Malolos-Clark Railway Project (PFR 1)

Social Monitoring Report

Semi-annual Report September 2019 - March 2020

June 2020

PHI: Malolos-Clark Railway Project (PFR 1)

Prepared by Greater Capital Railway for the Department of Transportation and the Asian Development Bank.

This social monitoring report 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.

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

CURRENCY EQUIVALENTS (as of 17 June 2020)

Currency unit – Philippine Peso (₱) P1.00 = $ 0.0199 $1.00 = ₱ 50.1500

ABBREVIATIONS ADB – Asian Development Bank ADRI – agreement to demolish and remove improvement AH – affected household AP – affected person BCDA – Bases Conversion and Development Authority BIR – Bureau of Internal Revenue BLGU – barangay local government unit CAO – City Agriculture Office CBIA – Community-Based Initiative Approach CESO – City Employment Service Office CIA – Clark International Airport CMP – Community Mortgaged Program CP – contract package CPDO – City Planning and Development Office CSWDO – City Social Welfare and Development Office DA – Department of Agriculture DAR – Department of Agrarian Reform DBM – Department of Budget and Management DD – detailed design DepEd – Department of Education DHSUD – Department of Human Settlements and Urban Development DILG – Department of the Interior and Local Government DILP – DOLE`s Integrated Livelihood Program DOH – Department of Health DOLE – Department of Labor and Employment DOTr – Department of Transportation DSWD – Department of Social Welfare and Development DTI – Department of Trade and Industry DRAM – Department of Public Works and Highways Right-of-Way Acquisition Manual ECQ – Enhanced Community Quarantine EJS – extra judicial settlement EMA – external monitoring agent EMoP – Environmental Monitoring Plan EMP – Environmental Management Plan E.O. – executive order FGD – focus group discussion FS – feasibility study GAP – Gender Action Plan GC – general consultant GCR – Greater Capital Railway GIS – Geographic Information System

GoP – Government of the Philippines GR – grievance redress GRM – grievance redress mechanism HUDCC – Housing and Urban Development Coordinating Council (currently DHSUD) IA – implementing agency IEC – information, education, and communication IPA – independent property appraiser ISF – informal settler family JDT – JICA Design Team JICA – Japan International Cooperation Agency KSA – key shelter agency LGU – local government unit LHB – Local Housing Board LIAC – Local Inter-Agency Committee LO – landowner LRIP – livelihood restoration and improvement program MCRP – Malolos Clark Railway Project MFF – Multi-Tranche Financing Facility MOA – memorandum of agreement MOU – memorandum of understanding NAPC – National Anti-Poverty Commission NGA – national government agency NHA – National Housing Authority NLO – non-landowner (ISF) NoT – notice of taking NSCR-Ex – North-South Commuter Railway Extension O&M – Operations and Maintenance OTB – offer to buy PCUP – Presidential Commission for the Urban Poor PESO – Public Employment Service Office PhP – Philippines peso PIAC – Project Inter-Agency Committee PMO – Project Management Office PNR – Philippine National Railways PROW – project right-of-way QMR – quarterly monitoring report RAP – Resettlement Action Plan RCS – replacement cost survey RIMC – RAP Implementation Management Committee ROW – right-of-way ROWSA – right-of-way and site acquisition ROWSAM – Right-of-Way and Site Acquisition Manual RRAP – Relocation and Resettlement Action SBC – Small Business Corporation SLP – Sustainable Livelihood Program (governed by the DSWD) SCM – stakeholder consultation meeting SES – socio-economic survey SHFC – Social Housing Finance Corporation SMR – semi-annual monitoring report

SPS – Safeguard Policy Statement TESDA – Technical Education and Skills Development Authority TNA – training needs assessment TOR – terms of reference TWG – Technical Working Group

GLOSSARY Affected business – It refers to all types of businesses regardless of scale whose normal operation will be severely or marginally affected by the project. Affected households – It refers to all households whose residence will be affected by (AHs) the project. Affected household – It refers to all member of the affected households. members Affected persons – It refers to all persons or entity who are residing, using, or (APs) operating, at the time of cut-off-date, and/or owning a property in an area which will be acquired for project right-of-way, regardless of type of displacement and severity of impact. Associated structures – It refers to structures that are associated to a main structure. This may include water tank, fence, garage, storeroom, etc. Enterprise-based – It refers to a non-land based economic undertaking that is not salaried/waged. Informal settler family – It refers to a household that does not have a legal or legal (ISF) right to own the land they occupy, homeless or do not own property anywhere else. This may include structure owners and renters, rent-free occupants, caretakers, and sharers. Involuntary – It occurs when affected people do not have the right to refuse resettlement land acquisition and are displaced, which may result in long- term hardship and impoverishment as well as social stress. JICA Design Team – It refers to a team of international and Philippine consultants engaged by JICA to assist DOTr in undertaking surveys, conducting interviews with affected persons, and drafting resettlement plans and policies. Landowner – It refers to legal owners of affected land that will be acquired for the project. Marginally-affected – It refers to the type of impact on affected property wherein the remaining portion is deemed to be economically viable or structurally sound and livable. Non-landowner – It refers to project affected persons who responded that they do not own the land during the SES. This includes structure owners (with or without permission from the landowner), renters, sharers, rent-free occupants and caretakers (in both formal and informal structures), regardless of income. Permanent relocation – It refers to the relocation site to be developed by the NHA and other partners of the DOTr partners where APs are to be resettled permanently. PNR Right-of-Way – It refers to the existing right-of-way owned by the PNR. (PNR ROW) Project ROW (PROW) – It refers to the ROW of this project.

Public rental facility – It refers to a subsidized rental facility for APs who will not qualify for socialized housing. Rental subsidy – It refers to a fixed amount of monetary assistance for temporary accommodation of APs while awaiting completion of permanent relocation site. Replacement cost – It refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices. The cost of replacing lost assets and incomes includes cost of transactions, repair cost and other associated costs for the restoration of residual property, if any. Severely-affected – It refers to the type of impact on affected properties wherein the remaining portion is no longer viable for economic activity or the integrity of the remaining structure has been compromised. Temporary – It refers to the interim site or rental unit where the APs will accommodation move temporarily while awaiting completion of permanent relocation site. Validation – It refers to the process of verifying or checking the accuracy of census information provided by the APs during the preparation of the RAP.

NOTE (i) The fiscal year (FY) of the Government of Philippines and the Department of Transportation ends on {31 December}

(ii) In this report, "$" refers to United States dollars unless otherwise stated

Table of Contents

LIST OF TABLES ...... I LIST OF FIGURES ...... I EXECUTIVE SUMMARY ...... II I. CONTEXT OF THE MONITORING REPORT ...... 1

A. PROJECT BACKGROUND ...... 1 B. LAND ACQUISITION AND RESETTLEMENT IMPACTS ...... 3 C. SCOPE AND OBJECTIVE OF THE SEMI-ANNUAL MONITORING REPORT ...... 6 D. MONITORING INDICATORS AND PARAMETERS ...... 7 E. METHODOLOGICAL APPROACH ...... 7 II. SEMI-ANNUAL MONITORING RESULTS ...... 8

A. UPDATING THE RESETTLEMENT ACTION PLANS ...... 8 1. Preparation of the DD RAPs ...... 8 2. Review of Parcellary Survey and Location Map Preparation ...... 9 3. Ground Validation Activities ...... 10 B. STATUS OF CONSULTATION, PARTICIPATION, AND DISCLOSURE ...... 11 C. STATUS OF THE GRIEVANCE REDRESS MECHANISM ...... 18 1. Establishment of Central Hotline and Local Help Desks ...... 18 2. Establishment of the GRM Team ...... 18 3. Grievances Recorded ...... 20 4. Resources Devoted to the GRM ...... 21 D. STATUS OF INSTITUTIONAL ARRANGEMENTS FOR LAND ACQUISITION AND RESETTLEMENT ...... 21 1. MCRP Project Management Office ...... 21 2. Partner Institutions ...... 23 3. General Consultant ...... 25 E. STATUS OF THE LIVELIHOOD RESTORATION AND IMPROVEMENT PROGRAM ...... 26 III. SAFEGUARDS PERFORMANCE MONITORING ...... 28

A. COMPLIANCE WITH RAP ...... 28 B. KEY ISSUES AND IMPLEMENTATION CHALLENGES ...... 28 IV. PROPOSED MAJOR ITEMS OF FOCUS FOR THE NEXT REPORT ...... 29

LIST OF TABLES

TABLE I-1: LAND REQUIREMENTS AND AFFECTED HOUSEHOLDS IN CP N-01 TO N-05 AREAS ...... 4 TABLE I-2: SUMMARY OF PROJECT IMPACTS IN CP N-01 TO N-03 AREAS ...... 4 TABLE I-3: SUMMARY OF PROJECT IMPACTS IN CP N-04 AND N-05 AREAS ...... 5 TABLE I-4: LAND REQUIREMENTS FOR STATIONS IN THE MALOLOS-CLARK SECTION ...... 5 TABLE I-5: LAND REQUIREMENTS AND AFFECTED HOUSEHOLDS IN THE SOLIS-BLUMENTRITT SECTION ...... 6 TABLE II-1: STATUS OF THE DD RAP SUBMISSION ...... 8 TABLE II-2: RESULTS OF PARCELLARY SURVEY REVIEW ...... 9 TABLE II-3: STATUS OF LAND AVAILABILITY IN CP N-01 TO N-05 AREAS ...... 9 TABLE II-4: LIST OF JOINT VALIDATION ACTIVITIES CONDUCTED IN THE MALOLOS-CALAMBA SECTION ...... 10 TABLE II-5: SUMMARY OF THE SECOND ROUND OF SCMS IN THE DD PHASE ...... 11 TABLE II-6: MAIN ISSUES AND CONCERNS RAISED DURING THE SECOND ROUND OF SCMS IN THE DD PHASE ...... 13 TABLE II-7: STATUS OF THE LOCAL HELP DESK AND THE LOCAL GRM TEAM (AS OF MAR 2020) ...... 18 TABLE II-8: COMPOSITION OF THE CENTRAL GRM TEAM (AS OF MAR 2020) ...... 19 TABLE II-9: STATUS OF GRIEVANCES (AS OF MAR 2020) ...... 20 TABLE II-10: TYPE OF RECEIVED GRIEVANCES...... 21 TABLE II-11: PERSONNEL STATUS OF THE MCRP PROJECT MANAGEMENT OFFICE ...... 21 TABLE II-12: COMPOSITION AND MEMBER AGENCIES OF THE PROJECT INTER-AGENCY COMMITTEE ...... 23 TABLE II-13: COMPOSITION AND MEMBER AGENCIES OF THE TECHNICAL WORKING GROUP ...... 24 TABLE II-16: COMPOSITION OF THE GCR RAP TEAM ...... 25 TABLE II-18: SUMMARY RECORDS OF FGD AND TNA (SEP 2019-MAR 2020) ...... 26 TABLE III-1: IDENTIFIED KEY ISSUES ...... 28

LIST OF FIGURES

FIGURE 1-1: ALIGNMENT OF THE MCRP TRANCHE 1 ...... 3

EXECUTIVE SUMMARY

1. The Government of the Philippines (GoP) requested the Asian Development Bank (ADB) and the Japan International Cooperation Agency (JICA) for financial assistance to the Malolos Clark Railway Project (MCRP) also known as the North-South Commuter Railway Extension Project (NSCR-Ex). ADB and the GoP signed the loan agreement on 11 July 2019 to finance civil works of the project through its Multi-Tranche Financing Facility (MFF) in three tranches. MCRP Tranche 1 consists of the Malolos-Clark and the Solis-Blumentritt Extension Sections. JICA is also co-financing the project specifically, the core system and consulting services and signed the loan agreement with the GoP on 21 January 2019.

2. The Malolos-Clark alignment stretching 51.4 kilometers commences at the City of Malolos, passing through the Municipality of Calumpit in the Province of Bulacan, and the Municipalities of Apalit, Minalin, and Sto. Tomas and Cities of San Fernando, Angeles, and Mabalacat in the Province of Pampanga until the alignment reaches the Clark International Airport (CIA) complex. The Solis-Blumentritt alignment, on the other hand, will extend the NSCR railway line to the south from a junction point between Solis Station and Tutuban Station to a newly constructed station in Blumentritt in Sta. Cruz District, City of Manila.

3. The Malolos-Clark Section is estimated to require a total of 176.7 hectares (ha) of land. Since the Philippine National Railways (PNR) and the Bases Conversion and Development Authority (BCDA) agreed with the Department of Transportation (DOTr) to use 136.3 ha of their properties as the Project Right-of-Way (PROW), and only 40.3 ha of land shall be acquired from private property owners. In this section, a total of 514 landowners (LO) households (2,420 persons), 367 non-resident landowners, 2,227 non-landowner (NLO) households (11,135 persons), and 673 business owners will be affected by the project. For the Solis-Blumentritt Section, the project will acquire land from 83 LO households (306 persons), 89 non-resident landowners, 489 NLO households (1,863 persons), and 86 business owners.

4. The DOTr has conducted the following activities in compliance with social safeguards covenants: (i) Updating of Resettlement Action Plans. As for three batches of Resettlement Action Plans (RAPs) prepared by JICA Design Team (JDT), DOTr updated the RAP for Mabalacat and submitted the final draft to ADB on 23 March 2020. For the NLO RAP, the DOTr will submit a draft until July 2020. For the LO RAP, the DOTr submit to ADB by 30 May 2020. (ii) Parcellary Survey Review and Location Map Preparation. As preparatory work prior to the RAP approval, DOTr started to review parcellary surveys and as-built plans with a view to preparing attachments to the notice of taking (NoT) that will be issued for affected households (AHs) as well as completed the preparation of location maps for all the lots subject to the NoT. (iii) Validation Activities. During the reporting period, DOTr has completed validation activities in all of the eight Local Government Units (LGUs) of the project. The results of the validated data will be used as reference of the DOTr in planning for the establishment of the total housing units to be constructed by the National Housing Authority (NHA) and assessing the number of available units for public rental facilities for unqualified AHs. The assessment of available public rental facilities for temporary housings during the pre-resettlement period is to be conducted further.

(iv) Consultation, Participation, and Disclosure. Meaningful consultations have been conducted to ensure issues, concerns, and voices of AHs are incorporated during the project preparation. At the start of the detailed design (DD) stage, the DOTr was given assistance by the JDT which led the conduct of information, education, and communication (IEC) meetings and stakeholder consultation meetings (SCMs). Since GCR mobilization in early September 2019, its RAP Team has assisted the DOTr in conducting the second round of SCMs for non- landowners of the Malolos-Clark Section. In parallel, GCR RAP Team together with the DOTr has arranged and attended coordination meetings with other project stakeholders regarding the RAP implementation. (v) Establishment of the Help Desks. The DOTr completed its establishment of the Local Help Desk at each LGU for the Malolos-Clark Section and has carried out preparatory works for its establishment in the Manila City for the Solis-Blumentritt Section. In absence of the Local Help Desk for the Solis-Blumentritt Section, grievances related to the affected area have been received and addressed via central hotline. The regular personnel from the MCRP Project Management Office (PMO) has been deployed to manage the Local Help Desk established at each LGU office along with counterpart staff to answer inquiries about the project, receive complaints, and provide clarification on the matters related to claims and interests of affected persons (APs). Since most LGUs await the establishment of Local Inter-Agency Committee (LIAC) or the RAP Implementation and Management Committee (RIMC), grievances are currently handled by the DOTr`s Grievance Redress Mechanism (GRM) Team. Once LIAC or the RIMC is established, pending grievances will be followed up on by three levels of the GRM in sequence, i.e., (i) first level: Local Help Desk or Central Hotline, (ii) second level: RIMC, TWC/Right-of-Way Site Acquisition (ROWSA) Committee or the DOTr`s Legal Department, and (iii) third level: Project Inter-Agency Committee (PIAC). Notwithstanding all levels of the GRM, complaints can be filed in a court of law, which is not a part of the GRM, by the APs at any stage of the GRM process. By the end of March 2020, a total of 242 grievances or inquiries were received and were all addressed during the reporting period, most of which were RAP-related cases (241), followed by one environment-related case. (vi) Institutional Arrangements for the Project. The DOTr`s MCRP PMO has filled a total of 68 positions including 22 positions dedicated to the RAP implementation. The current RAP staff in the MCRP PMO has thus far attended seven training sessions as part of capacity building. Second, a joint memorandum circular to set up the PIAC has been prepared for signatures of involved agencies for this project, and currently the Department of Human Settlements and Urban Development (DHSUD) is coordinating with other national government agencies (NGAs) to finalize the circular. Pending the official PIAC establishment, preliminary PIAC meetings among the DOTr, PNR, and key NGAs have been held since 12 December 2018. Third, the composition of the Technical Working Group (TWG) under PIAC was also agreed by agency representatives during the third PIAC meeting on 26 September 2019. Fourth, to govern the community-driven resettlement of the informal settler families (ISFs), the DOTr concluded a memorandum of agreement (MOA) with the NHA on 3 September 2019 and a MOA with the Social Housing Finance Corporation (SHFC) in December 2018. Fifth, preparatory works for the establishment of the RIMC and the LIAC have been conducted for the formation of site-specific partnerships. The GCR, as the GC for

iii

this project, has been assisting the MCRP PMO in achieving efficient and proper preparation and implementation of the project since September 2019.

5. All land acquisition and resettlement tasks under the project will be subject to internal and external monitoring. The MCRP PMO has conducted internal monitoring on a monthly basis and started to prepare this semi-annual monitoring report (SMR) No. 1 (Sep 2019-Mar 2020) and quarterly monitoring report (QMR) No. 1 (Sep-Dec 2019) and No. 2 (Jan-Mar 2020) for submission to ADB and JICA in April 2020. As far as external monitoring is concerned, the terms of reference (TOR) of the external monitoring agent (EMA) was reviewed and approved by ADB in March 2020. The DOTr is currently in the process of EMA procurement.

6. As to delays in implementing field activities, DOTr will implement alternative strategies such as engaging stakeholders amidst movement restrictions under ECQ. Among these strategies include telephone calls consultations, the use of courier services to send out the NoT. The DOTr will continue to carry out field work and coordination activities with stakeholders to ensure that implementation requirements for the DD RAP for Mabalacat are fulfilled and that the remaining RAPs for the Malolos-Clark Section and the Solis-Blumentritt Section are updated and finalized prior to the commencement of civil works.

I. CONTEXT OF THE MONITORING REPORT A. Project Background 1. The Malolos Clark Railway Project is one of the government’s efforts to promote inclusive growth and improve transport and logistics services to currently underserved areas in the country. Starting from the center of Metro Manila to the nearby areas in North Luzon, the MCRP is expected to ease the traffic congestion on existing national and local roads along the railway’s route while accelerating economic growth and expansion along the project’s influence areas. The MCRP main line is 51.4-km long which includes 47.84 km of viaducts, 0.64 km of embankment and at-grade structures, 2.94 km of underground structures, and an at-grade spur line stretching 1.2 km to the depot. There will be six stations, one depot with an operations control center, 13 bridge crossings, and substations. The location of construction yards and disposal areas will be determined by the contractor.

2. The MCRP is being financed by Multi-Tranche Financing Facility (MFF) in three tranches for large-scale stand-alone projects. At the time of MFF processing, the design, procurement, and safeguards have been appraised for the entire MFF. Each tranche will finance slices of a group of contracts per indicative tranche schedule, and the amount for each tranche will be requested per disbursement progress and projection (DOTr, 2020). The GoP has requested an MFF in the amount of up to $2.75 billion from the ordinary capital resources of ADB to help finance the civil works (i.e., viaducts, bridges, stations, tunnels, and depot buildings) of the project. The MFF consists of three tranches, subject to the government’s submission of related periodic financing requests, execution of the related loan agreement for each tranche, and fulfillment of terms and conditions and undertakings in the framework financing agreement. On 11 July 2019, ADB and the Republic of the Philippines signed the loan agreement, which became effective on 26 September 2019.

3. The civil works of the project was divided into six (6) contract packages. Five contract packages involve the construction of viaducts, bridges, stations, and tunnels. One contract package involves the construction of the railway depot. All are being procured through international open competitive bidding. Table I-1 describes the six contract packages.

Table I-1

Contract Estimated General Package Value (in City/Municipality Stations Description Number US$ M) Viaduct and Malolos, Calumpit, CP N-01 elevated 619 Calumpit, Apalit stations Apalit, Minalin Viaduct and Minalin, Sto. San CP N-02 elevated 511 Tomas, San Fernando station Fernando Viaduct and San Fernando, Angeles, CP N-03 elevated 583 Angeles, Clark stations Mabalacat Tunnel, underground Clark CP N-04 station and 367 Mabalacat International approach Airport line

Depot and CP N-05 approach 300 Mabalacat N/A line Viaduct and CP S-01 elevated 145 Manila Blumentritt station

4. The project is co-financed by JICA on a parallel collaborative basis. The JICA loan was approved in December 2018 and signed on 21 January 2019. JICA is financing the core system (i.e., tracks, depot equipment, power supply and electrification, signaling and telecommunication systems, and procurement of rolling stocks) and consulting services.

5. MCRP Tranche 1 consists of the Malolos-Clark and the Solis-Blumentritt Sections. The Malolos-Clark alignment stretching 51.4 kilometers (km) commences at the City of Malolos, passing through the Municipality of Calumpit in the Province of Bulacan, and the Municipalities of Apalit, Minalin, and Sto. Tomas and Cities of San Fernando, Angeles, and Mabalacat in the Province of Pampanga until the alignment reaches the Clark International Airport (CIA) complex. The MCRP Tranche 1 also covers the Solis-Blumentritt Section which will extend the NSCR railway line to the south from a junction point between Solis Station and Tutuban Station to a newly constructed station in Blumentritt in Sta. Cruz District of the City of Manila. It will be comprised of around 2 km of an elevated double-track alignment. The Blumentritt Station is envisioned to be interoperated with LRT Line 1, 2, and 3 with a transfer station for commuters from the Cities of Manila, Makati, Taguig, Paranaque, and Muntinlupa which are all located in Metro Manila. Figure 1-1 presents the alignment of the MCRP Tranche 1.

Figure 1-1: Alignment of the MCRP Tranche 1

Source: Greater Capital Railway (GCR).

B. Land Acquisition and Resettlement Impacts 6. Malolos Clark Section. The Malolos-Clark Section will require a total of 176.7 hectares (ha) of land. As the Philippine National Railways (PNR) and the Bases Conversion and Development Authority (BCDA) agreed with DOTr, the agency implementing the project, to utilize 136.3 ha of their properties as the project right-of-way (PROW), only 40.3 ha of land will be acquired from private property owners. At present, no private land has yet been acquired. The notice of taking (NoT) is scheduled to be issued in June 2020 and then the offer to buy (OTB) will be issued 30 days after the NoT issuance.

7. This section consists of five contract packages from contract package (CP) N-01 to N-05. CP N-01 covers four local government units (LGUs), i.e., Cities of Malolos and Calumpit in Bulacan Province and Municipalities of Apalit and Minalin in Pampanga Province. CP N-02 covers two LGUs, i.e., City of San Fernando and Municipality of Sto. Tomas in Pampanga Province. CP N-03 covers Angeles City and a portion of San Fernando City in Pampanga Province. CP N-04

and N-05 cover the area in Pampanga Province where Mabalacat main line and depot will be located. From CP N-01 to N-05. A total of 514 landowner (LO) households (2,420 persons), 367 non-resident landowners, 2,227 non-landowner (NLO) households (11,135 persons), and 673 business owners are estimated to be affected by the project. Table I-2 presents the scale of land to be required for the Malolos-Clark Section by LGU and the number of AHs in all LGUs per contract package.

8. In CP N-01 to CP N-03 areas, 660 structures and 2,214 households or 9,063 persons will be affected by the project. Also, two households (10 persons) with land-based livelihood including agriculture and fish culture will be severely affected. Table I-3 summarizes the impacts in CP N- 01 to N-03 areas by the project.

Table I-2: Land Requirements and Affected Households in CP N-01 to N-05 Areas

Ar e a Area To be Ar e a PNR/ BCDA Area To be Project Affected City / PNR/ BCDA CP No. Required Aquired Required Lot (sq.m) by Aquired Households* Municipality Lot (sq.m) Non (sq.m) (sq.m) (sq.m) by CP CP (sq.m) Land Owner Landowner

Malolos 93,076 81,228 11,848 14 56

CP Calumpit 106,481 61,550 44,932 428,436 316,678 111,758 66 356 N-01 Apalit 153,003 127,969 25,034 28 121

Minalin 86,242 56,297 29,945 0 5

CP Sto. Tomas 109,602 100,918 8,684 439,395 300,029 139,366 10 38 N-02 San Fernando 420,848 206,881 213,967 295 1,012

CP Angeles 183,093 114,109 68,985 333,570 181,301 152,270 101 626 N-03

CP Mabalacat ML 183,182 183,182 0 0 4 134,125 134,125 0 N-04

CP Mabalacat 431,188 431,188 0 431,188 431,188 0 0 9 N-05 Depot

TOTAL 1,766,714 1,363,321 403,394 1,766,714 1,363,321 403,394 514 2,227 *Based on the LO and NLO master lists submitted by the JICA Design Team ( JDT ) along with the draft LO and NLO RAPs. Source: GCR.

Table I-3: Summary of Project Impacts in CP N-01 to N-03 Areas LGU Malolos Calumpit Apalit Minalin Sto. San Angeles Total Indicator Tomas Fernando No. of 31 285 80 4 8 132 120 660 Affected Structures No. of 56 356 121 5 38 1,012 626 2,214 Affected Households No. of 222 1,434 564 22 155 4,164 2,502 9,063 Affected Household Members

LGU Malolos Calumpit Apalit Minalin Sto. San Angeles Total Indicator Tomas Fernando No. of 0 0 0 0 0 1 1 2 Affected Land-based Livelihood Source: JDT.

9. For CP N-04 and N-05, the project-affected land within the BCDA-owned property will be required for the Mabalacat Section from Clark to CIA including the depot. The DOTr already obtained a written confirmation from the BCDA on the use of its properties within Clark Freeport Zone as the PROW through a letter dated 27 June 2018. Under the two contract packages, 17 households and 24 farmers and micro-business owners will be severely affected, and some 13 employees will be marginally affected due to income loss caused by the closure of the business establishment of their employer. The land acquisition and resettlement impacts are covered by RAPs for landowners and non-landowners. Table I-4 summarizes project impacts in Mabalacat main line and depot areas.

Table I-4: Summary of Project Impacts in CP N-04 and N-05 Areas Land No. of No. of No. of No. of No. of No. of Acquisitio Affected Affected Affected Affected Affected Affected n Structure Governmen Household Persons Landowner Micro- (m2) t Structures s s Businesses 603,156 97 7 17 30 1 21 tree, crop, and livestock farmers 1 lessee farmer 1 Yakult vendor 1 sari-sari store owner Note: Including associated structures as validated March 2020. Source: JDT and DOTr.

10. The Malolos-Clark Section includes six stations requiring a total of 73,500.00 square meters (m2), or 7.35 ha of land, which consists of 66,032.65 m2 of the public land from the PNR and the BCDA and 7,467.35 m2 of the private land to be acquired. Table I-5 summarizes the total land requirements for the six stations per LGU.

Table I-5: Land Requirements for Stations in the Malolos-Clark Section Station Location Kilometrage Length Required Area Estimated Land of the Center Including Width of (m2) Requirement (m2) of Station Emergency ROW Public Private Stair (m) (m) 1 Calumpit Calumpit, 41km 134m 190.00 60.00 11,400.00 9,786.66 1,613.34 Bulacan (41+134) 2 Apalit Apalit, 46km 440m 190.00 60.00 11,400.00 11,150.83 249.17 Pampanga (46+440) 3 San San Fernando, 58km 595m 190.00 60.00 11,400.00 10,003.81 1,396.20 Fernando Pampanga (58+595)

4 Angeles Angeles, 73km 655m 190.00 60.00 11,400.00 7,191.36 4,208.65 Pampanga (73+655) 5 Clark Mabalacat, 78km 586m 190.00 60.00 11,400.00 11,400.00 0.00 Pampanga (78+586) 6 CIA Mabalacat, 86km 034m 275.00 60.00 16,500.00 16,500.00 0.00 Pampanga (86+034)

Total Area (m2) 73,500.00 66,032.65 7,467.35 Source: GCR.

11. The Solis-Blumentritt Section. As part of CP S-01, the project will have civil engineering and building works. A 1.1-kilometer elevated railway viaduct and a four-level station will be constructed in this section. This extension is connected with the NSCR at the south end of Solis Station. The scale of land to be required for this section totals 72,432.71 m2, or 7.24 ha. The land owned by the PNR and the City of Manila, equivalent to 36,790.15 m2 will be used for the project, and the remaining required land will be acquired from private landowners. A total of 568 households, i.e., 83 LO households (306 persons), 89 non-resident landowners, 489 NLO households (1,863 persons), and 86 business owners will be affected. Table I-6 summarizes land requirements and the number of AHs in this section.

Table I-6: Land Requirements and Affected Households in the Solis-Blumentritt Section Station Location Kilometrage Estimated Land Requirement of the Center of the Station Public Private Blumentritt City of Manila CH 2+205 PNR: 36,356 m2 35,642.56 m2 City-owned road: 434.15 m2 Total No. of Affected Households1 Type of Affected Households Non-landowner Landowner 572 489 83 1 Apart from 83 LO and 489 NLO households, there are 89 non-resident landowners and 86 business owners are also estimated to be affected in this section. Source: GCR.

C. Scope and Objective of the Semi-Annual Monitoring Report 12. The main objective of the semi-annual monitoring is to assess the progress of RAP preparation and other related activities. At this stage, main activities focus mainly on updating the RAPs. The semi-annual monitoring also examines the bottlenecks encountered in preparing and updating the RAPs. The specific objectives are:

(i) Ascertain whether the social safeguards plan has met its objectives, and whether the objectives were suited to the conditions encountered by APs; (ii) Assess the extent to which consultation and disclosure activities are inclusive, accessible, and effective in conveying key information from the RAP, and there are opportunities for APs to participate in decision making involving project components that affect them, such as resettlement and livelihood restoration activities; (iii) Review the effectiveness of the grievance redress mechanism, its accessibility, and its responsiveness to resolving complaints; and (iv) Suggest modifications to the implementation procedures of the social safeguards plan, if necessary, to achieve the objectives of the RAP.

13. This semi-annual report summarizes safeguards compliance and internal monitoring activities for September 2019–March 2020 reporting period. The report includes recommendations to improve resettlement activities in the following areas: (i) DD RAP preparation and approval, (ii) institutional arrangements, and (iii) consultations and grievances.

D. Monitoring Indicators and Parameters 14. Qualitative and quantitative data were obtained in preparing the semi-annual social monitoring report with the following parameters and monitoring indicators used: (i) Adequacy of Resettlement Planning • Status on updating and finalizing the DD RAP • RAP compliance with ADB/JICA policy • Availability and adequacy of SES database based on DD survey • Verification of replacement cost study • Establishment of internal monitoring system

(ii) Effectiveness of the Consultation Process and the Grievance Redress Mechanism • Consultations held as scheduled, including meetings and community activities • Knowledge of entitlements by the displaced persons • Consultation meetings exclusively with women and with vulnerable groups • Dissemination of project information brochures to APs in the local language • Grievance Redress Mechanism accessible to APs • APs are familiar with the GRM system, including the Local Help Desk • Information on the resolution of the grievances • Grievances addressed according to schedule

(iii) Institutional Arrangement for the RAP Implementation Established • Establishment of MCRP PMO with required staffing for RAP implementation • Adequacy of knowledge and experience of MCRP PMO staff for RAP implementation • Capacity building measures of MCRP PMO staff undertaken • Establishment of Project Inter-Agency Committee • Signing of MOA with different key shelter agencies • Establishment of RAP Implementation and Management Committee • Establishment of the GRM according to RAP provisions • Funds allocated to resettlement agencies according to schedule

E. Methodological Approach 15. Guided by the monitoring indicators and parameters, this report was produced with written and verbal inputs from JDT and discussions with DOTr staff on the status of RAP activities. A review of available project-related documents, master lists of APs, GRM database, and accomplishment reports provided by the DOTr were the basis of the analysis. Progress reports served as the backbone of the assessment, as they provide a picture of the resettlement initiatives with a special focus on preparatory activities including (i) the accomplishment of the necessary safeguard documents that serve to mitigate involuntary resettlement impacts, (ii) the consultation process, and (iii) grievance redress measures. The document review provided a balance between qualitative and quantitative data and afforded insights into the existing resettlement and program strategies. Site visits were conducted to validate project socio-economic data and verify current

conditions on the ground. The verification process allowed the project team to establish the final master list of all APs.

II. SEMI-ANNUAL MONITORING RESULTS A. Updating the Resettlement Action Plans

1. Preparation of the DD RAPs

16. RAPs were prepared in accordance with ADB social safeguards and JICA Environmental and Social Considerations guidelines. In order to expedite the completion of the DD RAPs, the DOTr`s MCRP PMO decided to deploy its RAP team to carry out pre-RAP implementation activities including validation of AHs based on the master list. The validation activities were designed to come up with the final master list for the project’s entitlements and relocation assistance. The validation activities covering eight cities and municipalities in the Malolos-Clark Section required additional human resources to complete the tasks according to schedule. The Greater Capital Railway (GCR) as the general consultant (GC) was mobilized early to support the validation activities.1

17. DOTr continued to conduct field activities and completed the validation activities. In December 2019, the DD RAPs for the Malolos-Clark Section were decided to be delivered in three batches.

18. The final draft DD RAP for Mabalacat was submitted by DOTr to ADB on 23 March 2020. The LO DD RAP is now under review by DOTr, while the NLO RAP is currently being updated. Due to the outbreak of the coronavirus disease (COVID-19), the GoP has enforced the Luzon- wide Enhanced Community Quarantine (ECQ), in which the submission of the NLO DD RAP to ADB was postponed to July since field validation activities are still needed to be undertaken to update the information of AHs on the NLO DD RAP.

19. Table II-1 summarizes the status of the DD RAP submission.

Table II-1: Status of the DD RAP Submission Alignment RAP Batch Status Malolos-Clark Section DD RAP for DOTr submitted the Mabalacat final draft to ADB for compliance review. Landowner DD RAP DOTr revising draft. for CP N-01 to N-03 Non-landowner DD DOTr revising draft. RAP for CP N-01 to N-03 Solis-Blumentritt Landowner DD RAP DOTr revising draft. Section for Manila Partial Operation Source: GCR.

1 The GCR refers to the joint venture consisting of Oriental Consultants Global Co. Ltd., Katahira & Engineers International, Pacific Consultants Co., Ltd., Tonichi Engineering Consultants, Inc, and Nippon Koei in association with DCCD Engineering Corporation, Engineering and Development Corporation of the Philippines, J.F. Cancio & Associates, Oriental Consultants Philippines, Inc., Schema Konsult, Inc., and TCGI Engineers.

2. Review of Parcellary Survey and Location Map Preparation

20. Preparatory work prior to the RAP approval have been started particularly for the review of parcellary surveys and as-built plans. This will be used as attachments to the NoT that will be issued to landowner APs in June 2020. For the Malolos-Clark Section, a total of 1,699 private lots are to be acquired, all of which are ready for the NoT issuance. Out of the 1,699 lots, some 615 lots are ready for the issuance of the OTB in 30 days after the NoT issuance, equipped with necessary information and plans. The remaining 1,084 lots will require further research and additional information for the OTB issuance after the issuance of the NoT and the preparation of subdivision plans. The DOTr will conduct further research and collect additional information on the lots by June 2020.

21. In preparation for the NoT issuance, the DOTr prepared location maps for all the lots subject to the NoT issuance including maps. The maps with control numbers have been prepared and is now ready for the issuance to landowners. Table II-2 illustrates the results of the parcellary survey review.

Table II-2: Results of Parcellary Survey Review Contract City/ No. of No. of Lots No. of Lots No. of Lots Package Municipality Private Lots Ready for Ready for for Updatingb to be the NoT the OTB Acquired Issuance Issuancea CP N-01 Malolos 130 130 70 60 Calumpit 154 154 78 76 Apalit 37 37 7 30 Minalin 8 8 0 8 CP N-02 & Sto. Tomas 51 51 0 51 CP-N-03 San Fernando 1,036 1,036 331 705 Angeles 283 283 129 154 CP N-04 Mabalacat 0 Not applicable Not applicable Not applicable (Main Line) CP N-05 Mabalacat 0 Not applicable Not applicable Not applicable (Depot) Total 1,699 1,699 615 1,084 a Lots ready for the OTB issuance refer to the lots whose plans are ready for signature of the JDT’s geodetic engineer. b Lots for updating refer to the lots which require additional data and subdivision plans for completion. Source: GCR.

22. During this reporting period, the DOTr in collaboration with the GCR civil works team identified the land within the ROW that is free and clear for handover to the contractor from Day 1 for civil works. The MCRP RAP defines free and clear land—as the land that is free of affected households and structures, utilities, and trees to be cut. Based on the preliminary assessment, a total of free and clear land for CP N-01 to N-05 is estimated at 875,586.62 m2. The free and clear land will be further validated on the ground to determine actual ground situation. It should be noted that due to the ECQ, field validation has not been completed by the GCR Civil Works Team, so that the figure might be changed after the completion of validation activities. The GCR Civil Works Team indicated target work access dates for construction activities. Table II-3 indicates the total land requirement including available free and clear land ready for contractor’s access as soon as the contract award is issued.

Table II-3: Status of Land Availability in CP N-01 to N-05 Areas

No. Package City/ Total Land Free & Clear Land Availability Municipality Requirement Land (%) (m2) (m2) 1 CP N-01 Malolos, Calumpit, 428,436 264,509 61.7 Apalit

2 CP N-02 Sto. Tomas 439,395 201,016 45.8 San Fernando Angeles 3 CP N-03 333,570 142,507 42.7 4 CP N-04 Mabalacat (Main 211,352 201,870 95.5 Line) 5 CP N-05 Mabalacat (Depot) 360,840 65,684 18.2 Total 1,773,593 875,587 49.4 Source: GCR.

3. Ground Validation Activities

23. The DOTr completed the conduct of joint ground validation activities on 19 February 2020 in collaboration with the PNR, the Department of Human Settlements and Urban Development (DHSUD), the National Housing Authority (NHA), and the GCR. The validation activities covered the eight LGUs and all of their barangays affected by the Malolos-Clark Section, aiming at validating (i) the DD master list of affected persons within the PROW and (ii) the extent of affected parcel of lands, structures, improvements and/or business establishments within the PROW. Likewise, the activities validated actual occupancy in comparison with the master list and then generated the final master list after validation. Table II-4 enumerates validation activities conducted in the Malolos-Calamba Section.

Table II-4: List of Joint Validation Activities Conducted in the Malolos-Calamba Section LGU Barangay Date Conducted Malolos City, Bulacan Longos 12-13 Sep 2019 19 Feb 2020 Bulihan 19-20 Aug 2019 Municipality of Calumpit, Pio Cruzcosa, San Marcos, and 13-15 Jan 2020 Bulacan Calumpang Palimbang, Iba Este, Iba O’este, 16-20 Jan 2020 and Corazon Balungao, Poblacion, and 21-24 Jan 2020 Gatbuca Municipality of Apalit, Sulipan 23-25 Sep 2019 Pampanga San Vicente 26 Sep 2019 Municipality of Minalin, Lourdes 20 Dec 2019 Pampanga Municipality of Sto. Tomas, Poblacion, San Matias Sapa, 21-22 Aug 2019 Pampanga and Moras dela Paz City of San Fernando, Baliti, Sindalan, Malpitic, and 7-9 Oct 2019 Pampanga Calulut Maimpis, Quebiawan, and San 10, 23, 25, and 28 Oct 2019 Agustin Sto. Nino, Dolores, and Lourdes 4, 5, and 13 Nov 2019 Sta. Lucia, San Pedro Cutud, 14, 15, 18, and 19 Nov 2019 and San Nicolas Pulung Bulu 20-21 Nov 2019

LGU Barangay Date Conducted Maimpis for Community - Mortgaged Program (CMP) validation City of Angeles, Pampanga Sto. Cristo, Pulung Bulu, and 28-29 Jan 2020 Lourdes Sur Lourdes Sur East, Claro M. 30 Jan-3 Feb 2020 Recto, and Santa Teresita Malabanias 4-7 Feb 2020 Balibago 10-12 Feb 2020 Mabalacat City, Pampanga Dolores and Lakandula 18-19 Jul 2020 Source: DOTr.

24. The participation of the NHA in validation activities was instrumental in substantiating the master list to determine APs already enrolled in government housing programs. The NHA pre- qualification process will validate the number of APs requiring assistance relocating to public rental housing facilities to be set up in each LGU with support from the DOTr. The DOTr will utilize the validated data to plan with each LGU the provision of public rental facilities for AHs unqualified for government housings due to a previous record in receipt of such assistance. What is critically required is the assessment of available rental facilities to be used as temporary housings while AHs are waiting for the completion of their housing units by the NHA. The DOTr in collaboration with LGUs already established a database of available rentable facilities and their prevailing rental rates within the LGUs. The information is valuable in planning and implementing the provision of temporary accommodations for all APs/AHs under the project.

B. Status of Consultation, Participation, and Disclosure 25. Meaningful consultations have been conducted to ensure issues, concerns and voices of AHs are incorporated during the project preparation. Information, education, and communication meetings with concerned LGUs were conducted to disclose initial information about the project, prior to any RAP-related activities. Also, stakeholder consultation meetings (SCMs) have been conducted with AHs/APs during FS and DD phases.

26. During the first round of SCMs in the DD phase, the DOTr disclosed updates on the project and information of RAP activities and held an open forum. During the second round of SCMs in the DD phase, the DOTr disclosed the final compensation package, relocation sites, and the LRIP. Focus group discussions (FGDs) were conducted to substantiate the data gathered with affected business sectors and vulnerable groups during SES. Information about the project is accessible to the public through respective websites of ADB, JICA, and the DOTr.

27. In March 2020, 12 meetings were conducted during the second round of SCMs in Malolos- Clark and Solis-Blumentritt sections by DOTr. A total of 1,536 participants attended the consultation meetings with gender disaggregation of 690 males and 846 females. The summary records of the second round of the SCMs are presented in Table II-5, and main issues and concerns raised during the meetings are summarized in Table II-6.

Table II-5: Summary of the Second Round of SCMs in the DD Phase2

2 The second round of SCMs for non-landowners in the NSCR Clark Extension were scheduled to be held in six LGUs from 11 to 26 March 2020. Due to the ECQ, however, nine out of 11 SCMs were cancelled by LGUs. DOTr will hold the cancelled SCMs in May 2020 in consultation with each LGU.

LGU Venue Date and Participant No. of AP Time Participants M F Total Malolos-Clark Section Malolos City, Aldaba Hall, City 17 Jan 2020 APs, barangay LGUs 6 10 16 Bulacan of Malolos 2:00 p.m. (BLGUs), DOTr, PNR, Integrated School NHA, ADB, JDT, and (Malolos Central EcosysCorp, Inc. School), Santo Rosario, City of Malolos, Bulacan Municipality Covered Court, 17 Jan 2020 APs, BLGUs, DOTr, 65 107 172 of Calumpit, Calumpit 8:00 a.m. PNR, NHA, ADB, JDT, Bulacan Municipal and EcosysCorp, Inc. Hall Compound, Calumpit, Bulacan Municipality Sanguniang 16 Jan 2020 APs, BLGUs, DOTr, 39 46 85 of Apalit, Bayan Session 8:00 a.m. PNR, NHA, ADB, JDT, Pampanga Hall, Brgy. San and EcosysCorp, Inc. Juan, Apalit Municipal Hall, Municipality of Apalit, Pampanga Multi-purpose 11 Mar 2020 APs, DOTr, LGU, 59 61 120 Hall, Apalit 1:30 p.m. PNR, DHSUD, NHA, Municipal Hall, GCR, and ADB Apalit, Pampanga Municipality Barangay Hall, 16 Jan 2020 APs, BLGUs, DOTr, 1 5 6 of Minalin, Brgy. Lourdes, 2:00 p.m. PNR, NHA, ADB, JDT, Pampanga Municipality of and EcosysCorp, Inc. Minalin, Pampanga Municipality Technical 15 Jan 2020 APs, BLGUs, DOTr, 14 14 28 of Sto. Training Center, 8:00 a.m. PNR, NHA, ADB, JDT, Tomas, Bondoc Ville, and EcosysCorp, Inc. Pampanga Brgy. Sto. Nino, Municipality of Sto. Tomas, Pampanga Lobby Sto. Tomas 11 Mar 2020 APs, DOTr, LGU, 32 45 77 Municipal Hall, 9:00 a.m. PNR, DHSUD, NHA, Sto. Tomas, GCR, and ADB Pampanga City of San Mini Convention, 14 Jan 2020 APs, BLGUs, DOTr, 137 156 293 Fernando, Heroes Hall, Brgy. 8:00 a.m. PNR, NHA, ADB, JDT, Pampanga San Juan, City of and EcosysCorp, Inc. San Fernando, Pampanga Mini Convention, 14 Jan 2020 APs, BLGUs, DOTr, 96 132 228 Heroes Hall, Brgy. 2:00 p.m. PNR, NHA, ADB, JDT, San Juan, City of and EcosysCorp, Inc. San Fernando, Pampanga

LGU Venue Date and Participant No. of AP Time Participants M F Total City of Legislative 15 Jan 2020 APs, BLGUs, DOTr, 128 163 291 Angeles, Building, Angeles 2:30 p.m. PNR, NHA, ADB, JDT, Pampanga City Hall, City of and EcosysCorp, Inc. Angeles, Pampanga Mabalacat Jade Hall, 24 Jan 2020 APs including 34 24 58 City, Mabalacat City 9:00 a.m. SAMANAKA farmers, Pampanga Hall, Mabalacat, Mabalacat LGU, GCR, Pampanga DOTr, JDT, NHA, and ADB Solis-Blumentritt Section Manila City, Covered Court, 5 Feb 2020 Barangays 218, 224, 79 83 162 Metro Manila Almeda St., Brgy. 9:00 a.m. 227, 228, 348, 350, 244, Tondo, 356, and 359 Manila Source: DOTr and GCR.

Table II-6: Main Issues and Concerns Raised During the Second Round of SCMs in the DD Phase Major Issue/Inquiry/Concern/Opinion Response/Countermeasure

Alignment and Dimension of the PROW • Inquiries about the final alignment and the • The DOTr will provide a location map for easement provided for the PROW APs showing their affected property attached to the NoT. The PROW can be identified based on the ground markings. • Inquiries if the project will utilize the PNR • The project will maximize the existing PNR ROW ROW, however, some areas may be needing to acquire private lands depending on the technical and safety requirements. All the affected lands will be compensated by the DOTr once validated. • Inquiries whether a house will be affected • It is explained that the alignment was under the new realignment in Mabalacat revised due to a change in land area requirements for the project. • Requested for an access road in • Access to their farms will be provided, but Mabalacat because it will be closed to the final plan to fence the boundary of the farmers depot is still under progress. There is an available farmer`s trail, and this trail will remain accessible to farmers. • Inquires if there will be an additional three • The current marking will be followed. If there meters from the current marking is no measurement data accompanying the arrow marking, the area will not be extended. However, it is possible that during construction some may lose access to their homes or businesses. In such cases, the contractor will provide temporary entry. But in cases where APs become land locked and their areas would become permanently inaccessible, additional land may be acquired. Such cases will be subject for further study by the DOTr and Project Team.

Major Issue/Inquiry/Concern/Opinion Response/Countermeasure

• Concern that APs might not have access • Several areas will be affected, especially in during construction even if they are not San Fernando, Pampanga. Such cases are currently affected by the project subject to further study. The DOTr will discuss the matter with the contractors and design team to work out a solution to retain accessibility. For those who would potentially lose access permanently, additional land may need to be acquired. Agreements Between the DOTr and Landowners • Inquiries about processes involved in • Easement agreement is only applicable to easement agreements of the PROW properties that will be impacted minimally. • Inquiries about the Agreement to • The ADRI is given once APs are Demolish or Remove Improvements compensated. (ADRI) Affected Properties • Inquiries on structures tagged with stickers • The DOTr will pay for the affected portions despite being located a few meters away of the structure after validating its structural from the PROW integrity. • PAPs inquire about structures undeclared • It was suggested that APs should declare to the LGU Assessor their properties and pay dues taxes to establish Proof of Ownership. • Concerns whether properties located near • There are ground markings for the PROW hotels in Angeles are affected. and sticker tags for project-affected structures. • Concerns about the demolition of • Part of the contractor’s work is to fence the perimeter walls PROW. • APs can salvage materials from their property once they have been paid. They also have an option to rebuild their property wall. • Inquiries about land-locked properties and • The DOTr will consult with the design team DOTr’s offer for alternative access in order to provide alternative access to landlocked properties. • Clarifications on allowing APs to develop • APs can develop their remaining properties part of their lands unaffected by the if validated as no longer affected by the project project. • Inquired about affected people who were • The DOTr acknowledged that people could not interviewed and are not on the master have been absent during the conduct of the list but their houses were tagged (i.e., validation. However, if their structures were duplex house with only one tag but with tagged even if they were not interviewed two households) then they are considered affected. Those who are not on the list are probably not affected, which is the reason they were not interviewed. There is a cut-off date for the census and tagging activities. Those who were interviewed but are not on the list, their names will be validated, processed and subject for NHA approval for socialized housing. • Inquired on people who were interviewed • APs were allowed to check their names in twice and have stickers but not on the the master list of the DOTr during master list from the barangay consultations. • Concerns on the exclusion of other • If the families were interviewed separately families (total of four in one structure) from during the census and tagging then they the master list should be on the master list. • Concerns that the AP`s structure was not • Only those structures with stickers and tagged, and that the AP was not whose owners were interviewed are qualified. If the AP`s name is not on the

Major Issue/Inquiry/Concern/Opinion Response/Countermeasure

interviewed but her neighbors are included master list and the structure is not tagged, on the list then the person is not considered affected. If the structure is outside the Project ROW it will not be demolished. • Concerns on partially affected structures • All property owners, including those of partially affected structures, in the PNR ROW will be relocated as per project policy. Project Timeline • Concerns on the timeline and issuance of • The DOTr intends to send the NoT in NoT March. • Inquiries on the deadline for the • There is no deadline for the submission until submission of legal documents the issuance of the OTB which would require submission within thirty days. • Inquired on the exact clearing date for • July 31,2020 is the target date for the Apalit constructor to enter the PNR ROW. If the relocation site is not ready, then the rental subsidy will be given. The APs were told to consider only the dates given by the DOTr and reminded them not to transfer until they are told to do so. The Offer to Compensate has yet to be given as well as the 30-day notice prior the actual relocation. Ownership, Titles, and Other Legal Documents • Requests on getting land titles back and • Processing of the titles will take time. The subdividing of titles by the DOTr DOTr will make an agreement with the Registry of Deeds to prioritize those affected by the project. • Concerns on subdividing lands under the • The DOTr`s Local Help Desk will assist APs name of the deceased landowner to process Extra Judicial Settlements (EJS). • Concerns on the pace of transactions for • The DOTr will make a request to the the Certified True Copy (CTC) of titles Registry if Deeds to prioritize the processing of documents of those affected by the project. • APs can seek assistance from the DOTr`s Local Help Desk to ensure the efficient preparation of necessary documents. • Inquiries about having only a Deed of • A Deed of Donation is not a proof of Donation as a proof of ownership ownership. They need to process it first for them to be the legal owners. • Concerns about only having a Deed of • APs with only the Deed of Sale as proof of Sale as proof of ownership ownership must proceed to the Registry of Deeds for the transfer of ownership. • Concerns about properties loaned through • APs should submit all documents showing Pag-IBIG housing and yet to be fully paid proof of ownership. The DOTr will assess the value of the property and deduct the remaining payment from their compensation. • Concerns about properties with owners • A Special Power of Attorney should be and previous owners already residing secured for APs to process the papers and abroad documents needed. • Concern on how to provide proof of • A PNR waiver has to be secured as one of ownership for the animals and about 40 the requirements to prove ownership since banana plants which is their source of said affected area is under PNR ROW. This livelihood is a special case which should be studied for appropriate action/compensation by the Livelihood Team. Entitlements, Compensation, and Payments

Major Issue/Inquiry/Concern/Opinion Response/Countermeasure

• Inquiries on the mode of payment and • The payment will be in the form of a cheque. when APs are going to be compensated There is an assurance that no construction will begin if APs are not fully paid. • Clarifications about the current market • The current market value is generic for a value certain locality and it depends on the lot shape, location, improvement etc. • Clarifications regarding the replacement • The replacement cost of the structure will be cost of the structure the cost to build a similar structure with based on current market prices of materials (without depreciation) and labor cost. The aim is for APs to build a new structure similar or even better than their previous property. • Clarifications if the Bureau of Internal • The current market value will be determined Revenue (BIR) determines the current by the Landbank of the Philippines. market value • Clarifications if housing entitlements are • Legal structure owners will be paid for their given to all APs structures based on replacement cost method. • The DOTr will assist APs in looking for housing options. • There will be no free housing given for APs. • Inquiries on why the legal APs are not • Republic Act (R.A.) No. 7279, the act to qualified for socialized housing provide for a comprehensive and continuing urban development and housing program, states the disqualification of APs who have their own land. Legal APs will be offered economic low-cost housing to which they are eligible. • Inquiries on possible compensation for • The assessment for the business will be affected businesses available at the Local Urban Poor Affairs and Housing Office of their city hall. • Inquiries on possible compensation for • The DOTr will compensate every affected dike improvements structure based on replacement cost method. • Inquiries on the compensation for the • There is an initial assessment conducted fishpond (amount per square meters) but still subject for confirmation by the Landbank of the Philippines. • Inquiries on possible compensation for • Businesses will be compensated once ornamental plants and landscaping validated. • Requested to include compensation for • All privately owned trees to be cleared due to residual trees outside the ROW in the project are subject to compensation to the Mabalacat confirmed owners. A survey was undertaken to identify and tag all affected trees. Ownership of the affected trees is confirmed through a validation exercise together with affected owners and local authorities.

• Inquiries whether there is a gap in tree • The BCDA is a national government agency compensation policies between BCDA which follows national regulations provided and MCRP Project under R.A. 10752. The MCRP Project funded by ADB and JICA follows the project policies based on relevant national laws, including R.A. 10752, as well as ADB and JICA safeguard policies. Where there are differences between the policies, agreed gap filling measures that provide the more beneficial outcome for affected persons is

Major Issue/Inquiry/Concern/Opinion Response/Countermeasure

applied. The MCRP policy ensures compensation at replacement cost as well as other forms of additional entitlements not set out in national laws.. • SAMANAKA farmers in Mabalacat • The DOTr will give a priority to business and proposed hollow block making for an livelihood projects and arrange a meeting alternative means of livelihood since the with Mabalacat LGU to plan alternative project area has a lot of sand and cement livelihood project. resources. • The President of SAMANAKA cooperative • Skills training in carpentry, masonry, and requests for a discussion to better canteen operations will be provided. understand the LRIP framework and to figure out how APs can avail of LRIP assistance. • Inquired on the entitlements of renters • Renters could avail of the NHA relocation package and other entitlements from the project. The structure owner will also be compensated. • Inquired if other children, with their own • Only those who are on the master list could family, could be included in the relocation avail of the relocation package. Additional program of NHA inclusion is no longer allowed and will not be accommodated. • Inquired on entitlements of former housing • Former NHA beneficiaries are no longer beneficiaries who went back to the site qualified for the housing program. The case and will again be affected by the Project. could be under the structure owner– The AP`s brother sold his house in the returnee category. However, this will be relocation site and went back to the PNR subject to further investigation and will be ROW. deliberated by the RIMC (composed of several agencies). The person will also qualify upon the submission of required documents. • Inquired on the compensation of filling • Only the structure will be compensated as used to elevate the area where the per current project entitlement policy. It is affected house was erected difficult to show proof of ownership and how much filling was used to elevate the said area. However, the said issue will be elevated to the concerned committee for further verification. • Inquired on entitlements of people who • The PNR management does not sell any of bought land on the PNR ROW its property in any form including rental rights. The PNR`s general manager issued a memorandum preventing any individual of selling PNR properties. APs Occupying Government Lands • Inquiries on cases where PNR issues • The PNR lot cannot be sold or applied for “Right to Use” to old employees – allowing ownership. them to occupy PNR properties • A memo from PNR General Manager was issued, stating that no “Rights to Use” (PNR land) have been issued, only lease contracts. The houses in PNR ROW may have been due to expired lease contracts and these existing structures in PNR ROW cannot be removed except by the PNR. Source: JDT and GCR.

C. Status of the Grievance Redress Mechanism

1. Establishment of Central Hotline and Local Help Desks

28. In November 2018, the DOTr established and has operated a full-functioning Central Hotline for the project with mobile numbers and e-mail address, which is managed by the DOTr’s Grievance Redress (GR) officers. Information about the Central Hotline has been announced during IEC meetings and SCMs and has been disseminated to all LGUs and barangays concerned. All queries, issues and concerns of APs have been filed and documented in the central database of the DOTr’s Central GRM Team.

29. The DOTr also completed the establishment of the Local Help Desks at each of the eight LGUs in the Malolos-Clark Section. For the Solis-Blumentritt Section, the DOTr already appointed two local GR officers but plans to establish the Local Help Desk at the Manila LGU office at the end of April 2020. Each municipality or city has a single Local Help Desk. As per the request of the mayor of Municipality of Apalit, Pampanga for the establishment of two barangay-level Local Help Desks, however, the Local Help Desk for the municipality will be located separately in Barangays Sulipan and San Vicente. Table II-7 summarizes the status of the Local Help Desk by LGU and the composition of the Local GRM Team at each Local Help Desk.

Table II-7: Status of the Local Help Desk and the Local GRM Team (as of Mar 2020) LGU Status of Help Desk Composition of Local GRM Team Date of Operation Establishment Day Malolos-Clark Section Malolos City, 2 Aug 2019 Every Tue Staff (2) of City Planning and Bulacan Development Office Municipality of 6 Aug 2019 Every Tue Staff (2) of Municipal Planning and Calumpit, Bulacan Development Office Municipality of Apalit, 18 Jul 2019 Every Thu LGU Staff of Barangay San Vicente Pampanga and Barangay Sulipan Municipality of 26 Jul 2019 Every Wed Staff (2) of Municipal Planning and Minalin, Pampanga Development Office Municipality of Sto. 18 Jul 2019 Every Wed Staff (2) of Municipal Disaster Risk Tomas, Pampanga Reduction Management Office (MDRRMO) City of San 12 Jul 2019 Every Thu Staff (2) of Local Housing Office Fernando, Pampanga City of Angeles, 6 Aug 2019 Every Tue Staff (2) of Local Urban Poor Affairs Pampanga and Housing Office Mabalacat City, 3 Jul 2019 Every Wed Staff (2) from the Municipal Planning Pampanga and Development Office Solis-Blumentritt Section Manila City, Metro 24 Apr 2020 Every other Staff (2) of City Urban Settlements Manila (expected) Fri Office Note: Apart from the Help Desk by LGU, the Central Hotline was established in November 2018. Source: DOTr.

2. Establishment of the GRM Team

30. Since November 2018 when the Central Hotline was established, the DOTr has assigned dedicated GR officers for the project whose tasks and responsibilities are focused entirely on the

GRM. GR officers are assigned to the Local GRM Team at the Local Help Desk of each LGU and/or the Central GRM Team at the MCRP PMO in the DOTr's Office of the Undersecretary for Railways.

31. The Local GRM Team is assigned to a specific city or municipality affected by the project and is composed of trained GR officers who are dedicated DOTr staff of the MCRP PMO or LGU representatives. The Central GRM Team is in charge of grievances channeled through the DOTr's central office via the Central Hotline and is responsible for the receipt, acknowledgement, and registry of grievances as well as eligibility assessment.

32. Central GR officers from the MCRP PMO have been deployed to manage the Local Help Desk of the Malolos-Clark Section. The existing Local Help Desk is stationed in various offices of the eight LGUs and is provided with local GR officers to answer inquiries about project concerns, receive complaints, and provide clarification on the matters related to claims and interests of APs. The list of central GR officers on duty are presented in Table II-8.

Table II-8: Composition of the Central GRM Team (as of Mar 2020) No. Staff Affiliation Main Responsibility 1 Community Development GRM RAP Follow up on grievances received from both N2 and Officer (CDO) III, NSCR- Team SC and communicate with team leads to address Ex PMO pending cases 2 CDO III, NSCR-Ex PMO GRM RAP Follow up on grievances received in N2 Section Team 3 CDO III, NSCR-Ex PMO GRM RAP Follow up on grievances received in SC Section Team 4 CDO II, NSCR-Ex PMO GRM GAD Follow up on Gender-Based Violence (GBV) cases Team 5 CDO II, NSCR-Ex PMO Envi. Team Assisting GRM Team every Thursday and Tuesday 6 CDO III, NSCR-Ex PMO Envi. Team Assisting GRM Team every Thursday and Tuesday 7 Project Development Comm. Assisting the operation of Help Desks in N2 and Officer III, NSCr-Ex PMO Team consolidation of grievance database (Public Relation) Source: DOTr.

33. As mentioned in Section 4.1, central and local GR officers attended four training sessions pertaining to the GRM as follows. (i) On 14 and 15 March 2019, the GRM training was undertaken by ADB at Redd Manor Hotel, City of San Fernando for central GR officers in the MCRP PMO and local GR officers. The training covered the GRM`s scope, objective, structure, process, and implementation and monitoring system. During the training, the results of the assessment conducted by ADB on the existing GRM for the RAP were also presented. (ii) On 4 and 5 April 2019, the Help Desk training was held at ADB headquarter for central and local GR officers. The two-day training dealt with (i) the introduction and levelling of expectations; (ii) understanding on the RAP, RAP survey process, purpose and clients of the Local Help Desk; (iii) legal framework; (iv) JICA and ADB guidelines, ROWSA, the DRAM, and relevant Philippine Laws; (v) the entitlement matrix of the RAP ; (vi) EJS process; (vii) types of EJS cases and corresponding solutions for each case; (viii) how to handle complaint and grievance cases; and (ix) roles for handing cases. (iii) On 17 June 2019, the GR iteration workshop was held at the DOTr`s main office in Clark City. Along with local GR officers, the MCRP PMO staff in charge of the

GRM and environment participated in an intensive session to review the GRM process and specific roles of the GRM units or focal points at each level. (iv) On 17 September 2019, the RAP staff in the MCRP PMO attended the training for DOTr coach-facilitators for building LGU capacities held at Joy Nostalg Hotel and Suites, Mandaluyong City. The training was designed to improve the knowledge, attitude, and skills of the DOTr`s central GR officers and provide mentoring for local GR officers on stakeholder communication and grievance redress.

3. Grievances Recorded

34. From the establishment of the GRM through March 2020, a total of 242 grievances or inquiries were received from the eight cities or municipalities in the Malolos-Clark Section and the City of Manila covering the Solis-Blumentritt Section, all of the grievances or inquiries were already marked as resolved as of now. In specific, 241 grievances or inquiries were RAP-related and one environment-related cases. The detailed status of received cases per LGU is illustrated in Table II-9, and the received grievances or inquiries are further classified by common issues as shown in Table II-10.

Table II-9: Status of Grievances (as of Mar 2020) LGU Received Grievances Resolved Grievances Unresolved Grievances

------RAP RAP RAP ment ment ment Others Others Others Related Related Related Related Related Related Environ Environ Environ

Malolos-Clark Section Malolos City, 9 0 0 9 0 0 0 0 0 Bulacan Municipality of 60 0 0 60 0 0 0 0 0 Calumpit, Bulacan Municipality of 9 1 0 9 1 0 0 0 0 Apalit, Pampanga Municipality of 0 0 0 0 0 0 0 0 0 Minalin, Pampanga Municipality of Sto. 0 0 0 0 0 0 0 0 0 Tomas, Pampanga City of San 84 0 0 84 0 0 0 0 0 Fernando, Pampanga City of Angeles, 31 0 0 31 0 0 0 0 0 Pampanga Mabalacat City, 0 0 0 0 0 0 0 0 0 Pampanga Other (Municipality 1 0 0 1 0 0 0 0 0 of Capas, Tarlac) Sub-total 194 1 0 194 1 0 0 0 0 Solis-Blumentritt Section Manila City, Metro 47 0 0 47 0 0 0 0 0 Manila Sub-total 47 0 0 47 0 0 0 0 0 Total 241 1 0 241 1 0 0 0 0 Source: Analysis of GCR RAP Team based on the DOTr`s GRM database.

Table II-10: Type of Received Grievances Type of Grievances No. of Grievances Ownership validation 44 Request for technical outputs 35 Resettlement and relocation concerns 18 Inquiry on tax declaration 2 RAP compensation 56 Technical concerns 3 Inquiry on the timeline 17 Demolition-related concerns 3 Legal consultation 34 Inquiry on the operation of the Local Help Desk 19 Request for realignment 1 Request for a meeting 6 Additional claimants for the RAP 1 Other inquiries 3 Total 242 Source: Analysis of GCR RAP Team based on the DOTr`s GRM database: March 2020.

4. Resources Devoted to the GRM

35. LGUs have yet to allocate dedicated operational funds for the GRM but have committed to provide office space for the Local Help Desk, office furniture and supplies, printing and photocopying services, and internet service, if available. When funds are made available, they will be allocated by means of a MOA with the DOTr through the RIMC. The DOTr`s central GR officers are provided with a new laptop by the MCRP PMO. The GRM Team utilizes IEC materials provided by ADB including project information brochures and posters. For the Solis-Blumentritt Section, on the other hand, the DOTr has tapped SHFC for its support in the reproduction of IEC materials prior to the opening of the Local Help Desk.

36. The DOTr has laid the foundation for the operation of the GRM through the establishment of the Central Hotline, the Local Help Desk, and the GRM central database as well as the assignment of dedicated GR officers. To address grievances and inquiries from APs in an efficient and effective manner, the DOTr plans to deploy more central GR officers assigned to each Local Help Desk and provide capacity building opportunities especially to local GR officers to help them respond to inquiries and concerns from APs on their own even without the central GR officials` feedback and assistance. For the same purpose, the DOTr will also double its efforts to secure required assistance from each LGU through close bilateral consultations. D. Status of Institutional Arrangements for Land Acquisition and Resettlement

1. MCRP Project Management Office

37. As of March 2020, the DOTr`s MCRP PMO has filled a total of 68 positions including 22 positions specifically for the RAP implementation and has planned to keep recruiting new staff. The current 22 staff dedicated for the RAP implementation are tasked with land acquisition, resettlement, livelihood, or the GRM. Table II-11 shows the MCRP PMO`s workforce status.

Table II-11: Personnel Status of the MCRP Project Management Office No. Position No. of Staff 1 Management 2

No. Position No. of Staff 2 Administration and Support 3 3 Public Relations 1 4 Civil Works 6 5 Environment 6 6 Operations and Maintenance (O&M) 4 7 Procurement 6 8 RAP 22 9 Rolling Stock 9 10 Stations 4 11 Utilities 4 12 Legal Affairs 1 Total 68 Source: DOTr.

38. As part of capacity building of the current RAP staff, seven training sessions has been organized in addition to three orientation sessions for new recruits as follows: (i) On 14 and 15 March 2019, the GRM training was undertaken by ADB at Redd Manor Hotel, City of San Fernando for central grievance redress (GR) officers in the MCRP PMO and local GR officers. The training covered the GRM`s scope, objective, structure, process, and implementation and monitoring system. (ii) On 17 June 2019, the GR iteration workshop was held at the DOTr`s main office in Clark City. Along with local GR officers, the MCRP PMO staff in charge of the GRM and environment participated in an intensive session to review the GRM process and specific roles of the GRM units or focal points at each level. (iii) On 17 July 2019, the workshop on ADB Safeguard Policy Statement (SPS) was held at ADB headquarters to improve their understanding on ADB guidelines on involuntary resettlement and ensure the compliance in the course of project implementation. (iv) On 17 September 2019, the RAP staff in the MCRP PMO attended the training for DOTr coach-facilitators for building LGU capacities held at Joy Nostalg Hotel and Suites, Mandaluyong City. The training was designed to improve the knowledge, attitude, and skills of the DOTr`s central GR officers and provide mentoring for local GR officers on stakeholder communication and grievance redress. (v) On 22 November 2019, the workshop on the harmonization of the RAP implementation schedule was organized by the GCR at Brentwood Suites, Quezon City. During the workshop, the MCRP PMO staff in charge of the RAP, environment, and utilities drew up a harmonized work plan for the project in collaboration with GCR counterparts. Also, participants had an opportunity to enhance their understanding on the DOTr`s disbursement procedures and requirements and identify measures to accelerate the implementation of activities required prior to RAP approval by ADB and JICA. (vi) On 7 and 20 February 2020, the ROWSA training seminar for the RAP staff was conducted at Arca North DOTr Office, Valenzuela City. The seminar covered the following topics: (i) land acquisition strategies, (ii) steps for the preparation of the EJS, (iii) acquisition of multi-storied building, (iv) lessons learned from the NSCR project pertaining to the NoT issuance and the operation of the Local Help Desk, (v) LRIP arrangement and process, and (vii) case studies.

2. Partner Institutions

39. Project Inter-Agency Committee. In order to form project-wide partnerships with institutions at the national level, the DOTr and the PNR has prepared the establishment of the Project Inter-Agency Committee (PIAC), which is responsible for overall coordination and policy direction for the project. To this end, a joint memorandum circular has been prepared for signatures of involved agencies for this project, and DHSUD has been coordinating with other NGAs to finalize the circular for the PIAC establishment.

40. Even though the circular has yet to be signed, PIAC was de facto established on 12 December 2018, and PIAC meetings have since been held three times as below: (i) On 12 December 2018, the first PIAC meeting was held at the DOTr`s MRT 3 Depot Office, Quezon City and was attended by the DOTr, PNR, JDT, DOLE, the Department of Agriculture (DA), DTI, the DSWD, the Bureau of Internal Revenue (BIR), the National Anti-Poverty Commission (NAPC), the Housing and Urban Development Coordinating Council (HUDCC, currently DHSUD), and the Department of Agrarian Reform (DAR). During the meeting, representatives from participating agencies discussed (i) the objective of the meeting, (ii) project timeline and RAP activities, (iii) affected households and resettlement, (iv) project entitlements, and (v) RAP implementation arrangements. (ii) On 26 February 2019, the second PIAC meeting was held at the DOTr`s MRT 3 Depot Office, Quezon City and attended by the DOTr, PNR, HUDCC (currently DHSUD), DAR, DA, DTI, DOLE, DSWD, the Department of Environment and Natural Resources (DENR), the Department of the Interior and Local Government (DILG), the Department of Budget and Management (DBM). Main agenda for the meeting was (i) roles and responsibilities of PIAC member agencies and the Technical Working Group (TWG), (ii) the draft joint memorandum circular on the PIAC creation, (iii) presentation of the project`s entitlement matrix, and (iv) PIAC resolution for the TWG creation. (iii) On 26 September 2019, the third PIAC meeting was held at the DOTr`s MRT 3 Depot Office, Quezon City and attended by the DOTr, PNR, HUDCC (currently DHSUD), NHA, SHFC, DOLE, DTI, DSWD, and the Department of Health (DOH). Through the meeting, participating agencies finalized the joint memorandum circular for the PIAC creation and decided on the composition of the TWG under PIAC. 41. According to the finalized joint memorandum circular, PIAC is composed of 12 member agencies presented in Table II-12.

Table II-12: Composition and Member Agencies of the Project Inter-Agency Committee Position Member Agency Chair (1) DOTr Co-chair/Secretariat (1) DHSUD (formerly HUDCC) Member (10) PNR NHA SHFC DILG DTI DOLE DSWD Department of Education (DepEd) DOH DBM

Source: DOTr.

42. Technical Working Group. Under PIAC is the TWG composed of representatives from the concerned PIAC members. The TWG is responsible for drafting policies and resolutions on RAP issues to be approved by the PIAC. During the third PIAC meeting on 26 September 2019, the creation and composition of the TWG was agreed by representatives from agencies, but no TWG meeting has since been held. The TWG will be composed of two sub-committees, that is, (i) TWG for Relocation and Resettlement with seven member agencies and (ii) TWG for Livelihood and Income Restoration with eight member agencies. Table II-13 enumerates the finalized list of TWG members, which is specified in the joint memorandum circular for the PIAC creation.

Table II-13: Composition and Member Agencies of the Technical Working Group Sub-Committee Position Member Agency TWG for Relocation and Chair (1) DHSUD (formerly HUDCC) Resettlement Member (6) DOTr PNR NHA SHFC DILG Presidential Commission for the Urban Poor (PCUP) TWG for Livelihood and Chair (1) DTI Income Restoration Member (7) DOTr DHSUD (formerly HUDCC) NHA SHFC DOLE NAPC TESDA DSWD Source: DOTr.

43. Key National-Level Partners. On 3 September 2019, a memorandum of agreement (MOA) was signed by the DOTr, the PNR, the NHA, and HUDCC, now DHSUD with a view to governing the community-driven resettlement of the informal settler families (ISFs) covered by the MCRP. According to the MOA, each party will assume the following roles and responsibilities. (i) The DOTr, the project proponent with the PNR, shall jointly prepare the implementation plan for the resettlement of ISFs affected by the MCRP in collaboration with the PNR, the NHA, HUDCC (currently DHSUD), ADB, JICA, the JDT, and the GCR and shall disburse the programmed amounts for the ISF resettlement pursuant to the implementation plan. (ii) The PNR serves as the project proponent and the owner of certain ROW segments for the MCRP and will be the eventual owner of to-be-acquired and to-be- completed assets of the project. (iii) DHSUD serves as the resettlement implementation coordinator for the resettlement of ISFs. The agency is tasked with exercising overall administrative supervision over the key housing agencies including the NHA and shall approve the resettlement plan, project implementing rules and regulations, and terms of reference for the MCRP`s ISF resettlement. (iv) The NHA engaged in direct shelter production for underprivileged and homeless citizens will implement the resettlement of the covered ISFs and jointly prepare the implementation plan for the ISF resettlement. It shall also validate the census

mapping and tagging of ISFs which was done by the JDT in preparation of the feasibility study (FS) RAP.

44. In addition, in December 2018, an amended and restated MOA was concluded by the DOTr, PNR, SHFC, and HUDCC, now DHSUD, by which SHFC on behalf of the DOTr will implement the community-driven resettlement of the ISFs covered by the South Commuter Railway Project (SCRP) including the Solis-Blumentritt Section. According to the MOA, each party will assume the following roles and responsibilities. (i) The DOTr, the project proponent with the PNR, shall jointly prepare the implementation plan for the resettlement of ISFs affected by the SCRP in collaboration with the PNR, SHFC, HUDCC (currently DHSUD), ADB, JICA, the JDT, and the GCR and shall sub-allot and disburse the total budget in tranches to SHFC for the resettlement of the covered ISFs pursuant to the implementation plan. (ii) The PNR serves as the project proponent and the owner of certain ROW segments for the SCRP and will be the eventual owner of to-be-acquired and to-be- completed assets of the project. (iii) HUDCC (currently DHSUD), as the resettlement implementation coordinator for the resettlement of ISFs, shall supervise and coordinate the preparation and implementation of the DD RAP for the covered ISFs and periodically monitor and review accomplishments by SHFC of financial and physical milestones based on the implementation plan. (iv) SHFC, tasked with the provision of government housing assistance, shall a) jointly prepare the implementation plan for the resettlement of the covered ISFs, b) implement the community-driven resettlement by utilizing disbursements from the DOTr, c) jointly prepare and implement the DD RAP for the SCRP, d) jointly validate the census, mapping, and tagging of identified project-affected ISFs, and e) provide interim housing assistance for concerned covered ISFs.

45. Site-Specific Partner Institutions. As a site-specific partner, the RAP Implementation and Management Committee (RIMC) has yet to be created in any of the project-affected LGUs during this reporting period. As far as the Local Inter-Agency Committee (LIAC) is concerned, three LGUs, i.e., the Municipality of Calumpit, the City of San Fernando, the City of Angeles has been in process for the LIAC creation.

3. General Consultant

46. The DOTr has engaged the services of a GC for the implementation of the project and mobilized the GCR on 2 September 2019 to assist the MCRP PMO in achieving the efficient and proper preparation and implementation of the project. The GCR is required to provide 15 categories of consulting services to the DOTr including the facilitation of the implementation of the Environmental Management Plan (EMP), the Environmental Monitoring Plan (EMoP), the RAP, and the Gender Action Plan (GAP).

47. Particularly for the RAP implementation, the GCR RAP Team is tasked to assist the MCRP PMO when it comes to “involuntary resettlement, land acquisition, and livelihood restoration”. The composition of the GCR RAP Team is summarized in Table II-16.

Table II-14: Composition of the GCR RAP Team

No. Position 1 A023: Chief Social & Resettlement Expert (N2) with cross support to South Section 2 A024: Social & Resettlement Expert (N2) 3 A102: Social & Resettlement Expert (SC) 4 A103: Social & Resettlement Expert (SC) 5 A104: Social & Resettlement Expert (SC) 6 B060: Social Environment Engineer (Resettlement) 2 7 B079: Social Environnent Expert (Land Acquisition) 3 8 B080: Social Environment Engineer (Resettlement) 3 9 B159: Social Environment Engineer (Resettlement) 6 10 B160: Social Environnent Expert (Land Acquisition) 7 11 B161: Social Environment Expert (Land Acquisition) 8 12 B162: Social Environment Expert (Land Acquisition) 9 13 B163: Social Environment Engineer (Resettlement) 7 14 B164: Social Environment Engineer (Resettlement) 8 15 B165: Social Environment Engineer (Resettlement) 9 16 B311: Social Environment Engineer (Resettlement) 3 17 B413: Social Environment Engineer (Resettlement) 9 18 B414: Social Environment Expert (Land Acquisition) 9 19 B415: Social Environment Engineer (Resettlement) 10 20 C103: Social Environment Assistant 3 21 C104: Social Environment Assistant 4 22 C138: Social Environment Assistant 6 23 C171: Social Environment Assistant 7 24 C172: Social Environment Assistant 8 25 C235: Social Environment Assistant 17 Source: GCR (as of March 2020).

E. Status of the Livelihood Restoration and Improvement Program 48. The DOTr’s RAP Team has conducted validation activities focused on obtaining livelihood information of AHs to be utilized in preparing the livelihood restoration and improvement program (LRIP). The DOTr has organized livelihood coordination meetings with four LGUs: Mabalacat, Sto. Tomas, Malolos, and Calumpit. The DOTr has sought commitments and assistance of other NGAs for the implementation of the LRIP through coordination meetings with the Technical Education and Skills Development Authority (TESDA), the Department of Labor and Employment (DOLE), the Department of Trade and Industry (DTI), the Department of Social Welfare and Development (DSWD), and the Social Housing Finance Corporation (SHFC).

49. The DOTr conducted FGDs to validate current livelihood activities of APs based on the results of a socio-economic survey (SES). The training needs assessment (TNA) was also carried out during the DD stage and will be further validated to determine how many AHs and their members can avail of skills training programs and be assisted by the project. Table II-18 presents the FGD and TNA conducted during this reporting period.

Table II-15: Summary Records of FGD and TNA (Sep 2019-Mar 2020) LGU Venue Date Name of Meeting No. of AP Participants M F Total Malolos-Clark Section

Municipality Minalin Municipal 12 Feb 2020 Pre-Stakeholder 3 2 5 of Minalin, Hall Consultation Meeting Pampanga (SCM) with Resident Business Operators Mabalacat SAMANAKA 4 Feb 2020 Pre-FGD with 14 3 17 City, office located at SAMANAKA Multi- Pampanga the depot area purpose Cooperative

YUMI farm 4 Feb 2020 Pre-FGD with the 12 8 20 located at the business owner of depot area YUMI Clark Agro, Inc. YUMI farm 12 Feb 2020 Social Preparation 13 2 15 located at the TNA for the Business depot area Owner and 13 Employees of YUMI Clark Agro, Inc. SAMANAKA 13 Feb 2020 Social Preparation 5 9 14 office located at TNA for 17 the depot area SAMANAKA Farmers Barangay 14 Feb 2020 Social Preparation 7 7 14 Lakandula TNA for Two extension area Affected Persons in Barangay Lakandula Sapphire Hall, 22 Jan 2020 Pre-SCM for 24 20 44 Mabalacat City SAMANAKA Multi- Hall purpose Cooperative and YUMI Clark Agro, Inc. Source: GCR.

50. After several rounds of livelihood coordination meetings with Mabalacat LGU, DOTr prepared the resolution for the Sangguniang Panlungsod in collaboration with the PNR, the NHA, and Mabalacat LGU. The Sangguniang Panlungsod resolution, “Granting Livelihood and Other Social Services Assistance to the Project-affected Persons (PAPs) in NSCR-Ex Project in Mabalacat City” aims to efficiently manage livelihood-related activities and effectively coordinate with the government and non-government offices concerned. The following are the detailed commitments: (i) Mabalacat LGU recognizes the importance of an efficient railway system in providing a reliable means of transportation. (ii) Mabalacat LGU will support the implementation of the DOTr`s NSCR-Ex Project which will traverse the territorial jurisdiction of Mabalacat City. (iii) Mabalacat LGU will affirm its support and commitment to the project by providing livelihood and other social services assistance to PAPs within the jurisdiction of Mabalacat City. (iv) The DOTr, PNR, NHA, and GCR will work closely with the City Planning and Development Office (CPDO), the City Employment Service Office (CESO), the CSWDO, and CAO to ensure that all APs will be provided with all the assistance and social safety nets to ensure that they will be able to recover in the soonest possible time.

III. SAFEGUARDS PERFORMANCE MONITORING A. Compliance with RAP 51. Substantial accomplishments for preparatory works prior to the RAP implementation have been made during the reporting period from September 2019 to March 2020. The DOTr has completed critical activities required before RAP approval.

52. The project has made significant progress in the following areas: (i) institutional arrangements for resettlement implementation, (ii) adequacy of resettlement planning, and (iii) consultation and grievance redress mechanisms. DOTr has formed a team to implement the RAP. It has mobilized its partner agencies to provide capacity building for MCRP-RPMO to ensure that project staff are aware on ADB and JICA safeguard policies.

53. DOTr conducted meaningful consultation with APs and established a grievance redress system to ensure that all concerns of the APs are addressed. DOTr, in partnership with the LGUs, is able to effectively address questions about the project during community consultations. There are structures to ensure that all institutional arrangements are in place in support of resettlement activities. B. Key Issues and Implementation Challenges 54. The following are the identified challenges and key issues that hamper the effective implementation of resettlement planning.

Table III-1: Identified Key Issues Areas of Concern Key Issues and Implementation Recommendations Challenges 1. Status on Some APs were not available or refused The DOTr will establish a procedure Updating the to be interviewed during validation to implement the DD RAP for DD RAPs survey; Mabalacat to be approved as well as deploy the personnel to carry out the The finalization of DD RAPs has been DOTr`s commitments and support for delayed due to concerns pertaining to the Mabalacat LGU. contractual arrangement between JICA and JDT. DOTr will complete the updating of DD RAPs for the Malolos-Clark Section. The RAP submission to ADB for its review is scheduled to be on 30 May 2020 for the DD RAP for landowners and in July 2020 for the DD RAP for non-landowners. 2. Consultation, Nine out 11 SCMs slated for March 2020 As part of the DD RAP finalization, Participation, were cancelled due to the enhanced the DOTr together with the GCR will and Disclosure community quarantine (ECQ); seek and implement an alternative means for the conduct of second Traditional face-to-face gatherings for SCMs for non-landowners, which consultations are not allowed during were cancelled due to the ECQ. community quarantine.

Areas of Concern Key Issues and Implementation Recommendations Challenges 3. Grievance Lack of human resources in MCRP PMO The GRM at all LGUs will be Redress (central GR officials); reinforced after the ECQ in time for Mechanism the issuance of the NoT for all Lack of capacity of local GR officials to landowner AHs/APs in Malolos to address issues and concerns at the local Angeles. level; and

Restrictions on the accessibility of the Local Help Desk due to the ECQ. 4. Institutional Delay in recruitment of additional MCRP In order to facilitate the RAP Arrangements PMO staff; and implementation, the DOTr will for Land expedite the signing of the joint Acquisition Delay in the conclusion of agreements memorandum circular by partner and with LGUs pertaining to the partnership agencies for the PIAC creation and Resettlement for the RAP implementation. the signing of the MOA by the LGUs concerned for the RIMC creation. Specifically, the DOTr will collaborate with the LGUs concerned on the provision of public rental facilities and temporary accommodations for AHs while waiting for the NHA’s completion of housing facilities in designated resettlement sites.

The DOTr will expedite the release of its funds to the NHA for construction of housing units in designated relocation sites as decided with AHs in accordance with the Community- Based Initiative Approach (CBIA) process.

IV. PROPOSED MAJOR ITEMS OF FOCUS FOR THE NEXT REPORT 55. The next semi-annual report will be focused on the progress of implementation of social safeguard activities which are summarized below: (i) Finalized DD RAPs That Are Compliant with ADB and JICA Safeguards Policies • Clearly stated entitlement provisions in the DD RAP • Availability of the SES database based on the DD RAP survey • Verification of the replacement cost study • Establishment of the internal monitoring system and availability, accessibility, and adequacy of internal monitoring reports (ii) Institutional Arrangements for Resettlement • Recruitment by the MCRP PMO of its staff with adequate knowledge and experience for the RAP implementation • Effectiveness of capacity building measures undertaken • Establishment of PIAC • Establishment of the RIMC

• Availability of required funds with the DOTr • Funds allocated to KSAs according to the schedule (iii) Delivery of Entitlements • Compensation disbursed according to the entitlement matrix • Entitlements disbursed on time and before displacement • Adequate time given for self-relocation • Availability of social housings with lots provided • Tenure instruments issued such as land titles, contracts, and agreements • ISFs provided with adequate information to avail of social housings • Participation of ISFs in the selection and design of social housing locations and options • Satisfaction of AHs on the quality of social housing awarded • Availability of social infrastructure at social housing sites • Availability of transitional rental assistance until permanent housings are ready for occupancy • Project assistance for APs who opt for self-relocation • Project assistance for APs who opt for assisted relocation • Timely disbursement of assistance to APs • Special assistance to vulnerable APs during resettlement (iv) Grievance Redress • Availability of information on grievance resolution • Timing of grievances redressed • Proper communication of grievance resolutions to APs (v) Livelihood and Income Restoration • Inclusion of APs in rehabilitation programs (women, men, and vulnerable groups) • Availability of vocational/entrepreneurial training • Availability of soft loans for APs • Adequacy of vocational/entrepreneurial training • Availability of employment activities • Degree of satisfaction with livelihood programs • Successful enterprises launched • Improved income for displaced persons • Improved standard of living for displaced persons • Availability of alternative livelihood for land-based APs