52220-001: South Commuter Railway Project
Total Page：16
File Type：pdf, Size：1020Kb
Resettlement Action Plan July 2020 PHI: South Commuter Railway Project Prepared by Department of Transportation for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 9 July 2020) Currency unit = Peso/s (₱) ₱ 1.00 = $ 0.02020 $1.00 = ₱ 49.4900 ABBREVIATIONS ADB – Asian Development Bank AH – Affected Household AKPF – Abot-Kaya Pabahay Fund AO – Administrative Order AP – Affected Person BIR – Bureau of Internal Revenue BP – Batas Pambansa BSAAC – Beneficiary Selection, Awards and Arbitration Committee BSP – Bangko Sentral ng Pilipinas C.A. – Commonwealth Act CBIA – Community Based Initiative Approach CDA – Cooperative Development Authority CGT – Capital Gains Tax CLOA – Certificate of Land Ownership Award CMP – Community Mortgage Program CMP-M – Community Mortgage Program-Mobilizers DAR – Department of Agrarian Reform DED – Detailed Engineering Design DDR – Due Diligence Report DENR – Department of Environment and Natural Resources DHSUD – Department of Human Settlements and Urban Development DILG – Department of the Interior and Local Government DMS – Detailed Measurement Survey DO – Departmental Order DOF – Department of Finance DOLE – Department of Labor and Employment DOTr – Department of Transportation DPWH – Department of Public Works and Highways DST – Documentary Stamp Tax DSWD – Department of Social Welfare and Development DTI – Department of Trade and Industry EA – Executing Agency EIS – Environmental Impact Statement EJS – Extra Judicial Settlement EMA – External Monitoring Agency EMP – Environmental Management Plan EO – Executive Order EP – Emancipation Patents ESR – Environment, Social and ROW Division FTI – Food Terminal Inc. ii GCR – Greater Capital Region GRM – Grievance Redress Mechanism GSIS – Government Service Insurance System HDMF – Home Development Mutual Fund HLURB – Housing and Land Use Regulatory Board HUDCC – Housing and Urban Development Coordinating Council IA – Implementing Agency IEC – Information Education and Communication IPA – Independent Property Appraiser IR – Involuntary Resettlement IRR – Implementing Rules and Regulations ISF – Informal Settler Families JICA – Japan International Cooperation Agency KSA – Key Shelter Agencies LGU – Local Government Unit LHB – Local Housing Board LHO – Local Housing Office LIAC – Local Inter-Agency Committee LRT – Light Rail Transit MCRP – Malolos-Clark Railway Project MFF – Multitranche Financing Facility MMSP – Metro Manila Subway Project MO – Memorandum Orders MOA – Memorandum of Agreement MOU – Memorandum of Understanding MRT – Mass Rail Transit NEDA – National Economic and Development Authority NGO – Non-Government Organization NHA – National Housing Authority NHMFC – National Home Mortgage Finance Corporation NoT – Notice of Taking NSCB – National Statistical Coordination Board (now part of PSA) NSCR – North-South Commuter Railway OCT – Original Certificate of Title OTB – Offer to Buy Pag-IBIG – Pagtutulungan sa Kinabukasan: Ikaw , Bangko, Industria at Gobyerno PCUP – Presidential Commission for the Urban Poor PD – Presidential Decree PhP – Philippine Peso PIAC – Project Inter-Agency Committee PIB – Public Information Booklet / Brochure PMO – Project Management Office PNCC – Philippine National Construction Corporation PNR – Philippine National Railways PSA Philippine Statistics Authority PTE Permit to Enter RA – Republic Act RAP – Resettlement Action Plan RF – Resettlement Framework iii RIC – Resettlement Implementation/Implementing Committee RIMC – RAP Implementation and Management Committee RIPP – Resettlement and Indigenous Peoples Plan ROW – Right of Way ROW-PMO – Right of Way Project Management Office ROWA – Right of Way Acquisition ROWSAM – Right of Way and Site Acquisition Manual RPT – Real Property Tax SCRP – South Commuter Railway Project SES – Socio-Economic Survey SHFC – Social Housing Finance Corporation SPS – Safeguards Policy Statement SSS – Social Security System TBM – Tunnel Boring Machine TCT – Transfer Certificate of Title TESDA – Technical Education and Skills Development Authority TWC – Technical Working Committee WB – World Bank WEDGE – Women’s Empowerment Development and Gender Equality iv GLOSSARY Affected Affected persons are those who are physically displaced (relocation, person (AP) 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. Compensation Payment in cash or in kind for land, housing, income, and other assets acquired or adversely affected 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 rates. Replacement cost calculation comprises these elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued (if any), (iv) transitional and restoration costs (if any); and (v) other applicable payments (if any). Cut-off date of The concept of the cut-off date for eligibility is typically used for the eligibility non-titleholders, which is generally the date of commencement of the project census of affected persons within the project boundaries. Persons not covered at the time of census taking will not be eligible for claims of compensation entitlements. Entitlement Range of measures comprising compensation, income restoration support, transfer assistance, income substitution and relocation support which are due to affected people, depending on the nature and severity of their losses, to restore their economic and social base. Household A social unit consisting of a person living alone or a group of persons who sleep in the same housing unit and have a common arrangement in the preparation and consumption of food, as defined in the National Statistical Coordination Board (NSCB) Board Resolution No. 11, Series of 2003. Affected Households (AH) are those whose housing units, whether these are solely used for dwelling, or dwelling with business enterprise, will be physically displaced (loss of land, loss of shelter, loss of income if business is operated within, or contiguous to dwelling unit) by the Project. Income restoration Re-establishing income sources and livelihoods of APs to approximate or exceed the level it was before the development project. Informal Settler Households that do not have legal or legalizable right to own the land Family (ISF) they occupy, homeless or do not own property anywhere else, and have a low- income as defined by this RAP. This may include structure owners and renters, rent-free occupants, caretakers, and sharers. v Involuntary Occurs when affected people do not have the right to refuse land Resettlement acquisition and are displaced, which may result in long-term hardship and impoverishment as well as social stress. Land acquisition The process whereby a person is compelled to relinquish ownership, possession, control or use of all or part of their land, structures or other assets to the project in exchange for cash or in-kind compensation. This includes land or assets for which the possessor or user enjoys customary or uncontested access but lacks legal title. For this project, compensation is based on replacement cost. PNR ROW Refers to the existing right-of-way owned by the Philippine National Railway (PNR). Project ROW Refers to the right-of-way of this project. (PROW) Relocation Physical displacement of an AP from his/her pre-project place of residence and his/her transfer to another place. Rental Subsidy Refers to a fixed amount of monetary assistance for temporary accommodation of APs while awaiting completion of permanent relocation site. Replacement cost Amount of cash or kind needed to replace an asset (i.e., land, private structure, crops and trees, public structure and common resource). Replacement cost calculation comprises these elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued (if any), (iv) transitional and restoration costs (if any); and (v) other applicable payments (if any). Resettlement All measures taken to mitigate any and all adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed. 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: The project defines vulnerable persons as (i) underprivileged below national poverty line, (ii) households headed by senior citizens, (iii) solo parent-headed households, and (iv) households with members who are persons with disabilities. NOTE{S} (i) The fiscal year of the Government of the Philippines ends on 31 December. (ii) In this report, "$" refers to United States dollars. vi This draft resettlement action plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. vii TABLE OF CONTENTS ABBREVIATIONS ..................................................................................................................ii