Resettlement Planning Document Resettlement Plan for the Gibong Left Bank National Irrigation System Final Project Number: 27245 November 2006 PHI: Southern Philippines Irrigation Sector Project Prepared by: National Irrigation Administration; PRIMEX The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Republic of the Philippines NATIONAL IRRIGATION ADMINISTRATION (Pambansang Pangasiwaan ng Patubig) Southern Philippines Irrigation Sector Project (SPISP) (ADB Loan No. 1668-PHI) LLAANNDD AACCQQUUIISSIITTIIOONN AND RESETTLEMENT PLAN GIBONG LEFT BANK NATIONAL IRRIGATION SYSTEM NOVEMBER 2006 SOUTHERN PHILIPPINES IRRIGATION SECTOR PROJECT LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) FOR THE GIBONG LEFT BANK NATIONAL IRRIGATION SYSTEM TABLE OF CONTENTS Page List of Figures iii List of Tables iv List of Annexes v List of Acronyms vi Executive Summary viii 1. Introduction 1 1.1 Background of the Project 1 1.2 Objectives of the LARP 2 1.3 General Project Description 5 1.4 Service Area 2. Impacts Base-Line Information and Socio-Economic Survey 6 2.1 Impacts to Assets and People 6 2.2 Impact Mitigating Measure 7 2.3 Socio-Economic Survey 9 3. Detailed Compensation and Rehabilitation Strategy 11 3.1 Equity Conversion Aspect of the LARP Compensation Process for Ben PAPs 11 3.2 Compensation for the Donation by NB PAPs 12 3.3 Process of ROW Acquisition 12 3.4 Process of ROW Negotiation 16 3.5 Process of PAPs Identification & Valuation of Affected Properties 17 3.6 Establishment of FMV 18 4. Legal Background & Compensation Rehabilitation Policy 22 4.1 Legal Background 22 4.2 Eligibility to Compensation & Rehabilitation 25 4.3 Entitlements 25 4.4 Donation 27 4.5 Cut-off date 27 i 5. Organizational Framework 28 5.1 Institutional Arrangement 28 6. Complaints & Grievance Redress Mechanism 32 6.1 Complaints & Grievance Procedure 32 6.2 Redress Procedure 32 7. Public Participation & Disclosure 33 7.1 Consultation & Participation 33 7.2 Gender Equity & Woman Participation 36 7.3 Disclosure 36 8. LARP Implementation Process 37 8.1 Pre-Condition to Civil Works Implementation 37 8.2 Schedules 37 8.2.1 Pre-construction Phase 37 8.2.2 Construction Phase 37 8.2.3 Post Construction Phase 38 9. Supervision & Monitoring 40 9.1 Internal Monitoring 40 9.2 External Monitoring 40 10. LARP Cost & Budget 41 10.1 Budget Requirement 41 10.2 Flow of Funds 42 REFERENCES 43 ii LIST OF FIGURES Figure 1.1 - Location Map of the GLBNIS Figure 1.2 - Layout map of GLB Figure 2.1 - Educational Attainment of Sample PAPs Figure 2.2 - Monthly Income of Sample PAPs Figure 3.1 - Engineering Drawings of Left Main Canal, Lateral A and Lateral C Canal Figure 3.2 - Process of ROW Acquisition Figure 3.3 - Process of Inventory, Valuation and Payment of Cash Compensation for Affected Crops and Tree. Figure 5.1 - Organizational Framework of Gibong Left Bank LARP Implementation iii LIST OF TABLES Table 2.1 - Summary of Service Area & ROW Requirement by Type of PAPs Table 2.2 - Summary of PAPs,Total Landholding, and ROW Area by Location Table 3.1 - Summary of ROW Requirement and Compensation Agreement by Beneficiary PAPs Table 3.2 - Comparative Results of Property Valuation of Land and Crops/Trees Table 3.3 - Summary of ROW Affected Land and Damages on Crops and Trees with its value and Means of Settlement Table 4.1 - Entitlement Matrix Table 4.2 - Actual Entitlement of PAPs in the Service Area. Table 7.1 - List of Consultations and Meetings Conducted with the PAP/Fs Table 8.1 - Land Acquisition and Resettlement Plan and Schedule Table 9.1 - Indicators for Internal Monitoring Table 10.1 - Budget for GLBNIS LARP Implementation iv LIST OF ANNEXES Annex A - List of Individual PAPs, their Total Landholding and ROW Requirement Annex B - Summary of Socio Economic Survey Data of Gibong Left Bank NIS Annex C - Sample of Accomplished SES Forms Annex D - Sample Deed of Assignment Annex E - Sample Deed of Donation Annex F - Detailed Losses of Individual PAPs, Assessed value of Losses and Means of Settlement and Compensation Annex G - Copy of BIR Zonal Valuation Annex H - SP Ordinance No. 30,Series of 2001- An ordinance approving the Schedule of Base Market Values for the Different Classes of Real Property in the Province of Agusan del Sur Effective year 2002 Annex I - Minutes of Consultation/Disclosure Meeting Annex J - Copy of Recent Transaction (Affidavit of Sale/ Confirmation of Sale) Annex K - Sample Orientation Material Annex L - Photo-documentation of Leftbank LARP Activities v LIST OF ACRONYMS ADB - Asian Development Bank AP - Affected People Ben PAP - Beneficiary PAP CAG - Community Action Group CENRO - Community Environment and Natural Resources Officer CIP/S - Communal Irrigation Project/ System CPMO - Central Project Management Office DA - Department of Agriculture DAR - Department of Agrarian Reform DECS - Department of Education, Culture and Sports DENR - Department of Environment and Natural Resources DOH - Department of Health EA - Executing Agency EIA - Environment Impact Assessment ECC - Environmental Compliance Certificate ESM - Environmental and Social Measure ES - Environmental Staff EO - Executive Order FIA - Federation Irrigation Association FMV - Fair Market Value FS - Feasibility Studies IA - Irrigation Association IDO - Irrigation Development Officer LARP - Land Acquisition and Resettlement Plan LGU - Local Government Unit MARO - Municipal Agrarian Reform Officer MCM - Million Cubic Meters MMT - Multipartite Monitoring Team MOA - Memorandum of Agreement MOU - Memorandum of Understanding MSWDO - Municipal Social Welfare and Development Office NBPAPs - Non-Beneficiary PAPs NIA - National Irrigation Administration NIP/S - National Irrigation Project/ System NPC - National Power Corporation NGO - Non-governmental Organizations NSO - National Statistics Office PAP - Project Affected Person PAF - Project Affected Families PAC - Provincial Appraisal Committee PDD - Project Development Department PIMT - Participatory Irrigation Management and Transfer PIO - Provincial Irrigation Office PMES - Participatory Monitoring and Evaluation System PNP - Philippine National Police PRA - Participatory Rural Appraisal PO - People’s Organization PSC - Project Steering Committee PVC - Property Valuation Committee vi RA - Republic Act RPPF - Resettlement Policy and Program Framework ROW - Right-of-Way ROWNC - Right-of-Way Negotiating Committee RSS - Rural Sociology Specialist SPISP - Southern Philippines Irrigation Sector Project SPMO - Sub-Project Management Office SRIP/S - Small Reservoir Irrigation Project/ System TGI - Target Group Identification TL/IMS - Team Leader/Irrigation Management Specialist TSAG - Turnout Service Area Group vii Executive Summary The Gibong Left Bank National Irrigation System (GLBNIS) one of the two sub-projects of the SPISP being developed for the existing Gibong National Irrigation System located in Agusan del Sur in the CARAGA Region. It will irrigate a total area of about 1,077.49 has. supporting about 708 farming households. The project aims to improve the reliability of their food supply and raise the level of their income, which for many is below the poverty level. This sub-project covers both the development of new areas and the extension of irrigation services to additional land area in the existing irrigation subsystem1. The existing facilities of Left Bank that currently irrigated 436.99 has. (existing) of the service area will be rehabilitated. Those areas are covered by the two (2) Irrigators Association namely: Katagbawan and Oplaku. Moreover, additional facilities will be constructed to provide irrigation services to another 640.50 has. (extension area) which is presently rainfed rice land and undeveloped lands where 3 IAs have been organized (Laludata, Nedabasi, and Grasya) in preparation to system construction. The areas covered by Gibong LBNIS are located in two municipalities of the Province of Agusan del Sur, namely Prosperidad and San Francisco, both approximately 70 km south of Butuan City, the commercial and political center of CARAGA Region. The areas covered in the proposed extension are located within Bgy. Las Navas, La Caridad, and Salvacion, of the municipality of Prosperidad and Brgy. Tagapua, Pisaan and Ladgadan of the municipality of San Francisco, Agusan del Sur while the existing service areas are located within barangays of the Municipality of Prosperidad (Bgys. Poblacion, Salvacion, Las Navas, and La Caridad). Right of Way (ROW) for irrigation is the acquisition of land area by means of donation, compensation and permit to enter for the development of irrigation facilities of SPISP subprojects. It covers the product of total gross width (auxiliary embankment, canal width and access road) and length of the canal to be constructed or rehabilitated. The width of canal was based on the canal design in the general plan and profile. The ROW may result to loss of properties such as agricultural land, residential land, building, structure, crops/trees and communal resources in the farms. This may also result to a displacement of household. The Resettlement Program Policy Framework (RPPF) for SPISP NIA-PGAN approved by the ADB served as the guide in the development of this LARP including addressing land acquisition problems. Approximately 18.08482 has. will have to be acquired as Right of Way (ROW) for the facilities that will be constructed. Around 10.5083 has. for the existing area and 7.5765