Resettlement Plan PHI: EDSA Greenways Project (Balintawak
Total Page：16
File Type：pdf, Size：1020Kb
Resettlement Plan February 2020 PHI: EDSA Greenways Project (Balintawak Station) Prepared by Department of Transportation for the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area CURRENCY EQUIVALENTS (As of 30 January 2020; Central Bank of the Philippines) Philippine Peso (PhP) (51.010) = US $ 1.00 ABBREVIATIONS ADB Asian Development Bank AH Affected Household AO Administrative Order AP Affected Persons BIR Bureau of Internal Revenue BSP Bangko Sentral ng Pilipinas CA Commonwealth Act CGT Capital Gains Tax CAP Corrective Action Plan COI Corridor of Impact DA Department of Agriculture DAO Department Administrative Order DAR Department of Agrarian Reform DAS Deed of Absolute Sale DBM Department of Budget and Management DDR Due Diligence Report DED Detailed Engineering Design DENR Department of Environment and Natural Resources DILG Department of Interior and Local Government DMS Detailed Measurement Survey DO Department Order DOD Deed of Donation DOTr Department of Transportation DPWH Department of Public Works and Highways DST Documentary Stamp Tax EA Executing Agency EJS Extra Judicial Settlement EM Entitlement Matrix EMP Environmental Management Plan EO Executive Order FS Feasibility Studies GFI Government Financial Institution GOP Government of the Philippines GRM Grievance Redress Mechanism HH Household Head HLURB Housing and Land Use Regulatory Board HUDCC Housing and Urban Development Coordinating Council IA Implementing Agency IEC Information, Education, and Communication IMA Internal Monitoring Agent IOL Inventory of Loss IPA Independent Property Appraiser IR Involuntary resettlement IRR Implementing Rules and Regulations ISF Informal Settler Family LA Land Acquisition LAP Land Acquisition Plan ii LGU Local Government Unit LMB Land Management Bureau LRA Land Registration Authority, an agency under the Department of Justice MC Memorandum Circular MMDA Metro Manila Development Authority MOA Memorandum of Agreement MOU Memorandum of Understanding NEDA National Economic and Development Authority NGO Non-Government Organization NHA National Housing Authority NoT Notice of Taking OCT Original Certificate of Title PCM Public consultation meeting PD Presidential Decree PhP Philippine Peso PIB Public Information Booklet RA Republic Act RAP Resettlement Action Plan RCS Replacement Cost Study RIC Resettlement Implementation Committee RROW Road Right-of-Way ROWSAM Right-of-Way and Site Acquisition Manual RP Resettlement Plan RPT Real Property Tax SA Social Assessment SES Socioeconomic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement TCT Transfer Certificate of Title TOR Terms of Reference USD United States Dollar VLD Voluntary Land Donation iii DEFINITIONS OF TERMS Affected persons Refers to entities (Government, private individual and (APs)/ Affected corporate) and vendors, ambulant or semi-sedentary, who are Households (AHs) displaced (physical or economic) as result of project impacts. Ambulant vendors Ambulant vendors are either itinerant or semi-static. Itinerant vendors are those who go around shouting their wares while semi-static ones are those who are semi-fixed positions but may move about as the situation necessitates (Nario, Jasmin Galace, 2000). Compensation Payment in cash or in kind (e.g. land-for-land) to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market value, and any transaction costs such as administrative charges, taxes, registration and titling costs. In the absence of functioning markets, a compensation structure is required that enables affected people to restore their livelihoods to level at least equivalent to those maintained at the time of dispossession, displacement, or restricted access. Cut-off date Cut-off date for land-taking will be set on the first day of census undertaken as part of the of RP preparation after both the project approval by the IA and Detailed Engineering Design. Persons not covered at the time of census-taking will not be eligible for claims of compensation entitlements. Displaced Persons In the context of involuntary resettlement, displaced persons (DPs) are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas (ADB IR Source Book, 2012). Donation Donation is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it. [Art 725, New Civil Code (NCC)] Economic Loss of land, assets, access to assets, income sources, or displacement means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Eligibility Refers to any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised. such as transaction costs, interest, on loss of residual land, loss of income sources or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance). iv Entitlement A range of measures comprising compensation, livelihood restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the AHs, depending on the type and severity of their losses, to restore their economic and social base. Expropriation The power of eminent domain is an inherent and indispensable power of the State. Also called the power of expropriation, it is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method a compulsory sale to the State. Expropriation is the least favorable mode of acquisition for public usage of land as it is based on active compulsory dispossession of private citizens of their significant asset. It represents and should be the last resort. Expropriation is mandated if a negotiated sale is not feasible. Livelihood restoration This involves re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012). Inconvenience It is the compensation amount given to each AP who are allowance classified as any of the following vulnerable groups: poor (based on the poverty income threshold), elderly and single women-headed households, and persons with disabilities. Inventory of loss The listing of assets as a preliminary record of affected or lost assets during the preparation of the RP where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the Subproject boundaries are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the APs are likewise determined. Involuntary Refers to physical and economic displacement as a result of (i) resettlement involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Such displacement can be full or partial, permanent or temporary. When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation. (ADB IR Source Book, 2012) v Land acquisition It is the process of acquiring land from the current owners pursuant to the provisions of RA 10752 modes of acquisition, i.e., Donation, Negotiated Sale, Expropriation, Acquisition of Properties under Commonwealth Act (CA) NO. 141, Exchange of Barter, Easement of Right-of-way, Acquisition of Subsurface Right-of-way and other modes authorized by Law. Marginally affected The impact is only partial and the remaining portion of the person property or asset is still viable for continued use. Meaningful consultation A