Resettlement Planning Document Resettlement Plan for the Cantilan River Irrigation Project Final Project Number: 27245 May 2007 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 AACCQQUUIISSIITTIOONN AND RESETTLEMENT PLAN CANTILAN RIVER IRRIGATION PROJECT May 2007 ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project SOUTHERN PHILIPPINES IRRIGATION SECTOR PROJECT LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) CANTILAN IRRIGATION SYSTEM SUBPROJECT TABLE OF CONTENTS List of Figures iii List of Tables iv List of Annexes v List of Acronyms vii Executive Summary vii 1.0 INTRODUCTION 1.1 Background of the Subproject 1 1.2 Objectives of the LARP 3 1.3 General Description of the Proposed Subproject Rehabilitation 4 1.4 Irrigation Service Area 6 2.0 Baseline Information and Assessment of Probable Involuntary Resettlement Impacts 2.1 Baseline Information 8 2.2 Socio-Economic Survey 2.3 Assessment of the Probable Involuntary Resettlement Impacts 9 3.0 Documentation, Segregation and Valuation of the Old Right-Of-Way Areas, and Livelihood Assistance Strategies 3.1 Documentation of Old ROW Areas 13 3.2 Valuation of the Old ROW Areas 14 3.3 Segregation of the Old ROW Lands from the Parent Titles 16 3.4 Livelihood Development Assistance 16 4.0 Legal and Institutional Mechanism 4.1 Legal Basis 18 4.2 Eligibilities and Entitlements 20 4.3 Institutional Arrangements 21 4.4 Complaints and Grievance Redress Mechanism 22 4.5 Public Participation and Disclosure 23 Revised LARP 1 Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project 4.5.1 Consultation and Participation 23 4.5.2 Disclosure 25 5.0 LARP Implementation and Budget 5.1 LARP Implementation Process 26 5.2 Implementation Schedule 26 5.3 Supervision and Monitoring 28 5.3.1 Internal Monitoring 5.3.2 External Monitoring 29 5.4 LARP Cost and Budget 29 References Revised LARP 2 Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project LIST OF FIGURES Figure 1.1 - Location Map 2 Figure 1.2 - Layout Map 5 Figure 2.1 - Simplified Process of Screening for Involuntary Resettlement Impact/Category 10 Figure 4.1 - Organizational Framework for the CANTIS LARP Implementation 24 Revised LARP iii Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project LIST OF TABLES Table 1.1 - Distribution of Irrigation Service Area by IA 6 Table 2.1 - Number of Farmers with Landholdings Affected by ROW Land Acquisition in the 1970’s 8 Table 3.1 - Comparative Results of Valuation of Land 15 Table 3.2 - Current Market Values of the Old ROW Areas 15 Table 4.1 - Entitlements of the Farmers Who Lost Lands for ROW Acquired in the 1970’s 21 Table 5.1 - Implementation Schedule 27 Table 5.2 - Indicators for Internal Monitoring 28 Table 5.3 - LARP Cost and Budget 29 Revised LARP iv Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project LIST OF ANNEXES Annex A - Minutes of CISSF IA Meeting Annex B - List of LARP Consultation Meetings Annex C - List of Individual Farmer’s Total Landholdings and ROW Requirements per IA Annex D - Summary of Socio-economic Characteristics Annex E - Sample of Deed of Assignment (DOA) Annex F - Sample Deed of Donation (DOD) Annex G - Minutes of the Pre-Construction Conference March 18, 2005 Annex H - Copy of Recent Transaction Sales / Bureau Internal Revenue (BIR) Zonal Value Annex I - FMV Valuation Annex J - Sample Signed DOD and DOA Annex K - Orientation Outline Annex L - Photo Documentation of LARP Activities of Cantilan Irrigation System Revised LARP v Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project LIST OF ACRONYMS ADB - Asian Development Bank BSLT - Beneficiaries Segregation of Land Titles CAG - Community Action Group CPMO - Central Project Management Office DAR - Department of Agrarian Reform DENR - Department of Environment and Natural Resources DOA - Deed of Assignment DOD - Deed of Donation ECC - Environmental Compliance Certificate Ens - Environmental Section ES - Environmental staff EO - Executive Order FMV - Fair Market Value FnS - Financial staff FS - Feasibility Studies IA - Irrigation Association IDO - Irrigation Development Officer EIA - Environment Impact Assessment LARP - Land Acquisition and Resettlement Plan LGU - Local Government Unit MASSO - Municipal Assessor Officer MMT - Multi Partite Monitoring Team NIA - National Irrigation Administration NGO - Non-governmental Organizations PVC - Provincial Valuation Committee PDD - Project Development Department PIMT - Participatory Irrigation Management and Transfer PIO - Provincial Irrigation Office RA - Republic Act RPPF - Resettlement Policy and Program Framework ROW - Right-of-Way ROWNC - Right-of-Way Negotiation Committee SPISP - Southern Philippines Irrigation Sector Project SPMO - Sub-Project Management Office TGI - Target Group Identification TSAG - Turnout Service Area Group Revised LARP vi Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project EXECUTIVE SUMMARY The existing Cantilan National Irrigation System (NIS) located in the province of Surigao del Sur in the CARAGA Region has been programmed to be rehabilitated as a non-core subproject under the Southern Philippines Irrigation Sector Project (SPISP) of the National Irrigation Administration (NIA) with financial support from the Asian Development Bank (ADB). When fully rehabilitated, Cantilan NIS will irrigate a total area of 2,500 ha consisting of the existing irrigated area of 2,000 ha and the proposed restoration area of 500 ha. The latter area had been included in the original service area of Cantilan NIS, but the irrigation canals and auxiliary structures were damaged and obliterated over the past 30 years due to frequent deferred maintenance. For the past five years, this latter area relied on rain-fed irrigation to produce rice only during the wet cropping seasons. The proposed rehabilitation scheme for Cantilan NIS will support 2,538 farm households by improving the reliability of irrigation water supply, allowing the rice production for at least two crops per year, stabilizing their staple food supply, and raising the level of their income. Of these households, 117 are residing in the proposed restoration area. About 99.8 percent of these farm households fall below the poverty line (estimated at PhP 13,743 per capita) in 2002 (SPISP, April 2004). In the future with the proposed rehabilitation scheme, the level of poverty incidence has been projected to be reduced by 10 percent. With this proposed rehabilitation of Cantilan NIS Subproject, no new acquisition of right-of- way (ROW) lands will be required considering that all irrigation canals and other structures to be repaired have been in existence from the early 1970s. However, the original acquisition of ROW lands during the construction of the existing irrigation system was not adequately documented. Consequently, the old ROW lands have not been formally segregated from parent titles and, worse, not been transferred to the NIA. Similarly, the previously affected 895 landowner-farmers were not duly compensated for the loss of land, and also continued to pay the real property taxes for ROW lands. In compliance with the Government and ADB policies on involuntary resettlement, the SPISP through the Cantilan Irrigation System Office (ISO) has undertaken consultations, orientations and workshops with the concerned farmers, the existing irrigators’ associations (IAs) and local government units (LGUs) to identify any probable involuntary resettlement impacts that may result from the proposed rehabilitation scheme as input to the preparation of a Land Acquisition and Resettlement Plan (LARP). A process for screening probable involuntary resettlement impacts and category based on the ADB’s recent guidelines on this subject has been developed and applied, and the results have reinforced the initial observation that no new persons or lands will be affected by the proposed rehabilitation scheme. With this, Cantilan NIS Subproject could qualify under “Involuntary Resettlement Category C” of the ADB’s guidelines, indicating that a resettlement plan is not a mandatory requirement. However, this short LARP has been prepared to pursue the following activities that provide further support to the concerned farmers to use the old ROW areas to be credited with their equity contributions as required under the Loan Agreement for the SPISP: 1) Documentation and segregation of the old ROW areas from parent titles - involving 1,030 lots with an estimated total area of 63.4 ha; 2) Determination of the current fair market values of the old ROW areas - to support the proposed conversion of such values into non-cash equity contributions of the Revised LARP vii Cantilan NIS Subproject ADB Loan 1668-PHI: Southern Philippines Irrigation Sector Project concerned farmers to the cost of the proposed rehabilitation works, including the proposed provision of cash compensation for 18 non-beneficiary farmers who were not previously compensated for the loss of their lands (4.82 ha) that happened