Improving Growth Corridors in Mindanao Road Sector Project PR13

Resettlement and Indigenous Peoples Plan ______

August 2020

PHI: Improving Growth Corridors in Mindanao Road Sector Project

PR13: Siay-Gapol Road

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

CURRENCY EQUIVALENTS (As of 17 August 2020)

Currency unit = Philippine Peso (₱) ₱1.00 = $ 0.0205 $1.00 = ₱ 48.710

Abbreviations

AD Ancestral Domain ADB Asian Development Bank AH Affected Household AP Affected Person BIR Bureau of Internal Revenue CADT Certificate of Ancestral Domain Title CCA Community Consultative Assembly CALT Community of Ancestral Land Title CLOA Certificate of Land Ownership Award CAP Corrective Action Plan COI Corridor of Impact DEO District Engineering Office DPWH Department of Public Works and Highways DMS Detailed Measurement Survey DDR Due Diligence Report EA Executing Agency EMA External Monitoring- Agents EO Executive Order ESSD Environmental and Social Safeguards Division FBI Field based investigation FPIC Free and Prior Informed Consent GOP Government of the Philippines GRM Grievance Redress Mechanism IGCMRSP Improving Growth Corridors in Mindanao Road Sector Project IMA Internal Monitoring Agent IOL Inventory of Loss IP/ICC Indigenous People/Indigenous Cultural Community IPP Indigenous People Plan IPRA Indigenous People’s Rights Act LA Land Acquisition LARRIPP Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (DPWH, 2007) LGU Local Government Unit LRP Livelihood Restoration Program NCIP National Commission on Indigenous Peoples NEDA National Economic and Development Authority NGO Non-Government Organization PhP Philippine Peso PIB Project Information Booklet

ii PPTA Project Preparatory Technical Assistance RA Republic Act RCS Replacement Cost Study RIC Resettlement Implementation Committee RIPF Resettlement and Indigenous Peoples Framework RIPP Resettlement and Indigenous Peoples Plan ROW Right-of-Way RP Resettlement Plan SA Social Assessment SES Socioeconomic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement TCT Transfer Certificate of Title UPMO Unified Project Management Office USD United States Dollar

iii Definition of Terms

Affected persons/ Refers to any person or persons, customary or local (APs)/ Community/ Households community, private or public institution who are displaced (physical or (APs/AHs) economic) as result of temporary impacts during construction, restriction on land use or on access to legally designated parks and protected areas. The affected community/ households/ persons are those who utilize, control, or possess the affected land or non-land objects.

Ancestral domain Refers to all areas generally belonging to Indigenous Cultural Communities (ICCs)/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/lPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social, and cultural welfare. It includes land, forests, pasture, residential, agricultural, and other lands individually owned whether inalienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/lPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/lPs who are still nomadic and/or who practice shifting cultivation. As clarified in. Section 4 of R.A. 8371, ancestral domains cover not only the physical environment but the total environment including the spiritual and cultural bonds to the area which the ICCs/lPs possess, occupy and use to which they have claims of ownership.

Ancestral lands Refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/lPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, widen farms and tree lots.

Community-owned These may include a wide range of facilities, such as places of worship, structure community-operated schools, bathing and washing places, community centers, fishponds, and wells (ADB IR Source Book, 2012).

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.

Certification It is a document issued by the NCIP attesting that the applicant or project

iv Precondition proponent has complied with the requirements for securing the affected ICCs/IPs accordance to the Revised Guidelines on Free, Prior and Informed Consent and Related Processes of 2012. The CCA is part of the FPIC process convened for consultative assembly presenting the project to the IP community. The participants to the CCA are the elders or leaders of the IP community; the representatives of IP households/ families within the area affected; the representatives of the applicant or the project proponent/s; the FPIC team constituted by the National Commission on Indigenous People (NCIP); and the representatives of development Non-Government Organization. Persons not covered at the time of census-taking will not be eligible for claims of compensation entitlements.

Displaced Persons In the context of involuntary resettlement, displaced persons are those who (DPs) 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).

Economic Loss of land, assets, access to assets, income sources, or means of displacement 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.

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.

Free and Prior The consensus of all members of the ICCs/lPs to be determined in Informed Consent accordance with their respective customary laws and practices, free from (FPIC) any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community.

Field-based It refers to the ground investigation to determine if the plan, program, project, investigation or activity overlaps with or affects an ancestral domain, the extent of the affected area, and the ICCs/lPs whose FPIC is to be obtained.

Livelihood This involves re-establishing productive livelihood of the displaced persons restoration to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012).

Inconvenience It is the compensation amount given to each AP who holds full title to or a

v allowance legalizable tax declaration over the land and structures severely affected by the project, and who consequently must move elsewhere.

Indigenous peoples/ Refer to a group of people or homogenous societies identified by self- indigenous cultural ascription and ascription by other, who have continuously lived as organized communities community on communally bounded and defined territory, and who have, (IPs/ICCs) under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, nonindigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/lPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions or cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.

Inventory of Loss The listing of assets as a preliminary record of affected or lost assets during (IOL) the preparation of the RIPP 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, and their exact location pinpointed. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the APs are likewise determined.

Involuntary Refers to physical and economic displacement as a result of (i) resettlement Resettlement involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Such displacement can be full or partial, permanent or temporary.

When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation (ADB IR Source Book, 2012).

Land acquisition It is the process of acquiring land from the current owners pursuant to the provisions of RA 10752 modes of acquisition, i.e., Donation, Negotiated Sale, Expropriation, Acquisition of Properties under Commonwealth Act (CA) NO. 141, Exchange of Barter, Easement of Right-of-way, Acquisition of Subsurface Right-of-way and other modes authorized by Law.

Marginally affected The impact is only partial, and the remaining portion of the person property or asset is still viable for continued use.

Meaningful A process that (i) begins early in the project preparation stage and is carried consultation 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

vi 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.

Memorandum of It refers to the document signed by the project proponent, affected IPs, Agreement and/or the NCIP and other relevant parties embodying the terms and conditions agreed upon to ensure, among others, that Indigenous Peoples affected by the project receive culturally appropriate social and economic benefits. It also specifies ways that the identified adverse effects are avoided, minimized, mitigated, or compensated. The MOA serves as the IP Action Plan for affected IPs living in ancestral domain and IPs resettled in lands of the public domain due to · previous government projects/policies and involuntary displacement because of war and natural calamities. e.g. resettlement, process of conducting FBI, issuance of Certification Precondition (CP), and conduct of FPIC.

Memorandum of It refers to the document signed by DPWH, the concerned local government Understanding unit, NCIP Provincial or Regional Office governing their relationship regarding aspects of the project, e.g. creating resettlement committee for the implementation of RIPP.

Professional Persons who have previously been awarded home lots or housing units by squatters the government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area; to non-bona fide occupants; and to intruders of lands reserved for socialized housing. The term also refers to individuals or groups who occupy lands without the expressed consent of the landowner and who have sufficient income for legitimate housing. This definition excludes individuals or groups who simply rent land and housing from professional squatters or squatting syndicates.

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 structure or improvement affected by a ROW with a similar asset based on current market prices, i.e., with no deduction for depreciation or damage of the original asset (DPWH DRAM, 2017).

Resettlement and The social safeguard document that contains the policies and guidelines Indigenous Peoples and time-bound action plan with budget, setting out the resettlement Plan (RIPP) objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation.

Severely affected Affected persons whose primary residential structure is entirely affected, or who are physically displaced or who experience a loss of 10% or more of their productive resources and/or sources of income.

Vulnerable groups Distinct groups of people who might suffer disproportionately or face the risk

vii of being marginalized by the effects of resettlement and specifically include: (i) households headed by women with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support; (v) landless households; (vi) indigenous peoples or ethnic minorities.

Note

In this report, “$ refers to US Dollars

This resettlement and indigenous peoples 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 preliminarily in nature. Your attention is directed to the “terms and 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 judgements as to the legal or other status of any territory or area.

viii Table of Contents CURRENCY EQUIVALENTS ...... II ABBREVIATIONS ...... II DEFINITION OF TERMS ...... IV TABLE OF CONTENTS ...... I LIST OF TABLES ...... II LIST OF FIGURES ...... III EXECUTIVE SUMMARY ...... IV I. PROJECT DESCRIPTION ...... 9

A. BACKGROUND ...... 9 B. DESCRIPTION OF THE SUB-PROJECT ...... 9 C. CIVIL WORKS TO BE CONDUCTED ...... 11 D. MEASURES ADOPTED TO MINIMIZE INVOLUNTARY RESETTLEMENT IMPACTS ...... 11 E. ANTICIPATED SOCIAL SAFEGUARD IMPACTS ...... 11 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 13

A. METHODOLOGY OF THE SURVEYS ...... 13 B. SUMMARY OF PROJECT IMPACTS ...... 13 III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS ...... 25

A. PROVINCIAL PROFILE ...... 25 B. INDIGENOUS PEOPLES OF THE PROJECT AREA ...... 26 C. PROJECT COVERED MUNICIPALITIES AND BARANGAYS ...... 29 D. THE AFFECTED HOUSEHOLDS ...... 30 IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 33

A. CONSULTATION AND PARTICIPATION ...... 33 B. DISCLOSURE ...... 40 C. CONSULTATION, DISCLOSURE AND INFORMATION DISSEMINATION DURING RIPP IMPLEMENTATION ...... 41 V. GRIEVANCE REDRESS MECHANISM ...... 44 VI. LEGAL AND POLICY FRAMEWORK ...... 46

A. RELEVANT LAWS AND REGULATION IN THE PHILIPPINES ...... 46 B. ADB POLICIES ...... 53 C. GAP ANALYSIS AND PROJECT PRINCIPLES ...... 56 D. SOCIAL SAFEGUARDS POLICY PRINCIPLES FOR THE PROJECT ...... 62 VII. COMPENSATION AND OTHER ENTITLEMENTS ...... 64

A. AFFECTED PERSONS AND ELIGIBILITIES ...... 64 B. COMPENSATION AND ENTITLEMENTS ...... 65 VIII. RELOCATION STRATEGY ...... 77

A. OVERVIEW OF RELOCATING HOUSEHOLDS ...... 77 B. RELOCATION SITES ...... 78 C. RESETTLEMENT SITE DESCRIPTION AND DEVELOPMENT NEEDS ...... 80 D. IMPLEMENTATION ARRANGEMENT ...... 80 E. RESETTLEMENT SITE DEVELOPMENT SCHEDULE ...... 81 IX. LIVELIHOOD RESTORATION PROGRAM ...... 82

A. LRP ELIGIBILITY AND STRATEGY ...... 82 B. LIVELIHOOD RESTORATION STUDY ...... 83 C. AVAILABLE PROGRAMS AND SUPPORT IN THE PROJECT AREA ...... 84

D. DESCRIPTION OF LRP PROGRAM ACTIVITIES ...... 85 E. LRP MANAGEMENT AND IMPLEMENTATION ...... 86 F. LRP COST ESTIMATES ...... 87 G. LRP IMPLEMENTATION SCHEDULE ...... 87 H. MONITORING AND EVALUATION...... 88 X. RIPP BUDGET ...... 89 XI. INSTITUTIONAL ARRANGEMENTS ...... 91

A. CURRENT DPWH CAPACITIES ON SOCIAL SAFEGUARDS ...... 91 B. CAPACITY BUILDING ...... 93 C. IMPLEMENTATION SCHEDULE OF THE RIPP...... 94 XII. MONITORING AND EVALUATION ...... 95

A. MONITORING ARRANGEMENTS ...... 95 B. INTERNAL MONITORING ...... 95 C. EXTERNAL MONITORING ...... 98 D. REPORTING AND DISCLOSURE ...... 100

List of Tables TABLE 1. PR 13 COVERED SECTIONS ...... 11 TABLE 2. SUBPROJECT SUMMARY OF IMPACTS ...... 14 TABLE 3. LAND ACQUISITION REQUIREMENTS BY LOCATION ...... 15 TABLE 4. AHS BY LOSS OF LAND ...... 16 TABLE 5. SEVERITY OF AGRICULTURAL LAND ...... 16 TABLE 6. SEVERITY OF RESIDENTIAL LAND...... 17 TABLE 7. SEVERITY OF PUBLIC LAND ...... 17 TABLE 8. LOSS OF STRUCTURES ...... 18 TABLE 9. AHS BY LOSS OF RESIDENTIAL STRUCTURES AND SEVERITY ...... 18 TABLE 10. AHS BY LOSS OF RESIDENTIAL-CUM-COMMERCIAL STRUCTURES SEVERITY ...... 19 TABLE 11. LAND TENURE STATUS OF AHS WITH SEVERELY AFFECTED HOUSES ...... 19 TABLE 12. AHS BY LOSS OF COMMERCIAL STRUCTURES AND SEVERITY ...... 20 TABLE 13. NUMBER AND USE OF AFFECTED SECONDARY STRUCTURES ...... 20 TABLE 14. CONDITION OF AFFECTED SECONDARY STRUCTURES ...... 20 TABLE 15. CONDITION OF AFFECTED SECONDARY STRUCTURES ...... 21 TABLE 16. TYPES OF COMMUNITY STRUCTURES ...... 21 TABLE 17. AHS BY LOSS OF CROPS ...... 22 TABLE 18. AHS BY LOSS OF TREES ...... 22 TABLE 19. AHS BY LOSS OF AND IMPACT ON BUSINESS ...... 23 TABLE 20. VULNERABILITY OF AHS ...... 23 TABLE 21. NUMBER OF IPS PER BARANGAY BY IMPACT AND TENURE STATUS ...... 24 TABLE 22. PROVINCIAL 2015 STATISTIC BY ADMINISTRATIVE UNIT ...... 26 TABLE 23. PROJECT AREA IP POPULATION DISTRIBUTION BY BARANGAY ...... 28 TABLE 24. POPULATION OF PROJECT-AFFECTED MUNICIPALITIES AND BARANGAYS, 2015 ...... 29 TABLE 25. 1ST ROUND OF CONSULTATIONS ...... 33 TABLE 26. 2ND ROUND OF CONSULTATIONS ...... 34 TABLE 27. ISSUES AND CONCERNS RAISED BY APS: 1ST ROUND OF CONSULTATIONS ...... 34 TABLE 28. POPULATION OF ALICIA AND PAYAO BY BARANGAY, 2019 ...... 38 TABLE 29. ISSUES AND CONCERNS RAISED BY APS: 2ND ROUND OF CONSULTATIONS ...... 38 TABLE 30. ROLES AND RESPONSIBILITIES FOR CONSULTATION AND PARTICIPATION ...... 41 TABLE 32. INVOLUNTARY RESETTLEMENT GAP-EQUIVALENCE ANALYSIS ...... 58 TABLE 33. INDIGENOUS PEOPLES GAP-EQUIVALENCE ANALYSIS ...... 61 TABLE 34. COMPENSATION AND ENTITLEMENT MATRIX ...... 66 TABLE 35. CATEGORIES OF AHS WITH FULLY AFFECTED HOUSES ...... 77 TABLE 36. LAND AREA TO BE AWARDED TO THE RELOCATING APS OF PAYAO ...... 80

TABLE 37. DESCRIPTION AND DEVELOPMENT OF RELOCATION SITES IN PAYAO ...... 80 TABLE 38. ESTIMATED COST FOR RESETTLEMENT SITE DEVELOPMENT ...... 80 TABLE 39. SCHEDULE TO DEVELOP RESETTLEMENT SITES...... 81 TABLE 40. LRP BENEFICIARIES ...... 82 TABLE 41. PLANNED INCOME SOURCE AFTER RELOCATION ...... 83 TABLE 42. INTEREST IN SKILLS TRAINING ...... 84 TABLE 43. AVAILABLE SKILLS AND LIVELIHOOD TRAINING IN ALICIA ...... 84 TABLE 44. LIST OF LIVELIHOOD PROGRAMS IN PAYAO ...... 85 TABLE 45. LRP ACTIVITIES AND RESPONSIBLE GROUP ...... 87 TABLE 46. COST ESTIMATES FOR LIVELIHOOD RESTORATION PROGRAM ...... 87 TABLE 47. LRP IMPLEMENTATION SCHEDULE ...... 87 TABLE 48. BUDGET FOR RIPP IMPLEMENTATION ...... 89 TABLE 49. PR13 RIPP IMPLEMENTATION SCHEDULE ...... 94 TABLE 50. SUGGESTED INTERNAL MONITORING INDICATORS ...... 96 TABLE 51. SUGGESTED EXTERNAL MONITORING INDICATORS ...... 99

List of Figures FIGURE 1: SUB-PROJECT LOCATION ...... 10 FIGURE 2: MAP SHOWING RELOCATION SITE IN BRGY. KIMA ...... 78 FIGURE 3: MAP SHOWING RELOCATION SITE IN BRGY. POBLACION ...... 79 FIGURE 4: MAP SHOWING RELOCATION SITE IN BRGY. SILAL ...... 79

iii

EXECUTIVE SUMMARY

1. Background. The Republic of the Philippines has requested the Asian Development Bank (ADB) to finance the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) that has an overarching objective for Region IX to become the Agri-Fisheries Southern Corridor of the Philippines, as part of the Brunei Indonesia Malaysia and the Philippines – East ASEAN Growth Area (BIMP-EAGA). This is a sector project for Mindanao with 9 sub-projects (3 core and 6 non-core sub-projects). With the DPWH as the executing agency (EA), the project is aligned with the impact of strengthened economic and physical linkages in Mindanao that ensures benefits of economic development are shared by all sectors of society. The project outcome will be efficiency and safety of selected sections of the road transport network in Mindanao improved. The following outputs are envisaged; (i) Selected sections of road transport network in Mindanao improved, (ii) Detailed engineering design for improvement of roads in other projects completed, and (iii) Institutional capacity of DPWH in multi-year planning, fiscal accountability, and human resource management strengthened.

2. Description of the sub-project. The road influence covers the three municipalities of Alicia, Siay and Payao. PR13 has a gross length of 35,761.1 m. This RIPP is limited to the upgrading of two sections of PR13 totaling 17,946.7m of works: the remaining 17,814.4m (stations K1761+473.00 to 1768+387.40 and K1781+040 to 1791+940) were upgraded separately by the LGUs and completed in September 2017 and September 2019 as funded by the Department of Interior Local Government (DILG).

3. The road project will follow the existing road alignment. The existing width of the road is approximately 3.5m. The proposed widening will require a newly created 20m right-of-way. Road improvement works include construction of 6.7m carriageway and 1.5m shoulders. The major items of work include (i) Construction of 17,610.0m by 6.70m wide PCC pavement (carriageway) with 1.5m. paved shoulders on both sides; (ii) Construction of two (2) bridges with a total length of 311.8 linear meters and one (1) RCBC; (iii) Construction/improvement of drainage and slope protection structures; and (iv) Construction of miscellaneous structures.

4. Anticipated social safeguard impacts. The above civil works will entail land acquisition that will trigger physical and economic displacement. Specifically, anticipated impacts of the Project will be (i) permanent loss of land along the 20-m ROW, (ii) loss/damage to structures and improvements, (iii) loss of crops and trees, (iv) loss of income/business, (v) increase vulnerability, and (vi) temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and from work sites is also expected, and (vii) resettlement impacts on the IPs/ICCs.

5. Methodologies and minimizing IR impacts. Information on land acquisition impacts was obtained through an inventory of loss survey (IOL), census, parcellary survey (cadastral survey), Independent Property Appraiser (IPA) for the values of affected assets, and DPWH validation. The project road length was reduced from 35,761.1m to 17,946.7m with the 17,814.4m exception covered under Department of Interior and Local Government- Conditional Matching Grant to Provinces of 2017 (DILG- CMGP 2017). The 1st IOL and census were conducted from 08 February to 12 March 2018 based on the reduced project length design of 17,946.7m and 30m road right of way. The IPA computed for the values of affected assets. DPWH followed with validation activities. To minimize involuntary impacts, DPWH reduced the ROW width limit from 30m to 20m but still with road length of 17, 946.7m. A supplementary IOL and census adjustment was undertaken from 28 December 2018 to 05 January 2019 to revise the land acquisition data due to the adjusted ROW width limit. A last round of technical survey was done from June to July 2020 to reconcile markers of road segments consistent with official DPWH records (i) Final Scope of Work (Oct 2019) and (ii) Bid documents (Mar 2020). A social survey validation of loss data was conducted due to reconciliation of markers per

section and to further approximate 100% interviews for the census and livelihood restoration study.

6. Summary of Project Impacts. A total of 237 affected households (AHs) with 1,067 members and 21 government and private institutions will be affected by the acquisition of 358,933m2 of land (equivalent to 64 parcels) located in eight barangays in the municipalities of Alicia, Payao, and Siay Province of Zamboanga Sibugay. The lone affected barangay in Alicia is Concepcion, while the six affected barangays in Payao are: Balungisan, Binangonan, Kima, Kulasian, Poblacion and Silal, and one affected barangay in Siay is Sibuguey.

(i) permanent loss of land. Of the 64 affected parcels of land, 47 plots are agricultural land (129,064m2), 11 plots are public land (225,486m2), and 6 plots residential land (4,383m2). The 47 agricultural plots will be severely affected by loss of 10% or more and this equates to 6 households.

(ii) loss/damage to structures and improvements. a. A total of 399 affected structures owned by 210 AHs (945 APs). b. 197 affected main structures owned by 187 AHs (842 APs); comprised of: - 154 residential structures owned by 151 AHs with 134 severely affected structures owned by 132 AHs; - 32 residential-cum-commercial structures owned by 32 AHs with 31 severely affected structures owned by 31 AHs; and - 11 commercial structures owned by10 AHs with 9 severely affected structures owned by 8 AHs. c. 186 residential and residential cum commercial structures owned by 182 AHs with 162 severely AHs d. 43 commercial and residential commercial structures owned by 40 AHs with 37 severely AHs e. 114 affected secondary structures owned by 78 AHs (351 APs). f. 88 affected community structures.

(iii) loss of agri- crops and trees. 9 AHs will lose 7,988m2 of agri-crops and 21 AHs will lose 22,544 trees.

(iv) loss of income/business. 43 affected businesses (40 severely and 3 marginally affected) owned by 40 AHs with 37 severely AHs.

(v) relocation. 15 relocating AHs to project resettlement site

(vi) increased vulnerability. 125 AHs deemed vulnerable (89 poor, 48 elderly, 38 female household heads and 15 IP household heads).

(vii) resettlement impacts on IPs/ICCs. 15 AHs are members of indigenous cultural communities (ICC). All are vulnerable living within recognized (though not delineated) ancestral domains.

7. Indigenous Peoples. There exist three IP communities within the project sites and these are the Subanon/Subanen, Samal, and Yakan. Aside from the mainstreamed IP HHs that reside in town centers, there are ancestral domain (AD) areas validated by the NCIP. There are 15 affected IP households, including 12 with severely affected houses and 2 with affected businesses.

8. Perceptions of AHs on Project Impacts. AHs perceive positive impacts of the project are (i) progress in town/barangay that includes for job generation and business growth, (ii) clean and beautiful environment, and (iii) reduce incidence of road accidents. Negative impacts

cited are (i) loss of residence or reduction of property, (ii) destruction of the environment - includes air pollution, water loss, siltation, and destruction of plants, and (iii) increased population density. Majority (96%) of those surveyed expressed support for the project.

9. Consultation and Participation. There were two public consultation meetings conducted in preparing the draft RIPP. The first consultation was carried out on 16-29 September 2017 prior to the conduct of census, IOL and SES. The second consultation was conducted on 28 April -02 May 2018 after the completion of appraisal which (1) presented project updates, (2) disclosed revisions to the RIPF and the master list of APs, and (3) formation of Municipal RIC. From 08-10 October 2019, the DPWH RROW team conducted consultation meetings for updating the RIPP.

10. IP Consultation. Presence of IPs was determined through the NCIP validation and earlier DPWH public consultations and SES in the barangays of Alicia and Payao. The FBI Team was constituted to conduct the FBI cum validation consultations from 04-12 September 2018. Consultations with the IP communities were in the presence of their respective IP traditional leaders and barangay leaders as conducted by NCIP staff. Key concerns expressed by the ICCs are: (i) Impacts on the properties of IP households and the need for compensation before construction commences, and (ii) support for the project as a means of improving living standards and access to markets in the project areas. Based on the result of the validation, the CP/Free and Prior Informed Consent (FPIC) was issued on 26 December 2019.

11. Disclosure. DPWH shall submit the following documents for disclosure on ADB’s website: (i) The Draft RIPP as endorsed by DPWH; (ii) Updated RIPP upon (a) finalization of the DED, (b) completion of valuation report by an independent appraiser, and (c) DPWH validation as endorsed by DPWH; (iii) A new or updated RIPP and corrective action plan prepared during project implementation, if needed; and (iv) Quarterly monitoring reports. A localized PR13 PIB was produced and disseminated. Disclosure also included the cut-off date, compensation, livelihood and relocation packages, as well as the needed requirements in processing the compensation..

12. Gender participation needs to be promoted across all project communications. Invitation notices to such meetings should indicate the names of both spouses. Attention should be given to the need for separate women’s meetings on critical issues, such as resettlement and livelihood restoration. The level of women’s participation in meetings should be monitored and consideration given to conducting dedicated meetings for women if participation levels are low.

13. The requirements for consultation and disclosure along with roles of key implementers and stakeholders and timing are provided.

14. Grievance redress mechanism. A project level GRM was developed to receive and resolve project related concerns, complaints, and grievances. Conflicts within affected IP communities will be addressed within the community itself in the context of its customary law and customary dispute resolution process and mechanisms, in the presence of the relevant staff of the NCIP office with jurisdiction over the area, and if so invited, project-related staff and other stakeholders.

15. ADB’s accountability mechanism (May 2012) applies to the project in that those adversely affected by ADB-financed projects may express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguard policies.

16. Legal framework. This RIPP, under the aegis of DPWH, upholds legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements as embodied in the RIPF.

17. Affected Persons and Eligibilities. Project APs are: (i) Persons with formal legal rights to land and structures lost in its entirety or in part; (ii) Persons who have no formal legal rights to such land and/or structures wholly or in part but who have claims to such lands that are recognized or recognizable under national laws; and (iii) Persons who lost the land they occupy in entirety or in part who have neither legal rights nor recognized or recognizable claims to such land. The cut-off date of eligibility for project entitlements is 08 February 2018 the starting date of the census and the IOL of APs. Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

18. Compensation and Entitlements. Entitlements and compensation are determined according to the nature of the impacts. A range of entitlements is provided in a project entitlement matrix per RIPF that covers compensation for land, structures and other improvements, crops, fruit trees, and perennials. Other forms of entitlements are through transportation allowance or assistance, transitional allowances and resettlement assistance prior to displacement, land clearance and commencement of works in any affected areas. Both spouses heading affected households will jointly be invited when compensation is disbursed.

19. Relocation strategy. There are 162 AHs with fully affected houses thus: (i) 66 AHs will move back outside the ROW on unaffected residual land that they own or are permitted to use, (ii) 81 AHs will self-relocate to another location using their compensation, and (iii) 15 landless AHs will relocate to three project resettlement sites to be developed in Payao. LGUs will award the resettlement site plots to eligible APs and DPWH is responsible for site development costs and has overall responsibility for construction quality according to plan.

20. Livelihood restoration program. Eligible to participate in the LRP are (i) those whose livelihoods or productive resources are severely affected, (ii) those whose living standards are otherwise significantly disrupted by being required to physically relocate, or (iii) who are classified as especially vulnerable. A large number of existing livelihood programs/skills training in both municipalities will be extended to LRP beneficiaries. The main service providers are LGU, DA, DSWD, TESDA and a service provider for entrepreneurial development to be engaged by DPWH.

21. RIPP budget. The budget for PR 13 RIPP implementation is PhP 61,909,923 (1,215,421 USD) and is part of government counterpart.

22. Institutional arrangements. The DPWH is the EA for the Project. The overall direction and leadership for implementing the RIPP will be exercised by the Secretary, supported by the Undersecretary of UPMO Operations and other members of the Executive Committee (EXECOM) of the DPWH composed of the Undersecretaries and Assistant Secretaries of the Department.

23. The Roads Management Cluster II, Multilateral, Unified Project Management Office, of DPWH is the overall project management unit. Resettlement activities and land acquisition will be carried out in close coordination with the DPWH Planning Service through its ESSD, RO, DEO, LGUs, NCIP, RIC and all other pertinent agencies and instrumentalities of the government to fully address the impacts of involuntary resettlement.

24. Implementation Schedule. Below table summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RIPP.

vii

Responsible 2020 2021 2022 2023 Activity Agency 2q 3q 4q 1q 2q 3q 4q 1q 2q 3q 4q 1q I. Project Implementation Start of Construction Contractor 30 months II. Preparation of RIPP Implementation Finalization of RIPP DPWH Review of RIPP ADB III. Land Acquisition Notice of Taking Issuance Issuance of Offer Letter DPWH Payments of Compensation and other assistance Clearance of ROW by PAPs IV. Relocation Provision of rental subsidy if housing not ready DPWH Preparation of individual resettlement plots* LGU Provision of water services LGU & SP** Connection of electricity PAPs construct houses AP PAPs move in to houses AP V. Provision of Livelihood Restoration Program Formation of Committee on LRP DPWH, Coordination/MOA with agencies on LRP LGU, others Implementation of LRP Monitoring of LRP DPWH VI. Monitoring of RIPP Implementation Set up Monitoring Agents DPWH Internal Monitoring ESSD External Monitoring EMA * Clearing, levelling, drainage ** SP = Service provider

25. Monitoring and evaluation. There will be two types of monitoring for PR13, the internal and external monitoring. The UPMO in coordination with the ESSD shall establish quarterly monitoring of the RIPP. In turn, UPMO shall report on RIPP Implementation status in their quarterly project progress reports as well as submit a semi-annual monitoring report to ADB. To monitor RIPP compliance, the services of an external monitoring agent (EMA) will be procured by DPWH to provide an independent periodic review and assessment. Disclosure of semi-annual monitoring reports will be made upon submission to ADB and uploading to the ADB website.

26. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities.

viii I. PROJECT DESCRIPTION

A. Background

27. The Republic of the Philippines has requested the Asian Development Bank (ADB) to finance the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) that has an overarching objective for Region IX to become the Agri-Fisheries Southern Corridor of the Philippines, as part of the Brunei Indonesia Malaysia and the Philippines – East ASEAN Growth Area (BIMP-EAGA). Under the Regional Physical Framework Plan (RPFP), the Region is envisioned to become a hub of international trade, with a globally competitive economic and free trade zone. The Plan objectives include: improved physical, economic and social access for people living in less developed areas; increased agricultural production and productivity; and increased industrial production.

28. IGCMRSP is envisaged to (i) increase economic growth in Mindanao, by opening and improving national roads; (ii) support the government’s agenda for Mindanao in the PDP 2017- 2022; (iii) support the key objective of ADB’s strategy for the Philippines of helping the country achieve high, inclusive, and sustainable growth; (iv) improve the delivery of infrastructure services as well as investing in physical assets, in line with ADB’s Strategy 2020; (v) support regional cooperation and integration by contributing to the implementation of the ASEAN Highway and BIMP-EAGA Priority Infrastructure Projects; (vi) support ADB’s Sustainable Transport Initiative by addressing climate change and road safety; (vii) contribute to ensuring resilience in road infrastructure development in Mindanao; and (viii) increase the Department of Public Works and Highways’ (DPWH) capacity, including in ADB Safeguards and in procurement.

29. This is a sector project for Mindanao with 9 sub-projects (3 core and 6 non-core sub- projects). With the DPWH as the executing agency (EA), the project is aligned with the impact of strengthened economic and physical linkages in Mindanao that ensures benefits of economic development are shared by all sectors of society. The project outcome will be efficiency and safety of selected sections of the road transport network in Mindanao improved.

30. The following outputs are envisaged; (i) Selected sections of road transport network in Mindanao improved, (ii) Detailed engineering design for improvement of roads in other projects completed, and (iii) Institutional capacity of DPWH in multi-year planning, fiscal accountability, and human resource management strengthened.

B. Description of the Sub-project

31. The proposed PR13 is one of the 9 sub-projects under IGCMRSP and covers the three municipalities of Alicia, Siay and Payao within the province of Zamboanga Sibugay. PR13, Siay-Gapol Road, Zamboanga Sibugay, lies on the eastern portion of Zamboanga Sibugay beginning at K1761+473.00 in front of Phoenix Gasoline Station. It is a road improvement subproject that aims to upgrade the existing provincial/ municipal roads to standard specifications of a national secondary road. Figure 1 shows the location of PR13.

32. The road section will travel south from the beginning location traversing the towns of Siay and Payao, and will terminate at the town of Alicia at K1797+234.10. There is an inaccessible gap that stretches from the Payao up to the end of the alignment in Alicia.

Figure 1. Sub-project Location

33. The National Economic and Development Authority (NEDA) Regional Development Council-Infrastructure Committee on 31 August 2017 decided to exclude road sections in Siay and Payao of PR 13. The 17,814.4m exception comprised of 6,914.40m road section in Siay which was completed in September 2017 and 10,900m road section in Payao completed in September 2019. The exceptions were funded by the Department of Interior and Local Government-Conditional Matching Grant to Provinces of 2017 (DILG-CMGP 2017) and not through DPWH. On 23 October 2019, after the ADB Mid Term Review Mission, DPWH issued an official notice – Final Scope of Works for Tendering of Non-Core Projects – excluding the LGU-led segments. The ADB-covered segments are therefore treated as independent of the LGU-led projects that were completed in September 2017 and September 2019. The remaining stretch of road sections that will be included for construction under ADB funds are as follows:

(i) K1768+387.40 to 1781+040.00 (net length inclusive of Binangonan Bridge, Kima Bridge); and (ii) K1791+940.00 to K1797+234.10 (net length inclusive of Taba RCBC).

34. This RIPP is limited to the upgrading of two sections of PR13 totaling 17,946.7m of works (See Appendix 1: Final Scope of Works for Tendering of Non-Core). The remaining 17,814.4m (stations K1761+473.00 to 1768+387.40 and K1781+040 to 1791+940) have been

completed separately by the Siay and Payao LGUs through DILG funds and are not included in this subproject.1 Table 1. PR 13 Covered Sections Station PR13 Length ADB Funded Remarks Start End (m) (m) Exception; undertaken by Siay LGU, K1761+473.00 K1768+387.40 6,914.4 0.0 not part of the project Binangonan Bridge (Sibugey, Siay - K1768+387.40 K1768+668.30 280.9 Binangonan, Payao) K1768+668.30 K1781+040 12,652.6 Included for civil works (Bgy. 12,371.7 Binagonan, Kulasian, Kima, Silal, K1768+387.40 K1781+040 Poblacion) Exception; undertaken by Payao K1781+040 K1791+940 10,900.0 0.0 LGU, not part of the project Included for civil works (Balungisan, K1791+940 K1794+011.223 2,071.2 Payao) 5,294.1 Included for civil works (Concepcion, K1794+011.223 K1797+234.10 3,222.9 Alicia) TOTAL 35,761.1 17,946.7

C. Civil Works to be conducted

35. New Portland cement concrete pavement (PCCP) will be laid out for the entire road section. The major items of work include:

(i) Construction of 17,610.0m by 6.70m wide PCC pavement (carriageway) with 1.5m. paved shoulders on both sides; (ii) Construction of two (2) bridges with a total length of 311.80 linear meters and one (1) RCBC; (iii) Construction/improvement of drainage and slope protection structures; and (iv) Construction of miscellaneous structures.

36. The road project will follow the existing road alignment where the existing width is 3.5m proposed for widening to 20m right-of-way inclusive of 6.7m carriageway and 1.5m shoulders.

D. Measures Adopted to Minimize Involuntary Resettlement Impacts

37. Resettlement impacts have been minimized by utilizing existing alignment and minimizing the right-of-way (ROW) width to 20m form the earlier proposed 30m. The standard minimum ROW width for national roads is 20m (Appendix 2: DPWH Letter on 20-m ROW Limit. This was subject to consultations with relevant stakeholders during project preparation and appropriate technical investigation for the project.

E. Anticipated Social Safeguard Impacts

38. PR13 will involve road improvements to include widening and slope protection that will require acquisition of private lands. Land acquisition will trigger physical and economic displacement. As such, the IR impacts of the Project will be (i) permanent loss of land along

1 The section km 1761+473 – km 1768+387.40 in Siay municipality commenced construction 14 May 2014 and was completed 13 November 2014. The section km 1781+040 - km 1791+940 in Payao municipality commenced construction 17 May 2017 and was completed 14 April 2018. The works in these sections were road maintenance works. The works in those sections followed the existing road alignment within the existing road width of approximately 6.1m with no shouldering and drainage facilities. Accordingly, there were no involuntary resettlement impacts associated with these works.

the 20-m ROW, (ii) loss/damage to structures and improvements, (iii) loss of crops and trees, (iv) loss of income/business, (v) increase vulnerability, and (vi) temporary loss or disruption of land use or other assets during construction works particularly the movement of construction materials to and from work sites is also expected, and (vii) resettlement impacts on the IPs/ICCs.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Methodology of the Surveys

39. Information on land acquisition impacts was obtained through an inventory of loss survey (IOL), census, parcellary survey (cadastral survey) and DPWH validation. The IOL and census were initially conducted from 08 February to 12 March 2018 based on the project length of 17,946.7m and 30m road right of way. The Independent Property Appraiser (IPA) computed for the values of affected assets. DPWH followed with validation activities. To minimize involuntary impacts, DPWH reduced the ROW width limit. Subsequently, the final length and ROW width of the project was 17, 946.7m and 20m.

40. A supplementary IOL and census adjustment was undertaken from 28 December 2018 to 05 January 2019 to revise the land acquisition data due to the adjusted ROW width limit. Prior to the conduct of survey activities, it was decided to exclude road sections in Siay and Payao on 31 August 2017 during the National Economic and Development Authority (NEDA) Regional Development Council- Infrastructure Committee Meeting. Thus, the project road length was reduced from 35,761.1m to 17,946.7m. The 17,814.4m exception is covered under Department of Interior and Local Government- Conditional Matching Grant to Provinces of 2017 (DILG- CMGP 2017).2

41. A last round of technical survey was done from June to July 2020 to reconcile markers of road segments consistent with official DPWH records (i) Final Scope of Work (Oct 2019) and (ii) Bid documents (Mar 2020). A social survey validation of loss data was conducted due to reconciliation of markers per section and to further approximate 100% interviews for the census and livelihood restoration study.

42. Details obtained from the census and IOL contain the names and key information of affected households and enumeration of all assets that are within the scope of the ROW, including productive and residential land, housing structures, business establishments, other miscellaneous non-land assets (secondary structures, trees/crops) as well as impacts on livelihoods. Following the household interview, a tag sticker containing control number, date when the interview was conducted and the name of enumerator – was affixed to the front of the affected structure. A photograph of the household and owner, whenever possible, was also taken.

43. The preliminary and final parcellary survey reports was also used as reference to establish ownership of the affected lots. The ROW Land Data Matrix in Appendix 3. DPWH Validated entitlements for land, structures, crops and trees within 20m ROW limit shows the names of the claimant, lot number, survey number, lot area, affected area, etc.

B. Summary of Project Impacts

44. A total of 237 AHs (1,067 persons) and 21 government and private institutions will be impacted by the acquisition of 358,933m2 of land (equivalent to 64 parcels) located in eight barangays in the municipalities of Alicia, Payao and Siay, Province of Zamboanga Sibugay. The lone affected barangay in Alicia is Concepcion, while the six affected barangays in Payao are: Balungisan, Binangonan, Kima, Kulasian, Poblacion and Silal, and one affected barangay in Siay is Sibuguey.

(viii) permanent loss of land. Of the 64 affected parcels of land, 47 plots are agricultural land (129,064m2), 11 plots are public land/road (225,486m2), and 6

2 See also footnote 1 in chapter 1 for further details of the works in the excluded sections of Siay and Payao.

plots residential land (4,383m2). The 47 agricultural plots will be severely affected by loss of 10% or more and this equates to 6 households. (ix) loss/damage to structures and improvements. a. A total of 399 affected structures owned by 210 AHs (945 APs). b. 197 affected main structures owned by 187 AHs (842 APs); comprised of: - 154 residential structures owned by 151 AHs with 132 severely AHs - 32 residential-cum-commercial structures owned by 32 AHs with 31 severely AHs - 11 commercial structures owned by10 AHs with 8 severely AHs c. 186 residential and residential cum commercial structures owned by 182 AHs with 162 severely AHs d. 43 commercial and residential commercial structures owned by 40 AHs with 37 severely AHs e. 114 affected secondary structures owned by 78 AHs (351 APs). f. 88 affected community structures. (x) loss of agri- crops and trees. 9 AHs will lose 7,988m2 of agri-crops and 21 AHs will lose 22,544 trees. (xi) loss of income/business. 43 affected businesses (40 severely and 3 marginally affected) owned by 40 AHs with 37 severely AHs. (xii) relocation. 15 relocating AHs to project resettlement site (xiii) increased vulnerability. 125 AHs deemed vulnerable (89 poor, 48 elderly, 38 female household heads and 15 IP household heads). (xiv) resettlement impacts on IPs/ICCs. 15 AHs are members of indigenous cultural communities (ICC). All are vulnerable living within recognized (though not delineated) ancestral domains.

45. The summary of impacts is presented in Table 2 below.

Table 2. Subproject Summary of Impacts Loss Category Unit Quantity Total affected households HH 237 Affected persons AP 1,067 Affected government and private institutions Unit 21 Loss of land m2 358,933 Total affected parcels of land Unit 64 AHs by loss of land AH 30 APs by loss of land AP 135 Affected agricultural land m2 129,064 Affected parcels of land Unit 47 AHs by loss of land AH 30 Severely AHs by loss of land AH 6 APs by loss of land AP 135 Affected residential land m2 4,383 Affected parcels of land Unit 6 AHs by loss of land AHs 3 APs by loss of land AP 14 Affected government and private institutional lands m2 225,486 Affected parcels of land Unit 11 Affected government and private institutions Unit 3 Total loss of structures Unit 399 AHs by loss of structures HH 210 APs by loss of structures APs 945 Loss of main structures Unit 197 AHs by loss of main structures HH 187

Loss Category Unit Quantity APs by loss of main structures AP 842 Loss of residential structures Unit 154 AHs by loss of residential structures HH 151 AHs by severe loss of residential structures HH 132 Loss of residential-cum-commercial structures Unit 32 AHs by loss of residential-cum-commercial structures HH 32 AHs by severe loss of residential-cum-commercial structures HH 31 Loss of commercial structures Unit 11 AHs by loss of commercial structures HH 10 AHs by severe loss of commercial structures HH 8 Loss of secondary structures HH 114 AHs by loss of secondary structures HH 78 APs by loss of secondary structures AP 351 Affected community structures Unit 88 Affected land under crop cultivation m2 7,988 AHs by loss of agri-crops HH 9 Affected trees Unit 22,544 AHs by loss of trees HH 21 Affected business income Unit 43 AHs by loss of business income HH 40 AHs by severe loss of business income HH 37 AHs for relocation (resettlement site) HH 15 Vulnerable households HH 125 Poor household (PSA 2018 thresholds) HH 89 Household with elderly household head >60 HH 48 Household with female household head HH 38 IP household head HH 15

1. Impact on land

46. The Siay-Gapol Road measures 17,946.7m long and will follow the existing alignment. Land is to be acquired for: (i) construction of 17,947m road at 6.70m width PCCP pavement and 1.5m paved shoulders on both sides; (ii) construction of two bridges and one RCBC; (iii) construction/ improvement of drainage and slope protection structures; and (iv) construction of miscellaneous structures. The total land area is 27,562,769 m2 covering the 8 affected barangays and the total area to be acquired for the project is 358,933 m2, of which 63% or 225,486 m2 are public land and 37% private. The existing road (62,813 m2) is comprised of private and public lands traversing the 8 affected barangays of the three affected municipalities. The below table provides details of the project components requiring land acquisition and affected areas/barangays.

Table 3. Land Acquisition Requirements by Location Municipality/ Total area to be acquired Affected area excluding Existing road area* (m2) Barangay (m2) existing road (m2) Private Public Total Private Public Total Private Public Total Alicia 0 64,458 64,458 0 11,280 11,280 0 53,178 53,178 Concepcion 0 64,458 64,458 0 11,280 11,280 0 53,178 53,178 130,77 161,02 291,80 107,89 132,84 240,74 Payao 22,886 28,180 51,066 9 8 7 3 8 1 Balungisan 0 41,424 41,424 0 7,249 7,249 0 34,175 34,175 Binangonan 6,939 14,494 21,433 1,214 2,536 3,751 5,725 11,958 17,682

Kima 12,987 15,061 28,048 2,273 2,636 4,908 10,714 12,425 23,140 Kulasian 98,126 779 98,905 17,172 136 17,308 80,954 643 81,597 Poblacion 0 17,901 17,901 0 3,133 3,133 0 14,768 14,768 Silal 12,727 71,369 84,096 2,227 12,490 14,717 10,500 58,879 69,379 Siay 2,668 0 2,668 467 0 467 2,201 0 2,201 Sibuguey 2,668 0 2,668 467 0 467 2,201 0 2,201 133,44 225,48 358,93 110,09 186,02 296,12 Total 23,353 39,460 62,813 7 6 3 4 6 0 Percentage 37% 63% 100% 37% 63% 100% 37% 63% 100% *based on the average road width of 3.5m

47. Table 4 reveals that the required 358,933m2 is divided into 64 parcels of land belonging to or being utilized/occupied by 30 AHs. The affected area for land acquisition is classified as agricultural amounting to 129,064m2 (36%), residential at 4,383m2 (1%), and public land (mineral and forest land) with 225,486m2 (63%). Six (6) AHs will lose 10% or more of agricultural land and no AHs will be left with residential plots that are unviable for continued use. Commercial and institutional lands will not be affected by the project.

Table 4. AHs by Loss of Land Municipality/ Land Area (m2) AHs (n) Number of Lots Barangay Total Affected Remaining Total Severe Total Agricultural Residential Public Alicia 12,621,540 64,458 12,557,082 0 0 1 0 0 1 Concepcion 12,621,540 64,458 12557082 0 0 1 0 0 1 Payao 45,127,206 291,807 44,835,399 29 7 62 46 6 10 Balungisan 5,819,783 41,424 5778359 0 0 1 0 0 1 Binangonan 2,554,856 21,433 2,533,423 4 1 12 6 2 4 Kima 8,987,629 28,048 8,959,581 9 2 17 13 3 1 Kulasian 15,696,119 98,905 15,597,214 16 4 28 26 1 1 Poblacion 5,059,400 17,901 5041499 0 0 1 0 0 1 Silal 7,009,419 84,096 6,925,323 0 0 3 1 0 2 Siay 132,260 2,668 129,592 1 1 1 0 0 Sibuguey 132,260 2,668 129,592 1 0 1 1 0 0 Total 57,881,006 358,933 57,522,073 30 7 64 47 6 11

48. Agricultural lands. Table 5 shows that about 47 parcels of agricultural land being utilized by 30 HHs will be affected, totaling 129,064m2. Of the 47 parcels, 7 as utilized by 6 HHs will be severely affected with loss of 10% or more from their original land areas. Save for 1 AH in Kulasian, Payao, the remaining portions of all affected agricultural plots are economically viable with most households owning more than one parcel. More than half of the affected parcels (26 units) have proof of ownership, while the remaining 21 do not.

Table 5. Severity of Agricultural Land Affected agri land Severity of impact Total area of Remaining Municipality/ agri land Severely # of severely # of viable agri Barangay Total area # of # of % (m2) affected land affected lots severely land (m2) (m2) plots AHs Severity (m2) (n) AHs Alicia 0 0 0 0 - 0 0 0 0 Concepcion 0 0 0 0 - 0 0 0 0 Payao 14,397,917 126,396 46 29 5.37% 6,792 7 6 119,604 Balungisan 0 0 0 0 - 0 0 0 0 Binangonan 153,163 5,070 6 4 53.63% 2,719 1 0 2,351 Kima 177,372 10,619 13 9 6.01% 638 2 2 9,981

Affected agri land Severity of impact Total area of Remaining Municipality/ agri land Severely # of severely # of viable agri Barangay Total area # of # of % (m2) affected land affected lots severely land (m2) (m2) plots AHs Severity (m2) (n) AHs Kulasian 13,085,959 97,980 26 16 3.51% 3,435 4 4 94,545 Poblacion 0 0 0 0 - 0 0 0 0 Silal 981,423 12,727 1 0 - 0 0 0 12,727 Siay 132,260 2,668 1 1 - 0 0 0 2,668 Sibuguey 132,260 2,668 1 1 - 0 0 0 2,668 Total 14,530,177 129,064 47 30 5.26% 6,792 7 6 122,272

49. Residential lands. Only 6 parcels of residential lands belonging to 3 AHs of Binangonan, Kima, and Kulasian, Payao amounting to 43,558m2 were documented (Table 6). The six residential parcels will incur loss of 10% (4,383m2) but still have remaining viable land for residential purposes (39,175 m2).

Table 6. Severity of Residential Land AH Total residential land Affected residential Remaining % Barangay # area (m2) land (m2) (m2) severity Payao 1 4,979 1,707 3,272 34% Binangonan 2 4,347 162 4,185 4% 3 6,962 748 6,214 11% Kima - 3,085 1,138 1,947 37% - 21,943 482 21,461 2% Kulasian - 2,242 146 2,096 7% Total 43,558 4,383 39,175 10%

50. Public lands. There are 11 parcels of affected public land totaling 225,486m2 computed at 0.5% of the total area of 43,307,271m2. The affected public lands are categorized as follows (Table 7): 3 mineral lands (123,783m2), 3 forest lands (30,334m2) and 1 combination of mineral and forest land (71,369m2). The table below shows the affected public land and percent severity per public land type.

Table 7. Severity of Public Land Municipality/ Affected Total land Affected Severity Type of Claimant Barangay land (n) area (m2) land (m2) (%) public land Alicia 1 12,621,540 64,458 0.5% Concepcion 1 12,621,540 64,458 0.5% Mineral Malangas Coal Mine Reservation Payao 10 30,685,731 161,028 0.5% Balungisan 1 5,819,783 41,424 0.7% Mineral Malangas Coal Mine Reservation Binangonan 4 2,392,367 14,494 0.6% Forest Public Land Kima 1 8,778,267 15,061 0.2% Forest Unclassified Public Forest Kulasian 1 2,607,918 779 0.0% Forest Public Land Poblacion 1 5,059,400 17,901 0.4% Mineral Malangas Coal Mine Reservation Forest/ Unclassified Public Forest/ Malangas Silal 2 6,027,996 71,369 1.2% Mineral Coal Mine Reservation Total 11 43,307,271 225,486 0.5%

2. Impacts on structures

51. Out of a total 399 structures belonging to 210 AHs, 360 units (90%) are found in Payao as against 39 (10%) in Alicia. Almost half (154 units) are located in Kima, Payao. The affected structures are classified as: (i) 197 main structures (49%) of which 154 are strictly residential, 32 combined residential-commercial and 11 purely commercial, (ii) 114 secondary structures (29%), and (iii) 88 community structures (22%). Secondary structures are not moveable and not part of the main structures, such as fences and driveways. Community-owned structures include a wide range of facilities, such as places of worship, community-operated schools, bathing and washing places, community centers, fishponds, and wells (ADB IR Source Book, 2012). Table 8 provides the breakdown.

Table 8. Loss of Structures Type of Structures Total Municipality/ Main Structures Secondary Community Affected AHs Barangay Purely Residential- Commercial Total Main Structures Structures Structures Residential Commercial Only Structures Alicia 21 2 0 23 9 7 39 26 Concepcion 21 2 0 23 9 7 39 26 Payao 133 30 11 174 105 81 360 184 Balungisan 11 0 0 11 1 0 12 11 Binangonan 4 1 2 7 1 1 9 7 Kima 47 14 4 65 51 38 154 66 Kulasian 34 6 1 41 18 11 70 44 Poblacion 13 1 1 15 6 14 35 16 Silal 24 8 3 35 28 17 80 40 Siay 0 0 0 0 0 0 0 0 Sibuguey 0 0 0 0 0 0 0 0 Total 154 32 11 197 114 88 399 210

52. Main structures. Still with reference to Table 8, there are 197 main structures (154 solely residential, 32 residential-cum-commercial and 11 purely commercial) owned by 187 AHs. There are AHs owning more than one structures. Barangay Kima in Payao has the most number of affected main structures. Most (83%) main structures are made of semi-light materials, while some (15%) are semi – permanent and 3% of permanent condition.

53. Residential structures. Of the 197 affected main structures, 154 are purely residential (Table 9). The total area of the 154 residential structures is 6,013m2 and affected area amounts to 4,932m2 as occupied by 151 AHs or 680 persons.

Table 9. AHs by Loss of Residential Structures and Severity Affected Residential Structures Severity of impact Municipality/ No. of Affected Total area Affected No. of Barangay AHs % Severity No. of AHs structures (n) (m2) area (m2) structures Alicia 21 21 664 656 99% 21 21 Concepcion 21 21 664 656 99% 21 21 Payao 130 133 5,349 4,276 80% 113 111 Balungisan 11 11 378 360 95% 10 10 Binangonan 4 4 159 98 62% 3 3 Kima 45 47 1,801 1,561 87% 42 41 Kulasian 33 34 1,627 1,182 73% 25 24 Poblacion 13 13 498 498 100% 13 13 Silal 24 24 886 578 65% 20 20 Siay 0 0 0 0 - 0 0 Sibuguey 0 0 0 0 - 0 0

Total 151 154 6,013 4,933 82% 134 132

54. Residential-cum-Commercial structures. Of the 197 affected main housing structures, 32 units are residential-commercial structures (Table 10). The total area of the 32 residential-cum-commercial structures is 1,523 m2 and affected area amounts to 1,276 m2 as occupied by 32 AHs or 144 persons.

Table 10. AHS by Loss of Residential-cum-Commercial Structures Severity Affected Residential- cum- Severity of impact Municipality/ No. of Commercial Structures Barangay AHs Affected Total Affected % No. of No. of structures (n) area (m2) area (m2) Severity structures AHs Alicia 2 2 95 95 100% 2 2 Concepcion 2 2 95 95 100% 2 2 Payao 30 30 1,428 1,181 83% 29 29 Balungisan 0 0 0 0 - 0 0 Binangonan 1 1 37 35 92% 1 1 Kima 14 14 622 569 91% 14 14 Kulasian 6 6 386 213 55% 5 5 Poblacion 1 1 53 53 100% 1 1 Silal 8 8 330 311 94% 8 8 Siay 0 0 0 0 - 0 0 Sibuguey 0 0 0 0 - 0 0 Total 32 32 1,523 1,276 84% 31 31

55. Of the 182 AHs by loss of residential and residential-cum-commercial, 162 severely AHs do not possess legal rights to the land where their structures are built (Table 11). They built houses on land that has legal tenure owned by others and for which the AH does not have legal rights (e.g. land belonging to a family member). Based on DPWH validation, 147 of these AHs own alternative land and 15 are landless. The 15 landless households will be provided with a resettlement site plot.

Table 11. Land Tenure Status of AHs with Severely Affected Houses Municipality/Barangay No. of AHs Not landowner No alternative land With alternative land Alicia 23 23 0 23 Concepcion 23 23 0 23 Payao 139 139 15 124 Balungisan 10 10 0 10 Binangonan 4 4 0 4 Kima 54 54 5 49 Kulasian 29 29 0 29 Poblacion 14 14 2 12 Silal 28 28 8 20 Total 162 162 15 147 Percent 100% 100% 9% 91%

56. Commercial structures. Of the 197 affected main structures, there are 11 purely commercial structures (Table 12). The total area of the 11 commercial structures is 243 m2 and affected area amounts to 212 m2 as occupied by 10 AHs or 45 persons.

Table 12. AHs by Loss of Commercial Structures and Severity Loss of Commercial Structures Severity Municipality/ AHs (n) Affected Total area Affected % No. of No. of Barangay structures (n) (m2) area (m2) Severity structures AHs Alicia 0 0 0 0 - 0 0 Concepcion 0 0 0 0 - 0 0 Payao 10 11 243 212 87% 9 8 Balungisan 0 0 0 0 - 0 0 Binangonan 1 2 111 111 100% 2 1 Kima 4 4 55 36 65% 3 3 Kulasian 1 1 12 0 2% 0 0 Poblacion 1 1 14 14 100% 1 1 Silal 3 3 51 51 100% 3 3 Siay 0 0 0 0 - 0 0 Sibuguey 0 0 0 0 - 0 0 Total 10 11 243 212 87% 9 8

57. Secondary structures. There are 114 affected secondary structures owned by 78 AHs wherein barangay Kima has the highest percentage of affected secondary structures amounting to 51 structures (45%). Table 13 shows that the top three secondary structures are (i) 39% for dryer/flooring/pathway; (ii) 24% of fence/garage/gate/wall; and (iii) 12% for cooking/ laundry area/septic/toilet. The least is 3% for bench/chair/plant box/stairs. These structures mostly are of light and temporary materials (96% or 110 units), 3% semi-permanent and 1% permanent (Table 14).

Table 13. Number and Use of Affected Secondary Structures Use of Structures Total Municipality/ structure Bench/ Cooking/ Deep well/ Dryer/ Fence/ Storage/stock Barangay (n) plant box/ laundry area/ faucet/pump/ flooring/ garage/ house/ Others stairs septic/toilet water tank pathway gate/wall warehouse Alicia 9 0 1 1 3 0 0 4 Concepcion 9 0 1 1 3 0 0 4 Payao 105 3 13 5 42 27 6 9 Balungisan 1 0 0 0 0 0 0 1 Binangonan 1 0 1 0 0 0 0 0 Kima 51 0 7 4 25 9 3 3 Kulasian 18 3 0 0 6 7 0 2 Poblacion 6 0 1 1 1 1 2 0 Silal 28 0 4 0 10 10 1 3 Total 114 3 14 6 45 27 6 13 Percent 100% 3% 12% 5% 39% 24% 5% 11%

Table 14. Condition of Affected Secondary Structures Municipality/ Secondary Structures Barangay Permanent Semi-permanent Others (concrete, shanty, wood, etc.) Total Alicia 0 1 8 9 Concepcion 0 1 8 9 Payao 1 2 102 105 Balungisan 0 0 1 1 Binangonan 0 0 1 1 Kima 1 2 48 51 Kulasian 0 0 18 18 Poblacion 0 0 6 6

Municipality/ Secondary Structures Barangay Permanent Semi-permanent Others (concrete, shanty, wood, etc.) Total Silal 0 0 28 28 Total 1 3 110 114 Percent 1% 3% 96% 100%

58. Community structures. Of the 88 affected community structures, barangay Kima has the highest number of affected structures with 38 units. Most of the structures are public structures3 (68 structures representing 77%) while the remaining 20 or 23% are privately- owned. Almost all affected community structures (97%) are severely affected.

Table 15. Condition of Affected Secondary Structures Affected Private Public Municipality/ community Severely Marginally Severely Marginally Barangay structures (n) affected affected affected affected Alicia 7 0 0 7 0 Concepcion 7 0 0 7 0 Payao 81 19 1 59 2 Binangonan 1 1 0 0 0 Kima 38 6 0 30 2 Kulasian 11 1 1 9 0 Poblacion 14 1 0 13 0 Silal 17 10 0 7 0 TOTAL 88 19 1 66 2 Percent 100% 22% 1% 75% 2%

59. Table 16 below summarizes the identified community structures per barangay. The list includes among others, a barangay hall, day care center, school building, chapel/church, mosque, etc.

Table 16. Types of Community Structures Use of Structures

Electric/ Lamp post Lamp Electric/ etc. house, O Shed Waiting Shed/ tank Water Pump/ well/ Faucet/ Deep Landmark Directory/ Pathway Flooring/ Dryer/ Mosque Church/ Chapel/ Stairs box/ Plant Chair/ Bench/ Wall Gate/ Fence/ Garage/ Center Hall/ Health Center Hall/ Brgy Riprap Irrigation/ Bridge/ Canal/ class (building/ School house Ware Storage/

utpost, guard utpost,

room)

Total

Municipality/

Barangay

Alicia 0 0 1 6 0 0 0 0 0 0 0 0 0 7 Concepcion 0 0 1 6 0 0 0 0 0 0 0 0 0 7 Payao 19 19 16 3 6 6 3 2 2 2 1 1 1 81 Binangonan 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Kima 19 2 6 0 3 3 1 1 1 1 0 1 0 38 Kulasian 0 2 1 2 1 2 1 0 0 1 1 0 0 11 Poblacion 0 13 1 0 0 0 0 0 0 0 0 0 0 14 Silal 0 2 7 1 2 1 1 1 1 0 0 0 1 17 TOTAL 19 19 17 9 6 6 3 2 2 2 1 1 1 88

3 “Private” community-owned structures are community-owned structures that are privately owned. For example, a mosque or a well which is privately-owned and being used by the community.

60. A barangay resolution is executed authorizing Punong Barangay (barangay captain) to receive the compensation for the restoration of the affected community-owned structures that are publicly owned (See Appendix 4.1: Barangay Resolution Authorizing the Punong Barangay (Barangay Captain) to Receive the Compensation for the Restoration of the Affected Community-owned Structures). The barangay officials are responsible for the demolition and arranging for rebuilding of the structures. In the case of privately-owned community structures, the owners will receive the compensation and are responsible for rebuilding the structures. In case the barangay needs assistance in rebuilding the affected structures, DPWH will provide the required assistance.

3. Impacts on agri-crops and trees

61. A total of 9 AHs will lose 7,988m2 of agri-crops largely planted to banana, rice, corn, pineapple, rootcrops (gabi) and others, and 21 AHs will lose 22,544 trees (such as rubber, gmelina, bamboo, coconut and malunggay). Tables 17 and 18 below show that barangay Kulasian has the highest loss for crops (26%) and for trees at 56%. There are trees and crops planted on public land (mineral and forest land) belonging to institutions like the Malangas Coal Mining Concession that operates in 4 of the affected barangays. These were inventoried, validated and allocated with compensation should claimants surface during implementation.

Table 17. AHs by Loss of Crops Affected Agri-Crops (m2) Barangay AH Total Institutions* Pineapple Rice Taro Corn Eggplant Others Concepcion 1 8 - 1 1,118 1 41 1,169 Balungisan 1 5 1,095 2 150 3 11 1,266 Binangonan 3 2 1,120 - - 320 - 2 1,442 Kima 2 0 480 480 Kulasian 4 3 967 164 320 6 321 306 2,084 Poblacion 1 1 1 Silal 3 7 1,373 2 164 1,546 TOTAL 9 11 2,108 1,739 1,696 1,594 327 524 7,988 * With double counting

Table 18. AHs by Loss of Trees Affected Forest/fruit trees/Other forest products (n) Barangay AH Total Institutions* Banana Coconut Rubber Bamboo Malunggay Others Concepcion 1 379 300 228 26 1 120 1,054 Balungisan 1 246 221 229 248 - 52 996 Binangonan 5 3 3,078 5 33 - 56 3,172 Kima 2 2 160 126 52 4 330 94 766 Kulasian 14 3 10,913 674 320 166 467 12,540 Poblacion 1 47 96 101 107 351 Silal 3 1,576 924 264 501 2 398 3,665 TOTAL 21 14 16,399 2,346 1,126 880 499 1,294 22,544 * With double counting

4. Impacts on income / business

62. There are 43 affected businesses owned by 40 AHs (Table 19). Out of the 43 affected businesses, 40 are severely affected (consisting of 9 stand alone businesses and 31 house- cum-shops) owned by 37 AHs. The vast majority (88%) are variety stores/shops commonly known as “sari-sari” stores. Forty-two percent (18 businesses) are in barangay Kima. As for the loss of productive assets, 40 businesses (37 AHs) are severely affected as against 7%

that are marginal. Eighty-eight percent (88%) or 38 businesses would be permanently affected, 12% temporary. Permanent impacts require not only compensation and transitional assistance but also necessitate provision for income restoration measures. Two employees (laborer/caretaker) are employed in the affected sawmills.

Table 19. AHs by Loss of and Impact on Business Affected Business Nature of Impact

Barber office Commercial Sari Sawmill Total Affected Severely Affected Marginally Affected Permanently Affected Temporarily

Total Affected sari

Municipality/ Total

space

Businesses shop

Barangay AHs (n) (n) store

Alicia 2 2 0 0 2 0 2 2 0 2 0 Concepcion 2 2 0 0 2 0 2 2 0 2 0 Payao 41 38 1 2 36 2 41 38 3 36 5 Balungisan 0 0 0 0 0 0 0 0 0 0 0 Binangonan 3 2 0 0 1 2 3 3 0 3 0 Kima 18 17 1 1 16 0 18 17 1 16 2 Kulasian 7 7 0 1 6 0 7 5 2 4 3 Poblacion 2 2 0 0 2 0 2 2 0 2 0 Silal 11 10 0 0 11 0 11 11 0 11 0 Siay 0 0 0 0 0 0 0 0 0 0 0 Sibuguey 0 0 0 0 0 0 0 0 0 0 0 Total 43 40 1 2 38 2 43 40 3 38 5 Percent 2% 5% 88% 5% 100% 93% 7% 88% 12%

5. Vulnerable Households

63. Vulnerable households, as defined in this RIPP, refer to households headed by women with dependents; households headed by the elderly; households having members who are person with disabilities (PWDs); households whose income fall below the recognized poverty line; landless households; and indigenous peoples. Vulnerable persons are those who will most likely experience more difficulties restoring their living conditions when physically or economically displaced and coping with transition if not provided with appropriate support and assistance.

64. A total of 125 AHs were identified as vulnerable (Table 20), many of whom are considered poor (47%), followed by the elderly (25%), female household head (20%) and IP (8%). It will be noted that some HHs have multiple indicators of vulnerability. The poor are those who are below the recognized poverty line. The annual per capita poverty threshold in Zamboanga Sibugay is PhP 22,991.4 Section 6 is dedicated to indigenous peoples as affected and vulnerable households.

Table 20. Vulnerability of AHs Vulnerability Vulnerable AHs Municipality/ Barangay Poor Elderly FHH IP Total Instances Total % Alicia 8 5 5 2 20 11 9% Concepcion 8 5 5 2 20 11 9% Payao 81 43 33 13 170 114 91% Balungisan 8 2 0 2 12 8 6%

4 The poverty data indicated in the table above (Table 20) is based on Official Poverty Statistics of the Philippines, Philippines Statistics Authority, 2015 and will be updated prior to implementation (see paragraphs 95 and 102).

Binangonan 6 2 0 0 8 6 5% Kima 27 15 9 2 53 37 30% Kulasian 16 11 9 4 40 25 20% Poblacion 4 5 4 0 13 10 8% Silal 20 8 11 5 44 28 22% Siay 0 0 0 0 0 0 0% Sibuguey 0 0 0 0 0 0 0% Total 89 48 38 15 190 125 100% Percent 47% 25% 20% 8% 100%

6. Indigenous Peoples

65. There are 15 AHs that are members of indigenous cultural communities (ICC) comprised of Samal, Subanon, and Yakan. These ICCs reside in Concepcion, Alicia and barangays Balungisan, Kima, Kulasian and Silal of Payao Municipality. Table 21 shows the distribution of IP households. Of the 15 AHs, 12 will have severely affected houses and 2 will also have affected businesses. Not one of the IP AHs have affected farms. All are considered vulnerable comprising of poor (7 AHs), female-headed households (4 AHs) and elderly (5 AHs).

Table 21. Number of IPs per barangay by impact and tenure status IP Group IP Group by Impact Land Tenure Status Subanon Samal Yakan Owners AHs Severely Owners Business Vulnerable AHs Owner to occupy permission With renter Tenant/ No response

Poor FHH Elderly

Municipality/ AHs

Barangay (n)

Alicia 2 2 0 0 2 0 0 1 0 0 1 1 1 Concepcion 2 2 0 0 2 0 0 1 0 0 1 1 0 Payao 13 11 1 1 10 2 7 3 5 4 8 0 1 Balungisan 2 2 0 0 2 0 2 0 0 1 0 0 1 Binangonan 0 - - - 0 0 0 0 0 0 0 0 0 Kima 2 2 0 0 2 1 0 0 1 0 2 0 0 Kulasian 4 4 0 0 2 0 1 1 3 2 2 0 0 Poblacion 0 0 0 0 0 0 0 0 0 0 Silal 5 3 1 1 4 1 4 2 1 1 4 0 0 Total 15 13 1 1 12 2 7 4 5 4 9 1 1

7. Temporary impacts at construction

66. Temporary loss or disruption of land use or other assets during construction works is anticipated particularly the movement of construction materials to and from work sites. This will be addressed in the project Environmental Management Plan.

III. SOCIO-ECONOMIC PROFILE OF THE AFFECTED AREAS

A. Provincial Profile

67. Zamboanga Sibugay is located within the Zamboanga Peninsula region in Mindanao with the Municipality of Ipil as its capital. The province is bounded by the municipalities of Baliguian, Gutalac, Labason, Tampilisan, Godod, Postigo and Siayan, Zamboanga Del Norte to the north; by Dumanquilas Bay and Sibuguey Bay to the south; by the municipality of Bayog and Kumalarang, Zamboanga del Sur to the east; and by Zamboanga City and the municipalities of Sibuco, Siraway and Siocon, Zamboanga del Norte to the south-west. The province has two congressional districts, 16 municipalities and 389 barangays.

68. The terrain varies from very flat along the coast and valleys to very steep in the hills and mountains. The mountainous area stretches northwards from Zamboanga City and runs along the northern boundary of Zamboanga del Norte. The coastal plains are narrow strips extending regularly from the southwest, and then spreading into wide flat lands upon reaching the coastal plains of the Sibugay Bay area. The province consists of rolling hills, mountains and plains that extend down to the coast. Some coastal areas such as Payao are 5m above sea level.

69. The economy is predominantly agricultural, with 52% of the land area planted to palay, corn, coconut and rubber. Rice is the primary staple food with around 41,500 ha is devoted to rice production. Corn is the secondary staple food. The most extensive coconut plantations are in Buug, Alicia and Payao. Rubber is one of the leading products in the province, sold in semi-processed form to final processors in Manila, Malaysia and Singapore.

70. Livestock and poultry production are the secondary sources of income of the province. However, livestock and poultry raising is predominantly small-scale backyard operations. Carabao and cattle serve both as sources of meat and as draft animals. For poultry, the important species are chicken and duck.

71. Aquaculture (milkfish, prawn, tilapia and crabs) accounted for majority of the province’s fishery production followed by commercial fisheries of goat fish, striped mackerel, big eyed scad, lizard fish, soldier fish and milkfish. The major seaweed producing areas are Buug, Malangas, Payao, Ipil, Alicia, Mabuhay, R.T. Lim, Tungawan, and Naga.

72. The major forest products of the province are timber, lumber, rattan and wax. Mining is concentrated on coal, small scale mining, copper, chromite and iron. Potential sites for mining and quarrying are the municipalities of Alicia, Buug, Diplahan Malangas and Payao.

73. There are a number of islets with white sand beaches ideal for resort development. Notable are Pandilusan Island in Payao and Litayon Island in Alicia. Inland tourist attractions are the large caves found in Tungawan and Talusan and the Moalboal Cave in Titay. Tantanan Bay is the largest fish sanctuary, with an area of five ha. Sibugay Bay has coral formations that function naturally as fish sanctuaries and ideal for snorkeling and diving.

74. Table 22 shows the 2015 population of Zamboanga Sibugay to be 633,129 with a density of 175 inhabitants per square kilometer. Although Zamboanga Sibugay has the smallest population among the three provinces comprising the Zamboanga Peninsula region, the province was the fastest growing province with an average annual population growth rate (PGR) of 1.53 percent during the period 2010 to 2015. (PSA Population of Region IX - Zamboanga Peninsula). Household population is 140,791 households averaging 4.5 persons per household. Based on the Official Poverty Statistics of PSA the 2015 First Semester Poverty Incidence Among families by Province by population, poverty incidence for Zamboanga Sibugay is estimated at 35.8 much higher than the national poverty incidence of

26.3 percent. This translates to about 226,229 persons within the province who cannot afford to buy their basic food and non-food needs.

Table 22. Provincial 2015 Statistic by Administrative Unit Location Population Area (km2) Density (Person/ km2) No of Barangays/Municipality Alicia 36,013 183.08 197 27 Buug 36,634 134.06 273 27 Diplahan 32,428 255.51 127 22 Imelda 28,018 85.12 329 18 Ipil 74,656 241.6 309 28 Kabasalan 44,336 289.2 153 29 Mabuhay 36,870 82.85 445 18 Malangas 33,380 235.53 142 25 Naga 38,547 246.3 157 23 Olutanga 33,671 113.3 297 19 Payao 31,686 245.66 129 29 Roseller Lim 43,646 300 145 26 Siay 41,572 313.66 133 29 Talusan 29,969 58.16 515 14 Titay 49,673 350.44 142 30 Tungawan 42,030 473.28 89 25 TOTAL 633,129 3,607.75 3582 389 Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA.

B. Indigenous Peoples of the Project Area

75. On 16 November 2017, the DPWH applied for a Certificate Precondition (CP), compliant to the stipulations in the Indigenous Peoples Rights Act of 1997 (IPRA), to ensure that its project site will not negatively impact on indigenous peoples and their ancestral domains. It was determined that there exist three IP communities within the project sites and these are the Subanon/Subanen, Samal, and Yakan. Aside from the mainstreamed IP HHs that reside in town centers, there are ancestral domain (AD) areas validated by the NCIP, largely based on IP population presence in the respective barangays in the absence of the Petition for delineation/ recognition by the IP communities.

76. There are some IP communities that do not possess formal rights to date. All areas within ancestral domains, whether delineated or not, are presumed to be communally owned and, pursuant to the indigenous concept of ownership, could not be sold, disposed nor destroyed.5 As a result of NCIP validation, a CP/Free and Prior Informed Consent (FPIC) was issued on 26 December 2019 (Appendix 5: Certificate Precondition).

77. Subanon/Subanen.6 In terms of population, the Subanon is the second largest group among the IPs of Mindanao. In 1912, the Subanon were officially estimated to number 47,164. By 1988, their population had grown to about 300,000. By 2010 the Subanon population was registered at 220,165 in Zamboanga del Norte, 148,402 in Zamboanga del Sur, 58,069 in

5 Communal claims that refer to claims on land, resources and rights thereon belonging to the whole community within a defined territory. These lands are governed by customary laws - a body of written or unwritten rules, usages, customs and practices traditionally observed, accepted and recognized by respective ICCs/ IPs and acknowledged by the immediate non-IP communities. 6 Multi-Disciplinary Study on Intangible Cultural Heritage’s Contribution to Sustainable Development, Focusing on Education:A Guide for Facilitators and Local Coordinators for a School of Living Traditions on the Buklog Thanksgiving Ritual of the Subanen. (2019) by the International Research Centre for Intangible Cultural Heritage in the Asia-Pacific Region, under the auspices of UNESCO, and the National Commission for Culture and the Arts.

Zamboanga Sibugay,7 49,897 in Misamis Occidental, 657 in Zamboanga City and 342 in Misamis Oriental.

78. They traditionally inhabit areas near rivers, hence Subanon/Subanen, meaning “people of the river.” By tradition, the Subanon are shifting cultivators, residing in dispersed settlements as stewards of their ADs. The Subanon have linguistic variations based on the upland and riverine areas they live in. Social groupings exist according to occupations and societal roles and degree of assimilation to migrant lowland culture. The family as the basic social and political unit in the indigenous Subanon society, have undergone changes largely due to migration by the younger population to urban centers to seek more regular and productive work engagements. Influences from lowland communities and other cultures have brought marked transformation in Subanon society though some aspects of the Subanon culture and tradition persist.

79. While in the past, the roles of the timuay8 and the balyan or spiritual leaders are recognized as vital in the transmission of the values and meanings of the cultural elements in intact communities, these leadership roles had slowly been disregarded as new sets of elected political leaders, mostly non-Subanons, take on these decisive positions, relegating the culture-focused traditional governance to the background.

80. The socio-economic and political structures and contexts of the Subanon community has been adversely affected by the imposition and influences of the current political and social conditions and issues, both in the national and local levels – like the encroachment of logging concessions into ADs. Some of have lost their ancestral lands, as well as their most precious heirlooms.

81. Samal. The term "Samal," or more generally "Sama," covers a diverse group of Sama- Bajau-speaking peoples. Their settlements stretch from the Philippines to Borneo. In the Philippines, Sama speakers generally are referred to as "Samal" and are spread out small enclaves in Zambales, western and northern Mindanao, throughout the Sulu Archipelago. Sama-Bajau speakers number 650,000 to 730,000 and those referred to as "Samal" form the largest single group, estimated at 243,000 in 1975. The Sibuguey are comprised of a number of small, relatively isolated Sama groups living mainly around Sibuguey Bay in western Mindanao. Most Samal are Sunni Muslims of the Shafu school, with the Abak of Capul Island, northwest of Samar in the central Philippines being the most divergent, culturally and linguistically, and the only Christianized Sama subgroup.9

82. Mosques are a center of social, community and religious life. Clusters and parishes are generally led by elders, cluster leaders and religion leaders. Incidents of armed conflict are relatively rate, although raids and vendettas sometimes occur. Disputes are settled with the help of cluster, parish and villages leaders. Incidents involving different groups are often settled using Islamic law.10

83. A Samal household is usually comprised of a nuclear family with a few additional relatives. Hereditary privileges are largely a thing of past but titles still carry prestige. Division of labor is said to be equal with men specializing in boat building and iron works and women

7 2010 Census of Population and Housing: Zamboanga Sibugay 8 The traditional title for the communal leader who is also the chief arbiter of conflict between the families of a community or a confederation. The word “timuay” means “chief” or “leader.” It connotes both civil and religious authority for the bearer of the title. The title of timuay may be recalled by the community and given to another tasked with the responsibility of leading the community. 9 Samal. Encyclopedia.com. Updated Apr 13 2020. https://www.encyclopedia.com/humanities/encyclopedias- almanacs-transcripts-and-maps/samal 10 Ethnic Groups In The Southern Philippines. Last updated June 2015. http://factsanddetails.com/southeast-asia/Philippines/sub5_6d/entry-3886.html

specializing in pandanus mat weaving and pottery making. Both men and women engage in trade. Among nomadic groups men have traditionally done the fishing while women engaged in inshore gathering. Today nearly all fishing is market-oriented, with catches sold through local vendors, or through wholesalers, most of them Sama. Cassava, dry rice, maize, and bananas are the principal food crops, with yams, beans, tomatoes, onions, ginger, sugarcane, and fruit being the main secondary crops. Along the Zamboanga coast, Samal traders historically dominated the external coastwise trade of the Subanon.

84. Farm and residential land is subject to individual use and/or tenancy rights. Fish-trap and lift-net sites and coral fish corrals may be owned individually; otherwise fishing grounds are available for common use. Property rights are exercised in connection with fishing grounds and reefs and farms and residential land. Among nomadic groups overlapping fishing grounds have generally invited cooperation rather than fueled feuds.11 Each child, regardless of sex, is entitled to a share of the parents' property. The Sama distinguish between property acquired in the course of a marriage and that inherited independently, to which the owner's husband or wife has no claim.

85. Yakan.12 The Yakan is a group that lives on the island of Basilan south of Mindanao. They traditionally lived in the interior parts of the island, particularly in the east central and southwestern parts, while the Samal ad Tausug occupied the coastal areas. There are around 100,000 Yakan and they make up half the population of Basilan.

86. The Yakan are Muslims and the language they speak is similar to that of the Samal. They live in bamboo-wall and thatch-roof houses set up in middle of fields. The houses are often widely scattered. They are primarily farmers who grow rice, coconut, a variety of vegetables and fruits, and maintain water buffalos as plow animals. Women are known to have never been veiled. Marriages involve the payment of bride price, which is returned once the woman has children.

87. Affected IP Communities. The NCIP was able to validate that the seven project- affected barangays have ancestral domains that are not delineated (see Para 75 and footnote 3) are populated by three IP groups as shown in Table 23. Almost half of the IP populace is Samal (49.7%), followed by the Subanon (38.7%), and Yakan (4.3%). About 21% were not indicated as to what affiliation and these are all in Alicia.

Table 23. Project Area IP Population Distribution by Barangay Barangay/ Samal Subanon Yakan Not Indicated Total Municipality # HH Popn # HH Popn # HH Popn # HH Popn # HH Popn Alicia 127* 556 Conception 556 556 Payao 426 2,025 357 1,576 59 176 69* 300 911 4,077 Balungisan 73 248 73 248 Binangonan 189* 828 189 828 Kima 69* 300 69 300 Kulasian 83 410 55 260 138 670 Poblacion 313 1,525 49 136 362 1,661 Silal 30 90 40 240 10 40 80 370 TOTAL 426 2,025 357 1,576 59 176 196 856 1,038 4,077 Percent 41.0% 49.7% 34.4% 38.7% 5.7% 4.3% 18.9% 21.0% 100.0% 100.0% Source: NCIP FBI/Validation Report, October 2018. * Computed using average HH size of 4.4.

11 Ibid. Samal economics and piracy. 12 Ibid. Yakan.

C. Project Covered Municipalities and Barangays

88. Socio-demographics. The three (3) municipalities to be traversed by PR13 subproject are Alicia, Payao, and Siay comprising a total of eight (8) barangays – all within Zamboanga Sibugay Province. Total land area combined is 742.4 km2 and a population of 109,271 with a density of 180 person per km2. The male population in thee municipalities is higher (51%) than the number of women (49%). In terms of age, the population of less than 15 years old constitutes 39% while the productive or 15 – 64 years of age is 57%. Those 65 years and above constitute 3%. This places the dependency ratio or the number of dependents 0-14 years and 65 years and over for every 100% in the productive age 15-64 at 43%.

Table 24. Population of Project-Affected Municipalities and Barangays, 2015 Covered Municipalities and Barangays Population ALICIA 36,013 Concepcion 1383 PAYAO 31,686 Balungisan 1805 Kima 1166 Kulasian 996 Poblacion (Payao) 4809 Binangonan 629 Silal 737 SIAY 41,572 Sibuguey 1,139 Source: Census of Population (2015). "Region IX (Zamboanga Peninsula)". Total Population by Province, City, Municipality and Barangay. PSA.

89. Municipal revenues are derived from taxes, licenses, and fees as well as the Internal Revenue Allotment (IRA). According to the Bureau of Local Government Finance, the annual regular revenue of affected municipalities for the fiscal year of 2016 was PhP 339,251,088.90. Looking at the involvement of employed males and females in the area of business and industry, more than 50% are in Agriculture, Forestry and Fishery.

90. Per the 2015 Municipal and City Level Small Area Poverty Estimates, the average poverty incidence of the affected municipalities is 53.9%. Majority of the gainful workers 15 years old and over are skilled agricultural forestry and fishery workers (56%).

91. In terms of occupational groups, majority of the employed are skilled agricultural forestry and fishery workers (56%) while 14.1% are elementary occupations and 8.3% are into service and sales workers. Also, there are some managers (5.5%), plant and machine operators and assemblers (5.5%), professional (3.6%), craft and related trades workers (3.5%), technicians and associate professionals (1.6%), clerical and support workers (1.4%) and armed forces occupations (.3%). Only .2% not reported any type of occupation.

92. Majority of the population 5 years old and over completed elementary (12%) and high school (11%). However, it was noted that there is also a significant number of populations attained higher than high school level (post-secondary, college undergraduate, academic degree holder, and post baccalaureate).

93. There are also, various health and wellness facilities like: hospitals, medical clinics, lying-in clinics/birthing, etc. that provides basic health services to the residents; administer first aid treatment for emergency cases and perform minor surgical operations among others.

D. The Affected Households

94. Households occupying land and structures were surveyed to establish their number, profiles and socio-economic conditions which are vital inputs to this plan. The total number of affected is 254 comprising of 237 households and 21 private and government institutions. From the 237 AHs who will be physically and/or economically displaced, only 81% (192 AHs) were covered due to unavailability of AHs during the conduct of SES. The 192 surveyed AHs are distributed in eight barangays of the three affected municipalities of Alicia Payao and Siay. Tabular presentation of survey results are provided in Appendix 6: Results of Socioeconomic Survey.

95. Prior to issuance of Letters of Offer to affected households, DPWH will ensure that all households are surveyed to ascertain information on vulnerability, including ensuring updated poverty threshold criteria is applied. Information related to eligibility for related entitlements such as inconvenience allowance and livelihood restoration and improvement assistance will also be updated and reported in regular internal monitoring reporting.

1. Socio-demographic Characteristics

96. When disaggregated, there are more male headed households (80%) than female headed households (20%). The pattern can be observed across all the barangays. Majority of the AH heads are spread across the age brackets. Mean age is 49 and range of ages is from 18 to 86. Most of the AH heads are married (82%). Some are widow/er (10%), single (4%) and common law partners (3%). Religious affiliation of AH heads include Catholic (52%), Islam (32%), INC (1%), Non-Catholic/Protestant (1%), and other religion (14%).

97. Of the 192 surveyed AH heads, 37% are elementary undergraduates and 19% completed elementary schooling. About 16% are high school undergraduates and 16% high school graduates. Four percent are college undergraduates and 3% college graduates. Around 4% have no formal education (4%) while one AH head availed of vocational/ technical training, while one was unresponsive to the question.

98. Most of AH heads (46%) claim to be originally from the current barangay they reside in, followed by 21% who previously lived in other municipalities within Zamboanga Sibugay, 16% who migrated from other regions of the country, 10% from other provinces within the Region, and 7% from other barangays within the same city/municipality. About 90% of the AH heads have been living in the area for more than 10 years. Those who have been living there for 1-5 years account for 3% while about 5% have been there for 6-10 years. Few (2%) have been residents in the area for less than a year.

2. Ownership of Land and Structure

99. Land ownership can be a form of economic security among AHs, business owners, and landowner/claimants. Of the 192 AH heads, majority (74%) occupy private lands while 17% claimed that the land is owned by the government. About 8% did not respond to land ownership question. Most of the affected lands of the surveyed 192 AHs are residential (81%), followed by 17% combined residential-commercial, and 2% commercial. Of the total 192 AHs, only 27% or 52 AHs are owners of the lands they occupy/utilize and 4% are co-owners. Owners are generally found in Concepcion, Alicia and Kima, Payao. Most (55%) are occupants with permission from the rightful owners, utilizing the land for free while 3% are informal dwellers/occupants. Nineteen AHs or 10% are tenants/renters, and 1 AH failed to respond. About 18% AHs of 51 respondents claimed having land titles while 16% claimed possessing tax declarations as proof of ownership . Others have mortgaged deeds of sale (10%), contracts (2%) and other proofs of ownership (18%). The remaining 37% did not respond.

100. Residential structures account for majority of the affected structures (70%). Some 15% are used both as residential-commercial. Only 6 units (3%) are used solely for commercial purposes. Secondary structures amount to 11 units (6%) while community structures amount to 4 units (2%). Eight units or 4% are other structures. Among households and business respondents, majority (83%) claimed to own the structures they occupy. Some (8%) have permission to occupy the structures free of rent, while 4% are tenants/renters.

3. Socio-economic Profiles

101. About 46% of the AHs are farmers while 13% are businessmen. Others are service crew (9%), government employees (8%), fishermen (7%), workers/laborers (6%) and others (1%). About 6% did not answer. Of the 192 employed, the top three employment status for a large majority (40%) of AH heads is as follows: self-employed, followed by permanent/regular (30%), seasonal (23%), contractual (4%).

102. Majority of the interviewed AH heads (60%) have a monthly income of Php 10,000.00 and below, 22% earns Php 10,001- 20,000, 6% earns Php 20,001-30,000 and 6% earns Php 30,001- 40,000. Few earn Php 40,001- 50,000 (2%) and Php 50,001- 60,000 (2%). Only small percent has monthly income of Php 70,001-80,000 (1%) and Php 130,001 -140,000 (1%). Then, another 1% did not respond to the question. Mean monthly income of AHs is computed at Php 13,662.14 with minimum at Php 1,000 and maximum at Php 139,000.00. With the monthly income, the poverty threshold in Zamboanga Sibugay is Php 1,915.00 (annual per capita income: Php 22,991.00/12), about 38% of the AHs are poor.13

103. Majority of AHs (82%) have monthly expenditure of Php10,000 and below while 7% AHs spend a range of Php 10,001-20,000 per month. Others spend Php 20,000-30,000 (1%) and Php 30,001-40,000 (1%). Around 9% did not respond to the question. Mean monthly expenditure of AHs is Php 6,154.06 with monthly minimum at Php 561.00 and maximum Php 37,200.00. With mean monthly income of Php 10,185 and mean monthly expenditure of Php 6,154.06, potential household monthly savings is computed at P4,030.94 which may be feasible for 62% of affected households. a. Gender

104. Out of the 237 affected, 53% are female. About 23 AHs are headed by females. Of the 23 FHHs, 10 are poor, 9 are elderly and 4 are IPs. The average female-headed household size is 4.4. The mean monthly income of FHHs is calculated at Php 15,329.00 with minimum monthly income at Php 1,300.00 and maximum at Php 139,000.00.

105. Key gender issues affecting women include insufficient incomes, lack of livelihood opportunities, and women’s difficulty in traveling on rough roads, especially during the rainy season and when they are pregnant. Women also cited problems relating to poverty, limited community participation, high cost of transport, and difficulty in accessing social services. Most of the women are engaged in seasonal farm work, indicating a high rate of underemployment, and in some areas at least a third of them are unpaid family workers. They use the highway and feeder roads to travel on foot and by motorized transport, from farms and coastal barangays to central markets for the sale of crop and fish; to purchase needed supplies; to bring their children to schools, market, avail of health services, and to attend religious ceremonies. Women expressed the need for improved road conditions and requested assistance for establishing additional sources of income based on their skills and knowledge, e.g., sewing and vermiculture, and any other income generating activity. Incidents of domestic

13 Updated 2015 and 2018 Full Year Official Poverty Statistics. Reference No.: 2020-094. Release Date: 04 June 2020. Philippines Statistics Authority (PSA). June 2020. https://psa.gov.ph/poverty-press-releases.

violence and trafficking of persons were recorded. Municipal governments allot funds for activities addressing gender issues and undertake gender and development (GAD) programs that are financed through their GAD fund.

4. Quality of Life

106. More than half of AHs (54%) are using galvanized iron (GI) sheets as roofing materials, 40% nipa, and 6% use wood for roofing materials. As for walls, 41% have wood as the main material of their houses, followed by cement at 27%, and 25% bamboo. Some use nipa (5%) and GI sheets (1%).

107. Majority of the respondents (93%) have access to electricity. Other key sources are kerosene (4%), solar (2%), and battery (1%). Around 36% of the AHs have piped water connection and another 36% use well (open). Around 16% are getting water from rivers/springs and closed pumps (11%). Majority of the AHs (93%) use wood/charcoal as primary fuel source for cooking. Few AHs use LPG (4%), other fuel source (2%) and electricity (1%) for cooking.

108. About 83% of AHs report using flush-type toilets in their homes. Some (5%) are using other type of toilets while few are using antipolo type (4%) and open pit (4%). Around 4% do not have access to any kind of toilet facility.

5. Perceptions of AHs on Project Impacts

109. Based on 192 responding AHs, 89% believe that one of the positive impacts of the project is progress in town/barangay that includes for job generation and business growth. The project is envisaged to contribute to the growth and improvement of business in the locality. One AH claims that the project may result to clean and beautiful environment and another AH said it would reduce the incidence of accidents. About 9% have no response and 1 AH has no idea.

110. Most or 78% of the AHs claim that loss of residence or reduction of property like houses is the key negative impacts of the project. Other negative impacts cited by the AHs are destruction of the environment (8%) that includes air pollution, water loss, siltation, and destruction of plants, and increased population density (1%). Only 1 AH has no idea while 10% did not respond.

111. A large majority of those surveyed at the time of the SES expressed support for the project (96%) while the remaining 4% had no opinion/response.

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE

A. Consultation and Participation

112. 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”.

113. DPWH will conduct meaningful consultation with APs, their host communities, and civil society for every sub-project identified as having IR impacts. Meaningful consultation is 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 AP 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 DPWH will pay attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, IPs, and those without legal title to land.

1. Consultations Conducted at Draft RIPP Preparation

114. There were two public consultation meetings conducted in preparing the draft RIPP. The first consultation was carried out on 16-29 September 2017 prior to the conduct of census, IOL and SES. The second consultation was conducted on 28 April -02 May 2018 after the completion of appraisal. a. First consultation (prior to the conduct of IOL, SES and census)

115. The coordination and public consultation meetings for PR13 were conducted from 16- 29 September 2017. The DPWH Project Director UPMO sent letters to the RO, DEO and the LGUs prior to the conduct of coordination meetings and public consultations with PAPs in 7 barangays to be traversed by PR13 as part of the preparation of this RIPP. A total of 296 persons (143 male and 153 female) participated. Table 25 shows the details, including the agenda.

Table 25. 1st Round of Consultations Number of Participants* Date Municipality/Barangay Agenda Male Female Total Alicia 14 22 36 (i) project information 29 Sep 2017 Concepcion 14 22 36 sharing

Number of Participants* Date Municipality/Barangay Agenda Male Female Total Payao 129 131 260 (ii) cut-off date 16 Sep 2017 Binangonan 16 6 22 announcement 17 Sep 2017 Kulasian 31 22 53 (iii) announcement of 18 Sep 2017 Kima 23 29 52 succeeding activities such as SES, IOL, 19 Sep 2017 Silal 25 19 44 Ancillary Survey, IPA 20 Sep 2017 Poblacion 12 5 17 (iv) public participation 24 Sep 2017 Balungisan 22 50 72 TOTAL 143 153 296

116. During the meeting, the issues and concerns raised were realignment section in Siay, road project overlap, compensation for affected structures and broad community support (See Appendix 7: Report on First Consultation Meetings conducted at Preparation of draft RIPP).

b. Second consultation (after the completion of appraisal)

117. On 28 April- 02 May 2019, other public consultations were held in affected barangays of PR13. The agenda of the consultations are as follows: (1) presentation of project updates, (2) disclosure of the revised RIPF and the master list of APs (3) formation of Municipal RIC and (4) open forum. A total of 235 persons participated in the meetings. Table 26 below shows the details, including the agenda, central themes, and issues and concerns raised (See Appendix 8: Report on Second Consultation Meetings conducted at Preparation of draft RIPP).

Table 26. 2nd Round of Consultations Municipality/ No. of Participants Date Main Theme Issues and Concerns Barangay Male Female Total 28-Apr-19 Concepcion, Alicia 6 3 9 • Lot affected is covered only by Tax Declaration. Binangonan, Payao 23 4 27 • Queries related • Compensation for affected 30-Apr-19 to the project, Kima, Payao 26 42 68 lots, structures, crops and compensation, Kulasian, Payao 24 25 49 trees. 01-May-19 realignment • Change of road alignment. Silal, Payao 22 14 36 • rectification of • Misspelled names of APs in Poblacion, Payao 3 8 11 misspelled 02-May-19 Master List. Balungisan, Payao 15 20 35 names of APs • Query whether Project will Total 119 116 235 follow existing alignment.

118. Table 27 provides the summary of issues and concerns raised during consultations. On 08-10 October 2019, DPWH presented and disclosed the compensation package. During the disclosure, DPWH reiterated that the compensation is computed at replacement cost.

Table 27. Issues and Concerns raised by APs: 1st Round of Consultations Issues and Concerns Response by DPWH/Consultant Barangay Binangonan If the land owner can present a Tax Declaration showing open and continuous possession for a period of 30 years and a DENR Lot affected is covered only by a Certification stating that the land is alienable and disposable, it will be Tax Declaration. treated as a special case under the ROW law (RA10752) and it will be accepted as proof of ownership. As such, owner will be compensated at current market value.

Issues and Concerns Response by DPWH/Consultant

To determine the appropriate price offer, appraisal will be done by an independent property appraiser pursuant to RA10752. The price offer May I know the amount of for the structure together with other entitlements will be disclosed to compensation for the affected the Affected Persons (APs) after DPWH completes the validation of house? the IPA report. You will be properly informed of the schedule of IPA visit through your Punong Barangay.

If the affected portion is only All losses regardless of portion of loss will be compensated at 10%, what will be the replacement cost. compensation? Barangay Kima You will receive compensation if your house had been tagged, other documentation requirements (such as photos) are intact and your Will I get compensated if house name is in the Master List of Affected Persons even if your house is was already demolished? already demolished. Losses are compensated at replacement cost. I was not around when survey You will have another chance for an interview during the validation was conducted. Do I get the and disclosure activities of DPWH. chance to be interviewed? Is it still possible to alter the Regrettably, it is no longer possible to change the road alignment at alignment so that house will not this point. DPWH has already approved the Detailed Engineering be affected? Design (DED) plan for PR13 that was prepared by the Consultant.

The affected house will be paid at replacement cost. If the affected lot is not covered by a title, it will not subject to compensation. But If you can present a Tax Declaration showing open and continuous House and Lot are affected but possession of the lot for a period of 30 years and a DENR lot is covered only by a tax Certification that the land is alienable and disposable, then the Tax declaration. Declaration will be treated as a special case under the ROW law (RA10752) and it will accepted as proof of ownership. As such, you as owner will be compensated at current market value. You will receive just compensation for the crops and trees you planted provided you can show proof of ownership. If the lot is Do I get compensation for trees privately owned and is covered by a title, you can request the owner I planted in a lot I do not own? to sign a waiver in your favor. Other documentation such as Tax Declaration and/or certification from the Barangay that you own the said crops and trees would help establish proof of ownership. There are 3 options: first, you may take the initiative to relocate to a place of your choice; second, you may opt to occupy the part of the land not required for the project and third, relocate to project- House will be affected and no sponsored resettlement site. The third option to relocate in project site to relocate. sponsored relocation sites requires consultation with the potential relocating APs. A Resettlement site with will be provided by the concerned LGUs to accommodate APs who will opt to resettle in these sites. Barangay Kulasian Affected house, will he get DPWH has already approved the Detailed Engineering Design (DED) compensation? Plan for PR13. Regrettably, it is no longer possible to change the Is it still possible to change the road alignment at this point. alignment? There are structures / improvements within the school Structures within the 20 meters ROW limit will be compensated at site that would be affected. Will replacement cost. there be compensation for structures?

Issues and Concerns Response by DPWH/Consultant I own a house located within the school site that will be affected. No, you will not receive compensation for the affected lot if the only document you can show is a Tax Declaration. However, if you can present a Tax Declaration showing open and continuous possession Lot affected without any title. for a period of 30 years and a DENR Certification that the land is Will I get compensation? alienable and disposable, it will be treated as a special case under the ROW law (RA10752) and it will be accepted as proof of ownership As a general rule, if the affected lot is covered by a title (OCT, TCTs, CLOAs under RA6657) the owner will get cash compensation for loss of land based on current market value and free of taxes, except arrears in Real Property Tax (RPT). If you are a holder of free or homesteads patents and if you are not the original patent holder and if previous acquisition of said lot is not through a gratuitous title, you will be compensated for loss of land at 100% of the current market House and lot will be affected. value and improvements at replacement cost. On the other hand, you will not get any compensation if you are original patent holder or the acquisition of the lot from the original patent holder is through a gratuitous title, since the Government may exercise its right to use the area reserved for public use but you will still get 100% cash compensation for the entire structure at replacement cost if severely affected.

Barangay Silal Misspelled names appearing in APs Master List will be corrected. All How do we rectify the personal information and other concerns necessary to process misspelled names in the payment of compensation will be double checked/addressed once Affected Persons Master List? DPWH conducts validation and disclosure activities. Who will pay for the DPWH central office, with the assistance of the District Engineering compensation of Affected Office, will pay the compensation for affected lots, properties? structures/improvement, crops and trees. We are in possession of the If you can present copies of Tax Declarations showing open and affected lots for more than 60 continuous possession for a period of 30 or better still 60 years plus a years. But these lots are only DENR Certification that the land is alienable and disposable, it will be covered by Tax Declaration. Are treated as a special case under the ROW law (RA10752) and it will we going to receive be accepted as proof of ownership. As such, owner will be compensation? compensated at current market value. You will receive compensation for the crops and trees provided you I planted the trees and crops but can show proof of ownership. If the lot is privately owned and is I do not own the land. Do I get covered by a title, you can request the owner to sign a waiver in your compensation for the trees and favor. Other documentation such as Tax Declaration and/or crops? certification from the Barangay that you own the said crops and trees would help establish proof of ownership. Barangay Balungisan Yes, you can check the master list of Affected Persons right after the Have expressed the wish to see consultation proper. Your Punong Barangay was also provided with the Master List. an advance copy of the Master list. The price offer, including compensation values of coconut trees will What would be the be known after completion of appraisal. To determine the appropriate compensation for every coconut price offer, appraisal will be done either by a Government Financial tree that will be affected by the Institution or an independent property appraiser pursuant to project? RA10752. Will the project follow the Yes, generally the project design follows the existing alignment. But existing alignment of the existing there are instances when design engineers introduce changes in the road? alignment due to geometric considerations.

Issues and Concerns Response by DPWH/Consultant Barangay Poblacion There is no compensation for the affected lot if the only document you can show is a Tax Declaration. However, if you can present a Affected lot is only covered by a Tax Declaration showing open and continuous possession for a Tax declaration. Will they get period of 30 years and a DENR Certification that the land is alienable compensation? and disposable, it will be treated as a special case under the ROW law (RA10752) and it will be accepted as proof of ownership As a general rule, if the affected lot is covered by a title (OCT, TCTs, CLOAs under RA6657) the owner will get cash 100% compensation Lot affected is covered by title. for loss of land based on current market value and free of taxes, except Real Property Tax (RPT). It is likely that your house is outside the 20 meters ROW limit so your name is not in the list. At any rate, this can be checked with the DPWH ROW Task Force and DEO Diplahan (in coordination with the Name is not in the Master List. LGU/BLGU) once validation and disclosure activities are conducted. Team will verify if the person to be paid based on the appraisal of the IPA, are the rightful owners of the affected properties.

119. The primary goal of the coordination meetings and public consultations was to share information concerning the project by presenting to the primary and secondary stakeholders the project background, scope, objectives, benefits, updates, basic resettlement policies (GOP and ADB), cut-off-date and announcement of succeeding resettlement activities.

120. The meetings and consultations also gave the participants the opportunity to respond to the project presentation, present real or perceived issues and allow concerns to surface in an atmosphere free of intimidation or coercion in the open forum segment.

121. The meetings and consultations used the following format (i) welcome/opening remarks by the host LGU, (ii) introduction of DPWH representatives and the DED Consultant(s); iii) brief presentation of the Project and resettlement impacts; iv) overview of DPWH and ADB Policy on social safeguard, and v) open forum. LGU officials and District DPWH helped the consultants in interpreting discussions in Bisaya/ Cebuano and other dialects used.

2. Consultations Conducted at Preparation of Updated RIPP

122. On 08- 10 October 2019, the DPWH RROW team conducted consultation meetings in barangay Concepcion in Alicia and barangays Balungisan, Binangonan, Kulasian, Kima, Poblacion and Silal in Payao (Appendix 9: Minutes of Validation and Disclosure Activity). Out of 149 participants, about 45% were male and 55% were female.

123. The information presented in these consultation meetings by DPWH included the following matters:

a. The main objective of the meeting which is to disclose APs compensation package based on the 20m RROW limit. b. The settlement of issues Road Right–of–Way acquisition of the project is fundamental. The affected persons are to be fully compensated prior to demolition/removal of their respective properties. c. They were informed on the requirements needed for the processing of their payments (i.e. 2 valid IDs (photo copies), Barangay Certificate, TIN # and Affidavit of Absolute Ownership duly notarized. d. They were informed that the team will conduct face to face interview since the project is in the process of preparing a livelihood restoration program and there is

a need to understand their intentions, needs, challenges and preferences so the project can prepare a meaningful program. There is a relocation site within the barangay and relocating APs will be provided with plots if they are eligible. Eligibility would be established after proper evaluation of their individual economic status is undertaken. e. The meetings were then opened for questions and comments.

124. Table 28 presents the details of the consultation meetings.

Table 28. Population of Alicia and Payao by Barangay, 2019 Number of Participants Date Municipality/ Barangay Male Female Total Balungisan, Payao 5 5 10 Poblacion, Payao 7 4 11 08 Oct 2019 Silal, Payao 24 14 38 Kima, Payao 10 24 34 09 Oct 2019 Kulasian, Payao 13 20 33 Binangonan, Payao 5 2 7 10 Oct 2019 Concepcion, Payao 3 13 16 TOTAL 67 82 149

125. Issues and concerns were raised by APs during the open forum, see Table 29.

Table 29. Issues and Concerns Raised by APs: 2nd Round of Consultations Issues and Concerns Responses Municipality of Alicia Concepcion Request to re-measure the affected Yes, we can do resurvey and measure again the affected structure. structure. If mother will be allowed to sign and Son should issue a special power of attorney in favor of receive documents as representative of the mother son who works out of town. Municipality of Payao Binangonan Two (2) valid IDs are required for processing of compensation. That means, one (1) primary ID What are valid IDs? Will DPWH accept a (government issued ID) and one secondary ID -either a voter’s certification? valid company ID, Barangay ID etc. A voter’s certification will not be accepted. Kulasian All affected crops and trees will be compensated but disclosure should be done during release of payment. Based on experience, many claimants, who already Will they get compensation for the received compensation, still proclaim they own the trees affected crops and trees. and prevent the contractor from cutting the trees. The Punong Barangay will issue certification that claimant is the true owner. Request the Team to visit the affected Yes, we can do resurvey and measure again the affected house to pinpoint the ROW construction structure. limit. A resolution authorizing the Punong Barangay to receive What are the requirements needed to compensation is required. The Punong Barangay will be compensate affected barangay provided with a copy of duly signed resolution for core properties. subproject as sample format.

Issues and Concerns Responses Compensation for affected lot will be given to the Who will be compensated, the lot owner registered lot owner while payment for affected structure or house owner? will be given to the person who owns/built the house. Balunguisan All affected crops and trees will be compensated. The Will there be payment for affected crops Punong Barangay will issue certification that claimant is and trees? the true owner. Declared support for the project and PR13 is one of the sub-projects under Improving Growth expressed hope that it will be corridors in Mindanao Road Sector Project, a priority implemented soon to prevent what project of the Duterte administration. In fact, the happened in the past where rubber trees construction of the three (3) core subprojects under were cut but no project was IGCMRSP are now ongoing. implemented. Poblacion The validation will be carried out on July 1-13, 2019. The Properties should be validated for proper goal of the validation is precisely to validate the assessment and estimates. correctness of the assessment made by the DPWH Consultant. Two (2) valid IDs are required for processing of What are valid IDs? Is the Fishing Port compensation. That means, one (1) primary ID ID acceptable to DPWH? How about a (government issued ID) and one secondary ID -either a Senior Citizen ID and voter’s valid company ID, Barangay ID etc. That said, a Senior certification? citizens ID and Voters ID are valid IDs while a voter’s certification will not be accepted. Silal Son works out of town. Will she be Son should issue a special power of attorney in favor of allowed to sign and receive documents the father to receive the compensation. as representative? Request the Team to visit the affected Yes, the Team can do resurvey and measure again the house to show the ROW construction affected structure. limit. A resolution authorizing the Punong Barangay to receive What do you require to compensate compensation is required. The Punong Barangay will be affected barangay properties provided with a copy of duly signed resolution for core subproject as sample format. Kima Maybe January next year provided all necessary When are we going to receive the requirements necessary for processing the compensation compensation? are complete. Request the Team to visit the affected Yes, we can do resurvey and measure again the affected house to pinpoint the ROW construction structure. limit. Yes a tax declaration is compensable if you can show Is Tax Declaration compensable? proof of possession for 30 years and the area is declared as Alienable and Disposable by DENR> Yes, if your house is severely affected and you have Wii they be given transportation nowhere to go and decided to transfer to another allowance if they transfer to another province, you will be assisted by way of transportation province? allowance.

3. IP Consultation

126. Interest and well-being of indigenous peoples in the project area are protected and promoted by NCIP. The CP is a certificate issued by the NCIP stating that the project area does not overlap/affect with any ancestral domain. Prior to the issuance of the CP, a field- based investigation (FBI) was conducted by the Ancestral Domains Office of the concerned area to determine whether or not the project or activity overlaps/affects an ancestral domain,

its extent and involved IPs whom the FPIC is to be obtained. The IPs have the right to stop or suspend any project that does not satisfy the consultation process. After conducting consultation meetings, a decision meeting will be established. During the meeting, the council of elders/ leaders will proclaim their decision. Subsequently, negotiation and finalization of terms and conditions of Memorandum of Agreement (MOA) is executed.

127. Presence of IPs was determined through the NCIP validation and earlier DPWH public consultations and SES in the barangays of Alicia and Payao. A pre-FBI Conference was held on 08 December 2017 at the DPWH, DEO, Zamboanga City as attended by regional officers and staff of DPWH, NCIP and the DED Consultant. During the conference, procedures of the FPIC process was presented by the NCIP. The DPWH together with the DED Consultant presented the project brief that covered: (a) project background (b) location maps of the seven priority/candidate project roads; (c) description of the entire project and PR13; (d) project updates and (e) Next steps. Pursuant to the agreement during the conference, the FBI Team was constituted and together with the authorized DPWH representative, prepared the work and financial plan for the FBI cum validation proper.

128. The FBI for the 7 barangays of PR13 was conducted on 04-12 September 2018 that ensured consultations with the IP communities in the presence of their respective IP traditional leaders and barangay leaders. Feedback from the IP consultations resulted to generating the following information; (i) Impacts on the properties of IP households and the need for compensation before construction commences, and (ii) support for the project as a means of improving living standards and access to markets in the project areas. Based on the result of the validation, the FBI Team strongly recommended for the issuance of the CP in favor of the DPWH. On 01 October 2018, the FBI/Validation report was submitted to NCIP Regional Office for review of NCIP Regional Review Team (RRT). See Appendix 10: FBI Report on PR13 Siay-Gapol Road.

B. Disclosure

129. DPWH shall submit the following documents for disclosure on ADB’s website:

(i) The Draft RIPP as endorsed by DPWH; (ii) Updated RIPP upon (a) finalization of the DED, (b) completion of valuation report by an independent appraiser, and (c) DPWH validation as endorsed by DPWH; (iii) A new or updated RIPP and corrective action plan prepared during project implementation, if needed; and (iv) Quarterly (DPWH) and Semi-annual (External Monitoring Agent) monitoring reports.

130. The Municipal RIC was officially constituted on 02 May 2019 and an updated PIB was distributed in the project area. The PIB was translated to the local language by DPWH. Information in the PIB includes the project name, cut-off date, eligibilities and compensation/ entitlements. GRM procedures and focal persons. As disclosed, the cut-off date of PR13 was on 08 February 2018. The translated PR13 PIB is attached in Appendix 11: PIB in Local Language.

131. DPWH disclosed that the final RROW limit is 20m during consultations conducted from 08-10 October 2019. The compensation package was likewise discussed as well as the needed requirements in processing the compensation. Resettlement issues like relocation and livelihood survey were also discussed (See DPWH Validation and Disclosure).

C. Consultation, Disclosure and Information Dissemination during RIPP Implementation

132. Meaningful consultations and disclosure activities will continue during RIPP implementation. Various means of communication can be applied depending of the communication objectives. Forms of communication will include public consultation meetings, small group discussion meetings with specific groups on certain issues (such as focus group discussions), as well as printed material such as information brochures and copies of reports.

133. Communication will take in to account the language needs of different audiences. There are different ethnic groups residing in the project areas. While Cebuano is commonly spoken in addition to their own ethnic languages. Levels of literacy may vary amongst community members. Literacy in local ethnic languages is not common. Community meetings should take consideration of this, using appropriate vocabulary and local languages.

134. Gender participation needs to be promoted across all project communications. Invitation notices to such meetings should indicate the names of both spouses. Attention should be given to the need for separate women’s meetings on critical issues, such as resettlement and livelihood restoration. The level of women’s participation in meetings should be monitored and consideration given to conducting dedicated meetings for women if participation levels are low.

135. The requirements for consultation and disclosure along with roles of key implementers and stakeholders and timing are presented in Table 30.

Table 30. Roles and Responsibilities for Consultation and Participation Objectives / Means of Source of Activity Target Audience Responsible Timing Communication Funds IP Specific FPIC Local IP - Presentation of project NCIP with Completed at - Project communities and description, impacts DPWH RIPP updating supervision their elders/ and mitigation (UPMO, consultant leaders measures. ESSD, DEO) - GOP - Consensus building/ counterpart; decision making. DPWH Consultation (UPMO, meetings. ESSD, DEO) - Separate meetings with IP traditional leaders. Disclosure of - Affected ICCs; - Present RIPP - DPWH Completed at updated RIPP - Stakeholders - Consultation meetings - NCIP RIPP updating (including - Additional separate NGOs and meetings with IPs and traditional traditional leaders. leaders) - Public posting of updated PIB; Copy distributed to NCIP (Regional Office) by DPWH. General public Public disclosure on ADB Following ADB’s website approval of RIPP Disclosure of IP leaders/ICCs, - Uploaded on ADB - ADB Upon submission External NGOs, LGU, website - DPWH of monitoring Monitoring NCIP - Copy distributed to reports Reports NCIP-RO by DPWH.

Objectives / Means of Source of Activity Target Audience Responsible Timing Communication Funds Disclosure of Uploaded on ADB ADB Upon submission Internal website. of monitoring Monitoring reports Reports Resettlement Disclosure of AHs - Dissemination of the DPWH Prior to ADB - Project draft RIPP and updated PIB, including (UPMO, submission and supervision entitlements compensation and ESSD, DEO) DPWH consultant entitlements, cut-off endorsement - GOP date, GRM counterpart; procedures and DPWH contact details for (UPMO, focal persons ESSD, - Consultation meetings DEO) - PIB Disclosure of - AHs, - Dissemination of RIPP - DPWH Following updated RIPP - Communities in to all barangays in (UPMO, approval of RIPP project areas; project areas and ESSD, DEO) by Government - Agencies agencies involved in and ADB involved in RIPP implementation. RIPP - Copy distributed to implementation Regional Office by DPWH. General public Public disclosure on ADB ADB’s website Resettlement AHs Group and individual - DPWH, Following DMS impacts discussions with (UPMO, validation relocating AHs on ESSD, DEO) options details and - LGU assistance entitlements. Livelihood - AHs eligible for - Group discussions on - Consultant, - During RIPP development livelihood livelihood restoration - DPWH updating and restoration strategy, including (UPMO, - Throughout assistance proposed options. ESSD, DEO) RIPP - Needs and preference and implementation. assessment. - Other government agencies Entitlements, AHs - Public consultation - DPWH Following eligibility and meetings. (UPMO, finalization of compensation - Distribution of PIB to ESSD, DEO) updated RIPP rates and LRP APs - IPA - Consultant Implementation AHs Public consultation DPWH Ongoing prior to schedule of meetings (UPMO, implementation resettlement ESSD, DEO) and upon plan and civil significant works change in implementation schedule. Compensation AHs Notices to individual - DPWH Minimum 1 week disbursement households - Land bank prior to schedule or any disbursement Authorized Government

Objectives / Means of Source of Activity Target Audience Responsible Timing Communication Funds Depository Bank (AGDB)

Relocation - Households - Group discussions - DPWH Upon final arrangements required to and - LGU and approval of relocate - Individual - AHs updated RIPP - Local consultations as onto completion authorities needed.

Disclosure of - Public, Uploaded on ADB ADB Upon submission External - Local website. of monitoring Monitoring authorities reports Reports Disclosure of Public Uploaded on ADB ADB Upon submission Internal website. of monitoring Monitoring reports Reports

V. GRIEVANCE REDRESS MECHANISM

136. The project developed a project level GRM to receive and resolve project related concerns, complaints, and grievances. All complaints received in writing (or prepared in written form, when received verbally) from the APs shall be properly documented. All complaints shall be acted upon immediately and addressed through negotiation processes to arrive at a consensus, pursuant to the procedures detailed below.

137. There are three levels of grievance redress open to APs and other stakeholders during the RIPP implementation.

138. Level I - Municipal Level – AP representatives, representatives of affected Barangays and LGU Stakeholders shall comprise a grievance redress committee (GRC) to be set up and shall meet in case a complaint is lodged. A designated barangay representative will be responsible for registering the complaints and grievances. A decision should be made 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. The committee will be chaired by the Municipal Mayor. If the Municipal Mayor is an AP, the chair of the committee may be represented by the deputy. The grievance shall be filed by the AP (or the Punong Barangay) with the chairperson of the municipal grievance level committee. A record of the grievance will be provided to the Municipal RIC within a working day of receipt by the municipal level Grievance Committee chairperson.

139. Level II - DPWH Regional Office level - If not satisfied by the municipal level committee, the AP can appeal before the DPWH Regional Office. The Regional Office has 10 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.

140. Level III - DPWH PMO Level – If the decision by the Regional Office is not satisfactory to the AP, then the complainant may appeal to the DPWH Project Management Office through the DPWH ESSD. The complaint shall be resolved within 15 calendar days and the decision shall be communicated in writing within seven working days.

141. Legal Procedures – At any stage of the grievance redress process (Levels I to III), if the decision is unsatisfactory, an aggrieved person is free to take the matter to an appropriate court of the Republic of the Philippines for adjudication.

142. Other Grievances - Grievances related with officials conducting the resettlement process will be handled as described in the DPWH IRoW Procedural Manual, 1 April 2003, as outlined below:

a. Complaints against local government executives shall be filed with the Department of Interior and Local Government (DILG). b. Complaints against subordinate officials shall be filed with the office of the local chief executive concerned. c. Complaints against officials of other national agencies may be filed with the office of the Presidents, or the office of the Ombudsman. d. Aggrieved parties may also direct their complaints to and/or seek the assistance of the Commission on Human Rights (CHR) or the Presidential Commission for the Urban Poor (PCUP).

143. IP Grievance Redress Procedure. Conflicts within the affected IP community will be addressed within the community itself in the context of its customary law and customary dispute resolution process and mechanisms, in the presence of the relevant staff of the NCIP

office with jurisdiction over the area, and if so invited, project-related staff and other stakeholders, e.g. formal local leadership in the barangay and/or the municipality. Intercommunity conflicts will be addressed between the communities themselves, according to their customary or agreed upon dispute resolution processes and mechanisms. If an outside facilitator, mediator, or arbiter is required or requested for, the UPMO and project implementing and monitoring units in the field will seek the intervention of the NCIP to act as facilitator, mediator, or arbiter. This guideline applies to conflicts or disputes between the IP community and any of the project units and implementers.

144. The social safeguards focal person at the DEO with the assistance of regional and central office counterparts shall document the proceedings of the discussion or negotiations. This is in addition to the documentation done by the IP community themselves and by the NCIP. If no satisfactory result or impasse results, the IP communities shall be allowed to elevate their complaints and grievances to the RIC. The grievance procedure established herein in no way substitutes for or replaces the grievance procedure set forth in The FPIC Guidelines of 2012. At their choosing, the IPs may avail of the grievance procedure and mechanisms spelled out in The FPIC Guidelines of 2012.

145. ADB’s Accountability Mechanism. In addition to the project GRM which is the responsibility of a project executing agency, ADB’s accountability mechanism (May 2012) also applies to the project, for which ADB is responsible. 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

A. Relevant Laws and Regulation in the Philippines

146. The Philippine Constitution specifically provides for the following:

(i) Article III, Section 9: “Private property shall not be taken for public use without just compensation.” (ii) Article XII, Section 5: “The State...shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. By an act of Congress, customary laws governing property rights or relations can be applied in determining the ownership and extent of ancestral domains.”

1. Involuntary Resettlement

147. Republic Act (RA) 10752 - An Act to Facilitate the Acquisition of Right-Of-Way (ROW), Site or Location for National Government Infrastructure Projects – The law took effect on April 03, 2016 and its Implementing Rules and Regulations (IRR) became effective on 07 August 2017 repealing and RA 8974. The IRR of this law aims to expedite the implementation of infrastructure projects. With its implementation, it is expected to reverse the pattern of expropriation as a preferred mode of acquisition, which is usually a long-drawn process. The new law provides clear and simple ROW acquisition guideline which benefits both the property owners/project-affected persons (PAPs) and Implementing Agencies (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.

148. Negotiated Land Acquisition. Negotiated sale is the preferred mode of ROW acquisition (after voluntary land donation) and should be explored before resorting to expropriation. RA 10752 aims to make negotiated sale more attractive than expropriation, since the process reduces negotiation time and provides realistic prices. It replaces the previous lengthy and cumbersome two-step procedure under RA 8974, where the implementing agency – in this case DPWH - makes the first offer to the property owner based on BIR Zonal Value, considered unattractive because the value is often low and second, the offer is made based on the fair market value, but most IAs lack the necessary competence to determine.

149. Under RA 10752, DPWH shall immediately offer (first and final) to the owner, as compensation price, the sum of (i) the current fair market value of the land, (ii) the replacement cost of structures and improvements, and (iii) the current fair market value of crops and trees. To determine the appropriate price offer, the DPWH may engage the professional services of a GFI or IPA. The DPWH may use the GFI/IPA appraisal reports, as duly validated, as one of bases of DPWH’s price offer for negotiated sale. DPWH is encouraged to develop its in-house personnel capable of validating appraisal reports. The assumption by the DPWH of the capital gains tax also provides an additional incentive to the lot owners to negotiate with government.

150. DPWH shall pay the property owner (i) Fifty percent (50%) of the negotiated price of the affected land, exclusive of the payment of unpaid taxes remitted to the LGU concerned and (ii) Seventy percent (70%) of the negotiated price of the affected structures. improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned. DPWH shall pay the property owner the remaining fifty percent (50%) of the negotiated price of the affected land after the transfer of title in the name of the Republic of the Philippines, in

cases where the land is wholly affected and at the time of the annotation of a deed of in cases where the land is partially affected. DPWH shall pay the remaining thirty percent (30%) of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned after the land is already completely cleared of structures, improvements, crops and trees.

151. ROW acquisition starts with the validation of PS Report and approved social safeguard document/plan where the number and names of property owners and other relevant information will be determined. The validated PS Report and social safeguards document/plan together with the GFI/IPA appraisal reports, DPWH can start the preparation of Notice of Taking pursuant to Negotiated Sale Mode of Acquisition under RA10752. Within 30 days, negotiation either succeeds or fails. A successful negotiation would mean execution of Deed of Absolute Sale, and DPWH can secure a Permit to Enter. A failed negotiation on the other hand would mean DPWH can initiate expropriation proceedings.

152. Based on the price for negotiated sale set in the validated and approved social safeguards document/plan, send the letter-offer to the owner, informing him that, if he rejects the offer or fails to respond with complete documents within 30 days, DPWH shall initiate expropriation proceedings.

153. 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.

154. Additionally, the law greatly improves budget preparation for ROW acquisition and project implementation allowing a wide range of ROW budget allocation to cover cost items such as PSs, property appraisal, compensation/entitlements, resettlement to include planning, social preparation, land development, housing construction, provision of basic services, community facilities, resettlement action plan activities and other related expenses of the IA including capital gains tax (CGT), documentary stamp tax (DST) and transfer tax.

155. DPWH Right-of-Way Acquisition Manual (DRAM), December 2017. This ROW Manual based on the RA 10752 and other legal references, replaces the earlier one of 2003. For the procedures for ROW acquisition, it lists acquisition through donation and acquisition through negotiated sale, among others. The DRAM covers the entire ROW acquisition process – including (a) Project Feasibility Study with Environmental Impact Assessment and preparation of Preliminary ROW Action Plan (RAP) with property appraisal, (b) inclusion of the Project in the Medium-Term Infrastructure Program, (d) provision of appropriations in the General Appropriations Act (GAA), (e) Fund Release, (g) Detailed Engineering Design (DED) including Parcellary Surveys and preparation of Final RAP, (h) RAP Validation, (i) Actual ROW Acquisition through Donation, Negotiation, Expropriation, and Other Modes, (j) Payments, (k) Transfer of Title to the Republic, (l) Clearance of ROW, and (m) Management of ROW. The DRAM serves as a guide for the Government Financial Institutions (GFIs) and Independent Property Appraisers (IPAs) in determining the appropriate price offers to property owners affected by ROW acquisition.

156. Other laws and policies ranging from Executive Orders, Administrative Orders and DPWH Department Orders are as follows:

(i) Executive Order (EO) 1035. Specifically, the order stipulates (i) the provision of financial assistance to displaced tenants, indigenous peoples, and settlers equivalent to the average annual gross harvest for the last 3 years and not less that PhP15, 000 per ha, (ii) disturbance compensation to agricultural lessee’s

equivalent to 5 times the average gross harvest during the last 5 years, and (iii) Compensation for improvements on land acquired under Commonwealth Act 141.

(ii) The Comprehensive Agrarian Reform Law Republic Act 6657 (1988). Section 28 provides that landowner shall retain his share of any standing crop un-harvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given a reasonable time to harvest.

(iii) DPWH Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP) (March 2007) The LARRIP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. The LARRIP enumerates the entitlements and benefits that Affected Families (AFs) or Project Affected Persons (PAPs) should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan.

(iv) Commonwealth Act 141 Section 112 or Public Land 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. ii. Quit claim where the Government has the right to acquire a 20 to 60 m width of the land acquired through CA 141. Only improvements will be compensated.

a. 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.

(v) 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.

(vi) Republic Act 6389 provides for disturbance compensation to agricultural lessee’s equivalent to 5 times the average gross harvest in the last 5 years.

(vii) Article 1137, Civil Code Art. 1137. Ownership and other real rights over immovable also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. (1959a) the provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription (1963).

(viii) DPWH Department Order 65 s. 2016 as part of the continuing effort of DPWH to streamline its operations, decentralize and rationalize the ROW operations, Department Order no. 19, s. 2017, was reissued essentially delegating to regional directors the approval/signing of documents pertaining to infrastructure right-Of-way (row) for national projects including the approval for payments of claims and signing of checks. The DO also reiterates that the ROW functions are delegated, and a system of deploying ROW task forces UPMO-ROW activities and their approving authorities shall continue to be governed by Department Order (DO) No. 203, s. 2016, and Special Order (SO) No.1, s. 2017. This Order also supersedes D.O. 19 (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003) (s. 2017). D.O. 156 (s. 2016), D.O. 133 and 133-A (s. 2014), D.O. 24 (s. 2007), D.O. 327 (s. 2003), and all other department orders and policies, or portions thereof, contrary to or inconsistent with this Order are amended accordingly.

(ix) DPWH Department Order (DO) No. 203 s. 2016 Creation of Unified Project Management Office Right of Way (UPMO-ROW) Task Force. Recognizing that implementation of urgent national roads, bridges and various flood control projects are hampered by the delay in the right of way acquisition a Task Force on UPMO-ROW and Technical Working Group (TWG) are created. The Task force will be headed by the Undersecretary for UPMO Operations, the Vice Chairman Director Legal Service and Technical Working Group members to be composed of ROW Task Force. The DO also defines the functions of the UPMO Task Force and TWG, processing and payment of valid claims, submission of documents, records keeping and signing authority.

(x) DPWH Special Order (SO) No.1 s.2017 In line with the issuance of DO No. 203 s. 2016, this Order re Composition of Unified Project Management Office ROW Task Force was issued. The UPMO ROW Task Force will be supported by a TWG to be represented by the representatives of the members of the Task Force. The Functions of the ROW Task force are (i) organize a technical working ROW Team for each UPMO cluster that will handle ROW acquisition of its projects, to be headed by its Project Manager assigned to the project (ii) monitor the row acquisition (iii) execute and recommend appropriate resolutions pertaining to ROW payment and (iv) review the validation of supporting undertaken by its TWG.

(xi) DPWH Department Order No. 34 s. 2007 to streamline and standardize its operating procedures DPWH issued the department order was issued to simplify the guidelines for the validation and evaluation of Infrastructure right-of-way claims. The Guidelines is in line with the provisions of the DPWH IROW Procedural Manual adopted under Department Order No.5, s. 2003, as amended, particularly in the validation and evaluation of claims for IROW acquisitions.

(xii) DPWH Department Order No.5 s. 2003 this order was issued to identify, acquire, and manage right-of-way (ROW) efficiently and in a timely manner for the implementation of infrastructure projects, an improved IROW process was adopted, among others, (i) it shall be applicable to all foreign-assisted and locally funded projects. (ii)The Implementing Office (I0) shall ensure that IROW costs are always included in project budgets. (iii) All ROW must be fully acquired and cleared before the issuance before the Notice of Award for the project.

(xiii) DPWH Department Order No. 130 Series of 2016 provides the guidelines for the Implementation of the Provisions of Republic Act No. 6685 and Republic Act

9710 or the Magna Carta of Women. The Implementing Rules and Regulations mandates that contractors to hire a minimum percentage of 50% of unskilled and 30% skilled manpower requirement from the unemployed bona fide residents of the locality and shall be equally accessible to both women and men.

(xiv) NHA Memorandum Circular No.2427 s. 2012 as enabler and facilitator in the housing delivery process under RA7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementer with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management.

157. NHA Memorandum Circular No.2423 s. 2012 given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples to improve their living conditions and uplift their well-being through the provision of decent shelter. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP Community and NHA.

2. Indigenous People

158. The Indigenous Peoples’ Rights Act (IPRA) of 1997. IPRA sets conditions, requirements, and safeguards for plans, programs, and projects affecting IPs. The important provisions of IPRA are:

(i) Right to their ancestral domains. (Chapter III, Section 11);

(ii) Right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will impact upon their ancestral domains; (Chapter III, Section 7b);

(iii) Right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them; (Chapter IV, Section 16);

(iv) Right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private; (Chapter III, Section 7b);

(v) Right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and indigenous cultural communities (ICC) concerned; (Chapter III, Section 7c);

(vi) Right to be secure in the lands to which they have been resettled; (Chapter III, Section 7d);

(vii) Right to determine and decide their own priorities for the lands they own, occupy, or use; (Chapter IV, Section 17);

(viii) Right to maintain, protect, and have access to their religious and cultural sites; (Chapter IV, Section 33);

159. NCIP has issued number of AO that puts into operation the provisions of IPRA. The most important AO for purposes of this RIP is NCIP AO No. 3 or the Revised Guidelines on FPIC and Related Processes of 2012.

3. Other Laws and Guidelines

160. Other laws that impinge on social safeguards are:

(i) Republic Act 7279 is an act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes. The law also provides that local government units in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places as sidewalks, roads, parks, and playgrounds. The local government unit, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families.

(ii) NHA Memorandum Circular No.2427 s. 2012 as enabler and facilitator in the housing delivery process under RA7279, NHA issued the Revised Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units designed to enhance the capabilities of LGUs outside Metro Manila to provide housing for informal settlers requiring relocation and resettlement. Target beneficiaries include families displaced or to be displaced from sites earmarked for government infrastructure projects. As partners of program, NHA will (i) provide technical assistance to LGUs in preparing project plans and formulating policies and guidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants) for the development of resettlement sites. The LGUs on the other hand shall (i) contribute land for the project and (ii) be the lead project implementer with overall responsibility for the operation and management of the resettlement project to include preparation of overall project plans, site development and housing plans, beneficiary selection, relocation of families and estate management.

(iii) NHA Memorandum Circular No.2423 s. 2012 given the existing housing conditions of the Indigenous Peoples, NHA issued the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples. To be pursued under the framework of Resettlement Assistance for LGUs, the land required for the housing project in an ancestral domain, shall be made available for the IP community concerned. NHAs assistance shall be in the form of funds for land development or housing construction and technical assistance. All plans for the project shall be jointly approved by the LGU, the IP Community and NHA.

(iv) Republic Act 8972 or the Solo Parent’s Welfare Act 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.

(v) Addressed in para 156and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes.

(vi) 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.

(vii) Republic Act No. 9710 with Implementing Rules and Regulation is an act providing for the Magna Carta of Women.

(viii) Republic Act 6685 (1988) Requires private contractors who are awarded national or local projects to hire at least fifty percent (50%) of the unskilled and at least thirty percent (30%) of the unskilled labor requirements from the available bona fide residents of the province, city or municipality where the projects are to be undertaken.

(ix) 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.

(x) Republic Act 7432 (1992) An Act to maximize the contribution of Senior Citizens to nation building, grant benefits and special privileges and for other purposes provides the privileges for senior citizens such as grant of 20% discount from all establishments relative to the utilization of transportation services, hotels and similar lodging establishments, restaurants and recreation centers and purchase of medicine anywhere in the country.

(xi) RA 9054 of 2001, or the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM), The Regional Government as devolved to local government units adopts measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions among its inhabitants in the spirit of unity in diversity and peaceful co-existence. It undertakes measures to protect the ancestral domain and the ancestral lands of indigenous cultural communities. The phrase "indigenous cultural community" refers to Filipino citizens residing in the Autonomous Region who are Tribal peoples as well as Bangsa Moro people regarded as indigenous on account of their descent from the populations that inhabited the country or a distinct geographical area at the time of conquest or colonization and who, irrespective of their legal status.

(xii) DPWH Memorandum Circular No. 2423 or the Revised Guidelines for the Implementation of the Housing Assistance Program for Indigenous Peoples (April 18, 2012). In recognition of RA 8371 or the Indigenous Peoples Rights Act of 1997, NHA has issued Circular 2423 to assist IPs improve their living conditions and uplift their well-being through provision of decent shelter. The projects under this program are implemented as LGU projects in coordination with NCIP and project development plans shall be jointly approved by the LGU, NHA and the IP community. NHA’s fund assistance for said program is considered as grant to (i) all municipalities (ii) 5th and 6th class cities and 5th

and 6th class provinces to cover land development or housing construction and technical assistance.

B. ADB Policies

161. Involuntary Resettlement. According to ADB’s Safeguard Policy Statement (SPS), the objectives of the ADB safeguards policy are to avoid involuntary resettlement (IR) 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.

162. The IR safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary land acquisition, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers 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.

163. 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. APs and/or AHs, whichever is deemed applicable, who are unable to demonstrate a legalizable or recognizable claim to the land being acquired will be eligible for compensation with respect to non-land assets only, and not the land itself. They will however be provided with other benefits and allowances as provided to other APs.

164. 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 through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts, and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the

loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

165. Indigenous Peoples. Under the ADB safeguards policy of 2009, the main objective with respect to IP is to design and implement projects in a way that fosters full respect for IP identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the IPs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. IP safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of IPs or affects the territories or natural or cultural resources that IPs own, use, occupy, or claim as an ancestral domain or asset.

166. ADB’s SPS for indigenous people’s requirements include: (i) consultation and participation; (ii) social impact assessment; (iii) indigenous peoples planning; (iv) information disclosure; (v) GRM; (vi) monitoring and reporting; and (vii) unanticipated impacts. These requirements are anchored upon the following safeguards policy principles for indigenous peoples:

(i) Screen early on to determine (i) whether Indigenous Peoples are present in, or have collective attachment to, the project area; and (ii) whether project impacts on Indigenous Peoples are likely.

(ii) Undertake a culturally appropriate and gender-sensitive social impact assessment or use similar methods to assess potential project impacts, both positive and adverse, on Indigenous Peoples. Give full consideration to options the affected Indigenous Peoples prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected Indigenous Peoples that are culturally appropriate and gender and inter-generationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on Indigenous Peoples.

(iii) Undertake meaningful consultations with affected Indigenous Peoples communities and concerned Indigenous Peoples organizations to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected Indigenous Peoples communities in a culturally appropriate manner. To enhance Indigenous Peoples’ active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the Indigenous Peoples’ concerns.

(iv) Ascertain the consent of affected Indigenous Peoples communities to the following project activities: (i) commercial development of the cultural resources and knowledge of Indigenous Peoples; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of Indigenous Peoples. For the purposes of policy application, the consent of affected Indigenous Peoples communities refers to a collective expression by the affected Indigenous Peoples communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities.

(v) Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected Indigenous Peoples communities

participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared.

(vi) Prepare an Indigenous Peoples plan (IPP) that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected Indigenous Peoples communities. The IPP includes a framework for continued consultation with the affected Indigenous Peoples communities during project implementation; specifies measures to ensure that Indigenous Peoples receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures.

(vii) Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected Indigenous Peoples communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected Indigenous Peoples communities and other stakeholders.

(viii) Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.

(ix) Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, taking into account the baseline conditions and the results of IPP monitoring.

(x) Disclose monitoring reports. 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 (2011) and Accountability Mechanism (2012).

C. Gap Analysis and Project Principles

167. Under RA 8974, there are different modes of acquiring title to, and ownership of, private property particularly real estate property, as well as the modes of acquiring right to use private property for another purpose. RA 8974 specifies the following methods: Donation, Quit Claim, Exchange or Barter, Negotiated Sale or Purchase, Expropriation and any other modes of acquisition authorized by law. The law provides the different bases for land valuation. The Implementing Agency shall negotiate with the owner for the purchase of the property by offering first the current zonal value issued by the Bureau of Internal Revenue for the area where the private property is located. The law also states that valuation of the improvements and/or structures on the land to be acquired shall be based on the replacement cost which is defined as the amount necessary to replace the structure or improvement based on the current market prices for materials, e overhead, and all other attendant costs associated with the acquisition and installation in place of the affected improvements/ installation.

168. The first Land Acquisition, Resettlement and Rehabilitation (LARR) Policy was formulated in 1999 specifically for the World-Bank assisted First National Road Improvement and Management Program (NRIMP). Thereafter, the LARR Policy of 1999 was adopted, with some modifications in pursuance to prevailing laws and policies, by other financing institutions such as the Asian Development Bank (ADB) and the Japanese Bank International for Cooperation (JBIC) in their projects. A second edition of the LARR Policy was formulated in 2004 for projects under the ADB-funded Sixth Road Project.

169. The Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (LARRIPP; 2007 3rd Edition) Framework is based on RA 8974 and the Infrastructure Right-of-Way (IROW) Procedural Manual was extracted from the LARRIPP. To ensure uniformity of standards in Resettlement Planning, these contain the DPWH’s Indigenous Peoples Policy, based on the Indigenous Peoples’ Rights Act (IPRA) and NCIP Administrative Order No. 1, series of 2006 or the Free and Prior, Informed Consent Guidelines of 2012. LARRIPP provides guidance in preparing resettlement plans and safeguard instruments for Indigenous Peoples (IPs) affected by all types of infrastructure projects implemented by the DPWH, whether foreign or locally funded.

170. The LARRIPP spells out the legal framework and donors’ policies governing instances when infrastructure projects implemented by the DPWH cause the involuntary taking of land, structures, crops, and other assets resulting in some cases in the displacement and resettlement of affected persons. It enumerates the entitlements and benefits that affected households should rightfully receive under the law based on the Project’s adverse impacts on their assets, livelihood, and lives. It reiterates RA 8974 as to modes of acquiring title and valuation of assets. It expounds on safeguards to be followed based on Philippine law when these affected persons are Indigenous Peoples, living inside and outside an officially declared ancestral domain. Finally, the LARRIPP delineates the institutional framework for the implementation of the policy and provides mechanisms, both internal and external to the DPWH, for monitoring and evaluating the impact of safeguard measures, e.g. resettlement plan, indigenous peoples’ action plan. The DPWH Social and Environmental Management Systems (SEMS) Policy Framework and Operations Manual is similarly anchored on LARRIPP.

171. Republic Act (RA) 10752 of 2016 provides clearer and simpler ROW acquisition guideline which benefits both the property owners/project-affected persons (APs) and Implementing Agencies (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 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.

172. RA 10752 Annex A. #4 Standards and Specifications reiterates but provides more clarity to RA 8971 and the LARRIPP. In providing the services and delivering the desired outputs, the GFI/IPA shall observe the following standards and specification listed under Sec 7 of RA 10752:

(i) The classification and use of which the property is suited; This shall be based on, among other things, the latest approved land use plan and/or zoning ordinance, if any, of the city or municipality concerned.

(ii) The development cost for improving the land; this shall be based on, among other things, the records and estimates of the City or Municipal Assessor concerned, GFI or IPA for similar or comparable lands.

(iii) The value declared by the owners; this shall be based on the value shown in the owners’ latest Tax Declaration Certificates or Sworn Statements.

(iv) The current selling price of similar lands in the vicinity; This shall be based on, among other things, the latest records on Deed of Sale for similar lands in the office of the Register of Deeds concerned.

(v) The reasonable disturbance compensation for the removal and/or demolition of certain improvements on the land and for the value of improvements thereon; this shall consider, among other things, the replacement cost of improvements at current market prices as provide in Sec 6.6 of the IRR.

(vi) The size, shape or location, tax declaration and zonal valuation of the land; These shall be based on, among other things, the latest records on Deed of Sale in the Register of Deeds, tax declaration by the City or Municipal Assessor, zonal valuation of the BIR for comparable properties.

(vii) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and

(viii) 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 required from them by the government, and thereby rehabilitate themselves as early as possible.

173. Under the ADB-SPS (Appendix 2, Para 10), the rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv)transitional and restoration costs; and (v) other applicable payments, if any.

174. Based on the key elements of SPS replacement cost and the specifications of valuation for land, structures, trees and crops under RA 10752 (Para 126), there was found to be no gap on replacement cost considerations for full compensation.

175. The policies of the Government to acquire land, improvements, crops and trees at replacement cost using current market value has significantly improved as compared to RA 8974. A gap-analysis and gap-filling measures have been prepared and shown in Table 32.

Table 31. Involuntary Resettlement Gap-Equivalence Analysis ADB Policy GOP Laws Gap Gap-Filling Measure 1. Pay Under RA 10752, APs Mode of payment/ The APs will be paid compensation and will be paid in two compensation for 100% compensation provide other instalments for their affected assets/ prior to removal of resettlement affected properties. properties. assets and entitlements Initially, they will be properties. before physical or paid 50% of economic compensation due for The APs will not be displacement. their affected lands displaced until after Implement the and 70% of they have received in resettlement plan compensation due for full the compensation under close structures and crops and applicable supervision found on their allowances due to throughout project affected lands. The them. implementation. balance in compensation for the

ADB Policy GOP Laws Gap Gap-Filling Measure land and improvements will be paid to the APs only after the acquired lands have been cleared of all improvements (i.e., structures, trees, and crops). However, DPWH ESMS Section 9.4.1 states that "The APs will not be displaced until after they have received in full the compensation and applicable allowances due to them". Also, DPWH LARRIPP 2007 Chapter VIII, Monitoring and Evaluation, includes the question in the checklist for internal monitoring of RAP implementation about the timely delivery of compensation and entitlements "Have AF's (affected families) received payment for affected structures and lands on time?" GOP Laws and the Land donation is Land donation will not DPWH SES not within the scope be applied. recognize land of the ADB SPS of donation as a 2009. modality for land acquisition. 2. Severely B. Marginally-affected There is difference Marginally-affected affected persons/ APs: is the portion of in usage of APs with Affected HHs: When the the property to be severity. Productive Assets loss of the AP is affected is only partial example farmland equivalent to 10% or less than 20% of and income from or more of its total the total area and the other sources productive assets remaining portion of (business/shop) will (e.g., farmland, fish the property or asset be reclassified as farm) and incomes is still viable for severely affected – from other sources continued use. losing 10% or more (e.g., business/ of productive assets. shops), and/or However, if the when the AP losses property to be its house totally and affected is less than must reorganize 20% but the behind the right-of- remaining portion is way or relocate no longer viable for elsewhere continued use will

ADB Policy GOP Laws Gap Gap-Filling Measure also be reclassified as severely- affected. 3. Compensation for PAPs without legal PAPs without legal PAPs who do not non-land assets. entitlement to affected rights to affected have legally PAPs who have land will be eligible for land are potentially recognized right to the neither formal legal compensation for ineligible for affected land but who rights nor structures and compensation for occupy the project recognizable claims improvements with non-land losses if affected area prior to to affected land they following criteria: they occupy ROW the cut-off date are occupied, are to be - Must be a Filipino or are classified as eligible for compensated for the citizen; professional compensation for all loss of assets other - Must not own any squatters or who losses, other than than land, and for real property or any own real property land, at full other improvements other housing facility, elsewhere. replacement cost. to the land, at full whether in an urban replacement cost, or rural area; “Squatting syndicates” provided they - Must not be a as defined in section 3 occupied the project professional squatter of RA 7279 and who area prior to the or a member of a are certified by project cut-off date. squatting syndicate, HUDCC and or other as defined in R.A No. Government Agency 7279, otherwise (PNR, LGU among known as the "Urban others) as such will Development and not be eligible for housing Act of 1992"; compensation or assistance. (Section 5(b) of RA 10752) “Squatting Presence in the syndicates” as defined project affected area in section 3 of RA at cut-off date to be 72795 will not be validated through eligible for census and validated compensation or by the Local Inter- assistance. Agency Committee. 4. Eligibility for Socialized Housing: Restrictions on All relocating PAPs resettlement eligibility for will be eligible for: assistance. Under Section 16 of RA resettlement - relocation allowance, Physically displaced 7279, informal settlers: assistance for those including persons will be To qualify for the who have previously transportation provided with socialized housing availed of socialized allowances relocation program, a beneficiary: housing or have real assistance, - Must be a Filipino property elsewhere. AND one of the two transitional support citizen; following option: and development - Must be an assistance. underprivileged and (i) self-relocation, Improve the homeless citizen (ii) on-site relocation, standards of living - Must not own any real (iii) relocation to of the displaced property whether in project- sponsored poor and other the urban or rural resettlement sites in vulnerable groups, areas; and cooperation with key including women, to - Must not be a actors – local at least national professional squatter governments and other minimum standards or a member of entities as mandated and provide them squatting syndicates. by law with appropriate income sources and “Squatting syndicates” legal and affordable as defined in section 3 access to adequate of RA 7279 and who housing.

ADB Policy GOP Laws Gap Gap-Filling Measure are certified by HUDCC as such will not be eligible for resettlement assistance.

176. For IP safeguards, a gap-equivalence assessment with GOP laws, in particular IPRA and the DPWH LARRIPP was conducted, results of which are shown in Table 33.

Table 32. Indigenous Peoples Gap-Equivalence Analysis Gap ADB Policy GOP Laws Gap-Filling Measure The definition of Scope of Application/ Indigenous Peoples IPRA will prevail Indigenous Peoples Definitions: The term IP is (IPs) are defined by the under IPRA fully used in a generic sense to IPRA Law (Sec 3. (h) covers the ADB usage refer to a distinct, as “a group of people under the SPS. It vulnerable, social and or however goes beyond cultural group possessing homogenous societies the ADB usage through the following identified by self- the concepts of (i) time characteristics in varying ascription and immemorial degrees: (i) Self- ascription by others, occupation, possession identification as members who have continuously and utilization of of a distinct indigenous lived as organized territories, (ii) historical cultural group and community on differentiation as a recognition of this identity communally bounded result of resistance to by others; (ii) Collective and defined territory political, social and attachment to and who have, under cultural inroads of geographically distinct claims of ownership colonization, and (iii) habitats or ancestral since time immemorial, descent. territories in the project occupied, possessed area and to the natural and utilized such resources in these territories, sharing habitats and territories; (iii) common bonds or Customary cultural, language, customs, economic, social, or traditions and other political institutions that distinctive cultural are separate from those of traits, or who have, the dominant society and through resistance to culture; and (iv) A distinct political, social and language, often different cultural inroads of from the official language colonization, of the country or region. nonindigenous religions and cultures, became historically differentiated from the majority of Filipinos” . The LARRIP has no Unanticipated Impacts: Included as a concern ADB policy will prevail explicit provisions on Should un-anticipated under external unanticipated impacts. impacts on IPs become monitoring only. apparent during project implementation, such as a change in the project’s footprint, the borrower/client will carry out a social impact assessment and update the IPP or formulate a new IPP covering all applicable requirements specified in this document.

D. Social Safeguards Policy Principles for the Project

177. The Project shall, under the aegis of DPWH, uphold legal provisions of the Government of the Philippines and the ADB-SPS 2009 safeguard requirements as embodied in the RIPF. The resettlement and IP policy principles for the Project are thus as follows:

(i) Screen subproject components during early stages to identify involuntary resettlement impacts and risks as well as presence of IPs/ICCs and the likelihood of impacts on identified IPs/ICCs per project activity. These impacts and risks must be minimal. Appropriate social safeguards planning documents will be developed precisely and accurately as a result of a social assessment.

(ii) Carry out culturally appropriate and gender-sensitive social assessment to assess potential impacts on APs particularly with IPs/ICCs living in the project areas and concerned NGO organizations. Inform all APs including IPs/ICCs on potential restriction to access to natural resources because of the project and ensure their participation in the project cycle.

(iii) Conduct meaningful consultations with affected APs/IPs/ICCs to solicit their participation across the project cycle to (a) avoid adverse impacts or - issues of access restriction will be avoided as much as possible - when avoidance is not possible, to minimize, mitigate, or compensate for such effects; (b) develop project benefits for affected Indigenous Peoples in a culturally appropriate manner; (c) provide culturally appropriate and gender inclusive capacity development; and (d) establish a culturally appropriate and gender inclusive GRM.

(iv) In areas that affect ancestral domains, full consultation in order to generate consensus with IPs/ICCs will be upheld to safeguard areas with customary rights. These will be reflected in the social safeguards planning document with particular actions to protect or compensate IPs/ICCs. The absence of broad community support as manifested in the Certificate Precondition/Free and Prior Informed Consent/Certificate on Non-Overlap shall make the project component not eligible for the use of loan proceeds.

(v) Improve or at least restore the livelihood of the APs/IPs/ICCs through (a) land- based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; (c) prompt compensation at full replacement cost for lost assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible.

(vi) APs/ IPs/ICCs shall be involved in resettlement and IP/ICC planning based on the social assessment, and social safeguards planning documents will include a framework for continued consultation with the IPs/ICCs during project implementation and cover all appropriate mitigation measures to improve, or at least restore, the livelihoods of all APs/IPs/ICCs, especially vulnerable groups so that the living standard of APs/IPs/ICCs do not become worse off compared to pre-project levels. Social safeguards planning documents should elaborate on culturally appropriate GRM, AP/IP/ICC entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs/IPs/ICCs with appropriate assistance.

(vii) APs/IPs/ICCs 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, and the elderly and other vulnerable persons.

(viii) Eligible APs will be compensated and assisted as per the entitlement matrix set out in this framework. Voluntary donation will not be applied in the project.

(ix) Disclose the draft social safeguards planning documents and its updates before subproject appraisal to the APs/IPs/ICCs and other stakeholders in an accessible place and a form and understandable language.

(x) Land acquisition, resettlement, and IPs/ICCs 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.

(xi) Civil works and/or restrictions to use of land resources will not commence unless APs/IPs/ICCs are fully compensated, and all other entitlements provided.

(xii) Monitor implementation of the social safeguards planning documents; monitor and assess resettlement outcomes, their impacts on the standards of living of APs/IPs/ICCs, and also disclose the monitoring reports.

(xiii) Disclose monitoring reports as uploaded on to ADB and DPWH websites; and to the project sites specifically the affected communities/persons, in summary form.

(xiv) Should unanticipated involuntary resettlement and IP/ICC impacts be determined during project implementation, DPWH will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new one covering all applicable requirements specified in the RIPF.

VII. COMPENSATION AND OTHER ENTITLEMENTS

A. Affected Persons and Eligibilities

178. APs are those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, and resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, social and cultural networks and activities. Such impacts may be permanent or temporary. To sum up, APs are:

(i) Persons with formal legal rights to land and structures lost in its entirety or in part; (ii) Persons who have no formal legal rights to such land and/or structures wholly or in part but who have claims to such lands that are recognized or recognizable under national laws; and (iii) Persons who lost the land they occupy in entirety or in part who have neither legal rights nor recognized or recognizable claims to such land.

179. Specific to the project, the following types of APs are qualified:

(i) Landowners and Land Users a. Legal owners (e.g., agricultural, 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. b. Users or occupants that have no land title or tax declaration over the affected land. c. Renters of the affected land.

(ii) APs with Structures a. Owners of structures who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.) b. Owners of structures, including shanty dwellers, who have no land title or tax declaration or other acceptable proof of ownership c. Renters

(iii) APs with Crops, Fruit Trees, and other Perennials a. Owners of affected crops, fruit trees and perennials who have full title, tax declaration, or other acceptable proof of ownership (e.g. possessory rights, usufruct, etc.) b. Owners of affected crops, fruit trees and perennials who have no land title or tax declaration or other acceptable proof of ownership.

(iv) APs Affected by the Loss of Livelihood and Sources of Income a. Owners of registered or unregistered shops, regardless of land tenure status, whose business operation will be disrupted temporarily or permanently due to the project. b. Hired-labor (e.g., farm worker, house help, and store helper) who will lose their job temporarily or permanently due to the project.

180. In this Project, the cut-off date of eligibility for project entitlements is 08 February 2018 the starting date of the census of APs and the IOL of APs’ land and/or non-land assets for PR13. Persons making claims after the said cut-off date are not eligible for compensation and entitlements.

B. Compensation and Entitlements

181. 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 groups14. Pursuant to the RIPF, DPWH will offer to the property owner concerned, as compensation price, the sum of: (i) replacement cost of land based on the current market value of land, free of taxes15 (ii) the replacement cost of structures and improvements and (iii) the current market value of crops and trees. Replacement Cost — refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices.

182. As stated in Section 6.1b of the IRR of RA 10752, the Replacement Cost of a structure or improvement affected by the ROW shall be based on the current market prices of materials, equipment, labour, contractors profit and overhead, and all other attendant costs associated with the acquisition and installation of a similar asset in place of the affected asset. The Replacement Cost of the structure may vary from the market value of the existing structure since the structure that would actually replace it may have a different cost at current market prices. The replacement structure has to perform the same functions and meet the performance of specifications as original structure.

183. To determine the appropriate price offer for the acquisition of ROW through negotiated sale, DPWH will engage the services of a government financial institution (GFI) with adequate experience in property appraisal or an independent property appraiser (IPA) accredited by:(1) the Bangko Sentral ng Pilipinas (BSP)or(2)a professional association of appraisers recognized by BSP.

184. Entitlements and compensation are determined according to the nature of the impacts. A range of entitlements is provided in Table 34.

14 Vulnerable groups include children under 5, undernourished children, pregnant women, old and disabled persons, landless and informal settlers whose combined household income falls below the poverty threshold, indigenous peoples, those with income below the poverty threshold, and households headed by women. 15 free of taxes, including capital gains tax, documentary stamps tax, transfer tax, and registration fees, except Real Property Tax (RPT) arrears

Table 33. Compensation and Entitlement Matrix Impact/ Loss No Application Entitled Person Entitlement Category A. LAND LOSS 1 Classified as Severely affected AP with Title • Cash compensation for loss of Agricultural, (10% or more of land at full replacement cost (30 HHs) the total computed at current market value, landholding lost or free of taxes, including capital where less than gains tax (CGT), documentary 10% lost but the stamps tax (DST), transfer tax, and remaining registration fees, except Real landholding Property Tax (RPT) arrears becomes • If feasible, land for land will be economically provided in terms of a new parcel unviable) 6 HHs of land of equivalent productivity, severely affected at a location acceptable to APs but the remaining • Holders of Certificates of Land landholding are Ownership Award (CLOA) still economically granted under the viable Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • 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 • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking. • Rehabilitation assistance in the form of skills training equivalent to the amount of Php15,000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity.

Impact/ Loss No Application Entitled Person Entitlement Category • Option to have entire lot acquired if remaining portion is economically unviable. 2 APs without title and • Cash compensation for loss of land with tax at full replacement cost computed declarations and/or at current market value, free of other documents taxes, including capital gains tax that may show (CGT), documentary stamps tax proof of ownership (DST), transfer tax, and registration fees, except Real Property Tax Provided that the (RPT) arrears land owner shall • If feasible, land for land will be present: provided in terms of a new parcel of land of equivalent productivity, • Tax Declaration at a location acceptable to APs showing his and • Holders of free or homesteads his predecessors’ patents and CLOA under CA 141. open and [(i) follow the other modes of continuous acquisition enumerated in the IRR possession of the of RA10752, if the landowner is property for at not the original patent holder and least thirty (30) any previous acquisition of said years; land is not through a gratuitous • Certification from title; Cash compensation for loss the Department of of land at 100% current market Environment and value and improvements at Natural replacement cost) or (ii) follow the Resources provisions under CA No. 141 (DENR) that the regarding acquisition of ROW on land is alienable patent lands, if the landowner is and disposable; the original patent holder or the and acquisition of the land from the • Other legally original patent holder is through a recognized proof gratuitous title] except for of ownership improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. • Cash compensation for damaged crops at market value at the time of taking.

If severely affected (10% or more of the total landholding lost or where less than 10% lost but the remaining landholding becomes economically unviable), in addition to the above:

• Rehabilitation assistance in the

Impact/ Loss No Application Entitled Person Entitlement Category form of skills training equivalent to the amount of Php15, 000.00, per family, if the present means of livelihood is no longer viable and the AP will have to engage in a new income activity. • Option to have entire lot acquired if remaining portion is economically unviable. 3 Marginally affected AP with Title • Cash compensation for loss of land at full replacement cost computed (Less than 10% of at current market value, free of the total taxes, including capital gains tax landholding lost (CGT), documentary stamps tax and the remaining (DST), transfer tax, and registration landholding is fees, except Real Property Tax economically (RPT) arrears viable) • If feasible, land for land will be 24 HHs provided in terms of a new parcel of land of equivalent productivity, at a location acceptable to APs • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • 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 • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated for land improvements only. • Cash compensation for damaged crops at market value at the time of taking. 4 APs without title • Cash compensation for loss of land

Impact/ Loss No Application Entitled Person Entitlement Category and with tax at full replacement cost computed declarations and/or at current market value, free of other documents taxes, including capital gains tax that may show (CGT), documentary stamps tax proof of ownership (DST), transfer tax, and registration fees, except Real Property Tax Provided that the (RPT) arrears land owner shall • If feasible, land for land will be present: provided in terms of a new parcel of land of equivalent productivity, • Tax Declaration at a location acceptable to APs showing his and • Holders of free or homesteads his predecessors’ patents and CLOA under CA 141. open and [(i) follow the other modes of continuous acquisition enumerated in the IRR possession of the of RA10752, if the landowner is property for at not the original patent holder and least thirty (30) any previous acquisition of said years; land is not through a gratuitous • Certification from title; Cash compensation for loss the Department of of land at 100% current market Environment and value and improvements at Natural replacement cost) or (ii) follow the Resources provisions under CA No. 141 (DENR) that the regarding acquisition of ROW on land is alienable patent lands, if the landowner is and disposable; the original patent holder or the and acquisition of the land from the • Other legally original patent holder is through a recognized proof gratuitous title] except for of ownership improvements at replacement cost • Holders of Certificates of Land Ownership Award (CLOA) granted under the Comprehensive Agrarian Reform Act (RA 6657) shall be compensated at current market value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. • Cash compensation for damaged crops at market value at the time of taking. 5 Classified as Entirely affected AP with titles , tax • Cash compensation for loss of land Residential (remaining portion is declarations and at full replacement cost computed at not viable for other proof of current market value, free of taxes, (3 HHs) residential ownership including capital gains tax (CGT), purposes) documentary stamps tax (DST), transfer tax, and registration fees, 2 HHs severely except Real Property Tax (RPT) affected but the arrears remaining portion is • If feasible, land for land will be still viable for provided in terms of a new parcel of residential purposes land of similar attributes and locational advantage as the land lost,

Impact/ Loss No Application Entitled Person Entitlement Category at a location acceptable to APs

The entire plot will be acquired and resettlement assistance provided as described in the entitlement matrix. 6 AP without titles • Cash compensation for loss of land and with tax at full replacement cost computed at declarations and current market value, free of taxes, other proof of including capital gains tax (CGT), ownership documentary stamps tax (DST), transfer tax, and registration fees, Provided that the except Real Property Tax (RPT) land owner shall arrears present: • Holders of free or homesteads patents and CLOA under CA 141. • Tax Declaration [(i) follow the other modes of showing his and acquisition enumerated in the IRR his predecessors’ of RA10752, if the landowner is open and not the original patent holder and continuous any previous acquisition of said possession of the land is not through a gratuitous property for at title; Cash compensation for loss least thirty (30) of land at 100% current market years; value and improvements at • Certification from replacement cost) or (ii) follow the the Department of provisions under CA No. 141 Environment and regarding acquisition of ROW on Natural patent lands, if the landowner is Resources the original patent holder or the (DENR) that the acquisition of the land from the land is alienable original patent holder is through a and disposable; gratuitous title] except for and other improvements at replacement cost documents that • Holders of Certificates of Land may show proof of Ownership Award (CLOA) granted ownership under the Comprehensive • Other legally Agrarian Reform Act (RA 6657) recognized proof shall be compensated at current of ownership market value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only.

The entire plot will be acquired and resettlement assistance provided as described in the entitlement matrix. 7 Partially affected AP with titles , tax • Cash compensation for loss of land 1HH declarations and at full replacement cost computed at other proof of current market value, free of taxes, ownership including capital gains tax (CGT), documentary stamps tax (DST), transfer tax, and registration fees, except Real Property Tax (RPT) arrears • If feasible, land for land will be provided in terms of a new parcel of

Impact/ Loss No Application Entitled Person Entitlement Category land of similar attributes and locational advantage as the land lost, at a location acceptable to APs 8 AP without titles • Cash compensation for loss of land and with tax at full replacement cost computed at declarations and current market value, free of taxes, other proof of including capital gains tax (CGT), ownership documentary stamps tax (DST), transfer tax, and registration fees, Provided that the except Real Property Tax (RPT) land owner shall arrears present: • Holders of free or homesteads • Tax patents and CLOA under CA 141. Declaration [(i) follow the other modes of showing his and acquisition enumerated in the IRR his predecessors’ of RA10752, if the landowner is open and not the original patent holder and continuous any previous acquisition of said possession of land is not through a gratuitous the property for title; Cash compensation for loss at least thirty of land at 100% current market (30) years; value and improvements at • Certification from replacement cost) or (ii) follow the the Department provisions under CA No. 141 of Environment regarding acquisition of ROW on and Natural patent lands, if the landowner is Resources the original patent holder or the (DENR) that the acquisition of the land from the land is alienable original patent holder is through a and disposable; gratuitous title] except for and other improvements at replacement cost documents that • Holders of Certificates of Land may show proof Ownership Award (CLOA) granted of ownership under the Comprehensive • other legally Agrarian Reform Act (RA 6657) recognized proof shall be compensated at current of ownership market value • Holders of Certificates of Land Ownership Award (CLOA) granted under CA 141. Public Lands Act will be compensated on land improvements only. B. MAIN STRUCTURES 9 Residential Entirely affected AP with Title or with • Cash compensation at structure or 162 HHs tax declaration and replacement value without Commercial other proof of depreciation or deduction for (e.g. ownership of land salvageable materials. commercial upon which the • Entitlements for resettlement establishment, structure is built. assistance (if physically displaced) shop, fixed and income restoration store) (168 assistance, described in the HHs) entitlement matrix below. 10 AP without Title or • Cash compensation at without other proof replacement value without of ownership depreciation or deduction for salvageable materials. • Entitlements for resettlement

Impact/ Loss No Application Entitled Person Entitlement Category Provided that assistance (if physically displaced) meeting all of the and income restoration following criteria: assistance, described in the entitlement matrix below. Must not be a professional squatter or a member of squatting syndicate, as defined in Republic Act No. 7279 11 Partially affected AP with Title or with • Cash compensation at (remaining structure tax declaration and replacement value without is still viable after other proof of depreciation or deduction for repair) ownership of land salvageable materials. 6 HHs upon which the • Cash allowance for repairs and structure is built. reconnection of utilities.16 12 AP without Title or • Cash compensation at without other proof replacement value without of ownership depreciation or deduction for salvageable materials. Provided that • Cash allowance for repairs and meeting all of the reconnection of utilities. following criteria:

Must not be a professional squatter or a member of squatting syndicate, as defined in Republic Act No. 7279 C. OTHER STRUCTURES AND IMPROVEMENTS 13 Loss of other Entirely or partially AP with or without • Cash compensation for the structures (e.g. affected Titles, tax affected other structures or fences, wells, declaration, etc. improvements at replacement external cost. bathrooms, etc. • Cash allowance for repairs if that are not deemed partially affected.17 attached to main structure) and other improvements (78 HHs) 14 Community Structure owner • Cash compensation for the structures affected other structures or (6 barangays) improvements at replacement

cost. • Cash allowance for repairs if deemed partially affected

16 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures and reconnection of utilities. 17 The calculation of compensation at replacement cost by IPA includes costs of repairs of partially affected structures

Impact/ Loss No Application Entitled Person Entitlement Category D. CROPS, TREES AND PERNNIALS 15 Loss of Crops AP with or without Cash compensation for crops, trees, (9 HHs), trees Titles, tax and perennials at current market and perennials declaration, etc. value as prescribed by the (21 HHs) concerned LGUs, DA, and DENR.

E. OTHER ENTITLEMENTS 16 For Agricultural Severely affected Land owner, Livelihood rehabilitation assistance and Agricultural (skills training and other commercial 10% or more of the tenants/settlers/ development activities) will be and including total landholding/ lessee with title, tax provided in coordination with other commercial productive asset declaration and other government agencies, if the present establishment lost or where less proof of ownership or means of livelihood is severely (204 HHs) than 10% lost but in compliance with affected or no longer viable and the the remaining land RA 10752 PAF will have to engage in a new holding or income activity commercial establishment becomes economically unviable, or the commercial structure is no longer viable. 17 For Marginally or APs with affected • Income loss allowance commercial/ severely affected businesses commensurate with actual incomes business loss, up to a maximum of P15,000. (43 HHs) • If severely affected (loss 10% and above of the total area of the commercial structure or where less than 10% loss but the remaining portion becomes economically unviable), Livelihood rehabilitation assistance (skills training and other development activities) will be provided in coordination with other government agencies, if the present means of livelihood is no longer viable and the PAF will have to engage in a new income activity. • Transportation allowance. If relocating to another location, transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business. 18 Affected Loss of APs who are • Cash compensation for net salary employees employment due employed in a of two months based on actual (2 persons) to land acquisition displaced commercial salary. For APs whose income is or clearance. establishment and below or within the minimum lose their job due to wage, cash compensation for four displacement of months based on prevailing business minimum wage. • Livelihood rehabilitation assistance (skills training and

Impact/ Loss No Application Entitled Person Entitlement Category other development activities) provided in coordination with other government agencies 19 For residential Entirely affected APs that need Inconvenience Allowance in the structure relocation and new amount of ₱10,000.00 (162 HHs) construction 20 Vulnerable AHs Additional hardship Vulnerables are Livelihood rehabilitation assistance (125 HHs) encountered by AHs households headed (skills training and other due to vulnerability by women with development activities) provided in dependents; coordination with other government households headed agencies by the elderly; households having members who are person with disabilities (PWDs); households whose income fall below the recognized poverty line; landless households; and indigenous peoples. F. RELOCATION 21 Loss of Families displaced APs/Informal Settlers • Transportation Allowance to move residential who opt to relocate Families (ISFs) who household belongings to new site structure (96 HHs) are relocating • Livelihood rehabilitation assistance

22 Entirely affected Qualified Informal • Provided option for relocation at a without land (15 Settlers Family18 resettlement site in coordination HHs) with the LGUs • Should relocation not be possible within the said period financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by 60 days shall be extended to the affected families by LGUs concerned (RA 7279) • Should relocation at the project resettlement site not be possible by the time of expiration of the 60 days financial assistance, rental assistance will be provided until such time that relocation is possible. • APs will be provided with relocation options suitable to their preference. Options are (i) self- relocation, (ii) on-site relocation, and (iii) relocation to project- sponsored resettlement sites in cooperation with key actors – local governments and other entities as mandated by law.

18 ISFs are identified as poor, not owners of land they occupy and their residential and/or combined residential – commercial structures will be severely affected in terms of both area and foundation and/or structural integrity.

185. During the surveys and consultations, DPWH was able to document that 36 AHs (15%) were deemed absentee owners, 8 (3%) were out during the interview period. Allocations have been made in the RIPP budget and DPWH shall advertise in local newspapers for three consecutive periods in order to locate absentee owners. Compensation accruing them shall be held in escrow by local court/banks until such time the AH claim their entitlement.

186. Compensation for land. The compensation offer will be at current market value at the time of taking. DPWH will pay, for the account of the AP, the capital gains tax, documentary stamp tax, transfer tax, and registration fee. The owner will pay any unpaid real property tax. Other modes of compensation will be explored when feasible, such as land swap for a new parcel of land of equivalent market value, at a location acceptable to the AP and compliant with zoning laws, or a plot of equivalent value, whichever is larger, in a nearby relocation site with adequate physical and social infrastructure. When the affected landholding has higher value than the relocation plot, cash compensation will cover the difference in value.

187. Holders of Certificates of Land Award (CLOA) granted under Comprehensive Agrarian Reform Act will be compensated at current market value at the time of land acquisition. In case of lands granted through Commonwealth Act No.141, otherwise known as "The Public Land Act", the Project will:

(i) Follow modes of acquisition enumerated in RA10752, if the landowner is not the original patent holder and any previous acquisition of said land is not through a gratuitous title; or (ii) Follow the provisions under CA No. 141, as amended, regarding the acquisition of ROW on patent lands is the original patent holder or the acquisition of the land from the original patent holder is through a gratuitous title.

188. Compensation for structures and other improvements. Compensation for structure at replacement cost, defined as cost necessary to replace the affected structure or improvement with a similar asset based on current market. The following applies in compensation for other improvements on the affected land: (i) Cash compensation at replacement cost for the affected structures belonging to the government or nongovernment agencies or the community; and (ii) Cash compensation to cover the cost of reconnecting damaged facilities, such as water, power and telephone lines.

189. Compensation for crops, fruit trees, and perennials. The following applies in compensation for affected crops, fruit trees, and perennials: (i) Cash compensation for perennials at current market value;(ii) Aps will be given sufficient time to harvest crops on the subject land; (iii) Compensation for damaged crops (e.g., rice and corn) at current - market value at the time of taking (compensation will be based on the cost of production per hectare pro-rata to the affected area); and(iv)Cash compensation for fruit trees will be based on current market value.

190. Transportation Allowance or Assistance. For relocating APs, free transportation will be provided to APs to include informal settlers in urban centres who would opt to go back to their places of origin in the provinces or be shifted to government relocation sites. The Municipal Resettlement Implementation Committee (MRIC) shall determine the appropriate amount of transportation allowance for relocating APs.

191. Compensation, transitional allowances and resettlement assistance will be provided in full to affected persons prior to displacement, land clearance and commencement of works in any affected areas.

192. 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, DPWH 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.

193. Gender key considerations. Regardless as to whether the designated household head is a man or a women, both spouses heading AHs will be invited when the compensation is disbursed. New titles at resettlement sites will be issued in the names of both spouses heading household recipients of resettlement site plots. In the long term, the road project is expected to improve women’s access to social services, economic or financial resources or opportunities, and other basic infrastructure.

VIII. RELOCATION STRATEGY

A. Overview of Relocating Households

194. There are 162 households (729 persons) whose houses will be fully affected. Of these, 66 households or 41% will move back outside the ROW on unaffected residual land that they are permitted to use (i.e., land owned by a family member), and 81 households or 50% will self-relocate to another location using their compensation. There are 15 households (9%) who are landless and will relocate to a project resettlement site.

Table 34. Categories of AHs with Fully Affected Houses AHs with Categories of AHs with Fully Affected Houses Municipality/ severely Relocate to Barangay affected Move Back Self-Relocation houses Resettlement Site Alicia 23 0 12 11 Concepcion 23 0 12 11 Payao 139 15 54 70 Balungisan 10 0 3 7 Binangonan 4 0 1 3 Kima 54 5 20 29 Kulasian 29 0 14 15 Poblacion 14 2 8 4 Silal 28 8 8 12 Siay 0 0 0 0 Sibuguey 0 0 0 0 Total 162 15 66 81 Percent 100% 9% 41% 50%

195. All relocatees are eligible for livelihood restoration. There are 11 commercial structures owned by 10 AHs who will either self-relocate or move back from the ROW. They are amongst the 36 business owners eligible for livelihood assistance aside from being entitled to (i) Income loss allowance commensurate with actual incomes loss, up to a maximum of P15,000, (ii) Livelihood rehabilitation assistance (skills training and other development activities) will be provided in coordination with other government agencies, if the present means of livelihood is no longer viable and the PAF will have to engage in a new income activity, and (iii) Transportation allowance commensurate with actual costs will be provided to APs who need to relocate their business.

196. These commercial structures include small 8 sari-sari stores (of light materials), 1 barbershop and 2 sawmills. The Livelihood Restoration Program shall encourage them to sell their own products, groceries or service stalls (e.g., barber’s shop). DPWH will secure agreement from the vocational school(s) to provide technical advice, conduct specific trainings on entrepreneurship and carry out some pilot models on small business/services. Households will also be made aware of what to look into such as the right products, market situation, competition, amount of investments and potential profit, and risks involved.

197. Other forms of assistance that can be extended by the project are the provision of assistance to (i) identify alternative rental space to reestablish business, preferably within the same barangay or City/Municipality; and (ii) secure government soft loans that offer lower transaction costs and interest rates, and long term and flexible payment schedules, to enable self-rehabilitation.

B. Relocation Sites

198. The identified relocation sites of Payao are situated in Barangays Poblacion, Kima and Silal (see Figure 2-4). Based on a barangay resolution, the land will be awarded to the eligible APs for relocation purposes (see Appendix 4.2 Barangay Resolution Awarding Lots to Eligible PAPs). Since, the resettlement sites are accessible and near the main road, construction of access road is unnecessary. Moreover, AHs will be responsible for building their houses using their compensations. There are three resettlement sites to be developed in Payao.

Figure 2: Map showing Relocation Site in Brgy. Kima

Figure 3: Map showing Relocation Site in Brgy. Poblacion

Figure 4: Map showing Relocation Site in Brgy. Silal

199. New titles for resettlement site plots will be issued in the name of both spouses of an AH as recipients for resettlement site plots. Table 36 summarizes the details.

Table 35. Land Area to be Awarded to the relocating APs of Payao Barangay Land Awardees Plot Size/ AH (m2) Total Area of Resettlement Site (m2) Kima 5 100 600 Poblacion 2 100 250 Silal 8 100 800 Total 15 1,650

C. Resettlement Site Description and Development Needs

200. The resettlement sites are accessible and near the main road, construction of access road is unnecessary. It is also accessible to basic services. Water system and electricity are available and accessible. Table 37 provides an overview of the situation and development needs of the identified relocation sites.

Table 36. Description and Development of Relocation Sites in Payao Barangay Site Description Development Needs Kima • Beside the barangay road - Clearing and grubbing • Accessible to electric/power connections. - Cutting of five (5) trees • near the main road being constructed • 100 meters away from the center of barangay Kima Poblacion • Accessible to electric/power connections. No need clearing and • near the main road being constructed grubbing • 200 meters away from the center of Barangay Poblacion • near the municipal hospital and barangay hall Silal • Accessible to electric/ power connections - Clearing and grubbing • Near the main road being constructed - Cutting of ten (10) trees • Within the center of barangay Silal • Near barangay hall, barangay health office and mosque

201. The total development cost for the resettlement sites and plots is estimated to be PhP 37,700. A breakdown of the site development costs in Payao is presented in Table 38.

Table 37. Estimated Cost for Resettlement Site Development Total Area of Resettlement Estimated Site Development Barangay Plots to be Awarded Site (m2) Costs (PhP) Kima 600 5 14,50019 Poblacion 250 2 5,20020 Silal 800 8 18,00021 Total 1,650 15 37,700

D. Implementation Arrangement

202. The provision of the resettlement site will be undertaken by DPWH and the LGU. Since the relocating AHs are few and not reaching 200 as standard of NHA for socialized housing, the LGU or the barangay are the agencies responsible for providing the relocation site.

19 Including labor cost (Php 9,500) and water and electricity reconnection service (Php 1,000/AH) 20 Including labor cost (Php 3,200) and water and electricity reconnection service (Php 1,000/AH) 21 Including labor cost (Php 10,000) and water and electricity reconnection service (Php 1,000/AH)

203. Pursuant to DPWH Department Order 152 series of 2017, DPWH may fund and develop the resettlement site if LGU/NHA is unable to do so. DPWH should estimate cost of resettlement project based on BOQ/BOM. The LGU, on the other hand, contributes the land required for the project and takes the lead as project implementer with overall responsibility for the operation and management of the resettlement project to include (i) preparation of project plans, site development and housing plans (ii) beneficiary selection (iii) relocation of families and estate management to cover disposition of housing and (iv) project maintenance.

204. The LGUs of Alicia and Payao will provide land for relocation site, undertake site development, including land filling, levelling and construction of wells, if needed. The LGU is responsible for requesting the electricity service provider to connect electricity to the site and to the individual houses upon completion of construction. The LGUs will award the resettlement site plots to the eligible APs, based on DPWH endorsement of the APs to the LGU to avail relocation site and assistance. DPWH is responsible for site development costs and has overall responsibility for construction quality according to plan.

E. Resettlement Site Development Schedule

205. The preparation of resettlement sites is expected to take five months from approval of the RIPP. Anticipating ADB approval within the 3rd quarter of 2020 provides the window for payment of compensation and other forms of assistance as well as the provision of rental subsidy while waiting for the relocation site to be established. The timeline with indicative schedule is set out in the table below.

Table 38. Schedule to Develop Resettlement Sites Responsible 2020 2021 Activity Agency Oct-Dec Jan-Mar Apr-Jun Provision of rental subsidy if housing not ready DPWH Preparation of individual resettlement plots* LGU Provision of water services LGU & SP** Connection of electricity PAPs construct houses AP PAPs move in to houses AP * Clearing, levelling, drainage ** SP = Service provider

IX. LIVELIHOOD RESTORATION PROGRAM

A. LRP Eligibility and Strategy

206. The project livelihood restoration program (LRP) presents planned income restoration and livelihood development measures based on needs assessment of the households eligible for livelihood restoration assistance under the RIPP. The objective of the livelihood restoration program is to restore the livelihoods and income earning capacity of those whose productive resources have been severely affected by the project and provide an opportunity for vulnerable affected households to improve their living standards.

207. As part of the RIPP entitlement provisions, people eligible to participate in the LRP are those whose livelihoods or productive resources are severely affected, those whose living standards are otherwise significantly disrupted by being required to physically relocate, or who are classified as especially vulnerable.22

208. The overall strategy of the LRP is to stabilize the livelihood activities and sources of sustenance of the affected persons by focusing on diversified activities to bring immediate income such that they will be able to produce for their basic needs and long-term livelihood management capacity.

209. The specific activities of the LRP are: (i) provide funds and appropriate technique for the affected persons whose remaining lands are still viable to implement agricultural extension models (ii) organize training courses which are suitable to APs’ capacity; provide supplementary trainings, consultations, allowance and other supports to participants attending the courses; and (iii) provide technical advice and pilot models on small business/services and other training courses, study tours on efficient economic enterprises.

210. There are 204 affected households who are eligible to participate in the LRP including 162 relocatees, 37 affected business owners, 2 employees, 6 severely affected farming households and 125 vulnerable AHs. It is underscored that severely AHs may also be vulnerable similar to vulnerable HH that may possess multiple indicators of vulnerability. Nonetheless, a single count is made hence the total of 204 AHs. Table 40 below shows the summary of all LRP beneficiaries and Appendix 12: List of LRP Eligible AHs provides the details.

Table 39. LRP Beneficiaries Affected Households Municipality/ Total Not Business Interviewed Barangay Relocatees Farmers Vulnerable Employees Total* AHs Interviewed owners Alicia 23 2 0 11 0 36 25 22 3 Concepcion 23 2 0 11 0 36 25 22 3 Payao 139 35 6 114 2 294 179 161 18 Balungisan 10 0 0 8 0 18 10 9 1 Binangonan 4 2 0 6 2 12 9 7 2 Kima 54 16 2 37 0 109 64 56 8 Kulasian 29 5 4 25 0 63 45 42 3 Poblacion 14 2 0 10 0 26 15 12 3 Silal 28 10 0 28 0 66 36 35 1

22 Severe loss of productive resources under the RIPP entitlements is a permanent loss of income generating assets of 10% or more, including assets such as farming land, shops, etc. Physical relocation involves households whose house is fully affected and required to rebuild their houses in another location. It does not include households who can rebuild their houses on remaining unaffected land at the same location. Marginal or temporary impacts on housing and livelihoods (such as temporary closure of shops, marginal loss of farming land, partial impacts on houses) are covered under compensation and other transitional allowances in the RIPP.

Affected Households Municipality/ Total Not Business Interviewed Barangay Relocatees Farmers Vulnerable Employees Total* AHs Interviewed owners Siay 0 0 0 0 0 0 0 0 0 Sibuguey 0 0 0 0 0 0 0 0 0 Total 162 37 6 125 2 332 204 183 21 Percent 49% 11% 2% 38% 1% 100% 100% 90% 10% * multiple

B. Livelihood Restoration Study

211. A livelihood restoration study was simultaneously carried out from 08-10 October 2019. The study was undertaken essentially to solicit the AH’s intentions for livelihood restoration – especially if AHs would re-establish what they would lose (e.g. set up again their shop or buy replacement farming land) or do something new. The AHs were told that the Project is in the process of preparing a livelihood restoration program. The main goal of the face to face interview was to know their intentions and preferences and asses their needs so that the project can prepare a meaningful program.

212. A total of 90% (183 AHs) were interviewed out of 204 AHs with multiple instances of impacts - combined relocatees and vulnerables. About 56% of those interviewed are still ambivalent about potential sources of income after displacement, hence not yet decided. But 39% or 57 AHs said they would still draw their income/livelihood from the same source even after relocation inasmuch as their livelihoods were not significantly affected by the project. Five AHs plan to rebuild the same business/shop in their new place of residence while one AH plans to start a different type of business in the new place where they will live and another plans to start a new type of business/shop away from where they will live (e.g. rent space for shop). Table 41 shows the distribution of responses.

Table 40. Planned Income Source after Relocation Same livelihood - Rebuild same Start new Start new Municipality/ Not not affected by business in new business in business Others Total Barangay decided project place new place elsewhere Alicia 4 1 0 0 0 15 20 Concepcion 4 1 0 0 0 15 20 Payao 53 4 1 1 1 66 126 Balungisan 6 0 0 0 1 2 9 Binangonan 3 0 0 0 0 1 4 Kima 13 4 1 0 0 30 48 Kulasian 16 0 0 0 0 12 28 Poblacion 5 0 0 0 0 6 11 Silal 10 0 0 1 0 15 26 Siay 0 0 0 0 0 0 0 Sibuguey 0 0 0 0 0 0 0 Total 57 5 1 1 1 81 146 Percent 39% 3% 1% 1% 1% 55% 100% *based on the 146 respondents

213. Around 7% of AHs have expressed interest in vocational skills training for themselves or their spouses while 4% prefer training of a family member than self (Table 42). About 32% are not interested in attending any training. Some 57% are not yet decided and had no response whatsoever. For those who are interested in skills training, their reasons for are: (i) to improve on vocation/small business that they are presently engaged in; and (ii) start a new vocation/small business.

Table 41. Interest in Skills Training

Yes – for self/ Yes – for children Not decided/ Municipality/ Barangay Not interested Total spouse of working age No response Alicia 2 2 4 14 22 Concepcion 2 2 4 14 22 Payao 11 5 55 90 161 Balungisan 1 0 6 2 9 Binangonan 0 0 3 4 7 Kima 3 5 12 36 56 Kulasian 5 0 6 31 42 Poblacion 0 0 2 10 12 Silal 2 0 26 7 35 Siay 0 0 0 0 0 Sibuguey 0 0 0 0 0 Total 13 7 59 104 183 Percent 7% 4% 32% 57% 100%

C. Available Programs and Support in the Project Area

214. A large number of existing livelihood programs in Alicia and are being provided by national agencies such as Department of Social Welfare and Development (DSWD), Office of the Presidential Adviser on the Peace Process (OPPAP); Department of Labor and Employment (DOLE), Technical Education and Skills Development Authority (TESDA), Department of Trade and Industry (DTI), Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).

215. The Municipality of Alicia has a long list of skills and livelihood projects that were implemented since 2016 (Table 43), namely: banana production, duck layer(itik) project, rice and corn mill, mangrove nursery, fiberglass boat, food processing, tilapia in land production carabao cattle dispersal, rubber production, swine raising, livestock production, rice, corn and vegetable seeds, small water impounding project, virgin coconut oil and coco rope making, crab fattening, mangrove rehabilitation, electrical training, talaba (oyster) production, cacao production, and housekeeping, to name a few.

Table 42. Available Skills and Livelihood Training in Alicia Year Type of Skills/Livelihood Training Funded by No. of Participants 2016 Latex Processing Cum Production DA 80 2017 Financial Literacy Training DA 100 Fund Management and Simple Bookkeeping 2017 BFAR-BUB 40 Workshop 2017 Food Processing NC II DSWD 194 2017 Motorcycle/Small Engine Servicing NC II DSWD 220 2017 Housekeeping NC-II DSWD 30 2017 Masonry NC-II with Steelworks and Carpentry DSWD 55 2017 Electrical Installation and Maintenance NC-II DSWD 95 Process Food by Salting, Curing, Smoking, 2017 DSWD 75 Fermentation & Pickling Basic Skills for Cooking and Techniques for Food 2017 DSWD 95 Preparation 2017 Seaweeds Production DSWD 90 2017 Seaweeds Farming and Trading DSWD 51 2017 Buy and Sell of Agricultural Supply DSWD 57

Year Type of Skills/Livelihood Training Funded by No. of Participants 2017 Mini Grocery Store DSWD 49 2017 Grocery Item Dealer DSWD 30 2017 Buy and Sell of Dried Seaweeds, Copra and Rice DSWD 50 2018 Basic Plumbing Works DSWD 65 2018 Basic Techniques on Tiles Installation DSWD 65 2018 Welding (SMAW) NC-II DSWD 30 2018 Driving NC-II with Automotive DSWD 30 2018 Balloon Arts LGU 50 2018 Table Skirting LGU 50 2019 Livestock & Poultry Para- technician Training PROVIT 30 2019 Rice Production Technology ATI 35 Source: PESO, MA, MSWDO, Municipality of Alicia

216. The Municipality of Payao on the other hand has list of skills and livelihood projects that were implemented since 2016, and these are provided in Table 44.

Table 43. List of Livelihood Programs in Payao Year Name of Program/Project Provider 2017-2019 Cash for Work Municipality of Livestock Dispersal (Piglet and Chicken) Payao LGU Fertilizer (Organic and Inorganic) Assorted Vegetables Seeds Distribution Distribution of Seedlings (cacao, coffee, rubber, lansones and Department of mango) Agriculture, Region Distribution of Knapsack Sprayer, Plastic Crates and assorted 9 seedlings 2017 Distribution of Palay Seeds Municipality of 2017-2018 Distribution of Buffer Seeds Payao LGU 2018 Distribution of Hybrid Seeds 2017 Tilapia Dispersal OPPAP PAMANA Distribution of Life Vests, Distribution of Gil nets, Squid Gaga, Crab pot, Fish Cladding Sea Weed Farming 2018 Gill Net, Crab, Hook & line, sea weeds, kitchen utensils, fish cage 2019 Hook and line, Sea weeds inputs and & seedlings, pump boats BFAR and gill nets, kitchen utensils seaweed inputs, gill nets, crab pot Source: MPDC, Municipality of Payao, Zamboanga Sibugay

217. The Department of Social Welfare and Development (DSWD) is also implementing the Sustainable Livelihood Program (SLP), a community-based capacity building program that aims to improve the socio-economic conditions of poor Filipinos by facilitating opportunities for development and management of resources viable for micro-enterprises and employment facilitation.

218. Several skills training funded and implemented under DSWD SLP from 2017-19 in Alicia and Payao, include: Tractor Services and General Merchandise, Agar-agar (seaweed) farming, Fishing; Swine production, small ruminants (goat) production; Crab fattening among others. The complete list of SLP projects carried out in Alicia and Payao together with the rest of municipalities for the province of Zamboanga Sibugay.

D. Description of LRP Program Activities

219. The key focus of the LRP is to provide training to the APs in their preferred areas to support their livelihood development objectives. As outlined above, these include

entrepreneurial skills and small business management, agricultural extension for preferred areas of farm practices, and vocational training in specified skill areas. The training will be provided free of charge. The main service providers are LGU, DA, DSWD, TESDA and a service provider for entrepreneurial development to be engaged by DPWH.

220. The project will generate employment opportunities, especially for unskilled labour. Philippine Government regulations require that contractors implementing national projects locally source 50% of unskilled labour and 30% of semiskilled labour. The LGU and Project supervision consultant will coordinate with APs and contractors to ensure that APs can take full advantage of these opportunities.

221. Other necessary tasks required to effectively implement the LRP activities include:

a. Creation of database of interested eligible households to reflect qualifications, job experience, skills and desired occupation. b. Close coordination and establish linkages with the project contractors and consultants to recruit local laborers, especially the affected households, on a priority basis. c. Establish and maintain linkages with training institutions for training of the affected household members to qualify for desired job positions. d. Technical Advice and Pilot Models on Small Business/Service

222. There are households who wish to venture into small business or services. These included shops to sell their own products, groceries or service stalls (e.g., barber’s shop). DPWH will secure agreement from the vocational school(s) to provide technical advice, conduct specific trainings on entrepreneurship and carry out some pilot models on small business/services. Households will also be made aware of what to look into such as the right products, market situation, competition, amount of investments and potential profit, and risks involved.

E. LRP Management and implementation

223. DPWH has the overall responsibility for the implementation of the LRP. Specific to LRP activities, its roles are: to provide timely funds for conducting the agreed LRP activities; closely collaborate with local authorities, service providers (such as training institutions and DARD extension) during LRP implementation; and prepare quarterly monitoring reports to be submitted to ADB. DPWH, with support from the Project Supervision Consultant, will maintain a database of eligible APs including new addresses of those who relocate. The database will be used to track AP participation in the LRP and for follow up meetings and contact.

224. LGU. The municipal LGU has an existing employment service office to provide information on vocational training and employment opportunities. The LGU will lead consultations with APs on available programs, provide counselling on livelihood options, and refer APs to training institutions and programs. The LGU will also monitor the participation of APs in the LRP vocational training activities and report periodically to DPWH.

225. Project Supervision Consultants. The social safeguards specialist of the PSC will work closely with the DPWH and LGU to provide guidance and support on the LRP implementation. He/she will support DPWH in internal monitoring and review as well as tracking LRP participation of individual eligible HHs.

226. A summary of responsibilities to implement key LRP activities is presented below:

Table 44. LRP Activities and Responsible Group Activity Responsible Creation of database of interested eligible households to reflect Project Supervision qualifications, job experience, skills and desired occupation. Consultant Close coordination and establish linkages with the project contractors LGU, Project Supervision and consultants to recruit local laborers, especially the affected Consultant households, on a priority basis. Establish and maintain linkages with training institutions for training of LGU, Project Supervision the affected household members to qualify for desired job positions. Consultant Technical Advice and Pilot Models on Small Business/Service LGU, Service Provider (engaged by DPWH)

F. LRP Cost Estimates

227. The investment cost for LRP will be provided by DPWH directly to the concerned MRIC. LRP assistance shall be in the form of skills training and other development activities with the value of up to PhP15,000 per AHs. Training include (i) Vocational Training Courses such as automotive, cooking, driving etc.(ii) Entrepreneurial Training Courses for example Technical, business management etc. and (iii) other training courses. Estimated cost to implement the initial LRP is about PhP3,366,000 (66,082USD) for the 204 AHs requiring LRP assistance, see details in Table 46.

Table 45. Cost Estimates for Livelihood Restoration Program Total amount (PhP) No. Activity Unit Quantity Unit Price PhP USD A. Vocational/ Entrepreneurial/ Other training courses Interviewed AHs trainee 183 15,000 2,745,000 53,890 B. Others AHs who were not interviewed trainee 21 15,000 315,000 6,184 TOTAL 15000 3,060,000 60,074 Contingency budget of 10% 306,000 6,007 GRAND TOTAL 3,366,000 66,082

G. LRP Implementation Schedule

228. The LRP will be implemented for a period of 2 years. The households have been identified and the list of households may change depending on the final commitment of households to participate. The proposed schedule is designed for one production cycle to be implemented within 1 year. Evaluation of the pilot activities will be carried out on the 12th month and will again carry out another cycle of planning for the 2nd year depending on the success and limitation of the LRP (Table 47). The Project Supervision Consultants will assist in the continuous implementation of the LRP and will provide back-stop support as and when necessary.

Table 46. LRP Implementation Schedule Responsible 2020 2021 2022 Activity Agency O-D J-M A-J J-S O-D J-M A-J J-S Formation of Committee on LRP DPWH, Coordination/MOA with agencies on LRP LGU, others Implementation of LRP Monitoring of LRP DPWH

H. Monitoring and Evaluation

229. Monitoring and evaluation will be undertaken to assess the implementation and effectiveness of the LRP to restore and improve livelihoods and household income levels. LRP will be subject to both internal and external monitoring as described below.

230. Internal Monitoring. The LGU will monitor the performance of deployed APs and provide regular progress reports to DPWH. The TA Loan consultants will hold a series of meetings with the participants and develop a set of monitoring indicators at the beginning of the LRP implementation. Monitoring forms will be developed accordingly. The responsible organizations (as mentioned above) together with the affected households will prepare quarterly progress report on LRP implementation based on their respective coverage areas. Issues identified for immediate action will immediately be referred to the concerned office. Modifications in the program based on the progress and lessons learned in the course of LRP implementation and additional funds to cover additional activities and support to vulnerable households will be provided as and when necessary. DPWH will carry out its own monitoring and submit monitoring reports to ADB on a quarterly basis.

231. External Monitoring. A qualified NGO as an external monitoring agency (EMA) will be hired by DPWH to monitor and evaluate the effectiveness of the LRP. This agency will develop a set of evaluation indicators for this purpose. The EMA's monitoring reports will provide DPWH a time-bound action plan which will cover identification of problems, issues and recommended solutions, so that DPWH and the LRP Team are informed about the ongoing situation and can improve or resolve problems in timely manner. One year after the end of LRP implementation, a post project evaluation will be conducted to determine if the APs had successfully restored their livelihood/income to at least their pre-project socio- economic conditions.

X. RIPP BUDGET

232. The budget for RIPP Implementation of PR13, Siay Gapol Road is PhP 61,909,923 (1,215,421 USD) and is part of government counterpart. The budget items cover (i) compensation for loss of land, structures, trees, crops and other entitlements (ii) livelihood restoration program (iii) relocation and transitional allowance; (iv) administrative cost; (v) external monitoring; and (vi) contingencies.

233. DPWH is also required to meet a number of land transaction costs, including Capital Gain Tax (6%), documentary stamp (1.5%), Cost of Registration, and a transaction cost (10% of Land Bureau of Internal Revenue Zonal Value).

234. The budget for RIPP implementation was updated based on DPWH validation for loss of land, structures, crops and trees for PR13. Table 48 shows the details of the budget to implement this RIPP.

Table 47. Budget for RIPP Implementation Unit Amount Amount Kind of affected assets Unit Total Price (PhP) (USD) 1. Land (30 HHs) 1.1 Agricultural m² 129,064 13,022,210 255,653 1.2 Residential m² 4,383 310,800 6,102 1.3 Others (public land, road, etc.) m² 225,486 0 0 Subtotal 13,333,010 261,755 2. Structures (210 HHs) 2.1 Purely Residential # 154 18,242,718 358,143 2.2 Residential Commercial # 32 4,864,083 95,492 2.3 Commercial Only (sari-sari store, etc.) # 11 671,187 13,177 2.4 Bench/Chair/Plant box/Stairs # 5 38,761 761 2.5 Bridge/Canal/Irrigation/Riprap # 1 23,413 460 2.6 Chapel/Church/Mosque # 3 124,615 2,446 2.7 Cooking/Laundry Area/Septic/Toilet # 14 373,563 7,334 2.8 Deep well/Faucet/Pump/Water tank # 15 148,751 2,920 2.9 Directory/Landmark # 6 68,761 1,350 2.1 Dryer/Flooring/Pathway # 51 623,662 12,244 2.11 Electric/Lamp post # 19 103,702 2,036 2.12 Fence/Garage/Gate/Wall # 29 384,059 7,540 2.13 Bgy Hall/Center Hall/Health Center # 2 127,459 2,502 2.14 School (building/classroom) # 1 88,771 1,743 2.15 Shed/Waiting Shed # 17 289,988 5,693 2.16 Storage/Stock house/Warehouse # 7 312,906 6,143 2.17 CVO outpost, guardhouse, etc. # 32 790,131 15,512 Subtotal 27,276,530 535,495 3. Trees & Crops 3.1 Trees (21 HHs) # 22,544 2,510,202 49,281 3.2 Agri-crops (9 HHs) m² 7,988 3,241,735 63,642 Subtotal 5,751,937 112,923 4. Other Entitlements 4.1 Inconvenience allowance HH 162 10,000 1,620,000 31,804 4.2 Transportation allowance HH 96 5,000 480,000 9,423 Subtotal 2,100,000 41,227 5. Other Assistance 5.1 Capital Gains Tax (6%) 799,981 15,705 5.2 Documentary Stamp Tax (1.5%) 199,995 3,926

Unit Amount Amount Kind of affected assets Unit Total Price (PhP) (USD) 5.3 Transfer Tax (75% of 1% of the Selling Price) 99,998 1,963 5.4 Cost of Registration (PhP40,000/transaction) 0 0 Subtotal 1,099,973 21,595 6. Livelihood Restoration Program Skills Training and Development 6.1 HH 204 15,000 3,366,000 66,082 Activities Subtotal 3,366,000 66,082 7. Relocation and Resettlement To be determined by DPWH & LGU 7.1 HH 15 37,700 740 and covered under regular budgets Subtotal 37,700 740 RIPP Administrative Costs (5% of Direct Costs: 1-7) 2,648,258 51,991 External Monitoring (Php1,000,000 per SP) 1,000,000 19,632 Cost contingencies (10% of Direct Costs: 1-7) 5,296,515 103,982 TOTAL 61,909,923 1,215,421

XI. INSTITUTIONAL ARRANGEMENTS

A. Current DPWH Capacities on Social Safeguards

235. Effective resettlement depends on the capacity and commitment of the agencies responsible for resettlement planning and management. In the past few years, DPWH has improved its management processes, however, the capacity across all levels need to be further strengthened. ADB will continue to assess the adequacy institutional capacity of DPWH, including NCIP at the National, Regional and Local levels and provide technical assistance to address the issue of institutional development and capacity building by financing the conduct of IR/IP management training seminars and workshops.

236. District Engineering Office, DPWH. The DEO will act as Technical Coordinator and will (i) oversee the staking-out and verification of affected properties; (ii) review, and if found correct, prepares and approves disbursement vouchers/payments; (iii) cause the prompt delivery of payments to the affected persons with the assistance of RIC (iv) submit reports on disbursements and payments to APs to the RO and the UPMO; and (v) submit monthly progress reports to ESSD, the ROs and the UPMO. The DEO will chair the RIC and will actively participate in its functions.

1. National Level

237. DPWH. The DPWH will be the EA for the Project. The overall direction and leadership for implementing the RIPP will be exercised by the Secretary, supported by the Undersecretary of UPMO Operations and other members of the Executive Committee (EXECOM) of the DPWH composed of the Undersecretaries and Assistant Secretaries of the Department.

238. Unified Project Management Office-ROW Task Force, DPWH. The UPMO shall be responsible for implementing and monitoring the Project, including land acquisition and other resettlement related activities. It will ensure that funds for the timely implementation of RIPP are available and that all costs are properly accounted for.

239. The Roads Management Cluster II, Multilateral, Unified Project Management Office, DPWH as the overall project management unit, shall manage and supervise the implementation of the RIPP. RIPP implementation shall be in accordance with the RIPF which harmonizes all GOP laws and the ADB SPS (2009), covering eligibility, compensation, entitlement and relocation, measures that ensure proper coordination and meaningful participation with stakeholders and APs. Resettlement activities and land acquisition will be carried out in close coordination with the DPWH Planning Service through its ESSD, RO, DEO, LGUs, NCIP, RIC and all other pertinent agencies and instrumentalities of the government to fully address the impacts of involuntary resettlement.

240. Environmental and Social Services Division, DPWH the ESSD shall provide technical guidance and support in the implementation and monitoring of the social safeguards document/plan. ESSD is tasked to:

(i) carry out overall preparation and planning of the RIPP; (ii) submit social safeguards document/plan budget plans (to include compensation, relocation costs, operations) for approval and allocation of needed resources by the DPWH central office; (iii) in accordance with the Department's resettlement policies, guide the District Engineering Offices and the Regional Offices in their tasks, such as the

verification of APs, final inventory of affected assets, consultation, and information dissemination; (iv) amend or complement the RIPP in case problems or potential problems are identified during the internal and/or external monitoring of its implementation; (v) in collaboration with its counterpart in the Region, work closely with the DPWH RO on the processing of compensation claims of APs; (vi) in collaboration with UPMO, monitor the progress of compensation payment to APs and other resettlement-related activities stated in the RIPP; and; (vii) In collaboration with its regional counterpart, prepare quarterly monitoring reports on social safeguards document/plan implementation for submission to the UPMO and ADB. (viii) For uploading the RIPP, the DEO with assistance of the RIC shall conduct inventory of loss and socio-economic surveys validation for submission the UPMO and ADB. (ix) Provide RIPP orientation to DPWH RO and DEO Team and RIC to strengthen the social, legal, and technical capabilities of these resettlement implementing entities. (x) Assist the RIC in community awareness raising activities for the RIPP implementation.

2. Site Level

241. District Engineering Office, DPWH. The DEO will act as Technical Coordinator and will (i) oversee the staking-out and verification of affected properties; (ii) review, and if found correct, prepares and approves disbursement vouchers/payments; (iii) cause the prompt delivery of payments to the affected persons with the assistance of RIC (iv) submit reports on disbursements and payments to APs to the RO and the UPMO; and (v) submit monthly progress reports to ESSD, the ROs and the UPMO. The DEO will chair the RIC and will actively participate in its functions.

242. Regional Office, DPWH. The RO will act as the liaison between ESSD and the DEO and will ensure that the RIPP is implemented as planned. Specific activities of the RO are: (i) monitor the RIPP implementation and fund disbursement; (ii) submit the monthly progress reports to ESSD; (iii) monitor payments to APs; (iv) monitor assistance provided to the poor and vulnerable households and (v) address grievances filed by the APs for speedy resolution.

3. Interagency Coordination

243. Resettlement Implementation Committee. It shall be composed of representatives from the RO and DEO, the City/Municipal, the NCIP provincial and/or regional office, affected barangays, and APs with separate representation for IP/ICC communities affected by the project. Selection of these ICC/IP representatives shall follow the procedures of the NCIP. Its functions are:

(i) Assist the DPWH staff engaged in resettlement activities in (a) validating the list of APs; (b) validating the assets of the APs that will be affected by the project (using a prepared compensation form); and (c) monitoring and implementing the RIPP; (ii) Assist the DPWH and NCIP staff in identifying who among the APs are IPs or belong to ICCs. (iii) Assist the DPWH and staff engaged in the RIPP activities in the public information campaign, public participation and consultation. (iv) Assist DPWH in the payment of compensation to APs; (v) Receive complaints and grievances from APs and other stakeholders and act accordingly;

(vi) Maintain a record of all public meetings, complaints, and actions taken to address complaints and grievances; and (vii) In coordination with concerned government authorities, assist in the enforcement of laws/ordinances regarding encroachment into the project site or RRoW.

244. The Municipal RIC was formed in May 2019 through a Memorandum of Understanding (MOU) between DPWH, the concerned local government unit, with the NCIP Provincial or Regional Office (Appendix 13: MOUs in the Creation of Resettlement Implementation Committees).

245. National Commission on Indigenous Peoples (NCIP). The NCIP is the primary government agency through which ICCs/lPs can seek government assistance. Through IPRA, the NCIP issues certificate of ancestral land/domain titles (CALT/CADT) (IPRA, Section 44e). NCIP has the power to issue appropriate certification as a pre-condition to the grant of permit, lease, grant or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/lPs concerned. NCIP AO No. 3 S. 2012 stipulates that the NCIP Regional Office has the responsibility to receive applications for the issuance of Certification Precondition and is responsible for the conduct of the FBI and oversee the process for obtaining the FPIC from the affected IPs/lCCs. The NCIP also validates expressions of voluntary initiation or solicitation for certain projects made by IP communities.

246. Local Government Unit. Provide LGU legal instruments (e.g., Executive Orders, Municipal Resolutions, Memorandum Orders, etc.) that are necessary for the implementation of the RIPP. In particular, LGUs shall (i) provide the necessary land for relocation purposes, (ii) cooperate with UPMO to form and mobilize RIC to direct and oversee implementation and monitor RIPP implementation; and (iii) address issues, grievances and complaints as indicated in the GRM section of this document.

247. National Housing Authority. Provide LGU legal instruments (e.g. Executive Orders, Municipal Resolutions, Memorandum Orders, etc.) that are necessary for the implementation of the RIPP. In particular, LGUs shall (i) provide the necessary land for relocation purposes, (ii) cooperate with UPMO to form and mobilize RIC to direct and oversee implementation and monitor RIPP implementation; and (iii) address issues, grievances and complaints as indicated in the GRM section of this document.

B. Capacity Building

248. Over recent years, DPWH has improved its management processes. However, the capacity across all levels need to be further strengthened. DPWH as the EA will retain adequate staff with relevant qualifications and experience to be able to adequately implement the RIPP.

249. The capacity of DPWH to implement the RIPP will be strengthened by the Project Supervision Consultant (PSC) whose team includes international and national social safeguards specialists. The PSC will provide capacity building training to DPWH and LGUs to enable them to effectively implement the RIPPs. Upon mobilization, the PSC will work with DPWH to develop a capacity building training program for social safeguards, select appropriate personnel for training, arrange logistics for training and present training. The training will be designed to cover all aspects of social safeguards from planning to implementation and will address general compliance with ADB SPS as well as more detailed aspects related to implementation, grievance redress, monitoring and reporting.

C. Implementation Schedule of the RIPP

250. Table 49 summarizes the indicative schedules of the various interrelated activities in relation to the preparation and implementation of this RIPP.

Table 48. PR13 RIPP Implementation Schedule Responsible 2020 2021 2022 2023 Activity Agency 2q 3q 4q 1q 2q 3q 4q 1q 2q 3q 4q 1q I. Project Implementation Start of Construction Contractor 30 months II. Preparation of RIPP Implementation Finalization of RIPP DPWH Review of RIPP ADB III. Land Acquisition Notice of Taking Issuance Issuance of Offer Letter DPWH Payments of Compensation and other assistance Clearance of ROW by PAPs IV. Relocation Provision of rental subsidy if housing not ready DPWH Preparation of individual resettlement plots* LGU Provision of water services LGU & SP** Connection of electricity PAPs construct houses AP PAPs move in to houses AP V. Provision of Livelihood Restoration Program Formation of Committee on LRP DPWH, Coordination/MOA with agencies on LRP LGU, others Implementation of LRP Monitoring of LRP DPWH VI. Monitoring of RIPP Implementation Set up Monitoring Agents DPWH Internal Monitoring ESSD External Monitoring EMA * Clearing, levelling, drainage ** SP = Service provider

XII. MONITORING AND EVALUATION

A. Monitoring Arrangements

251. As this project is category A for involuntary resettlement, there will be two types of monitoring for this project: internal and external monitoring. Inasmuch as this social safeguard plan is a combined IR-IP document, monitoring of IP safeguards will be subsumed in both internal and external monitoring. The UPMO in coordination with the ESSD shall set schedules for the required monitoring types considering the projects implementing schedule. It is expected that one month prior to the start of the civil works, RIPP activities have been determined by the independent monitoring agent (IMA) and external monitoring agent (EMA) as having been concluded. Key points for monitoring are provided, though not limited to these:

(i) Payment of compensation to all APs/IPs in various categories, according to the compensation policy described in the RIPP; (ii) Delivery of livelihood restoration and social support entitlements; (iii) Public information dissemination and consultation procedures; (iv) Adherence to grievance procedures and outstanding issues requiring management’s attention; (v) Priority of APs/IPs regarding the options offered; and (vi) The benefits provided from the project.

B. Internal Monitoring

252. The ESSD will serve as the Project's internal monitoring body on resettlement. Quarterly monitoring reports will be submitted to the UPMO starting from the commencement of social safeguards documents/plans, which coincide with the conduct of detailed design and the other resettlement related activities. The UPMO in turn will include details of RIPP implementation status in their regular project progress reports (as described in section D below). The UPMO in turn will submit the semi-annual monitoring reports to ADB for review and uploading on the ADB website.

253. Internal monitoring objectives are:

(i) Compensation and/or other entitlements are provided as per approved RIPP, 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 RIPP; (iv) Capacity of APs/IPs 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.

254. The tasks of the IMA are to:

(i) Regularly supervise and monitor the implementation of the RIPP, in coordination with the concerned DEO, RO, and the RIC. The findings will be documented in

the quarterly report to be submitted to the UPMO, which in turn will submit the report to the bank. (ii) Coordinate with the NCIP regarding the monitoring and evaluation of the situation of affected IP communities, whether inside or outside ancestral domains. (iii) 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 the RIPF and the RIPP. (iv) Ensure that the social safeguards documents for those affected IPs living outside ancestral domains are implemented as designed and planned. (v) Verify that funds for implementing the RIPP are provided by the UPMO in a timely manner and in amounts sufficient for the purpose. (vi) Record all grievances and their resolution and ensure that complaints are dealt with promptly. (vii) With the relevant branch of the NCIP and the RIC, monitor the implementation of RIPP covering affected IP communities living outside ancestral domains.

255. The suggested internal monitoring indicators, to be disaggregated by gender, ethnicity and vulnerability, as applicable, are presented in Table 50.

Table 49. Suggested Internal Monitoring Indicators Monitoring parameters Suggested indicators Resettlement • Consultations organized as scheduled including meetings, groups, and community activities. • Knowledge of entitlements by the APs/IPs. Consultation and • Use of the grievance redress mechanism by the APs/IPs. Grievances • Information on the resolution of the grievances. • Information on the implementation of the social preparation phase. • Implementation of special measures for customary communities. • Number of general meetings for APs/IPs. • Number of meetings exclusively with IPs. • Percentage of women out of total participants. • Number of meetings exclusively with women/IP women. Communications and • Number of meetings exclusively with vulnerable groups. Participation • Number of meetings between hosts and the APs/IPs. • Level of participation in meetings APs/IPs. • Level and adequacy of information communicated. • Information disclosure. • Translation of information disclosed in the local languages. • Entitlements disbursed, compared with number and category of losses set out in the entitlement matrix. • Disbursements against timelines. • Identification of APs/IPs losing land temporarily, e.g. through soil disposal, borrow pits, contractors’ camps, have been included. • Timely disbursements of the agreed transport costs, income substitution Delivery of support, and any resettlement allowances, according to schedule. Entitlements • Quality of new plots and issuance of land titles. • Restoration of social infrastructure and services. • Progress on income and livelihood restoration activities being implemented as set out in the livelihood restoration plan. • Affected businesses receiving entitlements, including transfer and payments for net losses resulting from lost business.

Monitoring parameters Suggested indicators • Social safeguards staff appointed and mobilized on schedule for field and office work. • Capacity building and training activities completed on schedule. • Achieving resettlement and customary community implementation activities against the agreed implementation plan. Budget and Time • Funds allocation for resettlement-to-resettlement agencies on time. Frame • Receipt of scheduled funds by resettlement offices. • Funds disbursement according to the social safeguards documents/plans. • Social preparation phase as per schedule. • Land acquisition and occupation in time for implementation. • Number of APs/IPs under the rehabilitation programs. • Number of APs/IPs who received vocational training. • Types of training and number of participants in each program. • Number of APs/IPs who have restored their income and livelihood patterns. • Number of new employment activities. • Extent of participation in rehabilitation programs. Livelihood • Extent of participation in vocational training programs. Restoration • Degree of satisfaction with support received for livelihood programs. • Percentage of successful enterprises breaking even. • Percentage of APs/IPs who improved their income. • Percentage of APs/IPs who improved their standard of living. • Number of households with agricultural equipment • Number of households with livestock • Progress of income restoration implementation • Noticeable changes in patterns of occupation, production, and resource use compared to the pre-project situation. • Noticeable changes in income and expenditure patterns compared to the pre-project situation. • Changes in cost of living compared to the pre-project situation. Benefit Monitoring • Changes in key social and cultural parameters relating to living standards. • Changes occurred on customary communities and other vulnerable groups benefiting from the project. • Progress of resettlement implementation IP/ICC • The numbers of IPs/ICCs by category of impact, gender, age, village, income, and status Demographic • Number of female headed households baseline • Number of vulnerable households (poor, elderly, disabled) • Number of households by IP/ICC group • Number of births and deaths • Number of consultation and participation activities that occur - meetings, information dissemination, brochures; flyers, training • Percentage of IP women as participants; number of meetings exclusively with IP women • Percentage of vulnerable members of IPs/ICCs / attending meetings; Consultation and number of meetings exclusively with vulnerable IPs/ICCs participation • Languages used at meetings • Good faith negotiations—recording of process, participants, locations, correspondence • Broad community support—record of processes, participants, locations and agreement obtained • Consultation and participation progress against plan and budget Mitigation measures • Progress of implementation of mitigation / beneficial measures against

Monitoring parameters Suggested indicators plan Number of activities that occur/completed—such as construction, livelihood restoration, disbursements, training • Percentage progress against timelines and budget • Identify and address any unanticipated impacts and impacts caused by the contractor during construction. • Total number of members of IPs/ICCs using the grievance redress procedure • Number of distinct IPs/ICCs - any of these with significantly more grievances Grievance redress • How many times has a household submitted the same grievance? • Number of grievances resolved • Length of time taken to be resolved • Types of grievance categories and prevalence • Grievance cases logged in each level of project GRM • Identified delays - (days, cost) due to personnel, capacity, insufficient Implementation funds, etc problems • Number of times implementation schedule revised

C. External Monitoring

256. The main objective of external monitoring is to provide an independent periodic review and assessment of (i) achievement of resettlement objectives; (ii) changes in income, living standards and livelihoods; (iii) restoration and/or improvement of the economic and social base of the affected people;(iv)effectiveness and sustainability of entitlements; and (v) the need for further mitigation measures.

257. The tasks of the EMA are the following:

(i) Verify results of internal monitoring; (ii) Coordinate with the NCIP regarding the monitoring and evaluation of the situation of affected IP communities, whether inside or outside ancestral domains as covered in pertinent social safeguards documents/plans; (iii) Verify and assess the results of the information campaign for APs rights and entitlements, including the consultation with affected IPs living outside ancestral domain; (iv) Verify that the compensation process has been carried out with the procedures communicated with the APs and affected IPs during the consultations; (v) Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced; (vi) Assess efficiency, effectiveness, impact and sustainability of RIPP implementation drawing lessons as a guide to future resettlement and indigenous people’s policy making and planning; (vii) Ascertain whether the RIPP entitlements were appropriate to meet the objectives, and whether the objectives were suited to AP and to IP conditions; (viii) Suggest modification in the implementation procedures of the RIPP if necessary, to achieve the principles and objectives of the RIPF; (ix) Review on how compensation rates were evaluated; and (x) Review of the handling of compliance and grievances cases.

258. The services of the EMA will be procured through selection process of DPWH. Relative to compliance monitoring during resettlement implementation, the main activities of external monitoring will revolve around the following:

• Verify ongoing internal monitoring information;

• Verify whether the overall project and resettlement objectives are being met in accordance with the RIPP, and if not, suggest corrective measures; • Assess the extent to which implementation of the social safeguards document/plan complies with ADB's SPS; • Identify problems or potential problems; • Identify methods of responding immediately to mitigate problems and advise the DPWH accordingly; and; • Verify if the livelihoods and the standard of living of APs, including those displaced persons with no legal titles, are restored or improved.

259. External monitoring will be conducted on a semi-annual basis. Semi-Annual reports will be submitted simultaneously to UPMO and ADB. Strategic lessons for future policy formulation and planning will also be drawn from the monitoring and evaluation of resettlement. This is possible through a Post-RIPP Implementation Evaluation Study that will be carried out 6-12 months following completion of all resettlement activities.

260. The EMA shall submit to UPMO and ADB a "Social Safeguard Compliance Report" following completion of resettlement activities per subproject or specific sections of the subproject road. This will allow ADB to review and issue a no objection letter (NOL) to commence construction activities following review of social safeguard compliance report.

261. The suggested external monitoring indicators are shown in Table 51.

Table 50. Suggested External Monitoring Indicators Monitoring Indicators Basis for Indicators 1. Basic information • Location of AP/IP • Composition and structures, ages, education and skill levels households • Gender of household head • Ethnic affiliation • Access to health, education, utilities and other social services • Housing type • Land use and other resource ownership patterns • Occupation and employment patterns • Income sources and levels • Agricultural production data (for rural households) • Participation in neighborhood or community groups • Access to cultural sites and events • Value of all assets forming entitlements and resettlement entitlements 2. Restoration of • Were house compensation payments made free of depreciation, fees or living standards transfer costs to the APs/IPs? • Have APs/IPs adopted the housing options developed? • Have perceptions of "community" been established? • Have APs/IPs achieved replacement of key social cultural elements? 3. Restoration of • Were compensation payments free of deduction for depreciation, fees or Livelihoods transfer costs to the APs/IPs? • Were compensation payments sufficient to replace lost assets? • Was sufficient replacement land available of suitable standard? • Did transfer and relocation payments cover these costs? • Did income substitution allow for re-establishment of enterprises and production? • Have enterprises affected received sufficient assistance to re-establish themselves? • Have vulnerable groups been provided income-earning opportunities? Are these effective and sustainable? • Do jobs provided restore pre-project income levels and living standards?

Monitoring Indicators Basis for Indicators 4. Levels of • How much do APs/IPs know about resettlement procedures and Satisfaction entitlements? • Do APs/IPs know their entitlements? • Do they know if these have been met? • How do APs/IPs assess the extent to which their own living standards and livelihood been restored? • How much do APs/IPs know about grievance procedures and conflict resolution procedures? How satisfied are those who have used said mechanisms? 5. Effectiveness of • Were the APs/IPs and their assets correctly enumerated? Resettlement • Were any land speculators assisted? Planning • Was the time frame and budget sufficient to meet objectives? • Were entitlements too generous? • Were vulnerable groups identified and assisted? • How did resettlement implementers deal with unforeseen problems? 6. Other impacts • Were there unintended environmental impacts? • Were there unintended impacts on employment or incomes?

262. Post Completion Evaluation. A post-completion evaluation will be carried out one year following completion of all resettlement activities, including livelihood restoration activities. For the post resettlement evaluation, the EMA will:

a. Carry-out a survey of affected households to compare with the baseline survey data to assess if income of affected households and other living conditions have been restored as pre-project. The survey will cover at least 20% of severely affected households, 100% of affected poor, landless and female headed households, as well as at least 10% of all other affected households. The database will disaggregate information by gender, vulnerability, and ethnicity. b. Conduct Participatory Rapid Appraisal (PRA), which will involve obtaining information identifying remaining/outstanding problems and finding specific time- bound solutions through participatory means including: a) key informant interviews including representatives of civil society, community groups, NGOs and NCIP; b) focus group discussions (FGDs) on specific topics such as outstanding issued related to compensation payment, income restoration and relocation; c) direct field observations, for example, completion of resettlement site development; d) formal and informal interviews with affected households, women, ethnic minorities, and other vulnerable groups to conclude on the remaining and outstanding issues. c. Discuss with the EA and IA on the completion of land acquisition and resettlement as well as the remaining/outstanding issues and commitments on actions, timeframe, resources and reporting of EA and IA to completely resolve the remaining/outstanding issues (if any).

D. Reporting and Disclosure

263. For internal monitoring, DPWH will provide details on RIPP implementation status, in their regular project progress reports to ADB at least quarterly. Such information will include numbers of HHs provided compensation and assistance, status of resettlement site completion, numbers of HHs relocated to resettlement sites, status of LRP implementation, report on grievances and complaints, issues and problems encountered during the reporting period and steps taken to address them.

264. DPWH will generate the data for a full and consolidated semi-annual monitoring report (SMR) to be submitted to ADB. Semi-annual monitoring reports are subject to review by ADB and posted on the ADB and project websites for disclosure purposes (Appendix 14: Draft

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Template of Semi-annual Monitoring Report). RIPP implementation status provided in the regular quarterly progress reports will also be uploaded on the ADB website for disclosure.

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

266. ADB and DPWH will disclose on their websites monitoring reports of the external monitor, including all semi-annual external monitoring reports, post-implementation evaluation report, and the social safeguard compliance report.

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