Resettlement Plan

June 2021

Philippines: Metro Manila Bridges Project

Bridge 1: Marcos Highway - St. Mary Bridge Main Report

Prepared by the Department of Public Works and Highways for the Asian Development Bank.

Currency Equivalents (As of 13 April 2021)

Currency Unit - Philippine Peso (PhP) PhP 1.00 = $ 0.0205952013 $ 1.00 = PhP48.555000

Abbreviations ADB Asian Development Bank Agreement to Demolish and Remove ADRI Improvement AH Affected Household AP Affected Person BIR Bureau of Internal Revenue CGT Capital Gains Tax CLOA Certificate of Land Ownership and Award CMP Community Mortgage Program CT Certificate of Title DD Detailed Design DEO District Engineering Office Department of Human Settlements and DHSUD Urban Development DO Department Order DOAS/DAS Deed of Absolute Sale/ Deed of Sale DPWH Department of Public Works and Highways DRAM DPWH Right-of-Way Acquisition Manual EIA Environmental Impact Assessment EJSE Extra Judicial Settlement of Estate EMA External Monitoring Agent EO Executive Order Environmental and Social Safeguards ESSD Division FGD Focus Group Discussion GFI Government Finance Institution GOP Government of the Philippines GRM Grievance Redress Mechanism HH Household Housing and Urban Development HUDCC Coordinating Council IA Implementing Agency IEC Information, Education and Communication IMA Internal Monitoring Agent IPA Independent Property Appraisal IRR Implementing Rules and Regulation ISF Informal Settler Families

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ITR Income Tax Return LARRIPP Land Acquisition, Resettlement, Rehabilitation, and Indigenous People’s Policy LGU Local Government Unit LIAC Local Inter Agency Committee MOA Memorandum of Agreement NCR National Capital Region NGA National Government Agency NGO Non-Government Organization NHA National Housing Authority National Home Mortgage and Finance NHMFC Corporation NOT Notice of Taking OCT Original Certificate of Title PIB Public Information Brochure RCS Replacement Cost Survey RIC Resettlement Implementing Committee RO Regional Office ROW Right-of-Way RP Resettlement Plan SCM Stakeholder Consultation Meeting Social and Environmental Management SEMS PF System Policy Framework SES Socio-Economic Survey SHFC Social Housing Finance Corporation TWG Technical Working Group

Note In this report, “$ refers to US Dollars

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Definition of Terms

Affected Households Refers to all households whose residence will be affected by the project.

Affected Persons A general term that refers to any person or persons 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. Affected persons are categorized by tenurial status (i.e., landowner, non-landowner) and by type of impact (i.e., physical and economic displacement). Affected household (AH) is a subset of affected persons (AP).

Census Claims Formal appeal/complaint 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 or missed 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 (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).

Employees of Affected Refers to persons employed in wage-based work in enterprises Businesses affected by this project. Entitlement Range of measures comprising compensation, income restoration support, transfer assistance, income substitution and relocation support which are due to affected people, depending on the nature and severity of their losses, to restore their economic and social base.

Household A social unit consisting of a person living alone or a group of persons who sleep in the same housing unit and have a common arrangement in the preparation and consumption of food.

iii Income Restoration Re-establishing income sources and livelihoods of APs to approximate or exceed the level it was before the development project.

Informal Settler Families Households that do not have legal or legalizable right to own the land they occupy. This may include structure owners and renters, rent-free occupants or sharers, and caretakers on land not legally owned.

Involuntary Resettlement 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).

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.

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Table of Contents CURRENCY EQUIVALENTS ...... I ABBREVIATIONS ...... I DEFINITION OF TERMS ...... III LIST OF TABLES ...... VII LIST OF APPENDICES ...... VIII EXECUTIVE SUMMARY ...... I I. PROJECT DESCRIPTION ...... 6

1.1. BACKGROUND ...... 6 1.2. SCOPE OF PROJECT ...... 6 1.3. PROXIMITY TO ANCESTRAL DOMAIN ...... 7 1.4. DESCRIPTION OF THE PROJECT ...... 7 1.4.1. Summary of Alignment Options ...... 7 1.5. CIVIL WORKS TO BE CONDUCTED ...... 8 1.5.1. Main Bridge Type ...... 8 1.5.2. Approach Spans and Approach Ramps ...... 9 1.5.3. Bridge Design ...... 9 1.5.4. Construction Yards, Borrow Pit and Spoil Disposal Area ...... 9 1.6. ANTICIPATED SOCIAL SAFEGUARDS IMPACT ...... 9 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 10

2.1. METHODOLOGY TO ASSESS IMPACTS ...... 10 2.2. CUT-OFF DATE...... 11 2.3. OVERVIEW OF LAND ACQUISITION AND RESETTLEMENT IMPACTS...... 11 2.4. IMPACT ON LAND ...... 12 2.5. IMPACT ON STRUCTURES ...... 14 2.6. IMPACT ON AFFECTED PERSONS ...... 15 2.7. AFFECTED TREES ...... 19 2.8. AFFECTED COMMUNITY FACILITIES ...... 19 2.9. UTILITIES ...... 19 III. SOCIO-ECONOMIC INFORMATION AND PROFILE OF AFFECTED PERSONS ...... 21

3.1. PURPOSE OF THE SOCIO-ECONOMIC SURVEY ...... 21 3.2. SURVEY METHODOLOGY ...... 21 3.3. SCHEDULE ...... 22 3.4. LIMITATIONS OF THE SOCIO-ECONOMIC SURVEY ...... 22 3.5. OVERVIEW OF AFFECTED PERSONS AND SURVEY RESPONDENTS ...... 22 3.6. PROFILE OF AFFECTED HOUSEHOLD ...... 23 3.7. PROFILE OF AFFECTED BUSINESS ...... 26 3.8. PROFILE OF APS WHOSE ONLY IMPACT IS ON PROPERTY ...... 27 3.9. VULNERABLE GROUPS ...... 27 3.10. PROJECT PERCEPTION AND RECOMMENDATIONS ...... 27 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 29

4.1. OVERVIEW OF CONSULTATIONS THAT HAVE BEEN CONDUCTED...... 30 4.2. INFORMATION, EDUCATION AND COMMUNICATION (IEC) MEETINGS WITH LOCAL GOVERNMENT UNITS (LGUS) ...... 31 4.3. STAKEHOLDER CONSULTATION MEETING (SCM) ...... 33

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4.4. FOCUS GROUP DISCUSSION ...... 37 V. GRIEVANCE REDRESS MECHANISM ...... 39

5.1. OBJECTIVES OF THE GRM ...... 39 5.2. COMPOSITION AND STRUCTURE ...... 39 5.3. GRM CHANNELS ...... 40 VI. LEGAL FRAMEWORK ...... 42

6.1. POLICIES AND GUIDELINES APPLIED TO THE PROJECT ...... 42 6.2. PHILIPPINE LEGAL FRAMEWORK ...... 42 6.3. ADB SAFEGUARD POLICY STATEMENT...... 57 6.4. GAP-EQUIVALENCE ANALYSIS ...... 59 6.5. PROJECT RESETTLEMENT POLICY ...... 69 6.5.1. Eligibility Criteria ...... 69 6.5.2. Modes of Acquisition ...... 71 6.5.3. Required Documents ...... 72 6.5.4. Payment schedule ...... 72 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS ...... 74

7.1. OTHER TYPES OF ASSISTANCE/ENTITLEMENTS ...... 74 7.2. UNITS OF ENTITLEMENTS ...... 75 7.3. CONDITIONS ...... 76 VIII. RELOCATION OF HOUSING AND SETTLEMENTS ...... 87

8.1. RESETTLEMENT ASSISTANCE FOR LANDOWNERS...... 87 8.2. RESETTLEMENT ASSISTANCE FOR NON-LANDOWNERS ...... 87 IX. INCOME RESTORATION AND REHABILITATION ...... 89

9.1. IMPACT ON LIVELIHOOD AND INCOME SOURCES ...... 89 X. RIPP BUDGET ...... 93

10.1. SUMMARY OF ESTIMATED RAP IMPLEMENTATION COST ...... 93 10.2. COST ESTIMATES FOR AFFECTED ASSETS ...... 94 10.3. COST ASSOCIATED WITH LAND ACQUISITION ...... 95 10.4. REPLACEMENT COST ESTIMATES FOR STRUCTURES AND IMPROVEMENTS ...... 95 10.5. COST ESTIMATES FOR CROPS AND TREES...... 96 10.6. COST OF RELOCATION ASSISTANCE ...... 96 10.6.1. Inconvenience Allowance ...... 96 10.6.2. Rental Subsidy ...... 97 10.6.3. Transportation Assistance ...... 97 10.6.4. Transitional Allowance for Affected Households ...... 97 10.6.5. Lifters, Movers and Medical Care Provider During Relocation ...... 98 10.7. LIVELIHOOD ASSISTANCE ...... 98 10.7.1. Transitional Allowance for Affected Businesses ...... 98 10.7.2. Transportation Assistance for Affected Business/Enterprise ...... 98 10.8. COST OF RESETTLEMENT PLAN IMPLEMENTATION ...... 99 10.8.1. Cost to Operate Grievance Redress Mechanism (GRM) ...... 99 10.8.2. Cost for Monitoring and Reporting ...... 99 10.9. FINANCING PLAN...... 99 XI. INSTITUTIONAL ARRANGEMENT ...... 100

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11.1. INSTITUTIONAL CAPACITY AND RESOURCE ...... 100 11.1.1. DPWH Units and Offices Responsible for the Implementation of RP...... 100 11.1.2. Implementing Partners ...... 102 11.1.3. Human Resources and Capacity ...... 103 11.2. ORGANIZATIONAL PROCEDURE FOR DELIVERING COMPENSATION AND ENTITLEMENTS ...... 104 11.3. IMPLEMENTATION PROCESS ...... 104 11.4. CAPACITY BUILDING ...... 105 XII. IMPLEMENTATION SCHEDULE ...... 107

12.1. PROJECT PREPARATION PHASE ...... 107 12.2. IMPLEMENTATION PHASE ...... 107 12.3. MONITORING AND REPORTING PHASE ...... 107 12.4. IMPLEMENTATION SCHEDULE ...... 108 XIII. MONITORING AND REPORTING ...... 109

13.1. MONITORING INDICATORS...... 110 13.2. REPORTING AND DISCLOSURE ...... 112 13.2.1. MONITORING INDICATORS FOR EMA ...... 112

List of Tables

Table 1: Summary of Points Considered for Marcos Highway - St. Mary Bridge ...... 7 Table 2: Summary of Project Impacts...... 11 Table 3: Impact on Land By Land Classification ...... 13 Table 4: Severity of Impact on Land by Land Use Classification ...... 13 Table 5: Severity of Impact on Structure by Type ...... 14 Table 6: Use of Affected Structures ...... 15 Table 7: Categories of Affected Persons by Land Ownership ...... 16 Table 8. Severity of Impact by Tenurial Status...... 17 Table 9: Affected Persons by Severity of Impact ...... 18 Table 10: Impact to Residing and Non-Residing APs ...... 18 Table 11: Affected Trees and Plants ...... 19 Table 12: Number of Interviewed APs ...... 22 Table 13: Summary of Participating APs ...... 31 Table 14: Highlights of Issues and Concerns Raised During IEC Meeting in Quezon City ...... 32 Table 15: Highlights of Issues and Concerns Raised During IEC Meetings in Marikina City ...... 32 Table 16: Summary of 1st Stakeholder Consultation Meetings ...... 33 Table 17: Summary of 2nd Stakeholder Consultation Meetings ...... 34 Table 18: Highlights of Issues and Concerns Raised During the 1st Stakeholder Consultation Meetings ...... 34 Table 19: Highlights of Issues and Concerns Raised During the 2nd Stakeholder Consultation Meetings ...... 35 Table 20: Summary of the Focus Group Discussion ...... 37 Table 21: FGD Result ...... 37 Table 22: Summary of Grievance Redress Mechanism ...... 41 Table 23: List of Applicable Legal Framework ...... 42 Table 24: Gap Analysis ...... 60 Table 25: Payment Schedule for Legal Property Owners ...... 72 Table 26: APs Entitled to Livelihood Restoration Assistance ...... 75 Table 27: Entitlement Matrix ...... 77 Table 28: Number of Affected Households ...... 87 Table 29: Summary of Applicable Resettlement Strategies ...... 88 Table 30: Impact on Income Sources and Livelihood ...... 89 Table 31: Livelihood Restoration Strategy ...... 90 Table 32: Additional Livelihood Assistance ...... 90

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Table 33: Preferred Skills Training Based on Socio-Economic Survey ...... 91 Table 34: Livelihood Restoration Activities and Responsible Agency ...... 91 Table 35: Cost Estimate for Skills Training ...... 91 Table 36. Summary of Estimated RAP Implementation Cost ...... 93 Table 37. Summary of Affected Lands and Costs ...... 95 Table 38. Associated Costs for Land Acquisition (Unit: PhP) ...... 95 Table 39. Estimated Cost for Structures...... 95 Table 40: Estimated Cost of Compensable Trees ...... 96 Table 41: Cost of Resettlement Site Development ...... 96 Table 42: Cost of Inconvenience Allowance for Severely Affected Landowner Household ...... 96 Table 43. Rental Subsidy ...... 97 Table 44: Cost of Transportation Assistance ...... 97 Table 45: Estimated Cost of Transitional Allowance for Households ...... 97 Table 46: Cost for Lifers, Movers and Medical Care Providers...... 98 Table 47: Transitional Allowance for Micro-Business ...... 98 Table 48: Cost of Operating GRM in Five Years (2021-2025) ...... 99 Table 49: Human Resources Dedicated to ROW Acquisition and Resettlement ...... 103 Table 50: RP Implementation Schedule ...... 108 Table 51: Suggested Internal Monitoring Indicators ...... 111 Table 52: Suggested External Monitoring Indicators ...... 112

LIST OF APPENDICES

1) Appendix 1: List of Affected Persons a) Consolidated Master List of Affected Persons b) Parcellary Master List c) As-Built Master List

2) Appendix 2: Inventory of Affected Structures and other Improvements a) List of Affected Structures (from CAT) b) Photo Documentation of Structure Tagging (from CAT)

3) Appendix 3: Replacement Cost of Affected Land and Non-Land Assets a) Validation Methodology b) Replacement Cost for Land c) Replacement Cost for Structures d) Replacement Cost for Crops and Trees

4) Appendix 4: Documentation of Consultation Meetings and PIB a) IEC b) First Stakeholder Consultation Meeting c) Focus Group Discussion with Vulnerable Sector d) Focus Group Discussion with Business and other Livelihood Sector e) Second Stakeholder Consultation Meeting f) List of Invited APs g) Public Information Brochure

5) Appendix: Others a) Survey Permit b) Socio-Economic Survey Instrument c) INCLUDE – Tabular Results of Socio-Economic Survey

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EXECUTIVE SUMMARY

1. The Government of the Philippines (GoP) requested financial assistance from the Asian Development Bank (ADB) for the construction of Metro Manila Three Priority Bridges (MM3PB) Project. The MM3PB consists of three bridges in the City of Marikina in Metro Manila namely: (1) Marcos Highway - St. Mary Bridge, (2) Homeowner's Drive - A.Bonifacio Ave. Bridge and (3) Kabayani St. - Matandang Balara Bridge. The entire project is categorized as A for ADB’s involuntary resettlement safeguards.

2. This Resettlement Plan (RP) has been prepared to identify all impacts associated with land acquisition and resettlement involving landowners, non-landowner or renters, businesses owners, and institutions. This RP will also assess the socio-economic context of affected people in the area and present measures to fully mitigate impacts.

3. This RP specifically covers Bridge 1 also referred to here as Marcos Highway - St. Mary Bridge, which connects Barangay Tañong and Barangay Jesus Dela Peña until Barangay Calumpang, adjacent to SM City Marikina. The total length of the bridge is 1,582.6 meters with an average width of 47.5 meters including provision for two biking lanes.

4. Project Land Requirement and Resettlement Impacts. Affected persons is defined in this RP as those persons or legal entity who, because of land acquisition for the project, will lose land, non-land assets, income, and/or dwelling. These persons or legal entities may be an individual, a household, a government office, organization, or a corporation. Groups of people like households, corporations and organizations are considered as a single entity and treated as one unit of Affected Person (AP).

5. The project will affect three categories of affected persons based on the type of losses and impact to their socio-economic condition as below.

a. “Affected households or displaced households” are those that will be displaced due to impact on their residential structure, total 8 APs with 5 landowners and 3 non- landowners; b. “Affected businesses” consists of APs whose business operation will be disrupted and could potentially lose income due to impact on their property being used for business, total 4 APs, being 3 landowners and 1 non-landowner; and c. “AP whose only impact is on property/asset” are APs whose only impact is either on land, structure, improvement and/or trees, and no other type of losses or displacement will be incurred, total 21 APs of which 20 are landowners, and 1 non-landowner.

6. APs are further categorized as landowners and non-landowners. The total APs amount to 33; 28 being landowners and 5 non-landowners

7. Out of the 33 APs, nine (9) were identified as vulnerable. This includes 5 displaced households, one (1) AP with affected business, and three (3) APs whose impact is on their property only. The project defines vulnerable persons as (i) underprivileged below national poverty line, (ii) households headed by senior citizens, (iii) solo parent-headed households, and (iv) households with members who are persons with disabilities. Two of the households belong to poverty threshold, of which one is also headed by a solo parent. Three households are headed by an elderly, of which one is also a solo parent while the other household has a member with PWD. The vulnerable business owner is an elderly, while APs whose impact is on property only are all elderly, one of which is a widow.

8. The total land area to be acquired for the project is 88,522.18 m2, of which 77.57% or 68,663.98 m2 are private lands and 22.43% or 19,858.20 m2 public. The required

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88,522.18 m2 is divided into 47 parcels of land belonging to 28 landowners composed of private companies, an institution (religious organization), private individuals and a government owned and controlled corporation (GOCC). The affected area for land acquisition is classified as residential amounting to 67,096.90m2, commercial at 1,347.03m2, industrial at 220.05m2 and public land (road lot and river easement) with 19,858.20m2.

9. A total of 49 structures belong to 19 APs. The affected structures consist of 14 main structures and 35 associated structures. One of the main structures is a church and is considered as a community structure. The affected portion of the church is garage which is part of the main structure. Aside from the church, there are two function halls, one of which is used for commercial purposes. Use of the other function hall is not yet confirmed since the owner is not residing in the area and was unavailable at the time of census.

10. Total affected trees and plants is 714, of which 514 is compensable consist of 60 fruit bearing trees, seven (7) timber trees, and 447 various types of trees and other plants (i.e., ornamental and medicinal plants). Eight (8) APs own the trees and one of them is the Local Government Unit (LGU) of Marikina City.

11. There are no Indigenous Peoples (IPs) in the project area nor is it anticipated that land in ancestral domain areas will be acquired.

12. Consultation and Participation. Information disclosure, consultation with APs, and participation of relevant stakeholders such as the local government provided venue to facilitate discussion in designing resettlement and rehabilitation program at the APs preference attuned to the development goals of the project investment. Consultation meetings conducted include: (a) two information, education, and communication (IEC) meeting with local government officials of Quezon City (11 January 2021) and Marikina City (14 January 2021), (b) three stakeholder consultation meetings (SCMs) conducted with affected persons (28 January 2021, 16 February 2021 and 08 March 2021) and (c) a focus group discussion (FGD) with identified vulnerable groups and business sector (16 February 2021).

13. Grievance Redress Mechanism. To facilitate resolution-building from AP’s concerns, complaints or general grievance related to the project, a Grievance and Redress Mechanism (GRM) will be established prior to Loan effectiveness. This will allow more efficient resolution of grievance through meaningful discussion among the stakeholders and DPWH, and can also provide information sought by the public on the project. The Department of Public Works and Highways (DPWH) will employ GRM officers who will serve as repository of complaints. Unresolved issues can be elevated to the Resettlement Implementation Committee (RIC). If RIC fails to address the complaint, this will be escalated to the UPMO ROW Task Force (URTF). Finally, any grievance that cannot be resolved in these three levels can be filed in the proper courts upon the option of the AP. Although, APs may seek redress through the court system at any stage of the project-level grievance redress process. No charge shall be made to the APs for all the administrative and legal fees incurred during the grievance redress process. Grievances can be filed in various formats and channels including physical help desk, email, text message, phone call or post mail.

14. Resettlement Policy. The RP follows ADB Safeguard Policy Statement (SPS) of 2009 and relevant Philippine laws and procedures. DPWH, the Implementing Agency (IA) for the Project will uphold the IR policy principles for the Project as set out in this RP. This RP will be updated upon validation of the survey output by DPWH and finalization of the Independent Property Appraiser’s (IPA) valuation report which provides the compensation amounts applied to properties as basis for the final resettlement budget.

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Addendum RPs may be required to address additional impacts such as potential impacts associated with utility relocation, temporary construction yards, loss of access and relocation plan for the community facility.

15. Affected persons and Eligibilities. The cut-off dates of eligibility for non-landowner APs are 28 January 2021 (Barangays Tañong and Jesus dela Peña) and 11 February 2021 (Barangay Calumpang) the starting date of the census and structure tagging of APs. While cut-off-date for eligibility of landowner is upon issuance of Notice of Taking (NOT). Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

16. Compensation and Entitlements. Entitlements and compensation are determined according to the nature of the impacts. Allocations have been provided by DPWH after its validation process and these cover all types of IR losses. A range of entitlements is provided in a project entitlement matrix per RP that covers compensation for land, structures and other improvements, crops, fruit trees, and perennials. Other forms of entitlements are through transportation allowance or assistance, transitional allowances and resettlement assistance prior to displacement, land clearance and commencement of works in any affected areas. Both spouses heading affected households will jointly be invited when compensation is disbursed.

17. Relocation and Resettlement of Displaced Households. There are 8 landowner and non-landowner households with severely affected houses and need relocation assistance. Based on the result of detailed measurement survey, four (4) out of five (5) landowner households need to find a replacement property somewhere else. DPWH will assist these households in finding new place to live. They may use the compensation they receive for the affected property to acquire a new property or if they prefer bigger and better property, they may apply for a housing loan through Pag-IBIG and use portion of the compensation as partial payment. The other landowner household can move back to the residual land where they can build a completely new structure upon removal of their severely affected structure. The three (3) non-landowner households that rent on the affected residential structure will be assisted in finding an alternative rental space of similar structure and rate so they can sustain the monthly cost as they did before they were affected by the project. DPWH will help the households in finding new place to live in and will provide other relocation assistance and allowances. DPWH shall also request the local government of Marikina City and/or the key shelter agencies under the Department of Human Settlements and Urban Development (DHSUD) on their available housing inventories where households can be accommodated/absorbed into the existing housing programs/projects. While finalizing the resettlement arrangement, DPWH shall provide rental subsidy to households until they transfer to their permanent housing.

18. Livelihood Restoration Program. Eligible to participate in the Livelihood Restoration Program (LRP) are (i) those whose livelihoods or productive resources are severely affected, (ii) those whose living standards are otherwise significantly disrupted by being required to physically relocate, or (iii) who are classified as especially vulnerable. Many existing livelihood programs/skills trainings in the city will be extended to LRP beneficiaries. The main service providers are LGU, Department of Agriculture (DA), Department of Social Welfare and Development (DSWD), Technical Education and Skills Development Authority (TESDA) and a service provider for entrepreneurial development to be engaged by DPWH. There are 18 affected households who are eligible to participate in the LRP including 9 vulnerable HHs, 4 business owners, 5 employees of affected business. It is underscored that severely AHs may also be vulnerable similar to vulnerable HH that may possess multiple indicators of vulnerability.

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19. Resettlement Budget. The budget for Bridge 1: Marcos Highway - St. Mary Bridge RP is Php 1,224,026,212.36 (approx. 25,209,066.26 USD) and is part of the government counterpart.

20. Institutional Arrangement. DPWH is the Implementing Agency (IA) of the Project. Under DPWH is the Unified Project Management Office – Bridges Management Cluster (UPMO-BMC) which will be directly responsible in the implementation of the project. UPMO-BMC will be supported by the UPMO ROW Task Force (URTF) and Environmental and Social Safeguards Division (ESSD) in the land acquisition and resettlement. Other key institutional stakeholders include the local government of Marikina City, Department of Trade and Industry (DTI) and TESDA. A Resettlement Implementation Committee (RIC) will be created at the local level to assist UPMO-BMC in the validation of survey results and in addressing grievances of APs.

21. Implementation Schedule. Below table summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RP. Start of project implementation begins with the contractor provided with notice to proceed to commence with administrative and mobilization activities prior to commencement of civil works. 2021 2022 2023 2024 2025 RAP IMPLEMENTATION ACTIVITIES Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 A Project Preparation Phase 1 Preparation of RP 2 ADB Approval of Updated RP 3 MOA with NGAs (i.e., housing agency, TESDA, LGU) 4 Procurement of civil works 5 Establishment of GRM 6 Re-survey of affected Properties and Persons

B Implementation Phase B1 Land Acquisition 1 Validation of Census and Survey ` ` 2 Issuance of Notice of Taking 3 Validation of Proofs of Ownership 4 Procurement of GFI/IPA 5 Valiation of Appraisal by the GFI 6 Issuance of Letter Offer 7 Payment of Compensation and other Entitlements 8 Relocate houses, shops and businesses 9 Clearing of ROW B2 Income Restoration 1 Skills Training 2 Hiring for Construction Phase 3 Restoration of affected shops, businesses

C Construction 1 Issue Notice for Start of Civil Works 2 Start of Civil Works

D Monitoring Phase 1 Internal monitoring 2 Hiring of External Monitoring Agent 3 Frequency of Monitoring 4 Frequency of Consultation

22. Monitoring and Reporting. ESSD shall conduct the supervision and in-house monitoring of implementation of this RP and will be alternately called the Internal Monitoring Agent (IMA). ESSD will conduct monthly monitoring of all land acquisition and resettlement-related activities and prepare monthly reports. Such reports shall be consolidated into a quarterly monitoring report for submission to URTF and ADB for eventual uploading onto the ADB website. To ensure compliance, the services of an

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External Monitoring Agent (EMA) will be procured prior to start of land acquisition. The EMA will provide an independent periodic review and assessment of the implementation of the RP. Preparation of quarterly monitoring reports starts from the commencement of validation, carried out on an ongoing basis until a project completion report (PCR) is issued, whereas semi-annual monitoring and evaluation reports will be carried out for the duration of the project. A Compliance Report is to be prepared upon the completion of compensation disbursement and assistance.

v Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

I. PROJECT DESCRIPTION

1.1. Background

23. The project is located in the City of Marikina which is at the eastern border of Metro Manila. The city has 16 barangays covering a total land area of 2,314.37 hectares. It is divided into two congressional districts with population density of 22,949 per km2. It is considered as the main gateway of Metro Manila to the Provinces of Rizal and Quezon through its major thoroughfare Marcos Highway. It is bordered on the west by Quezon City, on the south by Pasig City and Cainta, on the north by the municipality of San Mateo and on the east by Antipolo City1.

24. The Metro Manila 3 Priority Bridges (MM3PB) Project is one of the high priority projects in the government’s Build, Build, Build Program which involves the construction of three bridges crossing Pasig-Marikina River and Manggahan Floodway. The Project will provide additional river-crossing structures to decongest the existing bridges in the vicinity, hence, mitigating the risk of overloading them. The project is financed by the Asian Development Bank under Loan No. 3589- PHI: Infrastructure Preparation and Innovation Facility for the Preparation of the Metro Manila Bridges Project. Further, the entire project is also categorized as A for ADB’s involuntary resettlement safeguards.

25. The Project includes three (3) bridges, namely: (i) Marcos Highway - St. Mary Bridge, (ii) Homeowner's Drive - A.Bonifacio Ave. Bridge and (iii) Kabayani St. - Matandang Balara Bridge. Bridge 1 connects Barangay Tañong and Barangay Jesus Dela Peña until Barangay Calumpang, adjacent to SM City Marikina, while Bridge 2 Homeowner's Drive - A.Bonifacio Ave. Bridge connects Brgy Sto Niño which passes through Homeowner’s Drive to Brgy Jesus De la Peña. Lastly, Bridge 3 Kabayani St. - Matandang Balara Bridge connects Katipunan Extension to Kabayani St. A total of seven barangays will be affected by the project right-of-way (PROW) namely: Calumpang, Jesus dela Peña, Tañong, Santo Niño, Tumana, Concepcion Uno, and Nangka, all in Marikina City.

26. MM3PB Project aims to:

(i) Improve the capacity and efficiency of the road transport network in Metro Manila and alleviate traffic congestion. (ii) Contribute to a more sustainable social and economic development in Metro Manila. (iii) Enhance the resiliency of Metro Manila road network against natural disasters. (iv) Extend the life of existing bridges by decongesting these bridges from heavy traffic, thus reducing bridge maintenance cost requirements.

1.2. Scope of Project

27. Three separate RPs will be prepared for the project; one RP for each bridge. This RP covers Bridge 1: Marcos Highway - St. Mary Bridge which has a total length 1,582.6 meters and focuses on impacts associated with acquisition of lands and covers landowners and any losses associated with that such as residences, businesses, and other establishments/facilities in the affected areas. Marcos Highway - St. Mary Bridge connects two barangays in Marikina City. Three barangays in Marikina City will be affected by this bridge namely: Barangay Tanong and Barangay Jesus dela Pena which cover

1 Source: Marikina City Website. Retrieved from: https://marikina.gov.ph/webmarikina/Our-City.html on March 15, 2021

6 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Provident Village and some areas circumscribing SM Mall Marikina in Barangay Calumpang.

1.3. Proximity to Ancestral Domain

28. There are no ancestral domains nor defined indigenous peoples occupying the project sites since the Project location is in the densely urbanized areas of Metro Manila, consisting of residential and commercial land uses

1.4. Description of the Project

29. Stationing on Marcos Highway - St. Mary Bridge starts at St. Mary Ave. where the approach ramp or the road crosses the Marcos Highway. The bridge will also pass-through Riverbank Mall Property which is currently being leased by BF Property along the SM Mall Marikina. The bridge then advances to the Pres. Diosdado Macapagal Bridge.

30. The approach ramp/road on St. Mary Ave. (Brgy Tañong) will be linked to the A. Bonifacio Ave. which is one of the major roads in Marikina City. This side will be fitted with two (2) service roads to accommodate the in/outbound traffic within the Provident Village. On the other hand, the River Drive St., will be built with Vertical Clearance in which the gradient design is in conformity with optimum DPWH requirements.

31. The bridge intends to offload the traffic at A. Bonifacio Ave. It shall serve as an alternative route for vehicles passing through Riverbank Mall and Marcos Highway. Commuters using LRT 2 Katipunan Station passing through A. Bonifacio Ave will also have an alternative route. As the bridge is also linked to Marcos Highway through St. Mary Ave., it will also serve as an alternative for traffic flow going to Pasig and Cainta. It will also provide an option for the traffic flow from FVR Road going to Marikina City using the bridge from Pres. Diosdado Macapagal Bridge.

1.4.1. Summary of Alignment Options

32. There is a sharp comparison between the alignment used in the FS stage and the DD stage. Option 1 presents the FS level alignment and the Option 2 the DD level alignment. Table 1 presents the summary of considerations that were studied for both options.

Table 1: Summary of Points Considered for Marcos Highway - St. Mary Bridge Components Option 1 Option 2 Alignment Directly connected to J.P. Rizal St. Connects St. Mary Ave. to J.P. Rizal St. (North-South arterial road) Bridge Design The bridge total length is 2,178.1 m. Low bridge construction cost due to which will entail high construction cost. shorter length at 1,582.6. It is also It may also be designed as an possible to utilize the existing riverbank Extradosed bridge. The bridge may road. The small, curved radius (180m) also serve as a lifeline facility as well as makes it a disadvantage in putting temporary evacuation area for low-lying aesthetics in the bridge communities. Traffic Impact Improved connection between Quezon Reduces traffic impact at Marcos City and Marikina City. However, it has Highway as the bridge is linked to the lower accessibility as the end point is under road of Marcos Highway. directly connected to a one-way street. However, this makes it a less accessible to the highway. ROW Acquisition High ROW acquisition and Low ROW acquisition and Resettlement Resettlement

7 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

River Impact There will be eleven (11) piers that will Four (4) piers will be installed in the be installed. Such will cause dead water river and hydraulically zones and will also cause flood level disadvantageous. rise.

33. Each component for both options were analyzed to come up with the preferred alignment. Option 2 was used due to less resettlement impact.

1.5. Civil Works to be Conducted

1.5.1. Main Bridge Type

34. The bridge will be built as a Prestressed Concrete Box Girders composed of four (4) spans: 40m. - 47.5m. - 47.5m - 40m. with additional two (2) lanes dedicated as Biking Lanes in compliance with DPWH DO 88 series of 2020.

Figure 1. Plan and Profile of Marcos Highway - St. Mary Bridge

35. The Marcos Highway - St. Mary Bridge has the longest length among the three bridges at 1,582.6 m broken down as follows: (i) road length, 1090.8 m, (ii) MSE wall 166.8 m, (iii) voided slab 150 m, and box girder 175 m.

8 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

1.5.2. Approach Spans and Approach Ramps

36. Approach Spans which are typically 25m long for both ends of the bridge will have Voided Slabs supported on circular piers. On the other hand, MSE walls will be used for the approach ramps. At the J.P. Rizal St. (Brgy. Calumpang), there will be additional At-grade road as well as a roundabout as a mitigation measure for traffic conflicts. Another roundabout under the Marcos Bridge is also proposed with the similar intentions.

1.5.3. Bridge Design

37. The bridge is to be designed with long span prestressed box girders for the main spans. This will be incorporated with voided slab section in the approach spans. There will also be non-traditional railings as part of the bridge aesthetics as well as installed with bridge lighting.

1.5.4. Construction Yards, Borrow Pit and Spoil Disposal Area

38. Location and selection of construction yards borrow pit, and spoil disposal area will be determined by the Civil Works Contractor. The UPMO-BMC and ESSD will assess the potential impacts and report on these in monitoring reports, as specified in Chapter 13. In the event that construction yard, borrow pit and spoil disposal area result to involuntary resettlement impacts, such as land acquisition or land clearance that displaces people using the land, temporarily or permanently, then such impacts will be considered as impacts under the scope of this RP. In such cases the same entitlements as in this RP will be applied to those affected. Corresponding safeguard documents and plans or an addendum to this RP will be prepared.

1.6. Anticipated Social Safeguards Impact

39. Since the project is located in Metro Manila, which is a highly urbanized area, the project is expected to result in the displacement of some households from their current residence and disruption in the operation of some businesses. With the affected businesses are employees who could lose income, temporarily or permanently, because of business closure, laying-off as a result of minimized operation or temporary disruption in business operation during transition.

40. The project is not expected to displace indigenous peoples from their ancestral domain nor is there any indigenous people affected by the project.

41. Social safeguards ensure that displaced persons will be assisted in the process of rehabilitation and restoration of their pre-project condition by providing sufficient compensation to acquire similar asset as those acquired from them by the government, and by providing other assistance during the transition period. As a result, the cost of land acquisition and resettlement is expected to be high largely due to the location of the project where cost of land, non-land assets and cost of living is relatively high.

9 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

42. This chapter presents information on losses associated with land acquisition including impacts on people, properties, and livelihoods.

2.1. Methodology to Assess Impacts

43. The assessment of involuntary resettlement impacts for this project was undertaken through series of activities starting with consultation meetings, followed by census of potentially affected persons (APs) using survey forms that captured pertinent socio- economic data and information related to the assessed impacts; and inventory of losses which includes census and tagging of affected structures, parcellary survey and detailed measurement survey. These activities intend to identify all affected land and non-land assets and to assess the severity of impact and replacement cost of affected properties and livelihood.

44. Consultation meetings include information, education, and communication (IEC) meetings with the local government officials; stakeholder consultation meeting (SCM) with APs; and focus group discussion (FGD) with vulnerable sector, business, and livelihood sector. Insights on possible impacts of the project to APs, and corresponding recommendations to avoid or minimize these impacts were gathered in all these meetings which informed the conduct of subsequent activities to further understand and assess these impacts.

45. The metes and bounds of project right-of-way was temporarily demarcated by the parcellary survey team to serve as reference for ground activities. Structures and improvements inside the demarcated area were tagged. Owners and occupants of these structures were listed along with their contact details; preferences for interview i.e., online, phone interview, onsite; and availability to conduct the DMS. This information was recorded in a survey permit which the APs signed as a proof that they consented in conducting surveys within their property2. APs were informed that they have the option to refuse the survey and what are the possible implication if they refuse. The intention is to help them make an informed decision. For the structures where the APs refused the survey or were absent, tag numbers were assigned but no actual survey was conducted.

46. Socio-economic interviews were administered by trained enumerators. Most of the interviews were conducted through phone call while some were conducted through face- to-face interview in a designated area in each barangay.

47. Detailed Measurement Survey was conducted after structure tagging. Replacement costs of affected land and trees were estimated based on current market value while other non- land assets were estimated based on current prices of construction materials, labor cost and other associated cost needed to rebuild the affected structures. To ensure that estimate is accurate, Bill of Quantities (BOQ) were prepared for each structure. A detailed report on valuation methodology for land, structures and trees is attached in Appendix Volume 3.

48. All RP related surveys and activities for Bridge 1 were conducted on 28 January 2021 in Barangays Tañong and Jesus dela Peña and 11 February 2021 for Barangay Calumpang. The result of these surveys including plans, master lists, valuation and BOQ will be validated by DPWH.

2 Note: Consent was obtained prior to conducting any survey (i.e., PROW demarcation, tagging, SES, DMS) within AP’s property.

10 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

49. Resurvey of affected properties and persons will be undertaken during the updating of this RP to attain the target 100% requirement of DPWH ESSD.

2.2. Cut-off Date

50. The cut-off-date for landowners will be upon receipt of Notice of Taking (NoT). For non- landowners, the cut-off dates of eligibility were on 28 January 2021 in Barangays Tañong and Jesus Dela Peña and 11 February 2021 in Barangay Calumpang the starting date of census and structure tagging of APs. PAPs were informed during the first Stakeholder Consultation Meeting (SCM) about the policy on cut-off date to prevent the influx of non- residents who might take advantage of project entitlements. This means that those who move into the project area or build structures after the cut-off date are no longer eligible for compensation.

2.3. Overview of Land Acquisition and Resettlement Impacts

51. Below is the summary of potential project impact based on the Detailed Measurement Survey and Socio-Economic Surveys. There are 33 APs that will be affected severely or marginally by the project. Of these APs, eight (8) are households that will be displaced with 29 household members. Aside from affected households there are eight (8) juridical persons like corporation, GOCC, LGU and religious organization. The total affected land area for the ROW is 88,522.18 m2 from 47 lot parcels owned by 28 APs. Of the 47 affected parcels, 35 are classified as residential owned by 22 APs, four (4) are commercial owned by four (4) APs, two are industrial owned by one (1) AP, and six (6) are public land. It can be observed that some PAPs own multiple lands.

52. Within the bounds of these affected lands are 49 structures owned by 19 APs. Out of the 49 structures, 11 are classified as residential owned by 13 APs. One of the residential structures is co-owned by three (3) siblings who claim to be heirs of the deceased owner. Out of the 13 owners of the affected structures, six (6) were unavailable/ cannot be located during the survey, two rent out the residential structure, and five owners reside in the affected structure. Aside from the five residing property owners, there are three (3) households renting in the residential structures, bringing the number of displaced households to eight (8).

53. Other affected structures include one (1) commercial structure owned by one (1) AP, 35 associated structures owned by 14 APs, and one (1) church classified as community facility, owned by a religious organization. The affected portion of the church is the garage area which is part of the whole structure. The church’s garage is marginally affected.

54. The project will also affect nine (9) vulnerable APs. Two of the APs are households belonging to poverty threshold, of which one is headed by a solo parent. Three households are headed by an elderly, of which one is also a solo parent while the other household has a member with PWD. The vulnerable business owner is an elderly, while APs whose impact is on property only are all elderly, one of which is a widow.

55. Aside from structures, there are 714 plants and trees within the affected land, 514 of which will be compensated and are owned by eight (8) APs.

Table 2: Summary of Project Impacts Type of Loss Unit Quantity Total Affected Persons AP 33 a. Affected households AH 8 b. Affected Individuals (HH members) Person 29

11 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Type of Loss Unit Quantity c. Affected Non-Residing Property Owners AP 14 d. Affected Juridical Persons (Public/Private) Unit 11 Loss of land m2 88,522.18 a. Total affected parcels of land Unit 47 APs by loss of land AH 28 b. Affected residential land m2 67,096.90 Affected parcels of land Unit 35 APs by loss of land AHs 22 c. Affected public land (road lot and river easement) m2 19,858.20 Affected parcels of land Unit 6 d. Affected commercial land m2 1,347.03 Affected parcels of land Unit 4 APs by loss of land AHs 4 e. Affected industrial land m2 220.05 Affected parcels of land Unit 2 APs by loss of land AHs 1 Total loss of structures Unit 49 f. APs by loss of structures AH 19 g. Institutions/corporations by loss of structures Unit 2 h. Loss of residential structures Unit 11 AHs by loss of residential structures AH 8 i. Loss of commercial structures Unit 1 APs by loss of commercial structures AH 1 j. Loss of associated structures Unit 35 APs by loss of associated structures AP 14 k. Affected community structures Unit 1 Affected trees and plants Unit 514 l. AHs by loss of trees AH 8 m. AHs by loss of plants AH 8 Affected business income Unit 4 n. APs by loss of business income AP 4 o. APs losing employment from affected businesses AP 5 Total Vulnerable Households AH 9 a. Household with elderly household head >60 AH 7 b. Poor household AH 2 c. Household with solo parent with dependents AH 3 d. Person with disability AH 1

2.4. Impact on Land

56. The construction and implementation of Metro Manila 3 Priority Bridges (MM3PB) Project – Bridge 1 will be affecting an approximate of 88,522.18 m2 land from three barangays of Marikina City (Table 4). Affected land consist of 68,663.98 m2 of private land and 19,858.20 m2 of public land. Barangay Calumpang has the largest affected area with 82,604.71 m2 of land followed by Barangay Jesus Dela Peña with 3,488.44 m2 and Barangay Tañong with 2,429.03 m2.

12 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Table 3: Impact on Land By Land Classification Private Land (m2) Public Land (m2) Total Project River Barangay Land Take Commercial Industrial Residential Road Lot 2 Total Easement Total (m ) (m2) (m2) (m2) (m2) (m2) Calumpang 82,604.71 871.03 220.05 61,690.18 62,781.26 19,697.94 125.51 19,823.45 Tañong 2,429.03 0 0 2,429.03 2,429.03 0 0 0.00 Jesus Dela Peña 3,488.44 476 0 2977.69 3,453.69 34.75 0 34.75 TOTAL 88,522.18 1,347.03 220.05 67,096.90 68,663.98 19,732.69 125.51 19,858.20 % 100.00% 1.96% 0.32% 97.72% 77.57% 99.37% 0.63% 22.43%

57. The required 88,522.18m2 is divided into 47 parcels of land belonging to or being utilized by 28 APs. Table 4 further shows that land use classification of affected private lands include 1,347.03 m2 commercial land, 220.05 m2 industrial land and 67,096.90 m2 residential land. Impact on residential land is highest at 77.57%. Public lands include road lot with 19,732.69 m2, of which 19,697.94 m2 are portion of Marcos Highway; and river easement with 125.51 m2.

58. In terms of severity of impact on land (Table 5), 18 parcels are severely affected including a residential land owned by a private company that significantly brought up the total project land take (See Appendix Volume 3). DPWH generally determines severity of impact on land based on 20% impact on the property assuming that the remaining land is no longer viable for economic use. Economic viability is regarded as the capability of the remaining land to sustain or develop its current operation which is determined through socioeconomic factors and research3. See Appendix Volume 3 for other considerations used in assessing impact on land.

59. Once categorized as severe, the entire parcel is computed and included in the total project land take and becomes eligible to be acquired entirely upon the option of the AP.

60. Aside from affected trees, there are no identified user, occupant or structures within the river easement. These trees are owned by the LGU of Marikina City and will be compensated/replaced accordingly. Affected road lots will become part of the bridge and will not result to loss of access or loss of road.

Table 4: Severity of Impact on Land by Land Use Classification Land Number of Affected Land Parcels Number of APs Barangay Classification Severe Marginal Total Severe Total Commercial 0 3 3 of Industrial 0 2 2 Residential 4 5 9 Calumpang River Easement 0 1 1 Road Lot 3 1 4 Subtotal A: 7 12 19 Residential 4 9 13 Tañong Subtotal B: 4 9 13 Commercial 1 0 1 Jesus Dela Residential 6 7 13 Peña Road Lot 0 1 1 Subtotal C: 7 8 15 Total 18 29 47

3 Valuation Report of Affected Land, MM3PB Bridge 1, First Independent Value Experts, Inc. (FIVE) and EcosysCorp, March 2021.

13 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

2.5. Impact on Structures

61. Severity of impact on structures is defined by how the affected portion will affect the integrity of the remaining portion once the affected portion has been removed/demolished. Structures are classified as severely affected if more than 20% of the structure is affected or where less than 20% is affected but the remaining portion can no longer serve its function or if structural integrity is impaired. When less than 20% of the structure is affected or where the remaining portion can still serve its function or if structural integrity is intact, it is classified as marginal4. Detailed measurement survey shows that 42 or 85.71% of the structures are severely affected, while only 14.29% are marginally affected. Table 6 provides the details.

Table 5: Severity of Impact on Structure by Type Main Associated Barangay Total Severe Marginal Subtotal Severe Marginal Subtotal Calumpang 0 0 0 8 0 8 8 Tañong 7 0 7 15 1 16 23 Jesus Dela Peña 4 3 7 8 3 11 18 Total 11 3 14 31 4 35 49 % 78.57% 21.43% 28.57% 88.57% 11.43% 71.43% 100.00% % Severe 85.71%

62. Out of the 42 severely affected structures, 31 are associated structures and 11 are main structures. Main structures refer to the primary structure within a property, while associated structures are the secondary and accessory structures that are linked to a main structure i.e., fence, water tank, gate, etc.

63. Out of the 49 structures, 35 are associated structures, 13 are main structures and 1 community structure. From the 35 associated structures, 31 are severely affected and four (4) are marginally affected while out of the 14 main structures, 11 are severely affected and three (3) are marginally affected.

64. Affected associated structures include an electrical panel board, an elevated water tank, a garage, a gazebo, a pedestal, a plant box, a portable toilet, a rental room, a sludge pond, a storage, a storefront, a toilet, a truck scale pedestal, four (4) gates, four (4) grotto shrines, and 13 fences. Twenty-three (23) associated structures located inside the ROW are affected entirely, 10 associated structures are affected more than 20% but two of these structures were classified as marginally affected because the remaining portions are still viable for continued use. These two structures are both fences. Only two of the associated structures are affected by less than 20%.

65. The affected main structures include 11 residential structures, a church, one (1) commercial structure and one (1) function hall. The use of the function hall was not determined because the owner is not available during the survey.

66. The affected portion of the church is a garage area. The garage is part of the main structure hence was classified as such. Nonetheless, the impact is considered insignificant and is not expected to interrupt the normal operations of the church during or after land

4 World Bank Involuntary Resettlement Sourcebook (2004) as cited in the Replacement Cost Study of Affected Structures, MM3PB Bridge 1, First Independent Value Experts (FIVE) and EcosysCorp, Inc., March 2021.

14 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

acquisition. Aside from noise and other possible nuisances during construction period, the project will not cause disturbance to church goers.

Table 6: Use of Affected Structures Impact on Structures Use of Structure Inside 20%> <20% Total Access Affected ROW Affected Affected Associated Structures Abandoned structure 0 1 0 0 1 Electrical panel board 1 0 0 0 1 Elevated water tank 1 0 0 0 1 Fence 6 6 1 0 13 Garage 0 0 1 0 1 Gate 4 0 0 0 4 Gazebo 0 1 0 0 1 Grotto shrine 4 0 0 0 4 Pedestal 1 0 0 0 1 Plant box 1 0 0 0 1 Portable toilet 1 0 0 0 1 Rental Room 0 1 0 0 1 Sludge pond 1 0 0 0 1 Storage 1 0 0 0 1 Storefront 1 0 0 0 1 Toilet 0 1 0 0 1 Truck Scale Pedestal 1 0 0 0 1 Subtotal (Associated) 23 10 2 0 35 Main Structures Residential 2 7 1 1 11 Church (Garage) 0 0 1 0 1 Commercial 0 0 1 0 0 Function hall 0 1 0 0 2 Subtotal (Main) 2 8 3 1 14 Total (Main + Associated) 25 18 5 1 49

67. Out of the 14 main structures, five are empty or no occupant/user at the time of census and tagging, four of which are residential structures, and one is a function hall.

2.6. Impact on Affected Persons

68. Affected person (AP) is a general term that refers to all affected persons or legal entity who, as a result of land acquisition for the project, will lose land, non-land assets, income, and dwelling. These persons or legal entities may be an individual, a household, a government office, organization, or a corporation. Groups of people like households, corporations and organizations are considered as a single entity and treated as one unit of AP.

69. There are 33 APs, eight (8) of which are juridical persons (consisting of five (5) private companies, one (1) religious organization, one (1) government owned and controlled corporation (GOCC) and one (1) LGU. Four of the five companies are landowners while the other company is a structure owner that leases land from another company that owns the affected land. All four companies that own the affected land do not have any affected structures.

15 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

70. The GOCC will lose a marginal portion of land while the LGU of Marikina will lose some trees planted along the river easement.

71. The religious organization owns both the land and structure. Detailed measurement survey shows that the impact on both land and structure of the religious organization is very minimal and can be rendered insignificant.

72. The other 25 APs consist of 11 APs residing in the project area and 14 APs that live somewhere else. Out of the 11 APs residing within the project area, only eight (8) households will be physically displaced from their dwellings. The eight includes three (3) renters and five (5) property owners. The other three (3) remaining residing APs will not be displaced from their homes but two of them will lose income due to impact on their business, while the other one will lose associated structures. Out of the 14 APs that do not reside in the project area, only one will lose income due to impact on their apartment business. The rest will only lose property with no other form of displacement to be incurred.

73. Based on the described impacts above, APs of this project can be generally categorized as follows:

(i) Affected Household (ii) Affected Business; and (iii) APs whose Impact is on Asset only

74. Affected households are those who will be displaced from their current residential structure. Affected businesses are those who will either lose their business or whose business operation will be interrupted or minimized as a result of land acquisition. APs whose impact is on asset only refer to those who will not be displaced from their homes, nor their business or income sources be affected, but whose asset i.e., land, structure, improvement, and trees will be marginally or severely affected.

75. Eight (8) of the 33 APs are affected households that will be displaced from their current residence, four (4) are APs with affected business, and 21 are APs whose only impact is on their asset. Table below shows that landowners comprise 85% of the APs while non- landowners are 15%.

76. Of the eight households, five are landowners and three are non-landowners. Impacts on landowner APs under this category are loss of property and displacement of household. Impact on non-landowner AP is displacement of household only since there is no property taken from them. Rehabilitation will be geared towards helping them find an alternative rental space or help them own a residential property. In terms of APs with affected business, three are landowners and one is a lessee of another company. Of the three APs that own the land, two are engaged in apartment rental and the other one owns an events place. Impact on these APs are loss of property, loss of business and loss of income.

77. Majority or 21 of the 33 APs will only lose asset i.e., land, structures, and trees. These 21 APs include four (4) companies, a GOCC, an LGU, and a religious organization. Out of the 21 APs, 20 are landowners and only one (1), the LGU of Marikina, is categorized as non-landowner but owns the affected trees along the river easement. Aside from impact on their property, normal daily activities of the APs will not be disrupted significantly.

Table 7: Categories of Affected Persons by Land Ownership Household Business AP impact is asset only Barangay Total LO NLO Total LO NLO Total LO NLO Total Calumpang 0 0 0 0 1 1 7 0 7 8 Jesus Dela Peña 0 0 0 1 0 1 7 0 7 8 Tañong 5 3 8 2 0 2 6 1 7 17

16 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Household Business AP impact is asset only Barangay Total LO NLO Total LO NLO Total LO NLO Total Total 5 3 8 3 1 4 20 1 21 33 % impact type 24.2% 12.1% 63.6% 100.0% Total LO 28 % landowner 85% Note: LO – Landowner; NLO – Non-Landowner

Table 8. Severity of Impact by Tenurial Status Landowner Non-Landowner Grand Barangay Category of AP Marginal Severe Subtotal Marginal Severe Subtotal Total Business 0 0 0 0 1 1 1 Calumpang AP: Impact on Asset only 5 2 7 0 0 0 7 Subtotal 5 2 7 0 1 1 8 Business 0 1 1 0 0 0 1 Jesus Dela AP: Impact on Asset only 2 5 7 0 0 0 7 Peña Subtotal 2 6 8 0 0 0 8 Household 0 5 5 0 3 3 8 Business 0 2 2 0 0 0 2 Tañong AP: Impact on Asset only 3 3 6 1 0 1 7 Subtotal 3 10 13 1 3 4 17 Grand Total 10 18 28 1 4 5 33 % 30.3% 54.5% 84.8% 3.0% 12.1% 15.2% 100.0%

78. The 33 APs are from three affected barangays of the project – Calumpang, Tañong and Jesus Dela Peña. Most of the APs are from Barangay Tañong (17) while both Barangay Calumpang and Barangay Jesus Dela Peña have eight (8) APs.

79. All households that will be displaced are from Barangay Tañong, five (5) of which are landowners while three (3) are non-landowners. Aside from affected households, there are two (2) APs with affected business and seven (7) APs whose only impact is on their property.

80. Seven (7) out of eight (8) APs in Barangay Calumpang are landowners whose only impact is on their property. This includes four (4) companies, a GOCC and two (2) private persons. The only AP that could potentially experience disruption in operation due to impact to some of its structures is a company that leases on an affected land in Barangay Calumpang.

81. There are eight (8) APs from Barangay Jesus Dela Peña. Most of them either do not occupy or use the property; or the impact to their property is minimal that it will not result to physical displacement like in the case of the religious organization whose portion of lot and structure is minimally affected. Only one (1) out of the seven (7) APs in Barangay Jesus Dela Peña uses the property for business and will most likely lose income upon displacement.

82. Severity of impact is determined based on impact to property, residential structure, business structure and access. Based on detailed measurement survey, residential structures of all households are severely affected, hence all eight (8) households were classified as severely affected. Impact on affected businesses were assessed following ADB’s policy on 10% impact to productive land or income sources i.e., business structure

17 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

considering that such impacts would result to potential loss of income, hence all four (4) businesses were classified as severely affected as well. For 21 APs whose impact is on asset only, severity is determined following the impact on their property. If either one of the properties were severely affected, then the AP is classified as severely affected, but if impact to all his/her property is marginal, then the AP is categorized as marginally affected.

Table 9: Affected Persons by Severity of Impact Barangay Category of AP Severe Marginal Total % Business 1 0 1 3.0% A. Calumpang AP whose impact is on asset only 2 5 7 21.2% Subtotal (a) 3 5 8 24.2% Business 1 0 1 3.0% B. Jesus Dela AP whose impact is on asset only 5 2 7 21.2% Peña Subtotal (b) 6 2 8 24.2% Household 8 0 8 24.2% Business 2 0 2 6.1% C. Tañong AP whose impact is on asset only 3 4 7 21.2% Subtotal (c) 13 4 17 51.5% Grand Total (A+B+C) 22 11 33 100.0% % 66.7% 33.3% 100.0%

83. Most APs in barangay Calumpang are marginally affected (5). In Barangay Jesus Dela Peña, there are six (6) severely affected APs and two (2) marginally affected APs, while in Barangay Tañong, there are 13 severely affected APs and four (4) marginally affected APs.

84. Aside from the category of AP based on type of impact, APs can also be described between those residing within the project area, referred to here as “Residing” and those who do not live within the project area, referred to as “Non-Residing”. Non-residing APs may own land, residential structures, associated structures, or operate a business within the project area but they live somewhere else, hence impact is loss of property or loss of income in case of business. Table below shows that most of the APs are non-residing (22).

85. Residing APs are those that reside within the project area. This include those whose residential structures are directly affected by the project hence, their household will be displaced and need to resettle somewhere else. There are eight (8) such APs. This also includes those, who reside within the project area and whose land, associated structures or business structures are affected, but their residential structures are not affected and are still viable and safe for continued use, hence are not classified as affected household. There are three (3) APs under this category wherein two of them have severely affected business, and another one with marginally affected associated structures. Their residential structures and access are not affected at all.

Table 10: Impact to Residing and Non-Residing APs Residing APs Non-Residing APs Total Barangay Category of APs Severe Marginal Subtotal Severe Marginal Subtotal

Business 0 0 0 1 0 1 1

A. Calumpang AP: Impact on Asset only 0 0 0 2 5 7 7

Subtotal 0 0 0 3 5 8 8

18 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Business 1 0 1 0 0 0 1 B. Jesus Dela AP: Impact on Asset only 0 0 0 5 2 7 7 Peña Subtotal 1 0 1 5 2 7 8

Household 8 0 8 0 0 0 8

Business 1 0 1 1 0 1 2 C. Tañong AP: Impact on Asset only 0 1 1 3 3 6 7

Subtotal 9 1 10 4 3 7 17

Grand Total (A+B+C) 10 1 11 12 10 22 33

% 30.3% 3.0% 33.3% 36.4% 30.3% 66.7% 100.0%

86. Indigenous Peoples. The proposed site for Bridge 1 is in highly urbanized area. Based on surveys and land research, no ancestral domain land will be affected nor is there any indigenous people affected by the project.

2.7. Affected Trees

87. The Detailed Measurement Survey identified a 514 trees and ornamental plants, of which 60 are fruit bearing, 7 are timber and 447 are ornamental. The greatest number of trees were found in Jesus Dela Peña with 447, followed by Tañong with 58 and Calumpang with 9. There are no affected crops in any of the barangays.

Table 11: Affected Trees and Plants Type of Trees/Plants Number of APs Barangay Total Fruit-bearing Timber Ornamental Owning Trees Calumpang 7 2 0 9 3 Jesus Dela Peña 4 2 441 447 3 Tañong 49 3 6 58 2 Total 60 7 447 514 8 % 11.7% 1.4% 87.0% 100.0%

88. The 514 includes trees and plants, such as Gmelina (Gmelina arborea), Banana (Musa sapientum), Papaya (Carica papaya), Bamboo (Bambusa vulgaris), Mango (Mangifera indica), Coconut (Cocos nucifera), and Tamarind (Tamarindus indica).

2.8. Affected Community Facilities

89. The only affected structure that can be considered a community facility is the church in Barangay Jesus Dela Peña. However, impact to both land and structure is very minimal that it is not expected to disrupt church goers and religious activities.

2.9. Utilities

90. Utilities. Utility relocation associated with land clearance for the project is expected to utilize existing government owned easements where feasible. Utilities include overhead power lines and telephone lines. There may also be underground and at grade utilities such as waterline and drainage canals. A relocation plan for these utilities will be prepared in accordance with DPWH’s existing arrangement with utility companies and concerned

19 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

government agencies. The schedule of utilities relocation will commence after all APs are relocated.

91. Should there be any unanticipated utility relocation related to involuntary resettlement impacts, DPWH will prepare an addendum to the RP covering the impacts consistent with the principles and requirements set out in this RP. A due diligence report confirming application of RP principles and entitlements set out in Chapter 7 will be prepared by DPWH as part of their internal monitoring. This report shall be included as an attachment to its regular monitoring reports to be submitted to ADB.

20 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

III. SOCIO-ECONOMIC INFORMATION AND PROFILE OF AFFECTED PERSONS

92. This chapter describes the Socio-Economic Profile of the affected persons (APs) of MM3PB Bridge 1 Project.

93. The survey covered socio-demographic characteristics, assets, livelihood and living condition, and resettlement preferences of households that will be potentially displaced; profile and employee information of affected businesses; vulnerability of APs; preferences for livelihood restoration; and project perception. Data gathered from this survey will be used to determine eligibility for compensation, other forms of assistance, and budget. Moreover, this profile would serve as baseline data to gauge and monitor changes to the quality of life of affected persons after displacement.

3.1. Purpose of the Socio-Economic Survey

94. The main purpose of conducting the survey is to:

(i) Determine the profile of affected persons (APs), including households, owners of businesses operating within the ROW, including their socio-demographic characteristics, tenure status, livelihood sources, economic status and/or living standards, to inform the preparation of the resettlement plan; (ii) Identify and assess the vulnerability of APs, to further impoverishment; and (iii) Establish baseline data of the affected persons for measuring the social impact of the project.

3.2. Survey Methodology

95. Affected persons were determined based on the project alignment approved by the project proponent. Said affected persons were invited to a stakeholder consultation meeting to inform them about the project and the survey activities that will be conducted in their area. The policy on the cut-off date was also disclosed to APs during the consultation.

96. After the consultation, affected structures were tagged using structure tag stickers. Owners and occupants of the structures at the time of census were listed along with their contact numbers and preferred mode of interview5 for socio-economic survey. The socio-economic interview form was developed and subsequently approved by ADB and DPWH. The form was then automated for efficiency and accuracy and minimize the errors in data capture and encoding.

97. Due to the COVID19 pandemic, health and safety protocols were strictly observed for both stakeholder engagement and survey activities. Potentially affected persons have the option to attend the meetings online at the safety of their homes using the EcosysCorp6 website and Zoom application. For affected persons without the means to attend the meeting online, onsite meetings were arranged following the strict health protocols. This was done to ensure the safety of both the affected persons and project staff from contracting COVID 19.

98. Both structure tagging and socio-economic interview targeted to cover all APs and their assets within the project ROW. However, APs who refused, cannot be contacted, cannot be found, and unavailable during census were not interviewed hence, are not included in this socio-economic information and profile. DPWH will exert efforts to locate these APs

5 Modes of interview to choose from are: (i) interview via phone call, (ii) face-to-face interview in a designated area, and (iii) self-administered interview through online survey form. No AP chose the 3rd option. 6 EcosysCorp

21 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

once movements are lifted due to Covid 19. Notwithstanding, these APs are eligible for compensation/entitlement since they are present during the cut-off date.

3.3. Schedule

99. The Census and Tagging survey of the APs in barangays Tañong, and Jesus Dela Peña was conducted on 28 January 2021 and field surveys in barangay Calaumpang was conducted on 11 February 2021.

3.4. Limitations of the Socio-Economic Survey

100. Responses to survey questions were taken at face value. No proof of ownership for assets or business, documents establishing relationship among household members, or proof of income were required during the interview which implies that the data need to be validated prior to implementation to verify the responses of the APs.

101. Due to limited movement and face-to-face interaction during pandemic, not all APs were interviewed. Out of all residing APs, 81.8% were interviewed. Some of the APs refused, while those that do not reside in the project area cannot be contacted, cannot be found, and unavailable during census.

102. Resurvey of affected properties and persons will be undertaken during the updating of this RP to attain the target 100% requirement of DPWH ESSD.

3.5. Overview of Affected Persons and Survey Respondents

103. Out of 33 APs, 11 were interviewed which include six (6) households, two (2) businesses and three (3) APs whose impact is on their property only. Most of the APs are not occupying or using the affected properties and were unavailable during the census and tagging. Letters informing them about the project were sent to the addresses indicated on their property taxes in an attempt to invite them in the consultation meetings and subsequently be interviewed. However due to the restrictions brought about by the pandemic, most non-residing APs were not interviewed. Table below shows the number of APs by category and the number of APs interviewed.

Table 12: Number of Interviewed APs Number of Category of AP Interviewed % APs Household 8 6 75.0% Business 2 2 100.0% A. Residing AP: Impact on Asset only 1 1 100.0% Subtotal (A) 11 9 81.8% Business 2 0 0.0% B. Non Residing AP: Impact on Asset only 20 2 10.0% Subtotal (B) 22 2 9.1% TOTAL (A+B) 33 11 33.3%

104. In terms of tenure, nine of the interviewed APs are landowners while only two are non- landowners. Four of the interviewed affected households are landowners and two are non- landowners. All interviewed business owners and APs whose only impact is on their assets are landowners.

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105. Tables for this Chapter are provided in Appendix 5.

106. Information on Landowner APs. All landowners indicated or claimed to have proof of landownership. Proofs of ownership will facilitate fast processing of compensation during land acquisition. All landowners indicated having land titles for their properties while only one has a tax declaration apart from the land title. Five (5) of the landowner APs acquired the property through inheritance while four (4) APs purchased the affected property. Majority of the affected persons (8 out of 9) are paying real property tax for their assets. Only one business owner reportedly does not pay real property tax.

107. The affected properties are mostly registered to both husband and wife (44.4%) while some are registered either to the female household head alone (22.2%), the deceased household member (22.2%), or the male household head (11.1%).

108. Information on Non-Landowner APs. Non-landowner APs that were interviewed are affected households. Both households are paying rent on the residential structure they are occupying. Error! Reference source not found. below shows that the average rental rate for both households is Php 3,000 per month. There is no renting business owner that was interviewed.

3.6. Profile of Affected Household

109. All affected households are in Barangay Tañong, Marikina City. Out of eight affected households, six were interviewed. Included in these six (6) affected households are 29 household members that will be displaced from their dwelling.

110. Profile of Household Head. Out of the six households, four are female-headed and two are male-headed. A third of the household heads are within the 51-59 age bracket and one is within the 21-30 age bracket. Three of the household heads are already 60 years old and above. No household is headed by 21 years old below. Half of the household heads are married while the other half are widow/ers. College graduates account for half of the household heads, a third have college level education while only one reached elementary level.

111. Profile of Household Members. Of the 29 household members, more than half (55.2%) are females while 44.8% are males. A big chunk of the population (58%) belongs to the working age group of 21-40 and 41-59 years old. This indicates the capacity of the household members for gainful employment. It should also be noted that there are young (1-6 years old) and old (60 and above) household members who would have limited mobility and would need assistance during transfer.

112. More than a quarter of the household members (27.6%) are college graduates, 17.2% have college level education, another 17.2% are high school graduates, and 10.3% are

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high school level. A few have preschool education or are in elementary while 17.2% have either not gone to school or not yet of school age.

113. Tagalog accounts for more than half of the household population (55.2%). This is followed by those who identified with mixed ethnicities (31%) and a few with Ilocano, Cebuano, Ilonggo lineages among other ethnicities.

114. Livelihood and Living Condition of the Affected Household. Five of the households consider the affected house as a primary residence. This means that these households would need assistance in finding alternative dwelling elsewhere upon displacement. Noticeably, only one household considers their current residence as secondary. This household is one of the renters (non-landowners) whose primary residence is in another city in Metro Manila.

115. Poverty. A third of the households have income levels below Php10,000 while those earning below Php20,000 account for 16.7%. Another third of the households are earning below Php30,000 while 16.7% are earning below Php40,000. Four of the households are above the poverty threshold while two are below the poverty threshold which are both landowners. Of those earning above the poverty threshold, two are landowners and the other two are non-landowners.

116. Income and employment. Out of the 29 household members, 15 are economically productive and contribute to household income. Three-quarters (75%) of the household members contributing to household income derive their incomes from wage-based sources. Only a few are either self-employed (12.5%), into business or enterprise (6.3%), or other sources (6.3%).

117. Location of current income sources is critical in determining potential impact on household income during and after displacement. Those who are working within their own residence will most likely lose income source upon displacement, especially if the income source is a business or an enterprise. Wage-based and self-employed household members may not be affected significantly if they are working from home particularly if their job is online- based or do not require physical space. Household members working outside their home or somewhere else, may not also be displaced from their jobs if the resettlement site or replacement property will be accessible to their current work location.

118. Household members that currently work from home includes three (3) wage-based office worker, service industry employee, a house help and one (1) self-employed online music teacher. Based on the nature of work of those working from home, they will not be displaced economically. Those working near the barangay, other city and without definite area are not expected to lose income sources as well.

24 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

119. Expenditures. Data on household expenses can be used as an indicator to gauge if household incomes are enough to meet basic household expenses. However, not all surveyed households provided information on all expense items. Thus, the data are only indicative of the common expenses and do not necessarily represent the actual expenses of the households in the area.

120. Survey results suggest that there are two types of household expenditures, the basic household expense items, and the secondary household expense items. Basic expense items are those that a household need to survive and to create opportunities for a better life (i.e., food, health and education). These items also generated the greatest number of responses and therefore assumed to be common expense item among affected households. Secondary expenses are those that a household do not normally spend for, hence it generated the least number of responses. Secondary expense items are assumed to be either (i) not a common expense item among affected households i.e., rent and tax, or (ii) not a monthly recurring expense of the household i.e., recreation.

121. For the basic expense items, most of the household expenses are spent on food (40%). The rest of the expenses are on non-food items, health, transportation, utilities, and communication. Almost half of the secondary expenses are on loan repayments, recreation, and house rent.

122. Access to services. Access to social and financial support services is a form of short-term and long-term financial security to households in times of need. Government institutions such as the Home Development Mutual Fund (HDMF) or more popularly known as the Pag-IBIG Fund and Social Security System (SSS) provide members with benefits such housing loans, calamity loans, burial, maternity, and pension among other benefits while PhilHealth covers hospitalization costs. Memberships to these institutions are mandatory.

123. People-centered associations like cooperatives also provide similar loan opportunities to low-income clients who lack access to mainstream sources such as banks. Membership is optional for these institutions.

124. Having access to social and financial support services decreases the households’ vulnerability to shocks and unforeseen circumstances like displacement. Table below shows that four (4) households have membership in Pag-IBIG, all six (6) households have membership in SSS, and five (5) households have membership in Philhealth. Only one out of six households has membership in a cooperative.

125. Water, power, and cooking facility. All landowner households have own metered water connection while the two non-landowner households have shared water connection. Similarly, all landowner households have own electric power connection while non- landowner households have shared connection. Liquified Petroleum Gas (LPG) is the fuel

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used by five out of the six households for cooking while one non-landowner household did not provide any information.

126. Livelihood Rehabilitation Preferences of Affected Household. Employment opportunities were the preferred form of assistance as indicated by four of the households while two indicated financial assistance in finding new employment.

127. Skills related to business/finance, automotive, food preparation/technology, computer, and sales were among the identified skills set of the household members. This data will be helpful for planning livelihood interventions. The same skills set were also indicated as the preferred skills training of household members.

128. Previous Experience on Relocation and Resettlement Preferences of Affected Household. All six affected households have no previous experience of relocation. Finding alternative sites to rebuild their homes was the preferred assistance of five out of six households. One non-landowner household indicated assistance to avail of socialized or economic housing as their preference. Three of the households prefer to relocate within the same city/municipality while two indicated within the same province. One household did not indicate any preference.

129. Proximity to work/livelihood opportunities was the top consideration for the resettlement site for both landowner and non-landowner households. One landowner household did not indicate any consideration. None of the households indicate preference for high-density housing. Non-landowner households were asked how much they are willing to pay for a decent house. One household indicated that they are willing to pay an amount below Php1,000 while the other indicated Php1,000.

3.7. Profile of Affected Business

130. Out of the four affected businesses, two were surveyed and interviewed. Of the two affected businesses, both are owned by married males who are already of advanced age. Both businesses are registered under sole proprietorship. Of the two businesses, one is registered with the BIR with corresponding mayor’s permit while the other one is not registered at all. One affected business is an events place which is considered a small business based on capitalization while the other one is a house/room rental which is classified as a micro business. The events place has five employees. The small business did not provide any information regarding the monthly income while the micro-business pegged his monthly income at Php7,000/month.

131. Employee Information. Four of the five employees of the Event’s place are males and only one is female. The house/room rental business does not have any employee. Of the five declared employees, the female employee was under the Management/Executive Level while the four males were considered as support staff. All employees were identified to have construction-related skills.

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132. Livelihood Rehabilitation Preferences of Affected Business. Both businesses prefer assistance in finding replacement land/business structure over skills training and financial assistance. They expect that their preferred livelihood assistance will provide financial security in the long term. Current skill of business owner in Barangay Tañong indicated skills in construction while the business owner in Jesus Dela Peña listed a skill in business/finance. Both business owners do not prefer skills training as a form of livelihood assistance. If ever they need to undergo training, they prefer their current skills to be enhanced.

3.8. Profile of APs Whose Only Impact is on Property

133. Out of 21 APs whose only impact is on their loss of assets (such as land, structures, or business), only three (3) were available for interview. Simply put, these are APs who are not residing in the project area and as such, will not be physically displaced. All three surveyed APs are widows and are already considered as elderly. Two of them are in Barangay Tañong and the other one in Jesus Dela Peña.

134. Two of the APs whose only impact is on their property live outside the project area while the other one lives within the project area. Impact on land of all APs is marginal while impact on structures of two APs is also marginal. The other AP has severely affected main and associated structures. However, since this AP does not currently use the property as residence, they are not included in the displaced households.

135. Of the three APs whose impact is on properties only, one has a co-owner while the other two has full ownership on the affected properties. The affected properties of these APs are neither rented out nor used for any business purposes hence, no additional economic loss is seen to be incurred aside from loss of land and structures.

3.9. Vulnerable Groups

136. Vulnerable persons are those who need support, additional assistance, or protection due to age, disability, or poverty. Households with these types of vulnerability need to be identified to be given the appropriate support in times of relocation.

137. The survey identified nine vulnerable affected persons. Five of these were from households, one from business, and three from affected persons whose impact is on property only. Of these number, there is one household with multiple forms of vulnerability while eight households have only one form of vulnerability.

138. In terms of vulnerability, seven households are headed by the elderly, one household has a member who is a person with disability, two households are below the poverty threshold7, and one household is headed by a solo parent.

3.10. Project Perception and Recommendations

139. All APs including affected households, businesses, and APs whose impact is on property only were asked of their perception and recommendation on the project. Survey result shows that they understand the purpose of the project and the benefits that it will eventually bring to the community and in Metro Manila in general. The perceived project benefits

7 Philippine Statistics Authority. Updated 2018 Full Year Official Poverty Statistics, Reference No.: 2020-094, Release Date 04 June 2020,. Retrieved from: https://psa.gov.ph/poverty-press-releases

27 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

identified by the respondents included improve comfort and convenience to passengers and car owners, reduced traffic jam, improve access to workplace, opportunities for work and business, among others.

140. In terms of issues and concerns, the primary concern among households pertain to relocation and losing their income source. The same can be said for businesses as well as those whose impact is on their property only.

141. To lessen the impact of the perceived issues and concerns, households recommended the compensation for their assets, provision of relocation house/structure, and redesigning the project to avoid being affected. One business owner recommends compensation for their assets while other landowners suggested compensation and redesigning the project.

28 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

142. Information disclosure, consultation with APs, and participation of relevant stakeholders such as the local government allows coordinated project implementation by minimizing possible dispute. It also provides a venue to facilitate discussion in designing resettlement and rehabilitation program at the APs preference attuned to the development goals of the project investment.

143. Adhering to the ADB Safeguards Policy Statement (2009), meaningful consultation is governed by the following guiding principles:

(i) Begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle. (ii) Provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people. (iii) Undertaken in an atmosphere free of intimidation and coercion. (iv) Gender inclusive and responsive, and tailored to the needs of the disadvantaged and vulnerable groups; and (v) Enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, sharing of development benefits and opportunities, and implementation issues.

144. Public information and consultation with APs seek to provide the necessary project disclosure to the stakeholders. In particular, the following process is desired in doing the consultation:

(i) Enable local authorities, including APs and their representative, to participate in the resettlement planning and decision-making process with particular focus on issues that will have a direct effect on them. Continues dialogue by the DPWH with will be maintained with the APs during the RP updating and project implementation. (ii) Present information on the project’s components and operations to the APs to ensure transparency in project design as well as with the decision process. (iii) Gather relevant information such as foreseen issues, needs, and preferences of all APs. (iv) Ensure that all APs are provided with full information on the planning process, survey activities, and decisions that will affect their livelihoods and living standards. (v) Inform APs on the resettlement policies, entitlements, mechanisms to address grievances, consultation and communication arrangements including resettlement plan preparation and implementation arrangements. (vi) Obtain cooperation and participation of all APs and communities for all activities necessary for the development and implementation of RP and (vii) Ensure that transparency in all activities related to land acquisition resettlement, and livelihood restoration.

145. Once the RP has been approved by the Government and concurrence from the ADB has been received, it will be disseminated to affected communities and posted on the ADB

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website. In a similar manner, if there will be any updates or adjustments to the RP, it will be disseminated to affected communities and also posted on the ADB website.

The following information has been provided to the APs through Project Information Brochure (PIBs), videos, presentation, or oral explanation during consultation meetings.

(i) Project Components and Design. Information on the project design which includes the project alignment, affected barangays, and structural components. The rationale as well as considerations for the best options were also presented to the local authorities. (ii) Potential Project Impacts. Impacts to the lives of APs which also includes explanation on the land acquisition process and requirements. (iii) Legal Framework and the Rights of Affected Persons. Overview of ADB Safeguard Policy Statement (2009) and national laws relevant to land acquisition and resettlement. The APs were particularly informed about the advantages of negotiated sale from expropriation proceeding, the principle of replacement cost, and the right to participate and be consulted in the planning and implementation of the resettlement plan. (iv) Resettlement Plan Preparation Process. APs were informed with the process of preparing the RP to ensure transparency. This includes disclosing the methods to assess the impacts, consultation meetings, socio-economic interviews, and inventory of losses. Also provided is the explanation on determination of current market value of land and replacement cost. (v) Cut-Off-Date. APs were informed at the early stage of consultation and prior to any survey that the cut-off-date. For landowners, the cut-off date is set upon the receipt of the Notice of Taking (NoT) as stipulated by the law. (vi) Health and Safety Protocols. Due to COVID19 pandemic, movement and interaction was limited and huge public gathering was prohibited. Considering that the survey and consultation meetings would require interaction with APs in the process, a health and safety protocol for surveys and meetings has been developed, and presented to local authorities, stakeholders, and APs. (vii) Compensation and Entitlement. Entitlements is dependent on the AP’s category. Such includes rehabilitation assistance for vulnerable groups, entitlements due to loss of business, loss of employment and loss of income, compensation for affected assets and the principle of replacement cost were also disclosed. (viii) Mechanisms for Grievance Redress and Procedure. For APs that have complaints about any issues in relation to land acquisition, compensation, resettlements and livelihood restoration process, including the price offer for their assets and compensation for their income losses, they are entitled to present their grievance to RIC and/or proper courts. Also, affected persons were given explanations of how to access the grievance redress procedures under the mechanism of the project. (ix) Implementation Schedule. Target schedule for land acquisition and start of civil works was presented to the APs so they can prepare as early as possible. APs were informed that the construction can only start after the resettlement activities and site clearance of the project are completed. Affected persons will be displaced only upon receipt of full compensation for their affected assets.

4.1. Overview of Consultations that have been Conducted

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146. There was a series of consultation meetings conducted with the APs, stakeholders, as well as the local authorities. The consultation meetings conducted were information education and communication (IEC) meetings for the local government units, stakeholder consultation meetings (SCM), and focus group discussion (FGD) for special target groups.

147. Responding to the limitations brought by the pandemic, online platform was utilized. Field invitation with instruction on how to participate in the meeting was carefully developed using local language. Before the start of the meeting, a tutorial was also presented explaining the application buttons such as the microphone, video, and raise hand. This aims to allow full participation and other stakeholders during the online meeting.

148. In consideration for APs with limited access to internet as well as the technology to participate with online meeting, onsite consultation was also conducted following the strict health and safety protocol. Free face masks and face shields were provided to each onsite participant while also maintaining physical distance throughout the activity. There were also health checks and contact tracing form filled during the registration. To maintain the maximum number of allowed participants, APs were contacted individually to gather their confirmation as well as the time they will be arriving at the venue. Throughout the activity, drinking and eating was prohibited to ensure face masks and face shields are always worn inside the venue. However, in the event that the APs need to step outside the venue to drink, eat or take a restroom break, they were ushered by Participant Support Staff (PSS) wearing full Personal Protective Equipment (PPE).

149. Summary of APs that were invited to attend the SCM in comparison to actual attendees are summarized in Table 13. During the 2nd SCM, the APs were the ones who opted to use the online platform instead of physically attending an onsite meeting. Some of the reasons cited (both over the phone invites and during the actual meeting) include: (i) they can continue their household chores while attending the meeting; (ii) they don’t have to be absent from their work just to be able to attend the meeting; and (iii) they feel safer staying home and participating in the online meeting instead of the face-to-face onsite meeting. This is understandable and can be expected particularly in urban areas considering that the Philippines is known to be the top user of smart phones in the entire Southeast Asia. Data plans are very affordable with an “unlimited” feature, to the point that low income to poor families prefer to subscribe to it over the regular “call and text” plans because it is a cheaper form of entertainment especially during lockdown periods. Using the unlimited feature they can watch television shows, access popular social media platforms, and of course, attend online meetings.

Table 13: Summary of Participating APs Date SCM Invited Actual Attendees Percentage (%) 28 January 2021 1st 23 39 170.00 16 February 2021 1st 13 7 54.00 8 March 2021 2nd 11 11 100.00

4.2. Information, Education and Communication (IEC) Meetings with Local Government Units (LGUs)

150. The IEC intends to provide the local authorities with information about the project. At the same time, it also aims to seek support and participation in the planning process. Information provided by the local authorities also aids in identifying the potential impacts of the project. Participation of local authorities in planning stage minimizes delay during

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the implementation. The IEC presented the alignment for all the bridges concerned. IEC for Quezon City was conducted on 11 January 2021 while the IEC on Marikina City was conducted on 14 January 2021. Topics discussed during the meeting were:

(i) Project Description. (ii) Detailed Design Resettlement Plan Activities. (iii) Environmental Study Activities; and (iv) Gender and Development (GAD) Study Activities

151. The summary below tabulates the meeting conducted with the Marikina City and Quezon City LGU which presents the issues and concerns and the responses raised during the meeting. During the initial RP preparation, it was deemed that portions of Quezon City in the Katipunan Extension area will be affected. However, as validated by the Parcellary Research, it was revealed that such area still belongs to the jurisdiction of Marikina City.

Table 14: Highlights of Issues and Concerns Raised During IEC Meeting in Quezon City Issues and Concerns Responses/Actions Taken Construction Concerns It was asked if there is already a structural These details are not yet available however, it will be layout and footing of the bridge. included in the project’s scope. Technical Description and Design It was suggested to change the alignment It was clarified that the there has been a change in the of the project. The affected road has a alignment. It was also clarified that the alignment being limited space at only 20m. In addition, it is discussed during the Feasibility Study (FS) will not be in an intersection and it will cross an open used since the Detailed Design (DD) was realigned to space. In addition, there were objections Kabayani St. – Katipunan Ave. Ext. and resistance from Homeowners Association (HOA). It was further raised to revise the alignment on the grounds of HOA resistance.

Table 15: Highlights of Issues and Concerns Raised During IEC Meetings in Marikina City Issues and Concerns Responses/Actions Taken Construction Concerns A proposed river dike project beneath The bridge has enough elevation to allow private vehicle Bridge 3 – Marikina (Kabayani St.) - Vista to pass through beneath the structure. The maximum Real (Katipunan Ave) such that the height is 3m to allow private vehicle to pass through. In elevation of the bridge must be ensured addition, the design elevation basis used for Bridge 3 is so that vehicles can still pass through the the elevation of the existing flood control structure. river dike project in case it pushes through. Technical Description and Design Existing structures must be avoided. Some structures might inevitably be affected by the project. The elevation will be maintained to ensure there would not be an abrupt decline. Such design must be maintained in conformance to safety standards Asked for the schedule of survey Initial survey has been done to identify the center line, activities. alignment, and elevation. Moreover, affected structures will be identified once the survey activities are completed.

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Issues and Concerns Responses/Actions Taken A clarification was made for the Bridge 2 There has been a realignment for bridge 2 to reduce – Homeowner's Drive - A.Bonifacio Ave. affected structures. Bridge alignment. A concern was raised if alignment is A clarification was made that the alignment being asked possible due to the narrow roads fronting was already changed to ensure there will be less APs. the approach. The latest alignment will have a longer design, but it will not affect any subdivision in Quezon City anymore. Asked if structural layout for the bridge is The structural layout will be part of the Detailed Design already available. study that will be undertaken.

4.3. Stakeholder Consultation Meeting (SCM)

152. The stakeholder consultation meeting seeks to obtain permission from the APs in conducting the ground survey activities for the project.. The table below presents the summary of queries as well as the responses provided to the APs. Topics covered in the First SCM were the following:

(i) Project Overview of Metro Manila Three Priority Bridges. (ii) Explanation RP Activities. (iii) Explanation of the Health and Safety Protocols under COVID-19. (iv) Legal Framework; and (v) Open Forum to Obtain stakeholders’ comments and suggestions

On the other hand, the topics covered in the Second SCM were the following:

(i) Presentation of the Entitlement Matirix (ii) Right-of-Way Acquisition Process.

153. The policy and rationale for setting a cut-off-date was also explained during the 1st SCM. APs were informed that the cut-off-date for informal settler families is upon the start of census and tagging in their area, while cut-off-date for legal landowners is upon issuance of the Notice of Taking (NOT). On the other hand, the 2nd SCM tackled the compensation according to APs category based on the Entitlement Matrix. The necessary documents as well as the land acquisition process was also presented.

154. There were 36 APs that attended the meeting comprised of 24 Females and 12 Males. Table 14 presents the summary of queries as well as the responses provided to the APs.

155. During the first SCM, the Project Information brochure (PIB) was distributed via Zoom Application. After the SCM, the PIB was also sent though the AP’s emails.

Table 16: Summary of 1st Stakeholder Consultation Meetings Number of Participants Date LGU Venue Male Female Total Brgy. Tañong and Brgy. 28 January Online Zoom Jesus dela Peña, and 12 24 36 2021 Meeting Brgy. Calumpang

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Brgy. Tañong, Brgy. Jesus 16 February Online Zoom dela Peña, and Brgy. 3 3 6 2021 Meeting Calumpang Total 15 27 42

Table 17: Summary of 2nd Stakeholder Consultation Meetings Number of Participants Date LGU Venue Male Female Total Brgy. Tañong and Brgy. Online Zoom 8 March 2021 Jesus dela Peña, and 2 8 10 Meeting Brgy. Calumpang Total 2 8 10

Table 18: Highlights of Issues and Concerns Raised During the 1st Stakeholder Consultation Meetings Issues and Concerns Response/Actions Taken Technical Description and Design It was asked if there will be There will be a separate entitlement for renters which will be assistance provided for presented on the 2nd SCM. Proper compensation will be provided renters. based on the Philippine policies and ADB social safeguards. (DPWH Consultant) It was asked if renters will be Entitlements will only be determined after the survey activities. provided with relocation. (DPWH Consultant) It was asked if land titles with Entitlements for such case will be presented after the survey multiple households will be all activities. If the household is within the PROW, proper compensation compensated. will be provided. In the event that one of names indicated in the land title is deceased, the designated heir will receive the compensation as per the existing process. (DPWH) Alignment Concerns It was asked if the affected The final number of affected structures will only be identified after structures are already the survey. The affected structures will be delineated through ground finalized. markings by the Parcellary team. (DPWH and DPWH Consultant) It was asked why St. Mary The area was chosen as part of the project alignment as it will Ave. was chosen as part of contribute to the improvement of the traffic flow in the locality. In the project alignment. addition, based on the feasibility study, it is the best location for the bridge. (DPWH) It was asked if there are any One of the intrinsic benefits of any government infrastructure benefits to the project projects is the increase of land value in nearby land areas. The bridge will also make the commercial areas more accessible for the residents. (DPWH) It was asked if realigning the The current alignment is based on the most appropriate location of project is still possible. the bridge based on the study with the least number of APs and that realigning might not be possible anymore. (DPWH) It was asked if the alignment The alignment has been studied thoroughly and changes in the is final. alignment might not be possible anymore. (DPWH) Design and Construction Concerns It was asked if the Hydrologists have studied the possible impact during the construction of the Bridge will construction so that it will not cause any flooding to areas. have an impact to the (DPWH) structures below it and if it will affect the river flow.

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Issues and Concerns Response/Actions Taken It was asked if the project will The project has no direct impact in reducing the flood. However, it address flooding issues as was disclosed that there are other projects by the DPWH to address Provident Village the flooding problem Marikina River. (DPWH) It was asked if the bridge may Such extension was made to increase the height of the bridge as a be reduced to the riverbank to mitigation measure against flood. The project is also designed with reduce the length. adaptive specification to climate change. (DPWH) Timeline of the Project An inquiry was made for the Assuming there would be no more delays, it is estimated that the project timeline. construction will begin on the middle of the next year and is estimated to continue for thirty (30) months. (DPWH) Resettlement Issues and Concerns It was asked if there is a The resettlement schedule and site will be identified after the survey relocation plan, schedule, since there is no data yet. The number of people that are qualified to and site. avail the relocation benefits will also be identified after the said survey. (DPWH Consultant) It was asked if the tagged The tagging of structure means that as per the PROW, the structure structure means that they will be affected. It is suggested for the APs to plan ahead so that they must vacate their area can identify possible areas to relocate. However, there are still immediately. further process for this, and the tagging does not mean they must leave immediately. (DPWH Consultant) It was asked if the structure Affected structures will be verified after the survey. Once the data tag also signify the severity of are consolidated, the final affected structures and stakeholders will impacts to their properties. be determined. (DPWH Consultant) It was asked if there will be There will be entitlements for all stakeholders regardless of status. relocation for both the Such will be revealed once the surveys are consolidated and this will landowners and renters. be presented in the 2nd SCM. (DPWH Consultant) It was asked if there will be There will be a separate entitlement for renters which will be assistance provided for presented on the 2nd SCM. Proper compensation will be provided renters. based on the Philippine policies and ADB social safeguards. (DPWH Consultant) It was asked if renters will be Entitlements will only be determined after the survey activities. provided with relocation. (DPWH Consultant) It was asked if renters must All the APs, including renters, must be consulted with the project. also attend the SCM. (DPWH Consultant) It was asked if the whole lot The project extent will only be determined after the ground survey will be acquired if majority of it activities. There are guidelines for the severity of impacts and this is traversed by the PROW. will be matched with the proper entitlements. (DPWH Consultant) It was asked if there is a The resettlement schedule and site will be identified after the survey relocation plan, schedule, since there is no data yet. The number of people that are qualified to and site. avail the relocation benefits will also be identified after the said survey. (DPWH Consultant)

Table 19: Highlights of Issues and Concerns Raised During the 2nd Stakeholder Consultation Meetings Issues and Concerns Response/Actions Taken Technical Description and Design It was requested if the The necessary documents, including the presentation will be Bridge’s plan and the Minutes provided to the APs. These will be sent through email. of the Meeting for the first (DPWH)

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Issues and Concerns Response/Actions Taken SCM may be provided to them. It was asked if the bridge will The traffic flow will be coordinated with the local government of affect the local traffic situation Marikina City once the project is completed. Also pointed that there in Provident Village. might be local ordinances that prohibit certain types of vehicle that may use the bridge since the project is within the vicinity of a residential area. (DPWH) Alignment Concerns It was asked if the bridge will The alignment along St. Mary Avenue will be provided as well as the also cover the church in the other requested necessary documents. Provident Village and if it will (DPWH) be possible to request a copy of the alignment. Timeline of the Project It was asked if there will be The second Stakeholder Consultation Meeting is the final activity of next RP activities for their Ecosyscorp. The next interface will be initiated by the DPWH in property and household. which the department will send the Notice of Taking (NoT). (DPWH Consultant) It was asked if the demolition The estimated timeframe for the construction is by the second will start by next year and for quarter of the following year around June or July. In addition, the AP the timeframe of the project. must vacate the property before July. The RP is expected to be finalized by April or May of this year. This will be followed with the distribution of NoT. (DPWH) Resettlement Issues and Concerns It was disclosed that they The topics presented for first SCM were the project overview and were not able to attend the Resettlement Action Plan Activities which covers the Parcellary first SCM and an inquiry was Survey, Census and Tagging of Structures, and Detalied made on the topics discussed Measurement Survey. Moreover, the first SCM intends to inform the during the first SCM. APs on the tasks that will be undertaken in the aforementioned activities. (DPWH Consultant) Land Acquisition Concerns It was asked if easement The Department of Public Works and Highways (DPWH) may offer agreement will be the method easement agreement if only a minimal portion of their property will of acquiring their property be affected. since the demarcation line will (DPWH Consultant) only affect a portion of their property and not the structure. It was mentioned that the The structure will not be affected if the demarcation line only covers demarcation line will only their fence. DPWH may offer easement agreement if only a minimal affect a portion of their portion of their property will be affected. property and will not affect (DPWH Consultant) their structure. It was then asked if there is an implication with regards to the severity of impact. It was mentioned that as per If the assessment shows that their structure is severely affected, the demarcation lines, half of there will be full compensation for the whole structure. their structure will be affected. (DPWH Consultant) It was asked if the whole structure and lot will be paid given the context.

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4.4. Focus Group Discussion

156. The Focus group discussion (FGD) was conducted to substantiate the data gathered from the Socio-Economic Survey (SES) where the discussions were analyzed as inputs in the preparation of the Livelihood Restoration and Improvement Program. The discussion covered the following topics:

(i) Identification of APs concerns on the project. (ii) Understand their hopes on employment and livelihood upon relocation. (iii) Determine their expectations on the role of the government during the preparation and implementation of employment and livelihood support. (iv) Gather the APs opinions on the roles of private establishments during the preparation and implementation of the employment and livelihood support. (v) Obtain their ideas on their understanding on cooperatives.

157. FGD is intended for vulnerable groups and business groups. Only one (1) male AP from the vulnerable group attended. The vulnerable AP belongs to a household that is below poverty threshold. Three households were represented (2 males and 1 female) via online Zoom meeting, coming from Brgy. Tanong and Brgy. Jesus Dela Pena. Table 17 below presents the summary of concerns raised during the discussion.

Table 20: Summary of the Focus Group Discussion Number of Participants Date LGU Venue Male Female Total Brgy. Tañong and Brgy. 16 February Online Zoom Jesus dela Peña, and 2 1 3 2021 Meeting Brgy. Calumpang

Table 21: FGD Result Resettlement Concerns Inputs from the FGD Participants Vulnerable Sector • The project will traverse the property where they are currently staying and the space where they park their vehicles will be taken from them. • The equipment that will be used in the project might block their Perceived project impact access to their property. on vulnerable sector • The project might cause a lot of noise pollution to the community. • It will be difficult to seek another area to rent given the pandemic. • The relocation must have a garage space to put their Proposed Mitigation jeepneys. Measures • Provision of assistance in putting up a garage space for their vehicles. • Provide financial assistance to spouse to put up an alternative Alternative livelihood if livelihood such as a sari-sari store. restoration is not possible • Financial assistance for them to locate a new area to rent. Business Sector Perceived project impact • Not much effect on livelihood since the spouse is working on on Business another city. • The project will improve the transportation in their area and Pasig City will be more accessible.

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Resettlement Concerns Inputs from the FGD Participants • Businesses such as leasing space and sari-sari stores will be displaced during the construction of the project. Proposed Mitigation • There must be livelihood programs provided for affected Measures businesses • A similar livelihood may be provided for affected businesses such as assistance in putting up a sari-sari store. • Financial assistance to affected businesses must be provided as a start-up money to rebuild the businesses.

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V. GRIEVANCE REDRESS MECHANISM

158. To facilitate resolution-building from AP’s concerns, complaints or general grievance related to the project, a Grievance and Redress Mechanism (GRM) will be established prior to Loan effectiveness. This will allow meaningful discussion among the stakeholders and project proponent. Within the context of RP, such a grievance may be related to issues pertaining to involuntary resettlement, compensation, eligibility criteria, and income-related losses. In addition, the ADB Safeguard Policy Statement 2009 highlights that the GRM must be structured in a process that is easily understood and transparent. It must also be gender responsive and if applicable, culturally appropriate to all segments of all APs at no cost to them. Process of the GRM must be presented properly to the APs. The following section details out the process undertaken in processing a grievance.

5.1. Objectives of the GRM

(i) To receive and facilitate the resolution of APs’ concerns and grievances about physical and economic displacement and other project impacts with particular attention to impacts on vulnerable groups; (ii) To resolve concerns and grievances of APs which cannot be settled through collective platforms such as stakeholder consultations due to the complexity of the concerns or grievances and/or the absence of such platform at the time that the cause for grievances came about; and (iii) To address APs’ concerns and complaints promptly, using an understandable and transparent process that is gender-responsive, culturally appropriate, and readily accessible to the country’s judicial or administrative remedies commensurate to the risks and adverse impacts of the project.

5.2. Composition and Structure

159. UPMO-BMC has assigned dedicated GRM officers for the project. These GRM officers will be responsible in ensuring that all grievances have been attended to and corresponding resolutions have been provided. GRM officers will be supported by the Resettlement Implementation Committee (RIC), DPWH Environment and Social Safeguards Division (ESSD), and UPMO ROW Task Force (URTF) in addressing APs concerns. The roles of each unit are described below.

160. The GRM Officers will serve as the repository of complaints. They will maintain a GRM database wherein grievances received from all channels i.e., email, text, phone call, help desk will be recorded. The GRM officers must take proper action or provide response within 15 days after the complaints have been received.

161. If within 15 days no solution has been reached or if the GRM Officer upon consultation with the UPMO-BMC failed to provide feedback to the AP’s concern, the complaint will be forwarded to the RIC. The GRM officer will then inform the complaining AP that his/concern has been escalated to RIC. Upon filing, the RIC has 15 days to act upon the complaint.

162. The RIC will be formed prior to RP implementation and will serve as the 2nd level of GRM. The Committee will formulate appropriate solution/response within 15 days after the

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complaints have been received. They may seek technical and/or legal advice from ESSD and/or DPWH Legal Division to address these concerns. However, if the nature of complaints or concerns is related to asset valuation, the appropriate court will have jurisdiction over the decision.

163. If the grievance pertains to compensation, assistance, relocation and resettlement of non- landowners, APs will be referred to the Local Inter-Agency Committee (LIAC) to be convened during RP implementation.

164. If within 15 days no solution was presented or if the RIC/LIAC failed to provide feedback to the AP’s concern, an appeal can be made to the URTF. Upon filing, the Task Force has 15 days to act upon the appeal.

165. APs may seek redress through the court system at any stage of the project-level grievance redress process. No charge shall be made to the APs for all the administrative and legal fees incurred during the grievance redress process.

5.3. GRM Channels

166. Grievances can be filed in various formats and channels including physical help desk, email, text message, phone call or post mail.

167. Physical Help Desk. UPMO-BMC will establish a physical Help Desk in the City of Marikina which will be attended by GRM officers once a week. APs can come to the physical help desk to personally talk with a DPWH representative. Questions related to project design, alignment, process of ROW acquisition, extra judicial settlement of estate (EJSE), requirements for compensation, resettlement and relocation must be addressed immediately. Hence, GRM officers must be trained properly.

168. Complaints, suggestions and recommendations regarding project design, census claims, validation, required documents, relocation and resettlement, expropriation, compensation, real property tax, business permit and licenses, income loss, appraisal, or asset valuation will be recorded and forwarded to concerned offices for appropriate action or assistance. Otherwise, the concern will be escalated to RIC or LIAC for resolution of said complaint.

169. Email, Text, Phone Call, Post Mail. Due to the pandemic, frequent physical interaction will not be encouraged. As an alternative, UPMO-BMC will assign a dedicated email address, mobile phone number, and office address where the APs may send their grievances or talk to the GRM officers. This is particularly helpful to APs during the days when the physical help desk is not operating.

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170. All complaints received through either writing or verbally from the APs will be documented and monitored. Appropriate action shall be taken immediately as presented in the procedures.

Table 22: Summary of Grievance Redress Mechanism Level Responsible Supporting Channel Types of RP Related Grievances to be Person/Unit Unit Addressed Per Level 1 GRM UPMO-BMC Physical Help Questions related to project design, Officer LGU Offices Desk, Text, alignment, process of ROW acquisition, Other NGAs Email, Phone extra judicial settlement of estate i.e., BIR, Call, Post Mail (EJSE), requirements for compensation, DENR resettlement, and relocation 2 RIC/LIAC ESSD/DPWH Email or Letter Complaints, suggestions and Legal recommendations regarding project design, census claims, validation, required documents, relocation and resettlement, expropriation, compensation, real property tax, business permit and licenses, and income loss, demolition, among others. 3 URTF ESSD/DPWH Email or Letter Complaints, suggestions and Legal recommendations regarding project design, census claims, validation, required documents, relocation and resettlement, expropriation, compensation, real property tax, business permit and licenses and income loss, demolition, among others. 4 Proper N/A Court Filing Any administrative or civil case related Courts to right-of-way acquisition and resettlement including property appraisal or asset valuation.

171. ADB Accountability Mechanism. APs may also opt to submit their complaints through ADB’s Accountability Mechanism where AP may seek resolution and report alleged violations of ADB policies. This will be processed on an independent forum. There are two phases for the Accountability Mechanisms:

(i) Consultation Phase – A special project facilitator will assist the APs in seeking solution for their problems. The special project facilitator reports directly to the ADB President (ii) Compliance Review Phase – A Compliance Review Panel will investigate the alleged violations of ADB’s operational policies, safeguard policies, and procedures. The panel will be composed of three-members that reports directly to the Board of Directors.

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VI. LEGAL FRAMEWORK

6.1. Policies and Guidelines Applied to the Project

172. In formulating the legal framework, pertinent articles from the Philippine Constitution as well as laws, executive orders, circulars and to some extent, manuals that are significant to resettlement issues are reviewed and presented in this section. The table below presents the summary of laws and polices used for the legal framework. These were then compared with ADB Safeguard Policy Statement 2009 to identify the gaps and gap-filling measures.

6.2. Philippine Legal Framework

Table 23: List of Applicable Legal Framework No. Constitution and Pertinent Laws 1. Philippine Constitution 1987 2. Republic Act No. 10752 3. Republic Act 7279 4. Republic Act No. 11201 5. Republic Act No. 7160 6. Commonwealth Act No. 141 7. Republic Act No. 9679 8. Republic Act No. 6685 9. Republic Act No.8972 10. Republic Act 7432 as Amended by R.A. 9994 11. Republic Act 7277 as Amended by R.A. 9442 and R.A. 10754 12. Republic Act 9170 Executive, Administrative and Department Orders 1. Executive Order No. 272 Series of 2004 2. DPWH Department Order No. 05, Series of 2003 3. DPWH Department Order No. 327, Series of 2003 4. DPWH ROW Acquisition Manual (DRAM) 5. DILG Memorandum Circular No. 159, Series of 2020 6. Joint Circular of DOE and DPWH No. 1, Series of 2017

(i) Philippine Constitution 1987

173. This document is anchored on the following pertinent sections of the constitution:

• Article III, Bill of Rights, Section 1: “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” • Article III, Bill of Rights Section 9: “Private property shall not be taken for public use without just compensation”. • Article XIII, Urban Land Reform and Housing, Section 10: “Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.”

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(ii) Republic Act No. 10752 (Right-of-Way Act) and Its Implementing Rules and Regulations

174. This act is anchored on Article III Section 9 of the constitution which defines the rights of property owners for just compensation in the event that their property must be used for public good. This act covers national government infrastructure projects, public service facilities, and engineering works and service contracts as defined by the Republic Act No. 6957 which has been amended by Republic Act No. 7718, (Build-Operate-and-Transfer Law). Local government units (LGUs) may also adopt the provisions stipulated in this act provided that the provisions of Republic Act 7160 (Local Government Code of 1991) is observed.

175. Modes of land acquisition. Under Section 4, acquiring real property may be facilitated through regular modes (donation, negotiated sale, expropriation) or other methods (acquisition through CA 141, exchange or barter, Easement of Right-of-Way, Acquisition of Subsurface Right-of-Way, and other modes in accordance to existing laws). Discussed below are the modes of land acquisition as presented in the Act and its IRR.

176. Under section 6.6 of the IRR, the replacement cost is detailed out as the current market price of materials, equipment, labor, contractor profit, overhead, as well as all the other attendant cost in acquiring and on putting up the same asset affected by the project. Damaged structure will be accounted on its pre-damaged condition. There may also be variability due to the differences in market value, but the underlying idea is that the replacement structure must operate on the same manner, and meet the performance specification, as the original structure. Once the IA have released the written offer, the property owner has thirty (30) days to either accept or reject the offer. In the event that the owner rejected or failed to submit the documents to facilitate payment, IA must immediately proceed to expropriation.

177. Deed of Absolute Sale must be executed once all the pertinent documents authorizing the transfer of title to the Republic of the Philippines have been submitted to the IA. Upon execution, the owner must be paid with:

(i) Fifty percent (50%) of the negotiated price of the affected land exclusive of the payment of unpaid taxes (ii) Seventy percent (70%) of the negotiated price of the affected structures, improvements, crops, and trees exclusive of unpaid taxes

178. For owners of both land and structures, the remaining compensation will be paid once structures, improvements, crops, and trees are all removed from the land. If only the land is owned by the property owner, the rest will be paid either during the transfer of title in the name of Republic for wholly affected or during the annotation of a deed of sale on the title for partially affected lands. If the property owner only owns the structure, the rest of the payment is delivered once all the structures, improvements, crops, and trees.

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179. Lands without title may still be compensated in special cases as long as the following proofs are presented:

(i) Tax Declaration showing open and continuous possession of the property for at least thirty (30) years (ii) Certification from the Department of Environment and Natural Resources showing that the land is alienable and disposable (iii) Other documents to support proof of ownership

180. Expropriation. Another method of land acquisition is expropriation which occurs when the property owner rejects the negotiated sale or when documents necessary for payment are not submitted within thirty (30) days. This also applies when negotiated sale is not applicable on a given context. Expropriation is initiated by the Office of the Solicitor General for national agencies or by Office of the Government Corporate Counsel for government-owned and controlled corporations. This may also be designated to a deputized government or private legal counsel. Once the complaint has been filed following the due notice to the defendant, the IA has to deposit to the court the following amount:

(i) One Hundred percent (100%) of the BIR zonal value within three (3) years prior to the filling of expropriation (ii) Replacement cost within the current market value of the improvements, structures, which has been determined by the IA, GFI, and IPA accredited by the BSP (iii) Current market value of crops and trees within the property which will be determined by a government financial institution or an independent property appraiser

181. Once the determined amount has been deposited, an order to take possession must be issued immediately. If seven (7) working days have lapsed after depositing the amount to the court and a writ of possession has not been issued, the IA may must immediately seek from the court the issuance the writ of possession ex parte without the need for a hearing. Said amount may only be released once sufficient documents are presented by the property owners. Once the IA has received the writ of possession, the IA may proceed with the project implementation.

182. If the property owner rejects the IA’s offered price, the court then determines the appropriate compensation which must be paid to the owners within sixty (60) days from the time the expropriation case was filed. Once the decision becomes final and executory, the IA must pay the difference between the amount already paid and the amount identified by the court.

183. Easement of Right of Way. In case the lot needed for ROW is minimal and that the cost of surveying and segregating the portion will cost higher than the value of the lot needed, IA may utilize the land through Easement of ROW as defined under the Civil Code provided that landowner agrees. In this mode, the property owner allows the IA the right to use the affected lot as ROW such that the owner retains the ownership. For its part, the IA will

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compensate the owner on any improvements and structures in the lot while the land value of the lot will be based on the BIR zoning valuation. Same mode is applicable for government agency properties, including government-owned and controlled corporations.

184. Compensation for Non-Landowners. Structure owners without legal proof of rights for the land are nonetheless entitled with the same compensation as detailed out on section 6.6 of the IRR. However, the following criteria must be met:

(i) Must be a Filipino Citizen (ii) Must not own any real property or housing facility in urban or rural area (iii) Must not be a professional squatter or a member of a squatting syndicate8, as defined in R.A. No. 7279 (iv) Must not occupy an existing government ROW

185. Provided further that the structure owners are not “professional squatters” and are not members of “squatting syndicate” as defined under R.A. No. 7279. However, the owner and occupant of the structures must provide a proof of ownership from the Barangay concerned.

186. Tax and Fees. Under Section 5(c), taxes and fees of properties acquired through negotiated sale will be shouldered by the IA. Such taxes include the capital gains tax, documentary stamp tax, transfer tax, and registration fees. However, any unpaid real property tax will be paid by the owner.

187. If requested by the owner, the IA may deduct from the negotiated price the unpaid real property tax and remit it to the concerned LGU. However, the unpaid real property tax must not exceed the negotiated price.

(iii) Republic Act 7279 (Urban Development and Housing Act of 1992) and Its Implementing Rules and Regulations

188. The act emphasizes the role of the State, in cooperation with the private sector, to pursue a comprehensive and continuing Urban Development and Housing Program. The act sees to it that decent housing at affordable cost is available for the underprivileged and homeless citizens residing in urban areas and in resettlement areas. The act is also extended to provide basic services and employment opportunities to the identified disadvantaged groups.

189. Section 8. Identification of Sites for Socialized Housing. Local government units are mandated to conduct a land inventory in coordination with the Housing and Land Use Regulatory Board (HLURB) which shall be the basis for areas that may be used for

8 "Squatting syndicates" refers to groups of persons engaged in the business of squatter housings for profits or gains.

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socialized housing. Proceeding the land inventory, local government units must now coordinate with the National Housing Authority (NHA), Housing and Land Use Regulatory Board (HLURB), National Mapping Resource Information Authority (NAMRIA), and the Land Management Bureau (LMB) are to use the results to locate where to put up the socialized housing and resettlement areas for the current and future housing needs.

190. Section 15. Policy. – Socialized housing is deemed the primary strategy in providing shelter for the underprivileged and the homeless. This program is also extended as a tenurial arrangement but only as a temporary shelter whereas the benefactors are encouraged acquire their own house within a specified timeframe depending on what has been put by the implementing agencies.

191. Section 16 Eligibility. – Certain qualifications must be met to access the socialized housing program. First, the affected person or household must have an income or combined income below poverty threshold as defined by NEDA. The person or family must not have any housing facilities in possession. The person or family must not have any real property and are not part of a squatting syndicate.

192. Section 22 Livelihood Component. – Socialized housing must be built on areas where residents may easily access employment opportunities. To provide better opportunities, government agencies in-charge of livelihood programs must prioritize the beneficiaries of the socialized housing.

193. Section 27 Action Against Professional Squatters and Squatting Syndicates. – There will be measures in place to prevent the proliferation of professional squatters and squatting syndicates. If identified a person or a group is confirmed professional squatter or a member of a squatting syndicate, they will have to be evicted, structures demolished, and are disqualified to avail housing programs. Public officials that tolerate such acts will be dealt accordingly as per the extent of existing laws.

194. Section 28. Eviction and Demolition. Under specific circumstance eviction and demolition be permitted.

(i) If a dwelling is situated in danger zones such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, public places such as sidewalks, roads, parks, and playgrounds; (ii) If a dwelling is situated in an area where a government infrastructure is about to commence provided that funding is available; and (iii) If a court order for eviction and demolition has already been released

195. Special considerations are extended for disadvantaged groups such as homeless citizens:

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(i) A headway through a notice must be presented at least thirty (30) days before the scheduled eviction or demolition (ii) There must be consultations to the affected families with regards to resettlement. In the same manner, communities which will host the relocates must also be consulted (iii) During eviction or demolition, local government officials or their designated representatives must be present (iv) Demolition or eviction may only take place on regular office hours between Monday to Fridays and in favorable weather conditions. Only consent from the affected families may override this consideration (v) Heavy equipment may only be used on permanent and concrete materials (vi) Uniformed personnel from the Philippine National Police must observe proper disturbance control procedures (vii) The local government unit concerned together with the National Housing Authority and other government agencies deemed important must execute relocation within forty-five (45) days upon the release of notice by the court. If relocation is not undertaken within the prescribed days, financial assistance equal to the prevailing minimum daily wage multiplied by sixty (60) days must be compensated to the affected families.

196. Section 29. Resettlement. Relocation and resettlement, including the provision of resettlement site, basic services, and employment and livelihood opportunities, must be implemented by the local government units in coordination with the National Housing Authority. These are intended for persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks, roads, parks, and playgrounds. Under the IRR for Section 18, Voluntary Relocation and Resettlement will be encouraged by offering resettlement lots, transportation and workforce assistance, and other services deemed important for relocation and resettlement.

197. The act also pushes for community ownership through the Community Mortgage Program (CMP) under the National Home Mortgage Finance Corporation (NHMFC). The program intends to assist legally organized association of underprivileged and homeless citizens so they will be able to purchase and develop a property. This is targeted for residents in blighted or depressed areas for them to have the capacity to own the lots occupied or to wherever they choose to relocate.

(iv) Republic Act No. 11201 (Department of Human Settlements and Urban Development Act) and its Implementing Rules and Regulations

198. Article XIII Section 9 of the constitution mandates the state to put up a program of urban land reform and housing which make decent housing affordable for the underprivileged and homeless citizens in urban and in resettlement areas. Such undertaking is envisioned with the cooperation of the private sector. This act also sees that small property owners are given equal respect. In addition, the act repeals both the Executive Order No. 90, s. 1986 and Executive Order No. 648, s. 1981.

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199. Section 2. Declaration of Policy – The policy mandates the state to ensure that there is an affordable supply of housing facilities. Most especially, this must be accessible to underprivileged and homeless citizens. The department must also ensure employment opportunities is available and that equal respect to the rights of small property owners are recognized. Such is extended to poor urban and rural dwellers where eviction and demolishing of their infrastructures may only be executed in accordance with the law.

200. Section 4. Creation and Mandates of the Department. The act consolidates the functions Housing and Urban Development Coordinating Council (HUDCC) and HLURB to DHSUD. In addition, there will be a reconstitution of Human Settlements Adjudication Commission (HSAC) from HLURB. Such that, the functions of DHSUD are:

(i) The national government in charge of managing the housing, human settlements, and urban development; (ii) Monitoring of local land use plans as well as the regulation of subdivisions, condominiums, and other similar real estate development. The department shall also supervise the registration and regulation of HOAs (iii) The department is also tasked to develop and adopt a national strategy which will address the need for affordable housing for all Filipinos.

201. Section 23. Housing One-Stop Processing Centers (HOPCs). The act stipulates the department to put up a HPOCs on regions. HPOCs are meant to expedite the process by centralizing all the issuance of documents such as permits, clearances, and licenses related to housing in accordance to Executive Order No. 45 series of 2001. This section also stipulates that ceilings for socialized, low cost/economic, and middle-income housing will be determined jointly by NEDA and the department and will be reviewed every two (2) years.

(v) Republic Act No. 7160 (Local Government Code of 1991)

202. The Local Government Code details the powers devolved to LGUs. As presented in Section 15, the jurisdiction of LGUs are derivatives of the political power or the LGU as representative of the national government and corporate power or the LGUs function to represent the residents in its territory.

203. Section 2 (c). Declaration of Policy. This section presents that the government must conduct consultations prior to project or program implementation. The consultation must be conducted for the appropriate sectors within the project or program scope.

204. Section 17 (b)(3)(vii). Basic Services and Facilities. Part of the basic function of LGUs, at the provincial level, is to produce programs and projects for low-cost housing and other mass dwellings except those funded by the Social Security System (SSS), Government Service Insurance System (GSIS), and the Home Development Mutual Fund (HDMF). The national funds allocated for the housing programs and projects shall be equally allocated among the regions that is in proportion with the homeless populations in the region.

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205. Section 19. Eminent Domain. An LGU may exercise power of eminent domain provided that it will be used for public purpose, for the benefit of the poor, or for the landless. Consistent with the Constitution, just compensation must be given to private owners. The act also states that the LGU may take possession of the property once fifteen percent (15%) of the market value based on the property’s current tax declaration has been deposited to the appropriate court. However, the proper court has the authority to determine the amount to be paid based on fair market value during the time of taking the property

206. Section 27. Prior Consultations Required. The act stipulates that government projects and programs must first undergo consultation with LGUs, non-government and people’s organization as well as other concerned sector before the implementation commences. It also provides protection to affected persons where the act states that eviction shall not take place unless the relocation site has been provided.

207. Section 524 (b). Inventory of Infrastructure and Other Community Facilities. In relation to Section 27, this Section states that before any infrastructure or community projects may proceed within the LGU’s territory, the local chief executive and the Sanggunian must first be informed.

(vi) Commonwealth Act No. 141 (The Public Land Act of 1936) as amended by P.D. 1361

208. This act covers the classification and disposition of public lands. Nothing, that the classification of lands are identified as alienable or disposable, timber, and, mineral lands. Such classification may change depending on the administration and disposition.

209. Section 111. This section states that all lands distributed and acquired under the act are subjected to its provisions in the same manner ascribed to lands owned by private individuals.

210. Section 112. In relation to section 111, section 112 presents that lands awarded are further subjected to a right-of-way not exceeding sixty (60) meters on width intended for public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines, airport runways, including sites necessary for terminal buildings and other government structures needed for full operation of the airport. Further, this section stipulates that government officials in charge of legal proceedings have the authority to take immediate possession of the property if the need arises as long as due notice is given to the owners beforehand. Ownership is reverted back to the owners if the infrastructure is abandoned, or when buildings used for the projects are abandoned or dismantled.

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(vii) Republic Act No. 9679 (Home Development Mutual Fund Law of 2009)

211. This act sets into place a viable tax-exempt mutual provident savings system to make housing more accessible through the Home Development Mutual Fund. Part of the objective of this act is to mobilize funds to be used for shelter finance. The scheme is known as the Pag-IBIG (Pagtutulungan sa Kinabukasan:Ikaw, Bangko, Gobyerno) Fund.

212. Section 5. Fund System. - To carry out such provident saving mechanism, both employees from private and government offices are mandated to contribute. The funds collected will be invested, primarily in housing.

213. Section 6. Fund Coverage. – The fund extends to (a) all employees covered by the SSS and the GSIS, uniformed members of the Armed Forces of the Philippines, the Bureau of Fire Protection, the Bureau of Jail Management and Penology, and the Philippine National Police, (b) Filipinos employed by foreign employers, and (c) spouses who devote full-time to managing the household and family affair may be covered by the Fund on a voluntary basis of contributions one-half (1/2) of the monthly income of the employed spouse. Provided that the spouses are not gainfully employed.

214. Section 10. Provident Character. The funding scheme shall exists as a private entity whereas the members wholly owns it, although it is administered in trust and applied exclusively for their benefit. Such that, the amount paid and earned through dividends shall constitute the provident fund for each members. Such amount will be paid back to the member, estate or beneficiaries upon termination of membership.

215. Section 11. Housing Features. A member in good standing shall be eligible to apply for housing loans provided that the terms and conditions set by the Board of Trustees are met. Such privilege to access the loan must be extended to lower-income members through enabling policies.

(viii) Republic Act No. 6685

216. This act requires private contractors that were awarded with public works project to hire workers that are bona fide residents of the province, city, or municipality in which the project will be undertaken.

217. Section 1. Contract Requirement. This act covers all private and subcontractors that are undertaking local public works projects that are funded either by National Government or local government. Here, the section stipulates that at least fifty percent (50%) of unskilled and thirty percent (30%) of skilled of the needed labor requirement must be hired in the province, city and municipality where the project is taking place. The act does not cover the needed labor to manufacture prefabricated construction materials premade outside

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the place of project implementation as well as the preparation of engineering designs and project plans and layouts.

218. Section 2. Public Works Projects Involved. This section presents the public works covered that includes, but are not limited to roads, schools, power and water systems, piers, airports and similar projects.

219. Section 4. Notice of Labor Requirements. The contractor and/or subcontractor must release a notice either in Filipino, English or local dialect that local residents are needed for the project. As a proof of their residence, willing applicants must present their voter’s identification, any reliable document identification, or barangay certification to justify that they are bona fide residents of the locality where the project will take place. Provided, that the applicants will pass the assessment of the contractor or subcontractor.

(ix) Republic Act No. 8972 (Solo Parent’s Welfare Act of 2000)

220. The policy provides the necessary support for solo parents that fall below the poverty threshold set by the National Economic Development Authority (NEDA) as assessed by the Department of Social Work and Development (DSWD).

221. Section 5. Comprehensive Package of Social Development and Welfare Services. Solo parents and their families are entitled for a comprehensive social development and welfare services through selected national government agencies in coordination with local government units and non-government organizations. Such package will include livelihood development services such as livelihood skills trainings, basic business management, value orientation, and seed capital or job placement.

222. Section 10. Housing Benefit. Government low-cost housing will be allocated for solo parents through a liberal payment terms. Solo parents living below the poverty line set by NEDA will be given priority.

(x) Republic Act No. 7432 as emended by Republic Act 9994 (Expanded Senior Citizens Act of 2010)

223. This act amends Republic Act No. 7432, as amended by Republic Act No. 9257, further expands the rights of citizens. One of its objectives is to motivate and encourage the senior citizens to contribute to nation building. Such that, under section 5, senior citizens who are willing and has the capacity to work shall be provided with matching services consistent with the provisions of the labor code. Senior citizens are also recognized for their differential needs in housing that the act also states the need to establish housing units for the elderly as well as their inclusion in the shelter program as a special housing needs. Indigent senior citizens are also entitled to a monthly stipend of Five Hundred pesos (Php 500.00) subject for Congress review every two (2) years as consulted with DSWD.

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(xi) Republic Act 7277 (Magna Carta for Persons with Disability) as amended by Republic Act 9442 and Republic Act 10754

224. This act provides the guiding principle for the rights and privileges of disabled persons. Such that, disabled persons are recognized as essential member in nation building. However, limitations of disabled persons are recognized which necessitates the state to provide policies to ensure rehabilitation, self-development and self-reliance of disabled persons. Access to favorable opportunities must be sustained through skills development.

225. Section 9. Vocational Rehabilitation. To ensure equal opportunities for disabled workers, vocational rehabilitation measures must be appropriated which will develop the skillsets of disabled persons. This will allow disabled workers to compete with employment opportunities available. Furthermore, vocational rehabilitation and livelihood services must also be provided most especially for disabled persons on rural areas.

226. Section 39. Housing Program. This section states that the National Government must take into consideration in the national shelter program the housing requirements of disabled persons.

(xii) Republic Act 9170 (The Magna Carta of Women) and its Implementing Rules and Regulations

227. This act highlights the rights of women in the context of equality of women and men. Here, the act recognizes the economic, political, and sociocultural realities affect women's current condition and that the State provides affirmation to women’s role in nation building. The act also presents the pivotal role of the State in ensuring that women’s rights are mainstreamed in policies, researches, technology, training programs, financing, production, and marketing.

228. Section 21. Right to Housing. This section covers the rights of women to access housing programs that are localized, simple, accessible, with potable water, and electricity, secure, with viable employment opportunities and affordable amortization. Such that, achieving this section entails that the State must have proper consultation with women and that their involvement in community planning and development, land use, zoning, and relocation are important. Furthermore, in the Section 24 of the IRR, it was reiterated that the HUDCC, Key Shelter Agencies and the LGUs must ensure that female-headed households are not discriminated in the provision of relocation or resettlement sites. In addition, access to basic services, facilities, employment, and livelihood opportunities must be responsive to the needs of women.

229. Section 22(a). Right to Decent Work. Decent work for women is defined as the access to opportunities that are productive and fairly remunerative as family living wage. It also

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covers security in workplace, social protection that extends to family members, as well as better prospect for personal development and social integration.

230. Section 23. Right to Livelihood, Credit, Capital, and Technology. This section further expounds the rights of women in the following provisions:

(i) Equal access to formal sources of credit and capital; (ii) Equal share to the produce of farms and aquatic resources; (iii) Employment opportunities for returning women migrant workers taking into account their skills and qualifications. Corollary, the State shall also promote skills and entrepreneurship development of returning women migrant workers.

231. Section 27 (b). Social Protection. Policies and programs meant to alleviate poverty and reduce vulnerability to risks must be instituted by the state. Moreover, such policies and programs must be anchored in enhancing the social status of marginalized women by promoting a livelihood protection, employment, protecting against hazards, and sudden loss of income. By extension, this social protection also covers the improvement of women’s capacity to manage risks.

(xiii) Executive Order No. 272, Series of 2004

232. The executive order establishes Social Housing Finance Corporation (SHFC) as a corporate subsidiary under the National Home Mortgage Finance Corporation (NHMFC). Administratively, SHFC is under the auspices of HUDCC. The role of SHFC is to undertake social housing programs catering both the formal and informal sectors in the low-income bracket and in administering both the CMP and the AKPF Program (amortization support program and developmental financing program).

(xiv) DPWH Department Order No. 05, Series of 2003

233. The policy states that valid claims for lands, structures, and other improvements must be paid in full as described in government rules and regulations. Taxes, Deed of Absolute Sale and encumbrances of the property will be paid by the Implementing Office (IO). However, the capital gains tax and encumbrances associated with payment will be deducted from the compensation. It also states that a Land Acquisition Plan and Resettlement Action Plan (LAPRAP) must be prepared for all projects where a standardized compensation package has to be prepared as defined under the Infrastructure Right of Way (lROW) Procedural Manual. The order also states that the determination of Project Affected Persons (PAPs) and improvements shall be based on the cutoff date, which is the start of the census of PAPs and tagging for improvements.

(xv) DPWH Department Order No. 327, Series of 2003

234. In accordance to DPWH D.O. No. 5, S. 2003 which requires LAPRAP to all infrastructure projects, this order further describes the LAPRAP’s content. The document must describe

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the project’s expected impacts and mitigating measures, socio-economic profile of PAPs, compensation package, timetable of implementation, institutional arrangements, monitoring and evaluation arrangements, participation, consultation and grievance procedures. LAPRAP will serve as the basis in compensating the PAPs for their lands, structure, and improvements, whether partially or affected, and in accordance with the compensation package prepared. Further, the order puts that the provision of resettlement sites is within the functions of the concerned LGUs. On the other hand, Key Shelter Agencies (KSA) such as the Housing and Urban Development Coordinating Council (HUDCC), National Housing Authority (NHA) must provide assistance. However, DPWH must coordinate the LGUs and the KSA for the resettlement and relocation of PAPs.

(xvi) DPWH Department Order No. 152, Series of 2017

235. Directing the use of DPWH Right-of-Way Acquisition Manual to provide clear, uniform, and user-friendly guide on the rules and procedure for the acquisition by the DPWH for its infrastructure projects, in accordance with the R.A. 10752 and its IRR.

(xvii) DPWH Right-of-Way Acquisition Manual (DRAM)

236. The objective of the DRAM is to achieve a more effective and expeditious implementation of the projects. The manual provides process of right-of-way acquisition including the following:

(i) Pre-Acquisition activities (ii) Preparation of ROW/Resettlement Action Plan (RAP) (iii) Appraisal of properties including the use of GFIs and IPAs (iv) ROW acquisition for special cases i.e., mortgaged properties, untitled lands, deceased owner, landowner is a corporation, property is under guardianship or administratorship, owners of structures and non-land assets do not have rights to the affected land, among others. (v) Validation of ROW claims (vi) Preparation of Budget and Provision of Appropriations for the ROW (vii) Processing of Payment for ROW claims and related expenses (viii) Clearing of structures and other non-land assets within ROW (ix) Grievance Redress Mechanism (x) Monitoring and Evaluation (xi) Preparation of ROW Completion Report (xii) Processing of Titles and Documents (xiii) Management of ROW

237. Aside from procedural guidelines, the DRAM provides templates for Terms of Reference (TOR) and Memorandum of Agreement (MOA) with GFI and IPA, Agreement to Demolish and Remove Improvements (ADRI), Permit to Enter, Deed of Absolute Sale (DOAS), ROW Monthly Report Outline, and Document Tracking System, among others.

(xviii) DPWH Department Order No. 130, Series of 2016

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238. The order establishes the IRR from the provisions of R.A. 6685 and R.A. 9710 which mandates 50% of unskilled and 30% of skilled labor to be employed from the locality where the project is being undertaken. The order also points that equal opportunities must be given to both women and men.

239. For both the unskilled and skilled labor requirements, the order of priority in filling up the labor requirements is as follows:

(i) Unemployed bona fide residents of the locality (barangay) where the project is being undertaken, provided that they are ready, willing and able as determined by the local chief executive; (ii) If the required labor requirements are not met by the barangay where the project is being undertaken, the neighbor barangays may provide the deficiencies as long as the unemployed bona fide resident of the said neighbor barangays are ready, willing and able and as determined/certified by the City Mayor or Municipality Mayor; (iii) If the labor requirement is not met by the host barangay and neighbor barangays, the deficiency may be supplemented from the unemployed bona fide residents of the province where the project is being undertaken. Provided, that the unemployed residents are ready, willing, and able as determined/certified by the Governor; (iv) If a project traverses two or more barangays/municipalities/cities/provinces, labor requirements are to be filled equally by the localities from where the project traverses.

240. Upon the publication of the Invitation for Prequalification to Bid, the Implementing Office (DPWH Regional Office/District or City Engineer’s Office) must advise the City/Municipal Mayor or Governor with the labor requirements of the project. The local chief executive are to be advised as well to submit a list of sex-disaggregated able, qualified and willing laborers both for skilled and unskilled workers. Such list must be available to the contractor upon the award of contract and before Notice to Proceed is issued. In case such list is not available, the contractor may employ the labor requirements with preference to the laborers in the locality or barangay where the project is located.

241. The order also stipulates that DPWH, concerned LGUs, and Contractors/Sub-Contractors must employ at least 20% women from the total workforce in skilled and unskilled position. This must be ensured across the project phase from planning, design, pre-construction and construction and maintenance of the project. To ensure that such proportion is achieved, the Philippine Commission on Women (PCW), the Department of Education (DepEd), the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA) are enjoined to provide trainings and to maintain sex-aggregated list of trained and qualified students on non-traditional skills.

242. In the same manner, DPWH, concerned LGUs, and Contractors/Sub-Contractors are also enjoined to produce their own program to ensure participation of women in construction and civil works are mainstreamed.

(xix) DILG Memorandum Circular No. 159, Series of 2020

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243. Under DILG’s Capacitating Local Government Units on Resettlement Governance – Project Management Office (CLRG-PMO), LGUs capacity in addressing issues in relation to Informal Settler Families (ISFs), housing, and resettlement are to be strengthened. This is targeted for resettlement sites in Regions III, IV-A, and the National Capital Region (NCR). Part of the technical assistance is for Sustainable Livelihood Development (SLD) which is aimed at strengthening the LGUs capacity in providing livelihood and employment opportunities in resettlement communities. The memorandum also stipulates wages/honoraria will be augmented for community workers hired in resettlement sites.

(xx) Joint Circular of DOE and DPWH No. 1, Series of 2017

244. Following the promulgation of the IRR of RA 10531, DOE and DPWH pursues the adoption of the guidelines in compensating project affected facilities owned by Electric Cooperatives (EC) that will need relocation. It stipulates that the IA must coordinate with both the National Electrification Administration (NEA) and ECs from planning until such time that the facilities concerned are relocated. The following preconditions must be taken into action.

(i) Before the budget preparation process, the IA must duly inform the ECs of the facilities that will be affected by the project. Such information must also be cascaded to the DOE and NEA.

(ii) During the survey and assessment, both the IA and EC must have an authorized designated representative.

(iii) Within thirty (30) calendar days after the said activities, the EC must provide the IA a proposed program of work which includes cost estimate and bill of materials. Such program of work must have been duly certified by the NEA

(iv) Within ten (10) days of the submission of the program of work, the IA must determine the proper compensation based on the formula stipulated in Section 5 of the JC.

(v) Once the compensation amount is identified, the IA and EC must execute a Relocation Agreement within fifteen (15) calendar days. The removal of Affected Facilities must have the following conditions:

a. Terms of payment of compensation for the Affected Facility;

b. Details of the Affected Facility and approved relocation site;

c. Project implementation and schedule of activities for the removal of Affected Facility;

d. Target Date when the Affected Facility must be removed;

e. Remedy in case of default, refusal to relocate, disagreement or dispute;

(vi) After executing the Relocation Agreement, a final program of work must be prepared by the IA. Here, the compensation amount must be stated which will be used for budgeting.

(vii) Prior to the removal of the Affected Facility, the IA must pay the concerned EC with at least fifty percent (50%) of the compensation cost as identified in the agreement.

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(viii) In the event that the EC disagrees, or the Relocation Agreement is not executed within the fifteen (15) calendar days as stipulated, the IA must deposit at least fifty percent (50%) of the compensation cost to the NEA. After which, a Deposit Notice must be sent by the IA to the EC. From here, the EC is required to remove the Affected Facility within seven (7) calendar days from the receipt of the Deposit Notice. If the EC refuses or fails to remove the facility in concern within the prescribed schedule, the NEA, as assisted by the IA, shall immediately relocate the affected facilities at the expense of the EC. Such expense will include the legal sanction if there are any.

245. Furthermore, if the EC failed to relocate the Affected Facility within the prescribed period in the Relocation Agreement, the IA is authorized to deduct ten percent (10%) of the Relocation Cost for the first day of delay. A rate of ten percent (10%) of the remaining balance of the Relocation Cost for the succeeding days of delay shall be deducted. The delay, however, must not be caused by willful or negligent acts.

246. In determining the relocation cost, the following formula shall be used:

(i) Relocation Cost = Present Value of Relocated Facility, less Depreciation Cost of Affected Facility, plus Dismantling/Removal and Disposal of Affected Facility

(ii) Such that: a = (b-c) + d

Where:

a - Relocation Cost

b - Present Value of Relocated Facility

c - Depreciation Cost of Affected Facility

d - Dismantling/Removal and Disposal Cost of Affected Facility.

6.3. ADB Safeguard Policy Statement

247. Under ADB’s Safeguard Policy Statement (SPS), projects financed by ADB are to (i) avoid involuntary resettlement (IR) whenever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; and (iii) enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups.

248. The IR safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers such losses and involuntary restrictions whether these are full or partial, permanent or temporary. ADB-supported projects are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks.

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249. The absence of legal title to land is not considered an obstacle to compensation and rehabilitation privileges under ADB policy. All persons affected by the project, especially the poor, landless, and semi-landless persons shall be included in the compensation, resettlement, and rehabilitation package. APs and/or AHs, whichever is deemed applicable, who are unable to demonstrate a legalizable or recognizable claim to the land being acquired will be eligible for compensation with respect to non-land assets only, and not the land itself. They will however be provided with other benefits and allowances as provided to other APs.

250. The following ADB SPS principles on involuntary resettlement shall apply to the project:

(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts, and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. (iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who

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enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

6.4. Gap-Equivalence Analysis

251. The policies of the Government to acquire and compensate for losses such as land, improvements, crops and trees at replacement cost using current market value has significantly improved through the years. Table 20 summarizes the gap-analysis and gap- filling measures prepared.

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Table 24: Gap Analysis Issue ADB Policies in the Philippines Gap Gap Filling Measures Compensation for non- APs who have neither formal Section 5 (b) of R.A. 10752 Non-landowners may not APs occupying the project land assets for those legal rights nor recognizable states that for owners of be compensated if the ROW before the set cut- without recognized legal claims to affected land they structures and improvements criteria set by R.A. No, off date are eligible for rights to affected land occupy are to be with no legally recognized rights 10752 are not met or compensation with the compensated for the loss of to the land, payment of the satisfied. Specifically, this is exception of squatting assets other than land and replacement cost of structures for APs that are classified syndicates. other improvements to the and improvements shall be as professional squatter or land at full replacement cost, applied as long as they meet all a member of a squatting provided that they occupied of the following conditions: syndicate. the project area prior to the • Must be a Filipino Citizen project cut-off date. • Must not own any real property or housing facility in urban or rural area • Must not be a professional squatter or a member of a squatting syndicate, as defined in R.A. No. 7279

Section 9 of R.A. 10752 states that the government, through the Housing and Urban Development Coordinating Council (HUDGC) and the National Housing Authority (NHA), in coordination with the LGUs and implementing agencies concerned, shall establish and develop resettlement sites for informal settlers, including the provision of adequate basic services and community facilities, in anticipation of informal settlers that have to be removed from the right-of-way site or location

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Issue ADB Policies in the Philippines Gap Gap Filling Measures of future infrastructure projects, pursuant to the provisions of Republic Act No. 7279, otherwise known as the “Urban Development and Housing Act of 1992”. Whenever applicable, the concerned LGUs shall provide and administer the resettlement sites.

Severity of impacts on The loss of 10% or more of DPWH Department Order (DO) Although percentage of Considering the scarcity productive resources for productive or income sources 327 series of 2003 defines the severity differs, the purpose of land in Metro Manila which rehabilitation (e.g., farmland and business/ severely affected APs as those for which the severity is area, 10% severity of assistance is required. shop) is entitled to livelihood who will lose more than 20% of measured also differs. The impact as basis to acquire restoration assistance. their assets because of the need 10% severity of ADB the entire property may to acquire right-of-way for the intends to define those result to displacement of implementation of an whose livelihood or source more APs. Hence, for this infrastructure project or their of income will be severely project, 10% will only be remaining land or structure is no affected (i.e., productive used as basis to longer viable for continued use land) in order to provide determine severity of or occupancy. In such cases, corresponding assistance impact on income sources APs will be entitled to full but not necessarily intend (i.e., productive land, payment for the fair market to acquire the whole business) in order to value of the entire land and the property. On the other provide additional full replacement cost of the hand, DPWH’s 20% assistance to APs. entire structures and other severity intends to define improvements affected. those whose property will When acquiring entire be acquired entirely property, DPWH will use because the remaining 20% as basis or area may no longer be whenever the remaining viable. portion is no longer viable for continued use. Payment of capital gains The rate of compensation R.A. 10752 requires for a Payment of CGT by APs if If compensation is less tax (CGT) on land for acquired housing, land, property owner to pay the CGT land is expropriated is than replacement cost, acquired through and other assets will be in expropriation proceedings to inconsistent with the the DPWH will apply a expropriation calculated at full incentivize and promote principle of full mitigation measure to replacement costs. negotiated sale. replacement cost. reach replacement cost.

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Issue ADB Policies in the Philippines Gap Gap Filling Measures The calculation of full Under negotiated sale, the IA replacement cost will be shall pay for the account of the Other applicable based on the following seller, CGT as well as DST, allowances including elements: (i) fair market transfer tax, and registration livelihood rehabilitation value; (ii) transaction costs; fees. The property owner will and transitional (iii) interest accrued; (iv) pay any unpaid real property assistance allowances transitional and restoration tax. apply as per cases not costs; and (v) other Under expropriation subject to expropriation. applicable payments, if any. proceedings, the IA shall pay DST, transfer tax, and registration fees, while the owner will pay CGT and any unpaid RPT. Eligibility for Security of tenure to Under R.A. No. 7279, set APs that do not meet the Other forms of resettlement assistance relocation land, better qualifications to be eligible for qualifications set under the resettlement assistance housing at resettlement sites socialized housing as follows: R.A. 7279 might not be such as self-relocation or with comparable access to • Filipino Citizen eligible for socialized low-cost housing and employment and production • Below poverty threshold as housing. medium cost housing will opportunities, integration of defined by NEDA be provided to APs not resettled persons • Must not own any real eligible for socialized economically and socially property; and housing, except members into their host communities, • Not a professional squatter of a squatting syndicate. and extension of project or a member of squatting benefits to host communities syndicate. must be ensured Relocation and resettlement include the provision of resettlement site, basic services, and employment and livelihood opportunities. Timing of payment of Pay full compensation and R.A. 10752 provides for partial Timing of the payment of Partial payment for land compensation and provide other resettlement payment on affected land and the remaining 30% for will be allowed so APs assistance prior to entitlements before physical structures upon the execution of structures is not aligned can look for or even pay displacement or economic displacement. Deed of Absolute Sale as with ADB’s policy of full in advance for a follows: compensation prior to replacement property as • Fifty percent (50%) of the displacement, while early as possible. In negotiated price of the condition for payment of addition, 100% payment

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Issue ADB Policies in the Philippines Gap Gap Filling Measures affected land exclusive of the remaining 50% for land for structures will be payment of property tax may result to delay of provided upon execution arrears advanced by the IA clearing of ROW because of the Deed of Absolute to the concerned LGU on of the lengthy process of Sale to ensure that APs behalf of the AP. transferring title to the have sufficient funds to • Seventy percent (70%) of Republic of the Philippines look for replacement the negotiated price of the (for wholly affected land) or property. This will help affected structures, annotation of land (for APs be more prepared improvements, crops, and partially affected land). before displacement. trees exclusive of unpaid However, 100% taxes compensation will be The IA shall pay the AP the paid prior to removal of remaining 50% of the negotiated assets/properties and price of the land upon displacement of APs. • the transfer of title in the Provisional timeline for name of the Republic of the the distribution of Philippines, in cases where compensation will be the land is wholly affected; or presented to APs so they • At the time of the annotation can plan ahead. of a deed of sale on the title, in cases where the land is partially affected The remaining thirty percent (30%) of the replacement cost for affected structures, improvements, crops, and trees, exclusive of unpaid taxes remitted to the LGU concerned shall be paid provided, that the land is already completely cleared of structures, improvements, crops, and trees Income restoration and The resettlement plan must The compensation as presented Provisions for the rationale A Livelihood Restoration livelihood improvement elaborate the displaced in Section 5 of R.A. No. 10752 is for livelihood compensation and Improvement persons’ entitlements, the limited to the land property to be is not available. Such Program must be income and livelihood acquired as well as the crops, livelihood component is prepared that highlights restoration strategy, and trees, and the replacement only available for socialized the livelihood

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Issue ADB Policies in the Philippines Gap Gap Filling Measures institutional arrangements, cost of structures as well as the housing as defined by R.A. opportunities that may be monitoring and reporting improvements undertaken. No. 7279 provided. Such must framework, budget, and time- include skills training to bound and implementation Under Section 15 of the IRR of make sure the proposed schedule R.A. 10752, the government intervention is sustained shall provide adequate by the APs. appropriations including the cost of development and implementation of resettlement projects, including planning, social preparation, provision of basic services, community facilities, livelihood restoration and improvement, and other activities in the RAP.

Vulnerable Groups Improve the standards of R.A. 7279 specifically aims to While national legislation Ensure that women and living of the displaced poor uplift the condition of ensures equal access to vulnerable groups are and other vulnerable groups, underprivileged and homeless housing, economic given equal opportunity to including women, to at least citizens by making available to opportunities and social be heard and express national minimum standards. them decent housing t welfare services across their concerns on the affordable cost, basic services, age, gender, physical and project. The livelihood and employment opportunities. mental ability, no law restoration must also provides assistance consider preferences and Section 21 of R.A. No. 9710 specific to vulnerable suitable training, stipulates that women have the groups affected by livelihood and right to access housing infrastructure projects. employment opportunities programs that are localized, Vulnerable groups are for women and other simple, accessible, with potable deemed more susceptible vulnerable groups. water, and electricity, secure, to impacts of displacement, with viable employment hence, would require a Provide rehabilitation opportunities and affordable special intervention to help assistance to vulnerable amortization. In addition, Section them rehabilitate groups in the form of 22(a) states that women have themselves as early as special skills trainings or the right to equal access to possible. other development formal sources of credit and activities. capital;

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Issue ADB Policies in the Philippines Gap Gap Filling Measures Such right to housing facility is also reflected for Disabled Persons at Section 39 of RA. No. 7277 where it states that the National Government must take into consideration in the national shelter program the housing requirements of disabled persons. On the other hand, Section 5 of R.A. 9994 states that senior citizens who are willing and has the capacity to work shall be provided with matching services consistent with the provisions of the labor code. Senior citizens are also recognized for their differential needs in housing that the act also states the need to establish housing units for the elderly.

Department Order 327 series of 2003 (legal reference in the DPWH ROW Acquisition Manual (DRAM) provides rehabilitation assistance to vulnerable groups in the form of special skills trainings or other development activities with a budget of PhP15,000 for training.

Loss of Income/Business In the case of physically For APs whose structures are Although there is no Transitional support displaced persons, (i) severely affected and whose specific law and guideline during the period when transitional support and business/income are affected, which mentions assistance APs resettle and re- development assistance the DPWH's LARRIPP (2007) during the transition establish their livelihoods

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Issue ADB Policies in the Philippines Gap Gap Filling Measures such as land development, provides for rehabilitation period, the relevant will be provided aimed at credit facilities, training, or assistance with an amount of no entitlements may be stabilizing their living employment opportunities more than PhP15,000 (based on lumped under the clauses standards. and (ii) opportunities to the tax record for the business pertaining to “livelihood The entitlement matrix derive appropriate activities). restoration and outlines the specifics of development benefits from improvement and other the support provided for the project will be provided. Section 15 of the IRR of R.A. activities under the RAP” transitional assistance 10752 further states that, when as stipulated by R.A. entitlements covering In cases where land necessary, the development 10752 law and its IRR. compensation for lost acquisition affects cost described above may income and assistance to commercial structures, include land development and In the relevant Philippine re-establish livelihoods affected business owners are housing construction, the laws, there is no provision and businesses. entitled to (i) the costs of re- provision of basic services and for compensation for establishing commercial community facilities, livelihood income loss for medium- to activities elsewhere; (ii) the restoration and improvement, large-sized businesses net income lost during the and other activities under the transition period; and (iii) the RAP in coordination with costs of transferring and concerned government reinstalling plant, machinery, agencies. or other equipment. Grievance Redress Appropriate and accessible There is no specific law that There is no specific law An effective and Mechanism grievance redress stipulates GRM within land that stipulates GRM for accessible GRM will be mechanisms must be acquisition laws in the land acquisition in the established for the project established at the project Philippines. Philippines.9 However, to resolve disputes level for the affected people through RA 11032, the outside the judicial and their communities. Republic Act 11032 or the Ease public can system. of Doing Business and Efficient request a government Prior to the start of the Government Service Delivery office for resolution of ROW acquisition, the Act of 2018 is an act that aims to simple and complicated DPWH will establish the streamline the current systems issues/concerns. local help desk at each and procedures of government city/municipality to services. The strengthened This law shall encompass address the concerns of version of the law is poised to a program for the adoption APs pertaining to the RAP facilitate prompt actions or of simplified requirements and ROW acquisition.

9 In terms of guidelines, Section 3.4 Tracking and Monitoring Implementation of Grievance procedures of the DPWH's Land Acquisition Plan and Resettlement Action Plan (LAPRAP) Tracking Manual of 2003 was previously used as a reference.

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Issue ADB Policies in the Philippines Gap Gap Filling Measures resolution of all government and procedures that will Each local help desk must transactions with efficiency reduce red tape and be established before the (Signed into law on 28 May expedite business and delivery of the notice of 2018, the law effectively amends nonbusiness related taking (NoT) to APs by the Republic Act 9485 or the Anti- transactions in DPWH. A database of Red Tape Act of 2007.) government. APs’ concerns, actions taken, referrals made, and the resolution status of the said concerns will be developed and maintained by the DPWH. Once the ROW acquisition commences, the GRM is triggered and the local help desk, in coordination with the RIMC will serve as a recipient and database manager of grievances filed. External Monitoring For projects with significant DPWH LARRIPP of 2007 The IA will engage involuntary resettlement stipulates the need for an qualified experts to impacts, the borrower/client external monitoring agent for its conduct external will retain qualified and projects. monitoring of the experienced experts to implementation of the conduct external monitoring. RAP. RP Disclosure ADB policy is to make the The NEDA's ICC does not The public can request The RAP will be prepared RAP as well as any updates require the RAP to be made information on the project and accessible to the accessible to the public available to the public. including the RP from public through ADB through their website. DPWH, being under the website. DPWH may also Executive Order No. 02, also executive department. disclose this to the public known as the Freedom of upon request. Information (FOI) Program, on July 23, 2016 established the Salient information from first freedom of information (FOI) the RAP will be disclosed Program in the Philippines to APs prior to and covering all government offices

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Issue ADB Policies in the Philippines Gap Gap Filling Measures under the Executive Branch. It following finalization requires all executive during SCMs. departments, agencies, bureaus, and offices to disclose public records, contracts, transactions, and any information requested by a member of the public, except for matters affecting national security and other information that falls under the inventory of exceptions issued by the Executive Secretary.

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6.5. Project Resettlement Policy

252. Following the gap filling measures in the previous section, the following eligibility criteria, modes of acquisition and payment schedule will be followed for this project.

6.5.1. Eligibility Criteria

253. APs’ eligibility for compensation and entitlements are in accordance with the policy and legal framework for land acquisition and project resettlement policy as defined in Chapters 4 and 5, respectively. Identification of APs’ eligibility is carried out following the cut-off date set during conduct of census surveys and structure tagging.

254. APs who meet the following criteria will be eligible for compensation for loss of assets:

(i) APs who have full title, such as Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) or Emancipation Patents (EP) or Certificate of Land ownership Award (CLOA); (ii) APs who are not original patent holders of lands granted under CA 141 and where any previous acquisition is not through a gratuitous title; (iii) APs who can present (i) a Tax Declaration showing his/ her and his/her predecessors’ open and continuous possession of the property for at least 30 years, (ii) a certification from the DENR that the land is alienable and disposable, or (iii) other documents that may show proof of ownership.

255. APs who are original patent holders of lands granted under CA 141 and whose land has not been subjected to previous government exercise of its lien will not receive compensation for land but will be provided with compensation for structures computed at full replacement cost. APs who do not own the land, but own structures, improvements, crops and trees thereon are eligible for compensation for assets other than land, following the policy on cut-off date.

256. APs who do not have any affected asset or property but are currently occupying, residing, or using the area within the ROW are eligible to applicable assistance described in Chapter 7 this RP.

257. APs who will incur temporary impacts during construction (for use as access road, for soil dumping, borrow sites and contractor’s camps, etc.) and who have legal rights to the land will be entitled to the following from the construction Contractor:

• Lease amount equivalent to prevailing rental rates in the location of the property • Compensation for affected non-land assets based on replacement cost and • Restoration of land to pre-construction state

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258. As discussed in section 6.2, there are existing national laws and project resettlement policies that affect eligibility of some APs in specific situations. These are summarized below:

259. Original patent holders of lands granted under CA 141. As early as the late 1930s public land was granted to agricultural farmers with the provision that should a piece of that land (up to 60 m width) be required for a government ROW, it is to be returned to government ownership. As a result, APs who are original patent holders of lands granted under CA 141 (or own it through a gratuitous title), and whose land has not been subjected to previous government exercise of its lien will have different entitlements. Specifically, there will be no compensation for land up to 20 meters width if a patent was granted prior to 1975, and up to 60 meters width for patents granted thereafter. In any case cash compensation for structures, improvements, crops and trees, within this lien will be computed at full replacement cost.

260. Business Owners and their Employees. Owners of Affected businesses will be assisted in restoring their income levels and will receive income loss compensation for the transition period. APs whose declared incomes are above the bracket for tax exemption, will be required to present income tax returns (ITR) to establish their income. For unregistered businesses, DPWH will compensate the AP based on validated declared income not exceeding Php250,00010 Employees of affected business will be determined through records with SSS, Pag-IBIG, PhilHealth, contracts, pay slip and other proofs that they are actually employed in said affected business.

261. Vulnerable Groups. Vulnerability of AP will be determined through validation of the SES results. Senior citizen ID, PWD ID, solo parent ID and other similar identification can be presented if the AP cannot be physically present during validation. DPWH will also validate the source of income to determine poverty level.

262. Absentee structure owners who are members of squatting syndicates/professional squatters. Section 27 of R.A. 7279 states that any person or group identified as such shall be summarily evicted and their dwellings and structures demolished and shall be disqualified to avail of the benefits of the program. Based on the project resettlement policy, squatting syndicates as defined in section 3 of R.A. 7279 and who are certified by the Local Committee Against Squatting Syndicates and Professional Squatters (LCASSPS)11 as such will not be eligible for resettlement assistance. Members of squatting syndicates who do not occupy project-affected structures and are residing elsewhere will not be physically displaced and as such will not be eligible for relocation assistance and transitional support. However as provided in the same section of the Act, individuals or groups who simply rent land and housing from professional squatters or squatting syndicates are not classified as the same, and as such would still be eligible to participate in a government socialized housing program (if they meet the other criteria).

263. Persons who have moved into the right of way after the cut-off date. Persons or households who moved into the affected structure after the cut-off date will be ineligible for resettlement assistance. Similarly, all illegal structures built, and trees planted in the affected land after the cut-off date will not be eligible. Persons living in these illegal structures will also be ineligible for resettlement assistance. Evicted renters/informal settler

10 Annual income exempted from tax based on the Graduated Income Tax under Section 24(A)(2) of the Tax Code of 1997, as amended by Republic Act 10963. Retrieved from: bir.gov.ph 11 LCASSPS is composed of the LGU Mayor, Local Chief of Police, PCUP, DHSUD, accredited Urban Poor organization, President of the Liga ng mga Barangay in the City/Municipality and a representative from the private sector (DILG MC 2012-04).

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families who are in the household master list will be eligible for assistance. Eligibility will be determined through validation to be conducted jointly by DPWH and LGU/LIAC.

6.5.2. Modes of Acquisition

264. Negotiated Sale. APs will be entitled to cash compensation for the loss of land, crops and trees based on current market value, and full replacement cost for structures and improvements. DPWH will pay transactional costs such as capital gains tax, documentary stamp tax, transfer tax and registration fees. APs will be required to pay for real property tax13 (RPT) arrears (and estate tax in cases of Extra-Judicial Settlement).

265. Expropriation proceeding. In the event that 30 days after issuance of the Letter Offer the AP refuses to accept the compensation under negotiated sale, or fails to submit the documents necessary for payment, DPWH will initiate expropriation proceedings.

266. For expropriation cases, a check will be deposited to the court upon the filing by the DPWH through the Office of the Solicitor General (OSG). For land, the amount of compensation will be computed based on the latest applicable BIR Zonal value. For structures and improvements, basis of computation will be in terms of full replacement cost as defined in R.A. 10752 and its IRR. Crops and trees will be compensated based on its current market value.

267. The Court will immediately issue an order to take possession of the property and start implementation of the project as provided in Section 6(a) of R.A. 10752. While the court adjudicates the compensation to be paid, the APs may, at any time request the court to release such deposit upon presentation of proof of ownership (Section 6(a) R.A. 10752).

268. After the case has been heard by the court, the court will order DPWH to pay the difference, if any, between the initial compensation and the just compensation as determined by the Commissioners assigned by said court. DPWH will pay the necessary capital gains tax, documentary stamp tax, transfer tax, and registration fees. APs will be pay for real property tax14 (RPT) arrears, if any.

269. Based on Rule 16 Section 1(h) of the 1997 Rules of Court on Civil Procedures, the plaintiff (DPWH) can withdraw the case any time before the filing of the answer by the defendant (APs). If the answer has been filed there has to be a joint filing by DPWH and the owner to withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures). If compensation is less than replacement cost, the DPWH will apply a mitigation measure to reach replacement cost.

270. In both cases, the acquisition mode would revert back to Negotiated Sale, which will entitle the owner to payment at current market value for land (as indicated in DPWH’s letter offer), free of taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops and trees.

271. If no motion to dismiss as above described is filed, expropriation proceeding will continue. Once the court decision becomes final and executory acquisition mode (expropriation) cannot revert back to any other mode.

13 Real property taxes, as mandated by law are taxes on real properties, paid on an annual basis to respective local government units. 14 Real property taxes, as mandated by law are taxes on real properties, paid on an annual basis to respective local government units.

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272. Where the AP agreed to the negotiated sale but was unable to gain the necessary documents to show proof of ownership, DPWH may pursue a joint motion in the court for a compromised judgement reflecting the agreed amount – on a case-by-case basis and in good faith.

273. DPWH will provide assistance to APs whose lands will be subjected to EJS. This will be done through the Help Desk that will be established in the concerned LGU upon issuance of the Notice of Taking (NoT). As previously mentioned, early issuance of the NoT is highly recommended for APs to have enough time to complete/progress EJS process prior to issuance of the Letter Offer. If APs are unable to complete the EJS before the expropriation proceedings are heard by a court, DPWH will pay the just compensation as determined by the court, as well as any required taxes including CGT, except for any unpaid RPT.

6.5.3. Required Documents

274. Land, with or without structures/improvements. For negotiated sale, the following documents are required to be submitted by the landowners prior to the full payment:

(i) Owner’s duplicate copy of title (Original Certificate of Title (OCT)/Transfer Certificate of Title (TCT)) covering said lot (ii) Tax Declaration of Lot (iii) Tax Declaration of Improvements (if any) (iv) Two government issued/valid Identification Cards (IDs)

275. Structures only. Structure owners who do not own the land, including informal settlers are required to present the following documents:

(i) Certification from the barangay concerned stating that he/she is the rightful owner of the structure (as per IRR for RA 10752). (ii) If the structure or improvements are located on privately owned land, the structure owner will require a waiver from the private landowner stating that he/she is not the owner of the structure and/or improvement therein and as such he is waiving the receipt of any compensation for such (not applicable if the landowner is the government).

6.5.4. Payment schedule

276. The schedule of payment to the Legal Property owners is summarized in Table 21. In any of these cases, compensation will be done in full prior to displacement.

Table 25: Payment Schedule for Legal Property Owners Displacement of AP and AP Category 1st Payment 2nd Payment Removal of Structures/ Improvements A. NEGOTIATED SALE

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Displacement of AP and AP Category 1st Payment 2nd Payment Removal of Structures/ Improvements Case 1. 50% of the land 50% of the land Following payment of AP with complete 100% for the structures, full compensation documents including crops and trees Owner’s Copy of the Title Case 2. 50% of the land 50% of the land Following payment of APs with complete 100% for the structures, less RPT paid to full compensation documents except tax crops and trees LGU clearance. B. EXPROPRIATION PROCEEDING Applicable to all Upon presentation of proof Court will order After issuance from the cases of ownership: DPWH to pay court of the Writ of Cash compensation the difference, if Possession to DPWH. equivalent to 100% of lot any, between This is roughly 10 days price based on latest initial after filing the Bureau of Internal Revenue compensation expropriation case and (BIR) zonal value for land and the just is before the final court 100% replacement cost for compensation as decision. structure and improvements, determined by and market value for crops the court. and trees

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VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS

277. The provision of compensation and resettlement assistance is designed to enhance or at least restore the quality of life of all displaced persons in real terms relative to pre-project levels and, where possible, to improve the standards of living of the displaced poor and other vulnerable groups.

278. Compensation at full replacement cost is both an ADB and national ROW legislation requirement and was carefully considered in the development of the entitlement matrix.

279. Project entitlements in this RP correspond to impacts that follow ADB SPS (2009) requirements as well as the country’s laws and regulations, as described in the previous sections. Entitlements are also enhanced when necessary, following the conduct of Detailed Measurement Survey (DMS) and consultation with APs to ensure that adverse impacts are mitigated, if unavoidable.

280. The DPWH, in cooperation with the assigned key shelter agency, will work closely with the local government unit (LGU) of Marikina City in relocating the informal settlers. For the “self-relocation option” DPWH will work with the Home Development Mutual Fund, also known as Pag-IBIG Fund, to assist eligible APs into available housing programs.

The entitlement matrix outlines the entitlements for loss of land, structures and assets for both negotiated sale and expropriation cases.

7.1. Other Types of Assistance/Entitlements

281. Resettlement Options. In general, APs, whether formal, or informal/renting (e.g., they are not poor or vulnerable or they own real property elsewhere, as defined under R.A. 7279), who are using affected structures as dwellings will have the option to choose between self- relocation assistance or assisted resettlement. APs within the poverty threshold will have the option of participating in a social housing program or for self-relocation assistance. Underprivileged and homeless renters and sharers are also eligible to avail of the government’s socialized housing programs.

282. Livelihood Restoration Options. For APs whose livelihood will be severely affected, they will be eligible to participate in the Livelihood Restoration and Improvement Program and provided compensation for loss of income.

283. Special Assistance for Vulnerable Groups. Additional support will also be provided for vulnerable groups, as specified in the Entitlement Matrix. Vulnerable groups are defined in Section 6-7.

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284. For families with persons needing special assistance and/or medical care, the LGU of Marikina City will provide nurses or social workers to help them before and during the resettlement activities.

7.2. Units of Entitlements

285. The unit of entitlement is the entity (individual, family or household, or community) eligible to receive compensation or entitlements. The units of entitlement include the following categories:

(i) Individuals or juridical persons having legal ownership of land, structures and/or community facilities, crops and trees will be considered as the unit of entitlement of the subject property; (ii) Owners of residential or non-residential structures, with or without legal ownership on the land where the structure is located, will be considered as the unit of entitlement, upon presentation of sufficient proof of ownership of said structure; (iii) A household will be the unit of entitlement, in instances where the household will be impacted by physical displacement and requiring relocation assistance, including: • Households who own the dwelling structure and also own the land where the structure is located. • Households who own the dwelling structure but do not have legal ownership on the land where the structure is located. • Households who are renting, leasing or sharing the structure. (iv) Adults whose waged-based income will be impacted will be the unit of entitlement for livelihood rehabilitation and improvement assistance and compensation for income losses. (v) The unit of entitlement for Vulnerable Groups are household, and includes: • Households below poverty threshold; • Households headed by the elderly; • Households headed by a solo parent with dependents; and • Households with any member of the family residing in the household at the time of the cut-off date who is physically disabled (i.e. blind, mute, cannot walk, etc.) and/or mentally challenged. (vi) Government Agency/ Local Government Unit (LGU) who are owners of affected public structures, community facilities and areas on public land are considered the unit of entitlement for compensation relating to project impacts on these structures and public land.

Table 26: APs Entitled to Livelihood Restoration Assistance Major Group of APs Entitled APs Based on EM APs who own affected fixed micro businesses within the ROW (e.g. small APs engaged in shops, sari-sari store, carinderia, food stand, repair shop, etc.) with or enterprise activity without permits from the LGU concerned. APs who own affected small, business establishments APs engaged in APs who are employed in a displaced commercial, industrial establishment wage-based and lose their job due to closure of business or laying off as a result of occupation minimized operation.

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Major Group of APs Entitled APs Based on EM APs who permanently relocate to a place that makes former wage-based livelihood opportunities inaccessible

7.3. Conditions

286. In applying these units of entitlement, the following conditions apply:

(i) A household with only one (1) family member will have the same entitlement as those having more than one household member (with the exception of food allowances during relocation as this is calculated on a per person basis); (ii) Female-headed households are to be equally recognized as a unit of entitlement, similar to male-headed households. (iii) The unit of entitlement for loss of income from business activities will be the legally registered owner of the business activities who at the time of the census is operating the business on the land or structure to be acquired by the project. For small shops, micro business and vendors with no registration or permit, or supporting documents as proof of income compensation will be based on the indicated income in the survey questionnaire utilized and validated by the UPMO or RIC. (iv) Legal co-owners of land, structures and/or business will be included within the one unit of entitlement under the same arrangement as the co-share documents or as per existing form of income-expenses-profit share arrangements. (v) Households, regardless of income and category, will have the option to choose between self-relocation assistance or assisted resettlement. The housing modality shall depend on several factors such as income, previous inclusion to relocation projects, and AP’s preference.

287. The unit of entitlement is the affected individual, or household or affected community, as the case may be, that is eligible to receive compensation and assistance. As a rule, the unit of loss determines the unit of entitlement. If an individual loses a small business, the individual is entitled to compensation. If more than one person owns or customarily uses expropriated resources, then they are entitled to share in compensation. For example, if a household of five loses a house and two hectares of land held in the name of one person, all the members of the household are collectively entitled to at least a house and two hectares of land of comparable value or to another form of compensation or rehabilitation acceptable to them. The concept of the unit of entitlement is related to the entitlement matrix.

288. Table 23 presents the Entitlement Matrix for APs affected by the Marcos Highway - St. Mary Bridge.

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Table 27: Entitlement Matrix Type of Impact Loss of Land Entitled Person (Severe/Full) (Marginal/Partial) 1a APs who have full title Entitlements: Entitlements: (OCT/TCT/EP/CLOA) Cash compensation for loss Cash compensation for portion 1b APs who are not original of land at full replacement of land at full replacement cost patent holders of lands cost computed at current computed at current market granted through C.A. 141 market value, free of taxes, value, free of taxes including 1c APs with no title but with including capital gains tax CGT, DST, transfer tax, and Tax Declaration and (CGT), documentary stamps registration fees, except RPT other requirements, as tax (DST), transfer tax, and arrears and Estate Tax. prescribed in RA 10752 registration fees, except Real (21 Landowners, 29 Parcels) Property Tax (RPT) arrears (11 landowners, 18 Parcels) Easement Agreement15: 1d APs who were former Owner retains ownership, gets ISFs but now hold title of compensated for portion of the land as a result of a land computed at latest BIR government socialized zonal value, and allows housing program perpetual use of ROW

1e APs who were former Entitlements: Entitlements: ISFs and government Same as above, with less any Same as above. socialized housing amount still owing to the title. (No identified eligible AP – program beneficiaries (No identified eligible AP – subject to validation) whose titles are still subject to validation) under the name of the organization. 1f APs who are original Entitlements: Entitlements: patent holders of lands No compensation for land up No compensation for the granted through to 20 meters width if patent affected portion of land within Commonwealth Act was granted prior to 1975, 20 meters width if patent was (C.A.) No. 141 and the and up to 60 meters width for granted prior to 1975 and up to land has not been patents granted thereafter16. 60 meters width for patents subjected to previous In excess of government lien, granted thereafter. government exercise of follow other entitlements for In excess of government lien, its lien. 1a. follow other entitlements for (No identified eligible AP – marginal/partial impacted 1a subject to validation) APs. (No identified eligible AP – subject to validation) 1g APs whose properties Entitlements: Entitlements: are mortgaged Same as entitlement for 1a, DPWH to request Mortgagee but check payment will be to segregate the portion of the split into: property to be acquired for ROW from the rest of the 1. For mortgagor Aps - Full property. replacement cost as Full replacement cost for portion of the mortgaged

15 If the portion of a lot required for a ROW is minimal, such that the expenses for surveying or segregating that portion from the main lot would be more than the value of the part of the lot needed, DPWH may, if the owner agrees, resort to the mode of easement of ROW (Title VII, Chapters 1 and 2 Civil Code of the Philippines). In this case, cash compensation for the value of the portion of the land subjected to easement agreement computed at latest BIR zonal value, with owner retaining ownership of said portion of land (Article 630, Chapter 1, R.A. 386/ Civil Code of the Philippines). 16 For example, if the affected land was granted through CA 141 prior to 1975 and the land to be acquired for the right of way was a strip of land up to 20m then the PAP would not be entitled to compensation for the land. If, however, the land to be acquired from the same land was wider than 20m (say 50m) then the PAP would be entitled to compensation for any area over the 20m width (in this case 30m) provided other required conditions are met. For land granted through CA 141 from 1975, then the any land acquired up to a width of 60m would not be compensated and same principle would apply as to the 20m example.

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defined above, less property to be acquired, less remaining amortization; remaining amortization to be 2. For mortgagee - paid to Mortgagor APs; Remaining amortization Remaining amortization amount needed to release amount, computed portion of mortgaged property based on original to be paid to Mortgagee. amount of principal, less interests for remaining (No identified eligible AP – amortization period subject to validation)

(No identified eligible AP – subject to validation) 1h APs whose properties are Cash compensation for loss of Cash compensation for portion of ordinary assets17 (i.e., land at full replacement cost land at full replacement cost property is used in trade or computed at current market computed at current market value, business or primarily held for value, free of taxes, including free of taxes, including value sale). value added tax (VAT), added tax (VAT), documentary documentary stamp tax (DST), stamp tax (DST), transfer tax, and transfer tax, and registration registration fees, except fees, except Expanded/Creditable Withholding Expanded/Creditable Withholding Tax3 (EWT) and Real Property Tax18 (EWT) and Real Property Tax (RPT) arrears Tax (RPT) arrears

Implementation Considerations: 1. DPWH will notify property owners early to enable time to gather necessary documents as proof of ownership. APs may seek guidance from DPWH through the Help Desk on documentation requirements. 2. APs can request DPWH to pay the RPT arrears in advance to the LGU. This amount will be deducted from the compensation payment, except when the arrears is higher than the total compensation amount. 3. Non-viability of remaining portion will be determined by DPWH in consultation with the AP. If the remaining portion of land is not viable for continued use for the original purpose or if more than 80% of the entire land is to be acquired, the entire plot will be acquired subject to agreement of the AP. 4. Easement agreements to be offered by DPWH will be voluntary on the part of the AP, and will be made based on an informed decision. Repercussions and conditions of the agreement will be explained to the AP so that they can make their own decision whether to accept said offer or not. 5. For properties that will undergo expropriation: If compensation is less than replacement cost, the DPWH will apply a mitigation measure to reach replacement cost ● Based on Rule 17 Section 1(h) of the 1997 Rules of Court on Civil Procedures, the plaintiff (DPWH) can withdraw the case by filing a notice of dismissal any time before service of the answer by the defendant (owners). If the answer has been served, the case shall not be dismissed at the plaintiff’s instance except upon approval of the court and upon such terms and conditions as the court deems proper (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures). In both cases, the acquisition mode would revert back to negotiated sale, which will entitle the owner to payment at current market value for land (as indicated in DPWH’s letter offer), free of taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops and trees. If no motion to dismiss as above described is filed, expropriation proceeding will continue. Once the court decision becomes final and executory acquisition mode (expropriation) cannot revert back to any other mode. ● Where the AP agreed to the negotiated sale but was unable to gain the necessary documents to show proof of ownership, DPWH and the AP may manifest before the court, upon filing of the expropriation case and making the necessary deposit, that the offer amount is not in dispute. DPWH shall then pursue the case in good faith and pay just compensation to the rightful owner/s as decided by the court. DPWH will provide assistance to APs whose lands will be subjected to EJS. This will be done through the Help Desk that will be established at each LGU prior to the issuance of the NoT. Early issuance of the NoT is highly recommended for APs to have enough time to complete/progress EJS process prior to issuance of the OTB, which only gives them 30 days to accept offer, after which expropriation proceedings can commence. If APs are unable to complete the EJS before the expropriation proceedings are heard by a court, DPWH will pay the just compensation as determined by the court, as well as any required taxes including CGT, except for any unpaid RPT otherwise, DPWH will delay filing of expropriation to the extent. Expropriation Proceeding: 1. An initial compensation at an amount computed at 100% of lot price based on latest BIR zonal value for land, replacement cost for structures and improvements, and market value for crops and trees (less any unpaid RPT and

17 As defined in Section 2.b of BIR Revenue Regulation (RR) 7-2003. As stipulated in the same section, this also includes real properties acquired by banks through foreclosure sales. 18 Sales of properties by a corporation which is registered with and certified by the HLURB or HUDCC as engaged in socialized housing project with the selling price as determined and adjusted by HLURB are exempted from payment of expanded/creditable withholding tax (EWT) (Section 2.57.5 of the BIR Revenue Regulation 2-98).

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CGT) in the form of a check will be deposited to the court in favor of the owner upon filing of expropriation case by DPWH. The Court will immediately issue an order to take possession of the property and start implementation of the project (Section 6(a) R.A. 10752). 2. While the court adjudicates the compensation to be paid, the APs may, at any time request the court to release such deposit upon presentation of proof of ownership (Section 6(a) R.A. 10752). 3. After the case has been heard by the court, the Court will order DPWH to pay the difference, if any, between initial compensation and the just compensation as determined by the court. 4. At this time, DPWH will also pay any required taxes and fees (such as notary fees) where applicable with the exception of CGT (as detailed in RA10752) and any unpaid RPT. 5. If compensation is less than replacement cost, DPWH will apply a mitigation measure to reach replacement cost. Other applicable allowances including livelihood rehabilitation and transitional assistance allowances apply as per cases not subject to expropriation.

Type of Impact Loss of Structure Entitled Person (Severe/Full) (Marginal/Partial) 2a APs who own structures Entitlements: Entitlements: and also own the land a. Cash compensation for the Cash compensation for the where the structure is entire structure equivalent to affected portion of the located. full replacement cost without structure at full replacement deduction for depreciation or cost without deduction for salvaged materials. depreciation or salvaged (14 structure owners) materials. In cases where affected Cash allowance for repair structures are used as a costs commensurate with dwelling unit: actual costs. b. To be assisted to avail of (6 Structure Owners) Pag-IBIG low-cost and medium cost housing loan c. Allow PAPs to recover salvageable materials without deduction from compensation d. Inconvenience allowance amounting to Php 10,00019 e. Transportation assistance to new dwelling (including household belonging) f. Cash compensation to cover the cost of connecting utilities such as water and power

(5 households) 2b APs who own structures Entitlements: but do not own the land Cash compensation for the where the structure is entire structure equivalent to full located on and are not a replacement cost without low-income household deduction for depreciation or and/or they own a salvaged materials. dwelling elsewhere In cases where affected prescribed in R.A. 7279 structures are used as a dwelling unit: a. Allow PAPs to recover salvageable materials without deduction from compensation b. Food allowance of PhP150 per person per day or a food

19 DPWH DO 327 series of 2003, Annex A: Guidelines for Qualifications of PAPs, Entitlements and Compensation, as appended in DRAM 2017.

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Type of Impact Loss of Structure Entitled Person (Severe/Full) (Marginal/Partial) parcel of equal or greater amount (as determined by DPWH) for 3 days c. Transportation assistance to new dwelling (including household belonging) d. Cash compensation to cover the cost of connecting utilities such as water and power e. Transitional Allowance20 equivalent to 3-month rent of similar structure within the same area; and f. Resettlement assistance through Pag-IBIG low-cost and medium cost housing loan

2c APs who are renting, Entitlements: Entitlements: leasing or sharing the No compensation for land or No compensation for land or structure, and are not a structures. structures. low-income household In cases where the structures In the case of residential and/or they own a are being used as residential dwellings, if the affected dwelling elsewhere as dwellings, resettlement portion results in the prescribed in R.A. 7279. assistance as follows: displacement of a. Food allowance of PhP150 renters/sharers, resettlement per person per day or a food assistance applies. parcel of equal or greater (No identified eligible AP – amount (as determined by subject to validation) DPWH) for 3 days b. Transportation assistance to new dwelling (including household belonging); and c. Transitional Allowance21 equivalent to three (3) months rent of similar structure within the same area; or d. Resettlement assistance through Pag-IBIG low-cost and medium cost housing loan (No identified eligible AP – subject to validation) 2d APs who are renting, Entitlements: No compensation for land or leasing, or sharing the No compensation for land or structures. structure, and are a low- structures. In the case of residential income household and/or In cases where the structures dwellings, if the affected they do not own a are being used as residential portion results in the dwelling elsewhere as dwellings: displacement of prescribed in R.A. 7279 a. Food allowance of PhP150 renters/sharers, resettlement per person per day or a food assistance applies. parcel of equal or greater

20 Ibid 21 Ibid

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Type of Impact Loss of Structure Entitled Person (Severe/Full) (Marginal/Partial) amount (as determined by (No identified eligible AP – DPWH) for 3 days subject to validation) b. Transportation assistance to new dwelling (including household belonging); and c. Transitional Allowance equivalent to three (3) months rent of similar; or d. Provision of LGU socialized housing unit*

*If completion of the socialized housing accommodation will not be ready in time, rental allowance will be provided

(3 households) 2e APs who own structures Entitlements: Entitlements: but do not own the land Cash compensation for entire Cash compensation for affected where the structure is structure equivalent to full portion of the structure located on, and are a replacement cost without equivalent to full replacement low-income household deduction for depreciation or cost without deduction for and/or they do not own a salvaged materials. depreciation or salvaged dwelling elsewhere as In cases where the structures are materials. prescribed in R.A. 7279. being used as residential 2f APs who own structures dwellings: and were former ISFs but now hold title of land (i) Food allowance of through government PhP150 per person per socialized housing day or a food parcel of programs. equal or greater amount (as determined by DPWH) for 3 days (ii) Transportation assistance to new dwelling (including household belonging); (iii) Cash compensation to cover the cost of connecting utilities such as water and power; and (iv) Transitional Allowance equivalent to 3-month rent of similar structure within the same area; and (v) Provision of socialized housing unit*.

*If completion of the socialized housing accommodation will not be ready in time, rental allowance will be provided. (No identified eligible AP – subject to validation) 2g APs who were former ISFs Entitlements: and CMP/NHA beneficiaries whose titles

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Type of Impact Loss of Structure Entitled Person (Severe/Full) (Marginal/Partial) are still under the name of Same as above minus any the organization. amount still owed to the housing agency. (No identified eligible AP – subject to validation) 2h APs who own Entitlements: structures/improvements • Cash compensation for entire but do not own the land structure equivalent to full where the structure is replacement cost without located, and who have deduction for depreciation or previously availed of salvaged materials. government socialized • In cases where the structures housing program are being used as dwellings (returnees) and are unit: deemed ineligible by the KSA to participate in the a. Allow APs to recover socialized housing salvageable materials program. without deduction from compensation. b. Food allowance of PhP150 per person per day or a food parcel of equal or greater amount (as determined by DPWH) for 3 days. c. Transportation assistance to new dwelling (including household belonging). d. Cash compensation to cover the cost of connecting utilities such as water and power. e. Transitional Allowance equivalent to 3-month rent of similar structure within the same area; and f. Resettlement assistance through Pag-IBIG low-cost and medium cost housing loan. (No identified eligible AP – subject to validation) Implementation Considerations: 1. The amount of transitional allowance and rental subsidy by locality will be determined by DPWH through the replacement cost study, prior to the displacement of APs. 2. Transportation assistance will be determined during updating of the RP and will be sufficient to move households and belongings of the APs to new location 3. APs will not be responsible for the demolition of structures. APs may be allowed to self- demolish their structures where safe to do so to enable them to preserve materials that still have salvage value. In such cases APs will be entitled to keep salvageable materials without deduction from compensation. 4. Non-viability of remaining portion of structure will be determined by DPWH and explained to the APs.

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Entitled Person Loss of income/Livelihood 3a APs who own fixed micro Entitlements: businesses22 (e.g. small shops, sari- Cash compensation for income losses during sari store, carinderia, food stand, transition period corresponding to stoppage of repair shop, etc.) with or without business activities, not to exceed three months.23 permits from the LGU concerned. Assistance in securing soft loan to enable self- rehabilitation for those restarting business (2 Micro Business Owners) elsewhere. Provision of skills training in anticipation of available job positions during construction and operation of the project. Transportation allowance to new location. For APs who are leasing space: For those who will continue with their micro-small business activities elsewhere, rental subsidy for three (3) months based on prevailing average monthly rental for a similar structure of equal type and dimension to the property being leased. Not applicable to lease contracts that will expire at the time of taking. 3b APs who own small, medium, and Entitlements: large business24 establishments, Cash compensation for income losses during (commercial, industrial, agricultural, transition period corresponding to stoppage of institutional) business activities, not to exceed three months. (2 Small and Medium Business Transportation allowance to new location. Owners) For APs who are leasing affected space/property: Same as 3a

For APs who are owners of medium to large commercial establishments built inside own affected property: Acquire the property but allow the owner of the structure and business use of the land for a defined period to give the owner time to transfer, subject to agreement on a case to case basis;

For APs who are owners of commercial/business entities and are leasing affected space/property: For those who will continue with their commercial and business activities elsewhere, rental subsidy for three (3) months based on prevailing average monthly rental for a similar structure of equal type and dimension to the property being leased. Not applicable to lease contracts that will expire at the time of taking.

Implementation Considerations: Income losses as based on evidence such as tax receipts or otherwise as per estimated values of monthly income losses for various categories of microbusinesses to be determined during validation.

22 Businesses with up to Php 3,000,000 capitalization and 1-9 employees as defined under Small and Medium Enterprise Development Council Resolution No. 01 Series of 2003 dated 16 January 2003 23 Transitional Allowance referred to in DPWH DO 327 series of 2003, Annex A: Guidelines for Qualifications of PAPs, Entitlements and Compensation, as appended in DRAM 2017. Preferred mode of business transition is to help set up affected persons with an alternative but similar business with minimal transition period. Options have to be considered by the APs with no delay. 24 Businesses with Php 3,000,001-Php 15,000,000 capitalization and 10-99 employees as defined under Small and Medium Enterprise Development Council Resolution No. 01 Series of 2003 dated 16 January 2003

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Entitled Person Loss of income/Livelihood 3c APs who are employed in a displaced Entitlements: commercial establishment and lose a. Cash compensation for net salary of two (2) their job due to closure of business or months based on actual salary. For PAPs laying off as a result of minimized whose income is below or within the operation. minimum wage, cash compensation for 4 (5 Employees of Affected Business) months based on prevailing minimum wage25 b. Participation in the Livelihood Restoration and Improvement Program. c. Provision of skills training in anticipation of available job positions during construction and operation of the project. d. Training allowance e. Priority in employment during construction and operation stage of the project

3d APs who permanently relocate to a Entitlements: place that makes former wage-based livelihood opportunities inaccessible a. Cash compensation for net salary of two (2) and as a result need to find new months based on actual salary. For PAPs employment or source of livelihood. whose income is below or within the minimum (No identified eligible AP – subject to wage, cash compensation for 4 months based validation) on prevailing minimum wage27 b. Participation in the Livelihood Restoration and Improvement Program. c. Provision of skills training in anticipation of available job positions during construction and operation of the project. d. Training allowance e. Priority in employment during construction and operation stage of the project

3e APs who relocate to a place that Commuting allowance of an amount based on makes it more expensive to commute additional costs, but not exceeding PhP 5,000 per to their place of work and they retain household per month for three months (not entitled their employment. to 3e or 3f).28

Entitled Person Loss of Public Land and Structure (Severe/Full) 4a Government Agency/ Local Entitlements: Government Unit (LGU) owners of Government to government arrangement for loss of affected public structures land (No identified LGU or NGA with Cash compensation for loss of structure equivalent affected land/structure) to full replacement cost without deduction for depreciation Transportation allowance to be provided

25Inclusive of payment of daily wage equivalent to the number of days the trainees need to be absent from work in order to attend training (during training) equivalent to the prevailing minimum wage in the area shall be provided to PAPs who are attending the training

27Inclusive of payment of daily wage equivalent to the number of days the trainees need to be absent from work in order to attend training (during training) equivalent to the prevailing minimum wage in the area shall be provided to PAPs who are attending the training 28 Commuting allowance will be provided only upon transfer to off-city permanent relocation site.

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Entitled Person Loss of Non-Land Assets and Improvements 5a Owners of fruit and timber trees Entitlements: (regardless of ownership status of Compensation for timber and fruit-bearing trees at affected land). current market values as prescribed by the (8 APs owning compensable trees) Department of Environment and Natural Resources (DENR) and the Department of Agriculture (DA), respectively. 5b Owners of other immovable affected Entitlements: non-land assets and improvements Compensation at replacement cost for affected (1 AP) immoveable non-land assets and improvements. Implementation Considerations: • Determination of replacement cost of trees will take into account age and productivity of the tree. • Compensation rates determined by the replacement cost study and informed by values prescribed by the Department of Agriculture (DA) (for fruit trees) or DENR for timber trees.

Entitled Person Additional Hardship Due to Vulnerability 6 APs who are classified as any of the Entitlements: following vulnerable groups: poor In addition to applicable compensation: (based on the poverty income Inconvenience allowance equivalent to PhP10,000 threshold), elderly and solo parent- per household headed households, and persons with Rehabilitation assistance in the form of vocational disabilities. training and other development activities in (9 Vulnerable Households) coordination with other government agencies. Support and/or maintain access to government welfare programs. Inclusion in the LRIP.

Entitled Person Temporary Impacts due to Construction 7a APs who have legal rights to the land. Entitlements: (Not yet identified) Restoration of land within 3 months of completion of 7b APs without legal rights to affected use. land but owners of affected non-land Compensation for affected non-land assets at full assets. replacement cost commensurate with rates set out (Not yet identified) in the resettlement plan. Cash payment for rent of the affected land at prevailing rental rates in the location of the property until the property is restored. 7c Severance impacts and/or barrier The project will provide for crossings and continued effect during construction disrupting access. lateral movement (access) or access In the event that construction works completely to property. block access (without alternative access) to a (Not yet identified) business then compensation for lost income for the period of disrupted access will be provided.

Entitled Person Unanticipated Involuntary Resettlement Impacts 8 Eligible affected persons. Entitlements: (Not yet identified) Entitlements will be prepared in accordance with ADB Safeguard Policy Statement (2009) and applicable national laws and regulations (including requirements for preparation of corrective action plan and other related documents for ADB to review and approve, and the Environmental Management Plan (EMP) of the approved Environmental Impact Statement (EIS).

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Entitled Person Unanticipated Involuntary Resettlement Impacts In the event that the residual community will lose access due to the project, DPWH shall either maintain access or acquire the remaining land.

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VIII. RELOCATION OF HOUSING AND SETTLEMENTS

289. Since the project will be affecting both landowners and non-landowners, relocation and resettlement assistance must be provided to maintain their status, if not improved. Landowners are defined as the people who have the legal rights over the affected land while non-landowners include renters, rent-free occupants, and sharers.

290. Based on the data gathered from the household listing, there are eight households in Barangay Tañong which will be needing resettlement assistance since they will be displaced from their residences.

Table 28: Number of Affected Households Household Vulnerable HH Barangay Total HH HH Members Landowner Non-Landowner (for Relocation) Calumpang 0 0 0 0 0 Jesus Dela Peña 0 0 0 0 0 Tañong 5 3 8 29 5 Total 5 3 8 29 5

8.1. Resettlement Assistance for Landowners

291. It is expected that the compensation for land and structure will suffice to acquire replacement property of the same value as to those that will be acquired by the government from them. During the consultation meetings and focus group discussion (FGD), landowners expressed their preference to resettle within Marikina City and other areas in the Province of Rizal, however they also expressed difficulty in finding replacement property within these areas.

292. To accommodate the preference of the APs, the DPWH will be coordinating with the concerned LGUs to find a list of possible residential properties which are still available in the market. The list of properties will be provided to APs during the implementation stage.

293. AP has the option to pay the replacement property in full using the compensation they received for their affected property, or to apply for a loan in case they prefer bigger or better property. In this case, the DPWH will assist them in applying for a housing loan under the HDMF’s Pag-Ibig Program. The compensation from the land and structure can be used as equity and the remaining balance will be paid by the AP for several years.

8.2. Resettlement Assistance for Non-landowners

294. Out of eight (8) households that will be displaced by the project, only three (3) are non- landowners, two of which are renters while the other one is yet to be determined because the AH refused the interview. One of the renters with only one household member uses the structure as a secondary residence due to proximity to their livelihood, while the other renter uses the structure as primary residence.

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295. The primary reason of both renters in establishing residence on current location is proximity to livelihood. Hence, it is not recommended to provide socialized housing to the APs if the location of said housing will be outside Marikina, otherwise, these APs will most likely rent another structure within Marikina so they may continue with their current livelihood. Given the current condition and profile of the non-landowner households, it is recommended to help them find alternative rental space where they can quickly resettle and rehabilitate themselves as soon as possible.

Table 29: Summary of Applicable Resettlement Strategies Resettlement Strategies Tenurial Status of Find Replacement Find Alternative Total Household Move Back Property Rental Space Landowner 4 1 0 5 Non-Landowner 0 0 3 3 Total 4 1 3 8

296. Out of the five landowner households, only one has marginally affected land which means that they can rebuild their severely affected structure on the remaining portion of their property. All other four (4) households need to look for a replacement property upon their option since their land is severely affected.

297. If DPWH and the LGU of Marikina will be able to identify an in-city site for socialized housing, it is highly encouraged to let all qualified non-landowner households’ avail of socialized housing to improve their living condition from before the project. DPWH shall also request the local government of Marikina City and/or the key shelter agencies under the Department of Human Settlements and Urban Development (DHSUD) on their available housing inventories where APs can be accommodated/absorbed into the existing housing programs/projects. While finalizing the resettlement arrangement of the APs who are considered Informal Settler Families (ISFs), DPWH shall provide rental subsidy to APs until these APs/ISFs transfer to their permanent housing. DPWH shall also assist interested APs in availing of economic and medium housing program under the HDMF or Pag IBIG Fund.

298. All households will be provided with lifters, movers, and medical care assistants. All personnel involved in the relocation must undergo and pass health examination to ensure safety and protection of all households.

299. Other Relocation Assistance to:

a. Vulnerable Groups b. Special APs c. Relocation Plan for the Community Facility

88 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

IX. INCOME RESTORATION AND REHABILITATION

300. In the case of economically displaced persons, regardless of whether they are physically displaced, the DPWH will promptly compensate for the loss of income or livelihood sources at full replacement cost. The DPWH will also provide assistance such as credit facilities, training, and employment opportunities, when necessary so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-project condition. The UPMO-BMC will prepare the AP specific plan with details on income restoration activities at such appropriate time to enable the APs to initiate restoration of their income in line with the construction schedule.

9.1. Impact on Livelihood and Income Sources

301. To fully understand the extent of livelihood restoration, table below shows the anticipated impacts on livelihood and related losses based on the nature of the AP’s income sources.

Table 30: Impact on Income Sources and Livelihood

Employment/Occupation Business/Enterprise

Types of APs with Income Total

Sources

Permanently Displaced Temporarily Displaced NotAffected Permanently Affected Temporarily Disrupted NotAffected Household Income Earners 0 0 14 0 0 1 15 Business Owners 0 0 0 0 4 0 4 Employees of Businesses 0 5 0 0 0 0 5 Total 0 5 14 0 4 1 24

302. Income sources of affected households are not expected to be affected temporarily nor permanently since no livelihood is activity carried out within the project right-of-way that requires physical space. Household members working within their residence are engaged in online jobs and other work from home arrangement hence they can continue their work without disruption. Other income sources of household members are located outside the project area where they can continually work upon displacement.

303. All businesses are severely affected but remaining land area is still viable for continued economic use. APs expressed their preference to restore their business and assistance in finding alternative location if needed. Two apartment businesses can be restored in the remaining area upon removal of the current structure. The area will be smaller than before, but the structure can be improved from its current condition upon re-construction. The function hall of the events place will be affected but the remaining area can still be used to build a smaller events place. It can be improved by updating the design and aesthetics to offset the reduced capacity. In connection to this, the five employees of the events place may keep their current jobs upon restoration of the events place. However, they may temporarily lose income during transition. During this period, UPMO-BMC may offer employment opportunity to all five employees since all of them have skills in construction.

89 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

304. The affected non-landowner company whose several structures are affected will experience temporary disruption in operation until the affected structures are replaced or restored within the remaining land area. In this case, DPWH may allow time for the company to build similar structures as those affected prior to removing the current structures. This way, income loss and disturbance on business operation will be minimized.

305. Non-landowner APs losing business structure will be compensated for the structure loss and receive transitional assistance as well. The DPWH will ensure that no physical displacement or economic displacement will occur until:

(i) compensation at full replacement will be paid to each displaced person. (ii) other entitlements listed in the resettlement plan have been provided to displaced persons (with the exception of livelihood rehabilitation program); and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help displaced persons improve, or at least restore, their incomes and livelihoods.

306. The entitlement proposed for the project has adequate provisions for restoration and rehabilitation of affected livelihood. To restore and enhance the economic conditions of the APs, certain income restoration strategies are shown below.

Table 31: Livelihood Restoration Strategy Transitional Rebuild Same Income Loss Same Livelihood Employment Business Compensation Type of AP with Livelihood (Not affected (Project (Remaining (During by project) Construction) Area) Transition) Household Income Earners 0 15 0 0 Business Owners 0 0 4 4 Employees of Businesses 5 5 0 0 Total 5 20 4 4

307. Aside from the livelihood restoration strategy, additional assistance will be provided to APs giving them opportunity to improve their pre-project condition. Providing employment to the APs during the construction phase will enable them to benefit from the project while skills training will improve their capacity to restore and manage their business, or to increase their chances to be employed somewhere else. Table below shows additional livelihood assistance and eligible APs.

Table 32: Additional Livelihood Assistance Skills Training Priority in Project Type of AP with Livelihood (Rehabilitation Assistance) Employment Vulnerable Households 9 5 Business Owners 4 0 Employees of Businesses 5 5 Total 18 10

90 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

308. Among specific rehabilitation measures, capacity buildings of vulnerable households, business owners and employees of affected business will be carried out by the project implementing agency. UPMO-BMC in coordination with the LGU PESO will identify the eligible and most suitable candidate from the vulnerable household and family of business owner through training needs assessment. Similarly, they will be given preference in availing employment opportunities in project construction work. Budget for training in terms of assistance is provided to APs losing livelihoods and the DPWH UPMO will either organize training programs by employing appropriate resource persons or link the APs to various ongoing training schemes. Based on the socio-economic survey, the preferred training skills of APs area as follows:

Table 33: Preferred Skills Training Based on Socio-Economic Survey Preferred Skills Training Households Business Business/Finance related 1 1 Food Preparation/Technology 2 0 Automotive related 2 0 Computer related 1 0 Sales related 1 0 Construction Related 0 1 Total (Multiple Response) 7 2

309. To ensure that this plan will be implemented, activities and corresponding responsible agencies are indicated below.

Table 34: Livelihood Restoration Activities and Responsible Agency Step Responsible Indicative Timing/ Activity Agency Schedule Validation of impact on livelihood through one-on-one UPMO-BMC, Prior to approval of consultation with household income earners, business LGU Final RP 1 owners, employees of affected business, and vulnerable groups and their preferences for restoration Creation of database of all APs losing income, livelihood, UPMO-BMC Prior to approval of 2 or business Final RP Inclusion in the bidding documents to prioritize affected UPMO-BMC Preparation of 3 persons in project construction employment bidding documents Establish and maintain linkages with training institutions UPMO-BMC Prior to approval of 4 for training of the eligible APs to qualify for desired job final RP positions. Provide a community-based package of assistance that DOLE Immediately after 5 offers emergency employment for displaced workers displacement TESDA After validation, Provide trainers per request from PESO and national 6 prior to certificates to APs who have completed the program displacement Provide livelihood programs and services through its DTI Immediately after 7 Pondo sa Pagbabago at Pag-asenso (P3) Program or displacement other livelihood programs to economically displaced APs. Monitor the number of APs assisted/served by DTI, DOLE ESSD During and after 8 and TESDA implementation

310. The estimated cost needed to restore and rehabilitate affected livelihood and income sources is PhP 567,000.

Table 35: Cost Estimate for Skills Training

91 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Budget Item Activity Unit Quantity Unit Price Total Amount (PhP) Vocational/ Entrepreneurial/ Other training courses 1. Member of Vulnerable Households Person 9 15,000 135,000.00 2. Business Owner or their Household Person 4 15,000 60,000.00 Member 3. Employees of Affected Business Person 5 15,000 75,000.00 TOTAL 18 15000 270,000.00 Contingency budget of 10% 27,000.00 GRAND TOTAL 567,000.00

92 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

X. RIPP BUDGET

311. This chapter presents the budget needed for land acquisition, resettlement, and livelihood restoration.

312. The budget in this version of the RP is based on values prepared by a licensed appraiser during RAP preparation which is considered to be a sound basis for the budget estimate.

313. Final appraisal of affected properties to assess compensation rates for land, structures, trees and crops is to be conducted by IPA/GFI. The result of this appraisal becomes the basis of the amount compensation to be applied in the updated RP.

314. The RAP budget will be updated and finalized during the implementation of this RAP following assessment of the documentary requirements submitted by the APs and reports from the independent property appraiser. DPWH as the implementing agency shall provide fund allocation for the implementation of this RAP.

10.1. Summary of Estimated RAP Implementation Cost

315. The estimated cost for implementing the RP for Bridge 1 is 1,224,026,212.36. Details of this cost estimate is summarized in the table below.

Table 36. Summary of Estimated RAP Implementation Cost

QUANITY/ BUDGET ITEM UNIT OF MEASURE UNIT COST TOTAL AMOUNT DIMENSION

A. Land (28 APs, 47 Lot Parcels)

1 Residential Land m2 67,096.90 Variable 851,197,487.00

2 Commercial Land m2 1,347.03 Variable 32,409,931.00

3 Industrial Land m2 220.05 Variable 3,674,835.00 Others (i.e., public land, 4 m2 19,858.20 N/A - road, etc) Subtotal (A) 88,522.18 887,282,253.00

B. Other Costs Associated with Land Acquisition

1 Capital Gains Tax (6%) Cost 887,282,253 0.06 53,236,935.18 Documentary Stamp Tax 2 Cost 887,282,253 0.015 13,309,233.80 (1.5%) 3 Transfer Tax (0.50%) Cost 887,282,253 0.005 4,436,411.27

4 Registration of Deeds 16,211.71

5 Mailing Cost 2,800.00

Subtotal (B) N/A 71,001,591.95

C. Structures (19 Structures Owners, 49 Structures)

1 Main Structure Whole Count 14 N/A 39,848,432.48

2 Associated Structure Whole Count 35 N/A 13,831,623.57

Subtotal (C) 49 53,680,056.05

D. Trees (8 APs, 514 Trees)

1 Fruit Bearing Trees Whole Count 60 Variable 210,835.00

2 Timber Trees Whole Count 7 Variable 24,494.91

3 Other Trees Whole Count 447 Variable 85,000.00

93 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

QUANITY/ BUDGET ITEM UNIT OF MEASURE UNIT COST TOTAL AMOUNT DIMENSION

Subtotal (D) 514 320,329.91

E. Socialized Housing for Non-Landowners (Provisional Sum) Non-Landowner 1 Household 3.00 580,000 1,740,000.00 Households Subtotal (E) 2.00 1,740,000.00

F. Other Relocation Assistance

1 Rental Subsidy Household 8 3,000 576,000.00 Inconvenience Allowance 2 Household 5 10,000 50,000.00 for Landowners Transportation 3 Household 8 10,000 80,000.00 Assistance Transitional Allowance 4 Household 3 3,000 27,000.00 for Renters Salary of ifters, movers 5 and medical care Person 24 Variable 13,612.73 providers Subtotal (F) N/A 746,612.73

G. Livelihood Restoration and Rehabilitation Cash Compensation for 1 Business 4.00 7,000 84,000.00 Income Loss Transportation 2 Business 4.00 10,000 40,000.00 Assistance Skills Training 3 (Vulnerable, Business, Person 18.00 15,000 270,000.00 Employees) Subtotal (G) N/A 394,000.00

H. Cost of RP Implementation

1 Cost to Operate GRM 3,557,000.00 Cost for Monitoring and 2 1,300,000.00 Reporting Subtotal (G) 4,857,000.00

TOTAL (A+B+C+D+E+F+G+H) 1,020,021,843.64

I. Contingencies and Other Cost

1 Administrative Cost (10% of Total A+B+C+D+E+F+G+H) 102,002,184.36

2 29Contingency (10% of Total A+B+C+D+E+F+G+H) 102,002,184.36

GRAND TOTAL 1,224,026,212.36 Note: Price escalation is not considered

10.2. Cost Estimates for Affected Assets

316. Cost of Land Acquisition. Preliminary cost estimates for the ROW based on Current Market Value is Php 887,282,253.00 for a total affected area of 88,522.18 m2. Cost estimates is based on the anticipated project land take after consideration of the severity of impact. It must be noted that some severely affected properties are located within the highly urbanized areas of Marikina City where current market value of land is considerably high. The biggest portion of the affected properties are residential lands.

29 The cost of providing income loss compensation for affected employees amounting to PhP 236,280.00 will be charged under contingency budget pending resurvey and validation of DPWH.

94 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Table 37. Summary of Affected Lands and Costs Land Use Classification Land Area (m2) Current Market Value (PhP) Residential 67,096.90 851,197,487.00 Commercial 1,347.03 32,409,931.00 Industrial 220.05 3,674,835.00 Public Land (i.e., road, 19,858.20 - easement) Total 88,522.18 887,282,253.00

10.3. Cost Associated with Land Acquisition

317. Apart from the affected land, DPWH will also pay for the costs associated with land acquisition and land title registration which includes issuance of notices to landowners, cost for registration of deeds, payment of capital gains tax, documentary stamp tax and transfer tax. Table below shows the related expenses and the basis of cost.

Table 38. Associated Costs for Land Acquisition (Unit: PhP) Unit Cost QTY/ Total Cost Particular Cost Item (PhP) Amount (PhP) Issuance of Notice Registered mail 50 2830 1,400.00 of Taking Issuance of Letter Registered mail 50 2831 1,400.00 Offer Registration of Deeds32 344.93 4733 16,211.71 Transfer Tax34 (0.50% of selling price or market value whichever is (0.50%) 887,282,253 4,436,411.27 higher) Land Title Documentary Stamp Tax35 Registration (1.50% of selling price or market (1.50%) 887,282,253 13,309,233.80 value whichever is higher) Capital Gains Tax (6% of selling price or market value whichever is (6%) 887,282,253 53,236,935.18 higher)

Total 71,001,591.95

10.4. Replacement Cost Estimates for Structures and Improvements

318. The total replacement cost of the affected structure is estimated at Php 53,680,056.05.

Table 39. Estimated Cost for Structures Impact on Main Structure Associated Structure Total Total Cost Structure Count Cost Count Cost Count Severely Affected 11 39,211,572.17 31 12,024,508.23 42 51,236,080.40 Marginally Affected 3 636,860.31 4 1,807,115.34 7 2,443,975.65

30 Based on the number of landowners in RCS summaries including lot parcels without registered owner 31 Based on the number of landowners in RCS summaries including lot parcels without registered owner 32 Per deed/instrument processed for registration, including but not limited to supporting documents that are indispensable to the registration of the main document. Source: LRA website 33 Based on the number of parcels (excluding that of public land) 34 Section 135 of R.A.7160, Local Government Code 35 The 1.5% rate is based on the Documentary Stamps Tax fractional rate of Php15 per P1,000 taxable amount or P15/1,000.

95 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Total 14 39,848,432.48 35 13,831,623.57 49 53,680,056.05

10.5. Cost Estimates for Crops and Trees

319. The total value of compensable fruit bearing trees, timber trees, and other trees is estimated at Php 320,329.92. For details on cost of affected trees, refer to Appendix Volume 3, Replacement Cost Study of Affected Trees.

Table 40: Estimated Cost of Compensable Trees Number Cost of Compensable Trees (PhP) Barangay of Trees Fruit Tree Timber Tree Other Trees Total Calumpang 9 36,550.00 721.90 - 37,271.90 Jesus Dela Peña 447 66,000.00 14,934.28 70,000.00 150,934.28 Tañong 58 108,285.00 8,838.73 15,000.00 132,123.73 Total 514 210,835.00 24,494.92 85,000.00 320,329.91 Number of Trees 60 7 447 514

Cost Estimate for Resettlement Site Development

320. This budget is a provisional sum in case the LGU or KSA has existing in-city resettlement site for non-landowners. The calculated cost for the development of socialized housing is Php580,000 per unit per household based on the price ceiling for subdivision type socialized housing in NCR and selected areas in Region IVA, following the price ceiling stipulated in HUDCC’s (now DHSUD) MC 01-201836. The number of beneficiaries is based on the number of non-landowner household without consideration for other eligibility specified in Section 16 of RA 7279. Eligibility will be assessed by DPWH and RIC or LIAC during validation based on the provisions of this RP.

Table 41: Cost of Resettlement Site Development Barangays No. of Beneficiaries Development Cost (Php) Total Amount (Php) Calumpang 0 580,000.00 0.00 Jesus Dela Peña 0 580,000.00 0.00 Tañong 3 580,000.00 1,740,000.00 Total 3 - 1,740,000.00

10.6. Cost of Relocation Assistance

10.6.1. Inconvenience Allowance

321. Based on Annex B: Guidelines for Qualifications of PAPs, Entitlements and Compensation of DPWH D.O. 327 series of 2003 as appended on the DRAM, displaced household landowners are entitled to inconvenience allowance equivalent to Php10,000 per household. Out of 28 landowners, only five (5) lives within the affected area.

Table 42: Cost of Inconvenience Allowance for Severely Affected Landowner Household

36 Memorandum Circular 01-2018, Price Ceiling for socialized housing units

96 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

Barangays No. of Beneficiaries Unit Cost (Php) Frequency Total Amount (Php) Calumpang 0 10,000.00 1 0.00 Jesus Dela Peña 0 10,000.00 1 0.00 Tañong 5 10,000.00 1 50,000.00 Total 15 - - 50,000.00

10.6.2. Rental Subsidy

322. Rental subsidy will be provided for three months if the PAPs prefer self-relocation. For non-landowner PAPs who will opt for assisted resettlement, rental subsidy will be provided upon displacement until the resettlement site becomes available. Hence for budgetary purposes, the estimated duration of subsidy is set at 24 months, while the amount is set at Php3,000 per month, based on prevailing rental cost declared by the PAPs. Actual subsidy cost will be determined by DPWH during the implementation stage based on prevailing rental cost of comparable structure. Actual duration of rental subsidy will depend on the preferred resettlement assistance of PAPs and availability of the resettlement site.

Table 43. Rental Subsidy Number of Barangay Duration Unit Cost Total Household Tañong 8 24 3,000.00 576,000.00

10.6.3. Transportation Assistance

323. Relocating PAPs will be provided with transportation (trucks) or transportation allowance for hiring cars and trucks to transport household belongings. The amount is calculated based on an estimate Php10,000 per household. Prevailing cost of renting 10-wheel wing van from a transport app service at a distance of 30 kilometers is Php9,46537.

Table 44: Cost of Transportation Assistance Barangays No. of Beneficiaries Unit Cost (Php) Total Amount (Php) Landowners 5 10,000.00 50,000.00 Non-Landowners 3 10,000.00 30,000.00 Total 8 - 80,000.00

10.6.4. Transitional Allowance for Affected Households

324. Tenants of affected structures who will have to find a new place are entitled to transitional allowance equivalent to three months rent of a similar structure within the same area. Based on the result of socio-economic survey, the average rental rate for structure of affected households is PhP3,000. APs will be assisted to find rental space of similar structures and rate so they will be able to sustain the monthly cost as they did prior to the project.

Table 45: Estimated Cost of Transitional Allowance for Households

37 Get Price: https://www.transportify.com.ph/price- wizard/?pid=SEO_Blog&c=Goldlist&af_adset=Lipat%20Bahay%20Truck%20for%20Rent%20Services%20App&af_ad=Blog_CTA &is_retargeting=true&af_dp=transportify%3A%2F%2Fhome&af_web_dp=https%3A%2F%2Fwebapp.transportify.com.ph%2F%3 Farea_id%3D5&af_click_lookback=15&af_reengagement_window=30

97 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

No. of Monthly Rental Duration Total Amount Barangays Beneficiaries Fee (Php) (Month) (Php) Calumpang 0 3,000.00 3 0.00 Jesus Dela Peña 0 3,000.00 3 0.00 Tañong 3 3,000.00 3 27,000.00 Total 3 - - 27,000.00

10.6.5. Lifters, Movers and Medical Care Provider During Relocation

325. All households will be provided with lifters/movers and a medical care giver including those with vulnerable members. The cost is based on minimum daily wage for lifters/movers and daily rate for a professional care giver based on minimum monthly rate of a registered nurse divided by 22 days. A total of three persons, including the medical care giver, will be assisting the displaced households during relocation.

Table 46: Cost for Lifers, Movers and Medical Care Providers No. of No. of HHs to be Daily Rate of Relocation Assistance Total Staff Assisted Assistants Lifters/Movers 2 8 537.00 8,592.00 Medical Care Provider 1 8 627.59 5,020.73 Total 13,612.73

10.7. Livelihood Assistance

10.7.1. Transitional Allowance for Affected Businesses

326. APs with fixed micro, small, and medium sized business are entitled to a cash compensation for income losses during the transition period of not more than one month. The amount used for this budget is based on the declared average monthly income of businesses for a duration of three (3) months. Note that only one AP disclosed monthly income from business hence the unit cost below may not reflect the actual income of each AP.

Table 47: Transitional Allowance for Micro-Business Average Monthly Duration Total Amount Barangays Business Income (PhP) (Month) (PhP) Calumpang 7,000.00 1 3 21,000.00 Jesus Dela Peña 7,000.00 1 3 21,000.00 Tañong 7,000.00 2 3 42,000.00 Total - 4 - 84,000.00

10.7.2. Transportation Assistance for Affected Business/Enterprise

327. The four business owners will be provided with transportation allowance to relocate all movable business assets. Transportation cost is estimated at Php10,000 per AP considering that they will require truck to transport all their belongings. Total is Php40,000.00.

98 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

10.8. Cost of Resettlement Plan Implementation

10.8.1. Cost to Operate Grievance Redress Mechanism (GRM)

328. Timely acquisition of right-of-way is dependent on the completion of requirements for compensation by the APs. Hence, establishment of an in-house GRM team is necessary to assist APs as early as possible in completing the needed paper works and to respond to their questions and other grievances. Operation of a GRM team requires resources to efficiently carry out its function. Budget for training of GRM officers and other DPWH and LGU staff is also included. Table below shows the indicative expenses to establish and operate the GRM for three (3) years.

Table 48: Cost of Operating GRM in Five Years (2021-2025) Budget Item Unit Cost Number Frequency/Duration Total GRM Training 10000 5 3 150,000 Salary of GRM Staff 25,000 2 3638 1,800,000 Transportation Allowance of GRM Staff 5,000 2 36 360,000 Laptop 50,000 2 1 100,000 Cellphone 15,000 2 1 30,000 Mobile Load 1,000 2 36 72,000 Internet Connection 5,000 1 36 180,000 Tables 5,000 2 1 10,000 Chairs 500 10 1 5,000 Printer 15,000 2 1 30,000 Photocopy Machine 50,000 2 1 100,000 Recurring office supplies (ink, printer drum) 10,000 2 36 720,000 TOTAL 3,557,000

10.8.2. Cost for Monitoring and Reporting

329. An estimated amount of Php 100,000 a year is budgeted for the internal monitoring of RP implementation. This amount shall cover transportation allowance of the assigned staff in monitoring field activities, communication allowance, preparation and printing of reports, and representation allowance during meetings with partner agencies. The total budget for monitoring and evaluation in three years is Php 300,000.

330. For external monitoring, a lump sum amount of PhP1,000,000 is allocated to hire a third- party external monitoring agent (EMA).

10.9. Financing Plan

331. The cost of resettlement and land acquisition will be funded by the Government of the Philippines (GOP) through government appropriations. DPWH will be responsible for securing the required budget in a timely manner.

38 For 36 months or 3 years

99 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

XI. INSTITUTIONAL ARRANGEMENT

11.1. Institutional Capacity and Resource

332. The Department of Public Works and Highways (DPWH) is the main implementing agency of the government for the MM3PB project that is responsible for undertaking, ensuring, and coordinating the performance of the obligation of the Government of the Philippines (GOP) for this project.

11.1.1. DPWH Units and Offices Responsible for the Implementation of RP

333. Unified Project Management Office - Bridges Management Cluster (UPMO-BMC). UPMO-BMC is the office of DPWH that is directly responsible in implementing the project. In coordination with relevant government agencies, the UPMO shall manage and supervise the project, including resettlement activities and land acquisition. It shall ensure that funds for the timely implementation of the RP are available and that expenses are properly accounted for. In addition, the UPMO-BMC shall perform the following tasks:

(i) Submit RP budget plans (to include compensation, relocation costs, operations) for approval and allocation of needed resources by the DPWH central office. (ii) Submit to URTF chairperson the inventory and status of ROW claims every month. (iii) Approve ROW Committee Resolutions, Deed of Sale, Voucher (for payment properties and court deposit) and sign Verification and Certification of Expropriation Complaints. (iv) Monitor the RAP implementation and fund disbursement. (v) Monitor payments to APs. (vi) Prepare reports on disbursements and payments made to APs and submit to UPMO ROW Task Force (URTF); and (vii) Safe keep ROW documents within their jurisdiction and prepare inventory of lots acquired for ROW and submit to the URTF and Records Management Division, HRAS, Central Office.

334. Under UPMO-BMC is the Right-of-Way (ROW) Committee that is responsible in all land acquisition related activities and shall perform the following specific functions:

(i) Oversee the staking-out, verification and validation of the APs’ assets. (ii) Conduct inventories of properties that will be affected. (iii) Address grievances filed at its office by the APs for speedy resolution. (iv) Review and endorse disbursement vouchers/payments for UPMO approval. (v) Submit Monthly Progress Reports to ESSD and UPMO. (vi) The ROW Committee will also be a member of the Resettlement Implementation Committee (RIC) and will actively participate in its functions.

335. Unified Project Management Office - Right-of-Way Task Force (URTF). DPWH DO 203, series of 2016 created the UPMO-URTF to streamline procedures for a more effective and expeditious implementation of urgent national roads, bridges and various flood control

100 Metro Manila 3 Priority Bridges (MM3PB) Project Draft Resettlement Plan for Bridge 1: Marcos Highway - St. Mary Bridge

projects being implemented by the UPMO which are hampered by the delay in the right- of-way acquisition.

(i) Composition of UPMO-ROW Task Force (URTF) and Technical Working Group (TWG) • Chairman – Undersecretary for UPMO Operations • Vice Chairman – Director, Legal Service • Members – UPMO Cluster Directors (ii) Functions of the UPMO-ROW Task Force • Organize ROW Team for each UPMO Cluster that will handle the ROW acquisition of its projects, to be headed by the Project Manager assigned to the project. • Monitor the ROW acquisition status and recommend appropriate actions to projects with problematic ROW • Execute and recommend appropriate resolutions pertaining to payment of ROW affected by various projects which are beyond the authority of the Project Directors, and • Review the validation of supporting documents undertaken by its TWG and recommend payments after evaluation as to proprietary of the claims. • Safe keep the URTF Resolutions including other ROW documents submitted by the UPMOs such as Deeds, Court Orders, Transfer Certificate Title and deliver the same to the National Archive.

336. Technical Working Group (TWG). The URTF shall be supported by a Technical Working Group (TWG) to be composed of representatives of the members of the URTF. The functions of the Technical Working Group are:

(i) Ensure that all relevant papers and documents in support of the ROW claims are carefully screened and verified as to their authenticity and genuineness in order to forestall fraud, pursuant to the provisions of the simplified Guidelines for Validation and Evaluation of ROW Claims. (ii) Ensure that the computation of land valuations and disturbance compensation (structure and other improvements) are based on the R.A. 10752 and IRR and other applicable laws, policies and department orders.

337. Environmental and Social Services Department (ESSD). The UPMO-BMC shall be assisted by the Environmental and Social Services Department (ESSD) of DPWH in providing technical guidance and support in the implementation of the RP. ESSD shall be responsible for the following activities:

(i) Review the RP; (ii) in accordance with the Department’s resettlement policies, guide the UPMO- BMC and its ROW Committee in the verification of APs, final inventory of affected assets, and information dissemination; (iii) amend or complement the RP in case problems are identified during the internal and/or external monitoring of its implementation; (iv) in collaboration with UPMO, monitor the actual payment of compensation to APs; and, (v) Prepare periodic supervision and monitoring reports on RP implementation for

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submission to the UPMO and ADB.

338. Resettlement Implementation Committee (RIC). The RIC shall be composed of representatives from the UPMO-BMC Technical Team, UPMO-BMC ROW Committee, representatives from city and barangay LGUs, and representatives of APs from landowner and business sector. Representatives of APs shall be chosen by the APs from among them. The function of RIC are as follows:

(i) Assist the DPWH staff engaged in resettlement and right-of-way activities to include: • Validation of master list of APs; • Validation of affected assets; and • Monitoring and implementing the resettlement plan; (ii) Assist the DPWH and staff engaged in the right-of-way and resettlement activities in the public information campaign, public participation and consultation. (iii) Assist DPWH in the payment of compensation to APs; (iv) Receive complaints and grievances from APs and other stakeholders and act accordingly; (v) Maintain a record of all public meetings, complaints, and actions taken to address complaints and grievances; and (vi) In coordination with concerned government authorities, assist in the enforcement of laws/ordinances regarding encroachment into the project site or Right-of -Way (ROW).

339. The RIC shall be formed through Memorandum of Understanding (MOU) between DPWH and the Local Government Unit of Marikina City.

340. Local inter-Agency Committee (LIAC). LIAC will be formed only when necessary. Considering the number of affected non-landowners for Bridge 1 who are renting from legal owners, the decision to form LIAC for this bridge will depend on the LGU of Marikina City. The role and composition of LIAC will also be defined by the LGU through an Executive Order (EO) to be issued by the local chief executive.

11.1.2. Implementing Partners

341. Department of Trade and Industry. The Department of Trade and Industry (DTI) will provide support to DPWH in the implementation of livelihood restoration measures as follows:

(i) Facilitate access to grants, government soft loan programs through accredited microfinance institutions (MFIs) or through the Small Business Corporation (SBC), and other forms of financial assistance including shared services facilities and equipment and other support for micro small and medium enterprises (MSMEs); (ii) In coordination with the DOLE, provide training and help create a network for establishing online businesses or other home-based enterprises for interested PAPs including homemakers, female household heads, Persons with Disability (PWDs), and the elderly; (iii) Include in annual budget the provision of livelihood start up support and capital outlay to APs; (iv) Assist and train APs and their cooperatives in marketing their products; and

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(v) Provide data and documents as may be needed by the EMA during project monitoring and evaluation.

342. Technical Education and Skills Development Authority (TESDA). TESDA is the government agency under the Department of Labor and Employment that formulates manpower and skills plans, sets appropriate skills standards and tests, and coordinates and monitors manpower policies and programs. Specifically, they are mandated to restructure efforts to promote and develop middle-level manpower. These powers, functions and expertise make them suitable to implement skills training for APs whose livelihood will be affected by the project. Their specific function with regards to MM3PB project are as follows:

(i) In coordination with RIC, facilitate training needs assessment with all APs; (ii) In coordination with DPWH, LGUs, DOLE, and the DTI, conduct series of skills training to APs; (iii) Facilitate provision of financial support to APs during training including food and transportation allowances; (iv) Partner with other institutions offering technical and skills development courses particularly in cases where needed trainings are not in its regular course offerings; (v) Offer scholarship or training vouchers to APs or their children in productive age; (vi) Assist APs in acquiring desired certifications (such as NCII); (vii) Allocate annual budget for the skills training and allowance of APs during training; and (viii) Provide data and documents as may be needed by the EMA during project monitoring and evaluation

11.1.3. Human Resources and Capacity

343. The implementation of this resettlement plan will be carried out by the following number of staff and personnel:

Table 49: Human Resources Dedicated to ROW Acquisition and Resettlement Office/Unit Management/ Land Acquisition and Resettlement Staff Total Supervision Office Staff Field Staff Office/Field A. Department of Public Works and Highways 1. UPMO-BMC 2. UPMO-BMC ROW Committee 3. URTF 4. TWG 5. ESSD B. Committees Created for the Project 1. RIC Marikina 1 0 0 7 8 C. Implementing Partners 1. DHSUD TBD TBD TBD TBD TBD 2. KSA TBD TBD TBD TBD TBD 3. DTI TBD TBD TBD TBD TBD 4. DOLE TBD TBD TBD TBD TBD TOTAL Note: TBD – to be determined during DED or when the MOA has been executed. RIC – number is based on representatives. Varying number is due to the affected barangays.

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11.2. Organizational Procedure for Delivering Compensation and Entitlements

344. Upon the execution of DAS between the DPWH and the AP, the Legal Service (LS) shall review the DAS.

345. Valid claims for all lands, structures and other improvements shall be paid in full in accordance with government rules and regulations. For negotiated sale, UPMO shall remit to the BIR the Capital Gains Tax (CGT), for the account of the owner, to be deducted from the Total Price or compensation indicated in the DAS. The UPMO shall remit to the LGU concerned any unpaid Real Property Taxes of the owner, to be deducted from the consideration or Total Price in the DAS. They shall also pay the Documentary Stamp Tax (DST) to the BIR, the Transfer Tax to the Provincial/City Treasurer, and the Registration Fees to the Register of Deeds, to be funded from appropriate funds of the UPMO outside the said compensation or Total Price in the DAS.

346. A separate instrument (Supplemental Entitlement Form39) will be prepared indicating compensation for other applicable entitlements that the AP will receive. This compensation may include inconvenience allowance, transportation assistance, transitional allowance, and rehabilitation assistance, among others.

347. The Financial Service in the Central Office (CO)/counterpart units in the RO/DEO shall monitor the releases and disbursement of resettlement funds made by UPMO.

348. UPMO shall properly liquidate all ROW acquisition and resettlement related disbursements and submit quarterly reports of payments made for all claims to the Undersecretary.

11.3. Implementation Process

349. DPWH may engage consultants in the preparation of Feasibility Study RP and in updating thereof during the Detailed Design stage. Upon the approval of the RP as indicated in the land acquisition process discussed in Chapter 6, DPWH along with RIC will conduct validation of the APs and their affected assets. The RIC will verify the submitted documents of APs regarding their affected assets and validate actual occupants and their responses during the census.

350. Validation of RIC will result to the final list of APs indicating the corresponding compensation or price offer for all their affected assets, as well as final master list of non- landowner occupants and their corresponding entitlement and assistance. RIC will validate the list of APs who claim ownership on structures but do not have legally recognized rights on the affected land, require the APs to submit the necessary proofs of ownership, and

39 Supplemental Entitlement Form is not yet existent in the current ROW acquisition and resettlement process of DPWH. Currently, there is no instrument that DPWH use to indicate the corresponding entitlement that a PAP may receive.

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coordinate with the landowner for the issuance of waiver on the proceeds of said improvements in favor of the non-landowner AP. Price offer to the landowner will be adjusted accordingly indicating that the landowner waived compensation for the affected structure thereon in favor of the non-landowner AP.

351. RIC will conduct social preparation activity for non-landowners if necessary while the selected KSA will develop the resettlement site (if there are affected ISFs). Similarly, the livelihood office of respective LGUs will look for possible sites where affected businesses can be relocated. Once all these activities have been undertaken and the APs are ready to be displaced, full compensation will be provided.

352. Before UPMO issues the Notice of Award for the construction contract, they must obtain at least a Permit to Enter (PTE) the ROW from the AP, or a notarized DAS executed in favor of the government, or a Writ of Possession (WOP) from the concerned court, as the case may be. In case of a large multi-year project, the Notice of Award may be immediately issued to cover the entire project, but the Notice to Proceed (NTP) may be issued by segment according to the phased implementation of the project with corresponding phased delivery of the required ROW. In such a case, the general practice is that each ROW phase should provide a land area free from obstructions with at least a PTE to enable the contractor to do at least six months of continuous construction.

353. UPMO will file all documents pertaining to the acquisition of ROW and shall effect the transfer of titles or other tenurial instruments in the name of the Republic of the Philippines within three months from the perfection of the DAS, or in the case of expropriation, from the date of full payment.

354. DEOs shall be responsible and accountable for the proper management of all ROW and ensure that encroachments, structures, and informal settlers are not allowed within the ROW limits. All District Engineers (DEs) through the RDs shall submit monthly reports of the status of ROW to the Undersecretary.

355. All utilities must be fully cleared from the ROW before the issuance of the Notice of Award for construction contract. If a utility company does not comply with the DPWH’s notification to relocate the utility within the specified time, UPMO shall clear the utility and bill the utility company accordingly. The relocation of electric cooperative lines, however, shall be governed by the Joint Circular of the Department of Energy (DOE) – DPWH dated July 2017.

356. The use of ROW for facilities and utilities shall be in accordance with DPWH guidelines and will be strictly enforced by the respective DEOs. UPMO shall prepare the final as-built ROW Plans upon completion of the project, for submission to the Undersecretary.

11.4. Capacity Building

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357. Current organizational set-up of DPWH shows that they need capacity enhancement to address grievances. A training will be conducted with the assigned GRM officers and DPWH representatives to the RIC and LIAC covering the following topics:

(i) Importance of Grievance Redress Mechanism (ii) ADB SPS 2009 and Accountability Mechanism (iii) Help Desk Operation and Database Management

358. The cost of conducting this training is included in this RP.

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XII. IMPLEMENTATION SCHEDULE

359. Implementation of RP mainly consists of acquisition of right-of-way which includes compensation to be paid for affected assets, rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled based on the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. The DPWH UPMO will ensure that no physical or economic displacement will occur until: (i) compensation at full replacement cost has been paid to each displaced person; (ii) other entitlements listed in the resettlement plan are provided to the displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by adequate budget, is in place to help displaced persons, improve, or at least restore, their incomes and livelihoods. The updated RP will be approved by government and concurred by ADB and disclosed prior to implementation. Public consultation, monitoring and grievance redress will be undertaken throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each project will only be awarded after all compensation and relocation has been completed for project and rehabilitation measures are in place.

360. The proposed project resettlement activities are divided into three broad categories based on the stages of work and process of implementation. These activities are divided into three phases - Project Preparation phase, RP Implementation phase, and Monitoring and Reporting period are discussed in the following paragraphs.

12.1. Project Preparation Phase

361. The major activities to be performed in this period include establishment of institutional arrangement with concerned LGUs and NGAs (i.e., TESDA, DOLE); preparation of RP and submission of RP for ADB concurrence; and establishment of GRM etc. The information campaign and community consultation will be a process initiated from this stage and will go on until the end of the project.

12.2. Implementation Phase

362. After the project preparation phase, the next stage is implementation of RP which includes validation of census and surveys, issuance of notices to title holder APs, payment of compensation, payment of other eligible assistance; relocation of APs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally starting civil work.

12.3. Monitoring and Reporting Phase

363. As mentioned earlier the monitoring will be the responsibility of DPWH UPMO and ESSD and will start early during the project when implementation of RP starts and will continue till the complementation of the project. Keeping in view the significant involuntary resettlement impacts, an external monitoring and reporting expert will be hired for the project.

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12.4. Implementation Schedule

364. A composite implementation schedule for resettlement activities in the project including various responsible office and timeline matching with civil work schedule is prepared and presented in Table 45. The sequence may change, or delays may occur due to circumstances beyond the control of the project implementer. Time can be adjusted accordingly for the implementation of the plan.

Table 50: RP Implementation Schedule

2021 2022 2023 2024 2025 RAP IMPLEMENTATION ACTIVITIES Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 A Project Preparation Phase 1 Preparation of RP 2 ADB Approval of Updated RP 3 MOA with NGAs (i.e., housing agency, TESDA, LGU) 4 Procurement of civil works 5 Establishment of GRM 6 Re-survey of affected Properties and Persons

B Implementation Phase B1 Land Acquisition 1 Validation of Census and Survey ` ` 2 Issuance of Notice of Taking 3 Validation of Proofs of Ownership 4 Procurement of GFI/IPA 5 Valiation of Appraisal by the GFI 6 Issuance of Letter Offer 7 Payment of Compensation and other Entitlements 8 Relocate houses, shops and businesses 9 Clearing of ROW B2 Income Restoration 1 Skills Training 2 Hiring for Construction Phase 3 Restoration of affected shops, businesses

C Construction 1 Issue Notice for Start of Civil Works 2 Start of Civil Works

D Monitoring Phase 1 Internal monitoring 2 Hiring of External Monitoring Agent 3 Frequency of Monitoring 4 Frequency of Consultation

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XIII. MONITORING AND REPORTING

365. The main objective of monitoring the implementation of the RP is to determine whether the resettlement and land acquisition are being carried out in accordance with the plan. It involves the monitoring of land acquisition, payment of compensation for lost assets and resettlement of persons severely affected by the project.

366. Types of Monitoring. There will be two types of monitoring under this RP: internal and external monitoring.

367. Internal Monitoring. The Environmental and Social Services Office (ESSD) under D.O. 58 of the DPWH shall conduct the supervision and in-house monitoring of implementation of this RP and will be alternately called the Internal Monitoring Agent (IMA). The tasks of the internal monitoring agent are:

(i) Regularly supervise and monitor the implementation of the RP in coordination with the concerned District Engineering Office (DEO), Regional Office (RO), and the Resettlement Implementation Committee (RIC). The findings will be documented in the quarterly report to be submitted to the UPMO, which in turn will submit the report to ADB; (ii) Verify that the validation of baseline information of all APs has been carried out and that the valuation of assets lost or damaged, the provision of compensation and other entitlements, and relocation, if any, has been carried out in accordance with this RP; (iii) Ensure that the RP are implemented as designed and planned; (iv) Verify that funds for implementing this RP are provided by the UPMO in a timely manner and in amounts sufficient for the purpose. (v) Record all grievances and their resolution and ensure that complaints are dealt with promptly.

368. Monthly internal monitoring will be conducted to be consolidated into quarterly monitoring report (QMR) for submission to ADB. QPRs are subject to review by ADB and posted on the ADB and project websites for disclosure purposes.

369. Compliance Report. DPWH will prepare a compliance and evaluation report upon completion of compensation disbursement and assistance with regards to any given section to be handed over for civil works. The report will include verification if the resettlement implementation is in compliance with the provisions defined in the approved DED RAP and verification if payments of compensation and other entitlements to APs were in accordance with the entitlement matrix and fully disbursed to APs. The report will be reviewed by ADB prior to clearance to the contractor for civil works commencement for each section.

370. External Monitoring. An External Monitoring Agent (EMA) will be commissioned by the UPMO to undertake independent external monitoring and evaluation. The EMA for the Project will be either a qualified individual or a consultancy firm with qualified and experienced staff. The Terms of Reference of the engagement of the EMA shall be prepared by the DPWH and shall be acceptable to ADB prior to the engagement. The tasks of the EMA are:

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(i) Verify results of internal monitoring; (ii) Verify and assess the results of the information campaign for APs rights and entitlements; (iii) Verify that the compensation process has been carried out with the procedures communicated with the APs during the consultations; (iv) Assess whether resettlement objectives have been met; specifically, whether livelihoods and living standards have been restored or enhanced; (v) Assess efficiency, effectiveness, impact and sustainability of resettlement implementation drawing lessons as a guide to future resettlement, policy making and planning; (vi) Ascertain whether the resettlement entitlements were appropriate to meet the objectives, and whether the objectives were suited to APs’ conditions; (vii) Suggest modification in the implementation procedures of the RP, if necessary, to achieve the principles and objectives of the Resettlement Policy; (viii) Review on how compensation rates were evaluated; and (ix) Review the handling of compliance and grievances cases.

371. Stages and Frequency of External Monitoring and Evaluation. The stages and monitoring frequency of the contract packages by the EMA are as follows:

372. Semi-Annual Monitoring. The EMA will be required to conduct a semi-annual monitoring of resettlement activities to determine whether the RP was carried out as planned and according to its policies. The EMA will submit an Inception Report one month after receipt of Notice to Proceed for the engagement and Compliance Monitoring Report every six months thereafter. The EMA will take note and report any implementation gaps, variation from target milestones, delays, and deviation from the provisions and resettlement policies of this RP.

373. Final Evaluation. Final evaluation of the implementation of the RP will be conducted three months after the completion of payments of compensation to APs. The report should include best practices that can be replicated in similar projects, key resettlement issues encountered and a summary of implementation gaps, variation from target milestones, delays, and deviation from the provisions and resettlement policies of this RP. In addition, the report should include resolutions undertaken to address the issues encountered and recommendation that can be adopted by DPWH and ADB for future projects.

374. Post Evaluation. This activity will be undertaken a year after the completion of the project, to determine whether the social and economic conditions of the APs after the implementation of the project have improved.

13.1. Monitoring Indicators

375. Monitoring indicators are set of data that provide information about an activity or project. It varies depending on the purpose of monitoring. For example, internal monitoring is carried out to monitor the actual progress of resettlement implementation while external monitoring intends to monitor compliance to the resettlement plan and to evaluate the resettlement outcome in comparison with the objectives and target results of the resettlement plan. Hence, monitoring indicators for IMA and EMA are different.

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376. Monitoring Indicators for IMA. As mentioned above, internal monitoring is carried out to measure progress of resettlement implementation against the target milestones. It also intends to keep the staff in check with the provisions of the resettlement plan, note delays and detect deviation from the plan early on before it becomes a compliance issue. Progress of resettlement activities will be monitored against the implementation schedule presented in Chapter 12, using performance indicators below.

Table 51: Suggested Internal Monitoring Indicators Monitoring Suggested indicators parameters • Consultations organized as scheduled including meetings, groups, and community activities. Consultation and • Knowledge of entitlements by the APs. Grievances • Use of the grievance redress mechanism by the APs. • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Number of general meetings for APs. • Percentage of women out of total participants. • Number of meetings exclusively with vulnerable groups. Communications • Number of meetings between hosts and the APs. and Participation • Level of AP participation in meetings. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages. • Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix. • Disbursements against timelines. • Identification of APs losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, have been included. • Timely disbursements of the agreed transport costs, income substitution support, and Delivery of any resettlement allowances, according to schedule. Entitlements • Quality of new plots and issuance of land titles. • Restoration of social infrastructure and services. • Progress on income and livelihood restoration activities being implemented as set out in the livelihood restoration plan. • Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business. • Social safeguards staff appointed and mobilized on schedule for field and office work. • Capacity building and training activities completed on schedule. • Achieving resettlement implementation activities against the agreed implementation plan. Budget and Time • Funds allocation for resettlement-to-resettlement agencies on time. Frame • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the social safeguards documents/plans. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation. • Number of APs under the rehabilitation programs. • Number of APs who received vocational training. • Types of training and number of participants in each program. • Number of APs who have restored their income and livelihood patterns. • Number of new employment activities. Livelihood • Extent of participation in rehabilitation programs. Restoration • Extent of participation in vocational training programs. • Degree of satisfaction with support received for livelihood programs. • Percentage of successful enterprises breaking even. • Percentage of APs who improved their income. • Percentage of APs who improved their standard of living.

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Monitoring Suggested indicators parameters • Number of households with agricultural equipment • Number of households with livestock • Progress of income restoration implementation • Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation. • Noticeable changes in income and expenditure patterns compared to the pre-project Benefit situation. Monitoring • Changes in cost of living compared to the pre-project situation. • Changes in key social and cultural parameters relating to living standards. • Changes occurred on vulnerable groups benefiting from the project. • Progress of resettlement implementation

13.2. Reporting and Disclosure

377. For internal monitoring, DPWH will provide details on RP implementation status. DPWH will generate the data for a full and consolidated QPR to be submitted to ADB which are subject to review by ADB and posted on the ADB and project websites for disclosure purposes.

378. DPWH through its implementing units shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RP including its updated versions, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the AHs and posted at a location commonly agreed with AHs and LGU leaders.

379. External monitoring reports including evaluation reports shall likewise be disclosed in ADB and DPWH websites.

13.2.1. Monitoring Indicators for EMA

380. Monitoring Indicators of EMA. In the preparation of semi-annual report, the EMA shall verify the progress in the implementation of resettlement plan indicated in the IMA monthly reports and QPRs. The EMA will highlight notable accomplishments and any deviation from the approved plan. Aside from this, the EMA shall also report compliance issues that will be observed and recommend appropriate action. Table below presents some possible indicators with basis for the indicators.

Table 52: Suggested External Monitoring Indicators Monitoring Indicators Basis for Indicators 1. Basic information • Location of AP/IP • Composition and structures, ages, education and skill levels households • Gender of household head • Ethnic affiliation

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Monitoring Indicators Basis for Indicators • Access to health, education, utilities and other social services • Housing type • Land use and other resource ownership patterns • Occupation and employment patterns • Income sources and levels • Agricultural production data (for rural households) • Participation in neighborhood or community groups • Access to cultural sites and events • Value of all assets forming entitlements and resettlement entitlements 2. Restoration of • Were house compensation payments made free of depreciation, fees or transfer living standards costs to the APs? • Have APs adopted the housing options developed? • Have perceptions of "community" been established? • Have APs achieved replacement of key social cultural elements? 3. Restoration of • Were compensation payments free of deduction for depreciation, fees or transfer Livelihoods costs to the APs? • Were compensation payments sufficient to replace lost assets? • Was sufficient replacement land available of suitable standard? • Did transfer and relocation payments cover these costs? • Did income substitution allow for re-establishment of enterprises and production? • Have enterprises affected received sufficient assistance to re-establish themselves? • Have vulnerable groups been provided income-earning opportunities? Are these effective and sustainable? • Do jobs provided restore pre-project income levels and living standards? 4. Levels of • How much do APs know about resettlement procedures and entitlements? Satisfaction • Do APs know their entitlements? • Do they know if these have been met? • How do APs assess the extent to which their own living standards and livelihood been restored? • How much do APs know about grievance procedures and conflict resolution procedures? How satisfied are those who have used said mechanisms? 5. Effectiveness of • Were the APs and their assets correctly enumerated? Resettlement • Were any land speculators assisted? Planning • Was the time frame and budget sufficient to meet objectives? • Were entitlements too generous? • Were vulnerable groups identified and assisted? • How did resettlement implementers deal with unforeseen problems? 6. Other impacts • Were there unintended environmental impacts? • Were there unintended impacts on employment or incomes?

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