Water District Development Sector Project: Tanjay Water District

Social Safeguards Due Diligence Report

December 2020

Philippines: Water District Development Sector Project – Tanjay Water District

Prepared by Tanjay Water District for the Local Water Utilities Administration and the Asian Development Bank.

This social safeguards due diligence 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. Social Safeguards Due Diligence Report

December 2020

Philippines: Water District Development Sector Project

TANJAY WATER DISTRICT

Prepared by Tanjay Water District for the Local Water Utilities Administration and the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 10 December 2020)

Currency unit – peso (Php) Php1.00 = $0.02076 $1.00 = Php 48.1786

ABBREVIATIONS

ADB – Asian Development Bank AH – Affected Household AP – Affected Person CARP – Comprehensive Agrarian Reform Program CDTA – Capacity Development Technical Assistance DDR – Due Diligence Report DENR – Department of Environment and Natural Resources DMS – Detailed Measurement Survey EA – Executing Agency EMP – Environmental Management Plan ESMR – Environmental and Social Monitoring Report GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism HH – Household IP – Indigenous Peoples LM – Lineal Meter LGU – Local Government Unit LWUA – Local Water and Utilities Administration MTC – Municipal Trial Court NRW – Non-Revenue Water OSPF – Office of Special Project Facilitators PIB – Public Information Booklet PIU – Project Implementation Unit PMU – Project Management Unit RF – Resettlement Framework ROW – Right-of-Way RP – Resettlement Plan RTC – Regional Trial Court SES – Socio-Economic Survey SPS – ADB’s Safeguard Policy Statement (2009) TOR – Terms of Reference TWD – Tanjay Water District UPVC – Unplasticised Polyvinyl Chloride WD – Water District WDDSP – Water District Development Sector Project WDGRC – Water District Grievance Redress Committee WTP – Water Treatment Plant

NOTE In this report, "$" refers to US dollars.

Social Safeguards Due Diligence Report – Tanjay Water District TA-9103 PHI: Water District Development Sector Project CDTA for Water District Development Sector Project (Contract No. 41665-013) Table of Contents

TABLE OF CONTENTS

A. PROJECT BACKGROUND ...... 2 B. SCOPE OF REPORT...... 2 C. SOCIAL SAFEGUARDS ASSESSMENT ...... 8 D. CATEGORIZATION ...... 9 E. MITIGATION MEASURES ...... 9 F. CONSULTATION AND PARTICIPATION ...... 10 G. GRIEVANCE REDRESS MECHANISM ...... 15

TABLES

Table 1: Scope of Works ...... 2 Table 2: Impact Description...... 8 Table 3: Mitigation Measures ...... 9 Table 4: Summary of Activities Conducted ...... 10 Table 5: Summary of Issues and Concerns Raised during Public Consultation ...... 11 Table 6: Site Photos ...... 17 Table 7: Project Entitlement Matrix ...... 18

APPENDICES

Appendix 1 Involuntary Resettlement Impact Categorization Appendix 2 Indigenous Peoples Impact Categorization Appendix 3 Public Consultations Proceedings Appendix 4 Land Acquisition Report

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SOCIAL SAFEGUARDS DUE DILIGENCE REPORT TANJAY WATER DISTRICT

A. PROJECT BACKGROUND

1. Rapid urbanization and inadequate water supply and sanitation investments have stretched to the limit the capacity of services and facilities in many urban areas outside Metro Manila, and increased water resources pollution. Less than 50% of urban households are estimated to have piped water, with most served by WDs. Various studies report that WDs provide better water service compared to local government unit (LGU)-run water utilities, and attribute this to corporatization (i.e., WDs do not receive subsidies from LGUs) and to access to financing, training and technical assistance from LWUA.

2. The Project will provide to WDs much-needed funds to rehabilitate and expand water facilities, strengthen institutional capacities, and enhance sustainability. According to LWUA, 511 WDs were operational at year-end 2012. Most WD operations are plagued with low profitability, high nonrevenue water (NRW) levels, and weak institutional and limited technical capacity; over half are relatively small (with <3,000 service connections). The Project will target WDs who rely primarily on LWUA for technical support and financing; these WDs are likely to be in less developed provinces, cities and municipalities.

3. The Resettlement Framework was developed in 2014 and locations of subprojects have been finalized in 2019 requiring further due diligence for social safeguards.

4. Not all of the population of Tanjay has access to potable water supply. TWD has only covered 49% of the total population of the 24 barangays. With limited funds to finance expansion projects and failure to tap additional sources of supply service area coverage remained low at less than 50%. In addition, some of the barangays are located in the upland portions of the city which are hard to reach or inaccessible. Based on the 10-year business plan, the WD had pinpointed strategic locations for ground water resource improvements to address the issue and thereby improve access to safe and potable water for the people of Tanjay.

B. SCOPE OF REPORT

5. This Due Diligence report covers Tanjay sub-project activities grouped into three (3) contract packages as indicated in the table below. The report will detail the screening of the project activities for potential IR and IP impacts

Table 1: Scope of Works Packages Description Well Drilling Project • Drilling of two (2) exploratory/production wells Procurement of • Rehabilitation/improvement of existing water treatment plant; Various Equipment, • Purchase of service connection materials; Instruments and • Purchase of office furniture, computer sets and equipment; and Furniture • Purchase of plumbing tools and equipment. Design and • Improvement of new Mangoto River Intake; Construction of • Pipelaying of estimated 29,221 lineal meters of transmission/distribution Tanjay Water lines will be laid to extend and expand the service area coverage; Supply System • 200 m³ reservoir;

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Packages Description • Electro-mechanical equipment, generator sets, chlorinating equipment (Hypochlorinator), pump house and site development for the two (2) wells; and • Supply and installation of powerline extension and distribution transformers for the two (2) proposed wells

Location Map of the Recommended Improvements are as follows:

Location of Proposed Sta. Cruz Production Well (Lat 9°30'42.60"N, Long 123° 5'15.05"E)

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Location of Proposed LGU Motorpool Production Well (Lat 9°31'4.12"N, Long 123° 8'17.84"E)

Map of the estimated 1,356 lm transmission line of raw water from the New Intake Structure to the WTP with a minimum capacity of 70lps.

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Map of the estimated 11,000 lm transmission line from the existing WTP to the Elevated Steel Reservoir of the Main Office with a minimum capacity of 90lps or a combined output of 160 lps with the existing transmission line.

Map of the Estimated 3,500 lm uPVC new distribution mains interconnected to the New North National Highway Distribution Mains from Proposed Well Site No. 3 Sta. Cruz Nuevo.

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Map of the Estimated 4,160 lm uPVC New Distribution Mains along North National Highway from Proposed Well Site No. 1 Adolfo Homes to Sta. Cruz Viejo.

Map of the Estimated 2,004 LM Rehabilitation of Brgy. Tugas Km. 27+598 to Km. 29+500 uPVC Distribution Mains along South National Highway.

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Map of the Estimated 1,051 LM Rehabilitation of Brgy. Tugas Km. 29+500 to Globe Office along South National Highway.

Map of the Estimated 6,150 LM Rehabilitation of San Isidro uPVC Distribution Mains.

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C. SOCIAL SAFEGUARDS ASSESSMENT

6. This due diligence has been carried out within the framework of the ADB Social Safeguards Policy Statement.

7. The assessment has been informed by project plans (e.g. engineering designs), field visits to each sub-project site or representative sites in the case of assessment of likely construction impacts. Time constraints did not permit village consultations, but minutes and a table of completed consultations are included here Appendix 3.

Table 2: Impact Description Packages Description Land Acquisition Status Drilling of two (2) exploratory/production wells • 200 m² for the Proposed Well Site No. 1 in Brgy. Sta. Cruz owned by [name redacted] to be acquired through Deed of Donation. The lot is free from any temporary or permanent structures. [name redacted], the CLOA beneficiary, has been awarded of 5,300 m² of agricultural lot. The 200 m² donated lot is just a portion of it. The titling of the donated lot shall be at including Well Drilling TWD’s expense tax obligations and shall be Project coordinated with DAR. (See Appendix 4) • 200 m² for the Proposed Well Site No. 2 in Brgy. San Isidro to be acquired through Deed of Donation from LGU. The voluntary donation was approved by the Sangguniang Panlungsod thru their Resolution No. 20-543. The lot is free from any temporary or permanent structures. (See Appendix 4) • Rehabilitation/improvement of existing None – Materials/Equipment Procurement of water treatment plant; Provisions Only Various • Purchase of service connection materials; Equipment, • Purchase of office furniture, computer Instruments sets and equipment; and and Furniture • Purchase of plumbing tools and equipment. • Improvement of new Mangoto River Land acquisition for the Design and Intake; proposed 200 m³ reservoir will Construction of • Pipelaying of estimated 29,221 lineal be determined along the Tanjay Water meters of transmission/distribution lines Mangoto Transmission Line Supply System will be laid to extend and expand the upon completion of the detailed service area coverage; design.

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Packages Description Land Acquisition Status • 200 m³ reservoir; • Electro-mechanical equipment, generator sets, chlorinating equipment (Hypochlorinator), pump house and site development for the two (2) wells; and • Supply and installation of powerline extension and distribution transformers for the two (2) proposed wells

D. CATEGORIZATION

8. Based on the assessment of planned works, all civil works will be conducted within the ROW and within a further limited COI to avoid impact. The work will have no impact on primary structures, secondary structures, agricultural land, crops, trees and/or personal/communal assets. As there will be temporary disturbance but no anticipated economic displacement or business disruption a functional GRM is of utmost importance.

9. Planned land acquisition is via voluntary donation. Documents to verify this process is contained within Appendix 4.

10. The Project is therefore categorized as C for involuntary resettlement impacts as per ADB’s Safeguard Policy Statement, 2009 (SPS) and the checklist can be found in Appendix 1.

11. To trigger the IP safeguard policy statement, the proposed sub project will impact (positively or negatively) people who:

(i) Self-identify as members of a distinct cultural group which is recognized by others; (ii) Have a collective attachment to geographically distinct territories; (iii) Have cultural, economic, social or political institutions that are separate from ; and (iv) Have a distinct language.

12. Sociocultural groups therefore need to be both distinct and vulnerable to trigger application of the term Indigenous Peoples in the SPS for ADB-supported projects.

13. This sub-project does not impact on any households, structures or land who meet the above criteria. The sub-project is therefore categorized as C for Indigenous People as per ADB’s Safeguard Policy Statement, 2009 (SPS) and the checklist can be found in Appendix 2.

E. MITIGATION MEASURES

14. Proposed mitigation measures to minimize risk of potential impacts are summarized in the Table 4. This sub-project does not trigger ADB SPS for IR as there is no involuntary land acquisition and any disruption of access will be temporary. Therefore, the mitigation measures shown below will be described within an Environmental Management Plan (EMP). 15. These mitigation measures will also be detailed in the bidding documents and contractor TORs and reported on in the integrated ESMR which will be submitted twice a year.

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A functional Grievance Redress Mechanism will be integrated into the current customer services feedback mechanism that has already been developed by Tanjay Water District.

Table 3: Mitigation Measures Potential Impacts Mitigation Measures Detailed in: Impact to any existing Contractor will restore to the original EMP, bidding documents and road or pavement condition. WDGRs of contractors. surfaces, Restricted access to Avoid disturbances by carrying out EMP, bidding documents and residences and works overnight and reducing traffic TORs of contractors. commercial premises due disruption during the day using metal to replacement / sheeting. installation of pipelines. All works will be within Avoid blocking access to properties the ROW but there may alongside the road during any be traffic disruption. construction activities;

Provide steel sheets to reduce access issues Unanticipated impacts – GRM to be set up and integrated into EMP, bidding documents and Management of current system, single point of entry, TORs of contractors. construction contractors to be aware, signboards at construction locations and in Barangay office to inform any affected person of entry point into GRM. Ensure contractor implements agreed measures to reduce impact and temporary disturbance. Unanticipated impacts Any unanticipated resettlement EMP impacts will be subject to mitigation measures as detailed in the entitlement matrix. Chance finds during the Cultural Chance Finds Protocol as EMP rehabilitation/excavation provided by the National Museum Act activities of 11333 of 1998

F. CONSULTATION AND PARTICIPATION

16. A stakeholder consultation and participation were implemented as part of the preparation and implementation strategy. This were done to address the stakeholders’ needs and disclosure of the project details and the benefits they shall receive. The consultation process during the project preparation has solicited inputs from stakeholders, including government officials.

17. Key stakeholders were consulted during the project preparation, EMP implementation, and project implementation includes (i) Local NGOs (ii) WDs representatives and consultants, and (iii) ADB representatives.

22. The public consultation activities conducted by the TWD with its stakeholders were carried out on 13-17 July 2020 which involved ten (10) barangays affected by the project. Health and safety protocols, and guidelines for the prevention of COVID-19 infection were observed during the conduct of the public consultations.

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24. The summary of the activities conducted is presented in Table 4 while the issues and concerns raised are summarized in Table 5.

Table 4: Summary of Activities Conducted Number of Date Activity Location Remarks Attendees July 13, 2020 40 Brgy. Polo 14 Brgy. San Miguel July 14, 2020 14 Brgy. Azagra Presentation of 20 Brgy. Obogon the proposed July 15, 2020 Public 26 Brgy. Sta. Cruz Nuevo project and its Consultation 11 Brgy. Sta. Cruz Viejo details, and July 16, 2020 31 Brgy. Manipis purpose of the 14 Brgy. San Jose project July 17, 2020 21 Brgy. San Isidro 25 Brgy. Tugas

Table 5: Summary of Issues and Concerns Raised during public consultation Group Represented/ Issues/Concerns Raised Response Representative Proponent’s Brgy. Polo (July 13, 2020) Mr. Robert Bajana Said that it was mentioned by There was an invitation for the SP Member Domiciano Barangay Council to the Catubig that water will come TWD Board's meeting to from Azagra to Polo. discuss whatever assistance can be extended to Brgy. Polo but the Brgy. Chair failed to attend. He asked what will the people TWD replied that only needs do in order to reach the water cooperation from the people to their household (HH) taps. re the Right of Way for the pipes to pass along from the Mangoto Source down to Polo. Kag. Judy Managat Also asked what the Barangay TWD replied to help on the Council's contribution re the Rights of Way where the pipes implementation of the project. will pass to avoid delay of the project. Added that there is an Assured that TWD is delivering assurance from the TWD of safe and potable water to the water since it is safe to drink concessionaires' tap. and considering the effort of getting water from a distant source. Mr. Gerard Borromeo Said that since birth was not TWD replied that hopefully able to experience abundance the project would be a success of water and until now. and without delays on the implementation. Brgy. San Miguel (July 13, 2020) Brgy. Chair Nanelita Salva Asked if the Bunlas Spring will TWD replied that the Bunlas not be affected which is Spring will not be affected. serving their Barangay. Also give assurance to help re The pipes will be buried 1 to the Right of Way where the 1½ meters below the ground. pipes will pass. Added to seek assistance to TWD replied to pass resolution help them re Bunlas Spring seeking TWD's assistance to because people in the upland be addressed to the Board of Page-11

Group Represented/ Issues/Concerns Raised Response Representative Proponent’s area will manipulate the pipes Directors. leaving the lowland with no water and will create tension. Mr. Lorenzo T. Sedigo To request to put distribution TWD replied to make request lines going to Sitio addressed to the BOD of TWD Kabulanonan Mr. Rogelio B. Dingal Said that the Bunlas Spring It is not for domestic use. was constructed by the NIA for irrigation purposes. Brgy. Azagra (July 14, 2020) Mr. Rey Salva Said re the presented project TWD replied that the that as of now if the trans Contractor will decide since line will pass through San they will make the design. Miguel to Polo it would be difficult considering that the lots are under the CARP and as heard this coming December is the turnover. If the trans line will pass through the existing line there will be no problem. Mr. Oscar G. Limbaga Said that once the lot under TWD replied that if there is a CARP will be turned-over to possibility of the pipes to pass the new owner it would be along that lot it is easy for us to easy to talk to the new owner. ask the new owner the Right of Way. Mr. Rey Salva Said that upon survey if there TWD replied expressing thanks is somebody who will oppose for the assurance. they are willing to help. Ms. Wilma Ybias Said that some of the lot TWD replied expressing thanks owners of the existing Right of for the help that would be Ways acquired are her close extended to the District. relatives and she can also help. Brgy. Chair Bryan Paul Gaso Also added that they are TWD replied expressing thanks willing to give assistance once for the assurance. the project is implemented. Brgy. Obogon (July 14, 2020) Mr. Florencio Catacutan Asked if the period of 360 days TWD replied that all are laying implementation of work will be of pipes and if no hindrances realized. on the Right of Way the project will be finished hopefully ahead of time as scheduled. Also asked if the bidding of the TWD replied that bidding project has been done. procedure is ongoing in fact site visitation is scheduled on July 16, 2020 and the Pre Bid Conference will be on the 17th. Mr. Clarito M. Lagman Said that when we come to the TWD replied to call the TWD office to air our clamor of attention of the personnel in- no water, the personnel will not charge and asked apology for give us specific reason why our not giving specific reply. area has no water. Ms. Grace Pancho Aired that there are black TWD replied that the screen of particles found in the water, the Cogon PS below the although the flow of water is ground is leaking that's why Page-12

Group Represented/ Issues/Concerns Raised Response Representative Proponent’s strong but we noticed that after manganese and sand will a week there are dirt and the surface out. Also added re the smell is foul. foul smell that we will be adding a pipe to adjust the depthness of the well. She also added to air over the TWD replied that's why all the radio in case of water distribution lines in Obogon interruption so we can store were replaced by PVC. water. She also said that before they TWD replied that's why all the were drinking the TWD water distribution lines in Obogon direct from the tap but stop were replaced by PVC. when she saw the rusty dripping water from the pipe which she alledgedly said might be the cause of stomach aches of her children. Mr. Nicolas Torres Said that they have been TWD replied that there are experiencing no water for a some connections not yet long time now. transferred to the new line and materials for tapping are still unavailable due to the pandemic. Brgy. Sta. Cruz Nuevo (July 15,2020) Mr. Bonifacio Minerva If the pipes will pass by our TWD replied that the pipes lot what benefit we can get will be buried 1 to 1½ meter from the Tanjay WD. below the ground. is the water free? TWD replied that the water is not free but the crops, plants or trees that will be damaged upon the laying of pipes will paid by the contractor. Mr. Carlito Macay Asked what are we going to TWD replied that if on a zero do when we keep on paying consumption to voluntarily and we do not have water. request for a disconnection and TWD will get the water meter. Mr. Ananias Berganio Said that at the time of Mr. TWD replied to take action on Martiniano Limatok they have the matter. abundance of water. He added that the newly installed connections were placed under their connection Mr. Filesardo Navarro Said that probably there are TWD replied to take action on roots inside the pipelines. the matter. Brgy. Sta. Cruz Viejo (July 15,2020) Mr. Paul Martinez Asked re tank at Sta. Cruz TWD replied that the said Nuevo since before it supplied tank was condemned since the whole of Sta. Cruz. leaks were found out and it collapsed. Also said that the water will TWD replied that they conduct only flow around 4:00-5:00 pm valving at 3PM on some areas and aired that it will not flow in and will take time to flow since the morning and heard that they will flush the water to they will close the connection avoid airlock.

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Group Represented/ Issues/Concerns Raised Response Representative Proponent’s and opened the one with the piggery Also added that the water TWD replied to take action on meters are stucked up with dirt. the matter. Mr. Rogelio Castro Jr. Said that at his Mother's TWD replied that they are still residence the flow is good but connected at the old pipeline when the pipe (4") was and added that will make changed to 2" the flow has follow-up on the materials for stopped. transfer. Said that probably there are TWD replied to take action on roots inside the pipelines. the matter. Brgy. Manipis (July 16,2020) Brgy. Chair Stanley Saycon Said that they don't have any TWD replied that the District problem when it comes to has a plan to put up distribution water distribution in the lines from San Jose passing Barangay since we have through Barangay Manipis then existing source distributed to to Barangay Sta. Cruz. different households within the barangay. He also added that the previous Barangay Chair will donate a lot in Sitio Maralag for additional source and is just waiting the funds coming from the province. Brgy. San Jose (July 16,2020) Brgy. Chair Cristin G. Salire Said that when it come to the TWD replied with gratitude acquisition of lot for the TWD's for the assurance to help. additional Pumping Station the Barangay can help in scouting the lot. Ms. Beverly Olita Said to make a formal letter TWD replied well taken. request as support to the document needed such as the recent assessed value of the lot. Brgy. San Isidro (July 17,2020) Ms. Mary Ann Guzarem Aired that water will stop and TWD replied that there are resume around 12:00 to 4:00 areas in San Isidro with low pm water pressure to no water at that time. Ms. Jocelyn Zerna Said that they experienced TWD replied re the foul smell smelly water which is hard to that we will be adding a pipe to drink. adjust the depthness of the well. Ms. Aldressa G. Campaner There is no problem in the TWD replied that once all the water as long as there is water pipes will be replaced assured to be used for laundry and to look into the problems/ other domestic use since there issues raised. is mineral water use for drinking. Brgy. Chair Greg Zerna Said hoping the water problem TWD replied with thanks and in Brgy. San Isidro will be ask full cooperation. resolved and will also help in the Right of Way. Brgy. Tugas (July 17,2020) Ms. Ernestina P. Tuting Asked if there is road widening TWD replied that we will ask Page-14

Group Represented/ Issues/Concerns Raised Response Representative Proponent’s where to put or place the assistance from DPWH on the pipes. laying of pipes considering that it will be buried 1 to 1½ meter below the ground. Ms. Jocelyn Gavina Asked if in proper Tugas where TWD replied to pass along the to lay the pipes. existing Right of Way. Mr. Jovencio Neo Asked what will happen if there TWD replied that the affected will be damaged plants or plants of crops will be crops assessed and will be paid whatever damages be done. Mr. Ladislao Gayo Asked if the pressure from TWD replied that it will not Mangoto Source will not be affect since it is through gravity affected in going to Tugas and pressure with 90 Lps. when it will pass through San Miguel and Polo. Mr. Santiago Bacud Asked if the rate will increase TWD replied that there will be once the water will increase. rate increase once the project will be implemented and finish. Also said that throughout the province of Negros Oriental, Tanjay WD has the water rate. Ms. Lolita Maraña Also asked if the pipes can TWD replied that a distribution pass by from Brgy. Polo to the line will be installed in that area sea shore of Brgy. Tugas. and the water meters will be placed outside the fence. Ms. Meldy Samson Said that water meters were TWD replied that for security placed below the creek near water meters will be placed in "Champion" which were stolen a sealed box. and requested to transfer the meters near their houses. Mr. Jovencio Neo Said that the problem is that TWD replied that a survey will the connection is far from the be conducted in that area and mainline and asked that a added that water meters will be distribution line be provided for caged. their use. There are 70 HHs their area. Mr. Asterio Arbon Jr. Asked re mainline pipes that TWD replied that TWD will are laying in the drainage gradually rehabilitate the canals to the concessionaires' mainlines. households. Brgy. Chair Doogie Philip M. Said that hopefully the project TWD replied asking full Tan will be realized since it is a big cooperation once laying of help to the people of Tugas pipes will take place. and near the shoreline residents.

G. GRIEVANCE REDRESS MECHANISM

18. Following discussions during the DDR mission, it was agreed to integrate the current consumer feedback measures that are already implemented and are well established.

19. The DDR mission observed a public displayed customer charter and system to record issues with water supply, billing and complaints.

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20. The management team were aware of the need to be able to respond to issues in a timely manner and will separate project related grievances from ongoing supply issues for reporting to ADB and LWUA.

21. A member of the TWD as well as from the Contractor’s side will be appointed to be the focal team for GRM management will liaise to inform the Contractor, DENR, and Barangay administration of procedures in case of any issues. All complaints whether received verbally or in writing will be properly documented.

22. The Project’s grievance redress mechanism shall in no way impede access to the formal legal system or the courts. The decision of the courts is for finality of case resolution. Below are the steps to be followed in filing grievances and the procedures for redress.

Step 1: The complainant provides the background and files the grievance/complaint verbally or in writing to the TWD. If unwritten, the Secretary in the TWD Office will record it in the TWD complaints system noting it as a project grievance. The focal point for TWD will respond to the complainant within 3 days to assess whether the issue is project related and environmental issue and aim to resolve the issue and record it within the project grievance register. Step 2: If no resolution or understanding is reached, the complainant files the grievance/complaint to the PMU within LWUA for it to be resolved within 15 days after filing. The written complaint shall be reproduced in four copies; the original to Executing Agency – Project Management Unit (EA-PMU), two for Water District – Project Implementation Unit (WD-PIU), and one for the file of the complainant.

Step 3: The Lupon ng Kapayapaan ng barangay (justice system members) whenever possible to resolve the issue at the barangay level. The barangay process may take 15 days or more, including submission of complaint, recording, hearing and resolution.

Step 4: Again, if no resolution or understanding is reached and if the grievance/complaint qualifies for hearing at the Municipal Trial Court (MTC) or Regional Trial Court (RTC), the complainant may request for assistance of the pro bono lawyer from the Public Attorney’s office, through the Water District Grievance Redress Committee (WDGRC). The pro bono lawyer shall assist the complainant in reproducing the formal complaint in five (5) copies to be distributed as follows: the original to the appropriate court, one each for PMU, PIU, WDRC and for the file of the complainant.

Step 6: The MTC or RTC assesses the merit of the grievance/complaint, schedules the hearing and renders a decision. Appeals can be elevated to the high court. The Supreme Court’s decision is final and executory.

Aggrieved parties may also inform the Office of Special Project Facilitators (OSPF) of the ADB of any project-related grievances.

APs will be exempted from all administrative and legal fees.

23. Unresolved grievance can be elevated to the proper courts. The TWD will maintain a full record of all complaints and grievances received, and the actions taken.

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24. TWD will also ensure grievances are recorded and reported in the Integrated Environmental and Social Safeguards reports that are submitted to ADB every six (6) months during project implementation.

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Table 6: Site Photos

Proposed Well Site No. 1 in Brgy. Sta. Cruz

Proposed Well Site No. 2 in Brgy. San Isidro

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Table 7 - Project Entitlement Matrix

Item Type of Loss Application Entitled Persons Compensation Policy Implementation Issues 1a Permanent loss of Agricultural/ residential/ APs listed in the survey Compensation for entire loss of land Computation of land commercial land/vacant with proof of ownership/ (i.e., the whole land is affected by the valuation of land must plot claim to the land. Project, or the residual unaffected be transparent and portion is no longer viable for continued explained to the entitled use and, therefore, the entire land will persons If there are be acquired by the Project) and partial grievances in valuation, loss (i.e., only a portion of the land of entitled persons must be the AH is acquired by the Project and informed of the the residual unaffected portion still grievance mechanism viable for continued use or meets the expected yield) is based on the principle of replacement cost which is the method of valuing assets to replace the loss at prevailing market value, plus any transaction costs such as administrative charges, taxes, registration and titling costs. If AH is found to be severely affected (i.e., the loss is equivalent to 10% or more of their total income capacity or they are physically displaced from housing or place of business), the AH will be provided additional assistance as discussed under item 4 (severe impacts) of this entitlement matrix. 1b Permanent loss of Agricultural/ residential/ APs without proof of Not entitled to payment for land, but will List of non-land assets land commercial land/vacant ownership/claim to the be compensated for non-land assets to be compensated must plot land they occupy (structures, crops, trees, etc) at be signed off by entitled replacement cost. Entitled to cash or in- persons Vulnerable and kind assistance if severely affected. severely affected persons to be identified during census

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Item Type of Loss Application Entitled Persons Compensation Policy Implementation Issues 1c Permanent loss of Agricultural/ residential/ Tenants/ shareholders Entitled to compensation for non-land List of non-land assets land commercial land/vacant assets (structures, crops, trees) at to be compensated must plot replacement cost. Entitled to cash or in- be signed off by entitled kind assistance if severely affected. persons Vulnerable and severely affected persons to be identified during census 2 Permanent full or Residential/commercial AP owners located at the Compensation for permanent houses List of structures to be partial loss of /institutional structures site during the cut-off date and other structures affected either in compensated must be structures or and income-generating of the survey, regardless full (i.e., entire main structure is signed off by entitled income-generating spaces of tenure and status (i.e., affected, or the unaffected portion of persons. Computation of spaces owners, renters, sharers, the main structure is no longer viable the valuation of affected caretakers) for continued use), or in part (i.e., only structures must be a portion of the main structure of the explained to entitled house, house-and- store, or shop is persons. If there are affected and the remaining unaffected grievances in valuation, portion is still viable for use), will be entitled persons must be determined according to replacement informed of the value for materials and labor to rebuild grievance mechanism. similar structures, at prevailing market prices in the locality. In determining replacement costs, depreciation of assets and salvage value of materials will not be taken into account. In determining compensation for movable structures including houses, where the structures can be moved easily, transfer, relocation and repair allowances will be calculated. An assessment of material replacement will be made, based on the condition of materials, with valuations calculated based on standard replacement and restoration costs. Provision of transition and moving allowance/assistance (cash or in-kind) for APs that opt for voluntary relocation.

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Item Type of Loss Application Entitled Persons Compensation Policy Implementation Issues 3 Permanent loss of All trees of any age, All APs regardless of Cash compensation equivalent to (i) for List of trees and crops to crops and trees crops tenure status annual standing crops, prevailing be compensated must market value of crops; (ii) for perennial be signed off by entitled crops, prevailing market value given persons Computation of the type, age and productive value; and the valuation of trees (iii) for trees, the productive value or the and crops must be annual production as determined by explained to entitled the municipal agriculturist multiplied by persons the estimated number of productive years; all at the time of compensation. 60 days’ notice to allow owners to harvest any standing crops 4 Severe impacts Land-based income, All APs losing 10% or Compensation for lost income based Severely impacted (more than % of income from trees and more of their productive on actual impacts as a result of DMS. (more than 10% productive income crops, income from income from business and Appropriate rehabilitation measures impacted) households to affected) on business other income- generating and income restoration programs be identified during productive assets assets. regardless of Project assistance for affected census tenure status households (AHs) such as job referral and placements and assistance to be trained additional skills for local employment or income-generating ventures. Additional project assistance (cash or in- kind) to poor and vulnerable households will be provided 5 Temporary Loss / Residential structures, APs with improvements of Cash or in-kind compensation for fixed List of affected impact on assets improvements and other their residential or and movable assets such as houses, structures to be signed during construction physical assets affected business structure (e.g. pavements, fences community off by entitled persons. during construction fences, driveways) and facilities, farm structures for animals Schedule construction other physical assets on and farmers at replacement cost. activities to minimize the lots to be traversed by Restoration or replacement of a fixed period of disruption. transmission pipes asset one month after construction of Computation of the water transmission and distribution compensation must be lines, sanitation facilities, reservoirs explained to entitled and other water facilities. persons Compensation for residential structures and community facilities, lost in full or part.

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Item Type of Loss Application Entitled Persons Compensation Policy Implementation Issues 6 Temporary loss of Income from livelihood, APs with businesses or Compensation for lost income or APs and corresponding income business or employment employment disrupted wages calculated at prevailing and/or income losses per day to during construction average historical rate multiplied by the be identified during number of days of disruption census 7 Temporary Roads, pathways and APs whose access to land Alternative access routes shall be Convincing owners of Loss/impact on access routes used by or facilities will be affected provided to temporarily replace the land to provide access APs to conduct during construction affected route. temporary access on economic, social or their land cultural activities 8 Any unanticipated APs entitled to Any unanticipated impact or loss will be Close monitoring of impacts/losses compensation as per RF mitigated as per WDDSP RF unanticipated impacts during implementation phase

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APPENDIX 1 INVOLUNTARY RESETTLEMENT IMPACT CATEGORIZATION

Date: November 2020 A. Project Data

Country/Project No./Project Title : Loan 3389/Grant 0477 – PHI: Water District Development Sector Project Tanjay Water District Subproject Department/ Division : SEUW Processing Stage : Active Modality : [ ] Project Loan [ ] Program Loan [ ] Financial Intermediary [ ] General Corporate Finance [ X ] Sector Loan [ ] MFF [ ] Emergency Assistance [ X ] Grant [ ] Other financing modalities: Sector development program (linked program loan + project loan)

B. Involuntary Resettlement Category

[ X ] New [ ] Recategorization ― Previous Category [ ]

Category A Category B Category C I. Category FI X

C. Comments

Though there is lot acquisition, there will be no involuntary resettlement as the lands to be acquired is through voluntary donation.

D. Approval Proposed by: Reviewed by:

Joseph Lalo Social Safeguards Consultant CDTA Social Safeguard Specialist, SEUW Date:11/2020 Date:

Endorsed by:

Social Development Specialist, Director, Date: Date:

Endorsed by: Approved by: Highly Complex and Sensitive Director Chief Compliance Officer Project Date: Date:

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Involuntary Resettlement Impact Categorization Checklist Not Yes No Remarks Probable Involuntary Resettlement Effects Known Involuntary Acquisition of Land The following areas with a minimum lot X requirement of 200 m² shall be utilized as an area for the Exploratory Well Drilling projects:

1. Brgy. Sta Cruz lot owned by Antonito J. Andicoy acquired through voluntary donation. See Appendix 4 for the land 1. Will there be land acquisition? acquisition report.

2. Brgy. San Isidro lot owned by LGU acquired through voluntary donation and approved by the Sangguniang Panlungsod by their Resolution No. 20- 543. See Appendix 4 for the land acquisition report. 2. Is the site for land acquisition known? X

3. Is the ownership status and current usage of land to be X acquired known?

4. Will easement be utilized within an existing Right of Way X (ROW)?

5. Will there be loss of shelter and residential land due to land X acquisition?

6. Will there be loss of agricultural and other productive assets X due to land acquisition?

7. Will there be losses of crops, trees, and fixed assets due to land X During site preparation, when trees acquisition? (timber or other forest products) are to be removed, a Special Tree Cutting Permit (STCP) shall be secured as regulated by the Presidential Decree No. 705, otherwise known as the Forestry Reform Code of the Philippines Section 39; the STCP shall be issued by the CENRO upon the approval of the DENR’s Regional Director. X Any disruption is expected to be 8. Will there be loss of businesses or enterprises due to land temporary. EMP contains measures to acquisition? limit the disruption to traffic and business. 9. Will there be loss of income sources and means of livelihoods X due to land acquisition? Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, communal X facilities and services?

11. If land use is changed, will it have an adverse impact on X social and economic activities?

12. Will access to land and resources owned communally or by X the state be restricted?

Information on Displaced Persons:

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Not Yes No Remarks Probable Involuntary Resettlement Effects Known

Any estimate of the likely number of persons that will be displaced by the Project? [X ] No [ ] Yes If yes, approximately how many? _ There is no displacement of people due to the Project Are any of them poor, female-heads of households, or vulnerable to poverty risks? [X ] No [ ] Yes Not applicable – as there will be no physical displacement of persons Are any displaced persons from indigenous or ethnic minority groups? [X ] No [ ] Yes Note: Further information regarding strategies to reduce disruption are contained within the EMP.

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APPENDIX 2 INDIGENOUS PEOPLES IMPACT CATEGORIZATION

Date: November 2020 A. Project Data

Country/Project No./Project Loan 3389/Grant 0477-PHI: Water District Development Sector Title Project Tanjay Water District Subproject Department/ Division SEUW Processing Stage Active Modality [ ] Project Loan [ ] Program Loan [ ] Financial Intermediary [ ] General Corporate Finance [ X ] Sector Loan [ ] MFF [ ] Emergency Assistance [ X ] Grant [ ] Other financing modalities: Sector development program (linked program loan + project loan)

B. Indigenous Peoples Category

[ X ] New [ ] Recategorization ― Previous Category [ ]

[ ] Category A [ ] Category B [ X ] Category C II. [ ] Category FI

C. Project requires the broad community support [ ] Yes [ X ] No of affected Indigenous Peoples communities. D. Comments

The proposed project of the Tanjay Water District (TWD) will not impact on any indigenous cultural community/person or encroach on any ancestral domain

E. Approval Proposed by: Reviewed by:

Joseph Lalo Consultant for CDTA team Social Safeguard Specialist, SEUW Date:11/2020 Date:

Endorsed by:

Director, Date: Date:

Endorsed by: Approved by: Highly Complex and  Sensitive Project Director, Chief Compliance Officer Date: Date:

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Indigenous Peoples Impact Screening Checklist KEY CONCERNS NOT (Please provide elaborations YES NO Remarks KNOWN on the Remarks column)

A. Indigenous Peoples Identification There are no IPs or 1. Are there socio-cultural groups present in or use the certified ancestral lands in project area who may be considered as "tribes" (hill the sub-project area tribes, schedules tribes, tribal peoples), "minorities" X (ethnic or national minorities), or "indigenous communities" in the project area?

2. Are there national or local laws or policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging N/A to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities?

3. Do such groups self-identify as being part of a distinct social and cultural group? N/A

4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the N/A natural resources in these habitats and territories?

5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society N/A and culture?

6. Do such groups speak a distinct language or dialect? N/A

7. Has such groups been historically, socially and economically marginalized, disempowered, excluded, N/A and/or discriminated against? There are no IPs or 8. Are such groups represented as "Indigenous Peoples" certified ancestral lands in or as "ethnic minorities" or "scheduled tribes" or "tribal the sub-project area. populations" in any formal decision-making bodies at the N/A national or local levels?

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target Indigenous Peoples? X

10. Will the project directly or indirectly affect Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and X governance)

11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, X employment status)

12. Will the project be in an area (land or territory) occupied, owned, or used by Indigenous Peoples, and/or X claimed as ancestral domain?

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KEY CONCERNS NOT (Please provide elaborations YES NO Remarks KNOWN on the Remarks column) C. Identification of Special Requirements

Will the project activities include:

13. Commercial development of the cultural resources and knowledge of Indigenous Peoples? X

14. Physical displacement from traditional or customary lands? X

15. Commercial development of natural resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, X spiritual uses that define the identity and community of Indigenous Peoples?

16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily X used, occupied or claimed by indigenous peoples?

17. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by indigenous X peoples?

D. Anticipated project impacts on Indigenous Peoples

Project component/ Anticipated positive effect Anticipated negative effect activity/ output

This subproject will improve water supply None as there are no IPs present None as there are no IPs present within the service area of Tanjay Water District where there are no IPs present

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APPENDIX 3 PUBLIC CONSULTATIONS PROCEEDINGS

1. Brgy. Polo (July 13, 2020)

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Photos during Public Consultation in Brgy. Polo on 13 July 2020

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2. Brgy. San Miguel (July 13, 2020)

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Photos during Public Consultations in Brgy. San Miguel on 13 July 2020

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3. Brgy. Azagra (July 14, 2020)

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Photos during Public Consultations in Brgy. Azagra on 14 July 2020

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4. Brgy. Obogon (July 14, 2020)

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Photos during Public Consultations in Brgy. Obogon on 14 July 2020

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5. Brgy. Sta Cruz Nuevo (July 15, 2020)

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Photos during Public Consultations in Brgy. Sta Cruz Nuevo on 15 July 2020

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6. Brgy. Sta Cruz Viejo (July 15, 2020)

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Photos during Public Consultations in Brgy. Sta Cruz Viejo on 15 July 2020

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7. Brgy. Manipis (July 16, 2020)

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Photos during Public Consultations in Brgy. Manipis on 16 July 2020

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8. Brgy. San Jose (July 16, 2020)

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Photos during Public Consultations in Brgy. San Jose on 16 July 2020

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9. Brgy. San Isidro (July 17, 2020)

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Photos during Public Consultations in Brgy. San Isidro on 17 July 2020

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10. Brgy. Tugas (July 17, 2020)

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Social Safeguards Due Diligence Report – Tanjay City Water District TA-9103 PHI: Water District Development Sector Project CDTA for Water District Development Sector Project (Contract No. 41665-013) Appendix 3

Photos during Public Consultations in Brgy. Tugas on 17 July 2020

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APPENDIX 4 LAND ACQUISITION REPORT (available upon request)

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