Social Safeguards Due Diligence Report

February 2021

PHI: Emergency Assistance for the Reconstruction and Recovery of

Output 3: Restoring Water Utilities and Health Infrastructure

Health Component

Prepared by Department of Health for the Asian Development Bank

ABBREVIATIONS

ADB – Asian Development Bank APs – Affected Persons BMCRRP – Bangon Marawi Comprehensive Rehabilitation and Recovery Program BOL – Organic Law CAP – Corrective Action Plan CHO – City Health Office DDR – Due Diligence Report DENR – Department of Environment and Natural Resources DPWH – Department of Public Works and Highways EA – Executing Agency EAL – Emergency Assistance Loan EM – Ethnic Minority EO – Executive Order ERRM Emergency Assistance for Reconstruction and Recovery of Marawi GOP – Government of the GRM – Grievance Redress Mechanism IA – Implementing Agency IDPs – Internally Displaced Persons IP – Indigenous Peoples IPHO – Integrated Provincial Health Office IPRA – Indigenous Peoples Rights Act LGU – Local Government Unit MOA – Memorandum of Agreement NTH – Non-Title Holder PAP – Project Affected Person PCNA – Post Conflict Needs Assessment RA – Republic Act RHU – Rural Health Unit SPS – Safeguards Policy Statement TFBM – Task Force Bangon Marawi UCCRTF – Urban Climate Change Resilience Trust Fund

This social safeguards due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. ii

TABLE OF CONTENTS

ABBREVIATIONS ...... ii TABLE OF CONTENTS ...... iii I. INTRODUCTION ...... 1 A. Background ...... 1 B. Project Description ...... 2 II. SOCIAL SAFEGUARDS DUE DILIGENCE ...... 6 A. Objectives of the Due Diligence ...... 6 B. Methodology Used ...... 6 III. SUMMARY OF FINDINGS AND FIELD OBSERVATIONS ...... 7 A. The City Health Unit Site in Marawi City ...... 9 B. The Rural Health Unit Site in Lumbayanague, ...... 10 C. Land Tenure Practices in Marawi and Surrounding Areas ...... 13 1. Designated Lot in Marawi City ...... 13 2. Designated Lot in Lumbayanague, Lanao del Sur ...... 13 IV. GRIEVANCE REDRESS MECHANISM...... 14 V. CONCLUSION ...... 14

FIGURES Figure 1: Location of the proposed city health unit in Marawi City Error! Bookmark not defined. Figure 2: Location of the Proposed City Health Unit in Lumbayanague, Lanao del Sur ...... 3 Figure 3:Discussion with Marawi CityOfficials on the proposed CHU site ...... 9 Figure 4: Discussions with key government oficials ...... 9 Figure 5: The overall master plan of the Marawi City Hall CompoundError! Bookmark not defined.0 Figure 6: Measuring the location of the new proposed CHU site ...... 110 Figure 7: The Lumbayanague Municipal Hall and elementary school building ...... 132 Figure 8: Proposed location of the Lumbayanague RHU……………………………………………13 Figure 9: The current Lumbayanague Rural Health Unit, which is located in an old house near the municipal hall…………………………………………………………………………………………… 14

iii

I. INTRODUCTION

A. Background 1. The Government of the Philippines has requested ADB to provide emergency assistance combining a $400 million Emergency Assistance Loan (EAL) and $8 million in grants to support the reconstruction of Marawi. The Emergency Assistance for Reconstruction and Recovery of Marawi (ERRM) is structured to provide the Government of the Philippines with immediate and flexible financing to implement programs, projects and activities (PPAs) included in the Bangon Marawi Comprehensive Rehabilitation and Recovery Program (BMCRRP).1 The ERRM is comprised of four outputs: (i) fiscal support to meet new public spending needs arising from the government’s recovery program; (ii) reestablishing connectivity in Marawi by building back better public infrastructure; (iii) restoring water utilities and health infrastructure; and (iv) improving social services and livelihoods to affected persons.

2. Output 3 of the ERRM, restoring water utilities and health infrastructure, will be financed by a $5 million grant under the Urban Climate Change Resilience Trust Fund (UCCRTF). 2 It will include a water supply component and a health component, both identified as critical for the recovery of the city.

3. The water component will involve the reconstruction and rehabilitation of water supply infrastructure in a portion of the existing water supply system comprising 19 barangays currently served by Marawi City Water District (MCWD). It also includes the development of a comprehensive water supply, septage/sewerage, and drainage master plan for the city. The new infrastructure will provide 24-hour water service with a minimum pressure of 10 psi. The project will be based on the 2018 study, Diagnosis and Modeling of Marawi City Water Supply System, conducted by Maynilad Water Services Inc. with support from the International Committee of the Red Cross (ICRC).

4. The health component will include the construction of two local health units, procurement of medical transport vehicles, and institutional and operational support. The health units will consist of a city health unit (CHU) in Marawi City and a rural health unit in the town of Lumbayanague, .3 The health units will meet or exceed national standards. They will incorporate climate resilience measures including solar powered refrigeration, be well equipped, with birthing facilities and provisions for water supply and sanitation.4 The grant will also finance the procurement of medical transport vehicles that include, two ambulances, two patient transport vehicles and two monitoring vehicles. This will enable the restoration of essential health services, including reproductive health services, to Marawi City through the City Health Office, and surrounding areas hosting internally displaced persons (IDPs) through the Integrated Provincial Health Office.5

5. As a UCCRTF grant, the design of the proposed interventions will incorporate climate change and disaster resilience features including transformative elements (i.e. building back better). The grant will also provide institutional and related operational support.

1 Government of the Philippines, National Economic and Development Authority-Regional Development Office. 2018. Bangon Marawi Comprehensive Rehabilitation and Recovery Program. Manila. 2 All UCCRTF supported interventions are expected to be completed by Q4 2021 due to the fund’s operational closure. 3 Both health units will utilize the Department of Health standard design for rural health units. 4 The two health units will be equipped to meet four crucial service delivery requirements, comprising (i) Tamang Serbisyo sa Kalusugan ng Pamilya (Tsekap), a primary health care package under the Philippine Health Insurance Corporation); (ii) the maternal care package; (iii) directly observed treatment, short-course for tuberculosis (TB-DOTS) and (iv) animal bite services. 5 The mobile health facilities will cover Marawi city as well as the first and second congressional district areas of Lanao Del Sur province (refer to Attachment 4). 1

6. For the water component, a separate safeguard document, a Resettlement and Ethnic Minority Development Plan (REMDP), will be prepared. For the health component, this due diligence report (DDR) serves as the appropriate safeguard document focusing on the two local health units. The procurement of medical transport vehicles, and institutional and operational support have no social safeguard impacts.

B. Project Description

7. Location. The proposed city health unit site is within the government center compound in Marawi City, where government buildings, including the city hall and Integrated Provincial Health Office (IPHO) are located. The site has an area of about 580-square meters. The 800-square meter proposed site of the rural health unit in Lumbayanague is also adjacent to other government buildings, including the municipal hall and Sultan Gunting Central Elementary School.

Figure 2: Location of the Proposed Rural Health Unit in Lumbayanague, Lanao del Sur

Figure 1: Location of the proposed city health unit in Marawi City, Lanao del Sur, Bangsamoro Autonomous Region in Muslim (BARRM)

8. The Health Situation. BARMM 6 has long had high rates of infant mortality, childhood malnutrition, preventable diseases and low life expectancy. Medicine is often unavailable or unaffordable and local health systems lack the capacity to respond to the health needs of the

6 Replacing the Autonomous Region in Muslim Mindanao (ARMM), the Bangsamoro Autonomous Region in Muslim Mindanao was formed with the ratification of its basic law, the Bangsamoro Organic Law following two-part legally-binding plebiscite in Western Mindanao held on January 21 and February 6, 2019. The ratification was confirmed a few days later on January 25, 2019 by the Commission on Elections (COMELEC). 2

Figure 2: Location of the Proposed Rural Health Unit in Lumbayanague, Lanao del Sur population over a sustained period. Additionally, the Marawi siege has rendered many IDPs with no or limited access to medical services, including sexual and reproductive health services.

9. To help address the situation, in keeping with DOH standards the project will fully equip the health units with the following equipment:

Table 1. List of RHU Equipment (DOH Central Office Standards) Item Unit of Description Quantity No. Measurement 1 Autoclave, Tabletop, 20L unit 4 2 Bed, Mechanical 3 Cranks with Mattress unit 8 3 Bedside table unit 8 4 Biological refrigerator, 1 Glass Door unit 2 5 BP Apparatus, aneroid unit 6 6 Cervical inspection set, (2 sets required by HFSRB) unit 4 7 Chemistry analyzer unit 2 8 Clinical centrifuge 12 placer unit 2 9 Delivery bed unit 4 10 Dental instrument set unit 2 11 Differential counter unit 2 12 Dressing cart with accessories unit 2 13 Dressing set set 4 14 EENT Diagnostic Set unit 2 15 Emergency cart unit 2

3

Item Unit of Description Quantity No. Measurement 16 Emergency light Unit 6 17 Examining light Unit 6 18 Examining table Unit 4 19 Fetal doppler Unit 2 20 Foot stool Unit 16 21 Glucometer Unit 4 22 Height board Unit 2 23 Hemocytometer Unit 2 24 Hematocrit Centrifuge Unit 2 25 Hematology analyzer, 3-part, Semi-automated Unit 2 26 Hemoglobinometer Unit 2 27 Instrument table unit 4 28 IUD Insertion Set set 2 29 IV stand unit 4 30 Laryngoscope Set unit 2 31 Manual resuscitators, pediatric unit 6 32 Manual resuscitator, infant unit 6 33 Maternal care instrument set set 2 34 Microscope unit 2 35 Minor surgical set/cut down set unit 2 36 Nebulizer unit 2 37 NSD set set 2 38 Pump, suction, portable, 220V w/access , unit 2 39 Resuscitator, manual with bag and mask, adult unit 6 40 Revolving stool . unit 14 41 Room Thermometer, wall mounted, non-mercurial pc 2 42 Salter scale unit 2 43 Stethoscope, adult unit 14 44 Stethoscope, podia unit 14 45 Thermometer, Infrared unit 6 46 Urine analyzer, automated unit 2 47 Water Distiller (laboratory) unit 2 Weighing scale with height measuring stick, adult 48 unit 4 (heavy duty) 49 Weighing scale, infant (digital) unit 4 50 Wheelchair unit 6 51 Wheeled detachable stretcher unit 2 Supply, Delivery Installation and Functionality Testing 52 unit 2 of dental unit, Motorized Chair with Accessories 53 Biological freezer unit 2 54 Biosafety cabinet unit 2 55 HbA1C Machine Unit 2 56 Mucus extractor unit 2 57 Pass Thru Box unit 2 58 Single Basin Stand unit 4 59 Vaccine refrigerator, unit 2 60 Supply, Delivery, Installation and Commissioning of Cartridge-Based Nucleic Acid Amplification Test unit 2 Machine 61 Cartridge-Based Nucleic Acid Amplification Test boxes 4 Reagent 62 50 KVA Generator Set with manual transmission unit 2 System

4

10. Land Ownership. Land ownership is a critical issue in Marawi City, and in Lanao del Sur in general. The status of land ownership was considered during the selection of sites for the construction of the health facilities. Only projects where the land needed for infrastructure is not subject to conflict of ownership will be funded. The proofs of land ownership, for both sites were cleared by DOH Legal Unit on 10 December 2019 and were accepted by ADB in a Memo dated 20 December 2019 for the Marawi City site and email dated 17 January 2020 confirming acceptance of the proofs of land ownership for the Lumabayangue site (Annex 1).

Table 2: Subproject Components and Land Ownership Status Subproject Social Impacts Location Status of IR/EM Impacts Remarks / Component During Project Land Construction Ownership 1. Construction of Impacts will be Government Government No involuntary city health unit temporary center property resettlement (CHU) in during compound in (IR) or ethnic Marawi City construction, Marawi City minority (EM) which will impacts involve the demolition of the No assets will existing General be affected Services Office (GSO ) building Possible noise and the City and traffic Engineering affecting the Building to be sites replaced by the Mitigation of new building. To Disturbance possible avoid disruption with the impacts will of services existing offices be addressed during in the construction, the Safety of Environmental LGU must workers Management relocate the (peace and Plan. GSO and City order) Engineering personnel and equipment to a new location 2. Construction of Congestion of At the back of Government No IR or EM rural health unit access since Lumbayanague property impacts (RHU) in the same road municipal hall Lumbayanague is used by and adjacent to No assets are students and Sultan Gunting affected LGU workers. Central To mitigate this, Elementary the RHU have School. (refer its own entrance to attached site separate from development other facilities. plan) 3. Procurement of No impacts Mobile Not Not applicable The 2 ambulances, applicable: procurement 2 patient no land of mobile transport needed health clinics vehicles and 2 was proposed monitoring to be vehicles. cancelled. 5

The budget allocated for the mobile health clinics will be redirected to augment the budget allocation for the construction of the Rural Health Unit (Lumbayanag ue), and City Health Unit (Marawi City). 4. Procurement of No impacts Not Not applicable Medical applicable: equipment for no land the RHU and needed CHU

II. SOCIAL SAFEGUARDS DUE DILIGENCE

A. Objectives of the Due Diligence

11. As indicated in the Resettlement and Ethnic Minority Development Framework (REMDF) for output 3 of the ERMM, the status of land ownership is critical in selecting the site for construction of the health centers. This DDR is prepared to: (i) review information on the present land use of the proposed sites for the CHU and RHU; (ii) assess the status of the land ownership of the proposed sites, whether they are private or government land; and (iii) verify whether there will be affected persons, and if so, the extent of loss of land or non-land assets, loss of livelihood, and loss of common property resources.

B. Methodology Used

12. Review of available information. A review of available project related literature, documents and information provided by health and other local officials helped to establish the land ownership status at the sites proposed for the construction of the health units.

13. Consultation with various stakeholders. Field visits to Marawi City and Lumbayanague provided the opportunity to dialogue with local officials and health personnel to gather data and explain ADB safeguard requirements on land acquisition, indigenous peoples, and involuntary resettlement. The following activities were conducted: (i) Consultations with city and provincial health officials, Task Force Bangon Marawi heads, local government officials, City Engineering Office, and officials from the city assessor’s office in Marawi City; (ii) Meetings and interviews with key local government representatives in Lumbayanague; (iii) Individual and group consultations with city and provincial health workers;

6

(iv) Discussions with a team of project consultants, in particular the health specialist, regarding the preliminary building design, location of potential sites and other project components;

14. Field visits and observations. The ADB social safeguards team undertook three separate missions to gather information for the preparation of this due diligence report. The main objective of the visits was to screen for potential land acquisition and resettlement impacts that may result from the proposed project. Considered were permanent and temporary impacts, impacts on residential and agricultural areas, livelihoods, or any economic activity.

15. Another goal of the field visits was to gain an understanding of the land status in Marawi City and the greater Lanao area. Local officials and other actors in the project explained the existing land acquisition practices in Marawi City and its surrounding areas. A critical element to consider when discussing land ownership or stewardship in the context of Maranao culture is the decision-making process, which combines state laws and traditional practices. This important dynamic was explained by a respected Muslim scholar and an expert on Maranao culture:

The Maranao population was traditionally divided into four major districts: Bayabao, , Unayan and Baloi. These were subdivided into townships called inged, and villages or communities called agama. In the past, sultans, datus, elders and religious leaders (ulamas and imams) were the sole sources of authority and maintained the well-being of their communities. Those in authority were usually related and belonged to influential clans. When the central state system of government was imposed on this traditional structure, new forms of order were introduced, and local government officials were created. But the traditional non-state authorities still play important roles in the lives of the Maranao. Thus, it is critical to understand who the holders of power are, both formal—local executives—and non-formal—imams, datus, and elders. These are all respected leaders in their communities and hold great sway over decision making processes. Project implementation arrangements and structures must be suited to the existing social, cultural, and political realities of the Maranao and take into consideration the different levels of authority and decision making, which include: (i) LGUs; (ii) Shariah law; (iii) taritib ago ijma (agreeing upon or consensus), which refers to agreements among clan members; and (iv) kokoman a kambhatabata’a (kinship justice), or settlement among relatives. These traditional decision-making processes are still practiced when conflicts arise.

16. Key informant interviews and comprehensive discussions with Muslim scholars, health officials, and local government officials. The consultations focused on issues surrounding land ownership in Marawi City and the Lanao area. During the discussions, it was stressed that the project must ensure that any land acquired is free from conflicting claims to ensure its sustainability. Construction can only commence if the land ownership is undisputed and there are proper supporting legal documents complemented with culturally acceptable practices for substantiating land claims based on shuura.7Recognizing the importance of project sustainability, it was suggested that it is best to construct the health units on government property.

III. SUMMARY OF FINDINGS AND FIELD OBSERVATIONS

17. The social impact assessment summarized in this report confirmed that the proposed project activities will not result in adverse social impacts on the Maranao community and no private lands or property will be adversely affected. Both the city health unit in Marawi City and rural health unit

7 Shuura is the Islamic principle that all decisions made by and for Muslim societies should be done in consultation with those who will be affected by that decision. (Community-Driven Rehabilitation is the Practical Thing to Do in Marawi: Critical Points for Addressing Land Issues After the Siege. Ica Fernandez, David Garcia, and Assad Baunto: Asia Foundation: 2018) 7

in Lumbayanague will be built on government land. There are no households or other property that will be affected by this subproject so there will be no involuntary resettlement or displacement. In case additional land will be required, ADB safeguard policy mandates consultations with the community and affected persons, if any, to ensure that their rights are protected. Any changes that may occur during the project implementation that affect persons or property will warrant the formulation and implementation of a corrective action plan.

18. For this social due diligence review, three missions were conducted. During the first mission 28–30 August 2018, the social safeguards consultant visited four proposed subproject sites: Dulay and GMA 8 in Marawi City, and locations in the towns of , and Lumbayanague. During the screening, the social safeguards consultant, in consultation with the City Health Office (CHO) and LGU, emphasized that it is important to consider a location for the health facilities that will provide easy access to allow the most people possible to benefit from the project. Another crucial point discussed involved the status of land ownership. Annex 2 detailed the results of the field visit conducted.

19. The second mission 18–21 June 2019 was conducted in cooperation with the CHO and IPHO with the main objective being to reconfirm the land ownership status of the final proposed sites.

(i) It was decided that for the CHU in Marawi City, the existing health unit within the city hall compound will be demolished and replaced with the new building. The area allotted for the project is 400 m2 and is owned by the city. City Health Office officials stated that a tax declaration from the City Assessor’s Office confirms that the land is government property. (ii) For the RHU in Lumbayanague, a location within the municipal hall complex was chosen. The site is behind the municipal hall and adjacent to a public elementary school. The area allocated for the building is 800 m2, which has been acquired by the municipality. Local officials shared that the lot has been designated by means of a resolution of the for the construction of the RHU, emphasizing that it addresses the needs of the municipality for basic health services.

20. The third mission 18 December 2019 was conducted in cooperation with the City Health Office (CHO), through the City Health Officer. The mission was requested for the following reasons: (1) the original site, occupied by the Tuberculosis Directly Observed Treatment Short-course (TB DOTS) building, is now the proposed site of a new executive building and command center for Marawi; and (ii) the transfer of the existing TB-DOTS Building to the proposed temporary relocation site at Sagunsungan is no longer possible due to the distance from the City Health Office. Because of the recent development, the CHO has requested a site replacement for the TB DOTS building to be used for the proposed CHU. The new site for CHU within the city hall compound is the area where the City Engineering Office and former DPWH building and general services building are located. The existing building will be demolished and will be replaced with new building for the CHU. Annex 3 shows the site assessment report.

8 A site named after the former President (GMA) 8

Figure 3: Discussion with Marawi City Officials on the proposed CHU site.

21. Consultations with government heads and city and provincial health personnel confirmed that neither the construction of the CHU in Marawi City nor the RHU in Lumbayanague would have any adverse impacts on private lands or property. It was explained that any adverse impacts due to the subprojects will be mitigated in accordance with the ADB Safeguard Policy Statement of 2009 (SPS).

A. The City Health Unit Site in Marawi City 22. The proposed Marawi CHU will be located within the government center compound in Marawi City, where government buildings, including the city hall and Integrated Provincial Health Office (IPHO) are located. The mission team confirmed with the City Assessor’s Office that the entire compound location is government property.

Figure 4: Discussions with key government officials

23. The social safeguards mission team confirmed that the proposed construction of the medical facility will not have any adverse impact on people, community lands, structures or property, as the construction work will be carried out within the existing government compound. Social screening identified that the land to be used for the proposed CHU will not necessitate any land acquisition and will have no involuntary resettlement or indigenous peoples impacts.

Figure 5. Master Plan of Marawi City Hall Compound

9

Figure 6. (L) Measuring the location of the new proposed CHU site; (R).) The existing building at the proposed site.

24. The engineering design of the facility will ensure that potential impacts on other structures or land will be avoided. As detailed in the site assessment report of the environment consultant, impacts will be temporary during construction. The new proposed site for the CHU is where Department of Public Works and Highways (DPWH) and General Services Buildings, currently occupied by the City Engineers Office are located, about 3 meters from the existing CHU. The site is within the Marawi City government center compound, where government buildings, including the city hall and Integrated Provincial Health Office (IPHO) are located. The City Engineers Office will be transferred to a newly renovated office in the City Hall main building. Annex 3 provides details of assessment of the new CHU site during Joint ADB-DOH Mission on18 Dec 2019. Annex 4 provides details of the site assessment conducted by the environment consultant in Marawi (old site) and Lumbayanague, 28–29 May 2019. If any adverse impacts are identified during the detailed design or construction stages, adequate mitigation measures will be undertaken as specified in the ADB SPS.

B. The Rural Health Unit Site in Lumbayanague, Lanao del Sur 25. The ADB team met with local government unit (LGU) officials headed by Mayor and Vice Mayor of Lumayanague to discuss the proposed RHU site in Lumbayanague. The lot has an area of about 800 m2 and is situated behind and to the side of the municipal hall. The mayor said that they had chosen the lot as it is within the municipal compound grounds.

26. The environment consultant reported that there are two affected structures within the lot. The ADB social safeguards consultant visited the site to meet with the local executives and discuss the social safeguards policy for ADB-funded projects. The mayor confirmed that the two houses are outside the 800 m2 lot proposed for the RHU. The local executives said they will avoid any impacts on structures, houses, or people, and agreed that if any adverse impacts are identified during the project’s implementation, ADB SPS-mandated mitigation measures will be taken.

10

Figure 7: Left- Lumbayanague municipal hall. Right- where the proposed RHU site showing the elementary school building.

11

Figure 8: Proposed location of the Lumbayanague RHU The Proposed RHU Site in Lumbayanague, right: Two houses are adjacent to, but outside the designated lot for the RHU

27. The municipal government provided documentation designating a site for the construction of the RHU. The community and the local government have expressed the need for improved health services in the area. Presently an old house is serving as the rural health unit. With the construction of the new RHU, the community and the local government envision improved access to quality health services, including sexual and reproductive health, availability of medical supplies, and capacity to respond to the needs of the population. They view these as positive impacts of the project.

28. The social due diligence review found that no adverse impact on people, community lands, structures or property as the land is already cleared and designated to be used for government infrastructure.

12

Figure 91: The current Lumbayanague Rural Health Unit, which is located in an old house near the municipal hall

C. Land Tenure Practices in Marawi and Surrounding Areas 29. The field visits and the consultations with different stakeholders helped establish the land ownership status of the sites designated for the construction of the health centers in Marawi City and Lumbayanague.

1. Designated Lot in Marawi City 30. The Office of the City Assessor provided the background on the land status in Marawi City. It was explained that much of the city has been declared as a military reservation and as a result, the city government cannot secure title for the government compound. A recent Asia Foundation study (footnote 7) described the complexity and the different overlapping claims in Marawi City:

As with the rest of the Philippines, the land administration and management system in the area is structurally weak. (There are) overlapping tenurial arrangements including the Camp Ranao military reservation, the protected area around the watershed, (and) the Torrens Title system… A fundamental challenge is the multiple contesting datasets regarding Marawi’s land area, which ranges from a high of 11,176.00 hectares as reported in the draft Module 1 CLUP outputs (2017) of LGU Marawi; 8,404.09 hectares in the DENR-ARMM cadastral map; to a low of 5,838 hectares in the 1972 Marawi City master plan.

31. In spite of the lack of a Torrens title, the city government is recognized as the rightful owner of the property where the CHU will be built. The compound has been the seat of the local government since 1977.

2. Designated Lot in Lumbayanague, Lanao del Sur 32. The due diligence review of the land status in Lumbayanague, found that traditional practices are still the basis of land ownership in the area. The Asia Foundation report affirmed these findings on land ownership practices:

Land ownership, tenure, and use of land is complex and not limited to the titling system used by national government. As with the rest of the region, many pre-colonial, traditional, and informal governance structures and practices around land, housing, and property retain 13

legitimacy alongside the laws of the present Philippine state. A sizeable portion of the residents of Marawi City and surrounding areas have never had an official title for the land they occupy, even where families have held that land for generations.9 This can partially be attributed to traditional practices such as the ka-wali and mag-inged systems.10

33. In order to comply with the requirements of the project, the local executives of Lumbayanague combined both legal and culturally defined practices to securing land for the RHU. The local executives said that donating property for the good of the community is a common practice in Maranao culture. The land designated as the future site of the RHU is vacant and considered as part of the municipal compound but lacks an official land title. Its ownership, however, is well established according to clan-based land ownership practices. The recognized landowners transferred the ownership of 800 square meters to be used for the RHU to the municipality of Lumbayanague. The municipal council approved a resolution recognizing the transfer of ownership and designating the property to be used for the RHU.

IV. GRIEVANCE REDRESS MECHANISM

34. A project-specific grievance redress mechanism (GRM) will be established to receive, evaluate, and facilitate the resolution of affected persons’ concerns, complaints, and grievances concerning the social and environmental performance of the project. The GRM will allow for appeals against any disagreeable decision, practice, or activity during project implementation. All complaints received in writing (or prepared in written form when received verbally) shall be properly documented. Different modes of filing complaints include: (i) Recording complaints in a logbook or a database. The barangay officials will be required to provide a logbook to record complaints raised by community members or any individual in relation to the project. (ii) Complaints and grievance reports via text messages. Official contact numbers for receiving complaints or grievances (depending on availability of resources and technology) will be available. However, such messages will be documented and signed by a responsible official. (iii) Letter addressed to any GRM head or committee member. (iv) Any other mode, e.g., construction billboard sign, direct hotline, social media.

35. Irrespective of the above provisions, an aggrieved party may file a complaint directly with a court of competent jurisdiction pursuant to Section 45 of R.A. 7279.

V. CONCLUSION

36. A due diligence review was conducted for the health component of Output 3: Restoring Water Utilities and Health Infrastructure to examine potential involuntary resettlement and ethnic minority issues in compliance with the requirements of the ADB SPS and the project REMDF for Output 3.

37. Following are the findings of the review in connection with social safeguard impacts. The findings apply to both the proposed CHU in Marawi and the RHU in Lumbayangue:

9 In contrast, 2015 census data show that 66% of households report that they own or have "owner-like" possession of the houses and lots they occupy (PSA 2015). 10 Findings from the Atoran ko Dansalan. Kawali indicates ancestral ownership of land. Barra (2018) notes that the concept of kawali is intertwined with community members’ role as a native resident [batenger a phaginged] and his or her family’s claim of membership in the traditional leadership or sultanate of the place. In the same light, each sultanate is tied to a specific masjid. 14

(i) The health facilities will be centrally located, allowing easy access for most residents to provide maximum benefit. (ii) The proposed sites are on government property with recognized documentation to back up the claim of ownership. (iii) Construction will have no adverse impacts on private lands or property. (iv) There are no houses, trees or other establishments existing on the proposed sites; as a result, no dislocation, demolition of houses or privately owned structures will be required. (v) There is no opposition to the proposed project. (vi) Health workers, government officials, and the local communities welcome the project and recognize its potential to improve their well-being, as access to basic health services is a necessity. (vii) No potential negative impact could be identified. (viii) No business or economic activities will be disrupted that will result in the loss of income or assets.

38. The CHO and IPHO will coordinate with the contractors to ensure proper public consultations are held prior to the start of civil works and during project implementation. Mechanisms will be put in place to enable stakeholder participation in project monitoring and evaluation. Documentation of these activities should be included in the social safeguards monitoring report.

39. Based on the findings detailed in this due diligence report, (i) the construction of the CHU and RHU will not incur any resettlement impacts or economic displacement and (ii) the status of the land designated for the subprojects is known and is not subject to conflict of ownership. Unanticipated IR impacts during subproject implementation are not included in this due diligence report. If there are changes in the design or if there are potential impacts during construction, the project is required is to prepare and implement a corrective action plan. For purposes of this DDR it has been determined that no further action is needed.

15