phi: malolos-clark railway project (pfr1) (malolos-angeles i.)

Resettlement Action Plan

January 2021

PHI: Malolos-Clark Railway Project (PFR1)(Malolos-Angeles I.)

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-0.

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 AssociationIA Implementing AgencyICCs IPs/Indigenous Cultural Communities

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IEC 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 Noticed 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 OfficePO People’s OrganizationPROW Project Right-of-Way

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PSA 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 Safeguards 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 are physicallydisplaced (relocation, loss of residential land, or loss ofshelter) and/or economically displaced (loss of land,assets, access to assets, income sources, or means oflivelihoods) as a result of (i) involuntary acquisition ofland, or (ii) involuntary restrictions on land use or onaccess to legally designated parks and protectedareas.

Census Claims Assertion or declaration formally filed or made knownby a named/identified complainant regarding theconduct or result of census that may affect the eligibilityfor compensation and entitlement of the complainant orof another person. Common types of census claims areskipped during tagging, out- during-census,misstatement of census data, etc.

Cut-Off-Date The concept of the cut-off date for eligibility is typicallyused for the non-titleholders, which is generally thedate of commencement of the project census ofaffected persons within the project boundaries. Personsnot covered at the time of census taking will not beeligible for claims of compensation entitlements.

Economic Displacement Refers to loss of land, assets, access to assets, incomesources, or means of livelihoods as a result of thisproject.

Employees of Affected Businesses

Refers to persons employed in wage-based work inenterprises affected by this project.

Enterprise-based Non-land-based economic undertaking that is notsalaried/waged and associated with entrepreneurialventures.

Entitlement Range of measures comprising compensation, incomerestoration support, transfer assistance, incomesubstitution and relocation support which are due toaffected people, depending on the nature and severityof their losses, to restore their economic and socialbase.

Formal Structure Refers to structures or improvements owned by APswho have legal right on the land where the structure islocated and/or APs who have valid arrangement with

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the registered landowner. Used interchangeably with“legal structures” throughout this 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 or legalizablearrangement with the registered property owner.

Household A social unit consisting of a person living alone or agroup of persons who sleep in the same housing unitand have a common arrangement in the preparationand consumption of food.

Income Restoration Re-establishing income sources and livelihoods of APsto approximate or exceed the level it was before thedevelopment project.

Institutional Establishments Entities that provide government, education, andspiritual services.

Involuntary Resettlement Occurs when affected people do not have the right torefuse land acquisition and are displaced, which mayresult in long-term hardship and impoverishment aswell as social stress.

Land Acquisition The process whereby a person is compelled torelinquish ownership, possession, control or use of allor part of their land, structures or other assets to theproject in exchange for cash or in-kind compensation.This includes land or assets for which the possessor oruser enjoys customary or uncontested access but lackslegal title. For this project, compensation is based onreplacement cost.

Low Income Family Refers to family whose combined monthly income isbelow PhP40,000.

Non-Resident Businesses Refers to enterprises whose owners do not reside inthe same location of their enterprise.

Non-Resident Farmers Refers to farmers who do not reside on the land theyown and use, respectively, for farming.

Non-Resident Landowning Affected Owners

Refers to owners of land who do not reside on landaffected and to be acquired by this project.

Physical Displacement Relocation, loss of residential land, or loss of shelter asa result of this project.

PNR ROW Refers to the existing right-of-way owned by the

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Philippine 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 of scalewhose normal operation will be affected by the project.

Project-Affected Farms Refers to land-based economic activity whose normaloperation will be affected severely or marginally by theproject.

Relocation Physical displacement of an AP from his/her pre-projectplace of residence and his/her transfer to anotherplace.

Rental Subsidy Refers to a fixed amount of monetary assistance fortemporary accommodation of AHs while awaiting fortheir movement/transfer to their choice of relocation.

Replacement Cost Amount of cash or kind needed to replace an asset(i.e., land, private structure, crops and trees, publicstructure and common resource). Replacement costcalculation comprises these elements: (i) fair marketvalue; (ii) transaction costs; (iii) interest accrued (ifany), (iv) transitional and restoration costs (if any); and(v) other applicable payments (if any).

Resident Business Owners This refers Affected Households who have enterpriseslocated in their places of residence.

Resident Landowning AffectedHouseholds/Persons

Households who reside on project-affected land theyclaim to own.

Severely Affected Impacts caused by the project resulting in 10% or moreof loss of productive resources and/or physicaldisplacement, or if residual holdings are no longereconomically viable.

Vulnerable groups Distinct groups of people who might sufferdisproportionately or face the risk of being marginalizedby the effects of resettlement and specifically include:The project defines vulnerable persons as (i)underprivileged below national poverty line, (ii)households headed by senior citizens, (iii) solo parent-headed households, and (iv) households with memberswho are persons with 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.

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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 judgements as to the legal or otherstatus of any territory or area.

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TABLE OF CONTENTS

YABBREVIATIONS.................................................................................................................. ii

GLOSSARY...........................................................................................................................v

TABLE OF CONTENTS......................................................................................................viii

LIST OF TABLES................................................................................................................xii

LIST OF FIGURES...............................................................................................................xv

EXECUTIVE SUMMARY.....................................................................................................xvi

CHAPTER 1: PROJECT DESCRIPTION...............................................................................1

A. Background..............................................................................................................1

B. Objectives of Malolos Clark Railway Project............................................................1

C. Scope of the Project.................................................................................................2

D. Proximity to Ancestral Domain and Certificate of No-Overlap..................................2

E. Project Components.................................................................................................2

F. Maintenance Base.................................................................................................15

G. Substations............................................................................................................15

H. Utilities...................................................................................................................16

I. Construction Yards, Borrow Pit and Spoil Disposal Area.......................................16

J. Comparison on Alternatives Without Project Option...............................................16

K. ROW Alternative Option.........................................................................................16

CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT...........................19

A. Methodology to Assess Impacts.............................................................................19

B. Cut-off Date............................................................................................................20

C. Overview of Land Acquisition and Resettlement Impacts.......................................21

D. Affected Land.........................................................................................................23

E. Affected Structures.................................................................................................25

F. Affected Crops and Trees......................................................................................26

G. Impacts on Livelihoods...........................................................................................26

H. Vulnerable Households..........................................................................................30

I. Impacts Associated with Utility Relocation.............................................................31

CHAPTER 3: SOCIO-ECONOMIC PROFILE OF PROJECT AFFECTED PERSONS........32

A. Socio-Economic Survey Overview.........................................................................32

B. Resident Land Owner Households.........................................................................33

C. Affected Non-Resident Landowners.......................................................................46

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D. Businesses and Institutional Establishments..........................................................47

E. Non-Resident Farmers...........................................................................................55

CHAPTER 4: LEGAL AND POLICY FRAMEWORK...........................................................57

A. Policies and Guidelines Applied to the Project.......................................................57

B. Philippine Legal Framework...................................................................................57

C. Executive/Administrative/Department Orders.........................................................71

D. Relevant Manuals, Policies and Memorandum Circulars.......................................74

E. JICA Policies on Involuntary Resettlement.............................................................76

F. ADB Policy on Involuntary Resettlement and Indigenous Peoples.........................77

G. Resettlement Policy Comparison...........................................................................80

H. Fundamental Project Policy....................................................................................92

I. Cut-Off Date...........................................................................................................94

J. Principle of Replacement Cost...............................................................................94

K. Eligibility and Project Impacts.................................................................................97

CHAPTER 5: COMPENSATION AND ENTITLEMENT.....................................................102

A. Units of Entitlements............................................................................................102

B. Conditions............................................................................................................103

C. Eligibility...............................................................................................................104

D. Modes of Acquisition............................................................................................104

E. Processes for Provisions of Compensation and Entitlements...............................104

F. Process for Negotiated Sale.................................................................................104

G. Process of Expropriation......................................................................................106

H. Required Documents for Payment of Compensation............................................107

I. Income Loss.........................................................................................................108

J. Assistance to Obtain Necessary Documents........................................................108

K. Payment Schedule...............................................................................................109

L. Entitlement Matrix................................................................................................110

CHAPTER 6: RESETTLEMENT PLANS FOR RESIDENT LANDOWNERS.....................125

A. Beneficiaries of the Relocation Assistance...........................................................125

B. Relocation Assistance..........................................................................................126

C. Right of Way Acquisition and Displacement Procedure........................................127

CHAPTER 7: PUBLIC CONSULTATION..........................................................................129

A. Principles for Consultation and Participation........................................................129

B. Project Stakeholders............................................................................................130

C. Consultation and Participation Mechanisms.........................................................130

D. Consultation/Participation Mechanism Undertaken During Feasibility Study Phase132

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E. Consultation and Participation Mechanism Undertaken During Detailed Design Phase133

F. Focus Group Discussions (FGDs) with Vulnerable Groups..................................147

G. Focus Group Discussion (FGD) with the Business Sector...................................149

H. Consultation and Participation Mechanism Undertaken During Project ImplementationPhase 151

I. COVID-19 Health and Safety Measures for Physical Consultations.....................154

J. Disclosure of RAP Documents.............................................................................157

CHAPTER 8: LIVELIHOOD RESTORATION AND IMPROVEMENT PLAN......................159

A. Objectives of the LRIP..........................................................................................159

B. Categories of APs with Affected Livelihoods and Types of Livelihood Assistance159

C. Methodology for Developing the LRIP..................................................................159

D. Livelihood Rehabilitation Measures......................................................................161

E. Description of Types of Livelihood Restoration and Improvement Activities.........163

F. Implementation Arrangements.............................................................................170

G. LRIP Budget Estimate..........................................................................................171

CHAPTER 9: GRIEVANCE REDRESS MECHANISM.......................................................173

A. Scope and Objectives of the Grievance Redress Mechanism..............................173

B. Principles Guiding the Grievance Redress Mechanism........................................173

C. DOTr’s GRM Team..............................................................................................173

D. Levels of GRM.....................................................................................................175

E. Court of Law.........................................................................................................178

F. ADB’s Accountability Mechanism.........................................................................178

G. JICA’s Objection Procedures...............................................................................178

H. Grievance Redress Mechanism Procedures........................................................178

I. Status of Grievance Redress Mechanism Set-up for MCRP................................182

J. Information Dissemination....................................................................................183

K. Capacity Building of GR Officers..........................................................................184

L. Monitoring and Reporting on Grievance Redress.................................................185

M. Continuous Update of the GRM...........................................................................186

CHAPTER 10: RAP IMPLEMENTATION ARRANGEMENTS...........................................187

A. Department of Transportation..............................................................................189

B. Partner Institutions...............................................................................................193

CHAPTER 11: RAP IMPLEMENTATION SCHEDULE......................................................208

A. Implementation Schedule of Construction............................................................208

B. Schedule of RAP..................................................................................................208

C. RAP Implementing Institutions.............................................................................208

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D. Land Acquisition...................................................................................................208

E. Provision of Livelihood Restoration and Improvement Program...........................209

F. Relocation of Utilities............................................................................................210

G. Monitoring of RAP Implementation.......................................................................210

H. Arrangements for Implementation of RAP............................................................211

I. Information Dissemination and Consultation........................................................211

CHAPTER 12: COST AND BUDGET FOR RESETTLEMENT AND ACQUISITION OF LANDASSETS.............................................................................................................................214

A. Cost of Required Land.........................................................................................216

B. Replacement Cost of Affected Structures.............................................................216

C. Resettlement Assistance......................................................................................216

D. Allowance for Hardship Due to Vulnerability.........................................................218

E. LRIP Cost.............................................................................................................219

F. RAP Implementation and Monitoring....................................................................219

G. Funds for RAP Implementation............................................................................220

CHAPTER 13: MONITORING AND EVALUATION...........................................................221

A. Purpose of RAP Monitoring and Evaluation.........................................................221

B. Institutional Arrangement.....................................................................................221

C. Internal Monitoring...............................................................................................221

D. External Monitoring..............................................................................................221

E. Reporting.............................................................................................................222

F. Monitoring Indicators............................................................................................224

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LIST OF TABLES

Table 1-1: Sections of the Main Railway Line in Between Stations........................................3Table 1-2: List of Span Layout of Viaducts and Bridges at Major Crossings...........................9Table 1-3: Station Location...................................................................................................10Table 1-4: Station Type........................................................................................................14Table 1-5: Comparison of MCRP Structural Type................................................................17Table 2-1: Cut-Off Dates for Non-Resident Businesses, Institutional Establishments, andFarmers................................................................................................................................20Table 2-2: Summary of Impact of MCRP..............................................................................22Table 2-3: Affected Total Project ROW Land Area (m2)........................................................23Table 2-4: Total Project ROW for Land Acquisition by Land Classification...........................24Table 2-5: Estimated Severity of Impact on Residential Land Lots.......................................24Table 2-6: Estimated Severity of Impact on Commercial Land Lots.....................................24Table 2-7: Types of Affected Structures...............................................................................25Table 2-8: Affected Trees and Crops....................................................................................26Table 2-9: Affected Businesses per LGU.............................................................................27Table 2-10: Affected Businesses by Size per LGU...............................................................27Table 2-11: Affected Institutional Establishments per LGU by Industry/Sector.....................28Table 2-12: Names of Affected Institutional Establishments.................................................28Table 2-13: Affected Farmers by Severity of Impact.............................................................29Table 2-14: Affected Non-Resident Farmers by Reported Tenure Status.............................30Table 2-15: Vulnerable Households.....................................................................................30Table 2-16: Types of Vulnerabilities (Multiple Response).....................................................31Table 3-1: Summary of Survey.............................................................................................34Table 3-2: Household Composition......................................................................................35Table 3-3: Educational Attainment of Household Members..................................................35Table 3-4: Age Distribution of Household Heads..................................................................36Table 3-5: Civil Status of Household Heads.........................................................................36Table 3-6: Monthly Household Income (All Sources)............................................................37Table 3-7: Average Monthly Household Expenditures (PhP)................................................37Table 3-8: Primary Source of Household Income.................................................................38Table 3-9: Location of Wage-Based Livelihood....................................................................39Table 3-10: Types of Wage-Based Livelihood......................................................................39Table 3-11: Status of Employment.......................................................................................40Table 3-12: Location of Enterprise-Based Livelihood...........................................................40Table 3-13: Type of Enterprise-Based Livelihood.................................................................40Table 3-14: Secondary Sources of Income...........................................................................41Table 3-15: Membership in Financial Institutions..................................................................42Table 3-16: Home-Based Enterprises and Participating Household Members.....................42Table 3-17: Types of Home-Based Enterprises....................................................................42Table 3-18: Access to Water................................................................................................43Table 3-19: Access to Sanitation Facilities...........................................................................44Table 3-20: Access to Electricity..........................................................................................44Table 3-21: Cooking Facilities among Project Affected Households*...................................45Table 3-22: Number of Years in Current Location................................................................45Table 3-23: Type of Residence as Claimed..........................................................................45Table 3-24: Place of Previous Residence.............................................................................46Table 3-25: Reasons for Establishing Residence in the Current Location............................46Table 3-26: Vulnerable Households.....................................................................................47

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Table 3-27: Types of Vulnerabilities (Multiple Response).....................................................47Table 3-28: Gender Distribution of Non-Resident Landowners.............................................48Table 3-29: Proof of Ownership............................................................................................48Table 3-30: Businesses Per LGU.........................................................................................49Table 3-31: Ownership Type................................................................................................49Table 3-32: Business Industries/Sectors..............................................................................49Table 3-33: Years of Business Operations...........................................................................50Table 3-34: Business License/Permit...................................................................................51Table 3-35: Land Ownership Among Businesses.................................................................51Table 3-36: Tenure Status of Non-Landowner Businesses..................................................51Table 3-37: Gross Monthly Income of Businesses...............................................................52Table 3-38: Affected Institutional Establishments per LGU by Industry/Sector.....................52Table 3-39: Names of Affected Institutional Establishments.................................................52Table 3-40: Years of Operations (Institutional Establishments)............................................53Table 3-41: Land Ownership of Institutional Establishments................................................53Table 3-42: Tenure Status of Non-Landowner Institutional Establishment...........................53Table 3-43: Gross Monthly Income of Institutional Establishments.......................................54Table 3-44: Business and Establishment Classification and Reported Employees...............54Table 3-45: Reported Employees by Industry/Sector...........................................................54Table 3-46: Reported Employee Salaries.............................................................................56Table 3-47: Affected Non-Resident Farmers by Tenure Status............................................56Table 3-48: Farm Activities...................................................................................................56Table 4-1: List of Applicable Legal Framework.....................................................................58Table 4-2: Price Ceiling for Socialized Subdivision Projects.................................................74Table 4-3: Price Ceiling for Socialized Condominium Projects.............................................74Table 4-4: Gap Analysis and Harmonized Involuntary Resettlement Policy.........................81Table 4-5: Categories of Business Enterprises...................................................................100Table 5-1: APs Entitled to Livelihood Restoration Assistance.............................................104Table 5-2: Payment Schedule for Legal Property Owners..................................................110Table 5-3: Entitlement Matrix..............................................................................................112Table 6-1: Required Documents for Compensation Under Self-Relocation........................127Table 6-2: Rental Subsidy for Self-Relocation....................................................................128Table 7-1: Information Disclosure and Stakeholders’ Consultation Communication Plan...132Table 7-2: SCMs, Stakeholders and Information Disclosed during FS RAP.......................133Table 7-3: Summary of Information, Education, and Communication Meetings..................134Table 7-4: Issues and Concerns Raised in the IEC Meetings during DD RAP Phase........135Table 7-5 Summary of the First Round of Stakeholder Consultation Meetings in the LGUs137Table 7-6 Issues and Concerns Raised During the First Round of Stakeholder ConsultationMeetings in the LGUs.........................................................................................................139Table 7-7: Attendance at the Second Stakeholder Consultation Meeting in the LGUs.......144Table 7-8 Issues and Concerns Raised During the Second Stakeholder Consultation Meeting(SCM) in the LGUs.............................................................................................................145Table 7-9: Summary of Focus Group Discussion with Vulnerable Groups the LGUs.........148Table 7-10: Result of Focus Group Discussion with Vulnerable Groups in the LGUs.........148Table 7-11: Summary of Focus Group Discussion with the Business Sector.....................150Table 7-12: Result of Focus Group Discussion with the Business Sector...........................151Table 7-13: Materials Distributed to APs............................................................................154Table 7-14 Social Media Accounts for the Project..............................................................154Table 7-15: General Health and Safety Approach..............................................................155Table 7-16: Required Protective Approaches for Staff and Participants.............................156

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Table 7-17: Project COVID-19 Measures to Physical Public Consultations and Ground Surveys........................................................................................................................................... 157Table 7-18: List of Disclosed Documents Upon Completion of FS.....................................158Table 7-19: Documents to be Disclosed.............................................................................159Table 8-1: Identified Skills Needed based on the TNA.......................................................161Table 8-2: Summary of Categories of APs, Proposed Livelihood Rehabilitation Measures andRecommended Livelihood Assistance................................................................................163Table 8-3: Financial Management Training Outline............................................................165Table 8-4: Implementation Step for Replacement Land or Rental Space to Reestablish Business........................................................................................................................................... 165Table 8-5: Loan Assistance................................................................................................166Table 8-6: List of Sample TESDA Courses.........................................................................167Table 8-7: Entrepreneural Training.....................................................................................169Table 8-8: Anticipated Project Related Employment Opportunities....................................171Table 8-9: Summary of Roles and Responsibilities of Concerned Agencies......................171Table 8-10: Estimated LRIP Budget...................................................................................173Table 9-1 Levels of Grievance Redress Mechanism..........................................................177Table 9-2: Grievance Redress Mechanism Procedure.......................................................180Table 9-3: Status of the Local Help Desk and the Local GRM Team (as of May 2020)......183Table 9-4: Composition of the Central GRM Team (as of May 2020).................................184Table 9-5: Dissemination Methodology of GRM Materials and Timeline.............................184Table 9-6: Summary Information of GRM Trainings...........................................................185Table 10-1: Implementing Units and Coordinating Bodies..................................................188Table 10-2: Composition of the DOTr's Technical Working Committee..............................191Table 10-3: Composition of the Project Management Office (as of 15 May 2019)..............194Table 10-4: Composition of the Project Inter-Agency Committee.......................................195Table 10-5: Roles and Responsibilities of Project Inter-Agency Committee Members.......195Table 10-6: Composition of the Technical Working Group.................................................196Table 10-7: Composition of the RIMC................................................................................202Table 10-8: Roles and Responsibilities of RIMC Members.................................................203Table 10-9: Roles and Responsibilities of Sub-Committees of the RIMC...........................204Table 11-1: RAP Implementation Schedule........................................................................213Table 12-1: Estimated RAP Implementation Cost..............................................................215Table 12-2: Summary of Affected Lands and Costs...........................................................217Table 12-3: Cost of Rental Subsidy....................................................................................218Table 12-4: Cost of Connection of Basic Utilities................................................................218Table 12-5: Cost of Transportation Assistance...................................................................219Table 12-6: Cost of Food Assistance..................................................................................219Table 12-7: Cost for Inconvenience Allowance...................................................................220Table 12-8: Cost for Special Assistance.............................................................................220Table 12-9: Budget for Internal Monitoring.........................................................................220Table 12-10: Budget for External Monitoring......................................................................221Table 13-1: Monitoring Reports..........................................................................................223Table 13-2: Indicative Monitoring Indicators for Internal Monitoring....................................225Table 13-3 Guide Questions for Internal Monitoring...........................................................228Table 13-4: Indicative Monitoring Indicators for the EMA...................................................231Table 13-5: Guide Questions for External Monitoring.........................................................234

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LIST OF FIGURES

Figure 1-1: Project ROW in Malolos.......................................................................................4Figure 1-2: Project ROW in Calumpit.....................................................................................4Figure 1-3: Project ROW in Apalit...........................................................................................5Figure 1-4: Project ROW in Minalin........................................................................................5Figure 1-5: Project ROW in Sto. Tomas.................................................................................6Figure 1-6: Project ROW in San Fernando.............................................................................6Figure 1-7: Project ROW in Angeles.......................................................................................7Figure 1-8: Viaduct Structure for Typical Section...................................................................8Figure 1-9: Perspective of Typical Viaduct Structure..............................................................9Figure 1-10: Location of Calumpit Station............................................................................11Figure 1-11: Location of Apalit Station..................................................................................12Figure 1-12: Location of San Fernando Station....................................................................13Figure 1-13: Location of Angeles Station..............................................................................14Figure 1-14: Cross-section of Calumpit, San Fernando, Angeles Stations...........................15Figure 1-15: Cross-section of Apalit Station.........................................................................15Figure 5-1: DOTr Land Acquisition Swimlane.....................................................................107Figure 10-1: RAP Implementation Structure (as of February 2020)....................................189Figure 10-2: Structure of the Project Management Office (as of 15 May 2019)..................193Figure 10-3: Composition and Structure of the RIMC (as of February 2020)......................206

LIST OF APPENDICES

Appendix 1 – Masterlists of Affected PersonsAppendix 2 – Copy of Certificate of Non-Overlap (CNO)Appendix 3 – Replacement Cost Study (RCS) MethodologyAppendix 4 – Sample Notice of Taking (NoT)Appendix 5 – Sample Offer to Buy (OTB)Appendix 6 – Sample Agreement to Demolish and Remove Improvements (ADRI)Appendix 7 – Memorandum of Agreement (MOA with Landbank of the Philippines Appendix 8 – Public Information BrochureAppendix 9 – Draft Quarterly Monitoring FormAppendix 10 – Draft Terms of Reference (TOR) for External Monitoring Agent (EMA)

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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 land acquisition and clearance of right-of-way (ROW) involving the (i) ResidentLandowners, (ii) Non-Resident Landowners, (iii) Non-Resident owners of Businesses and OtherEstablishments, and (iv) Non-Resident Farmers. This RAP will also assess the socio-economiccontext of affected people in the area and present agreed measures to fully mitigate impactswithin 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 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 (this RAP), and (iv) Malolos-Angeles PNR ROW clearing. This RAP focuses on impacts associated with acquisition of landoutside the existing PNR ROW and covers landowners and any losses associated with thatsuch as residences, businesses, establishments and farms.

4. This RAP covers the 43.8 km section from Malolos to Angeles. It is also limited toResident Landowners, Non-Resident Landowners, Non-Resident Businesses and InstitutionalEstablishments and Non-Resident Farmers that will be affected by the Project. This sectionincludes viaducts and four stations.

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. A total of 156.75 ha of land is required for the Malolos to Angelessection of the MCRP. This includes 69.05 ha of private land, 86.6 ha of PNR land and 1.1 ha ofother government land. 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.

1 Covering works packages N-01, N-02, and N-03.

xvii

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 displacements of514 Resident Landowning AHs (2418 persons), 353 Non-Resident Landowning Individuals, 619Businesses and Institutional Establishments with 2538 reported employees, and 20 Non-Resident Farmers. None of the AHs or APs covered in this RAP require resettlement tosocialized housing sites.

7. All APs who will experience loss of assets and income are entitled to compensation andassistance described in the Entitlement Matrix (EM) aimed at restoring, if not improving, theirliving standards.

8. There are 14 institutional establishments to be affected by the project with one schoolbeing severely affected. For the severely affected school, it will be replicated in another sitewithin the same barangay prior to transfer of educational services.

9. 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.

10. 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. This RAP will be updated upon finalization of theIndependent Property Appraiser’s (IPA) determination of replacement cost when theresettlement budget will be finalized. Addendum RAPs may be required to address additionalimpacts such as potential impacts associated with utility relocation.

11. Affected Persons and Eligibility. APs are those who stand to lose, as a consequenceof the project, all or part of their physical and non-physical assets, including homes,communities, productive resources such as trees and crops, income-earning opportunities,social and cultural networks and activities. The cut-off-date for Resident Landowners and Non-Resident Landowners will be at the time of their receipt of the Notice of Taking. The cut-of-datefor Businesses and Establishments (and affected Employees) and Non-Resident Farmers wasset at the Project’s DD Phase (January 2019). APs are those who stand to lose, as aconsequence of the project, all or part of their physical and non-physical assets, includinghomes, communities, productive resources such as trees and crops income-earningopportunities, social and cultural networks and activities.

12. 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 the

xviii

implementation of the ROW clearing work, resettlement and the allocation of compensation andentitlements in accordance with the EM.

13. Relocation Assistance. The EM includes two options for the 514 resident landownerswho are occupying 481 residential structures (some structures may have more than onehousehold). These two options are: (i) assisted resettlement and (ii) self-relocation as detailed inthe Resettlement Plan Chapter.

14. Livelihood Restoration and Improvement Program. The DOTr will implement theLivelihood Improvement and Restoration Program (LRIP) in partnership with the LGUs coveredin this RAP, national and regional (Region 3) government agencies. The approach involvesshort and immediate intervention appropriate to the needs of the AHs/ APs and is genderresponsive. The APs/ AHs engaged in farming and other micro-business activities will beassisted to re-establish their businesses. APs desiring to set-up other business not similar towhat they do, will be provided with technical assistance and access to soft loans. All APs(Affected Household Members and Business and Establishment Employees) shall be assistedin job placement under the construction activities of the Project. Assistance is also beingextended by the local government through skills enhancement training and in assisting APs insecuring documentary requirement for employment. The RAP Implementation andManagement Committees (RIMC) Sub-Committee on Livelihood Restoration at the LGU willoversee and monitor the LRIP implementation.

15. 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.

16. 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 epicentre 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.

17. 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),2 Free and clear land is defined as land without project affected persons, compensable structures, improvements, trees, crops and

utilities and other impacts to which persons are eligible for compensation and assistance.

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and monitoring of the RAP implementation. This schedule was updated during the DetailedDesign (DD) Phase.

18. Budget and Financing. The RAP budget for this RAP is estimated at PhP8,383,816,491. The budget covers costs to pay land, acquisition of main and associatedstructures and improvements acquisition, relocation assistance, livelihood assistance,compensation for crops and trees, grievance redress mechanism implementation, and overallRAP implementation and monitoring (including administrative costs and a 10% contingency).

19. 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)has 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.

20. Consultation, Participation, and Disclosure. Meaningful consultation has beenconducted to ensure that issues and concerns of AHs have been incorporated in the projectpreparation. Information, Education and Communication (IEC) Meetings with concerned LocalGovernment Units (LGUs) were conducted to disclose initial information about the project, priorto any RAP-related activities. Suggestions and inputs were noted and issues and concerns wereconsidered. Stakeholder Consultation Meetings (SCMs) were held with APs during theFeasibility Study (FS) Phase and Detailed Design (DD) Phase. Three rounds of SCMs wereconducted during the FS RAP Phase and two rounds during the DD RAP Phase. In the 1st SCMDD RAP Phase, the DOTr disclosed updates on the Project and information of the RAPactivities which was followed by an open forum. In the 2nd SCM, the DOTr disclosed the finalcompensation package, the relocation assistance options and LRIP, followed by an open forum.Focus Group Discussions (FGDs) were also held to substantiate the data gathered from theSES with affected business sectors and vulnerable groups as described in Chapter 7. Healthand safety measures are being applied to consultation activities in this time of COVID-19pandemic. This RAP will also be accessible to the public through the JICA, ADB and DOTrwebsites.

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1. CHAPTER 1: PROJECT DESCRIPTION

1. This Resettlement Action Plan (RAP) covers land acquisition outside the existing PNRROW including resident and non-resident landowners and business owners and non-residentfarmers (owners/operators) who will be affected by the Project in the City of Malolos andMunicipality of Calumpit in the Province of Bulacan and in the Municipalities of Minalin, Sto.Tomas and Apalit and in the Cities of San Fernando and Angeles all in the Province ofPampanga for the Malolos-Clark Railway Project (MCRP), also known as the North-SouthCommuter Railway Extension Project (NSCR-Ex or Clark Extension). Another RAP covers thenon-landowners of this section. There is also a RAP which covers the Mabalacat depot areaand Mabalacat main line. Lastly, as the MCRP also covers the Solis to Blumentritt section in thesouth, there will be two RAPs for this section also covering landowners and non-landowners.

A. Background

2. 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.

3. 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.

4. 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.

5. 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. Objectives of Malolos Clark Railway Project

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.

4Philippines Statistic Authority (PSA), 2015 Census of Population.

1

6. 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 easethe traffic congestion on existing national and local roads along the railway’s route whileaccelerating economic growth and expansion along the project’s influence areas.

7. 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.

8. 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

9. This portion of the RAP will require land acquisition of 70.15 ha of land for the ROW inthe cities/municipalities of Malolos and Calumpit in the Province of Bulacan and in thecities/municipalities of Apalit, Minalin, Sto. Tomas, San Fernando and Angeles in the Provinceof Pampanga.

10. This RAP is based on the detailed engineering design for the project works and coversacquisition of land outside of the existing PNR ROW for the mainline ROW and new stations. Land required for depot in Mabalacat and new spur line to the depot is covered under theseparate Mabalacat City RAP for MCRP. Affected Persons within the existing PNR ROW arecovered under a separate RAP.

D. Proximity to Ancestral Domain and Certificate of No-Overlap

11. A Certificate of No-Overlap (CNO) was issued on September 19, 2018 by the NationalCommission for Indigenous Peoples (NCIP) to confirm that the entire MCRP project area hasno-overlap with the ancestral domain (with Certificate of Ancestral Domain Title No. 025-A)which is near the proposed depot of the project. This was the result of the Field BasedInvestigation (FBI) conducted by NCIP on 29 August 2018 (Appendix 2).

E. Project Components

12. 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.

13. 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; and

2

drainages, 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)

14. 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 1 -1 provides further details on the 43.9km section covered by this RAP. The MCRP alignment per LGU is shown in Figure 1-1 to 1-7.

Table 1-1: Sections of the Main Railway Line in Between Stations

Section DescriptionMalolos 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 30mROW. There are residences between PNR ROW and MacArthur Highwayrunning parallel on the east. On the west are also houses, while vacant areais dominant.

Calumpit to Apalit This section features viaducts on a 30m wide ROW. The alignment is in arural area except for some residential complexes around Calumpit Stationand Apalit River. After passing Apalit River, where MacArthur Highway whichis on embankment structure is close to PNR ROW, the alignment was shiftedwestward and passes outside PNR ROW, to minimize the interference to thehighway embankment.

Apalit to San Fernando This section features viaducts on 30m wide ROW. This section passes in arural area and there are no substantial obstructive buildings except for theurban area beyond San Fernando Station. To avoid speed limit, a largerradius was considered in the curved alignment, taking a shortcut inwardacross the existing PNR ROW, creating additional land acquisitionrequirements.

San Fernando toAngeles

This section is located in residential areas and passes through some denselypopulated segments. The width of PNR ROW in this section is approximately13m only, which requires additional land acquisition. Consideringsurroundings such as residence, the additional land will be acquired to thewest in the north of this section.

Angeles to MabalacatCity border

This section is located in a dense residential area, and the width of theexisting PNR ROW is not wide enough, requiring additional land acquisitionbeside the alignment.The existing railway land at the south of the Mabalacat City borders isnarrow. This location is surrounded by the Manuel A. Roxas Highway atnorth, hotels at west and dense residential area at east. Since the width ofROW is 10m only, the land acquisition is required to secure the required 30mwidth of ROW. The alignment affects the Santa Maria elementary school ateast of the route, and the school is to be relocated within the same Barangay.

3

Figure 1-1: Project ROW in Malolos

Source: JICA Design Team

Figure 1-2: Project ROW in Calumpit


4

MAP ALIGNMENT FORMALOLOS, BULACAN

(34+749 TO 38+960)

MAP ALIGNMENT FORCALUMPIT, BULACAN

(38+960 TO 44+020)

Figure 1-3: Project ROW in Apalit


Figure 1-4: Project ROW in Minalin


5

MAP ALIGNMENT FORAPALIT, PAMPANGA(44+020 TO 48+030)

MAP ALIGNMENT FORMINALIN, PAMPANGA

(48+030 TO 52+100)

Figure 1-5: Project ROW in Sto. Tomas


Figure 1-6: Project ROW in San Fernando


6

MAP ALIGNMENT FOR STO. TOMAS, PAMPANGA

(52+100 TO 56+500)

Figure 1-7: Project ROW in Angeles

15. 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 1-8 to Figure 1-9.

7

MAP ALIGNMENT FORANGELES, PAMPANGA

(72+890 TO 78+630)

Figure 1-8: Viaduct Structure for Typical Section


8

Figure 1-9: Perspective of Typical Viaduct Structure


2. Bridges

16. Where crossings exceed the length of typical viaducts (40 m), bridges will be built withinthe 30 m ROW, to cross rivers and infrastructures. The location of bridges at major crossingsand locations in the LGUs covered by this RAP are described below in Table 1 -2.

Table 1-2: List of Span Layout of Viaducts and Bridges at Major Crossings

Kilometrage5 Crossing Span Layout Structure Type

40+960 Angat River 40m+50m+40m

3 span continuous PC-Box GirderBridge

43+200 Pampanga (RioGrande) River

70m+90m+70m


45+050 Sulipan Channel FloodWay

60m+90m+60m


50+720 Malalam River (LourdesRiver)

60m+90m+60m


53+320 Pambaling River 60m+90m+60m


59+771 Jose Abad SantosAvenue

50m+70m+50m


61+000 McArthur Highway 80m+140m+80m

3 span continuous ExtradosedBridge

70+025 Sapang Balen 50m+70m+50 3 span continuous PC-Box Girder

5The kilometrage indicates the distance from Solis Station.

9

Kilometrage Crossing Span Layout Structure Type

m Bridge

74+005 McArthur Highway 55m Single span PC-Box Girder Bridge

76+160 Abacan River 60m+90m+60m


77+845 Manuel A. RoxasHighway

70m+90m+70m



17. This section will be elevated. There will be no embankments.

3. Stations

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.

19. 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.

20. Station locations. The station locations and the distance between the stations of MCRPcovered under this RAP are indicated in Table 1 -3.

Table 1-3: Station Location

Stations LocationKilometrageof the Center ofStation

Inter-stationDistance (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, Pampanga 73km 655m (73+655) 15.04 Source: JICA Design Team

21. 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 was

10

initially 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.

Figure 1-10: Location of Calumpit Station


22. 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.The station is located a few hundred meters from the Apalit-Macabebe-Masantol Road, which isa major thoroughfare connecting the three above stated municipalities. The surrounding areasinclude rice fields and private subdivisions. The area is also characterized by patches ofmarshlands and swamps. The station location is roughly a kilometer westward from the maintown center where the Apalit Public Market, provincial bus transport terminals, bankinginstitutions, and religious establishments are located. The neighbouring 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 Macabebe-Mansantolroad at the north of the station.

11

MCRP CALUMPIT STATION

OLD PNR CALUMPITSTATION

MCRP Project ROWExisting PNR ROW

Figure 1-11: Location of Apalit Station


23. San Fernando Station. The station is straddled within a highly built up area in BarangaySanto Niño, 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.

12

MCRP APALIT STATION


Figure 1-12: Location of San Fernando Station


24. 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.

13

MCRP SAN FERNANDO STATION


Figure 1-13: Location of Angeles Station


25. 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 1-4: Station Type

Station Calumpit ApalitSanFernando

Angeles

Platform TypeIsland3 level(Elevated)

Side2 level(Elevated)

Island3 level(Elevated)

Island3 level(Elevated)


14

MCRP ANGELES STATION


Figure 1-14: Cross-section of Calumpit, San Fernando, Angeles Stations


Figure 1-15: Cross-section of Apalit Station


F. Maintenance Base

26. 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.

G. Substations

15

27. The substations which will provide electricity for the train operation are designed to belocated under the viaducts, and within the 30m PROW.

H. Utilities

28. 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.

29. 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.

I. Construction Yards, Borrow Pit and Spoil Disposal Area

30. The decision on the selection of construction yards, borrow pit and spoil disposal areawill be made by the contractor. The General Consultant (GC)6 will oversee the potential impactsand report on these in monitoring reports, as specified in Chapter 13. If there will be anypotential resettlement implications, the provisions included in the Entitlement Matrix in Chapter 6will be applied, and safeguard documents and plans prepared.

J. Comparison on Alternatives Without Project Option

31. 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.

K. ROW Alternative Option

32. For railway structures, alternative options for the below two types were considered forthis section:

a. Elevated structure (Viaduct)b. Embankment structure

6 General Consultant is the term used for the Consultant providing consulting services during the Project Implementation

Phase.

16

33. Result 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.

Table 1-5: Comparison of MCRP Structural Type

Elevated Structure Option Embankment Structure Option

Appearance

10.3m

15~20m

MCR

10.3m

15~20m

地盤改良

MCR

Social Environment

Land Acquisition A: The necessary ROW is the narrowest B: Wider ROW is necessary than elevatedstructure for the amelioration of the soil

AffectedHouseholds

B: Resettlement of APs within the ROW isnecessary

B: Resettlement of APs within the ROW isnecessary

ROW A The necessary ROW between stationsis 30m, and 60m at station

B: The necessary ROW between stationsexceeds 30m due to area of ameliorationof the soil, and 60m at station

Dividing of localcommunity B: Minor impact of community division C: Significant impact of community

division

Natural Environment

Biodiversity B: Less impact than embankment option isexpected

C: Significant impact is expected

Flooding RisksA: As it is an elevated structure, thetracks will not be submerged in case offlooding

C: As the embankment will act as a dam,additional drainage will be necessary tominimize flooding

Pollution Prevention

NoiseB: Noise will be generated along therailway, but the impact can be mitigated byinstalling the noise barrier.

B: Noise will be generated along therailway, but the impact can be mitigated byinstalling the noise barrier

Air Pollution

B: The operation of constructionmachinery and vehicles duringconstruction is expected to generate airpollution

B: There will be many vehicles loadingembankment material during constructionand air pollution is expected

Water Pollution A: Limited impact A: Limited impact

GroundSubsidence A: No ground subsidence C: There is risk of land subsidence in case

of soft ground

17

Elevated Structure Option Embankment Structure Option

Engineering

ConstructionDifficulty

A: Not difficult A: Not difficult

ConstructionPeriod

B: Long B: Long as soil improvement is necessary

ConstructionCost

A: Lower cost than underground A: Same as elevated structure as soilimprovement is necessary

Operation/Maintenance

A: Maintenance and cost is less thanembankment structure

C: Maintenance and cost is the lowest, butin case of ground subsidence or conditionchange, reparation is very difficult

DisasterPrevention

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 theWindows A: Good A: Good

Landscape viewstowards

B: Being elevated structure makes moreopen than embankment structure, but thedesign needs to consider integration to thesurrounding landscape

C: Embankment make feels moreobstructed than elevated structure, thedesign needs to consider integration to thesurrounding landscape

PhysicalConditions

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 issmaller than embankments and it is themost suitable structure

B. It has advantages over viaducts ondisaster prevention, but the impacts oncommunity dividing, biodiversity, floodingrisks, landscape and existing roads aregreater and there are fewer meritscompared to elevated structure

Note: A: Excellent, B: Good, C: PoorSource: JICA Design Team

18

2. CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT

34. This chapter presents information on losses associated with land acquisition, landclearing and restricted access associated with the scope of this RAP.

A. Methodology to Assess Impacts

35. The assessment of involuntary resettlement impacts for this project was undertakenthrough a detailed measurements survey (DMS), as-built survey, parcellary survey, and socio-economic survey and census using survey forms that captured pertinent biodata, andinformation related to the assessed impacts as well as socio-economic information. During thecensus, affected properties were tagged. For the structures where the APs refused the taggingor were absent, tag numbers were assigned. Interviews were administered by trainedenumerators. Written and verbal consent was gained from the owners/occupiers to conduct theinterviews, as manifested by their signatures at the bottom of the survey forms. Validation ofimpacts was undertaken by DOTr to confirm among others actual occupancy of structures,status of micro-business activities and recording their current circumstances and ownership oftrees. A replacement cost survey was also undertaken to estimate the replacement costs ofaffected land and non-land assets for the purposes of this RAP. The final compensationcalculations can only be determined during the implementation of this RAP once the affectedpersons submit the documentary requirements.

36. 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 change in the ROW. A validation survey was conducted inJanuary and February 2020 by DOTr to confirm tree ownerships and occupants of structures.

37. The field surveys were undertaken simultaneously with the surveys of affectedhouseholds and businesses. More than one form was used should it be applicable to certainhouseholds and businesses. The following forms were used:

Household Survey Form. This form was used to gather household leveldata of all affected families living within the project-affected land, which wasdelineated by the parcellary survey.

Business/Institution Form. This form was used to generate informationon the affected businesses and institutional establishments within the PROWincluding, type and size of business, gross and net monthly income, tenure ofoccupancy, and employee information.

Agriculture Form. This form was used to identify APs who are utilizingaffected land for agricultural purposes.

Validation Form. This form was used to gather updated data andcircumstances of the AHs/APs after the SES. This includes among others actualoccupancy of structures, status of micro-business activities and recording theircurrent circumstances. A subset of this form is the tree ownership validation form.

38. During implementation of this RAP, the data and information gathered during thesesurveys will be updated with documentary submissions from the AH/APs for the final calculation

19

of the entitlements and compensation. Also, during implementation, should any new AHs/APsbe identified, the same entitlements and compensation will be afforded to them.

B. Cut-off Date

39. Prior to the start of the census and survey activities, the potentially Affected Persons(APs), Businesses and Establishments were informed during the 1st Stakeholder ConsultationMeeting (SCM) about the policy on cut-off date to prevent the influx of non-residents personswho might take advantage of project entitlements. This means that those who move into theproject area or build structures on government or private land without permission after the cut-off date are no longer eligible for compensation. The cut-off-dates for eligibility for receivingcompensation due to the project were determined to coincide with the timing of the DD stageDMS. For resident and non-resident landowners, the cut-off date will be at the time of theirreceipt of the Notice of Taking. For Businesses, Institutional Establishments, and Non-ResidentFarmers, cut-off dates were set during the DD Phase. In Angeles and San Fernando, which hadminor changes to the alignment, have additional cut-off dates for newly identified affectedBusinesses and Institutional Establishments.

40. The cut-off dates for the respective areas covered under the RAP are set out in thetable below.

Table 2-6: Cut-Off Dates for Non-Resident Businesses, Institutional Establishments, andFarmers

City/Municipality Barangay Date

MalolosLongos

27-Dec-18Bulihan

Calumpit

Bualungao

20-Nov-18

Calizon

Corazon

Gatbuca Putol

Iba o Este

Palimbang

Pio Cruzcosa

Poblacion

San Marcos

Santo Niño

ApalitSan Vicente 14-Nov-18

Sulipan 24-Nov-18

Minalin

Lourdes

30-Oct-18San Isidro

Santa Maria

Sto. Tomas

Moras Dela Paz

06-Nov-18San Matias

Sapa

San Fernando

Baliti

08-Nov-18Calulut

Maimpis

20

City/Municipality Barangay Date

Panipuan

Pulung Bulu

Quebiawan

Sta. Lucia

Quebiawan

09-Nov-18

San Agustin

Dolores

Lourdes

Santo Niño

Sta. Lucia

San Pedro Cutud

San Nicolas

Pulung Bulu24-Nov-18

Maimpis

Santo Niño 26-Nov-18

Dolores

28-Dec-18San Agustin

Santo Niño

Dolores

05-Jun-19San Agustin

Santo Niño

Pulung Bulu 09-Jun-19

Angeles

Lourdes Sur

15-Nov-18Lourdes Sur East

Pulung Bulu

Santo Cristo

Agapito del Rosario

16-Nov-18

Balibago

Claro M Recto

Malabinias

Santa Teresita

Balibago 25-Jul-19

C. Overview of Land Acquisition and Resettlement Impacts

41. Impacts will include full or partial displacement of 514 Resident Landowning AHs (2,418persons) on privately-owned land, 353 Non-Resident Landowning Individuals, 605 Businesses(161 resident businesses and 444 non-resident businesses), 14 Institutional Establishments,and 20 Non-Resident Farmers. Out of the 514 Resident Landowning households, 274households are considered vulnerable. Aside from the 514 Resident Landowning AHs, none ofthe other affected landowners, businesses and institutional establishments, and farms haveresiding individuals on the land they occupy.

21

Table 2-7: Summary of Impact of MCRP

Affected Land Area

Mal

olo

s

Cal

um

pit

Ap

alit

Min

alin

Sto

. To

mas

San

Fer

nan

do

An

gel

es

To

tal

Privately-Owned Land(sqm)

22,182

140,281

46,149

29,945

14,178

341,540

96,291

690,566

Government-OwnedLand 7(sqm)

948

400

-

-

-

8,119

1,484

10,951

Total Right-of-Way forLand Acquisition(sqm)

23,130

140,681

46,149

29,945

14,178

349,659

97,775

701,517

Affected ResidentAPs/AHs

Mal

olo

s

Cal

um

pit

Ap

alit

Min

alin

Sto

. To

mas

San

Fer

nan

do

An

gel

es

To

tal

Resident LandowningAffected Households(AH)

14

66

28

-

10

295

101

514

Resident LandowningAffected HouseholdMembers (APs)

61

292

147

-

68

1,359

491

2,418

Resident Businesses 5 23 7 0 3 92 31 161

Employees of AffectedBusiness of ResidentLandowningHouseholds

6 100 75 17 0 181 731 1110

Vulnerable Household(AHs)

8

38

19

-

3

147

59

274

Affected Non-Residents

Mal

olo

s

Cal

um

pit

Ap

alit

Min

alin

Sto

. To

mas

San

Fer

nan

do

An

gel

es

To

tal

Non-ResidentLandowningIndividuals (APs)

24

31

6

3

17

193

80

3548

Non-ResidentBusinesses 74 110 25 4 5 95 131 444Employees of AffectedBusiness 159 609 42 2 24 272 182 1,290InstitutionalEstablishments

2

1

1

-

-

5

5

14

Employees of AffectedInstitutionalEstablishments 0 1 1 0 0 68 68 138

Non-ResidentFarmers (includingtenants, caretakers,rent free farmers)

1

1

8

3

4

3

-

20

7 Owned by government entities that are not the Philippine National Railways8 One non-resident landowner owns properties in Sto. Tomas and Minalin. This non-resident landowner is counted in Sto. Tomasand Minalin which explains why Table 2 -7 shows there are 354 Non-Resident Landowning Individuals instead of 353.

22


D. Affected Land

42. The total land area to be acquired and/or cleared for the project ROW covered by thisRAP is 701,517 sqm. This includes privately-owned land (690,566 m2) and lands owned bygovernment entities (10,951 m2). This total Project ROW includes residual lands of severelyaffected plots which may no longer be economically viable. These lands will be acquired for theproject and subsequently titled under the ownership of the Republic of the Philippines.Verification of ownership will be done during the implementation of this RAP once documentaryrequirements are submitted. The replacement cost study in this RAP was conducted by alicensed appraiser during RAP preparation. The compensation rates to be applied during RAPimplementation were based on values appraised by the Land Bank of the Philippines (LBP) asan independent appraiser engaged by the DOTr. The LBP is also a Government FinancingInstitution (GFI).

Table 2-8: Affected Total Project ROW Land Area (m2)

Malolos Calumpit Apalit MinalinSto.Tomas

SanFernando

Angeles Total

Privately-OwnedLand (sqm)

22,182 140,281 46,149 29,945 14,178 341,540 96,291 690,566

Government-Owned Land(sqm)

948 400 0 0 0 8,119 1,484 10,951

Total Right-of-Way for LandAcquisition(sqm) 23,130 140,681 46,149 29,945 14,178 349,659 97,775 701,517


43. This RAP covers the acquisition of 10,951 sqm of government-owned land. Thisgovernment-owned land is claimed by various government entities, including other nationalgovernment agencies, local governments, and government financial institutions. Verification ofownership will be done during the implementation of this RAP once documentary requirementsare submitted. There are no affected households or persons residing on these government-owned land to be acquired under this RAP.

44. This RAP covers the acquisition of 690,566 sqm of privately-owned land. Theseprivately-owned lands are claimed to be owned by 514 resident landowners (a.k.a. ResidentLandowning Affected Households) and 353 Non-Resident Landowning Individuals. Non-Resident Landowners own land affected by the project but do not reside on the land.Verification of ownership will be done during the implementation of this RAP once documentaryrequirements are submitted.

45. Affected land is classified as residential, commercial, institutional, agricultural, mixed-use, road/alley, and unclassified. The largest categories of affected land are residential (48% oftotal) and agricultural (28% of total). Actual land use may not always correlate with the formalland classification.

23

Table 2-9: Total Project ROW for Land Acquisition by Land Classification


SanFernando

Angeles Total %

Residential 17,693 39,322 1,010 0 9,054 214,407 53,679 335,166 48%

Commercial 115 5,114 328 0 694 13,431 7,076 26,759 4%

Institutional 0 97 0 0 0 5,000 3,354 8,451 1%

Industrial 0 7,677 0 0 0 3,744 1,906 13,328 2%

Agricultural 4,574 12,910 39,914 29,945 4,412 84,694 22,716 199,165 28%

Mixed-Use 613 4,303 4,896 0 0 5,731 0 15,543 2%

Road/Alley 68 917 0 0 0 22,651 9,043 32,679 5%Unclassified

68 70,340 0 0 18 0 70,42710%

Total 23,130 14,0681 46,149 29,945 14,178 349,659 97,775 701,516

46. Severity of Impact on Residential and Commercial Lands. There is a total of 1,395 residentiallots owned by 988 households and juridical persons (including financing institutions and realtycorporations). Of these, 1,069 (76%) are severely affected by the project and expected to be acquired infull, while the remaining 302 (24%) have only marginal impacts and are considered viable for continueduse. The commercial lands (4% of the total project land takes of 701, 516 m2) have a total of 88 lotsowned by 76 households/persons and juridical persons, of which 46 (52%) are severely affected andexpected to be acquired in full while the remaining 39 (48%) have only marginal impacts. The finaldetermination of whether a plot will be fully acquired will be based on final agreement between DOTr andthe AP following issuance of the Notice of Taking. San Fernando has the most number of private lotsowned by a number of corporations. The tables below present the number of plots that are estimated tobe marginally and severely (fully) affected. A number of plots could not be assessed based on theparcellary survey and will require assessment at the time of Notice of Taking when land documentation ispresented by the owner.

Table 2-10: Estimated Severity of Impact on Residential Land Lots

LGU No. ofAHs/APs

Severity of Impact on Residential Land (# lots) Total Lots

Marginal Severe* Not assessed

Malolos 85 43 58 0 101

Calumpit 89 24 71 9 104

Apalit 6 5 2 0 7

Minalin 0 0 0 0 0

Sto. Tomas 28 20 16 0 36

San Fernando 590 139 795 5 939

Angeles 190 71 127 10 208

24

LGU No. ofAHs/APs

Severity of Impact on Residential Land (# lots) Total Lots


Total 988 302 1069 24 1395* Severely affected indicates estimation of plots that are not viable for continued use for same purpose and will needto be acquired. This will be finally determined following Notice of Taking.

Table 2-11: Estimated Severity of Impact on Commercial Land Lots

LGU No. ofAHs/APs

Severity of Impact on Commercial Land (# lots) Total Lots


Malolos 1 2 0 0 2

Calumpit 19 7 14 3 24

Apalit 2 1 1 0 2

Minalin 0 0 0 0 0

Sto. Tomas 3 1 2 0 3

San Fernando 17 4 15 0 19

Angeles 34 24 14 0 38

Total 76 39 46 3 88* Severely affected indicates estimation of plots that are not viable for continued use for same purpose and will needto be acquired. This will be finally determined following Notice of Taking.

E. Affected Structures

47. This RAP covers a total of 2,066 structures. Of this number, 491 are residential mainstructures. This number also includes 378 main business structures and 19 institutionalestablishment structures. The affected farmers do not have any affected main structures. Theremaining 1,178 structures are secondary structures such as garages, perimeter walls, fences,and store-rooms. All affected structures will be compensated at replacement cost. An estimatebased on the replacement cost survey can be found in Chapter 12. However, the finalcompensation will be calculated by an Independent Property Appraiser during implementation ofthe RAP. The replacement cost study in this RAP was conducted by a licensed appraiser duringRAP preparation. The compensation rates to be applied during RAP implementation are basedon the independent property appraisal (IPA) undertaken by the Land Bank of the Philippines(LBP), a Government Financing Institution (GFI).

Table 2-12: Types of Affected Structures

25


SanFernando

Angeles Total

Resident LandowningAffected Household MainStructures (Structure ofResidence) 13 65 27 0 10 280 96 491

Affected Business MainStructures (Structurewhere main activities areconducted) 47 89 16 2 4 104 116 378

Affected InstitutionalEstablishment MainStructures (Structurewhere main activities areconducted) 2 1 1 0 0 5 5 14

Subtotal Main Structures 62 155 44 2 14 394 217 888

Subtotal SecondaryStructures 25 34 39 0 28 806 246 1,178

Total Affected Structures 87 189 83 2 42 1200 463 2,066


48. There are 491 affected main residential structures. All AHs will be compensated at fullreplacement cost for their main (residence) and secondary structures. For planning purposes,the RAP anticipates that all affected structures will be fully affected. Partially affected structuresdetermined at the time of implementation of this RAP will be compensated for the affectedportion and for any repairs that need to be made to the remaining structure.

49. There are 378 affected main business structures. All businesses will be compensated atfull replacement costs for their affected main and secondary structures.

50. Similar to businesses, institutional establishments will be compensated at fullreplacement costs for their affected main and secondary structures. Additional considerationwas given to institutional establishments to minimize impact to the establishments’ structuresand disruption to services or to limit impact to secondary structures such as perimeter walls.

F. Affected Crops and Trees

51. A total of 2,662 compensable crops and trees are found in the affected privately-ownedland and land owned by other government entities. These will be compensated at replacementcost.

Table 2-13: Affected Trees and Crops

MunicipalityFruit-bearingTrees

TimberTrees

Other Treesand Crops

Total

Malolos 130 43 273 446Calumpit 63 20 161 244Apalit 55 18 54 127

26

Minalin 13 0 3 16Sto. Tomas 41 11 17 69San Fernando 768 261 412 1,441Angeles 33 211 75 319Total 1103 564 995 2,662% 42 21 37 100


G. Impacts on Livelihoods

52. Impacts on livelihoods due to the project consist of 605 affected businesses, 14institutions, 2,538 employees of affected businesses and institutions, and 20 farm owners andfarmers.

a. Businesses and Institutional Establishments

53. Businesses. There are 605 resident and non-resident businesses covered by this RAP.These consist of 444 non-resident businesses and 161 home-based enterprises. Home-BasedEnterprises refer to business activities conducted by the Resident Landowning Households fromwithin their place of residency.

Table 2-14: Affected Businesses per LGU

LGU Home-BasedEnterprises

Non-ResidentBusinesses

Total

Malolos 5 74 79

Calumpit 23 110 133

Apalit 7 25 32

Minalin 0 4 4

Sto. Tomas 3 5 8

San Fernando 92 95 187

Angeles 31 131 162

Total 161 444 605

54. These businesses are classified into micro, small, medium, large businesses.9. Finalcalculation of compensation for structures and loss of income will be determined duringimplementation of this RAP once documentary requirements are submitted.

Table 2-15: Affected Businesses by Size per LGU

BusinessSize


SanFernando

Angeles Total %

Micro 66 85 19 3 6 106 111 396 65%

Small 2 9 4 1 1 8 7 32 5%

Medium 0 1 0 0 0 0 0 1 0%

Large 0 1 0 0 0 0 1 2 0%

NoResponse

11 37 9 0 1 73 43 174 29%

9 Republic Act 9501 “Magna Carta for Micro, Small and Medium Enterprises (MSMEs)”

27

Total 79 133 32 4 8 187 162 605


55. Institutional Establishments. There are 14 Institutional Establishments covered by thisRAP providing government, education, and spiritual services with no income loss. The design ofthe railway sought to minimize the impact to the institutional establishments. Of these, 13 willhave marginal impacts, experiencing loss of secondary structures on the periphery (fences,storeroom and similar) and disruption of services while the damaged structures arerepaired/replaced.

56. Consultations were undertaken by DOTr to discuss with the affected institutional facilitiesabout the impacts and the entitlements. Final compensation for structures and any applicableloss of income as determined during implementation of this RAP once documentaryrequirements are submitted. Upon issuance of notice of taking, there will be continueddiscussions that will be scheduled by the DOTr.

57. The severely affected school (Santa Maria Elementary School in Angeles) will berelocated and reconstructed in another site within the same barangay. The replacement schoolwill be constructed prior to demolition of the existing school and transfer of educational servicesto the new school. School authorities agreed with DOTr that the transfer to the new schoolbuildings should happen during school vacation. DOTr is expecting to acquire replacement landfor the school through purchase of land that is offered for sale (through willing-seller willing-buyer arrangements).

58. DOTr will prepare a due diligence report on the acquisition of the replacement land forthe school, including information on the related consultations and submit with its regular internalmonitoring report with an advance copy of the due diligence report to be furnished to ADB andJICA upon preparation. Should the acquisition involve involuntary resettlement impacts (suchas loss or property or displacement), DOTr will prepare an Addendum RAP in accordance withthe provisions of this RAP covering the acquisition.

Table 2-16: Affected Institutional Establishments per LGU by Industry/Sector

LGUReligiousServices

EducationalServices

GovernmentServices

Museum Total

Malolos 2 0 0 0 2

Calumpit 0 1 0 0 1

Apalit 0 1 0 0 1

Minalin 0 0 0 0 0


San Fernando 3 1 0 1 5

Angeles 2 2 1 0 5

Total 7 5 1 1 14

Table 2-17: Names of Affected Institutional Establishments

Name Of Institutional Establishment Industry/Sector LGU

Church - Malolos Religious Services Malolos

Zion Christian Fellowship Religious Services Malolos

28


Sitio Balon Day Care Center Educational Services Calumpit

Sampaga Child Development center Educational Services Apalit

Good Shedero Sovereign Grace Bible Baptist Church Religious Services San Fernando

St. Vincent Integrated School Educational Services San Fernando

San Fernando Train Museum Museum San Fernando

Church of God International Religious Services San Fernando

Virgen delos Remedios Chapel Religious Services San Fernando

Sta Maria Elementary School Educational Services Angeles

PNP Police Station 6 Government Services Angeles

Parish of Our Lady of Fatima Religious Services Angeles

Claro M. Recto Daycare Center Educational Services Angeles

Roman Catholic Archdioceses of San Fernando Pampanga Religious Services Angeles

59. Employed Individuals. The businesses and institutional establishments estimated andself-reported that they employ 2,538 individuals. For the purposes of this RAP, all 2,538employed individuals have been assumed to be displaced and will be compensated for loss ofincome. A masterlist of employed individuals will be generated during the implementation of thisRAP when the affected businesses and institutional establishments submit their documentaryrequirements to support the final calculation of compensation for income loss, structures, andemployees’ income loss.

b. Farmers

60. Twenty Non-Resident Farmers will be affected. Main farming activities are rice and otherannual crops (10); husbandry and poultry (5); and aquaculture (5). Fifteen will be severelyaffected with loss of 10% or more of their productive land. All those engaged in farming will becompensated for their property and income losses. Those that are severely affected are eligiblefor additional assistance to restore their livelihoods.

Table 2-18: Affected Farmers by Severity of Impact

City/Municipality

Major Products/Activities

Total Area(m2)

TotalAffectedArea (m2)*

Severe Marginal

Severe

MalolosImported Goatraising 1,813 197 11%

Calumpit Rice farming 7,020 1265 18%

Apalit Rice farming 8,496 2516 30%

ApalitRice andvegetables 13,586 2,140 8%






29

City/Municipality

Major Products/Activities

Total Area(m2)

TotalAffectedArea (m2)*

Severe Marginal


Minalin Tilapia grower 3,033 544 18%

Minalin Tilapia grower 22,688 7,945 35%

Minalin Tilapia grower 1,543 1,393 90%

Sto. Tomas Pigeon breeder 856 293 34%

Sto. Tomas Vegetables 1,146 823 72%

Sto. Tomas Tilapia grower 73,106 289 0.40%

Sto. Tomas Tilapia grower 536 285 53%

San Fernando Game fowl 708 456 64%

San Fernando Swine 418,164 6,678 2%

San Fernando Swine 243 232 95%

Total 20 590,362 30,548 15 5* the areas of farming land presented above is based on actual land use and not on official land classification. Someareas of land are formally classified as agricultural are often used for other purposes such as residential orcommercial.

61. Out of the total, 16 claims to own the land they are farming, and 4 report to have anagreement with the landowner. These 16 are also counted among the affected non-residentlandowners. None of the affected land used for farming is government land. None of the 20 non-resident farmers reside on the land and therefore none will require relocation. Finalcompensation for any applicable loss of income as determined during implementation of thisRAP will be assessed once documentary requirements are submitted.

Table 2-19: Affected Non-Resident Farmers by Reported Tenure Status

LGU Landowner Tenant Rent Free CaretakerNoAgreement

Total

Malolos 1 0 0 0 0 1

Calumpit 1 0 0 0 0 1

Apalit 6 1 1 0 0 8

Minalin 2 0 0 1 0 3

Sto. Tomas 3 0 1 0 0 4

SanFernando

3 0 0 0 0 3

30

Angeles 0 0 0 0 0 0

Total 16 1 2 1 0 20

H. Vulnerable Households

62. Vulnerable Households are any households that meet at least one of the followingcriteria:

Cumulative income of household falls below the national poverty threshold10, Headed by solo parents with dependents (children and elderly family members

aged 60 years old and above); Headed by a person who is 60 or above; Households with a member who has disability and/or is seriously ill

63. Of the 514 Resident Landowning AHs, 274 households are considered vulnerable asshown the table below. 103 AHs have multiple vulnerabilities while 171 have a singlevulnerability. All 274 vulnerable households are resident landowning households whose landsand structures will be severely affected by the project. In addition to the compensation forresident landowning households, all vulnerable households will receive inconvenienceallowance and special assistance during relocation as well as provision of targeted support inthe Livelihood Restoration and Improvement Program.

Table 2-20: Vulnerable Households

City/

Municipality

HH with MultipleVulnerabilities

HH withSingleVulnerability

Count ofVulnerableHousehold

Malolos 3 5 8Calumpit 16 22 38Apalit 9 10 19Minalin 0 0 0Sto. Tomas 0 3 3San Fernando 47 100 147Angeles 28 31 59Total 103 171 274


10 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

31

Table 2-21: Types of Vulnerabilities (Multiple Response)

City/

Municipality

HH incomebelowPovertyThreshold11

HH headed bysolo parentswithdependents

HH headedby person60 andabove

HH withmember who isa PWD and/orseriously ill

Malolos 2 4 4 1Calumpit 13 20 24 0Apalit 3 16 10 0Minalin 0 0 0 0Sto. Tomas 0 3 0 0San Fernando 40 97 63 2Angeles 6 44 38 1Total 64 184 139 4

I. Impacts Associated with Utility Relocation

64. 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.

65. 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.

66. 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 F of Chapter 11 for further details.)

11 The Philippine Statistics Authority classifies households with less than PhP 8,800 in monthly income to be in poverty.

32

3. CHAPTER 3: SOCIO-ECONOMIC PROFILE OF PROJECT-AFFECTED PERSONS

67. This chapter describes the Socio-Economic Profile of Affected Persons (APs) based onthe survey outcomes carried out for the MCRP.

A. Socio-Economic Survey Overviewa. Purpose of the survey

68. The SES survey was conducted to:(i). Determine the impacts, losses and socio-economic profile of APs including their

socio-demographic characteristics, tenure status, livelihood sources, economicstatus and/or living standards, and their access to basic services and facilities toinform the preparation of the resettlement action plan;

(ii). Identify and assess the vulnerability of AHs, to further impoverishment; and(iii). Establish baseline data of the APs for assessing the impacts of the project to

their socio-economic situations.

b. Survey Methodology

69. The field surveys were undertaken simultaneously with the surveys of affectedhouseholds and businesses. More than one form was used should it be applicable to certainhouseholds and businesses. The following forms were used:

Household Survey Form. This form was used to gather household leveldata of all affected families living within the project-affected land, which wasdelineated by the parcellary survey.

Business/Institution Form. This form was used to generate informationon the affected non-resident businesses and institutional establishments withinthe PROW including, type and size of business, gross and net monthly income,tenure of occupancy, and employee information.

Agriculture Form. This form was used to identify APs who are utilizingaffected land for agricultural purposes.

Validation Form. This form was used to gather updated data andcircumstances of the AHs/APs after the SES. This includes among others actualoccupancy of structures, status of micro-business activities and recording theircurrent circumstances. A subset of this form is the tree ownership validation form.

70. During implementation of this RAP, the data and information gathered during thesesurveys will be updated with documentary submissions from the AH/APs for the final calculationof the entitlements and compensation. Also, during implementation, should any new AHs/APsbe identified, the same entitlements and compensation will be afforded to them.

c. Schedule

71. 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 change in the ROW. A validation survey was conducted inJanuary and February 2020 by DOTr occupants of structures.

d. Overview of the Survey Respondents

33

72. The socio-economic survey covered 514 Resident Landowning AHs (2,418 persons) onprivately-owned land, 353 Non-Resident Landowning Individuals, Non-Resident Businesses and14 Institutional Establishments, and 20 Non-Resident Farmers.

Table 3-22: Summary of Survey


SanFernando

Angeles Total

Resident LandowningAffected Households

14 66 28 0 10 295 101 514

Resident LandowningAffected HouseholdMembers

61 292 147 0 68 1359 491 2,418

Resident Businesses 5 23 7 0 3 92 31 161

Non-ResidentLandowning Individuals

24 31 6 3 17 193 80 35412

Non-ResidentBusinesses 74 110 25 4 5 95 131 444

InstitutionalEstablishments

2 1 1 0 0 5 5 14

Non-Resident Farmers 1 1 8 3 4 3 0 20

e. Structure of the Chapter

73. The chapter is arranged by sections according to category of survey instruments for thegroups of respondents indicated above:

- Section B: Resident Land Owner Households; - Section C: Non-Resident Land Owners; - Section D: Business and Establishments; - Section E: Non-Resident Farmers

B. Resident Land Owner Households

74. This section provides the results of the household survey with data disaggregated bygender, vulnerability, and other groupings for those who were surveyed using the householdquestionnaire form. Household, for the purpose of this RAP, is defined as one or more peoplewho live in the same dwelling, who also share meals or living accommodation and may consistof a single family or some other grouping of people. A single dwelling will be considered tocontain multiple households if meal preparation is not shared.

75. Household Composition. This RAP covers 514 resident landowning householdscomprised of 2,418 household members. This equates to an average household size of 4.7. Interms of gender, 1208 (49.96%) are male household members, while 1210 (50.04%) are femalehousehold members.

12 One non-resident landowner owns properties in Sto. Tomas and Minalin. This non-resident landowner is counted in Sto. Tomasand Minalin which explains why Table 3 -22 shows there are 354 Non-Resident Landowning Individuals instead of 353.

34

Table 3-23: Household Composition

LGU HouseholdsHousehold Members Average

HH SizeMale Female Total

Malolos 14 34 27 61 4.36

Calumpit 66 142 150 292 4.42

Apalit 28 80 67 147 5.25

Minalin 0 0 0 0 -

Sto. Tomas 10 35 33 68 6.80

San Fernando 295 679 680 1359 4.61

Angeles 101 238 253 491 4.86

Total 514 1,208 1,210 2,418 4.70

% 49.96% 50.04%Source: JICA Design Team

76. Educational Attainment of Household Members. Table 3 -24 reflects the educationalattainment of household members, which ranges from pre-school to advance. 610 householdmembers have on going education.

Table 3-24: Educational Attainment of Household MembersEducation Level Male Female Total %

None 64 42 106 4%

Pre-school 39 38 77 3%

Elementary Level 112 119 231 10%

Elementary Graduate 77 74 151 6%

High School Level 203 182 385 16%

High School Graduate 179 180 359 15%

Vocational/Technical 64 44 108 4%

College Level 162 166 328 14%

College Graduate 283 333 616 25%

Advanced College/University Degree 10 13 23 1%

SPED 0 1 1 0%

Not Applicable 10 11 21 1%

No Response 5 7 12 0%

Total 1,208 1,210 2,418 100%


77. Ethnolinguistic Affiliation. 1,375 out of the 2,418 Resident Landowning Householdmembers in this RAP identify as Kapampangan. The Kapampangan people are the seventh-largest ethnolinguistic group in the Philippines. They dominate in the south-western portion ofCentral Luzon including the entire Pampanga. They are mostly Christian and use theKapampangan dialect.

78. This is followed by Tagalogs (22%). The Tagalogs are the second most widespreadethnic group in the Philippines. They predominate the entirety of Manila, south eastern part ofCentral Luzon, Southern Luzon and the coastal parts of Mindoro Island. The rest of the APsare comprised of Cebuanos, Bicolanos, and Ilonggos.

a. Profile of Household Heads

35

79. A household head is defined as the person who is the sole or main income provider and/or decision maker in the household.

80. Gender Distribution of Household Heads. Of the 514 resident landowninghouseholds, 378 households (74%) are headed by a male individual and 136 households (26%)are headed by a female individual.

81. Age Distribution of Household Heads. Below table also shows the Age Distribution ofHousehold Heads. A total of 186 households are headed by a Senior Citizen (60 and above).On the average, female household heads are older (57 years) as compared to the average ageof male household heads (53 years old). The average age for all household heads is 54 yearsold.Table 3-25: Age Distribution of Household Heads

Male Female Total20 YO and below 1 0 121-30 YO 20 6 2631-40 YO 52 13 6541-50 YO 72 29 10151-59 YO 104 31 13560 YO and above 129 57 186Total 378 136 514Avg. Age 53 57 54

Note: YO- years oldSource: JICA Design Team

82. Civil Status of Household Heads. Table 3 -26 shows the Civil Status of HouseholdHeads. Majority of household heads are married (66%). The remaining household heads arewidowed, single (16%), live-in (7%), and separated (4%).

Table 3-26: Civil Status of Household Heads

Civil StatusPopulation

Male % Female % Total %

Single 17 3 24 5 41 8Married 294 57 44 9 338 66Separated 10 2 8 2 18 4Widow/er 26 5 54 11 80 16Live-in 30 6 6 1 36 7NR 1 0 0 0 1 0Total 378 74 136 26 514 100


b. Livelihood Profile

83. Monthly Household Income. Monthly Household Income is defined as the combinedmonthly income of all household members. Households with multiple livelihood activities or withmore household members involved in productive endeavours tend to have a higher monthlyhousehold income compared to those with one livelihood activity or lesser number of household

36

members contributing to the family income. The below shows the income brackets of the AHssurveyed.

84. The Philippine Statistics Authority classifies households with less than PhP 11,230monthly income to be in poverty for Region III. Of the 514 households surveyed, 59 householdsreported incomes of below this threshold and are therefore considered in poverty. In addition, 5households with 7 family members whose incomes is under PhP15,000 are also considered inpoverty. Under this RAP, these 64 households are considered vulnerable.

Table 3-27: Monthly Household Income (All Sources)Philippine StatisticsAuthorityClassification*

Income Bracket (PHP)Households %

Top BottomPoor (Poverty) 11,690 59 11%Low-income 23,381 11,691 108 21%Low middle-income 46,761 23,382 169 33%Middle middle-income 81,832 46,762 89 17%Upper middle-income 140,284 81,833 30 6%Upper-income 233,806 140,285 11 2%Rich 233,807 and above 9 2%

No Response 39 8%

Total 514 100%Source: JICA Design Team*Note: This classification is for the entire Philippines. Vulnerability for this RAP is determined based on the povertythreshold of Region III

85. Monthly Household Expenditures. Common household expense items weredetermined based on the number of responses provided for each item. The most commonexpense items for the 514 AHs are food, water, power13 or electricity, cooking fuel, non-food(grocery items), communication expenses, transportation, education, and health. Out of thesecommon expense items, the bulk of household budgets are spent on food (17%), followed byeducation (10%), non-food items (5%), transportation (4%), power (4%), water (1%),communications (2%), cooking (1%), and health (6%). Other household expenses reportedinclude recreation, loan payment and financial support to families. Below shows the averageexpenditures across all households in each LGU.

Table 3-28: Average Monthly Household Expenditures (PhP)

Expense Item Malolos Calumpit ApalitSto.Tomas

SanFernando

Angeles Ave %

Basic Household Expense Items (Php)

Food 9,292 9,131 11,767 9,740 11,345 13,831 10,851 17Other Non-Food 3,154 2,305 3,644 1,683 4,605 2,525 2,986 5Power (source of light) 3,219 2,227 2,030 2,410 2,597 3,082 2,594 4Water 644 601 613 500 734 1,122 702 1Education 8,904 3,579 3,216 3,546 6,648 10,090 5,997 10Communications 1,200 1,049 967 1,156 1,494 1,278 1,191 2Transportation 3,835 1,947 2,080 1,538 2,741 2,606 2,458 4Health 8,350 2,322 2,042 1,657 3,545 3,427 3,557 6

13 Refers to any source of light (electricity, gasoline, solar energy, battery, candle, etc.).

37

Expense Item Malolos Calumpit ApalitSto.Tomas

SanFernando

Angeles Ave %

Cooking (LPG,Charcoal, Gas)

584 528 650 549 737 627 613 1

Sub Total 39,182 23,689 27,009 22,779 34,446 38,588 30,949 50

Other Household Expense Items (Php)

Rent (House/Room) 0 4,333 0 0 3,300 0 1,272 2Tax 204 1,099 109 667 1,629 1,027 789 1Recreation 5,740 2,805 2,667 2,000 4,031 3,514 3,460 6Loan Payment 15,154 7,657 4,500 6,000 17,245 9,121 9,946 16Financial Support 850 1,000 2,333 0 7,630 3,000 2,469 4Salary 51,000 7,000 3,000 8,000 6,722 4,708 13,405 21Subtotal 72,948 23,894 12,609 16,667 40,557 21,370 31,341 50

Total 112,130 47,583 39,618 39,446 75,003 59,958 62,290100


86. Source of Household Member Income. The household survey generated informationon the primary and secondary sources of household members income. The primary andsecondary sources of income were categorized either as land-based, wage-based, enterprise-based, or remittance-based.

87. A total of 1,193 household members reporst to have a primary source of income (Table 3 -29). Of the main reported income sources, 735 (62%) of the income earners are wage-basedwhile 328 (27%) are enterprise-based. There are three land-based and 110 remittance-basedincome sources. Seventeen (17) income earners did not specify their primary income source.

Table 3-29: Primary Source of Household Income APs %

Land-Based 3 0%

Wage-Based 735 62%

Enterprise-Based 328 27%

Remittance-Based 110 9%

Others, Not Specified 17 1%

Total 1,193 100% Source: JICA Design Team

88. Land-Based Income. Land-based refers to income generating activities derived fromusage of land, such as crop and livestock production. Only three resident landowning householdmembers have land-based primary sources of income. All three involve crop production. Two ofthe locations are within the same Barangay or neighborhood while one is in anothercity/municipality. (See also Section E below on Non-Resident Farmers which cover land-basedlivelihoods for those who do not reside in the affected area.)

89. Wage-Based Income. Wage-Based income refers to income from cash payments paidto individuals in return for services rendered. There are 735 Resident Landowning Householdmembers who have wage-based main sources of income.

38

90. Of these wage-based livelihoods, 329 (45%) are located within or near the Barangaywhile, 245 (33%) are located in another city or municipality.

Table 3-30: Location of Wage-Based Livelihood

Location of Wage-Based Livelihood No. %

Within or Near Barangay 329 45%Other city/municipality 245 33%No Response 12 2%Own Residence/House 34 5%Overseas 84 11%No Definite Area 31 4%Total 735 100%

91. The 735 reported APs who have Wage-Based Livelihoods are employed in a variousindustries/occupational sectors as presented below.

Table 3-31: Types of Wage-Based Livelihood

Industry/Occupation/Sector APs

Aviation 1

Business 10

Clergy Professions 2

Construction Worker 28

Driver 53

Engineering Professionals 11

House help 38

Industry Worker 26

Law Enforcement 11

Medical 21

Military Careers 2

Office Work 174

OFW 14

Service Industry 130

Production and Factory Workers 57

Public Official 11

Sales 83

Sea-based careers 1

Teaching 36

Technology 7

Others 7

No Response 12

Total 735 Source: JICA Design Team

92. The status of wage-based employment was also surveyed. A total of 431 (59%) APswith Wage-Based Livelihoods are employed on a permanent/regular basis while 287 (39%) APsare employed on a temporary employment basis. Permanent or regular employees are tenured

39

and have regular income while temporary employees are those whose employment are undershort-term contracts or as needed, hence there is no security of tenure and no regular income.

Table 3-32: Status of Employment

Status APs %

Permanent/Regular 431 59%

Contractual/Temporary/Casual/Seasonal/Intermittent 287 39%

No Response 10 1%

Others 7 1%

Total 735 100%Source: JICA Design Team

93. Enterprise-Based Income. Enterprise-based income refers to income from activitiessuch as business and commercial enterprises. A total of 328 AHs members reports to beengaged in various enterprises as their primary source of income. These enterprise-basedincomes come from a variety of enterprises. The most common are food/catering, sari-saristore, and transportation.

Table 3-33: Location of Enterprise-Based Livelihood

Location of Enterprise-Based Livelihood APs %Within Neighborhood or barangay (other than withinresidence) 108 33%

No Definite Area 21 6%

Other city/municipality 19 6%

Overseas 3 1%

Own Residence/House 173 53%

No Response 4 1%

Total 328 100% Source: JICA Design Team

Table 3-34: Type of Enterprise-Based Livelihood

Type of Enterprise APs %

Beauty, Cosmetic and Personal Care Dealer 6 2%

Billiards 1 0%

Buy and Sell 22 7%

Computer shop/Pisonet 6 2%

Construction 11 3%

Food/Catering 39 12%

Hair/Nails/Beauty salon 11 3%

No Response 11 3%

Online Selling 4 1%

Others 56 17%

Piggery 1 0%

Printing and Reproduction 4 1%

Sari-sari store 61 19%

Small Town Lottery 1 0%

Tailoring/Dress Making 7 2%

40

Type of Enterprise APs %

Tattoo/Laundry/Repair Shop 3 1%

Transport 39 12%

Used Clothing 12 4%

Vending 28 9%

Vulcanizing shop 5 2%


94. Remittance-Based Income. Remittance-based incomes refer to incomes coming fromanother location (i.e., from a family member with wage-based income from overseas) as ameans to support household needs and expenses. 110 Resident Landowning Householdmembers report to have Remittance-Based Livelihoods. Of the 110, 47 APs receive pensions.The 110 also includes 28 APs who receive remittances from overseas.

95. Other Livelihoods. A total of 17 APs did not specify the type of livelihood for theirprimary source of income. More information will be obtained from these household members’incomes during the implementation of this RAP to determine what entitlements andcompensation they will receive.

96. Secondary Source of Income. In addition to primary sources of income, there are 104household members who reported to also have a secondary source of income. Enterprises-based incomes are the most common (63%) secondary source of income among thehouseholds followed by wage-based secondary incomes (13%) and remittances (13%).

Table 3-35: Secondary Sources of Income

City/MunicipalityLandBased

WageBased

Enterprise-Based

Remittance-Based

Others Total

Malolos 0 1 3 1 1 6Calumpit 2 2 11 1 0 16Apalit 0 0 4 0 0 4Minalin 0 0 0 0 0 0Sto. Tomas 0 0 1 0 0 1San Fernando 1 6 33 6 4 50Angeles 0 4 13 6 4 27Total 3 13 65 14 9 104% 3% 13% 63% 13% 9% 100


97. Membership in Financial Institutions. Financial institutions play a role in providing alifeline to people in times of need. These may come in the form of housing, financial loans, orborrowings from informal sources (e.g., loan sharks, pawnshops, etc.).

98. The table below shows the list of financial institutions where the AHs have memberships.Multiple responses were generated as there are respondents who have mandatorymemberships in more than one institution, especially those who are employed in governmentand private companies. Among the responses given that came out were mostly government

41

financial institutions such as the Home Development Mortgage Fund (Pag-IBIG Fund), SocialSecurity System (SSS), and Government Service Insurance System (GSIS).

Table 3-36: Membership in Financial Institutions

Financial Institution Male Female TotalHDMF/Pag-IBIG Fund 115 36 151Government Service Insurance System 18 16 34Social Security System 221 58 279Cooperative 3 0 3Microfinance 228 82 310None 1 4 5NR 59 32 91Total 645 228 873% 74 26 100


f. Home-Based Enterprises

99. Home-Based Enterprises refer to business activities conducted by the ResidentLandowning Households from within their place of residency. There are 161 businessconducted from within their place of residency.

100. These businesses are reported to be managed and operated by at least one householdmembers. Out of the 161 home-based enterprises, 88 (55%) are managed by a femalehousehold member while 73 (45%) are managed by a male household member. A total of 193household members are engaged in home-based enterprise as shown in Table 3 -37. The mostcommon home-based enterprise are sari-sari stores followed by food/catering activities aspresented below.

Table 3-37: Home-Based Enterprises and Participating Household Members

LGUHome-BasedEnterprises

Participating HouseholdMembers (As Primary orSecondary Income)

Malolos 5 7

Calumpit 23 27

Apalit 7 9

Minalin 0 0

Sto. Tomas 3 2

San Fernando 92 107

Angeles 31 41

Total 161 193


Table 3-38: Types of Home-Based Enterprises

Industry/Sector No. %

House/Room Rental 9 6%

Commercial Space/Unit Rental 5 3%


42


Used Clothing (ukay-ukay) 3 2%

Service Contracting 1 1%

Trading/Retailing 8 5%


Home/Small-scale industry 3 2%

Restaurant/Fast Food/Eatery/Food/Catering 15 9%


Transport 5 3%



Buy and Sell 4 2%

Manufacturing 3 2%

Construction 3 2%

Printing, Repro, Art Sign 1 1%

Vending 2 1%

Online Selling 1 1%


Personal Services 5 3%

Poultry/Livestock Raising 3 2%

Others 21 13%

No Response 9 6%

Total 161 100%


g. Living Standards

101. Basic Household Amenities. Some basic social amenities contribute to the health andwell-being of residents and communities, in general. Access to safe drinking water andsanitation including electricity is essential for human health, quality of life and dignity. It hasmultiplier effects on socio-economic indicators such as poverty, health, and productivity.

102. Access to Water. Various sources of water are utilized by the AHs. A large majorityhave piped water connections. There are households who sourced water from a sharedconnection for household uses (e.g., cleaning, washing clothes, etc.) while buying water fromcommercial sources for drinking and cooking for those who have no piped connections or nosource of potable water. There are also households which have multiple sources of water.

Table 3-39: Access to Water

City/Municipality

PipedConnection

Shared withNeighbor/CommunityFaucet

DeepWell

CommercialSources

Others NR Total

Malolos 12 0 1 0 1 0 14Calumpit 58 2 1 0 4 1 66Apalit 22 3 1 9 2 0 37Minalin 0 0 0 0 0 0 0Sto. Tomas 9 1 0 0 0 0 10San Fernando 240 16 27 10 14 0 307

43

City/Municipality

PipedConnection

Shared withNeighbor/CommunityFaucet

DeepWell

CommercialSources

Others NR Total

Angeles 95 6 0 0 0 0 101Total 436 28 30 19 21 1 535% 81 5 6 4 4 0 100

*Multiple responsesSource: JICA Design Team

103. Access to Sanitation. Among the households, 99% have water-sealed toilets at home.Only one AH resorts to using communal toilets while the remaining did not specify facility use ordid not respond.

Table 3-40: Access to Sanitation Facilities

City/MunicipalityOwn Water-SealedToilets

Communal/Brgy Toilet

Others NR Total

Malolos 13 0 0 1 14Calumpit 66 0 0 0 66 Apalit 28 0 0 0 28Minalin 0 0 0 0 0Sto. Tomas 9 1 0 0 10San Fernando 293 0 2 0 295Angeles 99 0 1 1 101Total 508 1 3 2 514% 99 0 1 0 100


104. Access to Electricity. Ninety-two percent (92%) of the households responded that theyhave their own electric meter at home while 8% share electric connection with other households

Table 3-41: Access to Electricity

City/MunicipalityOwn ElectricMeter for PowerConnection

SharedConnection

Total

Malolos 14 0 14Calumpit 62 4 66Apalit 26 2 28Minalin 0 0 0Sto. Tomas 9 1 10San Fernando 269 26 295Angeles 93 8 101Total 473 41 514% 92 8 100


105. Cooking Facilities. Gas is the most common fuel source used by 88% of thehouseholds for cooking. The rest are using either kerosene, wood, electric, or charcoal. Thereare other AHs who use more than one type of cooking fuel source (e.g., gas for regular cookingand charcoal for grilling).

Table 3-42: Cooking Facilities among Project-Affected Households*City/Municipality

Gas Kerosene Charcoal Wood Electric Others NR Total

44

Malolos 12 0 1 0 2 0 0 15Calumpit 64 0 1 1 0 0 0 66Apalit 27 0 1 0 1 0 0 29Minalin 0 0 0 0 0 0 0 0Sto. Tomas 9 0 0 1 0 0 0 10San Fernando 285 2 10 11 14 2 1 325Angeles 97 0 13 0 8 1 0 119Total 494 2 26 13 25 3 1 564% 88 0 5 2 4 1 0 100

*Multiple responses Source: JICA Design Team

h. Residency History

106. Residency in the Area. Survey results indicate that 287 (56%), a majority, ofhouseholds have lived in their houses for more than 20 years, 67 AHs (13%) each have stayedfor 1-5 years, 59 AHs for 6-10 years, 48 AHs for 11-15 years, and 50 AHs have been in theircurrent location for 16-20 years.

Table 3-43: Number of Years in Current LocationYear Range (Years)

Households %Top Bottom

Less than 1 Year 0 0%

5 1 67 13%

10 6 59 11%

15 11 48 9%

20 16 50 10%

21 years or more 287 56%

No Response 3 1%


107. A residential structure is considered a primary residence if the occupant considers it as apermanent living accommodation and secondary residence if the occupant has a primaryresidence elsewhere.

108. A total of 498 AHs considers the houses they occupy as their primary residence while 12AHs use the affected houses a secondary residence. Those with primary residence elsewheremay not require relocation assistance but will need compensation for their lost lands, structuresand asset, assistance to move their belongings as well as livelihood restoration support for theiraffected livelihoods (see Chapter 8).Table 3-44: Type of Residence as Claimed

City/MunicipalityPrimaryResidence

SecondaryResidence

NR Total

Malolos 13 0 1 14Calumpit 62 3 1 66Apalit 28 0 0 28Minalin 0 0 0 0Sto. Tomas 10 0 0 10San Fernando 288 7 0 295Angeles 97 2 2 101

45

City/MunicipalityPrimaryResidence

SecondaryResidence

NR Total

Total 498 12 4 514Source: JICA Design Team

109. Prior to residing in their current locations, 184 of the 514 AHs lived in the sameBarangay while 175 lived in the same City/Municipality. There are 40 AHs who did not provideanswer. Table 3-45: Place of Previous Residence

Location of Previous Residence APs %

Same Barangay 184 36%

Same City/Municipality 175 34%

Outside of Metro Manila 53 10%

Metro Manila 18 4%

No Previous Residence 44 9%

No Response 40 8%


110. Choice of current residence is mostly influenced by a number of reasons. A plurality ofthe AHs’ choice was based on proximity to livelihood (38%) as well as family ties (35%). Otherscited getting married as the primary reason (10%). Furthermore, social and economic reasonsare relevant factors in establishing the locations of their current residence location.

Table 3-46: Reasons for Establishing Residence in the Current LocationReason APs %

Proximity to livelihood 196 38%

Family ties 181 35%

Got Married 50 10%

Near School 5 1%

Rent free/Affordable Rental fee 9 2%

Others 46 9%

No Response 27 5%


i. Vulnerability 111. Vulnerable households are any households that meet at least one of the following

criteria:

Cumulative income of household falls below the national poverty threshold, Headed by solo parents with dependents (children and elderly family members

aged 60 years old and above); Headed by a person who is 60 or above; Households with a member who has disability and/or is seriously ill

46

112. Of the 514 Resident Landowning AHs, 274 households are considered vulnerable asshown the table below. 103 AHs have multiple vulnerabilities while 171 have a singlevulnerability. In addition to the compensation for resident landowning households, all vulnerablehouseholds will receive inconvenience allowance and special assistance during relocation.Households with more than one vulnerability may receive additional assistance.

Table 3-47: Vulnerable Households

City/

Municipality

HH with MultipleVulnerabilities

HH withSingleVulnerability

Count ofVulnerableHousehold

Malolos 3 5 8Calumpit 16 22 38Apalit 9 10 19Minalin 0 0 0Sto. Tomas 0 3 3San Fernando 47 100 147Angeles 28 31 59Total 103 171 274


Table 3-48: Types of Vulnerabilities (Multiple Response)

City/

Municipality

HH incomebelowPovertyThreshold14

HH headed bysolo parentswithdependents

HH headedby person60 andabove

HH withmember who isa PWD and/orseriously ill

Malolos 2 4 4 1Calumpit 13 20 24 0Apalit 3 16 10 0Minalin 0 0 0 0Sto. Tomas 0 3 0 0San Fernando 40 97 63 2Angeles 6 44 38 1Total 64 184 139 4


C. Affected Non-Resident Landowners

113. Non-resident landowners refer to those who own private land affected by the Project andare residing outside the PROW. The affected land registered under their name is either an idleland or currently occupied by another AP.

114. In terms of land use, 326 (73%) are residential and 35 (8%) are commercial. Theremaining lots are utilized for other purposes (agricultural, aquaculture, industrial, institutionaland of mixed-use. A significant number of vacant/idle lands are located in the lands foracquisition.

14 The Philippine Statistics Authority classifies households with less than PhP 8,800 in monthly income to be in poverty.

47

115. A total of 353 Non-Resident Landowners were surveyed. 184 of these Non-ResidentLandowners are female while 170 are male. One non-resident landowner owns properties inSto. Tomas and Minalin. This non-resident landowner is counted in Sto. Tomas and Minalinwhich explains why the below shows there are 354 Non-Resident Landowning Individualsinstead of 353.

Table 3-49: Gender Distribution of Non-Resident Landowners

LGU Male Female Total

Malolos 17 7 24

Calumpit 12 19 31

Apalit 6 0 6

Minalin 2 1 3

Sto. Tomas 10 7 17

San Fernando 89 104 193

Angeles 34 46 80

Total 170 184 354Source: JICA Design Team

116. Among the surveyed 353 Non-Resident Landowners, several claimed to own multipleparcels of land. The table below shows the different types of documents (the most common ofwhich being the Transfer Certificate of Title (TCT)) the non-resident landowners claim to proveownership. During the implementation of this RAP, these documents will be validated oncesubmitted by the claimants.

Table 3-50: Proof of Ownership

Proof of Ownership No.

Real Estate Tax 29

TCT (Transfer Certificate of Title) 284

OCT (Original Certificate of Title) 108

Dead/Mortgage 14

Others 2

No Response 10

Total 447


D. Businesses and Institutional Establishments

117. This Section of Chapter 3 covers 605 Businesses and 14 Institutional Establishments assurveyed with the Business/Institution Form.

a. Businesses

118. Businesses are classified according to size which is determined by the number ofemployees.15 Businesses with up to nine employees are classified as micro-businesses. Thosewith 10 to 99 employees are considered small while those with 100 to 199 employees areconsidered medium. Businesses with 200 and more considered large.

15 Republic Act 9501 “Magna Carta for Micro, Small and Medium Enterprises (MSMEs

48

Table 3-51: Businesses Per LGU

BusinessSize


SanFernando

Angeles Total %

Micro 66 85 19 3 6 106 111 396 65%

Small 2 9 4 1 1 8 7 32 5%

Medium 0 1 0 0 0 0 0 1 0%

Large 0 1 0 0 0 0 1 2 0%NoResponse

11 37 9 0 1 73 43 174 29%

Total 79 133 32 4 8 187 162 605Source: JICA Design Team

119. Single proprietorships are the most common ownership type among the surveyedbusiness with 444 (73%) businesses reporting to be single proprietorships. This is followed bycorporations with 24 (4%) of businesses reporting to be corporations.

Table 3-52: Ownership Type

OwnershipType


SanFernando

Angeles Total %

Singleproprietorship

72 104 25 4 7 105 127 444 73%

Corporation 3 1 0 0 0 8 12 24 4%

Cooperative 0 3 0 0 0 0 1 4 1%

Partnership 2 5 1 0 0 2 1 11 2%

Others 0 1 0 0 0 0 1 2 0%

No Response 2 19 6 0 1 72 20 120 20%

Total 79 133 32 4 8 187 162 605 100%


120. A variety of industries and sectors are represented by the businesses. House/RoomRental is the most common business with 148 (24%) reporting to belong to this sector.16

Trading/Retailing follows next with 92 (15%) reporting to belong to this industry.

Table 3-53: Business Industries/Sectors

Industry/Sector No. %House/Room Rental 148 24%







Home/Small-scale industry 6 1%Restaurant/FastFood/Eatery/Food/Catering 51 8%


16 Renters displaced from houses owned by landowners in this RAP are covered under the non-landowner RAP forthe same project area. See also Chapter 6 on this matter.

49


Transport 12 2%



Buy and Sell 4 1%

Manufacturing 17 3%

Construction 3 0%


Vending 2 0%

Online Selling 1 0%Beauty, Cosmetic and Personal CareDealer 7 1%



Aquaculture 6 1%

Farming 8 1%

Bank 2 0%

Office 2 0%

Cockpit ring 1 0%

Warehouse 4 1%

Machining and Fabrication 2 0%

Others 54 9%

No Response 11 2%


121. In terms of years in operations, 193 (32%) businesses have been operating between 1-5years and 100 (17%) businesses have been operating between 6-10 years. There are 70 (12%)businesses that have been operating for more than 20 years while 35 (6%) businesses havebeen operating for less than a year.

Table 3-54: Years of Business Operations

Year Range (Years)Businesses %

Top Bottom

Less than 1 Year 35 6%

5 1 193 32%

10 6 100 17%

15 11 45 7%

20 16 40 7%

21 years or more 70 12%

No Response 122 20%Total 605 100%


122. A plurality (48%) of businesses surveyed claimed that they have licenses/permits tooperate and are registered with either the Securities and Exchange Commission (SEC),

50

Department of Trade and Industry (DTI), and/or their respective LGUs. 33% do not have anyofficial business license or permit to operate.

Table 3-55: Business License/Permit

No. %

Not licensed/Not Registered/No Permit 202 33%

Licensed/Registered/With Permit 292 48%

No Response 111 19%


123. Tenure Status. A majority of businesses, 359 (59%), report to own the land where theyoperate. The remaining businesses report that they do not own the land where they operate. Ofthe 246 Businesses that do not own the land on which they operate, around 69% claim tooccupy said land with some form of permission – either they acquired the right, are renting orleasing, or have permission from the land owner.

Table 3-56: Land Ownership Among Businesses

Business %

Non Land owner 246 41%

Land owner 359 59%

Total 605 100%

Table 3-57: Tenure Status of Non-Landowner Businesses

Business %Acquired Right 10 4%Renting/Leasing 42 17%

Occupied with owner's permission 118 48%

Occupied without owner's permission 29 12%

Others 2 1%

No Response 45 18%

Total 246 100%

124. Gross Monthly Income as declared by business owners. Gross monthly incomerefers to the amount of income earned by businesses in a month before taxes and deductionsare taken out. The declared gross monthly income reported by affected business ranges fromless than PhP 10,000 to over PhP 500,000.

125. Only 393 (65%) businesses disclosed their gross monthly income. Of these, 25%reported a gross monthly income of PhP 10,000 and below. Only a very small portion ofbusinesses reported a gross monthly income of above PhP 500,000.

51

Table 3-58: Gross Monthly Income of Businesses

Income Bracket (PHP)Businesses %

Top Bottom

10,000 and below 154 25%40,000 10,001 120 20%

60,000 40,001 38 6%

100,000 60,001 29 5%

500,000 100,001 43 7%

Above 500,000 9 1%

No Response 212 35%


b. Institutional Establishments 126. There are 14 Institutional Establishments covered by this RAP. The design of the railwaysought to minimize the impact to the institutional establishments. For the establishmentsproviding educational services, four out of the five are marginally affected with project onlyimpacting secondary structures. For the severely affected school, it will be relocated in the sameBarangay to minimize impact.

Table 3-59: Affected Institutional Establishments per LGU by Industry/Sector

LGUReligiousServices

EducationalServices

GovernmentServices

Museum Total

Malolos 2 0 0 0 2

Calumpit 0 1 0 0 1

Apalit 0 1 0 0 1

Minalin 0 0 0 0 0


SanFernando

3 1 0 1 5

Angeles 2 2 1 0 5

Total 7 5 1 1 14

Table 3-60: Names of Affected Institutional Establishments


Church - Malolos Religious Services Malolos

Zion Christian Fellowship Religious Services Malolos

Sitio Balon Day Care Center Educational Services Calumpit

Sampaga Child Development center Educational Services Apalit

Good Shedero Sovereign Grace Bible Baptist Church Religious Services San Fernando

St. Vincent Integrated School Educational Services San Fernando

San Fernando Train Museum Museum San Fernando

Church of God International Religious Services San Fernando

Virgen delos Remedios Chapel Religious Services San Fernando

52


Sta Maria Elementary School Educational Services Angeles

PNP Police Station 6 Government Services Angeles

Parish of Our Lady of Fatima Religious Services Angeles

Claro M. Recto Daycare Center Educational Services Angeles

Roman Catholic Archdiocese of San Fernando Pampanga Religious Services Angeles

127. Six Institutional Establishments have been operating for 21 years or more. However, dueto differences in reporting, some institutional establishments reported how their parentorganization (i.e., Government Agency) has been in existence whereas some otherestablishments reported when their specific presence in the area started.

Table 3-61: Years of Operations (Institutional Establishments)

Year Range (Years)No.

Top Bottom

Less than 1 Year 1

5 1 2

10 6 4

15 11 1

20 16 0

21 years or more 6

No Response 0Total 14

128. Most Institutional Establishments do not own the land on which they operate. The nineInstitutional Establishments that do not own the land all have an agreement with the land owner.While the 5 landowners are classified into government (1), single proprietorship (1), corporation(2) and others (1).

Table 3-62: Land Ownership of Institutional Establishments

No.

Non Landowner 9

Landowner 5

Total 14

Table 3-63: Tenure Status of Non-Landowner Institutional Establishment

No.

Acquired Right 1

Occupied with owner's permission 8

Total 9Source: JICA Design Team

129. Only four institutional establishments reported gross monthly income. This is likely duemost of these establishments not operating on a for profit mode.

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Table 3-64: Gross Monthly Income of Institutional Establishments

Income Bracket (PHP)No.

Top Bottom

10,000 and below 340,000 10,001 1

No Response 10

Total 14Source: JICA Design Team

j. Employees of Businesses and Institutional Establishments

130. Employed Individuals. Of the 619 Businesses and Institutional Establishments, 445(66%) disclosed employment information. Of these 445 Businesses and Establishments, 262(58%) reported to employ one or more individuals. These 262 Business and Establishmentsemployed a total of 2,538 individuals. However, it must be noted that some business ownersreported themselves to be employees while others did not report themselves to be anemployee. Additional information and validation of affected Employees will be obtained duringthe implementation of this RAP when documentary requirements are submitted by thebusinesses and establishments. For the purposes of this RAP and to estimate the budgetrequired, it is assumed all 2,538 reported employees will be displaced.

Table 3-65: Business and Establishment Classification and Reported Employees

Business/Institution

Size No.ReportedEmployees

Business Micro 396 636

Business Small 32 878

Business Medium 1 190

Business Large 2 696

Institutional Establishment 14 138

No Response 174 N/A

Total 619 2,538


131. Reported Employees by Industry/Sector. The industry/sector with the most reportedemployees is the manufacturing sector whose businesses reported to employ 758 individuals.This is followed by the transport industry with 424 reported employees and the trading/retailingindustry with 317 reported employees.

Table 3-66: Reported Employees by Industry/Sector

Industry/SectorReportedEmployees

%

Bus

ines

ses

House/Room Rental 43 2%





54

Industry/SectorReportedEmployees

%



Home/Small-scale industry 8 0%

Restaurant/Fast Food/Eatery/Food/Catering 272 11%


Transport 424 17%



Buy and Sell 0 0%

Manufacturing 758 30%

Construction 0 0%


Vending 0 0%

Online Selling 0 0%




Aquaculture 42 2%

Farming 83 3%

Bank 0 0%

Office 8 0%

Cockpit ring 2 0%

Warehouse 109 4%

Machining and Fabrication 4 0%

Others 117 5%

No Response 22 1%

IE Education Services 96 4%

Government Services 33 1%

Museum 2 0%

Spiritual Services 7 0%

Total 2,538 100%


132. Employee Salary. Of the 2,538 reported employees, Businesses and Establishmentsreported 2,305 of their employees’ estimated monthly salaries. Of these, 746 were reported toearn above minimum wage (with an average monthly income of Php 48,841) while 1,559 werereported to earn the minimum wage or below (with an average monthly income of PhP 9,660).Minimum wage is set by the Department of Labor and Employment (DOLE) in Region 3 assalaries ranging from PhP 395/day to PhP 600/day. Additional information and validation ofaffected Employees will be obtained during the implementation of this RAP when documentaryrequirements are submitted by the businesses and establishments. For the purposes of thisRAP and to estimate the budget required for compensation of loss of income, it is assumed all2,538 reported employees will be displaced.

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Table 3-67: Reported Employee Salaries

Employee Position LevelAverage MonthlyIncome (Php)

No. of EmployeeIncomesDisclosed

Employees receiving above minimum wage 48,841 746Employees receiving minimum wage17 andbelow

9,660 1,559

Total 2,305 Source: JICA Design Team

E. Non-Resident Farmers

133. Twenty-three households have land-based livelihoods, comprised of 20 Non-ResidentFarmers whose farms are affected by the Project and three other farmers whose farms areoutside the project area.

134. Of the 20 Non-Resident Farmers, 16 are male while 4 are female. None disclosed grossincome. Additional information will be obtained during the implementation of this RAP whendocumentary requirements are submitted to support entitlements and loss of incomecompensations.

Table 3-68: Affected Non-Resident Farmers by Tenure Status

LGU Landowner Tenant Rent Free CaretakerNoAgreement

Total

Malolos 1 0 0 0 0 1Calumpit 1 0 0 0 0 1Apalit 6 1 1 0 0 8Minalin 2 0 0 1 0 3Sto. Tomas 3 0 1 0 0 4SanFernando

3 0 0 0 0 3

Angeles 0 0 0 0 0 0Total 16 1 2 1 0 20


135. The activities of the 20 Non-Resident Farmers include aquaculture, crop production,livestock and poultry raising, and pet breeding. In particular, their products include rice, pigs,and tilapia.

Table 3-69: Farm Activities

City/MunicipalityAquaculture

CropProduction

Livestock/PoultryRaising

PetBreeding

Total

Malolos 0 0 1 0 1Calumpit 0 1 0 0 1Apalit 0 8 0 0 8Minalin 3 0 0 0 3Sto. Tomas 2 1 1 0 4San Fernando 0 0 2 1 3

17 Region III minimum wage at Php 420/day multiplied by 23 days

56

City/MunicipalityAquaculture

CropProduction

Livestock/PoultryRaising

PetBreeding

Total

Angeles 0 0 0 0 0Total 5 10 4 1 20% 25 50 20 5 100


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4. CHAPTER 4: LEGAL AND POLICY FRAMEWORK

A. Policies and Guidelines Applied to the Project

136. 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.

137. The following paragraphs initially summarize the pertinent Philippine laws, rules andregulations, as well as JICA and ADB requirements on involuntary resettlement and IndigenousPeoples (IPs). The Section of this chapter describes the applicable Philippines legal frameworkand JICA/ADB policy requirements along with agreed gap filling measures where policydifferences and/or gaps have been identified and recommended measures to harmonize thesegaps are 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 5 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 5, which outlines the project-specific policies to be followed inthe preparation and implementation of the Resettlement Action Plan (RAP), as approved by theDOTr, JICA, and ADB.

B. Philippine Legal Framework

138. 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 4 -70 and the summaries of these laws andpolicies are presented in the succeeding sections.

Table 4-70: List of Applicable Legal Framework

Philippine Constitution and Pertinent Laws

1 Philippine Constitution 19872 Republic Act No. 10752 (The Right-of-Way Act)

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) and Its Implementing Rules and Regulations5 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)13 Republic Act No. 7277 (March 1992) as Amended by R.A. 944214 Batas Pambansa 220 (June 1982)15 Presidential Decree No. 1096 (National Building Code of the Philippines, February 1977)

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16 Republic Act No. 8424 (The National Internal Revenue Code of 1997)

Executive, Administrative and Department Orders

1 Executive Order No. 1035, Series of 19852 Executive Order No. 48, Series of 20013 Executive Order No. 708, Series of 2008

Executive, Administrative and Department Orders

4 Executive Order No. 272, Series of 20045 Executive Order No. 69, Series of 20126 DOTr Department Order No. 2013-057 BIR Revenue Regulations (RR) No. 2-98 8 HLURB Memorandum Circular No. 13, Series of 20179 HUDCC Resolution No. 1, Series of 201810 HUDCC Resolution No. 2, Series of 2018

Relevant Manuals, Policies and Memorandum Circulars

1 DOTr Right-of-Way and Site Acquisition Manual2 DPWH Right-of-Way Acquisition Manual3 Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 20074 NHA Memorandum Circular No. 2427 Series of 2012; amended by M.C. 2017-0145 NHA Memorandum Circular No. 015 Series of 2015; amended by M.C. 2017-0206 NHA Memorandum Circular No. 014, Series of 2018

1. Philippine Constitution of 1987.

139. The pertinent constitutional provisions on involuntary resettlement are as follows:a. Article III, Bill of Rights, Section 1: “No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person be denied the equalprotection of the laws.”

b. Article III, Bill of Rights Section 9: “Private property shall not be taken for publicuse without just compensation”.

c. Article XIII, Urban Land Reform and Housing, Section 10: “Urban or rural poordwellers shall not be evicted nor their dwelling demolished, except in accordancewith law and in a just and humane manner. No resettlement of urban or ruraldwellers shall be undertaken without adequate consultation with them and thecommunities where they are to be relocated.”

2. Republic Act No. 10752 (The Right-of-Way Act).

140. This law, enacted on March 7, 2016, repeals Republic Act (R.A.) No. 8974 (An 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 basedon the 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.

141. The main provisions in R.A. 10752 are intended to expedite the implementation ofinfrastructure projects while ensuring that just and equitable compensation be provided to the

59

project-affected persons. The pertinent revisions in R.A. 10752 include: (1) expansion in scopeof national government projects, (2) refining the modes of acquisition, (3) compensation basedon replacement cost for land, structures and improvements, (4) changes in guidelines forexpropriation proceedings, (5) payment terms, and (6) appropriation.

142. 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.”

143. R.A. 10752 also states that subject to the provisions of Republic Act No. 7160, otherwiseknown as the Local Government Code (LGC) of 1991, LGUs may also adopt the provisions ofthis Act for use in the acquisition of ROW for local government infrastructure projects.

144. The implementing agency (IA) may utilize donation or similar mode of acquisition if thelandowner is a government owned or government-controlled corporation.

145. Section 4 of RA 10752 states that “When it is necessary to build, construct, or install onthe 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.”

146. Section 11 of IRR of RA 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:

a. Negotiate with the property owner a perpetual easement of ROW for thesubterranean portions of his property required by the project.

b. Offer to acquire from the property owner the affected portion of the land,including the affected structures, improvements, crops and trees therein inaccordance with the provisions of the Act.

147. 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 Land, Structures and Improvements, Crops and Trees

148. Current Market Value of Land. Section 5(a)(1) of R.A. 10752 provides that thevaluation of land under negotiated sale would be based on the current market value of the land.Section 7 of the same Act enumerates the standards for the assessment of the value of land towit:

(i). The classification and use for which the property is suited;

60

(ii). The development cost for improving the land;(iii). The value declared by owners;(iv). The current selling price of similar lands in the vicinity;(v). A reasonable disturbance compensation for the removal and demolition of

certain improvements on the land and for the value of improvements thereon;(vi). The size, shape or location, tax declaration and zonal valuation of the

land;(vii). The price of the land as manifested in the ocular findings, oral as well as

documentary evidence presented; and(viii). Such facts and events as to enable the affected property owners to have

sufficient funds to acquire similarly situated lands of approximate areas asthose required.

149. 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 shouldbe the pre-damaged condition of that structure;

(ii) The replacement cost of the structure may vary from the market value of theexisting structure, since the structure that would actually replace it may have adifferent cost at current market prices; and

(iii) The replacement structure has to perform the same functions and meet theperformance specifications as the original structure.

150. 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 NoLegally Recognized Right to the Land

151. 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

in the Urban Development and Housing Act of 1992.

152. Although the IRR of R.A. 10752 provides a fourth condition, “Must not occupy an existinggovernment ROW”, this is not included in the Act and will not be applied to this project.

c. Expropriation

61

153. 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).

154. 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.

155. 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

156. 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.

157. 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.

158. 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

159. 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 unpaidtaxes remitted 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.

160. 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 landwill be paid, exclusive of unpaid taxes remitted to the concerned LGU (if any):

62

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 remaining30% will be compensated, exclusive of unpaid taxes remitted to the concernedLGU (if any), if the land is already completely cleared of such structures,improvements, crops and trees.

f. Easement Agreement

161. 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 greaterthan the value of the lot needed – then the IA may, if the property owner agrees, resortto the mode of Easement of ROW provided under the Civil Code.

162. 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 the owner retaining ownership of the land. Under such cases, the IA will pay theowner the following:

(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.

163. 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

164. Section 10 of R.A. 10752, stipulates that the government shall provide adequateappropriations that will allow implementing agencies to acquire required ROW for the nationalgovernment infrastructure projects in advance of the project implementation. This includes thefollowing:

(i) Cost for parcellary surveys and appraisal of project-affected properties;(ii) Compensation for project-affected land, structures and improvements, crops

and trees;(iii) Cost of development and implementation of resettlement projects including

planning, social preparation, and other activities under the resettlement actionplan; and

(iv) Related expenses of the IA, including capital gains tax in the case ofnegotiated sale, documentary stamp tax, transfer tax, and registration fees forthe transfer of titles, and other relevant administrative expenses for ROWmanagement.

165. 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 community

63

facilities, livelihood restoration and improvement18, and other activities under RAP incoordination with concerned government agencies.

h. Acquisition of Subsurface Right-of-Way

166. Section 4 of the RA 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.

167. 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 RA 1052 is 20% of the market price of the land.

168. 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

(ii) Offer to acquire from the property owner the affected portion of the land,including the affected structures, improvements, crops and trees therein inaccordance with the provisions of the Act.

3. Republic Act No. 7279 (Urban Development and Housing Act of 1992)

169. 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.

170. Section 5 of R.A. 7279, and Sections 3.1, and 6.6 of its Annex (Guidelines for theInventory and Identification of Lands and Sites for Socialized Housing) states 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:

18 As of now, there is no standard or guidelines for livelihood restoration and improvement as they relate to losses that come from

land acquisition.

64

a. To the extent feasible, socialized housing and resettlement projects shall belocated in new areas where employment opportunities are available;

b. Priority shall be given to areas where basic services and facilities are alreadyexisting or where they can be introduced within a very short time;

c. Transportation costs to workplaces and other services should be affordableconsidering that the target beneficiaries are the homeless and underprivileged;

d. 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;

e. Environmentally critical areas like those that are flood prone or earthquakezones or areas near rivers and canals shall be avoided;

f. Compatibility with existing zoning;g. Financial feasibility and viability where land valuation offer is low; andh. Tenurial status must be ascertained.

171. Section 8 of the RA 7279 and its Annex A mandated all LGUs in coordination with theNHA, Housing and Land Use Regulatory Board (HLURB), National Mapping and ResourceInformation Authority (NAMRIA), and the Land Management Bureau (LMB) of the Department ofEnvironment and Natural Resources (DENR) to identify lands for socialized housing andresettlement areas for the immediate and future needs of the underprivileged and homeless inthe urban areas.

172. Section 10 of the RA 7279, states that the land acquisition may be acquired through thefollowing 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.

a. Must be a Filipino citizen;b. Must be underprivileged and homeless (i.e., those whose total household

income is below the poverty threshold as defined by the National Economicand Development Authority (NEDA);

c. Must not own any real property whether in urban or rural areas; andd. Must not be a professional squatter or member of any squatting syndicate.

173. In the same Act, Professional Squatter and Squatting Syndicate are defined as follows:

a. Professional Squatter – 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.

b. Squatting Syndicate - refers to groups of persons engaged in the business ofsquatter housing for profit or gain.

174. Section 28 of the RA 7279 stipulates that eviction or demolition as a practice shall bediscouraged; however, it may be allowed under the following conditions:

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a. When persons or entities occupy danger areas such as esteros, railroad tracks,garbage dumps, riverbanks, shorelines, waterways, and other public placessuch as sidewalks, roads, parks, and playgrounds;

b. When government infrastructure projects with available funding are about to beimplemented; or

c. When there is a court order for eviction and demolition.

175. In the execution of the above Section 28, the following shall be mandatory:a. Notice upon the affected persons or entities at least 30 days prior to date of

eviction and demolition;b. Adequate consultations on the matter of resettlement with the duly designated

representatives of the families to be resettled and the affected communities inthe areas where they are to be relocated;

c. Presence of Local Government Officials or their representatives during evictionor demolitions;

d. Proper identification of all persons taking part in the demolition;e. Execution of eviction or demolition only during regular office hours from

Mondays to Fridays and during good weather, unless the affected familiesconsent otherwise;

f. No use of heavy equipment for demolition except for structures that are made ofconcrete/hard materials;

g. Proper uniforms for members of the Philippine National Police who shall occupythe first line of law enforcement and observe proper disturbance controlprocedures; and

h. 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, after whichperiod the said order shall be executed; provided further that should relocationnot be possible within the said period, financial assistance in the amountequivalent to the prevailing minimum daily wage multiplied by 60 days shall beextended to the affected families by the LGU concerned.

4. Republic Act No. 11201 (Department of Human Settlements and UrbanDevelopment Act of 2019)

176. The Act and its IRR was signed by the President in February and July 2019 respectively,and the full implementation is slated for January 2020. The Act stipulates the creation of theDepartment of Human Settlements and Urban Development (DHSUD) with the intention ofconsolidating the Housing and Urban Development Coordinating Council (HUDCC) and theHLURB.

177. According to the Act, the 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 policy-making, 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.

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178. When it comes to its attached agencies, the DHSUD will exercise administrativesupervision over the following housing agencies, which shall remain to be attached for purposesof policy and program coordination, monitoring, and evaluation:

a. National Housing Authority (NHA);b. Home Guaranty Corporation (HGC);c. National Home Mortgage and Finance Corporation (NHMFC);d. Home Development Mutual Fund (HDMF); ande. Social Housing Finance Corporation (SHFC).

The attached agencies will continue to function according to existing laws and their respectivecharters.

5. Republic Act No. 7160 (Local Government Code of 1991)

179. This Code establishes the system and defines powers of provincial, city, municipal andbarangay governments in the Philippines. Relevant sections include:

180. Section 2(c) of RA 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.

181. Section 17(b) of RA 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.

182. Section 17(c) of RA 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.

183. Section 19 of RA 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.

184. 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.

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185. Section 20(a) of RA 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 theirutilization or disposition in the following cases:

a. When the land ceases to be economically feasible and sound for agriculturalpurposes as determined by the Department of Agriculture; or

b. Where the land shall have substantially greater economic value for residential,commercial, or industrial purposes, as determined by the Sanggunianconcerned.

186. 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:

a. For highly urbanized and independent component cities, fifteen percent (15%); b. For component cities and first to third class municipalities, ten percent (10%);

and c. For fourth to sixth class municipalities, five percent (5%): Provided, further, that

agricultural lands distributed to agrarian reform beneficiaries pursuant toRepublic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657)19,otherwise known as "The Comprehensive Agrarian Reform Law", shall not beaffected by the said reclassification and the conversion of such lands into otherpurposes and shall be governed by Section 65 of said Act.

187. Section 20(c) of RA 7160 the LGUs shall, in conformity with existing laws, continue toprepare their respective comprehensive land use plans enacted through zoning ordinanceswhich shall be the primary and dominant bases for the future use of land resources. Therequirements for food production, human settlements, and industrial expansion shall be takeninto consideration in the preparation of such plans.

188. Section 27 of RA 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.

6. Republic Act No. 386 (Civil Code of the Philippines)

189. Title VII of R.A. 386, provides methods for acquiring and extinguishing easements orservitudes.

190. 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

19R.A. No. 6657 enacted in 1988 is an Act instituting a comprehensive agrarian reform program to promote social justice and theestablishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture. To this end the Stateencourage and undertake the just distribution of all agricultural lands, subject to the priorities and retention limits set forth in theAct.

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(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.

191. 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 Article 615 - Continuous easements are those the use of which is

or may be perpetual, without the intervention of any act of man. Article 617 - Easements are inseparable from the estate to which

they actively or passively belong. Article 618 - Easements are indivisible. If the servient estate is

divided between two or more persons, the easement is notmodified, and each of them must bear it on the part whichcorresponds to him.

Article 625 - Upon the establishment of an easement, all the rightsnecessary for its use are considered granted.

Article 626 - The owner of the dominant estate cannot use theeasement except for the benefit of the immovable originallycontemplated. Neither can the owner exercise the easement inany other manner than that previously established.

Article 629 - The owner of the servient estate cannot impair, in anymanner whatsoever, the use of the servitude.

Article 630 - The owner of the servient estate retains theownership of the portion on which the easement is establishedand may use the same in such a manner as not to affect theexercise of the easement.

Article 631(5) - Easements are extinguished by the renunciation ofthe owner of the dominant estate.

b. Chapter 2 – Legal Easements, Sections 1 and 3 Article 634 - Easements imposed by law have for their object

either public use or the interest of private person. Article 635 - All matters concerning easements established for

public or communal use shall be governed by the special laws andregulations relating thereto.

Article 649 - Should the easement be established in such amanner that its use may be continuous for all the needs of thedominant estate, establishing a permanent passage, the indemnityshall consist of the value of the land occupied and the amount ofthe damage caused to the servient estate.

Article 654 - If the ROW is permanent, the necessary repairs shallbe made by the owner of the dominant estate. A proportionateshare of taxes shall be reimbursed by said owner to the proprietorof the servient estate.

7. Republic Act No. 8371 (Indigenous Peoples Rights Act of 1997)

192. The Act defines the identity and entitlements of IPs, as also their rights and remediesavailable under national law to protect their interests. The Indigenous Peoples Rights Act (IPRA)

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was a landmark law, not only for recognition of the rights of IPs in the Philippines but also as amilestone in recognition of the rights of IPs 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:

a. Right to the indigenous communities’ ancestral domains (Chapter III, Section11);

b. Right to informed and intelligent participation in the formulation andimplementation of any project, government or private, that will impact upontheir ancestral domains (Chapter III, Section 7b).

193. Section 59 of the IPRA, entitled, “Certification Precondition” states that all departmentsand other governmental agencies are strictly enjoined from issuing, renewing, or granting anyconcession, 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 aftera Field-Based Investigation (FBI) is conducted by the Ancestral Domains Office (ADO) of thearea concerned. If the area does overlap with an ancestral domain, the NCIP AdministrativeOrder (AO) No. 3, Series of 2012, the Revised Guidelines on Free and Prior Informed Consent(FPIC) and Related Processes are required to be followed.

8. Republic Act No. 9679 (Home Development Mutual Fund Law of 2009)

194. 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 (PhP 4,000.00) is on a voluntary basis.

195. 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.

9. Republic Act No. 6389 (Agricultural Land Reform Code of 1971)

196. 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.

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10. Commonwealth Act no. 141 (Public Land Act of 1936)

197. 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 applicantmust 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.

198. 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.

199. 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.

200. Republic Act No. 6685 (December 1988) An Act Requiring Private Contractors toWhom National, Provincial, City and Municipal Public Works Projects have been Awardedunder Contract to Hire at Least Fifty Percent of the unskilled and at Least Thirty Percentof the Skilled Labor Requirements to be Taken from the Available Bona Fide Residents inthe Province, City or Municipality in which the Projects are to be Undertaken, andPenalizing those who Fail to do so requires private contractors to whom national, provincial,city, and municipal public works projects have been awarded under contract to hire at least 50%of the unskilled and at least 30% of the skilled labor requirements to be taken from availablebona fide residents in the province, city or municipality concerned in which the projects are to beundertaken, penalizing those who fail to do so. Under Section 1 of R.A. 6685, national and localpublic works projects funded by either the national government or local government includingforeign-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.

11. Republic Act No. 9994 (Expanded Senior Citizens Act of 2010; February 2010)

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201. 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.

12. Republic Act No. 7277 (Magna Carta for Disabled Persons; March 1992) asAmended by RA 9442

202. The Act as also known as the Magna Carta for Disabled Persons, grants the rights andprivileges for Persons with Disability (PWDs) to ensure their rehabilitation, self-development,and self-reliance. Section 4 of the Act provides the following definitions:

a. PWDs are those suffering from the restriction of different abilities, as a resultof a mental, physical, or sensory impairment, to perform an activity in themanner of within the range considered normal for a human being; and

b. 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 incomesfall below the poverty threshold.

13. Batas Pambansa 220 (June 1982)

203. 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.20 Section 1 of Batas Pambansa (BP) 220 declares a policy ofthe government to promote and encourage the development of economic and socializedhousing projects for the average and low-income earners in urban and rural areas.

204. 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.

14. Presidential Decree No. 1096 (National Building Code of the Philippines,February 1977)

205. 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.

206. 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, quality ofmaterials, construction, use, occupancy, and maintenance.

15. Republic Act No. 8424 (The National Internal Revenue Code of 1997)

20 Functions of the Ministry of Human Settlements were transferred by virtue of E.O. 90 Series of 1986, creating the Housing andUrban Development Coordinating Council (HUDCC) and abolishing the Ministry of Human Settlements.

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207. 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.

C. Executive/Administrative/Department Orders

1. Executive Order No. 1035, Series of 1985

208. 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.


209. 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.


210. The E.O. 708, Series of 2008 amended E.O. 152, Series of 2002 and devolved thefunction of the PCUP as the clearing house for the conduct of demolition and eviction activitiesinvolving the homeless and underprivileged citizens to respective LGUs with territorialjurisdiction over the proposed demolition and eviction activities of government agencies.

211. 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 PCUP shall continue its monitoring and reportingfunctions including Sub-section 4-11 of Section 1 and Section 9 of E.O. 152 as follows:

a. Investigate motu proprio or upon complaint by any party and any violation ofthe provisions of Section 28 of R.A. 7279 or its IRR;

b. 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;

c. Recommend to the President appropriate measures for the implementationand enforcement of Section 28 of R.A. 7279 and its IRR including possibleadministrative sanctions against national or local government officials whohave violated the said law, rules, and regulations;

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d. Request any government agency for assistance and necessary information inthe discharge of their respective functions under this Order;

e. Publicize matters covered by its investigation of violations of the provisions ofSection 28 of R.A. 7279 or its IRR, when circumstances so warrant and withdue prudence: Provided, however, that the PCUP shall, under the rules andregulations it shall hereafter promulgate and determine what cases may not bemade public: Provided, further, that any publicity issued by the PCUP shall bebalanced, fair, and true;

f. Administer oaths, issue subpoena and subpoena duces tecum, and take thetestimonies of witnesses in the course of its investigation;

g. Adopt its own operational guidelines and rules of procedures as well as rulesand regulations not otherwise inconsistent with existing laws, rules, andregulations, to effectively carry out its mandate; and

h. Perform such other function as may hereafter be provided by law or executiveissuance.


212. The E.O. provides for the transfer of the PCUP to the Office of the President (OP) toeffectively coordinate, formulate, and evaluate policies and programs concerning the urbanpoor. The E.O. also provides the following functions and power to the PCUP:

a. Conduct of social preparation activities related to asset reforms, humandevelopment, and basic social services, employment and livelihood, and otherprograms of the government for the urban poor; and

b. Representation in the HUDCC, Key Shelter Agencies (KSAs), and the LHB.

5. DOTr Department Order No. 2013-05

213. The Department Order (D.O.) specifies the composition of the Technical WorkingCommittee (TWC) for site acquisition/ROW for the department’s infrastructure projects.

6. BIR Revenue Regulations 2-98

214. 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

7. HUDCC Resolution No. 1, Series of 2018

215. The resolution by the HUDCC sets up a new price ceiling for socialized subdivisionprojects.

Table 4-71: Price Ceiling for Socialized Subdivision Projects

Price Ceiling Floor AreaPhp 480,000 22 square meters (m2) with loft of at least 50% of the base structure; or

24 m2Php 530,000 24 m2 with loft of at least 50% of the base structure; or 28 m2Php 580,000 28 m2 with loft of at least 50% of the base structure; or 32 m2

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8. HUDCC Resolution No. 2, Series of 2018

216. The resolution by the HUDCC sets up a new price ceiling for socialized condominiumproject as indicated in Table 4 -72: .

Table 4-72: Price Ceiling for Socialized Condominium Projects

Area Price ceiling Floor AreaFor the National Capital Region; SanJose Del Monte City in Bulacan Province;Cainta and Antipolo in Rizal Province;San Pedro City in Laguna Province; andCarmona and Cities of Imus and Bacoorin Cavite Province.

Php 700,000 22 m2

Php 750,000 24 m2

For other areas Php 600,000 22 m2 Php 650,000 24 m2

D. Relevant Manuals, Policies and Memorandum Circulars

1. DOTR Right-of-Way and Site Acquisition Manual (ROWSAM)

217. 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).

218. The ROWSAM was developed to provide clear and specific operational guidelines onROW acquisition. It aims to guide the DOTr staff on legal processes and procedures necessaryto acquire and clear private and public lands required for the construction and operation ofpublic transport infrastructure regardless of funding sources. Further, it outlines the landacquisition requirements necessary for planning, developing, and implementing land acquisitionnecessary for the development, construction, and operation of transportation projects.

219. The ROWSAM also mentions about the importance of due diligence and the DOTr’sCore Values of the Department (as presented below) that must be applied in every step of theROW acquisition process.

a. We value integrity and honesty. We practice what we say, formulate policies,programs and projects and properly use resources attuned with the DOTrMission and Vision.

b. We are competent. We constantly search for and apply new ideas,technologies and practice to improve the delivery of services to ourstakeholders.

c. We do right things at the right time with the right attitude and behavior. Weprovide our stakeholders and the general public access to relevantinformation.

d. We value and treat our stakeholders with utmost respect and care. e. We, the members of the DOTr family, work as a team to attain common goals

and objectives.

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f. We commit everything to God for the continuous advancement of thisDepartment and the nation as a whole.

2. DPWH Right-of-Way Acquisition Manual (DRAM)

220. For this project, the DOTr is adopting DPWH’s ROW Acquisition Manual (DRAM) as ageneral guide in the implementation of the improved ROW process. Differences between theDRAM procedures and requirements specific for this project are set out in the gap matrix in thischapter, in the entitlement matrix and implementation arrangements described elsewhere in theRAP. The DRAM was developed in compliance with Section 18 of the IRR, of R.A. 10752, whichprescribes that, to provide clear, specific, and operational guidelines for the efficient acquisitionof ROW for its infrastructure projects, each IA (i.e., Implementing Agency) shall prepare andimplement its own “Manual of Procedures for ROW Acquisition.” The DRAM covers the entireROW acquisition process including the following:

a. Project Feasibility Study with Environmental Impact Assessment;b. Preparation of Preliminary ROW Action Plan (RAP) with property appraisal;c. Provision of appropriations in the General Appropriations Act (GAA);d. Detailed Engineering Design (DED) including Parcellary Surveys and

preparation of Final RAP;e. RAP Validation;f. Actual ROW Acquisition through Donation, Negotiation, Expropriation, and

Other Modes;g. Payments to property owners;h. Transfer of Title to the Republic of the Philippines;i. Clearance of ROW, andj. Management of ROW.

221. The DRAM is also intended to be a reference for property owners and other APs on therequirements and procedures to be followed to facilitate ROW acquisition, while ensuring thatthey obtain due process and fair compensation. It will also guide other concerned governmententities – including the Office of the Solicitor General (OSG), the BIR, the housing agencies, theDENR, LGUs, and the courts, among others – as well as Official Development Assistance(ODA) Agencies, on the ROW aspects that entail their active participation. Finally, it shall alsoserve as guide for the GFIs and IPAs in determining the appropriate price offers to propertyowners affected by ROW acquisition.

222. The DRAM consists of the Main Volume and the Appendices Volume. In the MainVolume, the Manual presents and discusses the Workflow Chart, Objective, Lead Persons,Support Entities, Overview, and Procedures. The Appendices Volume provide the pertinentlaws, rules and regulations, Department Orders, and template forms, agreements and reports.

3. Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’Policy, 2007

223. Prior to the DRAM, the policy and guidelines of the DPWH on resettlement wereexpressed in the Infrastructure ROW (IROW) Procedural Manual (April 2003) and the LandAcquisition, Resettlement, Rehabilitation, and Indigenous People’s Policy (LARRIPP) (3rdedition in April, 2007).

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224. 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.

4. NHA Memorandum Circular No. 2427 Series of 2012

225. NHA M.C. 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 Programfor Local Government Units. serves as an enabler and facilitator in the housing delivery processunder R.A. 7279, the NHA issued the revised guidelines for the implementation of theresettlement assistance program for LGUs. The guidelines enhance the capabilities of LGUsoutside Metro Manila to provide housings for informal settlers requiring relocation andresettlement. Target beneficiaries include families displaced or to be displaced from sitesearmarked for government infrastructure projects. As partners of the program, the NHA will (i)provide technical assistance to LGUs in preparing project plans and formulating policies andguidelines in implementing resettlement projects and (ii) contribute funds (in the form of grants)for the development of resettlement sites. The LGUs, on the other hand, shall (i) contribute landfor the project and (ii) be the lead project implementer with overall responsibilities for theoperation and management of the resettlement projects to include the preparation of overallproject plans, site development and housing plans, beneficiary selection, and the relocation offamilies and estate management.

5. NHA Memorandum Circular No. 015, Series of 2015

226. 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.

6. NHA Memorandum Circular No. 014, Series of 2018

227. 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 Nos. 6081 and 6155 dated May 13,2016 and March 1, 2017, respectively. The latest issuance includes enhanced participation ofCommunity Associations (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.

E. JICA Policies on Involuntary Resettlement

228. According to Section 2.6 of JICA Guidelines (2010), “projects must comply with thelaws, ordinances, and standards related to environmental and social considerations establishedby the governments that have jurisdiction over project sites (including both national and local

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governments). They must also conform to the environmental and social consideration policiesand plans of the governments that have such jurisdiction”.The key principles of JICA policy on involuntary resettlement described in the guidelines issummarized below:

a. Involuntary resettlement and loss of means of livelihood are to beavoided when feasible by exploring all viable alternatives.

b. When population displacement is unavoidable, effective measures tominimize the impact and to compensate for losses should be taken.

c. People who must be resettled involuntarily and people whose meansof livelihood 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.

d. Compensation must be based on the full replacement cost.e. Compensation and other kinds of assistance must be provided prior

to displacement.f. For projects that entail large-scale involuntary resettlement,

resettlement action plans must be prepared and made available to the public.g. In preparing a resettlement action plan, consultations must be held

with the affected people and their communities based on sufficient informationmade available to them in advance. When consultations are held, explanationsmust be given in a form, manner, and language that are understandable to theaffected people.

h. Appropriate participation of affected people must be promoted inplanning, implementation, and monitoring of resettlement action plans.

i. Appropriate and accessible grievance mechanisms must beestablished for the affected people and their communities.

j. Affected people are to be identified and recorded as early aspossible in order to establish their eligibility through an initial baseline survey(including population census that serves as an eligibility cut-off date, assetinventory, and socio-economic survey), preferably at the project identificationstage, to prevent a subsequent influx of encroachers and others who wish totake advance of such benefits. Eligibility of benefits include:(i). APs who have formal legal rights to land (including customary and

traditional land rights recognized under law);(ii). APs who do not have formal legal rights to land at the time of census

but have a claim to such land or assets; and(iii). APs who have no recognizable legal right to the land they are

occupying.(iv). Preference should be given to land-based resettlement strategies for

displaced persons whose livelihoods are land-based.k. Provide support for the transition period (between displacement and

livelihood restoration).l. Particular attention must be paid to the needs of the vulnerable

groups among those displaced, especially those below the poverty line,landless, elderly, women and children, ethnic minorities, etc.

m. For projects that entail land acquisition or involuntary resettlement offewer than 200 people, abbreviated resettlement plan is to be prepared.

F. ADB Policy on Involuntary Resettlement and Indigenous Peoples

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229. 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)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.

230. Involuntary Resettlement. ADB’s policy on involuntary resettlement in the SPS (2009)is briefly described below:

a. 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.

b. Carry out meaningful consultations with affected persons, host communities,and concerned non-government 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.

c. 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.

d. 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.

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e. 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.

f. Develop procedures in a transparent, consistent, and equitable manner if landacquisition is through negotiated settlement to ensure that those people whoenter into negotiated settlements will maintain the same or better income andlivelihood status.

g. Ensure that displaced persons without titles to land or any recognizable legalrights to land are eligible for resettlement assistance and compensation forloss of non-land assets.

h. Prepare a resettlement action plan elaborating on displaced persons’entitlements, the income and livelihood restoration strategy, institutionalarrangements, monitoring and reporting framework, budget, and time-boundimplementation schedule.

i. Disclose a draft resettlement action plan, including documentation of theconsultation process in a timely manner, before project appraisal, in anaccessible place and a form and language(s) understandable to affectedpersons and other stakeholders. Disclose the final resettlement plan and itsupdates to affected persons and other stakeholders.

j. 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.

k. Pay compensation and provide other resettlement entitlements before physicalor economic displacement. Implement the resettlement plan under closesupervision throughout project implementation.

l. 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.

m. 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.

n. 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.

o. 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 be

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required for the rail ROW for the project, appropriate IP safeguard instrumentwill be prepared.

231. Indigenous Peoples. The proposed site for the depot is located on land adjacent to IPancestral domain, however, it has been assessed that no ancestral domain land is to beaffected, nor are there any indigenous people affected by the project. Under ADB's SPS (2009),the main objective with respect to IPs is to design and implement projects in a way that fostersfull respect for IP identity, dignity, human rights, livelihood systems, and cultural uniqueness asdefined by the IPs/Indigenous Cultural Communities (ICCs) themselves so that they (i) receiveculturally appropriate social and economic benefits; (ii) do not suffer adverse impacts as a resultof projects; and (iii) can participate actively in projects that affect them.

232. 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 (Appendix 2).

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G. Resettlement Policy Comparison

Below is a table comparing Philippine’s legal framework with JICA Guidelines (2010) and ADB SPS (2009) on involuntaryresettlement. Some policy gaps have been identified. gap filling measures are presented in . Table 4-73: Gap Analysis and Harmonized Involuntary Resettlement Policy

No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure1 Compen

sationfor non-landassetsfor thosewithoutrecognized legalrights toaffectedland

APs whohaveneitherformal legalrights norrecognizable claims toaffectedland theyoccupy areto becompensated for theloss ofassetsother thanland andotherimprovements to theland at fullreplacement cost,providedthat theyoccupiedthe project

APs without legalentitlements to affectedland will be eligible forcompensation forstructures andimprovements with thefollowing criteria:

a. Must be a Filipino citizen;

b. Must not own any realproperty or any otherhousing facility, whetherin an urban or rural area;and

c. Must not be a professionalsquatter or a member of asquatting syndicate, asdefined in R.A. 7279,otherwise known as the"Urban Development andHousing Act of 1992"

(Section 5(b) of R.A.10752)21

“Squatting syndicates”

APs without legal rightsto affectedland 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 nothave legally recognized right to the affectedland but who occupy the project-affectedarea prior to the cut-off date are eligible forcompensation (including those occupying anexisting government ROW) for affectedstructures and improvements at fullreplacement cost, and for crops and trees atcurrent market value

This includes those that do not meet thecriteria within the laws of the Philippines,with the exception of “squatting syndicates/professional squatters” as defined in Section3 of R.A. 7279 and who are certified by theHUDCC and or other government agencies(e.g., PNR and LGUs) as such will not beeligible for compensation.

Presence in the project-affected area at cut-off date to be identified through censussurveys and validated by the RAPImplementation Management Committee(RIMC) or a respective Local Housing Office(LHO) in the absence of the formers.

All aspects of the RAP will be covered byadequate government appropriations.

21Section 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 not supported in R.A. 10752 itself.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measurearea priorto theproject cut-off date.

as defined in Section 3of R.A. 727922 will not beeligible for compensationor assistance.Under Section 15 of theIRR of R.A. 10752, thegovernment shallprovide adequateappropriations includingthe cost of developmentand implementation ofresettlement projects,including planning, socialpreparation, provision ofbasic services,community facilities,livelihood restoration andimprovement, and otheractivities in theresettlement action plan.

Section 5(b) of R.A.10752 states that forowners of structures andimprovements with nolegally recognized rightsto the land, payment ofthe replacement cost ofstructures andimprovements shall beapplied as long as theymeet all of the followingconditions:• Are Filipinocitizens;• Do not own anyreal property or other

22"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 Measurehousing facility in anyurban or rural area; and• Are notprofessional squatters ormembers of a squattingsyndicate as defined inthe Urban Developmentand Housing Act of1992.

Although the IRR of R.A.10752 provides thefourth condition, “mustnot occupy an existinggovernment ROW”, thisis not included in the Act

2 Eligibilityforresettlementassistance

Physicallydisplacedpersons willbe providedwithrelocationassistance,transitionalsupport,anddevelopmentassistance.

Thestandardsof living ofthedisplacedpoor andothervulnerablegroups,

a. [Socialized Housing]

b. Under Section 16 of R.A. 7279,informal settlers shall fulfillthe following criteria toqualify for a socializedhousing program, abeneficiary:

c. Must be a Filipino citizen;

d. Must be an underprivileged andhomeless citizen;

e. Must not own any real propertywhether in the urban or ruralareas; and

f. Must not be a professionalsquatter or a member ofsquatting syndicates.

There arerestrictionson theeligibilityforresettlementassistancefor thosewho donot meetthe criteriafor asocializedhousing orhave realpropertyelsewhere.

All relocating APs will be eligible for self-relocation assistance or assistedresettlement. “Squatting syndicates” asdefined in Section 3 of R.A. 7279 and thosewho are certified by the HUDCC as such willnot be eligible for resettlement assistance.

Members of squatting syndicates who donot actually occupy project-affectedstructures and are residing elsewhere willnot be physically displaced as such will notbe eligible for relocation assistance andtransitional support.

The Entitlement Matrix outlines the specificsof the support provided for self-relocationassistance and resettlement assistanceoptions.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureincludingwomen, toat leastnationalminimumstandardswill beimproved,andappropriateincomesourcesand legalandaffordableaccess toadequatehousing willbe providedfor them.

3 Paymentof CGTon landacquiredthroughexpropriation

The rate ofcompensation foracquired housing,land, and otherassets will becalculated at fullreplacement costs.The calculation offull replacement costwill be based on thefollowing elements:(i) fair market value;(ii) transaction costs;(iii) interest accrued;(iv) transitional andrestoration costs;and (v) otherapplicablepayments, if any.

R.A. 10752 requires for aproperty owner to pay the CGT inexpropriation proceedings inorder to incentivize and promotenegotiated sale.

Under negotiated sale, the IAshall pay for the account of theseller, CGT as well as DST,transfer tax, and registration fees.The property owner will pay anyunpaid real property tax.g. Un

der expropriationproceedings, the IA shall payDST, transfer tax, andregistration fees, while theowner will pay CGT and anyunpaid RPT.

Payment of CGT byAPs if land isexpropriated isinconsistent withthe principle ofreplacement cost.

Payment of CGT will be paid by the IA after theruling by the court in expropriation cases whenan AP is unable to accept the negotiated sale asthey lack the paperwork and are required toundergo the Extra Judicial Settlement (EJS)before being recognized as a property owner (forexample, in deceased estates that have not beensettled).

Prompt and complete disclosure of advantagesof negotiated sale over expropriationproceedings (as provided for by R.A. 10752) willbe 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 onfair market value.(ii) Payment of CGT will be shouldered by the IA,the DOTr.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure(iii) It has a shorter process (2-6 months if allrequired documents are complete).

Disadvantages of Expropriation Proceeding:(i) Initial payment for land will be based on theBIR zonal value, and an owner will have topresent documentary evidence during courthearings to prove that the value should behigher. (ii) The owner needs to hire a lawyer.(iii) The owner/AP will pay CGT.(iv) It has a longer process. It may take a year toseveral years before the decision of the court forpayment of just compensation in favor of theowner becomes final and executory, accordinglyordering the DOTr to pay the owner thedifference. The AP may still revert from expropriation tonegotiated sale at any point in time before thelast day of filing for motion of the expropriationcase. In case the expropriation case has been filed inthe court:The plaintiff, the DOTr, can withdraw the caseany time before the filing of the answer by thedefendant, the AP (Section 1(h) Rule 16 of the1997 Rules of Court on Civil Procedures).If the answer is filed, there has to be a joint filingby the DOTr and the owner to withdraw the case(Section 2, Rule 17 of the 1997 Rules of Courton Civil Procedures).In both cases, the acquisition mode would revertback to negotiated sale, which will entitle theowner to payment at the current market value forland (as indicated in the DOTr’s Offer to Buy(OTB)), free of taxes, including CGT, andregistration fees in accordance with Section 5(c)R.A. 10752, at the replacement cost forstructures and improvements, and at the marketvalue for crops and trees under Section 5(a) R.A.10752.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure

If compensation is less than replacement cost, theDOTr will apply a mitigation measure to reachreplacement cost. Other applicable allowances including

livelihood rehabilitation and transitionalassistance allowances apply as per casesnot subject to expropriation.

4 Scope ofapplication of theRAP

The scopecoversdirectimpacts oflandacquisitionandrestrictedland use forthe project,includingany landacquired fordevelopment ofresettlement sites andROWadjustmentsspecificallyfor theproject.

Unless the RAP specifiesotherwise, governmentpolicies and standardsonly would be applied.

For involuntaryresettlement impactsfrom land acquired forresettlement sites, R.A.7279 states that the landfor socialized housingscan be expropriated butshould be resorted onlywhen other options havebeen exhausted.

Potentialgaps withrespect totheapplicationof policiesandentitlements under theRAP tothose whoareaffected bylandacquisitionto developresettlement sites forthe project.

Any land acquired for project requirementsincluding ROW and resettlement sitedevelopment specifically for the needs ofthe project will be included in the scope ofthe RAP.

The DOTr will oblige any agencyresponsible for land acquisition for projectneeds, including ROW adjustments,resettlement sites, utilities relocation, andaccess roads, to apply the same standardsand entitlements as set out in the RAPpolicy.

5 Timingofpaymentofcompensationandassistan

Allcompensation andassistanceshould beprovidedprior todisplaceme

Under R.A. 10752, in the mode ofnegotiated sale, APs will be paidin two installments for theiraffected properties. The balancein compensation for the land willonly be paid after the Deed ofSale has been completed. Thebalance of payment for

There aregaps onthe timingforpaymentand forexpropriation cases

APs will not be displaced until they are paid infull compensation and applicable allowances.

For negotiated sale, the following arrangementswill be applied:For structures: The DOTr will pay 100% prior tobeing displaced. Payment of compensation forstructures and improvements may be held in

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measurece priortodisplacement

nt. improvements will be paid to APsonly after the acquired lands havebeen cleared of all improvements(i.e., structures, trees, and crops).

In the mode ofexpropriation, initialcompensation at anamount computed at100% of lot price basedon the latest BIR zonalvalue for land, thereplacement cost forstructures andimprovements, and themarket value for cropsand trees in the form of acheck will be depositedto the court in favor ofthe owner upon filing ofan expropriation case bythe DOTr. The court willimmediately issue anorder to take possessionof the property and startimplementation of theproject (Section 6(a) R.A.10752). While the courtadjudicates thecompensation to be paid,APs may, at any timerequest the court torelease such depositupon presentation ofproof of ownership(Section 6(a) R.A.

the need toprovideproof ofownershipto the courtprior topayment.

abeyance for participants of socialized housingprograms or used as an advance payment ontheir amortizations at APs' request untilrelocation sites and socialized housingaccommodations become available.

For land: For full/severe impacts, the 1stinstallment of 50% will be made by the DOTr,and the remaining 50% will be paid to APs whenland is officially transferred. On the other hand,for partial/marginal land taking, the remaining50% will be paid to APs upon annotation of theTitle on Sale on the portion of land. However, nodisplacement nor civil works will commence untilsuch transfer is effective and the balance is paid.

In negotiated cases where APs are willing to selltheir property but will take more than 30 days tosubmit required documents, the DOTr willprovide necessary assistance to the extentpossible to help APs secure the paperwork.

In cases wherein APs need to undergo the EJSprocess for the paperwork, the DOTr will assistthem through the Help Desk, so that they cancomplete title segregation prior to the issuance ofthe OTB and thus can be eligible for negotiatedsale.23

In cases wherein after due diligence DOTr findsthe EJSE to be incurable, expropriation case willbe filed while the EJS is still being processed.The APs can, at any time, request the court torelease the initial payment deposited to theCourt upon submittal of proof of ownership. TheAP will have the choice of accepting the checkfor BIR Zonal value for the land and

23 In cases when an original owner whose name is on the title has already died and did not leave any last testament as to who will inherit his/her property, his/her heirs have toundergo the EJS process, so that the original title can be subdivided among them. Otherwise, the agency tasked to acquire ROW cannot compensate them. Further, the completionof title segregation prior to the issuance of the OTB can be achieved through the early issuance of the Notice of Taking (NoT) to property owners.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure10752). replacement value for structures and

improvements, and market value for crops andtrees and await the court’s findings, or once theEJS is completed, a joint motion in the court fora compromised judgement can be filed and theacquisition goes back to negotiated sale. Insuch cases, the DOTr will pay to the APs thedifference between the initial payment releasedby the court and the market value indicated inthe OTB.

6 Severityofimpactsonproductiveresources forwhichrehabilitationassistance isrequired.

The loss of10% ormore ofproductiveor incomesources(e.g.,farmlandandbusiness/shop) isentitled tolivelihoodrestorationassistance.

There is no specificreference to the severityof impacts. The relatedreference includes:For agricultural tenantsand sharecroppers:Financial assistanceequivalent to the averagegross harvest for the lastthree (3) years and noless than Php 15,000 perha (E.O. 1035).For agricultural lessees:They are entitled todisturbancecompensation equivalentto five times the averagegross harvests on theirlandholding during thelast five precedingcalendar years (R.A.6389).

Gaps withrespect tothethresholdandrequirements forlivelihoodrestorationassistancefor allcasesexperiencing the lossofproductiveresources.

Participation in the Livelihood Restoration andImprovement Program (LRIP) will be providedfor those whose productive resources arepermanently affected by 10% or more.

7 Severityof theloss of apropertyforwhichthe

If theresidualportion of apropertyafteracquisitionis 20% or

No specific lawprescribes acquisition ofthe remaining unviableportion of the acquiredproperty. 25

No currentGovernment policyon thisissue.

If the residual portion of a property afteracquisition is 20% or less or if the residualportion is no longer viable for use accordingto original purpose, the entire property will beacquired taking also the wishes of the AP intoconsideration.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureentirepropertywill beacquired

less or ifthe residualportion isno longerviable foruseaccordingto theoriginalpurpose,the entirepropertywill beacquired. 24

8 Incomerestoration andlivelihoodimprovement

Theborrower/client willincludedetailedmeasuresfor incomerestorationandlivelihoodimprovement ofdisplacedpersons intheresettlement plan.Incomesourcesand

There are requirementsfor supplementaryassistance or training tocertain categories ofAPs. However, therequirements do nothave specific objectivesto restore income-earning capacity and arelimited in scope andapplication.

Nonetheless, the IRR ofR.A. 10752 states thatgovernmentappropriations should beavailable to cover thecost of the developmentand implementation ofresettlement projects and

ADB/JICAguidelinesare morespecificregardingobjectivesof restoringincome-earningcapacityandincludethosewhoseincomegenerationresourcesareseverelyaffected.

Income restoration and livelihoodimprovement measures need to be designedin consultation with APs and be adequatelyresourced to restore income-earning capacityof all APs whose livelihoods are affected andimprove income-earning capacity ofvulnerable APs.

The effectiveness of income restoration andlivelihood improvement activities will bemonitored and reviewed.

24 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 if residual holdings areno longer economically viable, the owner shall have an option to sell the residual land.

25 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 even less than 20% if theremaining portion is no longer economically viable or if it no longer functions as intended, the owner of this property (e.g., 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 Measurelivelihoodsaffected byprojectactivitieswill berestored topre-projectlevels, andtheborrower/client willmake everyattempt toimprove theincome ofdisplacedpersons, sothat theycan benefitfrom theproject. Forvulnerablepersonsandhouseholdsaffected,theresettlement plan willincludemeasuresto provideextraassistance,so that theycanimprovetheirincomes in

may include livelihoodrestoration andimprovement activities.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measurecomparisonwith thepre-projectlevels. Theresettlement plan willspecify theincome andlivelihoodsrestorationstrategy,institutionalarrangements,monitoringandreportingframework,budget, andtime-boundimplementationschedule.

9 Transitionalassistance andcompensation forlost income

In the caseofphysicallydisplacedpersons, (i)transitionalsupport anddevelopmentassistancesuch aslanddevelopment, creditfacilities,training, or

Section 10(c) of R.A.10752 provides that thecost of the developmentand implementation ofresettlement projectscovered by the Act,including planning, socialpreparation, and otheractivities under aresettlement action planshall be provided withadequate appropriationsto cover the fundsneeded for such.

Section 15 of the IRR of

Althoughthere is nospecificlaw andguidelinewhichmentionsassistanceduring thetransitionperiod, therelevantentitlements may belumpedunder the

Transitional support during the period whenAPs resettle and re-establish their livelihoodswill be provided aimed at stabilizing theirliving standards.

The Entitlement Matrix outlines the specificsof the support provided for transitionalassistance entitlements coveringcompensation for lost income and assistanceto re-establish livelihoods and businesses.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureemploymentopportunities and (ii)opportunities to deriveappropriatedevelopment benefitsfrom theproject willbeprovided.

In caseswhere landacquisitionaffectscommercialstructures,affectedbusinessowners areentitled to(i) the costsof re-establishingcommercialactivitieselsewhere;(ii) the netincome lostduring thetransitionperiod; and(iii) thecosts oftransferringand

R.A. 10752 further statesthat when necessary thedevelopment costdescribed above mayinclude landdevelopment andhousing construction, theprovision of basicservices and communityfacilities, livelihoodrestoration andimprovement, and otheractivities under theresettlement action planin coordination withconcerned governmentagencies.

E.O. 1035 provides forfinancial assistance todisplaced tenants andcultural minorities andsettlers equivalent to theaverage annual grossharvest for the last three(3) years and no lessthan PhP 15,000 perhectare.Section 7 of R.A. 6389provides for disturbancecompensation foragricultural lessee’sequivalent to five (5)times the average grossharvest in the last five (5)years.

For APs whosestructures are severely

clausespertainingto“livelihoodrestorationandimprovement andotheractivitiesunder theresettlement actionplan” asstipulatedby R.A.10752 lawand itsIRR.

In therelevantPhilippinelaws, thereis noprovisionforcompensation forincomeloss formedium- tolarge-sizedbusinesses.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measurereinstallingplant,machinery,or otherequipment.

affected and whosebusiness/income areaffected, the DPWH'sLARRIPP (2007)provides for rehabilitationassistance with anamount of no more thanPhP 15,000 (based onthe tax record for thebusiness activities).

10 Disclosure of theRAP

ADB/JICApolicy is tomake theRAPaccessibleto thepublicthroughtheirwebsitesbeforereaching aloanagreement.

The NEDA's ICC doesnot require the RAP to bemade available to thepublic.

There is agap onaccessibility of theRAP tostakeholders.

The RAP will be prepared and accessible tothe public through the JICA, ADB, and DOTrwebsites.

Salient information from the RAP will bedisclosed to APs prior to and followingfinalization during SCMs.

11 GRM Appropriateandaccessiblegrievanceredressmechanisms must beestablishedat theproject-level for the

There is no specific lawthat stipulates GRMwithin land acquisitionlaws in the Philippines.

There is nospecificlaw thatstipulatesGRM forlandacquisitionin thePhilippines.26

An effective and accessible GRM will beestablished for the project to resolvedisputes outside the judicial system.

Prior to the start of ROW acquisition, theDOTr will establish the Help Desk at eachcity/municipality to address the concerns ofAPs pertaining to the RAP and ROWacquisition.27 Each Help Desk must beestablished before the delivery of the NoT toAPs by the DOTr. A database of APs’concerns, actions taken, referrals made,

26 In terms of guidelines, Section 3.4 Tracking and Monitoring Implementation of Grievance procedures of the DPWH's Land Acquisition Plan and Resettlement Action Plan (LAPRAP) Tracking Manual of 2003 was previously used as a reference.

27The 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 Measureaffectedpeople andtheircommunities.

and the resolution status of the saidconcerns will be developed and maintainedby the DOTr.

Once the ROW acquisition commences, theGRM is triggered and the Help Desk, incoordination with the RIMC will serve as arecipient and database manager ofgrievances filed.

12 Census, inventoryof losses, and theestablishment ofcut-off dates foreligibility toentitlements

Affectedpeople areto beidentifiedandrecorded asearly aspossible inorder toestablishtheireligibilitythrough aninitialbaselinesurvey(includingpopulationcensus,assetinventory,and socio-economicsurvey).Theborrower/client willestablish acut-off dateforeligibility.

There is a requirementunder R.A. 7279 and itsIRR for LGUs to conductinventory of their informalsettler families (ISFs).The conduct of surveysand tagging isestablished practices bythe Urban Poor AffairsOffice (UPAO).Section 4 of the IRR forthe registration ofsocialized housingbeneficiaries states thatthe city/municipalgovernment shall beprimarily responsible forcarrying out theregistration ofunderprivileged andhomeless families withintheir respectivejurisdictions.

No specificrequirement for thecut-offdate.

A census and socio-economic survey areconducted for the affected areas to preparethe RAP.

For informal settlers, the cut-off date is seton the beginning date of the census andtagging.

The cut-off date is publicly disclosed duringthe 1st stakeholder consultation meeting inthe project-affected areas.

Date of the NoT issuance will be the cut-offdate for legal property owners.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling MeasureInformationregardingthe cut-offdate will bedocumented anddisseminatedthroughoutthe projectarea.

13 Externalmonitoring

For projectswithsignificantinvoluntaryresettlement impacts,theborrower/client willretainqualifiedandexperienced experts toconductexternalmonitoring.

Not required There is agap on therequirement forexternalmonitoringof projectswithsignificantimpacts.

The IA will engage qualified experts toconduct external monitoring of theimplementation of the RAP.

14 Voluntary landdonation

Voluntarydonationwill be anact ofinformedconsent,andAPs/IPs willnot beforced todonate land

Voluntary land donationsare permitted.

There aredifferencesin theimplementation andconditionsforvoluntarydonations.

Voluntary land donation is not an option forthis project, except for government-to-government negotiated donation.

Voluntary donation will be an act of informedconsent, and APs/IPs will not be forced todonate land or other assets with coercion orunder duress. Any voluntary donation asrequested by APs will follow internationalbest practices and be confirmed throughwritten records and verified by an

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measureor otherassets withcoercion orunderduress.

independent third-party.

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H. Fundamental Project Policy

233. The Government of the Philippines has adopted a Project Resettlement Policy (theProject Policy) for the project as described in this Resettlement Action Plan that is consistentwith The Resettlement and Indigenous Peoples Planning Framework for this project, nationallaws and regulations and international standards of JICA and ADB on involuntaryresettlement and fill in policy gaps identified in the previous chapter. This is to ensure thatAPs are able to rehabilitate themselves to at least their pre-project condition, at the earliestpossible time. The Project Policy will follow the provisions and entitlements laid out in thisRAP. The following principles will govern project implementation:

a. Land acquisition and involuntary resettlement will be avoidedwhere feasible or minimized, by identifying possible alternative project designsthat have the least adverse impact on the communities in the project area.

b. Where displacement of households is unavoidable, all eligibleAPs losing assets, livelihood, or resources will be fully compensated and assistedso that they can improve, or at least restore, their pre-project standards of living.

c. Where displacement of business enterprises is unavoidable, allAPs losing livelihoods will be fully assisted so that they can improve, or at leastrestore, their former economic conditions.

d. Rehabilitation assistance will be provided to any APs, that is, anyperson or household or business which on account of land acquisition for theproject would have their:

(i). Standard of living adversely affected;(ii). 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 fixedor movable assets, acquired or possessed, temporarily or permanently);

(iii). Income-earning opportunities, business, occupation, work or place ofresidence or habitat adversely affected temporarily or permanently; and

(iv). Social and cultural activities and relationships affected or any other lossesthat may be identified during the process of resettlement planning.

e. All affected people will be eligible for compensation andrehabilitation assistance, irrespective of tenure status, social or economicstanding and any such factors that may discriminate against achievement of theobjectives outlined above. Lack of legal rights to the assets lost or adverselyaffected, nor tenure status and social or economic status, will not bar the APsfrom entitlements to such compensation and rehabilitation measures orresettlement objectives, unless proven disqualified under Philippine law, JICAGuidelines (2010) and ADB SPS (2009).

f. All APs residing, working, doing business and/or cultivating landwithin the project impacted areas as of the cut-off date will be entitled tocompensation for their lost assets at replacement cost as well as restoration ofincomes and businesses, and will be provided with rehabilitation measuressufficient to assist them to improve or at least restore/maintain their pre-projectliving standards, income-earning capacity and production levels.

g. APs partially affected by land acquisition will not be left withresidual portions that would not be viable for continued use for the originalpurpose. APs whose land is partially acquired will have the option for the entirelot to be acquired if the residual portion is not viable. For partially affectedstructures, if the remaining portion is not viable for continued use, the entirestructure will be compensated. Assessment of technical viability is undertaken bycivil engineers and duly checked by licensed Independent Property Appraiser

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(IPA) as part of the replacement cost survey. The technical assessment is doneat two levels. One is through actual field inspection and measurements. Theother is through the preparation of Basic Plans which confirms if major structuressuch as columns would be affected. APs are informed by DOTr during RAPimplementation/ROW acquisition (after issuance of Notice of Taking/Offer to Buyand during discussion and execution of the Agreement to Demolish and RemoveImprovement).

h. People temporarily affected will be considered APs. Prior toconstruction commencement, Contractors will secure the necessary ECCs fortemporary facilities such as workers camps, construction yards, and warehousesfor materials, stockpiling areas etc. from the appropriate DENR-EMB officeswhere they are located. Where these facilities are located in public or privatelands, the Contractor will enter into Lease Agreements and should there be aneed for temporary displacement or compensation for affected structures andimprovements, the Contractor will comply with the provisions of R.A. 10752, theEnvironment Management Plan and this RAP.

i. Where a host community is affected by the development of aresettlement site in that community, the host community will be consulted onresettlement planning and decision-making. All attempts will be made to minimizethe adverse impacts of resettlement upon host communities.

j. The plans for resettlement and relocations will be designed inaccordance with the Project Policy.

k. Any project-related activities that triggers involuntaryresettlement such as land acquisition or land clearance or that displaces peopleusing the land then such impacts will be considered as impacts under the scopeof this RAP. In such cases the same entitlements as in this RAP will be applied tothose affected. Application of this requirement will be monitored under this RAPmonitoring arrangements.

l. The RAP as approved by JICA and ADB will be disclosed byDOTr to the public through the following means: posting of approved RAP onJICA, ADB and DOTr websites and distribution to concerned LGUs.Implementation of the RAP will be guided by the DPWH Right-of-Way AcquisitionManual (DRAM), however only where the manual applies to the policies stated inthis document. The DOTr’s Right-of-Way and Site Acquisition Manual(ROWSAM) will not be used in this project.

m. Payment for land and/or non-land assets will be based on theprinciple of full replacement cost.28

n. Compensation for APs dependent on agricultural activities will beland-based wherever possible. Land-based strategies may include provision ofreplacement land, ensuring greater security of tenure, and upgrading livelihoodsof people without legal titles. If replacement land is not available, other strategiesmay be built around opportunities for re-training, skills development, wageemployment, or self-employment, including access to credit. Cash compensationalone will be avoided as an option if possible, as this may not address losses thatare not easily quantified, such as access to services and traditional rights, andmay eventually lead to those populations being worse off than without the project.

o. Transitional assistance will be provided, in addition tocompensation to assist APs to restore livelihood and standards of living. Suchsupport could take the form of short-term jobs, subsistence support, andtransitional allowance.

p. The resettlement plan must consider the needs of those mostvulnerable to the adverse impacts of resettlement (including the poor, thosewithout legal title to land, ethnic minorities, women, children, elderly, and

28 The cost of replacing lost assets and incomes, including cost of transactions.

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disabled) and ensure they are considered in resettlement planning and mitigationmeasures identified. Assistance should be provided to help them improve theirsocio-economic status.

q. APs will be involved in the process of developing andimplementing resettlement plans.

r. APs and their communities will be consulted about the project,the rights and options available to them, and proposed mitigation measures foradverse effects, and to the extent possible be involved in the decision-makingconcerning their resettlement.

s. Adequate budgetary support will be fully committed and madeavailable to cover the costs of land acquisition (including compensation, otherentitlements and income restoration measures) within the agreed implementationperiod. The funds for all resettlement activities will come from the Philippinegovernment.

t. Displacement must not take place before provision ofcompensation and other assistance required for relocation. Sufficient socialinfrastructure and basic services must be provided in the resettlement site prior torelocation. Livelihood restoration measures must also be in place but notnecessarily completed prior to construction activities, as these may be on goingactivities.

u. Arrangements required for the implementation of the RAP will bein place prior to the commencement of implementation of RAP; this will includethe provision of adequate human resources for supervision, consultation, andmonitoring of land acquisition and rehabilitation activities.

v. Appropriate reporting (including auditing and redress functions)monitoring and evaluation mechanism, will be in place as part of the resettlementmanagement system. An external monitoring agent or group will be hired by theproject and will evaluate the resettlement process and final outcome. Suchgroups may include qualified resettlement experts, NGOs, research institutions oruniversities.

I. Cut-Off Date

234. The cut-off date pertains to the date from which APs are considered eligible forcompensation and other forms of assistance. The cut-off date for Landowner APs is the dateof receipt by the Landowner APs of the issuance of the Notice of Taking (NoT) by the DOTrin accordance with the relevant laws. The cut-off date was declared for non-landowners atthe time of the census survey. Based on these statutes, any new structure or improvementto an existing one on the land covered by the Project Right-of-Way (PROW) acquisition willnot be compensated after the respective cut-off dates. Legal APs and Non-landowners havebeen included in all consultations from the beginning to ensure that they are aware of theproject. The cut-off date is further discussed in Chapter 2.

J. Principle of Replacement Cost

235. All eligible structures/improvements owned by project-affectedhouseholds/businesses will be compensated based on the principle of replacement cost.Replacement cost is the amount calculated before displacement which is needed toreconstruct the affected asset without depreciation and without deduction for taxes and/orcosts of transaction.

236. The Replacement Cost Study (RCS) to determine compensation rates will beconducted by a licensed Independent Property Appraiser (IPA) or a Government FinancialInstitution (GFI) with adequate experience in property appraisal selected by the IA through acompetitive process. The IA will use the RCS of the IPA and/or GFI as basis of the IA’s price

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offer during negotiated sales. The basis of RCS is to be consistent with the followingstandards of assessment.

a. The classification and use for which the property is suited based on, among otherthings, the latest approved land use plan and/or zoning ordinance, if any, of thecity or municipality concerned as well as the price of the land as manifested inocular findings, oral as well as documentary evidence presented taking thefollowing into consideration:

(i). Location of the property with reference to quality of neighborhood andsurrounding improvements, access to community centers, shopping andtransportation, and presence of detrimental influences to value;

(ii). Size, the lot area in relation to the highest and best use, present use andutilization of the property;

(iii). Physical characteristics such as shape, topography, utilities, easements,road frontage, etc.; and

(iv). The current selling price of similar lands in the vicinity based on, amongother things, the latest records on Deeds of Sale for similar lands in theoffice of the Register of Deeds concerned as well as review of existinglisting of properties and comparison against actual sales prices ofproperties with similar characteristics;

b. The development cost for improving the land-based on, among other things, therecords and estimates of the City or Municipal Assessor concerned, GFI or IPAfor similar or comparable lands;

c. Replacement cost value for structures and improvements on the land;d. Such facts and events so as to enable the affected property owners to have

sufficient funds to acquire similarly situated lands of approximate areas as thoserequired from them by the government, and thereby rehabilitate themselves asearly as possible.

e. Replacement cost value for structures and improvements on the land

237. The valuation methodology for the project used for structures is the Cost Approach ofthe International Valuation Standards 2017 (IVS 2017), “the cost approach provides anindication of value using the economic principle that a buyer will pay no more for an assetthan the cost to obtain an asset of equal utility.” The international standard requires that allcost that will be incurred should be considered. The project included the following cost in thevaluation of structures.

a. Direct Cost – refers to cost of materials and labor; b. Indirect Cost - refers to professional fees (i.e., design, permit, architectural, legal,

etc.), overheads, taxes, finance costs, profit margin or entrepreneurial profit to thecreator of the asset.

238. In determining the replacement cost of structures, depreciation was not factored inthe computation. The RCS is part of the TOR of the IPA and it includes the projectEntitlement Matrix as basis for valuation. The work requirements of the IPA to prepare aRCS as to be reflected in their TOR include the following elements:

239. Scope of the RCS. The scope is to verify and determine the current market valuesfor lands, structures, improvements, and other physical properties or non-land-basedincomes. For other crops and trees, value assessment shall be determined usingDepartment of Environment and Natural Resources (DENR) applicable guidelines. Suchmarket values shall serve as basis for calculating compensation and entitlements for APs,

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families, structures and properties to ensure that APs are compensated at replacement costat the time of compensation.

240. Methodology. The RCS was carried out by based on information collected from bothdesk research, interviews in the field including with affected people, realtors, developers,banks, building contractors, real estate agents and government agencies to get a goodestimate of the current market values of properties and other improvements.

241. The independent appraiser consults on the above principles with the affected peopleto guide the appraisal. The principles of replacement cost and market value was explained tothe affected people during the feasibility and detailed engineering design stage.

242. Affected Land. For affected lands, compensation will be in terms of current marketvalue, free of tax as provided in Section 5(a)(1) of R.A. 10752, computed based on Section 7of R.A. 10752 and Section 12 of its IRR as below:

a. The classification and use for which the property is suited based on,among other things, the latest approved land use plan and/or zoning ordinance,if any, of the city or municipality concerned;

b. The development cost for improving the land-based on, among otherthings, the records and estimates of the City or Municipal Assessor concerned,GFI or IPA for similar or comparable lands;

c. The value declared by the owners based on the value shown in theowners' latest Tax Declaration Certificates or Sworn Statements;

d. 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 theoffice of the Register of Deeds concerned;

e. The reasonable disturbance compensation for the removal and/ordemolition of certain improvements on the land and for the value ofimprovements thereon considering, among other things, the replacement costof improvements at current market prices as provided in Section 6.6 of this IRR;

f. The size, shape or location, tax declaration and zonal valuation of theland-based on, among other things, the latest records on Deeds of Sale in theRegister of Deeds, tax declaration by the City or Municipal Assessor, zonalvaluation of the BIR for comparable properties;

g. The price of the land as manifested in the ocular findings, oral as wellas documentary evidence presented; and

h. Such facts and events so as to enable the affected property owners tohave sufficient funds to acquire similarly situated lands of approximate areas asthose required from them by the government, and thereby rehabilitatethemselves as early as possible.

i. In all cases, the increase in the value of the affected property broughtabout by the government project itself will not be considered in thedetermination of the price offer.

249. Affected Structures and Improvements. For affected structures andimprovements, compensation will be in terms of replacement cost, as provided in Section5(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 overheadcosts, permitting costs, reinstallation of utility connections, and all other attendant costsassociated with the acquisition and installation of a similar asset in place of the affectedasset. Further, if the affected structure has been damaged, the replacement cost will bebased on the pre-damaged condition of the structure. The replacement structure mustperform the same functions and meet performance specifications as the original structure.

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250. Determination of market value of trees takes into account age and productivity of thetree. Compensation rates will be determined by the replacement cost study and informed byvalues prescribed by the Department of Agriculture (fruit trees) or the Department ofEnvironment and Natural Resources (for timber trees). A valuation matrix provided by theDepartment of Agriculture was the basis for the cost of each fruit trees based on its age sizeand tree productivity lifespan. The tree ownership validation has been conducted toascertain number of trees they owned and their estimated cost as per valuation matrixprovided by the Department of Agriculture.

K. Eligibility and Project Impacts

251. Eligibility defines the APs who are covered by compensation and otherentitlements/resettlement assistance. The project-related land acquisition will result in thephysical 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 ortax declaration or other acceptable proof of ownership, and informal sector families.

252. Criteria for Eligibility. An AP is defined as any person or persons, household, firm,private or public institution who, as a result of land acquisition for the project or restrictedland use due to the project experience physical displacement (relocation, loss of residentialland, or loss of shelter) or economic displacement (loss of land, assets, access to assets,income sources, or means of livelihoods) whether such losses and involuntary restrictionsare full or partial, permanent or temporary.29 Eligibility is based on this Project ResettlementPolicy30.

253. Eligible APs may fall under the following categories:

a. Landowners (Residential, Mixed Use, Agricultural, Commercial, Industrial, andInstitutional)

254. 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 underCommonwealth Act (C.A.) No. 141 and whose land ownership is notacquired 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 previousgovernment exercise of its lien;

(iv). Those who were former Informal Settler Families (ISF) but now hold atitle 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 at least 30 years; A certification from the DENR proving that the land is alienable

and disposable; or Other documents that may show proof of ownership.

(vi). Those who are holders of an Emancipation Patent (EP) or Certificateof Land Ownership Award (CLOA) granted under the respectivecomprehensive agrarian reform statutes;

29 ADB, 2009. Safeguards Policy Statement. Manila.30 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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(vii). Government agencies and local government units which are owners ofaffected public lands;

(viii). Those who were former ISFs and Community Mortgage Program(CMP) beneficiaries whose titles are still under the name of theorganization; or

(ix). Other paying APs of affected properties whose ownership is still underthe name of funding entities or developers.

b. Structure Owners (Residential, Mixed Use, Agricultural, Commercial, Industrial,and Institutional) and Owners of Non-land Assets and Improvements

255. Structure Owners and Owners of Non-land Assets and Improvements in this RAPrefer to those who meet the following criteria:

(i). Those who own land as described above and/or also own structures,non-land assets and/or improvements in the said land;

(ii). Those who own structures, non-land assets, and/or improvementsused for business but do not own the land where the structures are;

(iii). Those who own structures, non-land assets, and/or improvements butdo not own the land where the structures are located and are notclassified as low-income households or the homeless (e.g., they arenot poor or they own real property elsewhere);

(iv). Those who own structures, non-land assets, and/or improvements butdo not own the land where the structures are located and are low-income households, or the homeless;

(v). Those who own structures, non-land assets, and/or improvements butdo not own the land where the structures are located and havepreviously availed of government socialized housing programs (i.e.,returnees);

(vi). Those who own structures, non-land assets, and/or improvementswho were former ISFs but now hold title of land through governmentsocialized housing programs;

(vii). Those who own structures, non-land assets, and/or improvementswho were former ISFs and CMP/National Housing Authority (NHA)beneficiaries whose titles are still under the name of the organizations;

(viii). Government agencies and LGUs which are owners of affected publicstructures, non-land assets, and/or improvements on public or privatelands; and/or

(ix). Other paying APs of affected properties whose ownership is still underthe name of funding entities or developers.

c. Renters/Lessees of Land and/or Structures

256. Renters/Lessees of Land and/or Structures in this RAP refer to those who meet thefollowing criteria:

(i). Residential/commercial/institutional/mixed use renters possessing alease/rental agreement who are not classified as vulnerable or do nothave low incomes:

(ii). Renters and sharers of formal structures who have low incomes arealso eligible to avail of socialized housing programs if they satisfy thecriteria set forth by this RAP.

(iii). Agricultural lessees: Renters of agricultural land who may not possessa lease/rental agreement may present a sworn affidavit by a thirdperson who may have witnessed a verbal agreement between thelandowner and the lessee.

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d. Business Enterprises

257. Business enterprises are commercial establishments that are operating as of the timeof the cut-off date. These are classified in terms of scale of operations (i.e., asset size andnumber of employees) into micro-, small-, medium-, and large-sized businesses.

258. Micro-businesses pertain to small shops which sell their goods in small spaces, suchas sari-sari stores, food stalls, repair shops (including car repair, appliance repair, and cellphone repair), dress shops, tailor shops, beauty parlors, and vulcanizing shops. These aretypically operated within their dwelling places, or ancillary spaces to their dwelling places.These include shops that may or may not have permits to operate issued by the LGUsconcerned.

259. Those who own small, medium, or large-sized business establishments (includingapartments/units/houses for rent except those operated by squatting syndicates), includingthose who own land or are leasing a space from property owners. It pertains to any businessactivities 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 which the particularbusiness entity’s office, plant, and equipment are situated. The table below shows theclassification of affected business enterprises.

Table 4-74: 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 andMedium Enterprise Development (SMED) Council Resolution No. 01 Series of 2003 dated 16 January 2003.

e. Employees of Commercial, Agricultural, and Industrial Establishments

260. Workers are regular, contract, or casual employees of affected commercial (includingsmall shops, micro, small and medium to large-sized businesses, vendors, and commercialstall tenants) or industrial establishments whose incomes will be affected or who may evenlose jobs once the said establishments are displaced. It includes APs displaced from theirhomes and are required to permanently relocate to a place that makes their former wage-based employment inaccessible, thereby needing to find a new employment or a source oflivelihood.

f. Agricultural Tenants, Sharecroppers, Landowners, and Lessees

261. Those who are engaged in farming and are considered agricultural tenants,sharecroppers, landowners, or lessees.

g. Vulnerable Groups

262. Vulnerable groups in this RAP refer to a poor household, a household headed by theelderly or a solo parent, or a household with a Person with Disability (PWD) or a person who

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http://server2.dti.gov.ph/dti/index.Php?p=532

needs special assistance. For the purpose of the RAP implementation, these categories ofvulnerable households are further defined as follows:

a. Poor household - The Philippine Statistics Authority (PSA, 2015) definesthe poor according to the poverty threshold, or a total family incomeneeded to meet a family’s basic food and non-food needs. As of 2015, theannual per-capita poverty threshold is set at PhP 25,007 for the NationalCapital Region (NCR), PhP 22,474 for Pampanga Province and PhP21,989 for Bulacan Province, and PhP 21,770 for Laguna Province. Basedon this definition, households with five family members whose combinedannual household income is lower than PhP 125,035 for NCR, PhP112,370 for Pampanga, PhP 109,945 for Bulacan and PhP 108,850 forLaguna Province are considered poor.

b. Household headed by the elderly - Under the expanded Senior CitizensAct of 2010 (R.A. 9994), any resident of the Philippines who is at least 60years old is considered as elderly or a senior citizen.

c. Household headed by a solo parent with dependent/s under 18 years ofage - A solo parent is someone who falls under any of the followingcategories, as indicated in R.A. 8972:

(i) A woman who gives birth as a result of rape and other crimesagainst chastity even without a final conviction of the offender:Provided, that the mother keeps and raises the child;

(ii) Parent left solo or alone with the responsibility of parenthooddue to death of a spouse;

(iii) Parent left solo or alone with the responsibility of parenthoodwhile the spouse is detained or is serving sentence for acriminal conviction for at least one year;

(iv) Parent left solo or alone with the responsibility of parenthooddue to physical and/or mental incapacity of spouse as certifiedby a public medical practitioner;

(v) Parent left solo or alone with the responsibility of parenthooddue to legal separation or de facto separation from spouse forat least one year, as long as he/she is entrusted with thecustody of the children;

(vi) Parent left solo or alone with the responsibility of parenthooddue to declaration of nullity or annulment of marriage asdecreed by a court or by a church as long as he/she isentrusted with the custody of the children;

(vii) Parent left solo or alone with the responsibility of parenthooddue to abandonment of spouse for at least one year;

(viii) Unmarried mother/father who has preferred to keep and rearher/his child/children instead of having others care for them orgive them up to a welfare institution;

(ix) Any other person who solely provides parental care andsupport to a child or children;

(x) Any family member who assumes the responsibility of head offamily as a result of the death, abandonment, disappearance orprolonged absence of the parents or solo parent.

d. Household with a family member who is a PWD, according to the MagnaCarta for Disabled Persons (R.A. 7277), pertains to an AP who suffers fromconstraints of different abilities, as a result of a mental, physical, or sensoryimpairment, in performing an activity in the manner or within the rangeconsidered normal for a human being.

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263. APs who belong to any of the following vulnerable groups: (i) households that arebelow the poverty threshold; (ii) households headed by the elderly; (iii) households withPWDs; and (iv) households headed by a solo parent are expected to face greater challengesin re-establishing their living standards. The vulnerable groups will be provided withadditional transitional support and rehabilitation assistance. For AH with persons needingspecial assistance and/or medical care, the LGUs concerned will provide nurses or socialworkers to help them before and during resettlement activities. The beneficiaries of suchassistance include households with pregnant women, the elderly, ill family members, youngchildren, and people with physical and mental disabilities.

h. Loss of Access

264. The ROW will be fenced to secure the Project area during construction and up to thetrain operation stage. Persons affected by this loss of access to their properties will becovered under a separate RAP. At the time of the writing of this RAP there are no identifiedareas that cause loss of access that cannot be mitigated. DOTr will continue to assessaccess provisions and will report on this in regular monitoring reports.

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5. CHAPTER 5: COMPENSATION AND ENTITLEMENT

265. The provision of compensation and assistance is designed to enhance or at leastrestore the quality of life of all displaced persons by this project in real terms, relative to pre-project levels and, where possible, to improve the standards of living of the displaced poorand other vulnerable groups. The project entitlements have been developed and ispresented in the Entitlement Matrix (EM) (Table 5-3). As appropriate, compensation will beaccompanied with assistances, as outlined in the EM.

266. Identification of APs’ eligibility was carried out in accordance with the census taggingof land, structures, SES and validation activities.

267. The EM outlines the specifics of the compensations and entitlements, as per theimpact and eligibility criteria. The EM is tailored for the specific impacts covered under thescope of this RAP. Specifically, it provides details of compensation and entitlements for:

Loss of land Loss of trees and crops Loss of structures Loss of income/livelihood Loss of non-PNR government-owned land and structures Loss of non-land assets and improvements Additional hardship due to vulnerability Unanticipated involuntary resettlement impacts

A. Units of Entitlements

268. The unit of entitlement is the entity (individual, family or household, or community)eligible to receive compensation or entitlements. The units of entitlement include thefollowing categories:

a. Individuals or juridical persons having legal ownership of land, structuresand/or community facilities will be considered as the unit of entitlement of the subjectproperty;

b. Owners of residential or non-residential structures, with or without legalownership on the land where the structure is located, will be considered as the unit ofentitlement, upon presentation of sufficient proof of ownership of said structure;

c. Owners of crops, trees and other agricultural produce, with or without legalownership on the land where the crops, trees and/or agricultural produce is located,will be considered as the unit of entitlement, upon presentation of sufficient proof ofownership of crops, trees and/or agricultural produce being claimed;

d. A household will be the unit of entitlement, in instances where thehousehold will be impacted by physical displacement and requiring relocationassistance, including:

(i) Households that own the dwelling structure also have legal ownership on theland where the structure is located;

(ii) Households that own the dwelling structure but do not have legal ownershipon the land where the structure is located;

(iii) Households that are renting, leasing or sharing the structure;(iv) Households who own structures and were former Informal Settler families

(ISFs) but now hold title of land through government socialized housingprograms

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(v) Households that have previously availed of government socialized housingprogram (returnees) and are deemed ineligible by the KSA to participate inthe socialized housing program; and

(vi) Households/APs who occupy temporary dwellings.

e. Adults whose waged-based income will be impacted will be the unit ofentitlement for livelihood rehabilitation and improvement assistance andcompensation for income losses, as detailed in Table 5 -75.

Table 5-75: APs Entitled to Livelihood Restoration Assistance

Major Group of APs Entitled APs Based on Entitlement MatrixAPs engaged inenterprise activity

a. APs who own affected fixed micro-businesseswithin the PROW (e.g., small shops, sari-sari store, carinderia, foodstand, repair shop, etc.) with or without permits from the LGUconcerned.

b. APs who have agricultural business with orwithout lease/rental agreement with the landowner.

c. APs who own affected small businessestablishments within the PROW.

d. APs who own affected medium and largebusiness establishments within the PROW.

APs engaged inwage-basedoccupation

a. APs who are employed in a displacedcommercial, industrial establishment or agricultural businesses andlose their job due to closure of business or laying off as a result ofminimized operation.

b. APs who will permanently relocate to a placethat makes former wage-based livelihood opportunities inaccessibleand as a result need to find new employment or source of livelihood.

c. APs who permanently relocate to a place thatmakes it more expensive to commute to their place of work but willretain their employment.

APs engaged in land-based activity

a. APs who are agricultural tenants andsharecroppers.

b. APs who are landowners or lessee who aredirectly engaged in farming and other agricultural activities.


f. The unit of entitlement for Vulnerable Groups are household, and includes:(i) Households below poverty threshold;(ii) Household headed by the elderly;(iii) Households headed by solo parents with dependents; and (iv) Households with any member of the family residing in the household who is

categorized as person with disability (PWD)g. Government Agency/LGU who are owners of affected public structures,

community facility and areas on public land are considered the unit of entitlement forcompensation relating to project impacts on these structures and government lands.

B. Conditions

269. In applying these units of entitlement, the following conditions apply.

a. A household with only one (1) family member will have the same entitlement as thosehaving more than one household member (with the exception of food allowancesduring relocation as this is calculated on a per person basis).

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b. Female-headed households are to be equally recognized as a unit of entitlement,similar to male-headed households.

c. The unit of entitlement for loss of income from business activities will be the legallyregistered owner of the business activities who at the time of the census is operatingthe business on the land or structure to be acquired by 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 surveyquestionnaire utilized and validated by the MCRP Project Management Office (PMO)or RAP Implementation Management Committee (RIMC)

d. The unit of entitlement for loss of income from agricultural land will be the AP who isdirectly engaged in farming in the affected land which could be owner lessee, tenantand sharecroppers who till the land. Wage-based workers in these farms are entitledto compensation for loss of income as employees.

e. Legal co-owners of land, structures and/or business will be included within the oneunit of entitlement under the same arrangement as the co-share documents or as perexisting form of income-expenses-profit share arrangements.

f. Households, regardless of income and category, will have the option to choosebetween self-relocation assistance and assisted resettlement. The housing modalitywill depend on several factors such as income, previous inclusion to relocationprojects, and AP’s preferences.

C. Eligibility

a. Original Patent Holders of Lands Granted Under CA 141

270. Historically, public land was granted to agricultural farmers with the provision thatshould a piece of that land (up to 60 m width) be required for a government Right-of-Way(ROW), including railway projects, that it is to be returned to government ownership. As aresult, APs who are original patent holders of lands granted under CA 141 (or own it througha gratuitous title such as donation or succession), and whose land has not been subjected toprevious government exercise of its lien will have different entitlements, as detailed in theentitlement matrix. Specifically, there will be no compensation for land up to 20 meters widthif the patent was granted prior to 1975, and up to 60 meters width for patents grantedthereafter. Cash compensation for structures, improvements, crops and trees, within this lienwill be computed at full replacement cost.

D. Modes of Acquisition

271. The entitlement matrix outlines the entitlements for loss of land, structures and otherassets, income and means of livelihood, as well as other forms of assistance for vulnerablegroups. The EM on this chapter set out the details of compensation for all affected personsand households. E. Processes for Provisions of Compensation and Entitlements

272. The process for the provision of compensation and entitlements, as they relate toland, assets, and structures is detailed below. Refer to Chapter 7 for processes relating torelocation assistance, and Chapter 8 for processes relating to livelihood restoration andimprovement.

F. Process for Negotiated Sale

273. DOTr will issue a Notice of Taking (NoT) to the affected property owners as early aspossible to (1) give them sufficient time to prepare and complete necessary paperwork

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requirements for compensation; and (2) enable early validation and authentication of proof ofownership by DOTr; and (3) set the cut-off date for legal property owners. DOTr will providecopies of the NoT to respective LGUs and pertinent national government agencies so thatconcerned officials are made aware of which properties have been served said Notices andas such should not issue any building, construction, development, or business permit thatare not in accordance with the approved plans and purposed of the Project within the ROW,as mandated by RA 10752 and its IRR. Parallel to the issuance of NoT, DOTr will provide anotice of information with regards to the location of the final alignment to concerned LGUs.This notice will serve as the basis of LGU to revoke the building permit for those structuresthat are under construction and to halt issuance of building permit within the approvedproject alignment subject to observance of due process. A sample Notice of Taking (NoT) isattached as Appendix 4.

274. In this manner, payment of compensation can be expedited if the property owner cansubmit supporting documents to DOTr upon receipt of NoT. DOTr may start the issuance ofthe Offer to Buy (OTB) once it accepts the property appraisal and the detailed design phaseRAP is approved by JICA/ADB. The OTB contains the (i) amount that DOTr offers to the APsfor their affected property(ies); and (ii) gives the APs 30 days to submit the “return slip” fromthe OTB along with the supporting documents to prove their ownership of the propertysignifying their acceptance of the offer. The property owner has the option to assign anattorney-in-fact as representative for the process. Upon receipt of the documents, DOTr willvalidate its authenticity and completeness. Should the AP refuse or fail to submit the returnslip and supporting documents within 30 days, DOTr through the Office of the SolicitorGeneral (OSG) may initiate expropriation proceedings. 275. If entire lot will be acquired for ROW, the sale may proceed directly to the executionof the Deed of Absolute Sale, otherwise if it is a partial land acquisition, then a lot subdivisionplan/map will be submitted to DENR-LMB for approval prior to the execution of Deed ofAbsolute Sale.

276. For affected land with structures, improvements and crops/trees, DOTr and the APwill, upon acceptance of offer and verification of ownership, execute either a Deed ofAbsolute Sale (DOAS), or DOAS with Permit to Enter (PTE) and Agreement to Demolish andRemove Improvement (ADRI). Once the DOAS, PTE and ADRI have been executed, DOTrmay proceed to payment of compensation. A sample ADRI is attached as Appendix 6.

277. For both cases APs with complete documents will be compensated at 100% paymentfor land, improvements, crops and trees. For APs with tax property arrears, payment will be100% of the amount, less the RPT arrears paid directly to LGU31.

278. Should the AP need financial assistance to settle his/her accounts (i.e., RPT arrears,mortgaged property), DOTr may issue an advance payment upon the AP’s request.

279. For APs with EJS cases that are considered curable, 50% of compensation for landand 100% for improvements/structures and crops/trees will be paid in advance to APs. Anyremaining amount will be paid in full prior to displacement of APs.

280. For APs with Extra Judicial Settlement (EJS) cases that are considered incurable,DOTr will initiate filing of expropriation cases32. APs may draw compensation for

31 Real property taxes, as mandated by law are taxes on real properties, paid on an annual basis to respective localgovernment units. APs who need to settle RPT arrears of significant amounts equivalent to 10% or more of the replacementvalue of their affected property will be eligible to be included in the Livelihood Restoration and Improvement Program.

32 Incurable EJS cases refer to those wherein it is deemed not possible to reach an agreement outside of the court processamong rightful heirs and the only remedy would be for them to enter judicial process to settle partition of estate.

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improvements/structures and crops/trees from the proper Court. DOTr will provide necessaryrental subsidy and other entitlements prior to displacement.

281. Similarly, APs who own the structures but do not own the land will sign amemorandum of Agreement (MOA) and execute an ADRI with DOTr. (The detailed processfor households to relocate is presented in Chapter 7 of this RAP along with the Guidelinesfor Dismantling Structures). If the documents are complete and verified at that time, the APwill receive full compensation for all the affected properties including crops and trees.

282. Figure 5 -16 illustrates the flow of right-of-way acquisition including Negotiated Saleand Expropriation Proceeding as explained in Sections 6.4.1 and 6.4.2 here.

Figure 5-16: DOTr Land Acquisition Swimlane

G. Process of Expropriation

283. For affected land with structures, improvements and crops/trees, DOTr and the APwill, upon acceptance of offer and verification of ownership, execute either a Deed ofAbsolute Sale (DOAS), or DOAS with Permit to Enter (PTE) and Agreement to Demolish andRemove Improvement (ADRI). Once the DOAS, PTE and ADRI have been executed, DOTrmay proceed to payment of compensation. In the event that the AP refuses or fails to acceptthe compensation in the negotiated sale or refuses to cooperate or submit the documentsnecessary for payment, DOTr will initiate expropriation proceedings. There might be othercases wherein it may be necessary for DOTr to initiate expropriation proceedings, includingi) ownership disputes in the event of multiple ownership/claimants, ii) owner is unable to belocated, and iii) owner cannot be identified.

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284. For expropriation cases, a check will be deposited to the court upon the filing ofcomplaint by the DOTr through the OSG, as its legal counsel. For land, the amount ofcompensation 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 fullreplacement cost as defined in R.A. 10752 and its Implementing Rules and Regulation(IRR). Loss of non-land assets and improvements will be compensated based on its currentmarket value.

285. The Court will immediately issue an order for DOTr to take possession of theproperty (also referred to as a Writ of Possession) and with order of demolition (forstructures, improvements, crops and trees) the AP will be required to vacate the property.DOTr will be able to start implementation of the project as provided in Section 6(a) of R.A.10752. While the court adjudicates the compensation to be paid, the AP may, at any time,request the court to release such deposit upon presentation of proof of ownership (Section6(a) R.A. 10752).

286. After the case has been heard by the court, the court will order DOTr to pay thedifference, if any, between the initial compensation and the just compensation as determinedby the Commissioners assigned by said court. DOTr will pay the necessary documentarystamp tax and registration fees while the AP will shoulder the CGT and any unpaid RPT. Ifcompensation is less than replacement cost, the DOTr will apply a mitigation measure toreach replacement cost.

287. Based on Rule 16 Section 1(h) of the 1997 Rules of Court on Civil Procedures, theplaintiff (DOTr) can withdraw the case any time before the filing of the answer by thedefendant (APs). If the answer has been filed, there has to be a joint filing by DOTr and theowner to withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on CivilProcedures).

288. In both cases, the acquisition mode would revert back to Negotiated Sale, which willentitle the owner to payment at current market value for land (as indicated in DOTr’s OTB),free of taxes, including CGT, and registration fees, replacement cost for structures andimprovements, and market value for crops and trees.

289. If no motion to dismiss as above described is filed, expropriation proceedings willcontinue. Once the court decision becomes final, executory acquisition mode (expropriation)cannot revert back to any other mode.

290. Where APs agree to the negotiated sale but are unable to gain the necessarydocuments to show proof of ownership, DOTr may pursue a joint motion in the court for acompromised 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. Thiswill be done through the Help Desk that will be established at each LGU prior to the issuanceof the NoT. Thus, early issuance of the NoT will support APs to have enough time tocomplete the EJS process prior to issuance of the OTB letter. If APs are unable to completethe 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.

H. Required Documents for Payment of Compensation

291. For land to be acquired through negotiated sale, the landowner(s) are required tosubmit the following documents prior to full payment:

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a. Owner’s duplicate copy of title (Original Certificate of Title (OCT), orTransfer Certificate of Title (TCT)), or Certificate of Land ownership Award(CLOA) or Copy of the Original Land Patent covering said lot;

b. Tax Declaration of Lot; c. Tax Declaration of Improvements (if any)/Certificate of No

Improvement;d. Tax Clearance;e. Two government issued/valid Identification Cards (IDs).

292. Structure owners including informal settlers are required to present the followingdocuments:

a. Two (2) valid Government issued identification cards;b. Clearance for Structures and Improvements if applicable to micro business

owners;c. Special Power of Attorney (SPA), if applicable; andd. Tax Declaration of Improvements (if any).

293. ISFs (non-landowners) are required to submit the following:a. Certification from the barangay concerned stating that he/she is the rightful owner

of the structure;b. Affidavit of the claimant, and two other persons not related to the claimant,

preferably neighbor and/or landowner of the adjacent properties; c. Upon submission of these two, validation of claims and issuance of certification

from concerned LHB; andd. Other documentary evidence available as proof of ownership of structure.

294. Owners of crops and trees need to present the following:a. Two valid government ID’sb. Special Power of Attorney (SPA), if applicable; andc. If applicable, two (2) valid Government issued identification cards of the

Designated Signatory to the Deed of Sale in the SPA.

295. For owners of crops and trees on land that they do not own:a. Certification from the barangay concerned stating that he/she is the rightful

owner of the crops and trees;b. Affidavit of the claimant, and two other persons not related to the claimant,

preferably neighbor and/or landowner of the adjacent properties; andc. Upon submission of these, validation of claims and issuance of certification from

concerned RIMC.

I. Income Loss

296. The owners of micro, small, medium, and large businesses, including their respectiveemployees, will present the following:

297. For displaced employees of affected businesses:a. Two valid government IDs;b. Joint affidavit of the employee and of affected business owner that the former will

be or was displaced from their current job due to the project; andc. SSS, PhilHealth, Pag-IBIG or GSIS records of employing entity to establish that

the person is indeed employed in their company prior to the implementation ofthe project; or

d. Validation of claims and issuance of certification from concerned RIMC.

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298. For affected micro business with annual income of PhP 250,00033 and below:a. Two valid government IDs; andb. Validation of claims and issuance of certification from concerned RIMC.

299. For affected micro business with annual income above PhP 250,000, and affectedsmall, medium and large businesses:

a. Two valid government IDs of business owner or authorized representative;b. DTI or Securities and Exchange Commission (SEC) registration, whichever is

applicable; andc. Income Tax Return of the previous year.

J. Assistance to Obtain Necessary Documents

300. DOTr will provide assistance to APs who need to obtain the above-mentioneddocuments. This will be done through the Help Desk that will be established at each LGU.Template waiver forms and barangay certification/letters will also be available from the HelpDesk to support APs in obtaining the required Paperwork.

K. Payment Schedule

301. The schedule of payment to Legal Property Owners is summarized in the followingtable.

Table 5-76: Payment Schedule for Legal Property Owners

AP Category 1st Payment 2nd Payment

Documentsto be

Exchangedwith DOTr

Prior toPayments

Timing for APs tovacate

A. Negotiated SaleCase 1.

AP with completedocuments including

Owner’s Copy of the Title(APs who submitted proofsof ownership after issuanceof NoT and the documents

have been subjected to duediligence by DOTr).

100% of theland

100% for thestructures,

crops and trees

N/ADOASADRI34

Following fullcompensation

paid (after the 1st

payment as thereis only one

payment)

Case 2. APs with complete

documents but onlysubmitted these after

issuance of OTB, and assuch DOTr needs to

undertake due diligencefirst.

90% of the land100% for the

structures,crops and trees

10% of the landDOASADRI


paid (after the 2nd

payment)

Case 3. APs with complete

documents except taxclearance.

100% for landand structure/improvement

less the amount

NA DOASADRI


paid (after the 2nd

payment)

33Annual 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.

34 ADRI is necessary only if there are affected structures.

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AP Category 1st Payment 2nd Payment

Documentsto be

Exchangedwith DOTr

Prior toPayments

Timing for APs tovacate

of RPT arrearspaid by DOTrdirectly to the

LGU 100% for the


Case 4.APs/cases which require

EJS.

50% of the land100% for the


50% of the landDOASADRI


paid (after the 2nd

payment)

B. Expropriated Property

Applicable to all cases.

An initial compensation at an amountcomputed at 100% of lot price based

on latest BIR zonal value for land,replacement cost for structure and

improvements, and market value forcrops and trees. A check will be

deposited to the court in favor of theowner upon filing of expropriation

case by DOTr.While the court adjudicates the

compensation to be paid through itsappointed commissioners to

determine the just compensation, theAPs may, at any time request the

court to release the amount of thedeposited check upon presentation of

proof of ownership.After the case has been heard by the

court, the Court will order DOTr topay the difference, if any, between

initial compensation and the justcompensation as determined by the

court.

After issuancefrom the court of

the Writ ofPossession toDOTr. This is

roughly 10 daysafter filing the

expropriation caseand is before the

final courtdecision.

At the same timethat the Writ ofPossession is

issued, APs willbe able to claim

the depositedamount of moneyheld by the court,if they can prove

ownership.

302. Compensation payments to Non-landowners/ISFs will be paid in full beforeoccurrence of loss and will not require a phased payment schedule.

L. Entitlement Matrix

303. Table 5 -77 shows the Entitlement Matrix providing details for compensation andentitlements for affected persons and households.

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Table 5-77: Entitlement Matrix

Type of Impact Loss of Land

Entitled Person (Severe/Full) (Marginal/Partial)

1a APs who have full title being OCT orTCT or Emancipation Patents (EP) or(CLOA).

Entitlements:Cash compensation for loss of land at full replacementcost computed at current market value, free of taxes,including CGT, DST, transfer tax, and registration fees,except RPT arrears.

ORIf feasible, land-for-land will be provided in terms of anew parcel of land of equivalent productivity, at alocation acceptable to APs.

Entitlements:Cash compensation for portion of land at fullreplacement cost computed at current market value,free of taxes, including CGT, DST, transfer tax, andregistration fees, except RPT arrears.

Easement Agreement:If the portion of a lot required for a ROW is minimal,such that the expenses for surveying or segregating thatportion from the main lot would be more than the valueof the part of the lot needed, the DOTr may, if the owneragrees, resort to the mode of easement of ROW (TitleVII, Chapters 1 and 2 Civil Code of the Philippines). Inthis case, cash compensation for the value of theportion of the land subjected to easement agreementcomputed at latest BIR zonal value, with owner retainingownership of said portion of land (Article 630, Chapter 1,R.A. 386/ Civil Code of the Philippines).

1b APs who are not original patent holdersof lands granted through C.A. 141 (i.e.those who have bought the patent forthe land previously granted through C.A.141) and where any previous acquisitionis not through a gratuitous title (e.g.,donation or succession) (C.A. 141,Chapter 7).

1c For untitled land, APs who can present:(a) Tax Declaration showing his and hispredecessors’ open and continuouspossession of the property for at least 30years, (b) a certification from the DENRthat the land is alienable and disposable,and (c) other documents that may showproof of ownership (RA 10752).

1d APs who were former ISFs but now holdtitle of land as a result of a governmentsocialized housing program.

1e APs who were former ISFs andgovernment socialized housing programbeneficiaries whose titles are still underthe name of the organization.

Entitlements:Same as above, with less any amount still owing to thetitle.

Entitlements:Same as above.

1f APs who are original patent holders oflands granted through CommonwealthAct (C.A.) No. 141 and the land has notbeen subjected to previous governmentexercise of its lien.

Entitlements: No compensation for land up to 20 m width if patent wasgranted prior to 1975, and up to 60 m width for patentsgranted thereafter35. In excess of government lien,follow other entitlements for 1a.

Entitlements:No compensation for the affected portion of land within20 m width if patent was granted prior to 1975 and up to60 m width for patents granted thereafter. In excess ofgovernment lien, follow other entitlements formarginal/partial impacted 1a APs.

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1g APs whose properties are mortgaged(‘properties’ may be land, land andbuilding, or building within acondominium association such as anapartment.)

Entitlements:Same as above but check payment will be split into asfollows.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

Entitlements:DOTr to request mortgagee to segregate the portion ofthe property to be acquired for ROW from the rest of theproperty.1. Full replacement cost for portion of the mortgaged

property to be acquired, less remainingamortization;

2. Pay Mortgagor the remaining amortization amountneeded to release portion of mortgaged property

1h APs whose properties are ordinaryassets36 (i.e., property is used in trade orbusiness or primarily held for sale).

Entitlements:Cash compensation for loss of land at full replacementcost computed at current market value, free of taxes,including Value Added Tax (VAT), DST, transfer tax, andregistration fees, except Expanded/CreditableWithholding Tax37 (EWT) and RPT arrears.

Entitlements:Cash compensation for portion of land at fullreplacement cost computed at current market value,free of taxes, including VAT, DST, transfer tax, andregistration fees, except EWT3 and RPT arrears.

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. APs 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 AP. 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. Non-viability of remaining portion will be determined by DOTr in consultation with the AP. If the remaining portion of land is not viable for continued use for the

original 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 AP. 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

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 AP would not be entitled tocompensation for the land. If, however, the land to be acquired from the same land was wider than 20m (say 50m) then the AP would be entitled to compensation for 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 a width of 60m would not be compensated and sameprinciple 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 foreclosure sales. 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 determined and adjusted by

HLURB are exempted from payment of EWT (Section 2.57.5 of the BIR Revenue Regulation 2-98).

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property, such fees will be borne by DOTr.

Type of Impact Loss of StructureEntitled Person (Severe/Full) (Marginal/Partial)2a APs who own structures/improvements

and also own the land where thestructure is located.

Entitlements:

Cash compensation for the entire structureequivalent to full replacement cost without deductionfor the depreciation or salvaged materials. In cases where the affected structures are beingused as a dwelling by the structure owner and theirfamily residing there, self-relocation or assistedresettlement as follows: 1. Self-relocation assistance (i) Rental subsidy equivalent to five months of rentalpayment for an alternative dwelling;(ii) Cash compensation to cover the cost of connectingutilities such as water and power;(iii) Transportation to new dwelling inclusive oftransportation of belongings; and (iv) Food allowance of PhP150 per person for threedays relocated or a food parcel of equal or greateramount (as determined by DOTr).

AND2. Assisted resettlement(i) Option to avail of government economic and mediumcost housing program under the HDMF otherwiseknown as Pag-IBIG Fund. The Pag-IBIG housing loanmay be used to finance any one or a combination of thefollowing:- Purchase of a fully-developed residential lot oradjoining residential lots not exceeding 1,000 m2;- Purchase of a residential house and lot, townhouse orcondominium unit;

Entitlements:

Cash compensation for the affected portion of thestructure at full replacement cost without deductionfor depreciation or salvaged materials. Replacementcost includes repair and other associated costs forrestoring damaged portion of the structure.Cash allowance for repair costs commensurate withactual costs.Rental subsidy for a maximum of three months willbe provided if it is determined and agreed betweenthe AP and DOTr PMO that retrofitting the structurewill require the AP to temporary vacate the place.

2b APs who own structures/improvementsbut do not own the land where thestructure is located on and are not a low-income household and/or they own adwelling elsewhere.

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- Construction or completion of a residential unit on aresidential lot owned by the member;- Home Improvement; and/or- Refinancing of an existing housing loan.

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 APs. The DOTr will enter into an agreement with Pag-IBIG so that available housing programs can be made accessible to eligible APs 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.

APs will not be responsible for demolition of structures. APs 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, APs 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 online scheduling of appointment or walk-in at any Pag-IBIG branches. In the case of APs, DOTr will make

necessary agreement with the HUDCC so that the APs 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 AP.

Type of Impact Loss of StructureEntitled Person (Severe/Full) (Marginal/Partial)2c APs who are renting, leasing or sharing

the structure/improvement, and do nothave a low-income.38

Entitlements:

No compensation for land or structures. In cases where the structures are being used asresidential dwellings, self-relocation or assistedresettlement as follows:1. Self-relocation assistance(i) Rental subsidy equivalent to five months of rentalpayment for an alternative dwelling; (ii) Cash compensation to cover the cost of connecting

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.Rental subsidy for maximum of 3 months will beprovided if it is determined and agreed between theAP and DOTr PMO that retrofitting will require

38 For this project, low income families are those whose combined family monthly income is below PhP 40,000.

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utilities such as water and power;(iii) Transportation to new dwelling inclusive oftransportation of belongings; and (iv) Food allowance of PhP150 per person per day forthree days or a food parcel of equal or greater amount(as determined by DOTr).

OR

2. Assisted resettlement(i) Option to avail of government economic and mediumcost housing program under the HDMF otherwiseknown as Pag-IBIG Fund. The Pag-IBIG housing loanmay be used to finance any one or a combination of thefollowing:- Purchase of a fully-developed residential lot oradjoining residential lots not exceeding 1,000 m2;- Purchase of a residential house and lot, townhouse orcondominium unit;- Construction or completion of a residential unit on aresidential lot owned by the member;- Home improvement; and/or- Refinancing of an existing housing loan.(ii) Cash compensation to cover the cost of connectingutilities such as water and power;(iii) Transportation to new dwelling inclusive oftransportation of belongings; and (iv) Food allowance of PhP150 per person relocated forthree days or a food parcel of equal or greater amount(as determined by DOTr).

temporary vacating the place.

Type of Impact Loss of StructureEntitled Person (Severe/Full) (Marginal/Partial)2d APs who are renting, leasing or sharing

the structure/improvement, and have alow-income.39

Entitlements:

No compensation for land or structures. In cases where the structures are being used asresidential dwellings, self-relocation or assistedresettlement as follows:1. Self-relocation assistance

39 For this project, low income families are those whose combined family monthly income is below PhP 40,000.

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(i) Rental subsidy equivalent to five months of rentalpayment for an alternative dwelling; (ii) Cash compensation to cover the cost of connectingutilities such as water and power;(iii) Transportation to new dwelling inclusive oftransportation of belongings; and (iv) Food allowance of PhP150 per person per day forthree days or a food parcel of equal or greater amount(as determined by DOTr).

OR2. Assisted resettlement(i) Option to avail of government socialized housing (ifqualified); (ii) Cash compensation to cover the cost of connectingutilities such as water and power (if not provided byKSA/LGU);(iii) Transportation to new dwelling inclusive oftransportation of belongings; and(iv) Food allowance of PhP150 per person for threedays relocated or a food parcel of equal or greateramount (as determined by DOTr).

If completion of the socialized housing at the relocationsite will not be ready in time, rental subsidy will beprovided.

Type of Impact Loss of StructureEntitled Person (Severe/Full) (Marginal/Partial)2e APs who own structures/improvements

but do not own the land where thestructure is located on and are a low-income household.40

Entitlements:

Cash compensation for entire structure equivalent tofull replacement cost without deduction fordepreciation or salvaged materials.In cases where the structures are being used asdwellings, self-relocation or assisted resettlement asfollows: 1. Self-relocation assistance (i) If AP opts to move to an existing property (verified bythe receiving LGU), in-kind transportation to be provided

Entitlements:

Cash compensation for affected portion of thestructure equivalent to full replacement cost withoutdeduction for depreciation or salvaged materials.Cash allowance for repair costs commensurate withactual costs.Rental subsidy for maximum of three months will beprovided if it is determined and agreed between theAP and DOTr PMO that retrofitting will require

2f APs who own structures/improvementsand were former ISFs but now hold titleof land through government socializedhousing programs.

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 the housing unit).

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inclusive of transportation of belongings; and (ii) Cash compensation to cover the cost of connectingutilities such as water and power;(iii) Food allowance of PhP150 per person per day forthree days or a food parcel of equal or greater amount(as determined by DOTr).

OR2. Assisted resettlement(i) Option to avail of government socialized housingprogram of a partner government Key Shelter Agency(KSA) (if qualified); If not qualified for socializedhousing, then the entitlements for assisted resettlementas per 2h apply.(ii) Cash compensation to cover the cost of connectingutilities such as water and power (if not provided byKSA/LGU);(iii) Transportation during relocation including hauling ofhousehold belongings to interim rental facilities, until therelocatees are transferred to the final resettlement site;and (iv) Food allowance of PhP150 per person per day or afood parcel of equal or greater amount (as determinedby DOTr) for three days during relocation to the interimrental units and during relocation to the permanentrelocation site.

If completion of the socialized housingaccommodation will not be ready by time ofdisplacement, rental allowance will be provided.

temporary vacating the place.

2g APs who were former ISFs andCMP/NHA beneficiaries whose titles arestill under the name of the organization.

Entitlements:Same as above deducting any amount still owed to thehousing agency.

2h APs who own structures/improvementsbut do not own the land where thestructure is located, and who havepreviously availed of governmentsocialized housing program (returnees)and are deemed ineligible by the KSA toparticipate in the socialized housingprogram.

Entitlements:

Cash compensation for entire structure equivalent tofull replacement cost without deduction fordepreciation or salvaged materials.In cases where the structures are being used asdwellings by the structure owner and his/her familyresiding there, self-relocation or assisted

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resettlement as follows: 1. Self-relocation assistance(i) If AP opts to move to an existing property (verified bythe receiving LGU), in-kind transportation to be providedinclusive of transportation of belongings; (ii) Cash compensation to cover the cost of connectingutilities such as water and power; and(iii) Food allowance of PhP150 per person per day forthree days or a food parcel of equal or greater amount(as determined by DOTr).

OR

2. Assisted resettlement(i) Option to avail of affordable public rental housingaccommodation provided by DOTr in partnership withKSA, NGOs and/or LGUs;(ii) Cash compensation to cover the cost of connectingutilities such as water and power (if not provided byKSA/LGU);(iii) Transportation during relocation including hauling ofhousehold belongings to interim rental facilities, until therelocatees are transferred to the final resettlement site;and(iv) Food allowance of PhP150 per person per day or afood parcel of equal or greater amount (as determinedby DOTr) for three days during relocation to the interimrental units and during relocation to the permanentrelocation site.

If completion of the public rental housingaccommodation will not be ready by time ofdisplacement, rental allowance will be provided.

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;ii. Used as an advance payment for their housing loan amortizations; or iii. Held in abeyance until they are transferred to the relocation site.

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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 APs 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.

2i APs who occupy temporary dwellings41. Entitlements:Provision of assisted resettlement options as detailedfor 2d provided that they present a certification fromtheir respective Barangay Captains and Head of LGU’sUrban Poor Affairs Office (UPAO) or the Local HousingOffice (LHO) or equivalent stating that they are bonafide residents and have occupied the project-affectedarea prior to the applicable cut-off date.APs that do not meet the socialized housing programeligibility criteria but are able to present Certificationmay have the option to avail of affordable public rentalfacility through partnership with KSA, NGOs, and/orLGUs, to the extent possible.If completion of the public rental facility will not be readyby time of displacement, rental subsidy will be provided.

Entitlements:No compensation for structure.

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.

Entitled Person Loss of income/Livelihood3a APs who own fixed micro-businesses

(e.g. small shops, sari-sari store,carinderia, food stand, repair shop, etc.)with or without permits from the LGU

Entitlements:Cash compensation for income losses during transition period corresponding to stoppage of business activities,not to exceed six months.42

Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business elsewhere.

41 Moveable sleeping materials located within the project right-of-way (e.g., tent, cart, tarpaulin) 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 by the APs with no

delay.

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concerned. Assistance to transport belongings to new location.Assistance in securing soft loan to enable self-rehabilitation for those restarting business elsewhere.Participation in the Livelihood Restoration and Improvement Program (LRIP).

For APs who are leasing space from property owners:For those who will continue with their micro-small business activities elsewhere, rental subsidy for three monthsbased on prevailing average monthly rental for a similar structure of equal type and dimension to the propertybeing leased. Not applicable to lease contracts that will expire at the time of taking.

3b APs who own small, medium and largebusiness establishments43

Entitlements:Cash compensation for income losses during transition period corresponding to stoppage of business activities,not to exceed six months.44

Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business elsewhere.Assistance to transport belongings to new location.Assistance in securing soft loan to enable self-rehabilitation for those restarting business elsewhere.

For APs who are owners of small, medium or large commercial establishments built inside own affected property:Acquire the property but allow the owner of the structure and business use of the land for a defined period to givethe owner time to transfer, subject to agreement on a case-to-case basis.

For APs who are owners of commercial/business entities and are leasing affected space/property:For those who will continue with their commercial and business activities elsewhere, rental subsidy for threemonths based on prevailing average monthly rental for a similar structure of equal type and dimension to theproperty being leased. Not applicable to lease contracts that will expire at the time of taking.

Entitled Person Loss of income/Livelihood3c Vendors with no stalls45 Entitlements:

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 sitesto sell, and (c) link to existing government livelihood programs.

3d Trolley drivers Entitlements:Transitional support of minimum wage for four months46.Participation in the LRIP.Provision of skills training in anticipation of available job positions during construction and operation of the project.Training allowance47.

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 large businesses. as defined underSmall 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 APs with an alternative but similar business with minimal transition period. Options have to be considered by the APs with no delay. 45 Pertains to vendors who do not have permanent vending structure (e.g. carts, moveable tables, etc.)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 the prevailing minimum

wage in the area shall be provided to APs who are attending the training

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Priority in employment during construction and operation stage of the project.3e APs who are employed in a displaced

commercial, agricultural or industrialestablishment and lose their job due toclosure of business or laying off as aresult of minimized operation.

Entitlements:Cash compensation for net salary of two months based on actual salary. For APs whose income is below or withinthe minimum wage, cash compensation for four months based on prevailing minimum wage48.Participation in the LRIP.Provision of skills training in anticipation of available job positions during construction and operation of the project.Training allowance49.Priority in employment during construction and operation stage of the project.

3f APs who relocate to a place that makesformer wage-based livelihoodopportunities inaccessible and as aresult need to find new employment orsource of livelihood.

3g APs who relocate to a place that makesit more expensive to commute to theirplace of work and they retain theiremployment.

Entitlements:Commuting allowance of an amount based on additional costs, but not exceeding PhP 5,000 per household permonth for three months (not entitled to 3e or 3f).50

3h APs who are agricultural tenants andsharecroppers.

Entitlements:Financial assistance equivalent to the average gross harvest for the last three years and not less than P 15,000per hectare (EO 1035). Crop compensation will be made between the owner and sharecropper as per terms of the sharecropper in case ofprivately-owned land / publicly-owned land. In case of dispute over verbal agreement with sharecropper, certification from elected representatives will beconsidered as legal document.Participation in the LRIP.

3i APs who are landowners or lessee whoare directly engaged in farming.

Entitlements:A disturbance compensation equivalent to five times the average gross harvest for the last five years on theprincipal and secondary crops of the area acquired (as adopted from RA. 6389).Participation in the LRIP.

Implementation Considerations: 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. Entitled Person Loss of Public Land and Structure4a Government Agency/LGU owners of

affected public structures on public land.Entitlements:Compensation between agencies based on mutual agreement.Transportation to be provided inclusive of transportation of belongings.

47 Transportation allowance during training provided only if necessary49 Transportation allowance 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 APs who are attending the training50 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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4b Government Agency/LGU owners ofaffected public structures on privateland.

Entitlements:Cash compensation for structures at full replacement cost.Transportation to be provided inclusive of transportation of belongings.

Entitled Person Loss of Non-Land Assets and Improvements5a Owners of fruit and timber trees

(regardless of ownership status ofaffected land).

Entitlements:Cash compensation at replacement cost for affected fruit and timber trees.

5b Owners of crops (regardless ofownership status of affected land).

Entitlements:Compensation for the affected perennial and annual crops at market value of the crop at full-term harvest time51.

5c Owners of aquaculture produce(regardless of ownership status ofaffected land).

Entitlements:Compensation for aquaculture stock computed at harvest time52.

5d Owners of other affected non-landassets and improvements (notmentioned in 5a, 5b or 5c).

Entitlements:Compensation at replacement cost for affected non-land assets and improvements (not mentioned in 5a, 5b, 5c).Alternatively, APs may opt for transportation of secondary structures (non-land assets) in whole or in part in lieu ofcompensation where property can be viably transported.

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.Entitled Person Additional Hardship Due to Vulnerability6a APs who are classified as any of the

following vulnerable groups: poor (basedon the poverty income threshold), elderlyand solo parent-headed households53,and persons with disabilities.

Entitlements: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. Rehabilitation assistance in the form of vocational training and other development activities with the value of

up 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.

Entitled Person Temporary Impacts due to Construction

51 Compensation for crops is for one harvest only. Should the AP or someone else plant on the project ROW after validation in the barangay, it is no longer eligible for compensation.52 APs will receive compensation for land and compensation for improvements. If the remaining area (remaining fishpond area) is no longer viable, APs will be compensated for entire area. 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.

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7a APs who have legal rights to the land. 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.

7b APs without legal rights to affected landbut owners of affected non-land assets.

7c Severance impacts and/or barrier effectduring construction disrupting lateralmovement (access) or access toproperty.

Entitlements:The project will provide for crossings and continued access.In the event that construction works block access to a business, then compensation for lost income for the periodof disrupted access will be provided.

Implementation Considerations: Contractors will be responsible for the arrangement and payment of land rent, restoration of land and compensation for non-land assets and lost income. Temporary impacts due to construction will be monitored and reported as part of the Environment Management Plan.

Entitled Person Unanticipated Involuntary Resettlement Impacts8a Eligible affected persons. 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 relateddocuments for JICA and ADB to review and approve), and the Environmental Management Plan (EMP) of theapproved Environmental Impact Statement (EIS).In the event that the residual community will lose access due to the project, DOTr shall either maintain access oracquire the remaining land. Any additional land acquisition (including all affected structures, improvements andcrops therein) as a result of landlock, provision of access, and/or required setback shall be compensated similarlyas provided for in this entitlement matrix. Likewise, families and businesses that will be displaced as a result oflandlock or provision of access road or required setback shall be eligible to all applicable entitlements andresettlement and/or LRIP provided for in this RAP.

Implementation Considerations: Entitlements to be prepared in such circumstances are subject to approval of the DOTr and concurrence by JICA and ADB.Expropriation proceeding1. 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 forstructures 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 be depositedto 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 the property and startimplementation of the project (Section 6(a) R.A. 10752).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 proof ofownership (Section 6(a) R.A. 10752).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 just compensation asdetermined by the court.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.5. If compensation is less than replacement cost, the DOTr will apply a mitigation measure to reach replacement cost.6. Other applicable allowances Implementation Considerations:

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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 timebefore 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 except uponapproval 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 bothcases, the acquisition mode would revert back to negotiated sale, which will entitle the owner to payment at current market value for land (as indicated in DOTr’sletter offer), free of taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops and trees. If no noticeor motion to dismiss as above described is filed, expropriation proceeding will continue. Once the court decision becomes final and executory acquisition, mode(expropriation) cannot revert back to any other mode.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 beforethe court, upon filing of the expropriation case and making the necessary deposit, that the offer amount is not in dispute. DOTr shall then pursue the case in goodfaith and pay just compensation to the rightful owner/s as decided by the court.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 expropriation proceedingscan commence. If APs are unable to complete the EJS before the expropriation proceedings are heard by a court, DOTr will pay the just compensation asdetermined by the court, as well as any required taxes including CGT, except for any unpaid RPT.

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6. CHAPTER 6: RESETTLEMENT PLANS FOR RESIDENT LANDOWNERS

304. This chapter describes the resettlement plan specifically for resident landowners inMalolos, Calumpit, Apalit, Minalin, Sto. Tomas, San Fernando and Angeles. There are 514resident landowning households with affected house structures.

305. All qualified APs have been assessed and validated by DOTr with assistance from therespective LGU. Eligibility and entitlement of housing and project assistance is based on thisproject policy and is compliant with the ADB SPS 2009 and JICA guidelines of 2010 discussedin the Entitlement Matrix (Chapter 5).

306. The non-house owners such as renters or informal settlers were noted to be amongstthose to be displaced from their places of residence owned by the landowners and they will becovered in the separate RAP for non-land owners.

A. Beneficiaries of the Relocation Assistance

307. Census of affected households indicate that there are 514 resident households (2,418persons) whose houses will be affected by the project. The census survey recorded that these514 households have legal ownership on the affected property where they currently reside. Allhouseholds claim to owning the land where their dwelling structures are currently located.Parcellary data shows that some of the households are indeed registered owners of the affectedlands while others are registered under different names. The disparity between claimants andregistered owners will be resolved upon presentation of required proofs of ownership duringvalidation period.

308. All households with affected housing are considered to be fully affected in terms ofhousing structure and land upon which the house is built and will require to relocate. If suchaffected households wish to retain the residual portion of their lot that is not required for theproject, they may request this of DOTr at the time DOTr issues the Notice of Taking to acquirethe property.

309. In terms of vulnerability, there are 274 vulnerable households. These vulnerablehouseholds will receive inconvenience allowance of PhP 10,000 per household in addition toapplicable compensation due them.

310. Aside from these vulnerable households, there are 343 households with members whowould need special care during the actual transfer. In consideration of these APs, specialassistance in the form of manpower assistance team (MAT) will be provided to help them pack,lift, move, load, unload and unpack their belongings. DOTr will provide MAT to all households.

LGUNo. of AH RequiringSpecial Assistance

Malolos 13Calumpit 39Apalit 21Minalin 0Sto. Tomas 6San Fernando 192Angeles 72

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LGUNo. of AH RequiringSpecial Assistance

Total 343

311. A joint validation (i.e. DOTr, LGU, PNR,) of the affected households and structures wasconducted throughout the alignment and was finished in February 2020. Supplementaryconsultation interviews via telephone calls were made in May and June 2020, in compliancewith movement restrictions due to Covid 19 pandemic in the province of Pampanga.

B. Relocation Assistance

312. For landowners who are residing in the affected land, they will be provided Self-Relocation Assistance and Assisted Resettlement, upon request.

313. Self-Relocation Assistance. All AHs residing in the PROW will be given Self-Relocation Assistance. APs may choose to relocate to their hometown, to a relative withresidence close to their current sources of living, to rent somewhere near their current location,or to relocate in a permanent dwelling of their choice. APs may also use the compensation theyreceived for their affected properties in purchasing new property in their desired location. Theforms of assistance are generally geared towards helping APs to self-relocate without financialburden. The assistance provided for is a combination of the following:

a. 5-month Rental subsidy, b. Cash compensation to cover the cost of connecting utilities such as water

and power, c. Transportation to new dwelling, inclusive of transportation of materials;

andd. Food allowance

314. APs will be asked to sign a waiver that they fully understand the conditions for the self-relocation assistance, and confident that they can fully rehabilitate in their own terms. Uponexecution of the waiver, APs will be required to provide information about the address andconfirmed residential arrangements and submit the following documents summarized in thefollowing table within 30 days to be vetted by the RIMC.

Table 6-78: Required Documents for Compensation Under Self-Relocation

Requirements for Legal/Formal APs

Address of the proposed location (rental structure and permanent dwelling area) with location map, along with documentation confirming residential arrangements such as:

- Lease/Rent Agreement/Contract - Proof of ownership, if the property is owned/recently

acquired by the AP (i.e. Deed of Sale, Title)- Affidavit from the relative if property is owned by a relative

315. These documents will be validated by the RIMC. Based on the result of the validation,the RIMC will endorse payment of applicable self-relocation entitlements. The DOTr PMO will

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initiate the execution of DOAS, ADRI and Entry Permit. Upon signing of the ADRI, fullcompensation for properties and entitlements will be released to the AP prior to displacement,as well as the certification from the DOTr that the AP is project-affected. Payment of the 5-month rental subsidy in this option will be at one-time only. Once the AP has moved out of thePROW, structures and improvements will be dismantled. However, the APs will be given theoption to undertake self-demolition, provided this can be done safely and in accordance withlocal government regulations keep salvaged materials, without deduction from compensationdue them. APs will be required to apply for and obtain a demolition permit from their local LGUand abide by all required safety requirements.

Table 6-79: Rental Subsidy for Self-Relocation

Item Details

Rental Subsidy 5 monthsAmount of Subsidy PhP 15,000 per monthPayment Method One-time payment via check

316. APs who wish to avail of permanent housing will be assisted by DOTr to apply forgovernment economic and medium cost housing financing program under the HDMF, otherwiseknown as Pag-IBIG Fund. Such assistance will include information about the various programsand application processes. DOTr cannot guarantee the approval of the of the applications.

C. Right-of-Way Acquisition and Displacement Procedures

317. Issuance of Notice of Taking. Parallel to the issuance of NoT, DOTr will provide copiesof the NoT to respective LGUs and pertinent national government agencies so that concernedofficials can be made aware of which properties have been served said Notices and as suchshould not issue any building, construction, development, or business permit that are not inaccordance with the approved plans and purposed of the Project within the ROW, as mandatedby RA 10752 and its IRR. Upon issuance of Notice of Taking (NOT), the process of ROWacquisition officially begins. This will signal the beginning of validation process for landownersand a chance for them to consult with DOTr through the Help Desk. A sample Notice of Taking(NoT) is attached as Appendix 4.

318. Appraisal by GFI. The Government Finance Institution (GFI) chosen throughcompetitive process may simultaneously conduct the appraisal of affected land, structures andimprovements.

319. Issuance of Offer to Buy. DOTr will issue an Offer to Buy (OTB) as part of its right-of-way acquisition process. Affected resident landowners whose ownership will be establishedduring validation, will receive the OTB as well. APs will have 30 days to accept the offer andsubmit documents. A sample OTB is attached as Appendix 5.

320. Signing of DOAS, ADRI, and Entry Permit. Upon acceptance of the offer andsubmission of required documents, APs will be required to sign a Deed of Absolute Sale(DOAS), an Agreement to Demolish and Remove Improvements (ADRI), and an Entry Permit.These documents will be executed between the APs and DOTr upon the agreement of the APs.The ADRI will describe the agreement between DOTr and AP as to when the APs will leave theproperty, schedule of payment, cost of dismantling, and other conditions that the APs and DOTrmay have agreed on. A sample ADRI is attached as Appendix 6.

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321. Preparation of Relocation Requirements. After the signing of DOAS, ADRI and EntryPermit and prior to the release of compensation, DOTr will prepare the following in preparationfor the actual transfer of APs:

a. Transportation arrangements;b. Manpower Assistance Team (MAT) and health case workers;c. List of APs and their corresponding compensation; andd. List of APs who need extra manpower assistance during relocation.

322. Release of Compensation and Entitlements. Compensation for affected propertiesand other entitlements will be paid to APs in full prior to displacement.

323. Structure Dismantling. Structures will be dismantled after the following documents aresecured.

a. Under Negotiated Sale: DOAS, ADRI, Entry Permit, Location Plan or VicinityMap, and Photographs of area before dismantling.

b. Under Expropriation Case: Writ of Possession, Certificate of Turn-Over fromSheriff’s Office

324. The Help Desks will be operational until after completion of civil works and until the APshave completely adjusted and settled down in their new residence. Any feedback, issues orconcerns gathered from or reported to GRM desk/Help Desk, will be acted upon. If the issue orconcern has been resolved or the AP has been assisted, it will be reported to DOTr internalmonitoring unit for documentation. Otherwise, the issue will be elevated to RIMC or PIAC tofacilitate access on resources and programs at the national level. u)

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7. CHAPTER 7: PUBLIC CONSULTATION

325. This chapter on Public Consultation highlights (i) the principles for consultation andparticipation, (ii) the project stakeholders, (iii) the consultation and participation mechanismsadopted at various stages of the project cycle, (iv) the activities undertaken to disclose projectinformation, and (v) the results of consultation with the APs.

326. Information disclosure and meaningful consultation for APs to express their opinions,Department of Transportation (DOTr) promptly address matters raised. The DOTr paysparticular attention to the need of the disadvantaged or vulnerable groups, especially thosebelow the poverty line, the landless, the elderly, households headed by a solo parent, womenand children, indigenous peoples, and those without legal title to land.

327. Consistent with the policies of the Japan International Cooperation Agency (JICA) andthe Asian Development Bank (ADB) on stakeholder engagement that requires APs to beinvolved in the resettlement process, the project created venues for APs to be fully informed,consulted, and encouraged to participate in the decision-making process.

A. Principles for Consultation and Participation

328. The DOTr carries out meaningful consultation with APs throughout the project cycle.Meaningful consultation refers to the process with the following elements:

a. Begins early in the project preparation stage and is carried out on an ongoing basisthroughout the project cycle;

b. Entails timely disclosure of relevant and adequate information that is understandableand readily accessible to affected people;

c. Undertaken in an atmosphere free of intimidation or coercion;d. Gender-inclusive and gender responsive and tailored to the need of disadvantaged and

vulnerable groups; ande. Enables the incorporation of all relevant views of APs and other stakeholders into the

decision-making process concerning project design, mitigation measures, sharing ofdevelopment benefits and opportunities, and implementation issues.

329. In all LGUs, the DOTr ensures that the APs are participating throughout various stagesof the preparation and updating of the Resettlement Action Plan (RAP). Consistently, the APsare kept informed on the following:

a. Information about the Project;b. Project design;c. Schedule of project implementation;d. Probable benefits and adverse impacts of the Project and mitigating measures to be

taken;e. Compensation and entitlement packages and the schedule of information disclosure

meetings on valuation;f. Process of determining replacement cost values for compensation;g. Process of and timing for compensation payment and entitlement provision;h. Resettlement process; andi. Grievance Redress Mechanism (GRM).

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330. Implementing all resettlement and livelihood activities in cooperation with and assistedby the APs and the Local Government Unit (LGU). Specifically, the relevant local governmentofficials both at the city and barangay levels are informed about the Project through Information,Education, and Communication (IEC) meetings. The DOTr has been and will be coordinatingwith them for assistance in the supervision and validation activities for APs; inventory and in thenear future, the payment of affected assets and other entitlements and livelihood restorationactivities.

B. Project Stakeholders

331. The primary stakeholders of the Project are the following:

a. LGUs since the APs and the project ROW alignment are within its jurisdiction;b. Land and Structure owners within or adjacent to the Philippine National Railways

Right-of-Way (PNR ROW; c. The Philippine National Railways; and d. Affected farmers, wage earners, and other operating businesses within the Project

ROW.

332. Landowners and structure owners include government-owned and government-controlled corporations and private individuals. The APs refer to those who actually reside andoperates businesses at the time of census and tagging. These include those who reside in theaffected property (structure owners, renters, rent free occupants, sharers, and structurecaretakers). Employees of affected businesses, farmers, tenants, sharecroppers and lessees ofland/farmland/agricultural land are also among the project stakeholders.

333. The other interested parties (such as those people who or organizations which do nothave a direct stake at the Project but may be affected by the Project to some extent) arecovered in the Resettlement Action Plan (RAP). These may include, but not limited to, CivilSociety Organizations (CSOs) and Non-Government Organizations (NGOs) operating in theproject area.

334. The Project defines vulnerable groups as those who are underprivileged below thenational poverty line, households headed by senior citizens, female-headed households,households headed by a single parent, and households whose member is a person withdisabilities (PWD). Such persons or households may be at risk of being marginalized from aregular consultation process. The Project, therefore, ensures that the consultation andparticipation process is inclusive of all the APs.

C. Consultation and Participation Mechanisms

335. The MCRP project cycle is divided into three stages: (i) Planning and Pre-ProjectImplementation Stage, (ii) Project Implementation Stage, and (iii) Post-Project Implementationor Project Operation Stage. The Planning and Pre-Project Implementation Stage refers to thePreparation of the RAP, which is divided into two sub-phases, namely: Feasibility Study (FS)Phase; and Detailed Design (DD) Phase. The Project Implementation Phase involves thefollowing: Resettlement and Land Acquisition; Livelihood Restoration Improvement Plan; CivilWorks; Monitoring and Evaluation; and; Information Dissemination and Disclosure. And thePost-Project Implementation entails Information Dissemination and Disclosure; and Impact

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Evaluation. Described in Table 7 -80 below is the Information Disclosure and Stakeholders’Consultation Communication Plan at various stages of the Project.

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Table 7-80: Information Disclosure and Stakeholders’ Consultation Communication Plan

Stage ofProjectCycle

ProposedMechanism

Timing and FrequencyResponsibleAgency

A. Planning and Pre-Project Implementation

FeasibilityStudy

IEC Once per LGU, prior to all field activities DOTr1st SCM Once per LGU, prior to Census & Tagging DOTr 2nd SCM Once per LGU, after Census & Tagging DOTr3rd SCM Once per LGU, after approval of Entitlement Matrix DOTrFGD Once per LGU, after Census and Tagging DOTr

DetailedDesign

IEC Once per LGU, prior to all field activities DOTr1st SCM Once per LGU, prior to Parcellary Survey DOTr2nd SCM Once per LGU, after updated Census & Tagging DOTrFGD Once per LGU, between 1st and 2nd SCM DOTr

Production anddistribution of printand othermaterials

Printed materials are prepared to inform APs where toaddress their grievances; schedule of publicconsultation; procedure & requirements for extra judicialsettlement (EJS), and inventory of land, etc.1. Project Information brochure (Tagalog and English

versions)2. Project poster 3. Flyers promoting GRM (two types)4. Help desk tarps (4 types) 5. Standard DOTr presentation material (audio-visual

production)

DOTr

Online disclosureof projectinformation

As needed.Information disclosed through project Facebook page,Twitter and website.

DOTr

Mediarelease/Pressbriefing

As needed. Press briefings are meant to disclose key projectinformation, key project highlights, and as a riskmitigation measure

DOTr

B. Project Implementation

Right-of-wayAcquisition

Issuance of Noticeof Taking (NoT)

Once for each project-affected formal property owner(s)after finalization of design and approval of parcellarysurvey

DOTr

Grievance/ HelpDesk

Twice a week per LGU DOTr

Round TableDiscussions onEJS

Twice per LGU after issuance of NoT DOTr

LivelihoodRestorationandImprovementProgram

Consultation onLRIP

Once per Barangay LGU, prior displacement oflandowners and business owners/operators

DOTr

Civil WorksConsultation onCivil Works

Once per City/Municipality DOTr

Monitoring &Evaluation

StakeholderConsultationMeeting

Once per LGU, every year from the commencement ofcivil works until loan closing

DOTr

Informationdisseminationand disclosure


As neededPrinted materials should inform APs where to go or whoto contact for their grievance and complaints

DOTr

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Stage ofProjectCycle

ProposedMechanism

Timing and FrequencyResponsibleAgency



DOTr



DOTr

C. Post-Project Implementation

Informationdisseminationand disclosure


As neededPrinted materials should inform APs where to go or whoto contact for their grievances, available livelihood andemployment opportunities in NSCR-Ex operation, skillsrequired and jobs fair.

DOTr



DOTr



DOTr

Source: JICA Design Team and DOTr

D. Consultation/Participation Mechanism Undertaken During Feasibility Study Phase

336. The DOTr conducted Information, Education, and Communication (IEC) Meeting andseries of Stakeholder Consultation Meetings (SCMs). The IEC meetings and SCMs serve asvenue and platform for consultation and participation of key stakeholders and APs in all LGUsfor both phases of the FS RAP and DD RAP.

337. Information, Education and Communication Meetings. The IEC Meeting of the DOTrwith the LGUs, the following information were disclosed: (i) Project’s initial alignment andengineering design; (ii) affected barangays; (iii) initial schedule of activities for the conduct of FSRAP; and; (iv) the economic and social benefits of the Project in relation to the localcommunities and the general public; (v) seeking the of support of LGU and their comments andsuggestions to the Project and its FS RAP activities.

338. Stakeholder Consultation Meetings. The First SCM served as a venue to gatherinputs from APs in preparation for the RAP and to explain about RAP activities to the communitythereby minimizing resistance during survey activities. The Second SCM informed the APs thattheir rights are protected under the Philippine laws and the international social safeguardspolicies. It served as a venue for learning about the possible project impacts on the APs as wellas identifying the policy gaps and unusual cases relevant to the Project that may have animpact on them. The SES results and inputs during the first and second SCMs were consideredin preparing the Entitlement Matrix (EM). In the Third SCM, the APs were informed about theEntitlement Matrix. The participants to the SCMs and key information disclosed are described inTable 7 -81 below:

Table 7-81: SCMs, Stakeholders and Information Disclosed during FS RAP

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Consultation andParticipation Mechanism

Descriptions

First SCM Stakeholders invited: LGU representatives; those identified as potentiallyaffected business owners, families, and persons

Information disclosed: Project and the FS RAP activities to be conductedsuch as Census and Tagging, Socio-Economic Survey (SES), SCM, andFocus Group Discussion (FGD)

Second SCM Stakeholders invited: LGU representatives; potentially affected APs wereaccurately identified

Information disclosed: APs rights are protected under the Philippine lawsand the international social safeguards policies.

Third SCM Stakeholders invited: LGU representatives; potentially affected APs wereaccurately identified

Information disclosed: Details of the EM provisions were explained to theAPs during the third SCM

Source: DOTr and ADB

339. In all meetings held by DOTr, the Project was able to draw out a total number of 1,120participants with gender disaggregation of 452 males and 668 females who have attended atthe IEC, and SCMs on various dates. The dates and number of participants are described in thetables below.

E. Consultation and Participation Mechanism Undertaken During Detailed Design Phase

340. The DOTr employed similar information disclosure measures and consultationmechanisms: Information, Education, and Communication (IEC) Meeting and two rounds ofStakeholder Consultation Meetings (SCMs) in DD Phase. The Training Needs Assessment(TNA) was administered in selected areas of the Project to obtain information for the LivelihoodRestoration and Improvement Program (LRIP). Also, a Focus Group Discussion (FGD) wasconducted with wage-based APs and vulnerable groups.

341. To officially inform that the Project has started with the DD Phase, the DOTr conductedtwo IEC Meetings with LGUs prior to the conduct of the SCMs and the RAP survey activities.Topics discussed during the IEC meetings were the DOTr Project Updates and the DD RAPActivities to be undertaken by the Project.

Table 7-82: Summary of Information, Education, and Communication Meetings With LGUs during the DD RAP Phase

LGU DateParticipatingStakeholders

Number of Participants

MaleFemal

eTotal

Malolos 01 October, 2018 DOTr, JDT, ADB, PNR,

EcosysCorp, LGUs 12 6 18

25 July, 2019 DOTr, JDT, ADB, PNR,EcosysCorp, LGUs 14 12 26

Calumpit 01 October, 2018 DOTr, JDT, ADB, PNR, 17 15 32

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LGU DateParticipatingStakeholders

Number of Participants

MaleFemal

eTotal

EcosysCorp, LGUs

17 June, 2019 DOTr, JDT, ADB, PNR,EcosysCorp, LGUs 17 15 32

Apalit20 September, 2018 DOTr, JDT, ADB, PNR,


10 July, 2019 DOTr, JDT, ADB, PNR,LGUs 16 10 26

Sto. Tomas20 September, 2018 DOTr, JDT, ADB, PNR,



Minalin20 September, 2018 DOTr, JDT, ADB, PNR,



San Fernando

05 October, 2018 DOTr, JDT, ADB, PNR,EcosysCorp, LGUs 19 10 29


Angeles 21 September, 2018 DOTr, JDT, ADB, PNR,




342. The summary of the issues and concerns raised during the IEC meetings are found inTable 7 -83 below.

Table 7-83: Issues and Concerns Raised in the IEC Meetings during DD RAP Phase

Issues and Concerns Raised Responses

On the Project Overview and Details

Requests for copies of the final projectdesign

The design of the project is being finalized by theJICA Design Team and DOTr. The maps of the final

alignment will be presented during SCM

Inquiries on the exact details of the project

The project’s main alignment requires 30 metersRight-of-Way (ROW), while the stations required a

60-meter ROWThe boundaries of the project’s ROW will be

determined under the Detailed Design stage whichhas just commenced

Inquiries on whether the flood mitigation measures of the project are shouldered by DOTr

The budget for flood mitigation measures isincluded in the project cost

Inquiries of the project construction timeline

The start of the project construction is 3rd Quarter2020.

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On properties and persons affected by the project

Concerns over the LGU and/or barangay structures affected by the project

All affected structures will be tagged based in theresults of the Parcellary survey which will determine

the exact boundaries of the project’s ROW. All theaffected structures will be compensated based on

replacement cost

Inquiries regarding the remaining parcel of lands for those only partially affected

The remaining parcel of lot will be paid dependingon DOTr’s decision to acquire the whole land

If partially-affected properties become non-viableafter the ROW acquisition, the government will

acquire the whole property instead

Concerns over who will assist the APsregarding issues on their properties and titles

DOTr will aid APs through the Help Desk. Throughthe Help Desk, DOTr may refer APs to specific

offices from the LGU depending on their concerns

Concerns about the possible delays caused by the lengthy process of transferring titles

Although delays in the processing of documentsmay not hinder project’s implementation, it may

result to the late processing of compensationpayments.

The assistance of the local government is essentialto speeding up the processes related to the project.

DOTr will find ways to fast-track the processing ofdocuments

Concerns over the loss of access to and from the properties surrounding the project areas

The Entitlement Matrix states that the project willprovide for continued access

If there is a permanent loss of access and theproject cannot arrange suitable alternative access,

such affected households will be considered asproject-affected persons with their property to be

acquired and they will be eligible for compensationand assistance as set out in the Entitlement Matrix.

This will be prepared as a supplementary RAP.

Inquiries on the hiring of residents from affected barangays for the construction of the project

The hiring of APs is considered in the livelihoodprogram of the project

On Help Desk and RIMC

DOTr requesting LGUs assistance in establishing the GRM Help Desk by providing the following: (a) 2 staff, (b) table/office space, (c) desk, (d) chairs,(e) telephone, (f) computer, (g) internet access and (h) drop box

LGUs commit to providing the needs of DOTr inorder to establish the GRM Help Desk

Inquiries on why PNR is not a memberof the RIMC followed by requests to add PNR in the RIMC matrix

PNR will be added to the RIMC as a member

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Inquiries on how the APs will know theseverity of their affected properties

The master list, Parcellary and as-built deliverableswill be available at the helpdesk

Inquiries on the rationale behind establishing help desks in the LGUs

The main purpose in establishing help desks inLGUs is to assist APs in their concerns, questions

and complaints without them having to travel to theDOTr offices in Clark and in Manila. The setting up

of the Help desk and establishment of the RIMC willbe within July 2019

On LGU services for APs

Inquiries on renewing business permits to business owners

The cut-off of paying damages to business ownersis upon the issuance of the NoT. Once the NoT is

issued, DOTr will give the list of affected businessesto the Business Licensing Office so that they will no

longer renew the business permits of those alongand within the project area.


a. Stakeholder Consultation Meetings (SCMs) during DD RAP. The 1st round ofSCMs for DD RAP were held in each LGU as shown in Tables below. The first SCMsstarted with the disclosure of the Project in terms of (i) new project name, (ii) finalareas that the Project will traverse, (iii) final station location, (iv) final width of thePROW and (v) latest project timeline. This was followed by the presentation of theDD RAP activities to be conducted on ground and in the properties of the APs, withparticular focus on the following topics: (i) Parcellary and As-Built Survey; (ii) Censusand Tagging, (iii) socio-economic survey, (iv) standards used for property valuation(market value & replacement cost), and (v) Establishment of Help Desk. Theactivities related to the preparation of Livelihood Restoration and ImprovementProgram (LRIP) and Relocation Plan were briefly discussed. For landowners or legalproperty owners, the issuance, purpose and content of the NoT and Offer to Buy(OTB) were also explained. At the end of each consultation, the invited APs wereencouraged to participate in the open forum to express their views/opinions. Asummary of the main concerns/issues raised during the SCMs is provided in tablesbelow.

Table 7-84 Summary of the First Round of Stakeholder Consultation Meetings in theLGUs

LGUsDate and

TimeParticipating Stakeholders

No. of Participants

MaleFemal

eTotal

Malolos 27December2018, 2:00

PM

ISFs, renters, business and landowners ofBrgy. Longos and Brgy. Bulihan 39 50 89

13November2018, 8:00

ISFs, renters, business and landowners ofBrgy. Bulihan and Brgy. Longos

10 19 29

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LGUsDate and


No. of Participants

MaleFemal

eTotal

AM

Calumpit


AM

ISFs, renters and business owners of Brgy.Balungao, Brgy. Calizon, Brgy. Corazon,

Brgy. Gatbuca Putol, Brgy. Iba O Este,Brgy. Palimbang, Brgy. Pio Cruzcosa, Brgy.

Poblacion, Brgy. San Marcos, and Brgy.Santo Niño

65 111 176


PM

Landowners of Brgy. Balungao, Brgy.Calizon, Brgy. Corazon, Brgy. Gatbuca

Putol, Brgy. Iba O Este, Brgy. Palimbang,Brgy. Pio Cruzcosa, Brgy. Poblacion, Brgy.

San Marcos, and Brgy. Santo Niño

59 66 125

Apalit


AM

ISFs, renters, business and landowners ofBrgy. San Vicente and Brgy. Sulipan 11 9 20


AM

ISFs, renters, business and landowners ofBrgy. Sulipan 63 72 135

Minalin30 October2018, 8:00

AM

ISFs, renters, business owners,landowners of Brgy. Lourdes, Brgy. San

Isidro and Brgy. Santa Maria8 5 13

Sto. Tomas


AM

ISFs, renters, business owners,landowners of Brgy. Moras Dela Paz, Brgy.

San Matias and Brgy. Sapa (Sto. Niño)0 5 5


PM

Landowners of Brgy. Moras dela Paz, Brgy.San Matias and Brgy. Sapa (Sto. Niño) 17 15 32

San Fernando


AM

ISFs, renters, business owners of Brgy.Baliti, Brgy. Calulut, Brgy. Maimpis, Brgy.

Panipuan, Brgy. Pulung Bulu, Brgy.Quebiawan and Brgy. Sta. Lucia

21 39 60

08November

2018,2:00PM

Landowners of Brgy. Baliti, Brgy. Calulut,Brgy. Maimpis, Brgy. Malpitic, Brgy. Pulung

Bulu and Brgy. Sindalan32 38 70


AM

ISFs, renters and business owners of Brgy.Quebiawan, Brgy. San Agustin, Brgy.

Dolores, Brgy. Lourdes, Brgy. Santo Niño,Brgy. Santa Lucia, Brgy. San Pedro Cutud

and Brgy. San Nicolas

55 123 178


PM

Landowners of Brgy. Quiebiawan, Brgy.San Agustin, Brgy. Dolores, Brgy. Lourdes,Brgy. Santo Niño, Brgy. Santa Lucia, Brgy.

San Pedro and Brgy. San Nicolas

87 88 175


AM

APs of Brgy. Sindalan, Brgy. Baliti, Brgy.Calulut, Brgy. San Agustin, Brgy. Dolores

and Brgy. Quiebiawan

60 60 120

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LGUsDate and


No. of Participants

MaleFemal

eTotal


PM

ISFs, renters, business and landowners ofBrgy. Pulung Bulu and Maimpis 52 68 120


AM

ISFs, renters, business and landowners ofBrgy. Sto. Niño 18 28 46

28December2018, 8:00

AM

ISFs, renters, business and landowners ofBrgy. Dolores, San Agustin and Santo Niño 44 29 73

05 June2019, 8:00

AM

ISFs, renters, business and landowners ofBrgy. Dolores, San Agustin and Santo Niño 73 5 78

09 June2019, 8:00

AM

ISFs, renters, business and landowners ofBrgy. Pulung Bulu 33 19 52

Angeles


PM

Landowners of Brgy. Lourdes Sur, Brgy.Lourdes Sur East, Brgy. Pulung Bulu and

Santo Cristo50 55 105


PM

Landowners of Brgy. Agapito del Rosario,Balibago, Claro M. Recto, Malabanias and

Santa Teresita63 59 122

25 July2019, 8:00

AM

ISFs and Landowners of BarangayBalibago 22 45 67


343. Information disclosed to the APs in the first round SCM were as follows:

b. Updates on the Project: announcement of the new Project name, the North – SouthCommuter Railway Extension Project; final areas to be traversed by the ProjectROW alignment; final station location; final width of the Project ROW; and latestproject timeline.

c. DD RAP Activities to be conducted on the ground and in the properties of APs:Conduct of Parcellary and As-Built Surveys; Census and Tagging; Socio-EconomicSurvey (SES); Replacement Cost Study; Training needs assessment for preparingthe LRIP, including the relocation plans, and the cut-off date for non-legalowners/ISFs

d. Application of the social safeguards policy and guidelines of ADB and JICAe. Standards for property valuation based on RA 10752;f. Establishment of the DOTr Project Help Desk in the respective LGUs.g. Open Forum facilitated after the presentation for the APs to express their views,

sentiments and opinions in which the DOTr with the RAP consultant responded tothem.

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344. The APs were interested to know about the different project components, possibleimpacts on the farmers related to loss of access; on compensation and timing; issues on surveyrelated activities such as census and tagging. The DOTr explained the applicable laws andsafeguards policies being followed by the RAP; the need for proper communication andcoordination between and among stakeholders and agencies involved. The summary of themain concerns and issues raised during the SCMs is provided in Table 7 -85 below.

Table 7-85 Issues and Concerns Raised During the First Round of StakeholderConsultation Meetings in the LGUs

Major Opinions/Concerns of APs Response from DOTr

Dimension of the Project Right-of-Way

What are the exact measurements of the project right-of-way?

Is the final list of affected structures available?

The project requires a 30-meter Right-Of-Way(ROW) for its alignment and a 60-meter ROW

for stations. However, there may be areaswhere the project ROW exceeds 30-meters to

ensure the safety of the railway.The conduct of the Parcellary survey willdetermine the properties affected by the

project. This activity will be conducted afterthe consultation.

Why is the project alignment taking up more private lots on one side and less on the other?

All possibilities have been considered indesigning the final alignment, looking

especially at the design with the least numberof APs. However, the design must also

comply with technical requirements to ensuresafety of the railway.

Finality of the Project

Is it possible for the project to not push through due to political issues? If this happens, the efforts of APs in submitting documents will be wasted.

The project target start of railway operation is2022, before the end of the current’s

administration’s term

Project Information Dissemination

Online dissemination of project-related information should be done in order to reacha larger audience.

APs should give contact details such ascellular numbers and email addresses during

the survey activities to facilitate disseminationof project updates.

Website containing details of the project should be created for easy access to information.

The Resettlement Action Plan (RAP) of theFS Stage of the project will be uploaded soon

on DOTr’s website.

Partial and Severely Affected Properties

Will the government acquire the remaining portions of partially affected lands?

The remaining portion of partially affectedproperties will also be acquired by thegovernment if it becomes unsafe and

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economically unviable after acquisition.

Is the renovation cost included in the compensation for partially affected structures?

The retrofitting cost is included in thecompensation for partially affected

structures. However, if the partially affectedstructures will become unsafe or

economically unviable after acquisition, thewhole structure will be acquired and

compensated instead.

Will the government acquire marginally affected lands?

Yes, the government will acquire marginallyaffected lands. The government may acquire

a portion of a parcel of land through aperpetual/right-of-way easement agreement

wherein the landowner retains the ownershipof the land but will be compensated with an

amount based on the zonal value of theaffected portion of the land. This will be done

only upon the agreement of the AP.Otherwise, the government will acquire the

affected portion of the land throughnegotiated sale wherein the affected portion

becomes the property of the government andthe remaining portion (not affected) is

retained by the AP. DOTr will shoulder thetransfer and registration fee and the

preparation of subdivision plan for thesubdivided land.

Who will pay the Capital Gains Tax for easement agreements?

Under easement agreements, there will be noCGT payments because titles will not be

transferred to DOTr.

Income loss

Is there available compensation for lost income of agricultural landowners?

RAP surveys are being conducted to gatherin-depth information about APs and to

determine which properties are affected bythe project. The results of the survey activitieswill determine the appropriate entitlements for

the APs. The Republic Act No. 6389 states thatagricultural lessees shall be entitled to

disturbance compensation equivalent to five(5) times the average of the gross harvests

on his landholding during the last five (5)preceding calendar years.

In addition, under JICA and ADB’sinternational guidelines, compensations for

both fishpond owners and operators arebeing considered. With this, APs are

147


requested to bring supporting documents thatmay be serve as proofs of their income/profit;

How will the income loss be computed for APs in agricultural and fishing areas who are tax exempted?

The Department of Agriculture (DA) andBFAR will be consulted regarding the

computation of the income of tax exemptedAPs

Additional Construction/Replacement of Affected Structures for APs

Will DOTr be responsible for building new dikes for affected fishpond owners? The location of the old PNR rails is used as dikesfor the surrounding fishponds.

Reconstruction of fishpond dikes for residualarea will be covered in the compensation

which includes repair costs. The land ownerwill be responsible for arranging the repair

works.

How will the government concerns of landowners regarding the loss of access or unavailability of alternative access?

DOTr will take note of all the areas that maylose access because of the project. JICA and

ADB will not allow access to be blocked.Under the international guidelines, the project

will provide alternative access routes to andfrom areas landlocked because of the project.

Preparations for ROW Acquisition

What should APs to about lands still needingextrajudicial settlements – land titles not yet divided between heirs? Will the government compensate landowners whose land titles have not been transferred under the name of the new owner?APs expressed that it will be difficult for them to prepare and process all required documents within timeframes set by project.

APs are advised to process extrajudicialsettlements and title transfers as soon as

possible to ensure smooth transactionsduring right-of-way acquisition. The

government will compensate the owner of theproperties as reflected in title.

APs were advised to seek for assistance assoon as the helpdesk starts. The DOTr

representatives stationed on the helpdesk willhelp them with the requirements and forms. Itwould be possible for APs to process the EJS

without the help of an attorney.

Which year should be reflected in the tax declarations to be submitted?

APs should submit the latest tax declaration.

Who will process the transfer of affected titles from property owners to government?

DOTr will be responsible for the transfer oftitles, payment of Capital Gains Tax (CGT)

and transfer tax. However, CGT will beshouldered by the APs if they decline thenegotiated sale and the case proceeds to

expropriation. If compensation is less thanreplacement cost, the DOTr will apply a

mitigation measure to reach replacementcost.

Is the Deed of Sale enough proof of ownership over a subject land?

No. The compensation for affected land willonly be given to whoever is/are listed in the

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title/s. Sales of properties must be registeredand titles must reflect the names of the new

owners as proof of ownership accepted bythe government.

What if the landowners are already residing abroad? How will they be able to process documents required by the government?

Landowners residing abroad are advised toexecute a Special Power of Attorney for their

representatives in the Philippines.

Are Certified True Copies (CTC) of documents required for submission?

CTCs of documents must be submitted.

Timeline of Project ROW Acquisition

Will the government provide enough time forAPs to transfer or vacate their properties after they receive Notices of Taking/Offers toBuy?

Yes. An Agreement to Demolish and RemoveImprovements (ADRI) will be given to APs assoon as they receive their compensation. TheADRI contains a date agreed upon by the AP

and DOTr indicating when the property will bevacated for clearing.

Issues on Land Tenurial Status and Ownership

Will DOTr compensate the landowners whose affected properties were loaned from GSIS?Who will be coordinating with GSIS regarding the property mortgaged to them?

GSIS will be notified of the project and theiraffected members.

APs are advised to talk to GSIS and askabout the possibility of paying the remaining

balance. APs can use the compensation to begiven by DOTr to pay for their remaining

balance.

Will the government compensate for affected properties with outstanding loans from SSS?

APs will be compensated if the affected landtitles are under their names.

How will DOTr compensate APs who were only given rights to occupy the affected structures sold to them by the original owner? The said structure is also being leased to another person.

The compensation will be given to the ownerof the structure, while its renter, if qualified,

may avail of relocation.

Will the government be compensating for properties loaned through PAG-IBIG?Is it possible to credit the PAG-IBIG amortization payments to other housing loans?Are APs still required to continue paying the housing loan if the property is affected by the project?

A meeting with PAG-IBIG Fund will beorganized since this is a common case. APs

are advised to continue paying the loans.

Valuation of Properties

Will the properties be appraised based on The valuation of affected properties will be

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the zonal values and values declared by owners in their tax declarations?

based on their current market values which isbased on the best and highest use of the

affected land. The zonal values and valuesdeclared in tax declarations will only serve as

references in the appraisal of properties.

Will undeclared structures or improvements be compensated?

Yes, if the structure and improvements werethere at the time of cut-off date

Will the possible increase in the value of the affected properties be considered in the appraisal?

The appraisers are aware of the movement ofprices for lands.

Can property owners access the Bill of Quantities for the affected properties? APs are concerned that not every detail will be considered when appraising affected properties.

A separate team oversees the bill ofquantities. An Independent Property

Appraiser will ask the owner’s permission toenter the property in order to assess the

structure through Replacement Cost Method.

APs are concerned that the licensed appraisers are connected to DOTr and the valuation of the properties will be affected bythe appraiser’s bias.

An independent property appraiser willappraise affected properties and that the

DOTr, through the Landbank of thePhilippines, will validate the appraisals.

It is the intention of the law to have a third-party appraiser who is independent from thegovernment to appraise affected properties

and avoid biases.

Will the affected property lose its value of the owner refuse to consent to the RAP Survey Activities?

The property owner has the right to decidewhether to allow or refuse the conduct of RAP

activities on their property.The replacement cost will be more accurate ifthe independent property appraiser (IPA) will

be allowed inside the structure. The RAPActivities are not compulsory but is advised

RAP Survey Activities

Some APs may not be available for tagging and interview on weekdays.How will APs know the schedule of the Parcellary Survey?

APs may schedule tagging and interview onweekends through the Survey Permit.

APs will be informed about the schedule ofRAP survey activities through the barangays

and text messages.

What are the implications of refusing to participate in the RAP Survey activities of the project?

The property owners may decline thegovernment’s offer of compensation, but an

expropriation case will be filed by thegovernment. In expropriation, property

owners can prove to the court that the valueof their properties is higher than the value

offered by the government, but the court willdecide the final amount of compensation to

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be received by the property owner.

Compensation, Entitlements and Assistance

What is the source of funds for compensation and payments?

DOTr has the budget for the right-of-wayacquisition.

APs are concerned about the possible delayin the release of compensation payments due to the lengthy process of appraising properties.

Assurance of DOTr that compensation will befully paid prior to displacement. ADB and

JICA will closely monitoring the project.

Is there compensation for affected trees, crops and landscaping?

Tree, crops and improvements to land will becompensated at replacement cost.

A landowner suggested for government to come up with a program that would assist APs financially when they transfer from theiraffected properties to their new properties. Down payments are needed when buying new properties and the compensation they will receive may be lower than the price of available properties they could buy and transfer to.

Households required to relocate may requestthe assistance to apply for Pag-IBIG or self-

relocation if they prefer.Compensation payment can be used to buy a

new house and lot.Pag-IBIG offers various housing programs,

including group loans for housing

Will individual property owners be compensated for structures within a compound?

Affected structures will be compensatedindividually to the respective owners. Renterswill not be compensated for the structure but

will be eligible for various types ofresettlement assistance according to whether

they are low income households or not.

On property obligations and taxes

Should APs continue paying the real property tax given that their properties will be affected by the project?

APs should pay real property tax up until theyreceive the notice of taking.

GRM or Help Desk

Is there an office where APs can raise project-related concerns?

DOTr is closely coordinating with LGUs forthe establishment of Help Desks

How will the APs be notified about the availability of the Help Desk?

The hotline and email address will beprovided for APs with project-related

concernsAPs can be notified via text when the Help

Desk is already available

International Guidelines and Safeguards

How will the policy of ‘no clearing unless APs have a definite place to relocate’ be possible if the project is following a tight

ADB and JICA will not allow clearing ofproject ROW if APs have not been

compensated.

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timeline?

Will APs be able to access the salvageable materials from affected their properties after the demolition?

Under the JICA and ADB’s guidelines, APscan salvage materials from their properties

and the value of everything they salvage willnot be subtracted from compensation

paymentsSource: JICA Design Team

345. Second Round of Stakeholder’s Consultation Meeting. The 2nd round of SCMs forDD RAP were held in each LGU as shown in the tables below. The second SCMs started withthe Project Status and Updates in terms of (i) completed activities, (ii) on going activities and (iii)activities to be conducted. This was followed by discussions on the Right-of-Way AcquisitionProcess with focus on (i) Validation and Eligibility Verification Process, (ii) Modes of Acquisitionand (iii) Requirements and Process for Compensation. Resettlement Options for Legal APs andPlans for Livelihood Restoration were also part of the discussions during the second SCMs. Asummary of the main concerns/issues raised during the 2nd SCMs is provided in the tablesbelow

Table 7-86: Attendance at the Second Stakeholder Consultation Meeting in the LGUs

LGUsDate and

TimeMain Participants

No. of Participants

Male Female Total

Malolos

17January

2020,2:00 PM

Landowners and Business owners of Brgy.Bulihan and Longos

6 10 16

Calumpit

17January

2020,8:00 AM

Landowners and Business owners of Brgy.Poblacion, Calumpang, Balungao,

Corazon, Gatbuca, Iba Este, Iba O Este,Palimbang, Pio Cruzcosa and San Marcos

65 107 172

Apalit

16January

2020,8:00 AM

Landowners and Business owners of Brgy.San Vicente and Sulipan

39 46 85

Minalin

16January

2020,2:00 PM

Landowners and Business owners of Brgy.Lourdes

1 5 6

Sto. Tomas

15January

2020,8:00 AM

Landowners and Business owners of Brgy.Poblacion, Moras dela Paz, San Matias

and Santo Niño (Sapa)14 14 28

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LGUsDate and

TimeMain Participants

No. of Participants

Male Female Total

San Fernando

14January

2020,8:00 AM

Landowners and Business owners of Brgy.San Nicolas, San Pedro Cutud, Santa

Lucia, Santo Niño, Lourdes, Dolores, SanAgustin and Quebiawan

137 156 293

14January

2020,2:00 PM

Landowners and Business owners of Brgy.Maimpis, Sindalan, Malpitic, Calulut, Baliti,

Panipuan and Pulung Bulu96 132 228

Angeles

15January

2020,2:30 PM

Landowners and business owners fromthe Angeles City 128 163 291

Source: DOTr, GCR

Table 7-87 Issues and Concerns Raised During the Second Stakeholder ConsultationMeeting (SCM) in the LGUs

Major Opinions/Concerns Reflection/Countermeasures

Alignment and Dimension of the Project Right-of-Way

Where is the final alignment and the easement provided for the Project Right-of-Way located?

DOTr will provide a location map for the APsshowing their affected property attached to theNotice of Taking (NoT). The Project ROW can

be identified based on the ground markings.

Is the project going to utilize the PNR Right-of-Way?

The project will maximize the existing PNRROW, however, some areas may be needing to

acquire private lands depending on the technicaland safety requirements. All the affected lands

will be compensated by DOTr once validated

Agreements between DOTr and Landowners

What are the processes involved in easement agreements of the Project ROW?

Easement agreement is only applicable toproperties that will be impacted minimally

What is an Agreement to Demolish or Remove Improvements or ADRI?

The ADRI is given once the AP is compensated.The ADRI contains a date agreed upon by theAP and DOTr indicating when the property will

be vacated for clearing.

Affected Properties

Why are structures tagged with stickers despite being located a few meters away from the Project ROW?

DOTr will pay for the affected portions of thestructure after validating its structural integrity

Are structures undeclared to the Assessor’s Office included?

It was suggested that APs should declare theirproperties and pay dues taxes to establish Proof

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of Ownership

Are properties located near the hotel areas included?

There are ground markings for the PR ROW andsticker tags for the project-affected structures

(PAS)

Who is responsible for the demolition of perimeter walls?

Part of the contractor’s work is to fence theProject ROW.

APs can salvage materials from their propertiesonce they have been paid and they also have an

option to rebuild their property wall.

Will DOTr provided alternative access for landlocked properties?

DOTr needs to verify with the design in order toprovide alternative access to landlocked

properties

Are property owners allowed to develop part of their lands unaffected by the project?

APs can develop their remaining properties ifvalidated as no longer affected by the project

Timeline of the Project

What is the timeline of the issuance of Notice of Taking?

DOTr intends to send the NoT on March 2020.

When is the deadline for the submission of legal documents?

There is no deadline for the submission until theissuance of the Offer to Buy (OTB) letter which

would require submission within thirty (30) days.

Ownership, Titles and other legal documents

Will the property owners be able to get their titles back after submitting and subsequent processing of subdividing titles by DOTr?

Processing of the titles will take time. DOTr willmake an agreement with the Registry of Deeds

to prioritize those affected by the project.JICA and ADB will be monitoring the project.

Will DOTr be able to assist APs whose lands need to be subdivided since the titles are still under deceased landowner?

The DOTr Help Desk will assist APs to processextra judicial settlements (EJS).

APs are concerned that they are not able to submit the necessary documents in time because of the slow pace of transactions for the Certified True Copy (CTC) of titles.

DOTr will make a request to the Registry ifDeeds to prioritize the processing of documents

of those affected by the projectAPs can seek assistance from the DOTr Help

Desk to ensure the efficient preparation ofnecessary documents

Is a Deed of Donation enough as proof of ownership?

No. A deed of donation is not a proof ofownership. They need to process it first for them

to be the legal ownersAPs with only the Deed of Sale as proof ofownership must proceed to the Registry of

Deeds for the transfer of ownership

Will properties loaned through PAG-IBIG APs should submit all documents showing proof

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housing and not yet fully paid be compensated?

of ownership. DOTr will assess the value of theproperty and deduct the remaining payment

from their compensation

How will property previous and current owners residing abroad be able to transact with the government for the project?

A Special Power of Attorney should be securedfor the representatives of property owners toprocess the papers and documents needed.

Will the property owners be able to get their titles back after submitting and subsequent processing of subdividing titles by DOTr?

Processing of the titles will take time. DOTr willmake an agreement with the Registry of Deeds

to prioritize those affected by the project.JICA and ADB will be monitoring the project.

Entitlements, Compensation and Payments

What are the modes of payment and when will the property owners be compensated?

The payment will be in cheque. There is anassurance that no construction will begin if APs

are not fully paid

What is current market value?The current market value is generic for a certain

locality and it depends on the lot shape,location, improvement etc.

What is replacement cost?

The replacement cost of the structure will be thecost to build a similar structure with based on

current market prices of materials (withoutdepreciation) and labor cost. The aim is for APs

to build a new structure similar or even betterthan their previous property

Does the Bureau of Internal Revenue (BIR) determine the current market value?

The current market value will be determined byan independent property appraiser (IPA).

Are housing entitlements given to all APs?

Legal structure owners will be paid for theirstructures based on replacement cost method.

DOTr will assist APs in looking for housingoptions

There will be no free housing given for APs.

Why are legal APs not qualified for socialized housing?

The Republic Act (RA) 7279, An Act to Providefor a Comprehensive and Continuing Urban

Development and Housing Program, states thatthe disqualification of APs who have their own

land. The legal APs will be offered economiclow-cost housing which they are eligible.

Is there compensation for affected businesses?

The assessment for the business will beavailable at the Local Urban Poor Affairs and

Housing Office (LUPAHO) of their city hall

Is there compensation for dike improvements?

DOTr will compensate every affected structurebased on replacement cost method

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How much is the compensation for fishponds (amount per square meters)?

There is an initial assessment conducted but stillsubject for confirmation by the Landbank of the

Philippines

Is there compensation for ornamental plants and landscaping?

Businesses will be compensated once validated,subject to the losses being validated.

APs Occupying Government Lands

What will happen to cases where PNR issued “Right to Use” to old employees – allowing them to occupy PNR properties?

The PNR lot cannot be sold or applied forownership

A memo from PNR General Manager wasissued, stating that no “Rights to Use” (PNR

land) have been issued, only lease contracts.The houses in PNR ROW may have been due

to expired lease contracts and these existingstructures in PNR ROW cannot be removed

except by the PNRSource: DOTr-GCR

F. Focus Group Discussions (FGDs) with Vulnerable Groups.

346. The FGD sessions were conducted to determine the major concerns of the vulnerablesector on the resettlement program of the MCRP. The participants indicated high level ofawareness about the Project. They articulated their insights and points of view on how thegovernment could make the resettlement program be more responsive to their needs. Eightparticipants were gathered in two separate FGD sessions with two males and 6 females asshown in Table 7 -88 below. The results of the FGDs assisted the project in the refining ofongoing communication messages and confirm appropriate mitigation measures.

Table 7-88: Summary of Focus Group Discussion with Vulnerable Groups the LGUs.

City /Municipality

Date

FGD Participants

TotalBelow

PovertyThreshol

d

SoloParent

ElderlyW/ PWD

HHMember

OthersNA/

NR

Malolos 13 Feb 2019 1 0 2 0 2 7 12Calumpit 27 Feb 2019 2 0 7 0 2 5 16Apalit 15 Feb 2019 2 0 2 1 2 1 8Sto. Tomas 25 Jan 2019 2 0 3 0 2 9 16Minalin 25 Jan 2019 2 0 1 1 1 5 10San Fernando 14 Feb 2019 2 1 4 1 3 5 16Angeles City 14 Feb 2019 1 1 8 0 1 2 13Total 12 2 27 3 13 34 91Note: “Others” – pregnant, with toddler/baby or with sick/ill household member, at the time of survey; “NA/NR” (Not Applicable and No Response) – representative from LGU, vulnerability cannot be

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City /Municipality

Date

FGD Participants

TotalBelow

PovertyThreshol

d

SoloParent

ElderlyW/ PWD

HHMember

OthersNA/

NR

determined.Source: JICA Design Team

Table 7-89: Result of Focus Group Discussion with Vulnerable Groups in the LGUs

FGD Question Response from Participants

What do you know aboutthe Malolos-ClarkRailway Project?

We are aware that the railway project will greatly affect theirlivelihood activities particularly the business establishments,

houses, trees and utility connections.We know about the previous plan of building the railway in themiddle of the NLEX ROW. We also know that the project went

back to its original plan of using the PNR ROW instead. We are expecting that the project implementation will start on May

2019.We are aware of the project and its details; including

municipalities and cities covered, the alignment and the projectdesign. We are also aware of the additional stickers for tagging.

We were informed about these during a prior meetingIn Malolos, we were aware of the project, but it did not raise any

concerns because similar projects from the previousadministration were discontinued despite the foundations and

posts already built.We believed that the old railway project was the same with the

new one.Most of the respondents who attended the SCMs informed theaffected lot and structure owners on the project objectives and

impact. We understood that there is compensation of losses and

damages incurred because of the project.We were told that the project will be implemented in May, but

several personnel measuring their houses relayed that the projectwould start in August instead.

We were not fully aware of the fund source and the implementingagency.

We are aware that the location of our livelihoods will be affectedby the project.

What do you know aboutthe resettlement program

of the government?

We are concerned about the compensation package. Particularly,about: (a) the computation of the payment including the labor cost

of structure, future income of APs and cost per square meter ofthe property, (b) the difference between the payment cost of

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structure and lot, (c) the processing of the land title of theadjusted lot, (d) the amount of demolition cost and who will

shoulder the said cost, and (e) possible relocation site of ISFs.We are concerned about the start of implementation because the

children will be transferred to another school.We need more information about the project especially on the

entitlements.We were informed about the provision of relocation which will beprovided by NHA. However, no further details were shared to us

during discussions. We read about the project on the internet and we knew about the

funding of ADB and JICA. However, the details we found werelimited.

We want to know more about the details and implementationplans of the project.

We are aware that the affected families will be compensated. We know some information about the project, but we are still

lacking in the details, particularly on the type of assistance thatwe will receive.

What are the things youlike and do not like about

the resettlement program?Why?

We are apprehensive about the stories we heard of APs onlyreceiving partial payments (e.g. an owner in Malolos that only

received half of the total cost of the property).We request that the electricity and other basic utilities should be

available and functional before they are transferred.The compensation package and computation of the resettlement

program is not yet clear to the respondents. We would like to know more about compensation procedures.

We fear that we will not be given appropriate assistance becauseof the information we received from past relocatees of similar

projects.

Considering yourresponses about the

resettlement program, howdo you think the

government can make theresettlement program bemore responsive to your

needs?

We request that APs with affected businesses or livelihoodsshould also be compensated or be provided with assistance.

We request that the payment should be released on time and infull so that the APs will not be affected by the increase in the

prices of construction materials.We request for relocation assistance for PWDs, persons with

physical illnesses and senior citizens.We request for financial assistance to start a business and help

their livelihood.We suggest the provision of ramps for the senior citizens and for

the PWDs that are using wheelchairs. We want to know the details of the final alignment to assess if we

will be affected by the project or not.We are concerned about the transfer of the senior citizen pension

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from DSWD if we are relocated in another municipality.We request that the government must consider the health of the

locals residing near the train station, especially the senior citizensand infants, by providing health protection measures during the

construction and operation of the project. We request for the construction of a wall surrounding the train

station for noise reduction and safety and privacy of the residents.We request that the station is accessible to the elderly and

PWDs. There should be a functioning elevator and special seatsfor vulnerable individuals (e.g. senior citizens, PWDs and

Pregnant women.) We also ask to prioritize members of the AHs as laborers for the

project. Source: JICA Design Team

G. Focus Group Discussion (FGD) with the Business Sector

347. The FGD participants for livelihood restoration were selected through voluntary samplingbecause (1) randomly selected APs did not attend previous FGDs for livelihood, (2) APs whovolunteered to participate in FGDs are usually those whose livelihood will most likely beaffected, which explains their interest in the discussion. The Outline of the FGDs is shown inTable 14 11 and the results are summarized in Table 14 12.

Table 7-90: Summary of Focus Group Discussion with the Business Sector

City/Municipalit

yDate Location

Participants

MaleFemal

eTota

l

Malolos 13 November2018 Longos Covered Court, Malolos 2 10 12

Calumpit 20 November2018 Municipal Hall Covered Court, Calumpit 4 4 8

Apalit 14 November2018 San Vicente Covered Court, Apalit 6 7 13

Minalin 25 January 2019 Lourdes Brgy. Hall, Minalin 3 7 10Sto. Tomas 25 January 2019 Santo Tomas Municipal Hall 13 31 44San Fernando

08 November2018 Maimpis Covered Court, San Fernando 9 7 16

Angeles

15 November2018 Legislative Hall, Angeles City Hall 17 23 40

16 November2018 Malabanias Covered Court, Angeles 10 20 30


348. This FGD was intended for the affected enterprises that operate in the project area toarticulate their views and insights. FGD participants expressed their concerns on alternativelivelihood and employment. Findings from the FGD sessions showed the APs understood theimportance of the Project. They are expecting to receive timely compensation and assistance to

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help them immediately recover from loses due to business closure. The Summary of the FGDresults is summarized in Table 7 -91 below.

Table 7-91: Result of Focus Group Discussion with the Business Sector

FGD Question Responses from the Participants

What are your concerns regarding the project?

We are concerned about Project details and timetableWe are concerned about the effect of the project to

work, business operations and livelihoodsWe are concerned about the appraisal and

compensation proceduresWe request possible realignment of the project to

lessen the impact on the affected communities. Wesuggest to realign the project on government

properties.We are concerned about taxation

We are concerned about the transfer of children toanother school

We are concerned about the welfare of vulnerablesectors such as senior citizens

We are concerned about social adjustments in the newneighborhood

We request measures to protect APs from agediscrimination and bridge skills requirement

discrepancies in employmentWe request impartiality of government proceedings like

processing of documents and provision of assistance.We request assurance to continued privileges like 4Ps

and solo parent enlistment

What are your expectations relatedto livelihood and employment after relocation?

We request the APs to be prioritized in employmentslate (with preference to regularized employment)

We request for job referrals to nearby establishments orenhanced in-city mobility for employed APs

We request for our children to be absorbed as regularemployees in the vicinity.

We request existence of nearby or adjacentemployment

We request livelihood assistance for senior citizens andsolo parents

The vulnerable sectors prefer provision of livelihoodopportunities rather than employment

We request for job fairs to be conducted for interestedAPs

We are concerned over the stability and loss of theirbusinesses

What do you think are the roles ofthe government to help APs It should reconsider the project alignment

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restore affected livelihood?

It should Ensure accessibility of project informationIt should facilitate the implementation of livelihood skillstraining (e.g. sari-sari store operation, food processing,

baking, handicraft-related courses, machinery andheavy equipment utilization).

It should assist in putting up micro-businesses likestores, eateries and electronics repair shops.

It should facilitate disbursement of propercompensation to APs for the reestablishment of

businessesIt should expedite resettlement processes especially in

releasing compensationsIt should establish helpdesks to address clarifications,

inquiries and concerns about the projects, livelihoodand other matters.

It should provide start-up capital for the reestablishmentof businesses

It should provide marketplace venueIt should provide financial capital for the indigents

It should provide financial assistance and elimination ofrigorous bureaucracy in acquiring documents.

What are the roles of private sector that the government can tapto help APs restore their affected livelihood?

They should coordinate with the government to join ororganize employment or job fairs for APs.

They should provide soft loans to APs interested inbusiness ventures

They should aid micro and small businessesThey should offer employment opportunities and

special considerations for older workers and PWDsThey should donate seedlings feasible for farming

They should provide scholarships to childrenThey should offer medical assistance to APsThey should provide auxiliary security in the

resettlement areaThey should promote and provide free ALS and TESDA

courses by private schoolsThey should assist the formation of community day

cares by private foundations They should build cell sites in the resettlement are to

increase accessibility

What do you know about cooperatives and what are your thoughts on forming a cooperative?

We see cooperatives as organizations where they cansave, invest and earn capital for their businesses.

We request the joint effort of the private and publicsector to promote local products

We are interested in joining cooperatives, but they are

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still unfamiliar about its functions and benefits.We suggest to expand an existing cooperative rather

than form a new one.We are looking forward to seminars about organizing a

cooperative and financial literacySource: JICA Design Team

H. Consultation and Participation Mechanism Undertaken During Project ImplementationPhase

349. The following activities are being carried out for Resettlement, LRIP, Civil Works, andMonitoring and Evaluation as part of the project implementation and as measures to guaranteethat information disclosure would be sufficient.

a. Issuance of Notice of Taking

350. As explained in Chapter 6, DOTr will issue a NoT to land owners to inform them officiallythat their property is affected and that the cut-off date (for land owner) has been set

b. Consultation at Help Desk

351. Aside from providing a venue to raise and discuss grievances, the Help Desk will alsoserve as a permanent venue for APs to get information and be updated on the status ofresettlement and project implementation in general. The DOTr also has a central hotline toreceive concerns of APs, as explained in detail in Chapter 9.

c. Round Table Discussions on Extra Judicial Settlement (EJS)

352. To minimize expropriation cases, DOTr will conduct regular discussion with APs aboutExtra Judicial Settlement (EJS), to explain in detail the step-by-step process that the APs haveto go through

d. Consultation for Livelihood Restoration and Improvement Program

353. DOTr will conduct consultation on Livelihood Restoration Program with all affected APs.This will also serve as a venue to know implementation gaps and common issues encounteredby APs in restoring their affected livelihoods and businesses.

e. Consultation for Civil Works

354. The DOTr will conduct consultations with regard to concerns of APs about civil works.

f. Stakeholder Consultation Meetings for Monitoring and Evaluation 355. Stakeholder consultations in each LGU will be conducted every year from thecommencement of civil works to monitor any RAP issues that can arise during theimplementation stage.

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g. Consultation and Participation Mechanism for Post-Project ImplementationStage

356. Stakeholder Consultation. Stakeholder consultations in the LGUs will be conductedthree years after relocation to assess the impact of the relocation site to the host community.

357. Focus Group Discussion. Focus group discussions with APs will be conducted at therelocation site three years after relocation to assess the impact of displacement on APs.

358. Information Disclosure. At each stage of the Project, the DOTr will disclose informationconcerning the Project through the distribution of materials, online disclosure of projectinformation, and media release/press briefing.

359. Production and Distribution of Printed Material and Other Materials. The DOTrprepared a Public Information Brochures (PIB) in English and Tagalog, leaflets, GRM flyers, andhandout materials to inform APs about the LRIP and resettlement activities as well as any othermaterials when necessary. The samples of project posters, PIB, and GRM flyers are attached inAppendix 9. The materials prepared by the DOTr both in English and Tagalog and distributed toAPs are summarized in Table 7 -92.

Table 7-92: Materials Distributed to APsPhase Materials being DistributedDetailed Design Project Information Brochure (PIB)

Project poster Flyers promoting GRM (two types) Help Desk tarps (4 types) Standard DOTr presentation material (audio-visual production) Available livelihood and employment opportunities (i.e., train

operation), skills required, and schedule of skills training/hiring Information on the process of resettlement.

ProjectImplementation

Available livelihood and employment opportunities (i.e., trainoperation), skills required, and schedule of skills training/hiring

GRM flyers designed to inform APs of where to go or who tocontact for their grievances and complaints.

Post-ProjectImplementation

Available livelihood and employment opportunities (i.e., trainoperation), skills required, and schedule of skills training/hiring

GRM flyers designed to inform APs of where to go or who tocontact for their grievances and complaints.


h. Online Disclosure of Project Information

360. The DOTr is using the Project’s public relations platforms to post RAP-relatedinformation and target a wide range of audience by utilizing social media. Photographs, videos,and stories regarding the Project are posted on the Project’s Facebook and Twitter accountsset-up in February 2019. The social media platforms serve as a venue that allows informationdissemination and interactive engagement with the audience. The details of the Project’s socialmedia accounts are shown in Table 7 -93.

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Table 7-93 Social Media Accounts for the Project

Media Name Account Name Logo

Facebook North-South Commuter Railway Project

Twitter Overheard sa Biyahe


i. Media Release/Press Briefing

361. From time to time, the DOTr produces and distributes media releases and pressbriefings every project milestone such as the project launch. DOTr plans to make another oneduring the commencement of civil works to inform a wide range of audience of the news.

I. COVID-19 Health and Safety Measures for Physical Consultations

362. During the COVID-19 enhanced and general community quarantine period prevailingfrom March to June 202054, 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 intoconsideration the movement restrictions and the maximum number of people who are allowedto gather in one place under GoP regulations.

363. A general approach to prevent the transmission of COVID-19 shall be adopted by theproject. This is to plan the methodology and protocol for conducting public consultations andground surveys, wherein contact with people is to be avoided as much as possible. However,when this is not feasible, this general approach, as described below, will be adopted.

54 From 17 March to 13 April 200, the National Capital Region (NCR) and some parts of Luzon where the project areais located are placed under Enhanced Community Quarantine (ECQ); From April to 15 May 2020, Extension of ECQin NCR and some parts of Luzon where the project are is located; 12 May 2020, NCR, Laguna Province and Cebuare announced to be placed under Modified ECQ from 15 to 31 May 2020; 1 June 2020 onwards, NCR is placedunder GCQ.

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Table 7-94: General Health and Safety Approach

No. Step Description Measures

1 Prevent Action to prevent any foreseenrisk to spread and transmit thevirus prior to activities

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.

2 Protect

Action to adopt to protect APsand Staff from the potentialinfection from the virus duringactivity.

Minimize the number of staff to havecontact with APs 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).

3 React Action required if encounteringpeople infected or potentiallyinfected

If APs show symptoms, send home orcancel the ground survey

Staff to disinfect hands and equipmentafter the encounter.

Follow the GoP protocol in case ofinfection

Source: DOTr’s COVID-19 Health and Safety Protocols

364. The required protective approaches for staff and participants are indicated in the tablebelow.

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Table 7-95: Required Protective Approaches for Staff and Participants

Approachphase

Health CheckPPE

Disinfection Social Distance

Staff

Protect Conduct rapidantibody test

ProcurePPE

Procure disinfectionmaterial

Provide training onsocial distance

Prevent Check temperatureand health conditionbefore the activities

ProvideenoughPPE foractivity

Disinfect hands andPPE before and afterthe activity

Maintain 1-2msocial distance

React Monitor for anysymptoms

―

Disinfect hands andPPE if encounteringpotentially infectedAPs

If staff showsymptoms, self-quarantine

Participants

Protect Provide information onsymptoms of COVID-19, and explain to APs

Procuremasks to begiven toAPs

Venue andequipment areproperly disinfected

APs havingsymptoms are notallowed to attendactivities

Prevent Check temperatureand health conditionbefore activity

Providemask

Disinfect handsbefore and afteractivity

Maintain 1-2msocial distance

React

If assessed to presenta health risk, APs willbe denied to attendactivities

― ― If APs showsymptoms, self-quarantine


365. 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 8.

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Table 7-96: Project COVID-19 Measures to Physical Public Consultations and GroundSurveys

Activities Project COVID-19 Measures Public Consultations Face-to-face consultations:

For small venues like conference rooms/classroom-type room, amaximum 10 participants per room will be allowed per session. Largervenues such as basketball court is preferred for a larger number ofparticipants (maximum of 50). A 1-2 meters distancing will be maintainedfor the sitting arrangement and queueing during registration. A handoutthat contains consultation protocols will be provided to the participantsupon registration. The DOTr staff and other agencies who will participate in the face-to-faceconsultations will be required to undergo a rapid antibody testing forCOVID-19. They will be provided with PPEs (e.g., facemask) and alcohol/sanitizers and will be oriented on social distancing protocols. During theactual consultation, the health condition of staff will also be checked.

The SCM/IEC participants will be oriented with COVID-19 precautionsduring the consultation. Their temperature and health condition will bechecked before entering the venue and will be provide with masks andsanitizers/alcohol and facemasks. APs who may exhibit COVID-19symptoms will not be allowed to enter the venue and endorsed to properhealth authorities.

Online consultations:

Online meetings will utilize recorded videos for presentation, Q&A sessionwill be done through live streaming of DOTr, and other agencies involved.

Ground Surveys Ground staff/surveyors will undergo orientation of the protocols to beobserved during the activity including proper physical distancingmeasures. Staff will be provided with PPEs (e.g., facemask and faceshield) and disinfection kits. The health condition of the staff will also bechecked prior to conducting the survey.

The project-affected people will be contacted prior to inform and obtainapproval to conduct the survey. Physical distancing will be observedduring the interviews and physical contact will be avoided. Interviews willbe conducted outside the structure, or avoidance of enclosed areas will beobserved.

Options for surveys:

Should there be a need to conduct surveys, online and phone surveys willbecome optional aside from the usual on-site face-to-face interviews. Theproject-affected people will be asked on their preferred option dependingon their capacity (i.e., mobile access, access to internet, owns acomputer). For the on-site interviews, it is preferred to be conducted inone venue (within the 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 larger population of APs.Additional surveys may be initiated when it has become safe to do so.

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J. Disclosure of RAP Documents

366. Key information set out in the RAP has been disclosed to APs through publicconsultation meetings and the Public Information Brochure. This included information about theproject, project impacts, mitigation measures, relocation and livelihood restoration as well asGRM, and implementation arrangements.

367. The following documents have been disclosed on JICA and ADB websites uponcompletion of the FS. As described in Table 7 -97 below, the following documents are availableat JICA and ADB websites through the links provided.

Table 7-97: List of Disclosed Documents Upon Completion of FS

Agency Disclosed DocumentDisclosedDate

URL

JICA Draft RAP (MainVolume)

11 October2018

https://www.jica.go.jp/english/our_work/social_environmental/id/asia/southeast/philippines/c8h0vm0000bk9u1j-att/c8h0vm0000dhvs13.pdf

ADB

Draft RAP (MainVolume)

October 2018https://www.adb.org/projects/documents/phi-52083-001-rp-0

CombinedResettlement andIndigenousPeoples PlanningFrameworks

October 2018https://www.adb.org/projects/documents/phi-52083-001-remdf

368. The Final DED RAP and other required documents on resettlement planning,assessment and monitoring will be also disclosed starting April 2020. Future documents fordisclosure are listed in Table 7 -98 below.

Table 7-98: Documents to be DisclosedAgencyResponsible forDisclosure

Documents to be Disclosed

DOTr

Final DED RAP endorsed by the DOTr and concurred by JICA andADB;

Corrective action plans prepared during project implementation (ifany);

Any resettlement-related due diligence reports; and RAP implementation Monitoring Reports.

JICA Final DED RAP endorsed by the DOTr and concurred by JICA andADB and Monitoring Reports.

ADB Final DED RAP endorsed by the DOTr and concurred by JICA andADB and Monitoring Reports.

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8. CHAPTER 8: LIVELIHOOD RESTORATION AND IMPROVEMENT PLAN

369. This chapter outlines the various measures that the DOTr will carry out in order tomitigate the impacts on income and livelihood of the APs. This chapter also discussesmeasures that the DOTr in cooperation with LGUs and appropriate national governmentagencies’ collaboration efforts to ensure that a comprehensive livelihood restoration and supportmeasures are suitable to the requirements of AHs and APs.

A. Objectives of the LRIP

370. The objective of this LRIP is to assist APs/AHs whose livelihoods are adversely affecteddirectly by the project to restore, or improve, their income generating capacity to at least pre-project levels. Households experiencing loss of productive resources or loss of employment asa result of the project-related displacement may face challenges in restoring their livelihood,income generating capacity and living standards. Furthermore, for vulnerable households, is anopportunity improving living standards through the provision of targeted support. It is importantto note that this LRIP will only be applicable to people of the working age 18 years and above.

371. The livelihoods of the APs are expected to be affected in various ways. Some APs areexpected to be able to restore their livelihoods after a temporary period of disruption oralternatively be able to re-establish their livelihoods utilizing compensation and assistanceprovided in the entitlement matrix with minimal assistance under the LRIP. Those APs earning aliving from or employed by businesses or enterprises that are outside the project-affected areasare not expected to face impacts on their livelihoods.

372. Vulnerable APs including the poor, household headed elderly, solo parent and female-headed households and Persons with Disabilities (PWD), will be assisted through the LRIPlivelihood opportunities

B. Categories of APs with Affected Livelihoods and Types of Livelihood Assistance

373. APs whose livelihoods will be affected by the Project include 193 Resident LandowningHousehold members engaged in home-based enterprises, 619 businesses and establishmentsincluding their 2,538 reported employees. In addition, the LRIP will seek to improve thelivelihoods of the 274 vulnerable households.

C. Methodology for Developing the LRIP

374. The baseline profile of APs was gathered through the conduct of Detailed MeasurementSurvey (DMS), Census, Socio-Survey (SES) and Focus Group Discussions (FGD) in the LGUs.The Training Needs Assessment (TNA) and Key Informant Interviews (KIIs) were alsoconducted, along with Livelihood coordination meetings with LGUs. LGU-led consultationmeetings with the APs were undertaken to ensure participation of APs in the LRIP.

a. Livelihood Surveys

374. The first and main round of SES was conducted during the FS Phase, between Marchand July 2018. A second round of SES was conducted during the DD Phase, only for APsaffected by a change in the Project Right-of-Way (PROW), between November 2018 and May2019. For the affected households, this involved a specific survey on livelihood and living

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conditions. A separate survey was undertaken with affected business owners, whereininformation on the nature of the business, employees, income, project perception andpreferences for income restoration were gathered. In addition to this survey, another survey wasconducted specifically for land-based business owners (agriculture/aquaculture operators),which involved profiling of the affected land-based activities (i.e., produce growers).

375. For this RAP, the result of DMS was used as the basis in estimating the severity ofimpact to livelihood of APs. For example, the business of AP whose structure is marginallyaffected is classified under marginally affected business. Similarly, land-based livelihood of APwhose land is marginally affected is classified under marginally affected farm owner/operator.Final determination of severity and corresponding compensation will be determined during theimplementation of this RAP when all documentary requirements are submitted and appraisal isconducted by an independent property appraiser.

b. Focus Group Discussions

376. FGDs with vulnerable groups, and business owners and wage-based APs wereconducted in each LGU in 2019. FGDs with vulnerable groups were conducted in Malolos,Calumpit, Apalit, Sto. Tomas, Minalin, San Fernando, and Angeles City between January andFebruary 2019. The FGDs with business owners were conducted between November 2018 andJanuary 2019. Discussions were directed around major project concerns, expectations onemployment and livelihood upon displacement and expectation of the government’s role inimplementation of employment and livelihood support. The following is the summary of majorpoints raised in the FGD: (i) APs with affected businesses or livelihoods should be compensatedor provided with financial assistance to start a business; (ii) priority be given to members of theAHs as laborers for the project; (iii) request for job referrals to nearby establishments orenhanced in-city mobility for employed APs; and (iv) livelihood assistance for senior citizens andsolo parents.

c. Training Needs Assessment (TNA)

377. Training Needs Assessment (TNA) of affected households was conducted afterStakeholder Consultation Meetings (SCMs) between November 8 and 20, 2018. A total of 142APs (67 males and 75 females) were covered in the TNA. Formal registration of AP’s trainingpreferences will take place at the commencement of LRIP implementation, which will beobtained during the LRIP introduction workshop. Table 8 -99 describes the identified trainingneeds and skills needed as identified by the APs and their families.

Table 8-99: Identified Skills Needed based on the TNA

AreaManufacturingSector

Construction Sector

ICT-BPMSector

Health &CommunityDevelopment Services

LogisticsTourism andHotelManagement

TransportationSector

AngelesCity

AutomotiveMechanic

CAD/CAMOperator

DeburringTechnician

Driver Dressmaker Food

AutoCADOperator

Carpenter Constructi

on Painter Driver Masons Welder

AnimatorsVideo

Bookkeeper Call Center

Agents Computer

SystemsServicePersonnel/Technician

Caregiver Nursing

Assistant

Air-conditionmechanic

Chef/Cook Housekeeping

Service Worker Waiter

JeepneyDriver

TricycleDriver

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AreaManufacturingSector

Construction Sector

ICT-BPMSector

Health &CommunityDevelopment Services

LogisticsTourism andHotelManagement

TransportationSector

Processor Machine

Mechanic Motorcycle

Technician

Graphic/Video Artists

MarketingTelemarketer

SanFernandoCity

AutomotiveMechanic

Driver Electronics

EquipmentAssembler

Technician

Welder Electrician

BeautyCare

Chef/cook

PampangaProvince

Motorcycleoperator

Painter NursingAssistant

Aircraftmechanic

MalolosCity

Carpenter Dressmaker Food

Processor

Bookkeeper

BeautyCare

MassageTherapist

NursingAssistant

HousekeepingService Worker

BulacanProvince

Automotive Dressmaker Food

Processor Weaver

Baker Chef/cook Waiter

GrabDriver

JeepneyDriver

d. Rapid Labor Market Assessment

378. A rapid labor market assessment (LMA) was conducted in the Provinces of Pampangaand Bulacan to get baseline data on the labor market situation. The survey results wereanalyzed against potential benefit on the employment of affected persons. The information wasused to establish potential opportunities that can be offered to AHs particularly in construction-related work.

e. Key Informant Interviews

379. KIIs were held with LGUs of Malolos, Calumpit, Apalit, Minalin, Sto. Tomas, SanFernando and Angeles. Specifically, representatives of the City/Municipal Social Welfare andDevelopment Office (CSWDO/MSWDO), City/Municipal Agriculture Office (CAO/MAO), andPublic Employment Service Office (PESO) were consulted. These consultations gatheredinformation on available training programs and livelihood support for those affected in theirrespective jurisdictions

D. Livelihood Rehabilitation Measures

380. APs whose income sources are affected by the project are entitled to various forms ofcompensation and assistance to enable them to re-establish their livelihoods. For certaincategories of livelihood impacts that may require more concerted interventions to restore orimprove livelihoods, additional assistance is provided under the Livelihood Restoration and

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Improvement Program (LRIP). Please refer to Table 8.1 for an outline of these additional LRIPactivities for qualifying categories of APs.

381. A summary of the categories of affected livelihoods, along with correspondingentitlements as per the project entitlement matrix, are presented in the table below.

Table 8-100: Summary of Categories of APs, Proposed Livelihood RehabilitationMeasures and Recommended Livelihood Assistance

Category of AP Number of APsSummary of Key

Entitlements

AdditionalLRIP Support

Provided

Affected micro-businesses

256 severely affectedmicro-businesses

140 marginally affectedmicro-businesses

Cash compensation forincome losses and

transactional cost forreestablishment.

Assistance in securing softloan to restart business.

Participation in LRIP.Rental assistance (3

months) if affectedpremises is leased (rentinga business establishment).

Yes

Affected small, mediumand large businesses

and establishments

9 marginally affected(SML) businesses

26 severely affected(SML) businesses

4 marginally affectedinstitutional

establishments10 severely affected

establishments. Total:14

Cash compensation forincome losses and

transactional cost forreestablishment.

Assistance in applying forsoft loan to enable self-rehabilitation for those

restarting business.Rental assistance (3

months) if affectedpremises is leased.

NA

Employees potentiallylosing employment from

affected business.

2,538 employees

Cash compensation for netsalary of four (4) months for

minimum wage earnersand two (2) months actual

salary for those earningabove minimum wage.

Participation in LRIP(including training and

priority employment forproject-related

employment)

Yes

Agricultural tenants andsharecroppers. 5 farmers Financial assistance

equivalent to theYes

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Category of AP Number of APsSummary of Key

Entitlements

AdditionalLRIP Support

Provided

average grossharvest for the last

three years and notless than P 15,000

per hectare (EO1035).

Participation in LRIP.

Landowners directlyengaged in farming

(agriculture).

16 marginally affected

3 severely affected

Fair market value ofaffected land.A disturbance

compensation (equivalentto five times the average

annual gross harvest) Participation in LRIP.

Yes

Vulnerable: HH belowpoverty threshold, poor,

elderly55, and sole-parent headed

households withdependents, and PWDs.

274 households

Participation in LRIP(including skill training and

other developmentactivities)

Yes

Note: The table is a summary only of applicable livelihood entitlements for APs in this RAP. Details ofdescription of entitled categories of APs and entitlements are presented in the entitlement matrix

(Chapter 6).

E. Description of Types of Livelihood Restoration and Improvement Activities

a. LRIP Introduction Workshop

382. The LRIP will commence with a workshop to introduce the program to eligible APs ineach municipality prior to displacement. The workshop will be conducted by DOTr withparticipation of the LGU PESO and service providers. It will provide information about thevarious programs, how the project will engage with APs on livelihood restoration andimprovement, introduce contact points in the LGUs and service providers, and give an initialopportunity for APs to register their interest in various activities and means of support.

b. Financial Management Training

383. Under the Immediate Livelihood Assistance, the financial management will be providedto APs. The training is aimed at raising their awareness of the importance of preserving theircapital and reinvesting prudently to restore their livelihoods and living standards. Financialadvice will help improve their capacities on money management matters, financial planning;investment options; training employment and business development.

384. The training will be attended by the household heads and their spouses to encourageequal participation of female in the decision making, particularly with regard to finances. The

55 Elderly living alone who are interested in remunerated work.

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training venue will be conducted in the barangay of the AP. The training will be delivered byPublic Employment Service Office (PESO) for APs and the DTI Center. The table belowprovides an overview of the topics to be covered in the training.

Table 8-101: Financial Management Training Outline

Topics Description

Financial planning ● Setting financial goals

● Organizing finances

Money/cashmanagement

● Spending plans

● Saving money

● Establishing credit

● Debt repayment

Investmentoptions

● Short-term investments

● Long-term investments

c. Assistance to Find Alternative Site to Continue Business/Farming Operations

385. The process to re-establish businesses will commence prior to displacement withassistance to identify and secure replacement business operating sites or replacement farmingland. The aim is for displaced micro-businesses, small businesses and farmers to re-commence their operations with minimal disruption to the APs’ income flow. The processes willbe different for the micro-businesses, small businesses and farmers due to the different natureof their displacement.

386. The LGU will assist the small businesses to identify permanent operating space forthem to buy or rent. For the APs losing land used for farming or aquaculture, the LGU willprovide assistance to identify alternative land to buy or lease using their compensation. Therewill be a consultation meeting with affected land-based income earners and displacedbusinesses soon after the introductory workshop to discuss possible and recommendedreplacement land or rental space within the respective municipalities. An ocular visit with APswill be organized to inspect the recommended areas whether suited for business or not. APswill be given the opportunity to select and identify suitable land for their businesses. Afterwards,the LGU will guide the APs on how to secure identified areas for business purposes. Theprocess flow and implementation step for securing replacement land or rental space to re-establish the businesses are shown below.

Table 8-102: Implementation Step for Replacement Land or Rental Space to Re-establishBusiness

No. Step / Action Description ResponsibleAgency

1 1st consultation meeting with Discuss possible and DOTr, LGU

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No. Step / Action Description ResponsibleAgency

affected land-based incomeearners and displaced businesses.

recommended replacementland or rental space withinthe city / municipality

2 Ocular visit to recommended areas Inspect the recommendedareas whether suited forbusiness or not

DOTr, LGU

3 2nd consultation meeting Select and identify suitableland for their businesses

DOTr, LGU

4 Guide APs on how to secure landfor business purposes

Allocate the dimension ofthe identified land for re-establishing theirbusinesses and publicfacilities/amenities

DOTr, LGU

d. Assistance to Secure Government Soft Loans

387. There are four types of soft loans for which APs can apply for livelihood purposesranging from Php5,000 to Php200,000.

388. Assistance to apply to soft loans will be provided to the APs through four differentprograms provided by Department of Trade and Industry (DTI), Department of Social Welfareand Development (DSWD) and Department of Agriculture (DA). The soft loan under Pondo saPagbabago at Pag-asenso (P3) are up to Php 200,000 and the Livelihood Seeding Program(LSP) amounts to P5,000 worth of goods, while DSWD provides Php 5,000 per beneficiary andDA provides Php 10,000 - 15,000 per beneficiary.

389. DOTr and the LGU will counsel APs on available loans and assist them to prepareapplications with a supporting letter from the LGU. The application process can commence priorto displacement so APs can take advantage of using the funds when they transition theiraffected enterprises/farms. Other APs may wish to apply for such loans upon completion ofvocational/entrepreneurial training or when they have a viable business plan. The loanprograms available are summarized in the table below.

Table 8-103: Loan Assistance

Programs Description Agencies

Pondo saPagbabago at Pag-asenso (P3)

● A micro-enterprise borrower may avail PhP5,000up to P200,000 depending on the size of thebusiness and the enterprise's ability to pay.

● For enterprises with at least one employee,beneficiary can borrow up to PhP200,000.

● The fund should be used for the enterprise's

DTI

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expansion and/or additional supplies of thebusiness or for self-rehabilitation.

● Provides affordable and cost-efficient micro loanswith 2.5% monthly interest.

Livelihood SeedingProgram

● PhP5,000 worth of goods sari-sari store, bigasan(rice store), rug making, etc. DTI

Loan AssistanceProgram for Smalland Mediumbusinesses

● Php 5,000 per beneficiary DSWD

Loan Assistance forFarmers

● Php 10,000 – 15,000 per farmer DA

e. Vocational/ Enterprise Training

390. There will be a wide variety of vocational training courses as well as severalentrepreneurial training short courses available to APs. The bulk of these are provided throughTechnical Education and Skills Development Authority (TESDA) with some programs also beingdelivered through other agencies such as Department of Trade and Industry (DTI). Thesetraining programs provide opportunities for APs to develop new vocational skills or furtherdevelop existing skills. The project will meet the course costs of APs eligible for LRIP assistanceup to Php15,000.56 APs undertaking vocational and entrepreneurial training will also beassisted with travel costs and a daily stipend. The available courses will be introduced to APsduring the LRIP introduction workshop by the training providers. PESOs of the respectivemunicipalities will be the ongoing point of contact for information on these programs.

391. The Technical Education and Skills Development Authority (TESDA) is under theDepartment of Labor and Employment (DOLE) and serves as the Philippines' technicalvocational education and training authority and operates through a network of training centersand partnerships with service providers. TESDA short courses typically involve a commitment of25-40 days (196-316 hours) of face-to-face training spread over two to six months. A pre-training assessment will be offered that involves career profiling and an evaluation of theapplicant’s ability to undertake the nominated course. The courses are delivered throughTESDA training centers, accredited partners, and in partnership with municipality PESOs. Anumber of courses are also provided through mobile programs. TESDA training centers in closeproximity to the project areas are in Calumpit and San Fernando. However, there are a numberof other TESDA training centers that are also in commuting distance. TESDA also regularlyprovides training programs within the respective project area municipalities in partnership withthe PESOs based on demand.

392. The table below lists sample available TESDA courses. Construction-related skills arein-demand in the labor market and are relevant to those interested in project-related workopportunities (see also section 8.5.2.6 below).

56 course costs for vocational training courses are invariably less than Php15,000.

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Table 8-104: List of Sample TESDA Courses

Construction Sector Courses

§ Blasting/Painting

§ Building Wiring Installation NC II

§ Carpentry NC II/III

§ Electrical Installation & Maintenance NC II

§ Lathe Machine Operation NC III

§ Machining Milling Operation NC II

§ Construction Painting NC II

§ Welding

o Flux Cored Arc Welding NC I/II

o Gas Metal Arc Welding NC I/II/III

o Gas Tungsten Arc Welding NC II

o Gas Welding NC I/II

o Welding and Fabrication Technology (Bundled Qualifications in ShieldedMetal Arc Welding (SMAW) NC I (268 hours), Shielded Metal Arc Welding(SMAW) NC II (268 hours), Gas Metal Arc Welding (GTAW) NC II (268hours)

o Shielded Metal Arc Welding (SMAW) NC I/II/III

§ Masonry NC I/II/III

§ Pipe Insulation

§ Pipefitting NC II

§ Plumbing NC I/II/III

§ Wood Working Machine Operation

§ Heavy Equipment Operation (dump truck, backhoe, crane, excavator, rigging, roadroller) NCII

§ Scaffold Erection NC II

Sample General Courses

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§ Cookery NCII

§ Bread & Pastry NC II

§ Food Processing NC II

§ Consumer Electronics Servicing NC II

§ Maintain and Repair Electronically-Controlled Domestic Appliances

§ Maintain and Repair Cellular Phones

§ Assembly/disassemble Electronic Products & System

§ Maintain and Repair Audio/Video Products & System

393. Entrepreneurial development programs are provided by DOLE, DTI, and DSWD toassist people to start micro-enterprises and small businesses or improve their skills in thoseareas. These programs are especially geared towards vulnerable people (below the povertyline, solo parent households and PWDs), but will also be extended to APs eligible for LRIPassistance. These are short courses typically run over several days. An overview of theseprograms is set out below.

Table 8-105: Entrepreneurial Training

Agency Type of Program Training and Development

DOLE DOLE Integrated LivelihoodProgram (DILP) orKabuhayan Program

Training on how to plan, set-up, start andoperate their livelihood undertaking i.e.,trainings on production skills,entrepreneurship, business management,productivity and business planning.

Continuing technical and business advisoryservices to ensure efficiency, productivity,and sustainability of the business/enterprise.

DTI The Negosyo CenterProgram (Republic Act No.10644 otherwise known asthe “Go Negosyo Act”)

Training on entrepreneurial development

Training on basic grant writing

DTI in Sto. Tomas providesseveral programs:

- How to start a business- Business planning- Taxation

DSWD /CSWD

Sustainable Livelihood Program

a. Micro-enterpriseDevelopment Track

Training on micro-enterprise development,skills enhancement, and networking andpartnership building

b. Employment FacilitationTrack

Technical skills training, occupationalguidance and counselling, and job referrals

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Agency Type of Program Training and Development

or placement

f. Provision of Starter Kits

394. As much as possible, the support provided within the LRIP program for starter kits willbe in-kind and in the form of supplies and material inputs necessary to undertake the vocationaltraining and start with livelihood activities. For example, starter kits for carpentry and electricalwire installation would include basic tools and equipment needed for that occupation. DTI andDOLE have programs providing starter kits that will be extended to APs eligible for LRIPassistance. Relevant starter kits will be provided to APs undertaking training by the project, ifnot by DTI, DOLE or the government agencies otherwise providing the related vocationaltraining.

g. Job Matching and Project-Related Employment Opportunities

395. Based on the outcomes of the SES survey and FGDs, there are a number of differentcategories of APs that may wish to avail of job matching and project-related employment. Forinstance, micro-business/enterprise-based earning APs saw employment opportunities as analternative to their lost enterprises. Additionally, there are a number of APs who are in theirworking age but are currently unemployed due to a lack of opportunities. Other APs stressedthat being directly impacted by the project, they should be given preferential treatment inavailing of job opportunities during construction and operations from the respectivemunicipalities.

396. The Public Service Employment Office (PESO) is an existing ongoing service providedby LGUs. The PESOs maintain a database of current employment opportunities and matchlocal job seekers based on their skill set. For the LRIP, the PESOs of the respective LGUs willmaintain a registry of APs seeking employment and will provide counselling, guidance on furthertraining as well as job referral against their database of job vacancies. The PESO database ofAP clients will enable project tracking of APs seeking employment.

397. Priority Placement in Railway Project Work. The project will generate opportunitiesfor work both during civil works to construct the project as well as during operation. Undernational law, public works projects are to ensure that at least 30% of skilled jobs and 50% ofunskilled jobs are filled by local hire.57 A list of the anticipated jobs to be created by the projectare listed below. Jobs that are in the skilled category require extensive training and likelyoutside the ability of APs to aspire to if they are not already working in that field. Jobs in thesemi-skilled category require training that could be provided over a number of months throughTESDA’s programs and equip APs to be able to apply for such work generated by the project.Jobs in the unskilled category would generally require suitable aptitude with training to beprovided on the job. See Table 8 -106 for project-related employment opportunities below.

Table 8-106: Anticipated Project-Related Employment OpportunitiesSkilled Semi-skilled Unskilled

57 Required under RA 6685. Department of Labor and Employment is responsible for monitoring compliance.

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ElectriciansPlumbersMasonsCarpentersEquipment OperatorBackhoeBulldozer

Transit mixerScaffoldersWeldersPaintersSteelmenTinsmithsAdmin Staff

CooksTraffic controllers/ aidsSecurity Guards

LaborersJanitors/utility menMessengersWarehousemen

398. The LGUs will provide referrals and endorsements of qualified APs for project-relatedwork and will provide guidance on application and hiring requirements including providing cashassistance to secure certificates and clearances for pre-employment requirements

h. Livelihood Assistance for Vulnerable APs

399. The overall project objectives include creating opportunities for vulnerable affectedpersons to improve their living standards. Project entitlements for vulnerable households includeparticipation in the LRIP, such as vocational skills and entrepreneurial training and job referralprogram especially geared to vulnerable people. Amongst the APs, there are two hundredseventy-four (274) households that fall within the project’s definition of vulnerability.

F. Implementation Arrangements

400. The implementation of this LRIP requires the successful coordination of the inputs of arange of technical specialists, from concerned national and local government agencies with theDOTr having overall responsibility for program implementation. DOTr as the IA has overallresponsibility to implement the LRIP in the RAP and ensuring that the LGU takes the lead in theimplementation of the LRIP in cooperation with the relevant national and provincial agencies.

401. The responsibility in making available the required additional resources and support toenhance capacities of other agencies and LGU to carry out the LRIP in its respective area willbe carried out by DOTr. Monitoring and evaluation of the program implementation will also beamong DOTr’s core responsibilities 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 8 -107.

Table 8-107: Summary of Roles and Responsibilities of Concerned AgenciesAgency Responsibilities

DOTr

Establish Masterlist of eligible APs for LRIP. Ensure sufficient and timely budget for LRIP implementation. Organize and conduct LRIP introductory workshop and subsequent

consultation meetings. Arrange 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 foravailing support; and agree on final packages of livelihood support guided bythe hierarchy of preference and informed by relocation site conditions.

Monitor program implementation and AP participation. Coordinate participation of government agencies in provision of training

services, including through formal agreements as required. Procure service providers for specialized courses.

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Agency Responsibilities Coordinate with the Contractor and the LGU. Issue certification to APs that they are eligible project-affected LRIP

beneficiaries. Share list of APs to LGU, TESDA and DOLE for verification of training

participants entitled to (1) training allowance and (2) income loss compensation(at the duration of training).

Endorse list of qualified and skilled APs to Contractors to be prioritized forhiring.

Monitor LRIP implementation and track AP participation. Review effectiveness of the LRIP program and modify the program as needed

to meet its stated objectives. Coordinate with the Private Companies and the LGU. All other necessary activities to implement the LRIP.

LGU/PESO

Assistance to find alternative site to continue business Maintain list of eligible APs interested in job referral and vocational/enterprise

training. Provide focal point to coordinate livelihood assistance. Together with DOTr, engage service provider agencies to locally deliver

training courses based on APs’ needs and demand. Inform the APs about training and job opportunities. Carryout skills/job matching. Provision of basic services

DOLE Provide Nego-Kart Livelihood Package thru PESO Monitor the implementation of Nego-Kart Livelihood Package thru PESO

DTI Provide start-up kits. Provide information and services in training, financing, and marketing. Provide soft loans for enterprise-based APs.

TESDA Provide trainers as per request from PESO and certificates for those APs who

completed the program. Report to PESO on AP participation in training.

DSWD/CSWD

Provide support on micro-enterprise development, skills enhancement,networking and partnership building.

Assist to provide technical skills training, occupational guidance andcounselling, and job referrals or placement.

Contractor Provide the list of jobs and required skills to DOTr and LGU. Hire local residents as required by law.

G. LRIP Budget Estimate

402. The number of LRIP participants is based on the number of APs whose primarylivelihoods are affected by the project including those employees and workers of thebusinesses/farms who will most likely be displaced. The participants also include theunemployed APs (over 18 years old) who belong to a low-income family as defined in this RAPand lessee APs who are directly engaged in farming.

403. The estimated LRIP budget is Php 71,857,500. This comprises funds for vocationaltraining (or similar) and livelihood package.

404. During the Implementation of the RAP, should the current budget be insufficient toaccommodate all currently surveyed or additional identified eligible APs, DOTr will providenecessary budget for such.

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Table 8-108: Estimated LRIP Budget

ActivityEstimatedParticipants

UnitCost

Frequency Total (PhP)

Vocational training 3,500 10,000 1 training 35,000,000

Service provider financial managementtraining

1,028 5,000 1 training 5,140,000

Training Allowance 3,500 200 30 days 21,000,000

Livelihood Rehabilitation Assistance forVulnerable Groups

274 15,000 1 4,110,000

Livelihood Rehabilitation Assistance forLand-Based Tenants/Sharecroppers

5 15,000 1 75,000

Subtotal 65,325,000

LGU Management Fee (10% of direct costs) 6,532,500

Total LRIP Estimate 71,857,500

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9. CHAPTER 9: GRIEVANCE REDRESS MECHANISM

405. The Grievance Redress Mechanism (GRM) is a platform for the DOTr to engageconstructively and productively with affected communities and stakeholder groups. The GRMwill address concerns pertaining to the Project and its impacts on affected people, theenvironment, and communities.

A. Scope and Objectives of the Grievance Redress Mechanism

406. For this Resettlement Action Plan (RAP), a grievance refers to any concern, issue, orconflict resulting from involuntary resettlement or the RAP implementation. This may include anissue on compensation for various types of affected persons (APs), application of eligibilitycriteria, transfer/movement of land owner APs, and reduced income, among others. 407. The general objective of the GRM is to receive and facilitate the resolution of concernsand grievances of APs regarding physical and economic displacement and other projectimpacts with particular attention to impacts on vulnerable groups. Below are the specificobjectives;

a. To resolve concerns and grievances of APs which cannot be settled throughcollective platforms such as stakeholder consultations due to the complexity ofconcerns or grievances and/or the absence of such platform at the time when thecause for grievances take place; and

b. To address concerns and complaints of APs promptly through an understandableand transparent process that is gender responsive, culturally appropriate, andreadily accessible to the country’s judicial or administrative remedies commensurateto the risks and adverse impacts of the Project.

B. Principles Guiding the Grievance Redress Mechanism

408. The implementation of the GRM is anchored on the following principles: a. To keep a complainant’s details confidential;b. To explain about the procedures and present, deliberate cases in a language

understandable by APs;c. To provide transparent, gender responsive, and culturally appropriate grievance

procedures;d. To enable the GRM to be readily accessible to affected persons at no cost and

without retribution; ande. To resolve grievances expeditiously at all times at the lowest GRM level possible.

409. The APs were informed about the GRM during the Stakeholder Consultation Meetings(SCM). The DOTr has set-up the Central Hotline and the Local Help Desks at each LocalGovernment Unit (LGU) to address concerns of APs. The design, scope, and function of theGRM will be reviewed periodically to ensure that it is fit for the purpose as the Project transitionsfrom one phase to the next.

C. DOTr’s GRM Team

410. The DOTr has assigned dedicated Grievance Redress (GR) Officers for the Projectwhose tasks and responsibilities are focused entirely on the GRM. There are GR Officers whoare assigned to Local GRM Team at the LGU Help Desks and to the Central GRM Team at the

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MCRP Project Management Office (PMO) of the DOTr's Office of the Undersecretary forRailways. The section below describes the composition, roles and responsibilities of the GRMTeam.

1. Local GRM Team

411. A Local GRM Team in LGU is composed of three trained GR officers; one dedicatedDOTr staff of the MCRP PMO and two LGU representatives. The GR officers who will serve asthe first contact point for APs will receive grievances concerning RAP implementation and otherproject-related concerns in their area of jurisdiction.

a. Roles and Responsibilities

(i). To intake, monitor, and track grievance cases across all levels raised, so thatthe grievances are addressed in a timely manner;

(ii). If the concern is beyond Local GRM Team’s capacity to decide, endorse thecomplaint to a technical person or committee that has the authority to properlyaddressed and decide necessary action for the concern;

(iii). To log all grievances raised to the Project`s database and monitor the casesthroughout the process until the cases are closed.

(iv). To provide updates using communication tools preferred by APs on the statusand resolution of grievances in a timely manner; and

(v). To provide information and support to APs on project-related resettlement andland acquisition activities, including assistance for APs to complete requireddocuments and provision of other required support.

b. Staff Composition

412. The Local GRM Team in each LGU is composed of the DOTr and LGUrepresentatives:

(i). DOTr's local GR Officer – who is responsible for answering and explainingissues related to the Project and tracking and keeping records of submittedand required/outstanding documents.

(ii). LGU representatives – who are responsible for answering and explainingissues related to the Project. They will assist APs in securing LGU-relateddocuments and accessing data from the LGU office when needed and will takenote of urgent issues and concerns that may arise in the absence of theDOTr's local GR officer and report immediately to the DOTr's Central GRofficer for information and appropriate actions.

2. Central GRM Team

413. The Central GRM Team is in charge of grievances channelled through the DOTr'sCentral Office, i.e., hotline, email, SMS, and letter and is responsible for the receipt,acknowledgement, and registry of grievances as well as eligibility assessment.

a. Roles and Responsibilities

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(i). To conduct overall monitoring and tracking of grievance cases across all levelsraised through the assigned Local and Central GRM Teams, so that thegrievances are addressed properly and promptly;

(ii). To respond to all grievances received via hotline; (iii). To log in, manage, and maintain a database for all complaints and

corresponding actions and decisions on the complaints received by CentralGRM Team until they are closed by the Project;

(iv). To act as a centralized database manager;(v). To provide updates using communication tools preferred by APs on the status

and resolution of grievances in a timely manner (for those not within theresponsibility of Local GRM Team);

(vi). To provide information and support for APs on project-related grievances,particularly issues on land acquisition, resettlement, and the LivelihoodRestoration Improvement and Program (LRIP);

(vii). To prepare quarterly monitoring reports on the GRM includingaccomplishments and status of unresolved grievances and submit them toJapan International Cooperation Agency (JICA) and Asian Development Bank(ADB);

(viii). To conduct capacity building training for GR officers in order to improve theirskills and knowledge and retain tools, equipment, and other resources neededto implement the GRM;

(ix). To provide inputs as requested for internal and external monitoring activities;and

(x). To maintain and update the GRM manual regularly to improve GRM operation.

b. Staff Composition

414. The team is composed of 11 members with the MCRP PMO's GRM Manager, CentralGR Officers, and the DOTr's PMO resettlement/land acquisition experts and engineers.

a. DOTr's GRM Manager is responsible for managing GRM Team andensuring GRM Team functions efficiently.

b. DOTr's Central GR officers are responsible for promoting GRMoperation, tracking and keeping records of submitted andrequired/outstanding documents, and conducting GRM Monitoringand Evaluation (M&E).

c. MCRP PMO's Resettlement/Land Acquisition Experts areresponsible for answering and explaining issues related to thecontents of the RAP, including questions on entitlements and legalprocedures, e.g., Extra Judicial Settlement (EJS) cases, mortgageproperties, and land registration.

d. MCRP PMO's Land Acquisition Engineers are responsible foranswering/explaining issues related to the engineering design,Project Right-of-Way (PROW), alignment, affected properties,severity of impacts on properties, and all engineering-relatedconcerns.

e. MCRP PMO's Environment Officers are responsible for answeringand explaining issues related to health, safety, and environmentissues of the Project.

D. Levels of GRM

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415. The GRM has three levels for handling grievances of APs. Local/Central GRM Teamsserve as the first contact point for APs in case that a grievance is submitted through the HelpDesk or the Central Hotline. Notwithstanding, APs may seek redress through the court systemat any stage of the project-level grievance redress process. Table 9 -109 summarizes the levelsof the GRM to address grievances of APs.

Table 9-109 Levels of Grievance Redress Mechanism

Level Institution

1st Level Help Desk/Central Hotline (Local/Central GRM Team)

2nd LevelRAP Implementation and Management Committee (RIMC)Technical Working Committee (TWC)/Right-of-Way and Site Acquisition (ROWSA) Committeeor the DOTr's Legal Department

3rd Level Project Inter-Agency Committee (PIAC) Source: JICA Design Team

1. Level 1 – Local Help Desk/Central Help Desk (Local/Central GRM Team)

416. The APs have two ways to raise grievances, that is, the Help Desk set-up at each LGUand the Central Hotline.

417. The Help Desk (physical office) is the first contact point for APs in the GRM and servesas venue for raising issues, concerns, and questions related to the Project. Help Desks havebeen set-up and are located in each LGU and staffed with two local GR Officers. Help Desksoperates at least once a week. Depending on demands, it will operate more frequently,especially during the period of the issuance of Notice of Taking and during Relocation. Duringproject implementation on days when the Local Help Desk is not operating, APs may use theCentral Hotline and/or send e-mails to the DOTr.

418. In addition to the Help Desk, APs can also reach the DOTr through its Central Hotline.Central GR Officers answer calls and respond to texts/Short Message Service (SMS) from 8:00A.M. to 5:00 P.M. from Monday to Friday. They also receive grievances and enquiries via emailand letter.

419. When receiving a grievance, local/central GR Officers will determine (i) if the complaintis project-related or not, (ii) if the complainant is an AP, and (iii) if the nature of the issue isenvironmental or social. As a basic GRM policy, a grievance will be resolved expeditiously atthe lowest level possible. However, the issue or concern is elevated to the next level (i) if it isnot settled at the lowest level, (ii) if the complainant is not satisfied with the action taken, or (iii) ifthe case is not acted upon within 15 days upon receipt of grievances.

420. The workflow of the Local/Central GRM Teams with the Help Desk/Hotline is describedbelow:

a. To receive a written or verbal complaint via SMS, email, letter, and phone callfrom APs;

b. To record the grievance into the Grievance Action Form (GAF) and provideAPs with a control number. The control number enables APs to track theircomplaint in the database and be explained about the process includinginformation on the person in charge for their complaint;

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c. To clarify whether the nature of the complaint is project-related or not. If thecomplaint is not project-related, Local/Central GRM Teams assist APs byforwarding the complaint to an appropriate agency or LGUs which can act onthe complaint. If the concern is beyond the Help Desk's capacity for resolution,the Help Desk forwards the case to the second-level of the GRM;

d. To research on project-related issues and promptly provide APs with answers,clarification, or solutions (if concerns need further actions/solutions);

e. To monitor and follow up on the action taken including site visits if applicableand/or needed; and then

f. To close out the case when the actions and resolutions to resolve thecomplaint are completed.

2. Level 2 – RAP Implementation and Management Committee

421. The Local GRM Team forwards the unresolved grievance at the first level to the RAPImplementation and Management Committee (RIMC), DOTr’s Resettlement Team and or theLegal Department. The team (i) informs APs that the concern was referred to the RIMC, (ii)provides APs with details of designated focal points including names, contact numbers, andoffice addresses, and (iii) advises APs that they have an option to engage the RIMC for adecide-together option. Under the decide-together option, the RIMC and aggrieved stakeholdersshare decision-making authority and jointly undertake problem-solving.

422. As the second-level of the GRM, the RIMC has the following roles and responsibilities:

a. To address an unresolved grievance related to APs forwarded by the LocalHelp Desk or Local GRM Team;

b. To act and decide on each complaint within 15 working days once thecomplaint is filed by Local GRM Team; or

c. If APs take the decide-together option, APs and the RIMC will act and decideon each complaint within 20 working days once the complaint is received. Theoption entails conducting dialogues, joint brainstorming, joint investigation, orother appropriate approaches to enable the engagement of the responsiblecommittee and the APs. This is followed by joint development of a resolutionand an action together with the APs;

d. To forward the recommended action/solution to Local GRM Team; ande. To forward unresolved grievance to the next level.

423. Technical Working Committee/Right-of-Way and Site Acquisition Committee orthe DOTr’s Legal Department. For more complex legal matters, such as EJS cases,endorsement will be made by the Technical Working Committee (TWC)/ROWSA Committee, orthe DOTr's Legal Department. The following process will be implemented:

a. To receive the endorsement from Local GRM Team;b. To act and decide on each complaint within 15 working days once the

complaint is filed by Local GRM Team and inform Local GRM Team of therecommended action/solution, thereby Local GRM Team marking the case inthe centralized database as “action/resolution ongoing”;

c. If and when the action to resolve the complaint is completed, the resolvedcase will be endorsed back to Local GRM Team. The team will update thecentralized database and mark the case as “action completed”; and

d. To forward unresolved grievance to the next level.

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3. Level 3 – Project Inter-Agency Committee

424. If an AP or complainant is not satisfied with the decision by the RIMC, the ROWSACommittee, or the DOTr's Legal Department, he/she may appeal to the Project Inter-AgencyCommittee (PIAC). The PIAC serves as the third level of the GRM for APs. The PIAC willimplement the following:

a. To receive the endorsement from Local GRM Team and register the case as“undergoing final review and response” in the centralized database;

b. To act and decide on each complaint within 15 working days upon filing to thePIAC by the second-level of the GRM and communicate and endorse theresolution to Local GRM Team, which then releases the decision to thecomplainant;

c. The decision of the PIAC through the Local GRM Team will be officiallycommunicated in writing to APs in one day from the issuance date of thedecision; and

d. To forward unresolved grievances to the next level.

E. Court of Law

425. APs may also seek redress through the court system at any point as the law permits. Ifthe PIAC decision is unsatisfactory, the matter can be taken to an appropriate court of theRepublic of the Philippines for adjudication. Court is not a part of the project-level of GRM, andits decision will be final.

F. ADB’s Accountability Mechanism

426. In addition to the Project`s GRM, once all GRM measures are exhausted, ADB’sAccountability Mechanism can be applied to the Project. While the operation of the project-levelGRM is the responsibility of the Implementing Agency (IA), that of the accountability mechanismis 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 of ADB’s operational policies and proceduresincluding safeguard policies. ADB’s accountability mechanism consists of (i) consultations ledby ADB’s special project facilitator to assist people adversely affected by ADB-assisted projectsin finding solutions to their concerns and (ii) the process through which those affected byprojects can file requests for compliance review by ADB’s Compliance Review Panel. Thedetails of the mechanism can be found via the following link:https://www.adb.org/documents/accountability-mechanism-policy-2012.

G. JICA’s Objection Procedures

427. Alternatively, two or more persons 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.

H. Grievance Redress Mechanism Procedures

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https://www.jica.go.jp/english/our_work/social_environmental/objection/index.html

https://www.jica.go.jp/english/our_work/social_environmental/objection/index.html

https://www.adb.org/documents/accountability-mechanism-policy-2012

428. Grievances from APs related to resettlement implementation or other project-relatedissues will be handled free of monetary charge through a process of negotiations aimed atreaching a consensus. The procedure for APs is described in Table 9 -110.

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Table 9-110: Grievance Redress Mechanism Procedure

No. Actor Action Taken

1Aggrievedstakeholder

Any aggrieved stakeholder lodges his/her grievance in person to the Local Help Desk or in writing, verbally or electronicallytransmitted to Central GRM Team within the MCRP PMO for an immediate action.

21st LevelHelpDesk/Hotline

[Help Desk]When received in person, the grievance is written down on theGrievance Action Form (GAF) (See Annex 9_1) by the staff ofthe Help Desk on behalf of the aggrieved stakeholder who signsthe written complaint for official submission.A unique code for each AP/complainant is assigned (refer toSection 9.6.3).An acknowledgement slip is provided.The GRM process to the aggrieved stakeholder is explained,and contact details of where the complaint is forwarded andwho is responsible for acting on complaint are given.The complaint is reviewed to determine whether it is project-related or not.Documents (if there is any) presented by each AP are digitized,and control numbers for those documents are assigned.The GAF is encoded into the centralized database.

[Hotline]When received, the grievance is written down on the GAF by thecentral GR Officer on behalf of the aggrieved stakeholder.A unique code for each AP/complainant is assigned.An acknowledgement slip via phone call, email, SMS, and letter isprovided for each complaint for quick reference.The GRM process is explained to the aggrieved stakeholder, andcontact details on where the complaint is forwarded and who isresponsible for acting on a complaint are given.The complaint is reviewed to determine whether it is project-related or not.Documents (if there is any) presented by each AP are digitized,and control numbers for those documents are assigned.The GAF is encoded into the centralized database.

2-a) If the complaint is project-related, the local/central GR Officerresolves it on the spot (such asanswers to queries).

2-b) If it is not project-related, thelocal/central GR Officer assists the AP byreferring the complaint to an appropriateagency or an LGU which may be able to acton the complaint. The local/central GRofficer issues an acknowledgement slip forthe complainant to fill and marks the case“Closed/Referred to 3rd Party.”

2-c) If the complaint is project-related andbeyond local/central GR officers’ capacity,local/central GR Officer raises it to anappropriate agency and the next level of theGRM.


The aggrieved stakeholder receives an action of the first level of the GRM through the local/central GR Officer.3-a) If the aggrieved stakeholder issatisfied with the decision, thecomplaint is resolved and recordedaccordingly.

3-b) If the aggrieved stakeholder is notsatisfied with the decision, the stakeholdermay elevate his/her complaint to thesecond-level of the GRM.

3-c) If the complaint is beyond the ability ofthe Local/Central GR Officer for resolution,then the officer assists the AP by referring thecomplaint to the second-level of the GRM.

4 Local/CentralGRM Teams

In case of 3-a),The Local/Central GR Officer is toinform the aggrieved stakeholder ofthe “case closed” status via email,

In case of 3-b),A request from the aggrieved stakeholder isreceived to elevate his/her complaint to theLocal Housing Board (LHB)/RIMC/DOTr's

In case of 3-c),A request from the aggrieved stakeholder toelevate his/her complaint is received byRIMC/ROWSA Committee/DOTr's Legal

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SMS, and letter and record the caseas “closed” on an acknowledgementslip and in the database as “closed”.

Legal Department.The status of the aggrieved stakeholder'scomplaint is recorded.The complaint elevated to the second-levelis forwarded within one day from receipt ofthe complaint or by business close time.

Department.The status of the aggrieved stakeholder'scomplaint is recorded.The complaint to the second-level isforwarded within one day from receipt of thecomplaint or by business close time.

5

2nd LevelRIMC/ROWSACommittee/DOTr's LegalDepartment

The Local GR Officer endorses relocation-related matters of formal APs and NLOs/ISFs to the RIMC, while more complex legalconcerns are filed to the ROWSA Committee or the DOTr's Legal Department.The Local GR Officer offers the aggrieved stakeholder the following options: (i) referring the case to the RIMC/ROWSA Committee/DOTr's Legal Department or (ii) choosing the “decide-together” option under the RIMC.The complaint is acted and decided within 15 working days once the complaint is filed by the Local GR Officer.If the AP opts for the “decide-together” option, each complaint is acted and decided within 20 working days once the complaint isfiled by the Local GR Officer.The local GR Officer of the action and/or decision is informed on the aggrieved stakeholder’s complaint.

6Local GRMTeam

The Local GR Officer is to receive and record the decision by the second-level decision maker.The aggrieved stakeholder is informed.


The aggrieved stakeholder receives an action of the second-level of the GRM through the Local GR Officer.7- a) If the aggrieved stakeholder is satisfied with thedecision, the complaint is resolved and recordedaccordingly.

7- b) If the aggrieved stakeholder is not satisfied with the decision of thesecond-level of the GRM or if the complaint is not acted upon within aperiod of one working day and complainant does not receive anyresponse from the second-level decision maker, the aggrievedstakeholder can forward the complaint or file an appeal to the PIAC.

8Local GRMTeam

In case of 7-a),The Local GR Officer is to write down “case closed” onthe acknowledgement slip, issue it via email, SMS, andletter or by hand to the aggrieved stakeholder, andrecord the case as “closed” on the GAF and centralizeddatabase.

In case of 7-b),A request from the aggrieved stakeholder is received to elevate his/hercomplaint to the PIAC.The status of the aggrieved stakeholder complaint is recorded.The complaint to the third level is forwarded via Local GRM Team withinone working day from receipt of the complaint.

9 3rd Level PIAC

The complaint is received from the Local GR Officer.The complaint is registered on the centralized database and reviewed within seven working days.The complaint is acted and decided within 15 working days, and the decision is informed to the aggrieved stakeholder accordingly.The Local GR Officer is informed of the action and/or decision on the aggrieved stakeholder’s complaint.

10Local GRMTeam

The local officer is to receive and record the decision by the PIAC.The aggrieved stakeholder is informed.

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The aggrieved stakeholder receives an action of the third level of the GRM through the Local GR officer.11-a) If the aggrieved stakeholder is satisfied with thedecision, the complaint is resolved and recordedaccordingly.

11- b) If the aggrieved stakeholder is not satisfied with the decision or ifhis/her complaint is not acted upon within one working day and the APdoes not receive any response from the third level, the aggrievedstakeholder can forward the complaint or file an appeal to the fourth levelof the GRM, the court.

12Local GRMTeam

In case of 11-a),The Local GR Officer is to write down “case closed” onthe acknowledgement slip, issue it via email, SMS, andletter or by hand to the aggrieved stakeholder, andrecord the case as “closed” on the GAF and centralizeddatabase.

In case of 11-b),A request from the aggrieved stakeholder is received to elevate his/hercomplaint to the fourth level.The status of the aggrieved stakeholder complaint is recorded.The complaint to the fourth level is forwarded within one working dayfrom receipt of the complaint.

CourtJudicial procedures will dictate the process and progress of the complaint once the AP files the complaint before a regular court,which can occur at any point.


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I. Status of Grievance Redress Mechanism Set-up for MCRP

a. Establishment of Central Hotline and Local Help Desks

429. In November 2018, the DOTr established and has operated a full-functioningCentral Hotline for the project with mobile numbers and email address, which is managed bythe DOTr’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 anddocumented in the central database of the DOTr’s Central GRM Team.

430. The DOTr also completed the establishment of the Local Help Desks at each of theeight LGUs in the Malolos-Clark Section. Table 9 -111 summarizes the status of the LocalHelp Desk by LGU and the composition of the Local GRM Team at each Local Help Desk.

Table 9-111: Status of the Local Help Desk and the Local GRM Team (as of May2020)

LGU Status of Help Desk Composition of Local GRM TeamDate ofEstablishment

OperationDay

Malolos-Clark SectionMalolos City,Bulacan

2 Aug 2019 Every Tue Staff of City Planning andDevelopment Office

Municipality ofCalumpit, Bulacan

6 Aug 2019 Every Tue Staff of Municipal Planning andDevelopment Office

Municipality of Apalit,Pampanga

18 Jul 2019 Every Thu Staff of Barangay San Vicente andSulipan

Municipality ofMinalin, Pampanga

26 Jul 2019 Every Wed Staff of Municipal Planning andDevelopment Office

Municipality of Sto.Tomas, Pampanga

18 Jul 2019 Every Wed Staff of Municipal LGU – Departmentof Interior and Local Government andMunicipal Disaster Risk Reductionand Management Office

City of SanFernando,Pampanga

12 Jul 2019 Every Thu Staff of Local Housing Office

City of Angeles,Pampanga

6 Aug 2019 Every Tue Staff of Local Urban Poor Affairs andHousing Office

Mabalacat City,Pampanga

3 Jul 2019 Every Wed Staff of Municipal Planning andDevelopment Office

Solis-Blumentritt SectionManila City, MetroManila

24 Apr 2020(expected)

Every otherFri

Staff of City Urban Settlements Office

Note: Apart from the Help Desk by LGU, the Central Hotline was established in November 2018.Source: DOTr

b. Establishment of the GRM Team

431. 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 HelpDesk of each LGU and/or the Central GRM Team at the MCRP PMO in the DOTr's Office ofthe Undersecretary for Railways.

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432. The Local GRM Team is assigned to a specific city or municipality affected by theproject and is composed of trained GR officers who are dedicated DOTr staff of the MCRPPMO or LGU representatives. The Central GRM Team is in charge of grievances channelledthrough the DOTr's central office via the Central Hotline and is responsible for the receipt,acknowledgement, and registry of grievances as well as eligibility assessment.

433. Central GR officers from the MCRP PMO have been deployed to manage the LocalHelp Desk of the Malolos-Clark Section. The existing Local Help Desk is stationed in variousoffices of the eight LGUs and is provided with local GR officers to answer inquiries aboutproject concerns, receive complaints, and provide clarification on the matters related toclaims and interests of APs. The list of central GR officers on duty are presented Table 9 -112.

Table 9-112: Composition of the Central GRM Team (as of May 2020)

No. Affiliation Main Responsibility1 GRM Team Follow up on grievances received from both N2 and SC and

communicate with team leads to address pending cases

2 GRM Team Follow up on grievances received in N2 Section3 GRM Team Follow up on grievances received in SC Section4 GRM Team Follow up on Gender-Based Violence (GBV) cases5 Envi Team Assisting GRM Team every Thursday and Tuesday6 Envi Team Assisting GRM Team every Thursday and Tuesday7 Communications /

Public RelationsTeam

Assisting the operation of Help Desks in N2 and consolidation ofgrievance database

J. Information Dissemination

434. The GRM is publicized and promoted especially at the local level (communities andbarangays) to ensure that APs are aware of this platform and will 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 such asthe GRM explained in text and visual forms, project details and maps, frequently askedquestions, and procedures relating to land acquisition and resettlement. The communicationmaterials for the GRM are listed in Table 9 -113.

435. Project stakeholders were informed about the GRM during SCMs. Smart and GlobeHotlines numbers and email address were disclosed, and the Hotline information was postedon each barangay's notice board and informed during SCMs.

436. In addition, a leaflet explaining the GRM process was also prepared. All concernedinstitutions including barangays, LGUs, and the MCRP PMO are using the same leaflet inexplaining the GRM procedure to aggrieved stakeholders who come to raise their issues orconcerns. The handout was disseminated to LGUs and barangays as well as the DOTr atthe Help Desk and barangay halls and during SCMs. GRM communication tools and ways todisseminate are summarized in Table 9 -113.

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Table 9-113: Dissemination Methodology of GRM Materials and Timeline

Communication Tool

Content Dissemination Methodology Responsibility Timeline

DOTr Hotline Phone numbers:Globe: 0927 450 6720Smart: 0939 223 7993

Email address:[email protected]

SCMPosting on each barangay'snotice boardPosting on the Project'swebsite and Facebook andTwitter accounts

DOTr

OngoingsinceDecember2018

Map Map showing the Project ROWwithin each LGU

Help Desk DOTr Started/on going

Projectinformationbooklet

Project description SCMHelp DeskDOTr staff

DOTrCompleted

Leaflet on theGRM

Summary of the ProjectObjective of the GRMGRM process flowInformation on the Help Desk

opening time, location, howto consult a complaint/issue

Contact details, Hotline, andemail address

Help DeskSCMDOTr staffDuring community organizingof the National HousingAuthority (NHA)Posting on the Project'swebsite and Facebook andTwitter accounts

DOTrApril 302020

Leaflet onresettlement

Project descriptionEntitlement and scheduleResettlement siteContact/opening time andlocation of Help Desk/Hotline

DOTr

May 2020

Leaflet onlivelihood

Project descriptionEntitlement and scheduleLivelihood and IncomeRestoration ProgramsContact/opening time andlocation of Help Desk/Hotline

DOTr

May 2020

Source: DOTr

K. Capacity Building of GR Officers

437. The objective of capacity building activities is to ensure that GR officers who areassigned at 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 capacitybuilding activities will be also a means to obtain comments and suggestions from GR officerswith regards to validating, improving, and streamlining the GRM.

438. There were two initial types of trainings provided, namely: (i) GRM training and (ii)Help Desk training.

Table 9-114: Summary Information of GRM Trainings

Date &Time

Training & Venue Main ParticipantNumber of ParticipantsMale Female Total

14-15March2019 9:00A.M.

GRM Training forCentral GR Officers

The Redd Manor

DOTr – 9Malolos, Bulacan LGU – 1Calumpit, Bulacan LGU – 1Apalit, Pampanga LGU – 1

10 17 27

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mailto:[email protected]

Date &Time

Training & Venue Main ParticipantNumber of ParticipantsMale Female Total

Hotel, Jose AbadSantos Avenue,San Fernando,Pampanga

Sto.Tomas, Pampanga LGU – 1San Fernando, Pampanga LGU – 1Angeles, Pampanga LGU – 1Mabalacat, Pampanga LGU – 1Minalin, Pampanga LGU – 1Manila LGU – 1ADB – 8JICA Design Team – 1

4-5 April2019 8:00A.M.

Help Desk Trainingfor Central andLocal GR Officers

ADB Headquarters

DOTr – 18Malolos, Bulacan LGU – 2Calumpit, Bulacan LGU – 2Apalit, Pampanga LGU – 2Sto.Tomas, Pampanga LGU – 2Minalin, Pampanga LGU – 1City of San Fernando, PampangaLGU – 2Mabalacat City, Pampanga LGU – 2City of Manila LGU– 2ADB – 5JICA Design Team – 8

19 27 46


439. The MCRP PMO is undertaking ongoing trainings and iteration sessions to ensurethat DOTr staff and GR Officers have sufficient understanding of the GRM including updatesor changes in GRM procedure and system as well as project details.

L. Monitoring and Reporting on Grievance Redress

440. The MCRP PMO monitors the grievance redress status monthly and reports theresults to JICA and ADB on a quarterly basis by submitting Monitoring Reports on GrievanceRedress pertaining to accomplishments and the status of unresolved grievances (Section I).The reports form a part of Internal/External Monitoring Reports to be submitted to JICA andADB. The details are referred to Chapter 13.

1. Local Monitoring

441. Local GRM Team undertakes periodic rapid appraisal that measures the GRM’seffectiveness and efficiency. Local GRM Team monitors the type of grievances, status ofresolutions, and grievances forwarded to the third parties or next levels. The newly designedcentralized database will have an integral program to enable the processing and generationof information.

442. Monitoring Approach. Monitoring activities to generate data on the GRM’srelevance, effectiveness, and efficiency will range from simple tracking of the progress ofcases using the centralized database management and tracking system to site visits andinterviews with local key players such as LGU Officials.

443. The results of local monitoring are documented by GR officers and also uploadedon the centralized database management and tracking system under the monitoring tab thatcontains a specific monitoring template.

444. Reporting. The results of monitoring activities are documented by Local GROfficers and submitted to GRM Managers and Central GRM Team once a month. Themonitoring report includes the following: (i) the progress of grievance redress, (ii) raisedissues and concerns during SCMs and Focus Group Discussions (FGDs), (iii) comments for

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improving the GRM, and the (iv) inclusion of monitoring sheets, e.g., the numbers ofgrievances received and resolved and categories of complaints received at the Help Desk.

2. Central Monitoring

445. Central monitoring is the integration of all local level monitoring using informationfrom the centralized database and qualitative and/or quantitative information from localmonitoring reports including information on the progress and gaps of grievance resolution.The DOTr's GRM Manager prepares a formatted narrative report on a monthly basis.

446. Monitoring Approach. The central monitoring is conducted for all levels of theGRM based on the centralized database. This enables GRM Team to get a picture of theprogress of all grievances. It will help verify if there are any abnormal number of complaintsof the same nature. It will enable problem identification. For example, if the receiving rate ofgrievances at the Central Hotline is irregular, then GRM Team can analyze if there are anysystematic errors. GRM Team can also examine if there are consistent delays in reachingresolutions and accordingly investigate the cause of such delays.

447. Reporting. Central GR Officers monitor the type of grievances and the status ofresolutions mainly using the information from the database. The monitoring report providedincludes grievances received through the Hotline and grievances raised to the other levels ofthe GRM. The results of central monitoring will be documented by GRM Managers on amonthly basis. The monitoring report includes the following: (i) the progress of grievanceredress, (ii) summary of GRM activities such as meetings or capacity building training, (iii)comments for improving the GRM, (iv) monitoring sheets, e.g., the numbers of grievancesreceived and resolved and the categories of complaints for each level, (v) analysis ofgrievances according to common themes and areas for improvements, (vi)recommendations for further actions to reduce similar grievances in the future.

M. Continuous Update of the GRM

448. The GRM policies and procedures will be updated every six months to streamlinethe process where needed. Discussions and revisions will be made by Central GRM Teambased on recommendations. If necessary, interviews will be conducted directly with LocalGRM officers on the site. The updated GRM will be promptly distributed to the Local HelpDesk and Central GR Officers.

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10. CHAPTER 10: RAP IMPLEMENTATION ARRANGEMENTS

449. This chapter discusses the implementation arrangement for the ResettlementAction Plan (RAP) of the Project. Specific functions of each implementing body and itsrelevance to the roles of the Department of Transportation (DOTr) as the ImplementingAgency (IA) are explained in detail. Table 10 -115 summarizes implementing units andcoordinating bodies for the Project, while the RAP implementation structure is shown inFigure 10 -17.

Table 10-115: Implementing Units and Coordinating Bodies

Body/Unit Purpose/Key Responsibility Type of UnitFrequencyof Meeting

Number ofMember/Staff

Prim

ary

Imp

lem

en

ting

Un

it

MCRP ProjectManagementOffice (PMO)

Primarily responsible for the implementation of the Project including the RAP implementation

Project-based office

Weeklyand asneeded

More than 300(67 dedicated toRAPimplementation)

Ap

pro

vin

gC

om

mitt

ee DOTr's TechnicalWorkingCommittee (TWC)

Responsible for Right-of-Way (ROW) acquisition for all DOTr projects. This unit is the final approving body for a decision by the DOTr pertaining to all

Committee As needed 11

Coo

rdin

atin

g B

odie

s Project Inter-AgencyCommittee (PIAC)

Primarily responsible for establishing institutional linkages among concerned government offices and creating inter-agency policies for efficient implementation of RAP components.

Project-widecommittee

Quarterly 11

Technical WorkingGroup (TWG)under PIAC

Responsible for actual inter-agency coordination at the project-wide level. Representatives are responsible for cascading the function/role of their respective agencies for the implementation of the RAP and the agreements/policies/plans agreed at the PIAC/TWG level to field offices or concerned sub-units.

PIAC sub-committee

As needed 21

RAPImplementationand ManagementCommittee (RIMC)

Recommendatory and coordinating committee for the RAP implementation at the local level.

City/municipality-levelcommittee

Everyother week

16


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Figure 10-17: RAP Implementation Structure (as of February 2020)


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A. Department of Transportation

450. The DOTr supervises and coordinates the implementation of all activities, monitorcompliance with this RAP, secure sufficient funding for all resettlement-related activities,allocate resources in a timely manner, set target outputs with corresponding timelines,monitor progress, consolidate reports from all sources, document gaps, and find appropriatesolutions. Such general roles of the DOTr as the Implementing Agency (IA) is largely carriedout by a special office created for this purpose, the MCRP Project Management Office(PMO).

451. The DOTr is headed by the Department Secretary who directly reports to thePresident of the Philippines. The Department Secretary is assisted by severalUndersecretaries that head their respective divisions. For the Project, the Undersecretary forRailways will directly supervise the MCRP PMO and make critical decisions related to theRAP implementation.

452. As per guidance in the DRAM, before the DOTr issues the Notice of Award for theconstruction contract, DOTr will obtain at least a Permit to Enter (PTE) the ROW from theowner, or a notarized DAS or Deed of Donation executed in favor of the government, or aWrit of Possession (WOP) from the concerned court, as the case may be. Given the natureof the investment as a large multi-year project, the Notice of Award may be immediatelyissued to cover the entire project, but the Notice to Proceed (NTP) may be issued bysegment according to the phased implementation of the project with corresponding phaseddelivery of the required ROW. In such a case, the general practice is that each ROW phaseshould provide a land area free from obstructions with at least a PTE to enable thecontractor to do at least six months of continuous construction.

453. 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 compensationhas been paid and relocation, when necessary, is completed in accordance with this RAP.Before giving possession of a relevant site to the contractor, DOTr will confirm to ADB thatthe required RAP provisions have been satisfactorily completed and furnish details oncompensation and entitlements and resettlement assistance provided. After ADB’sacknowledgement, the notice to proceed will be issued by DOTr to the Contractor.

454. Prior commencement of works, RAP is approved and the DOTr will ensure that thecontractor will provide safe access to the community that live beside the project premises.

1. DOTr's Technical Working Committee58

455. Department Order (D.O.) No. 2013-05 created the Technical WorkingCommittee (TWC) for the acquisition of Right-of-Way (ROW) for infrastructureprojects under the management of the DOTr. The Undersecretary for Legal andProcurement and the Undersecretary for Planning are members of the TWC. The TWCprovides legal and technical support to all PMOs under the DOTr including the MCRP PMO.

456. Roles and Responsibilities of the DOTr’s Technical Working Committee. Theroles and responsibilities of the DOTr's TWC are summarized below.

58 To be replaced by the DOTr's Right-of-Way and Site Acquisition (ROWSA) Committee once created.

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a. Evaluate, examine, and approve documents59 pertaining to all properties tobe acquired that have already undergone due diligence by the MCRPPMO; and

b. Endorse documents for compensation as per the Entitlement Matrix of thisRAP.

457. Composition of the DOTr’s Technical Working Committee. The DOTr's TWC isestablished under the Office of the Undersecretary for Legal and Procurement. D.O. 2013-05specifies the composition of the TWC as shown in Table 10-2.

Table 10-116: Composition of the DOTr's Technical Working Committee

Position Member1 Leader Chairman: Director, Legal Service

Vice-chairman: Director Planning Service2 Member Executive Director concerned

Chief, Legal Affairs and Research DivisionProject Manager/Engineer concernedRepresentative of Legal ServiceRepresentative of Planning ServiceRepresentative of Finance and Comptrollership ServiceRepresentative of Procurement Supply and PropertyManagement Service

3 Observer Representative of the Commission on Audit (COA) Resident Auditor Source: DOTr

2. MCRP Project Management Office

458. The MCRP PMO is the primary project implementing unit of the DOTr for theProject including the RAP implementation in accordance with the Guidelines forEnvironmental and Social Considerations of the Japan International Cooperation Agency(2010) and the Safeguard Policy Statement (SPS) of the Asian Development Bank (ADB)(2009) on involuntary resettlement. A functioning MCRP PMO carries out the responsibilitieslaid out in this RAP.

459. Roles and Responsibilities of the MCRP PMO. The roles and responsibilities ofthe MCRP PMO pertaining to the RAP are summarized below.

A. General Functionsa. Lead and manage overall implementation of this RAP;b. Synchronize resettlement activities and land acquisition with the project

construction schedule and similarly closely coordinate with contractors toensure that civil works are aligned with the RAP implementation;

c. Coordinate with other partner institutions in the RAP implementation suchas the National Housing Authority (NHA), the Department of HumanSettlements and Urban Development formerly HUDCC, Local GovernmentUnits (LGUs), Government Financial Institutions (GFIs), and theDepartment of Finance (DOF);

d. Ensure the timely implementation of the RAP, specifically, the acquisitionof the ROW, resettlement of Project-Affected Persons (APs), and theimplementation of the Livelihood Restoration and Improvement Program(LRIP);

e. Supervise the general consultant in matters pertaining to the RAP;

59 Including the signing of the Offer to Buy (OTB) to be issued by the DOTr's MCRP PMO to property owners.

202

f. Create a database of APs accessible to all involved agencies nationwideand set guidelines in accessing this database to maintain confidentiality ofinformation to protect the privacy of APs;

g. Lead responses to unanticipated impacts due to the Project, preparingsafeguards documents/reports as required by JICA and ADB;

h. Lead all project-related committees and assign secretaries;i. Prepare detailed action plans, schedules, targets, and resource allocation

plans to effectively implement the RAP;j. Ensure that sufficient human resources are available to implement the

RAP;k. Operate and maintain the Grievance Redress Mechanism (GRM), ensuring

availability of all required resources such as budget, staff, office space,transport, and supplies;

l. Ensure that adequate budgets and required funds are available toimplement the RAP and all related safeguards plans and activities andmake all required payment to APs including monthly rental allowances in atimely manner;

m. Disclose information about the RAP implementation in a timely andmeaningful manner and involve APs in the RAP implementation;

n. Monitor and report all RAP-related activities, identifying issues andimplement corrective actions as outlined in the RAP;

o. Update the RAP including any other safeguard documents as required byJICA and ADB;

p. Ensure that unanticipated impacts are addressed according to the RAP;q. Prepare monthly and quarterly monitoring reports on the RAP

implementation, post-completion and evaluation reports, and semi-annualinternal monitoring and evaluation reports for submission to JICA and ADB;

r. Ensure the engagement of the External Monitor Agent (EMA) during theRAP implementation; and

s. Act under the overall direction of the Undersecretary for Railways.

B. Right-of-Way and Land Acquisitiona. Conduct all required surveys to determine affected persons and assets as

needed;b. Ensure that all eligible APs provided with their respective entitlements are

identified according to the RAP and are relocated and/or compensated asper the RAP;

c. Update and maintain the database on APs and their assets needed foreffective implementation and monitoring of RAP activities;

d. Conduct the validation of affected persons including land lease users andinformal settlers and assets as well as the verification of eligibility jointlywith or independently from other agencies;

e. Provide assistance to APs to complete the preparation of necessarydocuments when needed;

f. Ensure the timely procurement of GFI services and monitor appraisal ofaffected properties, thereafter;

g. Issue the Notice of Taking (NoT) and Offer to Buy (OTB) duly approvedand signed by proper authorities;60

h. Assist APs in securing required documents, particularly in Extra JudicialSettlement (EJS) cases;

i. Pay full compensation to APs prior to incurrence of loss and before landclearing;

j. Lead and manage the timely clearing of the ROW and relocation of APs;

60The Notice of Taking (NoT) will be signed by the head of ROWA Team while Offer to Buy (OTB) will be signed by the TWC Chairman.

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k. Any additional land acquisition is required to be assessed for resettlementimpacts, and safeguard documentation will be prepared and approved byJICA and ADB prior to land acquisition and clearing.

C. Relocation and Resettlement

a. Set guidelines and policies in issuing the official masterlist of affectedhouseholds and persons ensuring that the only legitimate AHs/APs will beprovided with compensation and relocation assistance;

b. In coordination with LGUs and the Presidential Commission for the UrbanPoor (PCUP), issue the Notice to Vacate or Eviction Notice in case thatAPs refuse to sign an Agreement to Demolish and Remove Improvements(ADRI);

c. Initiate the application and completion of requirements for the issuance ofthe Certificate of Compliance (COC) prior to displacement of APs anddismantlement of their structures;

d. Ensure that a resettlement site is complete with all the necessary utilities,community facilities, and social services;

e. Implement and monitor rental subsidies for temporary accommodationsduring the interim stage including the timely payment of allowances to APs;

f. Provide transportation for APs and their belongings including salvageablematerials;

g. Provide food assistance for APs;h. Implement self-relocation options; anda. Provide resettlement assistance to affected landowner claimant

households.

D. Implementation of the Livelihood Restoration and Improvement Programa. In coordination with concerned member agencies of the Project Inter-

Agency Committee (PIAC), the RAP Implementation and ManagementCommittee (RIMC) and the Local Housing Board (LHB) implement theLRIP;

b. Create a division within the MCRP PMO or assign dedicated persons tosupervise and implement the LRIP that is not covered by partner agencies;

c. Monitor the use of the compensation capital provided to APs;d. Maximize the use of other livelihood programs where they are available for

APs; ande. Arrange employment for APs in construction works for the Project.

E. Preparation and Submission of Reportsa. Submit all necessary reports to the Undersecretary for Railways

periodically (on a monthly basis) pertaining to the RAP implementation;b. Conduct internal monitoring of the RAP implementation and prepare

monthly, quarterly, and semi-annual monitoring reports/updates; andc. Prepare and consolidate reports for future reference.

460. Composition of the MCRP PMO. As of 15 May 2019, the MCRP PMO has sevendivisions: (i) Management; (ii) Civil Works; (iii) Systems; (iv) Rolling Stock; (v) EngineeringSupport; (vi) Environment, Resettlement, ROW, Legal; and (vii) Administration and Support.The MCRP PMO structure is illustrated in Figure 10 -18 and the number of positions perdivision is indicated in 461. .

204

Figure 10-18: Structure of the Project Management Office (as of 15 May 2019)

Source: DOTr

Table 10-117: Composition of the Project Management Office (as of 15 May 2019)

No. Division PositionNumber ofPositions

1 Management EngineerProject OfficerProject Development Officer

17

2 Civil Works Engineer Architect Project Development Officer

180

3 Systems Engineer 234 Rolling Stock Engineer 115 Engineering Support Attorney

Project Development OfficerEngineer

56

6 Environment, Resettlement, ROW,Legal

Attorney Project Development OfficerCommunity Development OfficerEngineerArchitect

128

7 Administration and Support Project Development Officer Administrative Officer Budget OfficerAccountant

35

Total 450 Source: DOTr

B. Partner Institutions

462. The DOTr cooperates with other government agencies to implement this RAP. Thepartner 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

463. Since the Project cuts across two provinces and multiple cities/municipalities, thePIAC will be created to convene these agencies for a coordinated course of action.

464. Project Inter-Agency Committee (PIAC). The PIAC is responsible for creatinginter-agency policies or agreements regarding resources, information exchanges, andprogram linkages for effective implementation of the RAP in accordance with the relevantlaws of the Philippines, JICA Guidelines (2010) and ADB SPS (2009), and the policiesoutlined in this RAP. It is a project-wide coordination committee to make required resources,programs, and information available and accessible to the local level units of nationaldepartments and LGUs. A joint Memorandum Circular series of 2019 has been prepared andnow being circulated for signature to all PIAC members (Appendix 7).

465. The functions of the PIAC are as follows:

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a. Final approval on project-specific policies that will support the RAPimplementation within the policies outlined in the RAP;

b. Establish and support the PIAC's Technical Working Group (TWG) andassist the MCRP PMO in the RAP implementation and the provision ofsocial welfare benefits; and

c. Review, deliberate, and provide resolutions and actions on grievances andcomplaints elevated to the PIAC.

466. The composition of the PIAC is shown in Table 10 -118.

Table 10-118: Composition of the Project Inter-Agency Committee

Position MembersChair DOTrCo-Chair DHSUDMember Philippine National Railways (PNR)

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 Environment and Natural Resources (DENR)Department of Agrarian Reform (DAR)Department of Finance (DOF)Department of Agriculture (DA)Department of Education (DepEd)Department of Health (DOH)


467. The roles and responsibilities of PIAC members are summarized in Table 10 -119.

Table 10-119: Roles and Responsibilities of Project Inter-Agency Committee Members

Agency/Organization Roles and Responsibilities1

DOTr(Undersecretary for Railways)

Serve as the PIAC Chair and preside on all meetings of thecommittee;

Present desired and specific policies needed to ensure thecompliance with ADB and JICA guidelines and effectiveimplementation of the RAP;

Act on the matters elevated to the PIAC by the GRM's HelpDesk in coordination with other partner agencies and based onthe 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 ofparticipating agencies, TWG, and its committees.

2

DHSUD61

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 tothe provision of relocation sites to APs such as, but not limitedto, the involvement of Pag-IBIG Funds and other socializedhousing projects administered by Non-GovernmentOrganizations (NGO) or Civil Society Organizations (CSO); and

Inform the committee on issues that can only be resolved attheir level and recommend solutions.

61 The Department of Human Settlements and Urban Development (DHSUD) replaced the Housing and Urban Development Coordinating Council (HUDCC).

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Other members

Attend meetings; Approve and implement policies presented by the DOTr; Sign all PIAC instruments on behalf of their agency; and Provide inputs and recommendations to address

implementation issues.Source: JICA Design Team

468. Technical Working Group (TWG) Under the PIAC is the TWG composed ofrepresentatives from the concerned PIAC members. The TWG will draft policies and makeresolutions of RAP issues to be approved by the PIAC. The TWG may decide on matterspertaining to the RAP without the approval of the PIAC as long as the decision is clearlywithin the stated actions and policies of the RAP.

469. The functions of the TWG are as follows:a. Determine how to mobilize resources of PIAC member agencies to support

the RAP implementation;b. Define other roles and responsibilities and corresponding deliverables of

each member agency/unit in the RAP implementation including the LRIP; c. Identify gaps in policies and resources and inform their department heads

(when necessary) to allocate resources or create a policy at the PIAC levelto ensure efficient implementation of this RAP; and

d. Act upon RAP issues within their capacity and allocate resources whenneeded.

470. There are two clusters to be formed under the TWG: (i) Cluster for Livelihood and(ii) Cluster for Relocation and Resettlement. These clusters may conduct meetingsindependently, but the DOTr may call for a joint meeting whenever necessary. Thecomposition of the TWG is summarized in Table 10 -120.

Table 10-120: Composition of the Technical Working Group

Position Agency/OrganizationChair DOTr's Undersecretary for Railways/MCRP PMO Project DirectorCo-chair DHSUDMember NHA–Livelihood Division

LGU's representative for livelihood restoration, i.e., Public Employment ServiceOffice (PESO)DSWD (Operations and Programs Group–Promotive Programs)Technical Education and Skills Development Authority (TESDA)PNRLGU's representative for relocation, i.e., Local Housing Office (LHO)/LocalHousing Board (LHB) HeadNHA–North and Central Luzon (NCL)Home Development Mutual Fund (HDMF or Pag-IBIG Fund)Bureau of Internal Revenue (BIR) District OfficeDepartment of Environment and Natural Resources–Land Management Bureau(DENR-LMB)Philippine Overseas Employment Administration (POEA)Construction Manpower Development Foundation (CMDF) under the ConstructionIndustry Association of the Philippines (CIAP) Small Business Corporation (SBC) under the DTI Cooperative Development Authority (CDA)PCUPDA DAR District OfficeCommission on Human Rights (CHR)DOH

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Position Agency/OrganizationDepEd


2. Key National-Level Partners

471. Below are details of the national-level government partners which have significantresponsibilities for the RAP implementation. Some of these agencies are key partners ofDOTr with existing Memorandum of Agreement (MOA) relative to the project, and the othermembers of the PIAC (or both).

472. Department of Human Settlements and Urban Development (DHSUD). TheDHSUD as a council is mandated to coordinate and monitor activities of all governmentagencies undertaking housing projects including those of LGUs to ensure theaccomplishment of goals of the government’s housing programs. Thus, the DOTr haspartnered with the DHSUD for this Project. Within an agreed Memorandum of Agreement(MOA). In addition to its responsibilities as the PIAC Co-chair, the DHSUD has the followingadditional responsibilities.

a. Coordinate with other National Government Agencies (NGAs) for theimplementation of the RAP and the LRIP;

b. Monitor activities of partner agencies in terms of the RAP implementation;c. Initiate the creation of relocation programs for the Project and draft policies

to support and enable them;d. Adopt or sponsor policies to allow innovative relocation strategies;e. Assist in the creation of the RIMC at each LGU;f. In coordination with the Housing and Land Use Regulatory Board

(HLURB), consolidate inventory of vacant/idle land that may be used asrelocation sites;

g. Facilitate fast accreditation/registration of homeowners’ associations;h. Coordinate with DepEd to facilitate the seamless transfer of students;i. Coordinate with the DOH to facilitate the seamless transfer of health

records of APs to continue their access of health services in their newlocations;

j. Ensure that all activities related to clearing of structures, demolition, oreviction are in accordance with provisions of the relevant laws;

k. When necessary, contract a Non-Government Organization (NGO) orcreate a dedicated group of staff within the DHSUD to implement thelivelihood restoration program envisioned in this RAP that is not covered bythe Key Shelter Agencies (KSAs);

l. Submit quarterly reports to the MCRP PMO regarding the progress and theresult of their coordination and monitoring activities including, but notlimited to, relocation site preparation, the number and names of APsrelocated (from where to where), the schedule of relocation, the numberand names of APs not yet relocated, target completion of all relocationactivities, and other reports as may be required by the MCRP PMO; and

m. Provide data and documents as may be needed by EMA during projectmonitoring and evaluation.

473. National Housing Authority. The DOTr has partnered with the NHA to implementthe socialized housing program for the Project, through the MOA signed on September 3,2019. In addition to their role as a member of the PIAC, the NHA’s roles and responsibilitiesare as follows:

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a. Assist in the validation of beneficiaries by cross-checking the validatedmaster list into the Alpha List;

b. Implement the Community-Based Initiative Approach (CBIA) to ensure thatthe selection of resettlement sites involves the participation of APs;

c. Identify and develop resettlement sites with all utilities, community facilities,and other related infrastructure;

d. Closely coordinate all NHA resettlement activities with the MCRP PMO andLGUs;

e. Assist LGU and DOTr in securing temporary accommodation/rentalfacilities for the AHs for their immediate transfer meantime while waiting forthe completion of their housing units in the resettlement site.

f. Organize the transfer of non-landowner families and provide transportationto temporary accommodations and resettlement sites;62

g. Submit quarterly reports of obligations and disbursement including a reportof check issued, as required by the MCRP PMO; and

h. Perform other functions as necessary to effectively carry out the provisionsof this RAP relating to NLOs/ISFs.

474. Philippine National Railways (PNR). The PNR as an attached agency of theDOTr will provide assistance to the MCRP in the following:

a. Supply manpower assistance in the relocation activities particularly to AHs/APs during relocation;

b. Provide security to RAP implementers or for other purposes as needed.

475. Department of the Interior and Local Government (DILG). The DILG as anational agency focused on local governments is responsible for the following:

a. Gain cooperation of LGUs in the conduct of resettlement activities byexercising general supervision over local governments;

b. Liaise with LGUs refusing the relocation of NLOs/ISFs from other cities ormunicipalities and determine possible assistance to accommodaterelocatees;

c. Provide capacity building to LGUs, particularly the Local Housing Board(LHBs), Local Housing Office (LHO) and Local Social Welfare andLivelihood Offices in implementing housing and resettlement programs asnecessary; and

d. Facilitate coordination between sending and receiving LGUs.

476. The Department of Trade and Industry (DTI). DTI will provide support to the LRIPimplementation as follows:

a. Provide industry road mapping per receiving LGU;b. Facilitate access to grants and government soft loan programs through

accredited Microfinance Institutions (MFIs) or the Small BusinessCorporation (SBC) and other forms of financial assistance including sharedservice facilities and equipment and other support for Micro Small andMedium Enterprises (MSMEs) through NGAs;

c. In coordination with the DOLE, provide training and help create a networkfor establishing online businesses or other home-based enterprises forinterested APs including homemakers, female household heads, Personwith Disability (PWD), and the elderly; and

d. Provide data and documents as may be needed by the EMA during projectmonitoring and evaluation.

477. Small Business Corporation (SBC). SBC will support the LRIP through its prioritysupport as follows:

62Funds to be provided by the DOTr from the RAP budget.

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a. Assist APs in accessing soft loans through government loan programs; andb. Link qualified APs to MFIs and banks to access a higher loan amount to

help them re-establish their businesses.

478. Department of Labor and Employment (DOLE). DOLE will similarly assist theLRIP through their mandate to support employment. Other responsibilities are as follows:

a. In coordination with the MCRP PMO, provide Kabuhayan Starter Kits orfacilitate access to the DOLE's Integrated Livelihood and EmergencyEmployment Program (DILEEP), Nego-Kart (Negosyo sa Kariton) Project,and Kabuhayan Restoration Package (PhP 10,000) to qualified/trainedvulnerable and underprivileged APs;

b. Provide labor market information on Key Employment Generators (KEGs)and hard-to-fill and in-demand occupations (domestic and overseas) toserve as a basis in identifying relevant training programs for APs throughthe TESDA;

c. Conduct job fairs in project-affected areas;d. Conduct career guidance and employment coaching to APs; ande. Provide data and documents as may be needed by the EMA during project

monitoring and evaluation.

479. Philippine Overseas Employment Administration (POEA). POEA providesassistance to overseas workers and promotes overseas employment for Filipinos. For theproject, they will conduct the following:

a. Conduct job fairs for overseas employment opportunities;b. Provide lists of employment opportunities abroad that can cater to the type

of available skills and skills training completed by APs; andc. Provide data and documents as may be needed by the EMA during project


480. Technical Education and Skills Development Authority (TESDA). TESDAserves as the Philippines' technical vocational education and training authority and willsupport the project as follows:

a. In coordination with the MCRP PMO, KSAs, the DOLE, and the DTI,conduct series of skills training to APs;

b. Facilitate provision of financial support to APs during training including foodand transportation allowances and compensation for income loss (forwage-based earners) for each day of being absent from work to attendtraining;63

c. Partner with other institutions offering technical and skills developmentcourses particularly in cases where needed training is not in its regularcourse offerings;

d. Offer scholarship or training vouchers to APs;e. Assist APs in acquiring desired certifications (such as NCII); andf. Provide data and documents as may be needed by the EMA during project


481. Cooperative Development Authority (CDA). CDA promotes the sustained growthand development of cooperatives in the Philippines and will contribute to the LRIP asfollows:

a. Assist APs in organizing cooperatives;b. Conduct free seminars on cooperative development in areas accessible to

APs;c. Facilitate fast registration of APs’ cooperatives;

63 Funds will be transferred by the DOTr to TESDA.

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d. Provide links to funding agencies and grants to help APs’ cooperativesstart their operation;

e. Provide market links for their products and services; andf. Provide data and documents as may be needed by the EMA during project


482. Home Development Mutual Fund (HDMF) or Pag-IBIG Fund. HDMF supportsadequate housings through an effective savings scheme. For the project, it will conduct thefollowing:

a. Provide a list of Pag-IBIG foreclosed properties to the MCRP PMO toinform APs of the available options they have for assisted resettlement;and

b. Facilitate a fast approval of housing loans by assigning a special lane forAPs.

483. Presidential Commission for the Urban Poor (PCUP). 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:

a. Assist in serving the Notice to Vacate and Notice of Eviction in case thatAPs refuse to sign an ADRI;

b. Participate in pre-relocation consultation meetings with APs;c. Assist the MCRP PMO in linking with concerned agencies as regards the

provision of basic services and facilities such as roads, schools, livelihoodsites, material recovery facilities (MRF), and clinics;

d. Monitor all demolition and eviction activities involving underprivileged andhomeless citizens in accordance with its mandate and Executive Order(E.O.) No. 152 as amended by E.O. 708 and E.O. 69;

e. Prepare reports on the compliance or non-compliance of the activities;f. Document actual conduct of relocation and dismantlement of structures

and orient the MCRP PMO on the guidelines in the implementation andsupervision of actual demolition and eviction pursuant to Sections 27, 28,and 30 of R.A. 7279 and its IRR; and

g. Facilitate a pre-demolition conference as required.

484. Commission on Human Rights (CHR). CHR is an independent constitutionaloffice with the primary function of investigating all forms of human rights violations involvingcivil and political rights in the Philippines. For the project, the CHR will assist as a third-partymonitor as follows:

a. Monitor the conduct of eviction and demolition; andb. Monitor provision of basic social services at relocation sites.

485. Department of Agrarian Reform (DAR). DAR is responsible for the redistributionof agrarian land in the Philippines. It will conduct the following:

a. Provide recommendations and inter-agency support to fast-track landconversion for the project and social housing purposes, where needed;

b. Provide and validate data on land ownership obtained throughcomprehensive land reform programs such as, but not limited to,Emancipation Patents (EP) and Certificate of Land Ownership Award(CLOA);

c. In coordination with LGUs, support the MCRP PMO in land research forpossible housing sites for APs;

d. In coordination with LGUs, facilitate land conversion for socialized housingpurposes;

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e. Identify agricultural land suitable for conversion to the residential use forsocialized housing purposes; and

f. Provide data and documents as may be needed by the EMA during projectmonitoring and evaluation.

486. Department of Environment and Natural Resources (DENR). 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:

a. Facilitate the fast titling of untitled land that is suitable for relocation sites;b. Provide inter-agency links to fast-track the process of securing the

Environmental Compliance Certificate (ECC) and other environmentalpermits related to socialized housing sites;

c. Recommend solutions to issues related to land titling; and d. Facilitate the issuance of certifications for alienable and disposal land as

supporting documents to untitled land that will be subject to ROWacquisition.

487. Department of Finance (DOF). DOF formulates revenue policies that will ensurefunding of critical government programs that promote welfare among Filipinos andaccelerate economic growth and stability. For the project-related resettlement and landacquisition activities within this RAP, the DOF will have specific duties as follows:

a. Direct, through an appropriate circular, the Bureau of Internal Revenue(BIR) to allow partial payment of estate or inheritance tax for ROW-affectedproperties instead of paying for all properties owned by the deceased;

b. Facilitate the issuance of documentary requirements relating to EJS cases;and

c. Facilitate on-time issuance of BIR ruling and the electronic CertificateAuthorizing Registration (CAR) for lot titling for relocation sites.

488. Land Bank of the Philippines (LBP). Based on the MOA between LBP andDOTr, the LBP’s role is defined as the distribution agent, whose main task is tofacilitate the timely, orderly, and transparent distribution of the Cash Entitlements toall PAPs. Likewise, the Distribution Mechanism of entitlement shall be facilitated byLBP in coordination with DOTr-PNR's NSCR-Ex Project Management Office for theimplementation of this MOA (“PMO”), and shall be funded by DOTr initially underRepublic Act No. 11465. It will undertake the following specific responsibilities:a. Production and distribution of Cash Cards to PMO certified PAP-

Beneficiaries (“Cash Cards Distribution”); andb. Crediting of Cash Entitlements to the PAP-Beneficiaries' Cash

Cards from the Entitlements Program Funding Account upon PMO’sinstruction (“Cash Cards Crediting”).

3. Site-Specific (Local Level) Partner Institutions

489. Site-specific partners refer to offices, units, or special bodies that have animplementing arm in specific city/municipality and will work directly with Aps

490. RAP Implementation and Management Committee (RIMC). The RIMC will be thevenue for MCRP PMO to coordinate activities in the RAP implementation at thecity/municipal level. It will be responsible for channelling information across LGU offices andthe MCRP PMO to bridge gaps in policies and resources and promptly deliver assistanceand responses to APs. A MOA will be created to formally operate the RIMC. The RIMC willhave the following functions:

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a. Draft and approve project-specific policies applicable at the local level thatare not in contrary to and may have not been covered by the provision ofthe approved RAP;

b. If necessary, request the municipal /city council to pass a resolution toreduce penalties for delinquent business operators, i.e., those operatingwithout business permits and real property taxpayers;

c. Perform the oversight function in the planning, implementation, andmonitoring and evaluation of resettlement-related activities including, butnot limited to: Implementation and monitoring of rental allowances; and Provision of resettlement assistance to legal/private affected

households.d. Implement the LRIP particularly for the following:

Affected businesses, e.g., commercial, agricultural, aquaculture,institutional, industrial, and manufacturing;

Affected micro-businesses (home-based or non-home-based); and Displaced employees and workers of affected businesses.

e. Act as the implementing arm of the TWG and the PMO in the actualexecution of plans and programs for resettlement and livelihood restorationand the provision of social services at each LGU;

f. Consolidate and mobilize resources at the local level to hasten efficientimplementation of the RAP; and

g. Review, deliberate, and provide resolutions and actions on grievanceselevated to the RIMC.

491. The RIMC is composed of the following:

Table 10-121: Composition of the RIMCCommittee Members1

Main Committee

Chairman: Project Director of the DOTr's MCRP PMO Co-chairman: Chief Executive, City/MunicipalityMembers:DOTr's Legal Office RepresentativesDOTr's Right-of-Way and Site Acquisition (ROWSA) CommitteeRepresentativeLGU's Administrator/Legal Office RepresentativeLGU's Housing and Resettlement Office (HRO)/LHO HeadLGU's Local Economic and Investment Promotions Office(LEIPO)/PESO/City Development Office (CDO) HeadLGU's Assessor’s Office RepresentativeLGU's Engineering Office RepresentativeLGU's Business Permit and Licensing Office (BPLO) RepresentativeLGU's Social Welfare Department RepresentativeDTI RepresentativeNHA RepresentativeBarangay ChairpersonRepresentative of formal APsRepresentative of Non-land owner (NLO) families

2

Sub-committee on ROWAcquisition

Head: MCRP PMOMembers:DOTr's Legal Office RepresentativeLGU's Legal OfficeLGU's Assessor’s Office RepresentativeLGU's BPLO RepresentativeLGU's Engineering Office Representative

3 Sub-committee onHead: MCRP PMO

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Committee Members

Relocation

Members:LGU's LHO HeadNHA RepresentativeCHR RepresentativeLGU RepresentativeRepresentative of formal APsRepresentative of Non-land owner (NLO) families

4

Sub-committee onLivelihood Restoration

Head: MCRP PMOMembers:LGU's LEIPO/PESO/CDODTI RepresentativeTESDA RepresentativeLGU's SWDRepresentative of legal APsRepresentative of Non-land owner (NLO) familiesCSO representative

5

Sub-committee onGrievance

Head: MCRP PMOMembers:DOTr's Legal Office RepresentativeLGU's Legal Office RepresentativeBarangay ChairpersonRepresentative of legal APsRepresentative of Non-land owner (NLO) families


492. The following table describes the roles and responsibilities of RIMC members.

Table 10-122: Roles and Responsibilities of RIMC Members


Project Manager of theMCRP 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 and discussappropriate actions with RIMC members; and

Assign a dedicated secretariat.2

LGU's Chief Executive

Serve as the RIMC Co-chair; Make available local resources, networks, and programs for the

project to prevent duplication of works and tasks; Identify land for relocation sites; 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 and support to project implementers which includeson-time provision of services and, if needed, coordination to otheragencies.

3

DOTr's Legal OfficeRepresentative

Provide a legal opinion on EJS cases and other land acquisitionissues;

Coordinate with NGAs and LGU offices to determine how APscan be assisted by the DOTr in securing documents regardingtheir properties;

Draft and review project-related policies; and Initiate the filing of expropriation cases if needed.

4City Administrator/LegalOffice Representative

Provide a legal opinion on grievances and issues related to localpolicies and processes; and

Provide a legal advice on how APs can be assisted by LGUs insecuring documents regarding their properties.

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Barangay Chairperson

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.6

Representatives of landowners

Represent formal APs in the committee; Gather issues and questions of legal APs and present them to

the committee for discussion; Make clarification on agreements and disseminate accurate

information to other legal APs; and Gather and present recommendations of land owners on

resettlement options (self-relocation and assisted resettlement).7

Representatives of non-land owners/ISFs

Represent informal APs in the committee and represent thecommittee to informal/non-land owners APs;

Gather issues and questions of APs and present them to thecommittee for discussion;

Make clarification on agreements and disseminate accurateinformation to other APs; and

Gather and present recommendations of non-land owners/ISFson relocation issues.

8

Representatives of PIACmember agencies

Attend meetings and provide updates on the progress ofactivities/programs assigned to their respective agencies; and

Report the status of RAP implementation at the LGU level to theirTWG and PIAC representatives and inform them ofimplementation issues that can be addressed at the higher levelof their respective agencies.

9

Other members

Attend meetings and provide updates on the progress of tasksassigned to their office/unit; and

Inform the committee on implementing issues and recommendsolutions.


493. There are four RIMC sub-committees. Their roles and responsibilities aresummarized in Table 10 -123.

Table 10-123: Roles and Responsibilities of Sub-Committees of the RIMC

Sub-committee Function Roles and Responsibilities

Sub-committee onROW Acquisition

The Sub-committee on ROWA willwork with the DOTr'sTWC/ROWSA Committee in landand other real propertyacquisition. It will be composed ofrepresentatives from the ROWSACommittee, the DOTr's LegalOffice, and the following LGUoffices: (i) Legal Office, (ii) CityAssessor’s Office, (iii) BPLO, and(iv) Engineering Office. Arepresentative from legal APs willalso be elected as a member ofthis sub-committee.

Monitor the issuance of the NoT; Review and verify the list of affected real

properties; Conduct due diligence on the documents

presented by a property claimant; Expedite, as appropriate, the issuance of

certified true copies of tax declaration forland and improvements or improvementsonly as well as other documents that maybe required.

Expedite, as appropriate, the issuance oftax clearances;

Facilitate the issuance of businesspermits/licenses to APs who operate theirown businesses;

Make a representation, as appropriate, tothe city/municipal councils to requestnecessary resolutions that would relaxstringent local ordinances that may inflict

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Sub-committee Function Roles and Responsibilitiesfinancial burdens to APs;

Identify other means to assist APs insecuring necessary documents to avoidexpropriation as much as possible; and

Prepare a list of legal APs who refuse theOffer to Buy (OTB) and endorse it to theDOTr’s Legal Department for the filing ofexpropriation cases.

Sub-committee onRelocation

The Sub-committee on Relocationwill consist of the Local HousingHoard (LHB) and will be chairedby mayors.

Validate the list of affected non-landowners/ISFs;

Verify eligibility and pre-qualify thefamilies;

Finalize the list of vulnerable households; Facilitate the issuance of necessary

permits and certificates for the ROWclearing;

Facilitate the issuance of building permitsto developers of relocation sites;

Link APs to developers with existing Pag-IBIG properties within the samecity/municipality which they are comingfrom;

Facilitate the construction of basic andsupport social service facilities such asdaycare centers, health centers, schools,livelihood centers;

Coordinate with DepEd to facilitate theseamless transfer of students;

Coordinate with the DOH to facilitate theseamless transfer of health records ofAPs to continue access of healthservices in their new locations; and

Ensure that all activities related toclearing of structures, demolition, oreviction are in accordance withprovisions of the relevant laws and ADBand JICA guidelines.

Sub-committee onLivelihood Restoration

The Sub-committee on LivelihoodRestoration will work with theDOTr's MCRP PMO in the LRIPimplementation. It will becomposed of representatives froman LGU'sLEIPO/PESO/CDO/SWD, theDTI, TESDA, and representativesfrom legal and informal APs.

Prepare an action plan for the LRIP incoordination with the concerned LGUoffices, the DTI, and TESDA;

Identify and address gaps; Execute the action plan along with the

creation of special programs for affectedAPs and businesses;

In coordination with TESDA and othergovernment agencies, conduct a seriesof skills training and financialmanagement training;

Inform APs on skills required duringconstruction and operation of the project;

Assist affected businesses and APs whowant to engage in Micro Small andMedium Enterprise (MSMEs) in re-establishing/establishing theirbusinesses;

Conduct due diligence on the numberand identity of employees who will losejobs due to the closure of businesses asa result of ROW acquisition;

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Sub-committee Function Roles and Responsibilities Assist displaced wage-based APs in

finding similar works with equal pay in aplace near relocation sites;

Support city/municipal social welfaredepartments in the provision ofrehabilitation assistance to vulnerablegroups amounting to PhP 15,000 in theform of skills training and development;and

Lobby an LGU's PESO or livelihoodoffice for the prioritization of livelihoodimplementation.

Sub-committee onGrievance

The Sub-committee on Grievancewill work hand-in-hand with theMCRP PMO in the GRMimplementation. It will becomposed of representatives fromthe DOTr's Legal Office, an LGU'sCity Legal Office, BarangayChairperson, representatives offormal APs, and representativesof informal APs.

Maintain the Help Desk that is accessibleto APs;

Provide responses or offer solutions togrievances in a timely manner;

Endorse unresolved grievances toappropriate levels of the GRM; and

Document grievance processes that APsgo through and how grievances areresolved.


494. The figure below shows the composition and structure of the RIMC as of February2020.

Figure 10-19: Composition and Structure of the RIMC (as of February 2020)


495. Local Government Unit (LGU). Local relocation practices distinguish “sendingLGU” from “receiving LGU”. The sending LGU refers to the LGU where APs will bedisplaced, while the receiving LGU refers to the LGUs where APs will be transferred orresettled. However, for the purpose of clarity and in case that in-city relocation is not viablefor this project (section), the roles of sending and receiving LGUs are described separatelybelow:

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Sending LGUa. Mobilize local resources, networks, and programs for the project to prevent

duplication of works and tasks;b. Initiate or endorse the drafting of needed policies to align with local

ordinances and project resettlement policies upon the request of theMCRP PMO or the RIMC;

c. In coordination with LGU offices/departments, make information availableand accessible to project implementers;

d. Inform the MCRP PMO on the dynamics within LGUs and how APs can beassisted in securing documents regarding their properties;

e. In coordination with the MCRP PMO and the NHA, provide assistance inthe relocation of NLOs/ISFs;

f. Assist the DOTr and the NHA in verifying APs who are not in the originalmaster list but are claiming to be bona fide residents prior to the declaredcut-off date;

g. Conduct a pre-relocation orientation to qualified APs jointly with the NHA; h. Provide an inventory of public and private land and identify possible areas

for relocation sites within their LGU;i. Identify off-city/municipality sites (if in-city/municipality relocation is

unavailable) and recommend the local executive to forge an agreementwith the proposed receiving LGUs regarding accommodations ofrelocatees from their LGU;

j. Facilitate fast issuance of business permits and licenses for affectedbusinesses;

k. Instruct LGU officers, staff, and barangay officials to give full cooperation toproject implementers such as on-time provision of services and, if needed,coordination to other agencies; and

l. Facilitate the issuance of the Certificate of Compliance by the LocalHousing Board (LHB) APs and clearing of ROW showing that all legalrequirements have been satisfactorily complied.

Receiving LGU a. Issue a memorandum order to all LGUs' department heads to fast-track the

issuance of permits and licenses related to resettlement and developmentof socialized housings;

b. Manage and maintain socialized housing sites within their city includingpublic facilities (roads, drainage), utilities (power, water andcommunication), community/social services facilities (schools, healthcenters, livelihood centers, etc.) and other services (solid wastemanagement and peace and order);

c. Propose and create a policy on the use of (amortization) reflows; and d. Create local programs and policies geared towards making relocation sites

sustainable and livable.

496. LGU offices will carry out specific tasks as members of the RIMC as describedbelow:

Local Housing Board, Local Housing Office, or City Urban Development and HousingOffice

a. Serve as the local clearing house of all relocation and resettlementactivities for non-land owners/ISFs, and resolve issues and concerns thatmay arise in the validation of census and tagging, dismantling operation,and planning and development of resettlement sites;

b. Guide the DOTr's PMO to acquire the Certificate of Compliance prior to thedisplacement of APs and dismantlement of structures; and

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c. Maintain and manage relocation sites (post-relocation).

LGU's Public Employment Service Office or Livelihood Officea. Identify local livelihood programs that can include APs;b. Provide information on local employment that can be offered to APs; andc. Prioritize matching and provision of jobs to APs.

LGU's Assessor’s Officea. Provide property-related information as may be needed by the PMO and

the RIMC/LHB;b. Advise or assist APs in securing necessary documents related to their

affected properties; andc. Provide a list of private-and government-owned idle lands that may be

suitable for relocation sites within each LGU.LGU's Engineering Office

a. Provide information on or building plans of affected structures; andb. Facilitate fast issuance of building permits for relocation sites.

LGU's Business Permits and Licensing Officea. Facilitate fast issuance of business permits and licenses for affected

businesses; andb. Create a special lane/window for affected businesses and fast-track

applications for permits and licenses.

LGU's Social Welfare Officea. Implement the provision of rehabilitation assistance to vulnerable groups

amounting to PhP 15,000 per household in the form of vocational trainingand development;

b. Re-evaluate the profile of vulnerable APs who are not yet beneficiaries ofDSWD programs, assess their eligibility, and facilitate membership toDSWD programs if found qualified;

c. Provide social workers or caregivers to vulnerable households duringrelocation; and

d. Provide social workers to monitor vulnerable families after relocation.

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11. CHAPTER 11: RAP IMPLEMENTATION SCHEDULE

A. Implementation Schedule of Construction

497. Civil work contracts can be awarded after the DD based RAPs have been approvedby ADB and JICA and endorsed by DOTr. Civil works will prioritize project areas that are freeand clear.64 Works on land that have resettlement impacts can only commence aftercompensation and required assistance have been provided in full. The project completion isexpected by end of January 2024.

B. Schedule of RAP

498. The general implementation schedule for the RAP is shown in Table 11-1. Thisschedule will be updated periodically by the Project Management Office (PMO) and sharedamong the members of the Project Inter- Agency Committee (PIAC), Technical WorkingGroup (TWG), RAP Implementation Management Committee (RIMC) and Local HousingBoard (LHB). For the institutional arrangements for RAP implementation, please refer toChapter 10. The activities presented in Table 11-1 are explained in detail below:

C. RAP Implementing Institutions

499. Creation of PIAC, TWG, RIMC, GRM. – refers to the creation of special units toassist DOTr in implementing the RAP. As discussed in Chapters 9 and 10 of this RAP, PIACand TWG have been created and RIMC and Helpdesks were set-up in each LGU.

500. Coordination with LGUs. DOTr, through the MCRP PMO, coordinates with theLGUs and the RIMC and LHB of respective LGUs, and determines the assistance that mustbe provided. During this coordination, DOTr also determines the basic social services andlivelihood assistance that may be provided by the LGUs and identifies the gaps that need tobe addressed. Various coordination meetings were conducted with each LGU namely: (i)IEC meetings; (ii) consultation meetings with other agencies; (iii) Local Housing Boardmeeting; and (iv) other livelihood coordination meetings with each LGU.

501. Appointment of APs representatives to RIMC. This indicates when an AP isnominated and selected as representative of the APs in their respective LHB/RIMC.

502. Set-up Helpdesk and GRM. The GRM was set-up during the DD phase and willcontinue until the completion of the construction of the project. The GRM Help Desks wereset-up in each LGU and operational once a week for AP’s queries. The Help Desk is staffedby a DOTr LGU GRM focal person. Details on the set-up and processes of GRM isdiscussed in Chapter 10.

D. Land Acquisition

503. Issuance of Notice of Taking. Once the list of affected properties and rightfulowners was identified and finalized, the list will be forwarded to the Office of theUndersecretary for Railways for his approval. Once this is secured, MCRP PMO will issuethe Notice of Taking (NoT) signed by Undersecretary for Railways, through registered mail.The timely issuance of NoT provides ample time for PAPs to prepare the requireddocuments for compensation, and so avoid expropriation due to non-submittal of such. Thedate when the PAP received the NoT marks the cut-off-date for legal PAPs and no more

64 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 nonusage for income generating purposes.

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improvement of structures may be done thereafter. Any improvements introduced afterissuance of NoT will no longer be compensated.

504. Appraisal of Affected Properties. Appraisal of affected properties to assesscompensation rates for land, structures, trees and crops was conducted by IPA/LBP. Theresult of this appraisal becomes the basis of the amount indicated in the Letter Offer to eachAP.

505. Issuance of Offer to Buy. Once the properties have been appraised and RAP hasbeen approved by JICA and ADB, MCRP PMO will start the issuance of Offer to Buy (OTB)by segment. It does not need to wait for the GFI to finish the appraisal for the wholealignment. Upon the concurrence and certification of the TWC, the Undersecretary forRailways will issue the Letter Offer through registered mail. The 30-day policy in acceptingthe offer starts from the day the AP receives the Letter Offer based on the records of theregistered mailing service.

506. Issuance of ADRI / Deed of Absolute Sale. An Agreement to Demolish andRemove Improvements (ADRI) and Deed of Absolute Sale will be sent to APs to allow DOTrto enter the property and demolish on an agreed date after the payment of compensation.

507. Payment to APs. DOTr, upon the concurrence of the TWC, will initiate payment ofcompensation to APs after 30 days upon the issuance of Offer to Buy. Initial payment ofcompensation cost to legal APs will be paid only after DD RAP approval.

508. Expropriation Proceedings. Filing for expropriation will ensue if (i) the AP refusesthe offer of DOTr or (ii) the AP failed to present required documents to support his/her claimof ownership to the affected property within 30 days upon receipt of Letter Offer.Expropriation proceedings is explained in detail in Chapters 4 and 6 of this RAP.

509. Relocation of Utilities. MCRP PMO will coordinate with utility owners for them toclear utilities from the ROW and ascertain if any involuntary resettlement impacts wouldresult. DOTr will take responsibility for provision of compensation and assistance as per therequirements of the RAP in case impacts cannot be avoided.

E. Provision of Livelihood Restoration and Improvement Program

510. Coordination with Relevant Agencies on Provision of Livelihood. Coordinationwith relevant agencies has started prior to the implementation of LRIP and will continueduring its implementation. RIMC in each LGU is responsible for monitoring APs who wereprovided livelihood assistance and making sure that all APs’ livelihoods and incomes havebeen restored to pre-project condition upon project completion.

511. Prepare Masterlist of APs of APs to take part on LRIP. Once the LRIP Masterlistof AHs is finalized, RIMC will further verify the household members who will avail of LRIP.The beneficiaries under each provision of the LRIP for each household will be confirmed.

512. Inform and Make Necessary Arrangement for APs to Enrol to Trainings duringCommunity Organizing. During the community organizing, DOTr informs the APs about theLRIP and its arrangement. Additional consultation meetings will be organized in each LGU toinform the APs.

513. Implementation of LRIP. Implementation of the LRIP will commence prior torelocation to ensure that APs will be well equipped with skills and required resources torestart their lives at the relocation sites as well as their temporary accommodation.

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Implementation of LRIP will be carried out up to the end of the construction period. Detailson the packages and livelihood assistance are indicated in Chapter 8.

514. Monitoring of the Implementation of LRIP. DOTr MCRP PMO conducts internalmonitoring of the implementation of LRIP, identifies gaps and recommends solutions tothese gaps. Additionally, an External Monitoring Agent (EMA) being hired will conductmonitoring during the whole duration of the project.

F. Relocation of Utilities

515. 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.

516. In the event that public utilities relocation produces involuntary resettlementimpacts, then such impacts will be considered as impacts under the scope of RAP andmitigated in line with the provisions of this RAP.

517. 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 eventof utility relocation causing impacts. The relocation will be undertaken in coordination withrespective utility providers and/or government entities. DOTr has set aside a provisionalsum in the overall RAP budget to meet the costs of such eventualities.

518. During preparation of the DED-based RAP, detailed planning of utility relocationand assessment of potential impacts had not yet been undertaken. Accordingly, during RAPimplementation, the following arrangements will be undertaken to assess, manage andmitigate potential 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 sitesto assess 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 prepare anAddendum 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

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519. Set-up Monitoring Agents. The Internal Monitoring is undertaken by the DOTrMCRP PMO. External monitoring is undertaken by an EMA engaged by the DOTr. (Pleaserefer to Chapter 13 for details on internal and external monitoring.) Following finalization ofthe Replacement Cost Study (RCS) report prepared by the Independent Property Appraiser/Government Financing Institution (IPA/GFI) and prior to RAP implementation, the EMAprepares a report to validate the IPA valuation methodology and that compensation unitrates are at replacement cost. Furthermore, upon completion of disbursement ofcompensation and assistance in any given section, the EMA will prepare a completion reportto provide verification if the resettlement implementation is in compliance with the provisionsdefined in the approved DED RAP and if payment of compensation and other entitlements toAPs were in accordance with the entitlement matrix and fully disbursed to APs. Thecompliance report will be reviewed by ADB and JICA prior to clearance to the contractor forcivil works commencement for each section.

G. Arrangements for Implementation of RAP

520. Implementation of the RAP is undertaken by the MCRP PMO with assistance fromthe RIMC, and in coordination with the respective LGUs. The roles and responsibilities arebriefly described in Chapter 10. As reflected in the implementation schedule, the creation ofthe MCRP PMO, RIMC and coordination with LGUs started from April 2019. As part of theGrievance Redress Mechanism, a Central Hotline was set-up in December 2018, and HelpDesks were set-up for each concerned LGU from July 2019.

H. Information Dissemination and Consultation

521. All information on resettlement activities – from pre-relocation to post-relocation –were made available to APs and concerned parties throughout the project in accordance tothe communication plan developed for the Project. This includes information on the legalframework, eligibility criteria, processes and documents for relocation and receiving justcompensation, options for resettlement sites, as well as compensation and other forms ofassistance. Mechanisms for information disclosure at each stage of project implementationis presented in Chapter 7 of this RAP.

223

Table 11-124: RAP Implementation ScheduleActivity Responsib

le Agency2019 2020 20211 2 3 4 5 6 7 8 9 1

011

12

1 2 3 4 5 6 7 8 9 10

11

12

1 2 3 4 5 6 7 8 9 10

11

12

Establishment of RAPImplementation Institutions

Helpdesk and GRM Operations PMO,RIMC, LGU

PIAC and PIAC-TWG Operations PMO

RIMC Operations and Coordinationwith LGU

LGU, PMO,PNR

Coordination with LGUs LGU, PMO,PNR

Appointment of AH representative inRIMC

PMO,RIMC, LGU

Compensation for Loss of Assets

Issuance of Notice of Taking PMO

Appraisal of Affected Land, Structures,Crops and Trees by IPA/GFI

PMO

Validate Submitted DocumentaryRequirements from APs

PMO

Issuance of Offer to Buy and/orCompensate

PMO

Update RAP to reflect budget based onappraised values.

PMO

Issuance of ADRI/Deed of AbsoluteSale

PMO

Payment to APs PMO

Expropriation Proceedings (ifapplicable)

PMO

Clear ROW APs, PMO,LGU

Relocation of Utilities

Preparation of due diligence report onutility relocation

PMO

Preparation of Addendum RAPcovering utility relocation as required.

PMO

Provision of LRIP

LRIP Implementation PMO

224

Activity Responsible Agency

2019 2020 20211 2 3 4 5 6 7 8 9 1

011

12

1 2 3 4 5 6 7 8 9 10

11

12

1 2 3 4 5 6 7 8 9 10

11

12

Monitoring of RAP Implementation

Conduct Internal and ExternalMonitoring

PMO, EMA

Source: JICA Design Team and DOTr

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12. CHAPTER 12: COST AND BUDGET FOR RESETTLEMENT ANDACQUISITION OF LAND ASSETS

522. The estimated cost for implementing the RAP for the MCRP (Clark Extension) isPhP 8,383,816,491 as presented in Table 12 -125.

523. The budget in this version of the RAP is based on values appraised by the LandBank of the Philippines (LBP) as an independent appraiser engaged by the DOTr. The LBPis also a Government Financing Institution (GFI). It prepared the valuation report whichprovides the compensation amounts applied to prepare the resettlement budget.

524. The result of this appraisal becomes the basis of the amount indicated in the LetterOffer to each AP. (Chapter 4, Section J describes the principles and methodology fordetermining compensation at replacement cost.)

525. The RAP budget will be updated and finalized during the implementation of thisRAP following assessment of the documentary requirements submitted by the APs. DOTr asthe implementing agency shall provide fund allocation for the implementation of this RAP.

526. 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 and this will serve asthe basis for RAP implementation monitoring.

Table 12-125: Estimated RAP Implementation CostActivity Cost Item QTY & UNIT Amount (PhP) Remarks

A. Land andStructuresAcquisition

Land 701,517 m2 3,673,926,523 Estimated based on themarket values.

Structures2,066structures

1,711,276,249

Estimated based onreplacement cost as defined inR.A. 10752

Associated Cost Assortment 297,434,297 Cost for transfer, land title

registration and issuances

Subtotal for (A)5,682,637,069

B.ResettlementAssistance

Rental Subsidy forSelf-Relocation

514 HH 38,550,000

For APs who will self-relocate,rental subsidy will be providedequivalent to 5 months ofrental payment for analternative dwelling

TransportationAssistance

514 HH 5,140,000

Transportation to the newdwelling inclusive oftransportation of householdfurniture and salvageablematerials

Reconnection fee forutility

514 HH 8,527,774 Connection fee for water,electricity, telephone andinternet

Food Allowance 2,418 HH members 1,089,000 PhP 150 for relocating APsduring relocation schedule (3days)

Allowance onHardship Due toVulnerability andPersons RequiringSpecial Care

274 HH

3,316,240

Inconvenience allowance forvulnerable households andMAT

Subtotal for (B)

56,623,014

226

Activity Cost Item QTY & UNIT Amount (PhP) Remarks

C. LivelihoodAssistance

Income Loss(enterprise)

605 Businesses

14 InstitutionalEnterprises

391,508,117

Compensation for income lossfor micro business declaredincomes, including cashcompensation for incomelosses for 6 months andtransitional cost.

TransportationAssistance

605 Businesses

14 InstitutionalEnterprises

6,190,000

Transportation to the newplace of business inclusive oftransportation of minormovable assets.

Income Loss(employee)

2,538 APs 146,565,957Compensation for income lossfor employees/workers

Income Loss(agricultural tenantsand sharecroppers)

5 AP -

Compensation equivalent tothe average gross harvest forthe past 3 years, not less thanPhP 15,000/hectare. Cannotestimate due to non-reportingof income.

Income Loss(landowners orlessees directlyengaged in farming)

9 APs -

Disturbance compensationequivalent to 5 times theaverage gross harvest for thelast 5 years on the principaland secondary crop. Cannotestimate due to non-reportingof income.

Rental Subsidy(Business Enterpriseand Institutions)

170 Business (withland owner’spermission)

9 Institutions (withlandowner’spermission)

8,235,673

Rental subsidy equivalent to 3months prevailing rate in thevicinity of equal size.

LRIP Cost Assortment 71,857,500

Cost to be transferred to NGAsand LGUs for the organizationof trainings

Subtotal for (C)624,357,247

D. Non-landasset andimprovement

Compensation for fruit-bearing, and timbertrees

2,662 16,619,689 Market value of potentiallyaffected fruit and timber treesand other crops.

Compensation foraquaculture produce

- -

Market value of potentiallyaffected aquaculture produce.

Aquaculture produce isexpected to be eitherharvested or transferred attime of land acquisition. Anyresidual stock will be assessedprior to displacement.

Contingency cost forpayment of annualcrops

3,323,938 20% of compensation forcrops and trees

Subtotal for (D) 19,943,627 E. RAPImplementation andMonitoring

Cost for RAPImplementingInstitution

7 LGUs 10,500,000Budget for operating RIMCand LIAC

Cost to operate GRM 7 LGUs 5,479,200Office supplies and recurringexpenses to operate the HelpDesk

Cost for continuinginformation disclosure

7 LGUs 190,000Printing of informationmaterials

Internal MonitoringCost

48 months 4,800,000 During RAP Implementation

External MonitoringCost

Once 9,000,000 Mobilization of EMA

227

Activity Cost Item QTY & UNIT Amount (PhP) RemarksSubtotal for (E) 29,969,200

Total(A+B+C+D+E)

6,413,530,157

F.AdministrativeandContingencyCost

Provision of PublicAccess65

1,136,527,41420% of Total (A)

Administrative Cost192,405,905

3% of Total (A+B+C+D+E)

Contingency641,353,016

10% of Total (A+B+C+D+E)

Grand Total(A+B+C+D+E+F)

8,383,816,491

A. Cost of Required Land

527. The Project requires that acquisition of 701,517 square meters of land, estimatedto cost PhP 3,673,926,523 at current market value. The estimates of land area and total costinclude the acquisition of residual land due to severe impacts. Actual compensation per landowner can only by determined during the implementation of the RAP when documentaryrequirements have been submitted by the APs.

Table 12-126: Summary of Affected Lands and Costs

City/

Municipality

Estimated ProjectLand Take (m2)

Total Cost (PhP)

Malolos 23,130 134,393,441Calumpit 140,681 361,133,636Apalit 46,149 36,927,458Minalin 29,945 6,887,273Sto Tomas 14,178 28,027,515San Fernando 349,659 1,690,461,883Angeles 97,775 1,416,095,317Total 701,517 3,673,926,523

B. Replacement Cost of Affected Structures

528. The replacement costs of the affected structures were computed based on theappraised amount by LBP, in accordance with the Implementing Rules and Regulations ofR.A. 10752. This includes direct costs (i.e., cost of materials and labor) and indirect costs(i.e., professional fees, overheads, taxes, finance costs profit margin or entrepreneurial profitto the creator of the asset). Actual compensation for structures can only by determinedduring the implementation of the RAP based on the final determination of severity of impactfor the structures and when documentary requirements have been submitted by the APs.

C. Resettlement Assistance

529. Rental Subsidy. The rental subsidy is given to availing households based on theprevailing rental rate in the respective LGU for residential structures units mostly made ofconcrete and permanent materials located in private properties with access to basic utilitiessuch as water and electricity and communication services. based on the information given bythe LGU.

65 Additional land and structure acquisition will be needed for the provision of access in the event of land locked or loss ofaccess to/from communities adjacent to the project ROW.

228

Table 12-127: Cost of Rental Subsidy

City/MunicipalityNo. of

Beneficiary

Monthly RentalFee by LGU

(PhP)

ProvidedMonths

Total Amount

(PhP)

Malolos 14 15,000 5 1,050,000Calumpit 66 15,000 5 4,950,000Apalit 28 15,000 5 2,100,000Sto. Tomas 10 15,000 5 750,000San Fernando 295 15,000 5 22,125,000Angeles 101 15,000 5 7,575,000Total 38,550,000

Source: DOTr/GCR

530. Connection Cost for Utilities. The basic utilities being considered for APs includewater and electricity. The cost for the reconnection of utilities is based on the publishedcharges of utility companies which reflects installation cost for water and bill depositequivalent to 5.00 KW consumption for electricity, as summarized in Table 12 -128.

Table 12-128: Cost of Connection of Basic Utilities

City/MunicipalityNo. of

BeneficiaryCost (PhP) Subtotal

Water

Malolos 14

9,712

135,968Calumpit 66 640,992Apalit 28 271,936Sto. Tomas 10 97,120San Fernando 295 2,865,042Angeles 101 980,912Subtotal 4,991,968

Electricity

Malolos 14

4,580

64,120Calumpit 66 302,280Apalit 28 128,240Sto. Tomas 10 45,800San Fernando 295 1,351,100Angeles 101 462,580Subtotal 2,354,120

Others66

Malolos 14

2,299

32,186Calumpit 66 151,734Apalit 28 64,372Sto. Tomas 10 22,990San Fernando 295 678,205Angeles 101 232,199Subtotal 1,181,686Total 8,527,774


531. Transportation assistance. Transportation assistance will be provided in terms ofhiring trucks to transport relocating APs, including their families and belongings. The cost for

66 Reconnection cost for internet and landline bundle shall be provided for those who have existing connection.

229

transportation assistance for relocating households is calculated based on PhP. 10,000 perhousehold.

Table 12-129: Cost of Transportation Assistance

City/Municipality

No. ofBeneficiary

TransportAssistance

(PhP)

Total Amount (PhP)

Malolos 14 10,000 140,000

Calumpit 66 10,000 660,000

Apalit 28 10,000 280,000

Sto. Tomas 10 10,000 100,000

San Fernando 295 10,000 2,950,000

Angeles 101 10,000 1,010,000

Total 5,140,000 Source: DOTr

532. Should businesses and institutional establishments require transportationassistance for their movable assets, transport assistance will be provided. The cost fortransportation assistance for estimation purposes will be PhP 10,000 per business orestablishment.

533. Food Assistance. Food allowance will be provided to relocating APs. For foodallowance, PhP 150 will be provided per household member per day for three days.

Table 12-130: Cost of Food Assistance

City/Municipality

No. ofBeneficiary

(AP)

FoodAllowance (PhP)

No. of DaysTotal Amount

(PhP)

Malolos 61 150 3 27,450

Calumpit 292 150 3 131,400

Apalit 147 150 3 66,150

Sto. Tomas 68 150 3 30,600

San Fernando 1359 150 3 611,550

Angeles 493 150 3 221,850

Total 1,089,000 Source: JICA Design Team

D. Allowance for Hardship Due to Vulnerability

534. Inconvenience Allowance. As stipulated in Item 29 of the Entitlement Matrix(Chapter 6, Table 6-2) vulnerable groups will be entitled to an inconvenience allowanceequivalent to PhP 10,000 per household. Households with more than one vulnerability maybe provided additional assistance.

Table 12-131: Cost for Inconvenience Allowance

No. of Beneficiary(AH)

Amount ofAllowance

Cost of InconvenienceAllowance (PhP)

274 10,000 2,740,000 Source: JICA Design Team

230

535. Special Assistance. In terms of special assistance for vulnerable groups, costestimates are computed based on data obtained from the socio-economic survey aspresented in Chapter 3 (Refer to Table 3-8 and 3-9).

536. A total 343 households require special assistance during relocation. A ManpowerAssistance Team (MAT) composed of two persons, will be provided by DOTr for two days foreach family to assist in packing, moving, lifting and unpacking of their belongings and otheritems. The assisting staffs will be remunerated based on the minimum wage (PhP420/day)67.

Table 12-132: Cost for Special Assistance

CategoryNo. ofAH

No. ofAssistingStaff

Remunerationfor MAT

(PhP)

No. ofDays

Cost ofSpecialAssistance

(PhP)

Malolos 13 2 420 2 21,840Calumpit 39 2 420 2 65,520Apalit 21 2 420 2 35,280Minalin 0 2 420 2 0Sto. Tomas 6 2 420 2 10,080San Fernando 192 2 420 2 322,560Angeles 72 2 420 2 8,400Total 343 576,240

Source: DOTr

E. LRIP Cost

537. The Livelihood restoration and improvement Program (LRIP) cost is 624,357,247 asdetailed in Table 12 -125.

F. RAP Implementation and Monitoring

538. The budget for the implementation and monitoring was accounted in this RAP.Important items in the budget include the internal and external monitoring.

539. Internal Monitoring Cost. Internal monitoring for the whole MCRP Project iscurrently assumed to be conducted over a period of 48 months, from 2020 to 2024. Thisperiod is subject to change according to the construction schedule, and DOTr will adjust thebudget when necessary. The cost in lump sum for the internal monitoring is summarized inTable 12 -133.

Table 12-133: Budget for Internal Monitoring

Item DurationCost per Month(PhP)

Total (PhP)

Internal Monitoring 48 Months 100,000 4,800,000 Source: DOTr

540. External Monitoring Cost. DOTr will hire an EMA for the external monitoring of thewhole MCRP Project after the mobilization of the General Consultant (GC). Aftermobilization, the EMA will prepare one inception report, post-completion evaluation reports,

67 Minimum daily wage rate in Pampanga as per DOLE Wage Order No. RBIII-22 effective January 1, 2020.

231

semi-annual monitoring and evaluation reports and one final report, as indicated in Chapter13. The cost in lump sum for the EMA is summarized in Table 12 -134.

Table 12-134: Budget for External Monitoring

Item Duration Total (PhP)Mobilization of EMA 48 months 9,000,000

Source: DOTr

G. Funds for RAP Implementation

541. DOTr will be responsible for the allocation of the resettlement and land acquisitionbudget. This will include funds for the implementation of the RAP, including compensation,relocation and livelihood assistance, internal and external monitoring. The budget in thisRAP is based on values appraised by the Land Bank of the Philippines (LBP), a GFI and anindependent appraiser engaged by the DOTr. It prepared the valuation report which providesthe compensation amounts applied in the resettlement budget. The MCRP PMO/RIMC, incoordination with its other internal department or committee, will handle the compensationand payments of the APs.

542. If unanticipated involuntary resettlement impacts arise during projectimplementation, the DOTr will update the RAP or formulate a new RAP covering allapplicable requirements specified in this document.

232

13. CHAPTER 13: MONITORING AND EVALUATION

543. Given the magnitude of impacts of the project, Malolos Clark Railway Project(MCRP) has been categorized as A for involuntary resettlement safeguards according toADB’s policy guidelines. As such, all land acquisition and resettlement tasks under theproject will be subjected to internal and external monitoring. The monitoring exercise will beroutinely conducted by the DOTr MCRP PMO safeguards team. The external monitoring bya qualified and experienced External Monitor (EM) will be periodical, twice a year. The DOTrwill communicate the monitoring results quarterly to ADB, which shall be posted on the ADBwebsite. Indicators for the internal monitoring will be those related to the processes andimmediate outputs and results.

A. Purpose of RAP Monitoring and Evaluation

544. DOTr has put in place a monitoring system that tracks (i) whether the plannedresettlement activities for affected persons (APs) are delivered, (e.g., whether compensationfor lost assets are promptly paid) and (ii) whether the planned activities contained in theResettlement Action Plan (RAP) such as relocation and livelihood restoration achieve thedesired outcomes. An internal monitoring mechanism is in-placed that tracks the progress inthe delivery of physical and financial targets, resettlement assistance, and otherentitlements. An internal monitoring form will be utilized to generated reports of progresswhile external monitoring assesses the results and impacts of the RAP implementation andthe extent to which RAP objectives are being achieved. RAP External Monitoring Agent(EMA) will be engaged prior to the implementation of RAP. The Terms of Reference (TOR)for the EMA is in (Appendix 11).

B. Institutional Arrangement

545. The internal monitoring is being conducted by the MCRP Project ManagementOffice (PMO), while external monitoring will be carried out by independent monitoringspecialists.

C. Internal Monitoring

546. The tasks and obligations of the MCRP PMO on internal monitoring are thefollowing.

a. Supervise and monitor the implementation of the RAP on a regular basis;b. Review if the RAP is implemented as designed and planned and if not,

report any gaps and provide recommendation;c. Collect and analyze key resettlement data for reporting purposes;d. Verify if funds are released in a timely manner and if the amount is

sufficient for each activity and purpose;e. Validate compensation paid and verify if 100% compensation is paid prior

to relocation;f. Review grievances to ensure that they are recorded and addressed

properly in a timely manner; and g. Prepare required monitoring reports based on the format prescribed in the

RAP.

D. External Monitoring

547. The RAP requires an External Monitoring Agent (EMA) who will not be involved inthe day-to-day project implementation or supervision but will verify the RAP monitoringindicators and provide advice on safeguard compliance issues. If any critical involuntary

233

resettlement issues are identified, the EMA will prepare a corrective action plan. The EMAwill prepare and submit semi-annual reports through the DOTr to JICA and ADB. The termsof reference of the EMA can be found in Appendix 11. The EMA will review documentationand reports, hold discussions with project implementers and key stakeholders, conduct siteobservation visits, and consult with APs. The detailed tasks of the EMA are the following:

a. Review internal monitoring reports;b. Assess the extent to which consultation and disclosure activities are

inclusive, accessible, and effective in conveying key information from theRAP as well as provide conditions for APs to contribute to decision-makingwhich affects them, such as resettlement and livelihood restoration;

c. Verify if compensation and assistance is provided in accordance with therequirements of the RAP, checking whether it is done 100% prior toloss/relocation;

d. Assess whether resettlement objectives are likely to be achieved andspecifically whether livelihood and living standards are restored orenhanced;

e. Suggest modifications in the implementation procedures of the RAP, ifnecessary, to achieve its principles and objectives;

f. Review how compensation rates are determined; g. Validate compensation paid and verify if 100% compensation is paid prior

to relocation; h. Review the effectiveness of the Grievance Redress Mechanism (GRM) and

its accessibility and responsiveness to resolving complaints; andi. Prepare corrective action plans when necessary.

E. Reporting

548. The MCRP PMO will submit monitoring reports to JICA and ADB. The monitoringreports sent to JICA and ADB will be disclosed on their websites. The monitoring reports tobe prepared are summarized in Table 13 -135.

Table 13-135: Monitoring Reports

Type of ReportInternalMonitoring

ExternalMonitoring

FrequencyResponsibleParty

Submit toWhom

1InceptionReport ✓ One month after

mobilizationEMA

EMA ⇒DOTr, JICA,and ADB

2MonthlyMonitoringReport

✓

Monthly submissionfrom thecommencement of RAPvalidation on theprogress

MCRP PMO MCRP PMO

3QuarterlyMonitoringReport

✓

Quarterly submissionfrom thecommencement of RAPvalidation untilcompletion of the loan

MCRP PMO

MCRP PMO⇒ JICA andADB

4 LBPValuationreport andRCSVerificationReport

✓ Following finalization ofthe IPA/GFIReplacement CostStudy report and prior toupdated RAPimplementation

EMA DOTr, JICA,and ADB

234

Type of ReportInternalMonitoring

ExternalMonitoring

FrequencyResponsibleParty

Submit toWhom

4

Post-completionEvaluationReport

✓ ✓

(i). Upon thecompletion ofpayments ofcompensation andassistance of anygiven section to behandled over for civilworks.

(ii). six monthsfollowing completionof relocation topermanent relocationsites

(iii). two years afterthe completion ofrelocation focusing onthe LivelihoodRestoration andImprovement Program(LRIP)

MCRP PMO/EMA

MCRP PMO⇒ JICA andADB

5

Semi-annualMonitoringandEvaluationReport

✓ ✓Every six months untilthe end of the loanclosing

MCRP PMO/EMA

MCRP PMO⇒ JICA andADBEMA ⇒DOTr, JICA,and ADB

6FinalReport ✓ ✓ Upon loan closing

MCRP PMO/EMA

MCRP PMO⇒ JICA andADBEMA ⇒DOTr, JICA,and ADB

549. Inception Report. The Inception Report will be prepared one month after theNotice to Proceed (NTP) for the EMA engagement. The report will set out the proposedmethodology for achieving external monitoring objectives as well as finalize indicators formonitoring and reporting formats. The report will be reviewed and revised to addresscomments by the MCRP PMO prior to finalization.

550. Monthly Monitoring Report. The MCRP PMO conducts monthly monitoring ofactivities related to the RAP implementation. The monthly monitoring report focus on thefollowing:

Progress of the RAP implementation compared to planned activities includingland clearance and resettlement;

Stakeholder consultations held and key issues raised; Grievance redress cases and measures to address these cases; Schedule and completion of compensation payment activities during the

reporting period; Compensation and assistance disbursement compared to resettlement

budget; Identification and resolutions of outstanding issues of the previous months

and pending issues; and Recommendations and solutions compared to challenges faced during

implementation. 235

551. Quarterly Monitoring Report. The Internal Monitoring Report prepared by theMCRP PMO is reported quarterly to the DOTr, JICA, and ADB. Internal monitoring includesa monitoring form which clearly identifies the proposed input, output, and indicator. The draftquarterly monitoring report form is attached in Appendix 10.

552. Replacement Cost Study Verification Report. Following finalization of thevaluation report prepared by LBP as the IPA and prior to RAP implementation, the EMAprepares a report to validate the IPA valuation methodology and that compensation unitrates are at replacement cost.

553. Post-completion and evaluation Reports. The MCRP PMO will prepare post-completion and evaluation reports at the following stages of the RAP implementation: (i)upon completion of compensation disbursement and assistance with regards to any givensection to be handed over for civil works. The report will include verification that payment ofcompensation and other entitlements to APs were in accordance with the entitlement matrixand fully disbursed to APs in the area in question. The report will include a section onvulnerable APs. The compliance report will be reviewed by ADB and JICA and disclosed onADB website prior to clearance to the contractor for civil works commencement for eachsection; (ii) three months after completion of compensation payment for the entire RAP; (iii)six months following completion of relocation to permanent relocation sites; and (iv) twoyears after completion of relocation focusing on the livelihood restoration and improvementprogram (LRIP). On the other hand, EMA also needs to prepare the post-completion andevaluation report to confirm the information provided in the post-completion and evaluationreport prepared by the MCRP PMO. Through the reports, the evaluation will be made inaccordance with the agreed monitoring indicators and reporting formats to assess the extentto which living standards and livelihood of APs are viable and meet at least nationalminimum standards. The assessment will also indicate whether the provided assistance isappropriate and whether the DOTr needs to modify its assistance to enable the achievementof the RAP objectives.

554. The evaluation will assess the extent to which living standards and livelihoods ofAPs are viable and meet at least national minimum standards in accordance with the agreedmonitoring indicators and reporting formats. The assessment will indicate whether theassistance provided is appropriate and whether the DOTr needs to modify the assistance toenable the achievement of these objectives.

555. Semi-annual Monitoring and Evaluation Report. This will be undertaken by thePMO and the EMA every six months until loan closing.

556. Final Report. The final report will be prepared by the MCRP PMO and the EMA onloan closing and evaluate if the objectives of the RAP are achieved.

F. Monitoring Indicators

557. The following describes the internal and external monitoring indicators and suggestmeans of verification of the information. Temporary impacts due to construction will bemonitored and reported as part of monitoring of the Environment Management Plan and alsoreflected in the internal and external social monitoring reports.

558. The indicative internal monitoring indicators are shown in Table 13 -136 and theguide questions are indicated in Table 13 -137.

236

Table 13-136: Indicative Monitoring Indicators for Internal Monitoring

No. Category Checklist Means of Verification

1

Institutionalarrangementfor the RAPimplementation andcapacitybuilding

Establishment of necessary institutions withinthe DOTr for the RAP implementation(names/dates of establishment)

DOTr MCRP PMO structures andrelated orders

Status of signing of anagreement/Memorandum of Agreement(MOA) with other/external agencies(names/dates of signing)

Status of MOAs

Status of recruitment of land acquisition andresettlement staff

Monthly record of staff numberand their assigned position

Details of capacity building of the staffengaged in the RAP implementation

Training records and attendancesheets

Details of orientation workshops for other/lineagencies involved in the RAP implementation

Training records and attendancesheets

2Fundavailabilityand allocation

Availability of required funds with the DOTrfor the RAP implementation as planned

Allocated funds compared toplanning

Allocation of funds to resettlement agenciesas per schedule (names of agencies/dates oftransfer/amount etc.)

DOTr fund transfer records andhearing from agencies ondownloaded funds and dates

3Identificationandnotification

Number of Informal Settler Families(ISF)s/APs

Finalized Masterlist

Issuance of the Notice of Taking (NoT), theOffer to Buy (OTB), etc.

DOTr records of issued NoT/OTBcompared to planning

Identification and verification of ISFs/APs DOTr validation recordsIdentification and verification of APs eligiblefor housing schemes

DOTr validation records

Identification and verification of APs eligiblefor social housing schemes

DOTr validation records, NHAvalidation records

Identification and verification of APs ineligiblefor social housing schemes

DOTr validation records/NHAvalidation records

Identification and verification of vulnerableAPs


Identification and verification of other APswith no permanent dwelling


Identification and verification of LandRestoration and Improvement Plan (LRIP)beneficiaries

Final list of LRIP Beneficiaries

4

Resettlementpreparationand siteselection

Number of Available social housing units withthe NHA

NHA list of available housing units

Number of Organized of Housing ExhibitsRecord of organized housingexhibits and participant lists

Progress and schedule of housingconstruction by the NHA

Actual status of housingdevelopment compared toplanned schedule and the latestschedule

Number of consultation and agreement withAPs on available housings conducted andagreed

Records of consultations andagreements

Status on the creation of social infrastructureat resettlement sites

Actual status compared toplanned schedule and the latestschedule.

Number of consultation and site selection byAPs

Records of consultations andparticipant lists

Number and status of signing of agreementswith APs for social housing units

Signed agreements

Progress and schedule of delivery of socialhousing units

Actual status compared toplanned schedule and the latestschedule.

237

No. Category Checklist Means of Verification

5

Payment ofcompensation and self-relocation

Status of completion of a validation andreplacement cost survey

Government Financing Institution(GFI) reports

Status of finalization of the Masterlist for self-relocation

Finalized Masterlist

Payment of full compensation for land,structures, and otherproperties/improvements/assets

Record of payment statuscompared to planned paymentsschedule and amount, andInterview to APs

Details of payment of various assistances toAPs (including rental subsidies, foodallowances, transportation allowances, etc.)


Status of payment of various assistance forAPs


Number of APs who receive specialvulnerable assistance


Number of Signed Agreement to Demolishand Remove Improvement (ADRI)

Signed ADRIs and Interview toAPs

6Project-assistedresettlement

Number of APs availing of social housingunits and Pag-IBIG housing support

Final Masterlist

Number of APs resettledDOTr / NHA records on AP’sresettlement status

Number APs who relocate to temporaryaccommodation

DOTr records of relocation statusto temporary accommodation

Number of APs who receive specialvulnerable assistances

DOTr records of provision statusof special assistance

7Consultationanddisclosure

Number of consultations with APs duringresettlement preparation

Record of consultations andparticipant lists

Number of consultations with APs for siteselection

Record of consultations andparticipant lists

Number of disclosures of communicationmaterials including construction schedulesdisseminated

List of distributed materials andInterview to APs

Number of women and vulnerablegroups/people participated in consultation

Record of consultation /attendance sheet and Interview toAPs

8 LRIP

Number of identified livelihood restorationand improvement measures

Finalized LRIP for each APs

Number of identified APs with specificlivelihood restoration program

Finalized LRIP Beneficiary list

Number of signed agreements with serviceproviders

Signed MOAs / Agreements

Number of conducted LRIP workshops Records of Workshop andattendance sheet

Number of assistances provided for financialmanagement

Records of providedassistance/organized trainings

Number of Assistance provided for securingsoft loans

Records of providedassistance/provided soft loansand participant lists

Number of provided Vocational trainingsList of provided trainings andparticipant lists

Number of employment opportunities to APsduring construction of the project versus thepercentage of APs who obtain employment

Records of Job fairs/APs whowere hired and participant lists

9 GRM Number of the Hotline established Operational phone numbers

238

No. Category Checklist Means of VerificationRecords of phone calls

Number of operational Help Desks / RIMCSub-committee on Grievance

Record of grievances receivedand addressed per level

Number of established and operational HelpDesks

Established Held Desk withphotos

Number of training for GRM staff completed Record of trainings and participantlists

Number/type of grievances received at eachlevel

GRM records in the GRMdatabase

Number of resolved/unresolved grievancesGRM records in the GRMdatabase

10Restorationof publicfacilities

Number/type of public facilities to be restored Verified As-build Masterlist

Number/type of public facilities restoredDOTr records/On-site visitcompared to As-build Masterlist

11Handover ofland for civilworks

Total Area/length of the ROW handed overby the PNR

MOA

Total Area/length of other government-ownedland handed over

MOA

12

Gender-disaggregatedresettlementandrehabilitationinformation

Number of woman-headed families Final AH Masterlist

Number of woman-headed families which optfor self-relocation

Record of AHs’ relocationpreference based on DOTrvalidation

Number of woman-headed families whichreceive full compensation

Final AH Masterlist compared torecords of compensation payment

Number of woman-headed families whichreceive all kinds of assistance

Final AH Masterlist compared torecords of assistance provided

Number of woman-headed families which optfor assisted relocation

Final list of beneficiaries of socialhousing

Number of women's group consultationmeetings organized

MOMs, attendance sheets

Number of woman-headed families whichcomplete self-relocation

Final AH Masterlist compared torecords of compensation payment

Number of woman-headed families whichobtain assisted relocation

Final list of beneficiaries of socialhousing

Number/type of the LRIP opted by woman-headed families

Final list of LRIP beneficiaries

Number/type of the LRIP participated bywoman-headed families

Records of organized trainingsand participant lists

Source: DOTr

Table 13-137 Guide Questions for Internal Monitoring

No. Category Guide Questions Means of Verification

1Recruitment,training, anddeployment

Have all land acquisition and resettlementstaff been appointed and mobilized for fieldand office works on time to meet the RAPimplementing schedule?

DOTr's MCRP PMO list of staffand MCRP PMO Organizationalstructure

Have capacity building and trainingactivities on the GRM been completed onschedule?

Organized trainings andattendance sheets compared toplanned schedulePost Activity Report/Minutes of theconducted trainings

Are all DOTr staff attending to GRMconcerns provided with sufficient trainingand orientations prior to deployment?

Organized GRM trainings andattendance sheetsCompetency assessment beforedeployment

2 Budget Are funds for resettlement and livelihood Transfer records compared to

239

No. Category Guide Questions Means of Verificationbeing allocated to resettlement agencies ontime?

planned schedule

Have KSAs received the scheduled funds?Transfer records compared toplanned schedule

Have funds been disbursed according to theRAP?

Records of disbursementcompared to RAP

3 Timeframe

Were RAP Implementation ManagementCommittees (RIMCs) established andmobilized as planned?

MOA and meeting minutescompared to plannedimplementation schedule

Are resettlement activities being achievedcompared to the agreed implementationschedule?

Records of resettlement activitiesstatus compared toimplementation schedule

Was the validation of GFIs pertaining to fairmarket values for land, crops, and trees andreplacement costs for structures andimprovements completed on time?

Submission of valuation reportscompared to the plannedimplementation schedule

Has the LRIP phase started as scheduled?Records of the implemented LRIPcompared to the plannedimplementation schedule

Have all NoT been issued to propertyowners?

Records of issuance of the NoTcompared to the Masterlist

Were all OTB delivered on time?Records of the issuance of OTBcompared to the implementationschedule and the Masterlist

Was due diligence of submitted ownershipdocuments completed on time?

Comparison with the plannedimplementation schedule

Have all lands been acquired and vacatedon time for project implementation?

Records of land acquisitioncompared to the Masterlist and theplanned implementation schedule

5

Delivery ofcompensationandentitlements

Has the final Entitlement Matrix (EM)updated during the DD Phase beenpresented to APs?

Records of SCMs and attendancesheets

Have all APs received entitlementsaccording to amounts and categories of theloss set out in the EM?

Records of payment forcompensation compared to theplanning, and interview to APs

Have APs received payment for affectedstructures and lands on time?


Have APs received the agreed transportcosts, relocation costs, income restorationsupport, and any resettlement allowances,according to schedule/as required?


Have replacement land plots or contractsbeen provided? Was the land developed asspecified? Are measures to provide landtitles to AHs ongoing?

List of the provided replacementlands compared to the planning,and interview to APs

How many APs have received housing asper relocation options in the RAP?

Final Masterlist of ISFs and recordof social housing allocation by theNHA

Are APs occupying new houses?Site visits to check the occupancyand NHA record of payment ofamortization

Are assistance measures beingimplemented as planned for hostcommunities?

Records of assistance provided tohost communities and interviewsto LGUs

Is restoration proceeding for socialinfrastructure and services conducted?

DOTr record on number of theprovided social infrastructure andinterviews to LGUs

Have affected businesses received DOTr record on payment for

240

No. Category Guide Questions Means of Verificationentitlements including transfer andpayments for the net loss resulting from lostbusiness and stoppage of production?

compensation comparing to theplan, and interviews to APs

6 Resettlement

Have relocation sites been selected anddeveloped as per agreed standards?

Verification of location, sitedevelopment plans and site visits

Does the housing quality meet the agreedstandards?

Verification of constructed housingand basic infrastructure providedcompared to agreed standards inthe RAP

Are APs able to access schools, healthservices, and cultural sites at the pre-relocation level?

Location of social infrastructurefrom the relocation sites andinterviews to APs and comparisonwith the SES

Was rental subsidy for a temporaryaccommodation provided on time and areAPs renting/staying per agreed standard?

Records of Landbankdisbursement and visit totemporary accommodations

Have APs found temporaryaccommodations on time?

Submission of documents requiredfor rental subsidies compared toplanned schedule

7 LRIP

Are income and livelihood restorationactivities being implemented as set out inthe plan? For example, the utilization ofreplacement land, the commencement ofproduction, the number of APs trained andprovided with jobs, micro-credit disbursed,the number of income generating activitiesassisted.

Comparison of records oforganized LRIP activitiescompared to the planned ones

How many eligible APs have participated inthe LRIP?Among the eligible APs, how many arepoor, elderly, single headed householdsand PWD?

Number of APs who participated inorganized trainings compared tofinalized list of LRIP beneficiariesNumber of soft loans providedcompared to finalized list of LRIPbeneficiaries

Has the livelihood of APs been restored orimproved?

Interviews to APs and comparisonwith the SES

Were job fairs organized as planned? Howmany?

Number of organized job fairscompared to planned, andparticipant lists

Were APs hired for construction-relatedjobs? (i) how many are vulnerable people?(ii) how many are women?

Monthly reports from contractorson the number of hired APs

8

Publicparticipationandconsultation

Have all post-RAP SCMs been conductedprior to RAP implementation?

Records of SCMs and attendancesheets compared toimplementation activities, photodocumentation

Have other types of consultations takenplace as scheduled including meetings,groups, and community activities?

Records of consultationscompared to schedule andattendance sheets, photodocumentation

Have appropriate resettlement informationdissemination materials (i.e., leaflets) beenprepared and distributed?

Number and type of distributedinformation educationcommunication materials andinterviews to APs to verify theappropriateness

How many APs know their entitlements?How many APs know if they have beenqualified to receive entitlements?

Interviews to APs2nd SCM minutes of the meeting

9 GRM How many APs have used the grievance GRM action status recorded in the

241

No. Category Guide Questions Means of Verificationredress procedures?What were the outcomes?

GRM database

Were sufficient number of staff allocated ateach Help Desk?

List of Help Desk staffingcompared to planning

Were appropriate tools and resourcesprovided at each Help Desk?

List of provided resourcescompared to planning

Were complaints and grievances addressedin a timely manner?

GRM action status recorded in theGRM database and interview toAPs

Have grievances been resolved?GRM action status recorded in theGRM database

How many cases were resolved at thelevels of the Help Desk, the RIMC, and thePIAC?

GRM action status recorded in theGRM database

How many court cases were filed due tounaddressed grievances?

GRM action status recorded in theGRM database on court casesfiled

10

Benefitmonitoring /ImpactEvaluation

What changes have occurred in patterns ofoccupation, production, and resource usecompared to the pre-project situation?

Interview with APs andcomparison with the SES results

What changes have occurred in income andexpenditure patterns compared to the pre-project situation? What have been changesin costs of living compared to the pre-project situation? Have AHs’ incomes keptpace with these changes?

Interviews with APs andcomparison with the SES results

What changes have taken place in keysocial and cultural parameters relating tomonitoring indicators?


What changes have occurred for vulnerablegroups?


Source: DOTr

559. The monitoring indicators for the EMA are shown in Table 13 -138, and the guidequestions are indicated in Table 13 -139. The indicators for the external monitoring havebeen agreed. The terms of reference for the engagement and EMA have been finalized andnow under procurement process. The EMA will need to be in placed before theimplementation of the approved RAP.

Table 13-138: Indicative Monitoring Indicators for the EMA

No. Category Basis for Indicators Means of Verification1 Institutional

arrangementfor the RAPimplementation

Establishment of the MCRP PMO withrequired staffing for the RAPimplementation

DOTr MCRP PMO structures andrelated order

Adequacy of knowledge and experience ofthe MCRP PMO for the RAPimplementation

Discussions with the MCRP PMO

Effectiveness of capacity building measuresundertaken

Discussions with the MCRP PMOand record of trainings withparticipant lists

Establishment of the PIACConsultations with the DOTr,Order issued related PIAC,Signed MOA

Signing of MOA with the NHA Signed MOAEstablishment of the RIMC Signed MOA with LGUs Establishment of the GRM as per RAPprovision

Consultations with the DOTrVisit to Help Desk

242

No. Category Basis for Indicators Means of Verification

Availability of required fund with the DOTrAllocated funds compared toplanning

Allocation of funds to resettlement agenciesas per schedule

DOTr transfer records comparedto planning and hearing fromagencies on downloaded fundsand dates

2Adequacy ofresettlementplanning

Finalization of the RAP during the DDPhase

Review of the RAP

Compliance of RAP with JICA and ADBpolicies

Review of the RAP andcomparison with the JICAGuidelines and ADB SPS

Adequacy of entitlement provisionReview of the RAPInterviews with APs on theadequacy of provided entitlements

Availability and adequacy of SES databasebased on DD surveys

Verification of the SES database

Verification of RCS for structures, trees andcrops- adequacy of methodologies and

standards for determining compensationrates;

- ability of APs to replace affected assetswith the compensation received

Review of RCS Interview with APs on thecompensation amount and abilityto replace affected assets

Establishment of an internal monitoringsystem

Discussions with the MCRP PMO/Internal Monitoring reports

Availability, accessibility, and adequacy ofinternal monitoring reports

Internal Monitoring reports

3 Delivery ofentitlements

Disbursed compensation as per EMRecords of disbursementcompared to plan

Disbursed entitlement on time and beforedisplacement

Records of disbursementcompared to the planned schedule

Adequate time given through a notificationfor self-relocation

Records of issuance of thenotification compared to the planInterviews with APs

Number of replacement land plots providedRecords of provided replacementland

Quality of new plots and issuance of landtitles

Interview with APsIssued land titles

Availability of social housingsList of NHA provided socialhousing compared to final list ofbeneficiaries

Number of NLOs/ISFs provided withadequate information to avail of socialhousings

Records of stakeholderconsultations and attendance listConsultations with APs

Participation of NLOs/ISFs in selection anddesign of social housing locations andoptions

Records of stakeholderconsultations and attendance listConsultations with APs

Quality of social housingsField verification compared to setstandardsInterviews with APs

Availability of infrastructure at relocationsites

On-site verification compared toplan

Availability of transitional rental assistanceuntil availability of housing schemes

Records of disbursementcompared to planning

Project assistance for APs who opted forsocial housings

Records of provided assistancecompared to planning

Timely disbursement of agreed assistanceto APs

Records of disbursementcompared to planning andinterviews with APs

243


Number of special assistances provided forvulnerable APs in the resettlement process

Records of APs provided withspecial assistance compared toplanning

APs’ satisfaction with availed socialhousings

Interviews with APs

4Consultationandgrievances

Consultations organized as scheduledincluding meetings, groups, and communityactivities

Records of consultationscompared to planning

Knowledge of APs on their entitlements Interviews with APsConduct of consultation meetingsexclusively with women


Conduct of consultation meetingsexclusively with vulnerable groups


Dissemination of communication materialsto APs in local languages

List of distributed material

Knowledge of APs about the GRM includingHelp Desks

Interviews with APs

Accessibility of the GRM to APs Interviews with APsInformation on resolution of grievances GRM database recordsTiming of grievances redressed as perschedule

GRM database recordsInterviews with APs

Proper communication on GRM decisions toAPs

GRM database records

5 LRIP

Inclusion of APs under rehabilitationprograms (data disaggregated by genderand vulnerable group)

Final list of LRIP beneficiaries

Availability/ Adequacy ofvocational/entrepreneurial training

Interviews with APsRecord of provided trainings

Availability of soft loans for APs Interviews with APsRecord of provided soft loans

Availability of employment opportunities.Interviews with APsRecord of organized job fairs

Degree of satisfaction with support receivedfor livelihood programs

Interviews with APs

Number of successful enterprises (datadisaggregated by gender and vulnerablegroup)

Interviews with APs

Number of displaced persons who improvedtheir incomes (data disaggregated bygender and vulnerable group)

Interviews with APsComparison with the SES results

Number of displaced persons who improvedtheir standard of living (data disaggregatedby gender and vulnerable group)


Number of displaced persons withagricultural replacement land (datadisaggregated by gender and vulnerablegroup)

Record of provided replacementland

Quantity of land owned/contracted bydisplaced persons (data disaggregated bygender and vulnerable group)

Interviews with APs

6 Benefitmonitoring

Changes occurred in patterns ofoccupations, production, and resource usecompared to the pre-project situation


Changes occurred in income andexpenditure patterns compared to the pre-project situation


Changes occurred in key social and culturalparameters


244


Changes occurred for vulnerable groupsInterviews with APsComparison with the SES results

Source: DOTr

Table 13-139: Guide Questions for External Monitoring

No. Category Guide Question Means of Verification

1ROWacquisitionprocess

How many APs who signed Agreement toDemolish and Remove Improvements(ADRIs) vacated structures as agreed?

Records of land acquisitionnegotiations

2Delivery ofentitlements

Were entitlements disbursed according tothe number and category of losses set outin the Entitlement Matrix?

Records of disbursementcompared to EM and Masterlist

Was disbursement made to meet thetimelines?

Records of disbursementcompared to schedule

Has the identification of displaced personslosing land temporarily, e.g., through soildisposal, borrow pits, contractors’ camps,been included?

Records of validation activities

Was disbursement of the agreed transportcosts, relocation costs, income substitutionsupport, and any resettlement allowancesmade in a timely manner according to theschedule?

Number of soft loans providedcompared to the schedule

Were replacement land plots provided?What was the quality of new plots andissuance of land titles?

Records of the provision ofreplacement land, issued landtitlesInterviews with APs

Are social infrastructure and servicesrestored?

List of constructed socialinfrastructure compared to plan

Are LRIP activities being implemented asset out in the program, for example, utilizingreplacement land, commencement ofproduction, the number of the displacedpersons trained for employment with jobs,micro-credit disbursed, the number ofassisted income generating activities?

Records of the land-for-landprovisionNumber of organized trainings andattendance sheetsNumber of organized job fairsNumber of provided soft loans

Have affected businesses receivedentitlements, including transfer andpayment for the net loss resulting from lostbusinesses?

Records of payment ofcompensation compared toMasterlist

3Consultationandgrievances

Are consultations organized as scheduledincluding meetings, groups, and communityactivities?

Records of SCMs compared toplan

Do APs have knowledge of entitlements? Interviews with APsHow many APs have used the Help Desk(GRM)?

GRM database records

How many cases have been resolved? GRM database recordsWhich information on the implementation ofthe social preparation phase is available toAPs?

Interviews with APs

4 Communications andparticipation

How many general meetings were held (forboth men and women)?

Records of SCMs, attendance lists

What is the percentage of women out oftotal participants?


How many meetings were held exclusivelywith women?


How many meetings were held exclusivelywith vulnerable groups?

Records of SCMs

245

No. Category Guide Question Means of VerificationHow many meetings were held at newsites?

Records of SCMs

How many meetings were held betweenhosts and displaced persons?

Records of SCMs

What is the level of participation in meetings(data disaggregated by gender andvulnerable group)?


What is the level of informationcommunicated? Is it adequate orinadequate?

Records of SCMsInterview with APs

Was information properly disclosed?Records of SCMs with disclosedinformationInterview with APs

Were translations of information disclosurein the local languages available?

Records of SCMs with disclosedinformationInterview with APs

5Budget andtime frame

Were land acquisition and resettlement staffappointed and mobilized on schedule forfield and office works?

Staffing records compared toplanning

Were capacity building and trainingactivities completed on schedule?

Records of trainings compared toplanning

Were resettlement implementation activitiesachieved compared to the agreedimplementation plan?

Records of disbursementcompared to planning

Were the funds for resettlement agenciesallocated on time?

Records of fund transfercompared to schedule

Were the scheduled funds received byresettlement offices?

Records of fund transfer andinterview with resettlement offices

Were the funds disbursed according to theRAP?

Records of fund transfercompared to arrangements in theRAP

Was social preparation implemented as perschedule?

Record of organized activitiescompared to the implementationschedule

Was land acquisition and occupation in timefor implementation?

Records of land acquisitioncompared to schedule

6Resettlementandrelocation

Were APs provided with adequateinformation, consulted on their preferences,and guided on procedures to avail of socialhousings?

Records of consultationsInterview with APs

Did APs participate in selection and designof social housing locations and options?

Record of meetingsInterview with APs

What is the number and percentage of APsprovided with social housing programs?

Final list of social housingbeneficiaries compared toMasterlist of AHs

Were social housings provided to relocatingAPs timely?

NHA records of provision ofhousing compared to schedule

Was the quality of social housings providedto APs sufficient (i.e., suitability of locations,utilities, and access to social services)?

On-site verification of relocationsites compared to provision of theRAPInterview with APs

Was transitional assistance such astransportation allowances provided?

Disbursement records comparedto plan

Was rental assistance provided until socialhousing is available for eligible APs?

Records of Landbankdisbursement of rental subsidiescompared to Masterlist and recordof resettlement to social housing

What is the percentage of relocated APswho are able to pay amortizations?

Records of NHA amortizationpayment collection compared to

246

No. Category Guide Question Means of VerificationMasterlist

What is the percentage of relocated APssatisfied with social housings and theremaining in social housings?

Interviews with APsList of APs occupying the socialhousing

Was the management of the NHAadequate?

Auditing with the NHAInterview with APs

7 LRIP

What is the number of displaced personsunder the rehabilitation programs (datadisaggregated by gender and vulnerablegroup)?

Final list of LRIP Beneficiaries

What is the percentage of APs eligible forLRIP assistance who registered in theprogram (data disaggregated by gender andvulnerable group)?

Final list of APs who registered forthe LRIP compared to the list ofLRIP beneficiaries

What is the percentage of eligible APsapplying for soft loans?

Record of APs who applied to softloans compared to Masterlist

What is the percentage of successful softloan applications?

Record of APs who were providedwith soft loans compared to the listof APs who applied

What is the number of displacedpersons/eligible APs who receivedvocational/entrepreneurial training (datadisaggregated by gender and vulnerablegroup)?

Records of organized trainingsand attendance lists compared tofinal list of LRIP beneficiaries

What are the types of training and thenumber of participants in each?

Records of organized trainingsand attendance lists

What is the number and percentage ofdisplaced persons covered under livelihoodprograms (data disaggregated by genderand vulnerable group)?

List of LRIP beneficiariescompared to Masterlist of AHs

What is the number of displaced personswho have restored their income andlivelihood patterns (data disaggregated bygender and vulnerable group)?

Interviews with APs

How many new jobs were generated? Interviews with APs

What is the extent of participation inrehabilitation programs?

Records of participation of APscompared to list of beneficiaries ofLRIP

What is the extent of participation invocational training programs?

Records of participation in trainingprograms compared to list ofbeneficiaries of LRIP

What is the level of satisfaction with supportreceived for livelihood programs?

Interviews with APs

What is the percentage of successfulenterprises reaching break-even (datadisaggregated by gender and vulnerablegroup)?


What is the percentage of displacedpersons who improved their income (datadisaggregated by gender and vulnerablegroup)?


What is the percentage of displacedpersons who improved their standard ofliving (data disaggregated by gender andvulnerable group)?


What is the number of displaced personswho were given agricultural land as areplacement for land loss (datadisaggregated by gender and vulnerable

Records of provided replacementland

247

No. Category Guide Question Means of Verificationgroup)?What is the quantity of landowned/contracted by displaced persons(data disaggregated by gender andvulnerable group)?

Interviews with APs andownership documents

248