resettlement action plan - adb
TRANSCRIPT
Resettlement Action Plan
January 2021
PHI: Malolos-Clark Railway Project (PFR1)(Malolos-Angeles II.)
Volume 1Main Report
Prepared by Department of Transportation for the Asian Development Bank. This is an updatedversion of the draft originally posted in August 2020 available onhttps://www.adb.org/projects/documents/phi-52083-002-rp-1.
ABBREVIATIONS
AHs Project Affected HouseholdsAPs Project Affected PersonsADB Asian Development BankADRI Agreement to Demolish and Remove ImprovementsBIR Bureau of Internal RevenueBOQ Bill of QuantitiesCADT Certificate of Ancestral Domain TitleCAO City Agriculture OfficeCBIA Community Based Initiative ApproachCDO City Development OfficeCHR Commission on Human RightsCIA Clark International AirportCSO Civil Society OrganizationsCSWDO City Social Welfare and Development OfficeDA Department of AgricultureDAR Department of Agrarian ReformDD Detailed DesignDENR Department of Environment and Natural ResourcesDepEd Department of EducationDHSUD Department of Human Settlements and Urban DevelopmentDILG Department of the Interior and Local GovernmentDMS Detail Measurement SurveyDOAS Deed of Absolute SaleDOF Department of FinanceDOH Department of HealthDOLE Department of Labor and EmploymentDOTr Department of TransportationDPWH Department of Public Works and HighwaysDRAM DPWH’s ROW Acquisition ManualDSWD Department of Social Welfare and DevelopmentDTI Department of Trade and IndustryEMA External Monitoring AgentEO Executive OrderFBI Field Based InvestigationFGD Focus Group DiscussionFS Feasibility StudyGC General ConsultantGFI Government Financing InstitutionGOCC Government Owned and Controlled CorporationGoP Government of the PhilippinesGRM Grievance Redress MechanismHDMF Home Development Mutual FundHGC Home Guaranty CorporationHLURB Housing and Land Use Regulatory BoardHOA Home Owner Association
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IA Implementing AgencyICCs IPs/Indigenous Cultural CommunitiesIEC Information, Education and CommunicationIP Indigenous PeoplesIPA Independent Property AppraiserIPRA Indigenous Peoples Rights ActISF Informal Settler FamilyIROW Infrastructure Right-of-WayIRR Implementing Rules and RegulationsISF Informal Settler FamilyJDT JICA Design TeamJICA Japan International Cooperation AgencyKII Key Informant InterviewKSA Key Shelter AgencyLHB Local Housing BoardLGU Local Government UnitLHO Local Housing OfficesLIAC Local Inter-Agency CommitteeLMA Labor Market Assessment LRIP Livelihood Restoration and Improvement ProgramMAT Manpower Assistance TeamMCRP Malolos –Clark Railway ProjectMFIs Microfinance InstitutionsMOA Memorandum of AgreementMRT Mass Railway TransitMSVS Membership Status Verification SlipNHA National Housing AuthorityNCC New Clark CityNCIP National Commission for Indigenous PeoplesNCR National Capital RegionNGA National Government AgencyNGOs Non-Government OrganizationNLEX North Luzon ExpresswayNOA Notice of AwardNOC Notice of CompensationNoT Notice of TakingNSRP North South Railway ProjectNTP Notice to ProceedOCC Operations Control CenterOCT Original Certificate of TitleODA Official Development AssistanceOTB Offer to BuyPESO Public Employment Service OfficePhP Philippines PesoPIAC Project Inter-Agency CommitteePIB Project Information BrochurePCUP Presidential Commission for the Urban PoorPNR Philippine National RailwaysPOEA Philippine Overseas Employment AdministrationPLCQ Preliminary Loan Counselling QuestionnairePMO Project Management Office
PO People’s OrganizationPROW Project Right-of-WayPSA Philippine Statistics AuthorityPTE Permit to EnterPWD Person with DisabilityRA Republic ActRAP Resettlement Action PlanRCS Replacement Cost SurveyRD Registry of DeedsRFO Ready-For-OccupancyRIMC RAP Implementation Management CommitteeRIPPF Resettlement and Indigenous Peoples Planning FrameworkROW Right-of-WayRROW Road Right-of-WayROWSA Right-of-Way and Site AcquisitionROWSAM Right-of-Way and Site Acquisition ManualRPT Real Property TaxSCM Stakeholders Consultation MeetingSCTEx Subic-Clark-Tarlac Expressway SEC Securities and Exchange CommissionSES Socio-Economic SurveySPA Special Power of AttorneySPS Safeguard Policy StatementSSS Social Security SystemTA Temporary AccommodationTCT Transfer Certificate of TitleTIN Tax Identification NumberTNA Training Needs AssessmentTESDA Technical Education and Skills Development AuthorityVAT Value Added TaxWB Word Bank
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GLOSSARY
Affected Households Refers to all households whose residence will beaffected by the project.
Affected Persons Project affected persons are those who arephysically displaced (relocation, loss of residentialland, or loss of shelter) and/or economicallydisplaced (loss of land, assets, access to assets,income sources, or means of livelihoods) as aresult of (i) involuntary acquisition of land, or (ii)involuntary restrictions on land use or on access tolegally designated parks and protected areas.
Census Claims Assertion or declaration formally filed or madeknown by a named/identified complainantregarding the conduct or result of census that mayaffect the eligibility for compensation andentitlement of the complainant or of anotherperson. Common types of census claims areskipped during tagging, out- during-census,misstatement of census data, etc.
Community Structures Refers to facilities that are owned and, in mostcases, built with community funds and/or operatedby community members such as communityleisure, parks and sports facilities (e.g. basketballcourts, waiting sheds, etc.).
Cut-Off Date The concept of the cut-off date for eligibility istypically used for the non-titleholders, which isgenerally the date of commencement of the projectcensus of affected persons within the projectboundaries. Persons not covered at the time ofcensus taking will not be eligible for claims ofcompensation entitlements.
Economic Displacement Refers to loss of land, assets, access to assets,income sources, or means of livelihoods as aresult of this project.
Employees of Affected Businesses
Refers to persons employed in wage-basedenterprises affected by this project.
Enterprise-based Non-land based economic undertaking that is notsalaried/waged and associated withentrepreneurial ventures.
Entitlement Range of measures comprising compensation,income restoration support, transfer assistance,
income substitution and relocation support whichare due to affected people, depending on thenature and severity of their losses, to restore theireconomic and social base.
Formal Structure Refers to structures or improvements owned byAPs who have legal right on the land where thestructure is located and/or APs who have validarrangement with the registered landowner. Usedinterchangeably with “legal structures” throughoutthis RAP.
Legal APs APs that have legal right to occupy the affectedproperty. This may include landowner, structureowners, rent-free occupants, caretakers, sharers,heirs/relatives with valid claim of ownership orlegalizable arrangement with the registeredproperty owner.
Household A social unit consisting of a person living alone ora group of persons who sleep in the same housingunit and have a common arrangement in thepreparation and consumption of food.
Income Restoration
Informal Settler Family (ISF)
Informal Structure
Re-establishing income sources and livelihoods ofAPs to approximate or exceed the level it wasbefore the development project.
Households that do not have legal or legalizableright to own the land they occupy, homeless or donot own property anywhere else, and have a low-income as defined by this RAP. This may includestructure owners and renters, rent-free occupants,caretakers, and sharers.
Refers to any structure or improvement owned byAPs who do not have legal or legalizable right toown or use the land where the structure is located.
Institutional Establishments Entities that provide government, education, andspiritual services.
Involuntary Resettlement Occurs when affected people do not have the rightto refuse land acquisition and are displaced, whichmay result in long-term hardship andimpoverishment as well as social stress.
Land Acquisition The process whereby a person is compelled torelinquish ownership, possession, control or use ofall or part of their land, structures, or other assetsto the project in exchange for cash or in-kind
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compensation. This includes land or assets forwhich the possessor or user enjoys customary oruncontested access but lacks legal title. For thisproject, compensation is based on replacementcost.
Low Income Family
Non-Landowner Person/Family
Refers to family whose combined monthly incomeis below PhP40,000.
Refers to affected persons who responded thatthey do not own the land during the socio-economic survey (SES). This includes structureowners (with or without permission from thelandowner), renters, sharers, rent-free occupantsand caretakers (in both formal and informalstructures), regardless of income. They are alsoreferred to as Informal Settler Families but for thisdocument, non-landowner person/family is used.
Non-Resident Businesses Refers to enterprises whose owners do not residein the same location of their enterprise.
Non-Resident Farm Owners and Farmers Refers to farm owners and farmers who do notreside on the land they own and use, respectively,for farming.
Non-Resident Landowning Affected Owners
Refers to owners of land who do not reside onland affected and to be acquired by this project.
Physical Displacement Relocation, loss of residential land, or loss ofshelter as a result of this project.
PNR ROW Refers to the existing right-of-way owned by thePhilippine National Railway (PNR).
Project ROW (PROW) Refers to the right-of-way of this project.
Project Affected Business Refers to all types of businesses regardless ofscale whose normal operation will be affected bythe project.
Project Affected Farms Refers to land-based economic activity whosenormal operation will be affected severely ormarginally by the project.
Public Structures Refers to facilities built, owned, and/or operated bythe government (both national and local) used byand accessible to the public and funded fromgovernment sources.
Relocation Physical displacement of an AP from his/her pre-
project place of residence and his/her transfer toanother place.
Rental Subsidy Refers to a fixed amount of monetary assistancefor temporary accommodation of AHs whileawaiting for their movement/transfer to their choiceof relocation.
Replacement Cost Amount of cash or kind needed to replace anasset (i.e., land, private structure, crops and trees,public structure, and common resource).Replacement cost calculation comprises theseelements: (i) fair market value; (ii) transactioncosts; (iii) interest accrued (if any), (iv) transitionaland restoration costs (if any); and (v) otherapplicable payments (if any).
Resident Business Owners This refers to affected households who ownbusiness/enterprise located in their place ofresidence.
Resident Landowning AffectedHouseholds/Persons
Households who reside on project-affected landthey claim to own.
Severely Affected Impacts caused by the project resulting in 10% ormore of loss of productive resources and/orphysical displacement, or if residual holdings areno longer economically viable.
Vulnerable groups Distinct groups of people who might sufferdisproportionately or face the risk of beingmarginalized by the effects of resettlement andspecifically include: The project defines vulnerablepersons as (i) underprivileged below nationalpoverty line, (ii) households headed by seniorcitizens, (iii) solo parent-headed households, and(iv) households with members who are personswith disabilities.
This resettlement action plan is a document of the borrower. The views expressed herein do notnecessarily represent those of ADB's Board of Directors, Management, or staff, and may bepreliminary in nature.
In preparing any country program or strategy, financing any project, or by making anydesignation of or reference to a particular territory or geographic area in this document, theAsian Development Bank does not intend to make any judgments as to the legal or other statusof any territory or area.
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TABLE OF CONTENTS
ABBREVIATIONS.................................................................................................................................. I
GLOSSARY......................................................................................................................................... IV
LIST OF TABLES............................................................................................................................... XII
LIST OF FIGURES............................................................................................................................XVI
EXECUTIVE SUMMARY..................................................................................................................XVII
I. CHAPTER 1: PROJECT DESCRIPTION....................................................................................21
A. Background.............................................................................................................................. 21B. Objective of Malolos-Clark Railway Project.............................................................................21C. Scope of the Project................................................................................................................. 22D. Proximity to Ancestral Domain and Certificate of No-Overlap..................................................22E. Project Components................................................................................................................22
1. Main Railway Line (Malolos-Angeles)..................................................................................232. Bridge.................................................................................................................................. 293. Station................................................................................................................................. 294. Maintenance Base...............................................................................................................355. Substations.......................................................................................................................... 356. Utilities................................................................................................................................. 367. Construction Yard, Borrow Pit, and Spoil Disposal Area.....................................................36
F. Comparison on Alternatives Without Project Option................................................................36G. ROW Alternative Option...........................................................................................................36
II. CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT..................................39
A. METHODOLOGY TO ASSESS IMPACTS..........................................................................................39B. CUT-OFF DATE.......................................................................................................................... 39C. OVERVIEW OF AFFECTED LAND AND RESETTLEMENT IMPACTS.....................................................41D. SEVERITY OF IMPACTS...............................................................................................................42E. AFFECTED LAND........................................................................................................................44F. AFFECTED STRUCTURES............................................................................................................44G. AFFECTED HOUSEHOLDS............................................................................................................45H. AFFECTED TREES AND CROPS....................................................................................................46I. IMPACT ON LIVELIHOOD..............................................................................................................47J. VULNERABILITY..........................................................................................................................48K. LOSS OF INSTITUTIONAL, COMMUNITY PROPERTY AND PUBLIC FACILITIES....................................49L. IMPACTS ASSOCIATED WITH UTILITY RELOCATION.......................................................................50
III. CHAPTER 3: SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS.................................51
A. Socio-Economic Survey Overview.......................................................................................511. Purpose of the survey..........................................................................................................512. Survey Methodology............................................................................................................513. Schedule.............................................................................................................................. 524. Overview of the Survey Respondents..................................................................................52
B. Profile of Affected Resident Households.............................................................................521. Household Demographics...................................................................................................522. Profile of Household Heads.................................................................................................553. Tenure Status of Affected Households................................................................................564. Livelihood Profile and Living Standards...............................................................................575. Basic Household Amenities.................................................................................................646. History of Residency in the Area.........................................................................................66
C. Profile of Affected Businesses and Livelihoods Within the ROW.....................................691. Stand-Alone Businesses......................................................................................................692. Home-Based Livelihood.......................................................................................................73
D. Profile of Affected Persons Engaging in Agriculture-Related Activities...........................751. Number of Affected Persons Engaging in Agriculture..........................................................752. Tenure Status of Affected Persons Engaging in Agriculture................................................753. Farming Activity on Land.....................................................................................................75
IV. CHAPTER 4: LEGAL AND POLICY FRAMEWORK..............................................................77
A. Policies and Guidelines Applied to the Project.........................................................................77B. Philippine Legal Framework.....................................................................................................77C. Executive/Administrative/Department Orders..........................................................................91D. Relevant Manuals, Policies and Memorandum Circulars.........................................................94E. JICA Policies on Involuntary Resettlement..............................................................................96F. ADB Policy on Involuntary Resettlement and Indigenous Peoples..........................................97G. Resettlement Policy Comparison...........................................................................................101H. Fundamental Project Policy...................................................................................................112I. Cut-Off Date........................................................................................................................... 114J. Principle of Replacement Cost...............................................................................................115K. Eligibility and Project Impacts................................................................................................117L. Loss of Access.......................................................................................................................121
V. CHAPTER 5: COMPENSATION AND ENTITLEMENT............................................................122
A. Units of Entitlements..............................................................................................................122B. Conditions.............................................................................................................................. 124C. Persons Who Have Moved into the PROW After the Cut-off Date.........................................124D. Modes of Acquisition..............................................................................................................125E. Processes for Provisions of Compensation and Entitlements................................................125F. Process for Negotiated Sale..................................................................................................125G. Process of Expropriation........................................................................................................128H. Required Documents for Payment of Compensation.............................................................129I. Income Loss........................................................................................................................... 130J. Assistance to Obtain Necessary Documents.........................................................................130K. Payment Schedule................................................................................................................. 130L. Entitlement Matrix.................................................................................................................. 132
VI. CHAPTER 6: RELOCATION AND RESETTLEMENT PLAN................................................148
A. Non-Landowners....................................................................................................................1481. Beneficiaries of Relocation Assistance..............................................................................1482. Consultations with Affected Households............................................................................1493. Resettlement Sites.............................................................................................................1524. Summary of Activities/Findings:.........................................................................................1625. Resettlement Assistance Options and Relocation Package..............................................163
B. Relocation Plan for Severely Affected Community, Institutional, and Government Structures and Establishments.............................................................................................................................. 171
VII. CHAPTER 7: PUBLIC CONSULTATION..............................................................................173
A. Principles for Consultation and Participation..........................................................................173B. Project Stakeholders..............................................................................................................174C. Consultation and Participation Mechanisms..........................................................................175D. Consultation and Participation Mechanism Undertaken During Feasibility Study Phase.......177E. Consultation and Participation Mechanism Undertaken During Detailed Design Phase........179
1. Information, Education and Communication Meetings.......................................................1792. First Round of Stakeholder Consultation Meetings............................................................1823. Second Round of Stakeholder Consultation Meetings.......................................................1874. Focus Group Discussion with the Vulnerable Sector.........................................................1945. Focus Group Discussion with the Business Sector............................................................197
F. Consultation and Participation Mechanism During the Project Implementation Stage...........2001. Community Validation........................................................................................................200
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2. Visit to Relocation Sites.....................................................................................................2013. Consultation Through the Local Help Desk.......................................................................2014. Final Orientation Prior to Relocation..................................................................................2015. Consultation for the Livelihood Restoration and Improvement Program............................2016. Consultation for Civil Works...............................................................................................2027. Stakeholder Consultation Meetings for Monitoring and Evaluation....................................202
G. Consultation and Participation Mechanism During the Post-Project Implementation Stage. .2021. Stakeholder Consultation Meeting.....................................................................................2022. Focus Group Discussion....................................................................................................202
H. Information Disclosure...........................................................................................................2021. Production and Distribution of Printed and Other Materials...............................................2022. Online Disclosure of Project Information............................................................................2033. Media Release and Press Briefing.....................................................................................2034. COVID-19 Health and Safety Measures for Physical Consultations..................................2035. Disclosure of RAP Documents..........................................................................................206
VIII. CHAPTER 8: LIVELIHOOD RESTORATION AND IMPROVEMENT PLAN.........................207
A. Objective of the Livelihood Restoration and Improvement Program......................................207B. Categories of Affected Persons with Affected Livelihood.......................................................208C. Methodology for Developing the Program..............................................................................208
1. Livelihood Survey..............................................................................................................2082. Focus Group Discussion....................................................................................................2093. Training Needs Assessment..............................................................................................2094. Rapid Labor Market Assessment.......................................................................................2105. Key Informant Interviews...................................................................................................210
D. Proposed Livelihood Rehabilitation Measures.......................................................................211E. Type of Livelihood Assistance................................................................................................215
1. Livelihood Assistance for Micro-Business Owners Engaged Directly in Farming..............2162. Livelihood Assistance for Affected Business Owners........................................................2173. Livelihood Assistance for Affected Employees..................................................................2204. Livelihood Assistance for Wage-Based APs......................................................................2235. Livelihood Assistance for Vulnerable Affected Persons.....................................................224
F. Implementation Arrangements...............................................................................................227G. LRIP Budget Estimate............................................................................................................229H. Additional Risks During COVID-19 and Mitigating Measures................................................232
IX. CHAPTER 9: GRIEVANCE REDRESS MECHANISM..............................................................234
A. Scope and Objective of the Grievance Redress Mechanism.................................................234B. Principles Guiding the Grievance Redress Mechanism.........................................................234C. DOTr's GRM Team................................................................................................................235D. Levels of the Grievance Redress Mechanism........................................................................237E. Grievance Redress Mechanism Procedure...........................................................................240F. Grievance Communication Between GR Officer and APs.....................................................244G. Status of GRM Set-up for MCRP...........................................................................................245H. Information Dissemination.....................................................................................................246I. Capacity Building of GR Officers............................................................................................248J. Monitoring Reports on Grievance Redress............................................................................250
X. CHAPTER 10: RAP IMPLEMENTATION ARRANGEMENTS..................................................252
A. Department of Transportation................................................................................................2541. Technical Working Committee...........................................................................................2542. Malolos Clark Railway Project`s Project Management Office............................................255
B. Partner Institutions.................................................................................................................2591. Project-Wide Partner Institutions.......................................................................................2592. Site-Specific (Local-Level) Partner Institutions..................................................................267
XI. CHAPTER 11: RAP IMPLEMENTATION SCHEDULE.............................................................277
A. Implementation Schedule of Construction.............................................................................277B. Resettlement Action Plan Schedule.......................................................................................277C. RAP Implementing Institutions...............................................................................................277D. Relocation of Non-Landowner Affected Persons...................................................................278E. Provision of Livelihood Restoration and Improvement Program............................................280F. Relocation of Utilities.............................................................................................................280G. Monitoring of RAP Implementation........................................................................................281H. Arrangements for the RAP Implementation...........................................................................281I. Information Dissemination and Consultation..........................................................................282
XII. CHAPTER 12: COST AND BUDGET FOR RESETTLEMENT AND ACQUISITION OF LAND ASSETS............................................................................................................................................ 284
A. Right-of-Way Acquisition........................................................................................................287B. Relocation Site Development.................................................................................................288C. Resettlement Assistance.......................................................................................................288D. Livelihood Assistance............................................................................................................291E. Non-Land Assets and Improvements.....................................................................................293F. RAP Implementation and Monitoring.....................................................................................293G. Fund for RAP Implementation................................................................................................294
XIII. CHAPTER 13: MONITORING AND EVALUATION..............................................................295
A. Purpose of Monitoring and Evaluation on the Resettlement Action Plan...............................295B. Institutional Arrangement.......................................................................................................295C. Internal Monitoring................................................................................................................. 295D. External Monitoring................................................................................................................296E. Reporting............................................................................................................................... 296F. Monitoring Indicators..............................................................................................................299
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LIST OF TABLES
Table I-1: Sections of the Main Railway Line in Between Stations......................................................23Table I-2: List of Span Layout of Viaducts and Bridges at Major Crossings........................................29Table I-3: Station Location................................................................................................................... 30Table I-4: Station Type........................................................................................................................34Table I-5: Comparison of MCRP Structural Type.................................................................................37Table II-1: Cut-off Date........................................................................................................................ 40Table II-2: Summary of Affected Households by Main Type of Loss...................................................41Table II-3: Summary of Impacts...........................................................................................................42Table II-4: Severity of Impacts.............................................................................................................43Table II-5: Affected Total Project ROW Land Area (m2)......................................................................44Table II-6: Types of Affected Structures..............................................................................................45Table II-7: Location of Affected Structures...........................................................................................45Table II-8: Location of Households with Affected Residence...............................................................45Table II-9: Tenure Status of Affected Households...............................................................................46Table II-10: Type of Affected Crops and Trees....................................................................................46Table II-11: Resident Structure Owners Losing Trees and Crops........................................................46Table II-12: Impacts on Farming, Micro-business, and Employees.....................................................47Table II-13: Type of Business Activities...............................................................................................47Table II-14: Vulnerable Households.....................................................................................................48Table II-15: Locations of Community Structures, Institutional and Government Facilities and
Establishments............................................................................................................................ 49Table II-16: List of Affected Community Property Facilities.................................................................49Table III-1: Number of Affected Households and Members by Gender...............................................53Table III-2: Age Distribution of Affected Household Members by Gender............................................53Table III-3: Educational Attainment of Affected Household Members..................................................53Table III-4: Ethnolinguistic Affiliation of Affected Persons....................................................................54Table III-5: Affected Households Requiring Special Assistance During Transfer.................................55Table III-6: Vulnerable Affected Households/Groups...........................................................................55Table III-7: Gender Distribution of Affected Household Heads by Age................................................56Table III-8: Gender Distribution of Affected Household Heads by Civil Status.....................................56Table III-9: Structure Ownership of Affected Households....................................................................56Table III-10: Occupancy Arrangements of Non-owners of Structures..................................................57Table III-11: Average Monthly Rental Rates........................................................................................57Table III-12: Number of Affected Households by Monthly Income Bracket (All Sources)....................58Table III-13: Average Monthly Household Expenses...........................................................................58Table III-14: Number of Affected Household Members by Primary Income Source.............................59Table III-15: Location of Primary Household Income Source...............................................................60Table III-16: Gender Distribution of Household Members Who’s Primary Income Sources Are Enterprise-
Based........................................................................................................................................... 60Table III-17: Gender Distribution of Household Members Who’s Primary Income Sources Are Wage-
Based........................................................................................................................................... 61Table III-18: Number of Affected Persons Engaging in Primary Land-based Income Sources............62Table III-19: Number of Affected Household Members by Secondary Income Source........................62Table III-20: Location of Secondary Household Income Source..........................................................62Table III-21: Gender Distribution of Household Members Whose Secondary Income Sources Are
Enterprise-Based.........................................................................................................................63Table III-22: Gender Distribution of Household Members Whose Secondary Income Sources Are Wage-
Based........................................................................................................................................... 63Table III-23: Access to Water (Multiple Responses)............................................................................64Table III-24: Access to Sanitation Facilities.........................................................................................65Table III-25: Access to Electricity.........................................................................................................65Table III-26: Cooking Facilities among Affected Households (Multiple Response)..............................65Table III-27: Type of Residence...........................................................................................................66
Table III-28: Number of Years of Residence in Current Locations.......................................................66Table III-29: Place of Previous Residence...........................................................................................67Table III-30: Reason for Establishing Residence in Current Locations................................................67Table III-31: Number of Previously Relocated Households.................................................................68Table III-32: Reason for Returning to Current Locations (Multiple Response).....................................68Table III-33: Households Which Have Availed of Government Housing Programs..............................69Table III-34: Gender Distribution of Business Owners.........................................................................69Table III-35: Type of Business Ownership...........................................................................................70Table III-36: Retention of Business Licenses or Permits.....................................................................70Table III-37: Gender Distribution of Business Owners by Type of Business........................................71Table III-38: Length of Business Operation.........................................................................................71Table III-39: Classification of Businesses and Enterprises..................................................................71Table III-40: Number of Employees Receiving Average Monthly Income............................................72Table III-41: Average Gross Monthly Income of Affected Businesses.................................................72Table III-42: Average and Estimated Total Monthly Income of Businesses.........................................73Table III-43: Tenure Status of Affected Business.................................................................................73Table III-44: Home-Based Business....................................................................................................74Table III-45: Income from Home-Based Enterprises............................................................................74Table III-46: Number of APs with Rental Business by Gender............................................................74Table III-47: Number of Affected Persons Engaging in Agriculture Activities.......................................75Table III-48: Tenure Status.................................................................................................................. 75Table III-49: Farming Activity on Land.................................................................................................75Table IV-1: List of Applicable Legal Framework...................................................................................77Table IV-2: Price Ceiling for Socialized Subdivision Projects..............................................................93Table IV-3: Price Ceiling for Socialized Condominium Projects...........................................................93Table IV-4: Gap Analysis and Harmonized Involuntary Resettlement Policy.....................................101Table IV-5: Categories of Business Enterprises................................................................................120Table V-1: Affected Persons Entitled to Livelihood Restoration Assistance......................................123Table V-2: Payment Schedule for Legal Property Owners................................................................131Table V-3: Entitlement Matrix.............................................................................................................134Table VI-1: Number of Affected Households.....................................................................................148Table VI-2: Vulnerable Households/Groups......................................................................................149Table VI-3: Affected Persons Requiring Special Assistance..............................................................149Table VI-4: Preferences of Affected Households for Relocation Options...........................................150Table VI-5: Location of Proposed Relocation Sites............................................................................151Table VI-6: Access to Public and Social Services from Relocation Sites...........................................152Table VI-7: Access to Public and Social Services from Relocation Sites of Northville 8 (Barangay Bangkal,
Malolos City).............................................................................................................................. 153Table VI-8: Access to Public and Social Services from Relocation Sites of Plaridel Ville located at
Barangay Sipat, Plaridel, Bulacan.............................................................................................155Table VI-9: Access to Public and Social Services from Relocation Sites of Dr. Emigdio A. Bondoc Ville
Resettlement Project.................................................................................................................. 157Table VI-10: Access to Public and Social Services from Relocation Sites of Northville 14 Expansion Area
................................................................................................................................................... 158Table VI-11: Access to Public and Social Services from Relocation Sites of Angeles Heights resettlement
Project........................................................................................................................................ 161Table VI-12: Eligibility for Assisted Resettlement Programs by Category of Affected Households....164Table VI-13: Sample Computation on Monthly Amortization.............................................................166Table VI-14: NHA`s Relocation Process and Timeline......................................................................166Table VII-1: Consultation and Participation Mechanisms...................................................................175Table VII-2: Summary of Consultation and Participation During Feasibility Study Phase..................178Table VII-3: Summary of IEC Meetings Conducted During Detailed Design Phase..........................180Table VII-4: Issues and Concerns Raised During IEC Meetings of the Detailed Design Phase........181Table VII-5: Summary of First Stakeholder Consultation Meetings Conducted During Detailed Design
Phase......................................................................................................................................... 183Table VII-6: Issues and Concerns Raised During First SCMs of the Detailed Design Phase............184
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Table VII-7: Consultation Mechanisms Adopted for APs...................................................................188Table VII-8: Summary of Second Stakeholder Consultation Meetings Conducted During Detailed Design
Phase......................................................................................................................................... 189Table VII-9: Issues and Concerns Raised During Second SCMs of the Detailed Design Phase.......190Table VII-10: Summary of Focus Group Discussions with the Vulnerable Sector..............................195Table VII-11: Results from the Focus Group Discussions with the Vulnerable Sector.......................195Table VII-12: Summary of Focus Group Discussions with the Business Sector................................197Table VII-13: Results from the Focus Group Discussions with the Business Sector.........................198Table VII-14: Summary of Second Round of FGDs with the Business Sector...................................200Table VII-15: Main Findings Discovered During Second FGDs with the Business Sector.................200Table VII-16: Materials Prepared and Distributed..............................................................................202Table VII-17: Social Media Accounts for the Project..........................................................................203Table VII-18: General Health and Safety Approach...........................................................................204Table VII-19: Required Protective Approaches for Staff and Participants..........................................205Table VII-20: Project COVID-19 Measures to Physical Public Consultations and Ground Surveys...205Table VII-21: List of Disclosed Documents upon FS Completion.......................................................206Table VII-22: Documents to be disclosed..........................................................................................207Table VIII-1: Summary of TNA Conducted in Affected LGUs............................................................209Table VIII-2: Summary of TNA Conducted in Affected LGUs............................................................210Table VIII-3: Loan Assistance Available to APs.................................................................................211Table VIII-4: Summary of Categories of APs, Proposed Livelihood Rehabilitation Measures and
Recommended Livelihood Assistance.......................................................................................212Table VIII-5: Summary of LRIP Approach and Activities by Phase and Category of APs..................215Table VIII-6: Type of Business and Number of Affected Business Owners.......................................217Table VIII-7: Number of Affected Micro-Business Owners and Classifications..................................218Table VIII-8: Number of APs Losing Income Due to Acquisition and Displacement..........................219Table VIII-9: Available Training Programs and Courses Per LGU.....................................................219Table VIII-10: Government-issued Permits and their Fees................................................................220Table VIII-11: Number of Employees Receiving Average Monthly Income per LGU.........................221Table VIII-12: Anticipated Project-Related Employment Opportunities..............................................222Table VIII-13: List of Vocational Training Courses on Construction-Related Skills............................222Table VIII-15: Available Construction-Related Skills Training Programs and Courses under LGUs. .223Table VIII-15: Wage-Based APs by Location of Employment............................................................223Table VIII-16: NC II Vocational and Enterprise Training with Starter Kits..........................................225Table VIII-17: Summary of Roles and Responsibilities of Concerned Agencies................................228Table VIII-18: Estimated LRIP Budget...............................................................................................229Table IX-1: Levels of the Grievance Redress Mechanism.................................................................237Table IX-2: Grievance Redress Mechanism Procedure.....................................................................241Table IX-3: Methods for Communications with Affected Persons......................................................244Table IX-4 Status of the Local Help Desk and the Local GRM Team (as of May 2020)....................245Table IX-5 Composition of the Central GRM Team (as of May 2020)................................................246Table IX-6: Methodology for GRM-Related Information Dissemination.............................................247Table IX-7 Summary Information of GRM Trainings..........................................................................248Table IX-8: Summary Records for the GR Iteration Workshop..........................................................249Table X-1: Implementing Units and Coordinating Bodies..................................................................252Table X-2: Composition of the Technical Working Committee...........................................................255Table X-3: Planned Composition of the MCRP PMO (as of 15 May 2019)........................................258Table X-4: Composition and Member Agencies of the Project Inter-Agency Committee...................259Table X-5: Roles and Responsibilities of PIAC Members..................................................................260Table X-6: Composition of the Technical Working Group..................................................................261Table X-7: Composition of the RIMC.................................................................................................268Table X-8: Roles and Responsibilities of RIMC Members.................................................................269Table X-9: Roles and Responsibilities of the RIMC`s Sub-Committees.............................................270Table X-10: Composition of the LIAC................................................................................................274Table XII-1: Estimated RAP Implementation Cost.............................................................................284Table XII-2: Cost of Relocation Site and Rental Facility Development..............................................288
Table XII-3: Cost of Rental Subsidy...................................................................................................288Table XII-4: Cost of Connection of Utilities........................................................................................289Table XII-5: Cost of Transportation Assistance..................................................................................290Table XII-6: Cost of Transportation Assistance for Dismantled Structures........................................290Table XII-7: Cost of Food Assistance................................................................................................290Table XII-8: Cost for Inconvenience Allowance.................................................................................291Table XII-9: Cost for Special Assistance............................................................................................291Table XII-10: Compensation for Income Loss of Enterprises.............................................................291Table XII-11: Compensation for Income Loss of Displaced Employees............................................292Table XII-12: Rental Subsidy for Business Enterprise.......................................................................292Table XII-13: Transportation Assistance for Businesses...................................................................293Table XII-14: Compensation for Fruit-Bearing and Timber Trees and Other Plants..........................293Table XII-15: Cost for Information Disclosure....................................................................................294Table XIII-1: Monitoring Reports........................................................................................................297Table XIII-2: Internal Monitoring Indicators........................................................................................299Table XIII-3: Guide Questions for Internal Monitoring........................................................................303Table XIII-4: External Monitoring Indicators.......................................................................................306Table XIII-5: Guide Questions for External Monitoring.......................................................................309
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LIST OF FIGURES
Figure I-1: Project ROW in Malolos.....................................................................................................24Figure I-2: Project ROW in Calumpit....................................................................................................24Figure I-3: Project ROW in Apalit.........................................................................................................25Figure I-4: Project ROW in Minalin......................................................................................................25Figure I-5: Project ROW in Sto. Tomas...............................................................................................26Figure I-6: Project ROW in San Fernando...........................................................................................26Figure I-7: Project ROW in Angeles.....................................................................................................27Figure I-8: Viaduct Structure for Typical Section..................................................................................28Figure I-9: Perspective of Typical Viaduct Structure............................................................................28Figure I-10: Location of Calumpit Station.............................................................................................31Figure I-11: Location of Apalit Station..................................................................................................32Figure I-12: Location of San Fernando Station....................................................................................33Figure I-13: Location of Angeles Station..............................................................................................34Figure I-14: Cross-section of Calumpit, San Fernando, Angeles Stations...........................................35Figure I-15: Cross-section of Apalit Station.........................................................................................35Figure V-1: DOTr Land Acquisition Swimlane...................................................................................127Figure VI-1: Site Development Plan of Northville 8 (Barangay Bangkal, Malolos City)......................153Figure VI-2: Public facilities at Northville 8 (Barangay Bangkal, Malolos City)...................................154Figure VI-3: Site Development Plan of Plaridel Ville (Brgy Sipat, Plaridel, Bulacan).........................155Figure VI-4: Public facilities at Plaridel Ville located at Barangay Sipat, Plaridel, Bulacan................156Figure VI-5: Site Development Plan of Dr. Emigdio A. Bondoc Ville Resettlement Project................157Figure VI-6: Public facilities at Dr. Emigdio A. Bondoc Ville Resettlement Project.............................158Figure VI-7: Site Development Plan of Northville 14 Expansion Area (Barangay. Calulut, San Fernando,
Pampanga)................................................................................................................................ 158Figure VI-8: Public facilities at Northville 14 Expansion Area (Barangay. Calulut, San Fernando,
Pampanga)................................................................................................................................ 159Figure VI-9: Site Development Plan of Angeles Heights resettlement Project at Barangay Sapa-Libutad
Angeles City, Pampanga)..........................................................................................................160Figure VI-10: Public facilities at Angeles Heights resettlement Project at Barangay Sapa-Libutad Angeles
City, Pampanga)........................................................................................................................162Figure VI-11: Steps on Relocation Site Development through the NHA’s CBIA................................165Figure VI-12: NHA`s Typical House Design.......................................................................................169Figure VIII-1: Phases of LRIP Implementation...................................................................................215Figure X-1: RAP Implementation Structure (as of February 2020)....................................................253Figure X-2: Planned Structure of the MCRP PMO (as of 15 May 2019)............................................258Figure X-3: Composition and Structure of the RIMC (as of February 2020)......................................272Figure XI-1: RAP Implementation Schedule......................................................................................283
LIST OF APPENDICES
Appendix 1 – Non-Landowner (NLO) Masterlist Appendix 2 – Certificate of Non-Overlap (CNO) Issued by the National Commission onIndigenous Peoples (NCIP)Appendix 3 – Methodology of Replacement Cost Study (RCS)Appendix 4 – Sample Offer to Compensate (OTC)Appendix 5 – Sample Agreement to Demolish and Remove Improvements (ADRI)Appendix 6 – Memorandum of Agreement (MOA) with the National Housing AuthorityAppendix 7 – Memorandum of Agreement (MOA) with the Landbank of the Philippines Appendix 7 – Draft Terms of Reference (TOR) for External Monitoring Agent (EMA)Appendix 8 – Draft Quarterly Monitoring Form Appendix 9 – Communication Materials/Public Information Brochure
EXECUTIVE SUMMARY
1. The Government of the Philippines (GoP) requested the Japan International CooperationAgency (JICA) and the Asian Development Bank (ADB) in the provision of financial assistanceto the Malolos Clark Railway Project (MCRP) also known as North-South Commuter RailwayExtension Project (NSCR-Ex). The MCRP consists of the Cities and Municipalities of Manila,Bulacan and Pampanga Provinces. This Resettlement Action Plan (RAP) has been preparedspecifically for the project affected City of Malolos and Municipality of Calumpit in the Provinceof Bulacan, Municipalities of Minalin, Sto. Tomas, Apalit, and the Cities of San Fernando andAngeles in the Province of Pampanga.1 The purpose of this RAP is to identify all impactsassociated with the clearance of Project right-of-way (ROW) involving Non-Landowners residingwithin PNR existing Right-of-Way. This RAP will also assess the socio-economic context ofaffected people in the area and present agreed measures to fully mitigate impacts within a time-bound plan. 2. Malolos Clark Railway Project (MCRP) comprises the Malolos to Clark section and theBlumentritt Extension. The 51.4 km Malolos to Clark section commences at the City of Malolos,passing through the Municipality of Calumpit in the Province of Bulacan, and the Municipalitiesof Apalit, Minalin and Sto. Tomas in the Province of Pampanga, and Cities of San Fernando,Angeles and Mabalacat until the alignment reaches inside the Clark International Airport (CIA)complex, all in the Province of Pampanga. The length of the MCRP will be comprising a 51.4 kmlong main line with 47.84 km of viaducts, 0.64 km of embankment and at-grade and 2.94 km ofunderground, and a 1.2 km at grade spur line to the depot. There will be six stations, one depotwith an Operations Control Center, 13 bridge crossings and substations. Location of theconstruction yards and disposal areas will be determined by the contractor.
3. The required land for this project will be provided by the Philippine National Railways(PNR), the state agency with its ROW and a number of identified national government agencies(NGAs) through the government’s inter-departmental land transfer procedure. While there willbe private lands to be acquired when the land owned by the PNR and GoP is smaller than therequired project ROW (PROW), this RAP does not cover the acquisition of private lands.Instead, the issue of acquisition of private land is addressed by another RAP for landowners forthe same section of this project. 4. The entire project is categorized as A for ADB’s involuntary resettlement safeguards.Five separate RAPs will be prepared for the project: (i) Mabalacat City, (ii) two for Solis-Blumentritt in Manila City, (iii) Malolos-Angeles land acquisition, and (iv) Malolos-Angeles PNRROW clearing RAP. This RAP focuses on impacts to non-landowners occupying the existingPNR ROW, other government lands as well as non-landowner residents occupying private landsthat were acquired under the LO RAP. 5. Project Land Requirement and Resettlement Impacts. Overall, MCRP will utilizeexisting Philippine National Railways (PNR) ROW, as well as acquire additional parcels of landin areas where the width of the PNR ROW is less than 30 m, and at station locations, whichrequire 60-m width or more. Involuntary resettlement impacts will be a result of the acquisition ofland for stations, the depot and widening of the ROW. Some sections between Apalit andAngeles will be realigned due to technical reasons. Land acquisition for the realignment andnew alignment sections is mostly agricultural land and will be covered in the RAP forlandowners.
1 Covering works packages N-01, N-02, and N-03.
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6. This RAP will cover the City of Malolos and Municipality of Calumpit in the Province ofBulacan, the Municipalities of Minalin, Sto. Tomas and Apalit and in the Cities of San Fernandoand Angeles in the Province of Pampanga. Impacts will include full or partial displacement of atotal of 2,744 non landowners.
7. The affected households (AHs) and affected persons (APs) will experience impacts withloss of residence, business, and/or other livelihood sources. There is a total of 2,977 affectedhouseholds. Of these, there are 2,744 households (11,238 persons) who will be displaced fromtheir residences. Impacts on livelihoods included in the total number of AHs are 104 displacedstand-alone businesses (including 2 farmers), 291 households losing businesses they operatefrom their affected residences, 147 households earning income from renting out space in theiraffected residences that they occupy, 129 displaced employees of affected businesses and 292wage earning persons who will experience significantly longer commuting times to their placesof employment after relocation to a resettlement site. There are 1,288 vulnerable householdsaffected by the project composed of 328 households headed by the elderly, 286 solo parentswith dependents, 607 AHs earning income below the poverty threshold, and 67 households withfamily member who is a person with disability (PWD). All APs who will experience loss of assetsand income are entitled to compensation and assistance described in the Entitlement Matrix(EM) aimed at restoring, if not improving, their living standards.
8. There are no Indigenous Peoples (IPs) in the project area nor is it anticipated that land inancestral domain areas will be acquired. Notwithstanding, as per the requirement of thePhilippines Indigenous Peoples Rights Act (IPRA), the Project obtained certificate of non-overlap from the National Commission on Indigenous Peoples (NCIP) for the proposed depotarea in September 2018 since it is located close to an ancestral domain land. 9. Social Safeguards Policy Principles for the Project. The RAP follows ADB SafeguardPolicy Statement (SPS) of 2009, JICA Guidelines (2010) and relevant Philippine laws andprocedures. DOTr, the Executing Agency (EA) for the Project will uphold the IR policy principlesfor the Project as set out in this RAP.
10. Affected Persons and Eligibility. The cut-off-date of eligibility for the project was setbetween February to December 2018 except for one barangay in Angeles (July 10, 2019) andanother barangay in San Fernando (July 25, 2019).
11. Compensation and Entitlements. Compensation at replacement cost will be providedto all APs/AHs losing assets and income due to Project ROW clearing for the project. Otherforms of transitional and restorative assistance will also be provided to achieve the RAPobjectives of restoring, if not improving, living standards. Details of eligibility and entitlementsare set out in the Entitlement Matrix in the RAP. The DOTr will work closely with the LocalGovernment Units (LGUs), the National Housing Authority (NHA), the Department of HumanSettlements and Urban Development (DHSUD) and other stakeholder/partner agencies in theimplementation of the ROW clearing work, resettlement and the allocation of compensation andentitlements in accordance with the Entitlement Matrix (EM). 12. Relocation Assistance. Relocation assistance will be provided to the 2,744 AHscovered under this RAP. Two options shall be offered to the AHs namely: assisted relocationand self-relocation options. The assisted relocation entails the provision of permanent housingin the relocation sites through the Community-based Initiative Approach (CBIA) program ofNHA.
13. Livelihood Restoration and Improvement Program. The DOTr will implement thelivelihood improvement and restoration program (LRIP) in partnership with the cities andmunicipalities of Malolos to Angeles covered by the MCRP and national and regionalgovernment agencies in Region 3. The approach involves short and immediate and long-terminterventions appropriate to the needs of AHs/APs and is gender-responsive. The APs/AHsengaged in livestock and pet birds farming and other micro-business activities will be assisted inre-establishing their businesses. APs will be encouraged and assisted in setting up alternativebusinesses if present business activities are not feasible in their relocation sites. Technicalassistance and access to soft loans for start-ups will be also provided. Affected wage-basedemployees will be assisted for job placement under construction activities of the project. TheLGUs` provision of basic and advanced skills training programs and pre-employment assistancefor APs is also set out in this project. In a long term, APs/AHs who/which are transferring torelocation sites will be provided with cash compensation and other special assistance in re-establishing their livelihood upon final transfer. The Sub-Committee on Livelihood Restorationunder the RAP Implementation and Management Committees (RIMC) at the LGU will overseeand monitor the LRIP implementation. 14. Grievance Redress Mechanism. The project level Grievance Redress Mechanism(GRM) outlines the procedures in which grievances are accepted, assessed, and resolved, andincludes three levels of grievance redress for complaints concerning the project and the RAPimplementation. Notwithstanding, APs may seek redress through the country’s judicial system atany time, which is not a part of the GRM. The GRM has been developed in accordance withJICA Guidelines (2010) and ADB SPS (2009) and aims to reduce impacts and risks of theproject and promote mutually constructive and trust-based relationships with affected people.The GRM was established during RAP preparation and the Help Desks have been set up in allLGUs. The Help Desk is managed by DOTr Grievance Redress (GR) Officer together with LGUdesignated GRM Focal Person. 15. Institutional Arrangements. DOTr is both the Executing Agency (EA) andImplementing Agency (IA) of the Project. Other key institutional stakeholders include PhilippineNational Railways (PNR),) Department of Human Settlement and Urban Development(DHSUD), National Housing Authority (NHA), and the LGUs. A Project Inter Agency Committee(PIAC) composed of related National Government Agencies (NGAs) will provide policy supportand resources to speed up the implementation of the RAP. The MCRP Project ManagementOffice (PMO) under the DOTr - Office of the Undersecretary for Railways is the epicenter incarrying out the RAP implementation particularly in the acquisition and clearing of Right-of-Way(ROW). The MCRP PMO is organized to oversee all technical and administrative concerns ofthe Project and monitor activities related to RAP implementation.
16. Implementation Schedule. The construction for this section of MCRP is expected tostart in August 2020. Upon approval of this updated RAP, contracts can be awarded, and civilworks may commence on areas that are free and clear2 of impacts. The ImplementationSchedule provides details on the steps and process to update the RAP, relocation procedures,creation of implementing institutions, Livelihood Restoration and Improvement Program (LRIP),and monitoring of the RAP implementation. This schedule was updated during the DetailedDesign (DD) Phase.
2 Free and clear land is defined as land without project affected persons, compensable structures, improvements, trees, crops andutilities and other impacts to which persons are eligible for compensation and assistance.
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17. Budget and Financing. The total cost for the implementation of the RAP for non-landowners in the Malolos Clark Section of the MCRP is estimated at PhP 3,490,552,504. Thebudget covers costs to pay for the acquisition of main and associated structures andimprovements, development of resettlement sites, relocation assistance, livelihood assistance,compensation for crops and trees, the GRM implementation, and overall RAP implementationand monitoring (including administrative costs and a 10% contingency).
18. Monitoring. There will be two types of monitoring for this RAP: internal and externalmonitoring. DOTr is conducting monthly, quarterly, and semi-annual monitoring of theresettlement activities and submits quarterly and semi-annual monitoring and evaluation reportsto JICA and ADB. To ensure compliance, the services of an External Monitoring Agent (EMA)have been procured by the DOTr to provide an independent periodic review and assessment ofthe implementation of the RAP. Disclosure of monitoring reports will be made upon submissionto JICA and ADB through the JICA, ADB and DOTr websites. Preparation of monthly andquarterly monitoring reports starts from the commencement of RAP validation until completionof payment of compensation, whereas semi-annual monitoring and evaluation reports will becarried out for the duration of the project until the end of the loan closing. Post-completion andevaluation reports as well as a final report will also be prepared.
19. Consultation, Participation, and Disclosure. Meaningful consultations have beenconducted to ensure that issues, concerns, and voices raised from AHs/APs are incorporatedinto the project preparation process. Information, education, and communication (IEC) meetingswith the LGUs concerned were conducted to disclose initial information about the project, priorto any RAP-related activities. Suggestions and inputs from APs were noted, and their issuesand concerns were considered particularly concerning timely disbursement of compensation,timing of transfer, and completion schedule of housing units at the relocation sites. Stakeholderconsultation meetings (SCMs) were held with APs during the feasibility study (FS) and DDphases. Two rounds of SCMs were conducted during the FS phase, and two rounds during theDD phase. During the first round of SCMs at the DD RAP phase, the DOTr disclosed updateson the project and information on RAP activities and arranged an open forum. During thesecond round of SCMs, the DOTr disclosed information through a blended mode ofengagement in compliance with national and local safety protocols to reduce the spread ofCOVID-19 pandemic. The blended mode of communications with AHs reinforced the DOTr’sobjective in disclosing information on the compensation package, relocation sites for Bulacanand Pampanga Provinces, and LRIP implementation. The small face-to-face meetings providedan open forum, the distribution of project information brochures (PIBs) attached with a feedbackform supported disclosure activities and collected feedback from APs. Follow-up calls to somecommunity leaders and APs were also conducted. A supplementary survey and focus groupdiscussions (FGDs) were also undertaken to substantiate the data gathered through the SESwith affected business sectors and vulnerable groups. Health and safety measures are beingapplied to consultation activities in this time of COVID-19 pandemic. This RAP will also beaccessible to the public through JICA, ADB, and DOTr websites.
I. CHAPTER 1: PROJECT DESCRIPTION
1. This Resettlement Action Plan (RAP) covers Non-Landowner households who will beaffected by the Project in the City of Malolos and Municipality of Calumpit in the Province ofBulacan and in the Municipalities of Minalin, Sto. Tomas and Apalit and in the Cities of SanFernando and Angeles all in the Province of Pampanga for the Malolos-Clark Railway Project(MCRP), also known as the North-South Commuter Railway Extension Project (NSCR-Ex orClark Extension). Another RAP covers land acquisition outside the existing PNR ROW includingresident and non-resident landowners and business owners and non-resident farmowners/operators. Lastly, as the MCRP also covers the Solis to Blumentritt section in the south,there will be two RAPs for this section also covering landowners and non-landowners.
A. Background
20. The project will contribute to the sustainable development of Metro Manila and the fast-growing urban areas in and near Clark, while also improving connectivity to the CIA. Thepopulation of Metro Manila3 increased by 1.5 times from 8.0 million in 1990 to 12.8 million in2015.4 With a population density of 20,000 per km2, Metro Manila is home to about 13% of thepopulation of the Philippines and the main economic center contributing 38% to the country’sGDP.
21. Severe traffic congestion and environmental degradation characterize Metro Manila,particularly at city centers where high density development continues. Urban sprawl has spilledover to surrounding northern and southern provinces located within daily commuting distance.With increasing private vehicle ownership, congestion is expected to worsen, further increasingtravel times of public commuters. 22. The planning and implementation of the MCRP is a financing assistance by the JapanInternational Cooperation Agency (JICA) and the Asian Development Bank (ADB) through aMulti-tranche Finance Facility (MFF) covering 51.4 km of railway line from Malolos to ClarkInternational Airport (CIA), with a 1.2 km spur line to the depot site, which starts about 4 km pastClark Station, the Gil Puyat Avenue depot in Mabalacat and the Blumentritt extension in the Cityof Manila. The Project also includes construction of seven stations, one station in the Provinceof Bulacan, five stations in the Province of Pampanga and Blumentritt Station in the City ofManila.
23. The Feasibility Study (FS) Phase of this Project was conducted from December 2017 toAugust 2018, and the Detailed Design (DD) Phase started in September 2018 and completed inFebruary 2020. The GoP signed a Loan Agreement with JICA in January 2019 and with ADB inJuly 2019.
B. Objective of Malolos-Clark Railway Project
24. The MCRP is one of the government’s efforts to promote inclusive growth and improvethe transport and logistics services to currently underserved areas in the country. Starting fromthe center of Metro Manila to the nearby areas in North Luzon, the MCRP is expected to ease
3 Officially the National Capital Region (NCR), a metropolitan area comprised of 16 independent cities which include the City of Manila, Quezon City, Caloocan City, Las Pinas City, Makati City, Malabon City, Mandaluyong City, Marikina City, Muntinlupa City, Navotas City, Paranaque City, Pasay City, Pasig City, San Juan, Taguig City, Valenzuela City and one (1) municipality that is Pateros.
4 Philippines Statistic Authority (PSA), 2015 Census of Population.
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the traffic congestion on existing national and local roads along the railway’s route whileaccelerating economic growth and expansion along the project’s influence areas. 25. The MCRP will provide a high standard suburban commuter rail from Malolos to Clarkwith the line commencing at the city of Malolos, passing through the municipality of Calumpit,both in the province of Bulacan, the municipalities of Apalit, Minalin, and Sto. Tomas, and citiesof San Fernando, Angeles and Mabalacat, until the alignment reaches inside the CIA complex,all in the Province of Pampanga. MCRP also includes a section for Solis to Blumentritt in theCity of Manila.
26. The MCRP will offer two types of train operations from Metro Manila to ClarkInternational Airport, the commuter train with a maximum speed of 120 km/h and the airportexpress train services with a speed of 160 km/h to better serve the public commuters as well asthose with travel itineraries using the CIA.
C. Scope of the Project
27. This portion of the RAP requires the clearing of a total of existing 86.6 ha of PNR land forthe PROW in the cities/municipalities of Malolos and Calumpit in the Province of Bulacan and inthe cities/municipalities of Apalit, Minalin, Sto. Tomas, San Fernando, and Angeles in theProvince of Pampanga.
28. This RAP is based on the detailed engineering design for the project works and coversclearing of land inside of the existing PNR ROW for the mainline ROW and new stations. Landrequired for depot in Mabalacat and new spur line to the depot is covered under the separateMabalacat City RAP for MCRP. Affected Persons outside PNR ROW are covered under aseparate RAP.
D. Proximity to Ancestral Domain and Certificate of No-Overlap
29. A Certificate of No-Overlap (CNO) was issued on September 19, 2018 by the NationalCommission for Indigenous Peoples (NCIP) to confirm that entire MCRP project area has no-overlap with the ancestral domain (with Certificate of Ancestral Domain Title No. 025-A) which isnear the proposed depot of the project. This was the result of the Field Based Investigation(FBI) conducted by NCIP on 29 August 2018 (Appendix 2).
E. Project Components
30. The MCRP will have the following components: main railway line; viaduct/bridgecrossings (rivers/highways); embankment at-grade; underground; depot, workshops andOperations Control Center (OCC); seven stations and related facilities; substations; drainage;maintenance base; construction yards (offices, laboratory, worker’s quarter, warehouse,fabrication yard, batching plant and segment casting yard); borrow pit/spoil disposal areas.
31. In the section covered by this RAP, the following project components are included: partof the main railway line; viaduct/bridge crossings (rivers/highways); maintenance bases; fourstations (Calumpit, Apalit, San Fernando and Angeles) and related facilities; substations; anddrainages, construction yards and spoils disposal facilities. The remainder of the chapter belowprovides details on the key works covered in the section covered by this RAP.
1. Main Railway Line (Malolos-Angeles)
32. The alignment covered by this RAP is 43.9 km long from Malolos to the border ofMabalacat City. The required ROW width of the railway track is 30 m all along the alignment.The track will consist of continuously welded rails that are directly fastened with elastic clipsonto the track for the viaduct or bridge sections. Table I -1 provides further details on the 43.9-kilometer section covered by this RAP. The MCRP alignment per LGU is shown in Figure I -1 to1.7.
Table I-1: Sections of the Main Railway Line in Between StationsSection Description
Malolos to Calumpit
This section starts from the end of the elevated Malolos Station of the NSCR. There will be two tracks for the entire length. The alignment requires a 30m ROW. There are residences between PNR ROW and MacArthur Highway running parallel on the east. On the west are also houses, while vacant area is dominant.
Calumpit to Apalit
This section features viaducts on a 30m wide ROW. The alignment is in a rural area except for some residential complexes around Calumpit Station and Apalit River. After passing Apalit River, where MacArthur Highway which is on embankment structure is close to PNR ROW, the alignment was shifted westward and passes outside PNR ROW, to minimize the interference to the highway embankment.
Apalit to San Fernando
This section features viaducts on 30m wide ROW. This section passes in a rural area and there are no substantial obstructive buildings except for the urban area beyond San Fernando Station. To avoid speed limit, a larger radius was considered in the curved alignment, taking a shortcut inward across the existing PNR ROW, creating additional land acquisition requirements.
San Fernandoto Angeles
This section is located in residential areas and passes through some densely populated segments. The width of PNR ROW in this section is approximately 13m only, which requires additional land acquisition. Considering surroundings such as residence, the additional land will be acquired to the west in the north of this section.
Angeles to Mabalacat City border
This section is located in a dense residential area, and the width of the existingPNR ROW is not wide enough, requiring additional land acquisition beside thealignment.The existing railway land at the south of the Mabalacat City borders is narrow. This location is surrounded by the Manuel A. Roxas Highway at north, hotels at west and dense residential area at east. Since the width of ROW is 10m only, theland acquisition is required to secure the required 30m width of ROW. The alignment affects the Santa Maria elementary school at east of the route, and theschool is to be relocated within the same Barangay.
Source: JICA Design Team (JDT)
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Figure I-1: Project ROW in Malolos
Source: JDT
Figure I-2: Project ROW in Calumpit
Source: JDT
Figure I-3: Project ROW in Apalit
Source: JDT
Figure I-4: Project ROW in Minalin
Source: JDT
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Figure I-5: Project ROW in Sto. Tomas
Source: JDT
Figure I-6: Project ROW in San Fernando
Source: JDT
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Figure I-7: Project ROW in Angeles
Source: JDT
33. Most of the MCRP will be constructed on viaducts, and PC girder will be used. Theviaduct has a typical 40 m span layout and approximately 10.30 m wide super structure. Thetypical viaduct structure is shown in Figure I -8 and Figure I -9.
Figure I-8: Viaduct Structure for Typical Section
Source: JDT
Figure I-9: Perspective of Typical Viaduct Structure
Source: JDT
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2. Bridge
34. Where crossings exceed the length of typical viaducts of 40 m, bridges will be built withinthe 30-meter ROW to cross rivers and infrastructure. The location of bridges at major crossingsand locations in the LGUs covered by this RAP are described below in Table I -2.
Table I-2: List of Span Layout of Viaducts and Bridges at Major CrossingsKilometrage5 Crossing Span Layout Structure Type
40+960 Angat River 40m+50m+40m
3 span continuous PC-Box Girder Bridge
43+200 Pampanga (Rio Grande) River
70m+90m+70m
3 span continuous PC-Box Girder Bridge
45+050 Sulipan Channel Flood Way
60m+90m+60m
3 span continuous PC-Box Girder Bridge
50+720 Malalam River (LourdesRiver)
60m+90m+60m
3 span continuous PC-Box Girder Bridge
53+320 Pambaling River 60m+90m+60m
3 span continuous PC-Box Girder Bridge
59+771 Jose Abad Santos Avenue
50m+70m+50m
3 span continuous PC-Box Girder Bridge
61+000 McArthur Highway 80m+140m+80m
3 span continuous Extradosed Bridge
70+025 Sapang Balen 50m+70m+50m
3 span continuous PC-Box Girder Bridge
74+005 McArthur Highway 55m Single span PC-Box Girder Bridge
76+160 Abacan River 60m+90m+60m
3 span continuous PC-Box Girder Bridge
77+845 Manuel A. Roxas Highway
70m+90m+70m
3 span continuous PC-Box Girder Bridge
Source: JDT
17. The whole section will be elevated, and there will be no embankment.
3. Station
18. There are four stations covered by this RAP: Calumpit station, Apalit station, SanFernando station and Angeles station. Malolos station will be constructed as part of the NSCRProject. The stations will adopt a universal design which will incorporate the barrier-freeguidelines of both Philippines and Japan for elderly, children, and persons with disabilities. Theproposed measure is to provide elevator and escalators, in addition to stairs for verticalmovement of passengers from streets to station platforms. All station will be equipped withplatform screen doors for passenger comfort and to prevent accidents due to unintended accessto the tracks.
5 The kilometrage indicates the distance from Solis Station.
35. Each station is also designed to be resilient to fire and any emergency that may occur inthe future. Stations are equipped with an evacuation plan and emergency facilities for safe andorderly evacuation to avoid fatalities and injuries among passengers during emergency.
36. Station Locations. The station locations and the distance between the stations of theMCRP are shown in Table I -3.
Table I-3: Station Location
Stations LocationKilometrageof the Center of Station
Inter-station Distance (km)
1 Calumpit Calumpit, Bulacan 41km 134m (41+134) 6.392 Apalit Apalit, Pampanga 46km 440m (46+440) 5.30
3 San FernandoSan Fernando, Pampanga
58km 595m (58+595)12.16
4 Angeles Angeles, Pampanga73km 655m (73+655)
15.04
Source: JDT
37. Calumpit Station. The station will be located about 1,500 m south from the old PNRstation and is a three-level station with two island platforms and four tracks. The station issituated in Barangay Iba O Este. Among the adjacent barangays are Barangays Balungao,Corazon, Poblacion, Sucol, Caniogan and Gatbuca. The land needed for the station is bothwithin the existing PNR ROW and on privately owned land. While the old Calumpit Station ofPNR is located within a larger amount of PNR ROW, it is surrounded by a dense residentialarea and MacArthur Highway is close to the east. This environment makes the future stationplaza planning difficult. A vacant lot located at 450m from the south of the old PNR station wasinitially considered as the new station location during Feasibility Study, but after furtherdiscussion with the LGU, the station was moved further south, closer to the Caniogan triangle,which the LGU is planning to develop in the close future. The current station location has theleast displacement impacts.
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Figure I-10: Location of Calumpit Station
Source: JDT
38. Apalit Station. The station location of the new Apalit station is at the same place wherethe old PNR station is located, at a certain distance from MacArthur Highway, where there arefew structures. The existing PNR ROW is large enough to host both a medium-sized commuterstation and station plaza, so it can be installed in the north and northeast side of the existingstation building and within the PNR ROW, without a large amount of land acquisition. Thestation is located in Barangay San Vicente, a barangay with residential and agricultural areas.
39. The station is located a few hundred meters from the Apalit-Macabebe-Masantol Road,which is a major thoroughfare connecting the three above stated municipalities. Thesurrounding areas include rice fields and private subdivisions. The area is also characterized bypatches of marshlands and swamps. The station location is roughly a kilometer westward fromthe main town center where the Apalit Public Market, provincial bus transport terminals, bankinginstitutions, and religious establishments are located. The neighboring towns of Macabebe andMasantol are also a short commute from the proposed station. The station will have two-levelwith two side platforms and two tracks. There is a crossing with the wide Macacebe-Mansantolroad at the north of the station.
Figure I-11: Location of Apalit Station
Source: JDT
24. San Fernando Station. The station is straddled within a highly built up area in BarangaySanto Nino, essentially in the vicinity of the old PNR station that has been converted into amuseum and historical center. The station is proximate to several notable establishments andinstitutions, such as a shopping center, tourism sites and churches. The station’s immediatesurroundings comprise mainly of residential homes with some small commercial establishmentslike water refilling stations, canteens, fast food, drugstores, mini marts and small serviceproviders. It will be a three-level station with two island type platforms and four tracks. It hasside tracks due to the long distance from Apalit Station as well as to Angeles Station. Despite itslocation in an urban area, most of the necessary PROW fits in the ROW owned by PNR. Toaccess the station, the existing road at the east can be utilized.
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Figure I-12: Location of San Fernando Station
Source: JDT
25. Angeles Station. The station location is straddled between Barangays Pulung Bulu andTabun, both of which are moderate to heavily built up areas located across MacArthur Highway.It comprises of private residential subdivisions, small commercial establishments, medicalfacilities, educational institutions, and automotive care centers. It is also adjacent to the La Pietamemorial Park. Its adjacent Barangays are San Jose, Santo Rosario, Santo Domingo,Salapungan and Capaya. The location is identified by the city government as one of the primarygrowth areas of the city. This station will have two island platforms and four tracks. The locationof the station is about 1500 m south from the old PNR Angeles station, where the width of theexisting PNR ROW is not sufficient and access to major roads is an issue. The location of thenew Angeles Station in a less populated area has good access to MacArthur Highway.
Figure I-13: Location of Angeles Station
Source: JDT
40. Station Type. Calumpit, San Fernando, and Angeles station are similar with two islandplatforms and are three-level elevated stations. Apalit station will have side platforms and is atwo-level station.
Table I-4: Station Type
Station Calumpit ApalitSan
FernandoAngeles
Platform TypeIsland3 level
(Elevated)
Side2 level
(Elevated)
Island3 level
(Elevated)
Island3 level
(Elevated)
Source: JDT.
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Figure I-14: Cross-section of Calumpit, San Fernando, Angeles Stations
Source: JDT.
Figure I-15: Cross-section of Apalit Station
Source: JDT.
4. Maintenance Base
41. For the Malolos-Angeles section, three maintenance bases located in thecities/municipalities of Calumpit, San Fernando and Angeles will be used as ramp access to theviaducts, allowing machines to go up and down for track maintenance. They will be used inorder to reduce the travel time from the depots for maintenance.
5. Substations
42. The sub-stations which will provide electricity for train operation are designed to belocated under viaducts and within the 30-meter PROW.
6. Utilities
43. Utility relocation associated with land clearance for the project is expected to utilizeexisting government owned easements where feasible. Utilities include overhead power linesand telephone lines. There are also underground and at grade utilities such as waterline anddrainage canals. A relocation plan for these utilities is being prepared and the schedule ofutilities relocation will commence after all AHs/APs are relocated.
44. In the event that public utilities relocation produces involuntary resettlement impacts,such as land acquisition or land clearance that displaces people using the land, then suchimpacts will be considered as impacts under the scope of this RAP. In such cases the sameentitlements as in the RAP will be applied to those affected. Should there be any unanticipatedutility relocation related to involuntary resettlement impacts, DOTr will prepare an addendum tothe RAP covering the impacts consistent with the principles and requirements set out in thisRAP and the Project Resettlement Framework. A due diligence report confirming application ofRAP principles and noting any implementation issues will be prepared by DOTr as part of theirinternal monitoring. That report can be included as an attachment to its regular monitoringreports to be submitted to JICA and ADB.
7. Construction Yard, Borrow Pit, and Spoil Disposal Area
45. The decision on the selection of construction yards, borrow pits, and spoil disposal areaswill be made by the contractor. The general consultant (GC)6 will oversee potential impacts andreport on them through monitoring reports, as specified in Chapter 13. If there are any potentialresettlement implications, the provisions included in the entitlement matrix in Chapter 5 will beapplied, and safeguard documents and plans will be prepared.
F. Comparison on Alternatives Without Project Option
46. Access from the suburbs to Metro Manila using public transportation is not sufficient tomeet the demand of all commuters. The northern part of Metro Manila up to CIA has nooperating railway, and residential areas are expanding without sufficient public transportation.Urgent measures are needed to ensure public transportation linking the northern part to MetroManila. Without a railway, sustainable growth of local industry will be hampered, trafficcongestion will continue to waste the time of commuters, and the environment of the area willdeteriorate further by the traffic congestion and air pollution. The without project option has littlemerit and viability.
G. ROW Alternative Option
47. For railway structures, alternative options for the following two types were considered:
(i) Elevated structure (viaduct)
(ii) Embankment structure
48. Results of Alternative Comparison. The result of the comparison of the above-mentioned alternatives are shown below. For sections where the railway crosses with arterialroads or flood prone areas, viaduct was recommended.
6 General consultant is the term used for the consultant providing consulting services during the projectimplementation phase.
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Table I-5: Comparison of MCRP Structural Type
Elevated Structure Option Embankment Structure Option
Appearance10.3m
15~20m
MCR
10.3m
15~20m
地盤改良
MCR
Social Environment
Land Acquisition A: The necessary ROW is the narrowestB: Wider ROW is necessary than elevated structure for the amelioration of the soil
Affected Households
B: Resettlement of PAPs within the ROW is necessary
B: Resettlement of PAPs within the ROW is necessary
ROWA The necessary ROW between stations is 30m, and 60m at station
B: The necessary ROW between stations exceeds 30m due to area of amelioration of the soil, and 60m at station
Dividing of local community
B: Minor impact of community divisionC: Significant impact of community division
Natural Environment
BiodiversityB: Less impact than embankment option is expected
C: Significant impact is expected
Flooding RisksA: As it is an elevated structure, the tracks will not be submerged in case of flooding
C: As the embankment will act as a dam, additional drainage will be necessary to minimize flooding
Pollution Prevention
NoiseB: Noise will be generated along the railway, but the impact can be mitigated by installing the noise barrier.
B: Noise will be generated along the railway, but the impact can be mitigated by installing the noise barrier
Air Pollution
B: The operation of construction machinery and vehicles during construction is expected to generate air pollution
B: There will be many vehicles loading embankment material during construction and air pollution is expected
Water Pollution A: Limited impact A: Limited impact
Ground Subsidence
A: No ground subsidenceC: There is risk of land subsidence in case of soft ground
Engineering
Construction A: Not difficult A: Not difficult
Elevated Structure Option Embankment Structure Option
Difficulty
Construction Period
B: Long B: Long as soil improvement is necessary
Construction Cost
A: Lower cost than underground A: Same as elevated structure as soil improvement is necessary
Operation /Maintenance
A: Maintenance and cost is less than embankment structure
C: Maintenance and cost is the lowest, but in case of ground subsidence or condition change, reparation is very difficult
Disaster Prevention
B: Relatively safe A: Relatively safe and measures are easycompared to Option A.
Earthquake A: Seismic design is applied A: Seismic design is applied
View from the Windows
A: Good A: Good
Landscape views towards
B: Being elevated structure makes more open than embankment structure, but the design needs to consider integration to the surrounding landscape
C: Embankment make feels more obstructed than elevated structure, the design needs to consider integration to the surrounding landscape
Physical Conditions
B: Minor impact to the road C: Minor impact to the road
Evaluation
A. Less dividing of local community, biodiversity and flooding risks are less. Impact on landscape and existing roads is smaller than embankments and it is themost suitable structure
B. It has advantages over viaducts on disaster prevention, but the impacts on community dividing, biodiversity, flooding risks, landscape and existing roads are greater and there are fewer merits compared to elevated structure
A: Excellent, B: Good, C: PoorSource: JDT
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II. CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT
49. This chapter presents information on losses associated with land recovery andrequisition of the right-of-way (ROW) of the Philippine National Railways (PNR) and othergovernment properties and land acquisition of private lands which are occupied by non-landowners (NLOs). Land acquisition of private lands, however, is not a part of this resettlementaction plan (RAP) and is covered by a separate RAP for landowners of the same geographicalcoverage. 50. This RAP is for NLOs residing in the PNR ROW and other government properties andthose occupying private lands with or without formal agreements from private landowners. AllNLOs covered by this RAP shall be provided with compensation and project assistance asoutlined in the entitlement matrix such as relocation and transitional assistance.
A. Methodology to Assess Impacts
51. A detailed measurement survey (DMS), as-built survey, and parcellary survey wereconducted to identify affected parcels of PNR and other government properties to be utilized forthe project and structures therein. Each structure was tagged and measured, and materialsused were determined to accurately establish replacement costs. A research on the currentmarket value of trees and crops, construction materials, labor cost was carried out to preparethe bill of quantities (BOQ).
52. The first survey was conducted between May and June of 2018 for the feasibility study(FS) phase, while another survey was conducted in January 2019 for the detailed design (DD)phase in areas where there was a change in the PROW. 53. Field surveys were accompanied by surveys of affected households (AHs) andbusinesses using several types of forms. A household survey form was used to take householdlevel data of all affected families living within affected land, which was delineated by theparcellary survey. Business/institution forms were used to record information on affectedbusinesses within the PROW including, but not limited to type and size of business, gross andnet monthly income, tenure of occupancy, and employee information. Also, the project`saffected person (AP) or AH validation form was used to gather updated data and circumstancesof APs and AHs after the socio-economic survey (SES). This includes among others actualoccupancy of structures, status of micro-business activities and recording their currentcircumstances. One of its uses is the final list of all AH/APs entitled to compensation andassistance stated in the entitlement matrix. 54. All AHs and businesses (including their declared employees) were covered in the DMS.All affected households and businesses were covered by the SES except 534 informal settlerhouseholds who declined to be interviewed.7
H. Cut-off Date
55. Prior to the start of census and survey activities, the potential APs and affectedbusinesses and establishments were informed during the first round of stakeholder consultation
7 The 534 AHs are eligible for project`s entitlements since they were present during the cut-off dates. Ongoingefforts are being made by DOTr to survey these households and ascertain their resettlement assistancepreferences.
meetings (SCMs) about the policy on cut-off date to prevent the influx of non-residents whomight take advantage of project entitlements. This means that those who move into the projectarea or build structures on government or private lands without permission after the cut-off dateare no longer eligible for compensation. The cut-off dates for eligibility for receivingcompensation due to the project were determined during the FS phase while new cut-off dateswere set in areas where there was a change in alignment at the DD phase.
56. The cut-off date for the respective areas covered under the RAP, other than forlandowners, are set out in Table II -6.
Table II-6: Cut-off DateProvince/City/Municipality
Barangay Cut-off Date(First Day of Census &Tagging)
BulacanMalolos Bulihan December 28, 2018
Longos February 26, 2018CALUMPIT Pio Cruzcosa December 3, 2018
San Marcos December 3, 2018Calumpang December 3, 2018Iba Este December 3, 2018Palimbang December 5, 2018Iba O'Este December 6, 2018Balungao December 7, 2018Corazon December 6, 2018Poblacion December 10, 2018Gatbuca Putol February 28, 2018
PampangaApalit Sulipan February 28, 2018
San Vicente February 28, 2018Minalin Lourdes October 31, 2018Sto. Tomas Poblacion November 7, 2018
San Matias November 7, 2018Sapa (Sto. Nino) November 7, 2018Moras Dela Pas November 7, 2018
San Fernando San Nicholas November 15, 2018San Pedro Cutud November 16, 2018Sta. Lucia November 16, 2018Sto. Nino November 26, 2018Lourdes November 26, 2018Dolores January 2, 2019San Agustin November 28, 2018Quebiauan November 14, 2018Maimpis March 13, 2018Sindalan November 9, 2018Malpitic March 08, 2018Calulut November 24, 2018Baliti November 24, 2018Panipuan November 24, 2018Pulung Bulu November 13, 2018Sapang Balen & Pulong Bulo July 10, 2019
Angeles Pulung Bulu November 27, 2018Santo Cristo November 21, 2018
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Province/City/Municipality
Barangay Cut-off Date(First Day of Census &Tagging)
Lourdes Sur November 20, 2018Lourdes Sur East November 20, 2018Agapito Del Rosario November 22, 2018Claro M. Recto November 22, 2018Santa Teresita November 22, 2018Malabanas November 23, 2018Balibago November 23, 2018Balibago (76 km 900 m~78 km 100 m) July 25, 2019
Source: JICA Design Team (JDT)
I. Overview of Affected Land and Resettlement Impacts
57. Table II -8 shows that a total of 1,567,543 square meters (m2) of government andprivate lands will need to be recovered and cleared for the PROW, 866,026 m2 of which is thePNR-owned land, 10,951 m2 land owned by other government entities, and 690,566 m2
privately-owned land. The acquisition of private lands, however, is not included in this RAP butin a separate RAP for landowners. However, NLOs/ISFs in the private lands in the proposedproject site are covered by this RAP.
58. There is a total of 2,977 households affected (AHs) by the land clearing comprising:2,744 households losing their place of residence, 104 losing stand-alone businesses, and 129employees displaced from affected businesses. Other impacts are included amongst these2,977 such as loss of businesses operated from affected places of residence and loss ofsecondary structures and crops. All losses are severe. The location of AHs by main type of lossis set out below.
Table II-7: Summary of Affected Households by Main Type of Loss
LGU
Owner-Occupiersof Affected
Houses
Stand-alone
Business
Employeesof AffectedBusinesses
Total AHs
Malolos 77 2 5 84
Calumpit 524 43 57 624
Apalit 134 6 0 140
Minalin 5 0 0 5
Sto. Tomas 47 2 6 55
San Fernando
1,231 18 451,294
Angeles 726 33 16 775
Total 2,744 104 129 2,977
59. Affected persons were identified through the DMS survey. These surveys generated atotal of 1,382 structure owner households, 476 renters/lessees households, and 468 rent-freeoccupants and house sharers and caretakers. Further, there are 1,418 structures with varioususes, i.e., residential, commercial, both residential and commercial as well as institutional,
community, and associated structures such as sheds, toilets, and fences that will be affected bythe project.
60. Impacts will include full displacement of 2,744 AHs/APs consisting of residentialstructure owners, renters, rent-free occupants/sharers, and caretakers who will lose residence.There are 542 affected micro-businesses owned/operated by NLOs either as stand-alonebusinesses or associated with affected residences. Around 712 business owners, employees,and workers will have impacts on their livelihood, either severely or marginally due to physicaldisplacement. Some 1,288 vulnerable households will also experience physical and livelihooddisplacement. A summary of the impacts is presented below.
Table II-8: Summary of ImpactsAffected Item Scale of Impacts
Land requirement (no land acquisition) 1,567,543 square meters (m2)
- PNR (for requisition and recovery) 866,026 m2
- Other government land (for requisition and recovery) 10,951 m2
- Private land (acquisition is not covered by this RAP and included in a separate RAP for Landowners)
690,566 m2
Affected residence 2,744 AHs
- Surveyed/interviewed 2,210 AHs
- Refused interviews/out during survey 534 AHs
Structure owners 1,382 AHs
- Primary residence owners 747 AHs
- Secondary residence owners 214 AHs
- Owners of structures used for multiple purposes (e.g., residential and business, business only, and institutional purposes)
421 AHs
Renters 476 AHs
Rent-free occupants/sharers/caretakers 468 AHs
Affected structures 1,418 items
- Residential 984 items
- Residential-commercial 355 items
- Commercial 30 items
- Institutional and community facilities and government establishments 24 items
- Associated structures such as storage, toilets and fences 25 items
Affected business/livelihood 542 AHs
- Farming (poultry-raising and fowl/bird breeding) 2 AHs
- Micro-businesses (to include home-based enterprises and houses/rooms being rent out by NLOs)
540 AHs
Affected employees/workers/employees 712 APs
- Wage-based workers who lose jobs from affected businesses 129 APs
- Wage-based workers who are employed outside the ROW and willneed transportation allowances
292 APs
- Home-based business owners 291 APs
Vulnerable households 1,288 AHsSource: DOTr, JDT
J. Severity of Impacts
61. Table II -9 shows the severity of impacts by the type of impact. Around 54% of affectedstructures are used for a primary residence purpose, 25% used for both residence and businesspurposes, 16% used as secondary residence where occupants have another house elsewhere,
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and the remaining 5% used for business, institutional and community, and associatedstructures. Some 24 community, institutional, religious, government, and cultural heritagestructures will be affected. Structures that will be demolished/dismantled include acommunity/school shed, tricycle passenger pickup points/terminal, waiting sheds, religiouschapels, daycare centers, and a school. Three buildings classified as heritage structures withtwo associated structures are marginally affected. The PNR shall adhere to the restoration andprotection protocols as prescribed in the guidelines of the country’s National Cultural HeritageAct (RA 10066). The remaining bigger portion of the cultural heritage property is incorporatedinto the overall landscaping design of the proposed railways station. For severely affectedcommunity facilities, they will be re-established at the relocation sites that the National HousingAuthority (NHA) will build for AHs.
62. As for AHs, 1,376 out of 1,382 affected structure owners will be severely affected by theproject due to physical displacement and/or economic displacement causing income loss. AHswho do not have any other residence except the house they occupy within the PROW or whouse their structures as both residence and shop are impacted severely. Likewise, most ofinstitutional, community, government, and associated structure owners albeit its smallernumbers will face severe physical displacement. 63. All of the 542 APs losing livelihood will experience severe negative impacts on theirvarious type of businesses including home-based enterprises and space rental business. Anestimated 129 workers will lose jobs due to loss of businesses located in the PROW, while 292workers who work in close proximity to where they currently live are expected to travelconsiderably longer distances to the place of work from the respective project resettlementsites.8 Some 400 owners of 4,716 trees and crops will also be severely affected since trees andcrops are grown right in their backyards and most of the crops are for personal consumption ofthe AHs.
Table II-9: Severity of ImpactsType of Impacts No. of Affected
StructuresScale of Impacts(AHs/APs)
No. % Severe Marginal Total Loss of StructureTotal 1,418 100 1,376 6 1,382 Loss of residential
structure984 70 961 - 961
- Primary use 762 54 747 - 747- Secondary use 222 16 214 - 214
Residential-commercialstructures
355 25 347 - 347
Commercial structures 30 2 29 - 29 Institutional and
community structures24 1 14 6 20
Associated structures 25 2 25 - 25Loss of Livelihood Loss of business - - 542 - 542
- Micro-Business - - 104 - 104- Residence cumbusiness/home-basedenterprise loss
- - 291 - 291
- Business from renting - - 147 - 147
8 See chapter 8 for further assessment on changes in commuting distances to places of employment post-resettlement.
Type of Impacts No. of AffectedStructures
Scale of Impacts(AHs/APs)
No. % Severe Marginal Total out house/room loss
APs whose jobs areaffected
- - 129 APs(workers/employeeslosing jobsfromaffectedbusinessesin thePROW)
292 APs(householdmemberswho workoutsidetheirresidencesand wouldneedtransportationallowances)
421
Loss of Trees and Crops4,716fruitbearingandtimbertrees
400 ownerAPs
400 ownerAPs
Source: DOTr
K. Affected Land
64. The total PROW is 1,567,543 m2, 876,977 m2 of which is owned by the PNR and othergovernment entities. The biggest land to be requisitioned is in San Fernando with 613,592 m2
(39%), followed by Angeles with 212,784 m2 (around 14%), and Calumpit with 202,231 m2
(almost 13%). Table II -10 presents the total affected land mostly from PNR properties. Some690,566 m2 of the land from private landowners will be acquired and will be covered in aseparate RAP for landowners. However, NLOs losing housing or residence on private land areincluded in this RAP but all other impacts associated with land acquisition or clearing of privatelyowned land (such as business renting space and farmers on private land who do not own theland) is covered in the LO RAP.
Table II-10: Affected Total Project ROW Land Area (m2)Affected Land Malolos Calumpit Apalit Minalin Sto.
TomasSan
FernandoAngeles Total
PNR/RP-Owned Land
(m2) 124,482 61,550 118,361 81,413 100,918 264,293 115,009 866,026(%) 7.94 3.93 7.55 5.19 6.44 16.86 7.34 55.25
Other Government-Owned Land
(m2) 948 400 0 0 0 8,119 1,484 10,951(%) 0.06 0.03 0.00 0.00 0.00 0.52 0.09 0.70
*Privately-Owned Land
(m2) 22,182 140,281 46,149 29,945 14,178 341,540 96,291 690,566(%) 1.42 8.95 2.94 1.91 0.90 21.79 6.14 44.05
Total Project Right-of-Way
(m2) 147,612 202,231 164,510 111,358 115,096 613,952 212,784 1,567,543(%) 9.42 12.90 10.49 7.10 7.34 39.17 13.57 100.00
* Covered in the separate Landowner RAP; Source: JDT
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L. Affected Structures
65. A total of 1,418 structures will be affected from Malolos to Angeles. Of this number,1,339 of the structures are classified as residential; 30 are commercial; 24 are communitystructures, institutional/government structures; and 25 are associated structures. Primaryresidential structures (762) are permanently and continuously being occupied by residing houseowners while the 222 residential structures are being occupied temporarily by the owners whichserve as their secondary homes. Associated structures include secondary structures such asgarage, storage, toilet, fence, etc. All structures will be affected and will be compensated at fullreplacement cost at current market price, and various types of project assistance will likewise beextended.
Table II-11: Types of Affected Structures
Structure Type Number
Residential
- Primary residence 762
- Secondary residence 222
Residential-Commercial 355
Commercial 30
Institutional and Community Facilities 24
Associated structures 25
Total 1,418
66. Location of Structure. Of the 1,418 affected structures, 36% (507) are on the PNR-owned land, 13% (188) are on other government-owned land, and 51% (723) are in the privatelyowned lands. Table II -12 presents the location of these affected structures.
Table II-12: Location of Affected Structures LGU PNR-owned Other Government Private Land Total
Land LandMalolos 30 0 9 39Calumpit 216 45 28 289Apalit 31 31 45 107Minalin 1 0 1 2Sto.Tomas 4 0 22 26San Fernando 140 64 425 629Angeles 85 48 193 326
Total 507 188 723 1,418% 36 13 51 100
Source: JDT
M. Affected Households
67. There are 2,744 AHs affected by the project, however, only 2,210 households have beenidentified and interviewed for the SES. The remaining 534 AHs, although, they declined theinterview and/or were out during the survey will still be included in the entitlements since theywere present during the cut-off dates. Table II -13 shows the location of these AHs per LGU.
Table II-13: Location of Households with Affected ResidenceLGU Surveyed/
Interviewed Not Surveyed/
Interviewed Total
Malolos 56 21 77Calumpit 356 168 524Apalit 120 14 134Minalin 5 0 5Sto.Tomas 38 9 47San Fernando 1,008 223 1,231Angeles 627 99 726
Total 2,210 534 2,744
68. Structure owners compose a majority or 57% of the AHs, followed by 22% renters, 20%rent-free occupants and sharers, and 1% caretakers. Most respondent AHs are from SanFernando (1,008), Angeles (627), and Calumpit (356). Minalin has the smallest number of AHswith only 5. Table II -14 presents the tenure status of AHs surveyed.
Table II-14: Tenure Status of Affected HouseholdsLGU Owner Renter Rent-free
Occupant/SharerCaretaker Total
Malolos 27 17 9 3 56Calumpit 232 59 62 3 356Apalit 96 14 9 1 120Minalin 2 0 1 2 5Sto.Tomas 24 3 11 0 38San Fernando 558 202 234 14 1,008Angeles 327 181 116 3 627
Total 1,266 476 442 26 2,210% 57% 22% 20% 1% 100%
N. Affected Trees and Crops
69. A total of 4,716 trees and crops were found to be located on the affected land owned bythe PNR and other government entities. There are 1,874 fruit-bearing trees, 2,807 timber trees,
XLVII
and 35 other trees and crops. Most of affected trees are located in Calumpit (2,014), and SanFernando (1,402), where the biggest land for the project will be requisitioned. The backyardgrown trees are planted and owned by some 400 APs as shown in Table II -15 and Table II -16.
Table II-15: Type of Affected Crops and Trees
LGU Fruit-bearingTree
Timber Tree Other Treesand Crop
Total
Malolos 52 299 0 351
Calumpit 893 1,112 9 2,014
Apalit 136 103 2 241
Minalin 43 198 1 242
Sto. Tomas 9 0 0 9
San Fernando 578 805 19 1,402
Angeles 163 290 4 457
Total 1,874 2,807 35 4,716
Source: JDT
Table II-16: Resident Structure Owners Losing Trees and Crops
Indicator Malolos Calumpit Apalit Minalin Sto.Tomas
SanFernando
Angeles Total
Losing backyardgrown non-timber/fruit trees
10 97 43 2 6 140 78 376
Losing backyardcrops
0 5 2 0 1 6 10 24
Total
10 102 45 2 7 146 88 400
Indicator Malolos Calumpit Apalit Minalin Sto.Tomas
SanFernando
Angeles Total
Source: JDT
O. Impact on Livelihood
70. This RAP covers livelihood impacts of 542 APs. These include (i) 104 stand-alonebusiness owners, (ii) 291 home-based micro-businesses, (iii) 147 renting out houses/rooms.There are 129 employees/workers of the affected micro-businesses who will lose theiremployment and 292 household members working outside their residence who will experiencesignificantly longer commuting times to their places of employment post-resettlement. Table II -17 presents the project`s impacts on livelihood.
Table II-17: Impacts on Farming, Micro-business, and Employees
Type ofBusiness
Malolos Calumpit Apalit Minalin Sto.Tomas
SanFernando
Angeles Total
Total No. ofBusinesses
20 106 30 0 6 230 150 542
Stand-alonebusiness
2 42 7 0 2 18 33 104
Home-basedenterprise
15 49 17 0 4 126 80 291
Rent-outroom/house
3 15 6 0 0 86 37 147
Employees ofaffectedbusinesses
5 57 0 0 6 45 16 129
Otheremployees/workers(householdmembersworking outsidetheir residences)experiencingsignificantlylongercommutingdistances
19 96 20 0 0 145 12 292
Source: JDT
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71. The majority of the 104 affected stand-alone businesses operating within the PROWinvolve trading and retailing of fruits and vegetables, sari-sari stores, and food services. Table II-18 presents the type of affected micro-businesses.
Table II-18: Type of Business ActivitiesType of Business No. of Owners
Bakery 1
Billiards 1
Catering 1
Commercial space/unit rental 3
Curtain-making 1
Furniture shop 1
Gardening products 1
Computer and repair shop 11
House/room rental 14
Junk shop 2
Manufacturing 5
Personal services (barber shop, laundry shop, pump services, etc.) 12
Restaurant/fast food/eatery 13
School for exceptional children 1
Service contracting 2
Trading/retailing (vegetables, fruit, and food vending, sari-sari stores, general merchandise)
32
Wood furniture-making 1
Ornamental plants selling 1
Game fowl raising 1
Total 104Source: JDT
72. Home-based enterprises include mainly sari-sari store, home-cooked food catering andvending, furniture making, vegetables, meat and poultry store, souvenir items and home-crafts.There are also APs earning income from renting out spaces in their houses. They are non-landowners and they also occupy the same house where some spaces are rented out. Thesurveys indicated that renting a room or bed is a significant source of additional incomeparticularly in LGUs that have high demand for rental facilities needed by workers from othertowns of Pampanga, Bataan and Zambales whose houses are quite far from their workplace.Stand-alone businesses, home-based enterprises and livelihoods involving room/house rentalsare discussed further in Chapter 3.
P. Vulnerability
73. Vulnerable households under this RAP include (i) underprivileged households whoseincome fall below the regional poverty threshold9; (ii) solo parents with dependents (children andelderly family members aged 60 years old and above); (iii) households headed by the elderly;and (iv) households with member who has disability.
9 Regional poverty threshold is PhP11,230.83 for a household with five members to meet basic food and other non-foodrequirements. Source: Philippine Statistics Authority: Updated 2015 and 2018 Full Year Official Poverty Statistics Reference No.:2020-094; Release Date: 04 June 2020
74. Some 1,288 vulnerable AHs identified will be displaced from their houses and home-based livelihood sources.10 Table II -19 describes types of vulnerability and their numbers perLGU.
Table II-19: Vulnerable Households Indicator Malolos Calumpit Apalit Minalin Sto.
TomasSan
FernandoAngeles Total
Below poverty threshold
8 89 36 3 7 322 142 607
Solo parents with dependents
4 27 15 1 2 133 104 286
Headed by the elderly
5 87 21 2 2 120 91 328
With a family member who has disability
3 15 7 0 1 21 20 67
Total 20 218 79 6 12 596 357 1,288
% 2% 17% 6% 0% 1% 46% 28% 100%Source: JDT
Q. Loss of Institutional, Community Property and Public Facilities11
75. Community and institutional property include all assets for social services andcommunity uses. All of the 24 structures owned by 20 APs/entities are within the PROW on thePNR-owned lands and other government lands. There are seven community structures, tworeligious structures, seven government establishments, and five cultural heritage structures withassociated structures in Calumpit, San Fernando, and Angeles. For government facilities, thereis a school in Apalit and a school fence and a utility room in Sto. Tomas. The list of affectedfacilities and establishments is presented in Table II -20 and Table II -21.
Table II-20: Locations of Community Structures, Institutional and GovernmentFacilities and Establishments
LGU CommunityStructure
ReligiousStructure
CulturalHeritageStructure
GovernmentEstablishments/ Facilities
Total
Calumpit 4 0 1 1 6Apalit 0 0 0 1 1Sto. Tomas 0 0 0 2 2San Fernando 0 1 3 1 5Angeles 3 1 1 5 10Total 7 2 5 10 24
Source: JDT
Table II-21: List of Affected Community Property FacilitiesNo. LGU Barangay Affected Community Facility Classification1 Calumpit Iba O' Este Barangay outpost Community
10 DOTr’s follow-up activities to survey those who previously declined to be interviewed will include vulnerabilityassessments with numbers of vulnerable AHs to be updated accordingly
11 Community facilities located within private lands are included in the RAP for Landowners of the same study area.
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No. LGU Barangay Affected Community Facility Classification2 Calumpit Iba O' Este Barangay outpost school shed Community 3 Calumpit Gatbuca Tricycle terminal Community 4 Calumpit Gatbuca Sitio Balon daycare center Government 5 Calumpit Balungao TODA tricycle terminal Community6 Calumpit Balungao Old PNR station Cultural and heritage7 Apalit San Vicente School Government 8 Sto. Tomas Sapa (Sto. Nino) Matinian School (two
structures: storage, fence and toilet)
Government
9 San Fernando Sto. Niño Chapel Religious10 San Fernando San Nicolas Barangay property (Nipa Hut) Government11 San Fernando Sto. Niño PNR property (Gallery with two
associated structures)Cultural and heritage
12 Angeles Lourdes Sur Barangay Lourdes chapel/daycare center
Government
13 Angeles Agapito Del Rosario Old PNR Station with shed Cultural and heritage14 Angeles Claro M. Recto School Government15 Angeles Malabanias Church Religious16 Angeles Malabanias Angeles city police station 6 Government17 Angeles Balibago ARPTODA terminal Community18 Angeles Balibago Sta Maria waiting shed Community19 Angeles Balibago Clark Development Corp. (two
structures)Government
20 Angeles Balibago Ajoda office CommunitySource: JDT
R. Impacts Associated with Utility Relocation
76. A number of utilities will be required to be relocated from the project affected areascovered under this RAP. These utilities consist of water pipes, electrical posts,telecommunication lines, as well as high-voltage power lines. Relocation of the utilities areexpected to be relatively simple and be relocated within existing Government easements. Thiswill be finally assessed and addressed as required during implementation.
77. In the event that public utilities relocation produces involuntary resettlement impacts,then such impacts will be considered as impacts under the scope of RAP. In such cases thesame entitlements as in the RAP will be applied to those affected.
78. All relocation of utilities will be undertaken by the utility owners. DOTr will takeresponsibility for the provision of compensation and assistance to those affected in the event ofutility relocation causing impacts. Relocation of utilities will be undertaken in coordination withrespective utility providers and/or government entities. DOTr will coordinate closely to ensurethat impacts are avoided or otherwise mitigated and compensated in accordance with theprovisions of this RAP. Application of this requirement will be monitored and reported under theRAP monitoring arrangements. (See Section I of Chapter 11 for further details.)
III. CHAPTER 3: SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS
79. This chapter describes the socio-economic profile of affected persons (APs) based onsurvey outcomes carried out for the Malolos-Clark Railway Project (MCRP). The description ofthe socio-economic profiles is divided into two parts: (i) socio-economic profile of APs losingmain structures and (ii) socio-economic profile of micro-business owners, farmers, andemployees.
A. Socio-Economic Survey Overview
1. Purpose of the survey
80. The following were the main purpose of conducting the socio-economic survey (SES):
(i) Determine impacts, losses, and the socio-economic profile of APs including theirsocio-demographic characteristics, tenure status, livelihood sources, economicstatus and/or living standards, and their access to basic services and facilities toupdate the preparation of the resettlement action plan (RAP);
(ii) Identify and assess the vulnerability of APs, to further impoverishment; and
(iii) Establish baseline data of APs for measuring social impacts of the project.
2. Survey Methodology
81. Prior to the survey, consultation meetings with the APs were conducted to explain theproject details and resettlement planning activities including the survey process. Themeetings were followed by the census of APs and tagging of structures with stickers withindelineated project right-of-way (PROW). In case that APs refuse their structures to betagged, tag numbers were assigned. Interviews were administered by trained enumerators.Verbal and written consents were gained from owners and occupants to conduct interviewswith them as manifested by their signatures at the bottom of survey forms.
82. The survey covered all APs in the given alignment, and those available at the time of thesurveys12. Responses were taken in three separate forms that corresponded to main categoriesof respondents, namely, (i) households, (ii) business owners, and (iii) those engaged inagriculture/aquaculture. Two additional forms were also used to gather more information onbusiness and agriculture. The forms include the following:
(i) Household Survey Form. The form is designed to obtain data from all affectedhouseholds (AHs) living within the PROW which was delineated through a parcellarysurvey. This form recorded data on the households’ socio-demographiccharacteristics, tenure status, monthly income, and expenditure, living condition, andresidency; the design of the survey instrument allowed disaggregation of data bygender and age.
(iv) Business/Institution Form. This form is designed to capture information on theaffected businesses within the PROW including but not limited to type and size ofbusiness, gross and net monthly income, tenure of occupancy, and employeeinformation.
12 All households, businesses, and those engaged in agriculture/aquaculture who do not own affected lands wereinterviewed.
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(v) Agriculture/Aquaculture Form. The form was used to identify APs who areutilizing affected lands for agriculture/aquaculture purposes.
(vi) Project-Affected Person Validation Form. It was used to gather data of APs afterthe SES. This includes actual occupancy of structures, the status of micro-businessactivities, and records of their current circumstances.
(vii) Supplementary Validation Form. It is a subset of the SES that was conducted tocollect supplement information previously gathered through business andagriculture. For the supplementary survey, a blended method of face-to-faceinterviews and phone/mobile calls were adopted due to movement restrictionsimposed by the authorities concerned in observance of safety protocols ofpreventing the spread of COVID-19.
3. Schedule
83. The first survey was conducted between March and June in 2018 during the feasibilitystudy (FS) phase. Another survey was conducted from January to August 2019 during thedetailed design (DD) phase in areas where there was a change in the right-of-way (ROW). Anadditional validation survey was conducted from January to February 2020 to verify the status ofoccupancy of households included in the list of APs generated through the SES. Asupplementary survey for business owners and farmers was separately conducted in May andJune 2020.
4. Overview of the Survey Respondents
84. The household-level SES in Malolos to Angeles covered 2,210 AHs losingproperties/businesses (houses and other structures, micro-businesses) and trees and cropscovering 9,049 persons. The number of AHs per LGU is as follows: (i) Malolos: 56 AHs, (ii)Calumpit: 356 AHs, (iii) Apalit: 120 AHs, (iv) Minalin: 5 AHs, (v) Sto. Tomas: 38 AHs, (vi) SanFernando: 1,008 AHs, and (vii) Angeles: 627 AHs.
B. Profile of Affected Resident Households
85. This section outlines the results of the survey of households with affected residences.The data is disaggregated by gender, vulnerability, and other social grouping for those whowere surveyed using the household survey form. A household, for the purpose of this RAP, isdefined as one or more persons who live in the same dwelling, share meals or livingaccommodations, and may consist of a single family or some other group of people. A singledwelling will be considered to contain multiple households if meal preparation is not shared.
1. Household Demographics
86. The survey identified a total of 2,210 AHs who do not own the land they occupy. Thebiggest number of AHs are in San Fernando with 1,008 AHs, followed by Angeles with 627 AHs,Calumpit with 356 AHs, and Apalit with 120 AHs. The number of AHs is relatively smaller inMalolos (56 AHs), Sto. Tomas (38 AHs), and Minalin (5 AHs). By gender, there are slightly moremales (4,622) than females (4,427) among AH members. The AH size is 4.1 members perhousehold on average. Only Apalit records a higher AH size, an average of 4.7 members perhousehold. Table III -22 shows the figures discussed:
Table III-22: Number of Affected Households and Members by GenderLGU Household Household Member Average
HouseholdSize
No. % Male % Female
% Total %
Malolos 56 3 126 1 96 1 222 2 4.0
Calumpit 356 16 710 8 721 8 1,431 16 4.0
Apalit 120 5 297 3 263 3 560 6 4.7
Minalin 5 0 11 0 11 0 22 0 4.4
Sto. Tomas 38 2 82 1 73 1 155 2 4.1 San Fernando
1,008 46 2,145 24 2,008 22 4,153 46 4.1
Angeles 627 28 1,251 14 1,255 14 2,506 28 4.0
Total 2,210 100 4,622 51 4,427 49 9,049 100 4.1 Source: JDT
87. Age Distribution. In Table III -23 a majority of AH members belong to the workinggroup aged 21 to 40 (35%) and 41 to 60 (17%). The elderly aged above 60 comprises 6% of AHmembers while young dependents are about 42%. The school-age AH members aged 7 to 20account for 28%. The data suggests that the significant number of school-aged children andyouth shall need assistance in transferring to schools when relocated. Prior coordination isneeded from receiving LGUs and schools (for elementary and secondary levels) in prospectiverelocation sites to ensure that the capacity of receiving schools is sufficient to accept newstudents. College-level students should likewise be provided with advice on tertiary schoolslocated near relocation sites.
Table III-23: Age Distribution of Affected Household Members by GenderAge Distribution Affected Household Member
Male % Female % Total %6 or less 735 8 560 6 1,295 147-12 582 6 538 6 1,120 1213-16 327 4 332 4 659 817-20 322 4 373 4 695 821-40 1,590 17 1,560 18 3,150 3541-60 808 9 732 8 1,540 17Above 60 242 3 312 3 554 6No response 16 1 20 0 36 0
Total 4,622 51 4,427 49 9,049 100 Source: JDT
88. Educational Attainment. Table III -24 indicates that 89% of AH members reached avarying level of formal education. More than a third or 39% reached high school, 25%elementary school, 10% college graduates, while 9% attained college-level education. Anumber have either not gone to school (9%) or not of school age (1%). The data shows thatproportionally more females (90%) attained formal education in different (also higher) levelscompared to males (88%). This augurs well for higher paying job opportunities in the future forwomenfolk if their interests in study are sustained.
Table III-24: Educational Attainment of Affected Household MembersEducational Attainment Affected Household Member
Male % Female % Total %Pre-school 194 2 121 1 315 3
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Educational Attainment Affected Household MemberMale % Female % Total %
Elementary school 1,138 13 1,074 12 2,212 25High school 1,743 19 1,783 20 3,526 39Vocational/technical 168 2 112 1 280 3College 389 4 409 5 798 9College graduate 399 5 467 5 866 10Advanced degree 12 0 13 0 25 0Special education 2 0 6 0 8 0
Sub-total 4,045 45 3,985 44 8,032 89% to Total 88 90
None 488 5 363 4 851 9Not of school age 77 1 69 1 146 1No response 12 0 10 0 22 1
Total 4,622 51 4,427 49 9,049 100 Source: JDT
89. Ethnolinguistic Affiliation. Kapampangans, or those who originated from PampangaProvince and use the Kapampangan (Pampango) dialect, comprise 46% of APs. Tagalog, thesecond biggest ethnolinguistic group in the Philippines, which predominates Manila, southeastern part of Central Luzon, Southern Luzon, and the coastal parts of Mindoro Island,accounts for 28% of APs. Filipino, which is largely based on Tagalog is the official nationallanguage of the Philippines and is taught as a subject in schools throughout the country. Thosehaving mixed ethnolinguistic affiliations account for 13%, while the rest identify themselves asIlocano, Bicolano, Cebuano, or Ilonggo. Table III -25 shows the details.
Table III-25: Ethnolinguistic Affiliation of Affected PersonsEthnolinguistic
GroupMale Female Total
Person % Person % Person %Tagalog 1,295 14 1,297 14 2,592 28Ilocano 93 1 67 1 160 2Bicolano 109 1 118 2 227 3Cebuano 181 2 192 2 373 4Aklanon 5 0 7 0 12 0Muslim 15 0 8 0 23 0Indigenous people 0 0 1 0 1 0Kapampangan 2,112 24 1,999 22 4,111 46Ilonggo 32 0 31 1 63 1Mixed 639 7 572 6 1,211 13Others 141 2 133 1 274 3No response 0 0 2 0 2 0
Total 4,622 51 4,427 49 9,049 100 Source: JDT
90. Affected Persons Requiring Special Assistance During Transfer. Table III -26reflects the number of AHs that require special assistance during transfer. Of the 2,210identified AHs, 57% have babies or toddlers, while AHs with the elderly are 32%. Only a fewAHs (4%) have pregnant women at the time of the survey, while the rest have members whoare PWDs, either physically disabled or mentally challenged (7%).
91. This group of AHs may require additional assistance during relocation particularly inpacking and unpacking of belongings, moving and lifting of materials, and nursing care. Thus, amanpower assistance team (MAT) will be provided to such families during relocation. Furtherdetails on relocation and resettlement are discussed in Chapter 6. The figures will be updatedduring the RAP implementation and prior to actual transfer of AHs.
Table III-26: Affected Households Requiring Special Assistance DuringTransfer
Category TotalNo. %
Household with babies or toddlers 582 57%Household with pregnant women 44 4%Household with the elderly 327 32%Household with members who are PWDs 67 7%
Total 1,020 100% Source: JDT.
92. Vulnerable Groups. Additional assistance for vulnerable AH as outlined in theentitlement matrix in Chapter 5 will be provided to (i) those living below the poverty threshold, (ii)households headed by the elderly or solo parents, and (iii) households with members living athome who have a disability. Table III -27 shows that there are 1,288 vulnerable AHs. Theseinclude AHs headed by the elderly (25%), AHs headed by solo parents with dependents (22%),AHs whose income is below the poverty threshold (47%), and AHs whose member is a personwith disability (PWD) (5%).
Table III-27: Vulnerable Affected Households/GroupsLGU HH Below
PovertyThreshold
HHHeaded by
SoloParents
withDependent
HHHeadedby theElderly
HH withMemberwho is a
PWD
GrandTotal
1. Malolos 8 4 5 3 202. Calumpit 89 27 87 15 2183. Apalit 36 15 21 7 794. Minalin 3 1 2 0 65. Sto. Tomas 7 3 1 1 126. San Fernando
322 133 120 21 596
7. Angeles 142 104 91 20 357Grand Total 607 287 327 67 1,288
% 47% 22% 25% 5% 100% Source: JDT
2. Profile of Household Heads
93. Gender and Age of Household Heads. Table III -28 shows that a majority of AHheads are male, a whopping 74%, while female-headed households account for 26%. In termsof age, a large majority of AH heads (84%) are at the working age between 21 and 60, whichaverages 43 across all affected cities or municipalities. Only a few (14%) are already above 60,while only 2% are below 20.
LVII
Table III-28: Gender Distribution of Affected Household Heads by AgeAge Distribution Male Female Total
No. % No. % No. %20 and below 23 1 16 1 39 221-30 815 37 240 11 1055 4831-40 0 0 0 0 0 041-50 years old 617 28 190 8 807 3651-60 0 0 0 0 0 0Above 60 176 8 132 6 308 14No response 1 0 0 0 1 0
Total 1,632 74 578 26 2,210 100Source: JDT
94. Civil Status of Household Heads. Almost half of AH heads are married (45%), whileabout a third are in a live-in set-up (27%). There are also household heads who are raising theirchildren single-handedly either as unmarried or single individuals (15%), widow or widower(8%), or separated from their spouse (5%).
Table III-29: Gender Distribution of Affected Household Heads by CivilStatus
Civil Status Male Female TotalNo. % No. % No. %
Single 193 9 122 6 315 15Married 865 39 139 6 1,004 45Separated 49 2 69 3 118 5Widow/widower 46 2 139 6 185 8Live-in 478 22 109 5 587 27No response 1 0 0 0 1 0Total 1,632 74 578 26 2,210 100
Source: JDT
3. Tenure Status of Affected Households
95. Structure Ownership Among Households. A total of 1,266 AHs (57%) own affectedstructures that they are occupying, while 43% of them do not own structures. Of those who ownstructures, 74% are male, while 26% are female. Note that the survey did not account for jointownership among couples.
Table III-30: Structure Ownership of Affected HouseholdsLGU Structure Owners Non-owner of Structures Grand
Total(a+b)
Male Female Total(a)
Male Female Total(b)
Malolos 19 8 27 22 7 29 56Calumpit 160 72 232 89 35 124 356Apalit 81 15 96 21 3 24 120Minalin 2 0 2 3 0 3 5Sto. Tomas 22 2 24 14 0 14 38San Fernando 429 129 558 350 100 450 1,008Angeles 220 107 327 200 100 300 627
Total 933 333 1,266 699 245 944 2,210% 74 26 57 74 26 43 100
Source: JDT
96. Occupancy Arrangement. In Table III -31, of 944 households who do not ownstructures they occupy, exactly half of AHs (50%) are tenants, renters, or lessees, while the restare either rent-free occupants/sharers and (46%), caretakers (3%).
Table III-31: Occupancy Arrangements of Non-owners of StructuresLGU Tenant/
Renter/Lessee
Rent-freeOccupant/
Sharer
Caretaker NR Total
Malolos 17 9 3 0 29Calumpit 59 62 3 0 124Apalit 14 9 1 0 24Minalin 0 1 2 0 3Sto. Tomas 3 11 0 0 14San Fernando 202 234 14 5 450Angeles 181 116 3 5 300
Total 476 432 26 10 944% 50 46 3 1 100
Source: JDT
97. Monthly Rental Rates. Table III -32Error: Reference source not found reflects theaverage monthly rental rates of tenants, renter, or lessees for structures they occupy asprovided by survey respondents. Angeles has the highest average monthly rental at PhP4,000,while Sto. Tomas has the lowest average rate at PhP1,200.
Table III-32: Average Monthly Rental RatesLGU Average Monthly Rental
RateNo. of Responses
Malolos 3,600 17Calumpit 2,500 60Apalit 2,300 14Minalin 0 0Sto. Tomas 1,200 3San Fernando 2,800 204Angeles 4,000 182
Source: JDT
4. Livelihood Profile and Living Standards
98. This section provides details on livelihood and living situations of AHs to be utilized fordesigning the livelihood restoration and improvement program (LRIP). 99. Monthly Household Income. Based on the regional poverty threshold released in June2020, a household of five members must have an income of at least PhP11,230.83 per month inorder to meet basic food and other non-food requirements. AHs that fall below the requiredincome are classified as vulnerable households and will be entitled for additional assistance.
100. Table III -33 shows the number of AHs by income brackets. A total of 607 households(27%) have incomes that fall within or below the regional poverty threshold, which indicates thatthe households are having a hard time in meeting their basic needs of food, clothing, shelter,education, and simple recreation. Two hundred and fifty one households (11%) have declaredmonthly household incomes of more than PhP40,000.
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101. Based on the survey results, households with multiple livelihood activities or with morehousehold members involved in productive endeavors tend to have higher monthly householdincomes compared to those with one livelihood activity or a lesser number of householdmembers who have income sources.
Table III-33: Number of Affected Households by Monthly Income Bracket (AllSources)
HouseholdIncomeBracket
Malolos
Calumpit
Minalin
Sto.Toma
s
Apalit
SanFernand
o
Angeles
Total %
PhP0-999 0 1 0 0 0 2 1 4 0PhP999-1,999
0 2 1 0 0 5 1 9 0
PhP2,000-3,999
0 0 1 0 0 9 9 19 1
PhP4,000-5,999
3 12 4 0 0 35 19 73 3
PhP6,000-7,999
3 24 6 1 0 63 30 127 6
PhP8,000-9,999
0 21 10 1 3 110 47 192 9
PhP10,000-11,999
2 29 14 1 4 98 35 183 8
PhP12,000-15,999
10 70 22 1 7 200 114 424 19
PhP16,000-19,999
1 37 11 1 9 119 74 252 11
PhP20,000-24,999
5 42 12 0 4 95 100 258 12
PhP25,000-29,999
6 20 12 0 4 59 45 146 7
PhP30,000–34,999
4 22 5 0 1 54 43 129 6
PhP35,000-39,999
2 12 7 0 1 36 17 75 3
PhP40,000 and above
16 58 14 0 5 79 79 251 11
No response
4 6 1 0 0 44 13 68 3
Total56 356 120 5 38 1,008 627 2,21
0100
Source: JDT
102. Monthly Household Expenditure. Table III -34 indicates the average monthlyhousehold expense of AHs. Basic household expenditures including food account for thebiggest chunk at 43%, while loan payment and salaries of employees for house-basedbusinesses account for a combined 30% of the expenses.
Table III-34: Average Monthly Household ExpensesExpense Item Malolos Calump
itMinali
nSto.Toma
s
Apalit
SanFernand
o
Angeles
Average
%
Basic Household Expense ItemsFood 8,190 7,768 4,600 8,757 9,454 8,910 9,321 8,848 17
Expense Item Malolos Calumpit
Minalin
Sto.Toma
s
Apalit
SanFernand
o
Angeles
Average
%
Non-food 2,194 1,547 1,780 2,045 2,763 3,068 1,792 2,327 4Power (source of light)
2,027 1,591 0 1,489 1,406 1,701 1,699 1,671 3
Water 485 470 538 488 474 568 487 565 1Education 5,233 2,847 1,460 2,639 1,959 4,254 4,257 3,872 7Communication 728 667 223 787 699 918 767 806 2Transportation 2,157 1,416 790 1,726 1,591 2,044 1,559 1,765 3Health 5,519 2,014 300 1,611 1,559 2,618 2,315 2,434 5Cooking (LPG, charcoal, and gas)
529 526 484 512 572 620 523 569 1
Sub Total27,063 18,846 10,175 20,054 20,44
824,702 22,881 22,858 43
Other Household Expense ItemsRent (land) 7,500 3,470 0 0 0 1,446 5,100 2,744 5Rent (house/room)
4,385 2,724 0 1,167 2,250 2,854 3,970 3,264 6
Tax 466 819 0 2,167 138 1,729 1,620 1,462 3Recreation 3,605 2,286 0 1,687 1,222 2,863 2,131 2,480 5Loan payment 10,346 5,659 0 4,279 3,980 9,575 5,081 7,247 14Financial support 1,343 3,131 0 6,000 2,182 5,465 4,898 4,564 9Salary 30,400 19,833 0 8,000 3,040 5,969 4,894 8,318 16
Sub-total 57,944 37,922 0 23,29912,81
229,901 27,695 30,078 57
Total 85,008 56,768 10,175 43,35333,26
054,602 50,576 52,936 100
Source: JDT
103. Primary Household Income Source. The information collected through the survey onAHs` primary sources of income is categorized as land-, wage-, enterprise-, and remittance-based. The information related to secondary sources of income within AHs is outlined furtherbelow. For both primary and secondary sources of income, the categories are defined as: (i)land-based sources, i.e., income-generating activities largely dependent on the productivepotential of land such as crop production, fish or aquaculture, and livestock raising/production;(ii) wage-based sources, i.e., cash payment made for individuals in return for services rendered;(iii) enterprise-based sources, i.e., income-earning activities such as businesses or commercialenterprises that AHs or AH members engage in; and (iv) remittance-based sources, i.e., incomesent to AHs or AH members from other locations as a means to fulfill the needs of householdsor cover their expenses.
104. Table III -35 shows that there are 4,009 individuals who are employed or have incomesources, which indicates that around two persons per AH primarily contribute to householdincomes. Wage-based employment (70%) is the primary source of income for most AHs, while23% primarily depend on enterprise-based sources and 5% on remittance. AHs dependent onremittances are not affected by the loss of income or livelihood.
Table III-35: Number of Affected Household Members by Primary Income SourceLGU Land-
basedWage-based
Enterprise-based
Remittance-based
Others NoResponse
Total
Malolos 10 72 33 0 5 0 120
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Calumpit 24 382 165 58 6 0 636Apalit 1 155 65 12 1 0 234Minalin 0 5 0 1 0 0 6Sto. Tomas 0 62 15 4 0 0 82San Fernando 3 1,253 390 76 6 17 1,744Angeles 1 867 260 51 7 1 1,187
Total 39 2,794 929 203 26 18 4,009% 1 70 23 5 1 0 100
Source: JDT
105. In terms of location, 15% of APs conduct their livelihood activities in their own residence,while the rest are either employed or have enterprises outside of their residence as shown inTable III -36. This indicates that distance would be an issue or may affect a majority ofemployment of AHs upon relocation.
Table III-36: Location of Primary Household Income SourceLGU Own
ResidenceWithin
Neighborhood
NearBarangay
Other City/Municipality
Overseas NoDefiniteArea
Others NoResponse
Total
Malolos 47 27 9 27 4 6 0 0 120Calumpit 147 150 76 152 46 56 4 5 636Apalit 23 36 44 63 9 45 7 7 234Minalin 1 4 0 1 0 0 0 0 6Sto. Tomas 7 20 16 13 6 14 2 4 82San Fernando
201 377 544 354 87 110 12 59 1,744
Angeles 163 212 508 190 43 53 2 16 1,187Total 589 826 1,197 800 195 284 27 91 4,009
% 15 21 30 20 5 7 1 2 100Source: JDT
106. Primary Enterprise-Based Income Sources. Income sources of AHs can becategorized into service, merchandising, and manufacturing industries. More than half of AHmembers (52%) are engaged in merchandising, while about a third (32%) are engaged in theservice sector such as hair/nails/beauty salon, transport, vulcanizing shop, small town lotto,computer, and laundry/repair shop and 2% in manufacturing of goods. Female AH members aremostly engaged in merchandising, while more males are engaged in the service sector.
Table III-37: Gender Distribution of Household Members Whose Primary IncomeSources Are Enterprise-Based
LGU Service Merchandising Manufacturing Others NoResponse
TotalMale Female Male Female Male Female
Malolos 7 0 4 13 1 1 5 2 33Calumpit 36 16 32 57 2 2 12 8 165Apalit 22 1 20 16 0 3 3 0 65Minalin 0 0 0 0 0 0 0 0 0Sto. Tomas 2 0 5 4 0 0 3 1 15San Fernando
108 23 65 121 3 5 20 45 390
Angeles 67 19 53 93 2 0 19 7 260Total 242 59 179 304 8 11 61 62 929
LGU Service Merchandising Manufacturing Others NoResponse
TotalMale Female Male Female Male Female
% 26 6 19 33 1 1 7 7 100Source: JDT
107. Primary Wage-Based Income Source. Of those whose primary income is based onwage-based occupations, a majority (63%) are engaged in the service industry compared tothose in the manufacturing (17%) and merchandising (14%) sectors. Proportionally, more maleswork for the service and manufacturing sectors compared to females.
Table III-38: Gender Distribution of Household Members Whose Primary IncomeSources Are Wage-Based
LGU Service Merchandising Manufacturing Others NoResponse
TotalMale Female Male Female Male Female
Malolos 44 17 5 3 3 0 0 0 72Calumpit 175 103 18 14 31 17 8 16 382Apalit 70 36 15 14 15 1 2 2 155Minalin 0 0 0 0 0 0 5 0 5Sto.Tomas
15 11 3 2 16 9 4 2 62
SanFernando
495 252 96 74 190 69 59 16 1,251
Angeles 356 209 73 81 52 62 19 15 867Total 1,155 628 210 188 307 158 99 51 2,794
% 41 22 7 7 11 6 4 2 100 Source: JDT
108. More than half of AH members with wage-based occupations (53%) are contractual,casual, seasonal, or intermittent employees or those who have no security for tenure comparedto those who are regular or permanent employees (45%) without a pre-determined end date ofemployment.
Table III-18: Number of Affected Persons by Employment StatusLGU Gender Regular/
PermanentContractual/Casual/
Seasonal/IntermittentOthers No
ResponseTotal
Malolos Male 23 28 0 1 52Female 12 8 0 0 20Sub-total 35 36 0 1 72
Calumpit Male 109 125 0 4 238Female 72 69 1 2 144Sub-total 181 194 1 6 382
Apalit Male 32 69 0 1 102Female 16 37 0 0 53Sub-total 48 106 0 1 155
Minalin Male 3 2 0 0 5Female 0 0 0 0 0Sub-total 3 2 0 0 5
Sto. Tomas
Male 9 29 0 0 38Female 8 15 0 1 24Sub-total 17 44 0 1 62
San Fernando
Male 374 449 1 9 833Female 186 224 0 8 418Sub-total 563 673 1 17 1,254
LXIII
LGU Gender Regular/Permanent
Contractual/Casual/Seasonal/Intermittent
Others NoResponse
Total
Angeles Male 249 242 4 5 500Female 175 184 2 6 367Sub-total 424 426 6 11 867
Total 1,268 1,481 8 37 2,794% 45 53 0 1 100
Source: JDT
109. Primary Land-Based Income Source. Of 39 APs depending on primary land-basedincome sources, 12 are engaged in crop production, while 23 are in ornamental plants. Some37 AH members do not carry out their land-based activities within the ROW and the project willnot affect their land-based income sources. Only two APs conduct land-based livelihoodactivities within the ROW. (Details on these two APs are presented in Table III -68 to Table III-51.) The table below summarizes land-based livelihoods of APs.
Table III-39: Number of Affected Persons Engaging in Primary Land-based IncomeSources
LGU CropProduction
FishProduction
Others NoResponse
Total
Malolos 0 0 10 0 10Calumpit 11 0 10 3 24Apalit 0 0 1 0 1Minalin 0 0 0 0 0Sto. Tomas 0 0 0 0 0San Fernando 0 0 2 1 3Angeles 1 0 0 0 1
Total 12 0 23 4 39% 31 0 59 10 100
Source: JDT
110. Secondary Household Income Source. Some 309 household members havesecondary income sources as shown in Table III-20. These are spouses and/or other membersof AHs who engage in income-generating activities to augment the household budget. For somehouseholds, secondary income sources are of help in the situation when the income fromprimary income sources is not enough to fulfill the needs of households. Enterprises are themost common secondary income source among 47% of AH members, 28% are relying onemployment, and 15% on remittance from other family members.
Table III-40: Number of Affected Household Members by Secondary Income SourceLGU Land-
BasedWage-Based
Enterprise-Based
Remittance-Based
Others NoResponse
Total
Malolos 0 4 3 1 1 0 9Calumpit 3 10 40 11 8 0 72Apalit 0 0 7 3 1 0 11Minalin 0 0 1 0 0 0 1Sto. Tomas 0 1 3 0 0 0 4San Fernando 0 39 51 14 6 0 110Angeles 0 33 39 19 2 9 102
Total 3 87 144 48 20 9 309% 1 28 47 15 6 3 100
Source: JDT
111. Location of Secondary Income Source. Table III -41 shows the location of secondaryincome sources. Most of AH members carry out their secondary livelihood activities in theirresidence (28%) or the neighborhood (28%), while the rest conduct them near the barangay(13%), in other cities or municipalities (6%), or overseas (5%). Those with no definite area aremostly engaged in online selling.
Table III-41: Location of Secondary Household Income SourceLGU Own
Residence
WithinNeighborhood
NearBaranga
y
Other City/Municipalit
y
Overseas
NoDefinite Area
Others
NoRespons
e
Total
Malolos 3 1 0 2 0 2 1 0 9Calumpit 24 20 5 4 7 6 0 6 72Apalit 3 3 1 1 1 2 0 0 11Minalin 0 1 0 0 0 0 0 0 1Sto. Tomas
1 2 0 0 0 1 0 0 4
San Fernando
27 35 15 8 5 15 2 3 110
Angeles 29 24 19 5 3 10 0 12 102Total 87 86 40 20 16 36 3 21 309
% 28 28 13 6 5 12 1 7 100Source: JDT
112. Secondary Enterprise-Based Income Source. Table III -42 indicates the type ofsecondary enterprise-based income sources of AHs. Selling of goods is still the foremost type ofenterprise-based income sources among AH members (45%), while some AH members (30%)are engaged in the service sector for secondary income sources.
Table III-42: Gender Distribution of Household Members Whose Secondary IncomeSources Are Enterprise-Based
LGU Service Merchandising Manufacturing Others NoRespons
e
Total
Male Female Male Female Male FemaleMalolos 0 0 2 0 0 0 1 0 3Calumpit 7 1 10 9 0 0 8 5 40Apalit 1 0 4 2 0 0 0 0 7Minalin 1 0 0 0 0 0 0 0 1Sto. Tomas 1 0 1 1 0 0 0 0 3San Fernando
17 3 6 13 0 0 10 2 51
Angeles 8 4 9 9 0 0 8 1 39Total 35 8 32 34 0 0 27 8 144
% 24 6 22 23 0 0 19 6 100Source: JDT
113. Table III -43.
Table III-43: Gender Distribution of Household Members Whose Secondary IncomeSources Are Wage-Based
LGU Service Merchandising Manufacturing Others NoResponse
TotalMale Female Male Female Male Female
Malolos 3 0 0 0 0 0 1 0 4
LXV
LGU Service Merchandising Manufacturing Others NoResponse
TotalMale Female Male Female Male Female
Calumpit 2 5 0 1 0 1 0 1 10Apalit 0 0 0 0 0 0 0 0 0Minalin 0 0 0 0 0 0 0 0 0Sto. Tomas 0 0 0 0 0 0 0 1 1San Fernando
18 10 1 2 3 0 5 0 39
Angeles 19 8 0 0 3 1 1 1 33Total 42 23 1 3 6 2 7 3 87
% 48 26 1 4 7 2 8 4 100Source: JDT
114. Membership in Financial and Social Security Institutions. Financial institutions playa role in providing a lifeline to people in times of need, which may come in the form of housing,and other types of loans from both formal and informal sources, e.g., loan sharks andpawnshops. 115. Table III -2 shows a list of financial and social security institutions where the surveyedhouseholds have membership. Multiple responses were generated as there are respondentswho have membership in more than one institution as these are basic requirements, especiallyto those who are employed. The Home Development Mutual Fund (HDMF or Pag-IBIG Fund),Social Security System (SSS), and PhilHealth are among the most common institutions in whichAPs have membership. There are 694 households which do not have membership for any offinancial or social security institutions.
Table III-24: Membership in Financial and Social Security Institutions by GenderFinancial Institution Male Female Total
HDMF/Pag-IBIG Fund 535 129 664Government Service Insurance System 44 13 57Social Security System 883 241 1,124Cooperative 4 1 5Philhealth 800 287 1,087Micro-finance 17 5 22Others 3 1 4None 478 216 694
Total 2,764 893 3,657% 76 24 100
Note: This table is based on multiple answers. Source: JDT.
5. Basic Household Amenities
116. Basic social amenities contribute to the health and well-being of residents andcommunities in general. Access to safe drinking water and sanitation including electricity isessential for human health, quality of life, and dignity, which has multiplier effects on socio-economic indicators such as poverty, health, and productivity.
117. Access to Water. In terms of sources of water, AHs claimed to have multiple sources.There are households who source water from shared connections for household uses, e.g.,cleaning and washing clothes and buy water from commercial sources for drinking and cookingparticularly in case of those who have no piped connection or no source of safe/potable water.
118. Table III -44 shows that more than half of AHs (53%) have their own piped connections,while the rest either source their water from their neighbors, community faucets, and deep orshallow wells or buy from commercial water stations.
Table III-44: Access to Water (Multiple Responses)LGU Piped
Connection
Sharedwith
Neighbor/Community Faucet
Deep
Well
Shallow Well
Commercial Source
Others
NoRespons
e
Total
Malolos 27 10 5 8 0 7 0 57Calumpit 252 56 14 0 9 27 1 359Apalit 62 21 17 1 41 8 0 150Minalin 0 0 0 0 5 0 0 5Sto. Tomas 26 10 0 0 6 0 0 42San Fernando
481 159 223 7 94 130 6 1,100
Angeles 393 193 4 1 26 19 2 638Total 1,241 449 263 17 181 191 9 2,351
% 53 19 11 1 8 8 0 100Source: JDT
119. Access to Sanitation. Table III -45 indicate that 85% of AHs have water-sealed toiletsat home. Some 8% of AHs use communal or barangay toilets, followed by other unclassifiedtoilet types (4%), no toilet (2%), and open pits (1%).
Table III-45: Access to Sanitation FacilitiesCity/
MunicipalityOwn Water
Sealed ToiletsOpen
PitCommunal/Barangay
Toilet
NoToilet
Others NoResponse
Total
Malolos 47 0 7 0 2 0 56Calumpit 326 0 18 3 9 0 356Apalit 93 1 5 15 4 2 120Minalin 1 4 0 0 0 0 5Sto. Tomas 37 0 0 1 0 0 38San Fernando 856 5 76 15 52 4 1,008Angeles 514 3 75 8 24 3 627
Total 1,874 13 181 42 92 8 2,210% 85 1 8 2 4 0 100
Source: JDT
120. Access to Electricity. Table III -46 shows 62% of AHs have their own electric metersat home, while 34% share electric connections. There are 62 households (3%) which have noconnection at all and resort to other lighting means.
Table III-46: Access to ElectricityLGU Electric Meter
for PowerConnection
SharedConnection
NoConnection
Others NoResponse
Total
Malolos 42 14 0 0 0 56Calumpit 258 91 6 1 0 356Apalit 80 19 21 0 0 120
LXVII
LGU Electric Meterfor Power
Connection
SharedConnection
NoConnection
Others NoResponse
Total
Minalin 1 0 4 0 0 5Sto. Tomas 30 8 0 0 0 38San Fernando 620 361 18 2 7 1,008Angeles 339 268 13 5 2 627
Total 1,370 761 62 8 9 2,210% 62 34 3 0 0 100
Source: JDT
121. Cooking Facility. Multiple types of fuel used for cooking were noted for AHs. Somehouseholds use liquefied petroleum gas (LPG) for regular cooking and charcoals for grilling. Aspresented in Table III -47, LPG is the most commonly used fuel for cooking (78%). The rest areusing wood, charcoal, electricity, or kerosene.
Table III-47: Cooking Facilities among Affected Households (Multiple Response)City/
MunicipalityLPG Kerosene Charcoal Wood Electricity Others NR Total
Malolos 46 1 5 7 2 1 0 62Calumpit 313 2 8 27 7 8 2 367Apalit 92 5 11 17 1 3 1 130Minalin 5 0 0 1 0 0 0 6Sto. Tomas 37 1 1 1 0 0 0 40San Fernando
846 14 77 105 28 21 5 1,096
Angeles 514 2 69 26 26 34 5 676Total 1,853 25 171 184 64 67 13 2,377
% 78 1 7 8 3 3 1 100Source: JDT
6. History of Residency in the Area
122. Type of Residence. A residential structure is considered a primary residence if theoccupant considers it as a permanent living accommodation and secondary residence if theoccupant has a primary residence elsewhere. In most cases, secondary residences serve astemporary accommodation for individuals or AHs who want to be near schools or workplacesduring weekdays or for an extended period with the intention of returning to their primaryresidence during weekends, or school/work holidays/vacations.
123. Table III -48 indicates that 95% of the households consider the structure as theirprimary residence. This information suggests that a big majority of the APs will require supportin terms of finding alternative primary accommodations once landrecovery/requisition/acquisition commences. Those with primary residence elsewhere and areoccupying the PROW as secondary residence but needed to relocate nevertheless will still needsupport to address the economic impact resulting from potentially having to move away fromtheir livelihoods and/or schools thus adding pressure on their household income.
Table III-48: Type of ResidenceLGU Primary
ResidenceSecondaryResidence
NoResponse
Total
Malolos 48 8 0 56
LGU PrimaryResidence
SecondaryResidence
NoResponse
Total
Calumpit 333 20 3 356Apalit 114 6 0 120Minalin 5 0 0 5Sto. Tomas 37 1 0 38San Fernando 972 36 0 1,008Angeles 594 31 2 627
Total 2,103 102 5 2,210% 95 5 0 100
Source: JDT
124. Number of Years in Current Location. In Table III -49, most of the householdssurveyed (39%) have been in the area for more than 20 years while some have stayed for 1-5years (26%), 6-10 years (16%), 11-15 years (8%), or 16-20 years (7%). Only a few (4%) arerelatively new to the area having stayed for only less than a year at the time of survey.
Table III-49: Number of Years of Residence in Current LocationsLGU <1
Year1-5
Years6-10
Years11-15Years
16-20Years
20+Years
NoResponse
Total
Malolos 5 12 10 5 6 18 0 56Calumpit 6 67 44 15 25 196 3 356Apalit 3 36 20 8 13 40 0 120Minalin 0 0 1 1 1 2 0 5Sto. Tomas 0 8 4 1 1 24 0 38San Fernando 32 281 182 109 71 332 1 1,008Angeles 33 163 83 43 45 258 2 627
Total 79 567 344 182 162 870 6 2,210% 4 26 16 8 7 39 0 100
Source: JDT
125. Place of Previous Residence. Table III -50 indicates the place of the household’sprevious residence. Most of the households have lived around the vicinity, either in the samebarangay (39%) or within the city (25%). A few have previously lived somewhere in MetroManila (4%) while others stayed outside Metro Manila (16%). There are also those who havenot lived anywhere else and only in their current location (9%). Seven percent (7%) have noresponse.
Table III-50: Place of Previous ResidenceLGU Same
BarangayIn-
CityMetroManila
OutsideMetroManila
N/A NoResponse
Total
Malolos 18 12 5 18 1 2 56Calumpit 90 83 19 58 85 21 356Apalit 40 28 3 26 8 15 120Minalin 4 0 0 0 1 0 5Sto. Tomas
10 12 0 1 6 9 38
San Fernando
491 248 30 118 72 49 1,008
Angeles 214 166 23 130 37 57 627Total 867 549 80 351 210 153 2,210
% 39 25 4 16 9 7 100
LXIX
Source: JDT
126. Reason for Establishing Residence in Current Location. Social and economicfactors like proximity to the workplace (41%), family ties (30%), affordable rent/rent free (10%),and marriage (9%) were the top considerations of households for their choice of residence intheir current location.
Table III-51: Reason for Establishing Residence in Current LocationsLGU Proximity
toWorkplac
e
Rent-Free/Affordable
Rent
Family Ties
NearSchoo
l
Marriage
Others
NoRespons
e
Total
Malolos 24 4 13 0 11 3 1 56Calumpit 144 38 116 2 23 17 16 356Apalit 27 5 65 0 16 6 1 120Minalin 5 0 0 0 0 0 0 5Sto. Tomas
10 3 14 0 7 3 1 38
San Fernando
445 116 266 8 82 41 50 1,008
Angeles 232 63 198 12 67 35 20 627Total 887 229 672 22 206 105 89 2,210
% 41 10 30 1 9 5 4 100 Source: JDT
127. Previously Relocated Households. Table III -52 below shows that among thesurveyed households, 94 of them revealed that they have been previously relocated to thegovernment`s relocation sites. This implies that they have been beneficiaries of past relocationor housing programs by the government but chose to establish domicile (or return if oldresident) in the project site.
Table III-52: Number of Previously Relocated HouseholdsLGU No. of Affected Households Which
Were Previously RelocatedMalolos 3Calumpit 10Apalit 8Minalin 0Sto. Tomas 2San Fernando 46Angeles 25
Total 94 Source: JDT
128. Reasons for Returning to Current Location. Table III -53 shows the main reasons ofthe previously relocated households to establish domicile or return to their current location. Themost common reason for returning is “no work/livelihood opportunities” in their last residence. Itis noted that the social and economic factors cited are crucial for the APs decision to remainand permanently reside in the identified relocation sites.
Table III-53: Reason for Returning to Current Locations (Multiple Response)LGU No
Work/Livelihood
Opportunity
No Accessto Public
Transportation
No Accessto/Provision of Utility
NoAvailableHealthcare Facility
No nearEducational
Facility
Others
NoRespons
e
Total
Malolos 1 0 0 0 0 2 1 4Calumpit 5 3 5 1 1 4 2 21Apalit 3 0 0 0 0 6 0 9Minalin 0 0 0 0 0 0 0 0Sto.Tomas 0 0 0 0 0 1 1 2San Fernando
31 12 2 2 8 17 25 97
Angeles 15 5 3 2 2 10 0 37Total 55 20 10 5 11 40 29 170
% 32 12 6 3 6 24 17 100Source: JDT
129. Households Who Have Availed of Government Housing Programs. Of the 94households who have been previous beneficiaries of a relocation program, 90 of them availed ofgovernment housing programs while only one household did not. About half of the householdswho have availed of a government housing program are from San Fernando. Below is Table III-54 with details:
Table III-54: Households Which Have Availed of Government Housing ProgramsLGU Yes No No Response Total
Malolos 3 0 0 3Calumpit 9 1 0 10Apalit 8 0 0 8Minalin 0 0 0 0Sto. Tomas 1 0 1 2San Fernando 46 0 0 46Angeles 23 0 2 25
Total 90 1 3 94% 96 1 3 100
Source: JDT
130. Resettlement Preferences. Based on the results of consultations conducted, a total of1,181 AHs expressed that they preferred the assisted relocation option rather than the self-relocation, 276 AHs prefer self-relocation and the remaining 758 AHs have yet to confirm theirpreference. C. Profile of Affected Businesses and Livelihoods Within the ROW
131. This section focuses on the 542 businesses which will be severely affected due tophysical displacements. These are 104 stand-alone businesses with 129 employees and 438micro-enterprises that are located in the APs’ homes. Types of micro-business operated insidethe residences by some 291 include: sari-sari stores, home cooked food vending and catering,fruits and vegetables vending, and souvenir and arts and crafts items production. The remaining147 APs livelihood income is from renting out rooms/spaces/house in the project ROW.
1. Stand-Alone Businesses
LXXI
132. A total of 104 business operating within the barangays and nearby barangay describedin the survey is presented in the succeeding sections. Most of these businesses are found inCalumpit Bulacan, and Angeles and San Fernando in Pampanga. A small number of suchbusinesses are in Malolos, Sto. Tomas, and Apalit. More than half of these businesses areowned by males (58%) compared to those owned by females (42%). Table III-36 presents thedetails:
Table III-55: Gender Distribution of Business OwnersLGU Male Female Total %
Malolos 1 1 2 2Calumpit 25 18 43 41Apalit 5 1 6 6Minalin 0 0 0 0Sto. Tomas 1 1 2 2San Fernando 10 8 18 18Angeles 18 15 33 35
Total 60 44 104 100% 58 42 100
Source: JDT.
133. Type of Business Ownership. Two of the most common types of business ownershipby the APs are (i) sole proprietorship and (ii) partnership. The majority of affected businessesare sole proprietorships. Table III -56 indicates the types of business ownership of the 104affected businesses. Sole proprietorship accounts for (96%), while the remaining are eitherregistered as partnerships (2) or the APs provided no response (2).
Table III-56: Type of Business OwnershipLGU Sole
ProprietorshipPartnership No
ResponseTotal
Malolos 2 0 0 2Calumpit 42 1 0 43Apalit 5 0 1 6Minalin 0 0 0 0Sto. Tomas 2 0 0 2San Fernando 17 0 1 18Angeles 32 1 0 33
Total 100 2 2 104% 96 2 2 100
Source: JDT
134. Business Permit or License. Having the necessary permit or license to operatebusinesses is one way of establishing business ownership. More than half (58%) of thebusiness establishments surveyed claimed to have a license to operate and are registered atthe Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI), and/or their respective LGUs. Those without licenses counted at 35%, and 7% did not provideinformation.
Table III-57: Retention of Business Licenses or PermitsLGU License/ Without
LicenseNo
ResponseTotal
Malolos 2 0 0 2Calumpit 29 13 1 43
LGU License/ WithoutLicense
NoResponse
Total
Apalit 6 0 0 6Minalin 0 0 0 0Sto. Tomas 2 0 0 2San Fernando 11 7 0 18Angeles 10 17 6 33
Total 60 37 7 104% 58 35 7 100
Source: JDT
135. Type of Business. Business operations refer to activities that APs engage in ona regular basis purposely to increase the value of the enterprise and earn a profit. These arefurther classified into major activities such as service, merchandising, and manufacturing. Aservice business provides customers with intangible goods such as transportation,consultation, repair, and professional services. Merchandising operations entail purchasingand reselling tangible products. Manufacturing operations involves transforming rawmaterials into finished products that are ready to be sold to consumers. Table III -58provides information on the type of business operation within the ROW wherein 29 (28%)are in the service industry while 38 (36%) are into merchandising, and 27 (26%) domanufacturing of goods.
Table III-58: Gender Distribution of Business Owners by Type of BusinessLGU Service Merchandising Manufacturing Others Total
Malolos 0 0 2 0 2Calumpit 13 15 12 3 43Apalit 4 1 1 0 6Minalin 0 0 0 0 0Sto. Tomas 0 1 1 0 2San Fernando 3 7 4 4 18Angeles 9 14 7 3 33
Total 29 38 27 10 104% 28 36 26 9 100
Source: JDT
136. Length of Business Operation. In terms of length of business operation, 11% havebeen in operation for more than 20 years while the rest have been operating for 1-5 years(37%), 6-10 years (23%), 11-15 years (8%), and 16-20 years (12%). There are nine businesses(9%) operating for less than a year. Table III -59 shows the figures.
Table III-59: Length of Business OperationLGU <1
Year1-5 Years 6-10
Years11-15Years
16-20Years
20+Years
Total
Malolos 1 0 0 0 1 0 2Calumpit 2 8 9 5 11 8 43Apalit 1 3 2 0 0 0 6Minalin 0 0 0 0 0 0 0Sto. Tomas 0 2 0 0 0 0 2San Fernando
2 9 6 1 0 0 18
Angeles 3 16 7 2 1 4 33
LXXIII
Total 9 38 24 8 13 12 104% 9 37 23 8 12 11 100
Source: JDT
137. Classification of Business/Enterprise. Businesses are classified based on assets andnumber of employees. Of the 104 businesses only 41 business owners declared to haveemployees which totaled to 129 employees while the rest of the business operations do nothave workers. Micro businesses usually employ less than 10 workers, while small businessesemploy 10 to 99 workers. Medium enterprises employ 100 to 199 workers, while companiesemploying 200 employees and above could be considered as large businesses.13
138. In Table III -60, majority of the businesses that provided information regarding theirnumber of employees are micro-businesses (92%), with only one with small business (1%).There are no medium or large enterprises in the affected areas.
Table III-60: Classification of Businesses and EnterprisesLGU Micro-Business Small Business No Response Total
Malolos 2 0 0 2Calumpit 41 1 1 43Apalit 6 0 0 6Minalin 0 0 0 0Sto. Tomas 2 0 0 2San Fernando 18 0 0 18Angeles 27 0 6 33
Total 96 1 7 104% 92 1 7 100 Source: JDT.
139. Employed Workers of Micro-Businesses. Affected employees, as defined in this RAP,are those who are employed in an affected business or enterprise and could be temporarily orpermanently displaced from their job once their employing business are closed or downsizeddue to displacement. As discussed, there are 104 affected business owners. Of this number, 40business owners have at least one employee in their business and there are 129 APs employedin these businesses. Based on the information provided by the owners, there are 96 (75%)employees who earn an average of PhP10,000 monthly and some 33 (25%) employees earn anaverage of over PhP10,000 per month. 140.141. presents number of employees’ average month salary by gender.
Table III-61: Number of Employees Receiving Average Monthly Income.
LGU No. of Micro-business
withEmployees
No. of EmployeesIdentified
Average Monthly Income ofEmployees
Male
Female
Total BelowPhP10,000
PhP10,000and Above
Total
Malolos 2 4 1 5 0 5 5
13Source: The MSME Sector at a glance. https://www.senate.gov.PhPublications/AG%202012-03%20-%20MSME.pdf.
Calumpit 18 32 25 57 48 9 57
Apalit 0 0 0 0 0 0 0
Minalin 0 0 0 0 0 0 0
Sto. Tomas 2 6 0 6 1 5 6
San Fernando City
12 31 14 45 32 13 45
Angeles City 6 9 7 16 15 1 16
Total 40 82 47 129 96 33 129
% 64 36 100 75 25 100Source: JDT
142. Gross Monthly Income. This term refers to the amount of income earned bybusinesses in a month before taxes and deductions are taken out. The declared gross monthlyincome reported by affected businesses ranges from less than PhP10,000 to more thanPhP500,000 as shown in Table III -62. Forty four percent (44%) declared average grossmonthly incomes below PhP10,000 while 41% mentioned incomes PhP10,000 to PhP49,999.The remaining seven business owners who responded quoted amounts of PhP50,000 andabove.
Table III-62: Average Gross Monthly Income of Affected BusinessesLGU Below
PhP10,000PhP10,000-
49,999PhP50,000-
99,999PhP100,000
-500,000Above
PhP500,000No
Response
Total
Malolos 0 2 0 0 0 0 2Calumpit 17 20 2 1 0 3 43Apalit 4 2 0 0 0 0 6Minalin 0 0 0 0 0 0 0Sto. Tomas 0 0 0 1 0 2 2San Fernando
6 6 3 1 0 2 18
Angeles 19 13 0 0 0 1 33Total 46 43 5 2 0 8 104
% 44 41 5 2 0 8 100Source: JDT
143. Average Monthly Income. While almost all the businesses indicated the range of theirgross monthly income, only 101 businesses disclosed an estimated amount of their averagemonthly incomes as reflected in Table III -63. The average monthly income of 101 affectedbusinesses that responded is PhP44,868.
LXXV
Table III-63: Average and Estimated Total Monthly Income of BusinessesCity/
MunicipalityNo. of
BusinessesAverage Monthly
IncomeEstimated TotalMonthly Income
Malolos 2 75,000 150,000Calumpit 43 45,462 1,863,950Apalit 6 19,867 119,200Minalin 0 - -Sto. Tomas 2 170,000 170,000San Fernando 18 100,165 1,702,800Angeles 33 15,463 525,750
Total 104 44,868 4,531,700Source: JDT
144. Tenure of Affected Businesses. For the 104 non-landowner businesses, 65 (62%) arerenting/leasing, 26 (25%) are rent-free occupants from resident structure owners, 11 (10%) arecaretakers, and 1 (less than 1%) is sharer. Table III -64 shows the figures.
Table III-64: Tenure Status of Affected Business LGU Rent/Lease Rent-free
OccupantCaretaker Sharer Others Total
Malolos 1 1 0 0 0 2Calumpit 30 11 2 0 0 43Apalit 5 1 0 0 0 6Minalin 0 0 0 0 0 0Sto. Tomas 2 0 0 0 0 2San Fernando 11 7 0 0 0 18Angeles 16 6 9 1 1 33
Total 65 26 11 1 1 104% 62 25 10 0 0 100
Source: JDT
2. Home-Based Livelihood
145. Some 438 surveyed APs consisting of 291 homebased enterprises and 147 renting outspaces conduct their livelihood activities in their own residence. All these 438 home-basedenterprises will lose income due to displacement. None of the 438 have workers in theirbusinesses. Type of home-based business operated by 291 APs in their residences include:sari-sari store, home-cooked food catering and vending, furniture making, vegetables, meat andpoultry store, souvenir items and home-crafts. Table III -65 presents the number of homebasedenterprises by gender and income.
Table III-65: Home-Based Business
Municipality Male FemaleTotal Home-based
Enterprise
1. Malolos 8 7 15
2. Calumpit 31 18 49
3. Apalit 11 6 17
4. Minalin 0 0 0
5. Sto. Tomas 4 0 4
6. San Fernando 90 36 126
7. Angeles 47 33 80
Total 191 100 291
146. Information gathered on APs income is presented in Table III -66. The data reveals thatmajority (67%) of the APs earn between PhP10,000 up 40,000 per month. Some 45 (15%) earn10,000 pesos and below, and some 42 APs (14%) earn 40-100,000 monthly, and 7 (2%) earnabove 100 and 3 (1%) did not give an answer.
Table III-66: Income from Home-Based Enterprises
Municipality
Below10,000
PhP
10,000-40,000
PhP
40,000-100,000
PhP
Above
100
PhP
NR Total
1. Malolos 2 5 6 2 0 15
2. Calumpit 9 30 9 1 0 49
3. Apalit 2 13 2 0 0 17
5. Sto. Tomas 0 3 1 0 0 4
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6. San Fernando 21 88 11 3 3 126
7. Angeles 11 55 13 1 0 80
Total 45 194 42 7 3 291
% 15% 67% 14% 2% 1% 100%
147. Room/House Rental Business. A total of 147 APs is renting out room or houses assources income. There is no additional information on this business although average monthlyrental rate ranges across LGUs is from 1,500 – 4,500 per month.
Table III-67: Number of APs with Rental Business by Gender
Municipality Male Female Gender Total
1. Malolos 1 0 2 3
2. Calumpit 0 1 15 16
3. Apalit 0 1 4 5
4. Minalin 0 0 0 0
5. Sto. Tomas 0 0 0 0
6. San Fernando 15 6 65 86
7. Angeles 5 5 27 37
Grand Total 21 13 113 147
D. Profile of Affected Persons Engaging in Agriculture-Related Activities
148. This section focuses on two APs engaged in agriculture related activities. Details suchas gender, land ownership, tenure status, land activity, and major produce are presented in thesucceeding tables.
1. Number of Affected Persons Engaging in Agriculture
149. There are only two APs whose agricultural activity is located within PROW. One islocated in San Fernando and the other one is in Angeles. Table III -68 presents the details:
Table III-68: Number of Affected Persons Engaging in Agriculture ActivitiesLGU Male Female Total
Malolos 0 0 0Calumpit 0 0 0Apalit 0 0 0Minalin 0 0 0Sto. Tomas 0 0 0San Fernando 0 1 1Angeles 1 0 1
Total 1 1 2% 50 50 100
Source: JDT
2. Tenure Status of Affected Persons Engaging in Agriculture150. In terms of tenure status, Table III -69 shows that one is using the land without theowner’s permission while the other one is a caretaker.
Table III-69: Tenure StatusLGU Without Permission
from OwnersCaretaker Total
Malolos 0 0 0Calumpit 0 0 0Apalit 0 0 0Minalin 0 0 0Sto. Tomas 0 0 0San Fernando 1 0 1Angeles 0 1 1
Total 1 1 2% 50 50 100
Source: JDT
3. Farming Activity on Land
151. One of the APs is into game fowl raising while the other one is breeding love birds asshown in Table III -70.
Table III-70: Farming Activity on LandCity/Municipality Poultry Raising/Game
Fowl BreedingLove BirdsBreeding
Total
Malolos 0 0 0Calumpit 0 0 0Apalit 0 0 0
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City/Municipality Poultry Raising/GameFowl Breeding
Love BirdsBreeding
Total
Minalin 0 0 0Sto. Tomas 0 0 0San Fernando 0 1 1Angeles 1 0 1
Total 1 1 2% 50 50 100
Source: JDT
IV. CHAPTER 4: LEGAL AND POLICY FRAMEWORK
A. Policies and Guidelines Applied to the Project
152. In this project, the land acquisition and resettlement policies, especially thecompensation and entitlements, shall adhere to the Philippine laws, rules and regulations, aswell as internationally accepted standards as set forth in JICA Guidelines (2010) and ADB'sSafeguard Policy Statement (SPS, 2009). JICA conforms with and adopts the World Bank’sSafeguards Policies, OP 4.12 as the benchmark of internationally accepted standards ofinternational finance organizations.
153. The following paragraphs initially summarize the pertinent Philippine laws, rules andregulations, as well as JICA and ADB requirements on involuntary resettlement and indigenouspeoples (IP). The section of this chapter describes the applicable Philippines legal frameworkand JICA and ADB policy requirements along with agreed gap filling measures where policydifferences and/or gaps have been identified, recommended measures to harmonize these gapsare outlined. In case of discrepancies between the Philippines laws, regulations, andprocedures, and ADB’s and JICA's policies and requirements, the gap filling measures identifiedin Chapter 4 will prevail. The principles and objectives of the policies of ADB and JICA are verysimilar with respect to social safeguards. The outcomes of the analysis of policies in this chapterinforms the discussion in Chapter 4, which outlines the project-specific policies to be followed inthe preparation and implementation of the RAP, as approved by the Department ofTransportation (DOTr), JICA, and ADB.
S. Philippine Legal Framework
154. This RAP is guided by the policy framework derived from the Philippine Constitution,pertinent GoP laws and applicable executive, administrative and department orders. Theapplicable legal references are listed in Table IV -71 and the summaries of these laws andpolicies are presented in the succeeding sections.
Table IV-71: List of Applicable Legal FrameworkNo. Philippine Constitution and Pertinent Laws1 Philippine Constitution 19872 Republic Act No. 10752 (The Right-of-Way Act)3 Republic Act No. 7279 (Urban Development and Housing Act of 1992)4 Republic Act No. 11201 (Department of Human Settlements and Urban Development Act of
2019) 5 Republic Act No. 7160 (Local Government Code of 1991)6 Republic Act No. 386 (Civil Code of the Philippines)7 Republic Act No. 8371 (Indigenous Peoples Rights Act of 1997)8 Republic Act No. 9679 (Home Development Mutual Fund Law of 2009)9 Republic Act No. 6389 (Agricultural Land Reform Code of 1971)10 Commonwealth Act no. 141 (Public Land Act of 1936)11 Republic Act No. 6685 (December 1988)12 Republic Act No. 9994 (February 2010) (Expanded Senior Citizen Act of 2010)13 Republic Act No. 7277 (Magna Carta for Disabled Persons of1992) as Amended by R.A.
944214 Batas Pambansa 220 (June 1982)15 Presidential Decree No. 1096 (National Building Code of the Philippines, February 1977)16 Republic Act No. 8424 (The National Internal Revenue Code of 1997)
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No. Executive, Administrative, and Department Orders1 Executive Order No. 1035, Series of 19852 Executive Order No. 48, Series of 20013 Executive Order No. 708, Series of 20084 Executive Order No. 69, Series of 20125 DOTr Department Order No. 2013-056 BIR Revenue Regulations 2-987 HUDCC Resolution No. 1, Series of 20188 HUDCC Resolution No. 2, Series of 2018
No. Relevant Manuals, Policies and Memorandum Circulars1 DOTr Right-of-Way and Site Acquisition Manual (ROWSAM)2 DPWH Right-of-Way Acquisition Manual (DRAM)3 Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 20074 NHA Memorandum Circular No. 2427 Series of 20125 NHA Memorandum Circular No. 015, Series of 20156 NHA Memorandum Circular No. 014, Series of 2018
1. Philippine Constitution of 1987
155. The pertinent constitutional provisions on involuntary resettlement are as follows:
(i) Article III, Bill of Rights, Section 1: “No person shall be deprived of life, liberty, orproperty without due process of law, nor shall any person be denied the equalprotection of the laws.”
(viii) Article III, Bill of Rights Section 9: “Private property shall not be taken for public use without justcompensation”.
(ix) Article XIII, Urban Land Reform and Housing, Section 10: “Urban or rural poor dwellers shall notbe evicted nor their dwelling demolished, except in accordance with law and in a just andhumane manner. No resettlement of urban or rural dwellers shall be undertaken withoutadequate consultation with them and the communities where they are to be relocated.”
8. Republic Act No. 10752 (The Right of Way Act)
156. This law, enacted on March 7, 2016, repeals Republic Act (R.A.) No. 8974, the act tofacilitate the acquisition of right-of-way (ROW), site or location for national Governmentinfrastructure projects and other purposes. Both laws (R.A. 8974 and R.A. 10752) are based onthe premise that private property shall not be taken for public use without just compensation(Article III, Section 9 of the 1987 Constitution). R.A. 10752 was enacted to further strengthen thesaid constitutional provision and ensure that property owners and project-affected propertiesimpacted by national government infrastructure projects would be given just compensation. TheImplementing Rules and Regulations (IRR) of R.A. 10752 were promulgated on May 25, 2016 tocarry out the provisions of the said Act.
157. Main provisions in R.A. 10752 sought to expedite the implementation of infrastructureprojects while ensuring that just and equitable compensation be provided to the project-affectedpersons. The pertinent revisions in R.A. 10752 include: (i) expansion in scope of nationalgovernment projects, (ii) refining the modes of acquisition, (iii) compensation based onreplacement cost for land, structures and improvements, (iv) changes in guidelines forexpropriation proceedings, (v) payment terms, and (vi) appropriation.
158. Expansion in Scope of National Government Projects. Under Section 3 of R.A.10752, National Government Projects pertain to: “… all national government infrastructure,engineering works and service contracts, including projects undertaken by government-ownedand controlled corporations, all projects covered by Republic Act No. 6957, as amended byRepublic Act No. 7718, otherwise known as the Build-Operate-and-Transfer Law, and otherrelated and necessary activities, such as site acquisition, supply and/or installation of equipmentand materials, implementation, construction, completion, operation, maintenance, improvement,repair, and rehabilitation, regardless of the source of funding.” 159. R.A. 10752 also states that subject to the provisions of Republic Act No. 7160, otherwiseknown as the Local Government Code (LGC) of 1991, local government units (LGUs) may alsoadopt the provisions of this Act for use in the acquisition of ROW for local governmentinfrastructure projects.
160. The implementing agency (IA) may utilize donation or similar mode of acquisition if thelandowner is a government owned or government-controlled corporation. 161. Section 4 of R.A. 10752 states that “When it is necessary to build, construct, or installon the subsurface or subterranean portion of private and government lands owned, occupied, orleased by other persons, such infrastructure as subways, tunnels, underpasses, waterways,flood ways, or utility facilities as part of the government’s infrastructure and developmentproject, the government or any of its authorized representatives shall not be prevented fromentry into and use of the subsurface or subterranean portions of such private and governmentlands by surface owners or occupants, if such entry and use are made more than fifty (50)meters from the surface.”
162. Section 11 of IRR of R.A. 10752 further states that the IA shall duly consult with andnotify the affected property owners of any acquisition of subsurface right of way needed for theinfrastructure projects. If the national government project involves underground works within adepth of fifty (50) meters from the surface, the IA may undertake the mode of acquisition in thefollowing order:
(i) Negotiate with the property owner a perpetual easement of ROW for thesubterranean portions of his property required by the project.
(x) Offer to acquire from the property owner the affected portion of the land, includingthe affected structures, improvements, crops and trees therein in accordance withthe provisions of the act.
163. Furthermore, the IRR states that the easement price under Section 11a of this IRR shallbe twenty percent (20%) of the market price of the land.
a. Compensation for Structures and Improvements, Crops and Trees
164. Replacement Cost for Structures and Improvements. Section 5(a)(2) states that theIA may offer to acquire, through negotiated sale, the compensation price equivalent to thereplacement cost of structures and improvements. Under Section 6.6 of the IRR of R.A. 10752,the replacement cost of structures or improvements affected by the ROW shall be based on thecurrent market prices of materials, equipment, labor, contractors profit and overhead, and allother attendant costs associated with the acquisition and installation of a similar asset in placeof the affected asset. In addition:
(i) If the affected structure has been damaged, then the replacement cost should bethe pre-damaged condition of that structure;
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(xi) 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 marketprices; and
(xii) The replacement structure has to perform the same functions and meet the performancespecifications as the original structure.
165. Current Market Value of Crops and Trees. Section 5(a)(3) states that the IA may offerto acquire, through negotiated sale the compensation price equivalent to the current marketvalue of crops and trees.
b. Compensation for Structures and Improvement of Owners Who Have No Legally Recognized Right to the Land
166. Section 5(b) of R.A. 10752, states that for owners of structures and improvements withno legally recognized rights to the land, payment of the replacement cost of structures andimprovements shall apply as long as they meet all of the following conditions:
(i) Are Filipino citizens;
(ii) Do not own any real property or other housing facility in any urban or rural area;and
(iii) Are not professional squatters or members of a squatting syndicate as defined inthe Urban Development and Housing Act of 1992.
167. Although the IRR of R.A. 10752 provides a fourth condition, “Must not occupy an existinggovernment ROW”, this is not included in the Act.
c. Expropriation
168. Section 6(b) of R.A. 10752 and Section 7 of the IRR, states that for expropriationcases, the Implementing Agency is mandated to deposit to the court the following upon filing ofthe expropriation complaint:
(i). 100% of the Bureau of Internal Revenue (BIR) zonal value of the land,(ii). Replacement cost of structures and improvements, as determined by the IA,
appraised by a Government Financial Institution (GFI) with adequateexperience in property appraisal or an Independent Property Appraiser (IPA),and
(iii). Current market value of crops and trees within the property (as determined bythe GFI or IPA).
169. In cases wherein the completion of the government infrastructure project is of utmosturgency and importance, R.A. 10752 allows for the expeditious processing for areas wherethere is no zonal classification or where the zonal valuation has been enforced for more thanthree years. In such cases, the IA will use the BIR zonal value and land classification of similarlands in the adjacent vicinity as basis for valuation.
170. The law obliges the court to determine the just compensation to be paid to the ownerwithin 60 days from the date of the filing of the expropriation case. The difference between thedeposited payment and just compensation adjudged by the court has to be paid by the agencywhen the court’s decision becomes final and executory
d. Payment of Taxes
171. If requested by the property owner, the IA can remit to the concerned LGU any unpaidreal property tax, provided that its amount is not more than the value offered of the subjectproperty. Said remittance will be deducted from the total negotiated price.
172. Under negotiated sale, the IA pays for the account of the seller, the capital gains tax, aswell as the documentary stamp tax, transfer tax, and registration fees. The property owner paysany unpaid real property tax.
173. Under expropriation proceedings, the IA pays the documentary stamp tax, transfer tax,and registration fees, while the owner pays the capital gains tax and any unpaid real propertytax.
e. Payment Terms
174. Section 5(f) of R.A. 10752, states the IA will pay the property owner upon execution ofthe Deed of Sale:
(i). 50% of the negotiated price of the affected land (exclusive of unpaid taxesremitted to the LGU), and
(ii). 70% of the negotiated price of the affected structures, improvements,crops and trees (exclusive of unpaid taxes remitted to the LGU) uponexecution of the deed of sale.
175. Section 5(g) of R.A. 10752, states the remaining payment for the affected property willbe as follows:
(i). For land, the remaining 50% of the negotiated price of the affected land will bepaid, exclusive of unpaid taxes remitted to the concerned LGU (if any):
At the time of transfer of title in the name of the Republic of thePhilippines, in cases where the land is wholly affected; or
At the time of the annotation of a deed of sale on the title, in caseswhere the land is partially affected.
(ii). For affected structures, improvements, crops and trees, the remaining 30%will be compensated, exclusive of unpaid taxes remitted to the concerned LGU(if any), if the land is already completely cleared of such structures,improvements, crops and trees.
f. Easement Agreement
176. Section 10 of R.A. 10752, states that if a portion of lot needed for the ROW is minimal –that the cost for surveying or segregating the portion from the main lot would be greater than thevalue of the lot needed – then the IA may, if the property owner agrees, resort to the mode ofEasement of ROW provided under the Civil Code. 177. A ROW easement agreement can be executed between the property owner and the IA –with the former granting the latter the right to use the affected portion of the lot as ROW, and theowner retaining ownership of the land. Under such cases, the IA will pay the owner thefollowing:
(i). Value for the portion of the lot based on the existing zonal value declaredby the BIR; and
(ii). Value of the structures and improvements on land based on replacementcost.
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178. The IA will be responsible for the registration of the ROW easement agreements with theRegister of Deeds within 10 days from the date of execution, with the Registry of Deedsrequired to annotate on the Titles the agreements within seven days from receipt of theregistration
g. Government Appropriation
179. Section 10 of R.A. 10752 stipulates that the government shall provide adequateappropriations that will allow implementing agencies to acquire the required ROW for thenational government infrastructure projects in advance of the project implementation. Thisincludes the following:
(i) Cost for parcellary surveys and appraisal of project-affected properties;
(xiii) Compensation for project-affected land, structures and improvements, crops andtrees;
(xiv) Cost of development and implementation of resettlement projects includingplanning, social preparation, and other activities under the RAP; and
(xv) Related expenses of the IA, including capital gains tax in the case of negotiatedsale, documentary stamp tax, transfer tax, and registration fees for the transfer oftitles, and other relevant administrative expenses for ROW management.
180. Section 15c of the IRR of R.A. 10752 provides a more detailed description of the thirdbullet. It states that where necessary, cost of implementation of resettlement projects mayinclude land development and housing construction, provision of basic services and communityfacilities, livelihood restoration and improvement14, and other activities under RAP incoordination with concerned government agencies.
h. Acquisition of Subsurface Right of Way
181. Section 4 of the R.A. 10752, provides guidelines that when it is necessary to build,construct, or install on the subsurface or subterranean portion of private and government ownedlands owned, occupied or leased by other persons, such infrastructure as subways, tunnels,underpasses, waterways, floodways, or utility facilities as part of the government's infrastructureand development project, the government or any of its authorized representatives shall not beprevented from entry into and use of such private and government lands by surface owners oroccupants, if such entry and use are made more than fifty (50) meters from the surface.
182. The IA shall duly consult with and notify the affected property owners of any acquisitionof subsurface right of way needed for the infrastructure projects. The easement price providedby the IRR for R.A. 10752 is 20% of the market price of the land.
183. If the national government project involves underground works within a depth of fifty (50)meters from the surface, the IA may undertake the mode of acquisition in the following order:
(i) Negotiate with the property owner a perpetual easement of ROW for thesubterranean portions of his property required by the project; and
(xvi) Offer to acquire from the property owner the affected portion of the land, including the affectedstructures, improvements, crops and trees therein in accordance with the provisions of the Act.
14 As of now, there is no standard or guidelines for livelihood restoration and improvement as they relate to losses that come from land acquisition.
9. Republic Act No. 7279 (Urban Development and Housing Act of1992)
184. The law stipulates that it is the policy of the state, in coordination with the private sector,to uplift the conditions of the underprivileged and homeless citizens in urban areas and inresettlement areas by making available decent housing at affordable cost, basic services, andemployment opportunities. Socialized housing encompasses housing programs and projectscovering houses or home lots for the homeless and underprivileged and provision of basicservices and facilities. This shall be provided by LGUs or the National Housing Agency (NHA) incooperation with the private developers and concerned agencies.
185. Section 5 of R.A. 7279 and Sections 3.1, and 6.6 of its Annex. The Guidelines for theInventory and Identification of Lands and Sites for Socialized Housing state that lands orportions thereof, set aside for government offices, facilities, and other installations, whetherowned by the National Government, its agencies and instrumentalities, including government-owned or controlled corporations, or by the LGUs, but which have not been used for thepurpose for which they have been reserved or set aside for the past 10 years from the effectivityof the act (i.e., as of 2002) shall be covered by the act. As such, these areas, when identified assuitable for socialized housing, shall immediately be transferred to the NHA, subject to theapproval of the President of the Philippines, or by the LGU concerned, as the case may be, forproper disposition with the act. Section 6.3 of the act’s annex sets the following criteria to beused for evaluating the suitability of sites for socialized housing:
(i) To the extent feasible, socialized housing and resettlement projects shall belocated in new areas where employment opportunities are available;
(xvii) Priority shall be given to areas where basic services and facilities arealready existing or where they can be introduced within a very short time;
(xviii) Transportation costs to workplaces and other services should beaffordable considering that the target beneficiaries are the homeless andunderprivileged;
(xix) The site shall not require excessive levelling, cutting, and filling. Sites requiringexcessive engineering works shall be avoided. Likewise, sites on steep slopesand/or weak soil foundation shall not be considered;
(xx) Environmentally critical areas like those that are flood prone or earthquake zonesor areas near rivers and canals shall be avoided;
(xxi) Compatibility with existing zoning;
(xxii) Financial feasibility and viability where land valuation offer is low; and
186. Tenurial status must be ascertained. Section 8 of the R.A. 7279 and its Annex Amandated all LGUs in coordination with the NHA, the Housing and Land Use Regulatory Board(HLURB), the National Mapping and Resource Information Authority (NAMRIA), and the LandManagement Bureau (LMB) of the Department of Environment and Natural Resources (DENR)to identify lands for socialized housing and resettlement areas for the immediate and futureneeds of the underprivileged and homeless in the urban areas.
187. Section 10 of the R.A. 7279, states that the land acquisition may be acquired throughthe following modes: community mortgage, land swapping, land assembly or consolidation,donation, joint-venture agreements, negotiation, or expropriation, which should be resorted toonly when other options have been exhausted.
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188. Section 16 of the R.A. 7279 states that the following are eligible beneficiaries forsocialized housing:
(i) Must be a Filipino citizen,
(xxiii) Must be underprivileged and homeless (i.e., those whose total householdincome is below the poverty threshold as defined by the National Economicand Development Authority (NEDA)
(xxiv) Must not own any real property whether in urban or rural areas, and
(xxv) Must not be a professional squatter or member of any squatting syndicate.
189. In the same Act, Professional Squatter and Squatting Syndicate are defined as follows:
(i) Professional Squatter. It refers to individuals or groups who occupy landswithout the express consent of the landowner and who have sufficient incomefor legitimate housing. The term shall also apply to persons who havepreviously been awarded home lots or housing units by the Government butwho sold, leased or transferred the same to settle illegally in the same place orin another urban area and non-bona fide occupants and intruders or landsreserved for socialized housing. The term shall not apply to individuals orgroups who simply rent land and housing from professional squatters orsquatting syndicate.
(xxvi) Squatting Syndicate. It refers to groups of persons engaged in the businessof squatter housing for profit or gain.
190. Section 28 of the R.A. 7279 stipulates that eviction or demolition as a practice shall bediscouraged. However, it may be allowed under the following conditions:
(i) When persons or entities occupy danger areas such as esteros, railroadtracks, garbage dumps, riverbanks, shorelines, waterways, and other publicplaces such as sidewalks, roads, parks, and playgrounds;
(xxvii) When government infrastructure projects with available funding are about tobe implemented; or
(xxviii) When there is a court order for eviction and demolition.
191. In the execution of the above Section 28, the following shall be mandatory:
(i) Notice upon the affected persons or entities at least 30 days prior to date ofeviction and demolition;
(xxix) Adequate consultations on the matter of resettlement with the duly designatedrepresentatives of the families to be resettled and the affected communities inthe areas where they are to be relocated;
(xxx) Presence of local government officials or their representatives during evictionor demolitions;
(xxxi) Proper identification of all persons taking part in the demolition;
(xxxii) Execution of eviction or demolition only during regular office hours fromMondays to Fridays and during good weather, unless the affected familiesconsent otherwise;
(xxxiii) No use of heavy equipment for demolition except for structures that aremade of concrete/hard materials;
(xxxiv) Proper uniforms for members of the Philippine National Police who shalloccupy the first line of law enforcement and observe proper disturbancecontrol procedures; and
(xxxv)Adequate relocation, whether temporary or permanent; provided however, thatin cases of eviction and demolition pursuant to a court order involvingunderprivileged and homeless citizens, relocation shall be undertaken by theLGU concerned and the NHA with assistance of other government agencieswithin 45 days from service of notice of final judgement by the court, afterwhich period the said order shall be executed; provided further that shouldrelocation not be possible within the said period, financial assistance in theamount equivalent to the prevailing minimum daily wage multiplied by 60 daysshall be extended to the affected families by the LGU concerned.
10. Republic Act No. 11201 (Department of Human Settlements andUrban Development Act of 2019)
192. The act and its IRR were signed by the President in February and July 2019respectively, and the full implementation is slated for January 2020. The act stipulates thecreation of the Department of Human Settlements and Urban Development (DHSUD) with theintention of consolidating the Housing and Urban Development Coordinating Council (HUDCC)and the HLURB.
193. According to the act, DHSUD shall act as the primary national government entityresponsible for the management of housing, human settlement, and urban development. It shallbe the sole and main planning and policymaking, regulatory, program coordination, andperformance monitoring entity for all housing, human settlement, and urban developmentconcerns, primarily focusing on the access to and the affordability of basic human needs. It shallalso develop and adopt a national strategy to immediately address the provision of adequateand affordable housing to all Filipinos and ensure the alignment of the policies, programs, andprojects of all its attached agencies to facilitate the achievement of this objective.
194. When it comes to its attached agencies, DHSUD will exercise administrative supervisionover the following housing agencies, which shall remain to be attached for purposes of policyand program coordination, monitoring, and evaluation:
(i) NHA;
(xxxvi) Home Guaranty Corporation (HGC);
(xxxvii) National Home Mortgage and Finance Corporation (NHMFC);
(xxxviii) Home Development Mutual Fund (HDMF); and
(xxxix) Social Housing Finance Corporation (SHFC).
195. The attached agencies will continue to function according to existing laws and theirrespective charters.
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11. Republic Act No. 7160 (Local Government Code of 1991)
196. This Code establishes the system and defines powers of provincial, city, municipal andbarangay governments in the Philippines. Relevant sections include:
197. Section 2(c) of R.A. 7160 stipulates the policy of the state to require all nationalagencies and offices to conduct periodic consultations with appropriate LGUs, non-governmental and people's organizations, and other concerned sectors of the community beforeany project or program is implemented in their respective jurisdictions.
198. Section 17(b) of R.A. 7160 states that LGUs shall exercise such other powers anddischarge such other functions and responsibilities as are necessary, appropriate, or incidentalto the efficient and effective provision of basic services and facilities. Provincial LGUs aremandated to provide such basic services and facilities except for housing projects funded by theSocial Security System (SSS), Government Service Insurance System (GSIS), and the HDMF.
199. Section 17(c) of R.A. 7160 provides that public works and infrastructure projects andother facilities funded by the national government under the annual general appropriations act,other special laws, pertinent executive orders, and those wholly or partially funded from foreignsources, are not covered under Section (b), as described above, except in those cases wherethe LGU concerned is duly designated as the IA for such projects, facilities, programs, andservices.
200. Section 19 of R.A. 7160, an LGU, through its chief executive and acting pursuant to anordinance, may exercise the power of eminent domain for public use, or purpose, or welfare forthe benefit of the poor and the landless upon payment of just compensation, pursuant to theprovisions of the Constitution and pertinent laws. Provided, however, that the power of eminentdomain may not be exercised unless a valid and definite offer has been previously made to theowner, and such offer was not accepted.
201. Further, the LGU may immediately take possession of the property upon the filing of theexpropriation proceedings and upon making a deposit with the proper court of at least fifteenpercent (15%) of the fair market value of the property based on the current tax declaration of theproperty to be expropriated: Provided, finally, that, the amount to be paid for the expropriatedproperty shall be determined by the proper court, based on the fair market value at the time ofthe taking of the property.202. Section 20(a) of R.A. 7160 states that of the city or municipality may, through anordinance passed by the Sanggunian after conducting public hearings for the purpose,authorize the reclassification of agricultural lands and provide for the manner of their utilizationor disposition in the following cases:
(i) When the land ceases to be economically feasible and sound for agriculturalpurposes as determined by the Department of Agriculture (DA); or
(xl) Where the land shall have substantially greater economic value for residential,commercial, or industrial purposes, as determined by the Sanggunianconcerned.
203. Provided, that such reclassification shall be limited to the following percentage of thetotal agricultural land area at the time of the passage of the ordinance:
(i) For highly urbanized and independent component cities, fifteen percent (15%);
(xli) For component cities and first to third class municipalities, ten percent (10%);and
(xlii) For fourth to sixth class municipalities, five percent (5%): Provided, further,that agricultural lands distributed to agrarian reform beneficiaries pursuant toR.A. No. 665715, otherwise known as "The Comprehensive Agrarian ReformLaw", shall not be affected by the said reclassification and the conversion ofsuch lands into other purposes and shall be governed by Section 65 of saidAct.
204. Section 20(c) of R.A. 7160 states that the LGUs shall, in conformity with existing laws,continue to prepare their respective comprehensive land use plans enacted through zoningordinances which shall be the primary and dominant bases for the future use of land resources.The requirements for food production, human settlements, and industrial expansion shall betaken into consideration in the preparation of such plans.
205. Section 27 of R.A. 7160 provides that no project or program shall be implemented bygovernment authorities unless the consultations mentioned in Sections 2(c) above are compliedwith, and prior approval of the Sanggunian concerned is obtained. Provided that occupants inareas where such projects are to be implemented shall not be evicted unless appropriaterelocation sites have been provided, in accordance with the provisions of the Constitution.
12. Republic Act No. 386 (Civil Code of the Philippines)
206. Title VII of R.A. 386, provides methods for acquiring and extinguishing easements orservitudes.
207. Article 613 defines an easement or servitude as an encumbrance imposed upon animmovable for the benefit of another immovable belonging to a different owner. Further thesection states that the immovable in favor of which the easement is established is called thedominant estate, and that, which is subject thereto the servient estate. For example, this sectionof the Civil Code is relevant to ROW acquisition when the government (i.e., the dominant estate)can require easements due to new public infrastructure. This can impose restrictions to owners(i.e., the servient estate) on land use, as the owner is required to allow perpetual use of portionsof his/her land for public purpose. 208. R.A. 386 provides definitions and guidelines that are relevant to this legal framework asenumerated below:
a. Chapter 1 – Easements in General, Sections 1-4
(i) Article 615 - Continuous easements are those the use of which is or may beperpetual, without the intervention of any act of man.
(xliii) Article 617 - Easements are inseparable from the estate to which they activelyor passively belong.
15 R.A. No. 6657 enacted in 1988 is an Act instituting a comprehensive agrarian reform program to promote socialjustice and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture. Tothis end the State encourages and undertakes the just distribution of all agricultural lands, subject to the priorities andretention limits set forth in the Act.
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(xliv) Article 618 - Easements are indivisible. If the servient estate is dividedbetween two or more persons, the easement is not modified, and each of themmust bear it on the part which corresponds to him.
(xlv) Article 625 - Upon the establishment of an easement, all the rights necessaryfor its use are considered granted.
(xlvi) Article 626 - The owner of the dominant estate cannot use the easementexcept for the benefit of the immovable originally contemplated. Neither canthe owner exercise the easement in any other manner than that previouslyestablished.
(xlvii) Article 629 - The owner of the servient estate cannot impair, in any mannerwhatsoever, the use of the servitude.
(xlviii)Article 630 - The owner of the servient estate retains the ownership of theportion on which the easement is established and may use the same in such amanner as not to affect the exercise of the easement.
(xlix) Article 631(5) - Easements are extinguished by the renunciation of the ownerof the dominant estate.
b. Chapter 2 – Legal Easements, Sections 1 and 3
(i) Article 634 - Easements imposed by law have for their object either public useor the interest of private person.
(l) Article 635 - All matters concerning easements established for public orcommunal use shall be governed by the special laws and regulations relatingthereto.
(li) Article 649 - Should the easement be established in such a manner that itsuse may be continuous for all the needs of the dominant estate, establishing apermanent passage, the indemnity shall consist of the value of the landoccupied and the amount of the damage caused to the servient estate.
(lii) Article 654 - If the ROW is permanent, the necessary repairs shall be made bythe owner of the dominant estate. A proportionate share of taxes shall bereimbursed by said owner to the proprietor of the servient estate.
13. Republic Act No. 8371 (Indigenous Peoples Rights Act of1997)
209. The act defines the identity and entitlements of IP, as also their rights and remediesavailable under national law to protect their interests. The Indigenous Peoples Rights Act (IPRA)was a landmark law, not only for recognition of the rights of IP in the Philippines but also as amilestone in recognition of the rights of IP globally. Involuntary resettlement triggers may occurwithin ancestral domains. The IPRA sets conditions, requirements, and safeguards for plans,programs, and projects affecting IP communities. The important provisions of the IPRA are:
(i) Right to the indigenous communities’ ancestral domains (Chapter III, Section 11);
(liii)Right to informed and intelligent participation in the formulation andimplementation of any project, government or private, that will impact upon theirancestral domains (Chapter III, Section 7b).
210. Section 59 of the IPRA, entitled, “Certification Precondition” states that all departmentsand other governmental agencies are strictly enjoined from issuing, renewing, or granting any
concession, license or lease, or entering into any production-sharing agreement, without priorcertification from the National Commission on Indigenous People (NCIP) proving that the areaaffected does not overlap with any ancestral domain. Such certification shall only be issued afterfield-based investigation (FBI) is conducted by the Ancestral Domains Office (ADO) of the areaconcerned. If the area does overlap with an ancestral domain, the NCIP Administrative Order(A.O.) No. 3, Series of 2012, the revised guidelines on free and prior informed consent (FPIC)and related processes are required to be followed.
14. Republic Act No. 9679 (Home Development Mutual FundLaw of 2009)
211. The HDMF is also known as Pag-IBIG (Pagtutulungan sa Kinabukasan: Ikaw, Bangko,Gobyerno) Fund. The Pag-IBIG Fund is a mutual provident savings system, which is primarilyintended for shelter financing among its members. Section 10 states that the Fund shall beprivate in character, owned wholly by the members, administered in trust and appliedexclusively for their benefit. Section 6 of the act provides that membership in the Fund shall bemandatory upon all employees covered by the SSS and the GSIS, and their respectiveemployers. However, the coverage of employees whose monthly compensation is less than fourthousand pesos (PhP4,000.00) is on a voluntary basis.
212. Section 13 (d) and (e) mandates Pag-IBIG Fund to invest not less than 70% of itsinvestible funds to housing, and to acquire, utilize, or dispose of, in any manner recognized bylaw, real or personal properties to carry out the purpose of the Act, respectively.
15. Republic Act No. 6389 (Agricultural Land Reform Code of 1971)
213. The Act concerns agrarian reforms in the Philippines and aims to establish cooperativeorganizations and increase agricultural productivity and farm income through a system ofproduction, processing, marketing, distribution, credit and services (Section 2). It amendedcertain provisions of the previous legislation on land reform (R.A. 3844). Under Section 7 of theamendment, agricultural lessees are entitled to receive disturbance compensation equivalent tofive times the average gross harvests on his/her landholding during the last five precedingcalendar years if dispossession has been authorized by the Court in a judgement that is finaland executory, if after due hearing it is shown that the lessor-owner or a member of his/herimmediate family will personally cultivate or convert the landholding into other useful non-agricultural purposes, thus depriving the lessee to continue possession and usage of land. Thisstatute mentions compensation payment to agricultural lessees who will lose their source oflivelihood due to dispossession of leased land.
16. Commonwealth Act no. 141 (Public Land Act of 1936)
214. Section 12 of C.A. 141, states that any citizen of the Philippines over the age ofeighteen years, or the head of a family, who does not own more than 24 hectares (ha) of land inthe Philippines or has not had the benefit of any gratuitous allotment of more than 24 ha of landsince the occupation of the Philippines by the United States, may take possession of land uponthe approval of the Director of Lands and payment of entry fee. The applicant is mandated towork for the homestead within six (6) months from the date of the approval of the application;otherwise, he/she shall lose his/her prior right to the land. Further, no certificate shall be givenor patent issued for the land applied for until at least one-fifth of the land has been improved andcultivated. Cultivation should be for a period of not less than one year from, or more than fiveyears after the date of the approval of the application. To obtain a patent (title), the applicant
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must show proof that he/she has been residing continuously for at least one (1) year in themunicipality in which the land is located, or in a municipality adjacent to the same, and hascultivated at least one-fifth of the land continuously since the approval of the application, andmake affidavit that no part of the said land has been alienated or encumbered.
215. Section 112 of C.A. 141, provides that lands awarded by virtue of this Act shall furtherbe subject to a ROW not exceeding 60 meters (m) in width for public highways, railroads,irrigation ditches, aqueducts, telegraph and telephone lines and similar works as theGovernment or any public or quasi-public service or enterprise, including mining or forestconcessionaires, may reasonably require for carrying on their business, with damages for theimprovements only.
216. Presidential Decree 635 issued in 1975, amended Section 112 of C.A. 141 byincreasing the width of the reserved strip of 20 to 60 m. Under Section 7 of the IRR for R.A.10752, it states that if the government decides to exercise its right to use the ROW stripreserved for public use within the land acquired under C.A. No. 141, the owner is required toexecute a quit claim. Only improvements will be compensated.
17. Republic Act No. 6685 (December 1988) An Act RequiringPrivate Contractors to Whom National, Provincial, City and MunicipalPublic Works Projects have been Awarded under Contract to Hire atLeast Fifty Percent of the unskilled and at Least Thirty Percent of theSkilled Labor Requirements to be Taken from the Available Bona FideResidents in the Province, City or Municipality in which the Projectsare to be Undertaken, and Penalizing those who Fail to do so
217. The Act requires private contractors to whom national, provincial, city, and municipalpublic works projects have been awarded under contract to hire at least 50% of the unskilledand at least 30% of the skilled labor requirements to be taken from available bona fide residentsin the province, city or municipality concerned in which the projects are to be undertaken,penalizing those who fail to do so. Under Section 1 of R.A. 6685, national and local public worksprojects funded by either the national government or local government including foreign-assisted projects must hire at least 50% of the unskilled and 30% of the skilled laborrequirements from bona fide and actual residents in the province, city and municipalityconcerned who are ready, willing, and able, as determined by the governor, city mayor, ormunicipal mayor concerned. In areas where the number of available resources is less than therequired percentages provided in this act, the said requirements shall be based on themaximum number of locally available labor resources, which shall be certified by municipal, city,provincial, or district engineers in sufficient compliance with labor requirements under this Act.
18. Republic Act No. 9994 (Expanded Senior Citizen Act, February2010)
218. The act grants additional benefits and privileges to senior citizens to maximize thecontribution of senior citizens for nation-building and other purposes. Section 3 of R.A. 9994defines senior citizens or the elderly as any resident citizen of the Philippines at least sixty (60)years old. Section 5 of the same act provides the establishment of special housing units for theelderly under its national shelter program.219. Republic Act No. 7277 (Magna Carta for Disabled Persons, March 1992) as Amendedby R.A. 9442. The Act as also known as the Magna Carta for Disabled Persons, grants the
rights and privileges for persons with disability (PWDs) to ensure their rehabilitation, self-development, and self-reliance. Section 4 of the Act provides the following definitions:
(i) PWDs are those suffering from the restriction of different abilities, as a result of amental, physical, or sensory impairment, to perform an activity in the manner ofwithin the range considered normal for a human being; and
(liv)Marginalized persons with disability refer to PWDs who lack access torehabilitative services and opportunities to be able to participate fully in socio-economic activities and who have no means of livelihood or whose incomes fallbelow the poverty threshold.
19. Batas Pambansa 220 (June 1982)
220. The act authorizes the Ministry of Human Settlements to establish and promulgatedifferent levels of standards and technical requirements for economic and socialized housingprojects in urban and rural areas.16 Section 1 of Batas Pambansa 220 declares a policy of thegovernment to promote and encourage the development of economic and socialized housingprojects for the average and low-income earners in urban and rural areas.
221. Section 2 of the act defines economic and socialized housing units as those which arewithin the affordable level of the average and low-income earners which is 30% of the grossfamily income as determined by the NEDA from time to time.
20. Presidential Decree No. 1096 (National Building Code of thePhilippines, February 1977)
222. The decree revises R.A. 6541 to conform to development goals and infrastructureprograms of the government and adequately provide for all technological requirements ofbuildings and structures in terms of the up-to-date design and construction standards andcriteria.
223. It states the policy of the state to safeguard life, health, property, and public welfare,consistent with the principles of sound environmental management and control. To this end, inaddition, the Decree aims to provide for all buildings and structures, a framework of minimumstandards and requirements to regulate and control their location, site, design, and quality ofmaterials, construction, use, occupancy, and maintenance.
21. Republic Act No. 8424 (The National Internal Revenue Code of1997)
224. This Act sets policies on tax treatment of real property transaction for purposes offacilitating their registration with the Register of Deeds and the Assessor’s Office of localgovernment units. Specifically, the Act describes the imposition of tax on capital gainspresumed to have been realized from the sale, exchange or disposition of real propertyclassified as capital asset. Similarly, if the asset is classified as ordinary asset, the income fromsuch sale is subject to ordinary income tax.
16 Functions of the Ministry of Human Settlements were transferred by virtue of E.O. 90 Series of 1986, creating theHUDCC and abolishing the Ministry of Human Settlements.
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T. Executive/Administrative/Department Orders
1. Executive Order No. 1035, Series of 1985
225. This E.O. 1035 provides the procedures and guidelines for expeditious acquisition by thegovernment of private real properties or rights thereon for infrastructure and other governmentdevelopment projects. Financial assistance to displaced tenants/farmers, equivalent to theaverage annual gross harvest for the last three (3) years and not less than PhP 15,000 per ha.Provision of financial assistance for the portion subject to the reservation under Section 112 ofC.A. 141 on land acquired under C.A. 141 (for original patent holders only). Under C.A. 141, theROW strip not exceeding 20 m in width within the land acquired under the law, or 60 m (underP.D. 635) is reserved for public use. This shall be over and above compensation for affectedportions of structures and improvements therein.
2. Executive Order No. 48, Series of 2001
226. This E.O. declares non-core properties of the Philippine National Railways (PNR) (i.e.,those outside the boundaries of railroad tracks and not utilized for railroad purposes) associalized housing sites and provides for the disposition of the same to bona fide occupantsthrough the HUDCC/DHSUD.
22. Executive Order No. 708, Series of 2008
227. E.O. 708, Series of 2008 amended E.O. 152, Series of 2002 and devolved the functionof the PCUP as the clearing house for the conduct of demolition and eviction activities involvingthe homeless and underprivileged citizens to respective LGUs with territorial jurisdiction over theproposed demolition and eviction activities of government agencies.
228. In relation to this, the LGUs were also ordered to create the Local Housing Board (LHB)or any similar body through an appropriate ordinance before conducting the clearing housefunctions granted to them in the E.O. The Presidential Commission for the Urban Poor (PCUP)shall continue its monitoring and reporting functions including Sub-section 4-11 of Section 1 andSection 9 of E.O. 152 as follows:
(i) Investigate motu proprio or upon complaint by any party and any violation of theprovisions of Section 28 of R.A. 7279 or its IRR;
(lv) File motu proprio or by way of assistance to any aggrieved party and theappropriate criminal, civil or administrative case against any person or personsfound to have violated the provisions of Section 28 of R.A. 7279 or its IRR;
(lvi)Recommend to the President appropriate measures for the implementation andenforcement of Section 28 of R.A. 7279 and its IRR including possibleadministrative sanctions against national or local government officials who haveviolated the said law, rules, and regulations;
(lvii) Request any government agency for assistance and necessary information in thedischarge of their respective functions under this Order;
(lviii) Publicize matters covered by its investigation of violations of theprovisions of Section 28 of R.A. 7279 or its IRR, when circumstances so warrantand with due prudence: Provided, however, that PCUP shall, under the rules andregulations it shall hereafter promulgate and determine what cases may not be
made public: Provided, further, that any publicity issued by PCUP shall bebalanced, fair, and true;
(lix)Administer oaths, issue subpoena and subpoena duces tecum, and take thetestimonies of witnesses in the course of its investigation;
(lx) Adopt its own operational guidelines and rules of procedures as well as rules andregulations not otherwise inconsistent with existing laws, rules, and regulations, toeffectively carry out its mandate; and
(lxi)Perform such other function as may hereafter be provided by law or executiveissuance.
23. Executive Order No. 69, Series of 2012
229. The E.O. provides for the transfer of PCUP to the Office of the President to effectivelycoordinate, formulate, and evaluate policies and programs concerning the urban poor. The E.O.also provides the following functions and power to PCUP:
(i) Conduct of social preparation activities related to asset reforms, human development,and basic social services, employment and livelihood, and other programs of the government forthe urban poor; and
(lxii) Representation in the HUDCC, key shelter agencies (KSAs), and the LHB.
24. DOTr Department Order No. 2013-05
230. The Department Order (D.O.) specifies the composition of the Technical WorkingCommittee (TWC) for site acquisition/ROW for the department’s infrastructure projects.
25. BIR Revenue Regulations 2-98
231. These prescribe the regulations to implement RA No. 8424 relative to the Withholding onIncome subject to the Expanded Withholding Tax and Final Withholding Tax, Withholding ofIncome Tax on Compensation, Withholding of Creditable Value- Added Tax and OtherPercentage Taxes
26. HUDCC Resolution No. 1, Series of 2018
232. The resolution by the HUDCC sets up a new price ceiling for socialized subdivisionprojects as indicated in Table IV -72.
Table IV-72: Price Ceiling for Socialized Subdivision ProjectsPrice Ceiling Floor Area
PhP480,000 22 square meters (m2) with loft of at least 50% of the base structure; or 24 m2
PhP530,000 24 m2 with loft of at least 50% of the base structure; or 28 m2
PhP580,000 28 m2 with loft of at least 50% of the base structure; or 32 m2
27. HUDCC Resolution No. 2, Series of 2018
233. The resolution by the HUDCC sets up a new price ceiling for socialized condominiumproject as indicated in Table IV -73.
Table IV-73: Price Ceiling for Socialized Condominium Projects
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Area Price ceiling Floor AreaFor the National Capital Region (NCR); San Jose Del Monte City in Bulacan Province; Cainta and Antipolo in Rizal Province; San Pedro City in Laguna Province; and Carmona and Cities of Imus and Bacoor in Cavite Province.
PhP700,000 22 m2
PhP750,000 24 m2
For other areas PhP600,000 22 m2
PhP650,000 24 m2
U. Relevant Manuals, Policies and Memorandum Circulars
1. DOTr Right-of-Way and Site Acquisition Manual (ROWSAM)
234. The DOTr as the IA is mandated by R.A. 10752 through Section 18 of its IRR to producean agency manual of procedures for ROW acquisition. As of March 2018, accordingly, the DOTrproclaimed D.O. 2018-005 stipulating that all implementing offices concerned shall be directedto adopt and use the DOTr's Right-of-Way and Site Acquisition Manual (ROWSAM).
235. ROWSAM was developed to provide clear and specific operational guidelines on ROWacquisition. It aims to guide the DOTr staff on legal processes and procedures necessary toacquire and clear private and public lands required for the construction and operation of publictransport infrastructure regardless of funding sources. Further, it outlines the land acquisitionrequirements necessary for planning, developing, and implementing land acquisition necessaryfor the development, construction, and operation of transportation projects.
236. The ROWSAM also mentions about the importance of due diligence and the DOTr’score values that must be applied in every step of the ROW acquisition process as below.
(i) We value integrity and honesty. We practice what we say, formulate policies,programs and projects and properly use resources attuned with the DOTr Missionand Vision.
(lxiii) We are competent. We constantly search for and apply new ideas, technologies and practice toimprove the delivery of services to our stakeholders.
(lxiv) We do right things at the right time with the right attitude and behavior. We provide ourstakeholders and the general public access to relevant information.
(lxv) We value and treat our stakeholders with utmost respect and care.
(lxvi) We, the members of the DOTr family, work as a team to attain common goals and objectives.
(lxvii) We commit everything to God for the continuous advancement of this Department and thenation as a whole.
28. DPWH Right-of-Way Acquisition Manual (DRAM)
237. For this project, the DOTr is adopting the Department of Public Works and HighwaysRight-of-Way Acquisition Manual (DRAM) as a general guide in the implementation of theimproved ROW process. Differences between the DRAM procedures and requirements specificfor this project are set out in the gap matrix in this chapter, in the entitlement matrix andimplementation arrangements described elsewhere in the RAP. The DRAM was developed incompliance with Section 18 of the IRR, of R.A. 10752, which prescribes that, to provide clear,specific, and operational guidelines for the efficient acquisition of ROW for its infrastructure
projects, each implementing agency (IA) shall prepare and implement its own “Manual ofProcedures for ROW Acquisition.” The DRAM covers the entire ROW acquisition processincluding the following:
(i) Project feasibility study with environmental impact assessment;
(lxviii) Preparation of preliminary ROW action plan with property appraisal;
(lxix) Provision of appropriations in the General Appropriations Act (GAA);
(lxx) Detailed design (DD) including parcellary surveys and preparation of the finalRAP;
(lxxi) RAP validation;
(lxxii) Actual ROW acquisition through donation, negotiation, expropriation, andother modes;
(lxxiii) Payments to property owners;
(lxxiv) Transfer of title to the Republic of the Philippines;
(lxxv) Clearance of the ROW, and
(lxxvi) Management of the ROW.
238. The DRAM is also intended to be a reference for property owners and other affectedpersons (APs) on the requirements and procedures to be followed to facilitate the ROWacquisition, while ensuring that they obtain due process and fair compensation. It will also guideother concerned government entities including the Office of the Solicitor General (OSG), theBureau of Internal Revenue (BIR), the housing agencies, the DENR, LGUs, and the courts,among others as well as official development assistance (ODA) agencies, on the ROW aspectsthat entail their active participation. Finally, it shall also serve as guide for government financinginstitution (GFIs) and independent property appraisers (IPAs) in determining the appropriateprice offers to property owners affected by the ROW acquisition.
239. The DRAM consists of the main volume and the appendix volume. In the main volume,the manual presents and discusses the workflow chart, objective, lead persons, support entities,overview, and procedures. The appendix volume provides the pertinent laws, rules, regulations,department orders, template forms, agreements, and reports.
29. Land Acquisition, Resettlement, Rehabilitation andIndigenous Peoples’ Policy, 2007
240. Prior to the DRAM, the policy and guidelines of the Department of Public Works andHighways (DPWH) on resettlement were expressed in the Infrastructure ROW (IROW)Procedural Manual (April 2003) and the Land Acquisition, Resettlement, Rehabilitation, andIndigenous People’s Policy (LARRIPP) (3rd edition in April 2007).
241. The LARRIPP indicates that social impacts of infrastructure projects should be avoided,minimized and/or mitigated. APs should be provided with sufficient compensation in order toensure that their standard of living prior to the project should be maintained or improved. Projectstakeholders should also be consulted regarding the project’s design, implementation, andoperation.
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30. NHA Memorandum Circular No. 2427 amended by M.C.2017-014
242. NHA M.C. 2427 s. 2012 Amended by M.C. 2017-014 Amendment to Section III,3.4cserves as an enabler and facilitator in the housing delivery process under R.A. 7279, the NHAissued the revised guidelines for the implementation of the resettlement assistance program forLGUs. The guidelines were designed to enhance the capabilities of LGUs outside Metro Manilato provide housings for informal settlers requiring relocation and resettlement. Targetbeneficiaries include families displaced or to be displaced from sites earmarked for governmentinfrastructure projects. As partners of the program, the NHA will (i) provide technical assistanceto LGUs in preparing project plans and formulating policies and guidelines in implementingresettlement projects and (ii) contribute funds (in the form of grants) for the development ofresettlement sites. The LGUs, on the other hand, shall (i) contribute land for the project and (ii)be the lead project implementer with overall responsibilities for the operation and managementof the resettlement projects to include the preparation of overall project plans, site developmentand housing plans, beneficiary selection, and the relocation of families and estate management.
31. NHA Memorandum Circular No. 015, amended by M.C.2017-020
243. NHA M.C. 015, s. 2015 Amended by M.C. 2017-020 Annex E provides the guidelinesfor site selection, site suitability, and site planning in the implementation of various housingdevelopment programs and projects of the NHA. It also entails the selection and planning ofsites for housing with the objective of rationalizing the land use of NHA housing projectsconsidering the many environmental and social issues on housing development vis-à-vis theexisting government rules and regulations.
32. NHA Memorandum Circular No. 014, Series of 2018
244. NHA M.C. 014, s. 2018 entitled “Revised Guidelines for the Financing of the Acquisitionof Developed Lots and Completed Housing Units in Permanent Housing Sites through theCommunity-Based Initiative Approach (CBIA)” seeks to provide improvements on thecommunity initiative approach per NHA Board Resolution No. 6081 and 6155 dated May 13,2016 and March 1, 2017, respectively. The latest issuance includes enhanced participation of acommunity association (CA) in identified aspects of the relocation and resettlement programand project implementation process as well as strengthening of controls in the site evaluation,evaluation of landowners/developers/contractors, review and approval of project proposals, andproject implementation.
V. JICA Policies on Involuntary Resettlement
245. Section 2.6 of JICA Guidelines (2010) states that “projects must comply with the laws,ordinances, and standards related to environmental and social considerations established bythe governments that have jurisdiction over project sites (including both national and localgovernments). They must also conform to the environmental and social consideration policiesand plans of the governments that have such jurisdiction”.
246. The key principles of JICA policy on involuntary resettlement described in the guidelinesis summarized below:
(i) Involuntary resettlement and loss of means of livelihood are to be avoidedwhen feasible by exploring all viable alternatives.
(lxxvii) When population displacement is unavoidable, effective measures tominimize the impact and to compensate for losses should be taken.
(lxxviii) People who must be resettled involuntarily and people whose means oflivelihood will be hindered or lost must be sufficiently compensated andsupported, so that they can improve or at least restore their standard of living,income opportunities and production levels to pre-project levels.
(lxxix) Compensation must be based on the full replacement cost.
(lxxx) Compensation and other kinds of assistance must be provided prior todisplacement.
(lxxxi) For projects that entail large-scale involuntary resettlement, RAPs mustbe prepared and made available to the public.
(lxxxii) In preparing a RAP, consultations must be held with the affected peopleand their communities based on sufficient information made available to themin advance. When consultations are held, explanations must be given in aform, manner, and language that are understandable to the affected people.
(lxxxiii) Appropriate participation of affected people must be promoted inplanning, implementation, and monitoring of RAPs.
(lxxxiv) Appropriate and accessible grievance mechanisms must be establishedfor the affected people and their communities.
(lxxxv) Affected people are to be identified and recorded as early as possible inorder to establish their eligibility through an initial baseline survey (includingpopulation census that serves as an eligibility cut-off date, asset inventory, andsocio-economic survey), preferably at the project identification stage, toprevent a subsequent influx of encroachers and others who wish to takeadvance of such benefits. Eligibility of benefits include:
(lxxxvi) APs who have formal legal rights to land (including customary andtraditional land rights recognized under law);
(lxxxvii) APs who do not have formal legal rights to land at the time of census buthave a claim to such land or assets; and
(lxxxviii) APs who have no recognizable legal right to the land they are occupying.
(lxxxix) Preference should be given to land-based resettlement strategies fordisplaced persons whose livelihoods are land-based.
(xc) Provide support for the transition period (between displacement and livelihoodrestoration).
(xci) Particular attention must be paid to the needs of the vulnerable groups amongthose displaced, especially those below the poverty line, landless, elderly,women and children, ethnic minorities, etc.
(xcii) For projects that entail land acquisition or involuntary resettlement of fewerthan 200 people, abbreviated resettlement plan is to be prepared.
W. ADB Policy on Involuntary Resettlement and Indigenous Peoples
247. The objectives of ADB's SPS (2009) are to (i) avoid involuntary resettlement wheneverpossible to minimize involuntary resettlement by exploring project and design alternatives; (ii)
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enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real termsrelative to pre-project levels; (iii) and improve the standards of living of the displaced poor andother vulnerable groups. The involuntary resettlement safeguard covers physical displacement(relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land,assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntaryland acquisition or (ii) involuntary restrictions on land use or access to legally designated parksand protected areas. The SPS (2009) covers physical and economic displacement regardless ofwhether such losses and involuntary restrictions are full or partial and permanent or temporary.ADB-supported projects are considered significant if 200 or more persons will experience majorimpacts, which are defined as (i) being physically displaced from housings, or (ii) losing 10% ormore of their productive assets (income generating). The level of details andcomprehensiveness of a resettlement plan is commensurate with the significance of potentialimpacts and risks.
248. Involuntary Resettlement. ADB’s policy on involuntary resettlement in the SPS (2009)is briefly described below:
(i) Screen the project early on to identify past, present, and future involuntaryresettlement impacts and risks. Determine the scope of resettlement planningthrough a survey and/or census of displaced persons, including a genderanalysis, specifically related to resettlement impacts and risks.
(xciii) Carry out meaningful consultations with affected persons, host communities,and concerned nongovernment organizations. Inform all displaced persons oftheir entitlements and resettlement options. Ensure their participation inplanning, implementation, and monitoring and evaluation of resettlementprograms. Pay particular attention to the needs of vulnerable groups,especially those below the poverty line, the landless, the elderly, women andchildren, and IPs, and those without legal title to land, and ensure theirparticipation in consultations. Establish a grievance redress mechanism toreceive and facilitate resolution of the affected persons’ concerns. Support thesocial and cultural institutions of displaced persons and their host population.Where involuntary resettlement impacts and risks are highly complex andsensitive, compensation and resettlement decisions should be preceded by asocial preparation phase.
(xciv) Improve, or at least restore, the livelihoods of all displaced persons through (i)land-based resettlement strategies when affected livelihoods are land basedwhere possible or cash compensation at replacement value for land when theloss of land does not undermine livelihoods, (ii) prompt replacement of assetswith access to assets of equal or higher value, (iii) prompt compensation at fullreplacement cost for assets that cannot be restored, and (iv) additionalrevenues and services through benefit sharing schemes where possible.
(xcv) Provide physically and economically displaced persons with neededassistance, including the following: (i) if there is relocation, secured tenure torelocation land, better housing at resettlement sites with comparable access toemployment and production opportunities, integration of resettled personseconomically and socially into their host communities, and extension of projectbenefits to host communities; (ii) transitional support and developmentassistance, such as land development, credit facilities, training, or employmentopportunities; and (iii) civic infrastructure and community services, as required.
(xcvi) Improve the standards of living of the displaced poor and other vulnerablegroups, including women, to at least national minimum standards. In ruralareas provide them with legal and affordable access to land and resources,and in urban areas provide them with appropriate income sources and legaland affordable access to adequate housing.
(xcvii) Develop procedures in a transparent, consistent, and equitable manner ifland acquisition is through negotiated settlement to ensure that those peoplewho enter into negotiated settlements will maintain the same or better incomeand livelihood status.
(xcviii) Ensure that displaced persons without titles to land or any recognizablelegal rights to land are eligible for resettlement assistance and compensationfor loss of non-land assets.
(xcix) Prepare a RAP elaborating on displaced persons’ entitlements, the incomeand livelihood restoration strategy, institutional arrangements, monitoring andreporting framework, budget, and time-bound implementation schedule.
(c) Disclose a draft RAP, including documentation of the consultation process in atimely manner, before project appraisal, in an accessible place and a form andlanguage(s) understandable to affected persons and other stakeholders.Disclose the final resettlement plan and its updates to affected persons andother stakeholders.
(ci) Conceive and execute involuntary resettlement as part of a developmentproject or program. Include the full costs of resettlement in the presentation ofproject’s costs and benefits. For a project with significant involuntaryresettlement impacts, consider implementing the involuntary resettlementcomponent of the project as a stand-alone operation.
(cii) Pay compensation and provide other resettlement entitlements before physicalor economic displacement. Implement the resettlement plan under closesupervision throughout project implementation.
(ciii) Monitor and assess resettlement outcomes, their impacts on the standards ofliving of displaced persons, and whether the objectives of the resettlementplan have been achieved by taking into account the baseline conditions andthe results of resettlement monitoring. Disclose monitoring reports.
(civ) An important aspect of ADB’s involuntary resettlement safeguard requirementis compensation at replacement cost comprising the following elements: (i) faircurrent market value at the time of compensation, (ii) transaction costs, (iii)interest accrued, (iv) transitional and restoration costs, and (v) other applicablepayments, if any. In the calculation, structures are required to be compensatedat replacement costs without depreciation of structures. Qualified andexperienced experts shall undertake the valuation of acquired assets.
(cv) Persons or households without formal legal rights nor recognized orrecognizable claims to the acquired land are still entitled to be compensatedfor their loss of assets other than land, such as dwellings or otherimprovements on the land at full replacement cost, provided that they haveoccupied/used the land or structures in the affected land prior to a declaredcut-off date.
CIII
(cvi) ADB’s indigenous peoples safeguards are triggered if a project directly orindirectly affects the dignity, human rights, livelihood systems, or culture of IPsor affects the territories or natural or cultural resources that IPs own, use,occupy, or claim as their ancestral domain. If ancestral domain land were to berequired for the rail ROW for the project, appropriate IP safeguard instrumentwill be prepared.
249. Indigenous Peoples. For the section of Malolos to Angeles, it has been assessed thatno ancestral domain land is to be affected, nor are there any indigenous people affected by theproject. Under ADB`s SPS (2009), the main objective with respect to IPs is to design andimplement projects in a way that fosters full respect for IP identity, dignity, human rights,livelihood systems, and cultural uniqueness as defined by IP/indigenous cultural communities(ICCs) 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 inprojects that affect them.
250. During the FS Phase, the National Commission of Indigenous Peoples (NCIP) confirmedthat the project did not overlap with ancestral domain areas of indigenous peoples. As a result,the NCIP issued the certificate of non-overlap (CNO) on September 19, 2018 with ControlNumber RIII-CNO-18-09-0019, as presented in the appendices of this RAP.
X. Resettlement Policy Comparison
Below is a table comparing Philippine’s legal framework with JICA Guidelines (2010) and ADB`s SPS (2009) oninvoluntary resettlement. Some policy gaps have been identified. Gap filling measures have been identified and are
presented in
Table IV-74: Gap Analysis and Harmonized Involuntary Resettlement PolicyNo. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure1 Compensation for
non-land assets for those without recognized legal rights to affected land
APs who have neitherformal legal rights norrecognizable claims to affected land they occupy are to be compensated for the loss of assets other than land and other improvements to the land at full replacement cost, provided that they occupied the project area prior to the project cut-off date.
APs without legal entitlements to affected land will be eligible for compensation for structures and improvements with the following criteria:
Must be a Filipino citizen; Must not own any real
property or any other housing facility, whether in an urban or rural area; and
Must not be a professional squatter or a member of a squatting syndicate, as defined in R.A. 7279, otherwise known as the "Urban Development and Housing Act of 1992"
(Section 5(b) of R.A. 10752)17
“Squatting syndicates” as defined in Section 3 of R.A. 727918 will not be eligible for compensation or assistance.Under Section 15 of the IRR of R.A. 10752, the government shall
APs without legal rights to affected land are potentially ineligible for compensation for non-land losses if they are classified as ineligible (not meeting the criteria).
All people affected by the project who do not have legally recognized right to the affected land but who occupy the project-affected area prior to the cut-off date are eligible for compensation (including those occupying an existing government ROW) for affected structures and improvements at full replacement cost, and for crops and trees at current market value
This includes those that do not meet the criteria within the laws of the Philippines, with the exception of “squatting syndicates/ professional squatters” as defined in Section 3 of R.A. 7279 and who are certified by the HUDCC and or other government agencies (e.g., PNR and LGUs) as such will not be eligible for compensation.
Presence in the project affected areaat cut-off date to be identified through census surveys and
17 Section 6.6 of the IRR of R.A. 10752 includes an additional criterion that APs must not occupy an existing government ROW. However, this criterion is notsupported in R.A. 10752 itself.
18 "Squatting syndicates" refers to groups of persons engaged in the business of squatter housings for profits or gains.
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureprovide adequate appropriations including the cost of development and implementation of resettlementprojects, including planning, social preparation, provision of basic services, community facilities, livelihood restoration and improvement, and other activities in the RAP.Section 5(b) of R.A. 10752 states that for owners of structures and improvements with no legally recognized rights to the land, payment of the replacement cost ofstructures and improvements shall be applied as long as they meet allof the following conditions:
Are Filipino citizens; Do not own any real
property or other housing facility in any urban or rural area; and
Are not professional squatters or members of a squatting syndicate as defined in the Urban Development and Housing Act of 1992.
Although the IRR of R.A. 10752 provides the fourth condition, “mustnot occupy an existing governmentROW”, this is not included in the Act.
validated by the RAP Implementation Management Committee (RIMC) or a respective Local Housing Office (LHO) in the absence of the formers.
All aspects of the RAP will be covered by adequate government appropriations.
2 Eligibility for resettlement assistance
Physically displaced persons will be provided with relocation assistance,transitional support, and development
[Socialized Housing]Under Section 16 of R.A. 7279, informal settlers shall fulfill the following criteria to qualify for a socialized housing program, a beneficiary:
There are restrictions on the eligibility for resettlement assistancefor those who do not meet the criteria for a socialized housing or
All relocating APs will be eligible for self-relocation assistance or assistedresettlement. “Squatting syndicates” as defined in Section 3 of R.A. 7279 and those who are certified by the HUDCC as such will not be eligible
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureassistance.
The standards of living of the displacedpoor and other vulnerable groups, including women, to at least national minimum standards will be improved, and appropriate income sources and legal andaffordable access to adequate housing willbe provided for them.
Must be a Filipino citizen; Must be an underprivileged
and homeless citizen; Must not own any real
property whether in the urban or rural areas; and
Must not be a professional squatter or a member of squatting syndicates.
have real property elsewhere.
for resettlement assistance. Members of squatting syndicates
who do not actually occupy project-affected structures and are residing elsewhere will not be physically displaced as such will not be eligible for relocation assistance and transitional support.
The Entitlement Matrix outlines the specifics of the support provided for self-relocation assistance and resettlement assistance options.
3 Payment of CGT on land acquired through expropriation
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.
R.A. 10752 requires for a property owner to pay the CGT in expropriation proceedings in order to incentivize and promote negotiated sale.
Under negotiated sale, the IA shall pay for the account of the seller, CGT as well as DST, transfer tax, and registration fees. The propertyowner will pay any unpaid real property tax.Under expropriation proceedings, the IA shall pay DST, transfer tax, and registration fees, while the owner will pay CGT and any unpaid RPT.
Payment of CGT by PAPs if land is expropriated is inconsistent with the principle of replacement cost.
Payment of CGT will be paid by the IA after the ruling by the court in expropriation cases when a PAP is unable to accept the negotiated sale as they lack the paperwork and are required to undergo the Extra Judicial Settlement (EJS) before being recognized as a property owner (for example, in deceased estates that have not been settled).
Prompt and complete disclosure of advantages of negotiated sale over expropriation proceedings (as provided for by R.A. 10752) will be made during the conduct of the 2nd Stakeholder Consultation Meeting (SCM) to wit:
Advantages of Negotiated Sale:(i) Outright offer for land price will be based on fair market value.(ii) Payment of CGT will be shouldered by the IA, the DOTr.(iii) It has a shorter process (2-6 months if all required documents are complete).
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
Disadvantages of Expropriation Proceeding:(i) Initial payment for land will be based on the BIR zonal value, and an owner will haveto present documentary evidence during court hearings to prove that the value should be higher. (ii) The owner needs to hire a lawyer.(iii) The owner/PAP will pay CGT.(iv) It has a longer process. It may take a year to several years before the decision of the court for payment of just compensation in favor of the owner becomes final and executory, accordingly ordering the DOTr to pay the owner the difference. The PAP may still revert from expropriation to negotiated sale at any point in time before the last day of filing for motion of the expropriation case. In case the expropriation case has been filed in the court:The plaintiff, the DOTr, can withdraw the case any time before the filing of the answerby the defendant, the PAP (Section 1(h) Rule 16 of the 1997 Rules of Court on Civil Procedures).If the answer is filed, there has to be a joint filing by the DOTr and the owner to withdraw the case (Section 2, Rule 17 of the1997 Rules of Court on Civil Procedures).In both cases, the acquisition mode would revert back to negotiated sale, which will entitle the owner to payment at the current market value for land (as indicated in the DOTr’s Offer to Buy (OTB)), free of taxes, including CGT, and registration fees in accordance with Section 5(c) R.A. 10752, atthe replacement cost for structures and improvements, and at the market value for
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measurecrops and trees under Section 5(a) R.A. 10752.
If compensation is less than replacement cost, the DOTr will apply a mitigation measure to reach replacement cost. Other applicable allowances including livelihood rehabilitation and transitional assistance allowances apply as per cases not subject to expropriation.
4 Scope of application of the RAP
The scope covers direct impacts of land acquisition and restricted land use forthe project, including any land acquired for development of resettlement sites andROW adjustments specifically for the project.
Unless the RAP specifies otherwise, government policies and standards only would be applied.
For involuntary resettlement impacts from land acquired for resettlement sites, R.A. 7279 states that the land for socialized housings can be expropriated but should be resorted only when otheroptions have been exhausted.
Potential gaps with respect to the application of policies and entitlements under the RAP to those who are affected by land acquisition to develop resettlement sites for the project.
Any land acquired for project requirements including ROW and resettlement site development specifically for the needs of the project will be included in the scope of the RAP.
The DOTr will oblige any agency responsible for land acquisition for project needs, including ROW adjustments, resettlement sites, utilities relocation, and access roads,to apply the same standards and entitlements as set out in the RAP policy.
5 Timing of paymentof compensation and assistance prior to displacement
All compensation andassistance should be provided prior to displacement.
- There are gaps on the timing for payment and for expropriation cases the need to provide proof of ownership to the court prior to payment.
APs will not be displaced until they are paid in full compensation and applicable allowances.
For negotiated sale, the following arrangements will be applied:
For structures: The DOTr will pay 100% prior to being displaced. Payment of compensation for structures and improvements may be held in abeyance for participants of socialized housing programs or used as an advance payment on their amortizations at APs' request until relocation sites and socialized housing accommodations become
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureavailable.
In negotiated cases where APs are willing to sell their property but will take more than 30 days to submit required documents, the DOTr will provide necessary assistance to the extent possible to help APs secure the documents needed.
6 Severity of impacts on productive resources for which rehabilitation assistance is required.
The loss of 10% or more of productive or income sources (e.g.,farmland and business/ shop) is entitled to livelihood restoration assistance.
There is no specific reference to the severity of impacts. The relatedreference includes:For agricultural tenants and sharecroppers: Financial assistance equivalent to the average gross harvest for the last three (3) years and no less than Php 15,000 per ha (E.O. 1035).For agricultural lessees:They are entitled to disturbance compensation equivalent to five times the average gross harvests on their landholding during the last five preceding calendar years (R.A.6389).
Gaps with respect to the threshold and requirements for livelihood restoration assistance for all cases experiencing the loss ofproductive resources.
Participation in the project`s livelihood restoration and improvement program (LRIP) will be provided for those whose productive resources are permanently affected by 10% or more.
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure7 Severity of the
loss of a property for which the entire property will be acquired
If the residual portion of a property after acquisition is 20% or less or if the residual portion is no longer viable for use according to the original purpose, the entire property will be acquired. 19
No specific law prescribes acquisition of the remaining unviable portion of the acquired property.20
No current Governmentpolicy on this issue.
If the residual portion of a property after acquisition is 20% or less or if the residual portion is no longer viable for use according to original purpose, the entire property will be acquired taking also the wishes of the AP into consideration.
8 Income restorationand livelihood improvement
The borrower/client will include detailed measures for income restoration and livelihood improvement of displaced persons in the resettlement plan.Income sources and livelihoods affected by project activities will be restored to pre-project levels, and the borrower/client will make every attempt to improve the income of displaced persons, so that they can benefit from the project. For vulnerable persons and households
There are requirements for supplementary assistance or training to certain categories of APs. However, the requirements do not have specific objectives to restore income-earning capacity and are limited in scope and application.
Nonetheless, the IRR of R.A. 10752 states that government appropriations should be available to cover the cost of the development and implementation of resettlement projects and may include livelihood restoration and improvement activities.
ADB/JICA guidelines are more specific regarding objectives of restoring income-earning capacity and include those whose income generation resources are severely affected.
Income restoration and livelihood improvement measures need to be designed in consultation with APs and be adequately resourced to restore income-earning capacity of all APs whose livelihoods are affected and improve income-earning capacity of vulnerable APs.
The effectiveness of income restoration and livelihood improvement activities will be monitored and reviewed.
19 Based on the World Bank Involuntary Resettlement Sourcebook, which JICA applies in its policy, provides that if more than 80% of holdings is acquired or ifresidual holdings are no longer economically viable, the owner shall have an option to sell the residual land.
20 The LARRIPP by the DPWH (3rd Ed. Series of 2007) provides that if the portion of the property to be affected is more than 20% of the total land area or evenless than 20% if the remaining portion is no longer economically viable or if it no longer functions as intended, the owner of this property (e.g., land or structures)shall be entitled to full compensation in accordance to R.A. 8974. The DPWH policy is dated, being based on R.A. 8974, which has been superseded by R.A.10752.
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureaffected, the resettlement plan will include measures to provide extra assistance, so that they can improve their incomes in comparison with the pre-project levels. The resettlement planwill specify the income and livelihoods restorationstrategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.
9 Transitional assistance and compensation for lost income
In the case of physically displaced persons, (i) transitional support and development assistance such as land development, credit facilities, training, or employment opportunities and (ii) opportunities to derive appropriate development benefits from the project will be provided.
In cases where land
Section 10(c) of R.A. 10752 provides that the cost of the development and implementation of resettlement projects covered bythe Act, including planning, social preparation, and other activities under a RAP shall be provided withadequate appropriations to cover the funds needed for such.
Section 15 of the IRR of R.A. 10752 further states that when necessary the development cost described above may include land development and housing construction, the provision of basic services and community facilities, livelihood restoration and
Although there is no specific law and guideline which mentions assistance during the transition period, the relevant entitlements may be lumped under the clauses pertaining to “livelihood restoration and improvement and other activities under the RAP” as stipulated by R.A. 10752 law and its IRR.
In the relevant Philippine laws, there is
Transitional support during the period when APs resettle and re-establish their livelihoods will be provided aimed at stabilizing their living standards.
The entitlement matrix outlines the specifics of the support provided for transitional assistance entitlements covering compensation for lost income and assistance to re-establish livelihoods and businesses.
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureacquisition affects commercial structures, affected business owners are entitled to (i) the costsof re-establishing commercial activities elsewhere; (ii) the netincome lost during thetransition period; and (iii) the costs of transferring and reinstalling plant, machinery, or other equipment.
improvement, and other activities under the RAP in coordination withconcerned government agencies.
E.O. 1035 provides for financial assistance to displaced tenants and cultural minorities and settlers equivalent to the average annual gross harvest for the last three (3) years and no less than PhP15,000 per hectare.Section 7 of R.A. 6389 provides fordisturbance compensation for agricultural lessee’s equivalent to five (5) times the average gross harvest in the last five (5) years.
For APs whose structures are severely affected and whose business/income are affected, the DPWH's LARRIPP (2007) providesfor rehabilitation assistance with anamount of no more than PhP15,000 (based on the tax record for the business activities).
no provision for compensation for income loss for medium- to large-sized businesses.
10 Disclosure of the RAP
ADB/JICA policy is to make the RAP accessible to the public through their websites before reaching a loan agreement.
The NEDA's ICC does not require the RAP to be made available to the public.
There is a gap on accessibility of the RAPto stakeholders.
The RAP will be prepared and accessible to the public through JICA, ADB, and DOTr websites.
Salient information from the RAP willbe disclosed to APs prior to and following finalization during SCMs.
11 Grievance redressmechanism (GRM)
Appropriate and accessible grievance redress mechanisms must be established
There is no specific law that stipulates GRM within land acquisition laws in the Philippines.
There is no specific law that stipulates GRM for land acquisition in the Philippines.21
An effective and accessible GRM will be established for the project to resolve disputes outside the judicial system.
21 In terms of guidelines, Section 3.4 Tracking and Monitoring Implementation of Grievance procedures of the DPWH's Land Acquisition Plan and ResettlementAction Plan (LAPRAP) Tracking Manual of 2003 was previously used as a reference.
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureat the project level forthe affected people and their communities.
Prior to the start of the ROW acquisition, the DOTr will establish the local help desk at each city/municipality to address the concerns of APs pertaining to the RAP and ROW acquisition.22 Each local help desk must be established before the delivery of the notice of taking (NoT) to APs by the DOTr. A database of APs’ concerns, actions taken, referrals made, and the resolution status of the said concerns will be developed and maintained by the DOTr.
Once the ROW acquisition commences, the GRM is triggered and the local help desk, in coordination with the RIMC will serve as a recipient and database manager of grievances filed.
12 Census, inventory of losses, and the establishment of cut-off dates for eligibility to entitlements
Affected people are tobe identified and recorded as early as possible in order to establish their eligibility through an initial baseline survey (including population census, asset inventory, and socio-economic survey).The borrower/client will establish a cut-off date for eligibility. Information regarding the cut-off date will bedocumented and
There is a requirement under R.A. 7279 and its IRR for LGUs to conduct inventory of their informal settler families (ISFs).The conduct of surveys and tagging is established practices by the Urban Poor Affairs Office (UPAO).Section 4 of the IRR for the registration of socialized housing beneficiaries states that the city/municipal government shall be primarily responsible for carrying out the registration of underprivileged and homeless families within their respective jurisdictions.
No specific requirementfor the cut-off date.
A census and socio-economic survey are conducted for the affected areas to prepare the RAP.
For informal settlers, the cut-off date is set on the beginning date of the census and tagging.
The cut-off date is publicly disclosed during the 1st stakeholder consultation meeting in the project affected areas.
Date of the NoT issuance will be the cut-off date for legal property owners.
22 The onset is marked by the delivery of the NoT by the DOTr.
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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measuredisseminated throughout the projectarea.
13 External monitoring
For projects with significant involuntaryresettlement impacts, the borrower/client will retain qualified and experienced experts to conduct external monitoring.
Not required There is a gap on the requirement for externalmonitoring of projects with significant impacts.
The IA will engage qualified experts to conduct external monitoring of theimplementation of the RAP.
14 Voluntary land donation
Voluntary donation will be an act of informed consent, and APs/IP will not beforced to donate land or other assets with coercion or under duress.
Voluntary land donations are permitted.
There are differences inthe implementation and conditions for voluntary donations.
Voluntary land donation is not an option for this project, except for government-to-government negotiated donation.
Voluntary donation will be an act of informed consent, and APs/IPs will not be forced to donate land or otherassets with coercion or under duress. Any voluntary donation as requested by APs will follow international best practices and be confirmed through written records and verified by an independent third party.
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Y. Fundamental Project Policy
251. The Government of the Philippines has adopted a project resettlement policy for the project as described in this RAP that isconsistent with the resettlement and indigenous peoples planning framework for this project, national laws and regulations andinternational standards of JICA and ADB on involuntary resettlement and fill in policy gaps identified in this chapter. This is to ensurethat APs are able to rehabilitate themselves to at least their pre-project condition, at the earliest possible time. The project`s policywill follow the provisions and entitlements laid out in this RAP. The following principles will govern project implementation:
(i) Land acquisition and involuntary resettlement will be avoided where feasible or minimized, by identifying possiblealternative project designs that have the least adverse impact on the communities in the project area.
(cvii) Where displacement of households is unavoidable, all eligible APs losing assets, livelihood, or resources will befully compensated and assisted so that they can improve, or at least restore, their pre-project standards of living.
(cviii) Where displacement of business enterprises is unavoidable, all APs losing livelihoods will be fully assisted so thatthey can improve, or at least restore, their former economic conditions.
(cix) Rehabilitation assistance will be provided to any APs, that is, any person or household or business which onaccount of land acquisition for the project would have their:
Standard of living adversely affected; Right, title or interest in any structure, interest in, right to use, any land (including premises, agricultural and
grazing land, commercial properties, tenancy, or right in annual or perennial crops and trees or any other fixed or moveable assets, acquired or possessed, temporarily or permanently);
Income earning opportunities, business, occupation, work or place of residence or habitat adversely affected temporarily or permanently; and
Social and cultural activities and relationships affected or any other losses that may be identified during the process of resettlement planning.
(cx) All affected people will be eligible for compensation and rehabilitation assistance, irrespective of tenure status,social or economic standing and any such factors that may discriminate against achievement of the objectivesoutlined above. Lack of legal rights to the assets lost or adversely affected, nor tenure status and social oreconomic status, will not bar the APs from entitlements to such compensation and rehabilitation measures orresettlement objectives, unless proven disqualified under Philippine law, JICA Guidelines (2010) and ADB`s SPS(2009).
(cxi) All APs residing, working, doing business and/or cultivating land within the project impacted areas as of the cut-offdate will be entitled to compensation for their lost assets at replacement cost as well as restoration of incomes and
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businesses, and will be provided with rehabilitation measures sufficient to assist them to improve or at least restore/maintain their pre-project living standards, income-earning capacity and production levels.
(cxii) APs partially affected by land acquisition will not be left with residual portions that would not be viable for continueduse for the original purpose. APs whose land is partially acquired will have the option for the entire lot to beacquired if the residual portion is not viable. For partially affected structures, if the remaining portion is not viable forcontinued use, the entire structure will be compensated. Assessment of technical viability is undertaken by civilengineers and duly checked by licensed IPAs as part of the replacement cost survey. The technical assessment isdone at two levels. One is through actual field inspection and measurements. The other is through the preparationof Basic Plans which confirms if major structures such as columns would be affected. APs are informed by theDOTr during the RAP implementation/ROW acquisition (after the issuance of the notice of taking (NoT) and theoffer to buy (OTB) and during discussion and execution of an agreement to demolish and remove improvements(ADRI)).
(cxiii) People temporarily affected will be considered APs. Prior to construction commencement, contractors will secure anecessary environmental compliance certificate (ECC) for temporary facilities such as workers camps, constructionyards, and warehouses for materials, stockpiling areas from the appropriate offices of the DENR-EnvironmentalManagement Bureau (EMB) where they are located. Where these facilities are located in public or private lands, theContractor will enter into Lease Agreements and should there be a need for temporary displacement orcompensation for affected structures and improvements, the Contractor will comply with the provisions of R.A.10752, the environment management plan (EMP) and this RAP.
(cxiv) Where a host community is affected by the development of a resettlement site in that community, the hostcommunity will be consulted on resettlement planning and decision-making. All attempts will be made to minimizethe adverse impacts of resettlement upon host communities.
(cxv) The plans for resettlement and relocations will be designed in accordance with the Project Policy.
(cxvi) Any project related activities that triggers involuntary resettlement such as land acquisition or land clearance or thatdisplaces people using the land then such impacts will be considered as impacts under the scope of this RAP. Insuch cases the same entitlements as in this RAP will be applied to those affected. Application of this requirementwill be monitored under this RAP monitoring arrangements.
(cxvii) The RAP as approved by JICA and ADB will be disclosed by DOTr to the public through the following means:posting of approved RAP on JICA, ADB and DOTr websites and distribution to concerned LGUs. Implementation ofthe RAP will be guided by DRAM, however, only where the manual applies to the policies stated in this document.The DOTr’s ROWSAM will not be used in this project.
(cxviii) Payment for land and/or non-land assets will be based on the principle of full replacement cost.23
23 The cost of replacing lost assets and incomes, including cost of transactions.
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(cxix) Compensation for APs dependent on agricultural activities will be land-based wherever possible. Land-basedstrategies may include provision of replacement land, ensuring greater security of tenure, and upgrading livelihoodsof people without legal titles. If replacement land is not available, other strategies may be built around opportunitiesfor re-training, skills development, wage employment, or self-employment, including access to credit. Cashcompensation alone will be avoided as an option if possible, as this may not address losses that are not easilyquantified, such as access to services and traditional rights, and may eventually lead to those populations beingworse off than without the project.
(cxx) Transitional assistance will be provided, in addition to compensation to assist APs to restore livelihood andstandards of living. Such support could take the form of short-term jobs, subsistence support, and transitionalallowance.
(cxxi) The resettlement plan must consider the needs of those most vulnerable to the adverse impacts of resettlement(including the poor, those without legal title to land, ethnic minorities, women, children, elderly, and disabled) andensure they are considered in resettlement planning and mitigation measures identified. Assistance should beprovided to help them improve their socio-economic status.
(cxxii) APs will be involved in the process of developing and implementing resettlement plans.
(cxxiii) APs and their communities will be consulted about the project, the rights and options available to them, andproposed mitigation measures for adverse effects, and to the extent possible be involved in the decision-makingconcerning their resettlement.
(cxxiv) Adequate budgetary support will be fully committed and made available to cover the costs of land acquisition(including compensation, other entitlements and income restoration measures) within the agreed implementationperiod. The funds for all resettlement activities will come from the Philippine government.
(cxxv) Displacement must not take place before provision of compensation and other assistance required forrelocation. Sufficient social infrastructure and basic services must be provided in the resettlement site prior torelocation. Livelihood restoration measures must also be in place but not necessarily completed prior toconstruction activities, as these may be on-going activities.
(cxxvi) Arrangements required for the implementation of the RAP will be in place prior to the commencement ofimplementation of RAP; this will include the provision of adequate human resources for supervision, consultation,and monitoring of land acquisition and rehabilitation activities.
(cxxvii) Appropriate reporting (including auditing and redress functions) monitoring and evaluation mechanism, will bein place as part of the resettlement management system. An external monitoring agent or group will be hired by theproject and will evaluate the resettlement process and final outcome. Such groups may include qualifiedresettlement experts, non-government organizations (NGOs), research institutions or universities.
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Z. Cut-Off Date
252. The cut-off date pertains to the date from which APs are considered eligible for compensation and other forms of assistance.The cut-off date was declared for non-landowners at the time of the census survey. Based on these statutes, any new structure orimprovement to an existing one on the land covered by the project right-of-way (PROW) acquisition will not be compensated after therespective cut-off dates. Non-landowners have been included in all consultations from the beginning to ensure that they are aware ofthe project. The cut-off date was set during the DD phase. The cut-off dates for each affected barangay are indicated in Chapter 2.
AA. Principle of Replacement Cost
253. All eligible structures/improvements owned by project affected households/businesses will be compensated based on theprinciple of replacement cost. Replacement cost is the amount calculated before displacement which is needed to reconstruct theaffected asset without depreciation and without deduction for taxes and/or costs of transaction.
254. The replacement cost study (RCS) to determine compensation rates will be conducted by a licensed IPA or a GFI withadequate experience in property appraisal selected by the IA through a competitive process. The IA will use the RCS of the IPA and/or GFI as basis of the IA’s price offer during negotiated sales. The basis of RCS is to be consistent with the following standards ofassessment.
(i) The classification and use for which the property is suited based on, among other things, the latest approved landuse plan and/or zoning ordinance, if any, of the city or municipality concerned as well as the price of the land asmanifested in ocular findings, oral as well as documentary evidence presented taking the following intoconsideration:
Location of the property with reference to quality of neighborhood and surrounding improvements, access to community centers, shopping and transportation, and presence of detrimental influences to value;
Size, the lot area in relation to the highest and best use, present use and utilization of the property; Physical characteristics such as shape, topography, utilities, easements, road frontage, etc.; and The current selling price of similar lands in the vicinity based on, among other things, the latest records on
Deeds of Sale for similar lands in the office of the Register of Deeds concerned as well as review of existing listing of properties and comparison against actual sales prices of properties with similar characteristics.
(cxxviii) The development cost for improving the land based on, among other things, the records and estimates of thecity or municipal assessor concerned, GFI or IPA for similar or comparable lands;
(cxxix) Replacement cost value for structures and improvements on the land;
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(cxxx) Such facts and events to enable the affected property owners to have sufficient funds to acquire similarlysituated lands of approximate areas as those required from them by the government, and thereby rehabilitatethemselves as early as possible.
(cxxxi) Replacement cost value for structures and improvements on the land;
255. The valuation methodology for the project used for structures is the Cost Approach of the International Valuation Standards2017 (IVS 2017), “the cost approach provides an indication of value using the economic principle that a buyer will pay no more for anasset than the cost to obtain an asset of equal utility.” The international standard requires that all cost that will be incurred should beconsidered. The project included the following cost in the valuation of structures.
(i) Direct Cost. It refers to cost of materials and labor;
(cxxxii) Indirect Cost. It refers to professional fees (i.e., design, permit, architectural, legal, etc.), overheads, taxes,finance costs, profit margin or entrepreneurial profit to the creator of the asset.
256. In determining the replacement cost of structures, depreciation was not factored in the computation. The RCS is part of theterms of reference (TOR) of the IPA and it includes the project Entitlement Matrix as basis for valuation. The work requirements ofthe IPA to prepare the RCS as to be reflected in their TOR include the following elements:
257. Scope of the RCS. The scope is to verify and determine the current market values for structures, improvements, and otherphysical properties or non-land-based incomes. For other improvements such crops and trees, value assessment shall bedetermined using the DENR`s applicable guidelines. Such market values shall serve as basis for calculating compensation andentitlements for APs, families, structures and properties to ensure that APs are compensated at replacement cost at the time ofcompensation.
258. Methodology. The RCS will be carried out based on information collected from both desk research, interviews in the fieldincluding with affected people, realtors, developers, banks, building contractors, real estate agents and government agencies to get agood estimate of the current market values of properties and other improvements. The detailed RCS methodology is attached asAppendix 3. 259. The independent appraiser consults on the above principles with the affected people to guide the appraisal. The principles ofreplacement cost and market value was explained to the affected people during the feasibility and detailed engineering design stage.
260. Affected Land. For affected lands, compensation will be in terms of current market value, free of tax as provided in Section5(a)(1) of R.A. 10752, computed based on Section 7 of R.A. 10752 and Section 12 of its IRR as below:
(i) The classification and use for which the property is suited based on, among other things, the latest approved landuse plan and/or zoning ordinance, if any, of the city or municipality concerned;
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(cxxxiii) The development cost for improving the land based on, among other things, the records and estimates of theCity or Municipal Assessor concerned, GFI or IPA for similar or comparable lands;
(cxxxiv) The value declared by the owners based on the value shown in the owners' latest Tax Declaration Certificatesor Sworn Statements;
(cxxxv) The current selling price of similar lands in the vicinity based on, among other things, the latest records onDeeds of Sale for similar lands in the office of the Register of Deeds concerned;
(cxxxvi) The reasonable disturbance compensation for the removal and/or demolition of certain improvements on theland and for the value of improvements thereon considering, among other things, the replacement cost ofimprovements at current market prices as provided in Section 6.6 of this IRR;
(cxxxvii) The size, shape or location, tax declaration and zonal valuation of the land based on, among other things, thelatest records on Deeds of Sale in the Register of Deeds, tax declaration by the City or Municipal Assessor, zonalvaluation of the BIR for comparable properties;
(cxxxviii) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented;and
(cxxxix) Such facts and events so as to enable the affected property owners to have sufficient funds to acquire similarlysituated lands of approximate areas as those required from them by the government, and thereby rehabilitatethemselves as early as possible.
(cxl) In all cases, the increase in the value of the affected property brought about by the government project itself will notbe considered in the determination of the price offer.
261. Affected Structures and Improvements. For affected structures and improvements, compensation will be in terms ofreplacement cost, as provided in Section 5(a)(2) of R.A. 10752, computed based on Section 6.6 of its IRR. That is, based on thecurrent market prices of materials, equipment, labor, the contractors’ profits and overhead costs, permitting costs, reinstallation ofutility connections, and all other attendant costs associated with the acquisition and installation of a similar asset in place of theaffected asset. Further, if the affected structure has been damaged, the replacement cost will be based on the pre-damagedcondition of the structure. The replacement structure must perform the same functions and meet performance specifications as theoriginal structure.
262. Determination of market value of trees takes into account age and productivity of the tree. Compensation rates will bedetermined by the replacement cost study and informed by values prescribed by the DA for fruit trees or the DENR for timber trees.The valuation matrix provided by the DA was the basis for the cost of each fruit trees based on its age size and tree productivitylifespan.
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BB. Eligibility and Project Impacts
263. Eligibility defines the APs who are covered by compensation and other entitlements/resettlement assistance. The project-related land acquisition will result in the physical displacement of people as well as their economic displacement, whether these arebased on legitimate or informal occupation of lands, including those who have no land title or tax declaration or other acceptableproof of ownership, and informal sector families.
264. Criteria for Eligibility. An AP is defined as any person or persons, household, firm, private or public institution who, as a resultof land acquisition for the project or restricted land use due to the project experience physical displacement (relocation, loss ofresidential land, or loss of shelter) or economic displacement (loss of land, assets, access to assets, income sources, or means oflivelihoods) whether such losses and involuntary restrictions are full or partial, permanent or temporary.24 Eligibility is based on thisProject Resettlement Policy25.
265. As provided in the chapter on the legal framework, RA 10752 cites two (2) main modes of Right-of-Way acquisition, namely:(1) negotiated sale and (2) expropriation. In the entitlement matrix (EM) presented in Chapter 6, negotiated sale shall be the firstoption and expropriation the last resort (i.e., in case negotiated sale fails, or in other cases stated in Section 6(b) of the same Act).Eligible APs may fall under the following categories:
a. Landowners (Residential, Mixed Use, Agricultural, Commercial, Industrial, and Institutional)
266. Landowners in this RAP refer to those who meet the following criteria:
(i). Those who have a full title (such as an Original Certificate of Title (OCT) or a Transfer Certificate of Title (TCT);(ii). Those who are not original patent holders of lands granted under Commonwealth Act (C.A.) No. 141 and whose
land ownership is not acquired through a gratuitous title (e.g., donation or succession); (iii). Those who are original patent holders of lands granted through C.A. 141 and whose land has not been subjected to
the previous government exercise of its lien;(iv). Those who were former Informal Settler Families (ISF) but now hold a title of land through government socialized
housing programs;(v). Those who can present the following:
Tax Declaration showing his and her predecessors’ open and continuous possession of the property for atleast 30 years;
A certification from the DENR proving that the land is alienable and disposable; or Other documents that may show proof of ownership.
24 ADB, 2009. Safeguards Policy Statement. Manila.25 In terms of informal settler families, the final list of beneficiaries for relocation would be determined by NHA and concurred by the LIAC during implementation stage.
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(vi). Those who are holders of an Emancipation Patent (EP) or Certificate of Land Ownership Award (CLOA) grantedunder the respective comprehensive agrarian reform statutes;
(vii). Government agencies and local government units which are owners of affected public lands;(viii). Those who were former ISFs and Community Mortgaged Program (CMP) beneficiaries whose titles are still under
the name of the organization; or(ix). Other paying PAPs of affected properties whose ownership is still under the name of funding entities or developers.
b. Structure Owners (Residential, Mixed Use, Agricultural, Commercial, Industrial, and Institutional) and Owners ofNon-land Assets and Improvements
267. Structure Owners and Owners of Non-land Assets and Improvements in this RAP refer to those who meet the followingcriteria:
(i). Those who own land as described above and/or also own structures, non-land assets and/or improvements in thesaid land;
(ii). Those who own structures, non-land assets, and/or improvements used for business but do not own the land wherethe structures are;
(iii). Those who own structures, non-land assets, and/or improvements but do not own the land where the structures arelocated and are not classified as low-income households or the homeless (e.g., they are not poor or they own realproperty elsewhere);
(iv). Those who own structures, non-land assets, and/or improvements but do not own the land where the structures arelocated and are low-income households, or the homeless;
(v). Those who own structures, non-land assets, and/or improvements but do not own the land where the structures arelocated and have previously availed of government socialized housing programs (i.e., returnees);
(vi). Those who own structures, non-land assets, and/or improvements who were former ISFs but now hold title of landthrough government socialized housing programs;
(vii). Those who own structures, non-land assets, and/or improvements who were former ISFs and CMP/NationalHousing Authority (NHA) beneficiaries whose titles are still under the name of the organizations;
(viii). Government agencies and LGUs which are owners of affected public structures, non-land assets, and/orimprovements on public or private lands; and/or
(ix). Other paying PAPs of affected properties whose ownership is still under the name of funding entities or developers.
c. Renters/Lessees of Land and/or Structures
268. Renters/Lessees of Land and/or Structures in this RAP refer to those who meet the following criteria:
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(i). Residential/commercial/institutional/mixed use renters possessing a lease/rental agreement who are notclassified as vulnerable or do not have low incomes:
(ii). Renters and sharers of formal structures who have low incomes are also eligible to avail of socialized housingprograms if they satisfy the criteria set forth by this RAP.
(iii). Agricultural lessees: Renters of agricultural land who may not possess a lease/rental agreement may present asworn affidavit by a third person who may have witnessed a verbal agreement between the landowner and thelessee.
d. Business Enterprises269. Business enterprises are commercial establishments that are operating as of the time of the cut-off date. These are classifiedin terms of scale of operations (i.e., asset size and number of employees) into micro-, small-, medium-, and large-sized businesses.
270. Micro-businesses pertain to small shops which sell their goods in small spaces, such as sari-sari stores, food stalls, repairshops (including car repair, appliance repair, and cell phone repair), dress shops, tailor shops, beauty parlors, and vulcanizing shops.These are typically operated within their dwelling places, or ancillary spaces to their dwelling places. These include shops that mayor may not have permits to operate issued by the LGUs concerned.
271. Those who own small, medium, or large-sized business establishments (including apartments/units/houses for rent exceptthose operated by squatting syndicates), including those who own land or are leasing a space from property owners. It pertains toany business activities or enterprises engaged in commercial, industry, agribusiness and/or services, whether a single proprietorship,cooperative, partnership, or corporation whose total assets, inclusive of those arising from loans but exclusive of the land on whichthe particular business entity’s office, plant, and equipment are situated. The table below shows the classification of affectedbusiness enterprises.
Table IV-75: Categories of Business Enterprises
Enterprise Asset Size Number of Employees
Micro Up to PhP 3,000,000 1-9 employees
Small PhP 3,000,001-15,000,000 10-99 employees
Medium PhP 15,000,001-100,000,000 100-199 employees
Large Above PhP 100,000,000 Over 200 employeesSource: Department of Trade and industry. http://server2.dti.gov.ph/dti/index.Php?p=532. As defined under Small and Medium Enterprise Development(SMED) Council Resolution No. 01 Series of 2003 dated 16 January 2003.
e. Employees of Commercial, Agricultural, and Industrial Establishments
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272. Workers are regular, contract, or casual employees of affected commercial (including small shops, micro, small and mediumto large-sized businesses, vendors, and commercial stall tenants) or industrial establishments whose incomes will be affected or whomay even lose jobs once the said establishments are displaced. It includes APs are displaced from their homes and are required topermanently relocate to a place that makes their former wage-based employment inaccessible, thereby needing to find a newemployment or a source of livelihood.
f. Agricultural Tenants, Sharecroppers, Landowners, and Lessees
273. Those who are engaged in farming and are considered agricultural tenants, sharecroppers, landowners, or lessees.
g. Vulnerable Groups
274. Vulnerable groups in this RAP refer to a poor household, a household headed by the elderly or a solo-parent, or a householdwith a PWD. For the purpose of the RAP implementation, these categories of vulnerable households are further defined as follows:
(i) Poor Household. The Philippine Statistics Authority (PSA) defines the poor according to the poverty threshold, or atotal family income needed to meet the basic food and non-food needs of a family of 5. As of 2020, the annual per-capita poverty threshold is set at PhP26,954 for Region 3 (Bulacan and Pampanga included) and the respectivemonthly income is PhP11,230.83.
(cxli) Household Headed by the Elderly. Under the expanded Senior Citizens Act of 2010 (R.A. 9994), any resident ofthe Philippines who is at least 60 years old is considered as elderly or a senior citizen.
(cxlii) Household Headed by a Solo Parent with Dependent/s under 18 Years of Age. A solo parent is someone whofalls under any of the following categories, as indicated in R.A. 8972:
(cxliii)Household with a Family Member Who is a PWD. According to the Magna Carta for Disabled Persons (R.A.7277), pertains to an AP who suffers from constraints of different abilities, as a result of a mental, physical, orsensory impairment, in performing an activity in the manner or within the range considered normal for a humanbeing.
275. APs who belong to any of the following vulnerable groups: (i) households that are below the poverty threshold; (ii) householdsheaded by the elderly; (iii) households with PWDs; and (iv) households headed by a solo parent are expected to face greaterchallenges in re-establishing their living standards. The vulnerable groups will be provided with additional transitional support andrehabilitation assistance. For AHs with persons needing special assistance and/or medical care, the LGUs concerned will providenurses or social workers to help them before and during resettlement activities. The beneficiaries of such assistance includehouseholds with pregnant women, the elderly, ill family members, young children, and people with physical and mental disabilities.
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CC. Loss of Access
276. The ROW will be fenced to secure the Project area during construction and up to the train operation stage. Persons affectedby this loss of access to their properties will be covered under a separate RAP. At the time of the writing of this RAP there are noidentified areas that cause loss of access that cannot be mitigated. DOTr will continue to assess access provisions and will report onthis in regular monitoring reports.
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V. CHAPTER 5: COMPENSATION AND ENTITLEMENT
277. The provision of compensation and assistance is designed to enhance or at least restore the quality of life of all displacedpersons by this project in real terms, relative to pre-project levels and, where possible, to improve the standards of living of thedisplaced poor and other vulnerable groups. The project entitlements have been developed and is presented in the entitlement matrix(EM) (278. ). As appropriate, compensation will be accompanied with assistances, as outlined in the EM.
279. The identification of the eligibility of affected persons (APs) was carried out in accordance with census and tagging activitiesof structures, socio-economic survey (SES), and validation activities. For the relocation of low-income affected households (AHs), theDepartment of Transportation (DOTr) in cooperation with the National Housing Authority (NHA) for assisted resettlement, will workclosely with the Malolos to Angeles, Malolos, Calumpit, Apalit, Minalin, Sto. Tomas, San Fernando, and Angeles local governmentunits (LGUs) and other relevant government offices or units.
280. The EM outlines the details of the compensations and entitlements, as per the impact and eligibility criteria. The entitlementmatrix is tailored for the specific impacts covered under the scope of this resettlement action plan (RAP). Specifically, it providesdetails of compensation and entitlements for:
(i) Loss of trees and crops
(cxliv) Loss of structures
(cxlv) Loss of income/livelihood
(cxlvi) Loss of non-land assets and improvements
(cxlvii) Additional hardship due to vulnerability
(cxlviii) Unanticipated involuntary resettlement impacts
A. Units of Entitlements
281. The unit of entitlement is the entity (individual, family or household, or community) eligible to receive compensation orentitlements. The units of entitlement include the following categories:
(i) Individuals or juridical persons having legal ownership of structures and/or community facilities will be consideredas the unit of entitlement of the subject property;
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(cxlix) Owners of residential or non-residential structures, with or without legal ownership on the land where thestructure is located, will be considered as the unit of entitlement, upon presentation of sufficient proof of ownershipof said structure;
(cl) Owners of crops, trees and other agricultural produce, with or without legal ownership on the land where the crops,trees and/or agricultural produce is located, will be considered as the unit of entitlement, upon presentation ofsufficient proof of ownership of crops, trees and/or agricultural produce being claimed;
(cli) A household will be the unit of entitlement, in instances where the household will be impacted by physicaldisplacement and requiring relocation assistance, including:
Households that own the dwelling structure but do not have legal ownership on the land where the structure is located (structure owner);
Households that are renting, leasing rent free occupying or sharing the structure Households that have previously availed of government socialized housing program (returnees) and are
deemed ineligible by key shelter agencies (KSA) to participate in the socialized housing program; and APs who reside in temporary dwellings.
(clii) Adults whose waged-based income will be impacted will be the unit of entitlement for livelihood rehabilitation andimprovement assistance and compensation for income losses, as detailed in Table VI -79.
Table V-76: Affected Persons Entitled to Livelihood Restoration AssistanceMajor Group of
APsEntitled APs Based on Entitlement Matrix
APs engaged in micro-business26 activity
APs who own affected fixed micro businesses within the project right-of-way (PROW) (e.g. small shops, sari-sari store, carinderia, food stand, repair shop, etc.) with or without permits from the LGU concerned. APs who have agricultural business with or without lease/rental agreement with the landowner. APs who own affected small business establishments within the PROW. APs who own affected medium and large business establishments within the PROW.
APs engaged in wage-based occupation
APs who are employed in a displaced commercial, industrial establishment or agricultural businesses and lose their job due to closure of business or laying off as a result of minimized operation. APs who permanently relocate to a place that makes former wage-
26 A micro-business is defined as a home-based business or a business outside of a home with no more than 10 employees and with capitalization below PhP3million according to Barangay Micro Business Enterprise Act of 2002.
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based livelihood opportunities inaccessible and as a result need to find new employment or source of livelihood. APs who permanently relocate to a place that makes it more expensiveto commute to their place of work and they retain their employment.
APs engaged in land-based activity
APs who are agricultural tenants and sharecroppers. APs who are landowners or lessee who are directly engaged in farming.
Source: JICA Design Team (JDT).
(cliii) The unit of entitlement for vulnerable groups are households and includes:
Households below poverty threshold; Low income household27 headed by the elderly; Low income household headed by a solo parent with dependent/s; and Low income household with any member of the family residing in the household at the time of the cut-off date
who is categorized as a person with disability (PWD)28.
(cliv) Government agencies or LGUs which are owners of affected public structures, community facility and areas onpublic land are considered the unit of entitlement for compensation relating to project impacts on thesestructures and public land.
DD. Conditions
282. In applying these units of entitlement, the following conditions apply.
(i) A household with only one (1) family member will have the same entitlement as those having more than onehousehold member (with the exception of food allowances during relocation as this is calculated on a per personbasis).
(clv) Female-headed households are to be equally recognized as a unit of entitlement, similar to male-headedhouseholds.
(clvi) The unit of entitlement for loss of income from business activities will be the legally registered owner of thebusiness activities who at the time of the census is operating the business on the land or structure to be acquiredby the project. For small shops, micro business and vendors with no registration or permit, or supporting documentsas proof of income, compensation will be based on the indicated income in the survey questionnaire utilized and
27 A low-income household in this RAP is defined as a household whose combined income of household members is below PhP40,000.28 Persons with disabilities are those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in
the manner or within the range considered normal for a human being; as defined in Republic Act (R.A.) No. 7277, as amended.
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validated by the Project Management Office (PMO) of the Malolos-Clark Railway Project (MCRP) or the RAPImplementation Management Committee (RIMC).
(clvii) The unit of entitlement for loss of income from agricultural land will be the AP who is directly engaged in farming inthe affected land which could be lessee, tenant and sharecroppers who till the land. Wage-based workers in thesefarms are entitled to compensation for loss of income as employees.
Legal co-owners of structures and/or business will be included within the one unit of entitlement under the samearrangement as the co-sharer of documents or as per existing form of income-expenses-profit share arrangements.
Households, regardless of income and category, will have the option to choose between self-relocation assistance and assisted resettlement. The housing modality will depend on several factors such as income, previous inclusion to relocation projects, and AP’s preferences.
EE. Persons Who Have Moved into the PROW After the Cut-off Date
283. Persons or households who moved into the affected structure after the cut-off date29 will be ineligible for resettlementassistance. Similarly, all illegal structures built and trees planted in the affected land after the cut-off date are not compensable andpersons living in these illegal structures will also be ineligible for resettlement assistance. Evicted renters/non-landowners who are inthe household master list will be eligible for assistance. The eligibility has been confirmed through validation conducted jointly by theDOTr, Malolos to Angeles LGUs, and the NHA.
FF. Modes of Acquisition
284. The entitlement matrix outlines the entitlements for loss of structures and other assets, income and means of livelihood, aswell as other forms of assistance for vulnerable groups. The entitlement matrix in this chapter sets out the details of compensation forall affected persons and households.
GG. Processes for Provisions of Compensation and Entitlements
285. The process for the provision of compensation and entitlements, as they relate to assets and structures is detailed below.Refer to Chapter 6 for the process pertaining to relocation assistance and Chapter 8 for the process pertaining to livelihoodrestoration and improvement. There will be land requisition and recovery under the section covered for this RAP.
29 Cut-off date for non-landowners (i.e., rent-free farmers, informal settler families) refer to Chapter 2.
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HH. Process for Negotiated Sale
286. DOTr will issue a Notice of Taking (NoT) to the affected property owners as early as possible to (1) give them sufficient timeto prepare and complete necessary paperwork requirements for compensation; and (2) enable early validation and authentication ofproof of ownership by DOTr; and (3) set the cut-off date for legal property owners. DOTr will provide copies of the NoT to respectiveLGUs and pertinent national government agencies so that concerned officials are made aware of which properties have been servedsaid Notices and as such should not issue any building, construction, development, or business permit that are not in accordancewith the approved plans and purposed of the Project within the ROW, as mandated by RA 10752 and its IRR. Parallel to the issuanceof NoT, DOTr will provide a notice of information with regards to the location of the final alignment to concerned LGUs. This noticewill serve as the basis of LGU to revoke the building permit for those structures that are under construction and to halt issuance ofbuilding permit within the approved project alignment subject to observance of due process.
287. In this manner, payment of compensation can be expedited if the property owner can submit supporting documents to DOTrupon receipt of NoT. DOTr may start the issuance of the Offer to Buy (OTB) once it accepts the property appraisal and the detaileddesign phase RAP is approved by JICA/ADB. The OTB contains the (i) amount that DOTr offers to the PAPs for their affectedproperty(ies); and (ii) gives the PAPs 30 days to submit the “return slip” from the OTB along with the supporting documents to provetheir ownership of the property signifying their acceptance of the offer. The property owner has the option to assign an attorney-in-fact as representative for the process. Upon receipt of the documents, DOTr will validate its authenticity and completeness. Shouldthe PAP refuse or fail to submit the return slip and supporting documents within 30 days, DOTr through the Office of the SolicitorGeneral (OSG) may initiate expropriation proceedings.
288. If entire lot will be acquired for ROW, the sale may proceed directly to the execution of the Deed of Absolute Sale, otherwise ifit is a partial land acquisition, then a lot subdivision plan/map will be submitted to DENR-LMB for approval prior to the execution ofDeed of Absolute Sale,289. For affected land with structures, improvements and crops/trees, DOTr and the AP will, upon acceptance of offer andverification of ownership, execute either a Deed of Absolute Sale (DOAS), or DOAS with Permit to Enter (PTE) and Agreement toDemolish and Remove Improvement (ADRI). Once the DOAS, PTE and ADRI have been executed, DOTr may proceed to paymentof compensation. A sample ADRI is attached as Appendix 5.
290. For both cases APs with complete documents will be compensated at 100% payment for land, improvements, crops andtrees. For PAPs with tax property arrears, payment will be 100% of the amount, less the RPT arrears paid directly to LGU30.
291. Should the AP need financial assistance to settle his/her accounts (i.e., RPT arrears, mortgaged property), DOTr may issuean advance payment upon the PAP’s request.
30 Real property taxes, as mandated by law are taxes on real properties, paid on an annual basis to respective local government units. APs who need to settle RPT arrears ofsignificant amounts equivalent to 10% or more of the replacement value of their affected property will be eligible to be included in the Livelihood Restoration and ImprovementProgram.
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292. For APs with EJS cases that are considered curable, 50% of compensation for land and 100% for improvements/structuresand crops/trees will be paid in advance to PAPs. Any remaining amount will be paid in full prior to displacement of PAPs. 293. For APs with Extra Judicial Settlement (EJS) cases that are considered incurable, DOTr will initiate filing of expropriationcases31. APs may draw compensation for improvements/structures and crops/trees from the proper Court. DOTr will providenecessary rental subsidy and other entitlements prior to displacement.
294. Similarly, APs who own the structures but do not own the land will sign a memorandum of Agreement (MOA) and execute anADRI with DOTr. (The detailed process for households to relocate is presented in Chapter 7 of this RAP along with the Guidelines forDismantling Structures). If the documents are complete and verified at that time, the AP will receive full compensation for all theaffected properties including crops and trees.
295. Figure V -16 illustrates the flow of right-of-way acquisition including Negotiated Sale and Expropriation Proceeding asexplained in Sections 6.4.1 and 6.4.2 here.
31 Incurable EJS cases refer to those wherein it is deemed not possible to reach an agreement outside of the court process among rightful heirs and the only remedy would be forthem to enter judicial process to settle partition of estate.
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Figure V-16: DOTr Land Acquisition Swimlane
296. The DOTr will issue an offer to compensate (OTC) presented in Appendix 4 of this RAP to owners of affected structures,improvements, trees, and crops as early as possible to (i) give them sufficient time to prepare and complete necessary paperworkrequirements for compensation; and (ii) enable early validation and authentication of proof of ownership by the DOTr. 297. The OTC will indicate: (i) amount that the DOTr offers to APs for their affected structures, trees and crops; and (ii) gives theAPs 30 days to submit an attached reply letter to the OTC along with the supporting documents to prove their ownership of theproperty signifying their acceptance of the offer. The property owner has the option to assign an attorney-in-fact as representative forthe process. Upon receipt of the documents, the DOTr will validate its authenticity and completeness. Should the AP refuse or fail tosubmit the Reply Letter and supporting documents within 30 days, DOTr may initiate other legal means to acquire the structures.
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298. For affected structures, improvements and crops/trees, the DOTr and APs will, upon acceptance of offer and verification ofownership,32 execute either a deed of absolute sale (DOAS), or DOAS with a permit to enter (PTE) and an agreement to demolishand remove improvements (ADRI). A sample ADRI form is in the appendices of this RAP. Once the DOAS, PTE, and ADRI areexecuted, the DOTr may proceed to payment of compensation. The final price after the issuance of the offer to compensate will beindicated in the DOAS based on the final price as certified by an independent GFI appraiser engaged by the DOTr.
299. For both cases APs with complete documents will be compensated current market price of structures and improvements,current valuation matrix of the Department of Agriculture (DA) on crops/fruit trees, and the Forest Management Bureau (FMB) of theDepartment of Environment and Natural Resources (DENR) for timber trees.
300. Similarly, APs who own the structures but do not own the land will sign a Memorandum of Agreement (MOA) and execute anADRI or similar agreements with the DOTr. The detailed process for households to relocate is presented in Chapter 6 of this RAPalong with the guidelines for dismantling structures). If the documents are complete and verified at that time, APs will receive fullcompensation for all the affected properties including crops and trees.
II. Process of Expropriation
301. For affected land with structures, improvements and crops/trees, DOTr and the AP will, upon acceptance of offer andverification of ownership, execute either a Deed of Absolute Sale (DOAS), or DOAS with Permit to Enter (PTE) and Agreement toDemolish and Remove Improvement (ADRI). Once the DOAS, PTE and ADRI have been executed, DOTr may proceed to paymentof compensation. In the event that the AP refuses or fails to accept the compensation in the negotiated sale or refuses to cooperateor submit the documents necessary for payment, DOTr will initiate expropriation proceedings. There might be other cases wherein itmay be necessary for DOTr to initiate expropriation proceedings, including i) ownership disputes in the event of multipleownership/claimants, ii) owner is unable to be located, and iii) owner cannot be identified.
302. For expropriation cases, a check will be deposited to the court upon the filing of complaint by the DOTr through the OSG, asits legal counsel. For land, the amount of compensation will be computed based on the latest Bureau of Internal Revenue (BIR) zonalvalue. For structures and improvements, the basis of computation will be in terms of full replacement cost as defined in R.A. 10752and its Implementing Rules and Regulation (IRR). Loss of non-land assets and improvements will be compensated based on itscurrent market value.
303. The Court will immediately issue an order for DOTr to take possession of the property (also referred to as a Writ ofPossession) and with order of demolition (for structures, improvements, crops and trees) the PAP will be required to vacate theproperty. DOTr will be able to start implementation of the project as provided in Section 6(a) of R.A. 10752. While the court
32 Upon completion of ownership documents.
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adjudicates the compensation to be paid, the PAP may, at any time, request the court to release such deposit upon presentation ofproof of ownership (Section 6(a) R.A. 10752).
304. After the case has been heard by the court, the court will order DOTr to pay the difference, if any, between the initialcompensation and the just compensation as determined by the Commissioners assigned by said court. DOTr will pay the necessarydocumentary stamp tax and registration fees while the PAP will shoulder the CGT and any unpaid RPT. If compensation is less thanreplacement cost, the DOTr will apply a mitigation measure to reach replacement cost.
305. Based on Rule 16 Section 1(h) of the 1997 Rules of Court on Civil Procedures, the plaintiff (DOTr) can withdraw the case anytime before the filing of the answer by the defendant (PAPs). If the answer has been filed, there has to be a joint filing by DOTr andthe owner to withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures).
306. In both cases, the acquisition mode would revert back to Negotiated Sale, which will entitle the owner to payment at currentmarket value for land (as indicated in DOTr’s OTB), free of taxes, including CGT, and registration fees, replacement cost forstructures and improvements, and market value for crops and trees.
307. If no motion to dismiss as above described is filed, expropriation proceedings will continue. Once the court decision becomesfinal, executory acquisition mode (expropriation) cannot revert back to any other mode. 308. Where APs agree to the negotiated sale but are unable to gain the necessary documents to show proof of ownership, DOTrmay pursue a joint motion in the court for a compromised judgement reflecting the agreed amount – on a case-by-case basis and ingood faith. DOTr will provide assistance to APs whose lands will be subjected to EJS. This will be done through the Help Desk thatwill be established at each LGU prior to the issuance of the NoT. Thus, early issuance of the NoT will support PAPs to have enoughtime to complete the EJS process prior to issuance of the OTB letter. If PAPs are unable to complete the EJS before theexpropriation proceedings are heard by a court, DOTr will pay the just compensation as determined by the court, as well as anyrequired taxes including CGT, except for any unpaid RPT.
JJ. Required Documents for Payment of Compensation
a. Structure owners including informal settlers are required to present the following:
(i) Two valid government-issued identification cards;
(clviii) Clearance for structures and improvements, if applicable, from the LGU;
(clix) Special power of attorney (SPA), if applicable; and
(clx) Tax declaration of improvements (if any).
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b. Non-landowners (NLOs)/Informer settler families (ISFs) who/which own structures are required to submit the following:
(i) Certification from the barangay concerned stating that he/she is the rightful owner of the structure;
(clxi) Affidavit of the claimant, and two other persons not related to the claimant, preferably neighbor and/or landowner of theadjacent properties;
(clxii) Upon submission of these two, validation of claims and issuance of certification from concerned Local Housing Board (LHB);and
(clxiii) Other documentary evidence available as proof of ownership of structure.
c. Owners of crops and trees who are also landowners are required to present the following:
(i) Two valid government IDs
(clxiv) SPA, if applicable; and
(clxv) If applicable, two valid government-issued identification cards of the designated signatory to the Deed of Sale in the SPA.
d. Owners of crops and trees on land that they do not own are required to present the following
(i) Certification from the barangay concerned stating that he/she is the rightful owner of the crops and trees;
(clxvi) Affidavit of the claimant, and two other persons not related to the claimant, preferably neighbor and/or landowner of theadjacent properties; and
(clxvii) Upon submission of these, validation of claims and issuance of certification from the concerned RIMC.
KK. Income Loss
309. The owners of one micro business including 129 employees will present the following:a. For displaced employees of affected businesses:
(i) Two valid government IDs;
(clxviii) Joint affidavit of the employee and of affected business owner that the former will be or was displaced from their current jobdue to the project; and
(clxix) SSS, PhilHealth, Pag-IBIG or GSIS records of employing entity to establish that the person is indeed employed in theircompany prior to the implementation of the project; or
(clxx) Validation of claims and issuance of certification from the concerned RIMC.
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b. For affected micro-businesses with an annual income of PhP250,00033 and below:
(i) Two valid government IDs; and
(clxxi) Validation of claims and issuance of certification from the concerned RIMC.
c. For affected micro-businesses with an annual income above PhP250,000 and affected small, medium and large businesses:
(i) Two valid government IDs of business owner or authorized representative;
(clxxii) Registration of the Department of Trade and Industry (DTI) or the Securities and Exchange Commission (SEC), whichever isapplicable; and
(clxxiii) Income tax return of the previous year.
LL. Assistance to Obtain Necessary Documents
310. The DOTr will provide assistance to APs who need to obtain the above-mentioned documents. This will be done through theHelp Desk that has been established at Malolos to Angeles, Malolos, Calumpit, Apalit, Sto. Tomas, Minalin, San Fernando, andAngeles LGUs. Template waiver forms and barangay certification/letters will also be available from the local help desk to supportAPs in obtaining information on required paper works.
MM. Payment Schedule
311. Compensation payments of affected structures and improvements to NLOs/ISFs will be paid in full before occurrence of lossand will not require a phased payment schedule.
312. shows the entitlement matrix providing details for compensation and entitlements for affected persons and households whichis based on the entitlement matrix of the RIPPF and has been tailored to the situation and APs covered under this RAP.
313. The schedule of payment to Legal Property Owners is summarized in the following table.
33 Annual income exempted from tax based on the Graduated Income Tax under Section 24(A)(2) of the Tax Code of 1997, as amended by Republic Act 10963.Retrieved from: bir.govg.ph.
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314. Table V-77: Payment Schedule for Legal Property Owners
315. PAP Category316. 1st
Payment317. 2nd
Payment
318. Documents to
beExchang
ed withDOTr
Prior toPayment
s
319. Timingfor PAPs to
vacate320.
321. A. Negotiated Sale
322. Case 1.323. PAP with complete
documents includingOwner’s Copy of the
Title (PAPs whosubmitted proofs of
ownership afterissuance of NoT andthe documents have
been subjected to duediligence by DOTr).
100% of theland
100% for thestructures,
crops and trees
324. N/A DOAS
ADRI34
325. Followingfull
compensationpaid (after the
1st payment asthere is only
one payment)
326.
327. Case 2. 328. PAPs with complete
documents but onlysubmitted these afterissuance of OTB, and
as such DOTr needs toundertake due diligence
first.
90% of the land
100% for thestructures,
crops and trees
329. 10% ofthe land
DOAS
ADRI
330. Followingfull
compensationpaid (after the2nd payment)
331.
332. Case 3. 333. PAPs with complete
documents except taxclearance.
100% for landand structure/improvement
less the amountof RPT arrears
paid by DOTr
334. NA DOAS
ADRI
335. Followingfull
compensationpaid (after the2nd payment)
336.
34 ADRI is necessary only if there are affected structures.
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315. PAP Category316. 1st
Payment317. 2nd
Payment
318. Documents to
beExchang
ed withDOTr
Prior toPayment
s
319. Timingfor PAPs to
vacate320.
directly to theLGU
100% for thestructures,
crops and trees
337. Case 4.338. PAPs/cases which
require EJS.
50% of the land
100% for thestructures,
crops and trees
339. 50% ofthe land
DOAS
ADRI
340. Followingfull
compensationpaid (after the2nd payment)
341.
342. B. Expropriated Property
343. Applicable to allcases.
344. An initial compensation at anamount computed at 100% of lot
price based on latest BIR zonalvalue for land, replacement costfor structure and improvements,and market value for crops andtrees. A check will be deposited
to the court in favor of the ownerupon filing of expropriation case
by DOTr.345. While the court adjudicates
the compensation to be paidthrough its appointed
commissioners to determine thejust compensation, the PAPsmay, at any time request the
court to release the amount ofthe deposited check upon
347. 348. Afterissuance from
the court ofthe Writ of
Possession toDOTr. This is
roughly 10days after
filing theexpropriation
case and isbefore thefinal courtdecision.349.
350. At thesame time
352.
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315. PAP Category316. 1st
Payment317. 2nd
Payment
318. Documents to
beExchang
ed withDOTr
Prior toPayment
s
319. Timingfor PAPs to
vacate320.
presentation of proof ofownership.
346. After the case has beenheard by the court, the Court willorder DOTr to pay the difference,
if any, between initialcompensation and the just
compensation as determined bythe court.
that the Writof Possession
is issued,PAPs will beable to claim
the depositedamount of
money heldby the court, if
they canprove
ownership.351.
353.354.355. Compensation payments to Non-landowners/ISFs will be paid in full before occurrence of loss and will not require a phasedpayment schedule. L. Entitlement Matrix
140
356. shows the Entitlement Matrix providing details for compensation and entitlements foraffected persons and households.
357.
141
358. Table V-78: Entitlement Matrix359.
360. Type of Impact 361. Loss of Land
362. Entitled Person 363. (Severe/Full) 364. (Marginal/Partial)
365.1a
366. APs who have full title being OCT or TCT or Emancipation Patents (EP) or (CLOA).
367. Entitlements:368. Cash compensation for loss of land at full
replacement cost computed at current market value, free of taxes, including CGT, DST, transfer tax, and registration fees, except RPT arrears.
369.370. OR371. If feasible, land for land will be provided in
terms of a new parcel of land of equivalent productivity, at a location acceptable to APs.
372. Entitlements:373. Cash compensation for portion of land at full
replacement cost computed at current market value, free of taxes, including CGT, DST, transfer tax, and registration fees, except RPT arrears.
374.375. Easement Agreement:376. If the portion of a lot required for a ROW is
minimal, such that the expenses for surveying or segregating that portion from the main lot would be more than the value of the part of the lot needed, the DOTr may, if the owner agrees, resort to the mode of easement of ROW (Title VII, Chapters 1 and 2 Civil Code of the Philippines). In this case, cash compensation for the value of the portion of the land subjected to easement agreement computed at latest BIR zonal value, with owner retaining ownership of said portion of land (Article 630, Chapter 1, R.A. 386/ Civil Code of the Philippines).
377.1b
378. APs who are not original patent holders of lands granted through C.A. 141 (i.e. those who have bought the patent for the land previously granted through C.A. 141) and where any previous acquisition is not through a gratuitous title (e.g., donation or succession) (C.A. 141, Chapter 7).
381.1c
382. For untitled land, APs who can present: (a) Tax Declaration showing his and his predecessors’ open and continuous possession of the property for at least 30 years, (b)a certification from the DENR that the land is alienable and disposable,and (c) other documents that may show proof of ownership (RA 10752).
385.1d
386. APs who were former ISFs but now hold title of land as a result of agovernment socialized housing program.
389.1e
390. APs who were former ISFs and government socialized housing program beneficiaries whose titles are still under the name of the organization.
391. Entitlements:392. Same as above, with less any amount still
owing to the title.
393. Entitlements:394. Same as above.
395.1f
396. APs who are original patent holders of lands granted through Commonwealth Act (C.A.) No. 141
397. Entitlements: 398. No compensation for land up to 20 m width if
patent was granted prior to 1975, and up to 60 m
399. Entitlements:400. No compensation for the affected portion of
land within 20 m width if patent was granted prior to
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360. Type of Impact 361. Loss of Land
362. Entitled Person 363. (Severe/Full) 364. (Marginal/Partial)
and the land has not been subjectedto previous government exercise of its lien.
width for patents granted thereafter35. In excess of government lien, follow other entitlements for 1a.
1975 and up to 60 m width for patents granted thereafter. In excess of government lien, follow other entitlements for marginal/partial impacted 1a PAPs.
401.1g
402. APs whose properties are mortgaged (‘properties’ may be land, land and building, or building within a condominium association such as an apartment.)
403. Entitlements:404. Same as above but check payment will be split
into as follows.1. For mortgagee APs – Full replacement cost as
defined above, less remaining amortization;2. For mortgagor – Remaining amortization amount,
computed based on original amount of principal,less interests for remaining amortization period
405. Entitlements:406. DOTr to request mortgagee to segregate the
portion of the property to be acquired for ROW fromthe rest of the property.
1. Full replacement cost for portion of the mortgagedproperty to be acquired, less remainingamortization;
2. Pay Mortgagor the remaining amortization amountneeded to release portion of mortgaged property
407.1h
408. APs whose properties are ordinary assets36 (i.e., property is used in trade or business or primarily held for sale).
409. Entitlements:410. Cash compensation for loss of land at full
replacement cost computed at current market value, free of taxes, including Value Added Tax (VAT), DST, transfer tax, and registration fees, except Expanded/Creditable Withholding Tax37 (EWT) and RPT arrears.
411.Entitlements:412. Cash compensation for portion of land at full
replacement cost computed at current market value, free of taxes, including VAT, DST, transfer tax, and registration fees, except EWT3 and RPT arrears.
413. Implementation Considerations: DOTr will notify property owners early to enable time to gather necessary paperwork as proof of ownership. APs may seek guidance from DOTr through the
Help Desk at the LGU on documentation requirements. If the original patent granted under CA 141 has been subject to Government exercise or lien, it cannot be subject to lien a subsequent time. PAPs can request DOTr to pay the RPT arrears in advance to the LGU. This amount will be deducted from the compensation payment, except when the
arrears is higher than the total compensation amount. The land for land option refers to productive land only and will be considered on a case by case basis considering the potential complexities in transferring
titles, in order to ensure that there is not a large gap between acquisitions of land and providing the new parcel of land to the PAP. APs who need to settle RPT arrears of significant amounts equivalent to 10% or more of the replacement value of their affected property will be eligible to be
included in the LRIP.
35 For example, if the affected land was granted through CA 141 prior to 1975 and the land to be acquired for the right of way was a strip of land up to 20m then the PAP would notbe entitled to compensation for the land. If, however, the land to be acquired from the same land was wider than 20m (say 50m) then the PAP would be entitled to compensationfor any area over the 20m width (in this case 30m) provided other required conditions are met. For land granted through CA 141 from 1975, then the any land acquired up to awidth of 60m would not be compensated and same principle would apply as to the 20m example.
36 As defined in Section 2.b of BIR Revenue Regulation (RR) 7-2003. As stipulated in the same section, this also includes real properties acquired by banks through foreclosuresales.
37 Sales of properties by a corporation which is registered with and certified by the HLURB or HUDCC as engaged in socialized housing project with the selling price as determinedand adjusted by HLURB are exempted from payment of EWT (Section 2.57.5 of the BIR Revenue Regulation 2-98).
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360. Type of Impact 361. Loss of Land
362. Entitled Person 363. (Severe/Full) 364. (Marginal/Partial)
Non-viability of remaining portion will be determined by DOTr in consultation with the PAP. If the remaining portion of land is not viable for continued use for theoriginal purpose or if more than 80% of the entire land is to be acquired, the entire plot will be acquired subject to agreement of the PAP.
In the event that the appraised value is lower than the BIR zonal value, DOTr will consider re-appraisal of the property. In the event that there are fees associated with the mortgager’s segregation of the portion of the property to be acquired for the ROW from the rest of the
property, such fees will be borne by DOTr.414.415.
416. Type of Impact 417. Loss of Structure418. Entitled Person 419. (Severe/Full) 420. (Marginal/Partial)
421.2a
422. APs who own structures/improvements and also own the land where the structure is located.
423. Entitlements:
Cash compensation for the entire structureequivalent to full replacement cost withoutdeduction for the depreciation or salvagedmaterials.
In cases where the affected structures are beingused as a dwelling by the structure owner andtheir family residing there, self-relocation orassisted resettlement as follows:
424. 1. Self-relocation assistance 425. (i) Rental subsidy equivalent to five months of
rental payment for an alternative dwelling;426. (ii) Cash compensation to cover the cost of
connecting utilities such as water and power;427. (iii) Transportation to new dwelling inclusive of
transportation of belongings; and 428. (iv) Food allowance of PhP150 per person for
three days relocated or a food parcel of equal or greater amount (as determined by DOTr).
429.430. AND431. 2. Assisted-resettlement432. (i) Option to avail of government economic and
medium cost housing program under the HDMF otherwise known as Pag-IBIG Fund. The Pag-IBIG housing loan may be used to finance any one or a
438. Entitlements:
Cash compensation for the affected portion of thestructure at full replacement cost without deductionfor depreciation or salvaged materials.Replacement cost includes repair and otherassociated costs for restoring damaged portion ofthe structure.
Cash allowance for repair costs commensuratewith actual costs.
Rental subsidy for a maximum of three months willbe provided if it is determined and agreed betweenthe PAP and DOTr PMO that retrofitting thestructure will require the PAP to temporary vacatethe place.
439.2b
440. APs who own structures/improvements but do not own the land where the structure is located on and are not a low-incomehousehold and/or they own a dwelling elsewhere.
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combination of the following:433. - Purchase of a fully-developed residential lot
or adjoining residential lots not exceeding 1,000 m2;434. - Purchase of a residential house and lot,
townhouse or condominium unit;435. - Construction or completion of a residential
unit on a residential lot owned by the member;436. - Home Improvement; and/or437. - Refinancing of an existing housing loan.
443. Implementation Considerations: The amount of the rental subsidy by locality will be determined by DOTr through the replacement cost study, prior to the displacement of PAPs. The DOTr will enter into an agreement with Pag-IBIG so that available housing programs can be made accessible to eligible PAPs through their respective
LGUs. Elderly ISFs without any next of kin that do not meet Pag-IBIG program eligibility criteria may have the option to avail of affordable public rental facilityarranged by DOTr. Rental allowance/ subsidy will be provided while awaiting availability of public rental facility.
PAPs will not be responsible for demolition of structures. PAPs may be allowed to self-demolish their structures where safe to do so to enable them to preservematerials that still have salvage value. In such cases PAPs will be entitled to keep salvageable materials without deduction from compensation.
Eligibility requirements for Pag-IBIG Loan: (i) active member of Pag-IBIG Fund; (ii) have made at least 24 monthly savings (the lump sum payment of therequired 24 monthly savings is allowed); (iii) have the legal capacity to acquire and encumber real property; (iv) have passed satisfactorily background credit/and employment/business checks of Pag-IBIG Fund; (v) have no outstanding Pag-IBIG short-term loan in arrears at the time of loan application; (vi) have noPag-IBIG housing loan that was foreclosed, cancelled, bought back due to default, or subjected to dacion en pago; and (vii) if with existing Pag-IBIG housingloan, either as principal or co-buyer/borrower, it must be updated.
The maximum loanable amount is PhP6M based on the lowest of the following: (i) member’s actual need; (ii) desired loan amount, (iii) loan entitlement basedon capacity to pay; and (iv) loan-to-appraised value ratio.
Pag-IBIG loan term or maximum repayment period is 30 years. Normal loan application may either be through on-line scheduling of appointment or walk-in at any Pag-IBIG branches. In the case of PAPs, DOTr will make
necessary agreement with the HUDCC so that the PAPs can be assigned a priority lane or similar arrangement for faster processing of their loan. With regards to marginally/partially affected structures, if the affected portion results in the structure no longer being suitable for a dwelling for the structure
owner and residents, then self-relocation or assisted resettlement options apply. Compensation and entitlement to structure shall also apply to those whose structure/s will be affected by the provision of setback. Non-viability of remaining portion will be determined by DOTr in consultation with the PAP.444.
445. Type of Impact 446. Loss of Structure447. Entitled Person 448. (Severe/Full) 449. (Marginal/Partial)
450.2c
451. APs who are renting, leasing or sharing the structure/improvement, and do not have a low-income.38
452. Entitlements:
No compensation for land or structures.
In cases where the structures are being used asresidential dwellings, self-relocation or assistedresettlement as follows:
453. 1. Self-relocation assistance
471. Entitlements:
No compensation.
In the case of residential dwellings, if the affectedportion results in the structure no longer beingsuitable for a dwelling, then self-relocation orassisted resettlement option apply.
38 For this project, low income families are those whose combined family monthly income is below PhP 40,000.
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454. (i) Rental subsidy equivalent to five months of rental payment for an alternative dwelling;
455. (ii) Cash compensation to cover the cost of connecting utilities such as water and power;
456. (iii) Transportation to new dwelling inclusive of transportation of belongings; and
457. (iv) Food allowance of PhP150 per person per day for three days or a food parcel of equal or greater amount (as determined by DOTr).
458.459. OR460.461. 2. Assisted resettlement462. (i) Option to avail of government economic and
medium cost housing program under the HDMF otherwise known as Pag-IBIG Fund. The Pag-IBIG housing loan may be used to finance any one or a combination of the following:
463. - Purchase of a fully-developed residential lot or adjoining residential lots not exceeding 1,000 m2;
464. - Purchase of a residential house and lot, townhouse or condominium unit;
465. - Construction or completion of a residential unit on a residential lot owned by the member;
466. - Home improvement; and/or467. - Refinancing of an existing housing loan.468. (ii) Cash compensation to cover the cost of
connecting utilities such as water and power;469. (iii) Transportation to new dwelling inclusive of
transportation of belongings; and 470. (iv) Food allowance of PhP150 per person
relocated for three days or a food parcel of equal orgreater amount (as determined by DOTr).
Rental subsidy for maximum of 3 months will beprovided if it is determined and agreed betweenthe AP and DOTr PMO that retrofitting will requiretemporary vacating the place.
472. Type of Impact 473. Loss of Structure474. Entitled Person 475. (Severe/Full) 476. (Marginal/Partial)
477.2d
478. APs who are renting, leasing or sharing the structure/improvement, and have a low-income.39
479. Entitlements:
No compensation for land or structures.
In cases where the structures are being used asresidential dwellings, self-relocation or assisted
494.
39 For this project, low income families are those whose combined family monthly income is below PhP 40,000.
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resettlement as follows:480. 1. Self-relocation assistance481. (i) Rental subsidy equivalent to five months of
rental payment for an alternative dwelling; 482. (ii) Cash compensation to cover the cost of
connecting utilities such as water and power;483. (iii) Transportation to new dwelling inclusive of
transportation of belongings; and 484. (iv) Food allowance of PhP150 per person per
day for three days or a food parcel of equal or greater amount (as determined by DOTr).
485.486. OR487. 2. Assisted resettlement488. (i) Option to avail of government socialized
housing (if qualified); 489. (ii) Cash compensation to cover the cost of
connecting utilities such as water and power (if not provided by KSA/LGU);
490. (iii) Transportation to new dwelling inclusive of transportation of belongings; and
491. (iv) Food allowance of PhP150 per person for three days relocated or a food parcel of equal or greater amount (as determined by DOTr).
492.493. If completion of the socialized housing at the
relocation site will not be ready in time, rental subsidy will be provided.
495. Type of Impact 496. Loss of Structure497. Entitled Person 498. (Severe/Full) 499. (Marginal/Partial)
500.2e
501. APs who own structures/improvements but do not own the land where the structure is located on and are a low-income household.40
502. Entitlements:
Cash compensation for entire structure equivalentto full replacement cost without deduction fordepreciation or salvaged materials.
In cases where the structures are being used asdwellings, self-relocation or assisted resettlementas follows:
503. 1. Self-relocation assistance
514. Entitlements:
Cash compensation for affected portion of thestructure equivalent to full replacement costwithout deduction for depreciation or salvagedmaterials.
Cash allowance for repair costs commensuratewith actual costs.
Rental subsidy for maximum of three months will
515.2f
516. APs who own structures/improvements and were former ISFs but now hold title of landthrough government socialized
40 Includes APs who previously participated in a government socialized housing program but who no longer have it, but did not sell it or rent it out (e.g. those who abandoned thehousing unit).
147
housing programs. 504. (i) If PAP opts to move to an existing property (verified by the receiving LGU), in-kind transportation to be provided inclusive of transportation of belongings; and
505. (ii) Cash compensation to cover the cost of connecting utilities such as water and power;
506. (iii) Food allowance of PhP150 per person per day for three days or a food parcel of equal or greater amount (as determined by DOTr).
507.508. OR509. 2. Assisted resettlement510. (i) Option to avail of government socialized
housing program of a partner government Key Shelter Agency (KSA) (if qualified); If not qualified for socialized housing, then the entitlements for assisted resettlement as per 2h apply.
511.(ii) Cash compensation to cover the cost of connecting utilities such as water and power (if not provided by KSA/LGU);
512. (iii) Transportation during relocation including hauling of household belongings to interim rental facilities, until the relocatees are transferred to the final resettlement site; and
513. (iv) Food allowance of PhP150 per person per day or a food parcel of equal or greater amount (as determined by DOTr) for three days during relocation to the interim rental units and during relocation to the permanent relocation site.
If completion of the socialized housingaccommodation will not be ready by time ofdisplacement, rental allowance will be provided.
be provided if it is determined and agreed betweenthe PAP and DOTr PMO that retrofitting willrequire temporary vacating the place.
519.2g
520. APs who were former ISFs and CMP/NHA beneficiaries whose titles are still under the name of the organization.
521. Entitlements:522. Same as above deducting any amount still
owed to the housing agency.
524.2h
525. APs who own structures/improvements but do not own the land where the structure is located, and who have previously availed of government socialized
527. Entitlements:
Cash compensation for entire structure equivalentto full replacement cost without deduction fordepreciation or salvaged materials.
In cases where the structures are being used as
148
housing program (returnees) and are deemed ineligible by the KSA to participate in the socialized housing program.
526.
dwellings by the structure owner and his/her familyresiding there, self-relocation or assistedresettlement as follows:
528. 1. Self-relocation assistance529. (i) If PAP opts to move to an existing property
(verified by the receiving LGU), in-kind transportation to be provided inclusive of transportation of belongings;
530. (ii) Cash compensation to cover the cost of connecting utilities such as water and power; and
531. (iii) Food allowance of PhP150 per person per day for three days or a food parcel of equal or greater amount (as determined by DOTr).
532.533. OR534.535. 2. Assisted resettlement536. (i) Option to avail of affordable public rental
housing accommodation provided by DOTr in partnership with KSA, NGOs and/or LGUs;
537. (ii) Cash compensation to cover the cost of connecting utilities such as water and power (if not provided by KSA/LGU);
538. (iii) Transportation during relocation including hauling of household belongings to interim rental facilities, until the relocatees are transferred to the final resettlement site; and
539. (iv) Food allowance of PhP150 per person per day or a food parcel of equal or greater amount (as determined by DOTr) for three days during relocation to the interim rental units and during relocation to the permanent relocation site.
540. If completion of the public rental housing accommodation
will not be ready by time of displacement, rentalallowance will be provided.
542. Implementation Considerations: APs will not be responsible for demolition of structures. However, APs may be allowed to self-demolish their structures where safe to do so to enable them to
preserve materials that still have salvage value. In such cases APs will be entitled to keep salvageable materials without deduction from compensation. Payment of compensation for structures and improvements may, upon the request of APs, be either:
i. Fully paid in cash;
149
ii. Used as an advance payment for their housing loan amortizations; or iii. Held in abeyance until they are transferred to the relocation site.
AP’s preference based on the above shall be stipulated in the respective ADRI. To ensure that funds are available until APs are relocated, DOTr shall make thenecessary arrangements with the Land Bank, or equivalent, so that an Escrow Account can be set up for this purpose. APs who preferred to defer payment wouldbe able to withdraw such upon presentation of the Certificate of Award as socialized housing beneficiary issued by the KSA.
For APs who own untitled condominium units, DOTr shall oblige developers, particularly if these were engaged by key shelter agencies, to make the necessaryarrangements to effect release of Certificate of Condominium Title to PAPs who have duly paid full amount in consideration.
Any fees required to be paid to community organizers to organize APs into homeowners or community association will be paid by DOTr. For cases where APs are required to avail of rental subsidy assistance while awaiting completion of socialized housing, assistance to transport belongings will be
provided both at time of initial displacement to temporary accommodation as well as to socialized housing when it is completed.543.544.545.2i
546. APs who occupy temporary dwellings41.
547. Entitlements:548. Provision of assisted resettlement options as
detailed for 2d provided that they present a certification from their respective Barangay Captains and Head of LGU’s Urban Poor Affairs Office (UPAO) or the Local Housing Office (LHO) orequivalent stating that they are bona fide residents and have occupied the project affected area prior tothe applicable cut-off date.
549. PAPs that do not meet the socialized housing program eligibility criteria but are able to present Certification may have the option to avail of affordable public rental facility through partnership with KSA, NGOs, and/or LGUs, to the extent possible.
550. If completion of the public rental facility will not be ready by time of displacement, rental subsidy will be provided.
551. Entitlements:552. No compensation for structure.
553. Implementation Considerations: Any fees required to be paid to community organizers to organize APs into homeowners or community association will be paid by DOTr The amount of the rental subsidy by locality will be determined by DOTr through market research. For cases where APs are required to avail of rental subsidy assistance while awaiting completion of socialized housing, assistance to transport belongings will be
provided both at time of initial displacement to temporary accommodation as well as to socialized housing when it is completed.554.
555. Entitled Person 556. Loss of income/Livelihood 557.558.559.3a
560. APs who own fixed micro businesses (e.g. small shops, sari-sari store, carinderia, food stand,
561. Entitlements:562. Cash compensation for income losses during transition period corresponding to stoppage of business
activities, not to exceed six months.42
570.571.
41 Moveable sleeping materials located within the project right-of-way (e.g., tent, cart, tarpaulin)
150
repair shop, etc.) with or without permits from the LGU concerned.
563. Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business elsewhere.
564. Assistance to transport belongings to new location.565. Assistance in securing soft loan to enable self-rehabilitation for those restarting business elsewhere.566. Participation in the Livelihood Restoration and Improvement Program (LRIP).567.568. For APs who are leasing space from property owners:569. For those who will continue with their micro-small business activities elsewhere, rental subsidy for three
months based on prevailing average monthly rental for a similar structure of equal type and dimension to the property being leased. Not applicable to lease contracts that will expire at the time of taking.
572.3b
573. APs who own small, medium and large business establishments43
574. Entitlements:575. Cash compensation for income losses during transition period corresponding to stoppage of business
activities, not to exceed six months.44
576. Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business elsewhere.
577. Assistance to transport belongings to new location.578. Assistance in securing soft loan to enable self-rehabilitation for those restarting business elsewhere.579.580. For APs who are owners of small, medium or large commercial establishments built inside own affected
property:581. Acquire the property but allow the owner of the structure and business use of the land for a defined period
to give the owner time to transfer, subject to agreement on a case to case basis.582.583. For APs who are owners of commercial/business entities and are leasing affected space/property:584. For those who will continue with their commercial and business activities elsewhere, rental subsidy for
three months based on prevailing average monthly rental for a similar structure of equal type and dimension to the property being leased. Not applicable to lease contracts that will expire at the time of taking.
585.586.
587. Entitled Person 588. Loss of income/Livelihood 589.590.591.3c
592. Vendors with no stalls45 593. Entitlements:594. Assistance in identification of, and transportation to, an alternative site to continue economic activity, e.g.
assistance in (a) shifting to areas within the same LGU where there is no construction, (b) identify alternative sites to sell, and (c) link to existing government livelihood programs.
595.596.
597.3d
598. Trolley drivers 599. Entitlements:600. Transitional support of minimum wage for four months46.
605.606.
42 Preferred mode of business transition is to help set up affected persons with an alternative but similar business with minimal transition period. Options have to be considered bythe PAPs with no delay.
43 Categories of business are based on capitalization and number of employees, with (1) PhP 3,000,001-15,000,000 capitalization and 10-99 employees for small businesses, (2)PhP 15,000,000-100,000,000 capitalization and 100-199 employees for medium businesses, and (3) More than PhP 100,000,000 capitalization and over 200 employees for largebusinesses. as defined under Small and Medium Enterprise Development (SMED) Council Resolution No. 01 Series of 2003 dated 16 January 2003.
44 Preferred mode of business transition is to help set up PAPs with an alternative but similar business with minimal transition period. Options have to be considered by the PAPswith no delay.
45 Pertains to vendors who do not have permanent vending structure (e.g. carts, moveable tables, etc.)
151
601. Participation in the LRIP.602. Provision of skills training in anticipation of available job positions during construction and operation of the
project.603. Training allowance47.604. Priority in employment during construction and operation stage of the project.
607.3e
608. APs who are employed in a displaced commercial, agricultural or industrial establishment and losetheir job due to closure of business or laying off as a result of minimized operation.
609. Entitlements:610. Cash compensation for net salary of two months based on actual salary. For APs whose income is below
or within the minimum wage, cash compensation for four months based on prevailing minimum wage48.611.Participation in the LRIP.612. Provision of skills training in anticipation of available job positions during construction and operation of the
project.613. Training allowance49.614. Priority in employment during construction and operation stage of the project.
615.616.
617.3f
618. APs who relocate to a place that makes former wage-based livelihood opportunities inaccessible and as a result need to find new employment or source of livelihood.
620.621.
622.3g
623. APs who relocate to a place that makes it more expensive to commute to their place of work andthey retain their employment.
624. Entitlements:625. Commuting allowance of an amount based on additional costs, but not exceeding PhP 5,000 per
household per month for three months (not entitled to 3e or 3f).50
626.627.
628. Entitled Person 629. Loss of income/Livelihood 630.631.632.3h
633. APs who are agricultural tenants and sharecroppers.
634. Entitlements:635. Financial assistance equivalent to the average gross harvest for the last three years and not less than P
15,000 per hectare (EO 1035). 636. Crop compensation will be made between the owner and sharecropper as per terms of the sharecropper
in case of privately-owned land / publicly-owned land. 637. In case of dispute over verbal agreement with sharecropper, certification from elected representatives will
be considered as legal document.638. Participation in the LRIP.
639.640.
641.3i
642. APs who are landowners or lessee who are directly engaged in farming.
643. Entitlements:644. A disturbance compensation equivalent to five times the average gross harvest for the last five years on
the principal and secondary crops of the area acquired (as adopted from RA. 6389).645. Participation in the LRIP.
646.647.
648. Implementation Considerations: 650.651.
46 Inclusive of payment of daily wage equivalent to the number of days the trainees need to be absent from work in order to attend training (during training) equivalent to theprevailing minimum wage in the area shall be provided to PAPs who are attending the training
47 Transportation allowance during training provided only if necessary48 Inclusive of payment of daily wage equivalent to the number of days the trainees need to be absent from work in order to attend training (during training) equivalent to the
prevailing minimum wage in the area shall be provided to PAPs who are attending the training49 Transportation allowance only if necessary50 Commuting allowance will be provided only upon transfer to off-city permanent relocation site. No commuting allowance will be provided at the temporary accommodation.
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649. Income losses as based on evidence such as tax receipts or otherwise as per estimated values of monthly income losses for various categories of micro-businesses to be determined during validation.
652. Entitled Person 653. Loss of Public Land and Structure 654.
655.4a
656. Government Agency/LGU owners of affected public structures on public land.
657. Entitlements:658. Compensation between agencies based on mutual agreement.659. Transportation to be provided inclusive of transportation of belongings.
660.
661.4b
662. Government Agency/LGU owners of affected public structures on private land.
663. Entitlements:664. Cash compensation for structures at full replacement cost.665. Transportation to be provided inclusive of transportation of belongings.666.
667.
668. Entitled Person 669. Loss of Non-Land Assets and Improvements 670.671.5a
672. Owners of fruit and timber trees(regardless of ownership status of affected land).
673. Entitlements:674. Cash compensation at replacement cost for affected fruit and timber trees.
675.
676.5b
677. Owners of crops (regardless of ownership status of affected land).
678. Entitlements:679. Compensation for the affected perennial and annual crops at market value of the crop at full-term harvest
time51.
680.
681.5c
682. Owners of aquaculture produce (regardless of ownership status of affected land).
683. Entitlements:684. Compensation for aquaculture stock computed at harvest time52.
685.
686.5d
687. Owners of other affected non-land assets and improvements (not mentioned in 5a, 5b or 5c).
688. Entitlements:689. Compensation at replacement cost for affected non-land assets and improvements (not mentioned in 5a,
5b, 5c).690. Alternatively, APs may opt for transportation of secondary structures (non-land assets) in whole or in part
in lieu of compensation where property can be viably transported.
691.
692. Implementation Considerations: Determination of replacement cost of trees will take in to account age and productivity of the tree. Compensation rates determined by the replacement cost study and informed by values prescribed by the Department of Agriculture (DA) (for fruit trees) or DENR
for timber trees. Coordination with land owners, agricultural farms and/or fishpond operators to advise them regarding the schedule of clearing.
693.
694. Entitled Person 695. Additional Hardship Due to Vulnerability 696.697.6a
698. APs who are classified as any of the following vulnerable groups: poor (based on the poverty income threshold), elderly and solo parent-headed households53, and persons
699. Entitlements:700. In addition to applicable compensation: Inconvenience allowance in the amount equivalent to PhP 10,000 per household. For the families with persons who need special assistance and/or medical care, respective LGUs to provide
nurses or social workers to help them before and during the resettlement activity.
701.
51 Compensation for crops is for one harvest only. Should the PAP or someone else plant on the project ROW after validation in the barangay, it is no longer eligible forcompensation.
52 APs will receive compensation for land and compensation for improvements. If the remaining area (remaining fish pond area) is no longer viable, PAPs will be compensated forentire area.
153
with disabilities. Rehabilitation assistance in the form of vocational training and other development activities with the value ofup to PhP 15,000 will be provided in coordination with other government agencies.
Support and/or maintain access to government welfare programs. Inclusion in the LRIP.
702. Entitled Person 703. Temporary Impacts due to Construction 704.705.7a
706. PAPs who have legal rights to the land.
707. Entitlements:
Restoration of land within three months of completion of use.
Compensation for affected non-land assets at full replacement cost commensurate with rates set out in theRAP.
Cash payment for rent of the affected land at prevailing rental rates in the location of the property until theproperty is restored.
708.
709.7b
710. PAPs without legal rights to affected land but owners of affected non-land assets.
712.
713.7c
714. Severance impacts and/or barrier effect during construction disrupting lateral movement (access) or access to property.
715. Entitlements:716. The project will provide for crossings and continued access.717. In the event that construction works block access to a business, then compensation for lost income for the
period of disrupted access will be provided.
718.
719. Implementation Considerations: 720. Contractors will be responsible for the arrangement and payment of land rent, restoration of land and compensation for non-land assets and lost income. 721. Temporary impacts due to construction will be monitored and reported as part of the Environment Management Plan.722.723.724.
725.
726. Entitled Person 727. Unanticipated Involuntary Resettlement Impacts 728.729.8a
730. Eligible affected persons. 731. Entitlements will be prepared in accordance with the JICA Guidelines (2010), ADB SPS (2009) and applicable national laws and regulations (including requirements for preparation of corrective action plan and other related documents for JICA and ADB to review and approve), and the Environmental Management Plan (EMP) of the approved Environmental Impact Statement (EIS).
732. In the event that the residual community will lose access due to the project, DOTr shall either maintain access or acquire the remaining land. Any additional land acquisition (including all affected structures, improvements and crops therein) as a result of landlock, provision of access, and/or required setback shall be compensated similarly as provided for in this entitlement matrix. Likewise, families and businesses that will be displaced as a result of landlocked or provision of access road or required setback shall be eligible to all applicable entitlements and resettlement and/or LRIP provided for in this RAP.
733.
734. Implementation Considerations: 735. Entitlements to be prepared in such circumstances are subject to approval of the DOTr and concurrence by JICA and ADB.
736.
737. Expropriation proceeding738. 1. An initial compensation at an amount computed at 100% of lot price based on latest Bureau of Internal Revenue (BIR) zonal value for land, replacement
cost for structures and improvements, and market value for crops and trees (less any unpaid real property tax and capital gains tax) in the form of a check will
744.
53 Solo-parent headed households are defined as a solo-parent (male or female) who is the head of a household, whom also has dependent children under theage of 18 years.
154
be deposited to the court in favor of the owner upon filing of expropriation case by DOTr. The Court will immediately issue an order to take possession of theproperty and start implementation of the project (Section 6(a) R.A. 10752).
739. 2. While the court adjudicates the compensation to be paid, the APs may, at any time request the court to release such deposit upon presentation of proofof ownership (Section 6(a) R.A. 10752).
740. 3. After the case has been heard by the court, the Court will order DOTr to pay the difference, if any, between initial compensation and the justcompensation as determined by the court.
741. 4. At this time, DOTr will also pay any required taxes and fees (such as notary fees) where applicable with the exception of CGT and any unpaid RPT.742. 5. If compensation is less than replacement cost, the DOTr will apply a mitigation measure to reach replacement cost.743. 6. Other applicable allowances 745. Implementation Considerations:746. Based on Rule 17, Section 1 of the 1997 Rules of Court on Civil Procedures, the plaintiff (DOTr) can withdraw the case by filing a notice of dismissal any
time before service of the answer by the defendant (owners). If the answer has been served, the case shall not be dismissed at the plaintiff’s instance exceptupon approval of the court and upon such terms and conditions as the court deems proper (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures).In both cases, the acquisition mode would revert back to negotiated sale, which will entitle the owner to payment at current market value for land (as indicatedin DOTr’s letter offer), free of taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops andtrees. If no notice or motion to dismiss as above-described is filed, expropriation proceeding will continue. Once the court decision becomes final and executoryacquisition, mode (expropriation) cannot revert back
747. to any other mode.748. Where the AP agreed to the negotiated sale, but was unable to gain the necessary documents to show proof of ownership, DOTr and the AP may manifest
before the court, upon filing of the expropriation case and making the necessary deposit, that the offer amount is not in dispute. DOTr shall then pursue thecase in good faith and pay just compensation to the rightful owner/s as decided by the court.
749. DOTr will provide assistance to APs whose lands will be subjected to Extra Judicial Settlement (EJS). This will be done through the Help Desk that will beestablished at each LGU prior to the issuance of the Notice of Taking (NoT). Early issuance of the NoT is highly recommended for APs to have enough time tocomplete/progress EJS process prior to issuance of the Letter Offer to Buy, which only gives them 30 days to accept offer, after which expropriationproceedings can commence. If APs are unable to complete the EJS before the expropriation proceedings are heard by a court, DOTr will pay the justcompensation as determined by the court, as well as any required taxes including CGT, except for any unpaid RPT.
750.
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751.VI. CHAPTER 6: RELOCATION AND RESETTLEMENT PLAN
752. This chapter describes the relocation and resettlement plan for non-landowners (NLOs)in Malolos, Calumpit, Apalit, Minalin, Sto. Tomas, San Fernando, and Angeles. The NLOs willbe provided with resettlement assistance due to permanent loss of residential structures. Alsoincluded is the relocation plan for severely affected community structures, institutional andgovernment facilities and establishments.
753. The Department of Transportation (DOTr) as the implementing agency (IA), incoordination with the local government units (LGUs) of Malolos, Calumpit, Apalit, Minalin, Sto.Tomas, San Fernando, and Angeles will ensure that no affected household (AH) will be forciblyevicted or a structure demolished without prior notice and consultation. Further, relocation andresettlement procedures and guidelines set by the Government of the Philippines (GoP) shall beobserved.
754. In order to ensure minimal displacement of AHs from their source of income/livelihood,the approach of the Malolos-Clark Railway Project (MCRP) is the provision of an in-cityrelocation. AHs were informed about the relocation sites and were consulted on their preferredrelocation option.
A. Non-Landowners
1. Beneficiaries of Relocation Assistance
755. A total of 2,744 NLOs consisting of 2,210 surveyed/interviewed households and 534households which refused to be interviewed and were not included in the survey will bephysically displaced from their present residence. They occupy a total of 1,339 residentialstructures which are used as primary residence (762), residential cum business (222), andsecondary houses (222). The affected households outnumber affected structures as there arestructures with multiple households such as renters, rent-free occupants, and sharers andcaretakers residing in the same structure. All of the affected households are eligible forrelocation. Table VI -79 presents the total number of AHs per LGU.
756. Table VI-79: Number of Affected Households757. LGU 758. No. of Households
761. Malolos 762. 56763. Calumpit 764. 356765. Apalit 766. 120767. Minalin 768. 5769. Sto. Tomas 770. 38771. San Fernando 772. 1,008773. Angeles 774. 627
775. Sub-total 776. 2,210777. Refused/not interviewed households 778. 534
779. Total 780. 2,744781. Source: DOTr
156
782. Out of the 2,210 interviewed NLOs, some 1,288 household heads are identified asvulnerable and will receive inconvenience allowances of PhP10,000 per household in addition toapplicable compensation due them. Table VI -80 presents the number of vulnerable householdheads per LGU.
783. Table VI-80: Vulnerable Households/Groups784. LGU 785. HH
BelowPoverty
Threshold
786. HHHeaded by
Solo Parentswith
Dependent
787. HHHeaded bythe Elderly
788. HHwith
Memberwho is a
PWD
789. Grand Total
790. 1. Malolos
791.8
792.4
793.5
794.3
795.20
796. 2. Calumpit
797.89
798.27
799.87
800.15
801.218
802. 3. Apalit 803.36
804.15
805.21
806.7
807.79
808. 4. Minalin 809.3
810.1
811.2
812.0
813.6
814. 5. Sto. Tomas
815.7
816.3
817.1
818.1
819.12
820. 6. San Fernando
821.322
822.133
823.120
824.21
825.596
826. 7. Angeles
827.142
828.104
829.91
830.20
831.357
832. Grand Total
833.607
834.287
835.327
836.67
837.1,288
838. Source: JDT
839. Aside from these vulnerable households, there are 1,020 persons who would needspecial assistance during the transfer to temporary accommodations and/or permanentrelocation sites. These include toddlers, pregnant women, persons with disability (PWDs), andthe elderly in AHs.
840. Table VI-81: Affected Persons Requiring Special Assistance841. Category 842. Total
844. No. 845. %
846. Households with babies and toddlers847. 58
2848. 5
7%
849. Households with pregnant women 850. 44851. 4
%
852. Households with the elderly853. 32
7854. 3
2%
157
841. Category 842. Total844. No. 845. %
855. Households with members who are PWDs 856. 67857. 7
%
858. Total859. 1,0
20860. 1
00861. Source: JDT
33. Consultations with Affected Households
862. Series of consultation activities were conducted through blended methods of smallmeetings, phone/mobile calls, and distribution of project information brochures (PIBs) with afeedback form which was designed to collect information from APs on their relocationpreference. 863. A total of 2,210 AHs and community officials were reached through the PIBs, telephonecalls and small meetings. However, there were about 505 APs that could not be contacted.Some 249 AP are still undecided. They will be contacted again as soon as movementrestrictions due the pandemic is lifted. The DOTr will locate them through contact tracing fromthe LGUs` roster of barangay residents and through a public announcement in a localnewspaper for a period of two months. For the purpose of ensuring that all APs will be providedwith assistance, budgetary allocation for their housing has been provided under the assistedrelocation option of this RAP.864. Through the consultation activities conducted in various LGUs, 276 APs expressed thepreference to be self-relocated. The APs/AHs who opted to self-relocate cited the followingreasons:
a. they want to immediately re-establish their micro-businesses in a location whereit is quick for them to recover financial permanency after displacement;b. proximity to their place of work, and schools for their children, andc. near their relatives and friends for social support.
865. The self-relocation process involves transfer of AHs to another place of their choice andthe current COVID 19 pandemic restricts movement of people to minimize local transmission ofthe virus. This process shall observe health and safety protocols outlined by governmentauthorities. Use of transportation for AHs’ transfer will observe physical distancing including useof PPEs for AHs and all assisting personnel during the conduct of relocation activities.
866. Table VI -82 presents the consultation results on resettlement preferences. Details onthe record of discussions conducted through small meetings and telephone consultations canbe found in the appendices of this RAP.
Table VI-82: Preferences of Affected Households for Relocation Options867. Option868. LGU
869. Self-Relocation
870. (a)
871. AssistedRelocation
872. (b)
873. Undecided
874. (c)
875. Couldnot becontacted (d)
876. Total No. ofAHs
877. (e=a+b+c+d)
878. ResponseRate(%)
879. (a+b+c)/e
880. Malolo 881. 10 882. 11 883. 2 884. 33 885. 56 886. 41
158
s %887. Calum
pit888. 10
0889. 11
0890. 84 891. 62 892. 356 893. 83
%894. Apalit 895. 10 896. 28 897. 3 898. 79 899. 120 900. 34
%901. Minalin 902. 2 903. 1 904. 0 905. 2 906. 5 907. 60
%908. Sto.
Tomas909. 3 910. 21 911. 1 912. 13 913. 38 914. 66
%915. San
Fernando916. 96 917. 63
8918. 105 919. 16
9920. 1,00
8921. 83
%922. Angele
s923. 55 924. 37
1925. 54 926. 14
7927. 627 928. 77
%929. Total 930. 27
6931. 1,1
80932. 249 933. 50
5934. 2,21
0935. 77
%936. Source: DOTr
937. 335. The DOTr has formulated the following action plan to reach out to the AHs whoare undecided on the relocation options, those who cannot be contacted and those who did notparticipate in the consultative meetings:
938. a. DOTr will send letters/notices including PIBs to inform them again about therelocation program particularly their entitlements and relocation options andschedule of the transfer. They will be directed to a help desk located within theirLGU for all their questions about the relocation options and project schedule. A callcenter type help desk is also set up at the DOTr office to receive inquiries andprovide further explanation on the relocation options available to the AHs.
939. b. DOTr will ensure that these notices/letters are duly received by these AHs bymaking follow up calls and subsequently, conduct direct interviews with the AHs onthe preferred relocation options. Face to face meetings if movement restrictions arelifted shall also be undertaken.
940. c. The DOTr, NHA and LGUs will continue to hold consultation meetings prior todisplacement to ensure that all AHs are informed and can participate in therelocation process.
336. In the consultations, the proposed relocation sites were also presented to the APs andthey have been shown some typical development designs and features of the proposedrelocation sites. It was explained that the house and lot that will be construction in therelocation sites will be on 40-square-meter lot with a 22-square-meter housing unit that willhave a loft. Based on the feedback of the AHs the housing designs and distance of therelocation site from the public facilities and social service are acceptable to them. Most ofthe questions of the APs during consultation was on the time and schedule of relocation andthe specific construction schedule.
337. The AHs were asked if they are familiar about with location of the relocation sites. Mostof the know where the location is and are familiar with it in general term, but not the detailsof the specific location where the housing units will be built. The relocation site is yet to bevisited by the AHs. When asked if they are willing to visit the relocation site after themovement restrictions are lifted, about 77% of the 2,215 of those that were reached throughvarious modalities of engagement said they are willing to visit the relocation sites. Table VI -83Table VI -83 presents the location of the relocation sites where the housing will be
159
constructed by the National Housing Authority (NHA). These sites are mostly developed withbasic facilities and socio-economic infrastructure.
941. Table VI-83: Location of Proposed Relocation Sites942. Provin
ce943. LGU 944. Location of Relocation Site
945. Bulacan
946. Malolos 947. Northville 8Brangay.Bangkal, Malolos, Bulacan
949. Calumpit
950. Plaridel VilleBrangay. Sipat, Plaridel, Bulacan
951. Pampanga
952. Apalit 953. Dr. Emigdio A.Bondoc Ville Resettlement ProjectBarangay. Sto.Nino, Sto.Tomas, Pampanga
955. Sto. Tomas
956. Dr. Emigdio A.Bondoc Ville Resettlement ProjectBarangay. Sto.Nino, Sto.Tomas, Pampanga
958. San Fernando
959. Northville 14 Expansion AreaBarangay. Calulut, San Fernando, Pampanga
961. Angeles 962. Angeles Heights Resettlement ProjectBarangay. Sapa-Libutad, Angeles, Pampanga
963. Source: NHA
338. The communities are currently inhabited with some 3,000 households that are recipientsof government projects. Community facilities are available such as K-12 schools and healthcenters and accessible to public services like market, place of worship and work. Availablevacant lots will be allocated to the MCRP project affected households. Housing units will beconstructed for all AHs that will opt for assisted relocation. Each unit is set at 40sqm. lot and 22sqm housing unit with a loft. Access to water and electricity is provided by the utility’scompanies covering the province.
339. During the second round of stakeholder consultation meetings (SCMs), APs asked aboutthe distance of public and social services facilities in from the relocation site. Access tothese facilities is presented in Table VI -84Table VI -84.
964. Table VI-84: Access to Public and Social Services from Relocation Sites 965. Travel Time by Public Transport to the Closest Facility (minute)
966. RelocationSite
967. Category of Facility969. Ho
spital
970. Worship
Place
971. School
972.ket
973. BusTerminal
974.ceStation
975. Factory
976. LGUOffice
977. Northville 8978. (for AHs in
Malolos)
979. 2 980. 5 981. 1982. 983. 24
984. 985. 2 986. 22
987. Plaridel Ville 988. (for AHs in
Calumpit)
989. 17990. 6 991. 7992. 993. 18
994. 995. 20996. 17
997. Dr. Emigdio A. Bondoc Ville Resettlement Project
998. (for AHs in Apalit and Sto. Tomas)
999. onfoot
(1m)
1000. 7 1001. 41002. 1003. 20
1004. 1005. 4 1006. 4
160
965. Travel Time by Public Transport to the Closest Facility (minute)966. Relocation
Site967. Category of Facility
969. Hospital
970. Worship
Place
971. School
972.ket
973. BusTerminal
974.ceStation
975. Factory
976. LGUOffice
1007. Northville 14 Expansion Area
1008. (for AHs in SanFernando)
1009. 30
1010. 10
1011. 15
1012.5-20
1013. 30
1014. 1015. 5 1016. 15-20
1017. Angeles Heights resettlement Project
1018. (for AHs in Angeles)
1019. 45
1020. 05
1021. 05
1022.0-30
1023. 20-30
1024. 1025. 20-25
1026. 15
1027. Source: DOTr
34. Resettlement Sites
1028. Five resettlement sites have been identified for the socialized housing needs of theproject APs: Northville 8, Plaridel Ville, Dr. Emigdio A. Bondoc Ville Resettlement Project,Northville 14 Expansion Area, and Angeles Heights resettlement Project. The relocation sites forthe AHs will not have involuntary resettlement impacts because the sites chosen are existingNHA project sites and lands allocated for construction of housing units are vacant, and free andclear of any encumbrances.
1029. Location of the resettlement sites and existing social service facilities are shown below:
161
a. Northville 8, Barangay Bangkal, LGU Malolos
1030. Figure VI-17: Site Development Plan of Northville 8 (Barangay Bangkal, Malolos City)
1031.
1032. Table VI-85: Access to Public and Social Services from Relocation Sites ofNorthville 8 (Barangay Bangkal, Malolos City)
1033.
1034.No.
1035. Public Facility
1036. Distance from
Northville16
1037. TravelTime byPublic
Transport
1038. Remarks
1039.
1040.1
1041. Hospital
1042. 450 m -8.6 Km
1043. 2 - 24Minutes
1044. Malolos Rural Health Unit VIMalolos Provincial Hospital
1045.
1046.2
1047. Worship Place
1048. 170 m -8.9 Km
1049. 1 - 28Minutes
1050. Hope in Christ, Malolos, Bulacan Iglesia ni Cristo located at Niugan MalolosMalolos Cathedral
1051.
1052.3
1053. EducationalFacilities
1054. 280 m -8.4 Km
1055. 1 - 22Minute
1056. Bangkal Elementary SchoolCong. Teodulo C. Natividad High SchoolBulacan State University
1057.
1058.4
1059. Market
1060. 8.8 Km1061. 29
Minute1062. Malolos Public Market 1063.
1064. 1065. Termi 1066. 8.4 Km 1067. 22 1068. Malolos Central Integrated Terminal 1069.
162
1034.No.
1035. Public Facility
1036. Distance from
Northville16
1037. TravelTime byPublic
Transport
1038. Remarks
1039.
5nal /ShuttleBus
Minute
1070.6
1071. Factory /Industry
1072. 450 m -8.4 Km
1073. 2 - 24Minute
1074. RANTRONICS General ElectronicService CenterSiomai atbp., Factory Outlet
1075.
1076.7
1077. CityHall
1078. 8.9 Km1079. 6
Minute1080. Malolos City Hall to North Ville 8
1081.
1087.1088.
81089. Police
Station1090. 11 Km
1091. 25Minute
1092. Malolos City Police Station 1093.
1094.9
1095. Distance Ahsresidence
1096. 9 - 11km
1097. 22 - 27Minutes
1098. To Northville 8 to barangay Bulihan &Barangay Longos 1099.
1100.1101. Figure VI-18: Public facilities at Northville 8 (Barangay Bangkal, Malolos City)
1102.
1103.
163
b. Brgy Sipat, Plaridel, Bulacan (relocation site for AHs in Calumpit)
1104.1105. Figure VI-19: Site Development Plan of Plaridel Ville (Brgy Sipat, Plaridel, Bulacan)
1106.1107.
1108.
1109.
164
1110. Table VI-86: Access to Public and Social Services from RelocationSites of Plaridel Ville located at Barangay Sipat, Plaridel, Bulacan
1111.No.
1112. PublicFacility
1113. Distance
1114. Travel Time byCar
1115. Remarks
1116.1
1117. EDUCATIONALFACILITIES
1118. 1.4km
1119. 7minutes
1120. Sipat Elementary School Dampol 1st National High School
1121.2
1122. HOSPITAL
1123. 1.5km - 8km
1124. 8 - 25minutes
1125. Plaridel Rural Health Unit IPlaridel Rural Health Unit IIPlaridel Infirmary (Bulacan MedicalCenter)
1126.3
1127. WORSHIP PLACE
1128. 1.7km
1129. 6minutes
1130. San Miguel Archangel ParishChurch
1131.4
1132. MARKET
1133. 6.6km
1134. 18minutes
1135. Plaridel Wet and Dry Public Market
1136.5
1137. TERMINAL
1138. 6.6km
1139. 18minutes
1140. Plaridel Terminal Mall
1141.6
1142. FACTORYINDUSTRY
1143. 7 -12 km
1144. 20 -27minutes
1145. AJAL Concrete Products, AquaFactory and etc.
1146.7
1147. PLARIDEL HALL
1148. 6 km1149. 17
minutes1150. Plaridel City Hall
1151.8
1152. POLICESTATION
1153. 6 km1154. 14
min1155. Plaridel Police Station
1156.
1157. Figure VI-20: Public facilities at Plaridel Ville located at Barangay Sipat, Plaridel,Bulacan
1158.
165
1159.
c. Sto. Tomas, Pampanga
1160. Figure VI-21: Site Development Plan of Dr. Emigdio A. Bondoc Ville ResettlementProject
166
1161.1162.
1163. Table VI-87: Access to Public and Social Services from RelocationSites of Dr. Emigdio A. Bondoc Ville Resettlement Project
1164.No.
1165. PublicFacility
1166. Distance
1167. TravelTime by Car
1168. Remarks
1169.1
1170. Hospital1171. 1
meter1172. walking
distance1173. Sapa Health Center
1174.2
1175. WorshipPlace
1176. 2.5km
1177. 7 minutes 1178. Santo Tomas Parish Church
1179.3
1180. EducationalFacilities
1181. 2.1KM
1182. 7 Minutes1183. San Matias National High
School
1186. 1.1km
1187. 4 minutes 1188. Sapa Elementary School
1189.4
1190. Market1191. 1.3
km1192. 5 minutes 1193. Puregold, Santo Tomas
1194.5
1195. Terminalsand Publictransportation
1196. 7.5km
1197. 20minutes
1198. Robinson Starmills BusTerminal
1199.6
1200. Factory /Industry
1201. 1.0km
1202. 4 minutes 1203. A.L Bonus Creation
1204.7
1205. LGU1206. 1.3
km1207. 4 minutes 1208. Santo Tomas Municipal Hall
1210. PoliceStation
1211. 1.4km
1212. 5 minutes 1213. Santo Tomas Police Station
1214.1215.
167
1216. Figure VI-22: Public facilities at Dr. Emigdio A. Bondoc Ville Resettlement Project 1217.
d. San Fernando, Pampanga
1218. Figure VI-23: Site Development Plan of Northville 14 Expansion Area (Barangay.Calulut, San Fernando, Pampanga)
1219.
1220.1221.
1222. Table VI-88: Access to Public and Social Services from RelocationSites of Northville 14 Expansion Area
1223.NO
1224. PublicFacility
1225. Destination
forNorthvill
e14
1226. TravelTime byPublic
Transport
1227. Description
1228.1
1229. Hospital
1230. 5.20km - 6km
1231. 30 mins1232. Our Lady of Mt.Carmel
Medical Center
1235. 8.70km-9 km
1236. 45-60mins
1237. Jose B.Lingad MemorialRegional Hospital
168
1223.NO
1224. PublicFacility
1225. Destination
forNorthvill
e14
1226. TravelTime byPublic
Transport
1227. Description
1238.2
1239. Worship Place
1240. 5km-7 km
1241. 10 mins 1242. Sto. Nino Chapel Calulut
1245. 1.2km-1.5km
1246. 15 mins 1247. Iglesia ni Cristo
1248.3
1249. Educational Facilities
1250. 1.18kl-1.3 km
1251. 15 mins 1252. Calulut Integrated School
1255. 1.20kl-1.5 km
1256. 15 mins 1257. Calulut Elementary School
1260. 5.30kl-6 km
1261. 45 mins1262. College of Our Lady of Mt.
Carmel1265. 3.60
km-4 km1266. 30 mins 1267. Our Lady of Fatima University
1268.4
1269. Mallsand Markets
1270. 1.50km-2 km
1271. 15-20mins
1272. Sindalan Talipapa /Drugstores& other Commercialestablishments and Fastfoods
1275. 10 kl 1276. 40-1hr 1277. SM City San Fernando1280. 9.35
km-9.5km
1281. 30-40mins
1282. SM Telebastagan
1283.5
1284. Terminals and Publictransportation
1285. 7.5km
1286. 30 mins1287. MC Arthur Highway / JASA
intersection
1288.6
1289. Factory /Industry
1290. 1.50kl
1291. 5 mins 1292. Golden Mix Concrete Plant
1295. 2.40km-3 km
1296. 15-25mins
1297. Universal Robina Corporation
1298.7
1299. LGU
1300. 10km
1301. 1 hr 1302. San Fernando Capitol
1305. 9.5 -10 km
1306. 1 hr 1307. San Fernando City Hall
1310. 2 km1311. 15- 20
mins1312. Calulut Brgy Hall
1313.1314. Figure VI-24: Public facilities at Northville 14 Expansion Area (Barangay. Calulut,
San Fernando, Pampanga)1315.
169
1316.
1317.1318.
e. Angeles City, Pampanga
1319.1320. Figure VI-25: Site Development Plan of Angeles Heights resettlement Project at
Barangay Sapa-Libutad Angeles City, Pampanga)1321.
170
1322.
1323.1324. Table VI-89: Access to Public and Social Services from Relocation
Sites of Angeles Heights resettlement Project
1325.NO.
1326. PublicFacility
1327. Distance(Km)
1328. TravelTime byPublic
Transportation
1329. Description
1330.
1336.
1337.1
1338. Hospital
1339. 6 km 1340. 45 mins 1341. AUF Medical Center 1342.1345. 7 km
- 7.5 km1346. 45 min -
1 hr1347. Angeles Medical Center 1348.
1351. 8.5km - 9km
1352. 1 hr1353. Rafael Lazatin Memorial
Medical Center 1354.
1355.2
1356. WorshipPlace
1357. 6 km 1358. 30 mins 1359. Holy Rosary Parish Church 1360.1363. 1.20
km1364. 10 mins
1365. Iglesia ni Cristo Lokal SapaLibutad 1366.
1369. 800m
1370. 5 - 10mins
1371. Christ the King Parish 1372.
1375. 5.7km - 6km
1376. 30 min -45 mins
1377. Angeles UniversityFoundation 1378.
1381. 7 km1382. 45 min -
1 hr1383. Holy Angel University 1384.
1387. 900m - 1 km
1388. 5 - 10mins
1389. Sapa Libutad ElementarySchool 1390.
1393. 1.80- 2 km
1394. 15 - 20mins
1395. EPZA Resettlement NationalHighschool 1396.
1397.4
1398. Malls andMarket
1399. 2.45km
1400. 19 - 30mins
1401. Marquee Mall 1402.
171
1325.NO.
1326. PublicFacility
1327. Distance(Km)
1328. TravelTime byPublic
Transporta
1329. Description1330.
1336.
1403.5
1404. Terminalsand Publictransportation
1405. 3 km1406. 20 - 30
mins1407. Commercial and Business
Areas 1408.
1409.6
1410. Factory /Industry
1411. 3 km1412. 20 - 30
mins1413. Marquee Mall Area (All
transportation means are here) 1414.
1417. 2 km1418. 20 - 25
mins1419. Pampanga Economic Zone
(EPZA) 1420.
1421.7
1422. LGU
1423. 6.5km -7 km
1424. 45 min -1 hr
1425. Clark Economic Zone 1426.
1429. 3.5km
1430. 20 - 30mins
1431. Angeles City Hall 1432.
1435. 1.7km - 2km
1436. 10 - 15mins
1437. Sapa Libutad Barangay Hall 1438.
1441. 3.5km
1442. 20 - 30mins
1443. Angeles City Hall 1444.
1447. 1.7km - 2km
1448. 10 - 15mins
1449. Sapa Libutad Barangay Hall 1450.
1451.
1452. Figure VI-26: Public facilities at Angeles Heights resettlement Project at BarangaySapa-Libutad Angeles City, Pampanga)
1453.
1454.1455.
172
35. Summary of Activities/Findings:
1456. Site visits and project inspections were conducted by the DOTr during the preparation ofthe RAP to identify and assess the resettlement sites. Four (4) sites selected are within thesame LGU namely: Malolos, San Fernando and Angeles and Sto. Tomas. The relocation site inSto. Tomas which is located near the boundary of Apalit will be shared with the AHs of ApalitLGU. It is approximately a 5-minute ride from Apalit LGU. The resettlement site in Plaridel,Bulacan which is located near Calumpit LGU will be the relocation site for the AHS in Calumpit.This relocation site is the next immediate town and approximately 10 minutes ride away fromthe current location of the AHs from Calumpit. Among the affected LGUs, only Minalin has norelocation site since only 5 households are affected by the project and they will beaccommodated in the relocation site nearest their LGU, which is in Sto. Tomas. These 5 AHshave been informed and are willing to be relocated at the said site.
1457. Community scoping particularly on the availability and accessibility of the relocation siteto public and social services facilities, health and safety, place of worship, schools and learningcenters and access to employment and livelihood was conducted. The sites are either nearthese facilities or they have existing social services facilities on site.
1458. Acceptability of the host communities/barangays were also solicited through meetingswith the concerned barangays. The barangays were receptive because the AHs to be resettledare also from the same LGU. Intensify community integration so that relocatees aremainstreamed in their host communities and social support from other homeowner association(HOA) members is provided and/or enhanced.
1459. Resettlement site features and estate management concerns including payment ofamortizations were explained to the AHs during consultative meetings (blended methods ofsmall meetings, phone calls). Project information brochures (PIBs) were also disseminated toAHs.
36. Resettlement Assistance Options and Relocation Package
1460. Resettlement assistance options include (i) self-relocation assistance and (ii) assistedresettlement. The different entitlements are indicated in Chapter 5.
a. Option 1: Self-Relocation Assistance
1461. The option to self-relocate will be offered to all categories of APs. In this option, APsmay choose to relocate to their hometown, to a relative with residence close to their currentsources of living, to continue renting somewhere near their current location, to return topreviously availed socialized housings or to relocate in a permanent dwelling of their choice.
1462. Information from the socio-economic survey (SES) indicated that about 322 APs haveincome of over PhP40,000 per month and may choose to the self-relocation option. Further, AllAPs who chose the self-relocation option (with income over PhP40,000) and wish to apply forother government housing programs will be referred for the assessment of the correspondingkey shelter agencies (KSAs). AH that opted for self- relocation will be provided with thefollowing assistance:
(i) In-kind transportation including their belongings;
173
(ii) Food allowance of PhP150 per person per day for three days or food parcelsof equal or greater amount’ as determined by the DOTr; and
(iii) Cash compensation to cover the cost of reconnecting utilities, water, andpower.
i. Option 2: Assisted Relocation
1463. The assisted resettlement option entails the provision of permanent housings throughthe Community-based Initiative Approach (CBIA) in the NHA`s relocation sites per LGU. Basedon the results of consultations conducted, a total of 1,181 AHs expressed that they preferred theassisted relocation option. This option provides assistance include a combination of thefollowing:
(i) Housing support;
(ii) Relocation expenses;
(iii) Commuting allowance;
(iv) Livelihood restoration program; and
(v) Rental subsidy while waiting for the permanent housing unit to be completed.
1464. The housing support for NLO structure owners, renters, sharers, and rent-free occupantswho have a low income may avail of either a resettlement housing or a public rental facility atthe NHA`s relocation sites. Th remaining APs who choose to be referred to other governmenthousings and opt for self-relocation will be assisted. The DOTr encourages NLO households toavail of the formal housing support as a means of stabilizing and improving their livingconditions and standards in the long term.
1465. The eligibility for the housing support will be based on entitlements of APs as prescribedin the entitlement matrix of Chapter 5.
1466. Table VI-90: Eligibility for Assisted Resettlement Programs by Category ofAffected Households
1467. Affected Household 1468. Eligible House Support1469. NLO/informal settler family (ISF) 1470. In-city relocation (within the same
LGUs) 1471. Owning, renting, sharing the structures, and
are low income 1472. Socialized housing program
provided by the NHA through the CBIA 1473. Elderly without kin living with them 1474. Public rental housing
accommodation1475. Returnees who were previous participants of a
socialized housing program and abandoned the house
1476. Public rental housing accommodation
1477. Returnees who were previous participants of asocialized housing program and sold the house
1478. Public rental housing accommodation
1479. Source: DOTr
1480. NHA`s Community Based Initiative Approach Housing Program (NHAMemorandum Circular (M.C.) 014, s. 2018). It seeks to provide improvements on thecommunity initiative approach per the NHA`s Board Resolution No. 6081 and 6155 dated May13, 2016 and March 1, 2017, respectively. The latest issuance includes enhanced participation
174
of a community association (CA) in identified aspects of the relocation and resettlementprogram and project implementation process as well as strengthening of controls in the siteevaluation, evaluation of landowners, developers, and contractors, review and approval ofproject proposals, and project implementation.
1481. On September 3, 2019, the DOTr executed a memorandum of agreement (MOA) withthe NHA for the development of socialized housings for affected NLOs who have a low incomeand live within the proposed project alignment of the MCRP described in previous chapters.Based on the signed MOA between the DOTr and the NHA, the NHA will provide the following:(i) development and construction of housing units in the selected resettlement sites through theCBIA, the approach that engages AHs in the planning and implementation of housingdevelopment in the relocation sites and (ii) inclusion of AHs into a CA duly registered with anappropriate government agency.
1482. Housing development through the CBIA program will include the provision house and lotpackage with basic services (i.e., water, electricity, sewerage facilities, solid waste disposalsystem, and access to primary roads and transportation facilities) and social services facilities(e.g., health, education, communication, security, recreation, relief and welfare). 1483. The development of socialized housing for qualified AHs will be undertaken by the NHAand its accredited developers. The NHA has initiated activities based on its CBIA to organize2,210 AHs to be relocated to various sites in Bulacan and Pampanga into communityassociations that will work with them, and the contractor to ensure quality and timely delivery oftheir housing units. Figure VI -27 showed the steps54 that the NHA has started until sitedevelopment, housing construction, and turnover of housing units.
54 Source: NHA M.C. 014, s. 2018.
175
1484. Figure VI-27: Steps on Relocation Site Development through the NHA’s CBIA
1485.1486. Source: NHA Memorandum Circular (M.C.) 2018-014
1487. Eligibility Requirements. The relocation package under this project will be provided forevery qualified AH as described below and those who must have been included in the SES fromMololos, Calumpit, Apalit, Minalin, Sto. Tomas, San Fernando, and Angeles from December2018 to July 2019. Those qualified are:
(i) Non-landowner AHs residing in the project right-of-way (PROW) who own andoccupy structures in affected public and private lands and have a low income55;and
(i) Those who reside in affected structures as renters, sharers or rent-free occupantsand sharers who have a low income.
1488. Relocation Package. The relocation package for each qualified NLO includes thefollowing:
(i) House and lot package (inclusive of cost for land acquisition, site development,and housing construction);
(ii) Social preparation (inclusive of community mobilization and organization,documentation, registration as per LGU community association); in thepermanent relocation site including community participation in estate
55 The bracket of the low household income for availing of a socialized housing is PhP40,000 and below per month.
176
management functions such distribution of notice of collection and communityfacilities maintenance;
(iii) Development features of the housing site adhering to the PB 220 standards ofdevelopment such as size house and lot sizes, community facilities, open spacesand amenities for PWDs;
(iv) Assistance from the DOTr and LGUs in establishing rental facilities as temporaryhousing while awaiting completion of housing units in the relocation area;
(v) Utility connection; and
(vi) Livelihood development and implementation.
1489. Cost for Relocation Site Package. The NHA’s house and lot package ranges fromPhP534,000 to 550,000. The house is 22 to 33 square meters (m2) in size with a loft and with lotcut sizes at 40 to 42 m2, inclusive of cost of common areas and open spaces. The copy of theMOA with the NHA is attached in the appendices of this RAP.
1490. Monthly Cost for Amortization. As in all other government socialized housing projects,the relocated AHs will also be required to pay monthly amortization costs. Based on discussionswith the DOTr and the NHA, it was agreed that the affordable rate will be set as graduated ratefor the first five years and thereafter at a maximum 30 years loan based on the income of AHs,minus compensation for affected assets as indicated in the Entitlement Matrix. A samplecomputation of the house payment amortization schedule has been disclosed duringconsultations. Table VI -91 explains the graduated amortization of the house and lot package.
1491. Table VI-91: Sample Computation on Monthly Amortization1492. Payment
Period1493. Developed Lot
1494. (PhP)1495. Housing Unit
1496. (PhP)1497. Total Monthly
Amortization 1498. (PhP)
1499. Year 1 to 5 1500. 300.00 1501. 300.00 1502. 600.001503. Year 6 to 10 1504. 400.00 1505. 600.00 1506. 1,000.001507. Year 11 to 15 1508. 500.00 1509. 900.00 1510. 1,400.001511. Year 16 to 20 1512. 600.00 1513. 1,200.00 1514. 1,800.001515. Year 21 to 25 1516. 700.00 1517. 1,500.00 1518. 2,200.001519. Year 26 to 30 1520. 715.25 1521. 1,866.75 1522. 2,582.00
1523. Source: NHA
1524. The sample computation table presented above is for the installment method for themonthly payments to be incurred for land and structure. The beneficiary can also opt to pay thehouse and lot on an outright cash purchase. The award will be perfected with a documentationto be signed by the head of family and their members. 1525. Relocation Process and Timeline. The NHA will implement the following steps andprocessing and corresponding timelines for the relocation of 2,210 AHs. It was clarified thatsince housing construction will be through CBIA process, AHs will be participating in the entireprocess as a group of organized housing beneficiaries. The schedule of activities is shown inTable VI -92Table VI -92.
1526. Table VI-92: NHA`s Relocation Process and Timeline
177
1527.o.
1528. Step 1529. Description 1530. ResponsibleAgency
1531. Timeline
1532. 1533. Publication
1534. The NHA will invite developers to submit proposals (design and build scheme) through public notice. Interested developers will have to submit two sets of documents such as:• Letter of intent/offer• Pre-feasibility study• NHA form • Topographic map (signed by GE)• Certificate of water & power supply (from
utility company)• Certificate of the RROW and drainage
right-of-way (ROW)• Zoning clearance• Zone validation of the Bureau of Internal
Revenue (BIR) • Certificate of non-tenancy• Environmental compliance certificate
(ECC) if applicable• Philippine Institute of Volcanology and
Seismology (PHIVOLCS)• Clearance of the Mines and
Geosciences Bureau (MGB) • Plans & estimates• PERT/CPM56
• Sworn statement/affidavit• Endorsement from a homeowner
association (HOA) or community association (CA)
• Endorsement from the RAP Implementation Management Committee(RIMC)
1535. NHA 1536. Completed
1537. 1538. Evaluation of eligibility and preliminary approval
1539. Evaluation of proposal will be undertaken by the Regional Community Initiative Approach Technical Working Group (RCTWG) within the NHA. Proposals and developers will be evaluated on the following:• Eligibility – if the company is eligible and
capable to undertake the project• Technical – if the proposal conforms with
M.C. 2015-015 and Batas Pambansa 220
• Financial estimates with PERT CPM57 – if it conforms with the approved budget for the contract and prescribed number of days.
1540. NHA 1541. Short list of developers selected and available 1542. Contractor completed
1543. 1544. Presentation of evaluated proposals to the
1545. Result of evaluation will be presented to the RIMC and CA by the head of the Community Support Services Department–Project Implementation Team within the NHA.
1547. NHA 1548. Completed
56 Project Evaluation and Review Technique (PERT) and Critical Path Method (CPM) are tools for project planningand management used to schedule, organize and coordinate tasks.
57
178
1527.o.
1528. Step 1529. Description 1530. ResponsibleAgency
1531. Timeline
Local Housing Board (LHB)/CA
The presentation will include information on:• Proposed project site;• Housing design; and• Cost of house and lot package
1546. Based on the result, the CA will select the winning proposal and issue a HOA`s certificate while the RIMC will endorse the selected proposal.
1549. 1550. Final evaluation by the NHA
1551. Once the CA has selected the developer/proposal, the head of the NHA`s operations will conduct a final evaluation
1552. NHA 1553. 2nd week of August
1554. 1555. General manager`s approval
1556. The result of final evaluation will be approved by the NHA`s general manager.
1557. NHA 1558. 3rd week of September
1559. 1560. Issuance of a notice of award (NOA)
1561. The NHA will issue the NOA within 30 days upon approval of final evaluation.
1562. NHA 1563. 4th week of September 2020
1564. 1565. Contractagreement
1566. A contract agreement between CA andlandowner/developer will be executed.
1567. NHA 1568. 4th week of 1569. September 2020
1570. 1571. MOA 1572. A tripartite agreement, the MOA among CA, the NHA, and landowner/developer will be signed.
1573. NHA 1574. 1st week of October 2020
1575. 1576. Issuance of a letter of guarantee (LOG)
1577. The NHA will issue the LOG to landowner/developer
1578. NHA 1579. 4th week of August 2020
1580.0
1581. Issuance of Notice to Proceed (NTP)
1582. The NHA will issue a NTP to landowners/developers.
1583. NHA 1584. 3rd week of October 2020
1585.1
1586. Start of Construction
1587. Once the NTP is, the developer will start construction.
1588. Developer
1589. 4th week of October
1590.2
1591. CA inspection
1592. During and after construction, a CA will conduct site inspection to monitor progress and to ensure that the site is liveableupon turn-over. 1593. The CA will issue a certificate of inspection and acceptance once the developer has satisfied the requirements specified in the contract.
1594. CA 1595. March 2021 for the first inspection and July 2021 prior turnover ofcompleted units.
1596.3
1597. NHA inspection
1598. The NHA will monitor and inspect the project to ensure that the developer has met the technical specifications required for safe and liveable community and housing units. Upon satisfaction of the technical requirements specified in the contract, the NHA will issue a certification from its Operating Unit that the completed house and lots were undertaken in accordance with
1599. NHA 1600. March and July 2021
179
1527.o.
1528. Step 1529. Description 1530. ResponsibleAgency
1531. Timeline
approved plans and specifications. 1601.
41602. Turnover of units
1603. Upon issuance of the CA`s certificationand the NHA`s certification, the units will be turned over to the NHA for relocation of AHs.
1604. Developer
1605. 1st week of August 2021
1606. Source: NHA
1607. Typical Housing Design. The CBIA program housing designs offered to AHs ispresented in Figure VI -28. The unit is a 22-square-meter house with loft and is constructed ona 40-square-meter lot. Housing amenities include toilet and bath, kitchen and provision for pipesand electrical wiring ready for individual tapping from main source of water and electricity utilitycompanies.
1608. Figure VI-28: NHA`s Typical House Design 1609.
1610. Source: NHA Region 3 Office
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1611. Public Rental Accommodations. A public rental facility for the MCRP refers to ahousing unit of 22 to 33 m2 in size with a loft, complete amenities such as kitchen, toilet andbath, and provision of pipes and electrical wiring ready for tapping for water and electric utilitycompanies.
1612. Features and description of the housing unit is similar to that of the relocation sites thatwill be develop for the all the AHs that will be displaced from the project right-of-way (PROW).The location of these rental houses is in the same location where in-city relocation will bedeveloped. The housing units and community facilities followed the same developmentstandards prescribe in Batas Pambansa 220 for socialized housing.
1613. The elderly without close kin living with them and returnees will be prioritized in thepublic rental housing accommodation The Resettlement Implementation ManagementCommittee (RIMC) led by LGUs will carry out the estate management functions of public rentalaccommodations. The amount of rent for the first 10 years is the same as the sample monthlyamortization schedule for all AHs. The DOTr with technical assistance from the NHA will reviewand revise the amount of month rental that is based on the Rental Control Act or any otherapplicable laws at the time of renting.
1614. All AHs under this category will be have perpetual lease agreement with LGUs as theirtenure instrument to secure their permanent residency. LGUs with technical assistance from theNHA will manage these units. LGUs share on the proceeds from the rentals collected will bereflowed to their local housing program. 1615. Of 2,210 AHs eligible for relocation assistance, there are 181 AHs identified across allLGUs that need public rental accommodations. This was based on the verification andvalidation conducted by the DOTr and the NHA’s data base verification mechanism. All 181 AHswill be eligible for relocation and will be provided rental subsidy on their chosen temporaryaccommodation while waiting for the completion of their housing units. Construction timeline isbetween 6 to 12 months, thus rental subsidy will be on the same timeline.
1616. Rental Subsidy. All AHs to be relocated will require a rental subsidy while the housingunits are being constructed. The prevailing monthly average rental rate in Malolos to Angeles isPhP4,500 per unit at the minimum and PhP12,000 per month rental rate at the maximum with ahousing unit of 22 to 33 square meters in size. The prevailing rental rate was based on theaffected LGUs` certification of the prevailing rate as of February 2020. AHs will be providedrental allowances until a socialized housing unit is turned over to them. AHs are scheduled tomove in housing units after construction of the units at the relocation sites are completed. It isestimated by the NHA to take eight months to complete the construction. In the consultationmeetings conducted, it was disclosed that a rental subsidy would be disbursed directly to AHs.In this case, they will be assisted by the DOTr in the completion of documentary requirements tofacilitate the payment process of a rental subsidy.
1617. Additional Required Measures. To ensure that relocation does not result to anyadverse impacts to the lives of APs, a holistic approach in restoring and improving theircondition will be observed during and after relocation:
(i) Program interventions must include encouraging the formation of new socialnetworks and reviving existing networks in a new community environment. Thisincludes the establishment of purpose driven community-based organizations tomeet specific community needs for livelihood, health, security, education, etc.
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(ii) National and local health programs directed towards younger members of thehouseholds (e.g., infants and children) such as screening for malnutrition, provisionof health supplements, child feeding, etc., will be tapped to extend assistance postrelocation.
(iii) Transitional assistance will include opportunities for general awareness programssuch as family health and food preparation and changes in domestic practices as aresult of improved home environments.
1618. This RAP provided moving assistance for persons with needs during relocation such aspregnant women and those with infant children to make it less stressful particularly to womenthat may have limited ability to move out during relocation. Like manner assistance will beprovided to elderly household members and those with physical and/or mental disabilities duringtransfer to temporary accommodations and in the relocation sites after their houses are readyfor occupancy. Such may need special targeted assistance through the following means:
(i) Priority in physical mobilization and transfer to relocation site;
(ii) Transportation assistance to temporary accommodation and then to permanenttransfers. relocation site; and
(iii) Manpower assistance to provide specific cases requiring support.
1619. Roles and Responsibilities of Involved Agencies. As discussed in Chapter 10, theMCRP Project Management Office (PMO) is responsible for the provision of budget for the sitedevelopment and housing construction of housing units for AHs of the MCRP. The MCRP PMOis also responsible for coordinating with the NHA and LGUs through the RIMC to ensure thatother resources are provided in the implementation of the relocation and resettlementrequirements of this project. Additionally, the MCRP PMO had an agreement with LGUs and theLand Bank of the Philippines (LBP) for the system of disbursing rental subsidy, transportationallowance, and cost of reconnecting utility. Implementation guidelines is set out in the MOA withLGUs and the LBP.
1620. The MCRP PMO is also responsible for the following:
(i) Provide LGUs with priority areas for clearing, together with the correspondingschedule vis-a-vis the project’s implementation schedule;
(ii) Provide support and assistance to the Local Inter-agency Committee (LIAC) andthe NHA in the conduct of social preparation activities including the expediting ofpre-relocation, actual relocation and post-relocation, if deemed necessary;
(iii) Assist the NHA in the conduct of community consultations with APs and insecuring necessary clearances from concerned government agencies; and
(iv) Lead the clearing of affected structures.
1621. Local Inter-agency Committee. The tasks and responsibilities of LIAC are outlined inChapter 10. The project-specific roles of each agency are indicated in the LIAC Executive Order(E.O.) that is ready for signature for each city. As July 2020, The Cities of Calumpit and SanFernando have signed the LIAC E.O. The remaining LGUs committed to sign the E.O. as soonas their operations is normalized after movement restrictions. 1622. Resettlement Implementation Management Committee. Roles and responsibilities ofthe RIMC is set out and discussed in detail in Chapter 10. The overarching approach of this
182
mechanism is to ensure that the RAP is faithfully complied with and is compensation and projectentitlement are disbursed timely.
NN. Relocation Plan for Severely Affected Community, Institutional, and Government Structures and Establishments
1623. The DOTr’s relocation plan for 24 affected community structures is coordinated with theNHA, concerned LGUs and government agencies. Basic community and government structuressuch as the barangay outposts, tricycle/jeep terminals, waiting sheds, daycare centers, schoolsand police outposts shall be coordinated with NHA for space/lot allocation. Thesestructures/facilities are part of the development features that has been articulated in the MOAbetween the NHA and DOTr.
1624. The LGUs` support of extending and accessing already available community facilities intheir respective LGUs has been agreed with the DOTr through the RIMC. All designatedrelocation sites for NLOs affected the MCRP are in the expansion phase of the NHA`s existingsocialized housing projects, and basic community facilities are already available. However, foradditional AHs that will be transferred to the sites, adjustment is expected according to theneeds of additional population in the specific locality. In this regard, the DOTr, NHA, and LGUsagreed to provide additional items of services through the development of basic socialinfrastructure that will adequately address the requirements of new relocatees. The NHA willuse its existing planning guideline in providing social services structures considering the numberof relocatees and the size of institutional and community facilities required.1625. The government-owned cultural heritage structures that will have marginal impacts, willbe protected, and preserved as prescribed in RA 10066, the National Cultural Heritage Act. Theplan is to incorporate the affected heritage structures into the landscape design of the newrailway.1626.
183
VII. CHAPTER 7: PUBLIC CONSULTATION
1627. This chapter highlights (i) principles for consultation and participation, (ii) projectstakeholders, (iii) consultation and participation mechanisms adopted at various stages of theproject cycle, (iv) activities undertaken to disclose project information, and (v) the results ofconsultations with affected persons (APs).
1628. Information disclosure and meaningful consultations at the early stage of the Malolos-Clark Railway Project (MCRP) provide an opportunity for APs to express their opinions,apprehension, and negative sentiments towards relocation due to the current COVID-19pandemic situation. In so doing, the Department of Transportation (DOTr) can promptly addressmatters raised. The DOTr pays particular attention to the need of disadvantaged or vulnerablegroups, especially those below the poverty line, the landless, the elderly, households headed bysolo parents, women and children, indigenous people, and those without a legal title on land.
1629. In compliance with the policies of the Japan International Cooperation Agency (JICA)and the Asian Development Bank (ADB) on stakeholder engagement that require APs to beinvolved in the resettlement process, APs ought to be fully informed, consulted, and encouragedto participate in the decision-making process with regard to the project affecting their lives.
A. Principles for Consultation and Participation
1630. The DOTr carries out meaningful consultations with APs throughout the project cycle.Meaningful consultations refer to the process with the following elements:
(i) To begin early in the project preparation stage and be carried out on anongoing basis throughout the project cycle;
(clxxiv) To entail timely disclosure of relevant and adequate information that isunderstandable and readily accessible to APs;
(clxxv) To be undertaken in an atmosphere free of intimidation or coercion;
(clxxvi) To be gender-inclusive and gender-responsive and tailored to the needsof disadvantaged and vulnerable groups; and
(clxxvii) To enable the incorporation of all relevant views of APs and otherstakeholders into the decision-making process concerning project design,mitigation measures, sharing of development benefits and opportunities, andimplementation issues.
1631. The DOTr ensures the participation of the APs and other concerned stakeholdersthroughout the preparation and updating of the resettlement action plan (RAP) in all areastraversed by the project in the following cites and municipalities, namely: (i) City of Malolos, (ii)Municipality of Calumpit, (iii) Municipality of Apalit, (iv) Municipality of Minalin, (v) Municipality ofSto. Tomas, (vi) City of San Fernando, and (viii) City of Angeles. Consistently, DOTr has keptinformed the APs and concerned stakeholders by disclosing the following:
(i) Project updates: project name; project design, objectives and features; areastraversed by the project; location of stations; project ROW alignment andtimeline/project implementation schedules
(clxxviii) Probable benefits and adverse impacts of the project and mitigatingmeasures to be taken;
184
(clxxix) Policies and guidelines on social safeguards of ADB and JICA andstandards for property valuation based on Republic Act (R.A.) No. 10752
(clxxx) Compensation and entitlement packages and the schedule of informationdisclosure meetings on valuation;
(clxxxi) RAP ground activities such as (i) parcellary and as-built survey, (ii)census and tagging, (iii) socio-economic survey (SES), (iv) replacement coststudy (RCS), (v) training needs assessment (TNA) in preparation of the LRIPincluding relocation plans, (vi) the cut-off dates for non-landowners or informalsettler families (ISFs); and, (vii) Notice of Taking and Letter Offer to Buy
(clxxxii) Process and timing of compensation payment and entitlement provision;
(clxxxiii) Resettlement options and relocation sites; and,
(clxxxiv) Establishment of the local help desk and grievance redress mechanism(GRM).
1632. All resettlement and livelihood activities will be implemented in cooperation with theseven local government unit (LGU) concerned. Specifically, relevant local government officialsboth at the city/municipal and barangay levels are informed about the project throughinformation, education, and communication (IEC) meetings. Partnership and cooperation hasbeen established between DOTr and concerned LGUS in validating the master list of APs.Furthermore, DOTr will work with the LGUs in the payment of compensation, provision ofentitlements, and implementation of the livelihood restoration and improvement program (LRIP).
OO. Project Stakeholders
1633. Primary project stakeholders are the following:
(i) Seven LGUs traversed by the project that have respective jurisdiction overAPs and the project right-of-way (PROW);
(clxxxv) Owners of land parcels located within or adjacent to the right-of-way(ROW) of the Philippine National Railways (PNR);
(clxxxvi) Non-landowners of structures located within or adjacent to the PNRROW; and
(clxxxvii) Business owners, wage earners, and farmers whose livelihood is affectedby the project.
1634. APs in this RAP refer to those who own affected structures in government and privatelands and reside or do not reside in affected structures and who operate businesses or work forbusinesses located in the PROW at the time of census and tagging activities. Additionally,renters, rent-free occupants, house sharers or caretakers of residential and business structuresand farms are considered APs in this RAP.
1635. Other interested parties such as people who or organizations which do not have a directstake at the project but may be affected by the project to some extent are covered in the RAP,These may include, but not limited to, civil society organizations (CSOs) and non-governmentorganizations (NGOs) operating in the project area.
1636. The project defines vulnerable groups as the underprivileged below the national povertyline, households headed by senior citizens, single-parent-headed households, and households
185
who member is a person with disability (PWD). Such vulnerable persons or households may beat risk of being marginalized from a regular consultation process. The project, therefore,ensures that the consultation and participation process is inclusive of all APs.
PP. Consultation and Participation Mechanisms
1637. The MCRP`s project cycle is divided into three stages: (i) planning and pre-projectimplementation stage, (ii) project implementation stage, and (iii) post-project implementation orproject operation stage. First, the planning and pre-project implementation stage refers to theRAP preparation, which is divided into two sub-phases, i.e., feasibility study (FS) phase anddetailed design (DD) study phase. Second, the project implementation stage involvesresettlement and land acquisition, the LRIP implementation, civil works, monitoring andevaluation, and information dissemination and disclosure. Last but not least, the post-projectimplementation entails information dissemination and disclosure and impact evaluation. Table VII -93 describes various consultation and participation mechanisms adopted in different projectphases.
1638. Table VII-93: Consultation and Participation Mechanisms1639. Stage
of ProjectCycle
1640. Mechanism
1641. Timing and Frequency 1642. Responsible
Agency1643. A. Planning and Pre-Project Implementation1644. Feasib
ility study1645. IEC 1646. Once per LGU, prior to all field
activities1647. DOTr
1649. First stakeholder consultation meeting (SCM)
1650. Once per LGU, prior to census and tagging activities
1651. DOTr
1653. Second SCM
1654. Once per LGU, after census and tagging activities
1655. DOTr
1657. Third SCM
1658. Once per LGU, after the approval on the entitlement matrix
1659. DOTr
1661. Focus group discussion (FGD)
1662. Once per LGU, after census and tagging activities
1663. DOTr
1664. Detailed design
1665. IEC 1666. Once per LGU, prior to all field activities
1667. DOTr
1669. First SCM
1670. Once per LGU, prior to parcellary survey
1671. DOTr/National Housing Authority (NHA)
1673. Second SCM
1674. Once per LGU, after updated census and tagging
1675. DOTr/NHA
1677. FGD 1678. Once per LGU, between first and second SCMs
1679. DOTr
1681. Production and distribution of printed
1682. Printed materials are prepared to inform APs of (i) where to address their grievances, (ii) schedule of public consultation, and (iii) inventory of land.
1689. DOTr
186
1639. Stageof Project
Cycle
1640. Mechanism
1641. Timing and Frequency 1642. Responsible
Agencyand other materials
1683.1684. Project information brochure (PIB)
(Tagalog and English versions)1685. Project poster1686. GRM brochure1687. Tarps of the local help desk (four
types) 1688. Standard DOTr presentation
material (audio-visual production)1691. Online
disclosure ofproject information
1692. As needed.1693. Information disclosed through
project Facebook page, Twitter, and website
1694. DOTr/NHA
1696. Media release and press briefing
1697. As needed. 1698. Press briefings are meant to
disclose key project information, key project highlights and act as a risk mitigation measure.
1699. DOTr
1700. B. Project Implementation1701. Resett
lement and land acquisition
1702. Community validation
1703. Once per barangay after the validation of the master list
1704. RAP Implementation Management Committee(RIMC)/barangay LGU (BLGU)/NHA
1706. Consultation under the Community-based Initiative Approach (CBIA) process
1707. Two rounds of consultations or tripping to present relocation sites
1708. DOTr/NHA
1710. Site visit 1711. Three times per LGU between people’s planning workshops
1712. Local Housing Board (LHB)/NHA
1714. Local help desk
1715. The local help desk will be operated once a week.
1716. DOTr
1718. Final orientation prior to relocation
1719. Once per LGU or Community Assembly (CA) prior to the ROW clearing and compensation payment
1720. NHA
1722. Issuance of the notice to
1723. One final orientation on the relocation process will be conducted.
1724. NHA
187
1639. Stageof Project
Cycle
1640. Mechanism
1641. Timing and Frequency 1642. Responsible
Agencyvacate and relocate
1725. LRIP 1726. Consultation on the LRIP
1727. Once per barangay LGU, prior to actual relocation
1728. DOTr/NHA
1730. Local help desk
1731. The local help desk will be operated once a week.
1732. DOTr
1733. Civil works
1734. Consultation on civilworks
1735. Once per city or municipality 1736. DOTr
1737. Monitoring and evaluation
1738. SCM 1739. Once per LGU, every year from thecommencement of civil works until loan closing
1740. DOTr
1741. Information dissemination and disclosure
1742. Production and distribution of printed and other materials
1743. As needed.1744. Printed materials to inform APs of
where to go or who to contact for their grievances and complaints
1745. DOTr
1747. Online disclosure ofproject information
1748. As needed.1749. Information disclosed through
project Facebook page, Twitter, and website
1750. DOTr
1752. Media release and press briefing
1753. As needed. 1754. Press briefings are meant to
disclose key project information and highlights and act as a risk mitigation measure.
1755. DOTr
1756. C. Post-Project Implementation1757. Inform
ation dissemination and disclosure
1758. Production and distribution of printed and other materials
1759. As needed.1760. Printed materials to inform APs of
where to go or who to contact for grievances, available livelihood and employment opportunities, skills required, and jobs fair
1761. DOTr
1763. Online disclosure ofproject information
1764. As needed.1765. Information disclosed through
project Facebook page, Twitter, and website
1766. DOTr/NHA
1768. Media release and press briefing
1769. As needed. 1770. Press briefings are meant to
disclose key project information and highlights and act as a risk mitigation measure.
1771. DOTr
1772. ImpactEvaluation
1773. SCM 1774. Once per receiving LGU, three years after relocation
1775. Department of Human Settlements and Developmen
188
1639. Stageof Project
Cycle
1640. Mechanism
1641. Timing and Frequency 1642. Responsible
Agencyt (DHSUD)
1777. FGD 1778. Once per relocation site, three years after actual relocation
1779. DHSUD/external monitoring agent (EMA)
1780. Source: JICA Design Team (JDT) and ADB
QQ. Consultation and Participation Mechanism Undertaken During Feasibility Study Phase
1781. The DOTr conducted IEC meetings and stakeholder consultation meetings (SCMs). IECmeetings and SCMs serve as a platform for consultations between key stakeholders and APs inthe seven LGUs traversed by the project for both phases of the FS RAP and DD RAP.
1782. Information, Education and Communication Meetings. Through IEC meetings withthe seven LGUs concerned, the DOTr disclosed (i) the project’s initial alignment andengineering design, (ii) affected barangays, (iii) initial schedule of activities for the conduct of theFS RAP, and (iv) expected economic and social benefits of the project to local communities andthe general public and requested the LGUs to provide their support, comments, andsuggestions pertaining to the project and FS RAP activities.
1783. Stakeholder Consultation Meetings. The first SCM served as a venue to gather inputsfrom APs for the RAP preparation and explain about RAP activities to the communitiesconcerned, thereby minimizing resistance during survey activities. The second SCM informedAPs that their rights are protected under the Philippine law and international social safeguardspolicies. It also served as a venue to figure out possible project impacts on APs as well asidentify policy gaps and unusual cases relevant to the project that may have impacts on them.The socio-economic survey (SES) results and inputs during the first and second SCMs wereconsidered in preparing the entitlement matrix. Additional round of SCMs were conductedspecifically for the proposed stations in the City of San Fernando and Municipality of Calumpit todeal with topics discussed in the first and second SCMs. During the third SCM, APs wereinformed about the entitlement matrix.
1784. Focus Group Discussion. Focus group discussion (FGD) was arranged for thevulnerable sector and the business sector to figure out concerns of the specific groups anddiscuss measures to restore and improve their livelihood after relocation. Table VII -94summarizes the records of participants and main agenda for each consultation and participationmechanism implemented during the FS phase.
1785. Table VII-94: Summary of Consultation and Participation During FeasibilityStudy Phase
1786. Mechanism
1787. Participant 1788. Main Agenda
1789. IEC1790. (Dec
2017-Jan2018)
All of the seven affected LGUs (cities and municipalities along the alignment) A total of 112 attendees (74 malesand 38 females)
Project outline Concerns raised from the LGUs
189
1786. Mechanism
1787. Participant 1788. Main Agenda
1791. First SCM
1792. (Jan 2018)
All of the seven affected LGUs (cities and municipalities along the alignment) including barangay captains and potential APs determinedthrough census survey A total of 533 attendees (283 males and 250 females)
Project outline Outline of RAP surveys Project timeline and cut-off dates Opinions of APs
1793. Second SCM
1794. (May2018)
All of the seven affected LGUs (cities and municipalities along the alignment) including barangay captains and potential APs determinedthrough census survey A total of 589 attendees (233 males and 356 females)
Legal framework for land acquisition and resettlement Opinions of APs
1795. Additional SCM
1796. (May-Sep 2018)
Calumpit and San Fernando LGUs(where the proposed railway stations will be constructed) including barangaycaptains and potential APs determinedthrough census survey A total of 194 attendees (79 malesand 115 females)
Project outline Outline of RAP surveys Legal framework for land acquisition and resettlement Opinions of APs
1797. ThirdSCM
1798. (Aug-Sep 2018)
1799.
All of the seven affected LGUs (cities and municipalities along the alignment) including barangay captains and potential APs determinedthrough census survey A total of 1,171 attendees (457 males and 714 females)
Results of the SES Relocation sites and entitlements Opinions of APs
1800. FGDwith the affected vulnerable sector
1801. (Apr 2018)
Potentially affected vulnerable people including the impoverished, theunderprivileged, and the homeless in Malolos, Calumpit, Sto. Tomas, San Fernando, and Angeles LGUs A total of 109 attendees (48 malesand 61 females)
Concerns of APs Measures for livelihood improvement Relocation preference of APs Suggestions of APs on resettlement assistance
1802. FGDwith the affected businesssector
1803. (Apr 2018)
Potentially affected business owners in Malolos, Calumpit, Minalin, Sto. Tomas, San Fernando, and Angeles LGUs A total of 14 attendees (9 males and 5 females)
Concerns of APs Measures for livelihood improvement Suggestions of APs on the project`s benefit sharing schemes
1804. Source: JDT
1805. To sum up, the DOTr engaged a total of 2,708 participants (1,174 males and 1,534females) from the seven LGUs concerned in IEC meetings, three rounds of SCMs, and FGDsconducted during the FS phase. The detailed results of consultation and participationmechanisms undertaken during the FS phase are found in Chapter 7 and appendices of the FSRAP.
190
RR. Consultation and Participation Mechanism Undertaken DuringDetailed Design Phase
1806. The DOTr employed similar information disclosure measures and consultationmechanisms such as IEC meetings and two rounds of SCMs during the DD phase. The trainingneeds assessment (TNA) was administered in selected areas of the project to obtaininformation required for the arrangement of the LRIP. Also, FGD was conducted with wage-based and vulnerable APs.
1. Information, Education and Communication Meetings
1807. To officially inform that the project has advanced into the DD phase, the DOTr conducted two IEC meetings per the seven affected LGUs prior to the conduct of SCMs and RAP survey activities. During IEC meetings with each LGU, the DOTr presented project updates and DD RAP activities to be undertaken and responded to questions raised from LGU officers. Representatives from the JICA Design Team (JDT) and ADB were also present and provided assistance to the DOTr in responding to any technical and social safeguards issues and concerns regarding project design and the RAP implementation. Suggestions and inputs from the participants including identified issues and concerns were documented to inform the detailed design. To sum up, the DOTr engaged a total of 373 attendants (213 males and 160 females) from the seven affected LGUs in IEC meetings conducted during the DD phase. Table VII -95Table VII -95 summarizes the records of IEC meetings conductedin each of the seven affected LGUs, and
1808.
191
1809.
1810. enumerates the main issues and concerns and responses during the IEC meetings.
1811. Table VII-95: Summary of IEC Meetings Conducted During Detailed DesignPhase
1812. LGU 1813. Date 1814. Participant 1815. Number ofParticipants
1819. Male
1820. Female
1821. Total
1822. Malolos
1823. 1 Oct 2018
1824. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1825. 12
1826. 6 1827. 18
1829. 25 Jul2019
1830. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1831. 14
1832. 12
1833. 26
1834. Calumpit
1835. 1 Oct 2018
1836. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1837. 17
1838. 15
1839. 32
1841. 17 Jun 2019
1842. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1843. 17
1844. 15
1845. 32
1846. Apalit
1847. 20 Sep 2018
1848. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1849. 19
1850. 9 1851. 28
1853. 10 Jul2019
1854. DOTr, JDT, ADB, PNR, and LGU
1855. 16
1856. 10
1857. 26
1858. Sto. Tomas
1859. 20 Sep 2018
1860. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1861. 10
1862. 8 1863. 18
1865. 11 Jul2019
1866. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1867. 12
1868. 13
1869. 25
1870. Minalin
1871. 20 Sep 2018
1872. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1873. 8 1874. 10
1875. 18
1877. 4 Jun2019
1878. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1879. 13
1880. 11
1881. 24
1882. San Fernando
1883. 5 Oct 2018
1884. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1885. 19
1886. 10
1887. 29
1889. 28 Jun 2019
1890. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1891. 16
1892. 19
1893. 35
1894. Angeles
1895. 21 Sep 2018
1896. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1897. 14
1898. 7 1899. 21
1901. 16 Jul2019
1902. DOTr, JDT, ADB, PNR, EcosysCorp, and LGU
1903. 26
1904. 15
1905. 41
1906. Total1907. 2
131908. 1
601909. 3
731910. Source: JDT
1911.
192
1912.
1913. Table VII-96: Issues and Concerns Raised During IEC Meetings of the DetailedDesign Phase
1914. Issue and Concern 1915. Response1916. Project Overview and Detail
Request for copies of the final project design
The project design is being finalized by the JDT and DOTr. The map of the final alignment will bepresented during SCMs.
Inquiry on the exact details of the project
The project’s main alignment requires 30-meter ROW, while stations require 60-meter ROW.
The boundary of the PROW will be determined under the DD stage, which has just commenced.
Inquiry on whether flood mitigation measures of the project are shouldered by the DOTr
The budget for flood mitigation measures is included in the project cost.
Inquiry on the project`s constructiontimeline
The project`s construction commences per portion, which will supposedly start from December 2019 or early 2020. The construction will commence from already cleared areas.
1917. Affected Persons and Properties Concerns over LGU and/or
barangay structures affected by theproject
All affected structures will be tagged based on the results of the parcellary survey which will determine the exact boundaries of the PROW. All affected structures will be compensated based on replacement costs.
Inquiry on the remaining parcel of lands for those only partially affected
Compensation will be made for the remaining lot parcel in case the DOTr decides to acquire the whole land.
If partially-affected properties become inviable after the ROW acquisition, the government will acquire the whole property instead.
Concerns over who will assist APs for property and title issues
The DOTr will assist APs through the local help desk. Through the local help desk, the DOTr may refer APs to specific LGU offices dependingon their concerns.
Concerns about possible delays caused by the lengthy process of title transfer
Although delays in the processing of documents may not hinder project implementation, it may result to the late processing of compensation payment.
Assistance from local governments is essential to speed up the process related to the project.
The DOTr will find ways to fast-track the processing of documents.
Concerns over the loss of access toand from properties surrounding project areas
The entitlement matrix states that the project will provide continued access.
Inquiry on the hiring of residents from affected barangays for the project`s construction works
The hiring of APs is considered as part of the project`s LRIP.
1918. Local Help Desk and RIMC The DOTr requesting LGUs to
provide assistance in establishing All LGUs made commitments in fulfilling the
needs of the DOTr in order to establish the local
193
1914. Issue and Concern 1915. Responseand operating the local help desk by supplying the following: (i) two staff, (ii) tables and office space, (iii) desks, (iv) chairs, (v) telephones/mobile gadgets, (vi) computers, (vii) internet access, and (viii) drop box.
help desk.
Inquiry on why the PNR is not a member of the RIMC followed by requests to add the PNR in the RIMC matrix
The PNR will be added to the RIMC as a member.
Inquiry on how APs will know aboutthe severity of their affected properties
The master list and parcellary and as-built deliverables will be available at the local help desk.
Inquiry on the rationale behind the establishment of the local help deskat each affected LGU
The main purpose of establishing the local help desk per affected LGU is to assist APs in addressing their concerns, questions and complaints without them having to travel to the DOTr offices in Clark and Manila. The local help desk and the RIMC will be established within July 2019.
1919. LGU Services for APs Inquiry on renewing business
permits for business owners The cut-off date for paying damages to business
owners is upon the issuance of the notice of taking (NoT). Once the NoT is issued, the DOTr will give the list of affected businesses to the Business Permit and Licensing Office, so that business owners will no longer renew business permits for business establishments located along and within project areas.
1920. Source: JDT
37. First Round of Stakeholder Consultation Meetings
1921. During the first round of SCMs for non-landowners held in each of the seven affectedLGUs, the following information were disclosed.
(i) Updates on the project: (i) the new project name, the North-South CommuterRailway Extension (NSCR-Ex) Project, (ii) final areas that the project willtraverse, (iii) final locations of stations, (iv) final width of the project ROW, and (v)latest project timeline.
(clxxxviii) DD RAP activities to be conducted on ground and in the properties ofAPs: (i) parcellary and as-built survey, (ii) census and tagging, (iii) SES, (iv)replacement cost study, (v) TNA in preparation of the LRIP including relocationplans, and (vi) the cut-off dates for non-landowners or informal settler families(ISFs).
(clxxxix) Application of social safeguards policies and guidelines of ADB and JICA
(cxc) Standards for property valuation based on Republic Act (R.A.) No. 10752
(cxci) Establishment of the local help desk in each of the seven LGUs concerned
194
1922. At the end of the meetings, invited APs had an opportunity during an open forum toexpress their concerns, issues, inquiries, suggestions, and opinions, to which the DOTr withRAP consultants responded. To sum up, the DOTr engaged a total of 1,842 APs (853 malesand 989 females) from the seven affected LGUs in the first SCMs conducted during the DDphase. Table VII -97 summarizes the records of the first SCMs conducted in each of the sevenaffected LGUs, and Table VII -98Table VII -98 enumerates main issues and concerns raisedand responses made during the first SCMs.
1923. Table VII-97: Summary of First Stakeholder Consultation Meetings ConductedDuring Detailed Design Phase
1924. LGU
1925. Dateand Time
1926. Participant 1927. No. ofParticipants
1931.ale
1932. Fema
le
1933.otal
1934. Malolos
1935. 13 Nov 2018
1936. 8:00 a.m.
1937. ISFs, renters, business owners, andlandowners of Barangays Bulihan and Longos
1938.0
1939. 23
1940.3
1942. 27 Dec 2018
1943. 2:00 p.m.
1944. ISFs, renters, business owners, andlandowners of Barangays Bulihan and Longos
1945.9
1946. 50
1947.9
1948. Calumpit
1949. 20 Nov 2018
1950. 8:00 a.m.
1951. ISFs, renters, and business owners of Barangays Balungao, Calizon, Corazon, Gatbuca Putol, Iba O Este, Palimbang, Pio Cruzcosa, Poblacion, San Marcos, and Santo Niño
1952.6
1953. 117
1954.93
1956. 20 Nov 2018
1957. 2:00 p.m.
1958. Landowners of Barangays Balungao, Calizon, Corazon, Gatbuca Putol, Iba O Este, Palimbang, Pio Cruzcosa, Poblacion, San Marcos, and Santo Niño
1959.7
1960. 77
1961.44
1962. Minalin
1963. 30 Oct 2018
1964. 8:00 a.m.
1965. ISFs, renters, business owners, landowners of Barangays Lourdes, San Isidro, and Santa Maria
1966.5
1967. 12
1968.7
1969. Sto. Tomas
1970. 6 Nov 2018
1971. 8:00 a.m.
1972. ISFs, renters, business owners, landowners of Barangays Moras Dela Paz, San Matias, and Sapa (Sto. Niño)
1973. 1974. 7 1975.6
1977. 6 Nov 2018
1978. 2:00 p.m.
1979. Landowners of Barangays Moras dela Paz, San Matias and Sapa (Sto. Nino)
1980.7
1981. 15
1982.2
1983. Apalit
1984. 14 Nov 2018
1985. 8:00 a.m.
1986. ISFs, renters, business owners, andlandowners of Barangays San Vicente and Sulipan
1987.0
1988. 13
1989.3
1991. 24 Nov 2018
1992. 8:00
1993. ISFs, renters, business owners, andlandowners of Barangay Sulipan
1994.0
1995. 78
1996.48
195
1924. LGU
1925. Dateand Time
1926. Participant 1927. No. ofParticipants
1931.ale
1932. Fema
le
1933.otal
a.m.1997. Sa
n Fernando
1998. 8 Nov 2018
1999. 8:00 a.m.
2000. ISFs, renters, and business owners of Barangays Baliti, Calulut, Maimpis, Panipuan, Pulung Bulu, Quebiawan, and Sta. Lucia
2001.9
2002. 32
2003.1
2005. 8 Nov 2018
2006. 2:00 p.m.
2007. Landowners of Barangays Baliti, Calulut, Maimpis, Malpitic, Pulung Bulu,and Sindalan
2008.4
2009. 43
2010.7
2012. 9 Nov 2018
2013. 8:00 a.m.
2014. ISFs, renters, and business owners of Barangays Quebiawan, San Agustin, Dolores, Lourdes, Santo Nino, Santa Lucia, San Pedro Cutud, and San Nicolas
2015.2
2016. 126
2017.88
2019. 9 Nov 2018
2020. 2:00 p.m.
2021. Landowners of Barangays Quiebiawan, San Agustin, Dolores, Lourdes, Santo Nino, Santa Lucia, San Pedro, and San Nicolas
2022.1
2023. 93
2024.84
2026. 20 Nov 2018
2027. 8:00 a.m.
2028. APs of Barangays Sindalan, Baliti, Calulut, San Agustin, Dolores, and Quebiawan
2029.4
2030. 62
2031.26
2033. 24 Nov 2018
2034. 2:00 p.m.
2035. ISFs, renters, business owners, andlandowners of Barangays Pulung Bulu and Maimpis
2036.7
2037. 73
2038.30
2040. 26 Nov 2018
2041. 8:00 a.m.
2042. ISFs, renters, business owners, andlandowners of Barangays Sto. Nino
2043.7
2044. 34
2045.1
2047. 28 Dec 2018
2048. 8:00 a.m.
2049. ISFs, renters, business owners, andlandowners of Barangays Dolores, San Agustin, and Santo Nino
2050.2
2051. 15
2052.7
2053. Angeles
2054. 15 Nov 2018
2055. 2:00 p.m.
2056. Landowners of Barangays Lourdes Sur, Lourdes Sur East, Pulung Bulu, and Santo Cristo
2057.6
2058. 58
2059.14
2061. 16 Nov 2018
2062. 2:00 p.m.
2063. Landowners of Barangays Agapito del Rosario, Balibago, Claro M. Recto, Malabanias, and Santa Teresita
2064.8
2065. 61
2066.29
2067. Total 2068.853
2069. 989
2070.842
2071. Source: JDT
196
2072. Table VII-98: Issues and Concerns Raised During First SCMs of the DetailedDesign Phase
2073. Issue and Concern 2074. Response2075. Dimension of the PROW
Inquiry on the exact measurement of the PROW and final list of affected structures
The project requires a 30-meter ROW for its alignment and a 60-meter ROW for stations.
There may be areas where the PROW exceeds 30 meters to ensure the safety of the railway.
The conduct of the parcellary survey will determine properties that will surely be affected by the project.
Demand for a fair split of the measurement in the project’s alignment with the hope that the alignment will not be wholly placed on one side of the current PNR property
All possibilities have been considered in designing the final alignment, looking especially at the design with the least number of APs. However, the design must also comply with technical requirements to ensure the safety of the railway
2076. Finality of the Project Inquiry on the possibility that the project
would not be pushed through due to political issues and the efforts of APs to submit documents would be in vain
The project is targeted to be completed in 2022 before the end of the current’s administration’s term.
2077. Project Information Dissemination Requests for online dissemination of
project-related information APs should give contact details such as
cellular numbers and e-mail addresses during the survey activities for project updates.
Request for the creation of a website containing details on the project
The FS RAP will be uploaded soon on the DOTr’s website.
2078. Partially or Severely Affected Properties Inquiry on the possibility to occupy the
remaining portion of PNR properties that will not be used in the project
It will be risky for APs to continue occupying PNR ROW because the government can take over the property anytime for a public use.
Inquiry on the inclusion of renovation costs in compensation for partially affected structures
If partially affected structures become unsafe or economically unviable after acquisition, the whole structure will be acquired and compensated instead.
Inquiry about new occupants in the PNR ROW who will be entitled to similarcompensation as those who have been in the PNR ROW for a longer time
Those who came after the cut-off date are not entitled to compensation and resettlement, but those who are in the PROW prior to the cut-off date will be eligible regardless of the length of residence in the area.
2079. Income Loss Inquiry on the computation of income
loss of APs whose income was exempted from taxation
The Department of Agriculture (DA) and the Bureau of Fisheries and Aquatic Resources (BFAR) will be consulted regarding the computation of income loss of APs whose income was exempted from taxation.
197
2073. Issue and Concern 2074. Response2080. Additional Construction and Replacement of Affected Structures
Concerns regarding loss of access or no alternative access available
The DOTr will take note of all the areas that may lose access because of the project.
Private roads will be compensated. Under international guidelines, the project
will provide alternative access routes to and from areas to be land-locked because of the project.
2081. Timeline of the PROW Acquisition Concerns about the time allotted for
APs to transfer or vacate their properties after they receive the NoT and the offer to buy (OTB)
APs will sign an agreement to demolish and remove improvements (ADRI) which will state the dates when clearing will be conducted.
2082. Land Tenurial Status and Ownership Inquiry on affected properties that were
loaned from the Government Service Insurance System (GSIS)
Inquiry on who will be coordinating with the GSIS regarding the property mortgaged by the corporation
The GSIS will be notified of the project andits affected members.
APs are advised to talk to the GSIS and ask about the possibility of paying the remaining balance. APs can use compensation to be given by the DOTr to pay for their remaining balance.
Inquiry on outstanding loans from the Social Security System (SSS) for their affected property
APs will be compensated if affected land titles are under their names.
Inquiry on rights to occupy affected structures which were sold to APs by original owners and are now being leased
Compensation will be given to structure owners, while renter, if qualified, may avail of relocation assistance.
Concerns about properties which were loaned through Pag-IBIG
Inquiry on the possibility of crediting the amortization payments to other housing loans
Inquiry on whether APs are still requiredto continue paying housing loans if properties are affected by the project
A meeting with Pag-IBIG Fund will be organized as there are similar cases. APs was advised to continue paying the loan.
2083. Valuation of Properties Concerns about properties losing value if APs refuse to consent to RAP survey activities
A property owner has the right to decide whether to allow or refuse the conduct of RAPactivities on his/her property. RAP activities are not compulsory but replacement costs will be more accurate if theindependent property appraiser (IPA) will be allowed to access to structures.
2084. RAP Survey Activities Concerns about unavailability for
tagging and interview on weekdays APs may schedule tagging and interview
on weekends. APs will be informed about the schedule of
RAP survey activities.2085. Compensation, Entitlements, and Assistance
Inquiry on the source of funds for The DOTr has a budget for the ROW
198
2073. Issue and Concern 2074. Responsecompensation payment acquisition.
Inquiry on compensation for affected trees, crops, and landscaping
Trees, crops and improvements to land willbe compensated.
Inquiry on co-ownership of structures Affected structures will be compensated individually to respective owners. Renters will not be compensated for structures.
2086. GRM or the Local Help Desk Inquiry on the office where APs can
raise project-related concerns The DOTr is closely coordinating with
LGUs for the establishment of the local help desk.
Inquiry on a means of notifying APs of the availability of the local help desk
The information on the central hotline, phone number and e-mail address, will be provided to APs with project-related concerns.
APs can be notified via text when the local help desk is already available.
2087. International Guidelines and Safeguards Concerns about how to ensure the no-
clearing policy until APs have a definite place to relocated to be possible if the project must follow a tight timeline
The comment was noted.
Inquiry on the access to salvageable materials from affected properties
Under JICA and ADB guidelines, APs can salvage materials from their properties andthe value of salvaged materials will not be subtracted from compensation payment.
2088. Source: JDT
38. Second Round of Stakeholder Consultation Meetings
2089. The conduct of second round of SCMs for non-landowners was originally scheduledfrom March 11 to March 26, 2020 in the seven affected LGUs. DOTr was only able to conductthe second round of SCMs in Apalit and Sto. Tomas LGUs on 11 March 2020. This was prior tothe enforcement of movement restrictions on field activities in affected areas placed under theEnhanced Community Quarantine (ECQ) and Luzon-wide lockdown as a measure to containthe spread of COVID-19 pandemic.
2090. Under the ECQ and the subsequent General Community Quarantine (GCQ), alternativeor supplementary consultation mechanisms were devised and adopted by the DOTr and theGeneral Capital Railway (GCR) Consortium as a general consultant (GC) to ensure that APsare fully informed and consulted on resettlement and relocation policies and guidelines and aregiven relocation options. In compliance with each LGU`s COVID-19 health and safety protocolsand the DOTr`s and GCR`s precautionary measures, blended modalities such as (i) small-scalemeetings, (ii) distribution and collection of project information brochures (PIBs), (iii) phoneconsultations and interviews, or (iv) the combination of the said mechanisms were selectivelyadopted as an alternative to large-scale physical meetings.
2091. During conduct of face-to-face meetings under the GCQ, the number of participants hasbeen limited to 10 persons. In barangay-level small meetings organized in Calumpit, thesessions were divided into several batches to comply with the COVID-19 Inter-Agency TaskForce (IATF) guidelines on the allowed number of participants per meeting. As precautionarymeasures and response against possible COVID-19 infections, the following were applied and
199
practiced by the organizers: thermal scanning; use of isopropyl alcohol for hands sanitizing;physical distancing and seat distancing arrangement; wearing of face masks and/or faceshields; no handshaking; and, collecting the full address and contact details of participants werestrictly observed.
2092. In LGUs where even small-scale meetings were not acceptable, PIBs were distributed toAPs by community facilitators. LGU officials of the cities of San Fernando and Angeles did notallow the DOTr to conduct physical meetings as a measure to preventing the outbreak ofCOVID-19 cases in the area and ensuring community health and safety. For the key informantinterviews (KIIs) with community leaders including homeowner`s association, barangay officials,the community facilitators instead distributed and collected the PIB which served to inform thePAPs and utilized as a survey questionnaire to gather information from PAPs in these twoLGUs.
2093. As a supplementary or alternative consultation tool, the PIB has two sections. The firstsection contains the following information:
(i) Project description
(cxcii)Compensation criteria for affected structures, improvements, and trees
(cxciii) Compensation procedure
(cxciv) Relocation options provided for each category of affected persons
(cxcv)Stages of LRIP assistance provided
(cxcvi) Description of the GRM Team and contact information of the centralhotline including phone, email, and SNS
2094. The second section of the PIB served to collect the latest contact information andfeedback from AHs. Community facilitators appointed by Calumpit, San Fernando, and AngelesLGUs and trained by the GCR conducted the interviews with AHs and filled up this section withthe following information: full name of a household head, phone number, email address andFacebook name, municipality, and barangay. Also, this includes two important questions forAHs: the willingness for relocation site visits; and, the preference for relocation options. Theanswers to the two questions in the second section are summarized in Chapter 6. In addition,the sample PIB and the issues and concerns raised from the collected PIB are detailed in theappendices of this RAP.
2095. As a result, 1,890 APs were engaged in the consultation process through one or moremechanisms. Some APs refused to attend meetings, were absent at the time of phoneinterviews and PIB distribution or have moved out temporarily due to the COVID-19 pandemic.The number of APs in the seven LGUs who were engaged and consulted through differenttypes of consultation mechanisms is summarized in Table VII -99, and the results ofimplemented consultations by LGU are detailed below.
2096. Table VII-99: Consultation Mechanisms Adopted for APs2097. Mecha
nism2098.2099. LGU
2100. SCM Only
2101. (a)
2102. PIBOnly
2103. (b)
2104. PhoneOnly
2105. (c)
2106. Combined Means
2107. (d)
2108. Total2109. (a+b
+c+d)
2110. Malolos 2111. 14 2112. 0 2113. 0 2114. 23 2115. 37
2116. Calump 2117. 39 2118. 74 2119. 0 2120. 220 2121. 333
200
2097. Mechanism
2098.2099. LGU
2100. SCM Only
2101. (a)
2102. PIBOnly
2103. (b)
2104. PhoneOnly
2105. (c)
2106. Combined Means
2107. (d)
2108. Total2109. (a+b
+c+d)
it2122. Apalit 2123. 79 2124. 0 2125. 0 2126. 41 2127. 120
2128. Minalin 2129. 0 2130. 2 2131. 3 2132. 0 2133. 5
2134. Sto.Tomas
2135. 52 2136. 0 2137. 0 2138. 25 2139. 77
2140. SanFernando
2141. 0 2142. 838 2143. 0 2144. 0 2145. 838
2146. Angeles
2147. 0 2148. 480 2149. 0 2150. 0 2151. 480
2152. Total 2153. 184 2154. 1,394
2155. 3 2156. 309 2157. 1,890
2158. % 2159. 9.7 2160. 73.8 2161. 0.2 2162. 16.3 2163. 100.02164. Source: DOTr
2165. Malolos LGU. The DOTr held a physical meeting on June 4 with 37 APs (15 males and22 females) in Malolos LGU in compliance with the government`s and the LGU`s protocols andguidelines. After the meeting, 23 AHs were surveyed for their preferences for relocation options,and 15 employees and 13 business owners responded to a LRIP survey designed to ask theirneeds for skills training and other LRIP assistance. Also, follow-up phone interviews wereconducted for clarification and feedback.
2166. Calumpit LGU. A combined approach of small-scale meetings and PIB distribution andcollection was implemented for non-landowner APs. From 15 to 17 June 2020, the DOTr andGCR held coordination meetings with barangay captains, provided training to communityfacilitators who were tasked to distribute and retrieve PIBs, and mobilized 11 trained communityfacilitators, one data encoder, and one LGU facilitator to distribute and retrieve PIBs. Inresponse to the LGU`s preference, barangay-level second SCMs were, in turn, conducted from22 to 26 June 2020 at multiple venues with a total of 259 AP attendees (104 males and 155females). Through the combined means, a total of 294 AHs in Calumpit provided feedback viaPIB on their preferences on relocation options and willingness for relocation site visits.
2167. Apalit and Sto. Tomas LGUs. The 2nd SCMs was held on 11 March 2020 in Apalit andSto. Tomas with a total of 120 APs (59 males and 61 females) who attended the meeting inApalit; and a total of 77 APs (32 males and 45 females) in Sto. Tomas. To gather the relocationpreferences, supplementary phone interviews were conducted from 23 to 26 June 2020 with 41AHs in Apalit and 25 AHs in Sto. Tomas.
2168. Minalin LGU. Considering that there are only five non-landowner AHs in Minalin LGU,phone interviews were carried out on 11 and 17 June 2020 with three available AHs to get theirpreferences for relocation options and willingness for relocation site visits. Subsequently, theDOTr and GCR conducted face-to-face interviews with the remaining two AHs residing in aremote area along Minalin River on 8 July 2020 at their residence. Conduct of interviewscomplied with the government`s health and safety guidelines.
2169. San Fernando and Angeles LGUs. For the two LGUs with numerous AHs, theapproach of PIB distribution and collection was adopted in full scale for the sake of public healthand safety. In San Fernando LGU, the DOTr and GCR coordinated with barangay captain from
201
11 to 18 June 2020, trained community facilitators from 15 to 18 June 2020, and mobilized 28community facilitators, two data encoders, and two LGU coordinators to distribute and retrievePIBs from 15 to 19 June 2020. On the other hand, Angeles LGU had coordination meetingsamong the DOTr, GCR, and barangay captains and training of community facilitators from 16 to17 June 2020 and mobilized 18 community facilitators, four data encoders, and two LGUcoordinators for PIB distribution and retrieval from 17 to 19 June 2020. A total of 838 AHs inSan Fernando and 480 AHs in Angeles responded to PIBs. The detailed consultation results byLGU are documented in the appendices of this RAP.
2170. During the 2nd SCMs held in Malolos, Calumpit, Apalit, and Sto. Tomas, the followinginformation was disclosed.
(i) Status and next steps of the project;
(cxcvii) Compensation criteria for affected structures, improvements, and trees;
(cxcviii) ROW acquisition process;
(cxcix) Information on relocation sites;
(cc) House design and mode of amortization payment;
(cci) Relocation options for non-landowner APs;
(ccii) LRIP assistance provided for each category of APs; and
(cciii) Information on the central hotline and local help desk.
2171. At the end of the physical meetings, invited APs had an opportunity during an openforum to express their concerns, issues, inquiries, suggestions, and opinions, to which the DOTrwith RAP consultants responded. The DOTr engaged a total of 493 APs (210 males and 283females) from the four affected LGUs in the second SCMs. Table VII -100 summarizes therecords of the second SCMs conducted in each of the four affected LGUs, and Table VII -101enumerates recurring issues and concerns raised by APs during the meetings.
2172. Table VII-100: Summary of Second Stakeholder Consultation MeetingsConducted During Detailed Design Phase
2173. LGU 2174. Dateand Time
2175. Venue 2176. Participant 2177. No. of APParticipants
2182.ale
2183. Femal
e
2184.otal
2185. Malolos
2186. 4 Jun 2020
2187. 9:00 a.m.
2188. Malolos Sports and Convention Center, Municipality of Malolos, Bulacan
2189. Non-landowner APs, DOTr, Malolos LGU, PNR, DHSUD, NHA, GCR, and ADB
2190.5
2191. 22
2192.7
2193. Calumpit
2194. 22 Jun 2020
2195. 9:00 a.m./
2196. 11:00 a.m./
2197. 1:00
2198. Barangay Balungao Conference Hall,Calumpit, Bulacan
2199. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2200. 2201. 20
2202.9
202
2173. LGU 2174. Dateand Time
2175. Venue 2176. Participant 2177. No. of APParticipants
2182.ale
2183. Femal
e
2184.otal
p.m.2204. 24
Jun 20202205. 1:00
p.m.
2206. Calumpang Elementary School, Calumpit, Bulacan
2207. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2208. 2209. 3 2210.
2212. 25 Jun 2020
2213. 9:00 a.m.
2214. 2nd Floor Barangay Corazon Hall, Calumpit, Bulacan
2215. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2216. 2217. 2 2218.
2220. 26 Jun 2020
2221. 9:00 a.m./
2222. 11:00 a.m.
2223. Barangay Gatbuca Hall Open Space, Calumpit, Bulacan
2224. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2225.1
2226. 47
2227.8
2229. 22 Jun 2020
2230. 3:00 p.m.
2231. Barangay Iba O’ Este Covered Court, Calumpit, Bulacan
2232. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2233. 2234. 2 2235.
2237. 22 Jun 2020
2238. 3:00 p.m.
2239. Barangay Iba O’ Este Covered Court, Calumpit, Bulacan
2240. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2241. 2242. 28
2243.7
2245. 23 Jun 2020
2246. 9:00 a.m./
2247. 11:00 a.m.
2248. Barangay Palimbang Daycare Center, Calumpit, Bulacan
2249. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2250. 2251. 9 2252.4
2254. 24 Jun 2020
2255. 9:00 a.m.
2256. Pio Cruzcosa Covered Court, Calumpit, Bulacan
2257. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2258.0
2259. 18
2260.8
2262. 26 Jun 2020
2263. 1:00 p.m.
2264. Poblacion Sports Complex,Calumpit, Bulacan
2265. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2266.3
2267. 18
2268.1
2270. 23 Jun 2020
2271. 1:00 p.m.
2272. San Marcos Elementary School, Calumpit, Bulacan
2273. Non-landowner APs, DOTr, Calumpit LGU, PNR, GCR, and ADB
2274. 2275. 8 2276.1
2277. Apali 2278. 11 2280. Multi- 2281. Non-landowner 2282. 2283. 6 2284.
203
2173. LGU 2174. Dateand Time
2175. Venue 2176. Participant 2177. No. of APParticipants
2182.ale
2183. Femal
e
2184.otal
t Mar 20202279. 1:30
p.m.
purpose Hall, Apalit Municipal Hall, Apalit, Pampanga
APs, DOTr, Apalit LGU, PNR, DHSUD, NHA, GCR, and ADB
9 1 20
2285. Sto. Tomas
2286. 11 Mar 2020
2287. 9:00 a.m.
2288. Lobby Sto. Tomas MunicipalHall, Sto. Tomas,Pampanga
2289. Non-landowner APs, DOTr, Sto. Tomas LGU, PNR, DHSUD, NHA, GCR, and ADB
2290.2
2291. 45
2292.7
2293. Total 2294.10
2295. 283
2296.93
2297. Source: DOTr
2298. Table VII-101: Issues and Concerns Raised During Second SCMs of theDetailed Design Phase
2299. Issue and Concern 2300. Response2301. Alignment and Dimension of the PROW
Expressed concerns that APs might nothave access during construction even ifthey are not currently affected by theproject
Several areas including City of SanFernando, Pampanga might face the similarissues. Such cases are subject to furtherstudy. The DOTr will discuss the matter withthe contractors and design team to work outa solution to retain accessibility. For thosewho would potentially lose accesspermanently, additional land may need to beacquired.
Inquired if there will be an additional threemeters from the current marking
The current marking will be followed. If thereis no measurement data accompanying thearrow marking, the area will not beextended. However, it is possible that duringconstruction some may lose access to theirhomes or businesses. In such cases, thecontractor will provide temporary entry. Butin cases where APs become land locked andtheir areas would become permanentlyinaccessible, additional land may beacquired. Such cases will be subject forfurther study by the DOTr and Project Team.
Asked if the AP can be allowed to stay inher current residence in case her structureis partially affected
Since the structure is located in the PNRROW, it will be cleared since the PNR ownsthe land where her structure stands. Allstructures within the PNR ROW should becleared.
Asked whether the AP can still use theremaining part of her structure and lot outof the PROW
The person can use the remaining part aslong as the integrity of the structure remainsunaffected after a part of her structure isdismantled due to the project. If it is a privateproperty, she can move to the remaining
204
2299. Issue and Concern 2300. Responseland lot, provided that the concerned area isnot a land-locked area of the project.
2302. Project Timeline Inquired about the exact clearing date and
expressed disappointment with thepreviously pronounced
July 31, 2020 is the target date for thecontractor to enter the PNR ROW in Apalit. Ifa relocation site is not ready toaccommodate people, then rental subsidieswill be given. The DOTr advised APs toconsider only the dates officially given by theDOTr and not to transfer until they are told todo so.
Asked when the project area will start to becleared
The indicative timeline for Calumpit is byNovember 2020. However, the exactschedule will depend on whether all AHs arefully paid in replacement cost in compliancewith the project policy.
2303. Ownership, Titles, and Other Legal Documents Inquired about the submission date for
required documents The offer to compensate (OTC) will be
issued upon the certification of the LandBank of the Philippines (LBP) on theappraisal value of all affected structures aswell as the approval of ADB and JICA on theDD RAP.
Asked how and when APs can knowdetails about the submission ofdocumentary requirements
AHs will be advised upon the LGU`sapproval on the DOTr`s mobilization fordocumentary requirements. All of the DOTr`sfuture activities are under preparation.
Expressed concerns about how to provideproof of ownership for animals and bananaplants which are the source of livelihood
A PNR waiver has to be secured as one ofthe requirements to prove ownership sincethe said affected area is under the PNR`sROW. This is a special case which shouldbe studied for appropriateaction/compensation by the LivelihoodTeam.
2304. Affected Properties Inquired about affected people who were
not interviewed and are not on the masterlist but their houses were tagged (i.e.,duplex house with only one tag but withtwo households)
The DOTr acknowledged that people couldhave been absent during the conduct of thevalidation. However, if their structures weretagged even if they were not interviewed,then they are considered affected. Thosewho are not on the list are probably notaffected, which is the reason they were notinterviewed. There is a cut-off date for thecensus and tagging activities. Those whowere interviewed but are not on the list, theirnames will be validated, processed andsubject for NHA approval for socializedhousing.
Inquired about people who wereinterviewed twice and have stickers but noton the master list from the barangay
APs were allowed to check their names inthe master list of the DOTr duringconsultations.
Expressed concerns about the exclusion ofother families (total of four in one structure)
If the families were interviewed separatelyduring the census and tagging, then they
205
2299. Issue and Concern 2300. Responsefrom the master list should be on the master list.
Expressed concerns about partiallyaffected structures
All properties including partially affectedstructures in the PNR ROW will be relocatedas per the project policy.
Inquired if APs will be asked to relocate incase their houses are partially affected
If a house in a private lot is partially affected,the corresponding compensation for housereconstruction will be given. However, as perproject policy, if a house stands on public orgovernment land, APs shall be relocatedeven though the structure is partiallyaffected.
2305. Compensation and Entitlements Inquired about entitlements of renters Renters could avail of the NHA`s relocation
package and other entitlements from theproject. The structure owner will also becompensated.
Inquired about entitlements of people whobought land on the PNR ROW
The PNR`s management does not sell anyof its property in any form including rentalrights. The PNR`s general manager issued amemorandum preventing any individual ofselling PNR properties.
Inquired about compensation of filling usedto elevate the area where an affectedhouse was erected
Only the structure will be compensated asper current project entitlement policy. It isdifficult to show proof of ownership and howmuch filling was used to elevate the saidarea. However, the said issue will beelevated to the concerned committee forfurther verification.
Inquired about entitlements of formerhousing beneficiaries who went back to thesite and will again be affected by theproject. The AP`s brother sold his house inthe relocation site and went back to thePNR ROW.
Former NHA beneficiaries are no longerqualified for the housing program. The casecould be under the structure owner–returneecategory. However, this will be subject tofurther investigation and will be deliberatedby the RIMC (composed of severalagencies). The person will also qualify uponthe submission of required documents.
Expressed concerns about the possibilitythat APs might not be compensated andlots might be left idle just like thegovernment`s past projects
According to social safeguards of ADB andJICA, all affected properties shall be paid,and affected livelihood shall becompensated or restored. Also, thesafeguards ensure that the lives of APs areat least equal or better off compared to theirprevious conditions.
Inquired if assistance other than a housingunit at a relocation site will be given
APs will be compensated for the loss oflivelihood and given food and transportationduring actual transfer. Reconnection ofelectricity and water will be assisted in therelocation site.
Asked who will be paid for trees withmarkings in the residence
Only landowners will be paid for trees withmarkings unless they waive theirentitlements in favor of structure and landoccupants who cultivate their land. In hiscase, the land is owned by the PNR as the
206
2299. Issue and Concern 2300. Responserightful owner and administrator.
Asked whether the labor cost for astructure will be included in thecomputation of the replacement cost andexpressed concerns about belatedcompensation payment
The labor cost is included in the computationof the replacement cost.
All structures will be paid 100% before theyare dismantled. If the person chooses torelocate himself, only the structure cost willbe paid in replacement cost withoutdepreciation from the current market value,so that he can use disbursed compensationfor the construction of a new house.
Asked how the AP can be compensated forthe land on which his family has cultivatedand occupied for almost one hundred years
The land lot is owned by the government. Sofar, the government has allowed him to useits land as his residence and place oflivelihood. For this project, the state-ownedland will be acquired and used if necessary.He cannot receive any compensation for theland since it is owned by the governmentthrough its land administrators, the PNR andthe Department of Public Works andHighways (DPWH). However, his structurewill be compensated in replacement cost.
2306. Relocation and Resettlement Inquired if other children, with their own
family, could be included in the relocationprogram of NHA
Only those who are on the master list couldavail of the relocation package. Additionalinclusion is no longer allowed and will not beaccommodated.
Inquired if a relocation site is located inValenzuela and if APs need to pay for ahousing unit in the relocation site
AHs in Malolos will be relocated to Northville8, Bancal, Malolos. The unit in the relocationsite is not free. Amortizations will be paid byAHs at a very low price since the unit will bealready subsidized by the government. Thetotal housing and lot costs are estimated atPhP534,000.
Inquired if there is an available internetconnection in the relocation and how muchrental assistance will be paid for APs whoopt for self-relocation
The LGU concerned provides information onan average rental price, the gauge for rentalassistance. For example, the average rentalprice in Mabalacat is PhP5,000. Theequivalent rate in Malolos will be informed toAPs.
Inquired the timing and process of self-relocation
The target date for clearing in Malolos isSeptember or October 2020. The list ofrequirements will be given for APs toprepare themselves earlier if self-relocationis implemented prior to the clearing date. Allrelevant assistance for self-relocation will begiven according to the project policy.
Asked whether APs have to pay for theNHA`s housing units
The NHA`s housing unit is not free or grant.A qualified AH is required to pay the allottedhousing unit for 30 years with the lowamortization rate.
Asked whether a possible relocation site islocated in Calumpit
As the in-municipality relocation site, theDOTr checked Northville 8. Unfortunately,the site turned out to be a flood-prone area.
207
2299. Issue and Concern 2300. ResponseInstead, Plaridel Ville is the projectedrelocation site for Calumpit AHs as per theNHA
Expressed concerns that the NHA`shousing design presented during themeeting might not be the same with theone which he will actually acquire ifqualified
DOTr assures that housing units will beturned over to AHs as agreed design andspecifications.
Asked when AHs can know whether theyare qualified for relocation
AHs are entitled to choose one of therelocation options, i.e., self-relocation andassisted relocation. For assisted relocation,the NHA will identify qualified AHs forrelocation through its pre-qualificationprocess. AHs will be notified if they arequalified for the NHA`s housings or not andalso be informed on the schedule ofrelocation site visits.
2307. Source: DOTr
39. Focus Group Discussion with the Vulnerable Sector
2308. FGD sessions were conducted to gauge the vulnerable sector`s awareness on theproject and its resettlement program and figure out concerns and suggestions of vulnerable APspertaining to the project`s resettlement program. In total, 88 vulnerable APs (33 males and 55females) in the seven affected LGUs attended FGDs as shown in Table VII -102.
2309. Table VII-102: Summary of Focus Group Discussions with the VulnerableSector
2310. LGU 2311. Date 2312. Venue 2313. No. of Participants2317. M
ale2318. F
emale
2319. Total
2320. Malolos
2321. 13 Feb 2019
2322. Longos Covered Court, Malolos City, Bulacan
2323. 4 2324. 8 2325. 12
2326. Calumpit
2327. 27 Feb 2019
2328. Bahaghari hall, 1st floor Calumpit Municipal hall, Barangay Balungao, Municipality of Calumpit, Bulacan
2329. 5 2330. 11
2331. 16
2332. Apalit 2333. 15 Feb 2019
2334. Barangay Hall, Barangay Sulipan, Municipality of Apalit, Pampanga
2335. 1 2336. 7 2337. 8
2338. Minalin
2339. 25 Jan 2019
2340. Lourdes Barangay Hall, Municipality of Minalin, Pampanga
2341. 3 2342. 7 2343. 10
2344. Sto. Tomas
2345. 25 Jan 2019
2346. Municipal Hall, Municipality of Sto. Tomas, Pampanga
2347. 4 2348. 12
2349. 16
2350. San Fernando
2351. 14 Feb 2019
2352. Tiburcio Hilario Room, Heroes'Hall, Lazatin Boulevard, City of San Fernando, Pampanga
2353. 8 2354. 5 2355. 13
2356. Angeles
2357. 14 Feb
2358. City Planning and Development office Conference
2359. 8 2360. 5 2361. 13
208
2310. LGU 2311. Date 2312. Venue 2313. No. of Participants2317. M
ale2318. F
emale
2319. Total
2019 Room, Angeles City Hall, Barangay Pulung Maragul, City of Angeles, Pampanga
2362. Total2363. 3
32364. 5
52365. 8
82366. Source: JDT
2367. The FGDs conducted with the vulnerable sector revealed that a majority of the FGDparticipants were aware of the project, its alignment and design, and possible project impacts.Most of the FGD participants also requested more detailed information on compensation,entitlements, and available relocation assistance and expressed their concerns andapprehension on whether they can be fully and fairly compensated in light of the experience ofrelocatees of past projects. Moreover, vulnerable APs actively put forth their suggestions andrequests with regards to the project`s resettlement program: (i) timely and full compensation, (ii)relocation assistance tailored to PWDs and senior citizens, (iii) financial assistance forbusinesses and livelihood, (iv) relocation sites fully equipped with basic utilities, (v) healthprotection measures to be implemented in the proximity of stations, (vi) construction of wallsaround station areas, (vii) auxiliary facilities of stations in consideration of the vulnerable, and(vii) prioritization of APs for the project-related employment. Table VII -103 delineates mainfindings discovered during discussions with the vulnerable sector.
2368. Table VII-103: Results from the Focus Group Discussions with the VulnerableSector
2369. Topics 2370. Responses of FGD Participants’ Responses(Findings)
2371.2372. Knowledge about the
Malolos-Clark RailwayProject
2373.2374. PAPs Knowledge about the Project The railway project will greatly affect livelihood activities
including business establishments, houses, trees and utilityconnections
Project will be using the PNR ROW as against previousinformation of utilizing the middle of the NLEX ROW
Expecting start of implementation in May 2019 Aware of the project’s details including municipalities and cities
covered, ROW alignment and project design Old railway project was the same with the new one Read about the project on the internet; and knew about the
funding of ADB and JICA but details were limited2375. RAP Activities Through SCM, informed that the affected lot and structure
owners on the project objectives and impact; about theadditional stickers for tagging
Compensation for losses and damages incurred because of theproject
2376. Knowledge about theresettlement program of thegovernment
2377. Concern on Compensation Package for PAPs Computation of the payment including the labor cost of
structure, future income of PAPs and cost per square meter ofthe property
209
2369. Topics 2370. Responses of FGD Participants’ Responses(Findings)
Difference between the payment cost of structure and lot Processing of the land title of the adjusted lot Amount of demolition cost and who will shoulder the said cost Possible relocation site of ISFs2378. Relocation Timeline and Need for Information about the
Project Need more information about the project especially on the
entitlements Aware but with limited knowledge on the provision of relocation
by NHA. No further details were shared during discussions
2379. Reaction about theproject’s resettlementprogram
PAPs being apprehensive about receiving only partial payments(e.g. an owner in Malolos only received half of the total cost ofthe property)
Compensation package and computation of the resettlementprogram is not yet clear to the respondents
Fear about not being given appropriate assistance because ofthe information received from past relocatees of similar projects
Concerned about the transfer of their senior citizen pensionsfrom the Department of Social and Welfare Development(DSWD) if they are relocated to another municipality or city
2380. Recommendations onthe project’s resettlementprogram
2381. Livelihood and Source of Income PAPs with affected businesses or livelihoods be compensated
or be provided with assistance Provision of financial assistance to start a business and sustain
their livelihood Priority be given to members of the PAHs as laborers for the
project2382. Compensation and Payment Release of payment on time and in full so that PAPs will not be
affected by the increase in prices of construction materials2383. Relocation Assistance and Concerns of Vulnerable
Sector Relocation assistance for PWDs, persons with physical
illnesses and senior citizens Provision of ramps for the senior citizens and for the PWDs that
are using wheelchairs Transfer of the senior citizen pension from DSWD if to be
relocated in another municipality Government must consider the health of the locals residing
near the train station, especially the senior citizens and infants,by providing health protection measures during the constructionand operation of the project
Accessibility of the station to the elderly and PWDs Functioning elevator and special seats for vulnerable individuals
(e.g. senior citizens, PWDs and pregnant women)2384. Availability of Basic Utilities in Relocation Sites2385. Availability of electricity and other basic utilities and
functional before transfer to relocation sites2386. Safety and Security of Residents Construction of a wall surrounding the train station for noise
210
2369. Topics 2370. Responses of FGD Participants’ Responses(Findings)reduction and safety and privacy of the residents.
2387. Source: JDT
40. Focus Group Discussion with the Business Sector
2388. FGD sessions with the business sector was organized to (i) figure out the businesssector`s concerns about the project, (ii) accommodate requests for livelihood restoration andimprovement upon relocation, (iii) inquire expectations about the roles of the government andprivate establishments in the preparation and implementation of employment and livelihoodsupport, and (iv) gauge awareness and responses in the formation of a cooperative. In total,173 business owner and wage earner APs (64 males and 109 females) in the seven affectedLGUs attended FGDs as shown in Table VII -104Table VII -104Table VII -104.
2389. Table VII-104: Summary of Focus Group Discussions with the Business Sector2390. LGU 2391. Date 2392. Venue 2393. No. of Participants
2397. Male
2398. Femal
e
2399. Total
2400. Malolos
2401. 13 Nov 2018
2402. Longos Covered Court, Malolos City, Bulacan
2403. 2 2404. 10
2405. 12
2406. Calumpit
2407. 20 Nov 2018
2408. Municipal Hall Covered Court, Municipality of Calumpit, Bulacan
2409. 4 2410. 4 2411. 8
2412. Apalit
2413. 14 Nov 2018
2414. San Vicente Covered Court, Municipality of Apalit, Pampanga
2415. 6 2416. 7 2417. 13
2418. Minalin
2419. 25 Jan 2019
2420. Lourdes Barangay Hall, Municipality of Minalin, Pampanga
2421. 3 2422. 7 2423. 10
2424. Sto. Tomas
2425. 25 Jan 2019
2426. Municipal Hall, Municipality of Sto. Tomas, Pampanga
2427. 13
2428. 31
2429. 44
2430. San Fernando
2431. 8 Nov 2018
2432. Maimpis Covered Court, City of San Fernando, Pampanga
2433. 9 2434. 7 2435. 16
2436. Angeles
2437. 15 Nov 2018
2438. Legislative Hall, Angeles City Hall, City of Angeles, Pampanga
2439. 17
2440. 23
2441. 40
2443. 16 Nov 2018
2444. Malabanias Covered Court, City of Angeles, Pampanga
2445. 10
2446. 20
2447. 30
2448. Total2449. 6
42450. 1
092451. 1
732452. Source: JDT
2453. The FGDs conducted with the business sector first revealed that business owners andwage earners felt concerned about project impacts on their businesses or livelihood. Regardinglivelihood restoration and improvement, the FGD participants requested for (i) the prioritizationof APs for the project-related employment. (ii) the provision of job referrals and employment in
211
the vicinity, (iii) the conduct of job fairs, and (iv) the implementation of measures against agediscrimination in employment and measures for improvement of job skills. In the preparation andimplementation of employment and livelihood support, business owners and wage earnersexpected the government to (i) facilitate the implementation of livelihood-related training, (ii)provide financial assistance for the establishment of businesses, (iii) make appropriate andtimely compensation, and (iv) establish functioning help desks. On the other hand, participantsexpected private establishments to generate jobs and provide soft loans for businesses and freeskills training courses for livelihood restoration and improvement. Furthermore, the FGDparticipants expressed their interests in the formation of cooperatives and requested for theconduct of relevant seminars to better understand functions and benefits of cooperatives. Table VII -105 presents main findings discovered during discussions with the business sector.
2454. Table VII-105: Results from the Focus Group Discussions with the BusinessSector
2455. Topics 2456. Responses of FGD Participants (Findings) 2457.2458. Concerns about the
project On project details and timeline; project impacts on their works, business operation, and livelihood; Appraisal and compensation procedures; taxation; transfer of their children to another school; Welfare of the vulnerable sector such as senior citizens; social adjustments in the new neighborhood; Immediate concerns about their properties and shelter rather than their livelihood; stability and possible loss of their businesses
2459. Requests for livelihoodrestoration and improvement
2460. Priority in Employment Opportunity To be prioritized in the employment slate (with preference in
regular employment); job referrals to nearby establishmentsor enhanced in-city mobility for employed APs; for theirchildren to be absorbed as regular employees in the vicinity;the provision of employment in the vicinity;
Job fairs to be conducted for interested APs2461.2462. Livelihood Assistance for Vulnerable Sector Livelihood assistance for senior citizens and solo parents Vulnerable sector prefers the provision of livelihood
opportunities rather than employment Assurance on continued privileges like 4Ps and solo parent
enlistment. Respondents requested for measures to protect APs from age discrimination and bridge gaps in skills required for employment
2463. Expectations about thegovernment’s roles in the preparation and implementation of employment and livelihoodsupport
2464. Accessible information Ensure accessibility of project information2465. Proper Compensation Facilitate disbursement of proper compensation to APs for
the re-establishment of businesses Expedite resettlement processes especially in releasing
compensation2466. Help Desk Set-up Establish the Help Desk to provide clarifications and address
inquiries and concerns about the project, livelihood, and othermatters
212
2455. Topics 2456. Responses of FGD Participants (Findings) 2467. Extending Business and Financial Assistance Facilitate the implementation of livelihood skills training (e.g.,
sari-sari store operation, food processing, baking, handicraft-related courses, and machinery and heavy equipmentutilization)
Assist in setting up micro businesses like stores, eateries,and electronics repair shops
Provide start-up capital for the re-establishment ofbusinesses
Provide market places Provide financial capital for the impoverished Financial assistance and eliminate rigorous bureaucracy in
acquiring documents Other: Reconsider the project alignment
2468. Expectations about private establishments’ roles in the preparation and implementation of the employment and livelihoodsupport
Private establishments should coordinate with the government to create jobs or carry out job fairs for APs Provide soft loans to APs interested in business ventures Assist micro and small businesses Offer employment opportunities and made special considerations for senior citizens or PWDs Donate seedlings feasible for farming Provide scholarships for children Offer medical assistance to APs Auxiliary security in resettlement areas Private schools should promote and provide free Alternative Learning System (ALS) and Technical Education and Skills Development Authority (TESDA) course Private foundations should establish community daycare centers. Private establishments should build cell sites in resettlement areas to increase accessibility
2469. Awareness and responses in forming a cooperative
Cooperatives as organizations in which they can save money, make investment, and earn capital for their businesses Requested for joint efforts of the private and public sectors to promote local products Interested in joining cooperatives but were still unfamiliarwith the functions and benefits of cooperatives Suggested expanding the existing cooperative rather than forming a new one Looked forward to attending seminars designed to help organize a cooperative and improve financial literacy
2470. Other requests or recommendations
Possible realignment of the project to lessen impacts on affected communities Realignment of the project on government properties Impartiality of government proceedings like processing ofdocuments and provision of assistance
2471. Source: JDT
2472. Due to the government`s restrictions on movement under the GCQ, the second round ofFGD sessions with the business sector was conducted via phone call to collect the informationon business owners` current businesses and employees and figure out (i) whether they are
213
willing to continue current businesses, (ii) whether their businesses are operated in theirresidence, (iii) whether their family members also engage in their businesses, and (iv) what istheir plan for current employees. In total, 24 business owners in the six affected LGUs attendedFGD sessions in the form of phone interviews. Table VII -106Table VII -106 summarizes theinterviews conducted with business owners.
2473. Table VII-106: Summary of Second Round of FGDs with the Business Sector2474. LGU 2475. Date 2476. No. of Interviewed
Business Owners2479. M
ale2480. F
emale
2481. Total
2482. Malolos 2483. 11 June 2020
2484. 0 2485. 1 2486. 1
2487. Calumpit 2488. 10-19 June 2020
2489. 5 2490. 8 2491. 13
2492. Apalit 2493. 10 June 2020
2494. 0 2495. 1 2496. 1
2497. Sto. Tomas 2498. 11 June 2020
2499. 2 2500. 0 2501. 2
2502. San Fernando 2503. 10 June 2020
2504. 2 2505. 2 2506. 4
2507. Angeles 2508. 10-11 June 2020
2509. 2 2510. 1 2511. 3
2512. Total2513. 1
12514. 1
32515. 2
42516. Source: DOTr
2517. The over-the-phone FGDs revealed that 19 out of 26 businesses (two business ownersrunning two businesses) are operated in business owners` own residence and that 14 out of 26businesses involve business owners` family members as employees. Most of the interviewedbusiness owners expressed their willingness to continue their businesses and fully or partiallyretain their employees in the future. Table VII -107 presents main findings discovered duringphone interviews with business owners.
2518. Table VII-107: Main Findings Discovered During Second FGDs with theBusiness Sector
2519. LGU 2520. Willingness toContinue Current
Businesses
2521. Future Plan for Current Employees
2523. Yes
2524. No
2525. Undecided
2526. Retain
2527. Partial
lyReta
in
2528. NotRetain
2529. Undeci
de
2530. No
Employee
2531. Malolos
2532. 12533. 0 2534. 0 2535. 12536. 0 2537. 0 2538. 0 2539. 0
2540. Calumpit
2541. 11
2542. 2 2543. 1 2544. 13
2545. 0 2546. 1 2547. 0 2548. 0
2549. Apalit 2550. 12551. 0 2552. 0 2553. 02554. 0 2555. 0 2556. 0 2557. 12558. Sto. 2559. 12560. 0 2561. 1 2562. 02563. 0 2564. 0 2565. 2 2566. 0
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2519. LGU 2520. Willingness toContinue Current
Businesses
2521. Future Plan for Current Employees
2523. Yes
2524. No
2525. Undecided
2526. Retain
2527. Partial
lyReta
in
2528. NotRetain
2529. Undeci
de
2530. No
Employee
Tomas 2567. San
Fernando2568. 42569. 0 2570. 0 2571. 12572. 1 2573. 1 2574. 0 2575. 1
2576. Angeles
2577. 32578. 1 2579. 0 2580. 12581. 0 2582. 1 2583. 2 2584. 0
2585. Total 2586. 21
2587. 3 2588. 2 2589. 16
2590. 1 2591. 3 2592. 4 2593. 2
2594. Note: Two out of 24 interviewed business owners own two businesses, so their answer for each business was counted separately.
2595. Source: DOTr
SS. Consultation and Participation Mechanism During the Project Implementation Stage
2596. The following activities will be carried out for resettlement and land acquisition, the LRIP,civil works, and monitoring and evaluation as part of project implementation and measures toensure that information disclosure would be sufficiently conducted.
1. Community Validation
2597. Community validation is a process wherein the list of affected non-landowners or ISFs isposted in each barangay for transparency. This process allows APs to dispute the names on thelist, make corrections in the information such as misspelling, and enable the DOTr to clarify whysome affected households (AHs) are qualified or disqualified from relocation. Those who disputethe names in the list will be welcomed to present evidence and act as a witness to support theirclaims. The said evidence will be presented before the Local Housing Board (LHB), the LocalInter-agency Committee (LIAC), or the RAP Implementation Management Committee (RIMC),where a decision on the dispute will be made. The decision of the LHB, LIAC, or RIMC is finaland executory, unless a complainant expresses in writing to elevate a dispute to the ProjectInter-agency Committee (PIAC).
2598. Community validation will be conducted in each barangay as part of the final validationon the master list. Representatives from the DOTr, the LHB, LIAC, RIMC, NHA, and barangayLGUs are encouraged to participate in the community validation process. The list of thosequalified for relocation will be disclosed. Other compensation and entitlements of eachhousehold will not be disclosed publicly to avoid comparisons among neighbors and to protectthe privacy of each APs.
41. Visit to Relocation Sites
2599. Households which are qualified for relocation or their elected representative will beinvited to participate in a visit to relocation sites proposed by the NHA or Pag-IBIG developers
215
prior to the selection of the winning proposal. Subsequent visits to chosen relocation sites willbe conducted once construction commences and until relocation sites are ready.
42. Consultation Through the Local Help Desk
2600. Aside from providing a venue to raise and discuss grievances, the local help desk willalso serve as a constant and open venue for APs to obtain information and be updated on thestatus of resettlement and project implementation in general. The DOTr has also establishedand operated the central hotline to receive concerns of APs as explained in detail in Chapter 9.
43. Final Orientation Prior to Relocation
2601. The DOTr, NHA, LHB, LIAC, RIMC will conduct the final orientation for APs in the sevenaffected LGUs prior to relocation to discuss the following:
(i) Timeline and schedule of relocation;
(cciv) Documents to be prepared and secured (e.g., IDs, school records, and healthrecords);
(ccv) Policies in relocation sites;
(ccvi) Payment of monthly amortizations for socialized housings or monthly rents forpublic rental facilities; and
(ccvii) Procedure for compensation and other eligibilities.
44. Consultation for the Livelihood Restoration and ImprovementProgram
2602. Livelihood Restoration and Improvement Program During the Transition Period.The DOTr will continuously conduct consultations on the LRIP, while APs are relocated totemporary accommodations and await the completion of construction for the final relocationsites or the final relocation.
2603. Livelihood Restoration and Improvement Program After Relocation. The DOTr willconduct consultations on the LRIP per relocation site to monitor the status of its implementationand determine if there are APs who need assistance in finding jobs or re-starting or starting abusiness that could be helped by the project. The consultations will also serve as a venue toknow issues and concerns encountered by APs when rehabilitating themselves in relocationsites.
45. Consultation for Civil Works
2604. The DOTr will conduct consultations with regard to concerns of APs about civil works ineach of the seven affected LGUs.
46. Stakeholder Consultation Meetings for Monitoring andEvaluation
2605. SCMs will be conducted every year in the seven affected LGUs of Malolos, Calumpit,Apalit, Minalin, Sto. Tomas, San Fernando, and Angeles, from the commencement of civil worksto monitor any RAP issues that can arise during the implementation stage.
216
TT. Consultation and Participation Mechanism During the Post-Project Implementation Stage
1. Stakeholder Consultation Meeting
2606. SCMs will be conducted at relocation sites on a regular basis until the third year afterrelocation with a view to assessing impacts of relocation sites to the host community.
47. Focus Group Discussion
2607. FGDs with APs will be conducted at relocation sites on a regular basis until the third yearafter relocation with a view to assessing impacts of displacement to APs.
UU. Information Disclosure
2608. At each stage of the project, the DOTr will disclose information concerning the projectthrough the distribution of materials, online disclosure of project information, and media releaseor press briefing.
1. Production and Distribution of Printed and Other Materials
2609. The DOTr has prepared the GRM brochure and PIB in English and Tagalog to informAPs about the project, the GRM, relocation sites, and the LRIP as well as any other materialswhen necessary. The project poster, PIB, and GRM brochure are attached in the appendices ofthis RAP. The materials prepared by the DOTr both in English and Tagalog and distributed toAPs are summarized in Table VII -108 and attached as Appendix 10Table VII -108.
2610. Table VII-108: Materials Prepared and Distributed2611. Stage of
ProjectCycle
2612. Type of Material
2613. Detailed design
PIB Project poster GRM brochure (two types) Tarps of the local help desk (four types) Standard DOTr presentation material (audio-visual production) Available livelihood and employment opportunities (i.e., train operation),
skills required, and schedule of skills training and hiring per LGU Information on the process of resettlement
2614. Project implementation
Available livelihood and employment opportunities (i.e., train operation), skills required, and schedule of skills training and hiring per LGU
GRM brochure to inform APs where to go or who to contact for their grievances and complaints
2615. Post-project implementation
Available livelihood and employment opportunities (i.e., train operation), skills required, and schedule of skills training and hiring per LGU
GRM brochure to inform APs where to go or who to contact for their grievances and complaints
2616. Source: JICA and ADB
217
48. Online Disclosure of Project Information
2617. The DOTr uses the project’s public relations platforms to disclose RAP-relatedinformation through social media, targeting a wide range of audience. Photographs, videos, andstories regarding the project are posted on the project’s Facebook and Twitter accounts set upin February 2019. The social media platforms serve as a venue that allows informationdissemination and interactive engagement with the audience.
2618. Table VII-109: Social Media Accounts for the Project2619. Med
ia2620. Account Name 2621. Logo
2622. Facebook
2623. North-South Commuter Railway Project
2624.
2625. Twitter
2626. Overheard sa Biyahe
2627.2628. Source: JDT
49. Media Release and Press Briefing
2629. From time to time, the DOTr produces and distributes media releases and pressbriefings for every project milestone such as project launch. The DOTr plans to produce a mediarelease or press briefing for the commencement of civil works to inform a wide range ofaudience of the news.
50. COVID-19 Health and Safety Measures for Physical Consultations
2630. During the COVID-19 enhanced and general community quarantine period prevailingfrom March to June 202058, the Government of the Philippines (GoP) under the Inter-AgencyTask Force on Emerging Infectious Disease (IATF) provides the Omnibus Guidelines on theImplementation of Community Quarantine in the Philippine (Issued on 15 May 2020) whichrestrict the organization of mass gathering and movement, including suspension of publictransportation. Under the General Community Quarantine (GCQ), the prescribed minimumhealth standards specify that gathering shall be limited to persons. Public transportationallowed, but 1-meter distance between passengers shall be maintained; private vehicles areallowed subject to DOTr’s guidelines; and persons above 59 are not allowed to work in officeand should continue to work from home. With the prevailing condition, conduct of physical publicconsultation shall adopt in the context of COVID-19 when contact with people is to be avoidedas much as possible. The timing for the resumption of physical public consultations takes into
58 From 17 March to 13 April 200, the National Capital Region (NCR) and some parts of Luzon where the projectarea is located are placed under Enhanced Community Quarantine (ECQ); From April to 15 May 2020, Extensionof ECQ in NCR and some parts of Luzon where the project are is located; 12 May 2020, NCR, Laguna Provinceand Cebu are announced to be placed under Modified ECQ from 15 to 31 May 2020; 1 June 2020 onwards, NCRis placed under GCQ.
218
consideration the movement restrictions and the maximum number of people who are allowedto gather in one place under GoP regulations.
2631. A general approach to prevent the transmission of COVID-19 shall be adopted by theproject (Appendix 7). This is to plan the methodology and protocol for conducting publicconsultations and ground surveys, wherein contact with people is to be avoided as much aspossible. However, when this is not feasible, this general approach, as described below, will beadopted.
Table VII-110: General Health and Safety Approach
2632.No.
2633. Step
2634. Description 2635. Measures
2636.1
2637. Prevent
2638. Action to prevent anyforeseen risk to spread andtransmit the virus prior toactivities
COVID-19 free environment at thebeginning of resuming works.
Select venue which have sufficient sizeand ventilation and allow safe access tothe venue.
Take appropriate measures to preventinfection from the virus while access tothe venue.
Disseminate sufficient information sothat participants can feel safe andsecure in attending activities.
Train all staff involved in the necessaryprotocols to conduct the activities andconduct rapid antibody test and obtainthe negative results from healthauthorities to make sure all staff are freefrom virus.
2639.2
2640. Protect
2641. Action to adopt toprotect PAPs and Staff fromthe potential infection from thevirus during activity.
Minimize the number of staff to havecontact with PAPs and the time of contact.
Maintain social distance (1.5m) andprovide good ventilation at venues.
Ask if APs have dry cough, fever, unusualsymptoms. (los of smell or taste,headaches), and avoid contact withpeople who have symptoms.
Strictly manage the disinfection anddisposal of used equipment (double wrapbin liner).
2642.3
2643. React
2644. Action required ifencountering people infectedor potentially infected
If APs show symptoms, send home or cancel the ground survey
Staff to disinfect hands and equipment after the encounter.
219
2632.No.
2633. Step
2634. Description 2635. Measures
Follow the GoP protocol in case of infection
Source: DOTr’s COVID-19 Health and Safety Protocols
2645. In response to prevent the transmission of COVID-19, the DOTr has adopted thefollowing measures and protocols specific for the conduct of public consultations and groundsurveys. A copy of DOTr’s Health and Safety Protocols is in Appendix 7.
2646.2647. Table VII-111: Required Protective Approaches for Staff and Participants
2648.2649. Ap
proachphase
2650. Health Check
2651.
2652. PPE
2653.
2654. Disinfection2655. Social
Distance
2656. Staff
2657.
2658. Protect
2659. Conductrapid antibody test
2660. Procure PPE
2661. Procure disinfection material
2662. Provide training on social distance
2664. Prevent
2665. Check temperature and health condition before the activities
2666. Provide enough PPE for activity
2667.
2668. Disinfect handsand PPE before and after the activity
2669. Maintain 1-2m social distance
2671. React
2672. Monitor for any symptoms
2673. ―
2674. Disinfect handsand PPE if encountering potentially infected APs
2675. If staff show symptoms, self- quarantine
2676. Partici pants
2678. Protect
2679. Provide information on symptoms of COVID-19, and explain to APs
2680. Procure masks to be given to APs
2681. Venue and equipment are properly disinfected
2682. APs havingsymptoms are not allowed to attend activities
220
2648.2649. Ap
proachphase
2650. Health Check
2651.
2652. PPE
2653.
2654. Disinfection2655. Social
Distance
2677.
2684. Prevent
2685. Check temperature and health condition before activity
2686. Provide mask
2687. Disinfect handsbefore and after activity
2688. Maintain 1-2m social distance
2690. 2691. 2692. 2693. 2694.
2696. React
2697. If assessed to present a health risk, APs will bedenied to attend activities
2698. ― 2699. ―2700. If PAPs show symptoms, self- quarantine
Source: DOTr’s COVID-19 Health and Safety Protocols2701.
2702. Table VII-112: Project COVID-19 Measures to Physical Public Consultations andGround Surveys
2703.2704. Activities 2705. Project COVID-19 Measures
2706. PublicConsultations
2707. Face-to-face consultations: For small venues like conference rooms/classroom-type room, a
maximum 10 participants per room will be allowed per session. Larger venues such as basketball court is preferred for a larger number of participants (maximum of 50). A 1-2 meters distancing will be maintained for the sitting arrangement and queueing during registration. A handout that contains consultation protocolswill be provided to the participants upon registration.
The DOTr staff and other agencies who will participate in the face-to-face consultations will be required to undergo a rapid antibody testing for COVID-19. They will be provided with PPEs (e.g., facemask) and alcohol/sanitizers and will be oriented on social distancing protocols. During the actual consultation, the health condition of staff will also be checked.
2708. The SCM/IEC participants will be oriented with COVID-19
precautions during the consultation. Their temperature and health condition will be checked before entering the venue and will be provide with masks and sanitizers/alcohol and facemasks. APs who may exhibit COVID-19 symptoms will not be allowed to enter the venue and endorsed to proper health authorities.
2709.2710. Online consultations:2711.
221
2704. Activities 2705. Project COVID-19 Measures Online meetings will utilize recorded videos for presentation,
Q&A session will be done through live streaming of DOTr, and other agencies involved.
2712. GroundSurveys
Ground staff/surveyors will undergo orientation of theprotocols to be observed during the activity including properphysical distancing measures. Staff will be provided with PPEs(e.g. facemask and face shield) and disinfection kits. The healthcondition of the staff will also be checked prior to conducting thesurvey.
The project affected people will be contacted prior to informand obtain approval to conduct the survey. Physical distancingwill be observed during the interviews and physical contact will beavoided. Interviews will be conducted outside the structure, oravoidance of enclosed areas will be observed.
Options for surveys:
Should there be a need to conduct surveys, online and phonesurveys will become optional aside from the usual on-site face-to-face interviews. The project affected people will be asked ontheir preferred option depending on their capacity (i.e. mobileaccess, access to internet, owns a computer). For the on-siteinterviews, it is preferred to be conducted in one venue (withinthe barangay) to minimize the exposure to COVID-19. However,it must be noted that said surveys may fail to account for all APsand results will have to be representative of the largerpopulation of APs. Additional surveys may be initiated when ithas become safe to do so.
Source: DOTr’s COVID-19 Health and Safety Protocols2713.
51. Disclosure of RAP Documents
2714. The following documents have been disclosed on JICA and ADB websites upon the FScompletion. As described in Table VII -113, the following documents are available at JICA andADB websites through the links provided.
2715. Table VII-113: List of Disclosed Documents upon FS Completion 2716. A
gency
2717. DisclosedDocument
2718. DisclosedDate
2719. URL
2720. JICA
2721. Draft RAP (Main Volume)
2722. 11 Oct 2018
2723. https://www.jica.go.jp/english/our_work/social_environmental/id/asia/southeast/philippines/c8h0vm0000bk9u1j-att/c8h0vm0000dhvs13.pdf
2724. ADB
2725. Draft RAP (Main Volume)
2726. Oct 2018
2727. https://www.adb.org/projects/documents/phi-52083-001-rp-0
2729. Combined 2730. Oct 2731. https://www.adb.org/projects/
222
Resettlement and Indigenous Peoples Planning Frameworks
2018 documents/phi-52083-001-remdf
2732. Source: JDT
2733. The final DD RAP and other required documents on resettlement planning, assessment,and monitoring will be also disclosed. The documents to be disclosed are listed in Table VII -114
2734. Table VII-114: Documents to be disclosed2735. Agency 2736. Document
2737. DOTr Final DD RAP endorsed by the DOTr and concurred by JICA and ADB Corrective action plans prepared during project implementation (if any) Any resettlement-related due diligence reports RAP implementation monitoring reports
2738. JICA Final DD RAP endorsed by the DOTr and concurred by JICA and ADB RAP implementation monitoring reports
2739. ADB Final DD RAP endorsed by the DOTr and concurred by JICA and ADB RAP implementation monitoring reports
2740. Source: JDT
VIII. CHAPTER 8: LIVELIHOOD RESTORATION AND IMPROVEMENT
PLAN
2741. This chapter outlines the various measures the DOTr will carry out in order to mitigatethe impacts on the income and livelihood of 542 affected households (AHs) (1,564 persons).AHs or affected persons (APs) with livelihood include: (i) 2 APs engaged in farming, (ii) 102 APsrunning micro-businesses, (iii) 291 APs running home-based enterprises, (iv) 147 APs who rentout their room or their house as additional income sources, (v) 129 employees losing incomedue to business closure or downsizing, and (vi) 1,288 vulnerable households.
2742. This chapter also discusses the courses of action the DOTr in cooperation with affectedlocal government units and appropriate national government agencies to ensure that acomprehensive livelihood restoration and support measures are provided according to therequirements of AHs and APs.
A. Objective of the Livelihood Restoration and Improvement Program2743.2744. The objective of the livelihood restoration and improvement program (LRIP) is to assistAPs/AHs whose livelihoods are adversely affected directly by the project to restore, or improvetheir income-generating capacity to at least pre-project levels. Households experiencing loss ofproductive resources or loss of employment as a result of the project-related displacement mayface challenges in restoring their livelihood, income-generating capacity, and living standards.Furthermore, for vulnerable households, there is an opportunity to contribute to improving theirliving standards through the provision of targeted support within the project. It is important tonote that the LRIP will only be applicable to people of the working age of 18 years and above.
223
2745. The livelihood of APs is expected to be affected in various ways. Some APs areexpected to be able to restore their livelihood after a temporary period of disruption oralternatively be able to re-establish their livelihood by utilizing compensation and assistanceprovided in the entitlement matrix with minimal assistance under the LRIP. The wage-basedAPs who are expected to retain their employment and business operators are expected to beable to restore their businesses with the compensation given to them.
2746. For vulnerable APs including the poor, elderly-headed households, solo parents andfemale-headed households, and persons with disabilities (PWDs) can be assisted through theLRIP by being provided with livelihood opportunities.
VV. Categories of Affected Persons with Affected Livelihood
2747. Affected persons whose livelihood will be affected by the project are the following:
a. 542 APs who operate businesses in the project area:
(i) 2 farmers with livestock, game fowl, and love bird’s breeder
(ccviii) 102 stand-alone micro-businesses such as bakery, furniture making, junkshop, appliance and computer repair shops, and others
(ccix) 291 APs in home-based enterprises such as sari-sari store, catering, buyand sell of non-food items, and food vending
(ccx) 147 APs who rent out a room or house for additional income and businesspurposes
b. Affected employees and workers
(i) 129 employees/workers of affected businesses
(ii) 292 HH members who are working outside their residence
c. The 1,288 vulnerable households who will need assistance to improve theirlivelihood.
WW. Methodology for Developing the Program
2748. The baseline profile of APs was gathered through the conduct of the socio-economicsurvey (SES) and focus group discussions (FGD) in the affected LGUs. Training needsassessment (TNA) and key informant interviews (KIIs) were also conducted alongside thelivelihood coordination meetings with LGUs.
1. Livelihood Survey
2749. The first and main round of the SES was conducted during the feasibility study (FS)phase between April and July 2018. A second round of the SES was conducted during thedetailed design (DD) phase but only for the persons affected by a change in the project right-of-way (PROW) between March and April 2019. For AHs, a specific survey on livelihood and theirliving conditions was conducted. In May 2020, a separate survey was done on 104 affectedbusiness owners where information on the nature of their businesses, employees, income,project perception, and preferences for income restoration were gathered.
224
52. Focus Group Discussion
2750. At the DD stage, FGDs were conducted with APs in November 2018 and January 2019.From November 8 to 20, 2018, FGDs in six areas in Bulacan and Pampanga were conductedright after the stakeholder consultation meetings (SCMs). A total of 119 APs (48 males and 71females) participated in the FGDs. On 25 January 2019, FGDs were done in Sto. Tomas andMinalin where a total of 53 APs (16 males and 37 females) participated. The following were themajor points raised in the discussion: (i) employment, (ii) accessibility of public transportation toworkplace for their future jobs, (iii) provision of start-up capital and soft loans, and (iv) skillstraining.
53. Training Needs Assessment
2751. The first round of the TNA was conducted on November 8 to 20, 2018 before thecommencement of SCMs with 142 AP respondents (67 males and 75 females) in five LGUs—Malolos, Calumpit, San Fernando, Apalit, and Angeles. Another TNA was conducted during jointvalidation with 643 AP respondents (400 males and 243 females) in Angeles and Calumpit fromJanuary to February 2020. The latest assessment was done in March 2020 with 112 APrespondents (76 males and 36 females) in Apalit and Sto. Tomas; and in June 2020 with 25 APrespondents (21 males and 4 females).
2752. TNA results showed that APs expressed their interest to be trained in the following: (i)manufacturing, (ii) construction, (iii) health and development community services, (iv) tourismand hotel and management, and (v) information technology and business process outsourcing.Under the entrepreneurial sector, most APs expressed interests to be trained in (i) foodbusiness and related services, (ii) agricultural and aquatic business, (iii) beauty and wellness,and (iv) textiles, garments and other services.
2753.Table VIII-115: Summary of TNA Conducted in Affected LGUs
2754.2755. L
GU2756. TNA
Conducted in Nov2018
2757. ValidationConducted in Jan-
Feb 2020
2758. Before andAfter SCM
2759. ConductedMar and Jun 2020
2760. Total
2762.Male
2763. Female
2764.Sub-
Total
2765.Male
2766. Female
2767.Sub-
Total
2768.Male
2769. Female
2770.Sub-
Total
2772. Malolos
2773.4 2774. 8
2775.12
2776.4 2777. 6
2778.10
2779.21 2780. 4
2781.25 2782. 72
2783. Calumpit
2784.8
2785. 14
2786.22
2787.179
2788. 106
2789.285
2790.0 2791. 0
2792.0
2793. 307
2794. Apalit
2795.9 2796. 3
2797.12
2798.0 2799. 0
2800.0
2801.48
2802. 28
2803.76 2804. 88
2805. Sto.Tom
2806.0 2807. 0
2808.0
2809.0 2810. 0
2811.0
2812.28 2813. 8
2814.36 2815. 36
225
as2816. S
anFernando
2817.5 2818. 9
2819.14
2820.0 2821. 0
2822.0
2823.0 2824. 0
2825.0 2826. 14
2827. Angeles
2828.41
2829. 41
2830.82
2831.217
2832. 131
2833.348
2834.0 2835. 0
2836.0
2837. 430
2838. Total
2839.67
2840. 75
2841.142
2842.400
2843. 243
2844.643
2845.97
2846. 40
2847.137
2848. 994
2849. Source: DOTr
2850. Table VIII -116 describes the identified training needs and skills needed as identified bythe APs and their families.
Table VIII-116: Summary of TNA Conducted in Affected LGUs
2851. Area
2852. ManufacturingSector
2853. ConstructionSector
2854. ICT-BPMSector
2855. Health&CommunityDevelopmentServices
2856. Logistics
2857. TourismandHotelManagement
2858. Transportation
2859. Sector
2860. Angeles City
AutomotiveMechanic
CAD/CAMOperator
DeburringTechnician
Driver Dressmaker Food
Processor Machine
Mechanic Motorcycle
Technician
AutoCAD Operator
Carpenter Construction
Painter Driver Masons Welder
2861.2862.2863.
AnimatorsVideo
Bookkeeper Call Center
Agents Computer
SystemsServicePersonnel/Technician
Graphic/VideoArtists
MarketingTelemarketer
Caregiver Nursing
Assistant2864. 2865. 2866. 2867. 2868.
2869.
Air-condition mechanic
2870. 2871. 2872. 2873. 2874. 2875. 2876.
Chef/Cook Housekeepi
ng Service Worker
Waiter2877. 2878. 2879. 2880.
Jeepney Driver
Tricycle Driver2881. 2882. 2883. 2884. 2885. 2886.
2887. SanFernandoCity
AutomotiveMechanic
Driver Electronics
EquipmentAssembler
Technician
Welder Electrician
2888. 2889.
2890.
Beauty Care2891. 2892. 2893.
2894. Chef/cook2895. 2896. 2897.
2898. 2899. 2900. 2901.
2902. PampangaProvince
Motorcycleoperator
Painter 2903. NursingAssistant
Aircraftmechanic
2904. 2905.
2906. MalolosCity
Carpenter Dressmaker Food
Processor
Bookkeeper
2907.2908.2909.
Beauty Care Massage
Therapist Nursing
Assistant
2910.2911.2912.
Housekeeping Service Worker
2913.
2914.2915.
2916. BulacanProvince
Automotive Dressmaker Food
Processor Weaver
2917. 2918. 2919. 2920. Baker Chef/cook Waiter
Grab Driver Jeepney
Driver
226
54. Rapid Labor Market Assessment
2921. A rapid labor market assessment (LMA) was conducted in the Provinces of Pampangaand Bulacan to get baseline data on the labor market situation in December 2018. The surveyresults were analyzed against potential benefit on the employment of affected persons. Theinformation was used to establish potential opportunities that can be offered to AHs particularlyin construction related work. The result showed that in 2014 to 2017, the five highly in-demandjobs/employment were on (i) construction, (ii) agribusiness, (iii) manufacturing, (iv) health andwellness services, and (v) Information Communications Technology (ICT) and BusinessProcess Outsourcing. Thus, the results signify the correlation of the job supply and the labordemand in the affected areas, which would create more job opportunities for the APs.
55. Key Informant Interviews
2922. KIIs were conducted with LGUs in Apalit, San Fernando, Angeles, and Sto Tomas,Pampanga. The Public Employment Service Office (PESO), the City Social Welfare andDevelopment Office (CSWDO), and the City Agriculture Office (CAO) were consulted fromNovember 2018 to February 2019. Information was gathered during the consultations onavailable training programs and livelihood support that LGUs could provide to AHs.
2923. The first series of livelihood coordination meetings with the LGU in Sto. Tomas tookplace on March 9, 2020 while the coordination meetings with the LGUs in Malolos and Calumpitwere conducted on March 10, 2020. The City Planning Development Office (CPDO), PESO,CSWDO, and CAO participated in these meetings. Discussion highlighted the current livelihoodprograms and basic services available that can be provided to APs.
2924. KIIs and series of coordination meetings resulted in commitments by the nationalagencies to work with the DOTr and the LGUs to provide assistance to APs. The soft loanassistance program is the common program support from various national government officessuch as the DTI, DA, and DSWD. The program offers four types of loans ranging fromPhP5,000 to 200,000, which APs could apply for livelihood purposes. The types of soft loansare described in Table VIII -117.
2925.2926. Table VIII-117: Loan Assistance Available to APs
2927. Program 2928. Description 2929. Agency
2930. Pondo sa Pagbabago at Pag-asenso (P3)
• A microenterprise borrower may avail of PhP5,000and up to PhP200,000 depending on the size of the business and the enterprise's ability to pay.
• For enterprises with at least one employee, the beneficiary could borrow up to PhP200,000.
• The fund should be used for the enterprise's expansion and/on additional supplies for the business, or for self-rehabilitation.
• Provides affordable and cost-efficient micro loans with 2.5% monthly interest.
2931. DTI
2932. Livelihood Seeding Program
• PhP5,000 worth of goods for sari-sari store, bigasan (rice store), rug making, etc.
2933. DTI
2934. Loan Assistance Program for Small andMedium Businesses
• PhP5,000 per beneficiary 2935. DSWD
227
2927. Program 2928. Description 2929. Agency
2936. Loan Assistance to Farmers
• PhP10,000–15,000 per farmer 2937. DA
2938. Source: DTI, DSWD, and DA
2939. 455. APs will be assisted to access soft loans offered by partner agencies. The projectteam and LGUs shall coordinate with these partner agencies on the eligibility requirementsand required supporting documents so that they can disseminate to interested APs. TheRIMC will assist them in accomplishing the application forms and in securing requireddocuments. A letter of referral shall be given by the DOTr/LGU to endorse the applicationsof the APs. They will also be assisted in preparing business plans or livelihood proposals.
XX. Proposed Livelihood Rehabilitation Measures
456. Based on the available data gathered during FGDs and TNAs, Table VIII -118 describesthe APs proposed livelihood assistance and rehabilitation measures.
2940. Table VIII-118: Summary of Categories of APs, Proposed LivelihoodRehabilitation Measures and Recommended Livelihood Assistance
2941. Category ofAPs/AHs
2942.o.ofAPs
2943. APs 2944. ProposedLivelihoodRehabilitationMeasures fromSES
2945. RecommendedLivelihood AssistanceBased on Consultations(FGDs & TNAs)
2946. Micro-business owners(love bird andgame fowlbreeders)
2947. 2948. APsdirectlyengaged infarmingwithin thePROW
2949. Assistance tore- establishbusiness in alocation with lessimpact on currentbusinessoperations andincome
2950. A lovebird breeder inSan Fernando Cityexpressed desire to re-establish businesses in thenew site but the majorconcern is the availability of aparcel of land for livelihood.
2951.2952. A game fowl breeder in
Angeles City expressedwillingness to be transferredbut he requested businesscapital or a soft loan for hislivelihood.
2953. Micro-business owners(within thePROW)
2954.2
2955. Affectedentrepreneurs withinthe PROW
2956. Businesswithin the currentsector and withinthe samebarangay
2957.2958. Business
capital/funds toset-up newbusiness or re-start the same
2961. 63 affected businessowners expressed theirdesire to re-establish theirbusinesses in the relocationsites.
2962.2963. 33 affected owners
pointed out they intend toset-up a new business.
2964. 2965. 13 business owners
228
2941. Category ofAPs/AHs
2942.o.ofAPs
2943. APs 2944. ProposedLivelihoodRehabilitationMeasures fromSES
2945. RecommendedLivelihood AssistanceBased on Consultations(FGDs & TNAs)
business.2959.2960. Livelihood
skills trainingassistance
have not responded becausethey have not decidedwhether to re-start or to set-up a new business in therelocation sites.
2966.2967. 96 affected owners
would seek business capitalassistance from thegovernment once theytransfer to the new sites withtheir own business space.
2968. Home-basedentrepreneurs
2969.1
2970. Affected home-basedentrepreneurs withintheirresidenceor inimmediateneighborhood
2971.
2972. Businesscapital/funds to re-start the samebusiness or set-upnew business.
2973.2974. Livelihood
skills trainingassistance
2975. 65 APs expressed theirdesire to continue theirbusinesses whether in thecurrent locations or newsites.
2976.2977. 78 APs requested easy
access to soft loans forbusiness capital.
2978.2979. 42 APs expressed theirneed for training assistance onlivelihood skills and financialmanagement.
2980. Entrepreneurs who rent outhouse/room
2981.7
2982. APswho arerenting outroom/house
2983.2984.2985.2986.2987.
2988. Businesswithin the currentsector and withinthe samebarangay
2989.2990. Business
capital/ funds toset-up newbusiness or re-start the samebusiness.
2991.2992. Livelihood
skills trainingassistance
2993. 51 APs expressed theirdesire to continue theirbusinesses once transferredto another place.
2994.2995. 12 APs said they would
look for other businessopportunities upon transfer toother area depending on thelot size that they wouldutilize.
2996.2997. 9 APs requested easy
access to soft loans forbusiness capital.
2998.2999. 7 APs expressed their
need for training assistanceon managerial skills.
3000. Workerslosingemployment fromaffected
3001.9
3002. Affectedemployment from
3003. Continueemployment withcurrent employers
3004.
3006. 15 affected micro-business owners in Malolos,Calumpit, Sto. Tomas and SanFernando City would retain their
229
2941. Category ofAPs/AHs
2942.o.ofAPs
2943. APs 2944. ProposedLivelihoodRehabilitationMeasures fromSES
2945. RecommendedLivelihood AssistanceBased on Consultations(FGDs & TNAs)
householdbusinesses
affectedhouseholdbusiness
3005. Job/employment in thesame city
employees. 3007.3008. 1 affected owner inSan Fernando City mightdownsize the number of hisemployees.3009.3010. 3 affected owners inCalumpit, San Fernando Cityand Angeles City woulddiscontinue hiring newemployees.3011.3012. 3 affected owners in San
Fernando City and AngelesCity are undecided whetherto retain their employees ornot depending on theentitlement that they mayreceive from the government
3013. Householdmembersneedingcommutingallowance due tophysicaldisplacement
3014.92
3015. Householdmemberswho workoutsidetheirresidences andwouldneedtransportationallowances
3016. Continueemployment withcurrent employers
3017.3018. Job/
employment in thesame city
3019. Commuting Allowance3020.3021. Trainings
3022. VulnerableAPs
3023.7
3024.3025.3026.3027.3028.3029.
73030.3031.3032.3033.
73034.
3038. APsliving belowthe povertythreshold
3039.3040. House
holdsheaded bysoloparents
3041.3042. House
holdsheaded bythe elderly
3043.
3045. Continueemployment andbusinessoperations
3046.3047. Job/
employment in thesame city
3048.3049. Job/
employmentwithin the currentsector and withinsame barangay
3050.
3053. 73 APs (22 APs belowpoverty threshold, 35households headed by soloparents, and 16 householdheads with PWDs) expressedtheir desire to continue theirbusinesses once transferred tonew sites.3054.3055. 52 APs desired easyaccess to start-up capital and/orsoft loans for businessoperations.3056.3057. 59 APs requestedfinancial management and skills
230
2941. Category ofAPs/AHs
2942.o.ofAPs
2943. APs 2944. ProposedLivelihoodRehabilitationMeasures fromSES
2945. RecommendedLivelihood AssistanceBased on Consultations(FGDs & TNAs)
3035.3036.3037.
3044. Householdswhosemember isa PWD
3051.3052.
training support.3058.3059. 16 APs sought
assistance to promote andmarket the products andservices of acooperative/people’sorganization that would beformed in the relocation site.
3060.3061. 48 APs expressed
interests in attendingtrainings and seminars inorder to avail of assistancefrom cooperative projects.
3062.3063. 492 APs (190 APsbelow the poverty threshold,251 households headed by soloparents, 51 household headswith PWDs) want to continueworking in current jobs evenduring transition to transfer to asite.3064.3065. 173 APs requested jobreferrals and placementassistance if the affectedbusiness will not continue itsoperations anymore.3066.3067. 74 household headed by
the elderly expressed tocontinue business oncetransferred to relocationsites.
3068.3069. 29 household headed by
the elderly with sari-sari storeand 5 APs with food cateringbusiness mentioned to re-establish business in therelocation sites.
3070.3071. Participation in LRIP(including skill training andother development activities)3072.
3073. Source: DOTr
231
3074. A more detailed description and analysis of the categories of livelihood-affected APs andthe type of livelihood assistance are presented in the succeeding sections.
YY. Type of Livelihood Assistance
3075. Three approaches of the LRIP will be carried out. These are (i) immediate restoration ofcurrent livelihood, (ii) short- to mid-term improvement of livelihood, and (iii) long-termimprovement of livelihood. Figure VIII -29 is an illustration of theses phases.
3076. Figure VIII-29: Phases of LRIP Implementation
3077.
3078. Source: JDT and DOTr
3079. Table VIII -119 presents the summary of the LRIP approach and activities by phase andcategory of APs.
3080. Table VIII-119: Summary of LRIP Approach and Activities by Phase andCategory of APs
3081. Category ofAPs
3082. ImmediateLivelihoodAssistance
3083. Short- to Mid-term LivelihoodAssistance
3084. Long-termLivelihoodRestoration andImprovement
3085. Affectedmicro-businessowners (engagedin farming)
• Assistance inseeking spaces tocontinue livelihoodboth in temporaryand permanentlocations
• Assistance totransportbelonging to newlocations
• Access to softloan
• Enterprisetraining withstarter kits
• Technical anddevelopmentassistance
3086. Affectedmicro-businessowners (withinthe PROW,home-basedenterprise, andwho rent outhouses)
• Assistance inseeking spaces tocontinue livelihoodboth in temporaryand permanentlocations
• Assistance totransportbelonging to newlocations
• Enterprisetraining withstarter kits
• Access to softloans
• Technical anddevelopmentassistance
3087. Workerslosingemployment fromaffectedbusiness
• Job referrals andpriority placementin railway projectworks
• NC II vocationaland enterprisetraining withstarter kits
• Job referrals andplacement inother industries.
232
Fully restored/Improvedlivelihood
3081. Category ofAPs
3082. ImmediateLivelihoodAssistance
3083. Short- to Mid-term LivelihoodAssistance
3084. Long-termLivelihoodRestoration andImprovement
3088. Otherhouseholdmembers whomay opt to lookfor new jobs dueto distance ofrelocation sitefrom worklocation
• Job referrals andpriority placementin railway projectworks
• NC II vocationaland enterprisetraining withstarter kits
• Job referrals andplacement inother industries.
3089. Affectedvulnerablegroups: (i)householdsbelow thepovertythreshold, (ii)householdsheaded by soloparents withdependents, (iii)householdsheaded by theelderly, and (iv)households witha PWD
• Job referrals andpriority placementin railway projectworks
• NC II vocationaland enterprisetraining withstarter kits
• Mainstreamingemploymentinformation andjob referrals.
• People’sorganization/cooperative formation
• Technical anddevelopmentassistance
• Access to soft loans
3090. Source: DOTr
1. Livelihood Assistance for Micro-Business Owners EngagedDirectly in Farming
3091. APs Engaged in Farming (Fowl Breeding). The two APs are directly involved inanimal breeding such as lovebirds and game fowl (fighting cocks) and whose agriculturalactivities are located within the PROW. In San Fernando City, the owner of African lovebirdbreeding business has an aviary area of 12 square meter (3 meters by 4 meters) inside thebackyard. It has a permit from the Department of Environment and Natural Resources (DENR)but need to be renewed right after community quarantine. The owner has 20 pairs of lovebirds.While in Angeles City, the game fowl breeder has an approximately 400-square-meter affectedland area with brooder house for chicks. He expressed willingness to be transferred frompresent to another place. He also requested for business capital or soft loan for his livelihoodonce transferred to another site. Both are not members of the Barangay Agrarian ReformCouncil (BARC).
3092. Assistance in Finding Replacement Sites to Run a Business. The two APs will beassisted to re-establish their businesses and it will commence prior to displacement. As forimmediate livelihood assistance, concerned LGUs will guide them in identifying and securing areplacement farmland temporarily. Once transferred in the new relocation sites, they will begiven a space permanently either inside or adjacent from the relocation sites.
233
3093. The LGUs from San Fernando City and Angeles City, in coordination with the CAO, willidentify available parcels of land for the APs both in temporary and permanent locations.Together with the LGU, the APs may inspect the recommended areas to see its suitability forbusiness. The APs will be assisted in negotiating and securing the identified land/rental spacefor re-establishing their businesses within the city/municipality.
3094. Assistance in Transporting Belongings to a New Location. Since the two APs willre-establish their businesses in the new location, they will be provided transport assistance fortransferring the lovebirds and game fowls including their business equipment and tools. It is alsorecommended that the APs be allowed sufficient time to use their current portion of the affectedland until such time they have found an alternative site to move their livestock.
3095. Assistance in Securing Soft Loans. The two APs will be assisted to access soft loansoffered by partner agencies, DA or the CAO. The initial loan capital for raising animals, or softloan for meat processing provided by the CAO ranges from PhP10,000 to 15,000 per AP. TheDOTr project team and LGUs shall coordinate with these partner agencies on the eligibilityrequirements and required supporting documents so that they can disseminate to interestedAPs. The RIMC will assist them in accomplishing the application forms and in securing requireddocuments. A letter referral shall be given by the DOTr/LGU to indorse the applications of theAPs. The application process could commence prior to displacement so that the APs could takeadvantage of the additional funds when they transfer their affected enterprises/farms. They willalso be assisted in preparing business plans or livelihood proposals.
3096. NC II Vocational and Enterprise Training with Starter Kits for Household Members.Members of the APs’ households could avail of skills and livelihood training programs from theirLGUs. The AHs will be offered available skills training courses by the LGUs, thus enabling themto start other businesses. After their training, PESO will provide them with starter kits (Table VIII-123 for available training programs and courses per LGU).
3097. Technical and Development Assistance. For long-term livelihood restoration, both DAand DTI together with the LGUs concerned will make ways on how the two APs improve theiragricultural businesses. Several technical know-hows on breeding technologies as well asmanagement and marketing could be offered to sustain their source of livelihood.
56. Livelihood Assistance for Affected Business Owners
3098. Affected Micro-business Owners within the PROW Who Are in Home-basedEnterprise and Rent Out Houses. A micro-business is defined as any business that isengaged in the production, processing, or manufacturing of products, including agri-processingas well as trading and services, with a total asset of not more than PhP3 million59. Due to lack ofdata on capitalization, the micro-businesses60 in this section were determined using a substitutedefinition—any enterprise engaged in the production, processing, or manufacturing of products,including agri-processing, as well as trading and services that has 0 to 9 employees.
3099. Based on 102 APs involved in micro-businesses within the PROW, the type of businessand number of affected business owners are shown in Table VIII -120.
3100. Table VIII-120: Type of Business and Number of Affected Business Owners
59 Source: R.A. 9178 Act of 2002.60 Affected small, medium and large business will be validated and finalized based on the definition in R.A. 9501.
234
3101. Type of Business3102. No. of
Owners
3103. Bakery 3104. 1
3105. Billiards 3106. 1
3107. Catering 3108. 1
3109. Commercial space/Unit rental 3110. 3
3111. Curtain-making 3112. 1
3113. Furniture shop 3114. 1
3115. Gardening products 3116. 1
3117. Home-based small-scale industry (computer and repair shops, sari-saristores, figurine-making)
3118. 11
3119. House/room rental 3120. 14
3121. Junk shop 3122. 2
3123. Manufacturing 3124. 5
3125. Personal services (barber shop, laundry shop, pump services, etc.) 3126. 12
3127. Restaurant/fast food/eatery 3128. 13
3129. School for exceptional children 3130. 1
3131. Service contracting 3132. 2
3133. Trading/retailing (vegetables, fruit, and food vending, sari-sari stores,general merchandise)
3134. 32
3135. Wood furniture making 3136. 1
3137. Total 3138. 102
3139. Source: DOTr
3140. Aside from micro-businesses, 291 APs with home-based enterprise will also lose incomeupon displacement. Home-based enterprise refers to enterprise-based livelihood carried outwithin the APs’ residence or neighborhood. These APs will be assisted in finding an alternativearea to continue their business, upon their request to the DOTr.
3141. In addition, 147 APs who rent out houses as for their livelihoods were identified. Sincethey will be relocated, their LGUs together with the DOTr will encourage and assist them to shiftto another type of business and guide them to start their new business upon transferring to newsites.
3142. A total of 540 APs whose micro-businesses are within the PROW, home-basedentrepreneurs, and those entrepreneurs who rent out the house will be greatly affected. Thenumber of affected micro-businesses and classifications are summarized in Table VIII -121.
3143. Table VIII-121: Number of Affected Micro-Business Owners and Classifications3144. LGU 3145. Entrepr
eneurswithinPROW
3146. Home-BasedEntrepreneurs
3147. Entrepreneurs WhoRent OutHouses
3148. Total
3149. Malolos 3150. 2 3151. 15 3152. 3 3153. 203154. Calumpit 3155. 43 3156. 49 3157. 15 3158. 1073159. Apalit 3160. 6 3161. 17 3162. 6 3163. 293164. Minalin 3165. 0 3166. 0 3167. 0 3168. 03169. Sto.
Tomas3170. 2 3171. 4 3172. 0 3173. 6
3174. SanFernando
3175. 17 3176. 126 3177. 86 3178. 229
235
3179. Angeles 3180. 32 3181. 80 3182. 37 3183. 1493184. Total 3185. 102 3186. 291 3187. 147 3188. 540
3189. Source: DOTr
3190. For affected business owners within the PROW, home-based enterprise, and who rentout houses who expressed their desire to re-establish business in the relocation sites, they willbe assisted in seeking temporary space to continue their livelihood. For those who will besetting up a new business in the new site, they will be given the opportunity to introducealternative livelihoods based on their interests, current skills and/or capacities, while taking intoaccount market needs/demands. Their LGUs will be assisting these major activities.
3191. Assistance in Seeking Temporary Space to Continue Livelihood. In all, 453 APswho are involved in the micro-business will require assistance in seeking temporary space tocontinue their livelihood since they are all severely affected. These APs will be assisted infinding a mixed residential/commercial area so they could re-start their livelihood activity. Table VIII -122 presents the number of households losing income due to acquisition anddisplacement.
3192. Table VIII-122: Number of APs Losing Income Due to Acquisition andDisplacement
3193. Loss of Micro-Business
3194. Malolo
s
3195. Calum
pit
3196. Apalit
3197. Minali
n
3198. Sto.
Tomas
3199. San
Fernando
3200. Angeles
3201. Total
3202. Of whom micro-business within PROW
3203. 2 3204. 433205. 63206. 03207. 2 3208. 17 3209. 3
23210. 1
02
3211. Of whom, home-based enterprise
3212. 15
3213. 493214. 1
73215. 03216. 4 3217. 52 3218. 6
73219. 2
04
3220. Of whom, rent out the house/room
3221. 3 3222. 153223. 63224. 03225. 0 3226. 86 3227. 3
73228. 1
47
3229. Total3230. 2
03231. 1
073232. 2
93233. 03234. 6 3235. 15
53236. 1
363237. 4
533238. Source: DOTr
3239. The DOTr will provide these APs transfer assistance and rental subsidy for threemonths, assist with the transportation of their businesses to the new temporary location, andsoon after, to the resettlement site.
3240. Some businesses like residential unit rentals, commercial space rentals, andmanufacturing would require a bigger area in a strategic location. A separate focus groupdiscussion has to be conducted with this group of business owners because such businessesare more complex to restore. APs will be consulted on possible areas within their LGUs, or inadjacent LGUs that have comparable potential for similar business establishments.
3241. Enterprise Training with Starter Kits. The 453 APs will be listed by PESO in order todetermine the business-related skills training program they intend to participate in. Likewise, theproject will provide them a daily transportation allowance until their completion of the trainingprogram. Starting kits will be provided by PESO to participants during the training activity.
236
3242. Each LGU has its set of regular skills training courses, which are conducted annually inthe area. Table VIII -123 lists these training programs that could be availed by the APs. PESOcould link them up with the Technical Education and Skills Development Authority (TESDA) andother concerned training agencies for skills and livelihood training activities.
3243. Table VIII-123: Available Training Programs and Courses Per LGU3244.
3245. LGU 3246. Available Enterprise TrainingProgram
3247. No.ofTraining Days
3248. No.ofTrainingHours
3249. Malolos 3250. Food and Beverage Services NCII 3251. 45days
3252. 356hours
3254. Bread and Pastry Production NCII 3255. 18days
3256. 141hours
3258. Hair Dressing NC II 3259. 82days
3260. 652hours
3262. Beauty Care NC II 3263. 138 days
3264. 1098 hours
3266. Hilot Wellness NC II 3267. 15days
3268. 120hours
3270. Food Processing NCI 3271. 60days
3272. 480hours
3273. Calumpit
3274. Meat/Food Processing 3275. 7days
3276. 56hours
3278. Liquid Soap, Cologne and Perfume-making
3279. 7days
3280. 56hours
3282. Basic Hairdressing and HaircuttingServices
3283. 10days
3284. 80hours
3286. Basic Beauty Care Services 3287. 7days
3288. 56hours
3289. Apalit 3290. Livestock Production 3291. 2days
3292. 16hours
3294. Urban gardening and organicsseminar
3295. 2days
3296. 16hours
3297. Sto.Tomas
3298. Candle, pottery, and soap-making 3299. 2days
3300. 16hours
3302. Cookery NCII 3303. 40days
3304. 316hours
3306. Bread & Pastry NC II 3307. 40days
3308. 316hours
3309. SanFernando
3310. Hairdressing NCII 3311. 82days
3312. 656hours
3314. Massage Therapy NCII 3315. 70days
3316. 560hours
3318. Beauty Care Services NCII 3319. 27days
3320. 216hours
3322. Flower Arrangement 3323. 2days
3324. 16hours
3325. Angeles 3326. Food and Beverage Services NC II 3327. 45days
3328. 356hours
3330. Bartending NC II 3331. 54days
3332. 438hours
237
3245. LGU 3246. Available Enterprise TrainingProgram
3247. No.ofTraining Days
3248. No.ofTrainingHours
3334. Bread and Pastry Production NC II 3335. 18days
3336. 141hours
3338. Cookery NC II 3339. 55days
3340. 436hours
3341. Source: LGUs and TESDA
3342. Access to Soft Loans. APs can apply for loans for livelihood purposes, which rangefrom PhP5,000 to 200,000. The DTI can provide soft loans under the Pondo sa Pagbabago atPag-asenso (P3) or through the LSP depending on the specific need of the affected owners andthe appropriate recommendations from the agency. APs may wish to apply for such loans whenthey already have a workable business plan.
3343. Technical and Development Assistance. Under the long-term livelihood restoration, allaffected entrepreneurs will be assisted with other business-related technical skills training suchas financial management, borrowing money and dealing with banks, or with other creditors, andsustaining the enterprise. Likewise, the DTI, the National Housing Authority (NHA), and theLGUs will provide skills training on financial planning, management, and marketing.3344. Another assistance to consider will focus on registering their businesses. Owners whowill re-establish their businesses and those who will be setting up new businesses will besecuring government permits and other required certifications from LGUs on their businesses.Table VIII -124 shows the government-issued permits and the corresponding fees.
3345. Table VIII-124: Government-issued Permits and their Fees3346. Requirement 3347. Fee (PhP)3348. Barangay Clearance 3349. 5003350. Mayor’s Permit 3351. 2,0003352. DTI Business Name (BN) Registration
Certificate3353. 1,000
3354. Sanitary Permit 3355. 1503356. Fire Safety Inspection 3357. 7003358. BIR Certificate of Registration 3359. 2003360. Garbage Fee 3361. 1,2003362. Other miscellaneous fees 3363. 2503364. Total 3365. 6,0003366. Source: LGUs and DTI
57. Livelihood Assistance for Affected Employees
3367. Employees Losing Employment from Affected Businesses. Of the 102 affectedmicro-businesses, only 40 have at least one worker. The rest have no hired workers. Inreference to supplementary survey through phone interviews conducted last June 2020, of the40 affected owners with employees, only 22 owners provided information on their workers. Atotal of 64 employees (43 males and 21 females) working in 22 affected micro-businesses.Some 41 employees have an average monthly income below PhP10,000. Some 22 employeesare receiving PhP10,000 and above, while one business did not respond to the question on theincome of his worker. The rest did not provide information due to (i) recorded mobile numbers
238
were no longer in use and (ii) owners did not finish the interview because they had reservationsin giving out information.
3368. Table VIII -125 shows a total of 129 employees (82 males and 47 females) working in40 affected micro-businesses. Some 96 employees have an average monthly income belowPhP10,000, while 33 employees are receiving PhP10,000 and above.
3369. Table VIII-125: Number of Employees Receiving Average Monthly Income perLGU
3370. LGU 3371. No. ofMicro-BusinesswithEmployees
3372. No. of EmployeesIdentified
3373. Average Monthly Incomeof Employees
3376.Male
3377. Female
3378.Total
3379. BelowPhP10,000
3380. PhP10,000 andabove
3381.Total
3382. Malolos
3383. 2 3384.4
3385. 1 3386.5
3387. 0 3388. 5 3389.5
3390. Calumpit
3391. 18 3392.32
3393. 25
3394.57
3395. 48 3396. 9 3397.57
3398. Apalit 3399. 0 3400.0
3401. 0 3402.0
3403. 0 3404. 0 3405.0
3406. Minalin 3407. 0 3408.0
3409. 0 3410.0
3411. 0 3412. 0 3413.0
3414. Sto.Tomas
3415. 2 3416.6
3417. 0 3418.6
3419. 1 3420. 5 3421.6
3422. SanFernando
3423. 12 3424.31
3425. 14
3426.45
3427. 32 3428. 13 3429.45
3430. Angeles
3431. 6 3432.9
3433. 7 3434.16
3435. 15 3436. 1 3437.16
3438. Total 3439. 40 3440.82
3441. 47
3442.129
3443. 96 3444. 33 3445.129
3446. Source: DOTr
3447. The affected business owners have various plans at hand in case they transfer to theirnew sites. Such as retaining their employees, may downsize the number of employees, ordiscontinue hiring new employees. Nonetheless, more owners are keeping their workers evenafter transfer to the new sites. With the disruption in operation, the affected businesses ownershave acknowledged that there would be a temporary or permanent loss of income for theemployees. 3448. Thus, income loss compensation for affected employees is equivalent to two months oftheir actual salary for those earning above minimum wage (PhP10,000 and above) and four-month salary for those earning within or below minimum wage (Below PhP10,000).
3449. Job Referrals and Priority Placement in Railway Project Work. It is ideal that PESOto maintain a database of the affected workers for job referral purposes, in case the owners areto reduce workforce, no longer continue their business operations, or the affected workersdecide to look for another job. PESO will provide counselling, guidance and job placement toworkers for the railway project. Other affected workers could apply for the program of theDepartment of Labor and Employment (DOLE) under the Tulong Panghanapbuhay sa AtingDisadvantaged/Displaced Workers (TUPAD) or the so-called Emergency Employment Program.The DOTr and the LGUs will assist APs in applying under the programs.
239
3450. Under the immediate livelihood assistance, APs whose income source is in theinfrastructure sector will be given high priority for job placement. As mentioned in Republic Act(R.A.) 6685, priority for employment in construction should be given first to AHs before hiringfrom the outside. Consequently, the contractors are required to prioritize the hiring of qualifiedAPs in their manpower requirements. Table VIII -126 lists the anticipated jobs that will beavailable in the construction project.
3451. Table VIII-126: Anticipated Project-Related Employment Opportunities3452. Skilled 3453. Semi-skilled 3454. Unskilled
• Electricians• Plumbers• Masons• Carpenters• Equipment Operator (Backhoe, Bulldozer)
• Transit mixer• Scaffolders• Welders• Painters• Steelmen• Tinsmiths• Admin Staff
• Cooks• Traffic controllers/ aides• Security Guards
• Laborers• Janitors/utility men• Messengers• Warehousemen
3455. Source: JDT
3456. The LGUs will provide supporting referrals and endorsements of suitably qualified APsfor project-related work to the contractors. PESO under each LGU will provide guidance on thework application and hiring requirements, including providing assistance to secure certificatesand clearances for pre-employment requirements.
3457. NC II Construction-related Vocational Training with Starter Kits. The APs wanting totake construction-related vocational courses with national certification will be assisted in thisproject through the LGU-TESDA training. APs will be given free training by PESO and TESDA.The project will provide the APs transportation allowance while on training. Table VIII -127 listsseveral vocational training courses to be offered by PESO through TESDA. Construction-relatedskills are in demand in the labor market and are relevant to those who want to be employed inthe project or are in another construction work. Although all APs in the infrastructure sectorexpressed desire to attend the training program, finding a job will still be their priority, ratherthan participating for several days in the training sessions.
3458. Table VIII-127: List of Vocational Training Courses on Construction-RelatedSkills
3459. NC II Skills Training Course3460. No. of
TrainingHours
3461. No. ofTraining Days
3462. Carpentry 3463. 162 hours 3464. 21 days3465. Construction Painting 3466. 176 hours 3467. 23 days3468. Driving 3469. 118 hours 3470. 15 days3471. Electrical Installation and
Maintenance 3472. 196 hours 3473. 25 days
3474. Masonry 3475. 258 hours 3476. 33 days3477. Pipefitting 3478. 202 hours 3479. 26 days3480. Plumbing 3481. 202 hours 3482. 26 days
3483. Shielded Metal Arc Welding 3484. 268 hours 3485. 34 days
3486. Source: TESDA and LGUs
240
3487. PESO will be offering construction and non-construction-related skills training to otherAPs who will be losing employment and will be displaced. Such training is aimed at raising theirawareness on the importance of preserving their resources and reinvesting to restore theirlivelihoods and living standards. This particular training session could be done within thebarangay, or in nearby training centers.
3488. For APs who are interested to work in the construction industry, skills training withTESDA national certification will be offered. Transportation from home to training center will alsobe provided for the entire duration of the training. Self-employment start-up tool kits (carpentry,masonry, electrical and so on) will be provided by TESDA to APs who have completed thetraining program. The available construction-related skills training programs under the LGUs arepresented below.
3489. Table VIII-128: Available Construction-Related Skills Training Programs andCourses under LGUs
3490. LGU 3491. Available Enterprise TrainingProgram
3492. No.ofTrainingDays
3493. No.ofTrainingHours
3494. Malolos 3495. Shielded Metal Arc Welding NC II 3496. 34days
3497. 268hours
3498. Calumpit
3499. Electrical Installation & MaintenanceNC II
3500. 25days
3501. 196hours
3503. Electrical Installation & MaintenanceNC III
3504. 20days
3505. 160hours
3507. Shielded Metal Arc Welding NC I 3508. 34days
3509. 268hours
3511. Shielded Metal Arc Welding NC II 3512. 34days
3513. 268hours
3514. Sto.Tomas
3515. Electrical Installation & MaintenanceNC II
3516. 25days
3517. 196hours
3519. Shielded Metal Arc Welding NC I 3520. 34days
3521. 268hours
3523. Shielded Metal Arc Welding NC II 3524. 34days
3525. 268hours
3526. SanFernando
3527. Electrical Installation & MaintenanceNC II
3528. 25days
3529. 196hours
3531. Shielded Metal Arc Welding NC II 3532. 34days
3533. 268hours
3534. Angeles 3535. Construction Painting NC II 3536. 23days
3537. 178hours
3539. Electrical Installation & MaintenanceNC II
3540. 25days
3541. 196hours
3543. Plumbing NC I 3544. 21days
3545. 168hours
3546. Source: TESDA and LGUs
3547. Job Referrals and Placement to Other Industries. Each PESO will continue tomaintain a database on affected workers for job referral purposes for those who have completedthe training program. PESO will likewise do counselling, guidance, and job placement for themin other industries and establishments. A referral system will be established in the LGUs todirectly serve the APs.
241
58. Livelihood Assistance for Wage-Based APs3548.3549. Wage-based APs Who will Relocate Have No Adverse Impact on Access toCurrent Employment. There are 2,794 APs with wage-based incomes. APs whose primaryincome source is wage-based are mostly engaged in sales, construction, and service industry.The DOTr has assessed the risk of APs losing their employment if they are required to relocateeven if their place of employment is not affected by the project, based on information availableat the time of the preparation of the resettlement action plan (RAP).
3550. Almost all working APs already travel to their place of employment. Only 225 do notcommute (100 who work from home and 125 working overseas). There are 566 APs that travellocally (within same barangay) and the remaining 1,040 APs commute further from otherbarangays within the same municipality or to other municipalities. Among the latter group are171 APs whose employment is not in a fixed location. A summary of the nature of employmentand locations for wage-based APs is presented in Table VIII -129 on wage-based APs bylocation of employment also stated in Chapter 3.
3551. Table VIII-129: Wage-Based APs by Location of Employment3552. Location of
Wage-BasedLivelihood
3553.alolos
3554. Calump
it
3555.palit
3556.inalin
3557. Sto.
Tomas
3558. SanFernand
o
3559. Angeles
3560.otal
3561. Own residence/house
3562.5
3563. 283564. 3565. 3566. 2 3567. 20 3568. 29
3569.00
3570. Within neighborhood or barangay
3571.9
3572. 963573.0
3574. 3575. 15 3576. 269 3577. 143
3578.66
3579. Near barangay3580. 3581. 633582.
33583. 3584. 12 3585. 475 3586. 4
503587.
040
3588. Other city/municipality
3589.5
3590. 134
3591.3
3592. 3593. 14 3594. 331 3595. 181
3596.48
3597. Overseas3598. 3599. 303600. 3601. 3602. 3 3603. 54 3604. 2
83605.
25
3606. No definite area3607. 3608. 303609.
73610. 3611. 13 3612. 68 3613. 3
13614.
71
3615. No response3616. 3617. 13618. 3619. 3620. 3 3621. 34 3622. 53623.
4
3624. Total3625.
23626. 38
23627.
553628. 3629. 62 3630. 1,251 3631. 8
673632.
794
3633. Source: DOTr
3634. The location of the resettlement site will have a significant bearing on how APs access totheir current employment is affected in the long term. The resettlement site will be within thesame municipality. Accordingly, commuting times to places of employment are not expected tovary considerably post-resettlement. During the time between displacement from the projectROW until relocation at the resettlement site, APs will be accommodated in places of theirchoosing utilizing rental assistance provided under the RAP entitlements. Therefore, in the
242
interim period, there would be no negative impacts on these APs’ access to their currentemployment.
3635. Wage-Based APs Who Will Relocate to a Place that Makes it More Expensive toCommute to Their Place of Work. There are 566 APs working within the same neighborhoodor barangay as their current residence. They are located in Malolos (19 APs), Calumpit (96APs), Apalit (20 APs), Minalin (4 APs), Sto. Tomas (15 APs), San Fernando (269 APs), andAngeles (143 APs). Since the relocation sites is within same city where APs from Minalin, Sto.Tomas, San Fernando, and Angeles are currently located, they are not expected to encountersignificant change in commuting time/expenses and are not expected to lose their employmenteither, thus not needing additional measures for livelihood restoration.
3636. Inasmuch as distance from Barangays Longos and Bulihan to Barangay Bangkal,Malolos, it would take 8 to 10 kilometers (km) going back and forth to the relocation site.Moreover, the distance from Calumpit and Apalit to Plaridel Ville, Barangay Sipat, Plaridel,Bulacan is approximately 11 to 16 km. While distance from other affected barangays in SanFernando and Angeles going to Northville 14 Expansion Area, Barangay Calulut, San Fernando,Pampanga, and Angeles Heights Resettlement Project, Barangay Sapa-Libutad, Angeles,Pampanga would take 8 to 15 km. Thus, 19 APs in Malolos, 96 APs in Calumpit, 20 APs inApalit, 12 APs in Angeles and 145 APs in San Fernando might encounter longer times incommuting in most cases. Based on the project`s RAP, the 292 APs will be entitled to acommuting allowance of up to PhP5,000 per household per month for three months only upontransfer to the permanent relocation site.
59. Livelihood Assistance for Vulnerable Affected Persons
3637. Affected Persons Who Are Vulnerable. Out of 1,288 vulnerable APs, 159 of them arepart of the 455 micro-business owners. There are 78 elderly-headed households who are intomicro-business, 29 APs have sari-sari stores, 5 APs operate catering businesses, 36 APs withcooking skills, and 8 APs with food processing skills. While other vulnerable APs such as thosewho live below the poverty line, households headed by solo parents or the elderly, andhouseholds with PWD members are directly engaged in merchandising and service businesses.They expressed their desire to continue their businesses once transferred to new sites.
3638. Majority of wage-based vulnerable APs work in the construction, manufacturing, tourism,transport and service industries. They want to continue working in their current jobs even duringtransition to transfer to another place. They requested job referrals and placement assistance ifthe affected business will not continue its operation.
3639. The vulnerable APs will be assisted in improving their income earning capacity throughvocational and/or enterprise development training. There are also some specialist trainingprograms geared towards the vulnerable categories. Such training programs can be combinedwith starter kits for some types of vocations and job referrals. Depending on theircircumstances, APs may avail of these training pre- or post-resettlement.
3640. Job Matching and Priority Placement in Railway Project Work. Some 566 vulnerableAPs who live below the poverty line, who head households as solo parents (287), and who havePWD family members (67) could be involved in the railway project and will also be given priorityduring hiring. Each PESO will keep records of vulnerable APs who are interested to work in theconstruction activities of the project. These vulnerable APs are the wage-based workers who
243
stand to lose their employment; those who will seek other employment in case the businessoperations of their employers do not resume; and those who are currently unemployed. ThePersons with Disability Affairs Office (PDAO) under each LGU could help to identify, registerand certify those household heads with PWD member in order to speed up its employmentassistance. Based on the PWDs’ skills set, job referrals and placement will be provided to them.For the employable family members, this program will also be offered to them in relation to theconstruction-related employment opportunities.
3641. NC II Vocational and Enterprise Training with Starter Kits for Other Vulnerable APsand Household Members. Aside from construction-related training skills, every PESO undereach LGU will list other vulnerable affected persons, and members of their households so theycould avail of the training program for additional skills and employment readiness. The projectwill provide daily transportation allowance until completion of training and assist the trainees inpassing TESDA’s National Certification II (NC II). As part of the program, all PESOs will providestarter kits once the other 565 vulnerable APs have completed the training course. These starterkits will be in kind, and in the form of supplies or tools.
3642. Table VIII-130: NC II Vocational and Enterprise Training with Starter Kits3643. Category 3644. Skills Training Course 3645. No.
ofTrainingHours
3646. No.ofTrainingDays
3647. Health, socialand other services
Hair Dressing NC II 3648. 656hours
3649. 82days
Massage Therapy NC II 3651. 560hours
3652. 70days
3653. ICT-BPM Animation NC II 3654. 516hours
3655. 65days
Computer Systems ServicingNC II
3657. 280hours
3658. 35days
Customer Services NC II 3660. 156hours
3661. 20days
Visual Graphics Design NC III 3663. 487hours
3664. 61days
3665. Manufacturing Automotive Electrical AssemblyNC II
3666. 143hours
3667. 18days
Automotive Engine RebuildingNC II
3669. 158hours
3670. 20days
Dressmaking NC II 3672. 275hours
3673. 35days
Driving NC II 3675. 118hours
3676. 15days
Electronics Products AssemblyNC II
3678. 260hours
3679. 33days
Footwear-Making NC II 3681. 682hours
3682. 85days
Machining NC II 3684. 337hours
3685. 43days
3686. Processedfood and beverage
Fish Products Packaging NC II 3687. 152hours
3688. 19days
Food Processing NC I 3690. 480hours
3691. 60days
244
3643. Category 3644. Skills Training Course 3645. No.ofTrainingHours
3646. No.ofTrainingDays
3692. Tourism(hotels andrestaurants)
Commercial Cooking NC III 3693. 244hours
3694. 31days
Housekeeping NC II 3696. 436hours
3697. 55days
3698. Source: TESDA
3699. The other vulnerable group such as the 327 elderly-headed households will beintroduced to skills training that will allow the participants to set up new businesses. Under eachLGU, the Office of Senior Citizen Affairs (OSCA) will coordinate with PESO to identify andregister those elderly-headed households who are interested to participate in livelihood training.Everyone who gets involved in the training would be provided with starter kit by PESO.
3700. Mainstreaming Employment Information and Job Referrals to Other Industries.Under each LGU, PESO will maintain a database of all vulnerable APs who have completedskills training for job referral purposes. PESO will provide counselling, guidance and jobplacement for them to other industries and establishments. A referral system will be establishedto serve the vulnerable affected persons and their relatives in order to mainstream the jobplacement for them. PESO will also conduct periodic job fairs and local recruitment activities,and for each category of the vulnerable (for those below the poverty threshold, householdsheaded by solo parents or the elderly, and households with PWD family members) in order toprovide a venue for APs to explore the most of employment opportunities. For easyaccessibility, all these could be conducted right in the barangay, or in their resettlement sites.
3701. Each PESO will encourage private companies and government entities to hire thevulnerable groups as part of their corporate commitment to support disadvantaged individuals.PESO will likewise encourage employers to submit to them a list of job vacancies for thepossible employment of the vulnerable sectors.
3702. People’s Organization/Cooperative Formation and Technical and DevelopmentAssistance. All vulnerable APs who will be relocated to the new sites are encouraged to form apeople’s organization or cooperative. Its main purpose is to provide employment and businessopportunities to its members and manage these in accordance with cooperative principles.Employment and business services to be managed by the cooperative should focus onproviding all vulnerable APs the opportunity for diversifying livelihoods and improving householdincomes. These employment and business services could be based on APs’ interests, currentskills set, and/or capacities, and take into account the current market needs and demands. TheAPs will identify which type of services they need to concentrate on, such as manpower,transportation, production, construction, or a combination of services similar to multi-purposeservices.
3703. Thus, each relocation site will have one organized cooperative or association. The NHAhas identified five relocation sites for the APs. These are located in (i) Barangay Bangkal forMalolos, (ii) Plaridel Ville, Barangay Sipat, Plaridel, Bulacan, (iii) Dr. Emigdio A. Bondoc VilleResettlement Project, Barangay. Sto. Nino, Sto. Tomas, Pampanga, (iv) Northville 14Expansion Area, Barangay Calulut, San Fernando, Pampanga, and (v) Angeles HeightsResettlement Project, Barangay Sapa-Libutad, Angeles, Pampanga.
245
3704. The elderly-headed households, which are enterprise-based will also be given theopportunity to group themselves and decide on their common acquired skills that could beutilized for livelihood restoration purposes. Both the CSWDO/Municipal Social Welfare andDevelopment Office (MSWDO) and the OSCA will assist them in organizing and registeringthemselves as one legitimate organization in their respective resettlement site. Due to thenumber of elderly-headed households, only the LGUs of Calumpit with 87 APs, Apalit with 21APs, San Fernando with 121 APs, and Angeles City with 91 APs could organize as acooperative in each LGU. The rest of LGUs like in Malolos with 5 APs, Minalin with 2 APs, andSto. Tomas with 2 APs, could organize a distinguished self-help group (SHG) per LGU. With thesupport of LGUs, the DTI and NHA, vulnerable APs will be able to carry out their businessoperations in non-traditional, or in the so-called “new normal” livelihood activities such as work-from-home, home-based jobs, e-commerce and others, which will be promoted by theirregistered organization.
3705. Likewise, female-headed households have the privilege to organize themselves forlivelihood restoration purposes. Similar with the livelihood interventions to be provided to othervulnerable APs, concerned government agencies will be supporting the women sector.
3706. The LGUs, NHA, and DTI will work together to assist vulnerable APs in forming apeople’s organization or cooperative for livelihood restoration and improvement interventions.Likewise, these government agencies will assist and capacitate the organized group towardscommunity empowerment and sustainable livelihood development. Modules on inclusivedevelopment and empowerment of vulnerable sector, as well as gender-responsive planningand management will be included in the learning sessions and development program. Theorganized cooperative will access soft loans with the assistance of concerned governmentagencies in the preparation of documents for loan application.
ZZ. Phases of the LRIP Implementation
3707. Three approaches of the LRIP will be carried out. These are (i) immediate restoration ofcurrent livelihood, (ii) short- to mid-term improvement of livelihood, and (iii) long-termimprovement of livelihood. Figure VIII -30 is an illustration of theses phases.
3708. Figure VIII-30: Phases of LRIP Implementation
3709.
3710. Source: JDT.
AAA. Implementation Arrangements
3711. The implementation of this LRIP requires the successful coordination of all the inputs oftechnical specialists who come from concerned national and local government agencies, andwith the DOTr as having overall responsibility for program implementation. The DOTr has theoverall responsibility to implement the LRIP in the RAP. Central to its role is ensuring that the
246
Fully restored/Improvedlivelihood
LGUs take the lead in implementing the LRIP in cooperation with the relevant national andprovincial agencies.
3712. A special body that focuses on the environmental and social concerns within the ProjectManagement Office (PMO) of the Malolos-Clark Railway Project (MCRP) will implement thisLRIP in coordination with the Livelihood Committee. The Livelihood Committee of theResettlement Implementation and Management Committee (RIMC) will be composed ofrepresentatives from the DOTr, local representatives from other NGAs and LGU that have thetechnical expertise, network, resources and programs on enterprise development, farmimprovement, local and international employment as well as provision for skills training andlivelihood packages.
3713. The responsibility in making available the required additional resources and support toenhance other agencies and LGU’s capacities to carry out the LRIP in its respective area will beshouldered by the DOTr. Monitoring and evaluation of the program’s implementation will also beamong the DOTr’s core responsibilities. This is to ensure that all partners adhere to their agreedcommitments. The roles and responsibilities of the various agencies involved in the LRIPimplementation are summarized in Table VIII -131.
3714. Table VIII-131: Summary of Roles and Responsibilities of Concerned Agencies3715. A
gency
3716. Responsibility
3717. DOTr
• Establish a master list of eligible APs for LRIP• Ensure sufficient and timely budget for LRIP implementation• Organize and conduct a LRIP introductory workshop and subsequent
consultation meetings• Arrange the participation of service providers in consultations and trainings• Carry out more detailed consultations with APs in order to: present specific
livelihood restoration and improvement programs; explain the procedures for availing of support; and agree on final packages of livelihood support as guided by the hierarchy of preference, and informed by relocation site conditions
• Monitor program implementation and AP participation• Coordinate participation of government agencies in the provision of training
services, including through formal agreements as required• Procure service providers for specialized courses• Coordinate with the contractor and LGUs• Issue certification to APs that they are eligible project-affected LRIP
beneficiaries• Share list of APs with LGUs, TESDA, and DOLE for verification of training
participants entitled to (i) training allowance and (ii) income loss compensation (at the duration of training)
• Endorse list of qualified and skilled APs to contractors for priority in hiring• Monitor the LRIP implementation and track participation of APs• Monitor income restoration and improvement programs with special focus on
income levels and socioeconomic indicators, responsiveness of displaced persons to new economic opportunities, the number of displaced persons undertaking each activity, the success of each type of endeavor, and the problems encountered.
• Review effectiveness of the LRIP program and modify the program as needed to meet its stated objectives
• Coordinate with the private companies and LGUs• All other necessary activities to implement the LRIP
3718. LGUs
• Assist in finding alternative site to continue a business• Maintain list of eligible APs interested in job referrals and vocational/enterprise
training
247
3715. Agenc
y3716. Responsibility
• Provide focal point to coordinate livelihood assistance• Together with the DOTr, engage service provider agencies to locally deliver
training courses based on APs’ needs and demand• Inform APs about training and job opportunities• Carry out skills/job matching• Provide basic services
3719. DOLE
• Provide a community-based package of assistance that provides emergency employment for displaced workers through the TUPAD program
• Monitor the implementation of the TUPAD program3720. C
ontractor
• Provide the list of jobs and required skills to the DOTr and LGUs• Hire local residents as required by law
3721. TESDA
• Provide trainers per request from PESO and national certificates to APs who have completed the program
• Report to PESO on the participation of APs in training3722. D
TI• Provide livelihood programs and services through its Pondo sa Pagbabago at
Pag-asenso (P3) Program and/or the LSP to APs in relocation sites• Monitor the implementation of livelihood assistance in relocation sites
3723. NHA
• Provide a focal point responsible for APs on livelihood restoration• Monitor livelihood restoration and employment of APs• Coordinate with LGUs on livelihood programs (job matching, training, etc.)• Assist eligible APs in socialized housings to re-establish enterprises at the
resettlement site or vicinity in viable locations3724. Source: JDT and DOTr
BBB. LRIP Budget Estimate
3725. The estimate of LRIP participants for affected LGUs is based on those whose primarylivelihoods were reported by APs as being conducted either at or within the immediate vicinity ofdisplacement. This includes APs whose livelihoods are conducted in the affected areas,employees expected to be displaced, and even vulnerable APs. 3726. The estimated LRIP budget is PhP84,906,228. This consists of funds for vocationaltraining (or similar) and livelihood package. In the event that the budget for training will not besufficient to accommodate all eligible APs, the DOTr will provide necessary budget for such.Table VIII -132 presents the estimated LRIP budget.
3727. Table VIII-132: Estimated LRIP Budget3728. Activity 3729. No.
ofEstima
tedParticipant
3730. UnitCost
3731. (PhP)
3732. Frequen
cy
3733. Total (PhP)
3734. For Micro-Business Owners Engaged in Farming
3735. Enterprise/livelihood trainingwith starter kits
3736. 2 3737. 15,000
3738. 1trainin
g
3739. 30,000
3740. Transportation allowance during enterprise/livelihood
3741. 2 3742. 100
3743. 35days
3744. 7,000
248
3728. Activity 3729. No.of
Estimated
Participant
3730. UnitCost
3731. (PhP)
3732. Frequen
cy
3733. Total (PhP)
training3745. Physical transfer of a
temporary accommodation with business space
3746. 2 3747. 2,10
0
3748. 1day
3749. 4,200
3750. Rental subsidy for livelihoodspace prior to transfer to the relocation site
3751. 2 3752. 5,00
0
3753. 3month
s
3754. 30,000
3755. Transactional cost for re-establishing a business of APs engaging in fowl breeding
3756. 2 3757. 6,00
0
3758. 1time
3759. 12,000
3760. Sub-total (a) 3761. 83,2003762. For Micro-business Owners Within the PROW
3763. Enterprise/livelihood trainingwith starter kits
3764. 102
3765. 15,000
3766. 1trainin
g
3767. 1,530,000
3768. Transportation allowance during enterprise/livelihood training
3769. 102
3770. 100
3771. 35days
3772. 357,000
3773. Physical transfer of a temporary accommodation with business space
3774. 102
3775. 2,10
0
3776. 1day
3777. 214,200
3778. Rental subsidy for livelihoodspace prior to transfer to the relocation site
3779. 102
3780. 5,00
0
3781. 3month
s
3782. 1,530,000
3783. Transactional cost for re-establishing a business or setting up an alternative business of entrepreneurs withinthe PROW
3784. 102
3785. 6,00
0
3786. 1time
3787. 612,000
3788. Sub-total (b) 3789. 4,243,2003790. For Home-based Entrepreneurs
3791. Enterprise/livelihood trainingwith starter kits
3792. 291
3793. 15,000
3794. 1trainin
g
3795. 4,365,000
3796. Transportation allowance during enterprise/livelihood training
3797. 291
3798. 100
3799. 35days
3800. 1,018,500
3801. Physical transfer of a temporary accommodation with business space
3802. 291
3803. 2,10
0
3804. 1day
3805. 611,000
3806. Rental subsidy for livelihoodspace prior to transfer to the relocation site
3807. 291
3808. 5,00
0
3809. 3month
s
3810. 4,365,000
3811. Transactional cost for re-establishing a business or setting up an alternative business for home-based
3812. 291
3813. 6,00
0
3814. 1time
3815. 1,746,000
249
3728. Activity 3729. No.of
Estimated
Participant
3730. UnitCost
3731. (PhP)
3732. Frequen
cy
3733. Total (PhP)
entrepreneurs3816. Sub-total (c) 3817. 12,105,500
3818. For Entrepreneurs Who Rent Out Houses or Rooms 3819. Alternative
enterprise/livelihood training with starter kits
3820. 147
3821. 15,000
3822. 1trainin
g
3823. 2,205,000
3824. Transportation allowance during enterprise/livelihood training
3825. 147
3826. 100
3827. 35days
3828. 514,500
3829. Physical transfer of a temporary accommodation with business space
3830. 147
3831. 2,10
0
3832. 1day
3833. 308,700
3834. Rental subsidy for an alternative livelihood space priorto transfer to the relocation site
3835. 147
3836. 5,00
0
3837. 3month
s
3838. 2,205,000
3839. Transactional cost for setting up an alternative business for entrepreneurs who rent out houses
3840. 147
3841. 6,00
0
3842. 1time
3843. 882,000
3844. Sub-total (d) 3845. 6,115,2003846. For Employees to Lose Employment
3847. NC II vocational training with starter kits
3848. 90 3849. 15,000
3850. 1trainin
g
3851. 1,350,000
3852. Transportation allowance during vocational skills training
3853. 90 3854. 100
3855. 44days
3856. 396,000
3857. Cost of pre-employment required documentation
3858. 90 3859. 2,00
0
3860. 1time
3861. 180,000
3862. Enterprise/livelihood trainingwith starter kits
3863. 39 3864. 15,000
3865. 1trainin
g
3866. 585,000
3867. Transportation allowance during enterprise/livelihood training
3868. 39 3869. 100
3870. 35days
3871. 136,500
3872. Transactional cost for setting up a new business for affected employees who are intoenterprise
3873. 39 3874. 6,00
0
3875. 1time
3876. 234,000
3877. Sub-total (e) 3878. 2,881,5003879. For Vulnerable APs
(i) Below Poverty Threshold
3880. Enterprise/livelihood trainingwith starter kits
3881. 61 3882. 15,000
3883. 1trainin
g3884. 915,000
3885. Transportation allowance during enterprise/livelihood
3886. 61 3887. 100
3888. 35days
3889. 213,500
250
3728. Activity 3729. No.of
Estimated
Participant
3730. UnitCost
3731. (PhP)
3732. Frequen
cy
3733. Total (PhP)
training3890. Physical transfer of a
temporary accommodation with business space
3891. 61 3892. 2,10
0
3893. 1day 3894. 128,100
3895. Rental subsidy for livelihoodspace prior to transfer to the relocation site
3896. 61 3897. 5,00
0
3898. 3month
s3899. 915,000
3900. Transactional cost for re-establishing a business or setting up an alternative business for enterprise-based APs who are below the poverty threshold
3901. 61 3902. 6,00
0
3903. 1time
3904. 366,000
3905. NC II vocational training with starter kits
3906. 546
3907. 15,000
3908. 1trainin
g3909. 8,190,000
3910. Transportation allowance during vocational skills training
3911. 546
3912. 100
3913. 44days
3914. 2,402,400
3915. Cost of pre-employment required documentation
3916. 546
3917. 2,00
0
3918. 1time 3919. 1,092,000
3920. Sub-total (f) 3921. 14,222,000(ii) Households Headed by Solo Parents
3922. Enterprise/livelihood trainingwith starter kits
3923. 36 3924. 15,000
3925. 1trainin
g
3926. 540,000
3927. Transportation allowance during enterprise/livelihood training
3928. 36 3929. 100
3930. 35days
3931. 126,000
3932. Physical transfer of a temporary accommodation with business space
3933. 36 3934. 2,10
0
3935. 1day
3936. 75,600
3937. Rental subsidy for livelihoodspace prior to transfer to the relocation site
3938. 36 3939. 5,00
0
3940. 3month
s
3941. 540,000
3942. Transactional cost for re-establishing a business or setting up an alternative business for enterprise-based households headed by solo parents
3943. 36 3944. 6,00
0
3945. 1time
3946. 216,000
3947. NC II vocational training with starter kits
3948. 251
3949. 15,000
3950. 1trainin
g
3951. 3,765,000
3952. Transportation allowance during vocational skills training
3953. 251
3954. 100
3955. 44days
3956. 1,104,400
3957. Cost of pre-employment required documentation
3958. 251
3959. 2,00
3960. 1time
3961. 502,000
251
3728. Activity 3729. No.of
Estimated
Participant
3730. UnitCost
3731. (PhP)
3732. Frequen
cy
3733. Total (PhP)
03962. Sub-total (g) 3963. 6,869,000
(iii) Households Headed by the Elderly
3964. Enterprise/livelihood trainingwith starter kits
3965. 327
3966. 15,000
3967. 1trainin
g
3968. 4,905,000
3969. Transportation allowance during enterprise/livelihood training
3970. 327
3971. 100
3972. 35days
3973. 1,144,500
3974. Physical transfer of a temporary accommodation with business space
3975. 327
3976. 2,10
0
3977. 1day
3978. 686,700
3979. Rental subsidy for livelihoodspace prior to transfer to the relocation site
3980. 327
3981. 5,00
0
3982. 3month
s
3983. 4,905,000
3984. Transactional cost for establishing a cooperative or people’s organization per relocation site
3985. 5 3986. 5,00
0
3987. 1time
3988. 25,000
3989. Sub-total (h) 3990. 11,666,200(iv) Households Whose Member is the PWD (No. of participants based on
FGDs/Consultations/Interviews)
3991. Enterprise/livelihood trainingwith starter kits
3992. 16 3993. 15,000
3994. 1trainin
g
3995. 240,000
3996. Transportation allowance during enterprise/livelihood training
3997. 16 3998. 100
3999. 35days
4000. 56,000
4001. Physical transfer of a temporary accommodation with business space
4002. 16 4003. 2,10
0
4004. 1day
4005. 33,600
4006. Rental subsidy for livelihoodspace prior to transfer to the relocation site
4007. 16 4008. 5,00
0
4009. 3month
s
4010. 240,000
4011. Transactional cost for re-establishing a business or setting up an alternative business for enterprise-based AHs with a PWD
4012. 16 4013. 6,00
0
4014. 1time
4015. 9,600
4016. NC II vocational training with starter kits
4017. 51 4018. 15,000
4019. 1trainin
g
4020. 765,000
4021. Transportation allowance during vocational skills training
4022. 51 4023. 100
4024. 44days
4025. 224,400
4026. Cost of pre-employment required documentation
4027. 51 4028. 2,00
0
4029. 1time
4030. 102,000
4031. Sub-total (i) 4032. 1,670,600
252
3728. Activity 3729. No.of
Estimated
Participant
3730. UnitCost
3731. (PhP)
3732. Frequen
cy
3733. Total (PhP)
4033. For Wage-Based APs4034. Commuting allowance for
wage-based APs in Malolos (19), Calumpit (96), Apalit (20), San Fernando (145), and Angeles (12)
4035. 292
4036. 5,00
0
4037. 3month
s
4038. 4,380,000
4039. Sub-total (j) 4040. 4,380,0004041. Sum (k=a+b+c+d+e+f+g+h+i+j) 4042. 64,322,900
4043. Contingency (l=kx20%) 4044. 12,864,5804045. Total Direct Costs (m=k+l) 4046. 77,187,480
4047. LGU Management Fee (n=direct costs (m)x10%) 4048. 7,718,7484049. Grand Total Estimated LRIP Budget (m+n) 4050. 84,906,228
4051. Source: DOTr
CCC. Additional Risks During COVID-19 and Mitigating Measures
4052.4053. COVID-19 pandemic has caused dramatic changes in the social and economicenvironment of the country. The prime cities in the project area have strategic and economicimportance coupled with the dense population and a considerable number of transient workershave all contributed to the increase in the number of Covid cases in the region. Hence,additional risks related to the project are observed and consequent mitigating measures areconsidered:4054.
4055. a. Meaningful consultations with AHs/APs and field visits are limited because ofmobility/travel and direct contact (face to face or one on one discussion) with peopleare restricted. Blended methods of consultations are resorted to such as the use oftelephone and mobile gadgets to reach out to the AHs/APs. The use of the HelpDesk in every LGU as well as call center type help desk in the DOTr Office has alsobeen utilized.
4056. b. Loss of jobs because many businesses have closed across the country hascaused undue stress and financial burden to poor families. However, employmentopportunities are expected to be opened up as soon as projectimplementation/construction will commence. This will boost local employment sincequalified AHs shall have priority in job placement in the private/constructioncompanies contracted by DOTr. The latter shall strictly monitor application/implementation of RA 6685 (An Act Requiring Private Contractors to WhomNational, Provincial, City and Municipal Public Works Projects have been Awardedunder Contract to Hire at Least Fifty Percent of the Unskilled and at Least ThirtyPercent of the Skilled Labor Requirements to be Taken from the Available BonaFide Residents in the Province, City or Municipality in which the Projects are to beUndertaken).
253
4057. c. For AHs opting for assisted relocation, NHA shall implement its general policy onthe moratorium of monthly amortization payments for one year. Payments shall starton the first year of settlement in the relocation site. This will ease the financialburden of the AHs and provide them the opportunity to stabilize their stay in the saidrelocation sites.
4058. d. DOTr shall conduct supplementary surveys and FGDs (taking into considerationthe health and safety protocols) prior to project implementation stage to assesssocio- economic conditions of the AHs and identify available livelihood opportunitiesfor them.
4059.
254
IX. CHAPTER 9: GRIEVANCE REDRESS MECHANISM
4060. The grievance redress mechanism (GRM) is a platform for the Department ofTransportation (DOTr) to engage constructively and productively with affected communities andstakeholder groups. The GRM will address concerns pertaining to the project and its impacts onaffected people, the environment, and communities.
A. Scope and Objective of the Grievance Redress Mechanism
4061. For this resettlement action plan (RAP), grievances refer to any concerns, issues, orconflicts resulting from involuntary resettlement or the RAP implementation. They may includeissues on the compensation for various types of affected persons (APs), application of eligibilitycriteria for compensation and entitlements, relocation of non-landowner APs, reduced income,or quality of services at a relocation site.
4062. The GRM has the following objectives:
(i) To receive concerns and grievances of APs regarding physical and economicdisplacement and other project impacts and facilitate their resolution withparticular attention to impacts on vulnerable groups;
(ccxi) To resolve their concerns and grievances which cannot be settled throughcollective platforms such as stakeholder consultations due to the complexity ofthe concerns or grievances and/or the absence of a platform at the time whenthe cause for grievances occurs; and
(ccxii) To address their concerns and complaints promptly, using anunderstandable and transparent process that is gender-responsive, culturallyappropriate, and readily accessible to the country’s judicial or administrativeremedies commensurate to risks and adverse impacts of the project.
DDD. Principles Guiding the Grievance Redress Mechanism
4063. The implementation of the GRM is anchored on the following principles:
(i) To keep complainants’ details confidential;
(ccxiii) To explain about the relevant procedure and present cases in anunderstandable language for APs;
(ccxiv) To provide a transparent, gender-responsive, and culturally appropriategrievance procedure;
(ccxv) To enable the GRM to be readily accessible to APs at no cost and withoutretribution; and
(ccxvi) To resolve grievances expeditiously at all times at the lowest levelpossible.
4064. APs were informed about the GRM during stakeholder consultation meetings (SCMs).The DOTr has set up and been operating the central hotline and the local help desk in eachaffected local government unit (LGU) to address concerns of APs. The design, scope, andfunction of the GRM will be reviewed periodically to ensure that it is fit for the purpose as theproject transitions from one phase to the next.
255
EEE. DOTr's GRM Team
4065. The DOTr has appointed dedicated grievance redress (GR) officers for the projectwhose tasks and responsibilities are focused entirely on the GRM implementation. GR officersare assigned to either the Local GRM Team at the local help desk of each LGU or the CentralGRM Team at the Project Management Office (PMO) of the Malolos Clark Railway Project(MCRP) in the DOTr's Office of the Undersecretary for Railways. The following sectiondescribes the composition and roles and responsibilities of the Local and Central GRM Teams.
1. Local GRM Team
4066. The respective Local GRM Team in Malolos City, Municipality of Calumpit, Municipalityof Apalit, Municipality of Minalin, Municipality of Santo Tomas, City of San Fernando, and City ofAngeles will be composed of three trained GR officers, i.e., one dedicated DOTr staff of theMCRP PMO and two LGU representatives. As of May 2020, two LGU representatives peraffected LGU have been assigned to the Local GRM Team and assumed their responsibilities,and one DOTr representative will be assigned to the team at each of the seven affected LGUsabove. The GR officers serve as the first contact point for APs and help address grievancesraised from their assigned LGU.
a. Roles and Responsibilities
(i) To receive, monitor, and track grievance cases across all levels raised fromtheir assigned LGU, so that the grievances are addressed in a timely manner;
(ccxvii) If some cases are beyond the Local GRM Team’s capacity to deal with,endorse them to a technical person or committee with an authority to decide anecessary action for the cases;
(ccxviii) To log all grievances raised from the LGU concerned in the GRMdatabase and monitor the cases throughout the process until they are closed.
(ccxix) To provide updates using communication tools preferred by APs on thestatus and resolution of grievances in a timely manner; and
(ccxx) To provide information and support to APs on project-related resettlementand land acquisition activities including assistance for APs in completingrequired documents and provision of other required support.
j. Staff Composition
4067. The Local GRM Team consists of one DOTr representative and two LGUrepresentatives:
(i) DOTr's local GR officer who is responsible for answering inquiries, explainingabout project-related issues, and tracking and keeping records of submitted andrequired documents.
(ccxxi) LGU representatives who are responsible for answering inquiries andexplaining about project-related issues. They assist APs in securing LGU-relateddocuments and accessing data from LGU offices when needed. Also, they takenote of urgent issues and concerns that may arise during the absence of theDOTr's local GR officer and report them immediately to the DOTr's central GRofficers to share the information and take appropriate actions.
256
60. Central GRM Team
4068. The Central GRM Team copes with grievances channeled through the DOTr's centraloffice by means of the central hotline, i.e., phone call, email, short message service (SMS), andletter) and is responsible for the receipt, acknowledgement, and registry of such grievances aswell as the assessment of eligibility as APs. The central hotline was established in November2018 and has been fully operated since then.
a. Roles and Responsibilities
(i) To conduct overall monitoring and tracking of grievance cases across all levelsdealt by the Local and Central GRM Teams, so that the grievances areaddressed properly and promptly;
(ccxxii) To respond to all grievances received via central hotline;
(ccxxiii) To log in, manage, and maintain the GRM database for all grievancesand the corresponding actions and decisions;
(ccxxiv) To act as a central database manager;
(ccxxv) To provide updates via communication tools preferred by APs on thestatus and resolution of grievances in a timely manner (for the cases which donot fall within the responsibility of the Local GRM Team);
(ccxxvi) To provide information and support to APs on project-related grievances,particularly issues on land acquisition, resettlement, and the livelihood restorationimprovement and program (LRIP);
(ccxxvii) To prepare inputs for quarterly monitoring reports submitted to the AsianDevelopment Bank (ADB) and the Japan International Cooperation Agency(JICA) regarding the status of grievances;
(ccxxviii) To conduct capacity-building training for local GR officers to improverelevant skills and knowledge and familiarize themselves with tools, equipment,and other resources needed to implement the GRM;
(ccxxix) To provide inputs as requested for internal and external monitoringactivities; and
(ccxxx) To maintain and update the GRM manual regularly to improve GRMoperation.
k. Staff Composition
4069. The team will be composed of 13 members, i.e., (i) the MCRP PMO's GRM manager, (ii)three central GR officers assigned to the Central GRM Team, and (iii) nine central GR officersas DOTr representatives assigned to the respective local help desk in the eight LGUs affectedby the MCRP, including the local help desk in Mabalacat City and two barangay-level local helpdesks in the Municipality of Apalit. As of May 2020, the Central GRM Team consists of oneGRM manager, four central GR officers, and three backup officers from other divisions of theMCRP PMO.
(i) DOTr's GRM manager is responsible for managing the DOTr`s GRM Teamand ensuring that the team functions efficiently.
257
(ccxxxi) DOTr's central GR officers are responsible for the following:
To promote all GRM operation, track and keep records of submitted and required/outstanding documents, and conduct monitoring and evaluation (M&E) for the GRM;
To answer and explain about RAP-related issues, including entitlements and legal procedure, e.g., extra judicial settlement (EJS) cases, mortgaged properties, and land registration;
To answer and explain about issues pertaining to the engineering design, the project right-of-way (PROW), alignment, affected properties, severity of impacts on properties, and all engineering-related concerns; and
To answering and explaining about issues pertaining to health, safety, andenvironment.
FFF. Levels of the Grievance Redress Mechanism
4070. There are three levels of the GRM for handling grievances of APs. The Local andCentral GRM Teams serve as the first contact point for APs in case that grievances aresubmitted through the local help desk or the central hotline. Apart from the three levels of theGRM, APs may seek redress through the court system at any stage of the GRM. Table IX -133summarizes the three levels of the GRM.
4071. Table IX-133: Levels of the Grievance Redress Mechanism4072. Leve
l4073. Institution
4074. 1st Level
4075. Local help desk (Local GRM Team)/central hotline (Central GRM Team)
4076. 2nd Level
4077. RAP Implementation and Management Committee (RIMC)/Local Inter-agency Committee (LIAC) or Local Housing Board (LHB)
4078. 3rd Level
4079. Project Inter-agency Committee (PIAC)
4080. APs may seek redress through the court system at any time.4081. Source: JDT and DOTr
1. Level 1–Local Help Desk or Central Help Desk
4082. The local help desk, the physical office, is the first contact point and a venue that enableAPs to raise their issues, concerns, and questions pertaining to the project. It is currentlylocated at each LGU office, is staffed with two local GR officers, and is operated twice a month.In the end, it is planned that one central GR officer will be assigned to the respective local helpdesk to work with the two local GR officers currently on duty and that the local help desk will beoperated once a week. Depending on demands, however, the local help desk will be operatedmore frequently, especially during the issuance of the notice of taking (NoT) and relocation. Ondays when the local help desk is not operated, APs may raise their grievances via the centralhotline of the MCRP PMO.
4083. In addition to the local help desk, APs can also reach the DOTr through its centralhotline. Central GR officers answer phone calls, texts, or SMS from 8:00 a.m. to 5:00 p.m. fromMonday to Friday. Also, they receive grievances and inquiries via email or letter.
258
4084. When receiving grievances, local or central GR officers will determine (i) if thecomplaints are project-related or not, (ii) if the complainants are APs, and (iii) if the nature of theissues is environmental or social. As a basic GRM policy, grievances will be resolvedexpeditiously at the lowest level possible. However, the issues or concerns will be elevated tothe next level (i) if they are not settled at the lowest level, (ii) if the complainants are not satisfiedwith the action taken, or (iii) if the cases are not acted upon within 15 days upon receipt of thegrievances.
4085. The work flow of the Local and Central GRM Teams respectively through the local helpdesk and central hotline is described as below:
(i) To receive written or verbal complaints via SMS, email, letter, and phone callfrom APs;
(ccxxxii) To record grievances on the grievance action form (GAF) and provideAPs with a control number. The control number enables local or central GRofficers to track complaints from the central database and explain about therelevant information or process to APs including the persons in charge forcomplaints;
(ccxxxiii) To clarify whether the nature of the complaints is project-related or not. Ifthe complaints are not project-related, the Local/Central GRM Teams willforward the complaints to an appropriate agency or LGU which can act on thecomplaints. If the concerns are beyond the local help desk's capacity forresolution, it will forward the cases to the second level of the GRM;
(ccxxxiv) To research project-related issues and promptly provide APs withanswers, clarifications, or solutions (if the concerns need further actions orsolutions);
(ccxxxv) To monitor and follow up on the actions taken including site visits ifapplicable and/or needed;
(ccxxxvi) To forward unresolved grievances from APs to the higher levels of theGRM;
(ccxxxvii) To receive the resolution made by the higher levels of the GRM;
(ccxxxviii) To inform APs on the resolution made by the higher levels of the GRM;and then
(ccxxxix) To close the cases when the actions or resolutions to address thecomplaints are taken.
61. Level 2–RAP Implementation and Management Committee, LocalInter-Agency Committee or Local Housing Board
4086. The Local GRM Team forwards grievances of legal APs which are unresolved at the firstlevel to the RAP Implementation and Management Committee (RIMC), while the team elevatespending grievances of informal settler families (ISFs) or non-landowner households to the LocalInter-agency Committee (LIAC) or the Local Housing Board (LHB).
4087. Accordingly, the team informs APs that the cases were referred to the RIMC andprovides details on the designated focal point including a name, contact number, and officeaddress and advises APs that they have an option to engage the RIMC for the decide-together
259
option. Under the option, the RIMC and aggrieved stakeholders share a decision-makingauthority and jointly undertake problem solving.
a. RAP Implementation and Management Committee
4088. The RIMC accepts concerns from legal APs. As of May 2020, the memorandum ofagreement (MOA) for the RIMC creation has been prepared, and the relevant endorsementletter will be transmitted to each LGU in July 2020 upon the finalization of the MOA.
4089. As the second level of the GRM, the RIMC assumes the following roles andresponsibilities:
(i) To address the unresolved grievances of legal APs forwarded by the LocalGRM Team;
(ccxl) To decide on a course of action for each complaint within 15 working daysonce complaints are filed by the Local GRM Team; or
(ccxli) If APs opt for the decide-together option, the RIMC together with APs willdecide on a course of action for each complaint within 20 working days oncecomplaints are received. The option entails conducting a dialogue, jointbrainstorming, joint investigation, or other appropriate approaches to enablethe engagement of the responsible committee and APs, which is followed byjoint development of resolutions and actions together with APs; and
(ccxlii) To forward recommended actions or solutions to the Local GRM Team
l. Local Inter-Agency Committee or Local Housing Board
4090. If unresolved grievances are related to relocation of ISFs or non-landowner households,the cases will be endorsed to LIAC or the Local Housing Office (LHO) for resolution. If there isno LHO in place, LIAC will be created or reconvened at all local levels where relocation will takeplace. LIAC will be headed by the city or municipal mayor of each LGU and consist ofrepresentatives of each LGU, affected barangays and APs.
4091. As the second level of the GRM, LIAC or the LHO assumes the following roles andresponsibilities:
(i) To address the unresolved grievances of ISFs or non-landowner householdsforwarded by the Local GRM Team;
(ccxliii) To decide on a course of action for each complaint within 15 workingdays once complaints are filed by the Local GRM Team; and
(ccxliv) To forward recommended actions or solutions to the Local GRM Team
62. Level 3–Project Inter-Agency Committee
4092. If APs or complainants are not satisfied with the decision by the RIMC, LIAC or the LHO,they may appeal to the Project Inter-agency Committee (PIAC), the third level of the GRM forAPs. As of May 2020, a joint memorandum circular series of 2019 for the PIAC creation hasbeen prepared for signatures of involved agencies for this project, and the Department ofHuman Settlements and Urban Development (DHSUD) has been coordinating with othernational government agencies (NGAs) to finalize the circular, as presented in the appendices of
260
this RAP. Even though the circular has yet to be signed, PIAC was de facto established on 12December 2018, and PIAC meetings have since been held three times.
4093. In terms of grievance redress, PIAC will implement the following:
(i) To receive the endorsement from the Local GRM Team and register cases as“undergoing final review and response” on the central database;
(ccxlv) To decide on a course of action for each complaint within 15 workingdays upon filing to PIAC by the second level of the GRM and thencommunicate and endorse the resolution to the Local GRM Team, which thendelivers the decision to complainants; and
(ccxlvi) The PIAC decision will be officially communicated in writing to APs by theLocal GRM Team in one day from the issuance date of the decision
63. Court of Law
4094. APs may also seek redress through the court system at any stage as the law permits. IfPIAC decisions are not satisfactory, the cases can be taken to an appropriate court of theRepublic of the Philippines for adjudication. The court is not a part of the project`s GRM and itsdecision will be final.
64. Other Grievance Procedures
a. ADB’s Accountability Mechanism
4095. Once all kinds of available measures given by the project`s GRM are exhausted, ADB’saccountability mechanism is also applied to the project. While the implementation of theproject`s GRM is the responsibility of the implementing agency (IA), the accountabilitymechanism is the responsibility of ADB. The mechanism provides opportunities for two or morecomplainants who are adversely affected by ADB-financed projects to express their grievances,seek solutions, and report alleged violations against ADB’s operational policies and proceduresincluding its safeguard policies. In detail, it consists of (i) consultations led by ADB’s specialproject facilitator to assist people adversely affected by ADB-assisted projects in findingsolutions for their concerns and (ii) the process through which those affected by projects can filea request for compliance review of ADB’s Compliance Review Panel. The details of themechanism can be found via the following link: https://www.adb.org/documents/accountability-mechanism-policy-2012.
m. JICA’s Objection Procedures
4096. Alternatively, two or more people who suffer or are likely to suffer from substantialdamages as a result of JICA’s non-compliance with its Guidelines for Environmental and SocialConsiderations regarding the project may submit an objection directly to JICA, requestinginvestigation. The details of JICA’s objection procedures based on the Guidelines can be foundvia the following link: https://www.jica.go.jp/english/our_work/social_environmental/objection/index.html.
261
GGG. Grievance Redress Mechanism Procedure
4097. Grievances of APs pertaining to the RAP implementation or other project-related issueswill be handled free of monetary charge through a process of negotiations aimed at reaching aconsensus. The GRM procedure is described in Table IX -134.
262
4098. Table IX-134: Grievance Redress Mechanism Procedure4099.No.
4100. Actor
4101. Action Taken
4102.1
4103. Aggrieved stakeholder
Any aggrieved stakeholders lodge their grievances in person to the local help desk or in writing, verbally, or electronically to the Central GRM Team in the MCRP PMO for immediate actions.
4104.2
4105. 1st Levellocal helpdesk/central hotline
4106. [Local Help Desk/Central Hotline] When APs file their grievances, the cases are written down on the GAF by central or local GR officers on behalf of the APs
who sign the written complaints for official submission. A unique code for each AP/complainant is assigned (Section Error: Reference source not found). An acknowledgement slip is provided for each complaint for quick reference. The GRM process is explained to aggrieved stakeholders, and the details of contact points in charge of grievance cases
are given. Complaints are reviewed to determine whether they are project-related or not. If any, documents presented by each AP are digitized, and control numbers for the submitted documents are assigned. GAF is encoded into the central database.
4109. 2-a) If complaints are project-related, local or central GR officersresolve them on the spot by answering inquiries.
4110. 2-b) If complaints are not project-related, local or central GR officers referthem to an appropriate agency or an LGU which may be able to address the complaints. Local or central GR officers issue an acknowledgement slip and mark the cases on the central databaseas “Closed/Referred to the third party.”
4111. 2-c) If complaints are project-related and beyond local or central GR officers’ capacity for resolution, local or central GR officers bring them to the next level of the GRM.
4112.3
4113. Aggrieved stakeholder
4114. Aggrieved stakeholders are informed of actions taken by the first level of the GRM through local/central GR officers.4117. 3-a) If aggrieved stakeholders
are satisfied with the actions taken,their complaints are resolved and recorded accordingly.
4118. 3-b) If aggrieved stakeholders are not satisfied with the actions taken, theymay elevate their complaints to the second level of the GRM.
4119. 3-c) If complaints are beyond the ability of local or central GR officers for resolution, then they refer the complaints to the second level of the GRM.
4120.4
4121. Localhelp desk/central hotline
4122. In case of 3-a), Local or central GR officers are
to inform aggrieved stakeholders of the status “case closed” via email, SMS, or letter and record cases as “closed” on an
4123. In case of 3-b) and 3-c), Requests of aggrieved stakeholders for elevating their complaints are delivered
to the RIMC, LIAC, or the LHB. The status of complaints is recorded. Complaints are forwarded to the second level within one day from receipt of
complaints or by the business close time.
263
4099.No.
4100. Actor
4101. Action Taken
acknowledgement slip and the central database.
4124.5
4125. 2nd LevelRIMC, LIAC or LHB
Local GR officers endorse relocation-related grievances to LIAC or the LHB and more complex legal concerns to the RIMC.
Local GR officers offer aggrieved stakeholders the following options: (i) to refer their cases to the RIMC, LIAC or the LHB or (ii) to choose the “decide-together” option under the RIMC.
A course of action on each complaint within 15 working days is decided once complaints are filed by local GR officers. If aggrieved stakeholders opt for the “decide together” option, a course of action on complaints within 20 working days is
decided once complaints are filed by local GR officers. Local GR officers are informed of the action and/or decision for complaints.
4126.6
4127. LocalGRM Team
Local GR officers receive and record the decision by the second-level decision-makers. Aggrieved stakeholders are informed of the decision for their complaints.
4128.7
4129. Aggrieved stakeholder
4130. Aggrieved stakeholders are informed of the decision by the second level of the GRM through local GR officers.4133. 7-a) If aggrieved stakeholders are satisfied with the
decision, complaints are resolved and recorded accordingly.
4134. 7-b) If aggrieved stakeholders are not satisfied with the decision of the second level of the GRM or if complaints are not handled within a period of one working day and aggrievedstakeholders do not receive any responses from second-leveldecision-makers, they can forward their complaints or file an appeal to PIAC.
4135.8
4136. LocalGRM Team
4137. In case of 7-a), 4138. Local GR officers write down the status “case closed”
on an acknowledgement slip, issue it via email, SMS, letter or by hand to aggrieved stakeholders and record thecase as “closed” in GAF and central database.
4139. In case of 7-b), Requests from aggrieved stakeholders for elevating their
complaint are delivered to PIAC. The status of complaints is recorded. Complaints are forwarded to the third level via the Local
GRM Team within one working day from receipt of complaints.
4140.9
4141. 3rd Level PIAC
Complaints are filed by local GR officers. Complaints are registered on the central database and reviewed within seven working days. A course of action on complaints is decided within 15 working days. Local GR officers are informed of the action and/or decision on complaints.
4142.10
4143. LocalGRM Team
Local GR officers receive and record the decision by PIAC. Aggrieved stakeholders are informed of the decision for their complaints.
4144.11
4145. Aggrieved
4146. Aggrieved stakeholders are informed of the decision by the third level of the GRM through local or central GR officers.4149. 11-a) If aggrieved stakeholders are satisfied with the 4150. 11-b) If aggrieved stakeholders are not satisfied with the
264
4099.No.
4100. Actor
4101. Action Taken
stakeholder
decision, complaints are resolved and recorded accordingly.
decision of the third level of the GRM or if complaints are not handled within a period of one working day and aggrieved stakeholders do not receive any responses from third-level decision-makers, they can forward their complaints or file an appeal to the court.
4151.12
4152. LocalGRM Team
4153. In case of 11-a), Local GR officers write down the status “case closed”
on an acknowledgement slip, issue it via email, SMS, letter, or by hand to aggrieved stakeholders and record the case as “closed” in GAF and central database.
4154. In case of 11-b), Requests from aggrieved stakeholders for elevating their
complaint are delivered to the court. The status of complaints is recorded.
4155.13
4156. Court Aggrieved stakeholders may also seek redress through the court system at any stage of the project`s GRM. The judicial procedure will dictate the process and progress of complaints once aggrieved stakeholders file their complaints before the court.
4157. Source: JDT and DOTr
265
HHH. Grievance Communication Between GR Officer and APs
4158. Local and Central GRM Teams will keep informing APs on the status of their complaintsand their resolution. The communication methods for this purpose are proposed in Table IX -135. GAF is provided once APs raise grievances or concerns through the local help desk orcentral hotline. At that time, APs can indicate their preferred contact channels on GAF.Responses to any anonymous grievances when possible and the process for addressinganonymous grievances are posted on bulletin boards located at the local help desk or the lobbyof LGU offices.
4159. Table IX-135: Methods for Communications with Affected Persons4160. P
ersonin
Charge
4161. GrievanceReceiv
edThroug
h
4162. Immediat
eActionTaken
byGRMTeam
4163. Acknowledgement of
Receipt
4164. Delivery of
Decisions Made atthe GRM
4165. Agreement
on CaseClosure
4166. Methodfor
Communication with APs
4167. Local help desk
4168. (Local GR officers)
4169. In person
4170. GRofficers assist APs in filling out GAF.
4171. An acknowledgement slip is provided with acontrol number.
4172. APs are informed through their preferred channels indicated on GAF.
4173. GR officers ask APs whether to close grievance cases.
In person (at local help desk)
EmailPhone callText/SMS Response letterPublic
information boards (in case of anonymous grievances)
4175. Drop box
4176. GRofficers fill out GAF and provideresponses as much as possible.
4177. - 4178. GR officers publish answers on bulletinboards located at the local help deskor the lobby of LGU offices.
4179. When answers are publishedon bulletin boards, grievance cases are closed.
4180. Centralhotline
4181. (Central GRofficer
4182. Phone calls/text/
4183. SMS/email
4184. GRofficers fill out GAF.
4185. A control numberis provided.
4186. If APs use SMS, acontrol
4187. APs are informed through their preferred channels indicated on GAF.
4188. GR officers ask APs whether to close grievance cases.
EmailPhone callText/SMS Response letter
266
4160. Person
inCharge
4161. GrievanceReceiv
edThroug
h
4162. Immediat
eActionTaken
byGRMTeam
4163. Acknowledgement of
Receipt
4164. Delivery of
Decisions Made atthe GRM
4165. Agreement
on CaseClosure
4166. Methodfor
Communication with APs
numberis provided via SMS.
4190. Letter
4191. GRofficers fill out GAF. If information is not sufficient, APs are contacted for further information.
4192. GR officers send a solution letter with an acknowledgement slip, control number, and specified deadline for response. In the letter, the email address and text number of central GR officers are provided.
4193.4194. Or4195. If APs mention about
their contact numbers or email addresses in the letter, GR officers informthem of a control number via the specifiedchannels and facilitate the same process with the central hotline.
4196. APs fill out theacknowledgment slip attached to the letter or reply via email or text mentioned in the solution letter to confirm whether to close grievance cases.
4198. Source: JDT
III. Status of GRM Set-up for MCRP
1. Establishment of Central Hotline and Local Help Desks
4199. In November 2018, the DOTr established and has operated a full-functioning CentralHotline for the project with mobile numbers and e-mail address, which is managed by theDOTr’s Grievance Redress (GR) officers. Information about the Central Hotline has beenannounced during IEC meetings and SCMs and has been disseminated to all LGUs andbarangays concerned. All queries, issues and concerns of APs are being filed and documentedin the central database of the DOTr’s Central GRM Team.
4200. The DOTr also completed the establishment of the Local Help Desks at each of the eightLGUs in the Malolos-Clark Section. Table IX -136 summarizes the status of the Local HelpDesk by LGU and the composition of the Local GRM Team at each Local Help Desk.
Table IX-136 Status of the Local Help Desk and the Local GRM Team (as of May 2020)4201.
267
4202. LGU 4203. Status of Help Desk 4204. Composition of Local GRMTeam4206. Date
ofEstablishment
4207. OperationDay
4209. Malolos-Clark Section4210. Malolos City,
Bulacan4211. 2 Aug
20194212. Ev
ery Tue4213. Staff of City Planning and
Development Office4214. Municipality
of Calumpit,Bulacan
4215. 6 Aug2019
4216. Every Tue
4217. Staff of Municipal Planningand Development Office
4218. Municipalityof Apalit,Pampanga
4219. 18 Jul2019
4220. Every Thu
4221. Staff of Barangay San Vicenteand Sulipan
4222. Municipalityof Minalin,Pampanga
4223. 26 Jul2019
4224. EveryWed
4225. Staff of Municipal Planningand Development Office
4226. Municipalityof Sto. Tomas,Pampanga
4227. 18 Jul2019
4228. EveryWed
4229. Staff of Municipal LGU –Department of Interior and LocalGovernment and MunicipalDisaster Risk Reduction andManagement Office
4230. City of SanFernando,Pampanga
4231. 12 Jul2019
4232. Every Thu
4233. Staff of Local Housing Office
4234. City ofAngeles,Pampanga
4235. 6 Aug2019
4236. Every Tue
4237. Staff of Local Urban PoorAffairs and Housing Office
4238. MabalacatCity, Pampanga
4239. 3 Jul2019
4240. EveryWed
4241. Staff of Municipal Planningand Development Office
4242. Solis-Blumentritt Section4243. Manila City,
Metro Manila4244. 24 Apr
2020(expected)
4245. EveryotherFri
4246. Staff of City UrbanSettlements Office
4247. Note: Apart from the Help Desk by LGU, the Central Hotline was established in November 2018.
4248. Source: DOTr
2. Establishment of the GRM Team
4249. Since November 2018 when the Central Hotline was established, the DOTr hasassigned dedicated GR officers for the project whose tasks and responsibilities are focusedentirely on the GRM. GR officers are assigned to the Local GRM Team at the Local Help Deskof each LGU and/or the Central GRM Team at the MCRP PMO in the DOTr's Office of theUndersecretary for Railways.
4250. The Local GRM Team is assigned to a specific city or municipality affected by the projectand is composed of trained GR officers who are dedicated DOTr staff of the MCRP PMO orLGU representatives. The Central GRM Team is in charge of grievances channeled through theDOTr's central office via the Central Hotline and is responsible for the receipt,acknowledgement, and registry of grievances as well as eligibility assessment.
268
4251. Central GR officers from the MCRP PMO have been deployed to manage the Local HelpDesk of the Malolos-Clark Section. The existing Local Help Desk is stationed in various officesof the eight LGUs and is provided with local GR officers to answer inquiries about projectconcerns, receive complaints, and provide clarification on the matters related to claims andinterests of APs. The list of central GR officers on duty are presented Table IX -137.
Table IX-137 Composition of the Central GRM Team (as of May 2020)4252.
4253.No.
4254. Affiliation 4255. Main Responsibility
4256.1
4257. GRMTeam
4258. Follow up on grievances received from both N2 and SCand communicate with team leads to address pending cases
4259.2
4260. GRMTeam
4261. Follow up on grievances received in N2 Section
4262.3
4263. GRMTeam
4264. Follow up on grievances received in SC Section
4265.4
4266. GRMTeam
4267. Follow up on Gender-Based Violence (GBV) cases
4268.5
4269. Envi Team 4270. Assisting GRM Team every Thursday and Tuesday
4271.6
4272. Envi Team 4273. Assisting GRM Team every Thursday and Tuesday
4274.7
4275. Communications /PublicRelationsTeam
4276. Assisting the operation of Help Desks in N2 andconsolidation of grievance database
4277.
JJJ. Information Dissemination
4278. The GRM is publicized and promoted especially at the local level, i.e., communities andbarangays, to ensure that APs are aware of the platform and can use it as a trustworthy andeffective means for feedback and grievance redress. As part of the overall projectcommunications strategy, the MCRP PMO has prepared communication materials pertaining tothe GRM both in text and visual forms, project details and maps, frequently asked questions,and the procedure of land acquisition and resettlement. The communication materials for theGRM are listed in Table IX -138.
4279. Project stakeholders were informed about the GRM during SCMs. The information onthe central hotline including phone numbers and email address was disclosed during themeetings and was also posted on bulletin boards located at the local help desk or the lobby ofLGU offices.
4280. In addition, a GRM brochure was also prepared. All authorities concerned includingbarangay and LGU offices and the MCRP PMO utilize the brochure when explaining about theGRM procedure to aggrieved stakeholders who come to raise their issues or concerns. Also, thebrochure was disseminated at the local help desk and barangay halls or during SCMs.
4281. Table IX-138: Methodology for GRM-Related Information Dissemination
269
4282. Communication Tool
4283. Content 4284. Methodologyfor InformationDissemination
4285. Responsibility
4286. Timeline for
Preparation
4287. DOTr`s central hotline
Phone Number
Globe: 0927 450 6720Smart: 0939 223 7993 E-mail
Address: [email protected]
SCM Posting on each
barangay office's notice board
Posting on the project's website, Facebook, and twitter
4288. DOTr 4289. Under operationsince December 2018
4290. Map Map showing the project ROW within LGUs
Local help desk 4291. DOTr 4292. Complete
4293. GRM brochure
Summary of the project
Objective of the GRM
GRM process Information on
the local help desk including its opening time and day, location, and the way to file a complaint/issue
Information onentitlements, land acquisition process and schedule, resettlement sites, and the LRIP
Information onthe central hotline including phone numbers and email address
SCM Local help desk Central GR
officer Community
organizing by the National Housing Authority (NHA)
Posting on the project's website, Facebook, and twitter
4294. DOTr 4295. 30 July 2020
4296. Public information brochure
Project description
Expected benefits from the project
Information on
SCM Local help desk Central GR
officer Community
organizing by
4297. DOTr 4298. September 2020
270
4282. Communication Tool
4283. Content 4284. Methodologyfor InformationDissemination
4285. Responsibility
4286. Timeline for
Preparation
the local help desk and central hotline
the NHA Posting on the
project's website, Facebook, and twitter
4299. Source: DOTr
KKK. Capacity Building of GR Officers
4300. The objective of capacity building activities aim at ensuring that GR officers who areassigned for the Local/Central GRM Teams have proper skills and knowledge on all aspects ofthe Project including the RAP, timeline for construction, Environmental Impact Statement (EIS),health and safety measures, and legal and documentation process. The capacity buildingactivities will also be a means to obtain comments and suggestions from GR officers withregards to validating, improving, and streamlining the GRM.
4301. There were two initial types of trainings provided, namely: (i) GRM training and (ii) HelpDesk training.
4302. Table IX-139 Summary Information of GRM Trainings4303.
4304. Date &Time
4305. Training &Venue
4306. Main Participant
4307. Number ofParticipants
4311. Male
4312. Femal
e
4313. Total
4314. 14-15March20199:00A.M.
4315. GRMTraining forCentral GROfficers
4316.4317. The Redd
Manor Hotel,Jose AbadSantos Avenue,San Fernando,Pampanga
4318. DOTr – 94319. Malolos, Bulacan LGU – 14320. Calumpit, Bulacan LGU – 14321. Apalit, Pampanga LGU – 14322. Sto.Tomas, Pampanga LGU
– 14323. San Fernando, Pampanga
LGU – 14324. Angeles, Pampanga LGU –
14325. Mabalacat, Pampanga LGU
– 14326. Minalin, Pampanga LGU – 14327. Manila LGU – 14328. ADB – 84329. JICA Design Team – 1
4330. 10
4331. 17
4332. 27
4333. 4-5 April20198:00A.M.
4334. Help DeskTraining forCentral andLocal GROfficers
4335.4336. ADB
Headquarters
4337. DOTr – 184338. Malolos, Bulacan LGU – 24339. Calumpit, Bulacan LGU – 24340. Apalit, Pampanga LGU – 24341. Sto.Tomas, Pampanga LGU
– 24342. Minalin, Pampanga LGU – 14343. City of San Fernando,
4348. 19
4349. 27
4350. 46
271
4304. Date &Time
4305. Training &Venue
4306. Main Participant
4307. Number ofParticipants
4311. Male
4312. Femal
e
4313. Total
Pampanga LGU – 24344. Mabalacat City, Pampanga
LGU – 24345. City of Manila LGU– 24346. ADB – 54347. JICA Design Team – 8
4351. Source: DOTr4352.4353. The MCRP PMO is undertaking ongoing trainings and iteration sessions to ensure thatDOTr staff and GR Officers have sufficient understanding of the GRM including updates orchanges in GRM procedure and system as well as project details.
4354. GR Iteration Workshop. The MCRP PMO will organize regular training and iterationsessions to ensure that the DOTr's staff and local GR officers have sufficient understanding ofthe GRM including updates or changes in the GRM procedure and system and project details.Constant and iterative aspect training for the PMO-GRM and LGU staff will be periodically givento ensure that knowledge and skills gained from previous trainings in managing riskcommunication and grievance redress monitoring are sustained. Gained knowledge and skillswill be applied by the GRM staff in managing land related concerns such as EJS casesrequested from the help desk.
4355. On 17 June 2019, the GR iteration workshop was held at the DOTr`s main office in ClarkCity. Along with local GR officers, the MCRP PMO staff in charge of the GRM and environmentparticipated in an intensive session to review the GRM process and specific roles of the GRMunits or focal points at each level. A total of 10 local GR officers from Malolos to San FernandoLGUs attended the workshop as shown in Table IX -140Table IX -140.
4356. Table IX-140: Summary Records for the GR Iteration Workshop
4357. Date& Time
4358. Venue
4359. Main Participant
4360. Number ofParticipants
4364. Male
4365. Fema
le
4366. Total
4367. 17 June 20199:00 a.m.
4368. DOTr Main Office, Clark, Pampanga
ADB – 2 JICA Design Team – 2 Malolos, Bulacan – 1 Calumpit, Bulacan – 2 Apalit, Pampanga LGU – 2 Sto. Tomas, Pampanga LGU –
2 San Fernando, Pampanga
LGU – 2 Mabalacat, Pampanga LGU –
2 Minalin, Pampanga LGU – 1 DOTr – 8
4369. 94370. 15
4371. 24
4372. Source: DOTr
272
LLL. Monitoring Reports on Grievance Redress
4373. The MCRP PMO monitors the grievance redress status monthly and incorporates thestatus of received grievances into quarterly and semi-annual monitoring reports submitted toJICA and ADB. The details on RAP monitoring and reporting requirements are presented inChapter 13.
1. Local Monitoring
4374. The Local GRM Team undertakes periodic rapid appraisal that measures the GRM’seffectiveness and efficiency. The Local GRM Team monitors the type and status of grievancesand grievance cases forwarded to the third parties or next levels of the GRM. The newlydesigned central database will enable the processing and generation of such information. 4375. Monitoring Approach. In order to evaluate the GRM’s relevance, effectiveness, andefficiency, the progress of grievance cases can be tracked via the central database. Also, thetracking system for site visits and interview with local key players such as LGU officials can beutilized to this end.4376. The results of local monitoring are documented by GR officers and also uploaded on thecentral database and tracking system under the monitoring tab that contains a specificmonitoring template.
4377. Reporting. The results of monitoring activities documented by local GR officers aresubmitted to GRM managers and the Central GRM Team once a month.
4378. A local monitoring report prepared by local GR officers includes the following: (i) theprogress of grievances, (ii) raised issues and concerns during SCMs and focus groupdiscussions (FGDs), (iii) comments for improving the GRM, and (iv) monitoring sheets whichcontain the number of grievances received and resolved and the type of grievances received atthe local help desk.
65. Central Monitoring
4379. Central monitoring is the integration of all local-level monitoring using the informationobtained from the central database and local monitoring reports containing the progress of andgaps in grievance resolution. The DOTr's GRM manager prepares a formatted narrative reporton a monthly basis.
4380. Monitoring Approach. The central monitoring is conducted for all levels of the GRMbased on the central database, which enables the GRM Team to get a glimpse of the progressof all grievances. In addition, the central monitoring will make it possible to verify if there are anabnormal number of complaints of the same nature and identify any relevant problems. Forexample, if the receiving rate of grievances at the central hotline is irregular, then the GRMTeam can examine any possible systematic errors. The GRM Team can also verify if there is aconsistent delay in reaching a resolution and accordingly investigate the cause of the delay.
4381. Reporting. Central GR officers monitor the type and status of grievance cases mainlythrough the central database. Accordingly, the DOTr`s GRM manager will prepare a centralmonitoring report on a monthly basis which includes the status of grievances received throughthe central hotline and grievances elevated to the next levels of the GRM.
273
4382. The central monitoring report includes the following: (i) the progress of grievances, (ii)summary of GRM activities such as meetings or capacity-building training, (iii) comments forimproving the GRM, (iv) monitoring sheets which contain the numbers of grievances receivedand resolved and the type of grievances filed at each level of the GRM, (v) analysis ofgrievances under common themes and areas, and (vi) recommendations for further actions toreduce similar grievances in the future.
66. Continuous Update of the GRM
4383. The GRM policy and procedure will be updated every six months to streamline theprocess where needed. Discussions and revisions will be made by the Central GRM Teambased on recommendations. If necessary, interviews will be conducted with local GR officers onthe spot. The updated GRM will be promptly distributed to each local help desk and Central GRofficers.
274
X. CHAPTER 10: RAP IMPLEMENTATION ARRANGEMENTS
4384. This chapter discusses implementation arrangements of the resettlement action plan(RAP) for the project. Specific functions of implementing bodies and their relevance to the rolesof the Department of Transportation (DOTr) as the implementing agency (IA) are explained indetail. Table X -141Error: Reference source not found summarizes implementing units andcoordinating bodies for this Project, while the RAP implementation structure is shown in Figure X -31.
4385. Table X-141: Implementing Units and Coordinating Bodies4386. Body/Unit 4387. Purpose/Key
Responsibility4388. Uni
t Type4389. Freq
uency ofMeeting
4390. Numberof
Member/Staff
4391
.P
rima
ry I
mp
lem
ent
ing
4392
. U
nit
4393. Project Management Office (PMO)
4394. Primarily responsible for the implementation of the Project including the RAP implementation
4395. Project-based office
4396. Weekly and as needed
4397. 68 (currently 22 dedicated to RAP implementation)
4398
.A
ppro
ving
Co
mm
ittee
4399. Technical Working Committee (TWC)
4400. Responsible for right-of-way (ROW) acquisition for all DOTr Projects. This unit serves as the final approving body for all
4401. Committee
4402. As needed
4403. 11
4404
.C
oo
rdin
atin
g B
od
y
4405. Project Inter-agencyCommittee (PIAC)
4406. Primarily responsible for establishing institutionallinkages among concernedgovernment offices and creating inter-agency policies for the efficient implementation of RAP components.
4407. Project-wide committee
4408. Quarterly
4409. 12
4411. Technical Working Group (TWG) under PIAC
4412. Responsible for actual inter-agency coordination at the Project-wide level. Representatives are responsible for cascading to field offices or concerned sub-units the function/role of their respective agencies regarding the RAP implementation and the agreements/policies/plans agreed at the PIAC/TWG level.
4413. PIAC sub-committee
4414. As needed
4415. 13
4417. RAP Implementation and
4418. Recommendatory and coordinating committee forthe RAP implementation at
4419. City/municip
4420. Every other week
4421. 16
275
Management Committee(RIMC)
the local level. ality-level committee
4422. Source: JICA Design Team (JDT).
276
4423. Figure X-31: RAP Implementation Structure (as of February 2020)
4424. Source: JICA Design Team (JDT)
4425.
277
A. Department of Transportation
4426. As the IA for the project, the DOTr supervises and coordinates the implementation of allactivities, monitor compliance with this RAP, secure sufficient funds for the implementation of allresettlement-related activities, allocate resources in a timely manner, set target outputs with thecorresponding timeline, monitor progress, consolidate reports from all sources, document gaps,and find appropriate solutions. Such general roles of the DOTr as the IA will be largely carriedout by a special office created for this purpose, the Project Management Office (PMO) of theMalolos Clark Railway Project`s Project Management Office (MCRP).
4427. The DOTr is headed by its secretary who directly reports to the President of thePhilippines. The department secretary is assisted by several undersecretaries that head theirrespective divisions. For the project, the undersecretary for railways will directly supervise theMCRP PMO and make critical decisions related to the RAP implementation.
4428. Works contracts will not be awarded until after final approval of the updated RAP.Construction in any affected areas will not be allowed to commence until full compensation ispaid and relocation, when necessary, is completed in accordance with this RAP. Before givingpossession of a relevant site to the contractor, the DOTr will give its confirmation to the AsianDevelopment Bank (ADB) that the provision required by the RAP is satisfactorily completed andthat compensation, entitlements, and resettlement assistance are provided. After obtaining theacknowledgement of ADB, the DOTr will issue the notice to proceed (NTP) to the contractor.
1. Technical Working Committee61
4429. Department Order (D.O.) No. 2013-05 created the Technical Working Committee (TWC)for the right-of-way (ROW) acquisition for infrastructure projects under the DOTr management.The undersecretary for legal and procurement and the undersecretary for planning are TWCmembers. The TWC provides legal and technical support to all PMOs under the DOTr, includingthe MCRP PMO.
a. Roles and Responsibilities of the Committee
4430. The roles and responsibilities of the TWC are summarized below.
(i) Evaluate, examine, and approve documents pertaining to all properties to be acquiredthat have already undergone due diligence by the MCRP PMO62; and
(ccxlvii) Endorse documents for compensation as per the Entitlement Matrix of this RAP.
n. Composition of the Committee
4431. The TWC is established under the Office of the Undersecretary for Legal andProcurement. D.O. No. 2013-05 specifies the composition of the TWC as shown in Table X -142: Composition of the Technical Working Committee Table X -142.
61 The committee will be replaced by the DOTr's Right-of-Way and Site Acquisition (ROWSA) Committee once theROWSA Committee is created.
62 The Assistant Secretary for Procurement and Project Implementation will sign the offer to buy (OTB) to be issuedby the DOTr's PMO to property owners.
278
4432. Table X-142: Composition of the Technical Working Committee4433. Positio
n4434. Member
4435.1
4436. Leader
Chairman: Director, Legal Service Vice-chairman: Director, Planning Service
4437.2
4438. Member
Executive Director concerned Chief, Legal Affairs and Research Division Project manager/engineer concerned Representative of Legal Service Representative of Planning Service Representative of Finance and Comptrollership Service Representative of Procurement Supply and Property Management Service
4439.3
4440. Observer
Representative of the Commission on Audit (COA) Resident Auditor
4441. Source: DOTr
67. Malolos Clark Railway Project`s Project Management Office
4442. The MCRP PMO will be the primary project implementing unit of the DOTr for the projectincluding the RAP implementation in accordance with the Guidelines for Environmental andSocial Considerations (2010) of the Japan International Cooperation Agency (JICA) and ADB`sSafeguards Policy Statement (SPS, 2009) on involuntary resettlement. The MCRP PMO carriesout the responsibilities laid out in this RAP.
a. Roles and Responsibilities of the Project Management Office
4443. The role and responsibilities of the MCRP PMO pertaining to the RAP are summarizedbelow.
i. General Functions
(i) Lead and manage the overall implementation of this RAP;
(ccxlviii) Synchronize resettlement activities and land acquisition with the Projectconstruction schedule and similarly closely coordinate with contractors toensure that civil works are aligned with the RAP implementation;
(ccxlix) Coordinate with other partner institutions in the RAP implementation suchas the National Housing Authority (NHA), the Department of HumanSettlements and Urban Development (DHSUD), formerly the Housing andUrban Development Coordinating Council (HUDCC), Local Government Units(LGUs), government financial institutions (GFIs), and the Department ofFinance (DOF);
(ccl) Ensure the timely implementation of the RAP, specifically, the acquisition ofthe ROW, the resettlement of affected persons (APs), and the implementationof the livelihood restoration and improvement program (LRIP);
(ccli) Supervise the general consultant in matters pertaining to the RAP;
(cclii) Create a database of APs accessible to all involved agencies nationwide andset guidelines in accessing this database to maintain confidentiality ofinformation to protect the privacy of APs;
279
(ccliii)Lead responses to unanticipated impacts due to the Project, preparingsafeguards documents/reports as required by JICA and ADB;
(ccliv) Lead all Project-related committees and assign secretaries;
(cclv) Prepare detailed action plans, schedules, targets, and resource allocationplans to effectively implement the RAP;
(cclvi) Ensure that sufficient human resources are available to implement theRAP;
(cclvii) Operate and maintain the grievance redress mechanism (GRM), ensuringavailability of all required resources such as budgets, staff, office space,transport, and supplies;
(cclviii) Ensure that adequate budgets and required funds are available toimplement the RAP and all related safeguards plans and activities and makeall required payment to APs including monthly rental allowances in a timelymanner;
(cclix) Disclose information about the RAP implementation in a timely andmeaningful manner, and involve APs in the RAP implementation;
(cclx) Monitor and report all RAP-related activities, identifying issues and implementcorrective actions, as outlined in the RAP;
(cclxi) Update the RAP including any other safeguard documents as required byJICA and ADB;
(cclxii) Ensure that unanticipated impacts are addressed according to the RAP;
(cclxiii) Prepare monthly and quarterly monitoring reports on the RAPimplementation, post-completion and evaluation reports and semi-annualinternal monitoring and evaluation reports for submission to JICA and ADB;
(cclxiv) Ensure the engagement of the external monitor agent (EMA) during theRAP implementation; and
(cclxv) Act under the overall direction of the undersecretary for railways.
ii. Right-of-Way and Land Acquisition
(i) Conduct all required surveys to determine affected persons and assets asneeded;
(cclxvi) Ensure that all eligible APs provided with their respective entitlements areidentified according to the RAP and are relocated and/or compensated as perthe RAP;
(cclxvii) Update and maintain the database on APs and their assets needed forthe effective implementation and monitoring of RAP activities;
(cclxviii) Conduct the validation of affected persons (both landowners and informalsettlers) and assets and the verification of eligibility jointly with orindependently from other agencies);
(cclxix) Provide assistance to APs to complete the preparation of necessarydocuments when needed;
(cclxx) Carry out due diligence on land when property owners cannot beidentified;
280
(cclxxi) Ensure the timely procurement of GFI services and monitor appraisal ofaffected properties, thereafter;
(cclxxii) Issue the notice of taking (NoT) and offer to buy (OTB) duly approved andsigned by proper authorities;63
(cclxxiii) Assist APs in securing required documents, particularly in extra judicialsettlement (EJS) cases;
(cclxxiv) Pay full compensation to APs prior to incurrence of loss and land clearing;
(cclxxv) Lead and manage the timely clearing of the ROW and relocation of APs;and
(cclxxvi) Any additional land acquisition is required to be assessed for resettlementimpacts, and safeguard documentation will be prepared and approved by JICAand ADB prior to acquisition and clearing.
iii. Relocation and Resettlement
(i) Set guidelines and policies in issuing the official master list of affectedhouseholds and persons ensuring that the only legitimate affected households(AHs) and APs will be provided with compensation and relocation assistance;
(cclxxvii) In coordination with LGUs and the Presidential Commission for the UrbanPoor (PCUP), issue the notice to vacate or eviction notice in case that APsrefuse to sign an agreement to demolish and remove improvements (ADRI);
(cclxxviii) Initiate the application and completion of requirements for the issuance ofthe certificate of compliance (COC) prior to displacement of APs anddismantlement of their structures;
(cclxxix) Ensure that a resettlement site is complete with all necessary utilities,community facilities, and social services;
(cclxxx) Implement and monitor rental subsidies for temporary accommodationsduring the interim stage including the timely payment of allowances to APs;
(cclxxxi) Provide transportation for APs and their belongings including salvageablematerials;
(cclxxxii) Provide food assistance for APs;
(cclxxxiii) Develop, establish, and implement public rental facilities;
(cclxxxiv) Implement self-relocation options; and
(cclxxxv) Provide resettlement assistance to affected landowner claimanthouseholds.
iv. Implementation of the Livelihood Restoration and Improvement Program
(i) In coordination with concerned member agencies of the Project Inter-agencyCommittee (PIAC), the RAP Implementation and Management Committee(RIMC), the Local Inter-agency Committee (LIAC), and the Local HousingBoard (LHB), implement the LRIP;
(cclxxxvi) Create a division within the MCRP PMO or assign dedicated persons tosupervise and implement the LRIP that is not covered by partner agencies;
63 The NoT will be signed by the head of the ROWSA Team, while the OTB will be signed by the TWC Chairman.
281
(cclxxxvii) Monitor the use of the compensation capital provided to APs;
(cclxxxviii)Maximize the use of other livelihood programs where they are availablefor APs; and
(cclxxxix) Arrange employment for APs in construction works for the Project.
v. Preparation and Submission of Reports
(i) Submit all necessary reports to the Undersecretary for Railways periodically(on a monthly basis) pertaining to the RAP implementation;
(ccxc) Conduct internal monitoring of the RAP implementation and preparemonthly, quarterly and semi-annual monitoring reports/updates; and
(ccxci) Prepare and consolidate reports for the future reference.
o. Composition of the Project Management Office
4444. As of May 15, 2019, the MCRP PMO drew up a plan on its organizational structure andpersonnel as presented in Figure X -32 and Table X -143. According to the plan, the MCRPPMO will have seven divisions: (i) management; (ii) civil works; (iii) systems; (iv) rolling stock;(v) engineering support; (vi) environment, resettlement, ROW, legal; and (vii) administration andsupport. In addition, the office will have a total of 450 positions, and the division for environment,resettlement, and legal affairs is projected to have 128 positions. As of May 2020, the MCRPPMO has filled a total of 68 positions including 22 positions specifically for the RAPimplementation and has planned to keep recruiting new staff. The current 22 staffers dedicatedfor the RAP implementation are given tasks with land acquisition, resettlement, livelihood, or theGRM.
4445. Figure X-32: Planned Structure of the MCRP PMO (as of 15 May 2019)4446. Source: DOTr
4447. Table X-143: Planned Composition of the MCRP PMO (as of 15 May 2019)4448.No.
4449. Division 4450. Positions 4451. No.of
Positions
4452.1
4453. Management Engineer Project Officer Project Development Officer
4454. 17
4455.2
4456. Civil Works Engineer Architect Project Development Officer
4457. 180
4458.3
4459. Systems Engineer 4460. 23
282
4461.4
4462. Rolling Stock Engineer 4463. 11
4464.5
4465. Engineering Support
Attorney Project Development Officer Engineer
4466. 56
4467.6
4468. Environment, Resettlement and ROW, and Legal
Attorney Project Development Officer Community Development Officer Engineer Architect
4469. 128
4470.7
4471. Administration and Support
Project Development Officer Administrative Officer Budget Officer Accountant
4472. 35
4473. Total 4474. 4504475. Source: DOTr
MMM. Partner Institutions
4476. The DOTr as the IA cooperates with other government agencies to implement this RAP.The partner institutions are categorized as (i) project-wide partners at the national level and (ii)site-specific partners at the local level.
1. Project-Wide Partner Institutions
4477. Since the project cuts across two provinces and multiple cities and municipalities, thePIAC will be created to convene the agencies concerned for a coordinated course of action.
4478. Project Inter-Agency Committee (PIAC). The PIAC is responsible for creating inter-agency policies or agreements regarding resources, information exchanges, and programlinkages for effective implementation of the RAP in accordance with relevant laws of thePhilippines, JICA Guidelines (2010), and ADB SPS (2009), and the policies outlined in this RAP.It is a Project-wide coordination committee to make required resources, programs, andinformation available and accessible to local-level units of national departments and LGUs. Ajoint memorandum circular series of 2019 has been prepared for signatures of involvedagencies for this Project, and DHSUD has been coordinating with other national governmentagencies (NGAs) to finalize the circular for the PIAC establishment, as presented in theappendices of this RAP. Even though the circular has yet to be signed, PIAC was de factoestablished on 12 December 2018, and PIAC meetings have since been held three times.
4479. The functions of the PIAC are as follows:
(i) Make a final approval of project specific-policies that will support the RAPimplementation within the policies outlined in the RAP;
(ii) Establish and support the PIAC's Technical Working Group (TWG) and assist theMCRP PMO in the RAP implementation and the provision of social welfarebenefits; and
(iii) Review, deliberate, and provide resolutions and actions on grievances andcomplaints elevated to the PIAC.
4480. The PIAC composition is shown in Table X -144 and the roles and responsibilities ofPIAC members are summarized in Table X -145
283
4481. Table X-144: Composition and Member Agencies of the Project Inter-AgencyCommittee
4482. Position
4483. Member
4484. Chair 4485. DOTr4486. Co-
Chair4487. DHSUD (formerly HUDCC)
4488. Members
Philippine National Railways (PNR) NHA Social Housing Finance Corporation (SHFC) Department of the Interior and Local Government (DILG) Department of Trade and Industry (DTI) Department of Labor and Employment (DOLE) Department of Social Welfare and Development (DSWD) Department of Education (DepEd) Department of Health (DOH) Department of Budget and Management (DBM)
4489. Source: JDT and DOTr
Table X-145: Roles and Responsibilities of PIAC Members4490. Agency/Organization 4491. Roles and Responsibilities
4492.1
4493. DOTr4494. (Undersecretary for
Railways)
Serve as the PIAC Chair and preside on all meetings of thecommittee; Present desired and specific policies needed to ensure the compliance to ADB and JICA guidelines and effective implementation of the RAP; Act on the matters elevated to PIAC by the GRM's local help desk in coordination with other partner agencies and based on the recommendations of the TWG; and Assign a dedicated secretariat to document meetings of thecommittee, prepare letters, set a meeting schedule and venue, consolidate reports, provide updates to member agencies, TWG, and its committees, and follow up on actions/reports of participating agencies, TWG, and its committees.
4495.2
4496. DHSUD (formerly HUDCC)64
Serve as the PIAC Co-chair; If necessary, craft policies that will provide flexibility to the DOTr's partner key shelter agencies (KSAs) with regards to the provision of relocation sites to APs such as, but not limitedto, the involvement of Pag-IBIG Fund and other socialized housing Projects administered by non-government organizations (NGOs) or civil society organizations (CSOs); and Inform the committee on issues that can only be resolved at the PIAC level and recommend solutions.
4497.3
4498. Other members Attend meetings; Approve and implement policies presented by the DOTr, the Chair; Sign all PIAC instruments on behalf of their agency; and Provide inputs and recommendations to address implementation issues.
4499. Source: JDT
64 The HUDCC functions in the PIAC will be assumed by the DHSUD.284
4500. Technical Working Group. Under PIAC is the TWG composed of representatives fromthe concerned PIAC members. The TWG is responsible for drafting policies and resolutions onRAP issues to be approved by the PIAC. During the third PIAC meeting on 26 September 2019,the creation and composition of the TWG was agreed by representatives from agencies, but noTWG meeting has since been held. The TWG may decide on matters pertaining to the RAPwithout a PIAC approval as long as a decision is clearly within the actions and policies stated inthe RAP.
4501. The functions of the TWG are as follows.
(i) Determine how to mobilize resources of PIAC member agencies to support theRAP implementation;
(ccxcii) Define other roles and responsibilities and corresponding deliverables ofeach member agencies/units in the RAP implementation including the LRIP;
(ccxciii) Identify gaps in policies and resources and inform department heads(when necessary) to allocate resources or create a policy at the PIAC level toensure efficient implementation of this RAP; and
(ccxciv) Act upon RAP issues within its capacity and allocate resources whenneeded.
4502. There are two clusters to be formed under the TWG: (i) Cluster for Relocation andResettlement and (ii) Cluster for Livelihood and Income Restoration. These clusters mayconduct meetings independently, but the DOTr may call for a joint meeting whenevernecessary.4503.4504. .4505.
4506. Table X-146: Composition of the Technical Working Group 4507. Cluster 4508. P
osition
4509. Agency/Organization
4510. Relocation and Resettlement
4511. Chair
4512. DHSUD (formerly HUDCC)
4514. Member
DOTr PNR NHA SHFC DILG PCUP
4515. Livelihoodand Income Restoration
4516. Chair
DTI
4518. Member
DOTr DHSUD (formerly HUDCC) NHA SHFC DOLE National Anti-Poverty Commission (NAPC) Technical Education and Skills Development Authority (TESDA) DSWD
4519. Source: JDT and DOTr
285
p. Key National-Level Partners
4520. Below are details of national-level government partners which have key responsibilitiesfor the RAP implementation. Some of the agencies are key partners where the DOTr has theexisting memorandum of agreement (MOA) that relates specifically to the project, and theothers are valuable PIAC members (or both).
4521. Department of Human Settlements and Urban Development. DHSUD, formerlyHUDCC, is mandated to coordinate and monitor activities of all government agenciesundertaking housing Projects including those of LGUs to ensure the accomplishment of goals ofthe government’s housing programs. Thus, the DOTr has partnered with DHSUD for this Projectwithin an agreed MOA. In addition to its responsibilities as the PIAC Co-chair, DHSUD has thefollowing additional responsibilities.
(i) Coordinate with other NGAs for the implementation of the RAP and the LRIP;
(ccxcv) Monitor activities of partner agencies in terms of the RAP implementation;
(ccxcvi) Initiate the creation of relocation programs for the Project and draftpolicies to support and enable them;
(ccxcvii) Adopt or sponsor policies to allow innovative relocation strategies;
(ccxcviii) Assist in the creation of the RIMC and the LIAC at each LGU;
(ccxcix) In coordination with the Housing and Land Use Regulatory Board(HLURB), consolidate inventory of vacant/idle land that may be used asrelocation sites;
(ccc) Facilitate fast accreditation/registration of homeowners’ associations;
(ccci) Coordinate with DepEd to facilitate the seamless transfer of students;
(cccii) Coordinate with the DOH to facilitate the seamless transfer of healthrecords of APs to continue their access of health services in their newlocations;
(ccciii) Ensure that all activities related to clearing and demolition of structures oreviction are in accordance with provisions of relevant laws;
(ccciv) When necessary, contract a non-government organization (NGO) orcreate a dedicated group of staff within DHSUD to implement the LRIPenvisioned in this RAP that is not covered by key shelter agencies (KSAs);
(cccv) Submit to quarterly reports to the MCRP PMO on the progress and theresult of its coordination and monitoring activities including, but not limited to,relocation site preparation, the number and names of APs relocated (fromwhere to where), the schedule of relocation, the number and names of APsnot yet relocated, target completion of all relocation activities, and otherreports as may be required by the MCRP PMO; and
(cccvi) Provide data and documents as may be needed by EMA during Projectmonitoring and evaluation.
4522. National Housing Authority. The DOTr has partnered with the NHA to implement itssocialized housing program for the Project through the MOA signed on 3 September 2019. Inaddition to its role as a PIAC member, the NHA’s roles and responsibilities are as follows.
(i) Assist in the validation of beneficiaries by cross-checking the validated masterlist into the Alpha List;
286
(cccvii) Implement the process of the Community-based Initiative Approach(CBIA) to ensure that the selection of resettlement sites involves theparticipation of APs;
(cccviii) Identify and develop resettlement sites with all utilities, communityfacilities, and other related infrastructure;
(cccix) Closely coordinate all NHA resettlement activities with the MCRP PMOand LGUs;
(cccx) Assist LGUs and the DOTr in securing temporary accommodations orrental facilities for AHs for immediate transfer while waiting for the completionof housing units in resettlement sites;
(cccxi) Organize the transfer of non-landowner (NLO) families and providetransportation to temporary accommodations and resettlement sites65;
(cccxii) Submit quarterly reports of obligations and disbursement including areport of checks issued, as required by the MCRP PMO; and
(cccxiii) Perform other functions as necessary to effectively carry out theprovisions of this RAP relating to NLOs or informer settler families (ISFs).
4523. Philippine National Railways. The PNR is an attached agency of the DOTr and willprovide the MCRP PMO with assistance as follows.
(i) Provide required information and manpower to assist LGUs and the DOTr inconducting relocation activities particularly for AHs/APs during relocation;
(iv) Provide police force for the security of RAP implementers or for otherpurposes as needed.
4524. Department of the Interior and Local Government (DILG). The DILG as a nationalagency focused on local governments is responsible for the following.
(i) Gain cooperation of LGUs in the conduct of resettlement activities byexercising general supervision over local governments;
(cccxiv) Liaise with LGUs refusing the relocation of NLOs or ISFs from other citiesor municipalities and determine possible assistance to accommodaterelocatees;
(cccxv) Provide capacity building to LGUs, particularly, the LHB, the LocalHousing Office (LHO), and the Social Welfare, and Livelihood Office pertainingto the implementation of housing and resettlement programs as necessary;and
(cccxvi) Facilitate coordination between sending and receiving LGUs.
4525. Department of Trade and Industry (DTI). The DTI will provide support to the LRIPimplementation as follows.
(i) Provide industry road mapping per receiving LGU;
(cccxvii) Facilitate access to grants, government soft loan programs throughaccredited micro-finance institutions (MFIs) or the Small Business Corporation(SBC), other forms of financial assistance including shared service facilitiesand equipment, and other support for micro, small, and medium enterprises(MSMEs) through NGAs;
65 Funds to be provided by the DOTr from the RAP budget.
287
(cccxviii) In coordination with the Department of Labor and Employment (DOLE),provide training and help create a network for establishing online businessesor other home-based enterprises for interested APs including homemakers,female household heads, persons with disability (PWDs), and the elderly; and
(cccxix) Provide data and documents as may be needed by EMA during Projectmonitoring and evaluation.
4526. Small Business Corporation (SBC) under the DTI. The SBC will support the LRIPthrough its priority support as follows.
(i) Assist APs in accessing soft loans through government loan programs; and
(cccxx) Link qualified APs to MFIs and banks to access a higher loan amount to help them re-establish their businesses.
4527. Department of Labor and Employment (DOLE). The DOLE will similarly assist theLRIP through its mandate to support employment.
(i) In coordination with the MCRP PMO, provide Kabuhayan Starter Kits or facilitateaccess to the DOLE's Integrated Livelihood and Emergency Employment Program(DILEEP), Kabuhayan Restoration Package (PhP10,000), and Nego-Kart(Negosyo sa Kariton) Project to qualified/trained vulnerable and underprivilegedAPs;
(cccxxi) Provide labor market information on key employment generators (KEGs) and hard-to-filland in-demand occupations (domestic and overseas) to serve as a basis in identifying relevanttraining programs for APs through Technical Education and Skills Development Authority(TESDA);
(cccxxii) Conduct job fairs in affected areas;
(cccxxiii) Conduct career guidance and employment coaching to APs; and
(cccxxiv) Provide data and documents as may be needed by EMA during Project monitoring andevaluation.
4528. Philippine Overseas Employment Administration (POEA). The POEA providesassistance to overseas workers and promotes overseas employment for Filipinos. For theProject, it will conduct the following.
(i) Conduct job fairs for overseas employment opportunities;
(cccxxv) Provide a list of employment opportunities abroad that can cater to the type of availableskills and skills training completed by APs; and
(cccxxvi) Provide data and documents as may be needed by EMA during Project monitoring andevaluation.
4529. Technical Education and Skills Development Authority (TESDA). TESDA serves asthe Philippines' technical vocational education and training authority and will support the Projectas follows.
(i) In coordination with the MCRP PMO, KSAs, DOLE, and the DTI, conduct series ofskills training for APs;
(cccxxvii) Facilitate the provision of financial support to APs during training including food andtransportation allowances and compensation for their daily income loss (for wage-basedearners) incurred due to participation in training66;
66 Funds will be transferred by the DOTr to TESDA.288
(cccxxviii) Partner with other institutions offering technical and skills development coursesparticularly where needed training is not included in its regular course list;
(cccxxix) Offer scholarship or training vouchers to APs;
(cccxxx) Assist APs in acquiring desired certifications (such as NCII); and
(cccxxxi) Provide data and documents as may be needed by EMA during Project monitoring andevaluation.
4530. Department of Social Welfare and Development (DSWD). The DSWD is responsiblefor the protection of social welfare rights of Filipinos and the promotion of social development asfollows.
(i) In coordination with the MCRP PMO and KSAs, validate and qualify vulnerableand underprivileged APs based on their National Household Targeting System forPoverty Reduction;
(cccxxxii) Ensure that APs who are members of 4Ps will continually enjoy the benefits of theprogram and include in the program qualified APs who are not yet members of 4Ps;
(cccxxxiii) Validate senior APs for the Social Pension Program for Indigent Senior Citizens (SPISC)and facilitate their inclusion in the program;
(cccxxxiv) Assist APs who are not qualified under DTI/DOLE programs in qualifying for employmentand livelihood opportunities provided by the DSWD for the vulnerable and underprivileged, i.e.,Trabahong Lansangan Program (“street jobs program”), capacity building, capital resourceprovision, and market linkage;
(cccxxxv) Assign social workers to assist and monitor vulnerable and underprivileged householdsduring relocation and after relocation; and
(cccxxxvi) Provide data and documents as may be needed by EMA during Project monitoring andevaluation.
4531. Cooperative Development Authority (CDA). The CDA promotes sustained growth anddevelopment of cooperatives in the Philippines and will contribute to the LRIP as follows.
(i) Assist APs in organizing cooperatives;
(cccxxxvii) Conduct free seminars on cooperative development in areas accessible to APs;
(cccxxxviii) Facilitate the fast registration of APs’ cooperatives;
(cccxxxix) Provide links to funding agencies and grants to help APs’ cooperatives start theiroperation;
(cccxl) Provide market links for their products and services; and
(cccxli) Provide data and documents as may be needed by EMA during Project monitoring andevaluation.
4532. Home Development Mutual Fund (HDMF). The HDMF or Pag-IBIG Fund supportsadequate housings through an effective savings scheme. For the Project, it will conduct thefollowing.
(i) Provide a list of Pag-IBIG foreclosed properties to the MCRP PMO to inform APsof available options they have for resettlement;
(cccxlii) Conduct housing exhibits in each LGU twice before the ROW clearing; and
(cccxliii) Facilitate a fast approval of housing loans by assigning a special lane for APs.
289
4533. Presidential Commission for the Urban Poor (PCUP). The PCUP serves as the directlink of the urban poor to the government in policy formulation and program implementationaddressed to their needs. For the Project, the PCUP will conduct the following.
(i) Assist in serving the Notice to Vacate/Notice of Eviction in case that APs refuse tosign an ADRI;
(cccxliv) Participate in pre-relocation consultation meetings with APs;
(cccxlv) Assist the MCRP PMO in linking with concerned agencies as regards the provision ofbasic services and facilities such as roads, schools, livelihood sites, material recovery facilities(MRFs), and clinics;
(cccxlvi) Monitor all demolition and eviction activities involving underprivileged and homelesscitizens in accordance with its mandate and Executive Order (E.O.) No. 152 as amended byE.O. 708 and E.O. 69;
(cccxlvii) Prepare reports on the compliance or non-compliance of the activities;
(cccxlviii) Document the actual conduct of relocation and dismantlement of structures and orientthe MCRP PMO on the guidelines in the implementation and supervision of actual demolitionand eviction pursuant to Sections 27, 28, and 30 of R.A. 7279 and its Implementing Rules andRegulations (IRR); and
(cccxlix) Facilitate a pre-demolition conference whenever necessary.
4534. Commission on Human Rights (CHR). The CHR is an independent constitutionaloffice with the primary function of investigating all forms of human rights violations involving civiland political rights in the Philippines. For the Project, the CHR will serve as a third-party monitoras follows.
(i) Monitor the conduct of eviction and demolition; and
(cccl) Monitor the provision of basic social services at relocation sites.
4535. Department of Agrarian Reform (DAR). DAR is responsible for the redistribution ofagrarian land in the Philippines. It will conduct the following.
(i) Provide recommendations and inter-agency support to fast-track land conversionfor the Project and social housings, where needed;
(cccli) Provide and validate data on land ownership obtained through comprehensive landreform programs such as, but not limited to, emancipation patents and certificate of landownership award (CLOA);
(ccclii) In coordination with LGUs, support the MCRP PMO in researching land for landopportunities for APs;
(cccliii) In coordination with LGUs, facilitate land conversion for social housings;
(cccliv) Identify agricultural lands suitable for conversion to the residential use for socializedhousings; and
(ccclv) Provide data and documents as may be needed by EMA during Project monitoring andevaluation.
4536. Department of Environment and Natural Resources (DENR). The DENR isresponsible for governing and supervising the exploration, development, utilization, andconservation of the country's natural resources. Specifically, for the Project, the DENR willconduct the following.
(i) Facilitate the fast titling of untitled land that is suitable for relocation sites;290
(ccclvi) Provide inter-agency links to fast-track the process of securing the environmentalcompliance certificate (ECC) and other environmental permits related to social housings;
(ccclvii) Recommend solutions to issues related to land titling; and
(ccclviii) Facilitate the issuance of certifications for alienable and disposal lands as supportingdocuments to untitled lands that will be subject to ROW acquisition.
4537. Department of Finance (DOF). The DOF formulates revenue policies that will ensurefunding of critical government programs that promote welfare among Filipinos and accelerateeconomic growth and stability. For the Project-related resettlement and land acquisitionactivities within this RAP, the DOF will have specific duties as follows.
(i) Direct, through an appropriate circular, the Bureau of Internal Revenue (BIR) toallow partial payment of an estate or inheritance tax for ROW-affected propertiesinstead of paying for all properties owned by the deceased;
(ccclix) Facilitate the issuance of documentary requirements relating to EJS cases; and
(ccclx) Facilitate the on-time issuance of BIR ruling and electronic certificate authorizingregistration (eCAR) for the lot titling for relocation sites.
4538.4539. Land Bank of the Philippines (LBP) Based on the MOA between LBP and DOTr, theLBP’s role is defined as the distribution agent, whose main task is to facilitate the timely, orderly,and transparent distribution of the Cash Entitlements to all PAPs. Likewise, the DistributionMechanism of entitlement shall be facilitated by LBP in coordination with DOTr-PNR's NSCR-ExProject Management Office for the implementation of this MOA (“PMO”), and shall be funded byDOTr initially under Republic Act No. 11465. It will undertake the following specificresponsibilities:
a. Production and distribution of Cash Cards to PMO certified PAP-Beneficiaries(“Cash Cards Distribution”); and
b. Crediting of Cash Entitlements to the PAP-Beneficiaries' Cash Cards from theEntitlements Program Funding Account upon PMO’s instruction (“Cash CardsCrediting”).
68. Site-Specific (Local-Level) Partner Institutions
4540. Site-specific partners refer to offices, units, or special bodies that have an implementingarm in a specific city or municipality and will work directly with APs.
4541. RAP Implementation and Management Committee (RIMC). The RIMC will be thevenue for the MCRP PMO to coordinate activities in the RAP implementation at the city ormunicipal level. It will be responsible for channeling information across LGU offices and theMCRP PMO to bridge gaps in policies and resources and promptly deliver assistance andresponses to APs. The MOA for the RIMC creation has been prepared, and the relevantendorsement letter will be transmitted to each LGU in July 2020 upon the finalization of theMOA.
4542. The RIMC will have the following functions.
(i) Draft and approve Project-specific policies applicable at the local level that arenot against and may be not covered by the provisions of the approved RAP;
291
(ccclxi) If necessary, request the municipal or city council to pass a resolution toreduce penalties for delinquent business operators, i.e., those operatingwithout business permits and real property taxpayers;
(ccclxii) Oversee the planning, implementation, and monitoring and evaluation ofresettlement-related activities including, but not limited to:
Implementation and monitoring of rental allowances; Development, establishment, and implementation of public rental
facilities; Implementation of self-relocation options; and Provision of resettlement assistance to legal/private affected
households.
(ccclxiii) Implement the LRIP particularly for the following:
Affected businesses, e.g., commercial, agricultural, aquaculture, institutional, industrial, and manufacturing;
Affected micro-enterprises (home-based or non-home based); and Displaced employees/workers of affected businesses. Gender-responsive interventions such as women participation in skills
training, access to credit facilities to enhance homelife and income of affected APs.
(ccclxiv) Act as the implementing arm of the TWG and the MCRP PMO for theactual execution of plans and programs for resettlement, livelihood restoration,and the provision of social services at each LGU;
(ccclxv) Consolidate and mobilize resources at the local level to hasten efficientimplementation of the RAP; and
(ccclxvi) Review, deliberate, and provide resolutions and actions on grievanceselevated to the RIMC.
4543. Table X -147 presents the composition of the RIMC.
4544. Table X-147: Composition of the RIMC4545. Committee 4546. Member
4547.1
4548. Main Committee Chairman: Project Director of the DOTr's MCRP PMO Co-Chairman: Chief Executive, city or municipality
4549. Members Representatives of the DOTr's Legal Office Representative of the DOTr's Right-of-Way and Site Acquisition (ROWSA) Committee Representative of a LGU's Administrator/Legal Office Head of a LGU's Housing and Resettlement Office (HRO)/LHO Head of a LGU's Local Economic and Investment Promotions Office (LEIPO)/PESO/City Development Office (CDO) Representative of a LGU's Assessor’s Office Representative of a LGU's Engineering Office Representative of a LGU's Business Permit and Licensing
292
4545. Committee 4546. MemberOffice (BPLO) Representative of a LGU's Social Welfare Department Representative Representative of the DTI Representative of the NHA Barangay chairperson Representative of formal APs Representative of NLO families
4550.2
4551. Sub-committee on ROW Acquisition
4552. Head: MCRP PMO4553. Members
Representative of the DOTr's Legal Office Representative of a LGU's Legal Office Representative of a LGU's Assessor’s Office Representative of a LGU's BPLO Representative of a LGU's Engineering Office Representative
4554.3
4555. Sub-committee on Relocation
4556. Head: MCRP PMO4557. Members
Head of a LGU's LHO Representative of the NHA Representative of the CHR Representative of a LGU Representative of NLO families
4558.4
4559. Sub-committee on Livelihood Restoration
4560. Head: MCRP PMO4561. Members
LGU's LEIPO/PESO/CDO Representative of the DTI Representative of TESDA Representative of a LGU's SWD Representative of legal APs Representative of NLO families Representative of CSOs
4562.5
4563. Sub-committee on Grievance
4564. Head: MCRP PMO4565. Members
Representative of the DOTr's Legal Office Representative of a LGU's Legal Office Barangay chairperson Representative of legal APs Representative of NLO families
4566. Source: JDT
4567. Table X -148 describes the roles and responsibilities of RIMC members.
4568. Table X-148: Roles and Responsibilities of RIMC Members4569. Agency/
Organization4570. Roles and Responsibilities
4571.1
4572. Project Manager of the DOTr`s MCRP PMO
Serve as the RIMC Chair and preside on all meetings; Gather all other issues related to the Project, ROW acquisition, relocation, livelihood restoration, and grievances anddiscuss appropriate actions with RIMC members; and Assign a dedicated secretariat.
4573.2
4574. LGU's Chief Executive
Serve as the RIMC Co-chair; Make available local resources, networks, and programs for
293
4569. Agency/Organization
4570. Roles and Responsibilities
the Project to prevent duplication of works and tasks; Identify land for relocation sites and public rental facilities; In coordination with local offices, make information and resources available and accessible to Project implementers; and Instruct LGU officers, staff, and barangay officials to give full cooperation to Project implementers which includes the on-time provision of services and, if needed, coordination to other agencies.
4575.3
4576. Representative of the DOTr's Legal Office
4577.
Provide a legal opinion on EJS cases and other land acquisition issues; Coordinate with NGAs and LGU offices to determine how APscan be assisted by the DOTr in securing documents regarding their properties; Draft and review Project-related policies; and Initiate the filing of expropriation cases if needed.
4578.4
4579. Representative of the City Administrator/Legal Office
4580.
Provide a legal opinion on grievances and issues related to local policies and processes; and Provide a legal advice on how APs can be assisted by LGUs in securing documents regarding their properties.
4581.5
4582. Barangay chairperson
4583.
Provide accurate information to constituents; Gather issues from barangay residents and businesses and present them to the committee for discussion; and Disseminate accurate information to barangay residents and businesses as discussed in the committee meeting.
4584.6
4585. Representativesof formal APs
4586.
Represent formal APs in the committee and represent the committee to the formal sector; Gather issues and questions of APs and present them to the committee for discussion; Make clarifications on agreements and disseminate accurate information to other APs; and Gather and present recommendations of formal APs on certain issues.
4587.7
4588. Representativesof NLO families/ISFs
Represent informal APs in the committee and represent the committee to informal APs; Gather issues and questions of APs and present them to the committee for discussion; Make clarifications on agreements and disseminate accurate information to other APs; and Gather and present recommendations of NLO families and ISFs on relocation issues.
4589.8
4590. Representativesof PIAC member agencies
Attend meetings and provide updates on the progress of activities and programs assigned to their respective agencies; and Report the status of the RAP implementation at the LGU level to the TWG and PIAC representatives and inform them of implementation issues that can be addressed at the higher level of their respective agencies.
4591.9
4592. Other members4593.
Attend meetings and provide updates on the progress of tasksassigned to their office/unit; and Inform the committee of implementation issues and recommend solutions.
4594. Source: JDT
294
4595. As far as the four RIMC`s sub-committees are concerned, their roles and responsibilitiesare summarized in Table X -149.
4596. Table X-149: Roles and Responsibilities of the RIMC`s Sub-Committees 4597. Sub-
committee4598. Function 4599. Roles and Responsibilities
4600. Sub-committee on ROW Acquisition (ROWA)
4601. The Sub-committee on ROWA will work with the DOTr's TWC and ROWSA Committee for the acquisitionof land and other real properties. It will be composed of representativesfrom the DOTr's ROWSA Committee and Legal Office, and the following LGU offices: (i) Legal Office, (ii) City Assessor’s Office, (iii) BPLO, and (iv) Engineering Office. A representative from legal APs will also be electedas a member of this sub-committee.
4602.
Monitor the issuance of the NoT; Review and verify a list of affected real properties; Conduct due diligence on documentspresented by a property claimant; Expedite, as appropriate, the issuance of a certified true copy of tax declaration for land and its improvements or improvements only as well as other documents that may be required. Expedite, as appropriate, the issuance of tax clearances; Facilitate the issuance of business permits/licenses to APs who operate their own businesses; Make representation, as appropriate,to city/municipal councils to request for necessary resolutions that would relax stringent local ordinances that may inflict financial burdens to APs; Identify other means to assist APs in securing necessary documents to avoidexpropriation as much as possible; and Prepare a list of legal APs who refuse the OTB and endorse it to the DOTr’s Legal Department for the filing of expropriation cases.
4603. Sub-committee on Relocation
4604.
4605. The Sub-committee on Relocation will consist of LIAC and be chaired by mayors. Please refer to the section below for further details on the composition and roles and responsibilitiesof LIAC.
4606.
Validate a list of affected NLO families and ISFs; Verify the eligibility and pre-qualify the families; Finalize a list of vulnerable households; Facilitate the issuance of necessary permits and certificates for the ROW clearing; Facilitate the issuance of building permits to developers of relocation sites; Link APs to developers with existing Pag-IBIG properties within the same city or municipality which they are coming from; Facilitate the construction of basic and support social service facilities suchas daycare centers, health centers, schools, and livelihood centers; Coordinate with DepEd to facilitate the seamless transfer of students;
295
4597. Sub-committee
4598. Function 4599. Roles and Responsibilities
Coordinate with the DOH to facilitate the seamless transfer of health records of APs to continue to have access to health services in their new locations; and Ensure that all activities related to clearing and demolition of structures or eviction are in accordance with provisions of the relevant laws and ADBand JICA guidelines.
4607. Sub-committee on Livelihood Restoration
4608. The Sub-committee on Livelihood Restoration will work with the DOTr's MCRP PMO in the LRIP implementation. It will be composed of representativesfrom an LGU's LEIPO/PESO/CDO/SWD, the DTI, TESDA,and legal and informal APs.
Prepare an action plan for the LRIP in coordination with the concerned LGU offices, the DTI, and TESDA; Identify gaps and address them; Execute the action plan along with the creation of special programs for affected APs and businesses; In coordination with TESDA and other government agencies, conduct a series of skills training and financial management training; Inform APs on skills required during construction and operation of the Project; Assist affected businesses and APs who want to engage in MSMEs in re-establishing/establishing their businesses; Conduct due diligence on the number and identity of employees who will lose jobs due to business closure asa result of the ROW acquisition; Assist displaced wage-based APs in finding similar works with equal pay in aplace near relocation sites; Support city or municipal social welfare departments in the provision of rehabilitation assistance to vulnerable groups amounting to PhP15,000 in the form of skills training and development; and Lobby an LGU's PESO or livelihood office for the prioritization of livelihood implementation.
4609. Sub-committee on Grievance
4610. The Sub-committee on Grievance will work hand-in-hand with the DOTr's MCRP PMO in the GRM implementation. It will be composed of representativesfrom the DOTr's Legal Office,an LGU's City Legal Office, barangay chairperson, and formal and informal APs.
Maintain the Help Desk that is accessible to APs; Provide responses or offer solutions for grievances in a timely manner; Endorse unresolved grievances to appropriate levels of the GRM; and Document grievance processes which APs go through and how they areresolved.
296
4611. Source: JDT
4612. Figure X -33 shows the composition and structure of the RIMC as of February 2020.
4613. Figure X-33: Composition and Structure of the RIMC (as of February 2020)4614. Source: JDT
4615. Local Government Units. Local relocation practices distinguish “sending LGU” from“receiving LGU”. The sending LGU refers to the LGU where APs will be displaced, while thereceiving LGU refers to the LGUs where APs will be transferred or resettled. The roles andresponsibilities of sending and receiving LGUs are described separately below.
(i) Sending LGU
Mobilize local resources, networks, and programs for the Project to prevent duplication of works and tasks;
Initiate or endorse the drafting of needed policies to align local ordinances and Project resettlement policies upon the request of the MCRP PMO or theRIMC;
In coordination with LGU offices and departments, make information available and accessible to Project implementers;
Inform the MCRP PMO on the dynamics within LGUs and how APs can be assisted in securing documents regarding their properties;
In coordination with the MCRP PMO and the NHA, provide assistance in therelocation of NLO families and ISFs;
Whenever possible, forge a partnership with the DOTr in the development ofpublic rental facilities;
Assist the DOTr and the NHA in verifying APs who are not in the original master list but are claiming to be bona fide residents prior to the declared cut-off date;
Conduct a pre-relocation orientation to qualified APs jointly with the NHA; Provide an inventory of public and private lands and identify possible areas
for relocation sites within the LGU;
297
Identify off-city or off-municipality sites (if in-city or in-municipality relocation is unavailable and recommend the local executive to forge an agreement with the proposed receiving LGUs regarding accommodations of relocatees from the LGU;
Facilitate the fast issuance of business permits and licenses for affected businesses;
Instruct LGU officers, staff, and barangay officials to give full cooperation to Project implementers for the on-time provision of services and, if needed, coordination to other agencies; and
Facilitate the issuance of the Certificate of Compliance by the LHO/LHB or substantially an equal body prior to the displacement of APs and the ROW clearing which shows that all legal requirements are satisfactorily complied.
(ccclxvii) Receiving LGU
Issue a memorandum order to all LGUs' department heads to fast-track the issuance of permits and licenses related to resettlement and development ofsocialized housings;
Forge a partnership with the DOTr and KSAs in the development of relocation sites or public rental facilities;
Manage and maintain socialized housing sites or public rental facilities within the city or municipality which are equipped with public facilities (e.g., roads and drainage), utilities (e.g., power, water, and communications), community or social service facilities (e.g., schools, health centers, and livelihood centers), and other services (e.g., solid waste management and peace and order);
Create a policy in line with the RAP on the occupancy and collection of rentsfrom APs who will occupy the public rental facilities;
Propose and create a policy on the use of (amortization) reflows; and Create local programs and policies geared towards making relocation sites
sustainable and livable.
4616. Local Inter-Agency Committee. The LIAC forms a part of the RIMC as the Sub-committee on Relocation. The composition of the LIAC varies by LGUs, but typically the LIAC iscomposed of the members listed in Table X -150Table X -150.
4617. Table X-150: Composition of the LIAC4618. Position 4619. Member
4620.1
4621. Board members Chairman: Mayors of LGUs affected by the Project Co-chairman: Head of the Urban Poor Affairs Office (UPAO) or the Planning Office, or city/municipal administrators
4622.2
4623. Members
4624. City or municipal representatives
LGU's Legal Office Head of the UPAO/Urban Settlements Office/HRO Head of the City or Municipal SWD Office
4627. NGA representatives
DOTr DHSUD (formerly HUDCC) NHA PNR CHR PCUP
298
4618. Position 4619. Member Other government agencies for livelihood and skills training provision at the local level (e.g., DOLE, TESDA, and DTI)
4630. Representatives from NLO families and ISFs4633. NGO/CSO
4634. Source: JDT
4635. LIAC is composed of the sub-committees including all or any of the following.
(i) Social preparation with community organizing;
(ccclxviii) Beneficiary selection, awards, and arbitration or the Beneficiary Selection,Awards and Arbitration Committee (BSAAC);
(ccclxix) Legal and security; and/or
(ccclxx) Relocation and livelihood restoration.
4636. LIAC members will meet periodically, attend all open dialogues, and observe alldemolition works to secure the rights of affected NLO families and ISFs as well as preventconflicts. The roles and responsibilities of LIAC are summarized below.
(i) Facilitate orderly, peaceful, and humane relocation of NLO families and ISFsoccupying affected areas;
(ccclxxi) Facilitate and expedite activities of the Social Preparation Committeeduring pre-relocation, actual relocation, and post-relocation;
(ccclxxii) Supervise and evaluate applicants and beneficiaries of NLO families andISFs through the BSAAC;
(ccclxxiii) Ensure that all qualified NLO families and ISFs are relocated toacceptable, secure, and affordable resettlement sites that are provided withbasic utilities, facilities, and services;
(ccclxxiv) Enable all NLO families and ISFs as APs to participate in planning andimplementing livelihood and estate management programs through acoordinative and integrated multi-sectoral approach;
(ccclxxv) Resolve grievance concerns elevated at the LIAC level; and
(ccclxxvi) Monitor the RAP implementation as well as the operation of its sub-committees.
4637. In summary, the RIMC will be a coordination committee for the overall acquisition of theROW in each LGU. Chaired by the DOTr, it will lead and initiate all ROW acquisition activitieson the ground including resettlement of all APs such as (i) business owners, (ii) landowners, (iii)legal and informal households, and (iv) all other persons impacted by the Project. LIAC, which isnormally created for mainstream resettlement Projects of LGUs for NLO families and ISFs, willserve as a sub-committee for the RIMC which is dedicated for the relocation of affected NLOfamilies and ISFs, based on the guidelines set forth in this RAP.67 The RIMC will have anoversight power over the relocation of affected NLO families and ISFs to ensure that theconditions set forth in this RAP are followed.
4638. Aside from main roles of LGUs and LIAC, LGU offices will carry out specific tasks asmembers of the RIMC as described below.
67 Please refer to resettlement Projects of LGUs as part of their mandates to clear danger areas from NLO familiesand ISFs.
299
(i) Local Housing Board, Local Housing Office, or City Urban Development andHousing Office
Serve as the local clearing house of all relocation and resettlement activities for NLO families and ISFs, and resolve issues and concerns that may arise during the validation of census and tagging, dismantling operations, and planning and development of resettlement sites;
Guide the DOTr's MCRP PMO to acquire the Certificate of Compliance prior to the displacement of APs and dismantlement of structures;
Assist in the identification of suitable sites for public rental facilities and development thereof; and
Maintain and manage relocation sites and public rental facilities (post-relocation).
(ccclxxvii) LGU's Public Employment Service Office or Livelihood Office
Identify local livelihood programs that can include APs; Provide information on local employment that can be offered to APs; and Prioritize matching and provision of jobs to APs.
(ccclxxviii) LGU's Assessor’s Office
Provide property-related information as may be needed by the MCRP PMO and the RIMC or LIAC;
Advise or assist APs to secure necessary documents related to their affected properties; and
Provide a list of private- and government-owned idle land that may be suitable for relocation sites or public rental facilities within each LGU.
(ccclxxix) LGU's Engineering Office
Provide information or building plans of affected structures; and Facilitate fast issuance of building permits for relocation sites.
(ccclxxx) LGU's Business Permits and Licensing Office
Facilitate fast issuance of business permit and licenses for affected businesses; and
Create a special lane or window for affected businesses and fast-track applications for permits and licenses.
(ccclxxxi) LGU's Social Welfare Office
Implement the provision of rehabilitation assistance to vulnerable groups amounting to PhP15,000 per household in the form of vocational training and development;
Re-evaluate the profile of vulnerable APs who are not yet beneficiaries of DSWD programs, assess their eligibility, and facilitate membership to DSWD programs if they are found qualified;
Provide social workers or caregivers to vulnerable households during relocation; and
Provide social workers to monitor vulnerable families after relocation.4639.
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XI. CHAPTER 11: RAP IMPLEMENTATION SCHEDULE
A. Implementation Schedule of Construction
4640. Civil work contracts can be awarded after the detailed design (DD) resettlement actionplan (RAP) has been approved by the Asian Development Bank (ADB) and the JapanInternational Cooperation Agency (JICA) and endorsed by the Department of Transportation(DOTr). Civil works will prioritize project areas that are free and clear.68 Works on land that haveresettlement impacts can only commence after compensation and required assistance havebeen provided in full. The project completion is expected by end of September 2024.
B. Resettlement Action Plan Schedule
4641. The general implementation schedule for the RAP is shown in Figure XI -34. Thisschedule will be updated periodically by the Project Management Office (PMO) and sharedamong the members of the Project Inter-agency Committee (PIAC), the Technical WorkingGroup (TWG), the RAP Implementation Management Committee (RIMC), and the LocalHousing Board (LHB) or the Local Inter-agency Committee (LIAC). For the institutionalarrangements for RAP implementation, please refer to Chapter 10. The activities presented inFigure XI -34 are explained in detail below:
C. RAP Implementing Institutions
4642. Creation of PIAC, TWG, RIMC, and GRM. It refers to the creation of special units toassist the DOTr in implementing the RAP. As discussed in Chapters 9 and 10 of this RAP, PIACand TWG have been created, and local help desks were set up at each LGU in the Malolos-Angeles Section. For the RIMC creation, the memorandum of agreement (MOA) has beenprepared and will be transmitted to each LGU in July 2020.
4643. MOA Between the DOTr and the NHA and Transfer of Funds. The preparation ofrelocation sites for informal settler families (ISFs) are being handled by the NHA for the Malolos-Clark Railway Project (MCRP). The MOA with the NHA has been signed on 3 September 2019,and transfer of funds are targeted in July 2020 (Appendix 6).
4644. Coordination with LGUs Regarding the Scope and Relocation. The DOTr, throughthe MCRP PMO, coordinates with the sending/receiving LGUs and the RIMC and LHB/LIAC ofrespective LGUs, and determines the assistance that must be provided to facilitate timelyrelocation and accommodation of APs. During this coordination, the DOTr also determines thebasic social services and livelihood assistance that may be provided by LGUs and identifies thegaps that need to be addressed. Information, education, and communication (IEC) meetingswith each affected LGU were held from September to October 2018 and from June to July 2019.Consultation meetings along with other agencies and site visits to respective relocation sites willbe carried out once movement restrictions in specific LGUs are lifted. In addition, LHB or LIACmeetings and other livelihood coordination meetings with LGUs will be in August 2020.
4645. Appointment of AP Representatives to the RIMC and LIAC. This indicates when aspecific AP is nominated and selected as a representative of APs in their respectiveRIMC/LIAC.
68 Free and clear land refers to areas without involuntary resettlement impacts, i.e., no legally recognizable claims on land, no existing litigation/dispute of the land, absence of non-land assets (structures, trees, crops, etc.) and/or non-usage for income generating purposes.
301
4646. Set-up of the Local Help Desk and GRM. The GRM was set up during the DD phaseand will continue to be under operation until the completion of construction for the project. TheGRM`s local help desk was established in respective LGUs since June 2019 and operationaltwice a month to address queries and concerns raised from APs. The local help desk is staffedwith the DOTr`s staff and LGU representatives. The details on the GRM process are discussedin Chapter 9.
4647. Land Requisition. The use of the land of the Philippine National Railways (PNR) andROW for the MCRP will be done through government to government arrangement specially sothat the PNR is the implementing agency (IA) along with the DOTr in this project. The PNR`sland will be required and recovered from its current informal occupants.
D. Relocation of Non-Landowner Affected Persons
4648. Initial Preparation of Relocation Site Options. Based on the final master list for allAHs in Malolos, Calumpit, Apalit, Minalin, Sto. Tomas, San Fernando and Angeles, the NHA willconstruct the housing units in the designated relocation site for the MCRP for all eligible AHs.AHs that opted for self-relocation will be provided with assistance to avail of socialized housingfrom developers of Pag-IBIG housing projects.
4649. Joint Validation of Affected Non-landowner APs. Validation is a part of the process ofidentifying the APs for the master list. This also includes due diligence on the ownership ofaffected structures, identifying APs (renters/sharers) who may be evicted by property ownersdue to the project and establishing that all families occupying the structures at the time of cut-off-date are included in the master list. Joint validation activities were conducted by DOTr alongwith other agencies from July 2019 to February 2020. Supplementary validation works wereundertaken from March to June 2020 for business owners and their employees.
4650. Occupancy Verification. A validation process wherein the joint validation teamconsisting of the DOTr, PNR, NHA, and LGUs verifies the actual residents and businessesduring the cut-off date in the affected structures based on the DD master list. This was done inJuly 2019 to February 2020.
4651. Pre-qualification of APs (Verification of Eligibility). This process was facilitated bythe DOTr during the joint validation and stakeholder consultation meetings to verify the eligibilityof APs. Other information was based on SES results. The following eligibility criteria wereverified:
(i) Monthly income of affected households and businesses;
(ccclxxxii) Vulnerable households;
(ccclxxxiii)Elderly household heads who do not have or do not live with their childrenthat is of legal age;
(ccclxxxiv)APs who will relocate to designated in-city relocation site per LGUindicating the transportation cost per family;
(ccclxxxv) Wage-based APs who will be relocated far from their current work but willcontinue working there after relocation69;
(ccclxxxvi)APs who will not be able to continue their current livelihood or continueworking in the same micro- business operator/owner;
69 For the provision of commuting allowance.
302
(ccclxxxvii) Employees of affected businesses who will temporarily orpermanently lose their jobs; and
(ccclxxxviii) Renters who prefer to continue renting and are eligible for theproject`s assistance
4652. Preparation of the Final Master List. As a result of the validation, the final master listwas prepared including the final entitlements due to each APs.
4653. Community Consultation. Once the movement restrictions are lifted, proposedrelocation site submitted by NHA developers are evaluated, community organizing will be heldduring the process of the Community-based Initiative Approach (CBIA): (i) another round ofpresentations of site and housing design options of existing sites/sites proposed by developers,(ii) tripping/site inspection, and (iii) AHs to endorse their preferred house designs in theirpreferred resettlement sites.
4654. Development of Relocation Sites. Once the developer was selected, the NHAexecutes the agreement and contract, followed by securing of permits and licenses, sitedevelopment, construction of housing units and connection of utilities.
4655. The second round of SCMs conducted in March and June 2020 have informed APsabout designated relocation sites, relocation options (self-relocation or assisted resettlement),livelihood restoration plan, and other livelihood opportunities, i.e., construction and operationphase of the project.
4656. Appraisal of Affected Properties. Appraisal of affected properties to assesscompensation rates for structures, trees and crops is to be conducted by IPA/GFI. The result ofthis appraisal becomes the basis of the amount indicated in the Notice of Compensation to eachAP. Following determination of compensation to be paid, DOTr will update the RAP withrespect to the updated budget and submit to ADB and JICA for review.
4657. Issuance of Agreement to Demolish and Remove Improvements. Once the RAP isapproved by JICA and ADB, together with a contract, an agreement to demolish and removeimprovements (ADRI) will be sent to APs to allow the DOTr to enter the property and demolishon an agreed date after the payment of compensation.
4658. Payment of Compensation and Other Forms of Assistance. Based on the result ofpre-qualification and verification of eligibility of APs and upon presentation of requireddocuments, i.e., barangay certification on the ownership of ISF structures, the MCRP PMO willfacilitate payment of compensation to APs. Initial compensation to APs will start after theapproval of the DD RAP by JICA and ADB. The livelihood and other forms of assistance will beprovided from pre-relocation stage up to the end of the final transfer of APs in the relocationafter housing construction. The DOTr, however, recognizes that livelihood assistance may beextended by the final relocation date due to the project`s duration and for ensuringsustainability.
4659. Relocation of AHs. The schedule of relocation is reflected in Figure XI -34 with targetdates of transferring AHs from affected areas to the permanent designated relocation site perLGU. In case the relocation site is still being developed, they will move to temporaryaccommodations and receive a rental subsidy until the completion of permanent relocationsites.
4660. Clearing of the ROW. A total of 1,382 APs will decide whether or not to demolishstructures by themselves. If the structures are not demolished by the time agreed in the ADRI,
303
the MCRP PMO or the NHA will demolish structures. Prior to demolition, a demolition planincluding schedule, manpower, and logistics will be prepared, and a demolition team will beformed. All demolition activities will be documented, and a demolition report will be preparedand submitted to the DOTr.
4661. Relocation of Utilities. MCRP PMO will coordinate with utility owners for them to clearutilities from the ROW and ascertain if any involuntary resettlement impacts would result. DOTrwill take responsibility for provision of compensation and assistance as per the requirements ofthe RAP in case impacts cannot be avoided.
E. Provision of Livelihood Restoration and Improvement Program
4662. Coordination with Relevant Agencies on Provision of Livelihood. Coordination withrelevant agencies has been started prior to the LRIP implementation and will continue in thecourse of the LRIP implementation. The RIMC in each LGU is responsible for monitoring APswho were provided with livelihood assistance and making sure that the livelihood and income ofAPs have been at least restored to or improved from the pre-project condition upon projectcompletion.
4663. Preparation of the Master List of APs to Participate in the LRIP. Once the LRIPmaster list of AHs is finalized, RIMC in each LGU will further verify the household members whowill avail of the LRIP. The beneficiaries under each provision of the LRIP for each household willbe confirmed.
4664. Necessary Arrangement for APs to Enroll in Training During CommunityOrganizing. During community organizing, the DOTr informs APs about the LRIP and itsarrangements. Additional consultation meetings will be organized at each LGU to inform theAPs.
4665. LRIP Implementation. The LRIP implementation is started prior to relocation to ensurethat APs will be well-equipped with skills and required resources to re-start their lives at therelocation sites as well as in their temporary accommodations. The LRIP implementation andmonitoring will be extended beyond actual relocation to help ensure the maximum possiblebenefits to APs who will be covered. The details on the packages and livelihood assistance areindicated in Chapter 8.
4666. Monitoring of the LRIP Implementation. The MCRP PMO will conduct internalmonitoring of the LRIP implementation and identify gaps and recommend solutions to thesegaps. Additionally, the external monitoring agent (EMA) will be hired to conduct monitoringduring the whole duration of the project.
F. Relocation of Utilities
4667. A number of utilities will be required to be relocated from the project affected areascovered under this RAP. These utilities consist of water pipes, electrical posts,telecommunication lines, as well as high-voltage power lines. Utilities will be relocated withinexisting Government easements wherever possible. 4668.4669. In the event that public utilities relocation produces involuntary resettlement impacts,then such impacts will be considered as impacts under the scope of RAP and mitigated in linewith the provisions of this RAP.
304
4670. All relocation of utilities will be undertaken by the utility owners. DOTr will takeresponsibility for the provision of compensation and assistance to those affected in the event ofutility relocation causing impacts. The relocation will be undertaken in coordination withrespective utility providers and/or government entities. DOTr has set aside a provisional sum inthe overall RAP budget to meet the costs of such eventualities.
4671. During preparation of the DED-based RAP, detailed planning of utility relocation andassessment of potential impacts had not yet been undertaken. Accordingly, during RAPimplementation, the following arrangements will be undertaken to assess, manage and mitigatepotential impacts:
i. Utility owners will prepare utility relocation plans that include locations of therelocation sites, implementation arrangements and timing of the relocation.
ii. Copies of these plans will be submitted to LIAC and DOTr for review and screening.DOTr will conduct due diligence and site inspections of the utility relocation sites toassess the extent (if any) of involuntary resettlement impacts, such as loss ofproperty, displacement of livelihood or residence.
iii. DOTr will prepare a due diligence report and submit to LIAC, ADB and JICA forreview and comment. The report will include details of the locations of the utilityrelocations, existing ownership and use of the land to be used, assessment ofimpacts and recommendations with respect to further required actions to mitigateany identified impacts.
iv. In the event that involuntary resettlement impacts are identified, DOTr will preparean Addendum RAP describing the impacts, mitigation measures, budget andimplementation arrangements in line the principles set out in the project’sResettlement Framework. Any such Addendum RAP will require DOTrendorsement along with ADB and JICA review and concurrence.
v. Relocation of utilities along with implementation of any associated Addendum RAPwill be covered under the RAP’s internal and external monitoring arrangements.
vi. The process of coordination between utility owners, LGUs, other relevant publicentities and DOTr will be facilitated by the LIAC and RIMC.
G. Monitoring of RAP Implementation
4672. Engagement of the Monitoring Agent. The internal monitoring is undertaken by theMCRP PMO, while the external monitoring is undertaken by the EMA engaged by the DOTr.(Please refer to Chapter 13 for details on internal and external monitoring.) Following finalizationof the Replacement Cost Study (RCS) report prepared by the Independent Property Appraiser/Government Financing Institution (IPA/GFI) and prior to RAP implementation, the EMA preparesa report to validate the IPA valuation methodology and that compensation unit rates are atreplacement cost. Furthermore, upon completion of disbursement of compensation andassistance in any given section, the EMA will prepare a completion report to provide verificationif resettlement implementation is in accordance with provisions of the approved DED RAP, andif payment of compensation and other entitlements to APs were in accordance with theentitlement matrix and fully disbursed to APs in the area in question. The compliance report willbe reviewed by ADB and JICA prior to clearance to the contractor for civil workscommencement for each section.
305
H. Arrangements for the RAP Implementation
4673. Implementation of the RAP has been undertaken by the MCRP PMO with assistancefrom the RIMC of each LGU and in coordination with the LHB or LIAC. The roles andresponsibilities are briefly described in Chapter 10. As reflected in the implementation schedule,the creation of the MCRP and coordination with the LHB/LIAC has been started from April 2019.As part of the GRM, the central hotline was set up in November 2018, and the local help deskwas established for each concerned LGU from July to August 2019.
I. Information Dissemination and Consultation
4674. All information on resettlement activities from pre-relocation to post-relocation was madeavailable to APs and concerned parties from the project planning stage in accordance with thecommunication plan developed. Project updates including resettlement information will beprovided throughout the project cycle. This includes information on the legal framework,eligibility criteria, processes and documents for relocation and receiving just compensation,options for resettlement sites, as well as compensation and other forms of assistance.Mechanisms for information disclosure at each stage of project implementation is presented inChapter 7 of this RAP.
306
4675. Figure XI-34: RAP Implementation Schedule
4676.
1 2 3 4 5 6 7 8 9 # # # 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 # # #
A. Establishment of RAP Implementation Institution
1 Mobilize LHB/ LIAC/ RIMC/ PIACLGU (Chair)/ MCRP- PMO (Co-chair)
2 Signing of MOA with NHA and fund transfer MCRP-PMO/NHA
3Coordination with LGU and RIMC members regarding resettlement scope and schedule
MCRP-PMO/ PNR/ LHB/ LIAC
4 Appointment of AH representative in the RIMC LHB/ LIAC/ MCRP PMO/ RIMC/ LGU
5 Set-up Helpdesk and GRMLHB/ MCRP PMO/ RIMC/ LGU
B. Compensation for Loss of Assets
1Issue Notice of Compensation for Structures and compensable trees, Notice of Relocation
MCRP-PMO
2 Validate submitted documents for structure compensation MCRP-PMO
3Issue Agreement to Demolish and Remove Improvements (ADRI)/ Deed of Absolute Sale
MCRP PMO
4 Pay compensation and provide other terms of Assistance MCRP PMO
5 Clear the ROWAHs/ MCRP PMO/ LGUs
C. Relocation of Non-Landowner Claimants
1Tranfer of AHs to temporary rental accomodation and provision of rental subsidy
AH/ MCRP PMO/ Landbank
2 Relocate AHs to permanent relocation sitesAH/ MCRP PMO/ NHA
D. Provision of Livelihood Restoration and Improvement Program
1 LRIP implementation MCRP PMO
E. Monitoring of RAP Implementation
1 Conduct Internal/ External Monitoring MCRP PMO/ EMA
2020Activity
Responsible Agency
20212019
Legend:
: Continuous work
: Periodically continuous work
4677. Source: JDT and DOTr
4678.
4679.
4680.
307
XII. CHAPTER 12: COST AND BUDGET FOR RESETTLEMENT ANDACQUISITION OF LAND ASSETS
4681. The total cost for the implementation of the resettlement action plan (RAP) for non-landowners in the Malolos-Angeles Section of the Malolos-Clark Railway Project (MCRP) isestimated at PhP 3,490,552,504. The budget covers relocation and resettlement expenses forthe 2,744 AHs including 534 affected households who declined interview or were absent duringthe survey but were present in the project area at the time of the cut-off date and are deemedeligible for assisted relocation. DOTr will continue to attempt to survey thesehouseholds. Resettlement assistance includes provision of housing units, rental subsidy, utilityconnection, transport assistance, food allowance, among others.
655. The budget in this version of the RAP is based on values appraised by the Land Bank of thePhilippines (LBP) as an independent appraiser engaged by the DOTr. The LBP is also a GovernmentFinancing Institution (GFI). It prepared the valuation report which provides the compensation amountsapplied to prepare the resettlement budget.
656. The result of this appraisal becomes the basis of the amount indicated in the Letter Offer to eachAP. (Chapter 4, Section J describes the principles and methodology for determining compensation at replacement cost.)
657. The RAP budget will be updated and finalized during the implementation of this RAPfollowing assessment of the documentary requirements submitted by the APs and additionalreports from the independent property appraiser if necessary. DOTr as the implementingagency shall provide fund allocation for the implementation of this RAP.
658. Following determination of compensation to be paid will serve as the basis for RAPimplementation monitoring.
4682. The details on the cost estimate are presented in Table XII -151 and the succeedingsections in this chapter.
4683. Table XII-151: Estimated RAP Implementation Cost4684. Activity 4685. Cost
Item4686. Quant
ity & Unit4687. Amount
(PhP)4688. Remark
4689. Land and structure acquisition
4690. Land 4691. - 4692. - 4693. No land acquisition for the land owned by the Philippine National Railways (PNR) and other governments but land requisition and recovery
4695. Structures
4696. 1,418 4697. structu
res
4698. 882,391,741
4699.
4700. Estimated based on the replacement cost as defined in Republic Act (R.A.) No. 10752
4702. Sub-total (a)
4703. 1,4184704. struct
ures
4705. 882,391,741
4706.
4707.
4708. Relocation site development
4709. House and lot package
4710. 2,744 affected households (AHs)
4711. 1,467,087,832
4712. Using the ceiling price of the National Housing Authority (NHA) for horizontal and vertical
308
4684. Activity 4685. CostItem
4686. Quantity & Unit
4687. Amount(PhP)
4688. Remark
development which is PhP 534,653 per house and lot package
4714. Sub-total (b)
4715. 2,744 AHs
4716. 1,467,087,832
4717.
4718. Resettlement assistance
4719. Rental subsidy for AHs availingof assisted relocation
4720. 1,934 AHs
4721. 105,068,000
4722.
4723. Rental subsidy for 8 months for all 1,934 affected households (AHs)who are qualified for socialized housing
4725. Rental subsidy for AHs availingof self -relocation
4726. 276 AHs
4727. 8,465,000
4728.
4729. Rental subsidy for 5 months for 276 AHs optingfor self-relocation
4731. Connection fees for utilities
4732. 2,744 AHs
4733. 45,525,704
4734. Connection fees for water, electricity, telephone, and internet
4736. Transportation assistance
4737. 2,744 trucks
4738. 27,440,000
4739. Transportation of AHs to temporary housing and eventually to the permanent sites is provided at PhP5,000 each trip
4741. Additional trucks (25% of 1,418, total number of affected structures)
4742. 350 trucks
4743. 1,750,000
4744. Provisional sum for potential supplementary transportation assistance needs. Transportation for AHs needing additional trucks at PhP5,000 per truck rental
4746. Food allowances
4747. 11,238APs
4748. 10,114,200
4749. PhP150 for relocating APs during relocation schedule (6 days); 3 days at the temporary housing and 3 days at the resettlement sites
4751. Allowances on hardships due to vulnerability
4752. 1,288 AHs
4753. 12,880,000
4754. Inconvenience allowances for vulnerable households at PhP10,000
4756. Allowance for persons requiring a special care
4757. 1,020 AHs
4758. 1,632,000
4759.
4760. Manpower Assistance personnel hired to help AHs which need assistance during relocation
4762. Sub-total (c)
4763. 4764. 212,874,904
4765.
4766.
309
4684. Activity 4685. CostItem
4686. Quantity & Unit
4687. Amount(PhP)
4688. Remark
4767. Livelihood assistance
4768. Income loss (enterprises)
4769. 542 businesses and home-based enterprises
4770. 199,754,292
4771. Compensation for income loss for micro-business declared incomes, including cash compensation for income loss for six months and transitional costs
4773. Income loss (employees)
4774. 129 APs
4775. 4,446,000
4776. Compensation for income loss of employees/workers
4778. Income loss (agricultural tenants and sharecroppers)
4779. - 4780. - 4781. Compensation equivalent to the average gross harvest for the past three years, not less than PhP15,000/hectare
4783. Income loss (non-landowners or lessees directly engaged in farming)
4784. - 4785. - 4786. Disturbance compensation equivalent to five times the average gross harvest of principal and secondary crops
4788. Rental subsidy (business enterprises)
4789. 104 stand-alone business enterprises
4790. 2,021,250
4791. Rental subsidy equivalent to three monthsof a prevailing rate in the vicinity of the equal size
4793. Transportation assistance
4794. 395 trucks
4795. 1,975,000
4796. Transportation assistance for 395 businesses (excluding 147space rent-out businesses)at PhP5,000 per truck rental
4798. LRIP cost
4799. assortment
4800. 84,906,228
4801. Cost to be transferred to national government agencies (NGAs) and local government units (LGUs) for the organization of training;4802. Commuting allowances of no more than PhP5,000 per household per month for three months included in the LRIP cost
4804. Sub-total (d)
4805. 4806. 293,102,770
4807.
4808. Non-land asset and
4809. Compensation for fruit-bearing
4810. 4,716 4811. 27,284,784
4812. Market values of potentially affected fruit and timber trees.
310
4684. Activity 4685. CostItem
4686. Quantity & Unit
4687. Amount(PhP)
4688. Remark
improvement
and timber trees
4814. Compensation for aquaculture produces
4815. 4816. - 4817. Market values of potentially affected aquaculture produces
4819. Contingency costs for the payment of annual crops
4820. 24 4821. 5,456,957
4822. 20% of compensation for crops and trees
4824. Sub-total (e)
4825. 4826. 32,741,741
4827.
4828. RAP implementation and monitoring
4829. Cost for the operation of RAP implementing institutions
4830. 4831. 10,500,000
4832. Cost to operate the RAP Implementation Management Committee (RIMC), the Local Inter-agency Committee (LIAC),and the Local Housing Board (LHB) for 24 months
4834. Cost for the operation of the Grievance Redress Mechanism (GRM)
4835. 4836. 5,600,000
4837. Budget for office supplies and recurring expenses to operate local help desks in the affected seven LGUs
4839. Cost for continuing information disclosure
4840. 4841. 190,000 4842. Printing of information materials
4844. Internal monitoring cost
4845. 4846. 4,800,000
4847. During RAP implementation in the seven affected LGUs for 60 months
4849. Externalmonitoring cost
4850. 4851. 23,520,000
4852. Cost of the external monitoring agent (EMA) forthe seven affected LGUs for 60 months
4854. Sub-total (f)
4855. 4856. 44,610,000
4857.
4858. Total (a+b+c+d+e+f) 4859. 2,932,808,987
4860.
4861.
4862. Administrative and contingency
4863. Provision of public access70
4864. 4865. 176,478,348
4866.
4867. 20% of the total (a)
311
4684. Activity 4685. CostItem
4686. Quantity & Unit
4687. Amount(PhP)
4688. Remark
cost 4869. Administrative cost
4870. 4871. 87,984,270
4872.
4873. 3% of the total (a+b+c+d+e+f)
4875. Contingency
4876. 4877. 293,280,899
4878.
4879. 10% of the total (a+b+c+d+e+f)
4881. Sub-total (g)
4882. 4883. 557,743,516
4884.
4885.
4886. Grand Total (a+b+c+d+e+f+g) 4887. 3,490,552,504
4888.
4889. Note: Price escalation is not considered.
4890. Source: JICA Design Team (JDT)
A. Right-of-Way Acquisition71
4891. No cost for land acquisition as this RAP will recover lands owned by the PhilippineNational Railways (PNR) and other government agencies and land acquisition of the privatelands is covered in the separate RAP for landowners. All structures in the project ROW (PROW)owned by non-landowners are covered in this RAP.
4892. Replacement costs for structures were computed based on the appraised amount byLBP in accordance with the Implementing Rules and Regulations (IRR) of Republic Act (R.A.)No. 10752. The replacement costs include direct costs, i.e., labor and material costs andindirect costs, i.e., professional fees, overheads, taxes, finance costs, profit margins orentrepreneurial profits to asset creators. Actual compensation amounts for structures can onlybe determined during the RAP implementation based on the final determination of severity ofimpact for the structures.
B. Relocation Site Development
4893. For a budgetary purpose, all non-landowner affected households (AHs) in this RAP areincluded in the computation of relocation site development. The cost is calculated based thedevelopment cost of 22-square-meter row houses with a loft on a 40-square-meter lot.
4894. Table XII-152: Cost of Relocation Site and Rental Facility Development4895. City/
Municipality4896. No. of
Beneficiaries
4897. Development Cost(PhP)
4898. Total Amount4899. (PhP)
4900. Malolos 4901. 77 4902. 534,653 4903. 41,168,2814904. Calumpit 4905. 524 4906. 534,653 4907. 280,158,1724908. Apalit 4909. 134 4910. 534,653 4911. 71,643,5024912. Minalin 4913. 5 4914. 534,653 4915. 2,673,2654916. Sto.
Tomas4917. 47 4918. 534,653 4919. 25,128,691
70 Additional land and structure acquisition will be needed for the provision of access in the event that land-lockedareas or the loss of access to/from communities adjacent to the project ROW occur.
71 The cost is based on RCS data.
312
4920. SanFernando
4921. 1231 4922. 534,653 4923. 658,157,843
4924. Angeles 4925. 726 4926. 534,653 4927. 388,158,0784928. Total 4929. 2,744 4930. 4931. 1,467,087,832
4932. Source: JDT
C. Resettlement Assistance
4933. Rental Subsidy for Assisted Relocation. A rental subsidy is computed based on theprevailing rental rates in the LGUs for a period of eight (8) months. The subsidy is provided forthe 1,934 AHs opting for assisted relocation under the assumption that socialized housing unitswill be ready in 8 months. If the housing units will not be ready in 8 months, the Department ofTransportation (DOTr) will extend the rental subsidy until housing units are completed and readyfor transfer/occupancy.
4934. Table XII-153A: Cost of Rental Subsidy for Assisted Relocation4935. City/
Municipality4936. No.
ofBeneficiaries
4937. MonthlyRental Feesby LGU(PhP)
4938. Duration
4939. (Month)
4940. TotalAmount
4941. (PhP)
4942. Malolos 4943. 46 4944. 7,000 4945. 8 4946. 2,576,0004947. Calumpit 4948. 256 4949. 4,500 4950. 8 4951. 9,216,0004952. Apalit 4953. 110 4954. 7,000 4955. 8 4956. 6,160,0004957. Minalin 4958. 3 4959. 4,250 4960. 8 4961. 102,0004962. Sto.
Tomas4963. 35
4964. 3,250 4965. 8 4966. 910,000
4967. SanFernando
4968. 9124969. 6,000 4970. 8 4971. 43,776,00
04972. Angeles 4973. 572
4974. 9,250 4975. 8 4976. 42,328,000
4977. Total 4978. 1,934
4979. 4980. 4981. 105,068,000
4982. Source: JDT.
4983. Rental Subsidy for Self-Relocation. A rental subsidy is computed based on theprevailing rental rates in the LGUs for a period of five (5) months. The subsidy is provided forthe 276 AHs opting for assisted relocation.
4984. Table XII-154B: Cost of Rental Subsidy for Self-Relocation
4985. City/Municipality
4986. No.ofBeneficiaries
4987. MonthlyRental Feesby LGU (PhP)
4988. Duration
4989. (Month)
4990. TotalAmount
4991. (PhP)
4992. Malolos 4993. 10 4994. 7,000 4995. 5 4996. 350,0004997. Calumpit 4998. 100
4999. 4,500 5000. 5 5001. 2,250,000
5002. Apalit 5003. 10 5004. 7,000 5005. 5 5006. 350,0005007. Minalin 5008. 2 5009. 4,250 5010. 5 5011. 42,5005012. Sto.
Tomas5013. 3
5014. 3,250 5015. 5 5016. 48,750
313
5017. SanFernando
5018. 965019. 6,000 5020. 5 5021. 2,880,0
005022. Angeles 5023. 55
5024. 9,250 5025. 5 5026. 2,543,750
5027. Total 5028. 2765029. 5030. 5031. 8,465,0
00
5032. Connection Costs for Utilities. Basic utilities required for APs who are qualified forrelocation include water, electricity, and communications, e.g., telephone and internet. Thecosts for utility connection are based on the published charges of utility companies which reflectinstallation costs for water, bill deposits equivalent to 5.00 KW of electricity consumption, andlandline and internet bundle costs for communications as summarized in Table XII -155.
Table XII-155: Cost of Connection of Utilities5033. LGU 5034. No. of
Beneficiaries5035. Cost
(PhP)5036. Total
5037. Water5038. Malolos 5039. 77 5040. 9,712 5041. 747,824
5042. Calumpit5043. 524 5045. 5,089,08
8
5046. Apalit5047. 134 5049. 1,301,40
85050. Minalin 5051. 5 5053. 48,5605054. Sto. Tomas 5055. 47 5057. 456,464
5058. San Fernando5059. 1,231 5061. 11,955,4
72
5062. Angeles 5063. 726 5065. 7,050,91
2
5066. Sub-total5067. 2,744 5068. 5069. 26,649,7
285070. Electricity5071. Malolos 5072. 77 5073. 4,580 5074. 352,660
5075. Calumpit5076. 524 5078. 2,399,92
05079. Apalit 5080. 134 5082. 613,7205083. Minalin 5084. 5 5086. 22,9005087. Sto. Tomas 5088. 47 5090. 215,260
5091. San Fernando5092. 1,231 5094. 5,637,98
0
5095. Angeles 5096. 726 5098. 3,325,08
0
5099. Sub-total5100. 2,744 5101. 5102. 12,567,5
205103. Others72
5104. Malolos 5105. 77 5106. 2,299 5107. 177,023
5108. Calumpit5109. 524 5111. 1,204,67
65112. Apalit 5113. 134 5115. 308,0665116. Minalin 5117. 5 5119. 11,4955120. Sto. Tomas 5121. 47 5123. 108,053
72 Reconnection costs for internet and landline bundles shall be provided for those who have the existingconnection.
314
5033. LGU 5034. No. ofBeneficiaries
5035. Cost(PhP)
5036. Total
5124. San Fernando5125. 1,231 5127. 2,830,06
9
5128. Angeles 5129. 726 5131. 1,669,07
4
5132. Sub-total5133. 2,744 5134. 5135. 6,308,45
6
5136. Total5137. 45,525,7
04
5138.5139. Source: JDT
5140. Transportation Assistance. Transportation assistance, which is calculated based onPhP10,00073 per household will be provided in transferring/moving the 2,744 AHs and theirbelongings to temporary housing accommodations and final relocation sites of NHA. Includedalso in the budget are transport allowances for AHs who wished to be relocated to other placesof their choice.
5141. Table XII-156: Cost of Transportation Assistance 5142. LGU 5143. No. of
Beneficiaries5144. Transp
ortAssistance
(PhP)
5145. TotalAmount (PhP)
5146. Malolos
5147. 77 5148. 10,0005149. 770,000
5150. Calumpit
5151. 524 5152. 10,0005153. 5,240,000
5154. Apalit
5155. 134 5156. 10,0005157. 1,340,000
5158. Minalin
5159. 5 5160. 10,0005161. 50,000
5162. Sto. Tomas
5163. 47 5164. 10,0005165. 470,000
5166. San Fernando
5167. 1,2315168. 10,000
5169. 12,310,000
5170. Angeles
5171. 726 5172. 10,0005173. 7,260,000
5174. Total 5175. 2,744 5176. 5177. 27,440,0005178. Source: JDT
5179. A provisional sum for potential transportation assistance needs is included based on anestimated total of 350 trucks to be provided to AHs needing additional transportation at PhP5,000 per truck rental.
Table XII-157: Cost of Additional Trucks (Provisional Sum)5180. 5181. No. of
Trucks5182. Truck
Rental (PhP)5183. Total
Amount
73 Estimated transportation and hauling costs in Bulacan and Pampanga.
315
(PhP)
5184. Total5185. 350 5186. 5,000 5187. 1,750,00
05188. Source: JDT
5189. Food Assistance. A total of 11,238 APs will be provided food allowances at PhP150 perday per AP for a total of six days; 3 days in the temporary housing and another 3 days in theresettlement sites.
5190. Table XII-158: Cost of Food Assistance5191. LGU 5192. No. of
Beneficiaries
5193. (APs)
5194. FoodAllowance (PhP)
5195. No.ofDays
5196. TotalAmount (PhP)
5197. Malolos 5198. 308 5199. 150 5200. 3 5201. 277,2005202. Calumpit 5203. 2,120 5204. 150 5205. 3 5206. 1,908,0005207. Apalit 5208. 617 5209. 150 5210. 3 5211. 555,3005212. Minalin 5213. 22 5214. 150 5215. 3 5216. 19,8005217. Sto.
Tomas5218. 192 5219. 150 5220. 3
5221. 172,800
5222. San Fernando
5223. 5,067 5224. 150 5225. 35226. 4,560,300
5227. Angeles 5228. 2,912 5229. 150 5230. 3 5231. 2,620,8005232. Total 5233. 11,238 5234. 5235. 5236. 10,114,200
5237. Source: JDT
5238. Allowance for Hardships Due to Vulnerability. In terms of special assistance forvulnerable groups, cost estimates are computed for 1,288 vulnerable APs as inconvenienceallowances. As stipulated in the entitlement matrix in Chapter 5, vulnerable groups will beentitled for inconvenience allowances equivalent to PhP10,000 per household.
5239. Table XII-159: Cost for Inconvenience Allowance5240. LGU 5241. No. of
Beneficiaries5242. (AHs)
5243. Allowance
5244. (PhP)
5245. Total Amount5246. (PhP)
5247. Malolos
5248. 20 5249. 10,0005250. 200,000
5251. Calumpit
5252. 218 5253. 10,0005254. 2,180,000
5255. Apalit 5256. 79 5257. 10,000 5258. 790,0005259. Minali
n5260. 6 5261. 10,000
5262. 60,000
5263. Sto. Tomas
5264. 12 5265. 10,0005266. 120,000
5267. San Fernando
5268. 596 5269. 10,0005270. 5,960,000
5271. Angeles
5272. 357 5273. 10,0005274. 3,570,000
5275. Total 5276. 1,288 5277. 5278. 12,880,000
316
5279. Source: JDT
5280. Special Assistance. The total number of households requiring special cares duringrelocation is 1,020. A manpower assistance team (MAT) composed of two persons will beprovided by the DOTr for two days for each family to assist in packing, moving, lifting, andunpacking their belongings and other items. The assisting staff will be remunerated based onthe minimum wage level, equivalent to PhP400 per day.
5281. Table XII-160: Cost for Special Assistance
5282. Category
5283. No.of
Beneficiaries(APs)
5284. No.of
Assisting
Staff
5285. Remuneration
of MAT5286. (Ph
P)
5287. No.of
Days
5288. Total
Amount (PhP)
5289. Baby/toddler
5290. 582 5291. 2 5292. 400 5293. 25294. 931
,2005295. Pregnant
women5296. 44 5297. 2 5298. 400 5299. 2
5300. 70,400
5301. Elderly 5302. 327 5303. 2 5304. 400 5305. 25306. 523
,2005307. Househo
ld with a member whois PWD
5308. 67 5309. 2 5310. 400 5311. 25312. 107
,200
5313. Total5314. 1,0
205315. 5316. 5317.
5318. 1,632,000
5319. Source: JDT
NNN. Livelihood Assistance
5320. Income Loss (Enterprises). The compensation for income loss of business enterprisesis summarized in Table XII -161.
5321. Table XII-161: Compensation for Income Loss of Enterprises5322. L
GU5323. Ave
rageMonthlyIncome(PhP)
5324.ome-based
5325. Micro-
Enterprise
5326. Rent-outBusine
ss
5327. TotalNo.of
Businesses
5328. Period
5329. (Month)
5330. Income Loss
5331. Compensation
5332. (PhP)
5333. Malolos
5334. 75,000
5335.5
5336. 2 5337. 3 5338. 20
5339. 6 5340. 9,000,000
5341. Calumpit
5342. 45,462
5343.9
5344. 42
5345. 15
5346. 106
5347. 6 5348. 28,913,832
5349. Apalit
5350. 19,867
5351.7
5352. 7 5353. 6 5354. 30
5355. 6 5356. 3,576,060
5357. Sto. Tomas
5358. 0 5359. 5360. 0 5361. 0 5362. 0 5363. 6 5364. 0
317
5365. Minalin
5366. 170,000
5367. 5368. 2 5369. 0 5370. 6 5371. 6 5372. 6,120,000
5373. San Fernando
5374. 100,165
5375.26
5376. 18
5377. 86
5378. 230
5379. 6 5380. 138,227,700
5381. Angeles
5382. 15,463
5383.0
5384. 33
5385. 37
5386. 150
5387. 6 5388. 13,916,700
5389. Total 5390.91
5391. 104
5392. 147
5393. 542
5394. 5395. 199,754,292
5396. Number of affected businesses and home-based enterprise: 542
5397. Source: JDT.
5398. Income Loss (Employees). The compensation of income loss of displaced employeesis summarized in Table XII -162.
5399. Table XII-162: Compensation for Income Loss of Displaced Employees5400. Category 5401. Average
MonthlyIncome
5402. (PhP)
5403. No. ofEmployee
s
5404. Duration
5405. (Month)
5406. TotalAmount
5407. (PhP)
5408. Employees receiving above the minimum wage level
5409. 32,300 5410. 36
5411. 2 5412. 2,325,600
5413. Employees receiving the minimum wage level and below
5414. 5,700 5415. 93
5416. 4 5417. 2,120,400
5418. Total 5419. 5420. 129
5421. 5422. 4,446,000
5423. Note: Some 18 employees who did not provide responses during survey are included in employees receiving above the minimum wage level for a budgetary purpose.
5424. Source: JDT.
5425. Rental Subsidy (Enterprises). APs who are currently a leasing space from propertyowners and will continue their micro-small business activities elsewhere are entitled to a rentalsubsidy for three months based on the prevailing average monthly rental for a similar structureof equal type and dimension to the property being leased. The rental subsidy for businessenterprise is reflected in Table XII -163.
5426. Table XII-163: Rental Subsidy for Business Enterprise5427. LGU 5428. Prevaili
ng MonthlyRent (PhP)
5429. Numberof
Establishments74
5430. Duration
5431. (Month)
5432. TotalAmount
5433. (PhP)
5434. Malolos 5435. 7,000 5436. 2 5437. 3 5438. 42,000
5439. Calumpit 5440. 4,500 5441. 42 5442. 3 5443. 567,000
5444. Apalit 5445. 7000 5446. 7 5447. 3 5448. 147,000
5449. Minalin 5450. 4,250 5451. 2 5452. 3 5453. 25,500
74 Stand-alone micro-businesses are included.
318
5427. LGU 5428. Prevailing MonthlyRent (PhP)
5429. Numberof
Establishments
5430. Duration
5431. (Month)
5432. TotalAmount
5433. (PhP)
5454. Sto. Tomas
5455. 3,250 5456. 0 5457. 3 5458. 0
5459. San Fernando
5460. 6,000 5461. 18 5462. 3 5463. 324,000
5464. Angeles 5465. 9,250 5466. 33 5467. 3 5468. 915,750
5469. Total 5470. 5471. 104 5472. 5473. 2,021,250
5474. Source: JDT.
5475. Transportation Assistance. Transportation assistance at PhP5,000 per business willbe provided to 395 businesses (104 stand-alone businesses and 291 home-based businesses)in transferring/moving their products/goods and other belongings to temporary/permanenthousing of their choice.
5476. Table XII-164: Transportation Assistance for Businesses5477. LGU 5478. No. of
Beneficiaries
5479. Transport
Assistance (PhP)
5480. TotalAmount
(PhP)
5481. Malolos5482. 17 5483. 5,000 5484. 85,00
0
5485. Calumpit5486. 91 5487. 5,000 5488. 455,0
00
5489. Apalit5490. 24 5491. 5,000 5492. 120,0
005493. Minalin 5494. 0 5495. 5,000 5496. 0
5497. Sto. Tomas5498. 6 5499. 5,000 5500. 30,00
0
5501. San Fernando5502. 144 5503. 5,000 5504. 720,0
00
5505. Angeles 5506. 113 5507. 5,000 5508. 565,0
00
5509. Total5510. 395 5511. 5512. 1,975,
0005513. Source: JDT.
5514. LRIP Cost. The cost for the implementation of the livelihood restoration andimprovement program (LRIP) is estimated at PhP 84,906,228 as specified in Chapter 8.Commuting allowances for wage-based APs who relocate to a place that makes it moreexpensive to commute to their place of work are computed at PhP4,380,000 and included in theLRIP cost.
OOO. Non-Land Assets and Improvements
5515. According to the RCS result, a total of 4,716 fruit-bearing and timber trees, and othercrops are located on the project-affected PNR land. Table XII -165 shows the valuation ofaffected trees and crops.
319
5516. Table XII-165: Compensation for Fruit-Bearing and Timber Trees and OtherPlants
5517. LGU 5518. Total Value5519. (PhP)
5520. Malolos 5521. 814,7655522. Calumpit 5523. 14,974,6335524. Apalit 5525. 1,353,6285526. Minalin 5527. 551,8135528. Sto. Tomas 5529. 44,9505530. San Fernando 5531. 7,850,8785532. Angeles 5533. 1,694,1185534. Total 5535. 27,284,784
5536. Source: JDT.
PPP. RAP Implementation and Monitoring
5537. Cost for the Operation of RAP Implementing Institutions. The cost was computed forthe 24-month operation of the RAP Implementation Management Committee (RIMC), the LocalInter-agency Committee (LIAC), and the Local Housing Board (LHB).
5538. Cost for the Implementation of the Grievance Redress Mechanism. The cost toimplement the grievance redress mechanism (GRM) includes a budget for office supplies andrecurring expenses for the operation of local help desks in the seven affected LGUs.
5539. Cost for Continuing Information Disclosure. The budget for information disclosureand stakeholder consultation is summarized in Error: Reference source not found.
5540. Table XII-166: Cost for Information Disclosure5541. Item 5542. Location
for Postingand
5543. Distribution
5544. Unit
5545. Frequency
5546. UnitPrice
5547. (PhP)
5548. TotalAmount(PhP)
5549. Tarpaulin fortherelocation/resettlement process
5550. Local helpdesks andbarangay orcity halls
5551. 55
5552. 1 5553. 2,000*
5554. 110,000
5555. Livelihoodbrochure
5556. Barangays 5557. 1
0,0005558. 275 5559. 2.00
**5560. 40,
000
5561. GRM brochure 5562. Barangays5563. 1
0,0005564. 276 5565. 2.00
**5566. 40,
0005567. Total 5568. 19
0,0005569. * PhP 50/square foot x 40 square feet (8 feet x 5 feet)5570. ** based on 2018 Risograph Printing cost
5571. Source: JDT.
5572. Internal Monitoring Cost. The cost was computed for 60 months of internal monitoringduring the RAP implementation in the seven affected LGUs.
75 For project implementation and post-project implementation.76 Same as one above.
320
5573. External Monitoring Cost. The cost was computed for 60 months of externalmonitoring in the seven affected LGUs.
QQQ. Fund for RAP Implementation5574. The DOTr will be responsible for the allocation of the resettlement and land acquisitionbudget. This will include funds for the RAP implementation including compensation, relocationand livelihood assistance, and internal and external monitoring. The budget in this RAP is basedon values appraised by the Land Bank of the Philippines (LBP), a GFI and an independentappraiser engaged by the DOTr. It prepared the valuation report which provides thecompensation amounts applied in the resettlement budget. The MCRP Project ManagementOffice (PMO) and the RIMC in coordination with their internal departments or committees andLIAC will facilitate the provision of compensation and entitlements of APs.
5575. If unanticipated involuntary resettlement impacts arise during project implementation, theDOTr will update the RAP or formulate a new RAP covering all applicable requirementsspecified in this document. 5576.
321
XIII. CHAPTER 13: MONITORING AND EVALUATION
5577. Given the magnitude of project impacts, the Malolos-Clark Railway Project (MCRP) hasbeen classified as “Category A” for involuntary resettlement according to the Safeguards PolicyStatement (SPS, 2009) of Asian Development Bank (ADB).77 Accordingly, all land acquisitionand resettlement activities under the project will be subject to internal and external monitoring.
5578. The internal monitoring will be routinely conducted by the Safeguards Team of theMCRP Project Management Office (PMO) under the Department of Transportation (DOTr). Inthe meantime, the external monitoring will be conducted twice a year by a qualified andexperienced external monitoring agent (EMA). The DOTr will report the monitoring resultsquarterly to ADB and the Japan International Cooperation Agency (JICA) which shall be postedon ADB and JICA websites. Indicators for internal monitoring will be those pertaining to theprocess and immediate outputs and results.
A. Purpose of Monitoring and Evaluation on the Resettlement ActionPlan
5579. The DOTr has put in place a monitoring system that tracks (i) whether the plannedresettlement activities for affected persons (APs) are delivered (e.g., whether compensation forlost assets are promptly paid) and (ii) whether the planned activities contained in theresettlement action plan (RAP) such as relocation and livelihood restoration achieve desiredoutcomes.
5580. Internal monitoring tracks the progress in the delivery of physical and financial targets,resettlement assistance, and other entitlements. To this end, an internal monitoring form will beutilized to present the progress. On the other hand, external monitoring assesses the resultsand impacts of the RAP implementation and the extent to which RAP objectives are achieved.
B. Institutional Arrangement
5581. Internal monitoring has been conducted by the MCRP PMO, while external monitoringwill be carried out by independent monitoring specialists once the EMA procurement is completearound July 2020. EMA will be involved in the project prior to the RAP implementation, and itsterms of reference (TOR) is presented in the appendices of this RAP.
C. Internal Monitoring
5582. The tasks and obligations of the MCRP PMO pertaining to internal monitoring are thefollowing.
(i) Supervise and monitor the RAP implementation on a regular basis;
(ccclxxxix)Review if the RAP is implemented as designed and planned and if not report any gapsand provide recommendations;
(cccxc) Collect and analyze key resettlement data for reporting;
(cccxci) Verify if funds are released in a timely manner and if the amount is sufficient for eachactivity and purpose;
77 A project which may cause physical or economic displacement of 200 persons or more is classified as Category Ain terms of involuntary resettlement.
322
(cccxcii) Validate compensation paid and verify if 100% compensation is paid prior to relocation;
(cccxciii) Review grievances to ensure that they are recorded and addressed properly in a timelymanner; and
(cccxciv) Prepare required monitoring reports based on the format prescribed in the RAP.
D. External Monitoring
5583. The RAP requires the engagement of EMA, which will not be involved in day-to-dayproject implementation or supervision but will verify RAP monitoring indicators and provideadvice on safeguard compliance issues. If any critical involuntary resettlement issues areidentified, the EMA will prepare a corrective action plan. Also, EMA will prepare and submitsemi-annual reports to the DOTr, JICA, and ADB, review documents and reports, holddiscussions with project implementers and key stakeholders, conduct site inspection, andconsult with APs. Main tasks of EMA are summarized as below, and the details can be found inAppendix 8 of this RAP.
(i) Review internal monitoring reports;
(cccxcv) Assess the extent to which consultation and disclosure activities areinclusive, accessible, and effective in conveying key information from the RAPas well as provide conditions for APs to contribute to decision-making whichaffects them, for example, on resettlement and livelihood restoration;
(cccxcvi) Verify if compensation and assistance is provided in accordance with therequirements specified in the RAP, checking whether it is done 100% prior toincurrence of losses or relocation;
(cccxcvii) Assess whether resettlement objectives are likely to be achieved andspecifically assess whether livelihood and living standards are restored orenhanced;
(cccxcviii) Suggest modifications in the implementation procedure of the RAP, ifnecessary, to achieve its principles and objectives;
(cccxcix) Review how compensation rates are evaluated;
(cd) Validate compensation paid and verify if 100% compensation is paid prior torelocation;
(cdi) Review the effectiveness of the Grievance Redress Mechanism (GRM) and itsaccessibility and responsiveness to resolving complaints; and
(cdii) Prepare corrective action plans when necessary.
E. Reporting
5584. The MCRP PMO will submit internal monitoring reports to JICA and ADB. Themonitoring reports sent to JICA and ADB will be disclosed on their websites. The different typesof monitoring reports to be prepared either by the MCRP PMO or the EMA are summarized inTable XIII -167.5585.
323
5586. Table XIII-167: Monitoring Reports
5587. Type ofReport
5588. Internal
Monitoring
5589. External
Monitoring
5590. Frequency 5591. Preparer
5592. Report
Recipient
5593.1
5594. Inception Report
5595. 5596. ✓ 5597. One month aftermobilization
5598. EMA
5599. DOTr, JICA, and ADB
5600.2
5601. Monthly Monitoring Report
5602. ✓ 5603. 5604. Monthly submission from thecommencement of RAP validation on the progress
5605. MCRP PMO
5606. MCRP PMO
5607.3
5608. Quarterly Monitoring Report
5609. ✓ 5610.5611.5612.5613.5614.
5615.
5616. Quarterly submission from thecommencement of RAP validation until completion of the loan
5617.
5618. MCRP PMO
5619.5620.5621.5622.
5623. JICA and ADB
5624.4
5625. RCS Verification Report
5626. 5627. ✓ 5628. Following finalization of the IPA/GFI Replacement Cost Study report and prior to updated RAP implementation
5629. EMA
5630.DOTr, JICA, and ADB
5631.5
5632. Post-completion Evaluation Reports
5633. ✓ 5634. ✓ 5635. Upon completion of payments of compensation, six months following completion of relocation to permanent relocation sites, two years after the completion of relocation focusing on the Livelihood Restoration and Improvement Program (LRIP)
5636. MCRP PMO
5637.JICA and ADB
5643. EMA
5644.DOTr, JICA, and ADB
5645.6
5646. Semi-annual Monitoring and
5647. ✓ 5648. ✓ 5649. Every six months until the endof the loan closing
5650. MCRP PMO
5651.JICA and ADB
5657. EM 5658.DOTr
324
5587. Type ofReport
5588. Internal
Monitoring
5589. External
Monitoring
5590. Frequency 5591. Preparer
5592. Report
Recipient
Evaluation Report
A , JICA, and ADB
5659.7
5660. Final Report
5661. ✓ 5662. ✓ 5663. Upon loan closing
5664. MCRP PMO
5665.JICA and ADB
5671. EMA
5672.DOTr, JICA, and ADB
5673. Source: JICA Design Team (JDT)
5674. Inception Report. The inception report will be prepared by EMA one month after thenotice to proceed (NTP) for the EMA engagement. The report will set forth the proposedmethodology for achieving objectives of external monitoring, the finalized monitoring indicators,and reporting formats. The report will be reviewed and revised to address comments from theMCRP PMO prior to its finalization.
5675. Monthly Monitoring Report. The MCRP PMO conducts monthly monitoring on RAPimplementation activities and prepare a monthly monitoring report. The monthly monitoringreport focuses on the following:
(i) Progress of the RAP implementation in light of the planned activities includingland acquisition and resettlement activities;
(cdiii) Stakeholder consultations held and key issues raised;
(cdiv) Grievance redress cases and measures to address the cases;
(cdv) Schedule and completion of compensation payment activities during the reportingperiod;
(cdvi) Compensation and assistance disbursement compared to resettlement budget;
(cdvii) Identification and resolution of pending issues of the previous months; and
(cdviii) Recommendations and solutions for issues and challenges faced during implementation.
5676. Quarterly Monitoring Report. The MCRP PMO prepares and submits a quarterlymonitoring report to the DOTr, JICA, and ADB. The report includes a monitoring form whichclearly identifies the proposed inputs, outputs, and indicators. The draft quarterly monitoringreport form is attached as Appendix 9 of this RAP.
5677. Replacement Cost Study Verification Report. Following results of the valuation reportof the LBP, the EMA prepares a report to validate the IPA valuation methodology and thatcompensation unit rates are at replacement cost. 5678.5679. Post-completion and Evaluation Report. The MCRP PMO will prepare post-completion and evaluation reports at the following stages of the RAP implementation: (i) uponcompletion of compensation disbursement and assistance with regards to any given section tobe handed over for civil works. The report will include verification that payment of compensation
325
and other entitlements to APs were in accordance with the entitlement matrix and fullydisbursed to APs in the area in question. The report will include a section on vulnerable APs. Thecompliance report will be reviewed by ADB and JICA and disclosed on ADB website prior toclearance to the contractor for civil works commencement for each section; (ii) three monthsafter completion of compensation payment for the entire RAP; (iii) six months followingcompletion of relocation to permanent relocation sites; and (iv) two years after completion ofrelocation focusing on the livelihood restoration and improvement program (LRIP). On the otherhand, EMA also needs to prepare the post-completion and evaluation report to confirm theinformation provided in the post-completion and evaluation report prepared by the MCRP PMO.Through the reports, the evaluation will be made in accordance with the agreed monitoringindicators and reporting formats to assess the extent to which living standards and livelihood ofAPs are viable and meet at least national minimum standards. The assessment will alsoindicate whether the provided assistance is appropriate and whether the DOTr needs to modifyits assistance to enable the achievement of the RAP objectives.
5680. Semi-annual Monitoring and Evaluation Report. Semi-annual monitoring andevaluation activities are undertaken respectively by the MCRP PMO and EMA every six monthsuntil loan closing. The semi-annual monitoring and evaluation report will provide updates on themonitoring indicators as detailed in Table XIII -168.
5681. Final Report. The final report will be prepared respectively by the MCRP PMO and theEMA upon loan closing and evaluate if the RAP objectives are achieved.
F. Monitoring Indicators5682.5683. For internal monitoring, relevant indicators and means of verification are shown in Table XIII -168, and guide questions are listed in Table XIII -169. On the other hand, externalmonitoring indicators are presented in Table XIII -170, and the relevant guide questions arelisted Table XIII -171.
5684. As far as temporary impacts due to construction works are concerned, the impacts willbe monitored and reported as part of monitoring activities of the environment management plan(EMP) and will be also reflected in internal and external social monitoring reports mentionedabove.
5685. Table XIII-168: Internal Monitoring Indicators5686.No.
5687. Category
5688. Checklist 5689. Means of Verification
5690.1
5691. Institutional arrangement for the RAP implementation and capacity building
5692. Establishment of necessary institutions within the DOTr for the RAP implementation (names/dates of establishment)
5693. DOTr`s MCRP PMO structure and related order
5696. Status of the signing of an agreement or a memorandum of agreement (MOA) with other agencies(names/dates of signing)
5697. Signed agreement or MOA
5700. Status of the recruitment of land acquisition and resettlement staff
5701. Monthly record on the number of the staff by gender and their assigned positions
5704. Details of capacity building for the staff engaged in the RAP implementation
5705. Training records and attendance sheets
326
5686.No.
5687. Category
5688. Checklist 5689. Means of Verification
5708. Details of orientation workshops for other agencies involved in the RAPimplementation
5709. Training records and attendance sheets
5710.2
5711. Fund availability and allocation
5712. Availability of required funds for the RAP implementation as planned
5713. Allocated funds comparedto planning
5716. Allocation of funds to resettlementagencies as per schedule (names of agencies/dates of fund transfer /amount of transferred fund)
5717. DOTr`s fund transfer records and hearing from agencies regarding downloaded funds
5718.3
5719. Identification and notification
5720. Number of informal settler families(ISFs)/APs
5721. Well-documented screening of AHs
5722. Finalized gender-disaggregated master list
5725. Final number of vulnerable households/APs
5726. Final list of vulnerable AHs/APs (screening of additional AHs/APs to be monitored by EMA)
5729. Issuance of the notice of Taking (NoT) and the offer to buy (OTB)
5730. DOTr`s records on the issued NoT and OTB compared to planning
5733. Identification and verification of ISFs/APs
5734. DOTr`s validation records
5737. Identification and verification of APs eligible for housing schemes
5738. DOTr`s validation records
5741. Identification and verification of APs eligible for social housing schemes
5742. Validation records of the DOTr and the National Housing Authority (NHA)
5745. Identification and verification of APs ineligible for social housing schemes
5746. Validation records of the DOTr and the NHA
5749. Identification and verification of vulnerable APs
5750. DOTr`s validation records
5753. Identification and verification of other APs with no permanent dwelling
5754. DOTr`s validation records
5757. Identification and verification of LRIP beneficiaries
5758. Final list of LRIP beneficiaries disaggregated by gender
5759.4
5760. Resettlement preparation and site selection
5761. Number of available social housing units of the NHA
5762. NHA`s list of available housing units
5765. Number of available public rental facilities
5766. DOTr`s records on agreements with local government units (LGUs) stating units of public rental facilities developed
5769. Number of organized housing exhibits
5770. Records on organized housing exhibits and participant lists indicating gender of APs
5773. Progress and schedule of housingconstruction by the NHA
5774. Actual status of housing development compared to the planned schedule and the latest schedule
5777. Number of consultations 5778. Records of consultations
327
5686.No.
5687. Category
5688. Checklist 5689. Means of Verification
conducted and agreements reached with APs on available housings
and agreements
5781. Status on the creation of social infrastructure at resettlement sites
5782. Actual status compared tothe planned schedule and the latest schedule
5785. Number of consultations conducted on site selection by APs
5786. Records of consultations and participant lists indicating gender of APs
5789. Number and status of signing of agreements with APs for social housing units
5790. Signed agreements
5793. Progress and schedule of deliveryof social housing units
5794. Actual status compared tothe planned schedule and the latest schedule
5795.5
5796. Payment of compensation and self-relocation
5797. Status of the completion of validation on the replacement cost study (RCS)
5798. Government financing institution (GFI) reports
5801. Status of the finalization of the master list for self-relocation
5802. Finalized master list indicating gender of APs
5805. Payment of full compensation for lands, structures, and other properties, improvements, and assets
5806. Records of payment compared to the planned payment schedule and amount and interviews with male and female APs
5809. Details of the provision of various assistance to APs (including rental subsidies, food allowances, and transportation allowances)
5810. Records of payment compared to the planned payment schedule and amount and interviews with male and female APs
5813. Status of the provision of various assistance to APs
5814. Records of payment compared to the planned payment schedule and amount and interviews with male and female APs
5817. Number of APs who receive special assistance for their vulnerability
5818. Records of payment compared to the planned payment schedule and amount and interviews with male and female APs
5821. Number of signed agreements to demolish and remove improvement (ADRIs)
5822. Signed ADRIs and interviews with male and female APs
5823.6
5824. Project-assisted resettlement
5825. Number of APs availing social housing units and Pag-IBIG housing support
5826. Final master list where thegender of APs is indicated
5829. Number of APs resettled 5830. DOTr`s and NHA`s records on resettlement statusof APs
5833. Number of APs who relocate to temporary accommodations
5834. DOTr`s records on the status of APs who relocate to temporary accommodations
5837. Number of APs who relocate to public rental facilities
5838. DOTr`s records on the status of APs who relocate to
328
5686.No.
5687. Category
5688. Checklist 5689. Means of Verification
public rental facilities5841. Number of APs who receive
special assistance for their vulnerability
5842. DOTr`s records on the status of special assistance provision
5843.7
5844. Consultation and disclosure
5845. Number of consultations with APs during resettlement preparation
5846. Records of consultations, photographs, and participant lists
5849. Number of consultations with APs for site selection
5850. Records of consultations and participant lists
5853. Number of disclosure cases of communication materials including construction schedule
5854. List of distributed materials and interview with male and female APs
5857. Number of women and vulnerablegroups or people participated in consultations
5858. Records of consultations, photographs, attendance sheets, and interview with male and female APs
5859.8
5860. LRIP 5861. Number of identified livelihood restoration and improvement measures
5862. Finalized LRIP assistancefor each AP
5865. Number of identified APs offered with specific livelihood restoration programs
5866. Finalized LRIP beneficiarylist
5869. Number of signed agreements with service providers
5870. Signed MOAs or agreements
5873. Number of conducted LRIP workshops
5874. Records of workshops and attendance sheets
5877. Number of the assistance provided for financial management
5878. Records of provided assistance or organized training
5881. Number of the assistance provided for securing soft loans
5882. Records of provided assistance or soft loans and participant lists including gender information
5885. Number of provided vocational training
5886. List of provided training and participant lists including gender information
5889. Number of employment opportunities offered to APs during construction of the project versus the percentage of APs who obtain employment
5890. Records of conducted job fairs and hired APs and participant lists
5891.9
5892. GRM 5893. Number of the central hotline established
5894. Operational phone numbers and records of phone calls
5897. Number of operational Sub-committee on Grievance under the RAP Implementation Management Committee (RIMC)
5898. Records of received and addressed grievances per GRM level
5901. Number of established and operational local help desks
5902. Established local help desks with photos
5905. Number of conducted training for GRM staff
5906. Records of training, photographs, and participant lists
329
5686.No.
5687. Category
5688. Checklist 5689. Means of Verification
5909. Number and type of grievances received at each GRM level
5910. GRM records in the GRM database
5913. Number of resolved and unresolved grievances
5914. GRM records in the GRM database
5915.10
5916. Restoration of public facilities
5917. Number and type of public facilities to be restored
5918. Verified as-built master list
5921. Number and type of public facilities restored
5922. DOTr`s records and onsite visits compared to as-built master list
5923.11
5924. Handover of land for civil works
5925. Total area and length of the right-of-way (ROW) handed over by the Philippine National Railways (PNR)
5926. Signed MOA
5929. Total area and length of other government-owned land handed over
5930. Signed MOA
5933. Total area and length of private land handed over
5934. Handover documents5935. For land only :5936. Permit to enter (PTE)
issued by landowners5937. For land and structures
under the same owners:5938. PTE with removal of
structure5939. For structure only :5940. ADRI
5941.12
5942. Gender-disaggregated resettlement and rehabilitation information
5943. Number of woman-headed families
5944. Final affected household (AH) master list
5947. Number of woman-headed families which opt for self-relocation
5948. Records of relocation preferences of AHs based on the DOTr`s validation
5951. Number of woman-headed families which receive full compensation
5952. Final AH master list compared to records of compensation payment
5955. Number of woman-headed families which receive all kinds of assistance
5956. Final AH master list compared to records of provided assistance
5959. Number of woman-headed families which opt for assisted relocation
5960. Final list of beneficiaries of social housings
5963. Number of organized women's group consultation meetings
5964. Minutes of meetings (MOMs), photographs, and attendance sheets
5967. Number of woman-headed families which complete self-relocation
5968. Final AH master list compared to records of compensation payment
5971. Number of woman-headed families which obtain relocation assistance
5972. Final list of beneficiaries of social housing and public rental facilities
5975. Number and type of the LRIP opted by woman-headed families
5976. Final list of LRIP beneficiaries
5979. Number and type of the LRIP participated by woman-headed families
5980. Records of organized trainings, photographs, and participant lists
5981. Source: JDT and DOTr
330
5982. Table XIII-169: Guide Questions for Internal Monitoring 5983.No.
5984. Category
5985. Guide Question 5986. Means of Verification
5987.1
5988. Recruitment, training, and deployment
5989. Have all land acquisition and resettlement staff been appointed and mobilized for field and office works on time to meet the RAP implementation schedule?
5990. List of the DOTr's MCRP PMO staff and organizational structure
5993. Have capacity building and training activities on the GRM been completed on schedule?
5994. Organized training recordsand attendance sheets including gender information ofparticipants compared to the planned schedule, post-activityreports, and minutes of the conducted trainings
5997. Are all DOTr staff attending to GRMconcerns, provided with sufficient training and orientation workshops priorto deployment?
5998. Organized GRM training records, attendance sheets including gender information ofparticipants, and competency assessment before deployment
5999.2
6000. Budget
6001. Are funds for resettlement and livelihood being allocated to resettlement agencies on time?
6002. Transfer records compared to the planned schedule
6005. Have key shelter agencies (KSAs) received the scheduled funds?
6006. Transfer records compared to the planned schedule
6009. Have funds been disbursed according to the RAP?
6010. Records of disbursement compared to the RAP
6011.3
6012. Timeframe
6013. Was RIMC established and mobilized as planned?
6014. Signed MOAs and MOMs compared to the planned implementation schedule
6017. Are resettlement activities being implemented compared to the agreed implementation schedule?
6018. Records of conducted resettlement activities compared to the implementation schedule
6021. Was the validation of GFIs pertaining to fair market values for land,crops, and trees and replacement costsfor structures and improvements completed on time?
6022. Submission of valuation reports compared to the planned implementation schedule
6025. Has the LRIP phase started as scheduled?
6026. Records of the implemented LRIP compared to the planned implementation schedule
6029. Have all NoT been issued to property owners?
6030. Records of the NoT issuance compared to the master list
6033. Were all OTB delivered on time? 6034. Records of the OTB issuance compared to the implementation schedule and the master list
6037. Was due diligence on the submittedownership documents completed on time?
6038. Comparison with the planned implementation schedule
331
5983.No.
5984. Category
5985. Guide Question 5986. Means of Verification
6041. Has all land been acquired and vacated on time for project implementation?
6042. Records of land acquisition compared to the master list and the planned implementation schedule
6043.4
6044. Delivery of compensation and entitlements
6045. Has the final entitlement matrix updated during the detailed design (DD)phase been presented to APs?
6046. Records of stakeholder consultation meetings (SCMs) and attendance sheets where the gender information of eachparticipant is indicated
6049. Have all APs received entitlements according to the amount and the category of losses set out in the entitlement matrix?
6050. Records on compensation payment compared to the planand interviews with male and female APs
6053. Have APs received payment for affected structures and land on time?
6054. Records on compensation payment compared to the planand interviews with male and female APs
6057. Have APs received the agreed transport costs, relocation costs, income restoration support, and any available resettlement allowances according to the schedule or as required?
6058. Records on compensation payment of recipients disaggregated by gender compared to the plan and interviews with male and female APs
6061. Have replacement land plots or contracts been provided? Was the land developed as specified? Are measures to provide land titles to AHs being taken?
6062. List of the provided replacement land plots compared to the plan and interviews with male and female APs
6065. How many APs have received housings as per relocation options in the RAP?
6066. Final master list of ISFs disaggregated by gender and records of social housings allocated by the NHA
6069. Are APs occupying new houses? 6070. Site visits to check the occupancy and the NHA`s records on amortization payment
6073. Are assistance measures being implemented as planned for host communities?
6074. Records of assistance provided to host communities and interviews with LGUs
6077. Is restoration proceeding for social infrastructure and services conducted?
6078. DOTr`s records on the provided social infrastructure and interviews with LGUs
6081. Have affected businesses received entitlements including transfer and payment for net losses resulting from business closedown and stoppage of production?
6082. DOTr`s records on payment for compensation compared to the plan and interviews with male and female APs
6083.5
6084. Resettlement
6085. Have relocation sites been selectedand developed as per agreed standards?
6086. Verification of locations, site development plans, and site visits
6089. Does the housing quality meet the agreed standards?
6090. Verification of constructed housings and basic infrastructure provided
332
5983.No.
5984. Category
5985. Guide Question 5986. Means of Verification
compared to the agreed standards specified in the RAP
6093. Are APs able to access schools, health services, and cultural sites at thepre-relocation level?
6094. Locations of social infrastructure from relocation sites, interviews with male andfemale APs, and comparison with the socio-economic survey (SES)
6097. Was a rental subsidy for a temporary accommodation provided on time and are APs renting or staying per agreed standard?
6098. Records on the disbursement of rental subsidies by the Land Bank of the Philippines (LBP) and visits to temporary accommodations
6101. Have APs found temporary accommodations on time?
6102. Submission of documents required for rental subsidies compared to the planned schedule
6105. How many APs are ineligible for social housings and have they been provided with public rental facilities?
6106. Final master list of ISFs disaggregated by gender and list of provided public rental facilities
6107.6
6108. LRIP 6109. Are income and livelihood restoration activities being implementedas set out in the plan? For example, theutilization of replacement land, the commencement of production, the number of APs trained and provided with jobs, disbursed microcredit, and the number of assisted income-generating activities.
6110. Records on organized LRIP activities compared to the plan
6113. How many eligible APs have participated in the LRIP? Among eligible APs, how many are poor, the elderly, single-headed households, and persons with disability (PWDs)?
6114. Number of gender-disaggregated APs who participated in organized training and provided soft loans compared to the finalized list of LRIP beneficiaries
6117. Has the livelihood of APs been restored or improved?
6118. Interviews with male and female APs and comparison with the SES
6121. Were job fairs organized as planned? How many?
6122. Number of organized job fairs compared to the plan andparticipant lists where the gender information of each participant is indicated
6125. Were APs hired for construction-related jobs? How many are vulnerable people? How many are women?
6126. Monthly reports submitted by contractors on the number of hired APs disaggregated by gender
6127.7
6128. Public participati
6129. Have all post-RAP SCMs been conducted prior to the RAP implementation?
6130. Records of SCMs and attendance sheets including gender information of
333
5983.No.
5984. Category
5985. Guide Question 5986. Means of Verification
on and consultation
attendees compared to implementation activities and photo documentation
6133. Have other types of consultations taken place as scheduled including meetings, groups, and community activities?
6134. Records of consultations compared to the schedule, attendance sheets including gender information of attendees, and photo documentation
6137. Have appropriate resettlement information materials (i.e., leaflets) been prepared and distributed?
6138. Number and type of distributed information, education, and communication(IEC) materials and interviews with male and female APs to verify the appropriateness
6141. How many APs know their entitlements? How many APs know if they have been qualified to receive entitlements?
6142. Interviews with male and female APs and MOMs of the second SCMs
6143.8
6144. GRM 6145. How many APs have used the GRM procedure? What were the outcomes?
6146. Status of grievances recorded in the GRM databasewhere the gender information of complainants is indicated
6149. Were a sufficient number of staff allocated at each local help desk?
6150. List of the GR officers assigned at the local help deskcompared to the plan
6153. Were appropriate tools and resources provided to each local help desk?
6154. List of provided resources compared to the plan
6157. Were complaints and grievances addressed in a timely manner?
6158. Status of grievances recorded in the GRM databasewhere the gender information of complainants is indicated and interview with male and female APs
6161. Have grievances been resolved? 6162. Status of grievances recorded in the GRM databasewhere the gender information of complainants is indicated
6165. How many cases were resolved at the level of the local help desk, the RIMC, or the Project Inter-agency Committee (PIAC)?
6166. Status of grievances recorded in the GRM databasewhere the gender information of complainants is indicated
6169. How many court cases were filed due to unresolved grievances?
6170. Status of grievances recorded in the GRM databasespecifically regarding filed court cases where the gender information of complainants is indicated
6171.9
6172. Benefit monitoring and
6173. What changes have occurred in patterns of occupation, production, and resource use compared to the pre-project situation?
6174. Interview with male and female APs and comparison with the SES results
334
5983.No.
5984. Category
5985. Guide Question 5986. Means of Verification
impact evaluation
6177. What changes have occurred in income and expenditure patterns compared to the pre-project situation? What have been changes in living costscompared to the pre-project situation? Have incomes of AHs kept pace with these changes?
6178. Interviews with male and female APs and comparison with the SES results
6181. What changes have taken place in key social and cultural parameters relating to monitoring indicators?
6182. Interviews with male and female APs and comparison with the SES results
6185. What changes have occurred for vulnerable groups?
6186. Interviews with male and female APs and comparison with the SES results
6187. Source: JDT and DOTr
6188. Table XIII-170: External Monitoring Indicators6189.No.
6190. Category
6191. Basis for Indicators 6192. Means of Verification
6193.1
6194. Institutional arrangement for the RAP implementation
6195. Establishment of the MCRP PMO with required staffing for the RAP implementation
6196. DOTr`s MCRP PMO structure and related order
6199. Adequacy of knowledge and experience of the MCRP PMO for the RAP implementation
6200. Discussions with the MCRP PMO
6203. Effectiveness of undertaken capacity building measures
6204. Discussions with the MCRP PMO and records of trainings with participant lists
6207. Establishment of PIAC 6208. Consultations with the DOTr and the order issued forPIAC establishment
6211. Signing of the MOA with the NHA 6212. Signed MOA6215. Establishment of the RIMC 6216. Signed MOA with LGUs 6219. Establishment of the GRM as per
the RAP provision6220. Consultations with the
DOTr and visits to the local help desk
6223. Availability of required funds with the DOTr
6224. Allocated funds comparedto the plan
6227. Allocation of funds to resettlementagencies as per schedule
6228. DOTr`s transfer records compared to the and hearing from agencies regarding downloaded funds
6229.2
6230. Adequacy of resettlement planning
6231. Finalization of the DD RAP 6232. Review of the DD RAP6235. Compliance of the RAP with JICA
and ADB policies6236. Review of the DD RAP
and comparison with the JICAGuidelines for Environmental and Social Considerations (2010) and ADB`s SafeguardsPolicy Statement (SPS, 2009)
6239. Adequacy of provided entitlements
6240. Review of the DD RAP and interviews with male and female APs on the adequacy
335
6189.No.
6190. Category
6191. Basis for Indicators 6192. Means of Verification
of provided entitlements6243. Availability and adequacy of SES
database based on DD surveys 6244. Verification of the SES
database6247. Verification of the RCS- Adequacy of methodologies and
standards for determining compensation rates;
- Ability of APs to replace affected assets with received compensation
6248. Review of the RCS and interview with male and female APs pertaining to compensation amounts and their ability to replace affectedassets
6251. Establishment of an internal monitoring system
6252. Discussions with the MCRP PMO and review of internal monitoring reports
6255. Availability, accessibility, and adequacy of internal monitoring reports
6256. Internal monitoring reports
6257.3
6258. Delivery of entitlements
6259. Disbursed compensation as per the entitlement matrix
6260. Records of disbursement compared to the planned schedule
6263. Disbursed entitlements on time and before displacement
6264. Records of disbursement compared to the planned schedule
6267. Adequate time given through a notification for self-relocation
6268. Records of the notificationissuance compared to the plan and interviews with male and female APs
6271. Number of provided replacement land plots
6272. Records of provided replacement land plots
6275. Quality of new plots and issuance of land titles
6276. Interview with male and female APs and records on issued land titles
6279. Availability of social housings 6280. List of NHA-provided social housings compared to the final list of beneficiaries disaggregated by gender
6283. Number of ISFs provided with adequate information to avail of socialhousings
6284. Records of SCMs, attendance lists including gender information of attendees, and consultations with APs
6287. Participation of ISFs in the selection and design of social housinglocations and options
6288. Records of SCMs, attendance lists including gender information of attendees, and consultations with APs
6291. Quality of social housings 6292. Field verification compared to the set standardsand interviews with male and female APs
6295. Availability of infrastructure at relocation sites
6296. On-site verification compared to the plan
6299. Availability of transitional rental assistance until housing schemes
6300. Records of disbursement compared to the plan
336
6189.No.
6190. Category
6191. Basis for Indicators 6192. Means of Verification
become available6303. Project assistance for APs who
opt for social housings6304. Records of provided
assistance compared to the plan; recipient APs disaggregated by gender
6307. Timely disbursement of agreed assistance to PAPs
6308. Records of disbursement compared to the plan and interviews with male and female APs
6311. Number of special assistance provided for vulnerable APs in the resettlement process
6312. Records of gender-disaggregated APs provided with special assistance compared to the plan
6315. Satisfaction level of APs with availed social housings
6316. Interviews with male and female APs
6317.4
6318. Consultations and grievances
6319. Consultations organized as scheduled including meetings, groups,and community activities
6320. Records of consultations with gender information of participants indicated compared to the plan
6323. Knowledge of APs on their entitlements
6324. Interviews with male and female APs
6327. Conduct of consultation meetings exclusively with women
6328. Records of consultations and participant lists
6331. Conduct of consultation meetings exclusively with vulnerable groups
6332. Records of consultations and participant lists
6335. Dissemination of communication materials to APs in local languages
6336. List of distributed materials
6339. Knowledge of APs about the GRMincluding the local help desk
6340. Interviews with male and female APs
6343. Accessibility of the GRM to APs 6344. Interviews with male and female APs
6347. Information on resolution of grievances
6348. Records on the GRM database
6351. Timing of grievances redressed as per schedule
6352. Records on the GRM database and interviews with male and female APs
6355. Proper communications on GRM decisions to APs
6356. Records on the GRM database
6357.5
6358. LRIP 6359. Inclusion of APs under rehabilitation programs (data disaggregated by gender and vulnerable group)
6360. Final list of LRIP beneficiaries disaggregated by gender
6363. Availability and adequacy of vocational and entrepreneurial training
6364. Interviews with male and female APs and records of provided training to APs disaggregated by gender
6367. Availability of soft loans for APs 6368. Interviews with male and female APs and records of provided soft loans
6371. Availability of employment opportunities.
6372. Interviews with male and female APs and records of
337
6189.No.
6190. Category
6191. Basis for Indicators 6192. Means of Verification
organized job fairs6375. Satisfaction level of LRIP
assistance6376. Interviews with male and
female APs disaggregated by gender
6379. Number of successful enterprises (data disaggregated by gender and vulnerable group)
6380. Interviews with male and female APs
6383. Number of displaced persons whoimprove their incomes (data disaggregated by gender and vulnerable group)
6384. Interviews with male and female APs and comparison with the SES results
6387. Number of displaced persons whoimprove their standard of living (data disaggregated by gender and vulnerable group)
6388. Interviews with male and female APs and comparison with the SES results
6391. Number of displaced persons withagricultural replacement land lots (data disaggregated by gender and vulnerable group)
6392. Records of provided replacement land lots
6395. Quantity of land owned or contracted by displaced persons (datadisaggregated by gender and vulnerable group)
6396. Interviews with male and female APs
6397.6
6398. Benefitmonitoring
6399. Changes occurred in patterns of occupations, production, and resourceuse compared to the pre-project situation
6400. Interviews with male and female APs and comparison with the SES results
6403. Changes occurred in income and expenditure patterns compared to the pre-project situation
6404. Interviews with male and female APs and comparison with the SES results
6407. Changes occurred in key social and cultural parameters
6408. Interviews with male and female APs and comparison with the SES results
6411. Changes occurred for vulnerable groups
6412. Interviews with male and female APs and comparison with the SES results
6413. Source: JDT and DOTr
6414. Table XIII-171: Guide Questions for External Monitoring6415.No.
6416. Category
6417. Guide Question 6418. Means of Verification
6419.1
6420. ROWacquisition process
6421. How many APs who signed ADRIs vacated structures as agreed?
6422. Records of negotiations on land acquisition
6423.2
6424. Delivery of entitlements
6425. Were entitlements disbursed according to the number and the category of losses set out in the entitlement matrix?
6426. Records of disbursement compared to the entitlement matrix and the master list
6429. Was disbursement made to meet the timeline?
6430. Records of disbursement compared to the schedule
6433. Has the identification of displaced 6434. Records of validation
338
6415.No.
6416. Category
6417. Guide Question 6418. Means of Verification
persons losing land temporarily, e.g., through soil disposal, borrow pits, and the contractor’ camps, been included?
activities
6437. Was the disbursement of the agreed transport costs, relocation costs,income substitution support, and any available resettlement allowances madein a timely manner according to the schedule?
6438. Records of payment of compensation and assistance compared to the plan
6441. Were replacement land plots provided? What was the quality of new plots and issuance of land titles?
6442. Records of the provision of replacement land, issued land titles, and interviews with male and female APs
6445. Are social infrastructure and services restored?
6446. List of constructed social infrastructure compared to theplan
6449. Are LRIP activities being implemented as set out in the program, for example, utilizing replacement land, commencement of production, the number of the displaced persons trained for employment with jobs, disbursed microcredit, and the number of assisted income-generating activities?
6450. Records of the land-for-land provision, the number of organized training and attendance sheets, the number of organized job fairs, and the number of provided soft loans
6453. Have affected businesses received entitlements, including transfer and payment for net losses resulting from business closedown?
6454. Records of compensation payment and comparison withthe master list
6455.3
6456. Consultations and grievances
6457. Are consultations organized as scheduled including meetings, groups, and community activities?
6458. Records of SCMs compared to the plan
6461. Do APs have knowledge of their entitlements?
6462. Interviews with male and female APs
6465. How many APs have used the localhelp desk?
6466. Records on the GRM database
6469. How many cases have been resolved?
6470. Records on the GRM database
6473. Which information on the implementation of the social preparationphase is available to APs?
6474. Interviews with male and female APs
6475.4
6476. Communications and participation
6477. How many general meetings were held (for both men and women)?
6478. Records of SCMs and attendance lists
6481. What is the percentage of women out of total participants?
6482. Records of SCMs and attendance lists
6485. How many meetings were held exclusively with women?
6486. Records of SCMs and attendance lists
6489. How many meetings were held exclusively with vulnerable groups?
6490. Records of SCMs
6493. How many meetings were held at new sites?
6494. Records of SCMs
339
6415.No.
6416. Category
6417. Guide Question 6418. Means of Verification
6497. How many meetings were held between host communities and displaced persons?
6498. Records of SCMs
6501. What is the level of participation in meetings (data disaggregated by gender and vulnerable group)?
6502. Records of SCMs and attendance lists
6505. What is the level of information communicated? Is it adequate or inadequate?
6506. Records of SCMs and interview with male and female APs
6509. Was information properly disclosed?
6510. Records of SCMs with disclosed information and interview with male and female APs
6513. Was the translation of information disclosure in local languages available?
6514. Records of SCMs with disclosed information and interview with male and female APs
6515.5
6516. Budget and time frame
6517. Were land acquisition and resettlement staff appointed and mobilized on schedule for field and office works?
6518. Staffing records comparedto the plan
6521. Were capacity building and training activities completed on schedule?
6522. Records of training compared to the plan
6525. Were resettlement implementation activities achieved compared to the agreed implementation plan?
6526. Records of disbursement compared to the plan
6529. Were funds for resettlement agencies allocated on time?
6530. Records of fund transfer compared to the schedule
6533. Were the scheduled funds received by resettlement offices?
6534. Records of fund transfer and interview with resettlement offices
6537. Were the funds disbursed according to the DD RAP?
6538. Records of fund transfer compared to arrangements in the RAP
6541. Were social preparation activities implemented as per schedule?
6542. Record of organized activities compared to the implementation schedule
6545. Was land acquisition and occupation in time for implementation?
6546. Records of land acquisition compared to the schedule
6547.6
6548. Resettlement and relocation
6549. Were APs provided with adequate information, consulted on their preferences, and guided on procedures to avail of social housings?
6550. Records of gender-represented consultations andinterview with male and female APs
6553. Did APs participate in the selection and design of social housing locations and options?
6554. Records of meetings and interviews with male and female APs
6557. What is the number and percentageof APs provided with social housing programs?
6558. Final list of social housing beneficiaries disaggregated by gender compared to the AH master list
340
6415.No.
6416. Category
6417. Guide Question 6418. Means of Verification
6561. Were social housings provided to relocating APs timely?
6562. NHA records on the provision of housings of recipients disaggregated by gender compared to the schedule
6565. Was the quality of social housings provided to APs sufficient (i.e., suitability of locations, utilities, and access to social services)?
6566. On-site verification of relocation sites compared to the provisions specified in the DD RAP and interviews with male and female APs
6569. Was transitional assistance such astransportation allowances provided?
6570. Records on disbursement compared to the plan
6573. Was rental assistance provided until social housings are available for eligible APs?
6574. Records on the disbursement of rental subsidies by the LBP compared to the master list and records on resettlement to social housings
6577. What is the percentage of relocatedAPs who are able to pay amortizations?
6578. Records on the NHA`s collection of amortizations of payers disaggregated by gender compared to the master list
6581. What is the percentage of relocatedAPs satisfied with social housings and the remaining in social housings?
6582. Interviews with male and female APs and the list of APsdisaggregated by gender occupying social housings
6585. Was the management of the NHA adequate?
6586. Auditing with the NHA andinterviews with male and female APs
6587.7
6588. LRIP 6589. What is the number of displaced persons under rehabilitation programs (data disaggregated by gender and vulnerable group)?
6590. Final list of LRIP beneficiaries
6593. What is the percentage of APs eligible for LRIP assistance who register in the program (data disaggregated by gender and vulnerable group)?
6594. Final list of APs who register the LRIP compared tothe list of LRIP beneficiaries
6597. What is the percentage of eligible APs applying for soft loans?
6598. Records on APs disaggregated by gender who apply for soft loans compared to the master list
6601. What is the percentage of successful application for soft loans?
6602. Record of APs disaggregated by gender who are provided with soft loans compared to the list of APs who apply for
6605. What is the number of displaced persons and eligible APs who receive vocational or entrepreneurial training (data disaggregated by gender and
6606. Records on organized trainings and attendance lists compared to the final list of LRIP beneficiaries
341
6415.No.
6416. Category
6417. Guide Question 6418. Means of Verification
vulnerable group)?6609. What is the type of training and the
number of participants for each training?
6610. Records of organized trainings and attendance lists including gender information of attendees
6613. What is the number and percentageof displaced persons covered under theLRIP (data disaggregated by gender and vulnerable group)?
6614. List of LRIP beneficiaries compared to the AH master list
6617. What is the number of displaced persons who restore their incomes and livelihood patterns (data disaggregated by gender and vulnerable group)?
6618. Interviews with male and female APs
6621. How many new jobs are generated?
6622. Interviews with male and female APs
6625. What is the extent of participation inrehabilitation programs?
6626. Records on the participation of APs comparedto the list of LRIP beneficiariesdisaggregated by gender
6629. What is the extent of participation invocational training programs?
6630. Records on the participation of APs in training programs compared to the list of LRIP beneficiaries
6633. What is the level of satisfaction withLRIP assistance?
6634. Interviews with male and female APs
6637. What is the percentage of successful enterprises reaching break-even (data disaggregated by gender and vulnerable group)?
6638. Interviews with male and female APs and comparison with the SES results
6641. What is the percentage of displacedpersons who improve their incomes (data disaggregated by gender and vulnerable group)?
6642. Interviews with male and female APs and comparison with the SES results
6645. What is the percentage of displacedpersons who improve their standards ofliving (data disaggregated by gender and vulnerable group)?
6646. Interviews with male and female APs and comparison with the SES results
6649. What is the number of displaced persons who are given agricultural land lots as a replacement for land loss (datadisaggregated by gender and vulnerable group)?
6650. Records of provided replacement land lots
6653. What is the quantity of the land owned or contracted by displaced persons (data disaggregated by gender and vulnerable group)?
6654. Interviews with male and female APs and ownership documents
6655. Source: JDT and DOTr
342