activities with the value of up to PhP15, 000 per AHs. Estimated cost to implement the initial LRP is about PhP5, 346, 000 (USD102, 424) for the 324 AHs requiring LRP assistance. (Appendix 17: List of LRP Eligible APs)

Table 87: Skills and Livelihood Training (Municipality of Alicia) Unit Total amount (PhP) No. Activity Unit Quantity Price PhP USD A. Entrepreneurial and Vocational Training Courses Automotive, business management, cooking, 1 trainee 276 15,000 4,140,000 79,318 driving, personal, techinical, etc. B. Others Other trainings/courses (include APs who were not 2 trainee 48 15,000 720,000 13,794 surveyed) TOTAL 324 15000 4,860,000 93,112 Contingency budget of 10% 486,000 9,311 GRAND TOTAL 5,346,000 102,424

H. LRP Implementation Schedule

235. The LRP will be implemented for a period of 2 years. The households have been identified and the list of households may change depending on the final commitment of households to participate. The schedule proposed below is designed for one production cycle to be implemented within 1 year. Evaluation of the pilot activities will be carried out on the 12th month and will again carry out another cycle of planning for the 2nd year depending on the success and

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

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Table 88: LRP Implementation Schedule

Year I Year II Activities month month month month month month 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 I. Preparation A. DPWH and LGU sign MOUs with national agencies, vocational schools, training institutions, farmer associations among others, on implementation of LRP activities B. Consultation with APs to re-identify the number of trainees C. Workshop to start up LRP, start training on implementing the LRP activities D. Technical training on agricultural/animal husbandry and related activities II. LRP Implementation A. Vocational training and job creating a.1 Send APs to vocational school, provide consultation on trainings, job creating, monitoring and evaluation a.2 Job announcement and bulletin boards a.3 Create linkages, sign MOUs with local businesses to introduce trained people

B. Small business models, experience sharing

b.1 Organize course of "Start your own business" b.2 Conduct small business/service models C. Agricultural pilot models c.1 Conduct pilot models c.2 Study tours to visit successful production models

c.3 Workshop for lessons learnt, dissemination of results

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I. Monitoring and Evaluation

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

237. External Monitoring. A qualified NGO as an external monitoring agency (EMA) will be hired by DPWH to monitor and evaluate the effectiveness of the LRP. This agency will develop a set of evaluation indicators for this purpose. The EMA's monitoring reports will provide DPWH a time-bound action plan which will cover identification of problems, issues and recommended solutions, so that DPWH and the LRP Team are informed about the ongoing situation and can improve or resolve problems in timely manner. One year after the end of LRP implementation, a post project evaluation will be conducted to determine if the APs had successfully restored their livelihood/income to at least their pre-project socio-economic conditions.

137 X. RIPP BUDGET

238. The budget for RIPP Implementation of PR06, Alicia-Malangas Road is PhP 158,565,940 (approx. USD 3,037,953) and is part of government counterpart. The budget items cover (i) compensation for loss of land, structures, trees, crops and other entitlements (ii) livelihood restoration program (iii) relocation and resettlement; transitional allowance; (iv) administrative cost; (v) external monitoring; and (vi) contingencies.

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

240. The budget for RIPP implementation was updated based on DPWH validation for loss of land, structures, crops and trees for PR06. (Appendix 18: Entitlement Matrix for Affected Structures, Improvements, Lots, Crops and Trees within 20 meters ROW limit). The table below shows the details of the budget to implement this RIPP. Table 89: Budget for RIPP Implementation Unit Amount Amount Kind of affected assets Unit Total Price (PhP) (USD) 1. Land (114HHs)

1.1 Agricultural (95 HHs) m² 261,800 24,611,909 471,538

1.2 Residential (19HHs) m² 93,319 8,232,825 157,732

Subtotal 32,844,734 629,270 2. Structures (330 HHs)

2.1 Purely residential # 226 40,682,163 779,426

2.2 Residential commercial # 44 9,704,988 185,937

2.3 Commercial (sari-sari store, etc.) # 81 4,409,527 84,482 Basketball/covered court, gymnasium, 2.4 # 2 etc. 3,439,198 65,891

2.5 Bench, canal, plant box, stairs, etc. # 17 137,042 2,626

2.6 Billboard, directory, signage, etc. # 31 211,932 4,060 Billiard, car wash, laundry, videoke 2.7 # 2 area 8,033 154 Burner, dryer, cage, fish pond, pigpen, 2.8 # 28 etc. 930,363 17,825

2.9 Chapel, church, mosque # 3 767,840 14,711

2.10 Cottage, resthouse, nipa hut # 3 47,628 912 Daycare, health, nutrition, training 2.11 # 2 center 376,162 7,207

2.12 Deep well, faucet, pump, etc. # 26 268,214 5,139

2.13 Driveway, garage, parking, etc. # 7 154,369 2,958

2.14 Extension/under construction, etc. # 7 331,372 6,349

2.15 Fence, gate, wall # 82 2,172,371 41,620 Flag pole, Grotto, school classroom, 2.16 # 1 stage, etc. 236,634 4,534

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2.17 Pathway, pavement, etc. # 40 1,303,800 24,979

2.18 Post (electrical, lamp, solar) # 34 225,534 4,321

2.19 Shed/waiting area # 37 867,954 16,629

2.20 Storage/warehouse # 10 1,117,973 21,419

2.21 Toilet/septic tank # 20 429,810 8,235

2.22 Water meter/tank # 11 328,642 6,296 Others (barangay, coast guard, market, 2.23 # 10 TODA, etc.) 1,372,868 26,303

69,524,417 1,332,013 3. Trees & Crops

3.1 Trees (122 HHs) # 5,647 3,206,358 61,430

3.2 Crops (131 HHs) m² 99,969 12,011,229 230,122

Subtotal 15,217,587 291,553 4. Other Entitlements

4.1 Inconvenience Allowance hh 256 10,000 2,560,000 49,047 Transportation Allowance or 4.2 hh 132 5,000 Assistance 5,132 98

Subtotal 2,565,132 49,145 5. Other Assistance

5.1 Capital Gains Tax (6%) 1,970,684 37,756

5.2 Documentary Stamp Tax (1.5%) 492,671 9,439

5.3 Transfer Tax (75% of 1% of the Selling Price) 246,336 4,720

5.4 Cost of Registration (PhP40,000/transaction) 5,600,000 107,290

5.5 Notarization Cost (PhP100/transaction) 12,300 236

Subtotal 8,321,991 159,440 6. Livelihood Restoration Program Skills Training and Development 6.1 hh 324 15,000 Activities 4,860,000 93,112

Subtotal 4,860,000 93,112 7. Relocation and Resettlement

7.1 Site Development (54 HHs) 3,680,000 70,505

Subtotal 3,680,000 70,505

RIPP Administrative Costs (5% of Direct Costs: 1-6) 6,850,693 131,252

External Monitoring (Php1,000,000 per SP) 1,000,000 19,159

Cost contingencies (10% of Direct Costs: 1-6) 13,701,386 262,504

GRAND TOTAL 158,565,940 3,037,953

139 XI. INSTITUTIONAL ARRANGEMENTS

A. Institutional Arrangements

1. National Level

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

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

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

244. Environmental and Social Services Division, DPWH the ESSD shall provide technical guidance and support in the implementation and monitoring of the social safeguards document/plan. They are tasked to:

(i) carry out overall preparation and planning of the RIPP; (ii) submit social safeguards document/plan budget plans (to include compensation, relocation costs, operations) for approval and allocation of needed resources by the DPWH central office; (iii) in accordance with the Department's resettlement policies, guide the District Engineering Offices and the Regional Offices in their tasks, such as the verification of APs, final inventory of affected assets, consultation, and information dissemination; (iv) amend or complement the RIPP in case problems or potential problems are identified during the internal and/or external monitoring of its implementation; (v) in collaboration with its counterpart in the Region, work closely with the DPWH RO on the processing of compensation claims of APs; (vi) in collaboration with UPMO, monitor the progress of compensation payment to APs and other resettlement-related activities stated in the RIPP; and; (vii) In collaboration with its regional counterpart, prepare quarterly monitoring reports on social safeguards document/plan implementation for submission to the UPMO and ADB. (viii) For uploading the RIPP, the DEO with assistance of the RIC shall conduct inventory of loss and socio-economic surveys validation for submission the UPMO and ADB.

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(ix) Provide RIPP orientation to DPWH RO and DEO Team and RIC to strengthen the social, legal, and technical capabilities of these resettlement implementing entities. (x) Assist the RIC in community awareness raising activities for the RIPP implementation.

2. Site Level

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

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

3. Interagency Coordination

247. Resettlement Implementation Committee. It shall be composed of representatives from the RO and DEO, the City/Municipal, the NCIP provincial and/or regional office, affected barangays, and APs with separate representation for IP/ICC communities affected by the project. Selection of these ICC/IP representatives shall follow the procedures of the NCIP. Its functions are:

(i) Assist the DPWH staff engaged in resettlement activities in (a) validating the list of APs; (b) validating the assets of the APs that will be affected by the project (using a prepared compensation form); and (c) monitoring and implementing the RIPP; (ii) Assist the DPWH and NCIP staff in identifying who among the APs are IPs or belong to ICCs. (iii) Assist the DPWH and staff engaged in the RIPP activities in the public information campaign, public participation and consultation. (iv) Assist DPWH in the payment of compensation to APs; (v) Receive complaints and grievances from APs and other stakeholders and act accordingly; (vi) Maintain a record of all public meetings, complaints, and actions taken to address complaints and grievances; and (vii) In coordination with concerned government authorities, assist in the enforcement of laws/ordinances regarding encroachment into the project site or RRoW.

248. The Municipal RIC shall be formed through a Memorandum of Understanding (MOU) between DPWH, the concerned local government unit, with the NCIP Provincial or Regional Office. (Appendix 19: MOU and Pertinent Documents).

249. National Commission on Indigenous Peoples (NCIP). The NCIP is the primary government agency through which ICCs/lPs can seek government assistance. The IPRA

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

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

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

252. National Housing Authority. NHA is tasked with the development of shelters/housing for relocation. Per RA 7279, NHA upon request of local government units, shall provide technical and other forms of assistance in the implementation of their respective urban development and housing programs with the objective of augmenting and enhancing local government capabilities in the provision of housing benefits to their constituents. The local government unit, in coordination with the National Housing Authority (NHA), shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families.

B. Capacity Building

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

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

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XII. IMPLEMENTATION SCHEDULE OF THE RIPP

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

143 Table 90: RIPP Implementation Schedule

Period 2018 2019 2020 2021 2022 Activity Responsible Agency (Duration) Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 I. Project Implementation Construction Contractor 30 Months II. Preparation of RIPP Implementation RIPP Field Survey DPWH 8 Months (Parcellary, IOL, SES, DMS) Finalization of DPWH 1 Month RIPP Review of RIPP ADB 1 Month III. RIPP Implementing Institution Formation of DPWH, LGU 1 Week MRIC Coordination of sending LGUs, MRIC members regarding DPWH, LGU 1 Week resettlement scope and schedule Set up and Operationof Grievance DPWH, LGU 1 Week Redress Mechanism IV. Land Acquisition Validation of RIPP survey DPWH 5 Months (land,

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structures, trees and crops) Notice of Taking DPWH 1 Week Issuance Appraisal of Affected IPA-KEI 1 Week Properties Issuance of DPWH 1 Week Offer Letter Payments of Compensation DPWH 1 month and other assistance Clearance of 1 Month ROW by PAPs V. Relocation Arrangement between the LGU 1 week LGUs and PAPs Relocation Site LGU 1 month Identification Provision of rental Subsidy if DPWH 1 month the housing is not ready Payment of Compensation DPWH 1 month and other forms of assistance VI. Provision of Social Program Formation of DPWH, LGU, Committee on 1 Week TESDA/DOLE Livelihood Coordination and MOA with DPWH, LGU, 1 Week relevant TESDA/DOLE agencies on

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provision of Livelihood Implementation of Livelihood DPWH, LGU, 1 Month Restoration TESDA/DOLE Program Monitoring of Livelihood DPWH, LGU, 6 Months Restoration TESDA/DOLE Program V. Monitoring of RIPP Implementation Set up Monitoring Agents Internal ESSD intermittent Monitoring External EMA intermittent Monitoring

146 XIII. MONITORING AND EVALUATION

A. Monitoring Arrangements

256. As this project is category A for involuntary resettlement, there will be two types of monitoring for this project: internal and external monitoring. In as much as this social safeguard plan is a combined IR-IP document, monitoring of IP safeguards will be subsumed in both internal and external monitoring. The UPMO in coordination with the ESSD shall set schedules for the required monitoring types considering the projects implementing schedule. It is expected that one month prior to the start of the civil works, RIPP activities have been determined by the independent monitoring agent (IMA) and external monitoring agent (EMA) as having been concluded. Key points for monitoring are provided, though not limited to these:

(i) Payment of compensation to all APs/IPs in various categories, according to the compensation policy described in the RIPP; (ii) Delivery of livelihood restoration and social support entitlements; (iii) Public information dissemination and consultation procedures; (iv) Adherence to grievance procedures and outstanding issues requiring management’s attention; (v) Priority of APs/IPs regarding the options offered; and (vi) The benefits provided from the project.

B. Internal Monitoring

257. The ESSD will serve as the Project's internal monitoring body on resettlement. Quarterly monitoring reports will be submitted to the UPMO starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. The UPMO in turn will submit the semi-annual monitoring reports to ADB for review and uploading on the ADB website.

258. Internal monitoring objectives are:

(i) Compensation and/or other entitlements are provided as per approved RIPP, with no discrimination per gender, vulnerability, or any other factors; (ii) Livelihood restoration measures/programs are designed and implemented including modifications in the programs and provision of additional cash and in- kind assistance to the participating affected households as and when necessary; (iii) Public information, public consultation and grievance redress procedures are followed as described in the agreed RIPP; (iv) Capacity of APs/IPs to restore/re-establish livelihoods and living standards in the new relocation sites. Special attention given to severely affected and vulnerable households. Focus will also be given to assess and if the objective of improving socio-economic condition of vulnerable households is achieved. (v) Affected public facilities and infrastructure are restored promptly; and (vi) The transition between resettlement and commencement of civil works is smooth and that sites are not handed over for civil works until affected households are satisfactorily compensated, assisted and relocated.

259. The tasks of the IMA are to:

(i) Regularly supervise and monitor the implementation of the RIPP, in coordination with the concerned DEO, RO, and the RIC. The findings will be documented in

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

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

Table 91: Suggested Internal Monitoring Indicators Monitoring Suggested indicators parameters Resettlement

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

Communications and • Number of general meetings for APs/IPs. Participation • Number of meetings exclusively with IPs. • Percentage of women out of total participants. • Number of meetings exclusively with women/IP women. • Number of meetings exclusively with vulnerable groups. • Number of meetings between hosts and the APs/IPs. • Level of participation in meetings APs/IPs. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages. Delivery of • Entitlements disbursed, compared with number and category of losses set out in Entitlements the entitlement matrix. • Disbursements against timelines. • Identification of APs/IPs losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, have been included. • Timely disbursements of the agreed transport costs, income substitution support, and any resettlement allowances, according to schedule. • Quality of new plots and issuance of land titles. • Restoration of social infrastructure and services. • Progress on income and livelihood restoration activities being implemented as set out in the livelihood restoration plan. • Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business.

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Monitoring Suggested indicators parameters Budget and Time • Social safeguards staff appointed and mobilized on schedule for field and office Frame work. • Capacity building and training activities completed on schedule. • Achieving resettlement and customary community implementation activities against the agreed implementation plan. • Funds allocation for resettlement-to-resettlement agencies on time. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the social safeguards documents/plans. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation.

Livelihood • Number of APs/IPs under the rehabilitation programs. Restoration • Number of APs/IPs who received vocational training. • Types of training and number of participants in each program. • Number of APs/IPs who have restored their income and livelihood patterns. • Number of new employment activities. • Extent of participation in rehabilitation programs. • Extent of participation in vocational training programs. • Degree of satisfaction with support received for livelihood programs. • Percentage of successful enterprises breaking even. • Percentage of APs/IPs who improved their income. • Percentage of APs/IPs who improved their standard of living. • Number of households with agricultural equipment • Number of households with livestock • Progress of income restoration implementation Benefit Monitoring • Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation. • Noticeable changes in income and expenditure patterns compared to the pre- project situation. • Changes in cost of living compared to the pre-project situation. • Changes in key social and cultural parameters relating to living standards. • Changes occurred on customary communities and other vulnerable groups benefiting from the project. • Progress of resettlement implementation IP/ICC

Demographic • The numbers of IPs/ICCs by category of impact, gender, age, village, income, and baseline status • Number of female headed households • Number of vulnerable households (poor, elderly, disabled) • Number of households by IP/ICC group • Number of births and deaths Consultation and • Number of consultation and participation activities that occur - meetings, participation information dissemination, brochures; flyers, training • Percentage of IP women as participants; number of meetings exclusively with IP women • Percentage of vulnerable members of IPs/ICCs / attending meetings; number of meetings exclusively with vulnerable IPs/ICCs • Languages used at meetings • Good faith negotiations—recording of process, participants, locations, correspondence • Broad community support—record of processes, participants, locations and agreement obtained • Consultation and participation progress against plan and budget Mitigation measures • Progress of implementation of mitigation / beneficial measures against plan Number of activities that occur/completed—such as construction, livelihood restoration, disbursements, training • Percentage progress against timelines and budget • Identify and address any unanticipated impacts and impacts caused by the contractor during construction. Grievance redress • Total number of members of IPs/ICCs using the grievance redress procedure

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Monitoring Suggested indicators parameters • Number of distinct IPs/ICCs - any of these with significantly more grievances • How many times has a household submitted the same grievance • Number of grievances resolved • Length of time taken to be resolved • Types of grievance categories and prevalence • Grievance cases logged in each level of project GRM Implementation • Identified delays - (days, cost) due to personnel, capacity, insufficient funds, etc problems • Number of times implementation schedule revised

C. External Monitoring

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

262. The tasks of the EMA are the following:

(i) Verify results of internal monitoring; (ii) Coordinate with the NCIP regarding the monitoring and evaluation of the situation of affected IP communities, whether inside or outside ancestral domains as covered in pertinent social safeguards documents/plans; (iii) Verify and assess the results of the information campaign for APs rights and entitlements, including the consultation with affected IPs living outside ancestral domain; (iv) Verify that the compensation process has been carried out with the procedures communicated with the APs and affected IPs during the consultations; (v) Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced; (vi) Assess efficiency, effectiveness, impact and sustainability of RIPP implementation drawing lessons as a guide to future resettlement and indigenous people’s policy making and planning; (vii) Ascertain whether the RIPP entitlements were appropriate to meet the objectives, and whether the objectives were suited to AP and to IP conditions; (viii) Suggest modification in the implementation procedures of the RIPP if necessary, to achieve the principles and objectives of the RIPF; (ix) Review on how compensation rates were evaluated; and (x) Review of the handling of compliance and grievances cases. 207. The services of the EMA will be procured through selection process of DPWH. Relative to compliance monitoring during resettlement implementation, the main activities of external monitoring will revolve around the following:

• Verify ongoing internal monitoring information; • Verify whether the overall project and resettlement objectives are being met in accordance with the RIPP, and if not, suggest corrective measures; • Assess the extent to which implementation of the social safeguards document/plan complies with ADB's SPS; • Identify problems or potential problems; • Identify methods of responding immediately to mitigate problems and advise the DPWH accordingly; and;

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• Verify if the livelihoods and the standard of living of APs, including those displaced persons with no legal titles, are restored or improved.

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

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

265. The suggested external monitoring indicators are shown in table below.

Table 92: External Monitoring

Monitoring Indicators Basis for Indicators

1. Basic information of • Location AP/IP households • Composition and structures, ages, education and skill levels • Gender of household head • Ethnic affiliation • Access to health, education, utilities and other social services • Housing type • Land use and other resource ownership patterns • Occupation and employment patterns • Income sources and levels • Agricultural production data (for rural households) • Participation in neighborhood or community groups • Access to cultural sites and events • Value of all assets forming entitlements and resettlement entitlements 2. Restoration of living • Were house compensation payments made free of depreciation, fees or standards transfer costs to the APs/IPs? • Have APs/IPs adopted the housing options developed? • Have perceptions of "community" been established? • Have APs/IPs achieved replacement of key social cultural elements? 3. Restoration of • Were compensation payments free of deduction for depreciation, fees or Livelihoods transfer costs to the APs/IPs? • Were compensation payments sufficient to replace lost assets? • Was sufficient replacement land available of suitable standard? • Did transfer and relocation payments cover these costs? • Did income substitution allow for re-establishment of enterprises and production? • Have enterprises affected received sufficient assistance to re-establish themselves? • Have vulnerable groups been provided income-earning opportunities? Are these effective and sustainable? • Do jobs provided restore pre-project income levels and living standards?

4. Levels of Satisfaction • How much do APs/IPs know about resettlement procedures and entitlements? • Do APs/IPs know their entitlements? • Do they know if these have been met? • How do APs/IPs assess the extent to which their own living standards and livelihood been restored? • How much do APs/IPs know about grievance procedures and conflict

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Monitoring Indicators Basis for Indicators

resolution procedures? How satisfied are those who have used said mechanisms?

5. Effectiveness of • Were the APs/IPs and their assets correctly enumerated? Resettlement Planning • Were any land speculators assisted? • Was the time frame and budget sufficient to meet objectives? • Were entitlements too generous? • Were vulnerable groups identified and assisted? • How did resettlement implementers deal with unforeseen problems? 6. Other impacts • Were there unintended environmental impacts? • Were there unintended impacts on employment or incomes?

266. Post Completion Evaluation. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities. For the post resettlement evaluation, the EMA will: a. Carry-out a survey of affected households to compare with the baseline survey data to assess if income of affected households and other living conditions have been restored as pre-project. The survey will cover at least 20% of severely affected households, 100% of affected poor, landless and female headed households, as well as at least 10% of all other affected households. The database will disaggregate information by gender, vulnerability, and ethnicity. b. Conduct Participatory Rapid Appraisal (PRA), which will involve obtaining information identifying remaining/outstanding problems and finding specific time-bound solutions through participatory means including: a) key informant interviews including representatives of civil society, community groups, NGOs and NCIP; b) focus group discussions (FGDs) on specific topics such as outstanding issued related to compensation payment, income restoration and relocation; c) direct field observations, for example, completion of resettlement site development; d) formal and informal interviews with affected households, women, ethnic minorities, and other vulnerable groups to conclude on the remaining and outstanding issues. c. Discuss with the EA and IA on the completion of land acquisition and resettlement as well as the remaining/outstanding issues and commitments on actions, timeframe, resources and reporting of EA and IA to completely resolve the remaining/outstanding issues (if any).

D. Reporting and Disclosure

267. For internal monitoring, DPWH will generate the data for a full and consolidated semi- annual monitoring report (SMR) to be submitted to ADB. Semi-annual monitoring reports are subject to review by ADB and posted on the ADB and project websites for disclosure purposes (Appendix 20: Draft Template of Semi-annual Monitoring Report).

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

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APPENDICES (available upon request)

Appendix 1: Letter on Final Parcellary Plan of PR 06 with Road Exceptions Appendix 2: DPWH Letter on ROW Limit of 20-m based on DPWH Rules and Guidelines Appendix 3: Affected Household by Loss Type Appendix 4: Sangguniang Bayan Resolution No. 0199a dated 23 May 2017 Appendix 5: Barangay Resolution of (14 barangays) Authorizing the Barangay Captains to Receive the Compensation for the Restoration of the Affected Community-owned Structures Appendix 6: Tables of Sample Survey Results Appendix 7: Report on Coordination Meeting/ Public Consultation/ RAP Related Activities Appendix 8: Minutes of Revalidation and Disclosure Meeting Appendix 9: NCIP Clearance Application Appendix 9a Application Letter for the Issuance of Certification Precondition Appendix 9b DPWH Letter to NCIP submitting Lacking Documents Appendix 9c Minutes of Inter-agency Meeting Appendix 9d Revised Work and Financial Plan for the Conduct of FBI Appendix 9e FBI Report on the CP Request of UPMO-DPWH for the Construction/ Improvement of PR06, Alicia-malangas-Road) Appendix 9f: Copy of Certification Precondition for PR06 Appendix 10: Copy of PIB in Local Language Appendix 11: Letter Pertaining to Mobilization of Independent Property Appraiser Appendix 12: A Resolution Prescribing the Cost of Transportation Allowance to be given to the Project Affected Persons for the Implementation of PR06-Alicia-Malangas Road Appendix 13: Relocation and LRP Survey Results Appendix 14: Barangay Resolution awarding lots to Eligible Relocatees Appendix 15: ZAMSURECO II Electric Service Application and Regular Order Connection Procedures Appendix 16: DSWD SLP LGU Skills and Livelihood Training Appendix 17: List of LRP Eligible Appendix 18: Entitlement Matrix for Affected Structures, Improvements, Lots, Crops and Trees within 20 meters ROW limit Appendix 19: MOU and Pertinent Documents Appendix 20: Draft Template of Semi-annual Monitoring Report

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