Resettlement Plan
June 2021
Philippines: Sustainable Tourism Development Project
Coron
Prepared by Tourism Infrastructure and Enterprise Zone Authority for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 12 April 2021)
Currency unit – peso (PHP) PHP1.00 = $0.0206 $1.00 = PHP48.55
ABBREVIATIONS ADB - Asian Development Bank COI - corridor of impact DMS - detailed measurement survey EM - external monitor GRM - grievance redress mechanism PAP/P - project affected person/project affected household AH PIB - Project information booklet PMC - Project Management Consultants PRAP preliminary resettlement action plan RAP resettlement action plan RCS - replacement cost study ROW - right-of-way SES - Socio-economic survey SPS - Safeguard Policy Statement
WEIGHTS AND MEASURES ha - hectare km - kilometer m - meter m2 - square meter
NOTE In this report, "$" refers to United States dollars
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.
DEFINITION OF TERMS
Compensation - It is payment in cash or in-kind at replacement cost for an asset acquired by the Project. Cut-off date - This refers to the date prior to which the occupation or use of the project area (i.e., within the COI) makes residents/users of the project area eligible to be categorized as PAHs. Persons who occupy government land inside the ROW subsequent to the cut-off-date are not eligible for compensation and other entitlements. Detailed - With the aid of approved detailed engineering drawings, this activity involves Measurement updating the results of the IOL, severity of impacts, and list of PAPs that was Survey (DMS) done earlier during the preparation of the preliminary resettlement action plan (PRAP). Entitlements - This refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. that are provided to the PAPs/PAHs, depending on the type and severity of their losses, to restore their economic and social base. Land - Refers to the process whereby an PAP/PAH is compelled by the government acquisition through the project’s executing agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purpose in return for compensation at replacement cost. Project - Refers to any person or persons, household, firm, private or public institution Affected that, on account of changes resulting from the project, will have its (i) person (PAP) / standard of living adversely affected; (ii) right, title or interest in any house, Project land (including residential, commercial, agricultural, forest and/or grazing Affected land), water resources or any other moveable or fixed assets acquired, Household possessed, restricted or otherwise adversely affected, in full or in part, (PAH) permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement.
In the case of affected household (PAH), it includes all members residing
under one roof and operating as a single economic unit, who are adversely affected by the project or any of its components.
Rehabilitation - This refers to additional cash or in-kind support provided to PAPs/PAHs and income losing productive assets, incomes, employment or sources of living, to restoration supplement compensation for assets acquired by the project, in order to achieve full restoration of living standards and quality of life. Relocation - This is the physical transfer of an PAP/PAH from his/her pre-project place of residence and/or business. Replacement - The calculation of full replacement cost will be based on the following cost elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
Replacement - This involves the conduct of empirical research to determine the amount of Cost Study compensation needed for an PAP/PAH to be able to buy a replacement of an asset lost to the project and/or to recoup lost income.
Resettlement - This is a time-bound action plan with budget setting out resettlement Action Plan strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Significant - The involuntary resettlement impacts of an ADB-supported project are Project Impact 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) Vulnerable - These are distinct groups of people who might suffer disproportionately or groups face the risk of further marginalization due to displacement from assets and sources of incomes and they specifically include: (i) female headed households without support, (ii) disabled and/or elderly household heads, (iii) households falling under the generally accepted indicator for poverty, (v) landless households, (vi) indigenous people or ethnic groups, (vii) any other groups/individuals as per the national laws and regulations.
TABLE OF CONTENTS EXECUTIVE SUMMARY I. PROJECT DESCRIPTION ...... 1 A. General description of the project 1 B. Subproject Area 1 C. Expected project outputs 1 D. Civil Works to be Carried Out 1 E. Alternatives Considered to Avoid or Minimize Resettlement 3 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT...... 5 A. Projects Potential Impact 5 B. Scope of Land Acquisition 7 C. Summary of Affected Assets and Displaced Persons 8 D. Impact on Land 9 E. Impact on Primary Structures 10 F. Affected Secondary Structures 12 G. Affected Trees 12 H. Economic Displacement 12 I. Vulnerable Households 13 J. Temporary Impact 13 K. Unforeseen Impacts 14 III. SOCIOECONOMIC INFORMATION AND PROFILE OF PAHS ...... 14 A. Survey methodology 14 B. Demographic Information of the PAHs 14 C. Education attainment 15 D. Occupation and Income 16 E. Indigenous Peoples 17 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION...... 18 A. During PRAP Preparation 18 B. During RAP Update 19 C. During RAP Implementation 20 V. GRIEVANCE REDRESS MECHANISM ...... 21 A. Objective of the GRM 21 B. Grievance Redress Process 21 C. PMU Duties and Responsibilities 22 D. Grievance Register, Records and Documentation 22 VI. LEGAL FRAMEWORK ...... 23 A. Relevant Laws and Regulations of the Republic of the Philippines 23 B. ADB’s Safeguard Policy 24 C. Gap Analysis 24 D. Project Principles 12 VII. PROJECT ENTITLEMENTS ...... 13 VIII. RELOCATION OF HOUSING AND SETTLEMENTS ...... 30 IX. INCOME RESTORATION AND REHABILITATION ...... 33
X. RESETTLEMENT BUDGET AND FINANCING PLAN ...... 38 A. Source of Funds for Resettlement 38 B. Utilization of Loan Funds for Involuntary Resettlement. 38 C. Flow of Funds for Compensation and Cash Assistance 38 D. Implementation, Administration and Contingency Costs 38 E. Estimated Cost of Resettlement 38 XI. INSTITUTIONAL ARRANGEMENTS ...... 39 XII. LAND ACQUISITION AND RESETTLEMENT PLAN SCHEDULE ...... 42 XIII. MONITORING AND EVALUATION ...... 45 A. Internal Monitoring 45 B. External Monitoring 45 ANNEXES ...... 47 A. Annex A - Project sites 48 B. Annex B - Scope of Impact 64 C. Annex C - Consultation, participation and disclosure details 93 D. Annex D - Inventory of Losses and Socio-Economic Survey Form 112 E. Annex E - Details of GRM 120 F. Annex F - Policy and Legal Framework of Government of the Philippines 123 G. Annex G - Monitoring indicators 139 H. Annex H - Assessment on ADB financing of Involuntary Resettlement Costs 140 I. Annex I - Detailed compensation budget 147 J. Annex I - Project Design Framework 156
LIST OF FIGURES
Figure II-1: Anticipated Impact of Subproject in Central Coron Area 6 Figure II-2: Anticipated IR impact of Subproject in Tagumpay Area 6 Figure II-3: Anticipated IR impact of Subproject in Poblacion 6 7
LIST OF TABLES
Table I-1: Major Works for the Coron subproject 2 Table I-2: Measures to Minimize Land Acquisition and Resettlement Impact 4 Table II-1: Summary of LAR Impact Type under the Subproject 8 Table II-2: Permanent Acquisition of Land 9 Table II-3: Type of Land to be Permanently Acquired for the Project 10 Table II-4: Summary of Loss of Residential, Commercial and Secondary Structures 11 Table II-5: Ownership of Land and Structures 11 Table II-6: Summary of Impact on Secondary/Auxiliary Structures 12 Table II-7: Summary of Impact on Trees 12 Table II-8: Summary of Economic Impact 13 Table II-9: Summary of vulnerable households 13 Table III-1: SES Sample 15 Table III-2: Summary of Gender and Age of PAHHs 15 Table III-3: Summary of Gender and Age of PAPs 15 Table III-4: Summary of Education Attainment Level of PAHHs 16
Table III-5: Summary of Education Attainment Level of PAPs 16 Table III-6: Summary of Occupation of PAHHs 16 Table III-7: Summary of Occupation of PAPs 17 Table III-8: Summary of PAH monthly income per capita per month (PhP) 17 Table IV-1: Summary of Consultations 18 Table IV-2: Summary of Typical Discussion Points in One-to-one Consultations 19 Table VII-1: Preliminary Entitlement Matrix 14 Table VIII-1: Summary of Proposed Coron Relocation Sites 32 Table IX-1: Affected Households Eligible for LIRP 33 Table IX-2: LIRP Phases and Classifications 35 Table IX-3: Major Activities under LIRP Phases and Classifications 35 Table IX-4: Examples of Expected Jobs During the Construction of Project 36 Table IX-5: Proposed Content for Financial Literacy Seminar and Entrepreneurial Assessment 37 Table X-1: Summary of Compensation Budget 38 Table XII-1: RAP Finalization and Implementation Tentative Schedule 42
EXECUTIVE SUMMARY
1. The proposed project will assist the government of the Philippines to promote tourism development and transform Coron and El Nido into sustainable, inclusive, resilient and competitive tourism centers. It builds on the strength of the tourist destinations, particularly the pristine and rich natural resources, by sustainably managing and conserving natural capital, and improves on areas that would contribute to the industry's competitiveness.
A. Project Scope
2. The proposed Subproject will be located in (i) Coron, (ii) Tagumpay and (iii) tourism destination island of CYC Beach in Lajala, Kayangan Lake in Bauang-Daan, Siete Pecados in Tagumpay and Bintuan Coral Gardens in Bintuan. The proposed project outputs for Coron are divided into three components. These are:
• Component 1: Urban Services Infrastructure: 1) Urban Water Supply 2) Urban Sanitation (sewerage and septage management) for Coron and Tagumpay 3) Urban Drainage for Coron 4) TA on health services • Component 2: Ecosystem-based Tourism Site Management (4 sites) • Component 3: Enterprise and Skills Development
*Only component 1 will result in land acquisition and resettlement (LAR).
B. Scope of Impacts
3. The corridor of impact (COI) was defined and assets within COI, such as productive lands, primary and secondary structures, loss of land use, and other assets such as trees among others were measured. Georeferenced and gender disaggregated inventory of losses (IOL) data obtained information on the names and assets of the project affected households (PAHs) and project affected peoples (PAPs) within the COI.
• Summary of Affected Assets and Displaced Persons
4. The Subproject components cause involuntary resettlement (IR) impact on 36 PAHs/137 PAPs due to acquisition of 1.78 ha of privately owned land. Out of all PAHs, 24 (123 PAPs) are vulnerable and 28 PAHs (129 PAPs) are severely affected, of which 23 PAHs (123 PAPs) are to be relocated, 4 PAH (21 PAPs) is impacted by permanent loss of business, 1 PAH is affected due to loss of more than 10% of productive land and 5 PAHs (10 PAPs) due to permanent loss of rental income. 7 PAHs land and asset ownership status was not possible to confirm during IOL, out of which 5 PAHs claim to be legal owners but did not provide documents, and 2 PAHs ownership could not be established. Total of 15 PAHs have partial missing socio-economic to be verified during the detailed measurement survey (DMS) stage, however, all impacted assets were registered during IOL also for the PAHs with missing information. The summary of impacts – land, structures, trees, vulnerable PAHs, severely affected PAHs, and loss of livelihood - is presented below.
Summary of LAR Impact Type under the Subproject Impact Category Units PAH PAP A. Land A1. Residential land 602.98 m2 6 22 A2. Commercial land 200 m2 1 3 A3. Agricultural land 16,225 m2 3 n/a A4. Public land claimed as private residential land 792.21 m2 5 13 Sub-total (A) 17,820.19 m2 15 38 B. Structures B1. Primary Structures 24 structures 24 126 B2. Secondary structures 4 structures 4 3 Sub-total (B) 28 structures 26 129 C. Trees C1. Fruit trees 47 trees 6 18 C2. Timber/other trees 10 trees 6 15 Sub-Total (C) 57 trees 8 23 D. Vulnerable PAHs D. Vulnerable PAHs 24 123 E. Severely affected PAHs E1. Losing more than 10% of agricultural, productive or residential land 1 n/a E2. Relocated PAHs 23 123 E3. Loss of Business (Permanent) 4 21 E4. Loss of Rental Income (Permanent) 5 10 Sub-total (E) 28 129 F. Loss of livelihood F1. Loss of income (permanent) 4 21 F2. Loss of income (temporary) 1 3 F3. Loss of rental income 11 parcels 5 10 Sub-Total (F) 9 28 G1. PAHs with missing socio-economic or land information 15 Grand Total 36 137
• Temporary Impact
5. As the Works will be carried out within existing road right of way (ROW), public facilities such as existing roads of bituminous surface and walkways will be temporarily impacted during construction. Design of the water supply, wastewater and storm water networks includes improvement of roads and sidewalks along the alignments. Thus, these temporarily affected
public facilities will not just be restored but will be enhanced after construction as part of the Subproject design. This temporary impact also concern the movement and storage of construction equipment and materials, and any unanticipated impacts. Civil works contract and environmental management plan will require contractors to reinstate the ROW to its original pre-project condition after the installation of pipes and other structures is completed. These will be addressed during the Subproject implementation based on actual impacts and in accordance with the national laws and Asian Development Banks (ADB’s) safeguards policy statement (SPS, 2009).
• Survey findings.
6. Due to severe COVID-19 restrictions all consultations, interviews and surveys with PAPs during the preparation of the PRAP were done on one-to-one basis. A socio-economic survey (SES) was conducted simultaneously. The SES respondents consisted of project affected household heads (PAHHs) or household (HH) representatives. The SES questionnaire contained demographic variables (age, marital status, employment, and gender of respondents), means of employment of PAPs, households’ monthly income and business enterprises. The SES provides baseline information on the socio-economic situation of the PAHs/PAPs in gender disaggregated format. The SES covered 25 PAHs (102 PAPs), which is 69 % of the total 36 PAHs of the Subproject. During DMS the SES will be updated with 100% of the PAHs covered to ensure latest and full coverage of information will be available.
7. The social impact assessment summarized in an Indigenous Peoples Plan (IPP) 1 confirmed that water supply and small-scale tourism infrastructure components of the proposed project activities are located within ancestral domains. The impact will be mitigated and project implementation conducted as detailed in the IPP. For the wastewater and storm water drainage in Coron and Tagumpay, there were no identified impacts on indigenous peoples, but the identified negative impacts are mainly related to environmental issues and an Environmental Management Plan will be prepared for the project.
C. Entitlement Matrix
8. Only persons and organizations with fixed assets and sources of income in subproject COI at the time of the cut off date are eligible to receive project entitlements. There are three types of PAPs (i) legal owners and holders of title; (ii) those who do not currently possess legal titles but have legal rights to the land or have claimed to have those rights, including customary rights; and (iii) those who do not have any recognizable rights to land. Eligibility will be determined with regards to the cut-off date (6 November 2020) during the census and the inventory of losses (IOL) survey of PAP’s land and/or non- land assets. The Entitlement Matrix has been developed to mitigate project impacts. Additional categories have been reserved in the entitlement matrix in case they are needed for due to partially missing socio-economic and land ownership information on 15 PAHs. The final figures for each entitlement category will be verified during DMS/SES at Resettlement Action Plan (RAP) update stage.
D. Recommended Actions
9. The following actions are recommended for the implementation of the PRAP:
1 Sustainable Tourism Development Project, Coron Feasibility Study Volume 10. indigenous Peoples Plan. October 2020.
• Stakeholder Participation and Information Disclosure. Public consultation and participation aim to develop and maintain avenues of communication between the Project, stakeholders, and PAHs. To ensure that the views and concerns of the PAHs are considered in the Project preparation and implementation and to reduce or offset adverse impacts and enhance benefits from the Project, a strategy of meaningful participatory has been adopted by and implemented under the Project for information disclosure, consultation and participation. All consultations have been presented verbally in Tagalog language for the illiterate to fully understand and be able to participate, while using visual tools such as maps and drawings. During the IOL consultations, the Local Government Unit (LGU) team explained the Project scope and distributed the Public Information Booklets (PIBs).
• Relocation site Development and Rehabilitation Assistance. As part of the project resettlement policy and entitlements, resettlement assistance will be provided for physical displacement resulting in permanent loss of informal or residential (primary) structures and economic displacement (i.e. for a transition period needed to restore the livelihood and standards of living of PAPs). Economic displacement support and assistance is detailed in Chapter IX. Coron has identified four (4) possible resettlement sites for relocation of the 20 PAHs who prefer resettlement site relocation, whereas 3 PAHs preferring self- relocation are supported for self-relocation. Prior to relocation, ample consultations will be provided by the LGU for all eligible PAHs to ensure that their needs are addressed, final options for resettlement sites presented, and assisted relocation procedures and allowances are understood. Economic displacement support and assistance is detailed in Chapter IX. The implementing agency, will ensure that no PAH will be forcibly evicted or a structure demolished without prior notice and consultation. In-city self-relocation (within the same LGU) is supported when possible to ensure minimal displacement of PAHs from their source of income/livelihood. During the Detailed Engineering Design (DED) Stage, an individual relocation plan will be developed in consultation with PAPs.
• Institutional Arrangement, Grievance Redress Mechanism. The Local Inter-Agency Committee (LIAC) will be formed through a Memorandum of Understanding (MOU) between TIEZA and the concerned LGU and related departments. This MOU need to be in place prior to the DED Stage. Under LIAC a Resettlement Coordination Unit (RCU) has been established prior to detailed engineering designs to provide technical guidance and support in the implementation of the RAP. All activities related to the RAP preparation and implementation will be periodically reported by the RCU to the National Project Managent Unit and ADB. RCU will be responsible for RAP update and implementation. PMC will provide technical support in drafting and updating RAP (including DMS/SES), individual relocation plans, and IRP and RAP implementation.
• Implementation Schedule. A schedule has been drafted to address the following: RAP Update and Implementation (2021-2022), Income Restoration Program (2021-2022), and Continuous Tasks (2021-2025).
• Monitoring and Evaluation. Even though the project is categorized as B for IR impacts, external monitoring will be conducted for the project in addition to internal monitoring in order to ensure self-relocation and LIRP activities are implemented in accordance with ADB SPS (2009), uncertainties on access to projects sites during Covid-19 pandemic does not impact the monitoring activities required for the project, as well as provide additional monitoring support for EA. TIEZA and the PMU in coordination with the Consultant and other related entities shall set schedules for the required monitoring types
taking into account the projects implementing schedule. For Internal Monitoring, TIEZA will generate the data for a full and consolidated Semi-Annual Social Safeguards Monitoring Report (SSSMR) to be submitted to ADB. SSSMRs will be combined with Indigenous Peoples (IP) safeguards, are subject to review by ADB and posted on the ADB and Project websites for disclosure purposes.
• Resettlement Costs. The cost of compensation, cash allowances, and a contingency are included in the resettlement budget in this PRAP. The total estimated cost of resettlement for the subproject is PHP 70,496,345 ($1,409,927 USD). Administrative costs relative to the implementation of the RAP, in addition to the cost of DMS, RCS, RAP implementing institutions, GRM, information disclosure and monitoring (internal and external), are included in the PRAP budget. It is confirmed that funds for the LAR will be covered jointly by the ADB and Philippine Government (ADB 89.3% and the Philippine Government 10.7%).
I. PROJECT DESCRIPTION
A. General description of the project
1. The proposed project will assist the government of the Philippines to promote tourism development and transform Coron and El Nido into a sustainable, inclusive, resilient and competitive tourism centers. It builds on the strength of the tourist destinations, particularly the pristine and rich natural resources, by sustainably managing and conserving natural capital, and improves on areas that would contribute to the industry's competitiveness, namely improved (i) urban environmental services (water supply, sanitation, and solid waste management), (ii) connectivity and accessibility; (iii) skills development for the MSMEs, and (iv) health services.
2. The project impact will be aligned with the National Tourism Development Plan 2017- 2022, and its outcome will be sustainable tourism development for Coron and El Nido. The project will contribute to the poverty reduction, income inequality and unemployment reduction objectives of the Philippine Development Plan (PDP) 2017-2022 that is anchored in the longer-term vision espoused in Ambisyon 2040. The project is consistent with ADB Strategy 2030 and supports key operational priorities of tackling climate change, making cities more livable, and strengthening governance and institutional capacity. It is also aligned with the Philippine Country Partnership Strategy 2018-2023, especially in promoting local economic development pillar.
B. Subproject Area
3. The proposed priority sub-projects will be situated within the territorial jurisdiction of the Municipality of Coron, Province of Palawan, MIMAROPA Region (formerly Region IV-B), Philippines.
C. Expected project outputs
4. The proposed project outputs for Coron are divided into three components. Details of each component is provided in Annex A. Only component 1 will result in land acquisition and resettlement (LAR). • Component 1: Urban Services and Infrastructure Improvement 1) Water Supply (only in Coron) 2) Urban Sanitation (sewerage and septage management) 3) Urban Drainage 4) Tourism Facilities 5) Solid waste management (only in El Nido) 6) TA on health services (not covered under this PRAP) • Component 2: Sustainable Natural Resources Management • Component 3: Enterprise Development
D. Civil Works to be Carried Out
5. Civil Works to be carried out under Components 1 and 2 are described in Table I-1.
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Table I-1: Major Works for the Coron subproject No.. Location Type of Works Features 1 Cadiang Falls Water supply New water intake structure (4,000 m3/day) New WTP comprising settling tank, primary and secondary filtration, and chlorination 2 Guadalupe Water supply The WTP is designed for a daily capacity of potable water distribution of 4 000 m3/day (including 6% water loss). • Raw Water Transmission main (from Cadiang Falls to WTP): 7,300 m, DN290. • Treated Water Transmission main (from WTP to storage Tanks): 1,200 m, DN290. Pipes will be made by PE for initial diameters up to 80 mm, larger pipes are generally by HDPE up to DN300. Larger diameters (DN350 and upwards) are made of Steel (St) or ductile iron (DI).
3 Coron Water supply New main tank close from Mabentagen Dam (storage capacity: 1 000 m3, for low zone). New elevated tank 1 (60 masl) close to main tank (storage capacity: 500 m3, for high zone). By-pass connection in case of source failure (gravity flow from tank 1 to main tank; pumping from main tank to tank 1).
Expansion of the distribution network for Poblacions 1 to 6 and Tagumpay area (total length of 15,750 m; diameters ranging from DN150 to DN400). Construction of gravity lines (~11.5 km), manhole, seven PS and pumping mains (~5.2 km).
Coron Urban Center WWTP is designed for a capacity of 2,438 m3/day and 988 kg BOD/day, and Tagumpay WWTP is designed for a capacity of 1,035 m3/day and 448 kg BOD/day, both of which includes several treatment stages: a) Water treatment line (lift pumping station and coarse screening, fine screening, grit and grease removal unit, conventional activates sludge designed for nutrient removal, secondary clarification, and tertiary treatment including disc filtration and UV disinfection before final discharge); Coron Urban b) Sludge treatment line (dewatering centrifuge and silo 4 Center & Wastewater storage); Tagumpay c) Odor control; d) Septage receiving station; e) Ancillary works; f) Guard house at the entrance of the site.
The future treated wastewater discharge outlet for Coron Urban Center WWTP will be located along Dipulao River, downstream of any water supply intake, and for Tagyumpay WWTP will discharge into the nearest Bay or water course.
Additional vacuum trucks will be purchased for septage management (2 units of 5-m3 and 1 unit of 3-m3 vacuum trucks and 1 unit of 1-m3 motorcycle tanker).
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No.. Location Type of Works Features Sidewalk box culvert is the preferred option for Coron drainage network for length of 22 km composed of the following main categories: a) More than 70% of the future network (in length) will be newly built infrastructures (new network and replacement); b) 10% of the works will pertain to improvement of existing network, in particular in Coron Urban Center; c) 16% of the works will pertain to proper identification of the thalwegs and minor works to increase their natural capacity; Storm water d) 3% of the network is recommended to be circular pipes 5 Coron drainage (i.e. road crossings only); e) Less than 20% of the network’s size will be above 1 m (diameter of side), mainly located along the shoreline just upstream the outfalls; f) 2% of the length of the works will represent improvement of the existing culvert under the reclamation area; g) The rest of the network will be under 1 m size, with almost 50% of 0.3 x 0.3 m and 0.4 x 0.4 m sidewalk box culvert: this corresponds to most of the drainage network within Coron Urban Center.
Total of 16 outfalls with buffer zones. CYC Beach, Lajala with twenty (20) floating buoys, floating trails, 1-unit Eco-toilet with 2 separate rooms, installation of a one-unit PVC type tank (1 m3 capacity) and a 1-HP engine driven motor pump to extract raw water from the sea to deliver in the tank, and provision of segregated 2-collector bins (all-weather material).
Kayangan Lake, Bauang-Daan with 10 floating buoys, rehabilitation of wooden walk path, concrete mooring cleats, 1-unit Eco-toilet with 2 separate rooms, installation of a one- Small-scale unit PVC type tank (1 m3 capacity) and a 1-HP engine driven 6 Coron tourism support motor pump to extract raw water from the sea to deliver in infrastructure the tank, and provision of segregated 2-collector bins (all- weather material).
Siete Pecados, Tagumpay with 1-unit Eco-toilet with 2 separate rooms, installation of a one-unit PVC type tank (1 m3 capacity) and provision of segregated 2-collector bins (all- weather material).
Bintuan Coral Gardens, Bintuan with 15 floating buoys, floating trails and provision of bin collectors.
E. Alternatives Considered to Avoid or Minimize Resettlement
6. Efforts have been made to avoid or reduce the resettlement impacts during feasibility study outline design. Particularly the impact caused by the sewer and storm water drainage networks, pump stations and outfalls were mitigated through design alternatives. The combined network of sewerage and drainage shall be laid in front of existing structures, along the road. The assumption based on the topographic surveys and spatial data has been 3 m off-set from the
4 centerline for the network alignment placement along the roads, but at locations this will need to be narrowed down where the existing width is not sufficient, or there is privately owned and temporarily unmovable obstructions along the way. If there is not enough space on the sidewalk to accommodate the drainage network, that shall be reviewed at detailed design stage. The network can be re-designed as less wide but deeper to accommodate the same flow depending on the constraints and obstacles on the ground (see examples in Annex A: Part vii).
Table I-2: Measures to Minimize Land Acquisition and Resettlement Impact No. Component Impact Avoidance/mitigation 1 Storm water Drainage lines to three outfalls Fully avoided. Phasing of project drainage (OF4, 5 and 6) cause relocation implementation, with outfalls constructed in of estimated 30-40 PAHs (Figure phase 2 once reclamation area completed I-1) and NHA re-housing project completed. 2 Drainage Network installation (trenches) Fully avoided. Re-alignment of the networks Sewerage causing impact on 80-130 PAHs away from houses and shops towards the structures and businesses road centerline along both networks. (livelihoods) along the networks 3 Drainage Double temporary impact during Fully avoided. Drainage to be installed on Sewerage two consecutive construction Coastal Road simultaneously with periods on houses along Coastal sewerage, but not connected until outfalls Road for (1) sewerage and (2) constructed in phase 2. drainage lines (trenches) 4 Sewerage PS3 causing relocation of 3-5 Fully avoided. Locate PS3 estimated 35 m PAHs northwest on junction of Roxas St and a minor street. 5 Storm water 20 x 20 m buffer zones would Buffer zones adjusted based on design, drainage cause relocation of 50-70 PAHs flow quantity and flow speed (Annex A: Table 1)
Figure I-1: Measures to Minimize Land Acquisition and Resettlement Impact
7. At the detailed engineering design (DED) stage the Measures to Minimize Land Acquisition and Resettlement Impact shall be detailed at level of PAHs/PAPs.
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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
A. Projects Potential Impact
8. There will be land acquisition for WTP and WWTP sites, which will be acquired primarily through negotiated acquisition as: (i) the WTP site (5,000 m2) will be located at a current borrow site, which is categorized as agricultural land. The land is owned by a one AH (1 APs). The access to the proposed site is from the main road; (ii) new main water storage tanks close to Mabentagen Dam with storage capacity of 1,000 m3 for low zone and a new elevated water storage tank (60 m.asl) close to main tank with storage capacity of 500 m3 for high zone requiring land acquisition of an area of 49 x 25 m (total of 1,225 m2) of private land (1 AH) (Figure II.3); and (iii) Tagumpay WWTP site (10,000 m2) is located in the Eastern part of Coron City in Barangay Tagumpay along the main road and few kilometer away from the Port. The site is privately owned (1 AH).
9. The storm water drainage network (Figure II.1, Figure II.2 and Figure II.3) will cause significant IR impact as the outfall structures to be located at the shore line is densely populated with informal settler families (ISFs) and high flow speed of storm water during heavy intensity rainfall events can jeopardize the structural integrity of the stilted houses. Therefore, it is necessary to establish buffer zones for each outfall based on their design and flow characteristics, while clearing and demarcation the buffer zones. The outfalls / buffer zones will cause significant IR impact, including relocation of 23 PAHs (123 APs) as well as impact on private land and secondary structures. Some of the structures are built partially or entirely on top of the sea at the shore line. For details of locations of impact, please see large scale maps in Annex B.5.
10. Coron City Center WWTP site is located in the Western part of Coron City, along the main road going to the airport and near the new Coron Stadium project, and covers 10,000 m2 of public land. Coron City Center WWTP does not require land acquisition or cause IR impacts.
11. The water supply raw water transmission (7,300 m), treated water transmission (1,200 m) and treated water distribution network (15,750 m) will be constructed under existing public roads within their existing right-of-way (ROW). Likewise, the sewerage collection system (11.5 km) and sewer mains (5.2 km) routing shall follow the national road and residential access roads within the existing road alignments and ROW. The pumping stations (PSs) are built under public roads or vacant public land. As the water supply lines, sewer collection and mains, and sewage pumping stations are located under the roads they are not anticipated to cause any IR impacts. Household connections will be designed during the detailed engineering design (DED).
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Figure II-1: Anticipated Impact of Subproject in Central Coron Area
Figure II-2: Anticipated IR impact of Subproject in Tagumpay Area
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Figure II-3: Anticipated IR impact of Subproject in Poblacion 6
12. Small-scale tourism infrastructure are temporary light-weight structures, to be placed on unused and vacant public land with no encroachment, hence not causing any IR impacts. Final design of the small-scale site infrastructure and alternative livelihood interventions will be done during project implementation.
B. Scope of Land Acquisition
13. Due to restrictions on public meetings and gatherings caused by COVID-19 pandemic the attendees and number of public consultation with PAPs was highly limited and conducted only as one-to-one consultations. The one-to-one consultations with PAHs on the project scope and entitlements, and the IOL/SES was conducted by consultant October-November 2020 to determine the potential impacts on land and physical and economic assets of the PAHs/PAPs. The assessment of scale of impact on land and other physical assets was done by the survey team via a walk-through of the entire stretch of the water supply and wastewater networks and storm water drainage alignment. The COI was defined and assets within COI, such as public and private land, primary and secondary structures, and other assets such as trees among others were measured. Georeferenced and gender disaggregated IOL/SES data obtained information on the names and assets of the PAHs within the COI.
14. Out of 36 PAHs, 7 PAHs land and asset ownership status was not possible to confirm during IOL, out of which 5 PAHs claim to be legal owners but did not provide documents, and 2 PAHs ownership could not be established. In addition, total of 15 PAHs have partial missing socio- economic and land information (see details in Annex B; Table 6). The main reason was access due to structures built on coastal area (5 PAHs), PAHs totally unreachable, unidentified or unaccounted during IOL (8 PAHs), people at property not the actual property and unable to respond to questions due to lack of knowledge of the matters (1 PAHs), and the owner refused to
8 share information for undisclosed reasons (1 PAHs). The missing information has impacted the correct numbers for PAPs, which due to this is under-estimated throughout the PRAP2.
15. The missing IOL/SES information and data will be collected during DMS. In order to avoid similar problems, updated PIB distributed to all PAHs prior to consultations, more in-depth public consultations covering all PAHs prior to conducting DMS will be organized, and awareness of PAHs will be built up on the purpose of the DMS and process of land acquisition.
16. The cut-off date (COD) was set at 6 November 2020 as the date of beginning of public consultations. The COD was also confirmed with a letter from TIEZA (the executing agency at the time) to Coron LGU (Annex C.2).
C. Summary of Affected Assets and Displaced Persons
17. The Subproject components cause IR impact on 36 PAHs/137 PAPs due to acquisition of 17.82 ha of privately owned land. Out of all PAHs, 24 (123 PAPs) are vulnerable and 28 PAHs (129 PAPs) are severely affected. Of severely affected 23 PAHs (123 PAPs) are relocated, 4 PAH (21 PAPs) is impacted by permanent loss of business, 1 PAH is affected due to loss of more than 10% of productive land and 5 PAHs (10 PAPs) due to permanent loss of rental income. The private land impact is composed of 1,395.19 m2 of residential land (11 PAHs/35 PAPs) and 200 m2 of commercial land (1 PAH/3 PAPs), 16,225 m2 of agricultural land (3 PAHs). 792.21 m2 of residential land (5 PAHs/13 PAPs) is claimed by ISFs as land under their ownership. 23 PAHs (123 PAPs) will be relocated from their primary structures (994.87 m2), whereas 1 PAH (3 PAPs) primary structure is used for home-based room rental business (64 m2) and is not relocated due to not living in the structure. Of the PAHs losing land and structures, 10 PAHs are the legal or legalizable owners of the assets, 11 are tenants, 5 are claiming land ownership and 2 ownership status is unknown. 4 PAHs/3 PAPs will have impact on 4 secondary structures (54 m2). 6 PAHs/18 PAPs have impact on 47 fruit trees and 6 PAHs/15 PAPs have impact on 10 timber trees. 9 PAHs/28 PAPs have business disruption or lose rental income, which all will be compensated for lost income. Summary of LAR impacts are in Table II.1, Summary tables are provided below in this chapter, whereas details are provided in Annex B and Annex E.
Table II-1: Summary of LAR Impact Type under the Subproject Impact Category Units PAH PAP A. Land A1. Residential land 602.98 m2 6 22 A2. Commercial land 200 m2 1 3 A3. Agricultural land 16,225 m2 3 n/a A4. Public land claimed as private residential land 792.21 m2 5 13 Sub-total (A) 17,820.19 m2 15 38 B. Structures B1. Primary Structures 24 structures 24 126 B2. Secondary structures 4 structures 4 3 Sub-total (B) 28 structures 26 129 C. Trees
2 For clarity, PAHs not accountd for number of PAPs during IOL or collected from SES data were left wihtout any PAP marked down.
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Impact Category Units PAH PAP C1. Fruit trees 47 trees 6 18 C2. Timber/other trees 10 trees 6 15 Sub-Total (C) 57 trees 8 23 D. Vulnerable PAHs D. Vulnerable PAHs 24 123 E. Severely affected PAHs E1. Losing more than 10% of agricultural, productive or residential land 1 n/a E2. Relocated PAHs 23 123 E3. Loss of Business (Permanent) 4 21 E5. Loss of Rental Income (Permanent) 5 10 Sub-total (E) 28 129 F. Loss of livelihood F1. Loss of income (permanent) 4 21 F2. Loss of income (temporary) 1 3 F3. Loss of rental income 11 parcels 5 10 Sub-Total (F) 9 28 G1. PAHs with missing socio-economic or land information 15 Grand Total 36 137
D. Impact on Land
18. The Subproject components cause IR impact for 36 PAHs/137 PAPs due to acquisition of 17.82 ha of privately owned land owned by 15 PAHs/38 PAPs. 11 PAHs (64 PAPs) are tenants leasing land from land owners or ISF claiming the land as private. One (1) PAH is severely impacted due to lose of more than 10% of productive land. This land is categorized as agricultural land, but it has been used as a borrow site. As a borrow site there is economic activity which is impacted (Table II.2).
Table II-2: Permanent Acquisition of Land Permanent private land acquisition PAHs Poblacion / losing No. Area Village Component PAH PAPs* ≥10% (m2) productive land Storm water Poblacion 1,2 1 drainage 802.98 7 25 and Tagumpay (outfalls) 2 Tagumpay WWTP 5,000 1 n/a 3 San Nicolas WTP 10,000 1 n/a 1 Water 4 Poblacion 6 supply main 1,225 1 n/a tanks
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Permanent private land acquisition PAHs Poblacion / losing No. Area Village Component PAH PAPs* ≥10% (m2) productive land Public land claimed as Poblacion 1,2 private for 5 792.21 5 13 and Tagumpay storm water drainage (outfalls) Total 17,820.19 15 38 1 * Detailed information of all PAH not available, including number of PAPs
19. Water supply and wastewater components (WTP and WWTP sites, and main tanks) require total of 16,225 m2 of private land (3 PAHs/0 PAPs). Storm water drainage component (outfalls and buffer zones) require 1,595.19 m2 of private land (12 PAHs/38 PAPs) (Table II.3). There are two site options for 1,225 m2 of agricultural land needed for the new main water supply tanks, both impacted one PAH each. The decision on location for the tanks and impact on one of the two PAHs is pending on negotiations.
20. The private land impact is composed of 602.98 m2 of residential land (6 PAHs/22 PAPs), 200 m2 of commercial land (1 PAH/3 PAPs), 16,225 m2 of agricultural land (3 PAHs) and 792.21 m2 of public land claimed by ISF as private residential land (5 PAHs/13 PAPs). 8 PAHs/33 PAPs are impacted on structures and assets on public land (63.8 m2) with majority of the structures on the coast constructed above the sea. The PAHs on public land will be compensated for their assets and livelihoods, but not for the land.
21. All of the private land of PAHs required for storm water drainage as well as wastewater network and pump station locations will be primarily acquired through as the preferred option, and if that failing, through expropriation, as a process provided by land acquisition legislation of the Republic of Philippines.
Table II-3: Type of Land to be Permanently Acquired for the Project Ownership Residential Commercial Agricultural Total PAH PAP* Status (m²) (m²) (m²) (m²) Privately owned 602.98 200 16,225 17,027.98 10 25 ISF claiming ownership 792.21 792.21 5 13 Total 1,395.19 200 16,225 17,820.19 15 38 * Detailed information of all PAH not available, including number of PAPs
E. Impact on Primary Structures
22. There is impact on 24 main structures (1,058.87 m2) of 24 PAHs/126 PAPs, out of which 16 PAHs/100 PAPs (total area of primary structures 579.04 m2) during IOL/SES preferred relocation to resettlement site, 3 PAHs/9 PAPs (total area of primary structures 132.5 m2) preferred self-relocation and preference of 4 PAHs/14 PAPs is unknown (total area of primary
11 structures 283.33 m2) (Table II.4). One (1) PAH/3 PAPs house3 (impacted area 64 m2) is a home- based room rental and not used as a family home, hence they are not relocated. Business disruption is compensated for this PAH as per entitlement matrix (EM). 17 PAHs out of 23 PAHs to be relocated are classified as ISFs.4
Table II-4: Summary of Loss of Residential, Commercial and Secondary Structures Secondary/auxiliary Relocation Primary structures / House structures (PAH/PAP) Fully Partially Number Number Self- Resettlement affected affected PAH/PAP* PAH/PAP* Unknown of units of units relocation site (m2) (m2)
24 1,058.87 0 24/126 4 4/3 3 16 4
* Detailed information of all PAH not available, including number of PAPs
23. Out of all the 36 PAHs impacted by the project, 10 PAH are legal owners, 5 PAHs are ISFs claiming to holding tax certificates (unconfirmed), 11 PAHs tenants, 2 PAHs/2 PAPS land ownership status is unknown at the time of IOL and 8 PAHs are on public land (Table II.5). Due to unavailability of data during IOL, the ownership of the unknown PAHs will be clarified during DMS, as well as details of ownership will be verified for all PAHs who are original patent holders of lands granted through Commonwealth Act (C.A.) No. 141 and the land has not been subjected to previous government exercise of its lien, or whose properties are mortgaged. For all PAH, a copy of their tax declaration/titles etc. were not available for IOL due to privacy act issues raised by the El Nido assessor. These are to be verified during DMS, and the project will assist PAHs to obtain their land documentation with assessors office and tax authorities.
24. The 5 PAHs/13 PAPs claiming ownership of public land as their residential land is based on tax declarations. However, during IOL/SES these PAHs did not provide evidence for their claims, and also tax declarations could not be located at the LGU office at the time of the surveys. Therefore, the ownership of the land will be verified during DMS and for budgeting purposes the claimed land is assumed to be private residential land.
25. For water supply, new main tank area the land for both options are currently under land dispute separately. Details of the dispute cases, including issuance of court order, is to be determined/verified during DMS once the selection of the option has been decided.
Table II-5: Ownership of Land and Structures Title holder Total Legal or legalizable owner PAH claiming ownership Tenant Unknown
10 5 11 2 28
3 Structure owner operates room rental (4 rooms); owner does not live in the structure. At the time of IOL/SES the rental rooms were unoccupied 4 Informal Settler Families (ISFs) are defined by Republic Act No. 11201 (2018) "An Act Creating the Department of Human Settlements and Urban Development, Defining its Mandate, Powers and Functions, and Appropriating Funds Therefor" Chapter II Section 3(e) Informal Settler Families (ISFs) as: referring to households living in a lot, whether private or public, without the consent of the property owner; or those without legal claim over the property they are occupying; or those living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, and waterways.
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F. Affected Secondary Structures
26. The Subproject will cause impact on 4 secondary/auxiliary structures (4 PAHs/3 PAPs) with total impacted area of 54 m2 (75% of the total area) as summarized in Table II.6. All of the impact is caused by the storm water component. The owner of the waiting place is unknown. This structure is used as a meeting venue/waiting place of the Indigenous Peoples coming from the islands. This impact is also included in the IPP.
27. Necessary secondary structures (bathrooms) are simple separate structures, and in all cases sufficient space exist on the PAH land to rebuild the necessary structures without encroachment of living space on the primary structure. Necessary secondary structures will be constructed prior to demolishing of the existing ones.
Table II-6: Summary of Impact on Secondary/Auxiliary Structures Impact Secondary / auxiliary Number of No. structure units / PAH/PAP* Impacted area 1 Bathroom 2/ 3 m2 2/0 2 Stall 1 / 3 m2 1/3 3 Waiting place 1 / 48 m2 1/0 Total of PAH with impact on 4 / 54 m2 4/3 structures * Detailed information of all PAH not available, including number of PAPs
G. Affected Trees
28. Total of 8 PAHs/23 PAPs have impact on trees, which is composed of 47 fruit trees (6 PAHs/18 PAPs, and 10 timber and other trees (6 PAHs/15 PAPs). Majority of the impacted trees are at new water supply main tank site (32 fruit trees and 2 timber/other trees). The age, type and number of the trees has been recorded during IOL, which is the basis for the compensation rate for each of the tree species. Table II.7 summarizes the affected trees by type and component and details of impact on trees per tree type, number and age is in Annex B.
Table II-7: Summary of Impact on Trees No of fruit trees No of timber trees Total
Trees PAH/PAP* Trees PAH/PAP* Trees PAH/PAP* 47 6/18 10 6/15 57 8/23 * Detailed information of all PAH not available, including number of PAPs
H. Economic Displacement
29. There is permanent business disruption on 4 PAHs/21 PAPs caused by relocation of businesses. In addition, there will be 1 PAH/3 PAPs businesses temporarily impacted (Table II.8), as there is no need to dismantle the shops and the business disruption will be short. The PAHs with permanent business disruption impacts more than 10% of their income, and are therefore considered severely impacted (3 PAHs are also relocated). They will be compensated for permanent business disrruption and income loss as per EM, and eligible to participate in IRP.
30. The business owners will be consulted in detail during DMS to verify on the time of estimated closure time during construction and what is sufficient for resumption of business. Two
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out of 4 of the permanently impacted businesses are home-based non-registered businesses (room rental or retail), one is unregistered glass making and one is registered micro-retail business. Total of 5 PAHs/10 PAPs of landowners are anticipated to lose rental income on land (11 parcels). The loss of business, employment and rental income from disruption during construction will be compensated based on business disruption as detailed in the EM.
31. A detailed review of potential economic displacement will be conducted during DMS, such as those of business owners, employees of impacted businesses, landlords, vendors and similar. Information will be provided in updated RAP about type of business lost, range of losses, potential impact, etc. with supporting documents.
Table II-8: Summary of Economic Impact
Business disruption Loss of rental income
Rental income Rental income Permanent Temporary on structures on land (PAH/PAP*) (PAH/PAP*) (PAH/PAP*) (PAH/PAP*) 5 / 10 4/21 1/3 0 (11 parcels) * Detailed information of all PAH not available, including number of PAPs
I. Vulnerable Households
32. Total of 24 PAHs/123 PAPs are classified as vulnerable (poor, single female-headed HH, disabled, elderly or landless). All vulnerable PAHs are eligible for livelihood and income restoration program (LIRP) and vulnerability allowance as per EM. 21 vulnerable PAHs (115 PAPs) are also relocated, 2 vulnerable PAHs (11 PAPs) also have permanent impact on their business and 2 PAHs (4 PAPs) on their land rental. 10 PAHs (50 PAPs) have more than one type of vulnerability. During DMS consultations with each of these PAHs will be conducted to establish individual income restoration strategy due to multiple vulnerabilities and adverse impacts on livelihoods. Summary is given in Table II.9.
Table II-9: Summary of vulnerable households Poor Single female household Disabled Elderly headed under household headed Landless Total households poverty members households (PAH/PAP) (PAH/PAP) without support threshold (PAH/PAP) (PAH/PAP) (PAH/PAP) (PAH/PAP) 11 5 2 2 17 24/123 * Detailed information of all PAH not available, including number of PAPs ** Note: Number reflecting total number of individual PAH with one or more vulnerability. Some PAH have more than one kind of vulnerability.
J. Temporary Impact
33. As the Works will be carried out within existing road ROW, public facilities such as existing roads of bituminous surface and walkways will be temporarily impacted during construction. Design of the water supply, wastewater and storm water networks includes improvement of roads and sidewalks along the alignments. Thus, these temporarily affected public facilities will not just be restored but will be enhanced after construction as part of the Subproject design. This temporary impact also concern the movement and storage of construction equipment and materials, and any unanticipated impacts. These will be addressed during the Subproject
14 implementation based on actual impacts and in accordance with the national laws and ADB’s safeguards policy statement (SPS, 2009).
34. For any temporary site installation or other area, the contractor will have to propose in a site installation and access plan and obtain approval from the PMU. Where possible, unoccupied, and unused public land will be used for temporary land use or storage. The contractor shall rent the private space with agreed rental fee. Civil works contract and EMP will require contractors to reinstate the ROW to its original pre-project condition after the installation of pipes and other structures is completed. Both private and public space shall be returned in the same or improved condition compared with pre-project situation. Through a transparent and contractual approach, the PMU will provide the contractor with the Project’s land acquisition and compensation principles to ensure that (i) official compensation rates are applied, (ii) re-instatement of affected assets contractually defined, (iii) consultation takes place, (iv) the grievance mechanism is followed, (v) the environmental management plan (EMP) is applied, and (vi) other items specified are complied with, in compliance with the ADB SPS.
K. Unforeseen Impacts
35. New PAHs/PAPs that will emerge in the course of project implementation (for example, due to changes in project scope or impact) will be provided the same entitlements as the PAHs/PAPs identified in this PRAP and financed through PRAP budget, following update of RAP or development of corrective action plan. In case the unanticipated impact occurs as part of construction activities or directly as their consequence, the Contractor will deal with the compensation as per the SPS 2009 requirements set up for this Project. Effective construction supervision and monitoring at all stages of subproject implementation will ensure this outcome.
III. SOCIOECONOMIC INFORMATION AND PROFILE OF PAHs
A. Survey methodology
36. Due to severe COVID-19 restrictions on number and length of consultations, interviews and surveys with PAPs during the preparation of the PRAP was conducted on one to one basis. The SES respondents consisted of project affected household heads (PAHHs) or household (HH) representatives. The SES questionnaire contained demographic variables (age, marital status, employment, and gender of respondents), means of employment of PAPs, households’ monthly income and business enterprises. The SES provides baseline information on the socio-economic situation of the PAHs/PAPs in gender disaggregated format. The SES covered 25 PAHs (132 PAPs), which is 69 % of the total 36 PAHs of the Subproject. Information was not detailed for total of 5 PAPs by two PAHs. During DMS the SES will be updated with 100% of the PAHs covered to ensure latest and full coverage of information will be available.
B. Demographic Information of the PAHs
37. Out of the 25 responding household heads (HHs) for the SES, the majority or 16 PAHHs are males (64%) and roughly a third or 9 PAHHs are females (36%). For PAPs (without PAHHs), the majority, or 53 PAPs, are female (50%) and 49 PAPs male (46%). There is nearly an even split on PAHs on male to female ratio. Average PAH size is 5.3. All PAHHs and PAPs are Christian. Table III.1 summarizes gender and number of PAHHs and PAPs of the SES sample.
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Table III-1: SES Sample PAHH PAP (not inc. PAHH) Total Gender No (%) No (%) No (%) Male 16 64 49 46 65 49 Female 9 36 53 50 62 47 Unknown 5 4 5 4 Total 25 100 107 100 132 100
38. As for age, average age of all members of PAHs is 47. The largest groups of PAHHs are 46-64 years old (40%), closely followed by 31-45 year olds (32%) and finally 19-30 year-old (20%). The elderly (over 65 years) household heads are considered vulnerable (2 PAHs/4 PAPs, both of which are single female-headed PAHH). Table III.2 summarizes gender and age of PAHHs.
Table III-2: Summary of Gender and Age of PAHHs
19 - 30 yrs. 31 - 45 yrs. 46 - 64 yrs. Over 65 yrs. TOTAL Poblacion/ village Gender No. No. No. No. PAHH % Male 3 7 6 16 64 Poblacion 6 and Tagumpay Female 2 1 4 2 9 36 Total 5 8 10 2 25 100 Percentage (%) 20 32 40 8 100
39. Majority or 35 PAHHs (727%) are married/live-in (18 PAHHs), 4 PAHHs or 16% are widowed, and 3 PAHHs are single (12%). Based on SES, there is five single female-headed PAHH (31 PAPs) without support.
40. Largest age group in PAPs is 6-18 years old (34%), followed by 26-45 years old (23%), 19-25 (16%), under 5 year old (9%), 45-64 years olds (3%), and finally over 65 (2%). Table III.3 summarizes gender and age of PAPs.
Table III-3: Summary of Gender and Age of PAPs <5 6-18 19-25 26-45 46-64 >65 Poblacion/ village Gender n/a TOTAL yrs. yrs. yrs. yrs. yrs. yrs.
Male 8 6 19 5 9 1 1 49 48 Poblacion 6 and Tagumpay Female 7 3 15 11 14 2 1 53 52 Total 15 9 34 16 23 3 2 102 100 Percentage (%) 15 9 33 16 23 3 2
C. Education attainment
41. Total of 17 PAHHs have tertiary education (68%), including most female PAHHs. 6 PAHHs has elementary level education (24%) and 1 PAHHs secondary level (4%). Only 1 male PAHHs has no education attainment (4%). There is no significant difference between male and female education levels. Table III.4 summarizes the education levels of the PAHHs by gender.
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Table III-4: Summary of Education Attainment Level of PAHHs
Poblacion/ village Gender Elementary Secondary Tertiary None Total
Male 4 1 10 1 16 Poblacion 6 and Tagumpay Female 2 7 9 Total 6 1 17 1 25 Percentage (%) 24 4 68 4 100
42. Total of 35 PAPs (34%) have tertiary education level or are in process of attaining it, followed by elementary education with 27 PAPs (26%) and secondary education with 6 PAPs (6%). Educational level of 31 PAPs was not revealed during SES. None of the PAPs are illiterate. The male PAPs of the Subproject are less educated than females. Table III.5 summarizes the education levels of the PAPs by gender.
Table III-5: Summary of Education Attainment Level of PAPs Not Yet Attend / Poblacion/ village Gender Elementary Secondary Tertiary Vocational Total n/a
Male 18 14 3 14 49 Poblacion 6 and Tagumpay Female 13 13 3 21 3 53 Total 31 27 6 35 3 102 Percentage (%) 30 26 6 34 3 100
D. Occupation and Income
43. For the Subproject, 9 PAHHs (36%) are either self-employed, 6 PAHHs in private sector (24%), 4 PAHHs farming/fishing sector (16%), and 3 PAHHs (12%) who are casual laborers. The percentage of self-employed and tourism sectors are high due to Coron's tourism related activities in Coron. Only 5 of the PAHHs has a secondary job, mainly in agriculture or sales/services. Table III.6 summarizes the primary occupation of the PAHHs.
Table III-6: Summary of Occupation of PAHHs Self- Touris Private employ Casu Farme Gov't Retired/ Gend m/ sector ed/ Volunte Tot Poblacion/ village al r/ employ housewi er service employ busines er al labor fisher ee fe s ee s/ trade Male 3 1 4 3 5 16 Poblacion 6 and Femal Tagumpay 3 4 1 1 9 e Total 3 1 4 0 6 9 1 1 25 Percentage (%) 12 4 16 0 24 36 4 4 100
44. Majority of PAPs (48 PAPs or 47%) are either students or not at working age. The most common occupation amongst the PAPs is private sector employment (6 PAPs or 6%). None of the PAPs has a secondary job. Female PAPs are much more prevalent in tourism/services sector employment. Table III.7 summarizes the primary occupation of the PAPs.
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Table III-7: Summary of Occupation of PAPs
Self- Student/ Private Poblacion/ Casual Tourism/ Farmer/ Gov't employed/ not yet Gender sector n/a Total village labor services fisher employee business/ start employee trade school
Poblacion 6 Male 1 2 1 1 3 3 27 11 49 and Tagumpay Female 3 5 1 2 3 2 21 16 53 Total 4 7 2 3 6 5 48 27 102 Percentage (%) 4 7 2 3 6 5 47 26 100
45. Majority or 10 PAHs (40%) reported income less than 2,100 PhP/PAP/month whereas 6 PAHs (24%) reported household monthly income of between 2,100 to 4,999 PhP/PAP/month and 5 PAHs between 5,000 to 9,999 PhP/PAP/month (20%). The median income/capita/month is 3,167 PhP/PAP/month, which is double of the official poverty threshold. The poverty threshold in Philippines is 2,096 PhP/PAP/month, which is based on amount needed to meet both basic food and non-food needs of a family of five in a month, set at PhP 10,481 on average. Hence, the poverty threshold for the SES purposes is 2,096.2 PhP/PAP/month5. Table III.8 summarizes the monthly per capita income of the PAHs.
Table III-8: Summary of PAH monthly income per capita per month (PhP) Gender Under 2,100 Poblacion/ village n/a 2,101-4,999 5,000-9,999 10,000-20,000 Total (PAHH) (poor)
Male 1 5 4 4 2 16 Poblacion 6 and Tagumpay Female 1 5 2 1 9 Total 2 10 6 5 2 25 Percentage (%) 8 40 24 20 8 100
E. Indigenous Peoples
46. Municipal Planning and Development Office (MPDO) estimates that 60% of the population are indigenous people and are represented in most of the municipality’s 23 barangays. The MPDO identifies four indigenous groups—Tagbanua, Cuyonen, Agutaynen and Cagaynen with a total population of 33,707. The Cuyonen, Agutaynen, and Cagayanen are all originally from Cuyo and Agutaya in the Cuyo Archipelago, and the islands of Cagayancillo, 150 kilometers to the south; the Tagbanua are the only indigenous group that claim Coron as their ancestral homeland. The Tagbanua have mandatory representation in the municipal and the legislative councils of 12 barangays, a right that is stipulated in the Indigenous Peoples Rights Act.
47. Coron water supply and small-scale tourism site infrastructure are located within ancestral domain areas, and are covered by Indigenous Peoples Plan6. The social impact assessment summarized in a due diligence report confirmed that the proposed sewage treatment plant and drainage system improvement projects are not in an area that is claimed, owned, or used by indigenous people and there are no ancestral domain or land claims in the proposed project sites.
5 https://psa.gov.ph/poverty-press-releases/nid/138411 6 Sustainable Tourism Development Project, Coron Feasibility Study Volume 10. Indigenopus Peoples Plan. October 2020.
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However, the project will ensure that any affected indigenous people who happen to be residing in the area will: (i) not become vulnerable because of the proposed project, (ii) be meaningfully consulted, and (iii) be fully entitled based on income and property loss, and are included in this PRAP.
IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
48. Public consultation and participation aim to develop and maintain avenues of communication between the Project, stakeholders, and PAHs. To ensure that the views and concerns of the PAHs are considered in the Project preparation and implementation and to reduce or offset adverse impacts and enhance benefits from the Project, a strategy of meaningful participatory has been adopted by and implemented under the Project for information disclosure, consultation and participation. All consultations have been presented verbally in Tagalog language for the illiterate to fully understand and be able to participate, while using visual tools such as maps and drawings. During the IOL consultations, the LGU team explained the Project scope and distributed the PIBs.
A. During PRAP Preparation
46. The first public consultations in Coron were conducted during the feasibility study of the Subproject between 9 to 21 November 2020 with PAHs of the Subproject and local residents (Annex C). The consultations were conducted prior to the commencement of IOL/SES. Summary of topics discussed is in Table IV.1. The PIB, including the Subproject details as well as key contact persons were distributed and explained to all attendees (Annex C.1).
Table IV-1: Summary of Consultations No. Date and time Location Topic and Summary of Participants Discussions 1 Date: 9-11, 13, One-to-one Initial consultation with project 29 residents (10 16-17 and 21 consultation with affected households, communes male, 19 female) November 2020 individual PAH and and beneficiaries. Presentation of residents details on: 4 male • Project scope, location, participants from Works and schedule Coron • basic terminology and Municipality resettlement concepts • standard procedure on resettlement policies (ADB and Government of Philippines) • types of impact • standard entitlements, eligibility, allowances and typical entitlement matrix • modes of land acquisition, compensation rates, RCS and compensation process • cut-off date • GRM and complaint process • IOL/SES process
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49. Table IV.2 summarizes the key discussion points on the questions from the PAHs and responses provided at the first public consultation meetings.
Table IV-2: Summary of Typical Discussion Points in One-to-one Consultations No. Question/ Answer/ Conclusion Discussion point 1 Name: Vicente Segovia Name: Loren Joy Fabayos Gender: male Gender: Female Position: Resident Position: Enumerator/Team Leader
Question: What is the purpose Response: The project will provide infrastructure services – of the project? water, sewerage, drainage - to Coron. This will help tourism in Coron. 2 Name: Judy Sabinet Name: Loren Joy Fabayos Gender: Male Gender: Female Position: Resident Position: Enumerator/Team Leader
Question: Will the project finally Response: The feasibility studies are undergoing review by push through? Why were we national government. Based on the technical design, your affected? Will our house be area has been identified to be part of the corridor of impact, removed? as shown in this map.
During detailed engineering and design, it will be confirmed. We have questions for you on relocation preferences as well. 3 Name: Shahanie Espinoso Name: Loren Joy Fabayos Gender: Female Gender: Female Position: Resident Position: Enumerator/Team Leader
Question: Will we be paid for all Response: We are doing ground survey now and will the expenses we incurred in provide the information to the project technical team. case the project happens? Depending on the scale of impacts, the benefits to be covered will be confirmed. 4 Name: Ramon Refil Name: Loren Joy Fabayos Gender: Male Gender: Female Position: Resident Position: Enumerator/Team Leader
Question: Will there be water Response: The assessment of possible relocation sites is and electricity in the relocation ongoing, including availability of water and electricity. area in case we need to be relocated?
B. During RAP Update
50. The LIAC/RCU together with the relevant line agencies will conduct meaningful consultation with PAPs during the RAP update while ensuring the consultations are gender inclusive and special attention is made to ensure the participation of women and the vulnerable group of PAPs, as much as possible. All efforts will be made to incorporate mitigation measures to address their concerns, where relevant and possible.
51. Additional public consultation with the PAHs who did not share information or participate in IOL will be organized by LIAC/RCU to explain the project scope, benefits and outcome, ADB and the Republic of Philippines legislation on land acquisition and expropriation, entitlements and GRM. Individual one-to-one consultations will be used for the ones otherwise not reached for consultation. Full DMS/SES should be completed with all PAHs with missing information,
20 including verification of impacted assets, livelihoods, income and businesses, legal ownership of assets, vulnerabilities, relocation and LIRP preferences, and at minimum basic socio-economic status of each PAH (number of PAPs, education and income levels).
52. In situation where COVID-19 is not a safety risk, the meetings will be held in a public place at the commune or village for all PAHs and commune/village representatives and the updated PIB with final Subproject information will be provided and explained to all PAHs after completion of the DED. The PIB will be updated with information about the Project final scope, design and schedule, the entitlements, and GRM, including contact persons. All consultations and disclosure during implementation will be presented verbally in Tagalog for any illiterate to fully understand and be able to participate. Updated PIBs will be explained after consultations to any illiterate if needed.
53. In case COVID-19 situation worsens and causes increased risks, number of precautions will be adopted in the Project consultations, preparation and implementation. Social distancing, face-masks and hand washing will be compulsory for all staff and experts conducting the consultations and DMS, and for all participants to public consultation meetings. In situations where public consultation meetings are too risky, either one-on-one individual consultations will be conducted during the DMS/SES, or the survey questionnaires are to be conducted via telephone with pre-recorded project presentation made available to the PAHs followed by field verification of impacted assets only.
54. A public consultation will take place prior to the commencement of DMS and is undertaken by LIAC/RCU. The updated PIB for the Subproject, its attached complaint forms and entitlement matrix and the DMS Questionnaire will be made available in Tagalog and explained to all attendees. PAPs will be informed that they will be provided DMS slips by RCU detailing their affected assets and entitlement for compensation and assistance during the DMS. The PAPs will be required in writing to confirm the loss of assets and the measurements and get a full understanding of the basis on which the compensation will be paid for the loss assets and other entitlements.
C. During RAP Implementation
55. The schedule for PAHs contract signing with deadlines and the legal requirements to receive the compensation (national ID, evidence of land ownership etc.) will be explained in consultations after the updated RAP approval by PMU and ADB. Each PAH will be provided with the draft contract and the compensation amounts explained to the satisfaction of the PAH on one to one basis. The PAHs will be given option to sign the contract there and then at the consultation meeting, or given three (3) working days to submit the signed contract to the LIAC/RCU through the Barangay office. For those PAHs who are unable to participate in the compensation payment meeting with LIAC/RCU, best efforts will be made to visit them at their houses or seek the assistance of the Barangay office to contact them.
56. The final consultative meeting will be conducted when the compensation payments are ready to be disbursed and will be undertaken by LIAC/RCU. The schedule for compensation payments will be informed to all the PAHs at least one week in advance through the Poblacion and Barangay offices. The meeting will be held in the Poblacion or Barangay and prior to the commencement of compensation payment, all PAHs will be again informed about the GRM under the Subproject, the setup of the local GRM committees in their province and the procedures that will be followed in case they have any complaints about the compensation payments. Compensation payments will be made on household to household basis and each PAH will be
21 provided an opportunity to seek clarifications about the compensation package prior to receiving the payment.
57. The executive summary of the approved updated RAP will be translated in the Tagalog language and posted at Poblacion and Barangay offices for easy and free access to the PAHs and the affected communities. A poster should be developed with key information (Entitlement matrix, GRM flowchart and contact details, updated construction schedule) and posted at the Barangay/Poblacion offices. For any illiterate people, suitable other communication methods will be used based on the discussion and in consultation with the PAHs (as explained above). Updated RAP (based on actual DED and finalized SES and DMS) will also be disclosed on website of the TIEZA. The website should either have a dedicated webpage or a dedicated section on TIEZA home page that makes it easy to access the data.
58. Particular attention in disclosure will be given to women, the poor and other vulnerable PAHs. All consultation and disclosure activities will be properly documented; minutes of meetings, photos, and attendance sheets will be prepared and recorded.
59. For this Subproject, the following documents will be submitted to the ADB for disclosure on ADB’s website after their approval by PMU and the ADB are obtained:
PRAP and RAP approved by the PMU and concurred by ADB; RAP updates, if any; a new RAP, an updated RAP, and corrective action plan prepared during the Subproject implementation, if any; Compensation completion report(s); and Semi-annual social safeguards monitoring reports (IR and IP safeguards combined).
V. GRIEVANCE REDRESS MECHANISM
A. Objective of the GRM
60. A project grievance is defined as an actual or perceived project-related problem that gives ground for complaint by an affected person. As a general policy, the IA and STD Project Management Consultant (PMC) Team will work proactively to prevent grievances through the implementation of impact mitigation measures and community liaison activities that anticipate and address potential issues before they become grievances. Nonetheless, it is possible that unanticipated impacts may occur if the mitigation measures are not properly implemented or unforeseen issues occur. In order to address complaints, a project level grievance redress mechanism (GRM) is developed in accordance with ADB requirements and the Government procedures.
61. An effective GRM should integrate community development, resettlement, environment and technical issues into a single structure of GRM. The GRM structure takes into account the Government's laws and provisions for complaint handling as well as nuances of the operating environment and cultural attitudes toward lodging complaints. Details regarding the approach and rationale of the GRM are provided in Annex E.
B. Grievance Redress Process
62. All complaints received in writing (or prepared in written form, when received verbally) from the PAPs shall be properly documented, acted upon immediately and addressed through
22 negotiation processes to arrive at a resolution/consensus, pursuant to the procedures detailed below:
• Level I – Barangay local government unit (BLGU) – The Barangay Help/Grievance Desk will serve as the first formal contact point for PAPs to receive their grievances, who will then determine if complaints are project-related or not. The aim of the GRM policies are to resolve grievances expeditiously at the lowest possible level. A decision should be made by the BLGU within 15 calendar days after receipt of the complaint. The PAP or stakeholder will be informed in writing of the decision within two working days from when the decision is reached. In cases the PAP lodges the grievance verbally, the grievance is officially documented by the BLGU grievance focal person and a record of the grievance will be provided the Grievance Desk Officer of the PMU within a working day of receipt by the BLGU grievance focal person.
• Level II - If the PAP is not satisfied by the BLGU decision, the PAP can appeal before the TIEZA Grievance Desk Officer of the TIEZA ROW-PMU. The PMU has 15 calendar days within which to resolve the complaint. The resolution will be officially communicated in writing to the PAP within five working days from the date of the issuance of the decision.
63. If the Project Level decision is unsatisfactory to the PAP, the PAP may approach a court of law at any stage, but this is not a part of the project level GRM.
64. An aggrieved PAH may also bring its complaint directly to the ADB Resident Mission, or to the ADB Office of the Special Project Facilitator. The PCU will keep a record of grievances received, including names and pertinent information about the PAHs, nature of the complaints, dates the complaints are lodged, and resolution of the same. Grievances not resolved will also be recorded, detailing negotiations and proposals which could not be agreed on, and the dates these negotiations took place.
C. PMU Duties and Responsibilities
65. The PMU will recruit and retain dedicated Grievance Officers for the project, whose tasks and responsibility will be focused entirely on the GRM. There will be Grievance Officers assign to the central hotline during business hours, and a roster for Grievance Officers to be at each LGU Help Desk. At a minimum, the Help Desk will be open at least once a week, but more frequent during the lead up to the Notice of Taking and during relocation.
D. Grievance Register, Records and Documentation
66. A Grievance Action Form (GAF), will be prepared to cover the various aspects of property acquisition described in the PRAP.
67. At all levels, a central grievance registry is maintained to keep track and document the number and type of complaints and grievances that have been raised, as well as their status and action/s taken. The GAF will, as a minimum, contain the following:
• Basic information on PAPs (name, address, contact number); • Date of last disclosure meeting; • Category of grievance filed (Legal, Technical/Engineering, Social, and Financial); and
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• Type of action taken.
68. For record keeping purposes, the GAF will be entered into a centralized database in order to facilitate future resolutions and to conduct effective monitoring and evaluation. The database will be designed to accommodate the manual inputting of the GAFs for GRM officers who entertain complainants personally visiting the Help Desk. The design of the database will also include mobile platforms, by which field officers or PMU staff can easily upload complaints, letters or verbal feedback during their site visits.
VI. LEGAL FRAMEWORK
A. Relevant Laws and Regulations of the Republic of the Philippines
69. The main legal framework for IR are as follows (summary of legislation is provided in Annex F:
• Philippine Constitution (1987); • Commonwealth Act 141 (Public Land Act) (1936); • Republic Act (RA) 10752 (2016) - An Act to Facilitate the Acquisition of Right-Of- Way (ROW); • RA 11201 - An Act Creating the Department of Human Settlements and Urban Development (DHSUD), Defining its Mandate, Powers and Functions, and Appropriating Funds (2019); • RA 7279 - Urban Development and Housing Act (1992); • National Urban Development and Housing Framework (2017); • National Resettlement Policy Framework (2018) • RA 9679 Home Development Mutual Fund Law (2009); • RA 9646 - Regulating the Practice of Real Estate Service (Appraiser) Act (2010); • RA 6685 - An Act requiring private contractors to whom national, provincial, city and municipal public works projects have been awarded under contract to hire at least fifty percent of the unskilled and at least thirty percent of the skilled labor requirements to be taken from the available bona fide residents in the province, city or municipality in which the project are to be undertaken, and penalizing those who fail to do so (1988); • RA 9285 - Alternative Dispute Resolution Act (2003); • RA 386 - An Act to Ordain and Institute the Civil Code of The Philippines (1949); • RA 9184 - An Act for Modernization, Standardization and Regulation of the Procurement Activities of the Government (2003); • RA 8972 or the Solo Parent’s Welfare Act (2000); • RA 8975 - Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions and for other purposes Act (2000); • RA 7277 - An Act Providing for The Rehabilitation, Self-Development and Self- Reliance of Disabled Person and Their Integration into The Mainstream of Society and For Other Purposes (1992); • RA 7192 - Women in Development and Nation Building Act (1992); • RA 9710 - Magna Carta of Women (2010);
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• RA 8371 - Indigenous Peoples Rights Act (1997); • RA 10121- Disaster Risk Reduction and Management Act (2010); • Presidential Decree (PD) 1533 - Just Compensation for Immediate Possession in Eminent Domain (1978); • PD 1529 - Property Registration Decree (1978); • National Housing Authority (NHA) Memorandum Circular 2427 (2012); • Other relevant polices, and executive, administrative and departmental orders and procedures.
B. ADB’s Safeguard Policy
70. The ADB’s Safeguard Policy Statement (SPS) combines three of its key safeguard policies; environment, involuntary resettlement (IR) and indigenous peoples (IP). It aims to promote sustainability by managing potential environmental and social risks. The subproject does not trigger IP safeguards, and therefore, no separate IP plan is required. However, subproject will result in restriction of access to land through land acquisition/expropriation and hence PRAP is prepared to elaborate the impact assessment, consultations and disclosure, persons’ entitlements, compensation, institutional arrangements, monitoring, budget, and time bound implementation schedule. The project is considered category B as less than 200 persons will experience significant impact as per ADB SPS. The project is also categorized to have high safeguards risk as per Covid-19 risk screening (see decision framework in Annex I).
71. The objectives of the involuntary resettlement safeguards are to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance or at least restore the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. There are 12 policy principles related to involuntary resettlement which are found on page 17 of the Safeguards Policy Statement (2009) of ADB. Details on each policy principle are found within the SPS.
72. The ADB policy on gender and development adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring participation of women and that their needs are explicitly addressed in the decision-making process for development activities.
73. Another key policy is the ADB Public Communications Policy 2012 that encourage participation of people including stakeholders affected by ADB-financed projects. Information on ADB-funded projects should start early in the preparation phase and continue throughout all stages of project development, in order to facilitate dialogue with affected people and other stakeholders.
C. Gap Analysis
74. There are still some gaps between the Republic of the Philippines legal framework with the ADB SPS. Remaining gaps revolve around (i) eligibility for resettlement assistance, (ii) the provision of Income restoration and livelihood improvement for severely affected people and vulnerable groups to ensure that their lives will not be worse off due to the project, (iii) payment of capital gains tax (CGT) for acquired land and transitional assistance, (iv) payment of compensation and assistance prior to displacement, (v) Severity of Impact on productive resources after which rehabilitation assistance is required, (vi) grievance redress mechanism, (vii) cut-off date and (viii) external monitoring. A comparison between ADB SPS 2009 and the Republic of the Philippines regulations on involuntary resettlement and the possibility applicable in STD
25 project is presented in Table VI-1 through a gap analysis. The gap analysis provides guidance for each policy principle and the application of each for the STD project.
Table VI-1:: Gaps between ADB and Government Policy on Compensation, Assistance and Resettlement Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws (1) PAPs who have PAPs without legal PAPs without legal PAPs who do not have neither formal entitlement to rights to affected land legally recognized right Compensation legal rights nor affected land will be are potentially ineligible to the affected land but for non-land recognizable eligible for for compensation for who occupy the project assets for claims to affected compensation for non-land losses if they affected area prior to the those without land they occupy structures and are classified as cut-off date are eligible recognized are to be improvements with professional squatters or for compensation for legal rights to compensated for following criteria: members of squatting affected non-land assets affected land. the loss of assets • Must be a syndicates. and improvements, other than land, Filipino citizen; other than land, at full and for other • Must not own replacement cost. improvements to any real property or the land, at full any other housing This includes those that replacement cost, facility, whether in do not meet the criteria provided they an urban or rural within the Laws of the occupied the area; Philippines, with the project area prior • Must not be a exception of “Squatting to the project cut- professional syndicates” as defined off date. in section 3 of R.A. 7279 squatter or a and who are certified by member of a HUDCC and or other squatting Government Agency syndicate, as (PNR, LGU among defined in R.A No. others) as such will not 7279, otherwise be eligible for known as the compensation. "Urban
Development and Presence in the project housing Act of affected area at cut-off 1992"; date is to be validated through census and (Section 5(b) of validated by the 1 R.A. 10752) respective Local “Squatting Housing Office (LHO) or syndicates” as the Local Inter-Agency defined in section 3 Committee (LIAC), in 2 of R.A. 7279 will the absence of the not be eligible for former. compensation or assistance. All aspects of the RAP will be covered by Under Section 15 adequate government of IRR of R.A. appropriations. 10752, the government shall provide adequate appropriations including the cost of development and implementation of resettlement projects, including
1 Section 6.6 of IRR of R.A. 10752 includes additional criterion that PAPs must not occupy an existing government ROW. However, this criterion is not supported in R.A. 10752 itself. 2 "Squatting syndicates" refers to groups of persons engaged in the business of squatter housing for profit or gain.
2
Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws planning, social preparation, provision of basic services, community facilities, livelihood restoration and improvement and other activities in the resettlement action plan.
(2) Physically Socialized Restrictions on eligibility All relocating PAPs will displaced persons Housing: for resettlement be eligible for self- Eligibility for will be provided Under Section 16 assistance for those who relocation assistance or resettlement with relocation of R.A. 7279, do not meet the criteria assisted resettlement, assistance assistance, informal settlers: To for the socialized with the exception of transitional qualify for the housing or have real “Squatting syndicates” support and socialized housing property elsewhere. as defined in section 3 development program, a of R.A. 7279 and who assistance. beneficiary: are certified by HUDCC • Must be a as such will not be Improve the Filipino citizen; eligible for resettlement standards of living • Must be an assistance. Members of of the displaced underprivileged squatting syndicates poor and other and homeless who do not actually vulnerable groups, citizen occupy project- affected including women, structures and are Must not own to at least national • residing elsewhere will any real property minimum not be physically whether in the standards and displaced and as such
provide them with urban or rural will not be eligible for appropriate areas; and relocation assistance income sources • Must not be a and transitional and legal and professional support. The squatter or a affordable access Entitlement Matrix member of to adequate outlines the specifics of
housing. squatting the support provided for syndicates. the self-relocation assistance and resettlement assistance options (3) The rate of R.A. 10752 Payment of capital gains Payment of CGT will be compensation for requires for the tax by PAP if land is paid by the IA after the Payment of acquired housing, property owner to expropriated is ruling by the court in capital gains land and other pay the capital inconsistent with expropriation cases tax (CGT) on assets will be gains tax in principle of replacement when a PAP is unable to land acquired calculated at full expropriation cost. accept the negotiated through replacement costs. proceedings in sale as they lack the expropriation. order to incentivize paperwork and are The calculation of and promote required to undergo full replacement negotiated sale. Extra Judicial cost will be based Under negotiated Settlement before being on the following sale, the IA shall recognized as the elements: pay to the account property owner (for (i) fair market of the seller the example, in deceased value; (ii) capital gains tax, as estates that have not transaction costs; well as the been settled). (iii) interest documentary stamp
3
Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws accrued, (iv) tax, transfer tax, Prompt and complete transitional and and registration disclosure of the restoration costs; fees. The property advantages of and (v) other owner will pay any Negotiated Sale over applicable unpaid real Expropriation payments, if any. property tax. Proceedings (As provided for by R.A. Under expropriation 10752) shall be made proceedings, the IA during conduct of the shall pay the Stakeholder documentary stamp Consultation Meeting to tax, transfer tax, wit: and registration fees, while the Negotiated Sale owner will pay the Advantages: capital gains tax (i) Outright offer for land and any unpaid real price will be based on property tax. fair market value (ii) Payment of CGT shouldered by Implementing Agency (TIEZA) (iii) Shorter process (2-6 months if all required documents are complete)
Expropriation Proceeding Disadvantages: (i) Initial payment for land based on BIR zonal value and owner needs to present documentary evidence during court hearings to prove that value should be higher (ii) Owner needs to hire lawyer (iii) Longer process (may take a year to several years before decision of court for payment of just compensation in favor of the owner becomes final and executory) and orders TIEZA to pay the owner the difference. PAPs may still revert from expropriation to negotiation at any point in time before the last day of filing for Motion of the expropriation case. In case the Expropriation Case has
4
Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws been filed in Court: The plaintiff (TIEZA) can withdraw the case any time before the filing of the answer by the defendant (PAPs) (Section 1(h) Rule 16 of the 1997 Rules of Court on Civil Procedures). If the answer has been filed there has to be a joint filing by TIEZA and owner to withdraw the case (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 TIEZA’s letter offer), free of taxes, including CGT, and registration fees in accordance with Section 5(c) R.A. 10752, replacement cost for structures and improvements, and market value for crops and trees under Section 5(a) R.A. 10752. (4) Scope to cover Unless specifically Potential gap with Any land acquired for direct impacts of included in the respect to application of resettlement site Scope of land acquisition RAP, Government policies and entitlements development specifically application of and restricted land policies and under RAP to those who for the needs of the the RAP for use for the project, standards only are affected by land project will be included resettlement including any land would be applied. acquisition to develop in the scope of RAPs, sites acquired for resettlement sites for the and will follow the development of project. project-specific policies resettlement sites as outlined in the RAP. specifically for the TIEZA will oblige any project. agency responsible for Involuntary land land acquisition for acquisition for resettlement sites, such resettlement sites as NHA, to apply the to be avoided, same standards and where possible. entitlements as set out in the policy framework. (5) All compensation Under R.A. 10752, Gaps on timing for The PAPs will not be and assistance in the mode of payment, and for displaced until after they Payment of should be negotiated sale, expropriation cases, the have been paid in full compensation provided prior to PAPs will be paid in need to provide proof of the compensation and and assistance displacement. two installments for ownership to the courts applicable allowances
5
Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws prior to their affected prior to payment. due to them. displacement properties. The balance in For negotiated sale the compensation for following arrangements the land will only be will be applied: For paid after the deed structures: TIEZA to pay of sale has been 100% prior to being completed. The displaced. Payment of balance of payment compensation for for improvements structures and will be paid to the improvements may be PAPs only after the held in abeyance for acquired lands participants of socialized have been cleared housing program or of all improvements used as an advance (i.e., structures, payment on their trees, and crops). amortizations at the PAPs request until the In the mode of relocation site and expropriation, an socialized housing initial compensation accommodation payment at an becomes available. amount computed at 100% of lot price For land: For based on latest Full/Severe impacts - Bureau of Revenue 1st installment of 50% (BIR) zonal value by TIEZA rEMining 50% for land, is paid to PAPs when replacement cost land is officially for structures and transferred; for partial/ improvements, and marginal land taking, market value for rEMining 50% is paid to crops and trees in PAPs upon annotation the form of a check of the Title on sale of will be deposited to portion of land; but no the court in favor of displacement nor civil the owner upon works to commence filing of until such transfer is expropriation case effective and balance by TIEZA. The paid. Court will immediately issue In negotiated sale cases an order to take where PAPs are willing possession of the to sell their property but property and start will take more than 30 implementation of days to submit required the project (Section documents, TIEZA shall 6(a) R.A. 10752). provide necessary While the court assistance to the extent adjudicates the possible, to help PAPs compensation to be to secure the paid, the PAPs paperwork. may, at any time request the court to In cases, wherein PAPs release such need to undergo Extra deposit upon Judicial Settlement presentation of proof of ownership (Section 6(a) R.A.
6
Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws 10752). (EJS)3 for the paperwork, the TIEZA shall assist them through the Help Desk so that they can complete title segregation prior to issuance of offer to buy (OTB)4, and thus can be eligible for negotiated sale.
In cases, wherein the PAPs with EJS case is assisted but could not be finished prior to issuance of OTB, expropriation case shall be filed while the EJS is still being processed. The PAPs can, at any time, request the court to release the initial payment deposited to the Court upon submittal of proof of ownership. The PAP will have the choice of accepting the check for BIR Zonal value for the land and replacement value for structures and improvements, and market value for crops and trees and await the courts findings, or once the EJS is completed, a joint motion in the court for a compromised judgement can be filed and the acquisition goes back to negotiated sale. In such cases, the TIEZA shall pay to the PAPs the difference between the initial payment released by the court and the market value indicated in the OTB. (6) Loss of 10% or For agricultural Gap with respect to Participation in the more of productive tenants and threshold and Livelihood and Income Severity of or income sources sharecroppers: requirement for Restoration Program for Impact on (e.g. farmland, livelihood restoration those whose productive
3 In cases when the original owner, whose name is on the title, has already died and did not leave any last testament as to who will inherit his property, the heirs have to undergo extra judicial settlement (EJS) so that the original title can be subdivided among them. Otherwise the agency tasked to acquire ROW cannot compensate them. 4 This can be achieved through early issuance of the Notice of Taking to property owners.
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Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws productive business/ shop) is Financial assistance for all cases resources are resources after entitled to assistance experiencing loss of permanently affected by which livelihood equivalent to the productive resources. 10% or more. rehabilitation restoration average gross assistance is assistance harvest for the last required. three (3) years and not less than P15,000 per hectare (EO 1035).
For agricultural lessees: Entitled to disturbance compensation equivalent to five times the average gross harvests on his/her landholding during the last five preceding calendar years (R.A. 6389) (7) If the residual No specific law No current Government If the residual portion is portion is 20% or prescribes policy on this issue. 20% or less or if the Severity of less or if the acquisition of residual portion is no loss of residual portion is rEMining unviable longer viable for use property after no longer viable portion of the according to original which the for use according acquired property.5 purpose, the entire entire property to original property will be acquired will be purpose, the entire taking also the wishes of acquired. property will be the PAP into acquired. consideration. (8) The Requirements for ADB guidelines are Income restoration and borrower/client will supplementary more specific regarding livelihood improvement Income include detailed assistance or objectives of restoring measures need to be restoration and measures for training to certain income earning capacity designed in consultation livelihood income restoration categories of PAPs. and include those whose with PAPs and be improvement and livelihood However, the income generation adequately resourced to improvement of requirements do resources are severely restore income earning displaced persons not have specific affected. capacity of all PAPs in the resettlement objectives to whose livelihoods are plan. Income restore income affected and improve sources and earning capacity income earning capacity livelihoods and are limited in of vulnerable PAPs. affected by project scope and The effectiveness of the activities will be application. income restoration and restored to pre- Nonetheless, IRR livelihood improvement project levels, and of R.A. 10752 activities will be the borrower/client states that monitored and will make every government reviewed. attempt to improve appropriations the incomes of should be available
5 The DPWH Land Acquisition Resettlement Rehabilitation and Indigenous Peoples Policy (LARRIPP) 3rd Ed. Series 0f 2007 provides that if portion of the property to be affected is more than 20% of the total land area or even less than 20% if the remaining portion is no longer economically viable or it will no longer function as intended. The owner of this property (land or structures, etc.) shall be entitled to full compensation in accordance to RA 8974. The DPWH LARRIPP 2007 is dated, being based on RA 8974, which has been superseded by R.A. 10752.
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Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws displaced persons to implement the so that they can cost of benefit from the development and project. For implementation of vulnerable resettlement persons and projects, and may households include livelihood affected, the restoration and resettlement plan improvement will include activities. measures to provide extra assistance so that they can improve their incomes in comparison with pre-project levels. The resettlement plan will specify the income and livelihoods restoration strategy, the institutional arrangements, the monitoring and reporting framework, the budget, and the time-bound implementation schedule. (9) In the case of Section 10(c) of Although there are no Transitional support physically R.A. 10752 specific laws and during the period while Transitional displaced persons, provides that the guidelines which PAPs are resettling and assistance and provide transitional cost of mention the re-establishing their compensation support and development and transition entitlements livelihoods will be for lost development implementation of relating to this it may be provided aimed at income. assistance, such resettlement lumped under “livelihood stabilizing their living as land projects covered by restoration and standards. development, the Act, including improvement and other credit facilities, planning, social activities under the Cash compensation to training, or preparation, and resettlement action plan” cover income losses employment other activities as provided by the latest during transition period opportunities; and under the ROW law and its IRR. corresponding to opportunities to resettlement action In the Philippine laws, stoppage of derive appropriate plan shall be there is no provision for business/commercial development provided adequate compensation for loss of activities, but not benefits from the appropriation to income for medium to exceeding six-month project. cover the funds large businesses. period. For PAPs who needed for such. are owners of medium In cases where to large commercial land acquisition Section 15 of the establishments built affects commercial IRR of R.A. 10752 inside own affected structures, further states that property: affected business when necessary • Acquire the property owners are the development but allow the owner of entitled to (i) the cost described the structure and costs of above may include business use of the land
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Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws reestablishing land development for a defined period to commercial and housing give the owner time to activities construction, transfer, subject to elsewhere; (ii) the provision of basic agreement on a case to net income lost services and case basis; during the community • • Cash compensation to transition period; facilities, livelihood cover transactional (e.g., and (iii) the costs restoration and permitting) cost of of transferring and improvement and reestablishing the reinstalling plant, other activities business; and machinery, or under the • • Assistance in securing other equipment. resettlement action soft loan to enable self- plan in coordination rehabilitation for those with concerned restarting business government elsewhere. agencies. PAPs who are owners of commercial Executive Order establishments and are No. 1035 provides leasing space from for (1) financial property owners assistance to • For those who will displaced tenants, continue with their cultural minorities commercial activities and settlers elsewhere, rental equivalent to the subsidy for three (3) average annual months based on gross harvest for prevailing average the last 3 years and monthly rental for a not less than similar structure of equal P15,000 per type and dimension to hectare, and (2) the property being disturbance leased. Not applicable compensation to to lease contracts that agricultural lessees will expire within three equivalent to 5 (3) months at the time of times the average taking; gross harvest • Cash compensation during the last 5 to cover transactional years. (e.g., permitting) cost of Section 7 of RA reestablishing the 6389 provides for business elsewhere; disturbance PAPs who are owners compensation for of micro and small agricultural lessees businesses with or equivalent to 5 without permits from the times the average LGU concerned: gross harvest in the last 5 years. • Cash compensation to cover income losses
during transition period For PAPs whose corresponding to structures are stoppage of business severely affected activities, but not and business / exceeding six-month income will be period; affected, the Cash compensation DPWH LARRIP • to cover transactional (2003) provides for (e.g., permitting) cost of rehabilitation reestablishing the assistance with an
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Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws amount not more industry elsewhere; than P15,000 • Assistance in (based on the tax securing soft loan to record for the enable self-rehabilitation business activities) for those restarting business elsewhere. • Participation in the Livelihood Restoration and Improvement Program • For PAPs who are leasing space from property owners who can 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.
PAPs who are employed in displaced commercial or industrial establishment losing job due to closure of business or laying off as a result of minimized operation. (10) ADB Policy is to The NEDA ICC Accessibility of the RP to The RP shall be make the RP does not require stakeholders. prepared and accessible Disclosure of accessible to the the RP to be made to the public through the the RP Public through its available to public. ADB and TIEZA website before websites. Loan Agreement. Salient information from the RP will be disclosed to APs prior to and following finalization during stakeholder consultation meetings. (11) Appropriate and Republic Act 9285 ADR system is An effective and accessible (Alternative Dispute promoted by RA 9285 accessible grievance Grievance grievance Resolution but it does not stipulate redress mechanism will redress mechanisms must (ADR)Act of 2004) the grievance redress be established for the mechanism be established for was meant to mechanism. There are project to resolve the affected promote alternative no specific laws that disputes outside the people and their mechanisms stipulate the grievance judicial system. Prior to communities resolve disputes redress mechanisms in start of right-of-way outside judicial the Philippines.6 acquisition7 (ROWA),
6 In terms of guidelines, Section 3.4 Tracking and Monitoring Implementation of Grievance procedures of the DPWH LAPRAP Tracking Manual of 2003 may be used as reference. 7 Onset is marked by the sending of the Notice of Taking by TIEZA.
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Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws litigation, and to TIEZA will establish a provide the means help desk at each city/ for using ADR as municipality to address an effective tool. the concerns of PAPs ADR system pertaining to RAP and adopts such ROWA. Each help desk measures as must be established mediation, immediately before the conciliation, sending of the Notice of arbitration, or any Taking to PAPs by combination of it to TIEZA. A database of achieve speedy PAPs’ concerns, actions and efficient means taken, referrals made, of resolving cases and resolution status of pending before all said concerns shall be courts. developed and maintained by TIEZA. Once the ROWA commences, GRM is triggered and the help desk, in coordination with the RIMT shall serve as recipient and database manager of grievances filed. (12) Affected people Requirement under No specific requirement A census and are to be identified R.A. 7279 and its for cut-off date. socioeconomic survey is Establishment and recorded as IRR for LGUs to conducted for the of cut-off date early as possible conduct inventory affected areas to for eligibility to in order to of their ISFs. The prepare the RAP. entitlements. establish their conduct of survey eligibility through and tagging are For informal settlers, the an initial baseline established cut-off date is set on the survey (including practice by the beginning date of the population census, Urban Poor Affairs census and tagging. asset inventory, Office (UPAO). and The cut-off date is socioeconomic Section 4 of the publically disclosed survey). IRR for Registration during the first The of Socialized stakeholder consultation borrower/client will Housing meeting in the project establish a cut-off Beneficiaries states affected areas. date for eligibility. that the Information city/municipal Date of Notice of Taking regarding the cut- government shall will be the cut-off date off date will be be primarily for formal property documented and responsible for owners. disseminated carrying out the throughout the registration of project area. underprivileged and homeless families within their respective jurisdictions. (13) For projects with Not required Requirement for external The IA will engage significant monitoring of projects qualified experts to External involuntary with significant impacts. conduct external monitoring resettlement monitoring of impacts, the implementation of the
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Issues ADB SPS (2009) Laws of the Gaps between ADB's Gap Filling Measures Philippines SPS and Government Laws borrower/client will RAP. retain qualified and experienced experts to conduct external monitoring. (14) Voluntary donation Voluntary land Voluntary land donations Voluntary donation will will be an act of donations are are a mode of land be an act of informed Voluntary land informed consent permitted. acquisition for the consent and APs/IPs donation and APs/IPs will project. will not be forced to not be forced to donate land or other donate land or assets with coercion or other assets with under duress. Any coercion or under voluntary donation will duress. follow international best practices and be confirmed through written records and verified by an independent third party.
D. Project Principles
75. Project activities are subject to policy principles found in ADB SPS (2009). In the event that disparity arises between implementation and the principles provided below, a corrective action plan shall be developed that restores compliance and adherence with both ADB SPS (2009) and applicable legislation of the Republic of the Philippines.
76. To complement the gap analysis results, key principles that require special attention for the Project include the following resettlement policu principles of the project:
a. Land acquisition and involuntary resettlement will be avoided where feasible, or minimized, by identifying possible alternative project designs that have the least adverse impact on the communities in the project area. b. Conduct meaningful consultations with PAPs to solicit their participation across the project cycle to avoid adverse impacts or when avoidance is not possible, to minimize, mitigate, or compensate for such effects. c. Where displacement of households and/or business enterprises is unavoidable, all eligible PAPs losing assets, livelihood, or resources as of the cut-off date will be fully compensated and assisted so that they can improve, or at least restore, their pre-project standards of living or their former economic conditions through (i) land- based resettlement strategies or cash compensation; (ii) prompt replacement of assets with equal or higher value; and (iii) prompt compensation at full replacement cost for lost assets that cannot be restored. d. PAPs who have no recognizable rights or claims to the land that they are occupying, (e.g. informal dwellers/squatters), are entitled to compensation for loss of non-land assets at replacement cost and various options of rehabilitation assistance. Particular attention will be paid to women headed household, the elderly and other vulnerable persons. e. PAPs partially affected by land acquisition will not be left with residual portions that would not be viable for continued use for the original purpose. PAPs whose land or
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structure is partially acquired will have the option for the entire lot or structure to be acquired if the residual portion is not viable for continued use. f. Where a host community is affected by the development of a resettlement site in that community, the host community shall be consulted on resettlement planning and decision- making. All attempts shall be made to minimize the adverse impacts of resettlement upon host communities. g. Compensation for affected land and assets shall be based on replacement cost. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued; (iii) transitional and restoration costs; and (v) other applicable payments. Any costs related to registration, lease agreements and any additional taxes, document stamps and duties are not to be charged to the PAH. h. Land acquisition, resettlement, and related action plans will be conceived of as part of the project and related costs will be included in and financed out of the project cost from the government counterpart. i. The RAP as approved by ADB will be disclosed by TIEZA to the public through the following means: posting of approved RAP on TIEZA and ADB websites and distribution to concerned LGUs. j. Civil works will not commence until (a) compensation has been paid in full and income recovery initiatives have commenced, (b) the LGU of Coron has cleared the area in a timely manner and (c) the area is free from any encumbrances. k. Monitor implementation of this RAP; monitor and assess resettlement outcomes, their impacts on the standards of living of PAPs. Disclose monitoring reports as uploaded on to ADB and TIEZA websites; and to the project sites specifically the affected communities/persons, in summary form. l. Should unanticipated involuntary resettlement impacts be determined during project implementation, TIEZA will ensure the conduct of a social impact assessment and update this PRAP or development of a corrective action plan.
77. As a community development measure, PAHs shall be prioritized to work for the project construction contractors. The Implementing Agency (IA) will discuss with settlement leaders and the Works contractor to facilitate the mechanism.
78. TIEZA will ensure that the compensation for affected households will be provided and completed in accordance with ADB requirements and government regulations. Where there are gaps between ADB SPS (2009) and government regulations, the more stringent requirements will be implemented and shall prevail.
VII. PROJECT ENTITLEMENTS
79. Only persons and organizations with fixed assets and sources of income in subproject COI at the time of the cut off date are eligible to receive project entitlements.
80. There are three types of PAPs (i) legal owners and holders of title; (ii) those who do not currently possess legal titles but have legal rights to the land or have claimed to have those rights, including customary rights; and (iii) those who do not have any recognizable rights to land.
81. Eligibility will be determined with regards to the cut-off date, which is determined during the census of PAPs and the inventory of losses of PAP’s land and/or non-land assets. The Project
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Team has announced the cut-off date (6 November 2020) and announcement of it has been posted in Barangay offices as per TIEZA letter (Annex C.2). Any persons who settle in the project sites after the cut-off date will not be entitled to compensation and assistance under the Project. The Entitlement Matrix has been developed to mitigate project impacts and is provided in Table VII.1.
82. Additional categories have been reserved in the entitlement matrix in case they are needed for due to missing information on 15 PAHs. The final figures for each entitlement category will be verified during DMS/SES at RAP update stage.
Table VII-1: Preliminary Entitlement Matrix Type of Loss No. of Eligibility Compensation/Entitlements PAHs I. LAND 1 PAH 1a. PAHs with Original ▪ Cash Compensation for loss of Certificate of Title entire land at full replacement Permanent impact (OCT), Transfer cost computed at current Certificate of Title market value, free of taxes, (Classified as (TCT), Holders of including capital gains tax Agricultural, Residential, emancipation patent (CGT), documentary stamps Commercial/Industrial) (EP), Certificate of tax (DST), transfer tax, and Land Ownership registration fees, except Real Award (CLOA) or by Property Tax (RPT) arrears. customary law (e.g. ▪ For severely affected (More possessory rights, than 10% of the total productive usufruct, etc.) landholding (income 9 PAHs 1b. For untitled land, generating) is lost or where less PAHs with (a) Real than 10% lost but the remaining Estate Tax Receipt or land holding becomes Declaration showing economically unviable): his/her, and his/her 1) Preference will be to land predecessors’ open for land will be provided and continuous in terms of a new parcel possession of the of land of equivalent property for at least 30 productivity and location, years, (b) a as acceptable to PAHs. certification from the 2) Participation to livelihood DENR that the land is and income restoration alienable and program (LIRP). Details disposable, and (c) of LIRP to be defined other documents that during DMS based on may show proof of detailed consultations ownership (RA 10752) with PAPs. 1c. PAHs who are not original holders of land For PAHs with existing claims, under CA 141 or the LGU to verify tax declaration acquisition of land is documentation during DMS not through gratuitous stage. title
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs 5 PAHs 1d. PAHs who were former ISFs and government socialized housing program beneficiaries whose titles are still under the name of the organization 1e PAHs who are ▪ Same as above (1a), but no original patent holders compensation for land up to 20 of lands granted meters’ width if patent was through granted prior to 1975, and up to Commonwealth Act 60 meters’ width for patents (C.A.) No. 141 and the granted thereafter (as per CA land has not been 141)8. subjected to previous ▪ In excess of government lien, government exercise follow other entitlements for 1a. of its lien 1f. PAHs whose ▪ Same as above (1a), but check properties are payment will be split into as mortgaged follows: 1. For mortgagee PAPs – Full replacement cost for existing assets as defined above, less remaining amortization. 2. For Mortgagor – Remaining amortization amount, computed based on original amount of principal, less interests for remaining amortization period. LGU will support preparation of Memorandum of Agreement between PAH and the Mortgagor.
OR
▪ Full replacement cost for existing assets as defined above. ▪ Support for organizing new loan or refinancing of an existing loan from Community Mortgage Program (CMP),
8 For example, if the affected land was granted through CA 141 prior to 1975 and the land to be acquired for the project right of way is a strip of land up to 20m wide then the PAP would not be entitled to compensation for this part of the land. If, however, the land to be acquired from the same parcel and owner is wider than 20m (say 50m) then the PAP would be entitled to compensation for any area over the 20m width (in this case width of 30m) provided other required conditions are met. For land granted through CA 141 after 1975, then 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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Type of Loss No. of Eligibility Compensation/Entitlements PAHs DBP, Landbank, PNB or other private banks, or ▪ Support for refinancing of an existing loan.
8 PAHs 1g. PAHs without any ▪ No compensation for land, but legal rights compensation for affected non- land assets and improvements at full replacement cost. ▪ PAHs who are professional squatters or member of squatting syndicates, as defined in section 3 of RA 7279, and who are certified by HUDCC and or other Government Agency (PNR, LGU among others) as such will not be eligible for compensation. Temporary impacts To be 1h. PAHs who have a ▪ Contractors will be responsible determined full title such as OCT, for paying rental at prevailing During construction (e.g., (TBD) TCT, EP, CLOA, rental rates in the location of the for use as access road, for customary law (e.g. property. soil dumping, borrow sites possessory rights, ▪ Restoration of land will also be and contractor’s camp, etc.) usufruct, etc.). or the responsibility of the acceptable proof of contractors. ownership ▪ Restoration of land to pre- project level conditions or better within 3 months of completion of use. ▪ The project will provide for crossings and continued access. Implementation Considerations: ▪ If the original patent granted under CA 141 has been subject to Government exercise or lien, it cannot be subject to lien a subsequent time. ▪ Non-viability of remaining portion will be determined by TIEZA in consultation with the PAH and cleared by ADB. ▪ The land for land option will be considered on a case by case basis considering the potential complexities in transferring titles, in order to ensure that there is not a large gap between acquisitions of land and providing the new parcel of land to the PAH. ▪ TIEZA to notify property owners early during DED and ebfore DMS to enable time to gather necessary paperwork as proof of ownership, and assist owners by facilitating obtaining of documents with assessors office, tax authorities and other local government units. ▪ After parcellary survey, TIEZA to pay 50% of compensation upon execution of the Deed of absolute Sale, and the remaining 50% at the time of issuance of a new title in favor of TIEZA, but complete full payment before displacement/site clearing can begin.
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs ▪ PAHs can request TIEZA 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. PAPs who need to settle RPT arrears of significant amounts will be included in the Livelihood and Income Restoration Program to enable them to rebound from settling arrears and cover the basic needs of the household. In case the market value of PAH impacted land is not enough to cover the tax arrears and penalties, the LGU may consider to have a Ratified Ordinance/Resolution for a Real Property Tax Amnesty Program solely for Affected Landowners of Development Projects. ▪ Easement Agreement: 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, the TIEZA may, if the owner voluntarily agree, 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 shall be computed at Current Market Value with owner retaining ownership of said portion of land (Article 630, Chapter 1, R.A. 386/ Civil Code of the Philippines). Replacement cost for improvements will be provided in addition to the market value for land. Land title will note Easement Agreement, and updated to deduct tax and other payment requirement for the land acquired by the project under Easement Agreement. ▪ All new land for PAH from land-to-land swap, OR remaining land in case a portion of land is acquired, will be officially titled at expense of the project II. STRUCTURES 24 PAHs 2a. PAHs who are Partially or fully impacted (also (primary - legal owners with where the structure is not used as Permanent impact full impact) OCT, TCT, EP, CLOA a dwelling by the structure owner) or Tax ▪ Cash compensation for the 4 PAHs Receipt/Declaration affected portion of the structure (secondary that may be legalized to full replacement cost without structures) to full title deduction for depreciation or salvaged materials. AND Fully impacted PAHs, including ▪ In cases where full structure is encroachers, who impacted, it is not viable for legally own structures use after impact or there is no or improvements upon space for on-site relocation, presentation of proof of AND the affected structure is ownership (e.g., being used as a dwelling by the certification from the structure owner: (1) assisted- concerned barangay in resettlement without deduction accordance with the for salvaged material, OR (2) IRR for R.A. 10752) cash compensation for the regardless of whether entire structure at full the structure is used as replacement cost without a dwelling by the deduction for depreciation or structure owner. salvaged material for self- relocation, will be provided as AND follows:
Option (1) Resettlement Site: PAHs who legally own (i) Option to resettle in LGU structures and were relocation site 1 at: (a) former ISFs, but now Poblacion 6, (b) Guadalupe, hold title of land (c) Decalachao, or (d) through government Tagumpay with comparable access to employment and
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs socialized housing production opportunities with a programs fully-developed residential house, townhouse or condominium unit built to national minimum standard as defined by HUDCC, depending on the PAH. (ii) Rental subsidy equivalent to 12 months of rental payment for an alternative dwelling at prevailing rates with sufficient space for all PAPs during construction of relocation site. The support will be provided until permanent structure is ready to move-in. (iii) Cash compensation to cover the cost of reconnecting utilities such as water, sewerage, electricity and internet. (iv) Choice of cash assistance to transport belongings to new location or LGU to arrange suitable and appropriate transport. (v) Sustenance allowance during relocation based on actual conditions and duration for individual relocation, but a minimum of six (6) days based on 150 PHP/person/day or a food parcel of equal or greater amount (as determined by TIEZA). (vi) Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs.
OR
Option (2) Self-relocation assistance: (i) Rental subsidy equivalent to 5 months of rental payment for an alternative dwelling at prevailing rates with sufficient space for all PAPs. (ii) Cash compensation to cover the cost of reconnecting
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs utilities such as water, sewerage, electricity and internet. (iii) Choice of cash assistance to transport belongings to new location or LGU to arrange suitable and appropriate transport. (iv) Sustenance allowance during relocation based on actual conditions and duration for individual relocation, but a minimum of six (6) days based on 150 PHP/person/day or a food parcel of equal or greater amount (as determined by TIEZA). (v) Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. (vi) Assistance to find a viable location for self-relocation as part of self-relocation plan to be completed with LGU.
AND, if needed:
(vii) Support for organizing new loan or refinancing of an existing housing loan from Community Mortgage Program (CMP), DBP, Landbank, PNB or other private banks, or (viii) Support for refinancing of an existing housing loan. 2b. PAHs who are ▪ No compensation for Renters and Rent-Free structures. Occupants 9 of ▪ Choice of cash assistance to Dwelling Structures transport belongings to new location or LGU to arrange suitable and appropriate transport. ▪ Access to public rental housing, when available, to be determined during DMS. ▪ Cash compensation to cover the cost of reconnecting utilities such as water,
9 Rent-free occupants staying with permission in houses owned by others while not paying for official rent (e.g. family members)
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs sewerage, electricity and internet. ▪ Sustenance allowance during relocation based on actual conditions and duration for individual relocation, but a minimum of six (6) based on 150 PHP/person/day or a food parcel of equal or greater amount (as determined by TIEZA). ▪ If completion of the public rental housing accommodation will not be ready in time, temporary accommodation or a rental allowance will be provided equivalent to 5 months of rental payment at prevailing rates with sufficient space for all PAPs. 11 ISFs 2c. Informal Settler Partially impacted Families (ISFs) or ▪ Cash compensation for the PAHs structure owners affected portion of the structure without land titles or to full replacement cost without legal documentation deduction for depreciation or for the structures, who salvaged materials. also are: ▪ Filipino citizens as Fully impacted household head, ▪ In cases where full structure is spouse of household impacted, it is not viable for head or solo parent, use after impact or there is no of legal age, married space for on-site relocation, or single AND the affected structure is ▪ Underprivileged and being used as a dwelling by the homeless, according structure owner: (1) assisted- to Sec 3 of Republic resettlement without deduction Act No. 7279 for salvaged material, OR (2) ▪ Has not been cash compensation for the awarded housing by entire structure at full any project of the replacement cost without government deduction for depreciation or ▪ Not a professional salvaged material for self- squatter or member relocation, will be provided as of a squatting follows: syndicate Option (1) Resettlement Site: (i) Option to resettle in LGU relocation site 1 at: (a) Poblacion 6, (b) Guadalupe, (c) Decalachao, or (d) Tagumpay with comparable access to employment and production opportunities with a fully-developed residential
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs house, townhouse or condominium unit built to national minimum standard as defined by HUDCC, depending on the PAH. (ii) Rental subsidy equivalent to 12 months of rental payment for an alternative dwelling at prevailing rates with sufficient space for all PAPs during construction of relocation site. (iii) Cash compensation to cover the cost of reconnecting utilities such as water, sewerage, electricity and internet. (iv) Choice of cash assistance to transport belongings to new location or LGU to arrange suitable and appropriate transport. (v) Sustenance allowance during relocation based on actual conditions and duration for individual relocation, but a minimum of six (6) days based on 150 PHP/person/day or a food parcel of equal or greater amount (as determined by TIEZA). (vi) Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs.
OR
Option (2) Self-relocation assistance: (i) Rental subsidy equivalent to 5 months of rental payment for an alternative dwelling at prevailing rates with sufficient space for all PAPs. (ii) Cash compensation to cover the cost of reconnecting utilities such as water, sewerage, electricity and internet. (iii) Choice of cash assistance to transport belongings to new location or LGU to arrange
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs suitable and appropriate transport. (iv) Sustenance allowance during relocation based on actual conditions for individual relocation, but a minimum of six (6) days based on 150 PHP/person/day or a food parcel of equal or greater amount (as determined by TIEZA). (v) Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. (vi) Assistance to find a viable location for self-relocation as part of self-relocation plan to be completed with LGU. Public structures TBD 2d. Structures under ▪ Reconstruction of the social Government Agency/ infrastructure within easy reach Local Government Unit of all users. (LGU) ▪ Compensation between agencies based on mutual agreement. ▪ Suitable and appropriate transportation to be provided inclusive of transportation of belongings. Temporary impacts TBD 2e. PAHs with or ▪ Contractors will be responsible without legal rights to for rebuild and reinstate During construction (e.g., the impacted land temporary structures10. sign posts, extended eaves, • PAH to decide on option to drive-ways, pavement, etc.) either (i) Damaged non-land assets will be paid at replacement cost by the contractors, OR (ii) Contractor to complete restoration of structures to pre-project level conditions or better within 3 months of completion of use. • The project will provide for crossings and continued access. Implementation Considerations:
10 Temporary impacts refer to driveways, pavement and walkway as well as light-weight, removable and easily re- instable extended eaves and umbrellas, and sign posts. The civil works contract as well as EMP will also require the construction contractor to reinstate all public structures as well as temporary and removable private structures within the COI to their pre-project condition after the Works is completed.
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs ▪ Partial impact on affected kitchens and toilets associated with primary structures (necessary secondary structures) with no space for shifting or rebuilding the assets on site will be considered as full impact due to the unviability of the primary structure for continued living. ▪ If compensation in cash is provided for on-site replacement of a necessary secondary structure (kitchen or toilet), then close monitoring is to be provided to ensure that a replacement structure is built. Replacement necessary secondary structures are to be built before demolition of the original structures. ▪ Any fees required to be paid to community organizers to set up communities to borrow for socialized housing will be paid by TIEZA. ▪ The amount of the rental subsidy by locality will be determined by TIEZA through the replacement cost study. ▪ Payment of compensation for structures and improvements may, upon the request of PAPs, be either: a. Fully paid in cash; or b. Used as an advance payment for their housing loan amortizations. ▪ PAP’s preference based on the above shall be stipulated in the respective Agreement to Demolish and Remove Improvement (ADRI). To ensure that funds are available until PAPs are relocated, TIEZA shall make the necessary arrangements with the Land Bank or equivalent, so that a trust fund can be set up for this purpose. ▪ The amount of food allowance will be reviewed during preparation of the updated RAP and during implementation and may be adjusted as needed to maintain the value in real terms. ▪ For cases where PAPs are required to avail of rental subsidy assistance while awaiting completion of shifting of housing or completion of new permanent houses, assistance to transport belongings will be provided both at time of initial displacement to temporary accommodation as well as to final housing location when it is completed. ▪ Site clearance instructions: At least thirty (30) days’ notice is issued prior to the date of eviction or demolition. PAPs will not be responsible for demolition of structures. However, PAPs may be allowed to self-demolish their structures where safe to do so to enable them to preserve materials that still have salvage value. Procedures and requirements regarding self-demolition will be set out in the updated RAP. For Government, operated demolition the presence of ADB and local government officials, or their representatives, during eviction or demolition to be ensured, and proper identification of all persons taking part in the demolition. Execution of eviction or demolition to be done only during regular office hours from Mondays to Fridays and during good weather. No use of heavy equipment for demolition except for structures that are permanent and of concrete materials. Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures. III. CROPS, TREES, 8 PAHs 3a. Owners of crops, ▪ Cash compensation for crops, PERENNIALS and fruit and timber trees, and perennials at current trees (regardless of market full replacement cost at ownership status of harvest time. affected land). Implementation Considerations: ▪ The determination of replacement cost of trees will take in to 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 (for fruit trees) or Department of Environment and Natural Resources (DENR) for timber trees. ▪ All individual trees are to be counted and geo-tagged during DMS for the Application of Cutting Permits with DENR for the Timber and Fruits Trees, and Cutting Permit with PCA Philippine Coconut Authority for the Cutting of Coconut Trees, if any. ▪ Coordination with land owners to advise them regarding the schedule of clearing. IV. INCOME LOSS Micro-and 4a. PAHs who own ▪ For registered businesses, small micro business or cash compensation for business & small shops (e.g., Sari- temporary income losses small shops sari store, carinderia, during transition period
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs food stand, boarding corresponding to stoppage of 1 PAHs house / rooms for rent, business activities, minimum (temporary repair shop, etc.) with of one month and not to impact) or without permits from exceed six months, based on the LGU concerned the latest copy of the PAP‘s Tax record for the period corresponding to the stoppage of business activities. If business activity stoppage is longer than 3 months then a full payment of 6 months’ transitional compensation is to be made. ▪ For unregistered businesses without tax records, income losses as based on evidence, or otherwise as per estimated values of monthly income losses for various categories of micro-businesses to be determined by Replacement Cost Study. ▪ If business disruption is longer than 6 months, the impact is considered as permanent. For permanent income losses, cash compensation for maximum 18 months will be provided to re-establish business elsewhere. ▪ Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business elsewhere. ▪ For permanent impact, choice of cash assistance to transport belongings to new location or LGU to arrange transport. ▪ For permanent loss of business, participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. ▪ For PAHs relocated, or who are leasing space from property owners and who will continue with their micro-small business activities elsewhere, rental subsidy for three (3) months based on prevailing average monthly rental at the new business location for a
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs similar structure of equal type and dimension to the property being leased. Vendors 4b. Vendors with no ▪ Assistance in identification of, stalls / ambulant and transportation to, an vendors/ hawkers with alternative site of equal or without permits from exposure to sales and income the LGU concerned to continue economic activity, e.g. assistance in (a) shifting to areas within the same LGU where there is no construction and/or (b) identify alternative sites to sell as acceptable to the PAH. 4 PAHs 4c. PAHs who own ▪ Cash compensation for small, medium and temporary income losses during large business transition period corresponding establishments and to stoppage of business own the affected activities, minimum of one property month and not to exceed six Medium to 4d. PAHs who own months, based on the latest large medium and large copy of the PAH‘s Tax record for businesses business the period corresponding to the establishments and stoppage of business activities. are leasing/renting If business activity stoppage is space from property longer than 3 months then a full owners payment of 6 months’ transitional compensation is to be made. ▪ If business disruption is longer than 6 months, the impact is considered as permanent. For permanent income losses, cash compensation for maximum 18 months will be provided to re- establish business elsewhere. ▪ Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business elsewhere. ▪ Cash assistance to transport belongings to new location
▪ For PAHs who are owners of medium to large commercial establishments built inside own affected property: Acquire the property and cash compensation at replacement cost, but allow the owner of the structure and business use of the land for a defined period to give the owner time to transfer,
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs subject to agreement on a case to case basis.
▪ For PAHs who are owners of commercial/business entities and are leasing affected space/property and will continue with their commercial and business activities elsewhere, rental subsidy at the new business location for three (3) months based on prevailing average monthly rental for a similar structure of equal type and dimension to the property being leased. TBD 4e. PAPs who are ▪ Cash compensation for net employed in displaced salary for minimum of four (4) commercial, months based on actual wage. agricultural or For PAPs whose income is industrial below or near the minimum establishments and wage, cash compensation for lose their job due to minimum of six (6) months closure of business or based on prevailing minimum laying off as a result of wage. minimized operation, ▪ Participation to livelihood and OR income restoration program PAPs who (LIRP). Details of LIRP to be permanently relocate defined during DMS based on to a place that makes detailed consultations with former wage based PAPs. livelihood opportunities ▪ Provision of skills training in inaccessible and as a anticipation of available job result need to find new positions during construction employment or source and operation of the project. of livelihood ▪ Priority in employment during construction and operation stage of the project. ▪ Provision of skills training in anticipation of available job positions during construction and operation of the project. Priority in employment during construction and operation stage of the project. ▪ Support in finding new employment 4f. PAPs who ▪ Cash compensation for net temporarily are laid off salary for the period of during construction, employment disruption, but but do not need to find minimum of one (1) month new employment or based on prevailing minimum source of livelihood wage.
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs 23 PAHs 4g. PAHs who ▪ Commuting allowance to (employees permanently or project relocated PAPs of an or business temporarily relocate to amount based on additional owners) a place that makes it costs, but not exceeding PHP more expensive to 5,000 per household per month commute to their place for the first six months’ of work and they retain transition period for permanent their employment relocation, and two months for temporary relocation (on-site) during shifting of the primary structure. ▪ Not entitled for net salary compensation. ▪ Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. 1 PAHs PAHs who are ▪ A disturbance compensation (farmers) landowners or lessee equivalent to five times the losing over 10% of average gross harvest for the productive agricultural last five years on the principal land, and who are and secondary crops of the directly engaged in area acquired (as adopted from farming RA.6389). ▪ Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. 5 PAHs PAHs who are land- ▪ Compensation on lost rental (losing and structure owners income for structures and land rental losing rental income rented out at the time of DMS income) due to impact on land for minimum of four (4) months and structures at their rental rate. ▪ In case of permanent impact (longer than 4 months) on rental income, participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. Implementation Considerations: ▪ Cash compensation for net salary compensation inclusive 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. ▪ 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.
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs ▪ Preferred mode of business transition is to set up PAHs at the cost of the project with an alternative but similar business with minimal transition period. Options have to be considered by the PAHs with no delay. ▪ Categories of businesses are based on capitalization and number of employees, with (1) PHP 15,000,000-100,000,000 capitalization and 100-199 employees for medium businesses, and (2) More than PHP 100,000,000 capitalization and over 200 employees for large businesses. In this project, affected enterprises are expected to be only micro and small as defined under Small and Medium Enterprise Development (SMED) Council Resolution No. 01 Series of 2003 dated 16 January 2003. V. VULNERABILITY 24 PAHs PAHs who are In addition to applicable classified as any of the compensation provided under I. - following vulnerable IV.: groups: poor or near- ▪ Inconvenience allowance in the poor (based on the amount equivalent to PHP poverty income 10,000 per household. threshold), elderly and ▪ For the families with persons solo parent-headed who need special assistance households, and and/or medical care, respective persons with LGUs to provide nurses or disabilities. social workers to help them before and during the resettlement activity. ▪ Rehabilitation assistance in the form of vocational training and other development activities with the value of up to PhP 15,000 will be provided in coordination with other government agencies. participation to livelihood and income restoration program. ▪ Special assistance for supporting removal of belongings during one day for relocated vulnerable PAHs/PAPs at 400 PhP / day / assistant for two assistants. ▪ Support and/or maintain access to government welfare programs. ▪ Participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs. VI. TEMPORARY TBD PAPs without legal ▪ Compensation for affected IMPACTS DUE TO rights to affected land non-land assets at full CONSTRUCTION but owners of affected replacement cost non-land assets. commensurate with rates set (to be assessed during out in the resettlement plan construction) and based on prevailing rates at the time of impact. ▪ Cash payment for rent of the affected land at prevailing rental
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs rates in the location of the property until the property is restored. Implementation Considerations: ▪ Near-poor PAHs to be identified during DMS/SES with flexibility based on individual PAH socio- economic condition and uncertainty caused by Covid-19 pandemic, with a principle of project to provide overall poverty reduction. ▪ Amount for Inconvenience allowance and Rehabilitation assistance to be re-assessed during DMS/SES for suitability and increased if necessary. Rehabilitation assistance (LIRP) to be increased on case-by-case basis depending on the number of PAPs participating in vocational training / PAH, and the type of courses taken by PAPs. ▪ Contractors will be responsible for the arrangement and payment of land rent, restoration of land and compensation for non-land assets and lost income caused directly by contractors renting land for storage or workers camps. ▪ Temporary impacts due to construction will be monitored and reported as part of monitoring of the Environment Management Plan. VII. UNANTICIPATED TBD Eligible affected ▪ Entitlements will be prepared in IMPACTS persons accordance with the ADB Safeguard Policy Statement and applicable national laws and regulations (including requirements for preparation of corrective action plan and other related documents for ADB approval), and the Environmental Management Plan (EMP) of the approved Environmental Impact Statement (EIS). ▪ In the event that the residual community will lose access due to the project, TIEZA shall either maintain access or acquire the remaining land. Any additional land acquisition (including all affected structures, improvements and crops therein) as a result of land lock, provision of access, and/or required setback shall be compensated similarly as provided for in this entitlement matrix. Likewise, families and businesses that will be displaced as a result of land lock or provision of access road or required setback shall be eligible to all applicable entitlements and resettlement and/or LIRP provided for in this RAP VIII. EXPROPRIATION 1) An initial compensation at an amount computed at 100% of lot PROCEEDINGS price based on latest Bureau of Internal Revenue (BIR) zonal value for land, replacement cost for structures and improvements,
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Type of Loss No. of Eligibility Compensation/Entitlements PAHs and market value for crops and trees (less any unpaid real property tax and capital gains tax) in the form of a check will be deposited to the court in favor of the owner upon filing of expropriation case by TIEZA. 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 PAPs 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 TIEZA to pay the difference, if any, between initial compensation and the just compensation as determined by the court. 4) At this time, TIEZA will also pay any required taxes and fees (such as notary fees) where applicable with the exception of CGT and any unpaid RPT. 5) If compensation is less than replacement cost, the TIEZA 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. Implementation Considerations: ▪ Based on Rule 17, Section 1 of the 1997 Rules of Court on Civil Procedures, the plaintiff (TIEZA) 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 TIEZA'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 notice or 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 PAP agreed to the negotiated sale, but was unable to gain the necessary documents to show proof of ownership, TIEZA and the PAP may manifest before the court, upon filing of the expropriation case and making the necessary deposit, that the offer amount is not in dispute. TIEZA shall then pursue the case in good faith and pay just compensation to the rightful owner/s as decided by the court. TIEZA will provide assistance to PAPs whose lands will be subjected to Extra Judicial Settlement (EJS). This will be done through the Help Desk that will be established at each LGU prior to the issuance of the Notice of Taking (NoT). Early issuance of the NoT is highly recommended for PAPs to have enough time to complete/progress EJS process prior to issuance of the Letter Offer to Buy, which only gives them 30 days to accept offer, after which expropriation proceedings can commence. If PAPs are unable to complete the EJS before the expropriation proceedings are heard by a court, TIEZA will pay the just compensation as determined by the court, as well as any required taxes including CGT, except for any unpaid RPT.
VIII. RELOCATION OF HOUSING AND SETTLEMENTS
83. As part of the project resettlement policy and entitlements, resettlement assistance will be provided for physical displacement resulting in permanent loss of informal or residential (primary) structures and economic displacement (i.e. for a transition period needed to restore the livelihood and standards of living of PAPs). Economic displacement support and assistance is detailed in Chapter IX.
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84. As preparation, a short (e.g. 2-page) individual relocation plan will be developed with each relocated PAH with support of RCU and PMC. The relocation plan should contain narrative of PAH situation, details of self-relocation, and check list of eligible entitlements. The relocation plan development will be explained in a consultation with relocated PAHs, and implementation of the plan will be monitored during relocation.
85. Assisted relocation can include relocation packages provided by the key shelter agencies (KSAs) for those that are eligible, or government economic and medium cost housing loans and support under the Housing and Urban Development Coordinating Council (HUDCC). Prior to relocation, ample consultations will be provided to PAHs to ensure that their needs are addressed and assisted relocation options are understood, and where applicable relocation site options are presented. In-city relocation (within the same LGU) is preferable to ensure minimal displacement of AHs from their source of income/livelihood. During the DED Stage, PAPs will be consulted on their preferred self-relocation options, based on the information on available self-relocation sites. The implementing agency, in coordination with the KSAs, host and sending LGUs and PAPs, will ensure that no PAH will be forcibly evicted or a structure demolished without prior notice and consultation.
86. A total of 23 PAHs will be physically displaced from their housing. Of this number, 15 PAHs are informal settlers, 5 PAHs may be ISFs pending on their tax declaration claim on land and 3 are formal settler PAHs. They occupy a total of 23 structures.
87. Resettlement assistance options include (1) assisted-resettlement without deduction for salvaged material, OR (2) cash compensation for the entire structure at full replacement cost without deduction for depreciation or salvaged material for self-relocation (details in EM).
88. Coron LGU has identified four (4) resettlement sites (Figure VIII-1). Initially, the sites have been identified in preparation for relocation of ISFs from the coastal zone as part of the Yolanda Housing Project under NHA management. Yolanda Housing Project resettlement site is intended for ISFs of displacement caused by Yoland Tropical Storm. The resettlement options are somewhat limited, hence both ISFs and formal land owns being relocated will be offered the same resettlement sites as options by NHA for relocation. NHA/HUDCC housing standards will be used for the resettlement site housing. Any land acquired for resettlement sites for the STDP will also be subject to the same policies and entitlements set out in this PRAP.
89. The optional sites (Table VIII-1) all are located on unused land without an existing access road. However, they all do have electricity and internet connection close by, whereas as drainage and sewerage needs to be developed. Poblacion 6 resettlement site is developed the furthest with actual site preparation expected to start in first quarter of 2021.
Figure VIII-1: Proposed Coron Relocation Site Locations
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Table VIII-1: Summary of Proposed Coron Relocation Sites No. 1 2 3 4 Name Poblacion 6 Guadalupe Decalachao Tagumpay Total land available at 50,000 50,000 50,000 20,000 site (m2) Current land ownership Public Land Comprehensive (reserved for Agrarian Reform CARP TAX DEC Yolanda Housing Program) Project) Host population size 35 HH/108 household size 20 HH 50 HH None estimate in Sitio (Estimated) (Estimated) Lamod Distance of ISFs at the project site requiring 4 - 6 km 9.8 km 27.9 km 2 km relocation Pob.1 5.85 km Pob.2 5.06 km Pob.3 4.9 km Pob.4 3.4 km Pob.5 4.6 km
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No. 1 2 3 4 Name Poblacion 6 Guadalupe Decalachao Tagumpay Multi-purpose covered 6.67 kms court Day care center 2 kms Elementary school 2 kms MRF 6.14 kms Hospital 2.9 km Evacuation Center 1.8 km Tourist boat mooring 5.24 km facilities
90. The PAPs can also be supported for self-relocation, depending on their preference. Assisted self-relocation include relocation packages provided by the LGU for all eligible PAPs. In this option, PAPs may choose to relocate to their hometown, to a relative with residence close to their current sources of living, to continue renting somewhere near their current location, to return to previously availed socialized housing or to relocate in a permanent dwelling of their choice. The forms of assistance to be provided to APs vary by category of APs but are generally geared towards helping them to self-relocate without financial burden.
91. However, PAPs with low incomes are more susceptible to the impacts of physical displacement, thus (as much as possible) ISF APs who have low incomes will be encouraged to opt for resettlement site or socialized housing over self-relocation as these are a formal and sustainable settlement option that will enable improvement of their living conditions. On the other hand, PAPs who are not low income and who may have sufficient, stable and permanent source of income in their current location must be provided the option to stay where they deem most convenient to them so they may quickly recover and continue to enjoy their financial stability even after displacement. During preparation of the DED stage RAP, further analysis and consultations with low income ISF households will be undertaken ensure that the offered self relocation option is suitable and appropriate to provide a viable relocation option.
IX. INCOME RESTORATION AND REHABILITATION
92. Livelihood and income restoration program (LIRP) should include all eligible PAPs who are engaged in land-based income activities, enterprise-based livelihood and wage-based occupation, are relocated or classified as vulnerable PAHs. Total of 32 PAHs/135 PAPs are eligible for LIRP, as summarized in Table IX.1. The current number of eligible participants for LIRP are based on the number of household members identified for LIRP based on IOL survey and SES sample. The exact number needs to be verified based on DMS/SES during RAP update.
Table IX-1: Affected Households Eligible for LIRP Total* No Type of loss PAHs PAPs Loss of primary residence leading to relocation 1 23 123 to resettlement site or self-relocation 2 Permanent business disruption 4 21 3 Income loss due to loss of land rental 5 10
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PAHs losing more than 10% of agricultural land 4 1 n/a or access to productive land 5 PAHs permanently losing rental income 5 10 6 Vulnerable PAHs 24 123 Total PAHs/PAPs eligible for LIRP (without double 32 135 counting) * Note: Number reflecting total number of individual PAH eligible for LIRP fulfilling one or more eligibility criteria. Some PAH fulfill more than one kind of eligibility criteria.
93. All PAPs eligible for LIRP, after due meaningful consultation with them, shall be provided with assistance based on identification of their needs and opportunities for economic activity. They will also qualify for the following depending on their individual situation: loss of business income, transitional support and livelihood restoration assistance. The project will restore livelihoods for wage-based PAPs and those who are entrepreneurs with the help of allowances and LIRP provided by the project. Also, Household heads and their spouses (if any) or other members of the household will be eligible to attend Financial Management Training to help them manage, invest and use prudently the compensation that their family will receive from the Project.
94. The Project LIRP for PAPs shall be focused on employment and Entrepreneurial Development Skills Training Program, with starter kits and job referral interventions. PAPs are entitled to be assisted in the form of Skills Training with a set and agreed Daily Training Allowance and starter kits per Project Affected Household (PAHs). This amount is to be provided in coordination with the LGUs through Local Inter-Agency Committee (LIAC).
95. Another support to be provided to PAPs, under the Group Assistance and Material Support, are the (i) formation of People’s Organization (PO); (ii) cooperative and capacity- building; and (iii) seed capital has to be set for the registered PO or cooperative. These entitlements are to be coordinated also with LGUs through LIAC. The PAPs’ spouses and household members of legal age who do not have any income may be entitled to be part of the group assistance, depending on the final arrangements
96. Livelihood Market Assessment (LMA) need to be conducted during the DED Stage in consultations with the LGUs and several business establishments. Both the demand and supply sides will be analyzed to determine the type and categories of employment and enterprises that would be provided to the PAPs and their families.
1. LIRP Approach and Strategy
97. Based on the results and findings, the priorities have to be formulated and developed into a LIRP. A detailed LIRP will be developed based on DMS/SES and consultations during update of RAP following the approach detailed in this PRAP. a. Approach
98. Community-Based Approach (CBA). CBA provides an approach where PAPs play an active role and participate in bringing up and addressing the issues and concerns that matter to their livelihoods the most. Since they are the project’s affected individuals, the PAPs also need to participate in all decisions on the kind of skills training courses they intend to attend, and the type of livelihood support they wish to have. The most vulnerable among the PAPs (i.e. the PWD, the elderly, and female-headed households) must be given more attention so they are not left behind
35 in any progress. Their voices need to be heard, and they must be involved in livelihood training and other related activities.
99. Community-led Development Approach. This refers to the process of working together to create and realize locally-owned visions and goals. Since the livelihoods of PAPs eligible for LIRP are seriously affected, they are the very ones who should formally initiate and then organize themselves as groups to restore, develop, and sustain their livelihoods. They have the opportunity to plan, implement, monitor and evaluate their organization as well as their livelihood projects and activities. The role of government and civil society organizations is mainly being to support project implementation and capacity-building of the established Community-Based Organization (CBO). b. Phases and Classifications
100. Under the LIRP, two phases with three classifications will be implemented (Table IX.2). In Phase 1, as for pre-relocation, (i) immediate support will be embarked. In Phase 2, as for post- relocation, (ii) short- to medium-term assistance and (iii) long-term restoration interventions are to be followed for livelihood and development-related undertakings.
Table IX-2: LIRP Phases and Classifications Phase Description Classification Pre-displacement (prior to 1 a. Immediate Support displacement of eligible PAPs) b. Short to Medium-Term Assistance Post-displacement (after 2 c. Long-Term Restoration and displacement of eligible PAPs) Development Intervention
101. In Phase 1, prior to the PAPs’ displacement, preventive measures will be done to mitigate or avoid any disruption of their income. Correspondingly, social preparation, community mobilization, and values formation will be done at this level. Under this phase, the hiring of workers within the requirements of the STDP infrastructure construction will be facilitated. The LIRP Phase 2 will be carried out upon the PAPs’ are displaced. The PAPs’ skills on employment and enterprise will be developed further through the provision of training and development programs from the government. Job matching and business referrals will be undertaken. The formation and capacity- building of Community-Based Organizations (CBOs) for livelihood purposes as a long-term development intervention will be put into effect under the LGU.
c. Major Activities and Involved Agencies
102. The LIRP will have several major activities that need to be executed as soon as both the LGU, together with key line government entities, agree on the timetable of the project’s implementation. Short- and Medium-Term Assistance is focused on maintaining household at their pre-project income level by simultaneously providing project subsidies to support the PAH while they are still learning new ways to generate income. The Table IX.3 summarizes the LIRP’s phases and classifications together with the major activities under each phase.
Table IX-3: Major Activities under LIRP Phases and Classifications Phase Classification Major Activities One Orientation on social preparation and community a. Immediate (Pre- mobilization for livelihood restoration Support displacement) Immediate job hiring for STDP construction works
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Phase Classification Major Activities Financial literacy seminar and entrepreneurial assessment Income restoration category selection b. Short- to Employment assistance track Medium-Term • Job Skills Training and Job Referral Assistance Enterprise development track • Entrepreneurial Skills Training with Starter Kit • Assistance to Secure Soft Loans from the Government Community-managed Multi-Purpose Services Two Cooperative Formation and Development (Post- 1) Pre-Membership Seminar displacement) 2) Constitution and By-Laws (CBL) formulation 3) Registration with Government Agency c. Long-Term 4) Three (3) year strategic Planning Workshop Restoration and 5) Year 1 Action Planning Development 6) Human resources and outsourcing services Intervention planning workshop
7) Organizational development training and planning workshop 8) Operations, financial and marketing management training/workshop Building partnership and marketing endeavors
2. LIRP Activities with the Government’s Support
103. Orientation on Social Preparation and Community Mobilization for Livelihood Restoration. The LIRP will have to begin with orienting the legitimate PAPs on social preparation and community mobilization towards livelihood restoration. During this period, the involved agencies will introduce the essence of community-managed livelihood services to the PAPs. The expected outcome is for the PAPs to consider taking the initiative in the formation of a Community- Based Organization for livelihood restoration and development. The community of PAPs, both men and women as well vulnerable individuals, should take into consideration of having equal entitlement to livelihood restoration and improvement measures.
104. Immediate Job Hiring for STDP Construction Work. To maximize the participation of PAPs, priority listing and profiling of all project construction works PAPs will be carried out. The project proponent will require the contractors to include such priorities in their contract. Republic Act 6685 provides that contractors for national and local public works projects funded by either the national government or any local government unit, including foreign-assisted projects, must hire at least 50% of the unskilled, and 30% of the skilled labor requirements from the local community in which the project will be undertaken. Priority for employment in construction should be given first to the PAHs before hiring from the outside. Consequently, the contractors are required to prioritize qualified project-affected persons in their manpower requirements. The Table IX.4 below shows some of the expected jobs that would be available in the construction of the project. The two types of workers that would be needed during construction work are the direct and the indirect workers.
Table IX-4: Examples of Expected Jobs During the Construction of Project 1) Direct Workers • Equipment Operator • Safety Officer/First Aider
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(Back hoe, Bulldozer, Transit Mixer) • Scaffolders • Foreman • Steelman • Laborer • Timekeeper/Checker • Leadman per scope of work • Tinsmith • Mason • Welder • Plumber 2) Indirect Workers • Auto CAD Operator • Purchaser • HR/Admin Officer • Security Guard • Messenger • Surveyor • Nurse and Health Aid • Utility Personnel/Cook • Operations Manager • Warehouse Man • Project Engineer/s
105. Financial Literacy Seminar and Entrepreneurial Assessment. On post-displacement of PAPs, the DTI, together with PESO will provide a one-day Financial Literacy Seminar and Entrepreneurial Assessment to eligible PAPs. The objective of the seminar is to raise the awareness of PAPs on savings, expenditures, access to financial services, and investment options. Likewise, each PAP may determine whether he/she is an entrepreneur or not. In this way, an individual may decide whether he/she would be into business or not, or learn more to become a successful entrepreneur. Such one-day seminar will be participated by the household head and their spouse to foster unity and cooperation when engaging in joint decision-making on finances. The Table IX.5 below shows the suggested topics to be discussed in this seminar.
Table IX-5: Proposed Content for Financial Literacy Seminar and Entrepreneurial Assessment • Knowing Your Financial Standing • Letting Your Money Grow/ Intelligent • Savings and Expenditures Investment • The Right Formula of Saving • Financial Fitness Quiz • Family Income and Expenditures • Entrepreneurial Test • Prioritizing Your Expenses
106. Job Skills Training and Job Referral. The Technical Education and Skills Development Authority (TESDA) has a variety of available vocational and technical skills training courses, which could be attended by eligible PAPs. TESDA together with Public Employment Service Office (PESO) shall provide job skills training programs based on courses identified by PAPs. Such courses are aimed at furthering the development of their current skills, or the learning of new skills. Values formation and gender sensitivity topics should be included in the training courses. With the LIRP’s Assistance, the costs of training per individual in this project will be fully covered by the Project. Such an amount includes the training fees, allowance, and loss of income compensation. TESDA may shorten its skills training course by developing its particular modules according to the specific need of PAPs, or follow its available courses with longer days-period. The PESO will be the focal entity for getting information pertaining to Skills Training Program.
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X. RESETTLEMENT BUDGET AND FINANCING PLAN
A. Source of Funds for Resettlement
107. It is confirmed that funds for the LAR will be covered jointly by the ADB and Philippine Government. The ADB will cover 89.3% share of the PRAP financing (Table X-1) and the rest by the Philippine Government.
B. Utilization of Loan Funds for Involuntary Resettlement.
108. Specific measures are included to ensure that sufficient due diligence has been conducted in line with OM Section H3, including considerations of economy and efficiency in utilizing proceeds of the loan and its proper use. Operations Manual section F1 provides a list of items that do not qualify for ADB financing and the specific requirements for borrows in delivering involuntary resettlement safeguards when ADB financing is requested for land acquisition costs and payments of rights-of-way that relate to involuntary resettlement. The safeguards assessment for the use of project proceeds on Involuntary Resettlement costs is provided as appendix H which describes the mitigation measures to be utilized to ensure that the project maintains compliance with ADB requirements.
C. Flow of Funds for Compensation and Cash Assistance
109. Based on the compensation plan, the Resettlement Coordination Unit (see Institutional Arrangements) will handle (among others) the payment of ROW claims and compensation to PAPs. The disbursement of such funds shall at all times be consistent with existing government Accounting and Auditing Guidelines and Procedures.
D. Implementation, Administration and Contingency Costs
110. Administrative costs relative to the implementation of the RAP, in addition to the cost of DMS, RCS, RAP implementing institutions, GRM, information disclosure and monitoring (internal and external), are included in the PRAP budget. Administrative costs, including 4,776,015 PhP (approximately 7%) contingency, is estimated at 6,690,199 PhP (133,804 USD), which will ensure that adequate funds are made available as and when necessary for the efficient and timely implementation of resettlement and for any unanticipated impacts.
111. Budget for PMC resettlement specialists is part of the procurement package for Consulting Engineer.
E. Estimated Cost of Resettlement
112. The estimated cost of resettlement for the subproject is calculated at 70,496,345 PhP (1,409,927 USD). Details of the compensation budget are given in Annex H.
Table X-1: Summary of Compensation Budget I. Compensation Budget, including PhP USD* Allowances Compensation for land 9,403,744 188,075 Compensation for buildings and structures 1,888,000 37,760 Compensation for trees 68,502 1,370
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I. Compensation Budget, including PhP USD* Allowances Resettlement site and Assistance 39,165,900 783,318 Income loss 1,660,000 33,200 Livelihood Restoration and Improvement 720,000 14,400 RAP implementation and monitoring 10,900,000 218,000 (A) Sub-Total 63,806,146 1,276,123 II. Administrative Costs (B) Direct RAP admin costs: 3% of (A) 1,914,184 38,284 (C) Contingency 4,776,015 95,520 (D) Total LARP Budget = (A)+(B)+(C) 70,496,345 1,409,927 * Exchange rate at 50 PhP for 1 USD
XI. INSTITUTIONAL ARRANGEMENTS
113. The Executing Agency of the Project is TIEZA with the overall responsibility for the implementation of the project. The Project Management Unit has been established under the TIEZA and overall supervision of the National Steering Committee. The PMU will be responsible for the supervision and management of the project in compliance with policies outlined in this PRAP towards full implementation, in coordination with other relevant agencies, including the land acquisition and resettlement (LAR) activities. It is also tasked to ensure that funds for the timely implementation of RAP are available and properly accounted for. Figure 9.1 shows the Institutional Framework on Implementing of RAP.
114. The Regional Project Management Office (PMU), under the guidance of the Regional Advisory Board, will provide technical assistance on day-to-day activities for the project, including (i) site preparations, (ii) supervise the consultants undertaking the detailed engineering design, construction drawings and all other related documents, (iii) supervise the agencies and consultants involved in the implementation of this PRAP (and/or other safeguard planning documents) including the ROW clearing and land acquisition processes, (iv) supervise the construction of all civil works, and (v) secure necessary approvals and permits from concerned government agencies, LGUs and other stakeholders.
115. The Local Inter-Agency Committee (LIAC) will be composed of LGU, other related local government departments, City/Municipality and subproject barangays. LIAC has been established already for Yolanda Housing Project (Annex C.3), and can be used for the STDP as well. The LIAC shall cooperate with the PMU to implement and monitor this PRAP. The LIAC will assist in all consultations with PAPs, undertake necessary actions to safeguard the project alignment and sites and prevent the entry of new illegal dwellers, provide assistance in the conduct of social preparation activities, provide assistance in validating PAPs and their assets impacted by the project (including obtaining land ownership documents from relevant authorities), review and assess documentary requirements submitted, assist RCU in the payment of compensation/entitlements to PAPs, and monitoring and implementing ROW acquisition, resettlement and GRM.
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116. Other relevant government agencies may be tapped to provide livelihood and income restoration program, including Technical and Skills Development Authority (TESDA), and the Department of Social Welfare and Development (DSWD), Department of Labor and Employment (DOLE), Department of Trade and Industry (DTI), Public Employment Service Office (PESO) and other agencies with related programs and experience.
117. The LIAC will be formed through a Memorandum of Understanding (MOU) between TIEZA and the concerned LGU and related departments. This MOU need to be in place prior to the Detail Engineering Design (DED) Stage.
118. Under LIAC a Resettlement Coordination Unit (RCU) will be established prior to detailed engineering designs to provide technical guidance and support in the implementation of the RAP. All activities related to the RAP preparation and implementation will be periodically reported by the RCU to the PMU and ADB. RCU will be responsible for the resettlement and safeguards activities as listed below.
1. Overall preparation, update and implementation of the RAP, including re-doing 100% of DMS/SES; 2. Preparation of Departmental Right-of-Way Manual; 3. Coordination with the National Commission on Indigenous People (NCIP) and TIEZA Field Offices in the preparation, planning and revision of the Memorandum of Agreement (MOA) for affected domains, if needed; 4. Submit RAP Budget Plans (to include compensation, relocation costs and operations) for approval and allocation of needed budget by the TIEZA Central Office; 5. Amend or complement the RAP in case problems are identified during the Internal and External Monitoring of its implementation; 6. Payment of ROW claims and compensation to PAPs. The disbursement of such funds shall at all times be consistent with existing government Accounting and Auditing Guidelines and Procedures; 7. Collaborate with the TIEZA Office to be in charge in monitoring and verification of the actual payment/disbursement of compensation/entitlement to PAPs; 8. Manage the Grievance Redress Mechanism; and 9. Collaborate with the PMU and LIAC in preparation of periodic supervision and internal Monitoring Report on RAP Implementation for submission to the National Steering Committee / Tourism Coordination Council and ADB.
119. LIAC shall have adequate staff for handling social safeguards with relevant qualifications and experience to be able to adequately design and deliver the social safeguards planning documents. Aside from a Project Manager and Deputy Project Manager based at LIAC, a Resettlement Coordinator will be a recruited for the RCU. Administrative Support will also be a part of the team with an Accountant/Budget Officer in order to conduct the full range of activities from impact assessment to payment of compensation, among others.
120. Project Management Consultants (PMC) will be recruited by PMU. Due to the Covid-19 pandemic conditions during processing, the update of the RAP is expected to require significant inputs from the PMC to essentially to re-do the RAP as Covid-19 has limited preparation activities significantly. Therefore, PMC will be responsible for RAP drafting and updating, including design and conducting DMS/SES and consultations, and providing day-to-day support in RAP implementation, as well as support preparation of departmental right-of-manual. The PMC team will include both international and national resettlement experts. PMC will also provide capacity
41 development to strengthen knowledge and awareness of TIEZA/LIAC key units, and especially RCU in terms of conducting DMS/SES, consultations and completion of design for LIRP and individual relocation plans. Specific topics recommended for the training are:
1. The provisions in this PRAP including ADB SPS (2009) on involuntary resettlement; 2. Conduct of meaningful consultations; 3. Orientation and finalization of detailed plans for livelihood restoration, compensation disbursement and its required document, and grievances handling and redressing; 4. Grievance redress mechanism and social safeguards, particularly directed at local authorities in-charge of GRM and handling of complaints; and 5. Monitoring of RAP implementation and reporting.
Figure 11.1 Institutional Structure
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XII. LAND ACQUISITION AND RESETTLEMENT PLAN SCHEDULE
121. This Chapter describes the steps taken to prepare the RAP and the activities required to ensure its successful implementation. For the timeline and implementation schedule please refer to Table XII-1.
Table XII-1: RAP Finalization and Implementation Tentative Schedule
PRAP PREPARATION Start Completion Preparation of the PRAP PPTA Consultant June 2020 January 2021 Community Consultations and Focus September PPTA Consultant July 2020 Group Discussions 2020 IOL, SES and RCS PPTA Consultant July 2020 October 2020 Submission of the draft PRAP to EA and December PPTA Consultant December 2020 ADB for comments and approval 2020 December ADB/EA comments addressed PPTA Consultant January 2021 2020 PRAP approval/no objection by EA and ADB/EA January 2021 February 2021 the government (including LAR budget) Disclosure of PRAP on ADB and EA ADB/EA February 2021 February 2021 websites RAP UPDATE AND IMPLEMENTATION Start Completion Establishment of RPMU/LIAC/RCU/PMC EA March 2021 April 2021 September Negotiations for site acquisition PMU April 2021 2021 Consultations and data collection with September PAHs who did not share information and PMU April 2021 2021 confirm landfill site local acceptance Review DED for impact mitigation and PMC May 2021 August 2021 avoidance Consultation with PAHs regarding project September scope, entitlements and replacement cost. PMC August 2021 2021 Distribution of updated PIB September Detailed Measurement Survey PMC October 2021 2021 Replacement cost assessment Authorized assessor October 2021 November 2021 Preparation of individual relocation plans PMU / PMC October 2021 November 2021 Confirmation of land ownership data and Office / household poverty status by Local Assessor’s October 2021 November 2021 PMU Government Consultation with PAHs on outcome of November PMC December 2021 DMS and RCS 2021 Update RAP document and submit to ADB PMC October 2021 December 2021 ADB Review and Approval of updated December ADB January 2022 RAP 2021 Disclosure consultation with PAHs on December ADB / PMU January 2022 updated RAP 2021 Posting of updated RAP in local December PMU January 2022 government office 2021 Consultation with relocated PAHs on December PMU January 2022 relocation implementation 2021
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Compensation payments to affected PAHs PMU January 2022 March 2022 INCOME RESTORATION PROGRAM Meetings and consultations with vulnerable PAHs and other PMC June 2021 November 2021 beneficiaries Business plan development with September PMC December 2021 eligible PAHs 2021 Implementation of the income PMU / PMC January 2022 December 2022 restoration program IMPLEMENTATION REPORTING Preparation of RAP Implementation and PMU / PMC March 2022 March 2022 Compensation Report ADB reviews the RAP Implementation and ADB April 2022 April 2022 Compensation Report ADB approves the RAP Implementation ADB May 2022 May 2022 and Compensation Report SITE CLEARANCE Handing over of the site to the Contractor PMU April 2022 May 2022 Consultation with PAHs on construction PMU/ PMC April 2022 May 2022 and distribution of updated PIB Commencement of civil works PMU May 2022 June 2022 CONTINUOUS TASKS Internal Monitoring: Semiannual social PMU/ PMC April 2021 April 2025 safeguards monitoring reports External Monitoring EM January 2022 April 2025 Grievances redress PMU August 2021 April 2025 PRAP PREPARATION Start Completion Preparation of the PRAP PPTA Consultant June 2020 January 2021 Community Consultations and Focus September PPTA Consultant July 2020 Group Discussions 2020 IOL, SES and RCS PPTA Consultant July 2020 October 2020 Submission of the draft PRAP to EA and December PPTA Consultant December 2020 ADB for comments and approval 2020 December ADB/EA comments addressed PPTA Consultant January 2021 2020 PRAP approval/no objection by EA and ADB/EA January 2021 February 2021 the government (including LAR budget) Disclosure of PRAP on ADB and EA ADB/EA February 2021 February 2021 websites RAP UPDATE AND IMPLEMENTATION Start Completion Establishment of RPMU/LIAC/RCU/PMC EA March 2021 April 2021 September Negotiations for site acquisition PMU April 2021 2021 Public awareness raising to PAHs on need September PMU April 2021 to update and verify title holder names 2021 Consultations and data collection with September PMU April 2021 PAHs with missing information 2021 Review DED for impact mitigation and PMC May 2021 August 2021 avoidance
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Consultation with PAHs regarding project September scope, entitlements and replacement cost. PMC August 2021 2021 Distribution of updated PIB September Detailed Measurement Survey PMC October 2021 2021 Replacement cost assessment Authorized assessor October 2021 November 2021 Preparation of individual relocation plans PMU / PMC October 2021 November 2021 Confirmation of land ownership data and Office / household poverty status by Local Assessor’s October 2021 November 2021 PMU Government Consultation with PAHs on outcome of November PMC December 2021 DMS and RCS 2021 Update RAP document and submit to ADB PMC October 2021 December 2021 ADB Review and Approval of updated December ADB January 2022 RAP 2021 Disclosure consultation with PAHs on December ADB / PMU January 2022 updated RAP 2021 Posting of updated RAP in local December PMU January 2022 government office 2021 Consultation with relocated PAHs on December PMU January 2022 relocation implementation 2021 Compensation payments to affected PAHs PMU January 2022 March 2022 INCOME RESTORATION PROGRAM Meetings and consultations with vulnerable PAHs and other PMC June 2021 November 2021 beneficiaries Business plan development with September PMC December 2021 eligible PAHs 2021 Implementation of the income PMU / PMC January 2022 December 2022 restoration program IMPLEMENTATION REPORTING Preparation of RAP Implementation and PMU / PMC March 2022 March 2022 Compensation Report ADB reviews the RAP Implementation and ADB April 2022 April 2022 Compensation Report ADB approves the RAP Implementation ADB May 2022 May 2022 and Compensation Report SITE CLEARANCE Handing over of the site to the Contractor PMU April 2022 May 2022 Consultation with PAHs on construction PMU / PMC April 2022 May 2022 and distribution of updated PIB Commencement of civil works PMU May 2022 June 2022 CONTINUOUS TASKS Internal Monitoring: Semiannual social PMU / PMC April 2021 April 2025 safeguards monitoring reports External Monitoring EM January 2022 April 2025 Grievances redress PMU August 2021 April 2025
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XIII. MONITORING AND EVALUATION
A. Internal Monitoring
122. The PMU will put in place a monitoring system that will track whether the: (i) planned resettlement activities for PAHs were delivered (i.e., whether compensation for lost assets were promptly paid); and (ii) planned activities contained in the PRAP, such as relocation and livelihood restoration are producing the desired outcomes. Internal monitoring will track the progress in the delivery of physical and financial targets, resettlement assistance and other entitlements.
123. The TIEZA (PMU) in coordination with the Consultant and other related entities shall set schedules for the required internal monitoring types taking into account the projects implementing schedule. Internal monitoring and evaluation will assess the implementation of the PRAP according to the following criteria (proposed monitoring indicators in Annex G):
(i) Assessing if mitigation measures and compensation are sufficient. (ii) Identifying methods of responding expeditiously to mitigate problems. (iii) Smooth transition between land acquisition and compensation activities and civil works. (iv) The grievance redress mechanism is functioning. (v) Safeguard contractual obligations of the civil works contractor are complied with. (vi) Provisions of the loan covenant are met.
124. Internal quarterly monitoring reports will be submitted by LIAC/RCU to the PMU starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities.
125. For Internal Monitoring, TIEZA will generate the data for a full and consolidated Semiannual Social Safeguards Monitoring Report (SSSMR) to be submitted to ADB. SSSMRs are combined with IP safeguards, are subject to review by ADB and posted on the ADB and Project websites for disclosure purposes.
126. TIEZA through its implementing units shall disclose results of internal monitoring pertinent to the sites, specifically to the affected communities/persons in summary form, to wit: updates and status of the RAP implementation, information on benefits sharing, and corrective action plans, if any. Community disclosures will be in the language commonly understood by the PAHs and posted at a location commonly agreed with PAHs and village leaders.
B. External Monitoring
127. Even though the project is categorized as B for IR impacts, external monitoring will be conducted for the project in order to ensure self-relocation and LIRP activities are implemented in accordance with ADB SPS (2009), uncertainties on access to projects sites during Covid-19 pandemic does not impact the monitoring activities required for the project, as well as provide additional monitoring support for TIEZA.
128. An External Monitor (EM) will be contracted by the PMU. The EM will not be involved in day-to-day project implementation or supervision but will verify PRAP monitoring indicators and provide advice on safeguard compliance issues. If any critical involuntary resettlement issues are identified, the EM will prepare a corrective action plan. Also, EM will prepare and submit annual /
46 periodic reports to the TIEZA and ADB, review documents and reports, hold discussions with project implementers and key stakeholders, conduct site inspection, and consult with PAPs. Main tasks of EM are summarized as below
1) Review internal monitoring reports; 2) Assess the extent to which consultation and disclosure activities are inclusive, accessible, and effective in conveying key information from the PRAP as well as provide conditions for PAPs to contribute to decision-making which affects them, for example, on relocation and livelihood restoration; 3) Verify if compensation and assistance is provided in accordance with the requirements specified in the PRAP, checking whether it is done 100% prior to incurrence of losses or relocation; 4) Assess whether resettlement objectives are likely to be achieved and specifically assess whether livelihood and living standards are restored or enhanced; 5) Suggest modifications in the implementation procedure of the PRAP, if necessary, to achieve its principles and objectives; 6) Review how compensation rates are evaluated; 7) Validate compensation paid and verify if 100% compensation is paid prior to relocation; 8) Review the effectiveness of the Grievance Redress Mechanism (GRM) and its accessibility and responsiveness to resolving complaints; and 9) Prepare corrective action plans when necessary.
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ANNEXES
Annex A - Project sites Annex B - Scope of impact Annex C - Consultation, participation and disclosure details Annex D - Inventory of Losses Form Annex E - Details of GRM Annex F - Policy and Legal Framework of Government of the Philippines Annex G - Monitoring Indicators Annex H- Asessment on ADB financing of Involuntary Resettlement Costs Annex I - Detailed compensation budget Annex J - Project Decision Framework
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A. Annex A - Project sites
The project will be implemented over a six-year period from 2021 to 2026, although most project disbursement is scheduled for 2020 to 2025 with the last year mostly for payment of retention payments for contractors after the handover and defects period at the end of their contracts.
(i) Water Supply
The Coron Water Supply Sub-Project will have the following components: (a) development of a new water intake structure in Cadiang Falls (4,000 m3/day) to meet the 2025 water dEMnd in Coron; (b) new WTP comprising settling tank, primary and secondary filtration, and chlorination is proposed in Guadalupe area, designed for a daily capacity of potable water distribution of 4,000 m3/day (including 6% water loss); (c) raw water transmission main (from Cadiang Falls to WTP): 7,300 m, DN290; (d) new main tank close from Mabentagen Dam (storage capacity: 1,000 m3, for low zone) and new elevated tank 1 (60 masl) close to main tank (storage capacity: 500 m3, for high zone); and (e) expansion of the distribution network for Poblacions 1 to 6 and Tagumpay area (total length of 15,750 m; diameters ranging from DN150 to DN400).
The Subproject water supply investment is aimed at providing potable water for estimated population of 24,906 people by 2025 (including 3,510 tourists). The goals of the water supply component improvements are: (i) water supply coverage of 80% for the urban barangays, (ii) water quality meets the Philippine National Standards for Drinking Water (PNDWS), and (iii) network non-revenue water of 6%. The service area and structure is presented in Figure 1.
Figure 1: Service Area for Water Supply
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The Subproject new water intake structure for 4,000 m3/day is proposed to include a downward sloping plate screen and concrete chamber beneath the screen, where water is diverted by gravity to the water treatment plant (WTP). The water intake structures are not expected to have any IR impact as the site is located on public land and it is free of encumbrances (Figure 2). The water fall, used by both locals and tourists for swimming, is not impacted.
The source of the proposed water system development project is Cadiang Falls, which is within the ancestral domain claim of the Tagbanua of Barangay San Nicolas. During community consultations, the indigenous Tagbanua and other members of Barangay San Nicolas expressed their concerns about the proposed water system project. The main issue raised involved the volume of water produced by Cadiang Falls. Community members say the water is currently insufficient to meet the needs of the whole barangay, especially during the dry season. There were three main apprehensions raised by both the farmers and IP community during the consultations: (i) the water supply is currently insufficient for household use during the dry season; (ii) the volume of water is also insufficient for irrigation purposes, especially during the summer months; (iii) there is no provision in the technical design for improving the existing domestic water supply system in Barangay San Nicolas. Concerns specific to the Tagbanua IP community involve possible restricted access to non-timber forest products near the water source, which provide them additional income. The Indigenous Peoples Rights Act of 1997 states that any development, exploitation, or utilization of natural resources within ancestral domains are subject to free and prior informed consent (FPIC). The source of the proposed water system project is within the ancestral domain of the Tagbanu. The National Commission on Indigenous Peoples (NCIP) will conduct field based investigation and then recommend if FPIC certificate of precondition can be issued. The FPIC process will ascertain the views and secure the consent of the affected indigenous communities (see Volume 10 on IPP).
Figure 2: Water Intake Location (located above falls)
The gravel access road is reasonable and does not require upgrading or widening. However, the final approach to the water intake is a narrow path and some vegetation and trees will need to be cleared during construction. The construction can be done manually with reasonably lightweight materials and therefore no widening is needed.
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Cadiang Falls provides water for both Coron and San Nicolas. With the increased uptake of water from Cadiang Falls the access to resource (water) may be limited to residence of San Nicolas. This is mitigated through construction of additional deep wells for Coron urban area use during the dry season to provide emergency water supply and augmenting the surface water sources. During dry season the water from Cadyang Falls will be dedicated to San Nicolas irrigation and water supply purposes.
A new Water Treatment Plant (WTP) comprising settling tank, primary and secondary filtration, and chlorination is proposed to be constructed in Guadalupe area. The WTP is designed for a daily capacity of potable water distribution of 4,000 m3/day. WTP will require acquiring private non-productive land of 5,000 m2 (1 AH), which is currently used as a borrow site (Figure 3). In addition, the existing access road to the WTP site will need upgrading and this will temporarily impact one secondary structure (storage / sun roof). The structure can be shifted back and re-constructed on-site by the construction contractor.
Figure 3: WWTP Layout and Access Road
The Raw Water Transmission (RWT) main (from Cadiang Falls to WTP) is proposed for 7,300 m and the Treated Water Transmission (TWT) main (from WTP to storage tanks at Mabentagen Dam) is proposed for 1,200 m. Construction of RWT and TWT will be within the existing right-of-way (ROW) of the roads with no IR impact. The alignment of RWT and TWT is shown in Figure 4.
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Figure 4: Raw and Treated Water Transmission Plan
The Subproject proposes to construct a new main water storage tank close to Mabentagen Dam with storage capacity of 1,000 m3 for low zone and a new elevated water storage tank (60 m.asl) close to main tank with storage capacity of 500 m3 for high zone. Both tanks require land acquisition of an area of 49 x 25 m (total of 1,225 m2) of private land (1 AH). The existing road to the Mabentagen Dam and storage tanks will be used, and it does not require upgrade or widening, and hence has no IR impacts.
The treated water distribution network is proposed to include expansion of the network for Poblacions 1 to 6 and Tagumpay areas for a total length of 15,750 m (Figure 5). The distribution network pipeline will run along the existing roads whereas the household connections are done as rake branches to services several near-by houses at the same time for ulterior connections to their houses. The pipeline installation will cross existing pavement of the gas-station and some temporary structures requiring restoration of the concrete slabs, driveways and pavement within the ROW. The re-establishment of these temporary impacts will be the responsibility of the construction contractor.
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Figure 5: Water Supply Distribution Network
(ii) Wastewater Treatment and Sewerage System
The Coron Sanitation Sub-Project will have the following components: (a) Sewerage System which will involve construction of gravity lines (11.5 km), manhole, seven PS and pumping mains (5.2 km); (b) Coron Urban Center WWTP designed for a capacity of 2,438 m3/day and 988 kg BOD/day to treat all wastewater effluents generated by the Western part of Coron from Poblacion 1 to 6; (c) Tagumpay WWTP designed for a capacity of 1,035 m3/day and 448 kg BOD/day to treat all wastewater effluents generated by the Eastern part of Coron; and (d) septage collection and treatment required in the future although with decreasing volumes in the urban barangays as the sewerage system expands.
Coron City Center WWTP, located at Rural Agricultural Centre (RAC), is designed to serve a population of 17,800 persons by 2030, whereas Tagumpay WWTP is designed to serve a population of 8,200 persons by 2030. The location of the WWTPs and associated pump stations and sewage collection network is shown in Figures 6 to 8.
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Figure 6: Wastewater Treatment System and Pumping Stations (1)
Figure 7: Wastewater Treatment System and Pumping Stations (2)
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Figure 8: Wastewater Treatment System and Pumping Stations (3)
Coron City Center WWTP is designed for a capacity of 2,438 m3/day and 988 kgBOD/day whereas Tagumpay WWTP is designed for a capacity of 1,035 m3/day and 448 kgBOD/day. Both WWTPs include several treatment stages and septage co-treatment operated through a receiving septage station where the septage is added at the plant head works, generally between the screening stage and the grit chamber. Both of the WWTP sites are designed with: a. Water treatment line: • Lift pumping station and coarse screening • Fine screening • Grit and grease removal unit • Conventional Activated sludge designed for nutrient removal (phosphorus and nitrogen) • Secondary clarification • Tertiary treatment including disc filtration and UV disinfection before final discharge b. Sludge treatment line: • Dewatering centrifuge and silo storage c. Odor control d. Septage receiving station (Coron City Center WWTP only) e. Ancillary works f. Guard house at the entrance of the site
Coron City Center WWTP site is located in the Western part of Coron City, along the main road going to the airport and near the new Coron Stadium project. The site is named after the Rural Agricultural Centre (RAC), found in the surrounding area. However, the actual WWTP site is located up a hill (Figure 9) and covers 10,000 m2 (1.5 ha). The site has been deforested many years ago, and at the moment is unused and free of encumbrances. The land is public land, and hence does not require land acquisition or cause IR impacts. The layout of the plant was prepared
55 taking into consideration the construction of the treatment works away from the existing buildings on the south and west sides of the site. The discharge outlet will be located along Dipulao River, downstream any water supply intake. For this purpose, the treated wastewater pipe will be installed in a common trench with the sewer line along the main road, to reach Dipulao River, located approximately 300 m away from the WWTP.
Figure 9: Coron City Center WWTP Lay Out Plan
Tagumpay WWTP site is located in the Eastern part of Coron City in Barangay Tagumpay along the main road and few kilometer away from the Port. The site is privately owned (1 AH), requiring land acquisition for 10,000 m2 (1.0 ha) (Figure 10). The site is currently heavily forested with no structures or economic activity. There is an existing secondary road leading to a small settlement alongside the proposed WWTP, which will be upgraded for the access road. The upgrade will not have any IR impact. The treated wastewater discharge pipe will be located along the secondary road and will be crossing the main road to reach the shoreline. The discharge pipe will not require land acquisition as the land on shoreline is public.
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Figure 10: Tagumpay WWTP Lay Out Plan
A new wastewater collection system in Coron and Tagumpay, including sewer line and associated seven (7) pumping stations (PS) is proposed for wastewater collection (Figure 11). The collection system is designed for 2030-2040 horizon with gravity mains, pumping mains, civil structures for pumping stations (PS). The routing of sewer mains in Coron City Centre shall follow the main roads within the existing road alignments and ROW for 11.5 km. The gravity lines will be 200 - 500 mm diameter with top ditch width of 2-3 m. A 0.50 m wide clearance is reserved as minimum to allow a proper compaction around sewer mains. All sewerage flow will be conveyed to the proposed pumping stations and then pumping mains shall convey wastewater flows to the WWTPs. As the sewer mains (5.2 km) are located in the middle of the road they do not anticipated to cause any IR impacts.
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Figure 11: Wastewater Collection System
The pumping stations will be wet well type in depths of 2.7 - 5.5 m and width of 0.8 - 3 m, and the pump stations will be sited within roads ROW where all other services (power, water and communications) are currently located (Figures 6 to 8). The size of the excavation for the pumping stations must include space around the structure to allow for enough clearance for backfill compaction. Access for operation vehicle shall be provided to each PS. For Coron WWTP PS2 have dimensions of 4 x 2.5 m, whereas PS1, PS3, PS4 and PS5 are proposed as 10 x 4.5 m. For Tagumpay WWTP, PS6 is proposed at 10 x 4.5 m and PS7 4 x 2.5 m dimensions. All the pumping stations are located under existing roads, and hence do not have any IR impacts.
Household connections will be designed during the detailed engineering design (DED). An average number of HH to connect during the construction works has been estimated and a number of subsidized connections (poorest HH, and fEMle headed HH) included as part of the cost evaluation and to be implemented during construction works. In parallel, the network operator will do household connections for the rest of the population to the network progressively during and after the construction work. This is to be managed according to service regulations (tariff for connection, interface between domestic plumbing and public collector, etc.). Therefore, the household connections will not have any IR impact for the Subproject.
(iii) Storm Water Drainage
The Coron Sanitation Sub-Project will have the following components: (a) Network with sidewalk box culvert; (b) cover slab proposed as an improvement work for existing open channels which have sufficient capacity and would not require upsizing; (c) treatment works with screened catch basins and deep sumps (every 20 m), sand boxes upstream of road crossings, oil separators at the bus terminal on the reclamation; retention basin and outlets.
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Storm water drainage component is proposed to construct 22 km of storm water drains and improve the existing small culverts and ditches have been installed by local people in Coron city center (Figure 12). The storm water drainage system will be climate proofed for 10-year return period flood events, properly sized and covering urban core area (143 ha). Sidewalk box culvert is proposed for the new drainage lines whereas cover slab is proposed as an improvement work for existing open channels which have sufficient capacity and would not require upsizing. The COI of drainage lines requires additional 0.5 m on either side of the culvert for construction operations. Larger sized drains will encroach on the road and may require to deepen the culvert. During the DED, drainage slope shall be designed to avoid sedimentations inside the box culvert.
Figure 12: Storm Water Drainage System
The drainage outfalls (OFs) are located in areas which are mainly occupied by informal settler families (ISFs) established in the mangrove zone. The quality of water that is discharged into the sea from the drainage at the moment is heavily polluted. However, a treatment plant is not proposed, but rather screened catch basins and deep sumps (every 20 m) are recommended all along the drainage network to spread the solid waste and dust pollution management along the system. This will minimize the need for additional land acquisition for several wastewater treatment plants and pump stations for the storm water. The physical outfall structure is a concrete headwall around the culvert end (approximately 50cm on each side of the culvert) to protect it from breakage as the culvert will be exposed (Figure 13).
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Figure 13: Storm Water Outlet Concept Design
The proposed drainage outfalls are designed above the high tide for Coron (1.2 amsl) including 20 cm buffer for sea level rise due to climate change. Downstream of the outfalls, water flow velocity can (1) create scours and (2) stir up the bottom sediments of the stilts leading to houses collapsing. The problem is more linked with the velocity than with the flow amounts, and especially during low tide when the stilts of the houses are exposed scouring caused at the outfall could jeopardize the stability of the stilts. In addition, the stilts would block the outfall and block the debris leading to blockage of the drain. Hence, a buffer area is required at the downstream of all outfalls to safeguard structures and people from possible increased localized flooding during high rainfall events. The exact size of the buffer zone has been adjusted based on expected discharge flow and outfall design in order to avoid unnecessary IR impacts (Table 1).
Table 1 Definition of Buffer Zone Sizes Height Width Width Velocity Velocity in Width in drain Design of Length of Area Max in downstream of / of riprap buffer of buffer of flow culvert sea / No culver thalweg (diameter zone buffer zone buffer (m3/s at thalweg at t at at exit of rock in at zone at zone ) outfall max flow outfall of drain cm) outfall (m) end (m2) (m/s) (m/s) (m) (m) (m)
OF3 2.5 1.2 3.53 2.04 0.58 10 3.2 42 30 700 OF4 0.9 0.8 1.49 1.57 0.39 10 2.8 14 10 90 OF5 1.4 0.7 2.92 1.79 0.52 10 2.7 21 15 190 OF6 0.1 0.3 0.99 0.88 0.17 10 2.3 7 5 30 OF9 8.2 2.6 3.2 2.7 0.8 20 4.6 40 30 710 OF1 5.3 1.6 2.45 2.47 0.77 20 3.6 42 30 700 0 OF1 0.0 0.5 2.1 0.92 0.16 10 2.5 7 5 30 1 OF1 0.1 0.5 2.1 0.92 0.16 10 2.5 7 5 30 2 OF1 1.5 0.7 3.53 1.82 0.54 10 2.7 21 15 290 3 OF1 8.1 1.7 3.44 2.76 0.94 20 3.7 41 30 760 4 OF1 1.5 1.2 2.17 1.77 0.44 10 3.2 20 15 180 5 OF1 7.3 2 3.83 2.66 0.84 20 4 41 30 760 6
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Height Width Width Velocity Velocity in Width in drain Design of Length of Area Max in downstream of / of riprap buffer of buffer of flow culvert sea / No culver thalweg (diameter zone buffer zone buffer (m3/s at thalweg at t at at exit of rock in at zone at zone ) outfall max flow outfall of drain cm) outfall (m) end (m2) (m/s) (m/s) (m) (m) (m) OF1 6.7 1.5 3.37 2.73 0.87 20 3.5 42 30 710 7 OF1 3.9 1.8 6.06 2.77 0.69 20 3.8 43 30 740 8 OF1 1.3 0.8 5.15 1.92 0.43 10 2.8 21 15 980 9
The drainage outfalls will cause significant IR impact as most of the outfall areas are fully occupied by ISFs. A total of 23 AHs will need to be relocated, while others have impact on structures and/or trees. LGU is to fence off all of the OF sites (for example OF10) following the IOL to avoid any further encroachment of these locations, and cooperate with local community to keep the areas free of encumbrances.
Some existing thalwegs are proposed to be improved by deepening them where topography allows and it improves the drainage (Figure 14). The improvement is minor, and as such does not cause IR impacts. They have to be free from any obstruction, clean from any debris. And they should be properly identified / marked so that their path is clear and nobody feels normal to settle within its path.
Figure 14: Typical Thalweg (left) and Outfall (right)
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Also, it is proposed to build a retention basin in lieu of the pitch in Coron School of Fisheries in Catchment No. 54 through deepening the existing pitch and allowing it to fill up during rainfall events (Figure 16). The retention pond is on public land, and does not cause IR impacts.
Figure 15: Location of Retention Pond
(iv)City Beautification
The proposal is to close some streets to vehicular traffic to enliven the urban streets where most tourists gather in the evenings (Figure 16). None of these proposed "pedestrianized streets" are occupied by informal settlements and no IR impact is anticipated from the proposed pedestrianizing.
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Figure 16: Proposed Pedestrian Streets
(v) Small-Scale Tourism Infrastructure
The Coron Small-Scale Tourism Support Infrastructure Sub-Project will have the following components: (a) Design and installation of buoys; (b) Floating trails; (c) Sanitation facility; (d) Water supply system; (e) Solid waste facilities; (f) Improvement of wooden path walk; and (g) Improvement of wharf.
Target of the component is sustainable management of priority tourism cluster areas and sites of Coron Island and Bintuan to design and implement a comprehensive management plan to include: rehabilitation works, coordinated site management and access ticketing system, alternative livelihood, sustainable financing, and site visitor monitoring and evaluation in the priority clusters. Ecosystem Rehabilitation Program will include mooring buoys and on land facilities (eco-toilets, waste receptacles, visitor shelters and interpretation stands). The small- scale infrastructure is constructed in Kayangan Lake (Banuang Daan), CYC Beach (Lajala), Bintuan Coral Gardens (Bintuan) and Siete Pecados (Tagumpay). The infrastructure are temporary light-weight structures, to be placed on public land, hence not causing any IR impacts. Final design of the small-scale site infrastructure and alternative livelihood interventions will be done during project implementation
(vi) Temporary Impacts
Temporary impacts concern mainly disruption of the use of roads, tracks, driveways footpaths, and/or property road access points along the public ROW caused by the Subproject
63 construction works and the movement of construction plant and materials, and will be addressed during the Subproject implementation based on actual impacts and in accordance with the national laws and ADB’s SPS (2009). Civil works contract and environmental management plan (EMP) will require contractors to reinstate the ROW to its original condition after the installation of pipes is completed. Effective construction supervision and monitoring at all stages of subproject implementation will ensure this outcome.
(vii) Measures Adopted to Minimize Resettlement
The assumption based on the topographic surveys and spatial data has been 3 m off-set from the centerline for the network alignment placement along the roads, but at locations this will need to be narrowed down where the existing width is not sufficient, or there is privately owned and temporarily unmovable obstructions along the way. If there is not enough space on the sidewalk to accommodate the drainage network, that shall be reviewed at detailed design stage (Figure 17). The network should be re-designed as less wide but deeper to accommodate the same flow depending on the constraints and obstacles on the ground. Placing the network toward the centerline is also an option for pedestrian only streets in Coron, but is not recommended for traffic areas, especially for the national highway. That would result in higher cost for reinforcement and more importantly it would create operation troubles as the culverts will not be easily accessible for maintenance. The drains need to be easily accessible as lot of debris are grits are found in the network. Therefore, it is proposed to install a sidewalk box culvert with removable covers for ease of maintenance.
Figure 17: Typical Placement of Sewers, Storm Water Drainage and Water Supply
B. Annex B - Scope of Impact
B.1. Details of Scope of Impact
Table 1: Details on impact on project affected households, land and livelihoods
Affected Land Business disruption Livelihoods REMrks people
RE Lan Tax V P P Vulner Eligibi d Perman Tempo Busines Declar Land Compo PA A A m2 Type able lity to loss ent rary s Type ation ownership nent H- H P* PAH IRP (%) Claim ID Structure Public owner Home- land Tax operates Based 001 (with Declara room rental Room BZ/O - 1 3 40 27% tax Yes tion (4 rooms); Rental F 14 CO declara Claim owner (Unregis tion by PAH does not tered) claim) live in the structure Tax Declara tion Structure is 002 Self- Claim built on ISF/lan BZ/O - 1 4 Tenant relocat by property dless F 14 CO ion Another claimed by PAH 004 (004- mother) Tax Declara tion Structure is Poor 003 Claim built on and Reloca BZ/O - 1 7 Tenant by property ISF/lan tion F 14 CO Another claimed by dless PAH 004 (004 – mother) Tax Claimant to Public Declara the Self- land tion property relocat 004 (with Poor Claim where Land ion BZ/O - 1 1 108 72% tax and by PAH structures rental and F 14 CO declara elderly (Mother of 002-CO rental tion of 002 and 003- loss claim) and CO are 003) built Poor Legal and 005 (with Reside single Reloca BZ/O - 1 6 42 54% tax ntial fEMle tion F 14 CO declara headed tion) HH Legal 006 (with 6.97 Reside Reloca BZ/O - 1 12 5% Poor tax 5 ntial tion F 14 CO declara tion) Tax Declara Micro- Structure is tion 007 Retail/Tr built on ISF/lan Claim - 1 3 Tenant Yes ading property BZ dless by CO (Registe claimed by Another red) 032 PAH (032)
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Affected Land Business disruption Livelihoods REMrks people
RE Lan Tax V P P Vulner Eligibi d Perman Tempo Busines Declar Land Compo PA A A m2 Type able lity to loss ent rary s Type ation ownership nent H- H P* PAH IRP (%) Claim ID Tax Declara Structure is tion 008 built on ISF/lan Reloca Claim - 1 3 Tenant property BZ dless tion by CO claimed by Another 032 PAH (032) Tax Declara Structure is tion 009 built on ISF/lan Reloca Claim - 1 8 Tenant property BZ dless tion by CO claimed by Another 032 PAH (032) Tax Single Declara fEMle tion Structure is 010 headed Reloca Claim built on the - 1 2 Tenant BZ HH and tion by property of CO ISF/lan Another 012 dless PAH (012) Tax Poor, Declara single tion Structure is 011 fEMle Reloca Claim built on the - 1 5 Tenant headed BZ tion by property of CO HH and Another 012 ISF/lan PAH dless (012) Operates room rental; all 10 rooms are Public unoccupie Home- land Reloca Tax d during Yes, Based 012 (with tion Declara the survey; including Room - 1 6 294 29% tax and tion Claimant to BZ Land Rental CO declara rental Claim the rental (Unregis tion loss by PAH property tered) claim) where structures of 010-CO and 011- CO are built Structure owner and operates home- Single Tax based fEMle Declara Glass glass- headed tion 013 making making HH, Reloca Claim BZ/O - 1 8 Tenant Yes business business; disable tion by F13 CO (unregist Structure is d and Another ered) built on an ISF/lan PAH area dless (026) identified to be owned by 026 (tax
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Affected Land Business disruption Livelihoods REMrks people
RE Lan Tax V P P Vulner Eligibi d Perman Tempo Busines Declar Land Compo PA A A m2 Type able lity to loss ent rary s Type ation ownership nent H- H P* PAH IRP (%) Claim ID declaration unverified)
Legal Impact on 014 (with land; land Reside BZ/O - 1 390 46% Tax type based ntial F13 CO Declara on LGU tion) record Legal 015 (with Comm BZ/O - 1 3 200 50% Tax ercial F18 CO Declara tion) Structure Poor 016 built on Public and Reloca BZ/O - 1 6 coastal/ma Land ISF/lan tion F10 CO ngrove dless area Poor, single Structure fEMle 017 built on Public headed Reloca BZ/O - 1 10 coastal/ma land HH tion F10 CO ngrove and area ISF/lan dless Structure 018 built on Public ISF/lan Reloca BZ/O - 1 6 coastal/ma land dless tion F10 CO ngrove area Structure 019 built on Public ISF/lan Reloca BZ/O - 1 3 coastal/ma land dless tion F10 CO ngrove area Structure 020 built on Public ISF/lan Reloca BZ/O - 1 4 coastal/ma land dless tion F10 CO ngrove area Unknown owner of structure; Structure is used as meeting 021 Public venue/waiti BZ/O - 1 land ng place of F10 CO the Indigenous Peoples coming from the islands. Poor 022 100 Public and Reloca BZ/O - 1 2 9.8 % land ISF/lan tion F11 CO dless
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Affected Land Business disruption Livelihoods REMrks people
RE Lan Tax V P P Vulner Eligibi d Perman Tempo Busines Declar Land Compo PA A A m2 Type able lity to loss ent rary s Type ation ownership nent H- H P* PAH IRP (%) Claim ID 023 Public ISF/lan Reloca BZ/O - 1 2 9 60% land dless tion F11 CO Micro- Legal Operates a 024 Retail/Tr Self- (with Reside home- BZ/O - 1 4 30 38% Yes ading relocat Tax ntial based F12 CO (Registe ion Declara retail store red) tion) Unkno Owner 025 wn if refused to Public ISF/lan BZ/O - 1 2 45 PAH be Land dless F12 CO has interviewed claim . Identified Public by 013 as land Tax the owner 026 (with Yes. Declara Land of the BZ/O - 1 300 60% tax Rental tion rental property F13 CO declara loss Claim where tion by PAH structure of claim) 013 is built Only Unkno caretaker 027 wn if Public ISF/lan Reloca was BZ/O - 1 PAH Land dless tion available F15 CO has during the claim survey Tax Declara tion 028 Structure is Disable Reloca Claim BZ/O - 1 8 Tenant built on the d tion by F16 CO area of 031 Another PAH (031) Tax Declara tion 029 Structure is OFan Reloca Claim - 1 4 Tenant Poor built on the d BZ tion by CO area of 031 16 Another PAH (031) Tax Declara tion 030 Structure is OFan Reloca Claim - 1 12 Tenant Poor built on the d BZ tion by CO area of 031 16 Another PAH (031) Legal Structures 031 Yes. (with of 028 - Reside Land BZ/O - 1 122 2% Rental Tax 030 are ntial rental F16 CO loss Declara built on this tion) area. Public land Tax Structures 032 (with Poor Yes. Declara 50.2 Land of 007-009 BZ/O - 1 3 5% tax and Rental tion 1 rental are built on F17 CO declara elderly loss Claim this area tion by PAH claim)
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Affected Land Business disruption Livelihoods REMrks people
RE Lan Tax V P P Vulner Eligibi d Perman Tempo Busines Declar Land Compo PA A A m2 Type able lity to loss ent rary s Type ation ownership nent H- H P* PAH IRP (%) Claim ID Tax PAH not 033 Declara Reside available BZ/O - 1 12 22% tion ntial for F12 CO (W/LG interview U) Legal PAH could San 034 (with 5,00 100 Agricult not be Nicola - 1 Tax 0 % ural reached for s CO Declara interview. WTP tion) PAH could Legal not be Tagu 035 (with 10,0 Agricult reached for mpay - 1 2% Tax 00 ural interview; WWT CO Declara not living in P tion) Coron Option 1 for the location of the main tank. There is an ongoing case between this PAH Legal and 036 (with another Water 1,22 Agricult - 1 1% Tax party that Main 5 ural CO Declara also claims Tank tion) the property of 037; details of case including issuance of court order to be determined /verified TO 3 17,8 TA 137 6 84 L * Detailed information of all PAH not available, including number of PAPs
Table 2: Details on impact on structures and trees per PAH
Affected people Primary structure / House / Business Auxiliary structures Tree impact
Tot Affect al Affect Type of REV Numb Total Numb PA PA ed are ed secondar Tot Fru Timb PAH- er of area Relocation er of H P* area a area y al it er ID units m2 units m2 m/ m/m2 structure m2
001- Business 1 3 1 64 30 2 1 1 CO relocation
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Affected people Primary structure / House / Business Auxiliary structures Tree impact
Tot Affect al Affect Type of REV Numb Total Numb PA PA ed are ed secondar Tot Fru Timb PAH- er of area Relocation er of H P* area a area y al it er ID units m2 units m2 m/ m/m2 structure m2
002- 1 4 1 30 30 Self-relocation 1 1.5 1.5 Bathroom 5 3 2 CO
003- 1 7 1 15 13 Relocate CO
004- 1 1 1 36 18 Self-relocation 1 1.5 1.5 Bathroom CO
005- 1 6 1 41.14 38 Relocate CO 006- 1 12 1 71.98 3.35 Relocate CO
007- 1 3 1 8.74 3.078 Stall CO
008- 1 3 1 20 11.25 Relocate CO 009- 1 8 1 45.33 5.21 Relocate CO 010- 1 2 1 24 24 Relocate 1 1 CO 011- 1 5 1 20 20 Relocate 2 2 CO
012- 1 6 1 112 112 Relocate 6 5 1 CO
013- 1 8 1 20.35 20.35 Relocate CO
014- 1 0 3 3 CO 016- 1 6 1 35 35 Relocate CO 017- 1 10 1 40 9 Relocate CO 018- 1 6 1 35 18 Relocate CO 019- 1 3 1 35 6 Relocate CO 020- 1 4 1 99 10 Relocate CO
021- Waiting 1 0 1 60 48 CO Place
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Affected people Primary structure / House / Business Auxiliary structures Tree impact
Tot Affect al Affect Type of REV Numb Total Numb PA PA ed are ed secondar Tot Fru Timb PAH- er of area Relocation er of H P* area a area y al it er ID units m2 units m2 m/ m/m2 structure m2 022- 1 2 1 5.88 5.88 Relocate CO 023- 1 2 1 5.61 5.61 Relocate CO
024- 1 4 1 66.5 30 Self-relocation CO
026- 1 0 4 4 CO
027- 1 0 1 115 35 Relocate CO
028- 1 8 1 38.88 20 Relocate CO 029- 1 4 1 38.2 36 Relocate CO 030- 1 12 1 45 18 Relocate CO
036- 1 34 32 2 CO
TOT 1,058. 71.7 31 129 24 553.65 4 54.078 57 47 10 AL 87 4 * Detailed information of all PAH not available, including number of PAPs
Table 3: Details on impact on fruit trees No Type of fruit No of fruit trees PAH PAP* 1 Coconut 3 2 8 2 Mango 5 3 6 3 Jackfruit 1 1 n/a 4 Banana 2 1 6 5 Tamarind 4 3 10 6 Calamansi 2 1 4 7 Cashew 30 1 n/a Total 47 6 18 Total 47 6 18 * Detailed information of all PAH not available, including number of PAPs
Table 4: Details on impact on wood and decorative trees No Type of fruit No of Timber trees PAH PAP* 1 Acacia 6 3 11 2 Talisay 2 2 4
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3 Bamboo 2 1 n/a Total 10 6 15 Total 10 6 15 * Detailed information of all PAH not available, including number of PAPs
Table 5: Details on Vulnerable Household Classification Poor or near poor PAH Single fEMle headed Disabled Elderly household No. ID PAP* households without household headed Landless under poverty No. support members households threshold 002- 1 4 CO √ 003- 2 7 CO √ √ 004- 3 1 CO √ √ 005- 4 6 CO √ √ 006- 5 12 CO √ 007- 6 3 CO √ 008- 7 3 CO √ 009- 8 8 CO √ 010- 9 2 CO √ √ 011- 10 5 CO √ √ √ 013- 11 8 CO √ √ √ 016- 12 6 CO √ √ 017- 13 10 Co √ √ √ 018- 14 6 CO √ 019- 15 3 CO √ 020- 16 4 CO √ 022- 17 2 CO √ √ 023- 18 2 Co √ 025- 19 2 CO √ 027- 20 CO √ 028- 21 8 CO √ 029- 22 4 CO √
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030- 23 12 Co √ 032- 24 3 CO √ √ Total 123 11 5 2 2 17 * Detailed information of all PAH not available, including number of PAPs
Table 6: No MISSING PAH-ID Type Area Reason for No Information INFORMATION Owner not available for interview; data on land area 1 014-CO PAP Residential Bgy. Poblacion 1 and impact on land estimated by survey team and cross- checked with LGU Size of area occupied in the Structure built on 2 016-CO Public land Bgy. Poblacion 2 coastal/mangrove coastal/mangrove area area Size of area occupied in the Structure built on 3 017-CO Public land Bgy. Poblacion 2 coastal/mangrove coastal/mangrove area area Size of area occupied in the Structure built on 4 018-CO Public land Bgy. Poblacion 2 coastal/mangrove coastal/mangrove area area Size of area occupied in the Structure built on 5 019-CO Public land Bgy. Poblacion 2 coastal/mangrove coastal/mangrove area area Size of area occupied in the Structure built on 6 020-CO Public land Bgy. Poblacion 2 coastal/mangrove coastal/mangrove area area PAP (owner of the Waiting place of IPs from the 7 021-CO structure not Public land Bgy. Poblacion 2 islands confirmed) Total land area; Owner refused to be Unknown if PAH 8 025-CO Public land Bgy. Poblacion 1 interviewed for undisclosed has tax declaration reason claim Survey team was unable to verify owner’s identity; Total land area and impacted area Public land (with tax estimated by survey team; tax 9 026-CO PAP Bgy. Poblacion 1 declaration claim) declaration claim information provided by PAH 013 whose structure occupies land of PAH 026 PAP and Total land area; Only the caretaker was 10 027-CO Unknown if PAH Public land Tagumpay available during the survey (did has tax declaration not know the details) claim PAH could not be reached for interview; Total land area and 11 031-CO PAP Residential Tagumpay affected area estimated and checked with LGU 12 033-CO PAP Residential Bgy. Poblacion 2 PAH not available for interview PAH could not be reached for 13 034-CO PAP Agricultural San Nicolas interview
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PAH could not be reached for 14 035-CO PAP Agricultural Tagumpay interview; not living in Coron PAH could not be reached for 15 036-CO PAP Agricultural Brgy. Poblacion 6 interview
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B.2. Relocation of full residential house PAH-ID PHOTOS
002-CO
Area: 30 m2
Relocate due to lack of area for shifting back on site
003-CO
Area: 15 m2
Relocate due to lack of area for shifting back on site
004-CO
Area: 36m2
Relocate due to lack of area for shifting back on site
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005-CO
Area: 41.14 m2
Relocate due to lack of area for shifting back on site
006-CO
Area: 71.98 m2
Relocate due to lack of area for shifting back on site
008-CO
Area: 11.25m2
Relocate due to lack of area for shifting back on site
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009-CO
Area: 45.33 m2
Relocate due to lack of area for shifting back on site
010-CO
Area: 24 m2
Relocate due to lack of area for shifting back on site
011-CO
Area: 20 m2
Relocate due to lack of area for shifting back on site
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012-CO
Area: 112 m2
Relocate due to lack of area for shifting back on site
013-CO
Area: 20.35 m2
Relocate due to lack of area for shifting back on site
016-CO
Area: 35 m2
Relocate due to lack of area for shifting back on site
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017-CO
Area: 40 m2
Relocate due to lack of area for shifting back on site
018-CO
Area: 35 m2
Relocate due to lack of area for shifting back on site
019-CO
Area: 35m2
Relocate due to lack of area for shifting back on site
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020-CO
Area: 99 m2
Relocate due to lack of area for shifting back on site
022-CO
Area: 5.88 m2
Relocate due to lack of area for shifting back on site
023-CO
Area: 5.61 m2
Relocate due to lack of area for shifting back on site
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024-CO
Area: 66.5 m2
Relocate due to lack of area for shifting back on site
027-CO
Area: 115 m2
Relocate due to lack of area for shifting back on site
028-CO
Area: 38.88 m2
Relocate due to lack of area for shifting back on site
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029-CO
Area: 38.2 m2
Relocate due to lack of area for shifting back on site
030-CO
Area: 45 m2
Relocate due to lack of area for shifting back on site
B.3. Compensation for full impact on residential or commercial structures (no relocation) PAH-ID PHOTO
82
001-CO
Area: 64m2
Owner of structure does not live in the house; Used for room rental
B.4. Compensation on partial impact on residential or commercial structures PAH-ID PHOTO
007-CO
Area: 8.74 m2
83
021-CO
Area: unknown
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B.5. Details of impact locations
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88
89
90
91
92
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C. Annex C - Consultation, participation and disclosure details
Minutes of One-to-one Public Consultation Meetings (November 2020)
Date of Meeting Venue Prepared by November 9-11, 13, 16-17, 21, 2020 Coron Loren Joy Fabayos/ Alprays Jake Navarra Participants: Households covered by survey Background and Objective of the Meeting
The TIEZA, with assistance from the ADB, aims to support the local government units of Coron and El Nido transform their urban areas into competitive resilient, and sustainable tourism centers. The project aims to improve the urban infrastructure – water supply, sanitation (sewerage and septage), drainage – and the small-scale site infrastructure in select islands – Siete Pecados, Coron Island, CYC Beach, and Bintuan Coral Gardes.
The meeting aims to consult the affected households based on the technical design under the feasibility studies. The following was shortly presented:
(a) Basic terminologies such as Project Affected Person (PAP) and Project Affected Household (PAH), severely impacted, vulnerable, and permanent vs temporary impact. (b) Differences between full replacement cost and partial replacement cost. (c) Policy framework and entitlements of Asian Development Bank (ADB) and Government of Philippines concerning involuntary resettlement (IR) and resettlement action plan (RAP). The RAP will provide
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guidelines for IR. Details of the Government of Philippines provides three modes of land acquisition: donation, negotiation and expropriation. (d) Safeguard policies of ADB are to avoid, minimize and mitigate impacts, and to compensate for any unavoidable impacts. ADB policies are set to ensure that the socio-economic conditions of the PAPs will not be worse off, but preferably enhanced from pre-project level. (e) Project development process is: project identification, pre-position process, feasibility study, project approval, DED, parcellary survey and DMS, RAP updating, RAP validation, ROW acquisition, disclosure of information to PAPs, and finalizing and approving of the RAP. (f) Importance of the cut-off date is as a limitation for compensation payments for assets on the ROW. LGU of Coron has set a cut-off date for November 6, 2020. (g) Details of the grievance redress mechanism (GRM).
Due to public gathering restrictions, the meetings were conducted as one-to-one consultations. COVID-19 safety protocols were observed with social distancing and all wearing face masks. The survey team distributed the Public Information Booklet to the individual households. Minute of the meeting recorded Name: Vicente Segovia Name: Loren Joy Fabayos Gender: male Gender: FEMle Position: Resident Position: Enumerator/Team Leader
Question: What is the purpose of the Response: The project will provide infrastructure services – project? water, sewerage, drainage - to Coron. This will help tourism in Coron. Name: Judy Sabinet Name: Loren Joy Fabayos Gender: FEMle Gender: Male Position: Enumerator/Team Leader
Position: Resident Response: The feasibility studies are undergoing review by national government. Based on the technical design, your area
has been identified to be part of the corridor of impact, as shown Question: Will the project finally push through? Why were we affected? Will our in this map. house be removed? During detailed engineering and design, it will be confirmed. We have questions for you on relocation preferences as well. Name: Raymond Enoc Name: Alprays Jake Navarra Gender: Male Gender: Male Position: Enumerator/Team Leader
Position: Resident Response: We are conducting the ground survey and this preliminary measurement so we can validate the impacts based
on technical material corridor of impact - provided to us. Question: Will we be relocated? – During detailed engineering and design, relocation will be
confirmed. We have questions for you on relocation preferences as well. Name: Rodolfo Fernandez Name: Alprays Jake Navarra Gender: Male Gender: Male Position: Enumerator/Team Leader
Position: Resident Response: We are tasked to do ground survey of the impacts identified in the technical design. The impacts will be evaluated
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Question: Will you have our house fixed? by the project team and the entitlements will be confirmed after preparation of the preliminary resettlement action plan. Name: Marjo Duarte Name: Alprays Jake Navarra Gender: Male Gender: Male Position: Enumerator/Team Leader
Position: Resident Response: This project is about the improvement of urban infrastructure in Coron. Your area is in the buffer zone, based
on the technical design and on the map.
Question: What kind of project is this? We are conducting ground level assessment. And depending on Why are we being affected? Will the the confirmed impacts, you will be provided with benefits. project give us money? Name: Marites Dumaran Name: Alprays Jake Navarra Gender: Male Gender: FEMle Position: Enumerator/Team Leader
Based on the map, you are in the buffer zone area. Position: Resident Response: For your area, there is a portion covered for relocation.
Question: Should we really be affected and relocated? Name: Shahanie Espinoso Name: Loren Joy Fabayos Gender: FEMle Gender: FEMle Position: Enumerator/Team Leader
Position: Resident Response: We are doing ground survey now and will provide the information to the project technical team. Depending on the scale of impacts, the benefits to be covered will be confirmed.
Question: Will we be paid for all the expenses we incurred in case the project happens? Name: Ramon Refil Name: Loren Joy Fabayos Gender: FEMle Gender: Male Position: Enumerator/Team Leader
Response: The assessment of possible relocation sites is Position: Resident ongoing, including availability of water and electricity.
Question: Will there be water and electricity in the relocation area in case we need to be relocated?
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Name: Mark Crisostomo Name: Alprays Jake Navarra Gender: Male Gender: Male Position: Enumerator/Team Leader
Response: Yes. Position: Resident
Question: You are not yet asking us if we finally agree to be impacted by the project, right? You are only checking the alignment of the project.
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LIST OF PARTICIPANTS
Surname First Name Affiliation Sex Male FEMle Segovia Vicente Resident X Gutang Robanes Resident X Radoc Blesilda Resident X Ybañez Rhea Resident X Degala Armstrong Resident X Sabinet Judy Resident X Sabinet Pedro Resident X Sabinet Lorena Resident X Ubay Gerlie Resident X Refil Rodel Resident X Refil Lilibeth Resident X Maglantong Gerardo Resident X Dumaran Marites Resident X Espinosa Josefina Resident X Espinosa Rafael Resident X Mantana Marlou Resident X Duarte Louisa Resident X San Felipe Ma. Elvira Resident X Lambrague Mysha Resident X Anday Julieann Resident X Abila Gladys Resident X Glindo Marivic Resident X Nartates Merlyn Resident X Fernandez Miguelita Resident X Crisostomo Mark Gregory Resident X Abaring Jerick Resident X Villaflores Jocelyn Resident X Dagami Vincent Resident X Bagalay Erlinda Resident X Alprays Jake Navarra PSUF X Ferrer Jasmin Lagrosa PSUF X Lorenzo Kym PSUF X Fabayos Loren Joy PSUF X Ida Muriel PSUF X Reario Rafael Cabebe PSUF X Navarra Alprays Jake PSUF X Ramos Vincent Coron Municipality X Dagante Engr Chris Coron Municipality X Batalo Raffy Coron Municipality X Bernal Ronald Coron Municipality X
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Pictures During Consultations with Households
C.1 Public Information Brochure
C.2 Cut Off Date Letter
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105
106
C.3 LIAC Organization Letter for Yolanda Housing Project
107
108
109
110
111
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D. Annex D - Inventory of Losses and Socio-Economic Survey Form
CORON
SOCIO-ECONOMIC SURVEY
Participant Serial No. Tag No.
Enumerator Supervisor Data Encoder Name
Signature
Date
HOUSEHOLD INFORMATION (Please encircle)
Household Structure 1… Single 2… Nuclear 3… Extended 4… Joint (w/ separate kitchen) BLOCK 1. HH HEAD (HHH) INFORMATION
Name of Respondent ______Surname Given Name Middle Name
Type of Respondent 1… HH Head (male) 2… HH Head (fEMle) 3.... Other who has full understanding of HHs details and sources of income ...... Name of HH Head: ______
Surname Given Name Middle Name
Marital Status (HHH) 1… Single 2… Married 3… Annulled 4… Legally separated 5… Widow/Widower 6… Live-in 7…. Others______
Languages used in HH 1… Tagalog 2… Others_____ 3..... Sign language
DETAILS OF HHH 1.1 Age 1.2 Gender 1.3 Highest Education 1.4.1 Place ______(use Codes in 4.6) of Birth ______1.4.2 Ethnicity ______1.4.3 Citizenship ______1.5 Primary Income Source 1.6 Monthly Income 1.7 Secondary Income Source 1.8 Monthly (primary) Income (secondary)
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1… Employed 66…None 1… Employed 66…None 2… Self-Employed 2… Self-Employed SPECIFY______1…< 1,000 SPECIFY______1…< 1,000 3… Unemployed (None) 2…1,000 – 4,999 3… Unemployed (None) 2…1,000 – 4… Retired/Pensioner 3…5,000 – 9,999 4… Retired/Pensioner 4,999 4…10,000 – 14,999 3…5,000 – 5…15,000 – 19,999 9,999 6…20,000 – 24,999 4…10,000 – 7…25,000 – 29,999 14,999 8… 30,000 and above 5…15,000 – 19,999 6…20,000 – 24,999 7…25,000 – 29,999 8… 30,000 and above PLACE OF WORK (Primary) PLACE OF WORK (Secondary)
IF EMPLOYED, specify Sector IF EMPLOYED, specify Classification: Sector Classification: 1… Agriculture/Fisheries 1… Agriculture/Fisheries 2… Manufacturing/ Production 2… Manufacturing/ Production 3… Service 3… Service 4… Sales 4… Sales 5… Professional 5… Professional 6. Others (Pls Specify) 6. Others (Pls Specify) ______
Household Size (APs) (double check with section 4.)
Total Number of under 17 year olds (double check with Number of Senior Number of PWDs in 1…Physical disability, what ___ 2…Mental disability, what ___ family
BLOCK 2. BENEFITS / ASSISTANCE RECEIVED BY HOUSEHOLD Types of assistance received Source Cash / Kind Medical Educational Economic Others (pls specify) ______
BLOCK 3. VULNERABILITY
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1.. Below national poverty line 2... FEMle headed households with dependents 3... Disabled household heads 4.... Elderly households 5... Landless 6.. Indigenous people or ethnic minorities 7.... Other: ______
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BLOCK 4. HOUSEHOLD CHARACTERISTICS 4.1 4.2 4.3 4 4. 4.6 4. 4.8 4.9 Primary Income 4.10 Secondary Income . 5 7 Source Source 4 Name of Relatio Reli G A Educ Et Marit Type Locat Mon Type Locati Month HH nship gion e ge ation hn al ion thly on ly Member to n ici Statu Inco Incom Respo d ty s me* e* ndent e r
1 1 66 1 1 1 1 1 Spouse M None / Singl Farme Within Farme Within
illiterat e r Baran r Baran 2 Son e gay gay 1 2 2 2 3 2 Marri Fisher 2 Fisher 2 F Eleme Daught ed Outsid Outsid er ntary 3 3 e e 2 3 Labor baran Labor barang 4 er er Secon Sepa gay ay Parent rated dary 4 4 Household 5 Niece includes all 3 High 4 Self- Self- the persons 6 school Live- emplo emplo living Nephe 4 In yed yed w Vocati together in 5 5 5 the same onal Wido Privat Privat dwelling 7 In- Traini Law w/ e e unit. ng Wido emplo emplo 8 Non- 5 wer yee yee Do not Relativ Univer e 6 6 include those sity Gov’t Gov’t who are emplo emplo permanently yee yee away. 7 7 Servic Servic e e /touris /touris m m 8 8 Other Others s (pls. (pls. specif specif y) y)
1 2 3 4 5 6 7 8 9
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1
0 4.11 HOUSEHOLD INCOME Total combined household income of all household members: ______- * In case of (1) farming or (2) fishing, please indicate annual income BLOCK 6. MAJOR HOUSEHOLD MONTHLY YEARLY EXPENDITURES EXPENDITURE EXPENDITURE 6.1 FOOD: Average expenses for daily food ₱ consumption 6.2 EDUCATION: Average monthly ₱ expenses for children’s education 6.3 HEALTH: Estimated monthly expenses ₱ for medicine, vitamins, other wellness items 6.4 UTILITIES: Average monthly expenses ₱ for HH water, electricity, other bills 6.5 TRANSPORTATION: Average weekly ₱ expenses for HH transportation 6.6 FINANCES: Debt repayment, interest
6.7 Others, Specify: ₱
TOTAL (FOR HOUSEHOLD) ₱
BLOCK 7 GENDER ROLES
7.1 In terms of decision making, who takes lead in the Husband Wife Both household for: 1 Livelihood and Income Generation
2 Household Investment, Purchases and Financial Management 3 Business ventures
4 Vocational training options
5 Community involvement
6 Loans and borrowing for the household
7 Participate in community development activities
8 Domestic work
7.3 Income Generation Others Husband Wife family 7.3.1. Percentage of Household Income Generated by....
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BLOCK 2. HOUSING AND FACILITIES
2.1 2.2 2.3 2.4 2.5 2.6 Ownership Location of Relocated Relocated from Commercial Business of property previously activity, if any registration Properties 1 1 Never 1 Shop, kiosk or 1 Yes Residential OR Yes, stall 2 No 2 by... 2 Food 3 Other Agricultural 2 Local preparation or (specify) 3 government selling Commercial 3 3 Mechanic or 4 Other Development repair shop (specify) project 4 Cafe, restaurant, 4 Disaster bar 5 Other 5 Other, specify (specify) ______
BLOCK 3. IMPACTED LAND AND CROPS
Crop on the affected land Total Affected Area Land Area 2 Type of Total Affected No. Land Types (1) 2 (m /ha) Ownership (m /ha) Status (2) Crop Areas of Areas of Crop Crop
1
2
3
4
Total Areas 1 Land Types: 1: Residential 2: Agricultural 3: Commercial 4 Other land (specify) 2 Land Ownership Status: 1: Legal owner with land title/certificate 2: Legal owner, but no land title/certificate 3: Tenure/leased 4: No legal right / Public land
BLOCK 4. IMPACTED STRUCTURES
In case Type/use of affected structures primary Area (m²) structure Total of the impacted, will area (m²) affected it be acquired of the portion of / affected Structure Roof Wall Floor Land Structure structure the PARTIALLY Code (2 Types types Types Ownership Type (1) structure or TOTALLY or 3) (4) (4) (4) Status (5) 1. Partially (house suitable to
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continue living in) 2. Totally / relocated
1 Structure Type: 1. Main/Primary Structure 2. Secondary Structure 2 Examples of main structures Codes: 1. House 2. House-and-store 3. Store/Shop/Workshop/Warehouse 3 Secondary Structure Codes: 1_ Kitchen 2_ Bathroom 3_Eaves/extended roof. 4_Storage 5_Waiting Place 6_Stall 7_Gate 8_Wall/Fence 9_Pole 10_Other structure
4 Construction materials of the affected structure(s): 1= Simple (hatch/sack, bamboo, clay/earth) 2= Timber with Tin Roof 3= Wood and brick 4= Brick and concrete 5= Temporary/Unstable 5 Structure Ownership Status: 1: Legal owner 2: Tenure/leased 3: Provided by employer, 4: No legal right, 5: Other (specify)
BLOCK 5. IMPACTED TREES
Type of tree (1) Tree species A B C Total
Total 1 Type of tree: 1. Fruit 2. Timber 3. Other _____ Note = A=1 to 3 years B= 4 to 5 years C= 6 to 10 years
BLOCK 6. PROJECT AWARENESS (ALL HOUSEHOLDS) AND RELOCATION PREFERENCES (ONLY FOR HOUSEHOLDS TO BE RELOCATED) 6.1a Have you heard/ been informed about the Tourism Urban Infrastructure Project? 1 YES 2 NO. 6.1b IF YES, from where did you get information about the Project? 1 Government Officials 2 NGOs 3 Neighbors/Friends 4 Mass Media 5 Relatives/Family 5 Others, ______6.2 IF there is a need for relocation, do you prefer: 1 Relocation at resettlement site land plot, with: (a) Ready built house, or (b) In-kind (materials) and cash to cover all cost of house construction 2 Self-relocation with cash only at replacement cost, if yes: 2.1 where? ______3 Return to place of origin with cash only at replacement cost, if yes: 3.1 where? ______4 Other, what? ______6.3 Preference of amenities at relocation site (Rating [1] Most important [2] Important [3] Least important)*: 1. Close proximity to existing residence location___ 2. Availability of land for vegetable garden/chicken farming___ 3. Proximity to fishing port / fishing grounds ___ 4. Availability of agricultural land ___ 5. An area near tourist areas____ 6. An area near religious center ____
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BLOCK 6. PROJECT AWARENESS (ALL HOUSEHOLDS) AND RELOCATION PREFERENCES (ONLY FOR HOUSEHOLDS TO BE RELOCATED) 6.5 Is your preference on: 1. Group relocation to new site under the project, 2. Self-relocation on land available nearby, 3. Self-relocation in other location 6.4 For new site under project, is you preferred relocation site 1 Sitio Lamod, Poblacion 6, or 2 Sitio Carbon, Brgy. Lajala, or 3. Socialized Housing in Coron 6.6 Standard compensation for relocation includes (a) inconvenience assistance, (b) secured tenure to relocation land, (c) better housing at resettlement sites with comparable access to employment and production opportunities, (d) transportation allowance, (e) Food assistance, (f) Loss of business/income (Income rehabilitation assistance), (g) civic infrastructure and community services, (h) special assistance for vulnerable households, and (i) employment opportunities with the project implementation. In addition to these, is there any other types of assistance do you need for relocation to a resettlement site, or relocation site itself, should provide (Y/N)? If yes, what: ______? 6.7 What will cause difficulties in selected new resettlement site for maintaining livelihoods and income generation (Rating [1] Most important [2] Important [3] Least important)*:? 1. Cost of extra travel ___ 2. Time of extra travel ___ 3. Safety of equipment, boats, and property____ 4. Distance/location of new shop/place of business from customers____ 5. Restriction on access to resources (e.g. fishing grounds) ____ 6.Other, what ______* one rating option can be used more than once
BLOCK 7. LIVELIHOOD AND INCOME GENERATION AND RESTORATION OPTIONS 7.1 If eligible, how many 7.2 What kind of training 7.3 If interested in 7.4 If interested in household members would would you or your family agriculture, business, would you be interested / available in members prefer? If yes, aquaculture or need project-backed vocational training? how many members of fisheries, would you loan or material the family in each need project-backed support to start new 1 Male 1option? Agricultural (land 1loan Yes or material 1business Yes / income based) 2 No 2 No 2 FEMle 2 Fishing / Aquaculture 3 Maybe 3 Maybe 3 Employment based 4 Enterprise based (business) 5 Project related employment (construction) 6 Other: ______
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E. Annex E - Details of GRM
1. A Grievance Redress Mechanism (GRM) is a systEMtic process to receive, evaluate, and address the project-related grievances of PAPs. A project level grievance mechanism is made available to allow appeals against any disagreeable decision, practice or activity arising from land or other assets acquisition. PAPs will be fully informed during consultations and through the PIB of their rights and of the procedure for addressing grievances. Complaints and grievances relating to any aspect of entitlements and/or activities, including the determined area and price of the lost assets, will be addressed.
2. Implementation of grievance redress shall be anchored on several principles to guide process, decisions, resolutions, and way forward: (i) confidentiality; (ii) clarity in disseminating the GRM procedure and cases (where necessary, the local language will be used as well as layman’s terms to further understanding); (iii) transparency during the grievance procedure upholding gender responsiveness and cultural appropriateness; and (iv) accessibility of GRM to PAPs at no costs and without retribution.
3. There are different modes of filing complaints:
1) Verbally or written directed to the city/barangay Help/Grievance Desk (whichever is applicable) or to a project representative;
2) Verbally or by text message using the TIEZA Action Center Hotline may be used as an option for PAPs in filing complaints; and
3) Complaints can be addressed directly to the PMU through the Grievance Desk Officer.
4. All complaints received in writing (or prepared in written form, when received verbally) from the PAPs shall be properly documented, acted upon immediately and addressed through negotiation processes to arrive at a resolution/consensus, pursuant to the procedures detailed below:
1) Level I – Barangay local government unit (BLGU) – The Barangay Help/Grievance Desk will serve as the first formal contact point for PAPs to receive their grievances, who will then determine if complaints are project-related or not. The aim of the GRM policies are to resolve grievances expeditiously at the lowest possible level. A decision should be made by the BLGU within 15 calendar days after receipt of the complaint. The PAP or stakeholder will be informed in writing of the decision within two working days from when the decision is reached. In cases the PAP lodges the grievance verbally, the grievance is officially documented by the BLGU grievance focal person and a record of the grievance will be provided the Grievance Desk Officer of TIEZA within a working day of receipt by the BLGU grievance focal person.
2) Level II - If the PAP is not satisfied by the BLGU decision, the PAP can appeal before the TIEZA Grievance Desk Officer of the TIEZA-ROW-PMU. The PMU has 15 calendar days within which to resolve the complaint. The resolution will be officially communicated in writing to the PAP within five working days from the date of the issuance of the decision.
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3) Level III – Legal Procedures - If the Project Level decision is unsatisfactory to the PAP, the PAP may approach a court of law at any stage, which is not a part of the project level GRM, and whose decision will be final.
5. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as outlined below:
1) Complaints against local government executives shall be filed with the Department of Interior and Local Government.
2) Complaints against subordinate officials shall be filed with the office of the local chief executive concerned.
3) Complaints against officials of other national agencies may be filed with the office of the President, or the office of the Ombudsman.
4) Aggrieved parties may also direct their complaints to and/or seek the assistance of the Commission on Human Rights or the Presidential Commission for the Urban Poor.
6. ADB’s Accountability Mechanism. In addition to the project GRM, ADB’s accountability mechanism (May 2012) applies to the project. The accountability mechanism provides opportunities for people that are adversely affected by ADB-financed projects to express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguard policies. ADB’s accountability mechanism comprises of (i) consultation led by ADB’s special project facilitator to assist people adversely affected by ADB- assisted projects in finding solutions to their concerns and (ii) providing a process through which those affected by projects can file requests for compliance review by ADB’s Compliance Review Panel.
7. Implementation of grievance redress must be anchored on several principles to guide process, decisions, resolutions and steps forward. The guidelines for GRM are as follows:
• Keep the claimant’s details confidential and follow the Data Privacy Act (RA No. 10173);
• Procedure must be explained, and cases must be presented and deliberated in a language understandable by the PAPs (i.e. technical terms must be explained in a layman’s term);
• Grievance procedure must be transparent, gender responsive and culturally appropriate;
• Readily accessible to the affected persons at no costs and without retribution. Aggrieved stakeholder will not be charged of any fees (administrative and legal fees) in filing of their grievance;
• All complaints received in writing, verbally or transmitted electronically will be documented and filed. Upon receiving a complaint from the aggrieved stakeholder, the Help/Grievance Desk will accomplish the Grievance Action Form (GAF);
• The GAF will be stamped with a “Received” mark with corresponding reference no., date of receipt and signature of the persons who received the said letter. The aggrieved stakeholder will be given a copy of the control number for record purposes;
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• Actions and decisions made with the received complaints/grievances/appeals by the PIAC, LHO/LIAC and PMU will be reported and discussed by the Help/Grievance Desk during weekly meetings;
• If the grievance indicated in the letter cannot be readily addressed, the aggrieved stakeholder will be referred to the appropriate authority. The following will be indicated in the GAF: name of the authority to look for, date when the aggrieved stakeholder can meet with the said authority, and the venue for the meeting;
• In addition, the Help/Grievance Desk will publicize the grievance redress process in the form of handouts such as pamphlets, brochures or leaflets that are written in Filipino. All concerned institutions, including Barangays, LGUs, and the PMO, will use the same handouts in explaining the grievance redress procedures to the aggrieved stakeholder who may come to them to raise their issue or concern. Training will be provided for concerned institutions on the GRM procedure. The handout will be disseminated through LGUs and Barangays as well as TIEZA, also the mechanism to be publicized at the website of TIEZA and LGUs.
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F. Annex F - Policy and Legal Framework of Government of the Philippines
A. Legislation on Land Acquisition and Resettlement
The overarching guidance for this legal and policy framework is anchored upon the Philippine Constitution (1987), with the pertinent provisions as follows: 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, Bills of Rights, Sec. 9: “Private property shall not be taken for public use without just compensation.” Article XII, Sec. 5: “The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well- being. By an act of Congress, customary laws governing property rights or relations can be applied in determining the ownership and extent of ancestral domains.” Article XIII, Urban Land Reform and Housing, Sec. 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.”
Republic Act (RA) 10752 (2016) - An Act to Facilitate the Acquisition of Right-Of- Way (ROW), also called the Right-of-Way Act (ROW Act), repeals RA No. 8974 (November 2000). R.A. 10752 was enacted to further strengthen the said constitutional provision (above) and ensure that property owners and project-affected properties in areas where National Government infrastructure projects would be given just compensation. Implementing Rules and Regulations (IRR) of R.A. 10752 was promulgated in May 25, 2016 to carry out the provisions of the said Act. Any action undertaken to acquire land for ROW, whether public land or land owned in fee simple17 by private entities, must be guided by the Constitution and must be undertaken in complete compliance with the ROW Act and its IRR. It also spells out the necessity for the determining the current market value of the affected assets such as lands, houses and/or improvements including the crops, trees and perennials as a basis for computing the compensation cost for the Project Affected Households (PAHs) of a government project.
Sec. 18 of the IRR of RA 10752 requires the production of an Agency Manual of Procedures for ROW Acquisition for each IA. Under legislation and governance protocols, the TIEZA is deemed to be an Implementing Agency (IA). The ROW Act codifies the process of acquisition of real property needed as ROW, infrastructure site or location for National Government projects undertaken by any department, bureau, office, commission, authority or agency of the National Government, including any government-owned or controlled corporation or state college or university, authorized by law or its respective charter to undertake National Government projects. In this regard, the Right-of-Way and Site Acquisition Manual (ROWSAM) needs to be produced in the beginning of the project implementation under TIEZA to serve as guide on legislated procedures required for the negotiated or compulsory acquisition of land deemed to be required for urban development purposes of the tourist destinations in the public interest.
17 Fee Simple is an interest in land. Land owned in fee simple is owned completely, without any limitations or conditions. This type of unlimited estate is called absolute or freehold.
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Modes of Land Acquisition. The IRR of the ROW Act is clear on expediting the implementation of infrastructure projects as the new law provides clear and simple ROW acquisition guidelines that benefit both the property owners/project-affected persons (APs) and IAs. Section 4 of the Act explicitly states that the modes of acquiring real property are: (i) donation, (ii) negotiated sale, and (iii) expropriation, further detailed as per legislation below.
Donation. Donation18 is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it. The IA may explore the mode of donation of the needed portion or whole of the affected property i.e., lots with or without improvements, by the property owner concerned, which may be a private individual/corporation or a government agency/corporation. However, there are limitations to donation related to the capacity of the donor to donate, which must be determined as of the time of making the donation and disqualifies donations made by the following19: 1) Minors who cannot donate because they cannot give consent to a contract; 2) Insane or demented persons, and deaf-mutes who do not know how to write; 3) Persons guilty of adultery or concubinage at the time of donation. The spouse of the donor may declare the action of donation null and void; 4) Persons found guilty of the same criminal offense, in consideration thereof; and 5) Public officers and his/her spouses, descendants or ascendants, by reason of his/her office.
If donation is to be used, the approach towards donation is to present the possibility of donation to the owner in a manner that is non-technical and is to be easily understood by the owner in the detailed engineering design. Negotiator is to exercise care not to imply that the exploratory talks for the possibility of donation is a “take it or leave it” proposition. Similarly, negotiators avoid mentioning any possibility of eventual expropriation which might be construed as a threat, and must be avoided.
If the property owner agrees to donate the property to be acquired by the IA, a Deed of Donation (DOD) shall immediately be prepared. The DOD shall be simple and unconditional, and contain clauses to the effect that the donation is made not to defraud the donor’s creditors, and that the donor has, if necessary, reserved for himself enough property for his family’s subsistence, sustenance and support in case the donor is a private individual.
The procedures in negotiating donation by the owner of affected property are as follows: 1) Obtain the list of PAPs from the Entitlement Matrix (EM) which was generated during the Project’s Detailed Engineering Design (DED) Phase of the Project; 2) Prepare donation documents package for presentation to the owner, which includes: (i) Notice of Taking (NOT) and final offer relating to a portion or the whole of the property; (ii) a copy of parcellary survey plan, if required; (iii) Project profile; and (iv) Unconditional Deed of Donation (UDOD), inter-vivos, 3) Issue a NOT and final offer to the property owner: If the owner resides outside the country, send the letter of offer via registered mail through the Philippine Consulate in the country where the owner resides; 4) During the first of the negotiating phase contacts with the property owner: a. Inform the owner of the project and the project’s impact on the property and the location and extent of the requirement (partial or whole of lot requirement);
18 Art 725, New Civil Code (NCC) 19 Art. 739, NCC 23
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b. Explain the acquisition process mandated under the ROW Act, underscoring the owner’s right to have the affected property appraised and the right to receive an offer of just compensation from the IA; and c. Explain to the owner, the detail and processes of estimating the offer of just compensation pursuant to the ROW Act and its IRR; 5) If the owner is unwilling to donate the required property, proceed to the negotiated sale option; 6) Verify whether the property is mortgaged, and if so, proceed to negotiated sale process; 7) If the owner agrees to donate the affected property, request the following documents from the owner: a. Certified true copy of the titles (OCT/TCT) issued by the register of deeds; and b. Official receipts of real property tax payments for the past five (5) years and tax clearance issued by the local treasurer; 8) Evaluate, validate, and authenticate the submitted documents to confirm that the owner is not donating the property to defraud his or her creditors; 9) Determine if the owner will retain sufficient balance property; 10) If the donation is of the entire property, proceed to preparation of an Unconditional Deed of Donation (inter-vivos); 11) If only a portion of the property will be donated, obtain copies of the subdividing plans of the land prepared by a professional geodetic engineer as part of the parcellary survey process. Request that the owner review, approve and confirm the subdivision plan to allow submission for the approval of the DENR-LMB Director. Once the subdivision plan is approved proceed to preparing the Unconditional DOD (inter- vivos); 12) If the owner has structures that will be affected, prepare the Agreement to Demolish and Remove Improvements (ADRI); and 13) Have the DOD signed by the owner (as donor) and accepted by the appropriately qualified IA representative (as donee).
For properties acquired through donation, clearing of ROW can be immediately carried out once the DOD is signed by all parties. The IA shall pay the documentary stamp tax, transfer tax and registration fee, while the donor shall pay any unpaid real property tax.
Negotiation. Negotiated land acquisition is of land is the preferred mode of land acquisition. The IA may offer to acquire, through negotiated sale, the ROW and site location property requirements for a National Government infrastructure project, under the following procedures: • First and final offer to fast track and simplify negotiated sale. • Capital gains tax to be paid by the IA. • Objective valuation through engagement of the GFIs and IPAs. • Consideration period: owner has a statutory thirty (30) days to thoroughly review, consider, and the offer and to respond to the IA with the required documentation and a considered position on the negotiation process. • Negotiation must be conducted free of any attempt to pressure the property owner into reaching an agreement.
The procedures in negotiating are: 1) Determine the affected property owner(s) from the EM and confirm with the parcellary survey report;
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2) Refer to the existing title searches and confirm the existence of all sub-interests that might preclude or obstruct the transfer of the property ownership to the Republic; 3) Conduct initial preliminary visits and any extra project briefings or meetings as necessary to make the affected property owner(s) aware of the negotiation Process, the issues possibly arising, and any matters that might impede the process. The property owners may assign an attorney-in-fact as their representative; 4) Determine if the compensable owner(s) currently residing at the affected site, elsewhere in the Philippines, or are out of the country and confirm the most appropriate contact points and methods for delivery of documentation and for further negotiation; 5) Determine appropriate IA authorized representative personally deliver the NOT and offer documents to owner(s) presently residing in the project area; 6) Confirm with the owner or the qualified representative the existence, extent, and detail of all sub-interests (registered on the title or not) that will, or may give rise to new responsibilities or liabilities upon the owner from the acquisition by the IA and which must be incorporated into the final offer of compensation as legitimate “Disturbance Items”; 7) Conduct a rigorous review of the existence, legitimacy, and history of the “disturbance” matters; with particular reference to their relationship to the announcement of the Project and the determination of the formal “cut-off-date”; 8) Calculate the formal offer to be made to the owner per GFI/IPA and confirm the review of the methodology and timeliness of the assessed valuation(s) conducted and presented in the parcellary survey process; 9) Structure the final offer based upon the principle that the dispossessed owner will receive sufficient funds to discharge all liabilities arising from the unsought transfer of the land, and to acquire similarly situated lands (of approximate area and value to that taken by the government [TIEZA]) and to rehabilitate themselves to their previous circumstance as soon as possible; 10) Prepare the standard, but personalized template of the letter of MOT and final offer with return slip which informs the owner of the need to acquire their property to give effect to a National Government infrastructure project; 11) Prepare an appropriate deed of absolute sale document between the owner and the TIEZA; 12) Reference the requirement under the ROW Act for the IA to pay Capital Gains Tax (CGT) applicable to the land acquired and confirm payment by the IA of document stamp tax (DST), transfer tax and registration fees; 13) IA sends Notice of Taking either through Registered Mail or by hand delivery by appropriate IA authorized representative/negotiator; and 14) The attached Return Slip or Receiving Copy is required to be duly signed and acknowledged by the owner or the formal receiver and sent back to the IA with the requested and statutorily-required documentation.
If the owner refuses to negotiate, or refuses to submit the document within the thirty (30) days period, proceed to expropriation. If a return slip indicates a willingness to proceed to negotiated sale, rigorously review the submitted documents for completeness and validity, and, if the validation process authenticates the documentation, proceed to the preparation of the deed of absolute sale.
For properties acquired through negotiated sale clearing of ROW shall be undertaken after the ADRI is signed by all parties and perfected. The ADRI must be signed prior to the release of full payment for improvements.
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Expropriation. The power of eminent domain is an inherent and indispensable power of the State. Also, called the power of expropriation, it is described as the highest and most exact idea of property rEMining in the Government that may be acquired for some public purpose through a method a compulsory sale to the State. (Manapat and Lim vs. Court of Appeals and the National Housing Authority).
If negotiation fails, expropriation is initiated, i.e. if within thirty (30) days upon receipt of the proffered price: (i) The owner refuses or fails to accept the price offer, and (ii) The owner fails and / or refuses to submit the required documentation.
RA 10752 streamlines the expropriation process if negotiation fails. The improved process requires (i) complete documentation to support the expropriation complaint, (ii) provides for the immediate deposit of the value of the property allowing prompt release of payment to the owners and (iii) provides immediate issuance of Writ of Possession20 upon deposit of the value of the property, which will enable early project implementation.
Expropriation is the least favorable mode of acquisition for public usage of land as it is based on active compulsory dispossession of private citizens of their significant asset. It represents, and should be, the last resort. The ROW Act recognizes the need for public land in National Government infrastructure projects and allows the process for the greater common good.
Within the mechanism and protocols for expropriation the documentation required from the owner to be advised with the NOT and final offer of correspondence are as below: 1) TIEZA as IA requests, in writing, the Office of the Solicitor General (OSG) to initiate expropriation proceedings, or to deputize TIEZA (as IA) legal officer(s) to initiate expropriation proceedings. 2) The IA, upon the filing of the complaint or at any time thereafter, and after due notice to the defendant, that it deposited with the court in favor of the owner a total amount comprising: a. One hundred percent (100%) of the value of the land based on the current relevant zonal valuation of the Bureau of Internal Revenue (BIR) issued not more than three (3) years prior to the filing of the expropriation complaint subject to subparagraph (c) of this section of the Act; b. The replacement cost at current market value of the improvements and structures as determined by (i) The implementing agency; (ii) A GFI with adequate experience in property appraisal; and (iii) An independent property appraiser accredited by the BSP; and c. The current market value of crops and trees located within the property as determined by a government financial institution or an independent property appraiser; The deposit of the provisional value as a prerequisite to the issuance of writ of possession serves double purpose of prepayment if the property is fully expropriated, and of an indemnity for damages if the proceedings are dismissed. It is not yet the final determination of just compensation; 3) The Court is required to release the funds to the owner upon sufficient proof of ownership. However, the IA shall deposit the amount to the court if in case the owner of the property cannot be found, if unknown, or deceased in cases where the estate
20 Within seven (7) days after the deposit to the court of the amount equivalent to the sum or sums awarded as compensation for the property and after due notice to the defendant, the court shall immediately issue an order to take possession of the property to the IA which shall start the implementation of the project.
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has not been settled, after exerting due diligence, or there are conflicting claims over the ownership of the property and improvements and structures thereon; 4) Upon compliance, the ROW Act requires the Court to immediately issue (ex parte) to the IA an order to take possession of the property (Writ of Possession) and start the implementation of the project; 5) If the owner of the property contests the implementing agency’s proffered value, the Court shall determine the just compensation to be paid the owner within sixty (60) days from the date of filing of the expropriation case. This is now the second stage of the proceedings, for the determination of final compensation, which is usually triggered by the appointment of disinterested persons to act as commissioners. In the determination of just compensation with the commissioners, the IA may present and introduce evidence on the properties fair market value. The Commissioners submit their report and the parties may file comments and objections thereto. However, the report is merely recommendatory, and the court is not bound to accept the same. 6) f) In cases where there are conflicting claims or encumbrances to the title, the IA should request the Court to issue a notice to all parties to settle their conflicts and differences, including to all heirs to undertake extra-judicial settlement, within prescribed period set by the Court. The IA may file a motion for reconsideration or appeal the decision of the Court. Otherwise, when the decision of the Court becomes final and executory, the IA shall pay the owner the difference between the amount already paid and the just compensation as determined by the Court. 7) A signed deed of absolute sale reflecting the Court’s decision is required before payment is made. Legal advice on the process should be sought from the case officer representing the IA before the Court.
With regard to the taxes and fees relative to the transfer of title of the property to the Republic through expropriation proceedings, the implementing agency shall pay the documentary stamp tax, transfer tax under RA 7160 and registration fees, while the owner shall pay the capital gains tax and any unpaid real property taxes as pursuant to Sec. 6(g) of the ROW Act.
The owner shall pay the CGT to the BIR within thirty (30) days after the judgment in the expropriation case had become final and executory. The IA shall also pay the DST within five (5) days after the close of the month when the judgment in the expropriation case had become final and executory.
For properties acquired through expropriation, the IA can enter the property after the receipt of the Writ of Possession (WOP) issued by the concerned Regional Trial Court.
ROW Acquisition for Other Cases. In addition to donation, negotiated sale, and expropriation as discussed above, other modes of acquisition prescribed under other laws may be implemented. 1) Lands granted under Commonwealth Act 141 (Public Land Act, 1936). The ROW Act provides that if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title, then the IA shall follow the provisions under Commonwealth Act No 141, as amended, regarding acquisition of ROW on patent lands as follows: a. Sec. 112 of Commonwealth Act No. 141, initially provided a twenty (20) meters strip of land easement for public use with damages (compensation) limited to improvements only. In the initial provision, there was no compensation for land easement within the prescribed corridor width.
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b. The twenty (20) meters strip was subsequently increased to sixty (60) meters PD 635, and added infrastructure projects which can benefit from the foregoing land easements such as public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines, airport runways, including sites necessary for similar works that the government or any public or quasi-public service or enterprise, may reasonably require for carrying on their business, with payment of damages for the improvements only. c. On June 2, 1978 Sec. 112 was further amended by PD 1361, which authorizes government officials in-charge with the prosecution of projects or their representative to take immediate possession of portion of the property subject to the lien as soon as the need arises and after due notice to the owners. Nonetheless, ownership over said properties shall immediately revert to the title holders when the infrastructure projects are completed or buildings used by project engineers are abandoned or dismantled, but subject to the same lien for future improvements. 2) ROW Acquisition through Exchange or Barter. In payment of compensation for landed estates acquired by the Government, whether thru voluntary agreement or through expropriation proceedings, the President of the Philippines may convey on behalf of the Republic, with the written consent of the owner of land, in total or partial payment of such compensation, such public land as is disposable by sale or lease to private individuals in accordance with law and such similarly disposable property pertaining to the Republic. 3) ROWSA through Easement. Section 10 of RA 10752 states that if a portion of lot needed for the ROW is minimal – that the cost for surveying or segregating the portion from the main lot would be greater than the value of the lot needed – then the implementing agency (IA) may, if the property owner agrees, resort to the mode of Easement of ROW provided under the Civil Code. A ROW easement agreement shall be executed between the property owner and the IA – with the former granting the latter the right to use the affected portion of the lot as ROW, and the owner retaining ownership of the land. Under such cases, the IA shall pay the owner the following: (i) value for the portion of the lot based on the existing zonal value declared by BIR, and (ii) value of the structures and improvements on land based on replacement cost. The IA shall be responsible for the registration of the ROW easement agreements with the Register of Deeds within 10 days from the date of execution, with the Registry of Deeds required to annotate on the Titles the agreements within seven days from receipt of the registration. 4) Acquisition of Non-Tidal Lands Requiring Reclamation, Dredging and Development Support Infrastructure. Reclamation is the deliberate process of converting foreshore land, submerged areas or bodies of water into land by filling and other means using dredge fill and other suitable materials for suitable purposes, such as habitation or cultivation. This process does not involve acquiring property from the private sector. Reclamation initiatives or projects are coordinated and integrated at the national and regional levels of development planning and programming, consistent with established national priorities of the government, and synchronized with development planning, programming, and budgeting. 5) Landowner is a Corporation. For the Acquisition process to proceed for lands owned by a Corporation or a Partnership, the owner must first present a Notarized Resolution of the governing Board, authorizing an officer(s) to execute the deed of conveyance. In case of a partnership, the managing partner or any authorized partner should execute the deed. The Acquisition process shall proceed upon the submission of the following documents:
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a. Duly notarized copy of the Resolution from the Corporation or Partners; and b. Certified true copy of the SEC registration papers. Once the corporation or partnership have submitted the required documents as mentioned above, acquisition process shall proceed, depending on the decision of the Board or Partners, either through Donation, or Negotiated Sale or Expropriation.
Appropriations. Under Section 15 of IRR of RA 10752, the government shall provide adequate appropriations that shall cover the funds needed to pay for the following expenses for activities directly related to ROW acquisition for the National Government infrastructure projects in advance of the Project implementation. This includes the cost for parcellary surveys and appraisal of project-affected properties, compensation for project affected land, structures and improvements, including relocation or replacement of compensable utilities, crops and trees.
The law also legitimizes the allocation of Government budget for the cost of development and implementation of resettlement projects such as social preparation (in accordance with Housing and Urban Development Coordination Council (HUDCC) design standards and costings), livelihood restoration and improvement, and other activities under the RAP in coordination with concerned government agencies.
Parcellary Survey. This involves the determination of the land requirements by formal survey by a qualified, professional geodetic engineer and production of a Parcellary Survey Report (PSR) containing plans, maps, real property technical descriptors (including identification of ownership and affected parties) with all of the information required for registration of the ROW property into the ownership of the Republic and with any balance (unrequired) land retained in the ownership of the dispossessed owner. This section also states that not all of the processes included in this process of parcellary survey require the professional input from the retained geodetic engineer. Instead, other activities such as title searches, collation of survey plans aerial imagery and cadastral mapping, census and tagging requirements arising from the proclamation of the cut-off- date, and negotiation with managing holders of existing public land were cited as such.
Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers (IPA) which help promotes objective property valuation.
Current Market Value of Land. Section 5(a)(1) of RA 10752 provides that the valuation of land under negotiated sale would be based on the current market value of the land. Section 7 of the same Act enumerates the standards for the assessment of the value of land to wit: 1) The classification and use for which the property is suited; 2) The development cost for improving the land; 3) The value declared by owners; 4) The current selling price of similar lands in the vicinity; 5) The reasonable disturbance compensation for the removal and demolition of certain improvements on the land and for the value of improvements thereon; 6) The size, shape or location, tax declaration and zonal valuation of the land; 7) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and 8) Such facts and events as to enable the affected property owners to have sufficient funds to acquire similarly situated lands of approximate areas as those required from them by the government, and thereby rehabilitate themselves as early as possible.
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Replacement Cost of Structures and Improvements. Under Section 6.6 of IRR of RA 10752, the replacement cost of structures or improvements affected by the ROW shall be based on the current market prices of materials, equipment, labor, contractors profit and overhead, and all other attendant costs associated with the acquisition and installation of a similar asset in place of the affected asset. In addition, (i) if the affected structure has been damaged, then the replacement cost should be the pre-damaged condition of that structure; (ii) the replacement cost of the structure may vary from the market value of the existing structure, since the structure that would actually replace it may have a different cost at current market prices; and (iii) the replacement structure has to perform the same functions and meet the performance specifications as the original structure.
Market Value of Crops and Trees. Section 5(a)(3) states that the Implementing Agency (IA) may offer to acquire, through negotiated sale the compensation price equivalent to the current market value of crops and trees.
As stated in section 6.8 of IRR of RA 10752, for owners of structures and improvements with no rights to the land, the law allows the payment of the replacement cost of structures and improvements even if their owners “do not have legally recognized rights to the land” as long as they meet the following conditions: (a) are Filipino citizens; (b) do not own any real property or other housing facility in any urban or rural area; and (c) are not professional squatters or members of a squatting syndicate as defined in the Urban Development and Housing Act of 1992 and (d) do not occupy an existing government ROW.
The absence of any of the four (4) mandatory qualifications means that these owners of structures and improvements who do not have legally recognizable rights to the lands they occupy will not be compensated. In addition, the IRR also indicates that PAPs shall present a proof of ownership (i.e. certification from the barangay or land owner) of the structure. Hence, if these owners had already benefited from any of the government’s housing programs (professional squatter as defined in RA 7279), they will not be compensated for their affected assets.
Payment Terms. Under Section 4 of RA 8974, the IA shall immediately pay the property owner the amount equivalent to 100% of the value of the property based on the BIR zonal value. Under Section 5 of RA 10752, the IA may now offer, through negotiated sale, the property owner with the compensation price consisting of the sum of the following: (i) current market value of the land; (ii) replacement cost for affected structures and improvements; and (iii) current market value of crops and trees therein. The amended law likewise mandates the IA to pay for 50% of the negotiated price of the affected land (exclusive of taxes), and 70% of the negotiated price of the affected structures, improvements, crops and trees (exclusive of unpaid real estate taxes) upon execution of the Deed of Sale. This supersedes the 100% (i.e. full payment) requirement indicated in RA 8974. The balance of 50% for the land and 30% for the structures and improvements shall be paid to the property owner, provided that the land is completely cleared of structures, improvements, crops and trees. A transfer of title would be provided to those whose land is wholly affected and an annotation of deed of sale would be provided to those whose land is partially affected.
For donation and negotiated sale, capital gains tax payable from the sale of the land and its improvements shall be paid by the IA for the account of the seller, while the seller shall pay any unpaid real property tax.
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B. Other Relevant National Laws and Policies
RA 11201 - An Act Creating the Department of Human Settlements and Urban Development (DHSUD), Defining its Mandate, Powers and Functions, and Appropriating Funds (2019). The new law consolidated the Housing and Urban Development Coordinating Council (HUDCC) and the Housing and Land Use Regulatory Board. The Department shall act as the primary national government entity responsible for the management of housing, human settlement and urban development, as well as the sole and main planning and policy-making, regulatory, program coordination, and performance monitoring entity. Section 2 of this provides that the State shall, pursuant to Section 9, Article XIII of the Constitution, ensure that underprivileged and homeless citizens have access to an adequate, safe, secure, habitable, sustainable, resilient and affordable home.
RA 7279 - Urban Development and Housing Act (1992). The Act stipulates that it is the policy of the state, in coordination with the private sector, to uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas by making available decent housing at affordable cost, basic services, and employment opportunities. Socialized housing, or housing programs and projects covering houses or home lots for the homeless and underprivileged, shall be provided by LGUs or the NHA in cooperation with the private developers and concerned agencies with the basic services and facilities. • Section 3 of the Act define Professional Squatter and Squatting Syndicate as individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded home lots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area and non-bona fide occupants and intruders or lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicate. • Section 8 of the Act and its Annex A mandated all LGUs in coordination with the NHA, Housing and Land Use Regulatory Board (HLURB), National Mapping and Resource Information Authority (NAMRIA), and the DENR Land Management Bureau (LMB) to identify lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in the urban areas. • Section 21 of the Act define Basic Services. Socialized housing or resettlement areas shall be provided with the following basic services and facilities: (i) Potable water; (ii) Power and electricity and an adequate power distribution system; (iii) Sewerage facilities and an efficient and adequate solid waste disposal system; (iv) Access to primary roads and transportation facilities; and (v) other basic services and facilities. • Section 22 of the Act define Livelihood Component. To extent feasible, socialized housing and resettlement projects shall be located near areas where employment opportunities are accessible. The government agencies dealing with the development of livelihood programs and grant of livelihood loans shall give priority to the beneficiaries of the Program. • Section 31 of the Act stipulates the implementation of the Community Mortgage Program (CMP). CMP, a socialized housing program of the government, seeks to improve the living conditions of underprivileged and homeless citizens by providing affordable financing to help them secure tenure on the land they occupy. Through the National Home Mortgage Finance Corporation (NHMFC), now the Socialized Housing Finance Corporation (SHFC), legally organized organizations are provided assistance from community mobilizers,
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processing of required documents to providing loans for lot acquisition, site development and house construction.
National Urban Development and Housing Framework (NUDHF, 2017). the NUDHF provides a primary framework for Urban Development and Housing, consisting of a vision, policy statements, and strategies, encompassing core development sectors and spatial elements. It is intended to guide the efforts of the Philippine government, private sector, and other Stakeholders in improving the performance and efficiency of the country's urban systems. Under the framework, eight strategies have been found relevant: Support vulnerable sectors and minimize displacement. Climate change resilience as a base for spatial structuring and sectoral development. Support policy on prioritizing On-Site and In-City Resettlement with Off-Site Resettlement as a last option as a spatial planning tool and a risk reduction. Develop inclusive, integrated housing. Improve affordability of housing programs and projects. Promote resilient housing. Update appropriate housing unit size requirements based on local context. Make land available and accessible for housing.
National Resettlement Policy Framework (2018) was adopted by HUDCC. The Framework was developed in response to the need for more sustainable solutions to the proliferation of informal settlements in the cities and the plight of Informal Settler Families (ISFs). It is an overarching framework that outlines common procedures and guidelines for the use of all agencies of the Philippine Government, and other stakeholders involved in the implementation of Resettlement and Socialized Housing Plans and Projects for ISFs and other displaced persons in need of resettlement due to natural or human-induced calamities, emergencies or crises. The framework has five objectives: Build quality and affordable housing for ISFs, and sustainable resettlement sites. Minimize adverse impacts of relocation and resettlement to ISFs. Promote and facilitate inclusive relocation and resettlement processes. Stronger local government role in relocation and resettlement programs. Build institutional arrangements and synergies, and forge Multi-Stakeholder partnerships.
RA 9679 - Home Development Mutual Fund Law (2009). The Home Development Mutual Fund (HDMF) is also known as Pag-IBIG (Pagtutulungan sa Kinabukasan:Ikaw, Bangko, Gobyerno) Fund. The Pag-IBIG Fund is a mutual provident savings system which is primarily intended for shelter financing among its members. Section 10 states that the Fund shall be private in character, owned wholly by the members, administered in trust and applied exclusively for their benefit. Section 6 of the Act provides that membership in the Fund shall be mandatory upon all employees covered by the Social Security System (SSS) and the Government Service Insurance System (GSIS), and their respective employers. However, coverage of employees whose monthly compensation is less than four thousand pesos (P4,000.00) is on a voluntary basis. Section 13 (d) and (e) mandates Pag-IBIG Fund to invest not less than 70% of its investible funds to housing, and to acquire, utilize, or dispose of, in any manner recognized by law, real or personal properties to carry out the purpose of the Act, respectively.
RA 9646 - Regulating the Practice of Real Estate Service (Appraiser) Act (2010). An act regulating the practice of real estate service in the Philippines, creating for the purpose a professional regulatory board of real estate service, appropriating funds therefore and for other purposes.
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RA 6685 - An Act requiring private contractors to whom national, provincial, city and municipal public works projects have been awarded under contract to hire at least fifty percent of the unskilled and at least thirty percent of the skilled labor requirements to be taken from the available bona fide residents in the province, city or municipality in which the project are to be undertaken, and penalizing those who fail to do so (1988). Private contractors of national and local public works projects funded by either the National Government or local government, including foreign-assisted projects must hire at least 50% of the unskilled and 30% of the skilled labor requirements from bona fide and actual residents in the province, city and municipality who are ready, willing and able, as determined by the governor, city mayor, or municipal mayor concerned. In areas where the number of available resources is less than the required percentages provided in the Act, said requirements shall be based on the maximum number of locally available labor resources which fact shall be certified by the municipal, city, provincial or district engineer as sufficient compliance with the labor requirements under the Act.
RA 9285 - Alternative Dispute Resolution Act (2003) promotes alternative mechanisms to resolve disputes outside of judicial litigation. ADR system adopts measures such as mediation, conciliation, arbitration, or any combination of it to achieve speedy and efficient means of resolving cases pending before all courts.
RA 386 - An Act to Ordain and Institute the Civil Code of The Philippines (1949). Article 141 is real actions over immovable prescribed after thirty (30) years. The provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. Article 1137 of the Civil Code states that an occupant of land, who do not have legal rights to it may legally claim ownership of said land if the real owner did not or was not able to exercise the right of ownership during the prescription period (In the Philippines, this is equivalent to 30 years). If the said occupant could not fulfil the full prescription period, he can add to the years he has been in possession of the property to those of the previous owner, as long as possession was continuous and uninterrupted. The Civil Code also has details of easements, ownership and ROW in Chapter 1, Sections 1-4.
RA 9184 - An Act for Modernization, Standardization and Regulation of the Procurement Activities of the Government (2003). It is the declared policy of the State to promote the ideals of good governance in all its branches, departments, agencies, subdivisions, and instrumentalities, including government-owned and/or -controlled corporations and local government units.
RA 8972 or the Solo Parent’s Welfare Act (2000) provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs.
RA 8975 - Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions and for other purposes Act (2000). Article XII, Section 6 of the Constitution states that the use of property bears a social function, and all economic agents shall contribute to the common good. Towards this end, the State shall ensure the expeditious and efficient implementation and completion of government infrastructure projects to avoid unnecessary increase in construction, maintenance and/or repair costs, and to immediately enjoy the social and economic benefits therefrom.
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RA 7277 - An Act Providing for The Rehabilitation, Self-Development and Self- Reliance of Disabled Person and Their Integration into The Mainstream of Society and For Other Purposes (1992) is an act providing for the rehabilitation, self-development and self- reliance of disabled persons and their integration into the mainstream of society and for other purposes. Republic Act No. 9442 is an act amending Republic Act No. 7277, otherwise known as the Magna Carta for disabled persons, and for other purposes. Batas Pambansa Blg. 344 is an act requiring certain buildings, institutions, establishment and public utilities to install facilities and other devices to enhance the mobility of disabled persons.
RA 7192 - Women in Development and Nation Building Act (1992). The Act aims to promote the integration of women as full and equal partners with men in development and nation building by granting women, regardless of their marital status, full legal capacity to act and enter into contracts. Section 2 provides that to ensure that the rights of women shall be equal to that of men, it should guarantee the following: (i) that as substantial portion of official development assistance funds received from foreign governments and multilateral agencies and organizations shall be set aside and utilized by the agencies concerned to support programs and activities for women; (ii) that all government departments shall ensure that women benefit equally and participate directly in the development programs and projects, specifically those funded under official foreign development assistance; and (iii) All government departments and agencies shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein.
RA 9710 - Magna Carta of Women (2010). The Act is the Philippine’s landmark legislation on gender equality. It is considered as the comprehensive women’s human rights on women as it embodies all the rights guaranteed by international and local laws to promote, protect, uphold and fulfill women’s human rights. • Section 4(d) defines the marginalized sectors as referring to the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system. • Section 19 guarantees the same rights for both spouses or common law spouses in respect of the ownership to properties and resources, whether titled or not, acquisition, management, administration, enjoyment, and disposition of property. • Section 21 ensures the development of housing programs for women that are localized, simple, accessible, with potable water, and electricity, secure, with viable employment opportunities and affordable amortization, and guarantees the consultation and involvement of women in community planning and development, especially in matters pertaining to land use, zoning and relocation. To implement this provision, the HUDCC, Key Shelter Agencies and LGUs shall: (i) Ensure that fEMle- headed households are not discriminated in the provision of relocation or resettlement sites and that access to basic services, facilities, employment, and livelihood opportunities are responsive to the needs of women. In cases of demolition and eviction, the HUDCC, Presidential Commission for the Urban Poor (PCUP), and LGUs or other bodies with similar functions in the local level, shall ensure the safe transfer of women and children to resettlement and relocation sites; (ii) Provide basic social services in resettlement communities in accordance with existing laws; (iii) Formulate policies and programs to ensure that housing programs and services are provided for women belonging to the marginalized sectors; (iv) Ensure that forms and documents are gender-responsive especially those involved in transactions of (a) married couples, (b) person in unions without marriage, and (c) single individuals; and (v) Monitor and evaluate gender design features in housing and urban development and all other
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kinds of infrastructure plans and strategies to ensure that all housing projects are able to secure the privacy and safety of women and children. • Section 22 provides for the duty of the State to progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality, and guarantee opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospects for personal development and social integration for all men and women. • Section 37 of the Implementing Rules and Regulations (IRR) provides for the strategies in mainstreaming genders concerns in the planning, budgeting, monitoring and evaluation of programs and projects. These strategies include among others, the following: (i) Allocation and utilization at least 5% of the government agencies, including LGUs, budget to implement gender-responsive programs and projects; (ii) Ensuring that 5-30% of funds received from foreign governments and multilateral agencies are in support of gender- responsive programs and projects; (iii) Creation and maintenance of Sex-Disaggregated Data (SDD) as basis for gender analysis and gender-responsive planning and budgeting; (iv) Integration of gender in national and local plans; and (v) Mainstreaming gender in the Program/project Monitoring Framework and System.
RA 8371 - Indigenous Peoples Rights Act (1997). The Act defines the identity and entitlements of indigenous peoples, as also their rights and remedies available under national law to protect their interests. The IPRA sets conditions, requirements, and safeguards for plans, programs, and projects affecting IP communities. The important provisions of IPRA are: • Right to the indigenous communities’ ancestral domains (Chapter III, Section 11). • Right to informed and intelligent participation in the formulation and implementation of any project, government or private, that will impact upon their ancestral domains (Chapter III, Section 7b). • Right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them (Chapter IV, Section 16). • Right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private (Chapter III, Section 7b). • Right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and indigenous cultural communities (ICC) concerned (Chapter III, Section 7c). • Right to be secure in the lands to which they have been resettled (Chapter III, Section 7d). • Right to determine and decide their own priorities for the lands they own, occupy, or use (Chapter IV, Section 17). • Right to maintain, protect, and have access to their religious and cultural sites (Chapter IV, Section 33). The IPRA-related EO 1035 stipulates (i) the provision of financial assistance to displaced tenants, indigenous peoples, and settlers equivalent to the average annual gross harvest for the last three years and not less than PhP 15,000 per ha, (ii) disturbance compensation to agricultural lessees’ equivalent to five times the average gross harvest during the last five years, and (iii) compensation for improvements on land acquired under Commonwealth Act 141. Also, another IPRA-related EO 132 stipulates procedures to be followed in the Acquisition of Private Property for Public Use and Creating Appraisal Committee. NCIP Administrative Order (AO) No. 3, Series of 2012 sets out the requirements for free, prior informed consent.
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RA 10121- Disaster Risk Reduction and Management Act (2010). The Act recognizes and strengthens the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters. These policies also apply in the formulation of housing and resettlement plans by the LGUs, and require that the resettlement areas are designed to be adapting to climate change and community systems allow for disaster risk reduction and response.
C. Executive/Administrative/Departmental Orders and Procedures
Presidential Decree (PD) 1533 - Just Compensation for Immediate Possession in Eminent Domain (1978). In determining just compensation for private property acquired through eminent domain proceedings, the compensation to be paid shall not exceed the value declared by the owner or administrator or anyone having legal interest in the property or determined by the assessor, pursuant to the Real Property Tax Code, whichever value is lower, prior to the recommendation or decision of the appropriate Government office to acquire the property.
PD 1529 - Property Registration Decree (1978). Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system. Courts of First Instance shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. The court through its clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings, exhibits, orders, and decisions filed or issued in applications or petitions for land registration, with the exception of stenographic notes, within five days from the filing or issuance thereof.
Executive Order (EO) 1035 (1985), provides the procedures and guidelines for the expeditious acquisition by the government of private real properties or rights thereon for infrastructure and other government development projects. 1) Financial assistance to displaced tenants/farmers, equivalent to the average annual gross harvest for the last three (3) years and not less than Php 15,000 per ha. 2) Disturbance compensation to agricultural lessees’ equivalent to five (5) times the average gross harvest during the last five (5) years. 3) Provision of financial assistance for the portion subject to the reservation under Section 112 of C.A. 141 on land acquired under C.A. 141 (for original patent holders only). This shall be over and above the compensation for affected portions of structures and improvements therein.
EO 272 (2004) the Social Housing Finance Corporation (SHFC) shall be the lead government agency to undertake social housing programs that will cater to the formal and informal sectors in the low-income bracket and shall take charge of developing and administering social housing program schemes, particularly the CMP and the Abot Kaya Pabahay Fund (AKPF) Program (amortization support program and development financing program). Further, where beneficiaries fail to form an association by and among themselves, the SHFC shall initiate the organization of the same in coordination with the Presidential Commission for the Urban Poor (PCUP) and the local government units concerned. No person who is not a bona fide resident of the area shall be a member or officer of such association.
EO 69 (2012) provides for the transfer of PCUP to the Office of the President (OP) to effectively coordinate, formulate and evaluate policies and programs concerning the urban poor. The EO also provides the following functions and power to PCUP: (i) Conduct of social preparation
138 activities related to asset reform, human development, and basic social services, employment and livelihood, and other programs of the government for the urban poor; and (ii) representation in Housing and Urban Development Coordinating Council (HUDCC), Key Shelter Agencies (KSAs) and in Local Housing Boards (LHB).
MO 65 (1983). Easement of ROW where the owner is paid the land value for the Government to use the land but the owner still retains ownership over the land.
National Housing Authority (NHA) Memorandum Circular 2427 (2012). As enabler and facilitator in the housing delivery process under RA 7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of the program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementing agency with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management.
NHA Memorandum Circular 2423 (2012). Given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples (IP) to improve their living conditions and uplift their well-being through the provision of decent shelter. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP community/ies and NHA.
NHA Memorandum Circular 015 (2015) provides the guidelines for site selection, site suitability, and site planning in the implementation of various housing development programs and projects of the National Housing Authority. It also entails the selection and planning of sites for housing with the objective of rationalizing the land use of NHA housing projects considering the many environmental and social issues on housing development vis-à-vis the existing government rules and regulations.
NHA Memorandum Circular 014 (2018) entitled, “Revised Guidelines for the Financing of the Acquisition of Developed Lots and Completed Housing Units in Permanent Housing Sites Through the Community Based Initiative Approach (CBIA)” seek to provide improvements on the Community Initiative Approach (CIAP) per NHA Board Resolution Nos. 6081 and 6155 dated May 13, 2016 and March 01, 2017, respectively. The latest issuance includes enhanced participation of Community Associations (CA) in identified aspects of the relocation and resettlement program and project implementation process, as well as strengthening of controls in the site evaluation, evaluation of landowner.
HLURB Memorandum Circular 13 (2017). The Housing and Land Use Regulatory Board (HLURB) Memo sets the price ceiling for Economic Housing at above PhP450,000 to PhP1,700,000 while a Medium-Cost Housing is above PhP1,700,000 to PhP4,000,000.
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ADB’s Social Safeguards Policy
62. ADB‘s Policy on Involuntary Resettlement is presented in its SPS, 2009. The aim of ADB Policy on Involuntary Resettlement is to avoid or minimize the impacts on people, households, businesses, and others affected by the acquisition of land and other assets, including livelihood and income. Where resettlement is not avoidable, the overall goal of the ADB policy is to help restore the living standards of the displaced persons to at least their pre-project levels by compensating for lost assets at replacement costs and by providing, as necessary, various forms of support. The objectives of the involuntary resettlement policy are: (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives, if involuntary resettlement is unavoidable; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups. Details can be found in the Safeguard Policy Statement (2009), ADB.
63. Apart from the SPS, 2009, other relevant ADB‘s Policies that are applied in resettlement planning and implementation include Gender and Development Policy (1998), Public Communications Policy (2011), and Accountability Mechanism Policy (2012). The Gender and Development Policy (1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process for development activities. For projects that have the potential to cause substantial gender impacts, a gender plan is prepared to identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of the project. The Public Communications Policy (2011) requires active participation of displaced persons and other stakeholders during the development and review of safeguard policies on ADB- assisted programs and projects. The Accountability Mechanism Policy (2012) aims to enhance ADB‘s capacity in responding to and/or resolving the problems associated with implementation of its policies in all programs or projects it assists. It consists of a consultation phase and a compliance review phase, by which the problems or issues raised by the displaced persons and/or stakeholders are investigated and resolved.
G. Annex G - Monitoring indicators Monitoring Suggested indicators parameters Consultation and • Consultations organized as scheduled including meetings, groups, Grievances and community activities. • Knowledge of entitlements by the PAPs. • Use of the grievance redress mechanism by the PAPs. • Information on the resolution of the grievances. Information on the implementation of the social preparation phase. • Implementation of special measures for the vulnerable. Communications and • Number of general meetings for PAPs. Participation • Percentage of women out of total participants. • Number of meetings exclusively with vulnerable groups. • Level of participation in meetings PAPs. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages.
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Delivery of • Entitlements disbursed, compared with number and category of Entitlements losses set out in the entitlement matrix. • Disbursements against timelines. • Identification of PAPs 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 any resettlement allowances, according to schedule. 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. Budget and Time • Social safeguards staff appointed and mobilized on schedule for field Frame and office work. • Capacity building and training activities completed on schedule. • Achieving resettlement implementation activities against the agreed RAP. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the RAP. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation. Livelihood Restoration • Number of PAPs under the rehabilitation programs. • • Types of training and number of participants in each program. • Number of PAPs who have restored their income and livelihood patterns. • Number of new employment activities. • Extent of participation in rehabilitation programs. • Degree of satisfaction with support received for livelihood programs. • Percentage of PAPs who improved their income. • Percentage of PAPs who improved their standard of living Benefit Monitoring • 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 situation. • Changes in cost of living compared to the pre-project situation.
H. Annex H – Assessment on ADB financing of Involuntary Resettlement Costs
Social Safeguards assessment regarding use of loan/grant proceeds for resettlement, land acquisition and associated allowances.
ADB Safeguard Policy Statement provides guidance that all ADB-financed and/or ADB- administered sovereign and non-sovereign projects, and their components regardless of the source of financing including investment projects funded by a loan 21 . Specific measures are included to ensure that sufficient due diligence has been conducted in line
21 Operations Manual Section F1/BP, Page 2, Paragraph 6.
141 with OM Section H322 and Staff Instructions23 including considerations of economy and efficiency in utilizing proceeds of the loan and its proper use. Operations Manual section F1 provides a list of items that do not qualify for ADB financing and the specific requirements for borrows in delivering involuntary resettlement safeguards when ADB financing is requested for land acquisition costs and payments of rights-of-way that relate to involuntary resettlement.
Justification for ADB’s financing of the cost of acquisition of land and payments for rights- of-way are provided below:
Key considerations for Rationale supporting the use of ADB grant/loan proceeds for land acquisition and resettlement The benefit of such ADB financing Providing loan funds to cover IR costs will ensure that in lowering the risk of project the project is able to provide compensation and implementation delays, as well as allowances to eligible households in a timely manner cost escalations resulting from the that will allow for contract awards, disbursement and government’s budget condition. commencement of works to occur. TIEZA’s main source of revenue is from the Philippines Travel Tax (levy charged on outbound passengers), which has suffered significantly due to the COVID-19 pandemic. Similarly, Coron and El Nido Local Government Units are facing budgetary deficits due to reduced tourism receipts. Fund availability to support land acquisition and resettlement will lower the risk of implementation delays as tourism in the Philippines is not expected to return to pre-pandemic levels until 2024 at the earliest. The suitability of land market Land market conditions in Palawan are established and conditions, including the strategies the Philippine Government has sufficient safeguards in to deal with any foreseen place to ensure that distortions are deterred. Qualified distortions; Land Appraisers are to confirm that land prices are in line with current market values. To ensure that replacement cost is provided and adequate, compensation shall include, but not limited to, all relevant allowances such as labour, improvements, taxes and land titling costs. In addition, an external monitor shall be engaged by the project and shall review the resettlement implementation process. Specific guidelines are provided to confirm that land valuation is in line with current market conditions and associated administrative and transactional costs are included as replacement cost. the adequacy of the administrative The Detailed Measurement Survey and Socio-Economic arrangements, essentially to Survey are the key tools that will collect information that ensure that the channeling of will identify and confirm eligibility of households to
22 Operations Manual Section H3, page 2, Paragraph 6 23 Staff Instruction based on OM Section H3, Page 2-3, Paragraph 7-9.
142 funding is done transparently and receive compensation. A Compensation Completion efficiently; Report of each subproject shall provide pertinent details of each household, including legal IDs to ensure that all households have been checked and verified against the parcel of land owned or asset identified. Measurements and calculations for compensation at replacement cost shall also be included. Bank transfers shall be utilized as the mode of payment, providing a transparent mechanism in which compensation is paid. the soundness of the monitoring TIEZA will allocate an Engineer that will monitor the and evaluation arrangements for project at the field level. The Local Inter-Agency the purchase and payments for Committee (LIAC) which will be formed through a rights-of-way. Memorandum of Understanding (MOU) between TIEZA and the concerned LGU and related departments will oversee resettlement activities. TIEZA will also engage a project management firm to provide safeguards support to ensure that SPS requirements are complied with. In addition to internal and ADB monitoring, an external monitor is in place to provide specialist review and advice regarding the resettlement process. In particular, the external monitor shall be required to conduct surveys of households, through targeted and random sampling, to confirm that households have been compensated at replacement cost and that households are not worse off due to the project. Regarding expenditures in relation The Operations team confirms that the expenditures to involuntary resettlement or included in the Resettlement Plans for both Coron and indigenous peoples. The El Nido are based on a robust analysis of the current operations team confirms that market conditions and measures have been taken to expenditures in relation to avoid, minimize and mitigate for impact. All actions have involuntary resettlement and/or been planned in compliance with all applicable indigenous peoples are eligible for requirements. ADB has endorsed and accepted the ADB financing based on whether Resettlement and Indigenous Peoples’ Planning they are, or will be, incurred in documents and have disclosed these on XX Date 2021. compliance with all applicable requirements under Operations Manual section F1 (Safeguard Policy Statement) and the ADB approved resettlement planning documents and/or indigenous peoples’ planning document
In light of the above conditions, the project shall, as provided within the Resettlement Plans, document all actions including considerations of economy and efficiency in utilizing proceeds of the loan and its proper use. In particular, specific measures and instruments are provided below to highlight the key actions to be completed to monitor the resettlement process.
1. TIEZA, through the Project Management Unit, will engage the services of an external monitoring and evaluation expert to conduct an external assessment of
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the extent to which involuntary resettlement (IR) and indigenous peoples (IP) safeguards objectives are being met. The external monitor shall provide specialist review and advice regarding the resettlement process. In particular, the external monitor shall be required to conduct surveys of households, through targeted and random sampling, to confirm that households have been compensated at replacement cost and that households are not worse off due to the project.
2. A compensation completion report would be required which would contain the following;
a. Evidence of an analysis of replacement cost, to confirm that no distortion of market conditions have occurred. b. Minutes of meetings signed by all relevant parties c. Land valuation for the area based on transactions / land zoning documents. d. FORM 1 and FORM 2 e. Land title of the parcel to be sold/acquired. f. Land titles to show the transfer of land to the project and, if necessary, the land title of remaining land of the Affected Household. g. Documentation showing the transaction details including costs. h. All documents to be reviewed and witnessed by Notary or equivalent third party who must not have a commercial interest in any aspect of the project or project activities.
The process or sale of land should not negatively affect the livelihood or increase the vulnerability of any affected persons thereby ensuring that affected persons will maintain the same or better income and livelihood status. Information such as the amount of land owned by the seller/owner, their reported livelihood and income can be used to verify this. For example, acquisition of 300m2 on a 2 Hectare parcel of land that is not used for productive means is unlikely to have a significant livelihood impact, especially if the market/replacement value of the land has been paid and the HH was a willing seller. Another example is the acquisition of 400 m2 on a 2 Hectare parcel of land that is productive, but upon interviewing the household, it is identified as not their main source of income.
A negotiated settlement will offer at least adequate and fair market price for land and/or other assets. The market value will be demonstrated with appropriate land zoning documents and evidence of recent sale of similar land, with adjustments made for the type of land that has been purchased and any assets found on the land. For example, a developed piece of land in a central location will likely to be more valuable than the zonal value. Market value can be verified by locally produced documents indicating recent transactions.
The documents pertaining to the land parcels, such as maps, land registries, sales records, consultation records, decision records, laws and policies pertaining to the sale/negotiations, and development plans are to be included in compensation reports to ADB.
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The borrower/client is required to engage an independent external party to document the negotiation, land and asset acquisition processes. The independent external party cannot be associated with the project in any past or present capacity. In this case, a Notary Public will suffice.
Land to be sold must be owned by the negotiating party/Affected Household, be free of dispute and will be subject to due diligence reports to illustrate that there are no other land users that might be impacted by a change of land and that the process has been followed. If the original owner has passed away, evidence of extrajudicial settlement with their heirs, with evidence of death of owner and relationship to seller/s (heirs).
The forms and checklist provided below can be translated into any language that would ensure that the seller comprehends its contents but should match the English version.
Criteria set out in IR sourcebook as Examples of verification that may be good practice. required Provision of fair and appropriate • Market appraisal of land included, compensation • Value of compensation at a premium above zonal value and any assets found on said parcel. • Receipt of payment received with both parties named with ID included Negotiated/Acquired through meaningful • Documentation will be required to consultations. verify the content of these negotiations and discussions. • Records of public consultations included. For this purpose, the borrower/client will • The process of negotiated engage an independent external party to settlement is verified by an document the negotiation and settlement independent third party such as, but processes not limited, to a Notary Public, Bgy. Captain or similar. • Minutes of meetings and signed agreements to be included in the report Costs of land and other assets affected; • Market appraisal of land included in Compensation Completion Report. • This should be from Zonal rates and local recent transactions (Include documents to support valuation) • Other credible sources such as, but not limited to, local banks For negotiated settlements, land must be • Seller writes a letter to state that owned by the seller, be not under dispute land is free from encumbrances or and any land use must be include in due dispute, letter or signed minutes diligence report to ensure that there are from Barangay official to verify this no livelihood impacts on users of the land. at a consultation.
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• Current use of land to be included – is anyone using the land? (users) • What income is derived from the parcel of land and what impact is this on the overall income of the HH • If not in use, letter from Barangay to confirm. The independent external party cannot be • Any potential conflict of interest associated with the project in any past or needs to be assessed and avoided. present capacity.
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Sample Negotiated Settlement Agreement – FORM 1
The following agreement has been made on…………….day of ……………. Between Mr./Ms. .………………………..….., aged….., resident of ………………….. zone, district…..……………… (the owner) and ……………………………… (the recipient/subproject proponent).
That the land with certificate no…………is located…………….. and constitutes …… % of land owned.
1. That the owner certifies that the sale of this land will not have a negative impact on their livelihood
2. That the owner holds the transferable rights of land ..…………(area in sqm), with plot No……… at the above location (include a copy of the certified map, if available) .
3. That the Owner testifies that the land/structure is free of squatters or encroachers and not subject to any other claims.
3.1 That the owner(s) agree to sell above assets for the negotiated price in accordance with the attached schedule.
3.2 That the project owners agree to pay the agreed price for the land and other assets within two weeks from the date of getting approval for the project from the Government of ………….....
3.3. In case of any delay in payment within the stipulated time, this agreement will become null and void and the recipient will no longer have any claim over the land and assets.
4. That the recipient shall construct and develop the ……………………..and take all possible precautions to avoid damage to adjacent land/structure/other assets.
5. That the provisions of this agreement will come into force from the date of signing of this deed.
Schedule of Assets and Price/Compensation in the Case of Negotiated Settlement Summary of Units to be Purchased Agreed Price
Affected Units/Item 1. Land (agricultural, residential, etc.) …………………………………(sqm) ………………
(Name and signature of owner) (Name and signature of subproject proponent)
……………………………………………. ……………………………………….. (signature of Barangay head)
Attach map of the area showing location of affected land. (GPS reference and photos of plot)
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Third Party Verification Checklist – Form 2
Verifies the observance of the transaction and that all details contained in the presented documents are correct.
Checklist for External monitor, Notary, Local People’s Organization representative, Local NGO representative or similar.
Item Signature and/or stamp
Original land title has been seen
Owner of land is confirmed as having authority to sell and matches land title and ID Owner has stated in writing that the land is free of encumbrances or dispute and no person or structure that does not belong to the landowner will be affected. Price of land purchased is at locally agreed market value as per zonal assessment and recent transactions. Price of land is higher than zonal value.
The authority signing this document has no association with the project in any past or present capacity.
The sale of the land will not negatively impact on the livelihood of the landowner or anyone currently utilizing the land. This will be in a statement from the purchaser
(Signature, name and address and official title / stamp)
I. Annex I - Detailed compensation budget
1. The replacement costs estimated for the compensation budget are based on recent ADB projects in Philippines.24
24 ADB. 2020. PHI: South Commuter Railway Project.Manila (July 2020); ADB. 2020. PHI: Malolos Clark Railway Project (August 2020). Manila.
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2. The compensation unit rate covers the amount in cash or in-kind, including transactions costs and taxes, needed to replace an asset and is the value determined as compensation for:
i） Agricultural land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on productive value; ii） Construction or residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent land sales, based on similar location attributes; iii） Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; iv） Annual crops equivalent to the highest production of crop over last three years multiplied by the current market value of crops; v） Perennial crops and trees based on current market value per the type, age, diameter at breast height and productive capacity; and vi） Other assets (i.e., cultural, aesthetic) based on current market value for repairing and/or replacing assets or the cost of mitigating measures.
Table 1: Detailed Compensation Budget No Unit Quantit Amount Amount Cost item Unit . price y (P) (USD) A Land acquisition (of privately owned land) 1 Residential land m2 2 600 1 395 3 627 494 72 550 2 Commercial land m2 8 600 200 1 720 000 34 400 3 Agricultural land m2 250 16 225 4 056 250 81 125 Subtotal 9 403 744 188 075
B Structures
Residential house (full-house of hollow blocks 1 m2 10200,00 66,50 678 300 13 566 and G.I. roofing) for self-relocation
Residential house (full-house timber with tin 2 m2 6470,00 66,00 427 020 8 540 roof and simple materials) for self-relocation
Residential house (full-house of hollow blocks 3 m2 10200,00 64,00 652 800 13 056 and G.I. roofing) for partial impact
4 Secondary/auxiliary structures m2 2 402 54,1 129 880 2 598 Subtotal 1 888 000 37 760
C Trees 1 Fruit trees Tree 1 266 47 59 502 1 190 2 Timber trees Tree 900 10 9 000 180 Subtotal 68 502 1 370
D Resettlement Site and Assistance 11 600 00 1 Resettlement site development PAH 580 000 20 232 000 0 23 900 00 23 900 00 2 Municipal and Communal infrastructure RS site 1 478 000 0 0
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No Unit Quantit Amount Amount Cost item Unit . price y (P) (USD)
3 Rental subsidy for business enterprises PAH 30 000 4 120 000 2 400
4 Rental subsidy for relocation of PAH PAH 55 435 23 1 275 000 25 500
5 Connection fee for utilities PAH 17 000 23 391 000 7 820
6 Transportation assistance PAH 20 000 23 460 000 9 200
7 Commuting allowance PAH 56 087 23 1 290 000 25 800 8 Subsistence/food allowance PAP 900 123 110 700 2 214
Cost of hiring of special assistance during 9 PAH 6 400 3 19 200 384 relocation 39 165 90 Subtotal 783 318 0 E Income Loss 1 Permanent Business income loss PAH 180 000 4 720 000 14 400 2 Temporary Business income loss PAH 60 000 1 60 000 1 200 3 Rental income loss (land) Parcel 176 000 5 880 000 17 600 Subtotal 1 660 000 33 200
F Livelihood Restoration and Improvement 4 LIRP activities PAH 15 000 32 480 000 9 600 5 Vulnerable PAH hardship allowance PAH 10 000 24 240 000 4 800 Subtotal 720 000 14 400
G RAP implementation and monitoring Lump 1 Detailed measurement survey 1 500 000 1 1 500 000 30 000 sum Lump 2 Replacement cost survey 1 000 000 1 1 000 000 20 000 sum Lump 4 Cost of RAP Implementing Institution 1 500 000 1 1 500 000 30 000 sum 5 Cost to operate GRM Month 50 000 48 2 400 000 48 000 Lump 6 Information disclosure 100 000 1 100 000 2 000 sum 7 Internal monitoring Month 50 000 48 2 400 000 48 000 8 External monitoring Month 500 000 4 2 000 000 40 000 10 900 00 Subtotal 218 000 0 63 806 14 1 276 123 TOTAL A-G 6 6 Administrative Cost 1 914 184 38 284 7 Contingency 4 776 015 95 520 Subtotal 6 690 199 133 804
70 496 34 1 409 927 H TOTAL PRAP BUDGET 5
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i. Compensation for Land
3. Average prices for each type of land (residential, commercial and agricultural) was counted based on prices of recent land sales in the area received from local real estate agents to establish current market rates at replacement cost. The zonal values published by the Department of Finance (November, 2017) for commercial land for Coron is 8,000 - 15,000 PhP/m2 at central Coron areas next to the main roads, but 1,500 - 2,500 PhP/m2 in Tagumbay and away from the roads. Due to the impacted land not located next to the main roads, the average market rate in resettlement budget calculated as 8,600 PhP/m2 for commercial land. Similarly, for residential land, the zonal prices in central Coron is 5,000 - 10,000 PhP/m2, but in Tagumbay and away from the roads 1,000 - 1,250 PhP/m2. The average market rate for residential land in resettlement budget calculated as 2,600 PhP/m2. Agricultural land zonal prices are between 15 and 110 PhP/m2, whereas the average market rate in resettlement budget calculated as 250 PhP/m2. The prices are inclusive of taxes (Capital Gains Tax 6% and Documentary Stamp Tax 1.5%). Also, the land titles will be amended or annotated at no cost to the PAH. There is no cost for any impacted public land.
ii. Compensation for Affected Structures
4. Replacement costs for impacted structures is calculated only for PAHs who expressed their preference for self-relocation or where no relocation is taking place were computed based on the IOL survey definition of houses and structures. For budgeting purposes in this PRAP, the replacement cost reference is from Schedule of Fair Market Values of Properties, effective from January 2019, prepared by Coron Provincial Assessors Office and approved under Resolution No. 13508 and Ordinance No. 1914-2018. The replacement costs include direct costs, i.e., labor and material costs and indirect costs, i.e., professional fees, overheads, taxes, finance costs, profit margins or entrepreneurial profits to asset creators. Actual compensation amounts for structures can only be determined during DMS/RCS at the preparation of PRAP stage. These are detailed for primary structures in Table 2 and for secondary structures in Table 3.
Table 2: Compensation for Residential and Commercial Buildings (full and partial impact)
No of No of Affected Unit cost Cost Cost Primary structure PAHs/PAPs structures area (m²) (PhP) (PhP) (USD)
Residential house (full- house of hollow blocks and G.I. roofing) for self- 1/4 1 66.5 10,200/m2 678,300 13,566 relocation (PAH ID 024- CO) Residential house (full- house timber with tin roof and simple 2/5 2 66 6,470/m2 427,020 8,540 materials) for self- relocation (PAH IDs 002-CO and 004-CO) Residential house (full- house of hollow blocks and G.I. roofing) for 1/3 1 64 10,200/m2 652,800 13,056 partial impact (PAH ID 001-CO) Total 4/12 4 196.50 1,758,120 35,162
Table 3: Compensation for Secondary Structures
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Impact Total Cost No Secondary/Auxiliary Structure Impacted Area Unit Cost PhP USD (m2) (PhP) 1 Bathroom 3 5,600 16,800 336 2 Stall 3.078 5,019 15,448 308.96 3 Waiting place 48 2,034 97,632 1,952.64 2,402 Total 54.078 129,880 2,598 (Average)
iii. Affected Trees
5. Affected trees will be compensated at current market value regardless of tenurial status of PAP on the land where these crops and trees are located. Table below shows the valuation of fruit and timber/decorative trees on private and public lands affected by the Project based on FS COI alignment. The valuation market rates are based on ADB PHI: South Commuter Railway Project (2020) rates. Updated number of affected trees based on DED alignment will be included in the updated RAP.
Table 4: Type Affected Fruit-bearing Trees and Unit Rate
Cost Type of No Unit fruit Unit cost Total cost Total cost (PhP) (PhP) (USD) 1 Coconut 3 5,000 15,000 300 2 Mango 5 5,000 25,000 500 3 Jackfruit 1 500 500 10 4 Banana 2 500 1,000 20 5 Tamarind 4 500 2,000 40 6 Calamansi 2 500 1,000 20 7 Cashew 30 500 15,000 300 1,266 Total 47 59,500 1,190 (Average)
Table 5: Type Affected Timber and Decorative Trees and Unit Rate
Cost No Type of tree Unit
Unit cost Total cost Total cost (PhP) (PhP) (USD) 1 Acacia 6 1,000 6,000 120 2 Talisay 2 1,000 2,000 40 3 Bamboo 2 500 1,000 20 900 Total 10 9,000 180 (Average)
iv. Resettlement Site Preparation and Assistance
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6. Resettlement Site Development. For a budgetary purpose, all PAHs who indicated their preference on relocation to resettlement site (20 PAHs) are included in this PRAP in the computation of resettlement site development. The price ceiling for socialized housing with 28 m2 floor area (loft of at least 50% of the base structure) or 32 m2 floor area is Php 580,00025.
7. Municipal and Communal Infrastructure. At the time of PRAP preparation it was not clear whether DTIEZA or LGU has funds available for preparation of all the necessary infrastructure for the resettlement site(s). Therefore, a reservation of 23,900,000 PhP (478,000 USD) is made for Municipal and Communal Infrastructure development.
8. Rental Subsidy. For PAPs who are leasing space from property owners and will continue with their micro or small business activities elsewhere, will be provided with a rental subsidy for three months based on prevailing average monthly rental rates for a similar structure of equal type and dimension with the property being leased. For preliminary budget planning purposes, the subsidy has been applied to all displaced businesses with permanent impact at rate of 10,000 PhP/month. The actual number of eligible businesses will be determined during preparation of the DED stage RAP, once tenure information of the businesses has been validated.
9. A rental subsidy is computed for all PAH to be relocated for average 12 months period due to time required for development of the resettlement site. This is aimed for PAHs for relocation to the resettlement site. For self-relocated for waiting to find permanent housing the subsidy is for 5 months of rental payment for an alternative dwelling at prevailing rates with sufficient space for all PAPs will be provided. The rates are based on average prevailing rental rates of 4,730 PhP/month in El Nido, which for budgeting purposes are regarded as similar to Coron. The rate is rounded to 5,000 PhP/month as SES data is from 2018.
10. Connection Costs for Utilities. Basic utilities required for PAPs self-relocated, which include water, electricity, and communications, e.g., telephone and internet. The costs for utility connection is based on the published charges of utility companies which reflect installation costs for water, bill deposits equivalent to 5.00 KW of electricity consumption, and landline and internet bundle costs for communications. The utility connection package is estimated at 17,000 PhP/PAH.
11. Transportation Assistance. Transportation assistance, which is calculated based on PhP 10,000 per household will be provided in transferring/moving PAH and their belongings to resettlement site, or in case the resettlement site is not ready, then to a temporary housing accommodations, and to final relocation sites for self-relocated PAHs.
12. Commuting allowance. PAPs who need to relocate to a place that makes it more expensive to commute to their place of work and they retain their employment are entitled to receive a commuting allowance of an amount based on additional cost, but not exceeding PhP 5,000 / PAH / month for twelve months (12) for PAHs relocating to resettlement site (20 PAHs) and six months for self-relocated PAPs (3 PAHs).
13. Subsistence/Food Assistance. All APs on-site or self-relocating will be provided food allowances at PhP 150 / day / PAP for a total of six days. In case relocation takes longer, further funds can be allocated from the contingency.
25 HUDCC Resolution No. 1 Series of 2018.
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14. Special Assistance. For households requiring special cares during relocation due to vulnerability, or PAHs having elderly or disables PAPs. A manpower assistance team (MAT) composed of two persons will be provided by the TIEZA for one day for each family to assist in removal of their belongings and other items. The assisting staff will be remunerated based on the minimum wage level, equivalent to PhP 400 / day / assistant.
Table 6: Relocation Assistance for Subproject Beneficiaries/ Allowances Total Type of eligible No Assistance Cost PAHs PAPs Unit Quantity (PhP) (USD) (PhP) Resettlement 1 site 20 114 House 20 580,000 11,600,000 232,000 development Municipal and Lump 2 communal 20 114 1 23,900,000 23,900,000 478,000 sum infrastructure Rental subsidy 3 4 21 Month 3 10,000 120,000 2,400 (business) 4 Rental subsidy 23 123 Month 10.7 5,000 1,275,000 25,500 4a RS site 20 114 Month 12 5,000 1,200,000 24,000 4b Self-relocation 3 9 Month 5 5,000 75,000 1,500 Connection fee 5 23 123 Utility set 23 17,000 391,000 7,820 for utilities Transportation 6 23 123 Truck 2 10,000 460,000 9,200 assistance Commuting 7 23 123 Month 6 5,000 1,290,000 25,200 allowance 7a RS site 20 114 Month 12 5,000 1,200,000 24,000 7b Self-relocation 3 9 Month 6 5,000 90,000 1,200 Sustenance Day / 8 23 123 6 150 110,700 2,214 /food allowance assistant Special 9 24 123 Person 2 400 19,200 384 assistance Total 39,1650,900 783,318
v. Livelihood Restoration and Improvement
15. Income Loss Compensation for Business (permanent and temporary). Businesses that will be displaced or whose operation will be temporarily disrupted due to land acquisition are entitled to income loss compensation. The compensation for income losses for micro- and small businesses is computed for the minimum duration of one month and maximum duration of six months for temporary impact using average monthly income declared by disclosing businesses. If business disruption is longer than 6 months, the impact is considered as permanent. For permanent income losses, cash compensation for maximum 18 months will be provided to re- establish business elsewhere.
16. TIEZA will find ways to minimize loss of income through workable arrangement with business owners. For budgeting purposes 10,000 PhP/month for business disruption is estimated, which will be confirmed during DMS/RCS when data on business tax records, transactional costs
154 for re-establishing business elsewhere, transport for belongings, and cash assistance for securing soft loans, are available.
17. Income Loss Compensation for Employees of Affected Business (permanent and temporary), or Employment-based Income Loss. PAPs who are employed in a displaced commercial, agricultural, institutional or industrial establishment and lose their job due to closure of business or laying off as a result of minimized operation, or PAPs whose employment will be inaccessible after relocation and as a result lose their employment (permanent impact), are entitled to income loss compensation equivalent to minimum four months of either actual net salary for PAPs receiving above minimum wage or minimum six months equivalent to minimum wage for PAPs receiving within or near minimum wage. For temporary impact on employment, caused by temporary disruption by the Project on business employing the PAP, the PAP will be compensated for the duration of employment disruption, but on minimum level at least one (1) month minimum wage. For preliminary budgeting purposes, permanent income loss compensation is computed based on minimum wage (PhP 5,700 / month) for the duration of six months. The actual number of months to be applied to individual affected employees (whether four or six) will be finalized during preparation of the DED stage RAP following validation of employee incomes.
18. Rental Income Loss. For loss of main structures rented out to tenants, the owner is eligible for compensation of rental income loss for four months when the structures are permanently removed. In case of permanent impact on rental income, participation to livelihood and income restoration program (LIRP). Details of LIRP to be defined during DMS based on detailed consultations with PAPs.
19. Compensation for Livelihoods. Vulnerable households are entitled to livelihood rehabilitation assistance of Php 15,000 in the form of training aimed at improving their income level upon displacement. In case PhP 15,000 is not sufficient, additional funds will be used from contingency.
20. Vulnerable PAH hardship allowance. In terms of special assistance for vulnerable groups, cost estimates are computed for all vulnerable PAHs as inconvenience allowances. As stipulated in the entitlement matrix, vulnerable groups will be entitled for inconvenience allowances equivalent to PhP 10,000 per household.
Table 7: Income Loss and Income Restoration Assistance for Subproject Beneficiaries/ Allowances Total Type of eligible No Assistance Cost PAHs PAPs Unit Quantity (PhP) (USD) (PhP) Business 1 income loss 4 21 Month 18 10,000 720,000 14,400 (permanent) Business 2 income loss 1 3 Month 6 10,000 60,000 1,200 (temporary)
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5 Rental income 6 (11 10 Month/parcel 4 20,000 880,000 17,500 loss (land) parcels) 7 LIRP 32 135 Lump sum 1 15,000 480,000 9,600
Vulnerable 8 hardship 24 123 Lump sum 1 10,000 240,000 4,800 allowance Total 2,380,000 47,600
vi. RAP Implementation and Monitoring
21. Cost for the Operation of RAP Implementing Institutions. The cost was computed for the 24-month operation of the RAP Implementation Management Committee (RIMC) and the Local Inter-agency Committee (LIAC). The cost items may include the following: (i) honorarium for LGU personnel to be assigned to RIMC or LIAC, (ii) budget for processing of Certified True Copies (CTC) of documents and other requirements needed by the PAPs, particularly those who are indigent; (iii) budget for meetings to be held between TIEZA and the LGU; and (iv) other incidental costs, which are not yet identified as of the preparation of the RAP.
22. Cost for the Implementation of the Grievance Redress Mechanism. The cost to implement the grievance redress mechanism (GRM) includes a budget for office supplies and recurring expenses for the operation of local help desks in the affected LGUs.
23. Cost for Continuing Information Disclosure. The budget for information disclosure and stakeholder consultation includes .
24. Internal Monitoring Cost. The cost was computed for 48 months of internal monitoring during the RAP implementation in the affected LGUs.
25. External Monitoring Cost. The cost was computed for 1 month per year for the duration of project implementation for external monitoring during the RAP implementation for compensation payments, relocation activities and LIRP.
156
J. Annex I - Project Design Framework
Projects under Projects preparation under 1. Projects with medium - high safeguardsimplementatio risks Projects under and/or classified as “highly complex and sensitive” that are unable to use normal or alternative methods preparation: Postpone 2. Projects with high safeguards risk that Projects finalization of are able to use alternative methods and/or under project adjust safeguards preparation timeline but preparation documents still lack clarity in identification of risks : Proceed (PCP, RRP, with project PAM/FAM, processing 3. Projects with medium safeguards risks IEE/EIA, RP etc.) that were unable to finalize details of project until normal components/locations because of the methods of due diligence can be followed or until 5. Projects under implementation with high - there is clarity of medium safeguards risk that are able to use Projects risks and feasible alternative methods and/or adjust safeguard under risk mitigation implementa measures are 4. Projects with low safeguard risks tion: identified. Continue Applies to projects under with project preparation and implementation implementati on Projects under Applies to projects under implementation: Applies to projects under Postpone implementation only implementation of project activities with high safeguards risks until normal methods of review can be followed or clarity of risks and feasible risk mitigation measures are