Resettlement Plan
February 2020
PHI: EDSA Greenways Project (Taft Station)
Prepared by Department of Transportation for the Asian Development Bank.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. CURRENCY EQUIVALENTS
(As of 30 January 2020; Central Bank of the Philippines) Philippine Peso (PhP) (51.010) = US $ 1.00
ABBREVIATIONS
ADB Asian Development Bank AH Affected Household AO Administrative Order AP Affected Persons BIR Bureau of Internal Revenue BSP Bangko Sentral ng Pilipinas CA Commonwealth Act CGT Capital Gains Tax CAP Corrective Action Plan COI Corridor of Impact DA Department of Agriculture DAO Department Administrative Order DAR Department of Agrarian Reform DAS Deed of Absolute Sale DBM Department of Budget and Management DDR Due Diligence Report DED Detailed Engineering Design DENR Department of Environment and Natural Resources DILG Department of Interior and Local Government DMS Detailed Measurement Survey DO Department Order DOD Deed of Donation DOTr Department of Transportation DPWH Department of Public Works and Highways DST Documentary Stamp Tax EA Executing Agency EJS Extra Judicial Settlement EM Entitlement Matrix EMP Environmental Management Plan EO Executive Order FS Feasibility Studies GFI Government Financial Institution GOP Government of the Philippines GRM Grievance Redress Mechanism HH Household Head HLURB Housing and Land Use Regulatory Board HUDCC Housing and Urban Development Coordinating Council IA Implementing Agency IEC Information, Education, and Communication IMA Internal Monitoring Agent IOL Inventory of Loss IPA Independent Property Appraiser IR Involuntary resettlement IRR Implementing Rules and Regulations ISF Informal Settler Family
ii LA Land Acquisition LAP Land Acquisition Plan LGU Local Government Unit LMB Land Management Bureau LRA Land Registration Authority, an agency under the Department of Justice MC Memorandum Circular MMDA Metro Manila Development Authority MOA Memorandum of Agreement MOU Memorandum of Understanding NEDA National Economic and Development Authority NGO Non-Government Organization NHA National Housing Authority NoT Notice of Taking OCT Original Certificate of Title PCM Public consultation meeting PD Presidential Decree PhP Philippine Peso PIB Public Information Booklet RA Republic Act RAP Resettlement Action Plan RCS Replacement Cost Study RIC Resettlement Implementation Committee RROW Road Right-of-Way ROWSAM Right-of-Way and Site Acquisition Manual RP Resettlement Plan RPT Real Property Tax SA Social Assessment SES Socioeconomic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement TCT Transfer Certificate of Title TOR Terms of Reference USD United States Dollar VLD Voluntary Land Donation
iii DEFINITIONS OF TERMS
Affected persons (APs)/ Refers to entities (Government, private individual and corporate) Households (AHs) and vendors, ambulant or semi-sedentary, who are displaced (physical or economic) as result of project impacts. Ambulant vendors Ambulant vendors are either itinerant or semi-static. Itinerant vendors are those who go around shouting their wares while semi-static ones are those who are semi-fixed positions but may move about as the situation necessitates (Nario, Jasmin Galace, 2000). Compensation Payment in cash or in kind (e.g. land-for-land) to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market value, and any transaction costs such as administrative charges, taxes, registration and titling costs. In the absence of functioning markets, a compensation structure is required that enables affected people to restore their livelihoods to level at least equivalent to those maintained at the time of dispossession, displacement, or restricted access. Cut-off date Cut-off date for land-taking will be set on the first day of census undertaken as part of the of RP preparation after both the project approval by the IA and Detailed Engineering Design. Persons not covered at the time of census-taking will not be eligible for claims of compensation entitlements. Displaced Persons (DPs) In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas (ADB IR Source Book, 2012). Donation Donation is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it. [Art 725, New Civil Code (NCC)] Economic displacement Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Eligibility Refers to any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised. such as transaction costs, interest, on loss of residual land, loss of income sources or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance).
iv Entitlement A range of measures comprising compensation, livelihood restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the AHs, depending on the type and severity of their losses, to restore their economic and social base. Expropriation The power of eminent domain is an inherent and indispensable power of the State. Also called the power of expropriation, it is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method a compulsory sale to the State. Expropriation is the least favorable mode of acquisition for public usage of land as it is based on active compulsory dispossession of private citizens of their significant asset. It represents and should be the last resort. Expropriation is mandated if a negotiated sale is not feasible. Livelihood restoration This involves re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012). Inconvenience allowance It is the compensation amount given to each AP who are classified as any of the following vulnerable groups: poor (based on the poverty income threshold), elderly and single women- headed households, and persons with disabilities. Inventory of loss The listing of assets as a preliminary record of affected or lost assets during the preparation of the RP where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the Subproject boundaries are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the APs are likewise determined. Involuntary resettlement Refers to physical and economic displacement as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Such displacement can be full or partial, permanent or temporary.
When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation. (ADB IR Source Book, 2012)
v Land acquisition It is the process of acquiring land from the current owners pursuant to the provisions of RA 10752 modes of acquisition, i.e., Donation, Negotiated Sale, Expropriation, Acquisition of Properties under Commonwealth Act (CA) NO. 141, Exchange of Barter, Easement of Right-of-way, Acquisition of Subsurface Right-of-way and other modes authorized by Law. Marginally affected person The impact is only partial and the remaining portion of the property or asset is still viable for continued use.
Meaningful consultation A process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Rehabilitation Assistance provided to project APs (especially the vulnerable) due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Relocation The physical displacement of an AP from her/his pre-project place of residence and/or business. Replacement cost Refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices. (IRR, RA 10752) Resettlement Plan The social safeguard document that contains the policies and guidelines and time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation. Severely affected persons Those APs who stand to lose 10% or more of their productive assets (income generating). Vulnerable groups Vendors who might suffer disproportionately or face the risk of being marginalized by the effects of the project specifically include: poor (based on the poverty income threshold), elderly, women headed household, homeless, and persons with disabilities.
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TABLE OF CONTENTS CURRENCY EQUIVALENTS ...... ii ABBREVIATIONS ...... ii DEFINITIONS OF TERMS ...... iv TABLE OF CONTENTS ...... vii LIST OF TABLES ...... ix LIST OF FIGURES ...... ix EXECUTIVE SUMMARY ...... x I. PROJECT DESCRIPTION ...... Error! Bookmark not defined. A. Background ...... 1 B. Description of the Subproject ...... 1 C. Civil Works to be Conducted ...... 3 D. Measures Adopted to Minimize Involuntary Resettlement Impacts ...... 4 E. Anticipated Social Safeguards Impacts ...... 4 F. Rationale for This Resettlement Plan ...... 4 II. SCOPE OF IMPACTS ...... 4 A. Data Sources on Project Impacts and Replacement Costs ...... 4 B. Project Impacts ...... 4 1. Affected Households ...... 5 2. Loss of land ...... 5 3. Loss of Structures ...... 6 4. Loss of Trees ...... 6 5. Loss of Business Income ...... 6 6. Increased Vulnerability ...... 7 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ...... 7 A. Pasay City and Affected Barangays ...... 7 B. Affected Persons ...... 11 C. Perceptions of AHs About the Project ...... 13 IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE ...... 14 A. Consultation and Participation ...... 14 1. Consultation Under the DOTr-Right-of-Way Site Acquisition Manual (ROWSAM) 15 2. Consultations at Preparation Stage ...... 17 3. Parallel Undertakings by Major Corporations Around Other Project Areas ...... 19 B. Disclosure ...... 19 V. GRIEVANCE REDRESS MECHANISM ...... 20 VI. LEGAL AND POLICY FRAMEWORK ...... 21 A. Relevant Laws and Regulations in the Philippines ...... 21 B. ADB Policies ...... 35 C. Gap Analysis ...... 37 D. Project Policies ...... 44 1. Voluntary Land Donation ...... 45 2. Expropriation ...... 46 VII. COMPENSATION, ASSISTANCE, AND VALUATION ...... 47 A. Affected Persons and Eligibilities ...... 47 B. Entitlements ...... 48 C. Valuation and Replacement Costs ...... 51 1. Compensation for Land ...... 51 2. Compensation for Structures and Improvements ...... 52 3. Compensation for Trees ...... 52 4. Relocation of Public Utilities ...... 52 5. Temporary Impacts to Property ...... 52
vii 6. Other Types of Assistance or Entitlements ...... 52 D. Livelihood Improvement Program...... 54 VIII. RP BUDGET ...... 56 IX. INSTITUTIONAL ARRANGEMENTS ...... 57 A. Implementation Arrangements ...... 57 1. DOTr ...... 57 2. Interagency Coordination ...... 58 B. Capacity Building ...... 58 C. RP Implementation Schedule ...... 58 X. MONITORING AND EVALUATION ...... 59 A. Monitoring Arrangements: Internal Monitoring ...... 59 B. Reporting and Disclosure ...... 61 APPENDICES ...... 62 Appendix 1. List of APs By Loss Type ...... 62 1. APs with Land Loss ...... Error! Bookmark not defined. 2. APs with Business Loss ...... Error! Bookmark not defined. 3. APs with Increased Vulnerability...... 62 Appendix 2. Socioeconomic Data for Pasay City ...... 63 Appendix 3. Tabular Results of the May 2019 Socioeconomic Survey of AHs ...... 66 Appendix 4. Attendance and Photodocumentation of Consultations: 2018 and 2019 .... Error! Bookmark not defined. Appendix 5. Project Information Sheet ...... 85 Appendix 6. Sample Terms of Reference for Appraisal Services ...... 90 Appendix 7. Template for Quarterly Monitoring Report ...... 95
viii LIST OF TABLES Table 1: Project Boundary and Covered Barangays ...... 2 Table 2: Summary of Impacts ...... 5 Table 3: Details on Affected Lands of Three Private Corporate Landowners ...... 5 Table 4: Summary of Structural Impacts ...... 6 Table 5: Population of Pasay City and Affected Barangays ...... 7 Table 6: Estimated No. of Population, HH, and Average Household Size, Land Area and Population Density, 2015 ...... 8 Table 7: Spousal Violence by Background Characteristics (NCR) ...... 11 Table 8: Project Positive Impacts Cited ...... 13 Table 9: Project Negative Impacts Cited ...... 13 Table 10: Project Acceptability ...... 14 Table 11: Issues and Concerns Raised by AHs and Institutional Stakeholders ...... 17 Table 12: Gap-Equivalence Matrix of National Laws with ADB SPS 2009 ...... 37 Table 13: Compensation and Entitlement Matrix ...... 49 Table 14: RP Budget ...... 56 Table 15: RP Resettlement Schedule ...... 59 Table 16: Suggested Internal Monitoring Indicators ...... 60
LIST OF FIGURES Figure 1 – Taft Station Relative to Manila Railway Lines ...... 2 Figure 2 – Proposed Footbridge and Landing Scheme along Taft Station ...... 3
ix EXECUTIVE SUMMARY
1. Project Background. The Epifanio de los Santos Avenue (EDSA) Greenways Project aims to enhance the pedestrian connectivity and facilities around four specific rail stations along EDSA. These are Balintawak Station, Cubao Station, Guadalupe Station, and Taft Station. This Resettlement Plan addresses Taft Station.
2. The Department of Transportation (DOTr) and the Asian Development Bank (ADB) are currently processing a proposed loan package, Philippines: Metro Manila Transport Project, Phase 1. The project impact is improved local, national, and international connectivity and promotion of sustainable development and resiliency as aligned with the Philippine Development Plan (2017–2022, NEDA). Project outputs are: (i) Pedestrian facilities improved; and (ii) institutional capacities developed.
3. Measures Adopted to Minimize Involuntary Resettlement Impacts. The Taft Station project alignment shall follow the existing alignment thereby minimizing triggers on involuntary resettlement. Temporary use of land during construction will strategically be located to minimize impacts and shall be addressed in the Environmental Management Plan (EMP).
4. Anticipated Social Safeguards Impacts. The following activities will result to involuntary resettlement impacts: (i) construction of elevated walkways or viaducts will require landings for escalators/stairs/ elevators as well as land for the support columns; (ii) clearing of the right-of-way (ROW) will be necessary to maximize use for the overall project; and (iii) construction along existing operating roads shall require temporary land occupation. Resettlement impacts are: (i) permanent loss of land, largely from public lands and private- corporate, (ii) permanent damage to community infrastructure and trees which are publicly owned, (iii) temporary loss of access to business establishments during construction works, (iv) physical displacement of ambulant vendors to alternative selling sites, and (v) disruption of city services due to required relocation of electric posts.
5. Rationale for This Resettlement Plan. The EDSA Greenway Project is deemed to be Category B, and is prepared in order to ensure that that livelihoods and standards of living of economically and/or physically displaced persons are improved, or at least restored to pre- project levels and that the standards of living of the displaced poor and other vulnerable groups are improved, not merely restored, by providing adequate housing, security of land tenure and steady income and livelihood sources.
6. Project Scope of Impacts. The project will require a total of 5,004 sqm of land, of which 31% (1,545 sqm) will be permanent in nature and 69% (3,459 sqm) temporary during construction. Around 118 public structures will be affected of which 64% or 75 units are electric posts, the rest being plant boxes, streetlights, signages and the like. The losses will result to disruption of services especially as regards electricity. There are 11 affected trees that are publicly owned, located along sidewalks of the station. There are 76 informal businesses that will be affected belonging to ambulant vendors or 76 APs.
7. Affected public lands and other assets are not a subject matter of this RP as these are to be acquired according to the government's inter-departmental transactions. Any privately- owned land and non-land assets that will be affected by the project will be compensated at replacement cost. Affected trees, public or privately owned as well as temporary disturbance/impacts shall be addressed through the project Environmental Management Plan (EMP).
8. As such, a total of 76 vendors will be impacted by the project, mostly ambulant vendors, 10 of whom are deemed vulnerable.
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9. Socio-Economic Profile of the Affected Areas. The socio-economic profile of Pasay City and affected barangays are provided, and surveys have been conducted on AHs except for the lone private-corporate landowner.
10. Consultation, Participation and Disclosure. Consultations and disclosure activities were conducted in 08 May 2019 for AHs for directly affected stakeholders and 16 May 2019 for ambulant vendors/hawkers, the vulnerable sector, institutional stakeholders as well as private landowners. A recent forging of a memorandum of agreement between DOTr and private corporations like SM Prime Holdings and Ayala Corporation for the Common Station in Metro Manila, specifically in Quezon City signifies public-private sector cooperation. The corporations have financially contributed to the Common Station project and have allowed use of vacant/parking spaces. Gender relations and gender issues were identified during these consultative undertakings and Project Information Sheets were produced and disseminated.
11. DOTr shall submit the following documents for disclosure on ADB’s website: (i) This RP as endorsed by DOTr; (ii) Updated RP upon a) finalization of the detailed engineering design, b) completion of independent appraiser, and c) DOTr validation; as endorsed by DOTr; (iii) Any due diligences and corrective action plans prepared during project implementation, if needed; and (iv) quarterly monitoring reports.
12. Grievance Redress Mechanism (GRM). A GRM has been crafted to allow appeals against any disagreeable decision, practice or activity arising from land or other assets acquisition. APs were 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. The DOTr hotline was similarly promoted to immediately address grievances.
13. Legal Framework. This RP is anchored upon the legal provisions of Government as well as ADB’s Safeguard Policy Statement (SPS) (2009). With the approval of Republic Act 10752 in 2016, the policies of the Government to acquire land, improvements, crops and trees at current market value has significantly improved as compared to RA 8974. Other relevant laws as enabling mechanisms are presented to cover the concerns of this RP. A gap- equivalence analysis was prepared in order to arrive at gap-filling measures and ultimately spell out the Project resettlement policies. Donation under this project may be an option to negotiated sale and follow provisions of this RP.
14. Compensation, Assistance and Valuation. Based on the legal framework, project compensation and entitlements were established, affected persons and eligibilities defined, and cut-off date set as follows: (i) For informal settlers and/or the vulnerable sector, the cut- off date is set on the beginning date of the census and tagging which is 17 May 2019, the start of the social surveys to determine losses. The cut-off date was publicly disclosed during the stakeholder consultation meeting on 16 May 2019; and (ii) For the formal property owners, the date of the Notice of Taking shall be the cut-off date.
15. Income sources and livelihoods of the 76 vendors will be restored to pre-project levels and DOTr shall ensure to improve the incomes of the 10 vulnerable households so that they can benefit from the project, such as livelihood rehabilitation assistance in the form of livelihood packages and skills training and additional allowances for the vulnerable.
16. Gender Strategy. This RP adopts ADB's policy on gender and development and the Philippine Magna Carta for Women (RA 9710) towards gender mainstreaming. Measures have been developed to ensure women’s meaningful participation.
xi 17. Resettlement Budget. The resettlement budget is PhP 16,558,088 (USD 323,028) and will be funded by the Government of the Philippines.
18. Institutional Arrangements. The Executing Agency is the DOTr. Within DOTr, the ROWSA (Right-of-Way and Site Acquisition) works will be under the Office of the Undersecretary for Road Transport and Infrastructure specifically the Greenways Project Management Office (Greenways PMO) that includes compliance with policies outlined in this RP towards full implementation.
19. As the implementing agency, DOTr will coordinate with other entities in operationalizing this RP. Other relevant government agencies may be tapped to provide livelihood rehabilitation program, including Technical and Skills Development Authority (TESDA), and the Department of Social Welfare and Development (DSWD) and other agencies with related programs and experience.
20. DOTR Capacity Building. In order to realize the implementation of this RP, the ESR Division will require capacity development on the provisions of this RP, as well as the overall ADB SPS (2009).
21. Resettlement Schedule. Civil works for the project is planned for the 3rd quarter of 2020. Road clearing and subsequent civil works on encumbered land may only commence when RP activities have satisfactorily been completed for these encumbered lands, agreed rehabilitation assistance is in place, and that the site is free of all encumbrances. A detailed schedule is provided.
Activities Schedule Preparation of Draft RPs 4th Qtr 2019 DOTr concurrence of draft RP; ADB approval of draft RP 4th Qtr 2019 RP updating / DED 2nd Qtr 2020 Submission to and ADB concurrence of updated RP 2nd Qtr 2020 Payment of compensation 2nd Qtr 2020 Implementation of income restoration program 2nd Qtr 2020 to project Internal monitoring (submission of quarterly monitoring reports) completion 3rd Qtr 2020 to project Commencement of civil works completion
22. Monitoring and Evaluation. The DOTr Greenways PMO will serve as the Project's internal monitoring body on resettlement and as such, quarterly monitoring reports will be prepared and submitted to DOTr management starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. Suggested internal monitoring indicators, to be disaggregated by gender and vulnerability are provided. The DOTr management in turn will submit the quarterly monitoring reports to ADB for review and uploading onto the ADB website.
23. DOTr shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RP, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the AHs and posted at a location commonly agreed with AHs and local government leaders.
xii I. PROJECT DESCRIPTION
A. Background
24. The construction of footbridges around Metro Manila is part of a concerted effort to reduce conflicts between vehicles and pedestrians. Metro Manila Development Authority (MMDA) has stressed that one of the principal causes of worsening congestion is jaywalking. This, among other conflicts along busy roads and intersections, has been the key impetuses for planning and constructing elevated footbridges with a goal to improve pedestrian safety.
25. It is envisaged that Metro Manila shall be transformed into a walkable city with a Greenway pedestrian network that is convenient, accessible, safe, comfortable and attractive. As such, the project goals are:
(i) To provide continuous and direct routes to major destinations and bus/ jeepney stops within 800m of rail stations; (ii) To offer a comfortable and attractive pedestrian environment, adaptable to accommodate future demands; (iii) To make the streets safer for pedestrians by providing dedicated elevated walkways and reducing pedestrian vehicle conflicts; and (iv) To be accessible to all ages and abilities.
26. Enhancement of the pedestrian environment is an urgent need to better integrate public transport interchange and link facilities. The planned interchange includes the urban rail network, such as the impending expansion of elevated Light Rail Transit or Metro Rail Transit (LRT/MRT) line of Manila and the Metro Manila Subway (MMS); various public vehicle terminals and Bus Rapid Transit (BRT) proposals. The wider implication of improving pedestrian connectivity around key public transport hubs is better integration of modes and station functionalities, making public transport more attractive and encouraging modal shift from private vehicles to the public transport network.
B. Description of the Subproject
27. The Epifanio de los Santos Avenue (EDSA) Greenways Project aims to enhance the pedestrian connectivity and facilities around four specific rail stations along EDSA: Balintawak Station, Cubao Station, Guadalupe Station, and Taft Station. This study will focus on Taft Station. The project impact is, improved local, national, and international connectivity and promotion of sustainable development and resiliency as aligned with the Philippine Development Plan (2017–2022, NEDA). Project outputs are: (i) Pedestrian facilities improved; and (ii) institutional capacities developed.
28. Output 1: Pedestrian facilities improved. Improved pedestrian and interchange facilities between public transport services, the surrounding catchment areas and new transport infrastructure will ensure the attractiveness of public transport and maintain a suitable mix of transport modes. Pedestrian access or greenways will be provided at key locations along EDSA to ensure smooth, safe, and efficient access between the major developments and the EDSA corridor. The pedestrian facilities will link each main mode of transport with the surrounding areas via dedicated facilities to accommodate the pedestrian volumes. The output will include bus stop and station infrastructure program development linking to the pedestrian walkways. Access to the MRT-3 and LRT-1 stations will also be improved through additional entry/exit locations, direct and convenient (mechanized where necessary) links to surrounding areas, buildings, and shopping malls. Particular attention will be given to ensure suitable design features for the mobility impaired, women, elderly, and the youth. This output is likely to form one of the core projects for early delivery under the proposed loan.
29. Output 2: Institutional capacities developed. Clear and well defined institutional Agenda structures will be prepared that will provide the necessary oversight and operational management and operations of facilities. The output will also include a communication and outreach program for those directly or indirectly affected by the project. Women's participation in both management of the pedestrian system and the outreach activities will be promoted.
30. Project Location. The Project is located in Pasay City along EDSA, with the Manila Metro Rail Transit running through it. Figure 1 shows the project location and Table 1 shows the details with respect to the project-covered administrative units.
• Vision and Requirements • Overview of Findings • Balintawak Station • Common Station (Long-Term) • Cubao Station • Guadalupe Station • Monumento Station • Taft Station
Figure 1 – Taft Station Relative to Manila Railway Lines Table 1: Project Boundary and Covered Barangays City Barangay Pasay City 1. Bgy. 79 80 2. Bgy. 83 3. Bgy. 97 4. Bgy. 98 5. Bgy. 118 6. Bgy. 119 7. Bgy. 142 8. Bgy. 146 9. Bgy. 147 10. Bgy. 150 11. Bgy. 151 12. Bgy. 152 13.
2 C. Civil Works to be Conducted
31. Typical sizing and configuration for elevated pedestrian viaducts highly depend on the location and site-specific conditions. However, the elevated viaducts will require landings for escalators/stairs/elevators as well as land for the support columns. Construction over existing operating roads could also require temporary land takes / occupation. Direct linkages to nearby buildings, travelators and cycling facilities may also be implemented.
32. Specifications for footbridges are as follows:
• Width – 5.0m • Walk Area – 4.0m wide • Height – Minimum 5.33m, over the roadway • Footpath Width – 4.0m (including 1.5m column, 0.5m buffer and 2.0m for utility poles and pedestrians) • Additional width for wider footpath taken from roadway or existing sidewalk.
33. For the landings, 1 stairwell is necessary and 1 lift for PWD access. Land acquisition will be required for landings.
34. Typical requirements for construction are:
• 6.0m x 30m works area for foundation / piles • 1.5m temporary footpath • Requirements may be relaxed at specific locations if footbridge narrower than 5.0m or alternate traffic / footpath arrangements made • Zone required on Day One and for 24 hours / 7 days per week
35. Figure 2 provides the layout of the proposed improvements for Taft Station.
Taft Landing No. Latitude Longitude 1 14.537828 121.000561 2 14.538075 121.003058 3 14.538292 121.004881 4 14.537806 121.999242 5 14.537361 121.999858 6 14.537275 121.000253 7 14.537261 121.000608 8 14.538528 121.000569 9 14.537011 121.000792 10 14.537525 121.003036 11 14.537825 121.005078
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Figure 2 – Proposed Footbridge and Landing Scheme along Taft Station
3 D. Measures Adopted to Minimize Involuntary Resettlement Impacts
36. The project alignment shall follow the existing alignment thereby minimizing triggers on involuntary resettlement. Temporary use of land during construction will strategically be located to minimize impacts and addressed in the EMP.
E. Anticipated Social Safeguards Impacts
37. The following activities will result to minimal involuntary resettlement impacts as qualified under scope of impacts: (i) construction of elevated walkways or viaducts will require landings for escalators/stairs/ elevators as well as land for the support columns; (ii) clearing of the ROW will be necessary to maximize use for the overall project; and (iii) construction along existing operating roads shall require temporary land takes / occupation. The impacts are:
(i) permanent loss of land, largely from public lands and private-corporate; (ii) permanent damage to community infrastructure and trees which are publicly owned; (iii) temporary loss of access to business establishments during construction works; (iv) physical displacement of ambulant vendors to alternative selling sites; and (v) disruption of city services due to required relocation of electric posts.
F. Rationale for This Resettlement Plan
38. The EDSA Greenway Project is deemed to be Category B. This resettlement plan is prepared in order to ensure that livelihoods and standards of living of affected persons are improved, or at least restored to pre-project levels and that the standards of living of the displaced poor and other vulnerable groups are improved, not merely restored, by providing adequate housing, security of land tenure and steady income and livelihood sources. The objectives will be realized in accordance with the appropriate and applicable Philippine laws, policies and/or guidelines and the ADB Safeguards Policy Statement (2009).
II. SCOPE OF IMPACTS
I. Data Sources on Project Impacts and Replacement Costs
39. The project impacts were identified through the following activities: (i) referencing tax and google maps with overlays of project schemes (ii) traverse of affected areas, and (iii) consultations (includes focus groups discussions and key interviews) with affected sectors and barangay local government all conducted from October 2018 to May 2019 in order to identify the magnitude of resettlement impacts.
II. Project Impacts
40. The summary of impacts is provided in Table 2 (details in Appendix 1) and it can be gleaned that to date, only land acquisition and temporary impacts on land have preliminarily been identified along with affected structures. Initial scoping for permanent land acquisition resulted to a total of 1,545 m2 and for temporary impacts largely during construction works, affected area amounted to 3,459 m2. Temporary disturbance/impacts shall specifically be addressed through the project EMP. A total of 118 structures have been identified and these mostly are electric posts, signages, manholes, and the like.
4 Table 2: Summary of Impacts Loss Category Unit Taft Total affected vendors AP 76 m² 1,545 Loss of land Unit 11 m² 120 Affected private corporation/institution Unit 1 m² 75 Affected government corporation/LGU Unit 1 m² 1350 Affected government/public land Unit 9 Affected community structures Unit 118 Affected fruit/forest trees Unit 11 Affected business income (ambulant vendors) AP 76 Temporary construction area m² 3,459 Landings m² 309 Alignments m² 3,150 Affected business establishments Unit 72 Vulnerable Vendors AP 10 Elderly>60 AP 2 Woman headed household AP 10
1. Affected Vendors
41. Taft Station has 76 affected vendors. The private-corporate landowner (1) and those coming largely from the informal business sector called ambulant vendors (76) constitute the project APs. Ambulant vendors in the country are either itinerant or semi-static. Itinerant vendors are mobile, selling their wares; while semi-static ones are those who are semi-fixed positions but may move about as the situation necessitates.1
2. Loss of land
42. Taft Station will need a total of 5,004 sqm of land, of which 31% (1,545 sqm) will be permanent in nature and 69% (3,459 sqm) temporary during construction.
43. Permanently affected landowners are classified as: (i) private individuals, (ii) private corporations/institutions, (iii) government corporations, and (iv) government/public. Of all land takes, 2% is considered private corporate land as against 98% government and public (See Table 2). Affected government lands are largely parts of sidewalks and parking spaces that amount to 1,350.00 sqm.
44. One (1) private-corporate entity will be affected as regards loss of land (details provided in Table 3). The affected area is a vacant lot. The table shows that the total land owned by CORPORATION 1 amount to 270 sqm of which 120 sqm or 44% is required for land acquisition. The acquisition of the private corporate land will not result to damage to structures and loss of business/employment. These privately-owned lands that will be affected by the project will be compensated at replacement cost..
Table 3: Details on Affected Lands of Three Private Corporate Landowners Use of Total Area Affected Land Loss Severity (%) Affected Area (m2) Area (m2) CORPORATION 1 Vacant lot 270.00 120.00 44%
1 Nario, Jasmin Galace. Ambulant Vendors: Economic Issues and Concerns. LEAPS: Miriam College Faculty Research Journal. vol. 19 no. 1 (2000).
5 44. Affected public lands are not covered under this RP as these are to be acquired according to the government's inter-departmental transactions. There are nine (9) parcels of public lands that will be affected by the project amounting to 1,350 sqm (38%) from a total 3,557.92 sqm. The required area from each parcel is 150 sqm and these all fall within the easements of the RROW.
3. Loss of Structures
45. Structural losses are mainly public structures as shown in Table 4. A total of 118 structures will be affected of which 97% or 114 units are public utility structures like electric posts, plant boxes, signages, street lights, and the like. The losses will result to disruption of services especially as regards electricity.
Table 4: Summary of Structural Impacts Affected Covered Barangays of Taft Station, Pasay City Total Structures Bgy. 79Bgy. 83Bgy. 97Bgy. 98Bgy. 118Bgy. 119Bgy. 142Bgy. 146Bgy. 147Bgy. 150Bgy. 151Bgy. 152 N % Permanent: 0 2 0 0 0 0 1 0 0 0 0 0 3 3% Barangay 0 0 0 0 0 0 1 0 0 0 0 0 1 33% outpost Shed 0 2 0 0 0 0 0 0 0 0 0 0 2 67% Semi-permanent: 0 1 0 0 0 0 0 0 0 0 0 0 1 1% MMDA outpost 0 1 0 0 0 0 0 0 0 0 0 0 1 100% Public utility 19 19 6 25 12 10 3 13 7 0 0 0 114 97% structures Electrical post 8 12 0 18 12 8 2 8 7 0 0 0 75 66% Manhole 0 0 0 5 0 0 0 0 0 0 0 0 5 4% Plant box 8 3 5 1 0 0 0 3 0 0 0 0 20 18% Signages/ 0 2 1 1 0 2 1 0 0 0 0 0 7 6% markings Street light 3 0 0 0 0 0 0 0 0 0 0 0 3 3% Traffic lights 0 1 0 0 0 0 0 0 0 0 0 0 1 1% Traffic light 0 1 0 0 0 0 0 2 0 0 0 0 3 3% control box Total 19 22 6 25 12 10 4 13 7 0 0 0 118 100%
46. Affected public structures are on public lands and not covered under this RP as these shall be acquired according to the government's inter-departmental transactions.
4. Loss of Trees
47. Similar to structural losses, affected trees (11 trees) are publicly owned hence shall be acquired according to the government's inter-departmental transactions. Privately-owned trees that will be affected by the project will be compensated at replacement cost. Affected trees, public or privately owned shall be addressed through the project EMP.
5. Loss of Business Income
48. A total of 76 informal businesses will be affected belonging to ambulant vendors. These affected businesses are mostly into trading of wares generating an average monthly income of PhP 36,607.14. Depending on the seasonality of business activities, minimum monthly income is PhP 15,000, and maximum is PhP 90,000.00. Though illegal, ambulant vending is a viable employment alternative since the vendor's average income is higher than the minimum wage.
49. These vendors established residence in the area primarily due to proximity to livelihood sources (69%) and basic services/utilities/facilities (10%). Majority of the APs (83%) are
6 migrants with current residence of 1–10 years (69%). Vendors congregate along footbridges and display their ware by late afternoon to avoid being caught by the MMDA.
50. In consultation with the affected vendors they be provided assistance for loss of income/livelihood through the identification of, and transportation to, an alternative site to continue economic activity, e.g. assistance in (i) shifting to areas within the same LGU where there is no construction and/or (ii) identify alternative sites to sell.
6. Increased Vulnerability
51. There are 10 vendors deemed as vulnerable; 10 women headed households of which 2 are elderly. These vulnerable vendors shall be entitled to livelihood restoration programs under the project and allowances.
III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS
A. Pasay City and Affected Barangays
52. Pasay is a coastal highly urbanized city in the National Capital Region. It has a land area of 13.97 square kilometers or 5.39 square miles.
53. Population and Demography. Based on the Philippines Statistics Authority’s (PSA) 2015 census Pasay City has a total population of 416,522 and population growth rate of 1.12 (See Table 5). Pasay has 201 barangays of which 10 are affected by the project. It will be noted that the affected barangays constitute 3.1% of the total city population. Almost all of the affected barangays are towards the tail-end of the 201 barangays as regards population and growth rate save for Barangay 118 which is 4th in terms of growth rate with 12.53%.
Table 5: Population of Pasay City and Affected Barangays Population percentage Annual Population Growth Rate No Barangay Rank Population (2015)Rank (2015) (2010-2015) 1 Barangay 79 0.15% 181 622 180 -2.90% 2 Barangay 83 0.23% 149 956 79 2.42% 3 Barangay 97 0.27% 130 1,123 66 2.89% 4 Barangay 98 0.29% 118 1,199 73 2.71% 5 Barangay 118 0.47% 56 1,963 4 12.53% 6 Barangay 119 0.34% 96 1,398 129 0.65% 7 Barangay 142 0.12% 189 495 26 6.48% 8 Barangay 146 0.13% 187 533 12 9.31% 9 Barangay 147 0.38% 81 1,580 147 -0.08% 10 Barangay 150 0.15% 180 622 141 0.25% 11 Barangay 151 0.21% 156 864 43 4.72% 12 Barangay 152 0.33% 97 1,386 183 -3.06%
Pasay Total 416,522 1.12% Source: Philippine Statistics Authority (2015). Population of the National Capital Region
54. Pasay City represents about 3.23% of the total population of the National Capital Region (NCR). Population density is computed at 29,815 inhabitants per square kilometer or 77,277 inhabitants per square mile. The population of Pasay grew from 132,673 in 1960 to 416,522 in 2015, an increase of 283,849 people. The latest census figures in 2015 denotes a positive growth rate of 1.12%, or an increase of 23,653 people, from the previous population of 392,869 in 2010 (Table 6).
7 Table 6: Estimated No. of Population, HH, and Average Household Size, Land Area and Population Density, 2015 Population National/ HH Land Area Density Share to Share to Household Cities Number Size (sq km) (persons/km2) National NCR Philippines 100,543,973 22,969,666 4.38 300,000 337 NCR 12,786,611 12.72% 3,095,484 4.13 619.54 20,785 Pasay 412,497 0.41% 3.23% 107,619 3.83 13.97 29,815 Data source: Philippine Statistics Authority (PSA)
55. According to the 2015 Census (Appendix 2), the age group with the highest population in Pasay is 20 to 24, with 48,729 individuals. Conversely, the age group with the lowest population is 80 and over, with 2,115 individuals. Combining age groups together, those aged 14 and below, consisting of the young dependent population which include infants/babies, children and young adolescents/teenagers, make up an aggregate of 24.94% (103,862). Those aged 15 up to 64, roughly, the economically active population and actual or potential members of the work force, constitute a total of 71.38% (297,303). Finally, old dependent population consisting of the senior citizens, those aged 65 and over, total 3.69% (15,357) in all.
56. The computed Age Dependency Ratios mean that among the population of Pasay, there are 35 youth dependents to every 100 of the working age population; there are 5 aged/senior citizens to every 100 of the working population; and overall, there are 40 dependents (young and old-age) to every 100 of the working population.
57. The median age of 27 indicates that half of the entire population of Pasay are aged less than 27 and the other half are over the age of 27. The female population accounts for 50.31 percent, while the male accounts for only 49.69 percent.
58. Majority of the population ten (10) years old and over are single. In general, single males are outnumbered by single females.
59. Education. The literacy rate of the population ten years old and over is relatively higher than the average literacy rate of the NCR and Philippines. Majority of the population 5 years old and over completed high school level. However, it was noted that there is also a significant number of population attained higher than high school level (i.e., post-secondary, college undergraduate, academic degree holder, and post baccalaureate).
60. Health. Based on Pasay City’s Comprehensive Development Plan (CDP), the city’s health services are delivered through four (4) hospitals and fourteen (14) health centers. Of the four (4) hospitals, two (2) are government-owned with a combined bed capacity of 300 and two (2) are privately-owned with a combined bed capacity of 350.
61. Mortality and Morbidity. NCR’s mortality rate for the year 2015 is 5.79 per 1,000 population. According to PSA (2016), ischemic heart diseases was a top leading cause of death 44,472 or 13.3 percent. Other causes of death identified are cerebrovascular diseases and neoplasms. For females, the neoplasm or “cancer” is the leading cause of death in 2016. Other causes of death are ischemic heart diseases and pneumonia.
62. NCR is 2nd in terms of number of deaths with 76,839 or 13.2 percent total deaths in 2016 (Table 5). Also, more number of male deaths occurred with 44,455 or 7.6 percent compared to female deaths of only 32,384 or 5.6 percent of the total. Based on PSA (2018), infant deaths are deaths that occurred before reaching age 1. At the regional level, 3,687 infant deaths were registered in NCR for the year 2016. Male infant deaths registered higher than female. NCR is considered 2nd registered high infant deaths in the country with 3,687 or 16.9%.
8
63. The PSA defines maternal death as “death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes”. Per PSA, the Philippines has a total of 1,483 registered maternal deaths in 2016. NCR is identified as the 3rd highest number of maternal deaths with 159 or 10.7 percent.
64. Economy, Income, and Poverty. According to the Bureau of Local Government Finance, the annual regular revenue of Pasay for the fiscal year of 2016 was ₱3,535,557,082.79. Poverty in Pasay City is relatively lower than the Philippine poverty data but higher than the NCR poverty data.
65. The percentage share of gainful workers 15 years old and over in Pasay City is relatively higher than NCR and Philippines. Pasay City has the highest share of gainful workers 15 years old and over at 62 percent. Majority of the gainful workers 15 years old and over in Pasay City are service and sales workers.
66. Quality of Life. Majority of the household are living in a single house, which is either own/owner like possession of house and lot or Rent house/room including lot. Most of the household in Cities of Pasay source their drinking water from bottled water. Almost all the households in Pasay City use electricity for lighting and less than one percent of the households do not have lighting.
67. Vulnerable Groups. Youth. In 2015, the Pasay City Social Welfare Programs and services includes programs on welfare of children and youth. The type of stakeholders is identified as Children in Need for Special Protection, Children in Conflict with the Law and Youth in Need of Special Protection.
68. Persons with Disability (PWD). The type of disability is divided into nine types namely: mental, orthopedically handicapped, hearing, speech, visual disability, psychosocial, chronic illness, learning and multiple. On a national level, PWDs is supported by the government through programs. For instance, the Department of Trade and Industry (DTI formulated PWD Economic Empowerment Program to provide interventions on enterprise level assistance and policy advocacy.
69. On a local level, LGUs supports the PWDs by creating specific social welfare offices which priorities is to support the PWDs. As of 2018 the recorded number or PWDs of barangays 75 to 75-109, 114-115, 119, 131, 144, 161, 164, 177 184 and 187 is at 358. Out of the 358, 214 are male and 144 are females.
70. Senior Citizens. The elderly population is also given priority by LGUs in terms of protection and special attention. The projects for elderly are especially designed to interact with their peers, articulate their needs, express their interests and participate in developmental undertakings. Based on PSA data (2015), the total number of Senior Citizens in Metro Manila is about 851,214 comprising the 11.3% of the total population of the region. Under Section 4 of RA 994 or the Expanded Senior Citizens Act of 2010, senior citizens are privileged to avail the following:
• Free medical and dental services, diagnostic and laboratory services in all government facilities; • 20% discounts for medicines, hotels, restaurants, recreation centers, concert halls, cinema houses, theatres, medical/dental services, diagnostic and laboratory fees in private facilities, domestic air, sea, travel and public transportation; and
9 • 5% discount in basic necessities and prime commodities, etc.
71. Utilities. Power Supply. Manila Electric Company (MERALCO) has been the main power utility provider for NCR. Provided below in Table 18 are customers served by MERALCO within NCR. The table shows that 91.6% of captive customer connection residential followed by commercial establishment with 8.2% and industry and others both less than 1 % each. Based on sales however, business (43%) is highest followed by residential (38%), industry (18.1%) and others with less than 1%.
72. Water Supply and Sewerage System. Metro Manila’s main sources of water are the Angat, Ipo, and La Mesa Dams (Manila Water, 2019). The two concessionaires of the Metropolitan Waterworks and Sewerage System (MWSS) - the Manila Water Services, Inc (MWSI) and Manila Water Company, Inc. (MWCI).
73. Maynilad manages and operates the water and waste-water services in the cities of Manila (except San Andres), Pasay, Paranaque, Caloocan, Muntinlupa, Las Pinas, Valenzuela, and parts of Makati and Quezon City, including the municipalities of Navotas and Malabon, (MWSS, 2019).
74. Communications. Main telecommunication providers are PLDT, Bayantel, Digitel, Multimedia, Globe and, Smart. The available internet providers are PLDT, Bayantel, Digitel, Smart and Globe.
75. Solid Waste Management System. Republic Act No. 9003 commonly referred as the “Ecological Solid Waste Management Act of 2000, aims to address the growing problem on solid wastes in the country. (Philippine Senate Government Publication, 2017). NCR has generated the biggest volume of wastes. In 2016, the generated wastes of the region is 9,212.92 tons per day.2 Solid wastes are mostly from residential, commercial, industrial and institutional sources. Common types of wastes generated are kitchen scraps, paper and others.
76. Transportation. With the desired characteristic in making the city a place to live, work and play, the Project will promote an easy access to motor vehicle terminals, rail networks, institutions and city’s growth centers. Little by little, the Project will lead to an easy, well linked and balanced access to different facilities and institutions, creating attractive city scape with cleaner and pleasant environment. The Project promotes safe usage and proximity to all available public transport coupled with the lesser number of ride transfers, thus encouraging walking instead of daily commutes especially to near routes. Currently, the available modes of transportation in Metro Manila are public and private vehicles, buses, jeepneys and taxis and rail transport.
77. Transportation in Pasay City are mass rail transport, buses, jeepneys, UV/GT express, tricycles, and pedicabs. Oftentimes, competition exists between modes, e.g. jeepneys compete with buses, UV express compete with jeepneys, GT express compete with buses, and tricycles with pedicabs. (Pasay CDP. p.C3-67).
78. Gender and Social Equity. One aim of the government is poverty reduction. The EDSA Greenways Project is one of the government’s many projects in directing the city to urban competitiveness.
79. In the conduct of the EDSA Greenways Project gender analysis, it has identified the gender barriers in mobility and the benefits of the pedestrian facility improvements. Through the years, participation of Filipino women in the labor force and employment are generally
2 https://www.senate.gov.ph/publications/SEPO/AAG_Philippine%20Solid%20Wastes_Nov2017.pdf.
10 lower than those of men because these women usually bear most of the burden of unpaid care and reproductive work, which prevents them from participating in the economic activity unlike men. Men’s travel pattern also differs from the women due to the gender division of labor. Women tend to make shorter and more trips than men as part of their perceived and assumed roles which affects their mobility.
80. Women may generally feel unsafe to access pedestrian passages during both peak and off-peak hours due to susceptible abuse/harassment from other pedestrians. The proposed loan will ensure secure, well-lit, and well managed walkways with continuous monitoring and security to ensure safety for all users, including women, the elderly and the youth and also to deter informal economic activities.
81. According to the Philippine Statistics Authority (PSA) (2018), one in four (26%) ever- married women between 15-49 years old has experienced violence such as emotional, physical and sexual. Among the regions, NCR ranks second to the lowest percentage with ever-married women aged 15-49 who have experienced violence for almost all types next to ARMM except for physical violence – 3rd on the ranked next to CAR and ARMM. Below is the 2017 data spousal violence data of PSA.
Table 7: Spousal Violence by Background Characteristics (NCR) Percentage of Ever-married Women Background Characteristics aged 15-49 Who Have Experienced Emotional Violence 10 Physical Violence 9 Sexual Violence 1.6 Physical and Sexual Violence 1.1 Physical and Sexual and Emotional 0.7 Physical or Sexual 9.5 Physical or Sexual or Emotional 15.6 Source:https://psa.gov.ph/sites/default/files/attachments/ird/pressrelease/scan0006.pdf.
The Affected Households
82. Of the total 76 affected households (AHs), a sample survey was conducted in May 2019 on 29 AHs from Barangays 79, 83, 142, and 146. The ensuing sections refer to survey results by way of describing the AHs of the ambulant vendors. Tabular results are provided in Appendix 3.
83. Household demographics. When disaggregated, there are more male headed households (66%) than female headed households (34%). The pattern can be observed across all surveyed barangays except in Barangay 142. Majority of the household heads are spread across the age brackets of 25-29 (21%), 35-39 (21%), 30-34 (14%), 20-24 (10%), 40- 44(7%), 55-59 (7%) and no response (7%). Most of the household heads are married (62%). Some are single (14%) while 14% are with Common-Law Partner/Cohabitating. Few (10%) are widow/er. Religious affiliation of AHs include Islam (62%), Roman Catholic (31%), and other religions (7%).
84. Of the 29 HHs, 17% are elementary undergraduates and 14% are elementary graduates. There are 14% of HHs who are high school undergraduates while 31% are high school graduates. Also, there are 3% who are vocational/technical graduates. Lastly, 21% are college undergraduates.
85. Prior to residing in their current locations, 17% of household respondents lived within LGU, 14% lived outside LGU, but within the Metro Manila/Province, 3% lived outside Metro Manila/Province, 10% lived in Luzon,10% lived in Visayas, 41% in Mindanao and 3% did not
11 respond. Survey results also indicate those who have been there for 1-5 years account for 34% while another 34% have been there for 6-10 years. Some (24%) have been there for more than 10 years. Few (7%) did not respond. More than half (55%) of surveyed AH heads are owners and 41% are renters of domiciles. Bgy. 146 has the highest number of respondents (45%) who are owners and renters.
86. Majority of AH heads (69%) established residence in the area due to proximity to livelihood. Some (10%) resides is due to nearness to basic services/utilities/facilities. Other reasons and no response amount to 7% each. While few (3%) live in the area due to affordable rental rates and another 3% resides due marriage. Of the 29 affected HHs, 100% did not own other real property.
87. About 7% of AH heads are elderly. None amongst the AHs are recipients of the DSWD’s 4Ps.
88. Employment, income and expenditure. About 97% of affected HHs are ambulant vendors while only 3% are private employees. The employment status for a large majority (97%) is self-employed workers/employee in family business, while only 3% are temporary/casual.
89. Many (28%) have monthly income of Php 10,001- 20,000 followed by 24% earning Php 20,001-30,000 and 21% earns 50,001-60,000. Few earns Php 40,001-50,000 (7%) and Php 80,001-90,000 (3%). Another 3% who did not provide answers. For most households (38%) have monthly expenditure of Php10, 001-20,000. Some (34%) spends 20,001-30,000 and Php 30,001-40,000 (10%). Few spend Php 10,000 and below (7%) and Php 40,001- 50,000 (7%) monthly. Only 3% spends Php 50,001-60,000 monthly.
90. Businesses. All respondents own retail trading businesses. Almost half (45%) of retail trading business owners are from Bgy. 146. While Bgy. 142 has only 1% retail trading business owner. Majority (97%) have continuous business operations. Only 3% did not give the status of business operation. In terms of number of years in operating a business, 48% run the business for 1-5 years. Some (31%) operate for 6-10 years. Others (21%) operate for more than 10 years. Thirty-four percent (34%) of AH heads earn monthly net income of Php 10,001- 20,000 followed by Php 20,001-30,000 (21%). Only 7% earns Php 10,000 and below.
91. Around 59% of AH heads has initial capital amounting Php 10,000 and below followed by 28% having initial capital of Php 20,001-30,000. Few (7%) has initial capital amount to Php 30,001-40,000. Others have Php 10,001-20,000 (3%) and Php 40,001-50,000 (3%) as initial capital. More than half (52%) of AH heads acquired personal loans as source of capital. While 48% used their savings to start a business. At present, 24% has a capital of Php 10,001- 20,000. Others has Php 10,000 and below (17%), Php 20,001-30,000 (17%), Php 90,001- 100,000 (14%), Php 40,001-50,000 (10%). Few has Php 30,001-40,000 (7%), Php 50,001- 60,000 (7%). Only 3% has present capital of Php 60,001-70,000.
92. When asked whether to request assistance or not, 48% signified intention to do so, 48% have no intention to request assistance, and 3% did not respond. Majority of AH heads wish to receive additional capital as assistance while 7% preferred other forms of assistance.
93. Quality of life. Majority of the surveyed households (66%) are using G.I. sheets as roofing materials. Around 34% are using wood. There are various wall materials for structures. More than half (69%) of the surveyed HHs are using concrete as wall material of their structures followed by 28% HHs who are using wood. Few (3%) are using other wall materials.
94. All respondents (100%) have access to electricity. Around 79% of surveyed HHs have piped water connection while 21% are using other water sources. Majority of the AHs (90%)
12 use LPG for cooking. Few (10%) use kerosene. About 79% of households reported using semi-flush toilets in their homes. Few (10%) do not use any toilet while others use antipolo (3%), flush (3%) and other toilet type (3%).
B. Perceptions of AHs About the Project
95. In May 2019, perceptions of AHs were generated through the socioeconomic surveys. One hundred percent (100%) of respondents from four affected barangays are aware of the project. More than half of the respondents (55%) got project information from survey/research. Some (17%) were informed by DOTr officials while few (10%) heard the project thru radio/tv/newspaper. Others got the information from consultation meetings (7%) and LGU officials (7%). Only 3% has no response.
96. Positive Impacts. Based on the SES (N=29), 28% believes that one of the positive impacts of the project is cleaner surroundings. Also, 20% trusts that the project can provide better access to/from barangay/city. In effect, the project will lessen road accidents according to 14% of AHs. About 9% said that it will lower expenses for vehicles maintenance. Few (6%) believes that the project will give opportunities for local vendors and business. Only 2% of AHs answered progress in the barangay/city and 9% have no response.
Table 8: Project Positive Impacts Cited Taft Station, Pasay City Total Impacts Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Cleaner surroundings 4 6 0 8 18 28% Better access to/from barangay/ city 1 4 1 7 13 20% Fewer road accidents 1 3 0 5 9 14% Lower expenses for vehicles maintenance 1 4 0 1 6 9% Creation of jobs and livelihood opportunities such as (including in relation to project 1 1 0 3 5 8% civil works and O&M) Opportunities for local vendors and businesses 2 1 0 1 4 6% I don't know 0 2 0 0 2 3% Progress in the barangay/ city 0 0 0 1 1 2% No Response 1 3 0 2 6 9% Total 11 24 1 28 64 *based on 29 AH heads who answered that they are aware of the project; multiple responses
97. Negative Impacts. About 39% of the AHs said that loss of jobs or livelihood is one of the negative impacts of the project. Then, 15% answer loss of property. Another 15% have no response. Other negative impacts perceive by the AHs are as follows: Air pollution, damage or pollution of environment, loss of plants, natural habitats and water pollution.
Table 9: Project Negative Impacts Cited Taft Station, Pasay City Total Impacts Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Loss of Jobs or livelihood 3 5 0 5 13 39% Loss of property 2 0 1 2 5 15% Increase in congestion 0 1 0 3 4 12% Air pollution 0 1 0 2 3 9% Damage or pollution of environment 0 0 0 1 1 3% Loss of plants, natural habitats 0 1 0 0 1 3%
13 Water Pollution 0 1 0 0 1 3% No Response 0 2 0 3 5 15% Total 5 11 1 16 33 *based on 29 AH heads who answered that they are aware of the project; multiple responses
98. Support for the project. A large majority of those surveyed at the time of the SES supported the project (72%). Around 21% were not supportive and another 7% either did not have an opinion or were non-responsive to the question.
Table 10: Project Acceptability Taft Station, Pasay City Total Acceptability Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 4 6 1 10 21 72% No 1 4 0 1 6 21% No Response 0 0 0 2 2 7% Total 5 10 1 13 29
IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE
A. Consultation and Participation
99. ADB policy states that, “affected people should be fully informed and closely consulted on resettlement and compensation options”. Consultation with APs is the starting point for all activities concerning resettlement. People affected by resettlement may be apprehensive that they will lose their livelihoods and communities or be ill-prepared for complex negotiations over entitlements. Participation in planning and managing resettlement helps to reduce their fears and gives APs an opportunity to participate in key decisions that will affect their lives. Resettlement implemented without consultation may lead to inappropriate strategies and eventual impoverishment. Without consultation, the people affected may oppose the project, causing social disruption, substantial delay in achieving targets or even abandonment, and cost increases. Negative public and media images of the project and of the implementation agency may develop. With consultation, initial opposition to a project may be transformed into constructive participation. Consultation can be fostered by holding public meetings and identifying focus groups”.
100. DOTr will conduct meaningful consultations with affected persons, local governments, and civil society for every project activity/component identified as having involuntary resettlement impacts. Meaningful consultation (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Consultation will be carried out in a manner commensurate with the impacts of affected communities. The DOTr will pay attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, women headed households, women and children, and those without legal title to land.
14 1. Consultation Under the DOTr-Right-of-Way Site Acquisition Manual (ROWSAM)
101. Provided with the overarching principles of consultation from the ADB SPS (2009), the Consultants will have to abide with procedural requirements as stipulated in the ROWSAM. The responsibilities of the DOTr and its associated Consultants derive from various pieces of legislation whose mandated processes are triggered by an approval to proceed through a Feasibility Assessment towards Detailed Engineering Design. Broadly these are:
(i) Consult with all tiers of governmental responsibility in the affected area; (ii) Conduct public information programs in each and every affected neighbourhood; (iii) Conduct extensive consultation with all affected interests and stakeholders; (iv) Complete an Environmental Impact Assessment; and (v) Construct a ROW and Site Acquisition Action Plan consisting of: • Land Acquisition Plan • Resettlement Action Plan • Parcellary Survey • Entitlement Matrix
102. At project onset, it is worthwhile to bear in mind the process mandated responsibilities that require consultation:
(i) Define the Necessary Property - The first mandated activity or responsibility is to define the need for land acquisition. It is incumbent upon DOTr and its Consultants to produce an initial Information Package that describes the proposed project alignment and site requirements. The Information Package must be able to showcase effective communication and consultation with Governmental Agencies and LGUs, with the end in view of generating support for the project. The Information Package clearly and appropriately should describe the extent of public notification and consultation compliant with Sec.3 of EO 1035 s.1985. Below are the key elements of the Information Package that need to be clearly communicated and/or prepared:
• A series of acceptable maps and aerial imagery be produced that clearly illustrates the project elements, i.e., location/settlement maps, route (transport corridor) and any other sites required for operational purposes, to result in effective consultation required by legislation; • Data requirements from local governments and other agencies - Detail such as the required presentation format (units of measurement, digital formats, etc) are best agreed with administrators early in the process; and • A briefing of anticipated benefits to the community (the local constituents) will advance the process of data gathering, allow effective documentation and fact verification, justify and minimise disruption during ground-truthing. Similarly, it will enable, and assist the beneficiaries of the infrastructure to assess and lead positive sentiment to the project within the wider community.
(ii) Consultation with Governing Agencies – The project necessitates political support to ensure smooth implementation and facilitate the generation of necessary data to produce and implement the plans required by the ROW IRR. DOTr and its Consultants should be able to ensure participation of Government
15 agencies (includes national government agencies, regional bodies and LGUs – city, district, and barangay levels) critical of which is their contribution in preparing the Entitlement Matrix.
In consulting with Government agencies, DOTr and its Consultants must be prepared with a well-crafted Information Package that includes a concise project description, scope of work, technical presentation of project process, and timetables. plans, maps and documents sufficient for consultation with.
(iii) Consultation with Neighborhood Inhabitants and Representative Organisations - Design, implement and deliver a Public Information Campaign to bring the detail and benefits of the national project to the notice and attention of affected interests, interested parties and stakeholders. The campaign is designed to accomplish three major aims:
• to acquaint possible project affected persons (APs) with the objectives and benefits deriving from the project; • to minimise resistance to, or objection against the acquisition of property necessary for the creation and operation of the transport infrastructure; and • to bring to public attention the benefits of the project and the national interest and greater common good deriving from an enhanced transport system.
103. Per ROWSAM, the consultation process is provided as follows:
(vi) Consult with Municipal and Barangay representatives to determine the extent of consultation required and obtain an extensive demographic, socio- cultural, and economic profile of local inhabitants and their neighborhoods in each of the areas and affected communities identified. (vii) Consult with the Philippine Information Agency (PIA) and local government officials to prepare a public information campaign for presentation in local community venues. (viii) Present the national and local benefit from the project as a contribution to the national infrastructure base with wide and diverse public improvements that benefit the locally based community. (ix) Prepare and extensively deliver a public information campaign. Consult with potential APs, neighborhood inhabitants, and a range of local stakeholders (including NGOs, peoples organisations, and local associations).
(iv) Creation of a ROWSA Action Plan - The last mandated responsibility is the preparation of the ROWSA action plan, which provides for the following:
• All site investigations and source-reference data collected in the parcellary survey; • Detail and minutes of all meetings with government officers • Detail of the public information and community consultation undertaken with all comment, observations, and feedback together with any resultant research and recommendations on project design and impact • Every interest to be addressed before the creation of a cleared, unobstructed site or linear corridor; • Independent, professional assessment of the market value of the necessary land and of replacement value of improvements affected; • Compensation offers applicable to each compensable interest;
16 • Necessary completed subdivision plans, signed and certified by a geodetic engineer, in a format capable of registration by the LRA; • Resettlement Action Plan with recommendations, schedules and action plans addressing the legislated rights of all APs; • Appropriate DENR Environmental Compliance Certificates (ECCs) necessary to proceed; and • Line-itemed budgetary requirement and funding strategy for acquisition, registration, clearing and maintenance of the entire, operationally required property.
104. Note that consultation cuts across all of the 10 elements of the ROWSA. The “MUST” outcome of the ROWSA process is to secure title over a number of unencumbered, unoccupied, cleared properties without encroachment, registered in the name of the Republic, and under the control of the DOTr on behalf of the Republic.
2. Consultations at Preparation Stage
105. Two consultations were conducted for Taft station in 08 May 2019 for AHs of directly affected stakeholders and 16 May 2019 for institutional stakeholders that included private corporate landowners. Issues and concerns raised during these consultations are provided in Table 11. Details related to consultations are provided in Appendix 4.
Table 11: Issues and Concerns Raised by AHs and Institutional Stakeholders Issues And Concerns Response/Action By Dotr and Consultant 1. Ambulant vendors representative: (i) All accommodated during the survey; orientation (i) There are 40 vendors at night not included in done prior to survey and PIB distributed. this consultative meeting, how can they (ii) The project will most likely start in June 2020 once participate? budget is made available by the government. At this (ii) When is the start of the project? point, it is still in the planning stage and afterwards, (iii) What will happen to us once the project is NEDA will review and will identify sources of funds. implemented? This is the only source of DOTr will conduct public bidding and the winning livelihood. How can we pay our debtors? contractor will implement the project. (iv) Will some of the footbridges be (iii) We will raise your concern to our supervisors, demolished/replaced? however, DOTr will coordinate with the LGU and (v) Where will pedestrians pass once crossings will MMDA to identify a place for the vendors to be demolished? continuously sell their wares/goods while the project (vi) Can we still go back to these pedestrian is being implemented. crossings and sell our wares/goods? (iv) The survey will gather information about each of the vendor and the results form the basis of mitigating such negative impact. Results will be disclosed. (v) Some footbridges will be demolished for widening from 2.5 meters to 5 meters; some plants and other greeneries will be installed. Hence, vendors occupying the pedestrian crossings and selling accessories will be directly affected by the project. (vi) Temporary pedestrian lanes will be provided. (vii) The vendors can no longer occupy the footbridges/ walkways. In coordination with the LGU and MMDA an alternative place for all the vendors to continuously sell their goods will be provided. Issues Raised by Institutional Stakeholders Pasay City LGU: (i) The project scope includes only the six stations: (i) Will Shaw Boulevard (including Pasig, Monumento, Balintawak, Common Station, Cubao, Mandaluyong and San Juan) have access to Guadalupe and Taft. Another study, the “Ortigas the pedestrian, Greenways Project” covers Shaw Boulevard. (ii) How to ease traffic in Cabrera-Taft Flyover (ii) Consultant to look more into these study areas and especially with only one lane during determine if the project location will cause a major construction, issue. During operations phase, the project is open (iii) Will project operations be open 24 hours for to pedestrian 24hours but, security needs to be pedestrians and how will the security system finalized. work (iii) For the consideration of existing businesses and entrepreneurship, consultant said that the
17 Issues And Concerns Response/Action By Dotr and Consultant (iv) Considerations for existing businesses and stakeholders that will be affected by the project are entrepreneurs affected by the project. identified. After the election, there will be specialized studies on physical and economic displacements as well as the vulnerable who will be affected by the project. (iv) Existing businesses that will be affected by the project are identified. After the election, there will be special studies on physical and economic displacements as well as the vulnerable who will be affected by the project. (i) Consultant to provide copies of the power point Quezon City Engineering Department: presentation. Further, the project will generate (i) Who will maintain the project revenues from advertising and small kiosk to help (ii) Will rest seats be considered with operations; DOTr to hire third party to maintain (iii) Incorporate path walk to the existing pedestrian the project. lane. (ii) Rest areas are ideal, but some controversies were (iv) Consider legal aspects. raised about homeless people using the seats as “homes” and must be avoided. MMDA: (i) As a response, Consultant explained that the (i) Has traffic management been accounted, consideration of traffic impact analysis and traffic especially traffic impact analysis and traffic management cost are included in the feasibility management plan during construction study. It was also clarified that the foot path will have activities. lighting but security on the ground is not within the (ii) Will the footpath underneath the bridge have scope of the project. security guard for safety purposes. (i) Consultant: the project through has safeguards for (i) Consider the needs and safety of children and gender responsiveness in all projects; the has a draft women the gap of the rails and design of Gender Action Plan (GAP) which covers: stairwell. • accommodation of two wheelchairs each way (ii) There is ongoing harassment of women along • lift for wheelchairs the pedestrian lanes; how will this be • half open elevators addressed • PWD sensitive signages (iii) Recommends to have all gender restrooms and • tactile flooring for the blind and lighting and campaign on how to use it. CCTV monitoring for safety and security (iv) address pollution for construction and • rails will be closed, operations phase and possible accidents at • stairwell will not be too steep, night during operations, • there will be signages and safety barriers for (v) consider height of walkways, distance of stair pedestrians. to another and elevated walkway for scope in (ii) There will be advertisement spaces and reserved maintenance. spaces for important information. (vi) Recommend Gender Sensitivity (iii) conduct of an Initial Environmental Examination Training/Seminar to all construction workers (IEE) to take necessary measures for all and management. environmental impacts identified such as lessening the blind spots and having security guards on duty during at night. (iv) need of going into the ground (e.g. underpass) or under the viaduct of LRT to have stairs and ramps. Footpath underneath the bridge is also included in the scope of the maintenance. (v) Gender Sensitivity Training/Seminar is included in the draft GAP. (i) DPWH-NCR asked whether the EDSA-Taft (i) Consultant requests for the plans of the EDSA-Taft Flyover is being considered in the project. Flyover project. (i) Pasay City Planning Office asked whether the (i) Consultant clarified construction of new column for existing columns of the footbridges will be used the project. in the project. Private Corporate landowners:
(i) Our Lady of Guadalupe Minor Seminary asked (i) Consultant responded that there will be no acquiring whether the project will acquire portion of their of land within the property of Our Lady of Guadalupe property Minor Seminary. (ii) Representative of SM inquired whether the (ii) Consultant said that there is a need for some property of SM will be affected by the project landings and the possibility of connection between the pedestrian and SM properties.
18 Issues And Concerns Response/Action By Dotr and Consultant (iii) Representative from Meralco asked the (iii) Per Consultant, the DOTr is the owner of the project following questions: (i) responsible person for and a third party will operate it. The third party will shouldering the cost for utilities, (ii) the certainty maintain the facility but the DOTr will pay them. Also, of the third party in handling the cost and (iii) is the DOTr is the applicant for relocating the utilities. the DOTr will be the applicant in relocating the (iv) Consultant further asked Meralco the following utilities questions: (i) how long it takes for the utility to be (iv) Meralco responded that the technical team will relocated, and (ii) is it possible to handle the work for work with DOTr for relocation of utility poles only 2-3 months. and the needs of the plans. The relocations will (v) Consultant noted the recommendation. take 2-3 months. The Meralco responded to look more into the detailed design of the project. (v) SMDC recommended to have a signage for no vendors on the pedestrian in ensuring that the pedestrian will meet the goals of the project.
A. Parallel Undertakings by Major Corporations Around Other Project Areas
106. While corporations have been attendant to consultations on the Taft Station Greenway Project through representatives, a parallel undertaking within Quezon City commenced through a memorandum of agreement signed by the government (DOTr and DPWH), Metro Pacific Investments Corporation, SM Prime Holdings, Ayala Corporation, and San Miguel Corporation on January 2017 for the construction of the common station.3 The common station expected to serve around 500,000 passengers daily upon its completion, aims to connect the major railway systems in Metro Manila-- the Light Rail Transit Line (LRT-1), Metro Rail Transit Line 3 (MRT-3), Metro Rail Transit Line 7 (MRT-7) and the Metro Manila Subway which will enable passengers to seamlessly transfer from one rail line to another.
107. Area A, estimated to cost around PHP2.7 billion will cover the platforms for LRT-1 and MRT-3 to be handled by the DOTr. Area B, which will connect Areas A and B, will be built by North Triangle Depot Commercial Corporation (NTDCC), an affiliate of Ayala Land while Area C which covers the platform for MRT-7 is still being constructed by the San Miguel Corporation. Ayala Land committed to finish the construction of Area B by 2020. As such, the corporations have financially contributed to the Common Station project and have allowed use of vacant/parking spaces.
108. The joint undertaking signifies public-private sector cooperation agreement on the common station.4
A. Disclosure
109. During consultations, aside from the project description, potential losses and mitigating measures were disclosed. Project information sheets were disseminated (Appendix 5). The project cut-off date was likewise disclosed to the stakeholders and for Taft Station, it was 17 May 2019, the start of the social surveys to determine losses.
110. At implementation, DOTr shall submit the following documents for disclosure on ADB’s website:
(i) This RP as endorsed by DOTr; (ii) Updated RP upon a) finalization of the detailed engineering design, b) completion of independent appraiser, and c) DOTr validation; as endorsed by DOTr;
3 DOTr inks deal on common station construction. February 13, 2019. https://www.pna.gov.ph/articles/1061843 4 Common train station contract finally signed. January 19, 2017. https://newsinfo.inquirer.net/863457/common-train-station- contract-finally-signed.
19 (iii) Any due diligences and corrective action plans prepared during project implementation, if needed; and (iv) Quarterly monitoring reports.
111. This draft RP shall be disclosed to APs by DOTr through a consultation meetings upon completion and will be uploaded to the ADB website. Basic project information will be translated into local language to be placed in public offices where the APs can readily access. A Pre-IOL Project Information Brochure (PIB) has been distributed by DOTr. The final PIB shall include the project name, cut-off date and eligibilities, project impacts, compensation/entitlements, GRM procedures, and focal persons.
V. GRIEVANCE REDRESS MECHANISM
112. A Grievance Redress Mechanism (GRM) is a systematic process to receive, evaluate, and address the project-related grievances of APs. 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. APs 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.
113. 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; (iv) accessibility of GRM to APs at no costs and without retribution.
114. There are different modes of filing complaints:
(i) Verbally or written directed to the city/barangay Help/Grievance Desk (whichever is applicable) or to a project representative (ii) Verbally or by text message using the existing DOTr Action Center Hotline 7890 will be used as an option for APs in filing complaints (iii) Complaints can be addressed directly to the Greenways PMO through the Grievance Desk Officer
115. All complaints received in writing (or prepared in written form, when received verbally) from the APs shall be properly documented acted upon immediately and addressed through negotiation processes to arrive at a resolution/consensus, pursuant to the procedures detailed below:
(i) Level I – Barangay local government unit (BLGU) – The Barangay Help/Grievance Desk will serve as the first formal contact point for APs 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 AP or stakeholder will be informed in writing of the decision within two working days from when the decision is reached. In cases the AP 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 DOTr Greenways PMO within a working day of receipt by the BLGU grievance focal.
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(ii) Level II - If the AP is not satisfied by the BLGU decision, the AP can appeal before the DOTr Grievance Desk Officer of the Greenways PMO. The Greenways PMO has 15 calendar days within which to resolve the complaint. The resolution will be officially communicated in writing to the AP within five working days from the date of the issuance of the decision.
(iii) Level III – Legal Procedures - If the Project Level decision is unsatisfactory to the AP, the AP 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.
116. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as outlined below:
(i) Complaints against local government executives shall be filed with the Department of Interior and Local Government. (ii) Complaints against subordinate officials shall be filed with the office of the local chief executive concerned. (iii) Complaints against officials of other national agencies may be filed with the office of the President, or the office of the Ombudsman. (iv) 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.
117. ADB’s Accountability Mechanism. In addition to the project GRM, ADB’s accountability mechanism (May 2012) also 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.
VI. LEGAL AND POLICY FRAMEWORK
(v) Relevant Laws and Regulations in the Philippines
118. The overarching guidance for this legal and policy framework is anchored upon the Philippine Constitution, Article III, Sec. 9 that states: “Private property shall not be taken for public use without just compensation”.
119. Republic Act (RA) 10752 - An Act to Facilitate the Acquisition of Right-Of-Way (ROW Act), Site or Location for National Government Infrastructure Projects. The law took effect on 07 March 2016 and gave effect to Article III, Sec. 9 of the Constitution. The Implementing Rules and Regulations (IRR) for the Row Act became effective on 07 August 2017 repealing and RA 8974. Any action n undertaken to acquire land for Right-of-Way, whether public land or land owned in fee simple5 by private entities, must be guided by the Constitution and must be undertaken in complete compliance with the ROW Act and its IRR.
5 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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120. Sec. 18 of the Implementing Rules and Regulations (IRR) of Republic Act 10752 requires the production of an Agency Manual of Procedures for ROW Acquisition for each IA. Under legislation and governance protocols, the DOTr is deemed to be an Implementing Agency (IA).6 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) was produced under DOTr on April 2018 to serve as guide on legislated procedures required for the negotiated or compulsory acquisition of land deemed to be required for transport purposes in the public interest.
121. Modes of 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.7 Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers which help promotes objective property valuation. The assumption by the IA of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government.
122. It also streamlines the expropriation process if negotiation fails. The improved process requires (a) complete documentation to support the expropriation complaint, (b) provides for the immediate deposit of the value of the property allowing prompt release of payment to the owners and (c) provides immediate issuance of Writ of Possession upon deposit of the value of the property, which will enable early project implementation.
123. 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: (1) current market value of the land; (2) replacement cost for affected structures and improvements; and (3) 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.
124. Section 6.10 of IRR of RA 10752 (Deed of Absolute Sale and Payments) further states that 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.
6 Pursuant to the provisions of Executive Order No. 125 and 125-A, the Department of Transportation and Communications is hereby affirmed to be the primary coordinating, development and implementing agency for transportation projects including ports, airports and railways. This affirmation is without prejudice to the role of the Metro Manila Development Authority as the planning, monitoring and coordinating authority involving the delivery of metro-wide services within Metro Manila and the autonomy of LGUs concerning purely local matters. 7 Requisites for the valid exercise of the power of Eminent Domain: (i) The property taken must be private property; (ii) There must be genuine necessity to take the private property; (iii) The taking must be for public use; (iv) There must be payment of just compensation; and (v) The taking must comply with due process of law.
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125. The capital gains tax payable from the sale of the land and its improvements (which under RA 8424 and RA 7279 is the seller’s obligation as well as documentary stamp tax, transfer tax and registration fees), shall be paid by the IA for the account of the seller, while the seller shall pay any unpaid real property tax.
126. Easements. 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.
127. Modes of 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. Property valuation is market-based and undertaken using Government Financial Institutions (GFIs) or Independent Property Appraisers (IPA) which help promotes objective property valuation. The assumption by the IA of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government.
128. Donation. Donation8 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. There are limitations to donation as below:
Capacity of the donor to donate must be determined as of the time of making the donation and disqualifies donations made by the following:9 A. Minors who cannot donate because they cannot give consent to a contract B. Insane or demented persons, and deaf-mutes who do not know how to write; C. 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. D. Persons found guilty of the same criminal offense, in consideration thereof, and E. Public officers and his/her spouses, descendants or ascendants, by reason of his/her office.
129. The approach towards donation under ROWSAM is at detailed engineering design, 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. 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.
8 Art 725, New Civil Code (NCC) 9 Art. 739, NCC
23 130. If the property owner agrees to donate the property to be acquired by the IA, as ROWSA, 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.
131. The procedures in negotiating donation by the owner of affected property are as follows:
a) Obtain the list of PAPs from the Entitlement Matrix which was generated during the Project’s Detailed Engineering Design (DED) Phase of the Project; b) Prepare Donation documents package for presentation to the owner, which includes: (i) Notice of Taking 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 (inter-vivos). c) Issue a Notice of Taking 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; d) During the first of the negotiating phase contacts with the property owner: (i) 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); (ii) 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; (iii) Explain to the owner, the detail and processes of estimating the Offer of Just Compensation pursuant to the ROW Act and its IRR. e) If the owner is unwilling to donate the required property, proceed to the Negotiated Sale option; f) Verify whether the property is mortgaged, and if so, proceed to Negotiated Sale process; g) If the owner agrees to donate the affected property, request the following documents from the owner: (i) Certified true copy of the titles (OCT/TCT) issued by the Register of Deeds. (ii) Official receipts of real property tax payments for the past five (5) years and tax clearance issued by the local treasurer. h) Evaluate, validate, and authenticate the submitted documents to confirm that the owner is not donating the property to defraud his or her creditors; i) Determine if the owner will retain sufficient balance property; proceed to a written request for Donation to the RP of the affected property; j) If the donation is of the entire property, proceed to preparation of an Unconditional Deed of Donation (inter-vivos); k) 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 Deed of Donation (inter- vivos); l) If the owner has structures that will be affected, prepare the Agreement to Demolish and Remove Improvements (ADRI); and
24 m) Have the Deed of Donation signed by the owner (as donor) and accepted by the appropriately qualified IA representative (as donee).
132. For properties acquired through donation, clearing of ROW can be immediately carried out once the Deed of Donation is perfected. The IA shall pay the documentary stamp tax, transfer tax and registration fee, while the donor shall pay any unpaid real property tax.
133. Negotiation. 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 Implementing Agency • 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. (i) Approach: Negotiation must be conducted free of any attempt to pressure the property owner into reaching an agreement.
134. The procedures in negotiating are:
a) Determine the affected property owner(s) from the Entitlement Matrix and confirm with the Parcellary Survey Report. b) 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. c) 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. d) 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. e) Determine appropriate IA authorized representative personally deliver the Notice of Taking and Offer Documents to owner(s) presently residing in the project area. f) 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”. g) 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”. h) 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. i) 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 [DOTr]) and to rehabilitate themselves to their previous circumstance as soon as possible.
25 j) Prepare the standard, but personalized template of the Letter of Notice of Taking 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. k) Prepare an appropriate deed of absolute sale document between the owner and the DOTr. l) Reference the requirement under the ROW Act for the IA to pay Capital Gains Tax applicable to the land acquired and confirm payment by the IA of DST, transfer tax and registration fees. m) IA sends Notice of Taking either through Registered Mail or by hand delivery by appropriate IA authorized representative/negotiator. n) 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.
135. For properties acquired through Negotiated Sale clearing of ROW shall be undertaken after the ADRI is perfected. The ADRI must be signed prior to the release of full payment for improvements.
136. Expropriation. The power of eminent domain is an inherent and indispensable power of the State. Also called the power of expropriation, it is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method a compulsory sale to the State. (Manapat and Lim vs. Court of Appeals and the National Housing Authority).
137. Expropriation is mandated if a negotiated sale is not feasible, 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.
138. RA 10752 streamlines the expropriation process if negotiation fails. The improved process requires (a) complete documentation to support the expropriation complaint, (b) provides for the immediate deposit of the value of the property allowing prompt release of payment to the owners and (c) provides immediate issuance of Writ of Possession10 upon deposit of the value of the property, which will enable early project implementation.
139. Mechanism and Protocols for Expropriation. 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.
140. The documentation required from the owner to be advised with the Notice of Taking and Final Offer of correspondence are as below:
10 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.
26 a) DOTr as IA requests, in writing, the OSG to initiate expropriation proceedings, or to deputize DOTr (as IA) legal officer(s) to initiate expropriation proceedings. b) 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: (i) 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; (ii) The replacement cost at current market value of the improvements and structures as determined by: • The implementing agency; • A GFI with adequate experience in property appraisal; and • An independent property appraiser accredited by the BSP. (iii) 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. c) 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 has not been settled, after exerting due diligence, or there are conflicting claims over the ownership of the property and improvements and structures thereon. d) 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. e) 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. f) 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. g) 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. h) 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. i) 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.
141. 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
27 shall pay the capital gains tax and any unpaid real property taxes as pursuant to Sec. 6(g) of the ROW Act.
142. 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.
143. 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.
144. 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.
(i) Lands under Commonwealth Act 141. 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.
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.
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.
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 should the airport be abandoned or when the infrastructure projects are completed and buildings used by project engineers are abandoned or dismantled, but subject to the same lien for future improvements.
(ii) 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.
(iii) 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
28 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. (iv) Acquisition of Subsurface ROWSA. If the national government project involves underground works within a depth of fifty (50) meters from the surface, the IA may undertake the mode of acquisition in the following order: (i) Negotiate with the property owner a perpetual easement of ROW for the subterranean portions of his property required by the project; and
(ii) Offer to acquire from the property owner the affected portion of the land, including the affected structures, improvements, crops and trees therein in accordance with the provisions of the Act.
(v) 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.
(vi) 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:
(i) Duly notarized copy of the Resolution from the Corporation or Partners; and (ii) 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.
145. 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: (1) current market value of the land; (2) replacement cost for affected structures and improvements; and (3) 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
29 unpaid real estate taxes) upon execution of the Deed of Sale. This supersedes the 100% (i.e. full payment) requirement indicated in RA 8974.
146. 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.
147. 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.
148. 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 right of-way 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.
149. 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 of HUDCC design standards and costings), livelihood restoration and improvement, and other activities under the RAP in coordination with concerned government agencies.
150. Resettlement Action Plan. In accordance with the ROWSAM, the RAP is a document with an associated database that provides a structure for identifying every informal settler interest in the required land which must be addressed to allow complete operational integrity of the required national transport infrastructure into the name of the Republic. Contrary to the LAP, the RAP mentions considerations of compensation for loss of assets of project-affected- persons (PAPs) that were determined to be residing in, carrying on business, cultivating land, or having rights over resources within the ROWSA acquisition area at the proclaimed cut-off date.
151. 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 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.
152. DOTr Department Order No. 2013-05. The Department Order specifies the composition of the Technical Working Committee for the Acquisition of Sites/Rights-Of-Way for the department’s Infrastructure Projects. It states that no infrastructure project shall be bid out and/or commence unless the acquisition of site and/or ROW of lots affected by the project are determined/settled as certified by the Committee. Under the Guidelines on ROW Acquisition, properties may be acquired through the following modes: donation, quit claim, exchange or barter, negotiated sale or purchase, expropriation or other modes as authorized
30 by law. The Guidelines specify that an ocular of the property to be acquired must be conducted. In addition, lot owners, lot numbers, areas and technical descriptions should be compared against the parcellary map. Proper coordination with LGUs and project-affected persons are likewise required. As part of the guidelines, donation would be explored as the first option. Should the owner disagree, GFIs and/or private appraisers would be requested to conduct the appraisal. More importantly, matters pertaining to relocation shall be coordinated with the pertinent government agencies.
153. Other national laws and policies that impinge on social safeguards are as follows:
(vii) 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. (viii) Republic Act No. 6685 (1988). Under Section 1 of RA 6685, 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. (ix) 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. (x) 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. (xi) PD 1586 - “Philippine Environmental Impact Statement System” (1978) and AO 42 s. 2002 - “Implementing the Environmental Impact Statement System”. Established an Environmental Impact Statement System founded and based on the environmental impact statement required, under Section 4 of Presidential Decree No. 1151 (1977), of all agencies and instrumentalities of the national government, including government- owned or controlled corporations, as well as private corporations, firms and entities for every proposed project and undertaking which significantly affect the quality of the environment. (xii) Republic Act 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. (xiii) 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
31 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. (xiv) RA 6957 as amended by RA 7718 (1994) - “An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector” (1990). It is the declared policy of the State to recognize the indispensable role of the private sector as the main engine for national growth and development and provide the most appropriate favorable incentives to mobilize private resources for the purpose. All concerned infrastructure agencies, including government-owned and controlled corporations and local government units, shall include in their infrastructure programs those priority projects that may be financed, constructed, operated and maintained by the private sector under the provisions of this Act. It shall be the duty of all concerned infrastructure agencies to give wide publicity to all projects eligible for financing under this Act, including publication in national newspapers of general circulation once every six (6) months and official notification of contractors registered with them. The lists of all such national projects must be part of the medium-term infrastructure programs of the agencies concerned and must be duly approved by Congress. Local projects funded and implemented by the local government units concerned shall be submitted to the local development councils for confirmation or approval. (xv) Republic Act No. 7277 (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. (xvi) Republic Act 7432 (1992) Pursuant to Article XV, Section 4 of the Constitution, it is the duty of the family to take care of its elderly members while the State may design programs of social security for them. In addition to this, Section 10 in the Declaration of Principles and State Policies provides: “The State shall provide social justice in all phases of national development”. Further, Article XIII, Section II provides: “The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children.” Consonant with these constitutional principles the following are the declared policies of this Act: a) To motivate and encourage the senior citizens to contribute to nation building; and b) To encourage their families and communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens. In accordance with these policies, this act aims to: 1) Establish mechanism whereby the contribution of the senior citizens are maximized; 2) Adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole; and 3) Establish a program beneficial to the senior citizens, their families and the rest of the community that they serve. (xvii) RA 7160 - “Local Government Code of 1991”. As a declaration of policy: (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities,
32 and resources. The process of decentralization shall proceed from the national government to the local government units; (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum; and (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non- governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. (xviii) EO 292 s.1987 - “Administrative Code of 1987”. Book II Section 1 provides the guiding principles and policies in government. Government power shall be exercised in accordance with the following basic principles and policies: (1) The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them; (2) The State values the dignity of every human person and guarantees full respect for human rights; (3) Civilian authority is, at all times, supreme over the military; (4) The State shall ensure the autonomy of local governments; (5) The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions, in accordance with the Constitution, in Muslim Mindanao and the Cordilleras as may be provided by law; (6) The separation of Church and State shall be inviolable; (7) The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision- making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms; and (8) The powers expressly vested in any branch of the Government shall not be exercised by, nor delegated to, any other branch of the Government, except to the extent authorized by the Constitution. (xix) EO 125A s. 1987 - Amending Executive Order No. 125, Entitled “Reorganizing the Ministry of Transportation and Communications, Defining its Powers and Functions, and for Other Purposes” (xx) 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. (xxi) 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. (xxii) Commonwealth Act 141 (1936) as amended by PDs 631 (1975) and PD 1361 (1978) - “Public Lands Act”. Prescribes a twenty (20) meter strip of land reserved by the government for public use, with damages being paid for improvements only. b. Presidential Decree 635 amended Section 112 of CA 141 increasing the width of the reserved strip of twenty (20) meters to sixty (60) meters. Per IRR of RA10752, if the government decides to exercise its right to
33 use the ROW strip reserved for public use within the land acquired under CA No. 141, the owner is required to execute a quit claim. Holders of free or homesteads patents and CLOA under CA 141. [(i) follow the other modes of acquisition enumerated in the IRR of RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; Cash compensation for loss of land at 100% current market value and improvements at replacement cost) or (ii) follow the provisions under CA No. 141 regarding acquisition of ROW on patent lands, if the landowner is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title] except for improvements at replacement cost. (xxiii) Republic Act No. 386 - An Act to Ordain and Institute the Civil Code of The Philippines. 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 Sections 1-4. (xxiv) Republic Act 7192: Women in Development and Nation Building Act. RA 7192 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: (1) 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; (2) 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 (3) All government departments and agencies shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein. (xxv) Republic Act 9710: Magna Carta of Women. RA 9710 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 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
34 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: (1) Allocation and utilization at least 5% of the government agencies, including LGUs, budget to implement gender- responsive programs and projects; (2) Ensuring that 5-30% of funds received from foreign governments and multilateral agencies are in support of gender- responsive programs and projects; (3) Creation and maintenance of Sex- Disaggregated Data (SDD) as basis for gender analysis and gender- responsive planning and budgeting; (4) Integration of gender in National and Local Plans; and (5) Mainstreaming gender in the Program/project Monitoring Framework and System.
(xxvi) MO 65, Series of 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.
B. ADB Policies
154. The objectives of the ADB safeguards policy are to avoid involuntary resettlement whenever possible; to minimize involuntary resettlement by exploring project and design alternatives; and to enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups.
155. The involuntary resettlement safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. ADB-supported projects are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks.
156. The absence of legal title to land cannot be considered an obstacle to compensation and rehabilitation privileges per ADB policy. All persons affected by the project, especially the poor, landless, and semi-landless persons shall be included in the compensation, resettlement, and rehabilitation package. Affected persons (AP) and/or affected households (AH), whichever is deemed applicable, who are unable to demonstrate a legalizable or recognizable claim to the land being acquired will be eligible for compensation with respect to non-land assets only, and not the land itself. They will however be provided with other benefits and allowances as provided to other APs.
157. The following ADB SPS principles on involuntary resettlement are stipulated and will also apply to the project:
(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning
35 through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. (iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. (viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical
36 or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
158. Other Policies. 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. Other policies of the ADB that have bearing on resettlement planning and implementation are the Public Communications Policy (2012) and Accountability Mechanism (2012).
C. Gap Analysis
159. Based on the National laws and policies enumerated in the above section and those of the ADB SPS, Table 12 summarizes the gap-equivalence and provides for gap-filling measures.
Table 12: Gap-Equivalence Matrix of National Laws with ADB SPS 2009 Government of the No Issue ADB Gap Gap Filling Measure Philippines 1 Compensati APs who have neither APs without legal APs without APs who do not have legally on for non- formal legal rights nor entitlement to affected legal rights to recognized right to the land assets recognizable claims to land will be eligible for affected land affected land but who for those affected land they compensation for are potentially occupy the project affected without occupy are to be structures and ineligible for area prior to the cut-off date recognized compensated for the improvements with compensation are eligible for compensation legal rights loss of assets other following criteria: for non-land for affected non-land assets to affected than land, and for other (i) Must be a Filipino losses if they and improvements, other land. improvements to the citizen; are classified as than land, at full replacement land, at full (ii) Must not own any professional cost. replacement cost, real property or any squatters or This includes those that do provided they occupied other housing members of not meet the criteria within the the project area prior to facility, whether in squatting Laws of the Philippines, with the project cut-off date. an urban or rural syndicates. the exception of “Squatting area; syndicates” as defined in section 3 of RA 7279 and who Must not be a (iii) are certified by HUDCC and professional or other Government Agency squatter or a (PNR, LGU among others) as member of a such will not be eligible for squatting syndicate, compensation. as defined in R.A Presence in the project No. 7279, otherwise affected area at cut-off date to known as the be validated through census "Urban and validated by the Development and respective Local Housing housing Act of Office (LHO) or the Local 1992"; Inter-Agency Committee
(LIAC), in the absence of the (Section 5(b) of RA former. 10752)11 “Squatting
syndicates” as defined in All aspects of the RP will be section 3 of RA 727912 covered by adequate will not be eligible for government appropriations.
11 Section 6.6 of IRR of RA 10752 includes additional criterion that PAPs must not occupy an existing government ROW. However, this criterion is not supported in RA 10752 itself. 12 "Squatting syndicates" refers to groups of persons engaged in the business of squatter housing for profit or gain.
37 Government of the No Issue ADB Gap Gap Filling Measure Philippines compensation or assistance.
Under Section 15 of IRR of RA 10752, the government shall provide adequate appropriations including the cost of development and implementation of resettlement projects, including planning, social preparation, provision of basic services, community facilities, livelihood restoration and improvement and other activities in the resettlement action plan. 2 Payment of The rate of RA 10752 requires for Payment of Payment of CGT may be paid capital gains taxcompensation for the property owner to capital gains tax by the IA after the ruling by the on land acquiredacquired housing, land pay the capital gains by PAP if land is court in expropriation cases. through and other assets will tax in expropriation expropriated is Prompt and complete expropriation. be calculated at full proceedings in order to inconsistent with disclosure of the advantages replacement costs. incentivize and principle of of Negotiated Sale over The calculation of full promote negotiated replacement Expropriation Proceedings (As replacement cost will be sale. cost. provided for by R.A. 10752) based on the following shall be made during conduct elements: (i) fair market Under negotiated sale, of the 2nd Stakeholder value; (ii) transaction the IA shall pay for the Consultation Meeting (SCM) to costs; (iii) interest account of the seller, the wit: accrued, (iv) transitional capital gains tax, as well Negotiated Sale Advantages: and restoration costs; andas the documentary (i) Outright offer for land price (v) other applicable stamp tax, transfer tax, will be based on fair market payments, if any. and registration fees. value The property owner will (ii) Payment of CGT pay any unpaid real shouldered by property tax. Implementing Agency (DOTr) Under expropriation Shorter process (2-6 proceedings, the IA (iii) months if all required shall pay the documents are complete) documentary stamp Expropriation Proceeding tax, transfer tax, and Disadvantages: registration fees, while the owner will pay the (i) Initial payment for land capital gains tax and based on BIR zonal value any unpaid real and owner needs to property tax. 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 DOTr to pay the owner the difference. APs may still revert from expropriation to negotiation at
38 Government of the No Issue ADB Gap Gap Filling Measure Philippines any point in time before the last day of filing for Motion of the expropriation case. In case the Expropriation Case has been filed in Court: The plaintiff (DOTr) can withdraw the case any time before the filing of the answer by the defendant (APs) (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 DOTr 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 DOTr’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. 33 Payment of All compensation and Under RA 10752, in Gaps on timing for The APs will not be displaced compensation assistance should be the mode of negotiated payment, and for until after they have been paid in and assistance provided prior to sale, APs will be paid expropriation full the compensation and prior to displacement. in two installments for cases, the need to applicable allowances due to displacement their affected provide proof of them. properties. The ownership to the balance in courts prior to For negotiated sale the compensation for the payment. following arrangements will be land will only be paid applied: after the deed of sale (i) For structures: DOTr to has been completed. pay 100% prior to being The balance of displaced. Payment of payment for compensation for improvements will be structures and paid to the APs only improvements may be after the acquired held in abeyance for lands have been participants of socialized cleared of all housing program or used improvements (i.e., as an advance payment structures, trees, and on their amortizations at crops). the APs request until the relocation site and In the mode of socialized housing expropriation, an initial accommodation becomes compensation at an available. amount computed at (ii) For land: For Full/ Severe 100% of lot price based impacts - 1st installment of on latest Bureau of 50% by DOTr remaining Internal Revenue (BIR) 50% is paid to APs when zonal value for land, land is officially replacement cost for transferred; for partial/ structures and marginal land taking, improvements, and remaining 50% is paid to market value for crops
39 Government of the No Issue ADB Gap Gap Filling Measure Philippines and trees in the form of APs upon annotation of a check will be the Title on sale of portion deposited to the court in of land; but no favor of the owner upon displacement nor civil filing of expropriation works to commence until case by DOTr. The such transfer is effective Court will immediately and balance paid. issue an order to take possession of the In negotiated sale cases where property and start APs are willing to sell their implementation of the property but will take more than project (Section 6(a) 30 days to submit required R.A. 10752). While the documents, DOTr shall provide court adjudicates the necessary assistance to the compensation to be extent possible, to help APs to paid, the PAPs may, at secure the paperwork. any time request the In cases wherein PAPs need to court to release such undergo Extra Judicial deposit upon Settlement (EJS)13 for the presentation of proof of paperwork, the DOTr shall ownership (Section 6(a) assist them through the Help R.A. 10752). Desk so that they can complete title segregation prior to issuance of offer to buy (OTB)14, and thus can be eligible for negotiated sale.
In cases wherein the APs 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 APs can, at any time, request the court to release the initial payment deposited to the Court upon submittal of proof of ownership. The AP 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 DOTr shall pay to the PAPs the difference between the initial payment released by the court and the market value indicated in the OTB.
In effect:
13 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. 14 This can be achieved through early issuance of the Notice of Taking to property owners.
40 Government of the No Issue ADB Gap Gap Filling Measure Philippines
1. Compensation, transitional support and resettlement assistance will be provided in full to affected persons prior to displacement, land clearance and commencement of works in any affected areas.15
2. In the event that APs are unable or unwilling to receive their entitlements due to contested ownership, APs being absent and unreachable or APs contest the compensation offered, and following reasonable efforts to identify owners, and adjudicate resolution of disputes as required under RA10752, DOTr will deposit the full amount of compensation and allowances due in to an escrow account until such time as the money can be released to the affected persons. 44 Severity of If the residual portion No specific law No current If the residual portion is loss of is 20% or less16 or if prescribes Government 20% or less or if the property after the residual portion is acquisition of policy on this residual portion is no longer which the no longer viable for remaining unviable issue. viable for use according to entire use according to portion of the original purpose, the entire property will original purpose, the acquired property. 17 property will be acquired be acquired. entire property will be taking also the wishes of acquired. the AP into consideration. 55 Income The borrower/client will Requirements for ADB guidelines Income restoration and restoration and include detailed supplementary are more specific livelihood improvement livelihood measures for income assistance or training regarding measures need to be designed improvement restoration and to certain categories of objectives of in consultation with APs and be livelihood improvement APs. However, the restoring income adequately resourced to of displaced persons in requirements do not earning capacity restore income earning the resettlement plan. have specific and include those capacity of all APs whose Income sources and objectives to restore whose income livelihoods are affected and livelihoods affected by income earning generation improve income earning project activities will be capacity and are resources are capacity of vulnerable APs. restored to pre-project limited in scope and severely affected. levels, and the application. Affected vendors/hawkers/ borrower/ client will ambulants shall be entitled to make every attempt to livelihood restoration
15 During implementation assistance will consist of DOTR linking APs with existing government programs, such as but not limited to: (i) the Department of Trade and Industry (DTI) Pondo Para sa Pagbabago at Pag-Asenso (P3); (ii) the Department of Labor and Employment (DOLE) Nego-Kart (Negosyo sa Kariton) for the displaced ambulant vendors; and (iii) the Department of Social Welfare and Development through 4Ps and the Social Pension Program for Indigent Senior Citizens (SPISC). 16 Based on the World Bank Involuntary Resettlement Sourcebook, if more than 80% of holdings is acquired, or if residual holdings no longer economically viable, owner shall have the option to sell the residual land 17 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.
41 Government of the No Issue ADB Gap Gap Filling Measure Philippines improve the incomes of Nonetheless, IRR of assistance to include for the displaced persons so RA10752 states that vulnerable. that they can benefit government from the project. For appropriations should The effectiveness of the vulnerable persons and be available to income restoration and households affected, the implement the cost of livelihood improvement resettlement plan will development and activities will be monitored and include measures to implementation of reviewed. provide extra assistance resettlement projects, so that they can improve and may include All 76 affected vendors shall be their incomes in livelihood restoration entitled to livelihood restoration comparison with pre- and improvement assistance and transition project levels. The activities. support. 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. 66 Transitional In the case of physically Section 10(c) of R.A. Although there are Transitional support during the assistance and displaced persons, 10752 provides that no specific laws period while APs are resettling compensation provide transitional the cost of and guidelines and re-establishing their for lost income. support and development and which mention the livelihoods will be provided development implementation of transition period, aimed at stabilizing their living assistance, training, or resettlement projects entitlements standards. employment covered by the Act, relating to this may opportunities; and including planning, be lumped under Cash compensation to cover opportunities to derive social preparation, and “livelihood income losses during transition appropriate other activities under restoration and period corresponding to development benefits the resettlement plan improvement and stoppage of business/ from the project. shall be provided other activities commercial activities, but not adequate appropriation under the exceeding six-month period. In cases where land to cover the funds resettlement plan” For APs who are owners of acquisition affects needed for such. as provided by the commercial establishments and commercial structures, latest ROW law are leasing space from property affected business ownersSection 15 of the IRR ofand its IRR. owners are entitled to (i) the costsRA 10752 further states (i) For those who will continue of reestablishing that when necessary theIn the Philippine with their commercial commercial activities development cost laws, there is no activities elsewhere, rental elsewhere; (ii) the net described above may provision for subsidy for three (3) months income lost during the include provision of compensation for based on prevailing transition period; and (iii) basic services and loss of income for average monthly rental for a the costs of transferring community facilities, medium to large similar structure of equal and reinstalling plant, livelihood restoration businesses. type and dimension to the machinery, or other and improvement and property being leased. Not equipment. other activities under the applicable to lease resettlement plan in contracts that will expire coordination with within three (3) months at concerned government the time of taking; agencies. (ii) Cash compensation to cover transactional (e.g., For APs whose permitting) cost of structures are severely reestablishing the business affected and business/ elsewhere; income will be affected, APs who are owners of micro the DPWH LARRIP and small businesses with or (2003) provides for without permits from the LGU rehabilitation assistance concerned: with an amount not Cash compensation to more than P15,000 (i) cover income losses during (based on the tax record
42 Government of the No Issue ADB Gap Gap Filling Measure Philippines for the business transition period activities) corresponding to stoppage of business activities, but not exceeding six-month period; (ii) Cash compensation to cover transactional (e.g., permitting) cost of reestablishing the industry elsewhere; (iii) Assistance in securing soft loan to enable self- rehabilitation for those restarting business elsewhere. (iv) Participation in the Livelihood Restoration and Improvement Program (v) For APs 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. APs 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.
All 76 affected vendors shall be entitled to livelihood restoration assistance and transition support. 77 Disclosure of theADB Policy is to make theThe NEDA ICC does notAccessibility of the The RP shall be prepared and RP RP accessible to the require the RP to be RP to accessible to the public through Public through its websitemade available to stakeholders. the ADB and DOTr websites. before Loan Agreement public. Salient information from the RP will be disclosed to APs prior to and following finalization during stakeholder consultation meetings. 88 Grievance Appropriate and Republic Act 9285 ADR system is An effective and accessible redress accessible grievance (Alternative Dispute promoted by RA grievance redress mechanism mechanism mechanisms must be Resolution (ADR) Act 9285 but it does will be established for the established for the of 2004) was meant to not stipulate the project to resolve disputes affected people and their promote alternative grievance redress outside the judicial system. communities. mechanisms to resolve mechanism. There Prior to start of right-of-way disputes outside of are no specific acquisition19 (ROWA), DOTr judicial litigation, and to laws that stipulate will link to the existing help provide the means for the grievance desk/hotline to address the using ADR as an redress concerns of APs pertaining to effective tool. ADR RP and ROWA. A database of system adopts such APs’ concerns, actions taken, measures as referrals made, and resolution
19 Onset is marked by the sending of the Notice of Taking by DOTr.
43 Government of the No Issue ADB Gap Gap Filling Measure Philippines mediation, conciliation, mechanisms in the status of said concerns shall arbitration, or any Philippines.18 be developed and maintained combination of it to by DOTr. achieve speedy and Once the ROWA commences, efficient means of GRM is triggered and the help resolving cases desk/hotline. pending before all courts. 99 Establishment Affected people are to Requirement under RA No specific A census and socioeconomic of cut-off date be identified and 7279 and its IRR for requirement for cut-survey is conducted for the for eligibility to recorded as early as LGUs to conduct off date. affected areas to prepare the entitlements. possible in order to inventory of their ISFs. RP. establish their eligibility through an initial The conduct of survey For informal settlers/ baseline survey and tagging are vulnerable sector, the cut-off (including population established practice by date is set on the beginning census, asset inventory, the Urban Poor Affairs date of the census and and socioeconomic Office (UPAO). tagging. The cut-off date is survey). Section 4 of the IRR for publicly disclosed during the 1st Registration of stakeholder consultation The borrower/client will Socialized Housing meeting in the project affected establish a cut-off date Beneficiaries states areas. for eligibility. Information that the city/ municipal regarding the cutoff date government shall be Date of Notice of Taking will be will be documented and primarily responsible the cut-off date for formal disseminated for carrying out the property owners. throughout the project registration of area. underprivileged and homeless families within their respective jurisdictions. 110 Voluntary land Voluntary donation will beVoluntary land Voluntary land Voluntary donation under this donation an act of informed donations are permitted.donations are a project may be an option to consent and APs will not mode of land negotiated sale and APs will not be forced to donate land acquisition for the be forced to donate land or other or other assets with project. assets with coercion or under coercion or under duress. duress. Any voluntary donation will be confirmed through written records and verified by an independent third party.
D. Project Policies
160. The Project shall, under the aegis of DOTR, uphold legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements. The resettlement policy principles for the Project are thus as follows:
(i) Screen subproject components during early stages to identify involuntary resettlement impacts and risks. These impacts and risks must be minimal. (ii) Conduct culturally appropriate and gender-sensitive social assessment to assess potential impacts on APs and concerned NGOs. Inform all APs on potential impacts because of the project and ensure their participation in the project cycle. (iii) Conduct meaningful consultations with APs 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.
18 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.
44 (iv) Improve or at least restore the livelihood of APs through (a) land-based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; and (c) prompt compensation at full replacement cost for lost assets that cannot be restored. (v) APs shall be involved in resettlement planning based on the social assessment, and this RP to at least restore the livelihoods of all APs, especially vulnerable groups so that the living standard of APs do not become worse off compared to pre-project levels. The plan shall ensure appropriateness of the GRM, AP entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs with appropriate assistance. (vi) APs without title or any recognizable legal rights to land are eligible for assistance and compensation for non-land assets at replacement cost. Particular attention will be paid to women, women headed households, the elderly and other vulnerable persons. (vii) Voluntary donation will be an act of informed consent and APs will not be forced to donate land or other assets with coercion or under duress. Any voluntary donation will follow provisions of this RP and be confirmed through written records and verified by an independent third party. (viii) Aside from this RP, disclose any social safeguards planning documents (like corrective action plan and other action plans) and ensuing updates to the APs and other stakeholders in an accessible place and a form and understandable language. (ix) 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. (x) Civil works and/or restrictions to use of land resources will not commence unless APs are fully compensated and all other entitlements provided. (xi) Monitor implementation of this RP; monitor and assess resettlement outcomes, their impacts on the standards of living of APs. (xii) Disclose monitoring reports as uploaded on to ADB and DOTR websites; and to the project sites specifically the affected communities/persons, in summary form. (xiii) Should unanticipated involuntary resettlement impacts be determined during project implementation, DOTR will ensure the conduct of a social impact assessment and update this RP.
1. Voluntary Land Donation
161. Donation Under the ROWSAM. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right of another, who accepts it (Art 725, New Civil Code (NCC)). Sec. 5 of the ROW Act Implementing Rules and Regulations (IRR) allows the IA to explore donation by the property owner (which may be a private person / corporation or government agency or corporation) of the required whole (or a portion) of the affected property (with or without improvements).
162. Capacity of the donor to donate must be determined as of the time of making the donation. (Art. 737, NCC). Art. 739, (NCC) disqualifies donations made by the following:
(i) Minors (who cannot donate because they cannot give consent to a contract as stated in Article 735 in relation to Article 1327 of the NCC) (ii) Insane or demented persons, and deaf-mutes who do not know how to write (such persons may not donate because they cannot give consent to a contract as stated in Article 735 in relation to Article 1327 of the NCC. Under Article 800 of the NCC, the law presumes that every person is of sound mind, in the absence of proof to the contrary).
45 (iii) 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. (iv) Persons found guilty of the same criminal offense, in consideration thereof, and (v) Public officers and his/her spouses, descendants or ascendants, by reason of his/her office.
163. The unconditional Deed of Donation is always inter-vivos in that a transfer or gift made during one's lifetime, as opposed to a testamentary transfer (a gift that takes effect on death) under the subject of trust. Sec. 5, IRR of the ROW Act requires that in case the donor is an individual, the Deed of Donation must contain a clause to the effect that the “Donation is made not to defraud the donor’s creditors, and that the donor has, if necessary, reserve for himself enough property for his family subsistence, sustenance, and support.”
164. Donation Under ADB. Voluntary land donation is beyond the scope of the ADB SPS 2009. Due diligence will have to be observed to avoid adverse impacts on APs and possible reputational risks to ADB. The following will thus have to be conducted:
(i) Verify that the donation is in fact voluntary and did not result from coercion, using verbal and written records and confirmation through an independent third party such as a designated nongovernmental organization or legal authority; and (ii) Ensure that voluntary donations do not severely affect the living standards of affected persons and benefit them directly. (iii) Ensure the AP is aware of the fair market value of the asset prior to donation.
165. Donation Under this RP. Donation under this project may be an option to negotiated sale and will observe the below stipulations:
(i) DOTr to ascertain that the private donor-household’s remaining assets can insure for its living standards, and that the private donor-household does not become worse off compared to pre-project levels; (ii) DOTr will regularly inform ADB of potential areas for land donations; (iii) Impacts do not result in displacement of households; (iv) The households making voluntary donation are direct beneficiaries of the project; (v) Donated land is free from any dispute on ownership or any other encumbrances; (vi) Consultations with landowners who may consider to donate land are conducted in a free and transparent manner as documented by an independent third party; (vii) Land transactions are supported by transfer of titles; and (viii) Landowners making voluntary donations are aware of the fair market value of the land.
2. Expropriation
166. While expropriation is an option under the ROWSAM as upheld by the Republic Act, the project will aim to avoid cases of expropriation. Should expropriation be unavoidable, an initial compensation at an amount computed at 100% of lot price based on latest Bureau of Internal Revenue (BIR) zonal value for land, replacement cost for structures and improvements, and market value for crops and trees in the form of a check will be deposited to the court in favor of the owner upon filing of expropriation case by DOTr. 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).
167. DOTr can withdraw the case any time before the filing of the answer by the defendant (owners). If the answer has been filed there has to be a joint filing by DOTr and owner to withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures). In both
46 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 DOTr’s letter offer), free of taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops and trees. If no motion to dismiss as above described is filed, expropriation proceeding will continue. Once the court decision becomes final and executory acquisition mode (expropriation) cannot revert back to any other mode.
168. Where the AP agreed to the negotiated sale, but was unable to gain the necessary documents to show proof of ownership, DOTr may pursue a joint motion in the court for a compromised judgement reflecting the agreed amount – on a case-by-case basis and in good faith.
169. DOTr will provide assistance to APs whose lands will be subjected to Extra Judicial Settlement (EJS) prior to the issuance of the Notice of Taking (NoT). Early issuance of the NoT is highly recommended for APs to have enough time to complete/progress EJS process prior to issuance of the Letter Offer to Buy, which only gives them 30 days to accept offer, after which expropriation proceedings can commence. If APs are unable to complete the EJS before the expropriation proceedings are heard by a court, DOTr will pay the just compensation as determined by the court, and may likewise pay for any required taxes including CGT, except for any unpaid RPT.
170. In the event that APs are unable or unwilling to receive their entitlements due to contested ownership, APs being absent and unreachable or APs contest the compensation offered, and following reasonable efforts to identify owners, and adjudicate resolution of disputes as required under RA10752, DOTr will deposit the full amount of compensation and allowances due in to an escrow account until such time as the money can be released to the affected persons.
VII. COMPENSATION, ASSISTANCE, AND VALUATION
A. Affected Persons and Eligibilities
171. Affected Persons. Refers to entities (Government, private individual and corporate) and vendors, ambulant or semi-sedentary, who are displaced (physical or economic) as result of project impacts. Such impacts may be permanent or temporary.
172. Eligibility. The various types of APs particular to the project are qualified below:
(i) Landowners and Land Users (i) Legal owners (e.g., residential, commercial and institutional) who have full title, tax declaration, or who are covered by customary law (e.g. possessory rights, usufruct, etc.) or other acceptable proof of ownership over the affected land. (ii) Users or occupants that have no land title or tax declaration over the affected land. (iii) Renters of the affected land. (iv) APs with Structures (i) Owners of structures who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.) (ii) Owners of structures, including sedentary vendors, who have no land title or tax declaration or other acceptable proof of ownership (iii) Renters (iv) APs with Trees
47 (i) Owners of trees and perennials who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.) (ii) Owners of affected trees and perennials who have no land title or tax declaration or other acceptable proof of ownership. (iii) APs Affected by the Loss of Livelihood and Sources of Income - Owners of registered or unregistered shops, regardless of land tenure status, whose business operation will be disrupted temporarily or permanently due to the project.
173. Cut-off Date. A census and socioeconomic survey is conducted for the affected areas to prepare the RP. In this Project, the cut-off date of eligibility for project entitlements is as follows:
(i) For informal settlers and/or the vulnerable sector, the cut-off date is set on the beginning date of the census and tagging which is 17 May 2019, the start of the social surveys to determine losses. The cut-off date was publicly disclosed during the stakeholder consultation meeting on 16 May 2019; (ii) For the formal property owners, the date of the Notice of Taking shall be the cut- off date.
B. Entitlements
174. Compensation and assistance are designed 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. DOTR will offer to the property owner concerned, as compensation price, the sum of: (i) the current market value of land (ii) the replacement cost20 of structures and improvements and (iii) the current market value of crops and trees.
175. Article III, Sec. 9 of the Constitution states that: “Private property shall not be taken for public use without just compensation.” The ROWSAM thus expounds that “compensation should be fair to both the dispossessed interests and the national taxpayers funding the infrastructure required for the economic development of the nation. This means that citizens losing their land and assets should be reinstated to a circumstance equal to their previous state and with recognition of any significant transitional disruption. They have no right to have their circumstance enhanced but to reiterate citizens have a right to reinstatement to a circumstance no worse than before their loss.”
176. A range of entitlements is provided in Table 13. Per ROWSAM, the parcellary survey data will be used towards finalization of asset valuation and entitlements after validation by DOTr. However, the entitlement matrix below shall be upheld as it provides for every entitlement that must be satisfied under principles laid out in this RP and Philippine legislation to allow transfer of the required (and now identified and valued) land and assets into the ownership of the Republic.
20 Replacement Cost — refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices.
48 Table 13: Compensation and Entitlement Matrix 1. Loss of Land Entitlement for Severe/Full Entitlement for Marginal/Partial Entitled Person Impact Impact 1a APs who have full title being Cash compensation for loss of Cash compensation for portion of Original Certificate of Title (OCT) or land at full replacement cost land at full replacement cost Transfer Certificate of Title (TCT). computed at current market value, computed at current market value, 1b For untitled land, APs who can free of taxes, including capital free of taxes, including CGT, DST, present: (a) Tax Declaration gains tax (CGT), documentary transfer tax, and registration fees, showing his and his predecessors’ stamps tax (DST), transfer tax, except RPT arrears. open and continuous possession of and registration fees, except Real the property for at least 30 years, Property Tax (RPT) arrears. Easement Agreement: If the (b) a certification from the DENR portion of a lot required for a ROW that the land is alienable and is minimal, such that the expenses disposable, and (c) other documents for surveying or segregating that that may show proof of ownership portion from the main lot would be (RA 10752). more than the value of the part of the lot needed, the DOTr may, if the owner agrees, resort to the mode of easement of ROW (Title VII, Chapters 1 and 2 Civil Code of the Philippines). In this case, cash compensation for the value of the portion of the land subjected to easement agreement computed at latest BIR zonal value, with owner retaining ownership of said portion of land (Article 630, Chapter 1, R.A. 386/ Civil Code of the Philippines). 1c APs whose properties are Same as above, but check DOTr to request Mortgagor to mortgaged payment will be split into as segregate the portion of the follows: property to be acquired for ROW (i) For mortgagee APs – Full from the rest of the property. replacement cost as defined (i) Full replacement cost for above, less remaining portion of the mortgaged amortization; property to be acquired, less (ii) For Mortgagor – Remaining remaining amortization; amortization amount, (ii) Pay Mortgagee the remaining computed based on original amortization amount needed to amount of principal, less release portion of mortgaged interests for remaining property amortization period Implementation Considerations: There is one (1) AP corporate full ownership status to be determined at DED after parcellary survey; DOTr 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 DOTr but before displacement/clearing can begin. DOTr to notify property owners early to enable time to gather necessary paperwork as proof of ownership. 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. APs can request DOTr 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. APs who need to settle RPT arrears of significant amounts will be included in the Livelihood Restoration and Improvement Program to enable them to rebound from settling arrears and cover the basic needs of the household.
2. Loss of income/Livelihood Entitled Person Entitlement 2a 76 Vendors: ambulant and sedentary.21 In consultation with affected vendors, assistance for loss of income/livelihood will be extended through the identification of, and transportation to, an alternative site to continue economic activity,
21 Pertains to itinerant vendors who move from place to place to sell goods/services.
49 2. Loss of income/Livelihood Entitled Person Entitlement 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.
Affected vendors shall also qualify for either of the following: for loss of business income, transitional support and livelihood restoration assistance.22
3. Loss of Government/Public Land and Structure Entitled Person Entitlement 3a 10 parcels of land and 118 community Compensation between agencies based on mutual agreement. infrastructure under Government Agency/ Local Government Unit (LGU) on public land.
4. Loss of Non-Land Assets and Improvements Entitled Person Entitlement 4a Owners of fruit and timber trees Cash compensation at replacement cost for affected fruit and timber (regardless of ownership status of trees. affected land). 4b Owners of other affected non-land assets Compensation at replacement cost for affected non-land assets and and improvements (not mentioned in 4a). improvements (not mentioned in 4a). Implementation Considerations: While there are 11 affected trees on public land, no ownership established at FS stage. Should ownership be established at DED, 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. Coordination with land owners to advise them regarding the schedule of clearing.
5. Additional Hardship Due to Vulnerability Entitled Person Entitlement 5a 10 APs who are classified as any of the Inconvenience allowance in the amount equivalent to Php 10,000 following vulnerable groups: poor (based per household. on the poverty income threshold), elderly and women headed households, and Rehabilitation assistance in the form of skills training and other persons with disabilities. development activities with the value of up to Php 15,000 will be provided in coordination with other government agencies. Support and/or maintain access to government welfare programs. Inclusion in the Livelihood Improvement Program.
6. Temporary Impacts due to Construction Entitled Person Entitlement 6a APs who have legal rights to the land. Restoration of land within 3 months of completion of use. 6b APs without legal rights to affected land Compensation for affected non-land assets at full replacement cost. but owners of affected non-land assets. Cash payment for rent of the affected land at prevailing rental rates in the location of the property until the property is restored. 6c Severance impacts/ barrier effect The project will provide for crossings and continued access. during construction disrupting lateral movement (access). Implementation Considerations: There are 72 affected establishments of which one has legal rights to land. Contractors, per EMP, will be responsible for the arrangement and payment of land rent, restoration of land and compensation for non-land assets. Contractors will also be responsible for restoration of land and compensation for non-land assets.
7. Unanticipated Involuntary Resettlement Impacts Entitled Person Entitlement 7a Eligible affected persons. Entitlements will be prepared in accordance with the ADB Safeguard Policy Statement and applicable national laws and
22 See Footnote 15.
50 7. Unanticipated Involuntary Resettlement Impacts Entitled Person Entitlement regulations (including requirements for preparation of corrective action plan and other related documents for ADB to review and approve). Implementation Considerations: Entitlements to be prepared in such circumstances are subject to approval of the DOTr and concurrence by ADB.
C. Valuation and Replacement Costs
177. The DOTR will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by: (i) the Bangko Sentral ng Pilipinas (BSP) or (ii) a professional association of appraisers recognized by BSP to provide valuations of the land, assets, structures and improvements, crops and trees as appropriate noting the provisions of Secs. 6 and 12 of the IRR. A sample terms of reference for appraisal service as taken from the ROWSAM is provided in Appendix 6.
1. Compensation for Land
178. The compensation offer for land will be at current market value at the time of taking. The cost for land23 compensation is computed through:
(Land area X Price / m2 based on BIR zonal value) X (NEDA inflation rate + contingencies)
179. Based on the inventory, 120 m² of land belonging to one (1) private corporate entity will be subject to valuation and eventual compensation as all other lands (1,425 m²) are public/government and therefore compensation between agencies shall be based on mutual agreement. Sans baselines and services of an independent appraiser, valuation is based on BIR zonal values24 as averaged between residential (PhP 75,000/m²) and commercial (PhP 100,000/m²) land values resulting to PhP 87,500/m². The total value therefore of 120 m² is PhP 10,500,000 for a parcel of land belonging to a private corporation.
180. Based on ICC-CabCom Meeting on October 28, 2011, a directive was issued that the contingency cost should not exceed 10 percent. The NEDA Inflation is taken from the 2018 Average NCR Inflation, which is 5.5%. Factoring in NEDA inflation rate and contingency cost, total land value of 120 m² is PhP 12,127,500.
181. Transaction costs for land acquisition shall be shouldered by DOTr as follows:
(i) Capital Gains Tax25 (6%) (ii) Documentary Stamp Tax26 (1.5%) (iii) Transfer Tax27 (75% of 1%) (iv) Registration Fee28 (.25%)
23 Residential, Commercial, Industrial, and Agricultural. 24 https://www.bir.gov.ph/index.php/zonal-values.html#rr6 RDO No. 51 Zone 3. 25 Capital Gains Tax: equivalent to 6 percent of the selling price on the Deed of Sale or the zonal value, whichever is higher. 26 Commonly set at 1.5 percent of the selling price, or its zonal value or fair market value, depending on which is higher. 27 Transfer Tax (Local Treasurer’s Office): this is tax is imposed on the sale, barter, or any other mode of transferring of ownership or title of real property, at the maximum rate of 50 percent of 1 percent (75 percent of 1 percent in the case of cities and municipalities within Metro Manila) of a property’s worth. 28 Commonly set at 0.25 percent of the selling price, or zonal value or fair market value, depending on which is higher.
51
182. Final cost therefore is PhP 13,158,337.50. The owner will pay any unpaid real property tax.
2. Compensation for Structures and Improvements
183. There are 118 public structures. Per entitlement, compensation shall be between agencies based on mutual agreement inasmuch as the structures belong to Government Agencies/LGUs on public land.
3. Compensation for Trees
184. While there are 11 trees along the sidewalks of Taft Station, these could not be confirmed as to ownership. Treatment for damaged trees shall be addressed through the Environmental Management Plan of the project.
4. Relocation of Public Utilities
185. The process of removal of utilities from the site is important to protect public safety and to eliminate any risk and responsibility from DOTR as manager of the site. Identification of all utility infrastructure is done at the DED Phase and is appropriately addressed by negotiation.29
186. Independent of this RP, DOTr is in separate consultations with public utility companies to address relocation of electric and telecommunication lines in the right of way of national government infrastructure projects. The parties, through a Memorandum of Agreement (MOA), agree to shoulder adjustment costs based on actual relocation costs.30
187. In particular, Meralco and DOTr signed a MOA in May 2019 for the relocation of electric posts31, which are located along the right of way of projects such as the LRT-1 Cavite Extension, Common Station, MRT-7, North-South Commuter Railway System and PNR South Long Haul. The MOA with DOTr will provide the project alignment to enable the power distribution firm to file a petition before the Energy Regulatory Commission to seek for the approval of its capital outlay on the clearing and relocation of its power facilities that could be traversed by the railway projects.
5. Temporary Impacts to Property
188. Property owners who will incur temporary impacts during construction (for use as access road, for soil dumping, borrow sites and contractor’s camps, etc.) and who have legal rights to the land shall be entitled to the following from the construction Contractor per EMP: (i) Lease amount equivalent to prevailing rental rates in the location of the property, (ii) Compensation for affected non-land assets based on replacement cost, and (iii) Restoration of land to pre-construction state.
6. Other Types of Assistance or Entitlements
189. The 76 vendors, after due consultation, shall be provided with assistance in identification of, and transportation to, an alternative site to continue economic activity, e.g.
29 DOTr. Right of Way and Site Acquisition Manual Volumes 1 and 2. 2018. 30 Meralco, DoTr allot P14.155 billion to relocate 10,342 electric posts. August 6, 2018. https://businessmirror.com.ph/2018/08/06/meralco-dotr-allot-p14-155-billion-to-relocate-10342-electric-posts/ 31 Pateña, AJ. Meralco to relocate power facilities along railway projects. Philippine News Agency. May 14, 2019. https://www.pna.gov.ph/articles/1069791
52 assistance in a) shifting to areas within the same LGU where there is no construction and/or b) identify alternative sites to sell. They will also qualify for either one of the following: loss of business income, transitional support and livelihood restoration assistance.
190. Transportation assistance shall be extended by the City Government as can be arranged by virtue of DILG Memorandum Circular No. 2019-121 whereby through obstruction clearing activities by LGUs, they are encouraged to develop and implement strategies that will address the displacement issues caused by the implementation of these directives. Further, based on interviews with Barangay local governments during the SES, the City government provides free transportation during clearing operations.
191. DOTr shall coordinate with local governments and link the 76 affected vendors with national agencies concerned about livelihood support (e.g., DTI, TESDA, DOLE, DSWD, etc.) skills training and development assistance. Specifically, assistance shall be provided to link the 76 affected vendors with any one of existing government programs, such as, but not limited to:
(i) DOLE Integrated Livelihood Program (DILP) or Kabuhayan Program provides a) working capital solely for the purchase of raw materials, equipment, tools and jigs, and other support services necessary in setting up the business, b) Training on how to plan, set-up, start and operate their livelihood undertaking i.e. trainings on production skills, entrepreneurship, business management, productivity and business planning, c) Social security through enrolment in Group Personal Accident Insurance (GPAI) of GSIS, to be included in the total project cost or as counterpart of the ACP, and d) Continuing technical and business advisory services to ensure efficiency, productivity, and sustainability of the business/enterprise.
DILP or Kabuhayan Program is the DOLE's contribution to the governments’ agenda of inclusive growth through massive job generation and substantial poverty reduction. It seeks to reduce the vulnerability to risks of the poor, vulnerable and marginalized workers by providing them access to a grant assistance for capacity-building on livelihood ventures either for individual or group undertakings. It has three components: a) Kabuhayan Formation - Enabling the poor, vulnerable and marginalized workers in the informal and formal economies to start individual or group livelihood undertakings; b) Kabuhayan Enhancement - Enabling existing livelihood undertakings to grow into viable and sustainable businesses that provide income at least at par with those of the minimum wage earners; and c) Kabuhayan Restoration - Enabling the re-establishment of lost or damaged livelihoods due to occurrence of natural disasters/calamities and/or armed conflicts. Projects may be in groups or individual.
(ii) Nego-Kart. Specific to individuals, the beneficiaries can avail of the Starter Kit or Negosyo sa Kariton (Nego-Kart), up to a maximum financial assistance of P20,000.00, depending on the project requirement. DOTr may link AHs to the Nego-Kart (Negosyo sa Kariton) for ambulant vendors. The project will assist the ambulant vendors in making their existing livelihood undertakings grow into profitable and sustainable business; thus, making their income level at par with that of the minimum wage earners, at the least. A one-time grant of P15,000 is provided for the acquisition of a vending cart and accessory livelihood tools; and provision of working capital for procurement or production of marketable goods or services (raw materials and other inputs), among others. The beneficiaries will
53 be required to enroll in Social Protection Service like SSS, Philhealth and other alternative social protection schemes as soon as the business cycles allow it.
(iii) Pondo Para sa Pagbabago at Pag-Asenso (P3) of the Department of Trade and Industry (DTI) specifically through the ECLOF Philippines and Metropolitan Development Corporation as accredited partners that accommodates ambulant vendors who cannot be covered by SB Corporation P3 direct loan scheme ranging from P5,000 to 100,000, loanable amount based on AP capacity. It provides affordable micro-financing for the country’s micro, small and medium enterprises (MSMEs). The P3 is designed to bring down the interest rate at which micro-finance is made available to micro enterprises.
(iv) Employees’ Compensation Program (ECP). Towards social protection, self- employed members of the Social Security System (SSS) are now covered by the benefits and services of the ECP. A self-employed member of the SSS will receive loss of income benefits, medical benefits, carer’s allowance, and rehabilitation services, in the event of work-related sickness or injuries. Rehabilitation services under the EC program involve the provision of remedial treatment, entrepreneurial or vocational assessment and training. These services are designed to meet the individual needs of each person with a work- related disability (PWRD) to restore him to suitable employment and develop his mental, vocational, or social potential. If the worker died because of work-related sickness or injury, the beneficiaries will receive death pension and funeral benefits.
Workers in the informal sector such as market and ambulant vendors, transport workers, and those similarly situated are entitled to avail of the benefits of the EC program. A self-employed worker is one engaged in any trade or business or occupation, who has no employer other than oneself, and derives an income of at least P2,000 a month from his or her physical and mental efforts, and who is not over 60 years of age, during the time of initial coverage. To be covered under the EC program, self-employed workers shall register for SSS membership at the nearest SSS branch. Their coverage under the program will start as soon as they pay their first EC contribution. The amount of contribution that they will pay will depend on the corresponding monthly salary credit of the amount of earnings that they will declare at the time of registration. Self-employed members will pay P10 per month if they have a monthly salary credit (MSC) of P14,500 or below, and P30 per month if they have a MSC of P15,000 and above.
D. Special Assistance for Vulnerable APs
192. The project shall also extend assistance and other entitlements to APs who will experience additional hardship due to vulnerability. The 10 vulnerable APs classified as elderly, poor and women headed households are eligible for the following:
(i) Rehabilitation assistance shall be in the form of skills training and other development activities with the value of up to Php 15,000 will be provided in coordination with other government agencies. (ii) Inconvenience allowance. Inconvenience allowance in the amount equivalent to Php 10,000 per household. (iii) Support and/or maintain access to government welfare programs.
193. Income sources and livelihoods affected by project activities will be restored to pre- project levels and DOTr shall ensure to assist AHs that are vulnerable so that they can benefit
54 from the project. Eligible for income restoration are the 10 vulnerable vendors. The rehabilitation assistance may accrue to any one of those listed above for all 76 APs and may also consider government programs specifically addressing loss types and needs of vulnerable households. The project may link with other government agencies for any one of the following:
(i) Pantawid Pamilyang Pilipino Program (4Ps) of the Department of Social Welfare and Development (DSWD). The project shall link qualified APs (below poverty threshold, female household head, and disabled) who are not yet member of 4Ps. The 4Ps program aims to provide a) Social Assistance – to provide cash assistance to the poor to alleviate their immediate need (short term poverty alleviation), and b) Social Development – to break the intergenerational poverty cycle through investments in human capital. 4Ps objectives are a) To improve the health of young children and mothers by promoting preventive health care; b) To increase the enrollment and attendance rate of children in Day Care, Kindergarten, elementary, and secondary schools; c) To contribute to the reduction of incidence of child labor; d) To raise the average consumption rate in food expenditure of poor households; e) To encourage parents to invest in their children’s health, nutrition and education, and f) To enhance the performance of parenting roles of beneficiaries and their participation in community development activities.
The following conditionalities shall be observed in accessing the program: a) Pregnant women must avail pre- and post-natal care and be attended during childbirth by a trained health professional, b) Parents must attend Family Development Sessions (FDS), c) 0-5 year old children must receive regular preventive health check-ups and vaccines, d) 6-14 years old children must receive deworming pills twice a year, and e) All child beneficiaries (0-18 years old) must enroll in school and maintain a class attendance of at least 85% per month.
Subject to compliance with the conditionalities, a household is entitled to receive the following grants: a) Health Grant - Every household beneficiary receives Php 500.00 per month as health grant and attendance to the monthly Family Development Sessions (FDS) is also tied with the conditionality for health; b) Education Grant - Every monitored child in elementary receives Php 300.00 as education grant; Every monitored child in high school receives Php 500.00 per month (for 10 months) as education grant. A maximum of 3 children per household is covered by the program; c) Rice Subsidy - The total rice subsidy amount for each family is P600.00 a month or P7,200.00 per year, given to registered, active, and compliant Pantawid Pamilya household beneficiaries; and d) UCT subsidy - The national government’s Unconditional Cash Transfer (UCT) program is the tax subsidy provided under the TRAIN law to help the poor cushion the adverse economic effect of the policy. The top-up cash subsidies amount to P200 a month for 2018 and P300 a month for 2019 and 2020.
(ii) Social Pension Program for Indigent Senior Citizens (SPISC) is the additional government assistance in the amount of P500 monthly stipend, to augment the daily subsistence and other medical needs of indigent senior citizens. This program is part of the Expanded Senior Citizens Act of 2010 or RA 9994. There is also a widow’s scheme whereby widows living below the poverty line receives a pension of Rs. 300 every month until their death. DOTr shall facilitate the eligible and vulnerable APs’ inclusion in the program and
55 explore inclusion to the Trabahong Lansangan (Translation: “Street employment”), capacity building, capital resource provision and market linkage).
194. Gender Strategy. Resettlement and livelihood changes stand to impact both men and women, though households led by single-women may face additional challenges where they are reliant on the availability of existent social networks and extended family for the care of their children. This RP adopts ADB's policy on gender and development and the Philippine Magna Carta for Women (RA 9710) that adopt 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. Gender mainstreaming shall also be carried out following guidance provided for in the NEDA Harmonized Gender and Development Guidelines for Project Development, Implementation, Monitoring and Evaluation of 2010 that sets of guidelines serves as a common instrument among the NEDA, proponent/ implementing agencies and donor organizations for ensuring the gender responsiveness of programs and projects in their various stages.
195. The following shall be observed to ensure women’s meaningful participation:
(i) Both women and men will participate during consultations, conduct of surveys, and when necessary, discussions on relocation options, (ii) Gender issues will be included in the training to be provided during social safeguards planning document implementation. (iii) Both husband and wife will be invited to receive compensation and other allowances/assistance due to the household for affected assets. (iv) Women will be given equal chance in getting hired for jobs related to the project and to receive equal remuneration for the same work as the men. (v) Special measures will be taken in helping elderly, disabled and women-headed households relocate or reconstruct their affected shops and houses. (vi) Women will be prioritized in livelihood restoration programs. (vii) Apart from equal entitlement for women, develop ways to protect women’s finances upon receipt of cash compensation by replicating good practices like financial counselling or financial literacy workshops. (viii) Disaggregated monitoring indicators by gender will be developed for monitoring social benefits, economic opportunities, livelihood, and resettlement activities.
VIII. RP BUDGET
196. The resettlement budget is PhP 16,558,088 (USD 323,028). Table 14 shows the details of the indicative budget to implement this RP. Table 14: RP Budget Budget Items Unit Total Unit Price Amount (PhP) Amount (USD) 1. Land Affected private 1.1 m² 120 101,063 12,127,500 236,593 corporation/institution Affected government 1.2 m² 75 0 0 corporation/LGU Affected 1.3 m² 1,350 0 0 government/public land Sub-total 12,127,500 236,593 2. Livelihood Support* Skills Training and Development Activities 2.1 AP 76 15,000 1,140,000 22,240 (Rehabilitation Assistance)
56 Budget Items Unit Total Unit Price Amount (PhP) Amount (USD) Sub-total 1,140,000 22,240 3. Other Entitlements Inconvenience allowance 3.1 for Vulnerable AP 10 10,000 100,000 1,951 Households Sub-total 100,000 1,951 4. Other Assistance 4.1 Capital Gains Tax (6%) 727,650 14,196 4.2 Documentary Stamp Tax (1.5%) 181,913 3,549 4.3 Transfer Tax (75% of 1% of the Selling Price) 90,956 1,774 4.4 Registration Fee (.25% of the Selling Price) 30,319 591 Sub-total 1,030,838 20,110 RP Administrative Costs (5% of Direct Costs: 1-4) 719,917 14,045 Contingencies (10% of Direct Costs: 1-4) 1,439,834 28,089 TOTAL 16,558,088 323,028 * In coordination with other government agencies
197. Source of funds. The budget for this RP will be funded by the Government of the Philippines.
IX. INSTITUTIONAL ARRANGEMENTS
A. Implementation Arrangements
(ix) DOTr
198. The Executing Agency is the DOTr. Within DOTr, the ROWSA (Right-of-Way and Site Acquisition) works will be under the Office of the Undersecretary for Road Transport and Infrastructure specifically the Greenways Project Management Office (Greenways PMO) that includes compliance with policies outlined in this RP towards full implementation. Aside from a Project Manager and Deputy Project Manager, a Resettlement Specialist will be a part of the Greenways PMO. 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.
199. The Greenways PMO 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 RP (and/or other safeguard planning documents) including the ROW clearing and land acquisition processes, (iv) supervise the construction of all civil works, (v) secure necessary approvals and permits from concerned government agencies, LGUs and other stakeholders.
200. DOTr Environment, Social and ROW Division (ESR Division). The ESR Division will function under the Greenways PMO with one of its function is the implementation of this RP along with other implementation partners specifically to (i) supervise the implementation of livelihood restoration/improvement among APs specifically the vulnerable sector; (ii) monitor RP implementation viz civil works; (iii) manage the Grievance Redress Mechanism; and (iv) conduct internal monitoring. The ESR Division shall be comprised of a Community Development Officer, Environmental Engineering Specialist, Information Officer, and Project
57 Evaluation Officer that will be responsible in ensuring that the safeguards are implemented in the project.
201. The DOTr Technical Committee shall be convened for the Acquisition of Sites/Rights-of-way for the Department’s Infrastructure Projects. Per Department Order No. 2013-05, the technical committee for the Acquisition of Sites/Rights-Of-Way for the department’s Infrastructure Projects will provide overall supervision and coordination in the planning, implementation, monitoring and evaluation of land/site acquisition activities. It will also evaluate and examine all documents pertaining to the properties to be acquired, and approve the compensation value as determined by the IPA/GFI. The technical committee shall include the Resettlement Specialist, Engineers/Architects, and Lawyers.
1. Interagency Coordination
202. As the implementing agency, DOTr will coordinate with other entities in operationalizing this RP. Coordination with private companies will be conducted by DOTr through the Greenways PMO.
203. Local Government Unit. The LGUs shall cooperate with the Greenways PMO to implement and monitor this RP. The LGUs will assist in consultations with APs, 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 APs and review and assess documentary requirements submitted.
204. Other relevant government agencies may be tapped to provide livelihood rehabilitation 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) and other agencies with related programs and experience.
B. Capacity Building
205. In order to realize the implementation of this RP, the ESR Division will require capacity development on the provisions of this RP, as well as the overall ADB SPS (2009). Specific topics recommended for the training are:
(i) Strengthen knowledge and awareness of DOTr key units on the provisions in this RP including ADB SPS (2009) on involuntary resettlement; (ii) Conduct of meaningful consultations; (iii) Orientation and finalization of detailed plans for livelihood restoration, compensation disbursement and its required document, and grievances handling and redressing; and (iv) Monitoring of RP implementation and reporting.
206. DOTr as the executing agency shall retain adequate staff for handling social safeguards with relevant qualifications and experience to be able to adequately design and deliver the social safeguards planning documents.
C. RP Implementation Schedule
207. Civil works for the project is planned or anticipated to start by the 2nd quarter of 2020. Once the loan is approved by ADB, an updated RP will be prepared based on the results of the Parcellary Survey, Independent Appraiser’s assessment, and validation conducted by DOTr (Table 15). Road clearing may commence when RP activities have satisfactorily been completed, agreed rehabilitation assistance is in place, and that the site is free of all encumbrances.
58 Table 15: RP Resettlement Schedule Activities Schedule Preparation of Draft RPs 4th Qtr 2019 DOTr concurrence of draft RP; ADB approval of draft RP 4th Qtr 2019 RP updating / DED 2nd Qtr 2020 Submission to and ADB concurrence of updated RP 2nd Qtr 2020 Payment of compensation 2nd Qtr 2020 Implementation of income restoration program 2nd Qtr 2020 to project Internal monitoring (submission of quarterly monitoring reports) completion 3rd Qtr 2020 to project Commencement of civil works completion
X. MONITORING AND EVALUATION
A. Monitoring Arrangements: Internal Monitoring
208. The EDSA Greenway Project is deemed Category B for involuntary resettlement. The DOTr Greenways PMO will serve as the Project's internal monitoring body on resettlement. Quarterly monitoring reports will be prepared by the Greenways PMO and submitted to DOTr management starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. The DOTr management in turn will submit the quarterly monitoring reports to ADB for review and uploading onto the ADB website.
209. Internal monitoring objectives are:
(i) Compensation and/or other entitlements are provided as per approved RP, with no discrimination per gender, vulnerability, or any other factors; (ii) Livelihood restoration measures/programs are designed and implemented including modifications in the programs and provision of additional cash and in- kind assistance to the participating affected households as and when necessary; (iii) Public information, public consultation and grievance redress procedures are followed as described in the agreed RP; (iv) Capacity of APs to restore/re-establish livelihoods and living standards in the new relocation sites. Special attention given to severely affected and vulnerable households. Focus will also be given to assess and if the objective of improving socio-economic condition of vulnerable households is achieved. (v) Affected public facilities and infrastructure are restored promptly; and (vi) The transition between resettlement and commencement of civil works is smooth and that sites are not handed over for civil works until affected households are satisfactorily compensated, assisted and relocated.
210. The tasks of the Greenways PMO are to:
(i) Regularly supervise and monitor the implementation of the RP. The findings will be documented in the quarterly report to be submitted to the DOTr management, which in turn will submit the report to the Bank. (ii) Verify if the re-inventory baseline information of all APs has been carried out and the valuation of assets lost or damaged, the provision of compensation and other entitlements, and relocation, if any, has been carried out in accordance with this RP. (iii) Verify that funds for implementing the RP are provided by the DOTr management
59 in a timely manner and in amounts sufficient for the purpose. (iv) Record all grievances and their resolution and ensure that complaints are dealt with promptly.
211. The suggested internal monitoring indicators, to be disaggregated by gender and vulnerability are presented in Table 16.
Table 16: Suggested Internal Monitoring Indicators Monitoring parameters Suggested indicators Consultation and • Consultations organized as scheduled including meetings, groups, Grievances and community activities. • Knowledge of entitlements by the APs. • Use of the grievance redress mechanism by the APs. • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Implementation of special measures for the vulnerable. Communications and • Number of general meetings for APs. Participation • Percentage of women out of total participants. • Number of meetings exclusively with vulnerable groups. • Level of participation in meetings APs. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages. Delivery of • Entitlements disbursed, compared with number and category of Entitlements losses set out in the entitlement matrix. • Disbursements against timelines. • Identification of APs losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, have been included. • Timely disbursements of the agreed transport costs, income substitution support, and 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 RP. • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the RP. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation. Livelihood • Number of APs under the rehabilitation programs. Restoration • Types of training and number of participants in each program. • Number of APs who have restored their income and livelihood patterns. • Number of new employment activities. • Extent of participation in rehabilitation programs.
60 Monitoring parameters Suggested indicators • Degree of satisfaction with support received for livelihood programs. • Percentage of APs who improved their income. • Percentage of APs 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.
B. Reporting and Disclosure
212. For internal monitoring, DOTr will generate the data for a full and consolidated quarterly monitoring report (SMR) to be submitted to ADB (See Appendix 7 for the guidance of report preparation). Quarterly monitoring reports are subject to review by ADB and posted on the ADB and project websites for disclosure purposes.
213. DOTr shall disclose results of monitoring pertinent to the sites specifically to the affected communities/persons in summary form, to wit: status of the RP, information on benefits sharing, and corrective action plans, if necessary. Community disclosures will be in the language commonly understood by the APs and posted at a location commonly agreed with APs and local government leaders.
61 APPENDICES
Appendix 1. List of APs By Loss Type (DELETED)
62 Appendix 2. Socioeconomic Data for Pasay City
Population by Age Group and Sex 2015 Population (2015) Age group Age group Both Sexes Male Female percentage 0-14 103,862 53,348 50,514 24.94% 15 to 19 39,815 19,917 19,898 9.56% 20 to 24 48,729 23,959 24,770 11.70% 25 to 29 47,597 23,821 23,776 11.43% 30 to 34 37,556 19,299 18,257 9.02% 35 to 39 31,528 13,232 15,617 7.57% 40 to 44 26,059 13,232 12,827 6.26% 45 to 49 22,595 11,212 11,383 5.42% 50 to 54 18,718 8,837 9,881 4.49% 55 to 59 14,134 6,564 7,570 3.39% 60 to 64 10,572 4,851 5,721 2.54% 65 years and over 15,357 6,031 9,326 3.69% All Ages 416,522 206,982 209,540 100.00% (i) Youth Dependency Ratio: 34.93 (ii) Old Age Dependency Ratio: 5.17 (iii) Total Dependency Ratio: 40.10 Median Age: 26.55 Data source: Philippine Statistics Authority (PSA)
Household Population 10 Years Old and Over by Sex and Marital Status 2015 Pasay Marital Status Both Sexes Male Female Single 167,978 86,772 81,206 Married 113,136 56,855 56,281 Widowed 13,070 2,563 10,507 Divorced/ Separated 8,512 2,740 5,772 Common-Law/Live-in 42,609 21,249 21,360 Unknown 573 271 302
Literacy Rate of Population 10 Years Old and Over, by Sex 2015 National/City Unit Both Sexes Male Female Number 77,576,473 38,889,317 38,687,156 Philippines Rate 98.30% 98.23% 98.37% Number 10,406,058.00 5,071,692.00 5,334,366.00 NCR Rate 99.82% 99.81% 99.83% Number 341,537 167,632 173,905 Pasay Rate 99.90% 99.88% 99.92%
Total Population 5 Years Old and Over by Highest Grade/Year Completed, 2015 Pasay Highest Grade/Year Completed Both Sexes Male Female No Grade Completed 7,078 3,748 3,330 Pre-School 6,023 3,122 2,901 Special Education 369 235 134 Elementary 63,112 31,758 31,354 High School 147,119 73,945 73,174 Post-Secondary 8,354 3,649 4,705 College Undergraduate 73,165 36,848 36,317 Academic Degree Holder 73,628 34,219 39,409 Post Baccalaureate 457 217 240 Not Stated 1,179 555 624
63 Number and Percent Distribution of Total and Infant Deaths by Sex, 2016 Number Percent Location Both Sexes Male Female Both Sexes Male Female Sex Ratio Total deaths Philippines 592,183 334,678 247,505 100.0 57.5 42.5 135.2 NCR 76,839 44,455 32,384 13.2 7.6 5.6 137.3 Infant deaths Philippines 21,874 12,566 9,308 100.0 57.4 42.5 Philippines NCR 3,687 2,126 1,561 16.9 9.7 7.1 NCR Source: https://psa.gov.ph/sites/default/files/attachments/crd/specialrelease/2016%20Death%20Statistical%20Tables.pdf.
Annual Regular Revenue of Pasay for the Fiscal Year of 2016 Fiscal Year Annual Regular Income Change 2009 1,945,675,737.99 – 2010 2,129,533,713.80 9.45% 2011 2,600,394,529.98 22.11% 2012 2,663,629,193.46 2.43% 2013 3,027,245,987.00 13.65% 2014 3,116,314,332.92 2.94% 2015 3,466,375,560.76 11.23% 2016 3,535,557,082.79 2.00% End notes: (i) Annual Regular Income = Locally Sourced Revenue + Internal Revenue Allotment (IRA) Current Year + Other Shares from National Tax Collection Locally Sourced Revenue = Real Property Tax (General Fund) + Tax on Business + Other Taxes + Regulatory Fees + Service/User Charges + Receipts from Economic Enterprises
First Semester Income Gap, Poverty Gap and Severity of Poverty, 2018 1st Semester Income 1st Semester Poverty 1st Semester Severity of National/City Gap Gap Poverty Philippines 26.9 4.3 1.8 NCR 27.0 1.3 0.6 Pasay 31.0 1.9 0.9
Gainful Workers 15 Years Old and Over by Sex, 2015 National/City Item Both Sexes Male Female Population 15 Years Old and Over 68,823,510 34,477,222 34,346,288 Philippines Gainful 15 Years Old and Over 40,045,980 26,295,990 13,749,990 Percent Share 58% 76% 40% Population 15 Years Old and Over 10,513,091 4,562,246 4,815,253 NCR Gainful 15 Years Old and Over 5,632,528 3,317,639 2,314,889 Percent Share 54% 73% 48% Population 15 Years Old and Over 312,660 153,634 159,026 Pasay Gainful 15 Years Old and Over 193,588 112,121 81,467 Percent Share 62% 73% 51%
Gainful Workers 15 Years Old and Over Major Occupation, 2015 Pasay Major Occupation Number % Managers 16,760 8.66% Professionals 15,247 7.88% Technicians and Associate Professionals 8,985 4.64% Clerical Support Workers 32,212 16.64% Service and Sales Workers 58,972 30.46% Skilled Agricultural Forestry and Fishery Workers 391 0.20% Craft and Related Trades Workers 14,499 7.49% Plant and Machine Operators and Assemblers 16,086 8.31% Elementary Occupations 28,477 14.71%
64 Pasay Major Occupation Number % Armed Forces Occupations 1,366 0.71% Other Occupation Not Elsewhere Classified - 0.00% Not Reported 593 0.31%
Number of Households by Type of Building, Tenure Status of the Housing Unit/Lot, 2015 Type of Building Tenure Status of Housing Commercial/ Household Single Multi-unit Institutional Not Unit, Lot, & City Duplex industrial/ Others house residential living quarter Reported agricultural PASAY CITY 107,619 29,623 14,071 63,122 500 17 195 91 Own or owner like possession of house & 39,088 15,198 6,251 17,519 87 2 7 24 lot Rent house/room 56,084 10,581 5,994 39,272 219 7 1 10 including lot Own house rent lot 1,393 442 309 637 - 2 1 2 Own house rent-free lot 4,599 1,618 617 2,334 10 2 1 17 with consent of owner Own house rent-free lot 603 266 110 185 2 - 29 11 without consent of owner Rent-free house and lot 5,363 1,379 714 3,063 182 4 6 15 with consent of owner Rent-free house & lot 459 135 73 101 - - 138 12 without consent of owner
Number of Households by Main Source of Water Supply for Drinking, 2015 Water Source Pasay Own use faucet community water system 42,903 Shared faucet community water system 13,983 Bottled water 50,698 Others 35
Number of Households by Kind of Fuel for Lighting, 2015 Pasay Fuel for Lighting Number % Electricity 107,240 99.66% Kerosene (Gaas) 210 0.20% Liquified Petroleum Gas (LPG) 32 0.03% Oil (vegetable animal and others) - 0.00% Solar panel 4 0.00% Solar lamp 3 0.00% Others 41 0.04% None 71 0.07%
Power Customers Served in NCR Customer Captive Customer Connection Sales (MWh) Classification Number % Number % Residential 5,295,458 91.6% 11,116,664 38.2% Commercial 472,322 8.2% 12,535,211 43.1% Industrial 9,570 0.2% 5,253,633 18.1% Others 4,495 0.1% 188,221 0.6% Total 5,781,845 100.0% 29,093,729 100.0% Source: https://www.doe.gov.ph/sites/default/files/pdf/electric_power/ddp_2016-2025.pdf.
65 Appendix 3. Tabular Results of the May 2019 Socioeconomic Survey of AHs
Sex Disaggregated Data of AH Heads Taft Station, Pasay City Total Gender Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Male 3 6 0 10 19 66% Female 2 4 1 3 10 34% Total 5 10 1 13 29
Age of AH Heads Taft Station, Pasay City Total Age Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 15 - 19 0 0 0 0 0 0% 20 - 24 0 0 0 3 3 10% 25 - 29 1 2 0 3 6 21% 30 - 34 2 2 0 0 4 14% 35 - 39 0 4 0 2 6 21% 40 - 44 0 2 0 0 2 7% 45 - 49 0 0 0 1 1 3% 50 - 54 1 0 0 0 1 3% 55 - 59 0 0 0 2 2 7% 60 - 64 1 0 0 0 1 3% 65 - 69 0 0 1 0 1 3% 70 - 74 0 0 0 0 0 0% 75 - 79 0 0 0 0 0 0% 80+ 0 0 0 0 0 0% No Response 0 0 0 2 2 7% Total 5 10 1 13 29
Civil Status of AH Heads Taft Station, Pasay City Total Civil Status Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Single 0 3 0 1 4 14% With Common-Law Partner/ Cohabitating 0 2 0 2 4 14% Married 4 5 0 9 18 62% Separated 0 0 0 0 0 0% Widow/er 1 0 1 1 3 10% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Educational Attainment of AH Heads Taft Station, Pasay City Total Educational Attainment Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Pre-school 0 0 0 0 0 0% Elementary Undergraduate 0 1 0 4 5 17% Elementary Graduate 0 0 1 3 4 14% High School Undergraduate 2 2 0 0 4 14% High School Graduate 2 3 0 4 9 31%
66 Taft Station, Pasay City Total Educational Attainment Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Junior High (Grade 7-10) 0 0 0 0 0 0% Junior High (Moving up) 0 0 0 0 0 0% Senior High (Grade 11-12) 0 0 0 0 0 0% Senior High Sch. Graduate 0 0 0 0 0 0% Vocational/Technical 0 1 0 0 1 3% College Undergraduate 1 3 0 2 6 21% College Graduate 0 0 0 0 0 0% Post Graduate 0 0 0 0 0 0% No Education 0 0 0 0 0 0% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Religion of AH Heads Taft Station, Pasay City Total Religion Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Roman Catholic 2 3 0 4 9 31% Born-Again 0 0 0 0 0 0% Iglesia ni Cristo 0 0 0 0 0 0% Protestant/Evangelical 0 0 0 0 0 0% Islam 3 6 1 8 18 62% Buddhism 0 0 0 0 0 0% Others 0 1 0 1 2 7% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Place of Origin of AH Heads Taft Station, Pasay City Total Place of Origin Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Within LGU 0 1 0 4 5 17% Outside LGU, but within the Metro Manila/ 2 0 0 2 4 14% Province Outside the Metro Manila/Province 0 0 0 1 1 3% Luzon 1 1 0 1 3 10% Visayas 0 3 0 0 3 10% Mindanao 2 4 1 5 12 41% Others 0 0 0 0 0 0% No Response 0 1 0 0 1 3% Total 5 10 1 13 29
Length of Residence of AH Heads Taft Station, Pasay City Total Length of Residence Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Less than 1 year 0 0 0 0 0 0% 1 - 5 years 2 3 0 5 10 34% 6 - 10 years 2 4 0 4 10 34%
67 Taft Station, Pasay City Total Length of Residence Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % More than 10 years 1 2 1 3 7 24% No Response 0 1 0 1 2 7% Total 5 10 1 13 29
Reason for Establishing Residence of AH Heads Taft Station, Pasay City Total Reason Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Proximity to Livelihood 3 6 1 10 20 69% Rent Free/Affordable Rental Rates 0 0 0 1 1 3% Family Ties 0 0 0 0 0 0% Near School 0 0 0 0 0 0% Got Married 0 1 0 0 1 3% Near Basic Services/ Utilities/ Facilities 2 0 0 1 3 10% Others 0 1 0 1 2 7% No Response 0 2 0 0 2 7% Total 5 10 1 13 29
Ownership of Other Real Property of AH Heads Taft Station, Pasay City Total Ownership Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 0 0 0 0 0 0% None 5 10 1 13 29 100% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Location of Other Real Property of AH Heads Taft Station, Pasay City Total Location Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Within LGU 0 0 0 0 0 0% Outside LGU, but within the Metro Manila/ 0 0 0 0 0 0% Province Outside the Metro Manila/Province 0 0 0 0 0 0% Luzon 0 0 0 0 0 0% Visayas 0 0 0 0 0 0% Mindanao 0 0 0 0 0 0% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 0 0 0 0 0 *based on 0 AH head who owned other real property
Physical Health Taft Station, Pasay City Total Physical Health Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Normal 4 10 0 13 27 93% Elderly 1 0 1 0 2 7% With disability 0 0 0 0 0 0% Chronically Ill 0 0 0 0 0 0%
68 Taft Station, Pasay City Total Physical Health Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Recipient of DSWD's Conditional Cash Transfer or 4Ps Taft Station, Pasay City Total Recipient Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 0 0 0 0 0 0% No 5 10 1 13 29 100% Total 5 10 1 13 29
Classification of AH Heads Taft Station, Pasay City Total Classification Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Owner 1 7 1 7 16 55% Co-Owner 0 0 0 0 0 0% Renter 4 2 0 6 12 41% Sharer/Rent-Free-Occupant 0 0 0 0 0 0% Caretaker 0 0 0 0 0 0% Others 0 0 0 0 0 0% No Response 0 1 0 0 1 3% Total 5 10 1 13 29
Occupation of AH Heads Taft Station, Pasay City Total Occupation Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Farmer 0 0 0 0 0 0% Fisherman 0 0 0 0 0 0% Gov't Employee 0 0 0 0 0 0% Private Employee 0 0 0 1 1 3% Worker 0 0 0 0 0 0% Business 5 10 1 12 28 97% Service 0 0 0 0 0 0% Others 0 0 0 0 0 0% None 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Employment Status of AH Heads Taft Station, Pasay City Total Employment Status Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Permanent 0 0 0 0 0 0% Temporary/Casual 0 0 0 1 1 3% Contractual 0 0 0 0 0 0% Seasonal 0 0 0 0 0 0% Job Order 0 0 0 0 0 0%
69 Taft Station, Pasay City Total Employment Status Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % For self - employed workers/ 5 10 1 12 28 97% Employee in family business Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29 *based on 29 employed AH heads
Household Income of AHs Taft Station, Pasay City Total Monthly Income Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 10,000 and Below 0 0 0 0 0 0% 10,001 to 20,000 2 3 0 3 8 28% 20,001 to 30,000 0 3 1 3 7 24% 30,001 to 40,000 1 0 0 3 4 14% 40,001 to 50,000 0 1 0 1 2 7% 50,001 to 60,000 1 2 0 3 6 21% 60,001 to 70,000 0 0 0 0 0 0% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 1 0 0 0 1 3% 90,001 to 100,000 0 0 0 0 0 0% 100,001 to 200,000 0 0 0 0 0 0% 200,001 and above 0 0 0 0 0 0% No Response 0 1 0 0 1 3% Total 5 10 1 13 29 Average 43,800.00 33,888.89 30,000.00 36,230.77 36,607.14 Min 15,000.00 15,000.00 30,000.00 15,000.00 15,000.00 Max 90,000.00 60,000.00 30,000.00 60,000.00 90,000.00 Median 40,000.00 30,000.00 30,000.00 38,000.00 30,000.00
Household Expenditure of AHs Taft Station, Pasay City Total Monthly Expenditure Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 10,000 and Below 0 1 0 1 2 7% 10,001 to 20,000 2 3 0 6 11 38% 20,001 to 30,000 1 4 1 4 10 34% 30,001 to 40,000 0 2 0 1 3 10% 40,001 to 50,000 1 0 0 1 2 7% 50,001 to 60,000 1 0 0 0 1 3% 60,001 to 70,000 0 0 0 0 0 0% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 0 0 0 0 0 0% 100,001 to 200,000 0 0 0 0 0 0% 200,001 and above 0 0 0 0 0 0% No Response 0 0 0 0 0 0%
70 Taft Station, Pasay City Total Monthly Expenditure Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Total 5 10 1 13 29 Average 31,365.00 22,270.60 21,900.00 21,830.00 23,628.31 Min 15,550.00 10,000.00 21,900.00 9,250.00 9,250.00 Max 51,050.00 32,860.00 21,900.00 41,950.00 51,050.00 Median 22,475.00 22,085.00 21,900.00 19,350.00 20,920.00
Business Ownership Taft Station, Pasay City Total Business Ownership Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 5 10 1 13 29 100% None 0 0 0 0 0 0% Total 5 10 1 13 29
Type of Business Taft Station, Pasay City Total Type of Business Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Retail Trading 5 10 1 13 29 100% Manufacturing 0 0 0 0 0 0% Personal Services 0 0 0 0 0 0% Home/Small-Scale Industry 0 0 0 0 0 0% Transport 0 0 0 0 0 0% Service Contracting 0 0 0 0 0 0% Agri-business 0 0 0 0 0 0% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Initial Capital Taft Station, Pasay City Total Initial Capital Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 10,000 and Below 1 6 1 9 17 59% 10,001 to 20,000 0 1 0 0 1 3% 20,001 to 30,000 2 3 0 3 8 28% 30,001 to 40,000 1 0 0 1 2 7% 40,001 to 50,000 1 0 0 0 1 3% 50,001 to 60,000 0 0 0 0 0 0% 60,001 to 70,000 0 0 0 0 0 0% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 0 0 0 0 0 0% 100,001 and above 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
71 Source of Capital Taft Station, Pasay City Total Source of Capital Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Savings 3 5 0 6 14 48% Personal loans/lending 2 5 1 7 15 52% Others 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Present Capitalization Taft Station, Pasay City Total Present Capitalization Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 10,000 and Below 1 0 0 4 5 17% 10,001 to 20,000 0 3 0 4 7 24% 20,001 to 30,000 1 2 0 2 5 17% 30,001 to 40,000 1 1 0 0 2 7% 40,001 to 50,000 1 0 1 1 3 10% 50,001 to 60,000 0 1 0 1 2 7% 60,001 to 70,000 0 1 0 0 1 3% 70,001 to 80,000 0 0 0 0 0 0% 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 1 2 0 1 4 14% 100,001 and above 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
No. of Years in Operation Taft Station, Pasay City Total No. of Years in Operation Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Less than 1 year 0 0 0 0 0 0% 1 - 5 years 2 5 0 7 14 48% 6 - 10 years 1 4 0 4 9 31% More than 10 years 2 1 1 2 6 21% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Monthly Net Income Taft Station, Pasay City Total Monthly Net Income Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 10,000 and Below 0 1 0 1 2 7% 10,001 to 20,000 2 4 0 4 10 34% 20,001 to 30,000 0 3 1 2 6 21% 30,001 to 40,000 1 0 0 3 4 14% 40,001 to 50,000 1 1 0 2 4 14% 50,001 to 60,000 1 1 0 1 3 10% 60,001 to 70,000 0 0 0 0 0 0% 70,001 to 80,000 0 0 0 0 0 0%
72 Taft Station, Pasay City Total Monthly Net Income Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % 80,001 to 90,000 0 0 0 0 0 0% 90,001 to 100,000 0 0 0 0 0 0% 100,001 and above 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Status of Business Operations Taft Station, Pasay City Total Status of Business Operations Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Continuous 5 10 1 12 28 97% Seasonal 0 0 0 0 0 0% No Response 0 0 0 1 1 3% Total 5 10 1 13 29
With Intention to Request Assistance Taft Station, Pasay City Total With Intention to Request Assistance Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 4 4 0 6 14 48% None 1 6 1 6 14 48% No Response 0 0 0 1 1 3% Total 5 10 1 13 29
Type of Assistance Needed Taft Station, Pasay City Total Type of Assistance Needed Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Additional capital 4 4 0 5 13 93% Training 0 0 0 0 0 0% Additional manpower 0 0 0 0 0 0% Others 0 0 0 1 1 7% No Response 0 0 0 0 0 0% Total 4 4 0 6 14 *based on 14 AH heads with Intention to Request Assistance
Roof Material Taft Station, Pasay City Total Material Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Nipa 0 0 0 0 0 0% G. I. Sheets 3 7 1 8 19 66% Cogon 0 0 0 0 0 0% Wood 2 3 0 5 10 34% None 0 0 0 0 0 0% Others 0 0 0 0 0 0% Total 5 10 1 13 29
73 Wall Material Taft Station, Pasay City Total Material Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Concrete 5 6 0 9 20 69% Wood 0 3 1 4 8 28% Bamboo 0 0 0 0 0 0% Cogon 0 0 0 0 0 0% None 0 0 0 0 0 0% Others 0 1 0 0 1 3% Total 5 10 1 13 29
Light Source Taft Station, Pasay City Total Source Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Electric 5 10 1 13 29 100% Kerosene 0 0 0 0 0 0% Coleman 0 0 0 0 0 0% Oil 0 0 0 0 0 0% None 0 0 0 0 0 0% Others 0 0 0 0 0 0% Total 5 10 1 13 29
Water Source Taft Station, Pasay City Total Source Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Rain Water 0 0 0 0 0 0% Spring/river 0 0 0 0 0 0% Open well 0 0 0 0 0 0% Artisan well 0 0 0 0 0 0% Pump well 0 0 0 0 0 0% Piped water 4 8 1 10 23 79% Others 1 2 0 3 6 21% Total 5 10 1 13 29
Fuel Source for Cooking Taft Station, Pasay City Total Source Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Wood 0 0 0 0 0 0% Charcoal 0 0 0 0 0 0% LPG 5 8 1 12 26 90% Kerosene 0 2 0 1 3 10% Electricity 0 0 0 0 0 0% None 0 0 0 0 0 0% Others 0 0 0 0 0 0% Total 5 10 1 13 29
74 Toilet Taft Station, Pasay City Total Toilet Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Open pit 0 0 0 0 0 0% Antipolo 1 0 0 0 1 3% Semi-flush 3 8 1 11 23 79% Flush 1 0 0 0 1 3% None 0 2 0 1 3 10% Others 0 0 0 1 1 3% Total 5 10 1 13 29
Project Awareness Taft Station, Pasay City Total Awareness Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 5 10 1 13 29 100% No 0 0 0 0 0 0% No Response 0 0 0 0 0 0% Total 5 10 1 13 29
Source of Information Taft Station, Pasay City Total Source Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Barangay meetings/consultation 0 1 0 1 2 7% DOTr official 2 1 0 2 5 17% Government/Barangay Official 0 0 0 0 0 0% Neighbors 0 0 0 2 2 7% Radio/TV/Newspaper 1 1 0 1 3 10% Survey/Research 2 7 1 6 16 55% Others 0 0 0 0 0 0% No Response 0 0 0 1 1 3% Total 5 10 1 13 29 *based on 29 AH heads who answered that they are aware of the project
Project Impacts Taft Station, Pasay City Total Impacts Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % POSITIVE IMPACTS Better access to/from barangay/ city 1 4 1 7 13 20% Cleaner surroundings 4 6 0 8 18 28% Creation of jobs and livelihood opportunities such as (including in relation to project civil 1 1 0 3 5 8% works and O&M) Fewer road accidents 1 3 0 5 9 14% Lower expenses for vehicles maintenance 1 4 0 1 6 9% Opportunities for local vendors and businesses 2 1 0 1 4 6% Progress in the barangay/ city 0 0 0 1 1 2% I don't know 0 2 0 0 2 3% No Response 1 3 0 2 6 9% Total 11 24 1 28 64
75 Taft Station, Pasay City Total Impacts Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % NEGATIVE IMPACTS Air pollution 0 1 0 2 3 9% Damage or pollution of environment 0 0 0 1 1 3% Increase in congestion 0 1 0 3 4 12% Loss of Jobs or livelihood 3 5 0 5 13 39% Loss of plants, natural habitats 0 1 0 0 1 3% Loss of property 2 0 1 2 5 15% Loss or contamination of drinking water 0 0 0 0 0 0% Water Pollution 0 1 0 0 1 3% I don't know 0 0 0 0 0 0% No Response 0 2 0 3 5 15% Total 5 11 1 16 33
Project Approval Taft Station, Pasay City Total Approval Bgy. 79 Bgy. 83 Bgy. 142 Bgy. 146 No % Yes 4 6 1 10 21 72% No 1 4 0 1 6 21% No Response 0 0 0 2 2 7% Total 5 10 1 13 29 *based on 29 AH heads who claimed awareness of the project
76 Appendix 4. Attendance and Photo documentation of Consultations: 2018 and 2019
Project Stakeholders and Consultation Meetings - 2018 The IEC Program in the form of regular coordination meetings, project presentations and distribution of resource materials were provided to inform the stakeholders what the Project is, who the proponent is, the anticipated benefits for the community, and the project development schedule. A Stakeholder Meeting was conducted last 18-October-2018 at the Columbia Tower, Ortigas Avenue, Pasig City. (See Error! Reference source not found.). The stakeholders’ participants w ere mainly from various government offices such as Metro Manila Development Authority (MMDA), Department of Public Works and Highways (DPWH), Department of Environment and Natural Resources -Environmental Management Bureau (DENR-EMB) and others. Scanned copy of attendance sheets is attached below. Similarly, an Initial Focus Group Discussion (FGD) was conducted last October- 2018 at Phil- Am Subdivision Barangay Hall, Phil-Am Homes, Quezon City. Majority of the participants are from Barangay Veterans and Barangay Phil-Am. Scanned copy of attendance sheets is provided below.
The summary of the community meetings and IECs for the EDSA Greenways Project Phase 1 is summarized in Table 7.
77 Table 7. IEC and Stakeholder Engagement
Date Parties Invited Key Points Discussed As part of the feasibility studies, the environmental and social process identifies the likely issues or impacts that the project may cover. Stakeholders’ consultation was 18 October Government Agencies conducted to get the perception and possible suggestions of the affected communities and businesses to the Project. This covers the discussion of the Project, including its objectives, scope, Private Companies, Institutions and 22 October major design observations, environmental public group impacts and development plans. Brief introduction of the Project and plan Barangays PhilAm, Veterans and developments were discussed during the Bagong Pag-asa (as represented by meeting. FGD and Perception Surveys women’s, PWDs and senior citizens), 6 November were conducted to get the perception of the as well as representatives from community about the current pedestrian Damayan ng Maralitang Pilipinong Api facilities and suggest how the Project can (DAMPA) and Babaylanes Inc. improve these facilities.
From the FGD and perception survey conducted among the barangay representatives, civil society groups and pedestrians particularly women, LGBT and PWDs, the participants generally feel unsafe to access pedestrian passages due to potential harassment and bullying. The summary of issues and concerns and the recommendations and solutions of the participants are presented in Table 7. Table 7. Summary of the Initial FGD Conducted at the Preparation Stage
Themes Issues and Concerns Solutions/ Recommendations Improper placement of footbridges The lack of gender-neutral toilets for SOGIE sensitisation Design and facility pathways (Munoz to SM journey), Incorporating gender neutral toilets in that may benefit LGBT, pregnant longer pathways women, and seniors Dedicated spaces/facility for seniors/ Standard height and width of steps; PWDs design of the stairs and steps not Assistance to seniors and PWDs who accessible to pregnant women, want to walk from Veteran’s Village to PWDs, seniors, children SM/ TriNoma Access Too high footbridges Working elevators Low maintenance of structures Working escalators Low quality of construction materials Working walkalators The whole structure is not accessible Standard width for wheelchairs and to PWDs ramps Railings
78 Themes Issues and Concerns Solutions/ Recommendations No streetlight Open live wire within arm’s reach; cable wiring too low, children can even reach it Additional security should be adopted by every barangay No/ lack of security Create a barangay network to Young kids commit crimes (hold-up, address security issues and other throw stones) and when caught they concerns with government agencies come back to the site because of the as lead lack of facility for these children Covered walkway Crimes are rampant, usually done by young adults Orientation for workers, guards on Gender Sensitivity Training (GST), Harassment of female students and SOGIE 101 Slippery flooring when raining Orientation and information Safety and Security Cat calling by construction workers, dissemination on catcalling and the inconvenience and harassment street harassment and how to report push them to find longer path which them; the creation of mechanism for means longer travel time reporting and information LGBT feels unsafe when they are dissemination of ordinances security checked because they have Presence of CCTV to declare their gender and may Creation of gender police result to shaming and discrimination knowledgeable of the issues and by insensitive security personnel, concerns of women and LGBT and they are often discriminated in the presence of women’s desk or queues and restrooms information on where to approach Footbridges grid flooring are them susceptible to voyeurism and dangerous to children, people with canes. Structures cannot be used when it rains and may become too hot during summer or daytime Dirty, garbage is visible People sleeping on the footbridges Vendors occupy space, so path becomes narrower (Muñoz market/ Brgy. Veteran’s Katipunan, Bahay Canopies / covered walkway Environment and Toro, Magsaysay) Sufficient facility aesthetics Restroom facilities in the stations are A green design with lots of spaces present but no water supply The absence or lack of greenery Cleanliness and sanitation is compromised because people relieved themselves in the foot bridges Question of maintenance Sales people/flyers aggressively offer their products to people— Coordination inconvenient and bordering on Dialogue to solve traffic problem Others pedestrian discomfort Depot for provincial buses so they do No bike lane not have to ply metro streets Roads are being repaired when Bike lane there is nothing wrong with them
79 Themes Issues and Concerns Solutions/ Recommendations Orientation on the concept of safe spaces for pedestrians — safety, security
80 Project Stakeholders and Consultation Meetings – 2019
Below summarize the key findings of the focus group discussion conducted with 64 residents of the communities in the vicinity of five train stations along EDSA last April 2019. The discussions revealed a general agreement by the residents to the issues about the existing pedestrian facilities such as footbridges and foot paths (sidewalks). The FGDs brought forward key insights from the people who use the current pedestrian facilities about their daily experience, thoughts and suggestions to improve the facilities.
Methodology Five focus group discussions were conducted from April 16, 2019 to April 20, 2019 on the following train stations: Taft, Guadalupe, Cubao (MRT); and Balintawak, Monumento (LRT). Scanned copy of attendance sheets is attached below.
The participants were identified by the barangay chairman using the following criteria:
(i) Pedestrian users who were direct beneficiaries of the project (ii) Barangay officers such as kagawads and barangay administrators (iii) Residents of the barangay, the profile of which are follows: Representative of the Sector (women, elderly, youth and PWDs) Availability and willingness to participate in the FGDs
Total of 64 participants joined the focus group discussion. Below is the distribution per train station: Train Station Train Line No. of participants Monumento LRT 12 Balintawak LRT 14 Cubao MRT 15 Guadalupe MRT 13 Taft MRT 10
FGD participants were categorized as follows: (a) Female-Headed Households; (b) Disabled HHH; (c) W/in Poverty Threshold – Households; and (d) Others. They were also identified based on the group they belong to or represent such as the barangay, nongovernment organisations (NGO), vulnerable members of society, among others.
The facilitators first introduced themselves, provided an overview about the project and key stakeholders including the ‘Build, Build, Build’ Program of the national government and the EDSA Greenways Project.
Participants were then asked to sign the “information sheet” and “consent forms”. Ground rules for the focus group discussion were likewise tackled before the activity. E.g., there is no right or wrong response, open mindedness and willingness to listen to others or allowing for others to give their opinions.
In terms of demographics, the following are some of the major characteristics of the FGD participants: (i) 95% of participants are 30 years of age and older (ii) There are more female (46) than male (18) participants (iii) There was a good mix of participants based on civil status – single (22%), married (31%) and widow/widower (25%) (iv) 40% of participants belong to households that have four members maximum (v) 42% of participants work are barangay staff while 15% are presently in between jobs
81 (vi) 52% of participants have monthly income of Php 20,000 and below; 22% of participants earn more than Php 20,000 per month while 26% of participants did not indicate their monthly income.
82 Key Findings
(i) Opinions on current status of existing pedestrian facilities Common responses about existing pedestrian facilities mainly relate to design and safety concerns in the use of these facilities.
One participant in Monumento commented that the current footbridge is really helpful but the design and materials used pose danger and hazard particularly when it rains and the steps become slippery. Participants question the choice of steel in building the foot bridges.
In terms of ease and comfort, existing footbridges make it difficult to children, the elderly, pregnant women and persons with disabilities (PWD) to use the facility. The steep inclines and steps contribute to this difficulty.
(i) “Nakakahingal sa sobrang taas” (I gasp when I climb the stairs because of its height), said one participant in Monumento Station (ii) “… kadalasan ang elevator laging nasisira.” (More often than not, the elevator is not working), said one participant in Cubao Station (iii) “Sobrang kitid ang walkways, sidewalks at footbridges” (Walkways, sidewalks at footbridges are too narrow), said one participant in Guadalupe Station (iv) “Matarik masyado ang footbridge na gawa ng MRT” (The footbridge of MRT is too steep), said one participant also in Guadalupe Station (v) “... hinihingal sap ag-akyat lalo na sa mga tulad naming buntis”, said one participant in Monumento Station Maintenance and upkeep is another common issue across the focus group participants. Those we are working for the barangay are unclear as to who is responsible for the upkeep of these pedestrian facilities. Participants in Monumento recognize that the MMDA help in cleaning the footbridges. This is in contrast to Balintawak and Cubao where focus group participants mentioned that their local government unit (barangay and city) have been responsible maintaining the facility such as declogging the drainage.
(vi) User’s experiences of existing pedestrian facilities The experiences of the focus group participants are likewise similar on a number of issues.
Safety and security are on the top of those concerns.
(i) “Maraming mandurukot” (There are many petty thieves), said one participant in Taft station. (ii) “May snatching na nangyayari sa tulay” (Snatching happens on the bridge), commented by a participant in Guadalupe station
Specifically, pedestrian facilities in Cubao station concern the focus group participants due to sex workers, women and children, that stay in the pedestrian facilities. Cubao has a number of “beer houses” outside the train station.
On the other hand, street children that include what are referred to as “batang hamog” and “rugby boys” are a common sight at the foot of Guadalupe Station.
Focus group participants have also raised a concern about homeless people turning the pedestrian facilities in Monumento and Balintawak Stations as sleeping quarters.
83 Moreover, focus group participants mentioned ambulant vendors as another obstruction present in footbridges. These vendors have no permits from either the barangay or LGU.
(iii) Responses on proposed improvements of existing pedestrian facilities
Focus group participants’ suggestions to improve pedestrian facilities revolve around design and upkeep.
Design features that would help pedestrians have an easier and better experience in using the facilities were mentioned such as elevators and walkalators.
However, focus group participants in Balintawak have reservations due to the business establishments (market) in the area. They think that people might use the elevator to transport goods and might contribute to wear and tear of elevators intended for pedestrians.
Rest rooms and breast-feeding stations were mentioned by mothers and women in the focus groups as welcome additions to better pedestrian facilities.
Another improvement would be installing lights and closed-circuit television (CCTV) to serve as deterrent to crime.
Focus group participants in Cubao recommended that different stakeholders should communicate with one another and clarify their responsibilities. City government (Engineering Office), barangay, MRT and the MMDA have roles to play.
Security of these pedestrian facilities should be addressed. Need authorities in monitoring and surveillance especially at night.
Maintenance of cleanliness is another recommendation of the group. The present upkeep of these facilities is unsatisfactory.
84 Appendix 5. Project Information Sheet
Project Information Sheet for the EDSA Greenways Project
WHAT IS THE EDSA GREENWAYS PROJECT?
The EDSA Greenways Project aims to enhance pedestrian connectivity, accessibility, safety and comfort between nearby rail stations, as well as nearby higher density land uses for selected stations along LRT-1 and MRT-3. Connectivity enhancements will focus along 6 key areas in Metro Manila, to wit: (i) North Avenue (TriNoma): to create seamless connections to existing developments and future rail lines and public transport nodes; (ii) Cubao: to improve connectivity and access between Cubao MRT and LRT stations as well as access to the bus and jeepney nodes; (iii) Guadalupe: to strengthen connectivity and access between Guadalupe MRT Station and bus/jeep nodes and creating a new cross river walkway; (iv) Taft: to Create a better pedestrian circulation at EDSA-Taft Junction and rejuvenate Taft Avenue Extension; (v) Monumento: to enhance pedestrian walk and access between Monumento LRT station to Monumento Circle, bus/ jeep nodes and EDSA west; and (vi) Balintawak: to connect Balintawak LRT station to Cloverleaf Mall and key locations in the Cloverleaf Interchange area.
Trinoma Area
EDSA Greenway Station
Source: http://www.johomaps.com/as/philippines/manila/manilametro.html Figure 1. Map Depicting Common Station Location Relative to Metro Manila
85 This study will be broken up into two phases:
(i) Phase 1 – Focuses on the short-term situation in the vicinity of the planned Common Station at the intersection of EDSA, North Avenue and West Avenue.
(ii) Phase 2 – Focuses on the long-term situation at the planned Common Station as well as the short-/long-term at the other five stations. WHO WILL BE IMPLEMENTING THE PROJECT? During this Phase 1 EDSA Greenways Feasibility Study, it is assigned that the Department of Transportation (DOTr) of the Government of the Philippines is the implementing agency, with Arup as the assisting consulting firm. The project will be implemented with financial and technical assistance from the Asian Development Bank (ADB).
WHAT WILL BE THE SCOPE OF THE PHASE 1 PROJECT?
The project scope will include the construction of elevated footbridges and associated stairwell landings and elevators at access points between the footbridge and the current at-grade street network. The footbridge will typically range in width from 4.0-5.0m depending on the level of pedestrian demand to be served. These footbridges will include walking areas, as well as planters or landscaping alongside and connect major rail stations with surrounding land uses and major trip generators. The footbridges will be covered, but otherwise open to the air, with gratings/fencing alongside the footbridge. Small mobile kiosks will be located at select access points, while advertising panels may cover some of the gratings/fencing. The footbridge itself will be supported by columns along the sidewalk. Sidewalk widening may be necessary at spot locations to provide a sidewalk width of 4.0m to support the column and retain a pedestrian walkway and access to adjacent properties. Along the first stretch of EDSA (between Roosevelt and Common Station), sidewalk widening would be achieved by reallocating a portion of the EDSA right-of-way. Other areas are still under scheme development. Six landings (stairwells and elevators) will be provided in this initial 1.0 km stretch.
Figure 2. Extent of the Initial Section from Roosevelt to SM North
86 Figure 3. Footbridge Design Plan (Design is conceptual at this stage and subject) to change
Figure 4. Footbridge(i)Sectio (Design is conceptual at this stageCross and subject to change)n
87 WHAT SOCIAL AND ENVIRONMENTAL IMPACTS ARE ANTICIPATED AS A RESULT OF THE PROJECT?
The Phase 1 sub-project alignments shall follow existing alignment thereby will not greatly impact the area. Temporary use of land during construction will strategically be located to minimize social and environmental impacts. However, the following activities will result to minimal land acquisition and other impacts: (i) construction of elevated walkways requiring landings for escalators/ stairs/ elevators as well as land for the support columns; (ii) ROW clearing will be necessary to maximize use for the overall project; and (iii) construction along existing operating roads shall require temporary land takes / occupation. Social: The envisaged impacts therefore are as follows: (i) Permanent land loss and damage to structures (including trees), (ii) Temporary loss of access along the ROW or disruption of land use or other activities during construction works, (iii) Temporary loss of income of establishments along the ROW and among ambulant vendors, and (iv) Increased susceptibility of vulnerable sectors to cope with risks associated with the project.
Environmental: The envisaged impacts are: (i) Temporary alteration of air quality due to accumulation of particulate matter, (ii) Temporary deterioration of surface water due to possible silt run-offs, spills and contamination from oil, grease and fuel and sanitary wastes, (iii) Temporary increase in generation of noise level, (iv) Temporary alteration in aesthetic condition during construction, including traffic, and (v) Impacts on health and safety.
WHAT KEY SOCIAL AND ENVIRONMENTAL ACTIVITIES NEED TO BE CONDUCTED IN SUPPORT OF THE PROJECT?
Social: The following activities need to be conducted for the social aspects of the project: (i) Conduct of consultations with affected households and entities; (ii) Conduct of socioeconomic surveys amongst affected households and entities; (iii) Conduct of replacement cost survey for asset losses; and (iv) Prepare Draft Resettlement Plan with ensuing and appropriate disclosure mechanisms for affected persons and entities.
Environment: The following activities need to be conducted for the environmental aspects of the project: (i) Environmental Management Plans a. Prevention and Mitigation Plans for possible impacts on air, water and noise b. Traffic plans
A. Emergency Response Procedures B. Maintenance Plans (ii) Environmental Monitoring Plans for air and noise.
88 ARE THE AFFECTED PERSONS (AP) ENTITLED TO ANYTHING FOR THEIR LOSSES?
Yes, entitlements will be appropriated to affected persons based on associated loss type per result of the social surveys by end of April 2019. A compensation package is currently being crafted with due consideration to applicable laws of the Government of the Philippines and the ADB Safeguards Policy Statement of 2009 to be disclosed to affected households and entities within the 2nd Quarter of 2019. The compensation package is a proper and equitable replacement provided in the form of cash or other agreed in kind at replacement cost to the affected person in the process of land acquisition and restricting their regular movement within the project site --- for assets and livelihoods lost as a result of the project.
WHAT IS MEANT BY CUTOFF DATE AND WHEN WILL BE THE CUTOFF DATE?
The cutoff date is the due date where the eligible affected persons can still claim and receive necessary compensation and/or other assistance from the loss source of livelihood or residential space. The cutoff date will coincide with the 1st day that the surveys/census of affected persons and the inventory of loss will be conducted as overseen by representatives of the Barangay Local Government.
HOW ARE THE GRIEVANCES OF APs HEARD AND RESOLVED?
A project Grievance Redress Mechanism is still being crafted for disclosure to the public by the 2nd Quarter of 2019. For the moment, all grievances may be directed to the focal person as indicated below or through normal channels within the Barangay Local Government.
WHEN IS THE PROJECT EXPECTED TO COMMENCE?
The project is envisaged to start within the 4th quarter of 2019.
WHO MIGHT BE CONTACTED FOR ANY INQUIRIES ABOUT THE PROJECT? Name of Focal Person: Fidel Sandino F. Hapal Designation: Architect/Environmental Planner Office Address: Road Transport and Infrastructure Department of Transportation 6/F Unit 61 Columbia Tower Ortigas Avenue, Mandaluyong City 1555 Philippines Contact details: Telephone Number: (+632) 790-83 local 271 / +63 998 543 6920 Email address: [email protected]
89 Appendix 6. Sample Terms of Reference for Appraisal Services
TERMS OF REFERENCE (DRAFT) PROPERTY APPRAISAL SERVICES PURSUANT TO RA 10752
(i) BACKGROUND 1. Insert description and map of the project for which the right-of-way (ROW) or site location is required. 2. Insert the Parcellary Survey Report for the project indication the properties affected by the ROW.
(ii) OBJECTIVES OF THE SERVICES 1. To determine the fair market value of the land, the replacement cost of structures/improvements, and the fair market value of crops and trees in the properties described above as affected by the ROW and site location requirement of the said project 2. To recommend the appropriate price offer for negotiated sale of the affected properties based on the above. 3. To provide technical assistance, if necessary, to the IA on the negotiation proceedings, including possible administrative and judicial processes.
(iii) DESIRED OUTPUTS The GFI/IPA is expected to deliver to the IA and Appraisal Report that Contains the following (Include all that apply): 1. Estimated market value of the land under consideration. 2. Estimated replacement cost of structures and improvements therein 3. Estimated market value of crops and trees therein 4. Recommended total price offer for negotiated sate for the properties affected. 5. Other reports/advisories as needed in the negotiation proceedings.
(iv) STANDARDS AND SPECIFICATIONS. In providing the services and delivering the desired outputs, the GFI/IPA shall observe the following standards and specifications listed under Section 7 of RA 10752: 1. The Classification and use for which the property is suited - Based on, among other things, the latest approved land use plan and/or zoning ordinance, if any, of the city or municipality concerned. 2. The development cost for improving the land - Based on, among other things, the records and estimates of the City or Municipal Assessor concerned, GFI or IPA for similar or comparable lands 3. The Value declared by the owners - Based on the value shown in the owners’ latest Tax Declaration Certificates or Sworn Statements 4. The Current selling price of similar lands in the vicinity - Based on, among other things, the latest recourse on Deeds of Sale for similar lands in the office of the Register of Deeds concerned 5. The Reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of improvements thereon - Consider, among other things, the replacement cost of the improvements at current market prices as provided in Section 6.6 of IRR of RA 10752 6. The size, shape or location, tax declaration and zonal valuation of the land - Based on, among other things, the latest records on Deeds of Sale in the Register of Deeds, tax Declaration by the City or Municipal assessor, zonal valuation of the BIR for comparable properties
90 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 so as to enable the affected property owners to have sufficient funds to acquire similarly situated lands of approximate areas as those require from them by the government, and thereby rehabilitate themselves as early as possible.
(v) DURATION OFSERVICES AND TIMETABLE FOR DELIVERABLES
Phases Timeline Deliverable Remarks Pre-Project 1st week Planning Framework Documents needed: Project Start-up (i) Conference /meetings Layout/Survey Plans; Parcellary Plans (ii) Confirmation of proposal indicating the width of the highway, (iii) Consolidation and review Title and Tax Declaration per lot of documents Pre-Site Visit 2nd week Site Familiarization Determination of the exact location of (i) Meetings with Barangay the property through physical Officials inspection (ii) Establishment of Field Offices (iii) Pre-Site Inspection (iv) Securing Other References (Tax Map/Tax Declaration) from the Assessors 3rd and Property Identification and Site (i) Encroachment on or of the 4th week Analysis property subject of appraisal (i) Identification of each property including improvements on ground versus plan thereon; submitted that includes the (ii) Existence and availability of location, accessibility, terrain, basic service utilities in the developments ad community where the property improvements thereon is located such as water, (ii) Definition of physical features of electricity, transportation, road improvements and their networks, etc.; conditions and measurements (iii) History of severity of flooding (iii) Counts of considerable trees caused by rainfall and other within each affected lot and causes either natural or man- other structures on site. made; (iv) Investigation, queries and (iv) Presence of informal settlers validation of current prices of either within the property or its lots and sold properties in the immediate vicinity; project vicinity (v) Topography and elevation of (v) Canvas of current construction the property with respect to materials in the locality road level; (vi) Soil erosions particularly for properties bounded by bodies of water; (vii) Presence of waterways, canal or drainage structures that run through or bounds the property; (viii) Proximity of the properties within the legal easements: river, foreshore, forested areas and (ix) If the property is located within or near the fault line buffer zone.
91 Phases Timeline Deliverable Remarks On site 5th week Documentation of Properties Research on documents with Validation of Affected - Securing or verification of government agencies dealing with real Ownership documents (Titles) with Registry of property namely: Municipal Assessor’s Deeds and other agencies Office, Tax Mapping Office, Land concerned Registration Authority (LRA), Department of Environment and Natural Resources (DENR)- Community Environment and Natural Resource Office and Land Management Bureau, Department of Agrarian Reform, Department of Agriculture, or any other agency that ascertains the legal, physical existence, and exact location of real properties Off-Site (Office) 6 th week Write-ups and Preparation of Generation of Vicinity/Location Map Draft Report indicating the landmarks near the (i) Consolidation and analysis of subject property, if any Photographs of gathered data and information the landowner or his /her (ii) Establishing benchmarks of representative with background the valuation and calculations of façade of the house and interior of the market value per property housing unit, side and rear views of the (iii) Composition and printing of unit and view of the street where the Draft Report property is abutted/situated should be provided. 7th week Review of Draft Report32 (i) Reproduction of gathered documents for attachments (ii) Compilation of write-ups and attachments for submission 8th week Review of Revised Draft Report (i) Review of findings on the Draft Report (ii) Preparation of Revised Draft Report considering comments/corrections (iii) Submission of Revised Draft Report 9th week Final Report/Output – Six (6) Copies of Report - Review and reproduction of Revised Draft Report and submission as Final Appraisal Report (6 copies)
Outline of Report33 Part 1 – Introduction (i) Title page (ii) Table of Contents (iii) Letter of Transmittal (iv) Executive Summary (Important Fact and Conclusion)
Part 2 – Purpose and Scope
32 Refer to the template prescribed by the Institute of Philippines Real Estate. 33 Institute of Philippines Real Estate Appraisers Subject: Appraisal Report Writing presented during Symposium on Land Property Appraisal System and Development, Land Management Bureau, Department of Environment and Natural Resources, Bay view Park Hotel, Roxas Blvd., Manila, November 27, 1998.
92 (i) Date and purpose of the Appraisal (ii) Definition of Value (iii) Definition of Property Rights Appraised (iv) Function of the Appraisal
Part 3 – Property Data (i) Identification of the Property (ii) Location and Improvements (iii) Site data (iv) Description of Improvements (v) Assess Value and Utilities
Part 4 – Property Assessment (i) Highest and best Use Analysis (ii) Market Analysis (iii) Justification of the Valuation Methodology Applicable a. Cost Approach b. Market Data Approach
(iv) Interpretation and Correlation estimates (v) Value Conclusion (vi) Certification (vii) Limiting Conditions
Part 5 – Property Data (i) Location-Vicinity Map (ii) Comparative Data Map, if any (iii) Plot Plant (i) Compound Lay-out and /floor Plan of Improvements, if any (ii) Other pertinent Exhibits (iii) Qualifications of the Appraisers (iv) List of Representative Clients
(v) QUALIFICATIONS CRITERIA As required by s.6.2 of the IRR to RA 10752, where applicable, priority shall be given to the engagement of the services of a GFI; taking into consideration efficiency, economy, and the needs of the IA.
If a GFI is considered it must be capable and have adequate experience to undertake the full range of assessment required for the tasks involved (Land, Structures, Improvements, Crops and Trees) using its own in- house manpower and resources. Similarly, for any IPA considered for appointment.
An IPA must meet the following criteria to qualify for the consulting services: (i) The IPA must be in the list of the BSP or a professional association of appraisers recognized by the BSP, provided, that an IPA not yet included in the list shall not be barred from joining the procurement for such services; provided further that, prior to award of the contract, such IPAs shall; be required to submit a proof that they already included in the list (ii) IPA must comply with the experience and other eligibility requirements provided in RA 9184 and its IRR, including the registration and license required for a Real Estate Appraiser.
EVALUATION CRITERIA Score (out of 50) College graduate of any course 5
93 EVALUATION CRITERIA Score (out of 50) A licensed real estate appraisers by the Professional Regulation Commission 10 Demonstrated experience of at least five (5) years in real estate appraisal 10 Have undertaken at least 3 similar projects/contracts with private or government 10 agencies, in the Philippines or other Asian countries Affiliation/membership in good standing with a reputable appraisal organization 10 No derogatory record with the National Bureau of Investigation 5
(iii) SUBMISSION OF DELIVERABLES AND SCHEDULE OF PAYMENT
Approximate % of Deliverables Submission Deadline Contract Price Planning Framework or Inception Report 3 days after signing of 10% of Contract Price contract Site Familiarization Report 16 days after signing of 10% of Contract Price contract Property Identification & Site Analysis Report23 days after the signing of 20% of Contract Price contract Documentation of Properties Affected Report30 days after signing of 20% of Contract Price contract Initial Draft Report 37 days after signing of 10% of Contract Price contract Draft Report 44 days after signing of 5% of Contract Price contract Revised Draft Report 51 days after signing of 10% of Contract Price contract Final Report/Output 58 days after signing of 20% of Contract Price contract
94 Appendix 7. Template for Quarterly Monitoring Report
OUTLINE OF THE MONITORING REPORT FOR EDSA GREENWAY PROJECT To be refined at Implementation Date of Monitoring Period I. GENERAL INFORMATION ABOUT THE PROJECT A. Project Objectives State the project objectives as consistently as possible. Refer to stipulations in both the PAM and this RP. B. Project Components Again, with reference to the PAM and this RP, enumerate and briefly describe the subproject components. C. Scope of Project Impacts Present impacts by loss per subproject as applicable, discuss each and should there be changes through each monitoring period. II. OBJECTIVES AND SCOPE OF SOCIAL SAFEGUARDS QUARTERLY MONITORING A. Objectives of Quarterly Monitoring Refer to RP Chapter on monitoring. B. Scope of Internal/ Quarterly Monitoring: Required Social Safeguards Documents III. DETAILED SOCIAL SAFEGUARDS IMPLEMENTATION PROGRESS There are 5 key areas of concern as regards social safeguards implementation and these are: (i) Consultation and participation (ii) Public information, disclosure and consultation (iii) Payment of compensation, allowances, and assistance viz civil works (iv) Livelihood restoration (v) Grievance redress A. Consultation and Participation of AHs B. Public Information Disclosure and Consultation 1. Disclosure Provide text for Table 1. Table 1: Disclosure on Social Safeguards Planning Documents and Related Activities As of (Date, Month, Year) Information disseminated Date Method of dissemination Key issues
2. Consultations Provide text for Table 2 that summarizes the Public Consultation and Participation activities and outcomes during the monitoring period. Attendance will be disaggregated by gender and ethnicity. Table 2: Consultation / Meetings Conducted As of (Date, Month, Year) Participants Consultation topic Date Venue Key Issues Male Female Both
95 Participants Consultation topic Date Venue Key Issues Male Female Both
B. Payment of Compensation, Allowances, and Assistance Viz Civil Works 1. DMS Process Complete Table 3 and discuss particulars in text. Table 3. Updated Progress of Social Safeguards Implementation As of (Date, Month, Year) Payment of DMS Resettlement and site clearance Compensation Bid awarded Start End Start End Start End
2. Progress of Payments for Compensation, Relocating AHs and Civil Works This section covers two key areas as operationalized for this monitoring period: (i) compliance to payment of compensation and allowances - noting relocation, and (ii) start of civil works. The purpose of this section is to assess progress and readiness to hand land over for civil works as well as compliance with conditions for handing over. Complete Table 4 below and present key points in text. Table 4: General Progress in Land Clearance and Handing Over of Land for Civil Works As of (Date, Month, Year) AHs Eligible for Compensation/ Allowance AHs Required to Relocate Remaining Date Land Hand Actual AHs to be Encumbrances Over for Civil Total AHs # AHs fully paid % Progress Total AHs Resettled (Yes/No) Works
C. Livelihood Restoration and Rehabilitation Restoration and rehabilitation approaches may vary significantly from barangay to barangay. Complete Table 5 and describe participation to available livelihood restoration and rehabilitation programs, disaggregated by gender. You may add columns for more livelihood restoration project/activity types. Table 5: Participation to Livelihood Restoration and Rehabilitation As of (Date, Month, Year) Livelihood Restoration x Livelihood Restoration y Livelihood Restoration z Grand Total Male Female Both Male Female Both Male Female Both Male Female Both
Other Remarks on Livelihood Restoration Please describe any issues encountered and approaches to resolve identified issues (if at all).
D. Grievance Redress
96 When grievances surface, provide a narrative summary of grievance cases by type of issue and location. How grievances are resolved must be documented as these happen. Refer to Table 6; to present this section in text form. Table 6: Status of Grievance Redress As of (Date, Month, Year) Grievance Topic # of complainants # of satisfied AHs Elevated to Court: # of complainants
IV. INSTITUTIONAL SUPPORT TO SOCIAL SAFEGUARDS A. Staff Support to Ensure Compliance This section presents the involvement of social safeguards-related staff within DOTr across levels. All focal persons will be listed along with contact details. Include any issues specifically addressed by management when engaging at the site level. B. Funding Allocation and Disbursement Funds disbursement refers to handing over payments from DOTr down to the APs per stipulated social safeguard document budget allocation. Discuss Table 7. Table 7: Disbursement of Funds as of (Date, Month, Year) Social Safeguards Budget Funds Disbursed this Monitoring Period Comment/s
V. OVERALL STATUS, ISSUES, CONCERNS, AND PROPOSED ACTIONS Under this section, provide information on identified issues impacting the implementation of social safeguards compliance. You may choose to divide this section by crosscutting issues or by social safeguard document type. These may include resource constraints, changes in scope of impacts, etc. For succeeding internal monitoring reports, it is imperative to include resolution of issues cited in previous internal monitoring reports as well as those that may be cited during independent evaluation from ADB Headquarters. Indicate the estimated percentage of work accomplished eventually through time reflecting cumulative achievements per subproject up to the point of the current monitoring period. For Table 8, indicate the issues and concerns related to the subproject as indicated in the headings and the way forward to overcome issues and concerns. Table 8: Social Safeguards Issues, Concerns and Proposed Actions As of (Date, Month, Year) Pending from previous monitoring New/Current Proposed Action/s reports
Attachment 1. Minutes of Consultations Conducted as of (Date, Month, Year) Attachment 2. Photo-documentation for the Monitoring Period
97