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52083-002: Malolos-Clark Railway Project

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52083-002: Malolos-Clark Railway Project Resettlement Action Plan January 2021 PHI: Malolos-Clark Railway Project (PFR1) (Malolos-Angeles I.) Volume 1 Main Report Prepared by Department of Transportation for the Asian Development Bank. This is an updated version of the draft originally posted in August 2020 available on https://www.adb.org/projects/documents/phi-52083-002-rp-0. ABBREVIATIONS AHs Project-Affected Households APs Project-Affected Persons ADB Asian Development Bank ADRI Agreement to Demolish and Remove Improvements BIR Bureau of Internal Revenue BOQ Bill of Quantities CADT Certificate of Ancestral Domain Title CAO City Agriculture Office CBIA Community Based Initiative Approach CDO City Development Office CHR Commission on Human Rights CIA Clark International Airport CSO Civil Society Organizations CSWDO City Social Welfare and Development Office DA Department of Agriculture DAR Department of Agrarian Reform DD Detailed Design DENR Department of Environment and Natural Resources DepEd Department of Education DHSUD Department of Human Settlements and Urban Development DILG Department of the Interior and Local Government DMS Detail Measurement Survey DOAS Deed of Absolute Sale DOF Department of Finance DOH Department of Health DOLE Department of Labor and Employment DOTr Department of Transportation DPWH Department of Public Works and Highways DRAM DPWH’s ROW Acquisition Manual DSWD Department of Social Welfare and Development DTI Department of Trade and Industry EMA External Monitoring Agent EO Executive Order FBI Field Based Investigation FGD Focus Group Discussion FS Feasibility Study GC General Consultant GFI Government Financing Institution GOCC Government Owned and Controlled Corporation GoP Government of the Philippines GRM Grievance Redress Mechanism HDMF Home Development Mutual Fund HGC Home Guaranty Corporation HLURB Housing and Land Use Regulatory Board HOA Home Owner Association IA Implementing Agency ICCs IPs/Indigenous Cultural Communities ii IEC Information, Education and Communication IP Indigenous Peoples IPA Independent Property Appraiser IPRA Indigenous Peoples Rights Act ISF Informal Settler Family IROW Infrastructure Right-of-Way IRR Implementing Rules and Regulations ISF Informal Settler Family JDT JICA Design Team JICA Japan International Cooperation Agency KII Key Informant Interview KSA Key Shelter Agency LHB Local Housing Board LGU Local Government Unit LHO Local Housing Offices LIAC Local Inter-Agency Committee LMA Labor Market Assessment LRIP Livelihood Restoration and Improvement Program MAT Manpower Assistance Team MCRP Malolos –Clark Railway Project MFIs Microfinance Institutions MOA Memorandum of Agreement MRT Mass Railway Transit MSVS Membership Status Verification Slip NHA National Housing Authority NCC New Clark City NCIP National Commission for Indigenous Peoples NCR National Capital Region NGA National Government Agency NGOs Non-Government Organization NLEX North Luzon Expressway NOA Noticed of Award NOC Notice of Compensation NoT Notice of Taking NSRP North South Railway Project NTP Notice to Proceed OCC Operations Control Center OCT Original Certificate of Title ODA Official Development Assistance OTB Offer to Buy PESO Public Employment Service Office PhP Philippines Peso PIAC Project Inter-Agency Committee PIB Project Information Brochure PCUP Presidential Commission for the Urban Poor PNR Philippine National Railways POEA Philippine Overseas Employment Administration PLCQ Preliminary Loan Counselling Questionnaire PMO Project Management Office PO People’s Organization PROW Project Right-of-Way iii PSA Philippine Statistics Authority PTE Permit to Enter PWD Person with Disability RA Republic Act RAP Resettlement Action Plan RCS Replacement Cost Survey RD Registry of Deeds RFO Ready-For-Occupancy RIMC RAP Implementation Management Committee RIPPF Resettlement and Indigenous Peoples Planning Framework ROW Right-of-Way RROW Road Right-of-Way ROWSA Right-of-Way and Site Acquisition ROWSAM Right-of-Way and Site Acquisition Manual RPT Real Property Tax SCM Stakeholders Consultation Meeting SCTEx Subic-Clark-Tarlac Expressway SEC Securities and Exchange Commission SES Socio-Economic Survey SPA Special Power of Attorney SPS Safeguards Policy Statement SSS Social Security System TA Temporary Accommodation TCT Transfer Certificate of Title TIN Tax Identification Number TNA Training Needs Assessment TESDA Technical Education and Skills Development Authority VAT Value Added Tax WB Word Bank iv GLOSSARY Affected Households Refers to all households whose residence will be affected by the project. Affected Persons Project-affected persons 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. Census Claims Assertion or declaration formally filed or made known by a named/identified complainant regarding the conduct or result of census that may affect the eligibility for compensation and entitlement of the complainant or of another person. Common types of census claims are skipped during tagging, out- during-census, misstatement of census data, etc. Cut-Off-Date The concept of the cut-off date for eligibility is typically used for the non-titleholders, which is generally the date of commencement of the project census of affected persons within the project boundaries. Persons not covered at the time of census taking will not be eligible for claims of compensation entitlements. Economic Displacement Refers to loss of land, assets, access to assets, income sources, or means of livelihoods as a result of this project. Employees of Affected Refers to persons employed in wage-based work in Businesses enterprises affected by this project. Enterprise-based Non-land-based economic undertaking that is not salaried/waged and associated with entrepreneurial ventures. Entitlement Range of measures comprising compensation, income restoration support, transfer assistance, income substitution and relocation support which are due to affected people, depending on the nature and severity of their losses, to restore their economic and social base. Formal Structure Refers to structures or improvements owned by APs who have legal right on the land where the structure is located and/or APs who have valid arrangement with v the registered landowner. Used interchangeably with “legal structures” throughout this RAP. Legal APs APs that have legal right to occupy the affected property. This may include landowner, structure owners, rent free occupants, caretakers, sharers, heirs/ relatives with valid claim of ownership or legalizable arrangement with the registered property owner. Household A social unit consisting of a person living alone or a group of persons who sleep in the same housing unit and have a common arrangement in the preparation and consumption of food. Income Restoration Re-establishing income sources and livelihoods of APs to approximate or exceed the level it was before the development project. Institutional Establishments Entities that provide government, education, and spiritual services. Involuntary Resettlement Occurs when affected people do not have the right to refuse land acquisition and are displaced, which may result in long-term hardship and impoverishment as well as social stress. Land Acquisition The process whereby a person is compelled to relinquish ownership, possession, control or use of all or part of their land, structures or other assets to the project in exchange for cash or in-kind compensation. This includes land or assets for which the possessor or user enjoys customary or uncontested access but lacks legal title. For this project, compensation is based on replacement cost. Low Income Family Refers to family whose combined monthly income is below PhP40,000. Non-Resident Businesses Refers to enterprises whose owners do not reside in the same location of their enterprise. Non-Resident Farmers Refers to farmers who do not reside on the land they own and use, respectively, for farming. Non-Resident Landowning Refers to owners of land who do not reside on land Affected Owners affected and to be acquired by this project. Physical Displacement Relocation, loss of residential land, or loss of shelter as a result of this project. PNR ROW Refers to the existing right-of-way owned by the vi Philippine National Railway (PNR). Project ROW (PROW) Refers to the right-of-way of this project. Project-Affected Business Refers to all types of businesses regardless of scale whose normal operation will be affected by the project. Project-Affected Farms Refers to land-based economic activity whose normal operation will be affected severely or marginally by the project. Relocation Physical displacement of an AP from his/her pre-project place of residence and his/her transfer to another place. Rental Subsidy Refers to a fixed amount of monetary assistance for temporary accommodation of AHs while awaiting for their movement/transfer to their choice of relocation. Replacement Cost Amount of cash or kind needed to replace an asset (i.e., land, private structure, crops and trees, public structure and common resource). Replacement cost calculation comprises these elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued (if any), (iv) transitional and restoration costs (if any); and (v) other applicable payments
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