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Resettlement Action Plan

July 2020

PHI: South Commuter Railway Project

Prepared by Department of Transportation for the Asian Development Bank.


CURRENCY EQUIVALENTS
(as of 9 July 2020)
Currency unit = Peso/s (₱)
₱ 1.00 = $ 0.02020
$1.00 = ₱ 49.4900

ABBREVIATIONS

ADB – Asian Development Bank


AH – Affected Household
AKPF – Abot-Kaya Pabahay Fund
AO – Administrative Order
AP – Affected Person
BIR – Bureau of Internal Revenue
BP – Batas Pambansa
BSAAC – Beneficiary Selection, Awards and Arbitration Committee
BSP – Bangko Sentral ng Pilipinas
C.A. – Commonwealth Act
CBIA – Community Based Initiative Approach
CDA – Cooperative Development Authority
CGT – Capital Gains Tax
CLOA – Certificate of Land Ownership Award
CMP – Community Mortgage Program
CMP-M – Community Mortgage Program-Mobilizers
DAR – Department of Agrarian Reform
DED – Detailed Engineering Design
DDR – Due Diligence Report
DENR – Department of Environment and Natural Resources
DHSUD – Department of Human Settlements and Urban Development
DILG – Department of the Interior and Local Government
DMS – Detailed Measurement Survey
DO – Departmental Order
DOF – Department of Finance
DOLE – Department of Labor and Employment
DOTr – Department of Transportation
DPWH – Department of Public Works and Highways
DST – Documentary Stamp Tax
DSWD – Department of Social Welfare and Development
DTI – Department of Trade and Industry
EA – Executing Agency
EIS – Environmental Impact Statement
EJS – Extra Judicial Settlement
EMA – External Monitoring Agency
EMP – Environmental Management Plan
EO – Executive Order
EP – Emancipation Patents
ESR – Environment, Social and ROW Division
FTI – Food Terminal Inc.

ii
GCR – Greater Capital Region
GRM – Grievance Redress Mechanism
GSIS – Government Service Insurance System
HDMF – Home Development Mutual Fund
HLURB – Housing and Land Use Regulatory Board
HUDCC – Housing and Urban Development Coordinating Council
IA – Implementing Agency
IEC – Information Education and Communication
IPA – Independent Property Appraiser
IR – Involuntary Resettlement
IRR – Implementing Rules and Regulations
ISF – Informal Settler Families
JICA – Japan International Cooperation Agency
KSA – Key Shelter Agencies
LGU – Local Government Unit
LHB – Local Housing Board
LHO – Local Housing Office
LIAC – Local Inter-Agency Committee
LRT – Light Rail Transit
MCRP – Malolos-Clark Railway Project
MFF – Multitranche Financing Facility
MMSP – Metro Manila Subway Project
MO – Memorandum Orders
MOA – Memorandum of Agreement
MOU – Memorandum of Understanding
MRT – Mass Rail Transit
NEDA – National Economic and Development Authority
NGO – Non-Government Organization
NHA – National Housing Authority
NHMFC – National Home Mortgage Finance Corporation
NoT – Notice of Taking
NSCB – National Statistical Coordination Board (now part of PSA)
NSCR – North-South Commuter Railway
OCT – Original Certificate of Title
OTB – Offer to Buy
Pag-IBIG – Pagtutulungan sa Kinabukasan: Ikaw , Bangko, Industria at Gobyerno
PCUP – Presidential Commission for the Urban Poor
PD – Presidential Decree
PhP – Philippine Peso
PIAC – Project Inter-Agency Committee
PIB – Public Information Booklet / Brochure
PMO – Project Management Office
PNCC – Philippine National Construction Corporation
PNR – Philippine National Railways
PSA Philippine Statistics Authority
PTE Permit to Enter
RA – Republic Act
RAP – Resettlement Action Plan
RF – Resettlement Framework

iii
RIC – Resettlement Implementation/Implementing Committee
RIMC – RAP Implementation and Management Committee
RIPP – Resettlement and Indigenous Peoples Plan
ROW – Right of Way
ROW-PMO – Right of Way Project Management Office
ROWA – Right of Way Acquisition
ROWSAM – Right of Way and Site Acquisition Manual
RPT – Real Property Tax
SCRP – South Commuter Railway Project
SES – Socio-Economic Survey
SHFC – Social Housing Finance Corporation
SPS – Safeguards Policy Statement
SSS – Social Security System
TBM – Tunnel Boring Machine
TCT – Transfer Certificate of Title
TESDA – Technical Education and Skills Development Authority
TWC – Technical Working Committee
WB – World Bank
WEDGE – Women’s Empowerment Development and Gender Equality

iv
GLOSSARY

Affected Affected persons are those who are physically displaced (relocation,
person (AP) loss of residential land, or loss of shelter) and/or economically
displaced (loss of land, assets, access to assets, income sources, or
means of livelihoods) as a result of (i) involuntary acquisition of land,
or (ii) involuntary restrictions on land use or on access to legally
designated parks and protected areas.

Compensation Payment in cash or in kind for land, housing, income, and other assets
acquired or adversely affected by the project. All compensation is
based on the principle of replacement cost, which is the method of
valuing assets to replace the loss at current market rates.
Replacement cost calculation comprises these elements: (i) fair market
value; (ii) transaction costs; (iii) interest accrued (if any), (iv)
transitional and restoration costs (if any); and (v) other applicable
payments (if any).

Cut-off date of The concept of the cut-off date for eligibility is typically used for the
eligibility non-titleholders, which is generally the date of commencement of the
project census of affected persons within the project boundaries.
Persons not covered at the time of census taking will not be eligible for
claims of compensation entitlements.

Entitlement Range of measures comprising compensation, income restoration


support, transfer assistance, income substitution and relocation
support which are due to affected people, depending on the nature and
severity of their losses, to restore their economic and social base.

Household A social unit consisting of a person living alone or a group of persons


who sleep in the same housing unit and have a common arrangement
in the preparation and consumption of food, as defined in the National
Statistical Coordination Board (NSCB) Board Resolution No. 11,
Series of 2003. Affected Households (AH) are those whose housing
units, whether these are solely used for dwelling, or dwelling with
business enterprise, will be physically displaced (loss of land, loss of
shelter, loss of income if business is operated within, or contiguous to
dwelling unit) by the Project.

Income restoration Re-establishing income sources and livelihoods of APs to approximate


or exceed the level it was before the development project.

Informal Settler Households that do not have legal or legalizable right to own the land
Family (ISF) they occupy, homeless or do not own property anywhere else, and
have a low- income as defined by this RAP. This may include structure
owners and renters, rent-free occupants, caretakers, and sharers.

v
Involuntary Occurs when affected people do not have the right to refuse land
Resettlement acquisition and are displaced, which may result in long-term hardship
and impoverishment as well as social stress.

Land acquisition The process whereby a person is compelled to relinquish ownership,


possession, control or use of all or part of their land, structures or other
assets to the project in exchange for cash or in-kind compensation.
This includes land or assets for which the possessor or user enjoys
customary or uncontested access but lacks legal title. For this project,
compensation is based on replacement cost.

PNR ROW Refers to the existing right-of-way owned by the Philippine National
Railway (PNR).

Project ROW Refers to the right-of-way of this project.


(PROW)

Relocation Physical displacement of an AP from his/her pre-project place of


residence and his/her transfer to another place.

Rental Subsidy Refers to a fixed amount of monetary assistance for temporary


accommodation of APs while awaiting completion of permanent
relocation site.

Replacement cost Amount of cash or kind needed to replace an asset (i.e., land, private
structure, crops and trees, public structure and common resource).
Replacement cost calculation comprises these elements: (i) fair market
value; (ii) transaction costs; (iii) interest accrued (if any), (iv) transitional
and restoration costs (if any); and (v) other applicable payments (if
any).
Resettlement All measures taken to mitigate any and all adverse impacts of a project
on AP property and/or livelihoods, including compensation, relocation
(where relevant), and rehabilitation as needed.

Vulnerable groups Distinct groups of people who might suffer disproportionately or face
the risk of being marginalized by 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 members who are persons with disabilities.

NOTE{S}

(i) The fiscal year of the Government of the Philippines ends on 31 December.

(ii) In this report, "$" refers to United States dollars.

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

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

vii
TABLE OF CONTENTS

ABBREVIATIONS ..................................................................................................................ii
GLOSSARY .......................................................................................................................... v
TABLE OF CONTENTS ...................................................................................................... viii
EXECUTIVE SUMMARY....................................................................................................... 1
1. CHAPTER 1: PROJECT DESCRIPTION ........................................................................ 6
Background............................................................................................................. 6
Objectives of the SCRP Project .............................................................................. 9
Scope of the Project................................................................................................ 9
2. CHAPTER 2: Necessity of Land Acquisition and Resettlement ..................................... 21
Comparison of Alternatives ................................................................................... 21
Land Acquisition Requirement and Resettlement Impacts..................................... 50
3. CHAPTER 3: Socio-Economic Characteristics of the Affected Families ........................ 56
Census, Assets Inventorying and Socio-Economic Surveys .................................. 56
Survey Results...................................................................................................... 57
Assets and Land ................................................................................................... 63
Livelihood & Living ................................................................................................ 67
Project Awareness and Perception ....................................................................... 89
4. CHAPTER 4: Legal Framework .................................................................................... 98
National Laws and Policies of the Government of the Philippines ......................... 98
Executive/Administrative/Department Orders/Procedures ................................... 116
JICA Policies on Involuntary Resettlement .......................................................... 120
ADB Policy on Involuntary Resettlement ............................................................. 121
Resettlement Policy Comparison ........................................................................ 123
..................................................................................................................................... 124
5. CHAPTER 5: PROJECT RESETTLEMENT POLICY .................................................. 139
Fundamental Project Policy ................................................................................ 139
Cut-Off Date of Eligibility ..................................................................................... 141
Replacement Cost Study / Method of Valuing Affected Assets ............................ 141
Eligibility and Project Impacts ............................................................................. 143
Principles of Compensation ................................................................................ 147
6. CHAPTER 6: COMPENSATION AND ENTITLEMENT ............................................... 153
Eligibility Policy and Entitlement Matrix ............................................................... 153
Modes of Acquisition ........................................................................................... 153
Other Types of Assistance/Entitlements .............................................................. 156
Livelihood Restoration Options ........................................................................... 156
Special Assistance for Vulnerable Groups........................................................... 156
Payment of Compensation and Provision of Resettlement Assistance ................ 156
Units of Entitlements ........................................................................................... 159
7. CHAPTER 7: Relocation and Resettlement ................................................................ 180
Scope of Physical Displacement ......................................................................... 180
Preference for Relocation Sites........................................................................... 181
Resettlement Assistance Options and Relocation Package ................................ 181
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Housing Support ................................................................................................. 182
Additional Required Measures ............................................................................ 194
Integration with Host Population.......................................................................... 195
Roles and Responsibilities of Involved Agencies ................................................. 196
8. CHAPTER 8: Information Disclosure, Consultation and Participation ......................... 198
Principles for Consultation and Participation ....................................................... 198
Project Stakeholders ........................................................................................... 199
Consultation/Participation Mechanisms and Information Disclosure Measures ... 200
Activities Undertaken for Feasibility Study .......................................................... 202
Focus Group Discussions ................................................................................... 231
Actions Taken ..................................................................................................... 236
Information Disclosure ........................................................................................ 236
Ongoing Consultations ........................................................................................ 237
9. CHAPTER 9: Income Restoration and Livelihood Restoration Assistance .................. 238
Objectives and Approach of the Livelihood Restoration and Improvement Program238
Impact to Livelihood ............................................................................................ 240
Overview of LRIP ................................................................................................ 241
Livelihood Restoration for the Affected Businesses ............................................. 241
Livelihood Restoration for Affected Employees and/or Wage-Based Earners ...... 243
Livelihood Restoration for Land Based Income Earners (Replacement Farm Land)244
Programs and Services ....................................................................................... 245
Proposed Workplan ............................................................................................ 251
Implementation Arrangements ............................................................................ 254
LRIP Budget Estimate ......................................................................................... 255
10. CHAPTER 10: Grievance Redress Mechanism ...................................................... 257
Objectives of Grievance Redress ........................................................................ 257
Principles Guiding the GRM ................................................................................ 257
Levels of Grievance Redress Mechanism ........................................................... 257
Roles and Responsibilities .................................................................................. 259
Grievance Redress Mechanism Procedures ....................................................... 261
Grievance Redress Mechanism Guidelines......................................................... 262
Grievance Action Form and Centralized Database .............................................. 263
GRM Help Desk Set Up in the SCRP .................................................................. 264
Staffing of the GRM ............................................................................................ 264
Types of Grievances ........................................................................................... 265
GRM Budget ....................................................................................................... 266
Training for Help Desk Officers ........................................................................... 266
Communication materials.................................................................................... 266
Monitoring Reports on Grievance Redress ......................................................... 266
11. CHAPTER 11: RAP Implementation Arrangements ................................................ 268
Internal Organization........................................................................................... 268
External Organization ......................................................................................... 277
Primary and Support Roles ................................................................................. 295
12. CHAPTER 12: Implementation Schedule ............................................................... 297
Preparation of RAP ............................................................................................. 297
Formation of RAP Implementing Institutions ....................................................... 297
Land Acquisition .................................................................................................. 297

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Relocation of Informal Settler Families ................................................................ 299
Provision of Livelihood Restoration and Improvement program........................... 300
Monitoring of RAP Implementation ...................................................................... 300
13. CHAPTER 13: Cost and Budget for Resettlement and Land Acquisition................. 304
Land and Structure Acquisition............................................................................ 305
Resettlement Site Development .......................................................................... 306
Relocation Assistance ......................................................................................... 306
Livelihood Restoration ........................................................................................ 309
Compensation for Crops and Trees .................................................................... 313
Administrative Cost ............................................................................................. 313
Unanticipated Costs for RAP Implementation ..................................................... 316
14. CHAPTER 14: Monitoring and Evaluation .............................................................. 317
Purpose of Resettlement Action Plan Monitoring and Evaluation ........................ 317
Institutional Arrangement .................................................................................... 317
Internal Monitoring .............................................................................................. 317
External Monitoring ............................................................................................. 317
Reporting ............................................................................................................ 318
Types of Reporting .............................................................................................. 318
Monitoring Indicators........................................................................................... 320

List of Tables

Table 1: Summary of Potential Impact of SCRP .................................................................... 2


Table 2: Number of Affected Livelihood ................................................................................. 3
Table 3: Project Affected Cities and Corresponding Barangays in Metro Manila ................... 9
Table 4: Project Affected Cities and Corresponding Barangays in Laguna Province ............ 10
Table 5: Station Location ..................................................................................................... 12
Table 6: Station Type........................................................................................................... 12
Table 7: List of Planned Station related Facilities ................................................................ 14
Table 8: Comparison of Type of Structures of SCRP ........................................................... 24
Table 9: List of Barangays & Potentially Affected Community Facilities in the Proposed Stations
........................................................................................................................................... 47
Table 10: Depot Site Comparisons for SCRP in Terms of Social Environment and Engineering
........................................................................................................................................... 47
Table 11: Land Acquisition Requirement and Resettlement Impact ..................................... 51
Table 12: Estimated Land Acquisition Requirements by ROW and Depot ........................... 52
Table 13: Loss of Structures in the Project .......................................................................... 53
Table 14: Construction Type of Affected Structures ............................................................. 54
Table 15: Type of Livelihood/Resources .............................................................................. 54
Table 16: Type of Affected Community Property Facilities ................................................... 55
Table 17: Magnitude of Project Impact ................................................................................ 58
Table 18: Number of Affected Households .......................................................................... 58
Table 19: Household Size ................................................................................................... 59
Table 20: Educational Achievement of Household Members ............................................... 60
Table 21: Ethnolinguistic Group of APs ............................................................................... 60
Table 22: Vulnerabilities Among Affected Households ......................................................... 61
Table 23: Forms of Difficulty During Transfer ....................................................................... 62

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Table 24: Gender Distribution of Household Heads ............................................................. 62
Table 25: Age Distribution of Household Heads................................................................... 63
Table 26: Number of Affected Occupied Structures and Surveyed Respondents ................. 64
Table 27: Number of Structures, by Type of Use ................................................................. 64
Table 28: Ownership of Structures ...................................................................................... 65
Table 29: Occupancy Arrangements among Non-structure Owners .................................... 65
Table 30: Average Monthly Rental Rates............................................................................. 66
Table 31: Ownership of Lands among Households ............................................................. 67
Table 32: Types of Proof of Ownership ................................................................................ 67
Table 33: Summary of Impact to Primary Income of Household and Stand-Alone Business 68
Table 34: Employees in Affected Business and Institution ................................................... 68
Table 35: Primary Source of Household Income.................................................................. 69
Table 36: Types of Enterprise-Based Livelihoods ................................................................ 70
Table 37: Location of Primary Source of Income ................................................................. 70
Table 38: Secondary Sources of Household Income ........................................................... 71
Table 39: Location of Secondary Source of Income ............................................................ 71
Table 40: Monthly Household Income (All Sources) ............................................................ 72
Table 41: Monthly Household Expenditures ........................................................................ 73
Table 42: Membership in Financial Institutions .................................................................... 73
Table 43: Access to Water ................................................................................................... 74
Table 44: Access to Sanitation Facilities* ............................................................................ 75
Table 45: Access to Electricity* ............................................................................................ 75
Table 46: Cooking Facilities among AHs ............................................................................. 76
Table 47: Number of Years in Current Location ................................................................... 76
Table 48: Type of Residence ............................................................................................... 77
Table 49: Place of Previous Residence ............................................................................... 78
Table 50: Reasons for Establishing Residence in the Current Location ............................... 78
Table 51: Number of Previously Relocated Households ...................................................... 79
Table 52: Reasons for Returning to Current Location .......................................................... 80
Table 53: Number of Households Who Have Availed of Government Housing Programs .... 80
Table 54: Household Relocation Preferences* .................................................................... 81
Table 55: Considerations for Relocation Preference among Households* ........................... 81
Table 56: Type of Business and Institution Ownership ......................................................... 82
Table 57: Type of Business and Institution Operation .......................................................... 82
Table 58: Number of Years of Business and Institution Operation ....................................... 83
Table 59: Land Ownership Among Business Establishments .............................................. 83
Table 60: Land Occupancy Arrangement Among Non-Landowner Businesses ................... 84
Table 61: Structure Ownership Among Business Establishments ........................................ 84
Table 62: Structure Occupancy Arrangement Among Non-Structure Owner-Businesses..... 85
Table 59: Number of Employees ......................................................................................... 86
Table 60: Average Monthly Employee Income ..................................................................... 87
Table 61: Business License/Permit...................................................................................... 87
Table 62: Monthly Gross Income of Potentially Affected Businesses ................................... 88
Table 63: Sum of Average Monthly Income of Business/Commercial Income ...................... 88
Table 64: Project Awareness among Landowners/Claimants .............................................. 89
Table 65: Project Awareness among Households ................................................................ 89
Table 66: Project Awareness among Affected Businesses................................................... 90
Table 67: Perceived Project Benefits among Landowners/Claimants .................................. 90
Table 68: Perceived Project Benefits among Affected Households ...................................... 91

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Table 69: Perceived Project Benefits among Affected Businesses ...................................... 91
Table 70: Issues and Concerns among Landowners/Claimants .......................................... 92
Table 71: Issues and Concerns among Affected Households .............................................. 93
Table 72: Issues and Concerns among Affected Businesses............................................... 93
Table 73: Recommendations to Address Issues and Concerns ........................................... 94
Table 74: Types of Proposed Livelihood Assistance among Affected Households ............... 95
Table 75: Types of Proposed Livelihood Assistance among Affected Businesses ................ 95
Table 76: Number of Households Passing Through Railway Tracks .................................... 96
Table 77: Reasons for crossing railway tracks ..................................................................... 96
Table 78: Minimum Setbacks for Residential Buildings/Structures ................................... 115
Table 79: Setbacks for Commercial*, Industrial, Institutional, and Recreational Buildings 115
Table 80: Price Ceiling for Socialized Subdivision Projects ............................................... 118
Table 81: Price Ceiling for Socialized Condominium Projects ........................................... 118
Table 82: Gap Analysis and Harmonized Involuntary Resettlement Policy ........................ 124
Table 83: Categories of Business Activity .......................................................................... 146
Table 84: Payment Schedule for Legal Property Owners .................................................. 157
Table 85: APs Entitled to Livelihood Restoration Assistance.............................................. 160
Table 86: Entitlement Matrix .............................................................................................. 163
Table 87: Number of Affected Occupied Structures and Surveyed Respondents ............... 180
Table 88: Eligibility for assisted resettlement programs by category of affected households182
Table 89: Eligibility Requirements for Housing Programs .................................................. 184
Table 90: Loanable Amount and Interest Rate under AHP ................................................. 184
Table 91: Socialized Housing Package for SCRP.............................................................. 186
Table 92: Identified Resettlement Site per LGU (as of January, 2020) ........................... VI-190
Table 93: Typical Specification for Horizontal Development Based on NHA Model ............ 192
Table 94: Typical Specification for Vertical Development or High-Density Housing Based on NHA
Model ................................................................................................................................ 193
Table 95: Consultation Mechanism and Information Disclosure for each Stage of Project
Implementation ................................................................................................................. 200
Table 96: Schedules of IEC Meetings Conducted per LGU ............................................... 202
Table 97: Summary of Issues and Concerns Raised During the IEC Meetings .................. 203
Table 98: Schedules of the First Round of Stakeholder Consultation Meetings (SCMs) .... 205
Table 99: Summary of Issues and Concerns at the First SCM........................................... 208
Table 100: Second Round of Stakeholder Consultation Meetings (SCMs) ........................ 213
Table 101: Summary of Issues and Concerns raised during the 2nd SCM ........................ 215
Table 102: Combined First and Second Round of Stakeholder Consultation Meetings (SCMs)
......................................................................................................................................... 218
Table 103: Summary of Issues and Concerns at the Combined First and Second SCM .... 220
Table 104: Schedules of the Conduct of the Third SCM .................................................... 226
Table 105: Summary of Issues and Concern of ISFs, Renters and Sharers during the Third SCM
......................................................................................................................................... 228
Table 106: Summary of Issues and Concern of Legal APs during the Third SCM .............. 229
Table 107: Dates, Locations and Participants of FGDs..................................................... 232
Table 108: Summary of FGD Results with Affected Business Sector ................................. 232
Table 109: Date, Venue, and Participants, by City ............................................................. 233
Table 110: Consolidated SCRP FGD Results with Vulnerable Sector ................................ 234
Table 111: Summary of Impact to Primary Income of Household ....................................... 240
Table 112: Employees in Affected Business and Institution ............................................... 240
Table 113: Proposed Workplan.......................................................................................... 251

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Table 114: Estimated LRIP Budget .................................................................................... 255
Table 115: Levels of Grievance Redress Mechanism ........................................................ 258
Table 116: Grievance Redress Mechanism Procedure ...................................................... 261
Table 117: GRM Help Desk Set Up in the South (SCRP and Blumentritt-Solis) ................. 264
Table 118: GRM Help Desk Human Resources per LGU in the SCRP .............................. 264
Table 119: Type of Issues Received by DOTr .................................................................... 265
Table 120: Composition of DOTr TWC .............................................................................. 270
Table 121: Composition of the ROW PMO ........................................................................ 271
Table 122: Tasks and responsibility of Project Director and Teams .................................... 271
Table 123: Composition of NSCR-EX PMO ....................................................................... 275
Table 124: Composition of PIAC ....................................................................................... 279
Table 125: Composition of TWG........................................................................................ 283
Table 126: Composition of the LIAC .................................................................................. 290
Table 127: Roles and Responsibilities of Members of the Local Inter-Agency Committee . 292
Table 128: Activities and Responsible Organizations ........................................................ 295
Table 129: Implementation Schedule of SCRP (Blumentritt - Calamba) ............................ 302
Table 130: Summary of Estimated RAP Implementation Cost ........................................... 304
Table 131: Land Acquisition Cost ...................................................................................... 305
Table 132: Replacement Cost of Affected Structures......................................................... 306
Table 133: Development Cost for Resettlement Site ......................................................... 306
Table 134: Rental Subsidy for Landowner AHs.................................................................. 306
Table 135: Rental Subsidy for Non-Landowner AHs .......................................................... 307
Table 136: Transportation Allowance ................................................................................. 307
Table 137: Food Allowance ............................................................................................... 308
Table 138: Cost for Connection of Utilities ......................................................................... 308
Table 139: Inconvenience Allowance for Vulnerable Household ........................................ 308
Table 140: Manpower Assistance for Relocation ............................................................... 309
Table 141: Income Loss Compensation for Business ........................................................ 310
Table 142: Income Loss Compensation for Employees of Affected Businesses ................ 310
Table 143: Rental Subsidy for Leasing Businesses ........................................................... 311
Table 144: Income Loss Compensation for Employed Household Members Losing Employment
Due to Relocation ............................................................................................................. 311
Table 145: Commuting Allowance ..................................................................................... 312
Table 146: Training Cost ................................................................................................... 312
Table 147: Livelihood Rehabilitation for Vulnerable Household ......................................... 312
Table 148: Crops and Trees .............................................................................................. 313
Table 149: Cost for RAP Implementing Institution ............................................................. 314
Table 150: Cost to Operate GRM ...................................................................................... 314
Table 151: Printing Cost for Information Brochure and Tarpaulin ....................................... 314
Table 152: Cost for Project Monitoring and Evaluation ...................................................... 316
Table 153: Monitoring Reports .......................................................................................... 318
Table 154 Indicative Monitoring Indicators for Internal Monitoring ..................................... 320
Table 155 Indicative Monitoring Indicators for the EMA ..................................................... 325

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List of Figures

Figure 1: Location Map of SCRP and Connected Railway Lines ........................................... 6


Figure 2: Project Location of MMSP and SCRP .................................................................... 7
Figure 3: Alignment from Senate Station to FTI Station ......................................................... 8
Figure 4: PC Segmental Box Girder .................................................................................... 10
Figure 5: Cross-section of Tunnel Alignment from the Connecting Line of Senate to FTI-Bicutan
........................................................................................................................................... 11
Figure 6: Sample cross-section of Alignment at Stations ..................................................... 13
Figure 7: Sample Design of the Station ............................................................................... 14
Figure 8: Location of South Depot ....................................................................................... 17
Figure 9: Layout Plan of the Depot Site ............................................................................... 18
Figure 10: Typical Plan of Substation .................................................................................. 19
Figure 11: NLEX –SLEX Connector Road, Skyway Stage 3 and SCRP alignments ............ 22
Figure 12: Intial Plan of Layout of FTI Station ..................................................................... 22
Figure 13: FTI Station Boundary Considering East Service Road Diversion in the Initial Plan23
Figure 14: Cross Section of FTI Station; MMSP–SCTP connecting line below SCRP ......... 23
Figure 15: Required ROW after Integration of FTI Station (to be adjusted based on the finalized
DED) ................................................................................................................................... 23
Figure 16: España Station ................................................................................................... 27
Figure 17: Sta. Mesa Station ............................................................................................... 28
Figure 18: Paco Station....................................................................................................... 29
Figure 19: Buendia Station .................................................................................................. 30
Figure 20: EDSA Station ..................................................................................................... 31
Figure 21: Nichols Station ................................................................................................... 32
Figure 22: FTI Station ......................................................................................................... 33
Figure 23: Bicutan Station ................................................................................................... 34
Figure 24: Sucat Station...................................................................................................... 35
Figure 25: Alabang Station .................................................................................................. 36
Figure 26: Muntinlupa Station ............................................................................................. 37
Figure 27: Options of Locations of San Pedro Station Considered in the Feasiblity Study .. 38
Figure 28: New Location of San Pedro Station .................................................................... 39
Figure 29: Pacita Station ..................................................................................................... 40
Figure 30: Biñan Station...................................................................................................... 41
Figure 31: Options of Location of Sta. Rosa Station at Considered in the Feasibility Study . 42
Figure 32: Options of Location of Cabuyao Station Considered in the Feasibility Study ...... 43
Figure 33: Location of Cabuyao Station Agreed between DOTr and JDT in DED ................ 44
Figure 34: Location of Banlic Station ................................................................................... 45
Figure 35: Calamba Station................................................................................................. 46
Figure 36: Banlic Depot Site................................................................................................ 49
Figure 37: Integrated SCRP Stations .................................................................................. 50
Figure 38: Location of Sucat Station at the Old Sucat Power Plant Site .............................. 51
Figure 39: SHFC's People's Plan Framework.................................................................... 188
Figure 40 Left Photo Gumamela HOAI Duplex with Loft; ................................................... 192
Figure 41 ALPAS HOAI; High Density Housing ................................................................. 193
Figure 42: Organizational Structure of DOTr ..................................................................... 269
Figure 43: RAP Implementation Structure ......................................................................... 278
Figure 44: Organizational Set-up of the LIAC .................................................................... 291

xiv
List of Appendices

Appendix 1 List of Affected Structures as of 14 April 2020


Appendix 2 Photos of Affected Structures as of February 20202
Appendix 3 Structure Maps as of 15 April 2020
Appendix 4 Households Socio-economic Survey (SES) Questionnaire (version February
2020)
Appendix 5 Business SES Questionnaire (version February 2020)
Appendix 6 Landowners SES Questionnaire (version February 2020)
Appendix 7 SES Masterlist (as of 14 April 2020)
Appendix 8 Cut-off Dates (as of 14 April 2020)
Appendix 9 Results of the Replacement Cost Study (RCS) (as of 14 April 2020)
Appendix 10 MOA with SHFC
Appendix 11 Grievance Action Form (GAF)
Appendix 12 Aerial Photos of Identified Access Roads
Appendix 13 Draft Monitoring Report Form

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EXECUTIVE SUMMARY

1. The Government of the Philippines (the Government) is requesting the Asian


Development Bank (ADB) and the Japan International Cooperation Agency (JICA) for
assistance to help finance the South Commuter Railway Project (SCRP) also known as North-
South Railway Project, South Line (Commuter). The SCRP will begin after Blumentritt Station
and extend south to Calamba Station. It will also include an underground section between
Senate Station and the Food Terminal Inc. (FTI) Station which connects SCRP with the Metro
Manila Subway Project (MMSP). This Resettlement Action Plan (RAP) has been prepared to
identify all impacts associated with land acquisition and clearance of right-of-way (ROW) for
the project, assess the socio-economic context of affected people and present agreed
measures to fully mitigate impacts within a time-bound plan. The project will construct a 54.6-
kilometer (km) railway to traverse five cities in Metro Manila and five cities in the Province of
Laguna and a 5.6 km section with 5.1 km underground line which connects SCRP with the
JICA funded Metro Manila Subway Project (MMSP). The JICA funded MMSP will connect
Valenzuela with Manila’s Airport (NAIA) Terminal 3 station and traverse the cities of
Valenzuela, Quezon, Pasig, Pasay, Taguig and Paranaque in Metro Manila. It will provide
rapid and stable transport service in Metro Manila. Connection of SCRP and MMSP will
increase the convenience of passengers who travel between Metro Manila and are along
SCRP, as direct trains will operate between Calamba on SCRP and Valenzuela on MMSP.
Thus, it will contribute to the sustainable development of Metro Manila, easing traffic
congestion while accelerating economic growth beyond the metropolitan area.

2. Based on the detailed design, the SCRP section will start around 200m east of
Blumentritt station towards Espana station. Out of the 54.6 km of SCRP alignment,
approximately 49.7 km section will be elevated and approximately 4.9 km will be at grade. The
line will have 18 stations, 15 of which will be elevated and 2 at grade. The FTI station will have
two platforms, one elevated and one underground platform. Out of the 5.6 km connecting line
between SCRP and MMSP, 5.1 km will be underground and there will be also two
underground stations in Senate and FTI, while all trains will use the elevated Bicutan station.

3. The project will be a part of the 163 km North–South Railway Project, comprising (i)
the North South Commuter Railway (NSCR), a 38km railway line from Tutuban to Malolos
currently at implementation stage; (ii) the Malolos–Clark Railway Project, a 53.1 km new
railway line with two sections, the 51.4 km section from Malolos to Clark International Airport
and the 1.9 km section from Solis to Blumentritt; (iii) the 54.6 km SCRP from Blumentritt to
Calamba; and (iv) the 17.9 km section from Clark to New Clark City.

4. The project is categorized as A for ADB’s involuntary resettlement safeguards. This


report covers the Resettlement Action Plan (RAP) based on the Feasibility Study for the
SCRP, including the connecting line between SCRP main line and MMSP (Senate–FTI–
Bicutan Station). The Detailed Engineering Design (DED) is currently on-going and
modifications have occurred in design of the facilities and project scope. This report reflects
such modifications of the basic design and project scope, while most of the data/information
of required land and resettlement remains as of Feasibility Study stage. This RAP will be
updated following the DED and the conduct of the Detailed Measurement Survey (DMS) based
on the finalized design, project scope and alignment. Seven DED-based RAPs will be
prepared for SCRP by clusters of LGUs and separating the landowner and non-landowner
RAPs.1

1
Muntinlupa Area 1 to Calamba Section (separate landowner and non-landowner RAPs); Manila NLEx-SLEx
Overlap Section (combined landowner and non-landowner RAP); Manila Phase 2, Makati and Muntinlupa Area
2
(separate landowner and non-landowner RAPs); Taguig and Paranaque Section (separate landowner and non-
landowner RAPs).

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5. Land acquisition and resettlement impacts. SCRP will utilize existing Philippine
National Railway (PNR) ROW, as well as acquire additional parcels of land in areas where the
width of the PNR ROW is less than 30 m, and at station locations, which will require 60 m
width. Most of the Senate Station - Bicutan Station Section which connects SCRP to MMSP
is underground and will require subterranean land acquisition but no relocation of structures
and APs. The Senate Station – FTI Station Section will pass under government land and the
FTI Station – Bicutan Station Section will be constructed together with the SCRP within PNR
ROW.

6. The project will require to acquire 1,143,100 m2 (114.3 ha) of privately owned land and
it is anticipated that the project will result in the physical displacement of an estimated 11,114
households (41,146 affected persons (APs)), and will affect 7,207 structures due to ROW
clearance and land acquisition (Table 1 to Table 2). Of the 11,114 affected households (AHs),
approximately 94% are non-landowner households that include structure owners,
renters/lessees, rent-free occupants, sharers, and caretakers.

Table 1: Summary of Potential Impact of SCRP


Land Acquisition Number of
City Number of AHs
(in m2) Structures
Manila 135,000 1,730 3,868
Makati 52,200 64 161
Taguig 92,900 172 378
Paranaque 22,000 40 38
Muntinlupa 165,000 789 1,299
San Pedro 48,000 231 301
Binan 63,000 1,692 2,081
Sta. Rosa 78,000 352 435
Cabuyao 96,000 102 106
Calamba 391,000 2,035 2,447
Total 1,143,100 7,2072 11,114

7. Based on the assets inventory, the total number of structures that will be affected by
the project is 7,207. Of this number, 90.13% are residential, 5.69% are commercial structures,
with the remaining being others, including institutional or industrial structures. In addition, there
are 78 potentially affected community property facilities, including 36 community sheds or
small structures and 37 more substantial government structures such as barangay halls, day
care centers, national government field offices and university structures.

8. There are 20,203 household members contributing income to their families. Of the total
number of income earners, the majority are wage-based employees (14,371 or 70.78%),
engaged in household-based enterprises (4,610 or 22.71%) and engaged in land-based
livelihood activity (87 or 0.43%). Aside from these APs, there are 1,487 affected businesses
with 1,452 employees.

2
Includes all tagged main and associated structures (i.e. fence, pig pen, storeroom, empty structures, water tank,
etc.)

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Table 2: Number of Affected Livelihood


No Livelihood / Resources Number of Affected Persons
1 HH Members engaged in farming/agricultural activities 87
2 HH Members engaged in enterprise-based activities 4,610
3 HH Members currently employed 14,371
4 Affected businesses within the ROW 1,487
5 APs who are employed in affected businesses 1,452

9. For this project, it has been assessed that no ancestral domain land is to be affected,
nor are there any indigenous peoples affected by the project.

10. Social Safeguards Policy Principles for the Project. The policy framework follows
ADB Safeguards Policy Statement (SPS) of 2009, JICA Guidelines (2010) and relevant
Philippine laws and procedures. The Project shall uphold the involuntary resettlement policy
principles for the Project as detailed in Chapter 5.

11. Affected Persons and Eligibility. The cut-off-date of eligibility for the project was the
starting date of the census and structure tagging for informal settlers, and for those with formal
land claims the cut-off date is the date of the issuance of the Notice of Taking (NOT) by the
DOTr to be completed after DED. Affected persons are those who are physically displaced
(relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of
land, assets, access to assets, income sources, or means of livelihoods) as a result of (i)
involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally
designated parks and protected areas.

12. Socio-economic Assessment. A social assessment for resettlement was conducted


in a gender-sensitive manner and includes: (i) a project level census, (ii) asset and land
survey, and (iii) livelihood and living survey. A socio-economic survey was carried out among
11,114 households who will be physically displaced, 1,487 business establishments, and 45
non-resident landowners/claimants to identify all their affected assets (land, structures,
improvements, and crops), as well as establish their current baseline social and economic
conditions. The surveys found that the average household size across all locations is four
persons, with slightly more males than females. There were no households with members
from Indigenous Peoples communities. A total of 4,510 households were identified as
vulnerable and will most likely experience more difficulty if they are physically or economically
displaced, and coping with transition at a relocation site, without appropriate support and
assistance. Out of the 11,114 households, 30% have lived in the area of their current
residence for more than 20 years, and15% had lived at their current location for less than a
year. Approximately 90% had heard of the project.

13. Consultation, Participation, and Disclosure. Meaningful consultation has been


conducted to ensure issues, concerns, voices of affected households have been incorporated
in the project preparation. Meetings with concerned local government units (LGUs) were
conducted to disclose initial information about the project, prior to any RAP-related activities.
Suggestions and inputs were welcomed while issues and concerns were solicited to inform

14. basic design. Following this, three rounds of stakeholder consultation meetings were
held with APs. The first meetings started with a disclosure of the project and description of the
RAP study followed by an open forum. The second meetings presented the legal framework
of the RAP and another open forum. The third round of meetings provided project updates
and an explanation of the entitlement matrix. Focus group discussions (FGDs) were also held
to add greater depth to the data gathered from the socio-economic surveys. FGDs were held
with affected business sectors and vulnerable groups. The RAP includes a plan for future

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consultation activities during DED and project implementation. The social safeguard
documents shall also be accessible to the public through the JICA, ADB and DOTr websites.

15. Compensation and Entitlements. Compensation at replacement cost will be


provided to all persons/households losing land and/or other assets due to land acquisition and
ROW clearing for the project. As appropriate, compensation will be accompanied with
assistances, as outlined in the entitlement matrix (EM). DOTr will work closely with the LGUs
and key shelter agencies (KSAs) and the Department of Human Settlements and Urban
Development (DHSUD) in the implementation of the land acquisition and ROW clearing work,
resettlement and the allocation of compensation and entitlements in accordance with the EM.

16. Relocation Assistance. The entitlement matrix includes options for self-relocation
and assisted relocation. The options for assisted relocation are dependent on the eligibility
category of government housing programs, as well as financial capacity of the APs. Generally
speaking, those with greater needs, such informal settlers who have low-incomes and are
landless, will receive greater levels of assistance and subsidy. For informal settler families
(ISFs), assisted relocation includes availing of government socialized housing programs or
relocation packages from the Social Housing Finance Corporation (SHFC). APs who will not
qualify for government socialized housing programs can avail of government economic and
medium cost housing programs under the Home Development Mutual Fund (HDMF)
otherwise known as Pag-IBIG Fund. APs will be supported in their relocation, whether they
choose to self-relocate or assisted relocation, as detailed in the entitlement matrix. Others who
may be ineligible for the government housing programs may be able to avail of public rental
housing accommodation provided by DOTr in partnership with KSA, NGOs and/or LGUs. ISF’s
and poor households choosing to self-relocate will be given support and guidance to avoid
becoming an ISF on another government property.

17. Livelihood Restoration Program. A Livelihood Restoration and Improvement


Program (LRIP) will be implemented to restore or rehabilitate incomes and livelihoods of the
APs, and include short-term and long-term interventions that are gender inclusive. A
preliminary assessment of impacts on AHs’ livelihoods, their needs, as well as review of
existing state programs in addressing the livelihood needs of these households within the
project timeframe was carried out. Strategies for income and livelihood restoration shall be
consistent with the requirements of ADB safeguard policies and JICA’s guidelines and may
include but not be limited to (i) support to access existing government programs and services,
(ii) vocational training opportunities, (iii) employment information and referral, (iv) opportunities
to avail of project employment through training prior to construction and preferential hiring, (v)
financial management and entrepreneurial training, and (vi) targeted interventions for women
and vulnerable persons. APs whose productive assets are affected will be entitled to various
forms of transitional and livelihood restoration assistance. The strategy presented in this
document will be updated and refined into a detailed LRIP during the preparation of the DED-
based RAP. A multi-faceted approach will be adopted to assist APs in the restoration of their
affected livelihoods.

18. Grievance Redress Mechanism. The Grievance Redress Mechanism (GRM) outlines
the procedures in which grievances will be accepted, assessed, and resolved, and includes
three levels of grievance redress for complaints made concerning the project.
Notwithstanding, APs may seek redress through the court system at any time. The GRM has
been developed in accordance with ADB safeguard policy and JICA guidelines and aims to
reduce impacts and risks of the project and promote mutually constructive and trust-based
relationships with affected people.

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19. Institutional Arrangements. The institutional arrangements for this project involve the
DOTr being the executing and implementing agency. Other key institutional stakeholders
include Philippines National Rail (PNR) and Social Housing Finance Corporation (SHFC) and
LGUs. PNR will participate in project design, including mitigation measures and social actions
plans. The SCRP Environment, Social and Right of Way Project Division within the SCRP
Project Management Office (PMO) under the DOTr’s Office of the Undersecretary for Railways
will be the responsible entity for the preparation and implementation of the RAP including
ROW acquisition, relocation of ISF APs in compliance with policies outlined in this framework
and national laws. It is organized with technical and administrative manpower to conduct a
range of activities from impact assessment to payment of compensation, among others, and
is supported by various other offices and divisions within DOTr. SHFC will be involved in
resettlement of APs eligible for the socialized housing program and will be closely involved in
resettlement action planning and livelihood restoration programs.

20. Implementation Schedule. The Project will be implemented over the period of five
years. Following detailed design, the RAP will be updated and submitted to JICA and ADB for
review and concurrence. Civil works contracts will not be awarded until the RAPs have been
updated based on DED design and construction will not commence until the DED-based RAP
has been implemented in affected sections. The schedule provides details on the steps and
process to update the RAP, land acquisition and resettlement, creation of implementing
institutions, LRIP, and monitoring of the RAP implementation. The schedule will be revised
during updating of the RAP.

21. Budget and Financing. The Resettlement Plan budget is estimated at PhP
63,119,480,000 equivalent to USD 1,240,801,881. The budget covers costs associated with
land and structure acquisition, resettlement assistance, development of relocation sites,
compensation for crops and trees, livelihood restoration and RAP implementation and
monitoring (including administrative costs and a 10% contingency).

22. Monitoring. There will be two types of monitoring: internal and external monitoring.
DOTr will conduct monthly, quarterly, and semi-annual monitoring of the safeguards
documents and submits quarterly and semi-annual monitoring and evaluation reports to JICA
and ADB. To ensure compliance, the services of an external monitoring agent (EMA) will be
procured by DOTr to provide an independent periodic review and assessment. Disclosure of
monitoring reports will be made following submission to JICA and ADB through the JICA, ADB
and DOTr websites. Preparation of monthly and quarterly monitoring reports starts from the
commencement of the RAP validation until completion of payment of compensation, whereas
semi-annual monitoring and evaluation reports will be carried out for the duration of the project
until the end of the loan closing. Post completion and evaluation reports as well as final report
will also be prepared and disclosed.

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1. CHAPTER 1: PROJECT DESCRIPTION

1. The Government of the Philippines (GoP) requested the Japan International


Cooperation Agency (JICA) and the Asian Development Bank (ADB) for assistance in
preparing and financing the North South Railway Project-South Line (Commuter), hereafter
referred to as South Commuter Railway Project (SCRP). The SCRP will utilize as much as
possible the existing Right-of-Way (ROW) of the Philippine National Railways (PNR) and will
traverse five cities in the National Capital Region, namely Manila, Makati, Taguig, Parañaque
and Muntinlupa, and five cities in the Province of Laguna consisting of San Pedro, Biñan,
Santa Rosa, Cabuyao and Calamba. The project location map is shown in Figure 1.

2. The length of the SCRP will be approximately 54.6 km connecting Blumentritt Station
with Calamba Station; a 5.6 km connecting line form Senate Station to Bicutan Station will
connect SCRP to the Metro Manila Subway Project (MMSP) and will allow operation of direct
trains from Calamba on SCRP towards Valenzuela on MMSP.

Figure 1: Location Map of SCRP and Connected Railway Lines

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Source: JICA Study Team


Figure 2: Project Location of MMSP and SCRP
(Orange: MMSP, Blue: SCRP)

3. Railway Sector in the Philippines. The population of Manila, the capital city of the
Philippines increased by 1.5 times from 8.0 million in 1990 to 12.8 million in 2015. With a
population density of 20,000 per km2, Manila is home to about 13% of the population of the
Philippines and the main economic center accounting for 38% of the country’s GDP.

4. Severe traffic congestion and environmental degradation characterize Metro Manila


particularly at city centers where high density development continues. Urban sprawl has
spilled over onto surrounding northern and southern provinces which are within daily
commuting distance. With increasing vehicle ownership, congestion is expected to worsen,
further increasing travel times of commuters.

5. In Metro Manila, currently three urban metro lines are in operation, namely, Light Rail
Transit (LRT) Line 1, LRT Line 2, and Mass Rail Transit (MRT) Line 3. All of them are elevated
railways, with a total length of 44 km, serving 350 million annual passengers in total (2016). In
addition, the Philippine National Railways (PNR) operates a commuter railway from Tutuban
to Alabang (28 km) and beyond, serving 21 million passengers a year (2016). Considering the
population size and density of Metro Manila, the railway network is sparse. For the railway
service to the north, the PNR ceased its operation of a long-haul line in the 1980’s. The rails

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and infrastructure have been removed but right-of-way (ROW) has been retained, although
encroached upon.

6. The GoP Development Plans on Railway Sector. The Philippine Development Plan
(2017-2022), which is anchored on President Duterte’s 10-point Socio-economic Agenda,
serves as the blueprint for the administration’s vision of a more inclusive growth and a globally
competitive economy. Among the reforms that will drive this agenda is the acceleration of
infrastructure and the development of industries that aim to yield robust growth across the
archipelago, create jobs, and uplift the lives of Filipinos. Infrastructure is among the top
priorities of this administration and as a result public spending on infrastructure projects could
reach PhP8–9 trillion from 2017–2022.

7. The Build! Build! Build! Program is the administration’s comprehensive infrastructure


development program launched in April 2017. The program identified 70 infrastructure flagship
projects or high impact projects, 19 of which, are located in Mega Manila3. The projects for
Mega Manila are composed of expressways, urban roads, railways, road-based public
transport, and traffic management. Completion of most of the projects is within or by end of
current administration by year 2022.

8. The Department of Transportation’s (DOTr) thrust is to guide the development of new


urban centers and to meet large residential demands. A commuter railway service to connect
Metro Manila with its adjacent northern and southern suburban areas is deemed to be an
important mass transit backbone for Metro Manila as well as for the growth corridor of the
Greater Capital Region (GCR), comprising of Region III, NCR and Region IV-A.

Figure 3: Alignment from Senate Station to FTI Station

9. Assistance of ADB to Railway Sector in the Philippines. ADB has been a dedicated
partner of the GoP in developing the infrastructure and social sector since the 1970s. Among
the past projects of ADB is the rehabilitation of PNR’s 474-kilometer Manila-Legazpi line.

10. In line with the administration’s agenda, ADB has committed to support the GoP’s
flagship infrastructure program to help address persistent income and regional growth

3 Mega Manila is the term used for the megalopolis in the Philippine regions of Central Luzon, Calabarzon, Mimaropa and Metro
Manila.

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disparities. A $2.75 billion Multitranche Financing Facility (MFF) was approved by ADB in 2019
to help finance the MCRP; a second MFF to help finance the SCRP is included in ADB’s
Country Operations Business Plan (2020-2022), approval is targeted for 2020.

11. The SCRP is one of the Government’s efforts to promote inclusive growth and improve
the transport and logistics services to currently underserved areas in the country. Starting from
the center of Metro Manila to the nearby areas in South Luzon, the SCRP is expected to ease
the traffic congestion on existing national and local roads along the railway’s route while
accelerating economic growth and expansion along the project’s influence areas.

12. This report covers the Resettlement Action Plan (RAP) based on the Feasibility Study
for the SCRP ROW from 200 m East of Blumentritt Station, with Espana Station being the first
station, in Metro Manila to Calamba Station in Laguna Province and the connecting line
between SCRP and MMSP (Senate–FTI–Bicutan Station) in Metro Manila. The DED is
currently on-going and modifications have occurred in design of the facilities and project
scope. This report reflects the modifications in design and project scope, while most of the
data/information of required land and resettlement remains at the Feasibility Study stage. This
RAP will be updated following the DED and the conduct of a final Detailed Measurement
Survey (DMS) based on the finalized design, project scope and alignment.

13. Project Location. The proposed line of SCRP and connecting line will pass through
six (6) cities of Metro Manila including Manila, Makati, Pasay, Taguig, Paranaque and
Muntinlupa, and five (5) cities of Laguna Province down South including San Pedro, Binan,
Santa Rosa, Cabuyao and Calamba. The alignment will pass through 76 barangays bas
shown in Table 3 and
14.
15.

16. Table 4 below.

Table 3: Project Affected Cities and Corresponding Barangays in Metro Manila

Manila Makati Pasay Taguig Paranaque Muntinlupa


807, 803, Magallanes 183 Fort San Martin De Sucat
800, 811, (Subterranea Bonifacio Porres
868, 836, n section of
769 Pio del the MMSP to North Daang Buli
Pilar SCRP Hari
630, 628, 629 San Connection South Cupang
Barangay

Antonio Section) Daang Hari


368, 351 Bangkal Bagumbaya Alabang
n
426, 428, Tanyag Bayanan
422, 473, Putatan
472, 474, Poblacion
483, 484, Tunasan
446, 444,
443, 442,
450, 487, 485

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Total 26 4 1 5 1 8
Source: JICA Study Team

Table 4: Project Affected Cities and Corresponding Barangays in Laguna Province

San Pedro Binan Santa Rosa Cabuyao Calamba


San Antonio Platero Tagapo San Isidro San Cristobal
Nueva San Vicente Labas Banay banay Parian
San Vicente Sto. Nino Pooc Pulo Poblacion 1
(Fatima)
Barangay

San Vicente Canlalay Dila Poblacion I Lecheria


(Pacita 1) Dita Poblacion II Halang
Mamatid Banlic
Niugan Barangay Uno
Sala Real
Bigaa
Banlic
Total 4 4 5 10 8
Source: JICA Study Team

17. Project Components. The SCRP will utilize the existing PNR ROW over its length
and will include the following components:

a. Main Railway Line

18. The SCRP alignment is 54.6 km long from 200 m East of Blumentritt station, Manila to
Calamba station and the 5.6 km connecting line between SCRP and MMSP from the west end
of Senate station to Bicutan Station in Metro Manila. The required ROW width of the railway
track is set 30 m all along the alignment.

b. Viaduct

19. PC segmental box girder have been planned with 40m span as the optimal span based
on ground condition study. The policy of the optimal span will be considered according to the
ground conditions and construction assumption based on the previous plan.

Figure 4: PC Segmental Box Girder


c. Bridges

20. The existing railway bridges cross the following rivers; Pasig River, San Pedro River,
Sorosor River, Salang Langka Creek, San Cristobal River, and Calamba River. The current

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bridges are all made of steel. However, the types of the new bridges will be decided during
DED phase.

d. At Grade

21. At grade section is planned between EDSA Station and FTI Station, where the
alignment has to adjust to existing road transport infrastructure and height restrictions from
Manila Ninoy Aquino Airport International Airport. The alignment in this section is embedded
in other road infrastructure, including the South Luzon Expressway (SLEX), therefore the at-
grade alignment will not result in any new separation of the communities.

e. Stations

22. The line will have 18 stations, 15 of which will be elevated and two at grade. The FTI
station will have two platforms, one is at-grade and one is an underground platform. All
stations will l have a ROW width of 60 m (including the tracks), and a length of around 250 m.
The station layout may either be two separate platforms serving two tracks (except for FTI
Station and Bicutan Station) or a single platform at the center or two island platforms with four
tracks at selected locations.

23. The stations will also adopt a universal design which will incorporate barrier-free
guidelines of both the Philippines and Japan for elderly, children and persons with disabilities.
The proposed measure is to provide walkways elevator and escalators, in addition to stairs for
vertical movement of passengers from streets to stations’ platforms.

f. Tunnel

24. The 5.6 km connecting line from SCRP to MMSP will cover the section from Senate
station to FTI station and Bicutan Station (Figure 5). The connecting line will include an
underground section which has an approximate route length of 5.1 km and a viaduct section
of 0.5 km shared with SCRP. The tunnel section between Senate and FTI passes through
mostly government properties within Pasay City and Paranaque City.

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Figure 5: Cross-section of Tunnel Alignment from the Connecting Line of Senate to


FTI-Bicutan

25. The estimated station location required space for commuter mobility, and major
dimensions of the station are shown below. Final specifications will be determined in the DED
phase.

26. Station Locations. The station locations and distance between the stations are
described in Table 5. The detailed station locations are described in Chapter 2.

Table 5: Station Location


Distance to
Stations Location
next station
1 España Manila City 2.2 km
2 Santa Mesa Manila City 2.8 km
3 Paco Manila City 3.4 km
4 Buendia Makati City 1.9 km
5 EDSA Makati City 1.2 km
6 Nichols Taguig City 3.4km
7 FTI Taguig City 1.7 km
8 Bicutan Parañaque City 4.5 km
9 Sucat Muntinlupa City 3.7 km
10 Alabang Muntinlupa City 2.9 km
11 Muntinlupa Muntinlupa City 3.9 km
12 San Pedro San Pedro City 1.1 km
13 Pacita San Pedro City 2.6 km
14 Biñan Biñan City 3.1 km
15 Santa Rosa Santa Rosa City 6.1 km

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Distance to
Stations Location
next station
16 Cabuyao Cabuyao City 5.4 km
Cabuyao City/
17 Banlic 3.3 km
Banlic City
18 Calamba Calamba City
Total Length 53.1 km4
Source: JICA Study Team

27. Station Type. The station types are described in Table 6. The sample design of
stations is shown in Figure 6. The widths of stations are wider than ROW of PNR (30m) and
acquisition of additional land will be required. The necessary land acquisition for stations
estimated at the time of Feasibility Study is stated in Paragraphs 68 to 87 where outlines of
the stations are described. The area of actually required lands will be confirmed after the
design of stations is finalized.

Table 6: Station Type


No. Station name Platform type
1 España Two side platforms with two tracks served
2 Santa Mesa Two side platforms with two tracks served
3 Paco Two island platforms serving four tracks
4 Buendia Two island platforms with four tracks
5 EDSA One platform with two tracks served
6 Nichols One platform with two tracks served
One at-grade platform with 2 tracks served and one
7 FTI
underground platform with 2 tracks served
8 Bicutan Two island platforms serving four tracks
9 Sucat Two side platforms with two tracks served
10 Alabang Two island platforms serving four tracks
11 Muntinlupa Two side platforms with two tracks served
12 San Pedro Two island platforms with 4 tracks
13 Pacita Two side platforms with two tracks served
14 Biñan Two side platforms with two tracks served
15 Santa Rosa Two island platforms serving four tracks
16 Cabuyao Two island platforms with four tracks
17 Banlic Two side platforms with two tracks served
18 Calamba Two island platforms serving four tracks
Source: JICA Study Team

4 The above distances are the distances between the centers of stations. Project section includes the 1.35 km-long
section between the beginning point, about 200m east of Blumentritt Station, and Espana Station, as well as 0.1
km-long section between the center of Calamba Station and the end point. Thus, the total length of Project
section is 54.6km.

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Figure 6: Sample cross-section of Alignment at Stations

Figure 7: Sample Design of the Station

a. Required Dimension of the Station

28. The 180 m length of the platform is determined by the number of trains (8 car-train)
plus an additional 10 m of free space at both ends of the platform. All stations are designed to
accommodate 10 car trains in the future.

29. Station-related Facilities. The planned station-related facilities are described in Table
7.
Table 7: List of Planned Station related Facilities
Station Station Related Facility Contents Land
1) Pedestrian Bridge España Blvd crossing ROW of station
2) Pedestrian Deck Connect to east side of the station ROW of station
1 España
3) Elevators España Blvd crossing ROW of station
4) Intermodal Facility West side of the station ROW of station

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Station Station Related Facility Contents Land


Parking lots for station staff and
5) Car Parking ROW of station
shuttle transportation service
Teresa crossing and connect to ROW of station,
1) Pedestrian Bridge
LRT2 station Road
2) Elevators N/A
Santa ROW of station,
2
Mesa 3) Intermodal Facility North and east side of the station Road,
Residence
Parking lots for station staff and
4) Car Parking ROW of station
shuttle transportation service
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
3 Paco 3) Elevators N/A
4) Intermodal Facility North and west side of the station ROW of station
Parking lots for station staff and
5) Car Parking
shuttle transportation service

1 Pedestrian Deck Connect to north side of the station ROW of station


Buendia Av and Osmeña Highway ROW of station,
2) Elevators
4 Buendia crossing Road
North, south and east side of the
3 Intermodal Facility ROW of station
station
Parking lots for station staff and
4) Car Parking ROW of station
shuttle transportation service
Avenida-Epifanio de los Santos
Ave, ROW of station,
1) Pedestrian Bridge
Road
Connect to MRT3 station
2) Pedestrian Deck Connect to north side of the station ROW of station
5 EDSA
3) Elevators N/A
4) Intermodal Facility West side of station ROW of station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transportation service
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
6 Nichols 3) Elevators N/A
4) Intermodal Facility North and west side of the station ROW of station,
Parking lots for station staff and
5) Car Parking
shuttle transportation service
Underground
1) Pedestrian
Crossing
2) Pedestrian Deck To be redesigned for integration
3) Elevators with MMSP station
7 FTI
4) Intermodal Facility
5) Car Parking
Vertical Transfer Concourse between SCRP and
6) ROW Station
Facility MMSP
1) Pedestrian Bridge
To be redesigned for integration
8 Bicutan 2) Pedestrian Deck
with MMSP station
3) Elevators

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Station Station Related Facility Contents Land


4) Intermodal Facility
5) Car Parking
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
9 Sucat 3) Elevators N/A
4) Intermodal Facility North side of the station ROW of station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
10 Alabang 3) Elevators N/A
4) Intermodal Facility North and south side of the station ROW of station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
11 Muntinlupa 3) Elevators N/A
4) Intermodal Facility West and south side of the station ROW of station,
Parking lots for station staff and
5) Car Parking ROW of Station
shuttle transport service
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
3) Elevators N/A
12 San Pedro North, west and south side of the
4) Intermodal Facility ROW of station
station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
13 Pacita 3) Elevators N/A
4) Intermodal Facility West and south side of the station ROW of station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge General Malvar St crossing ROW of station
2) Pedestrian Deck Connect to east side of the station ROW of station
14 Biñan 3) Elevators Genera Malvar St. crossing ROW of station
4) Intermodal Facility West and south side of the station ROW of station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge Manila S. Rd. crossing ROW of station
2) Pedestrian Deck Connect to west side of the station ROW of station
15 Santa Rosa 3) Elevators Manila S. Rd. crossing Road
4) Intermodal Facility West and south side of the station ROW of station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge N/A
16 Cabuyao 2) Pedestrian Deck N/A
3) Elevators N/A

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Station Station Related Facility Contents Land


North, west and south side of the
4) Intermodal Facility ROW of station
station
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
1) Pedestrian Bridge Currently being designed To be planned
2) Pedestrian Deck To be designed To be planned
17 Banlic 3) Elevators To be designed To be planned
4) Intermodal Facility To be designed To be planned
5) Car Parking To be designed
1) Pedestrian Bridge N/A
2) Pedestrian Deck N/A
3) Elevators N/A
18 Calamba West and south side of the station
4) Intermodal Facility ROW of station
(12,072m2)
Parking lots for station staff and
5) Car Parking ROW of station
shuttle transport service
Note” ROW of station” is within project ROW. All other one outside of project ROW.
Source: JICA Study Team

30. Depot. The Depot is planned in between Banlic station and Calamba Stations, to be
located in Barangay Banlic, Calamba City. The exact boundary of the depot is being
determined and the total area is expected to be around 30 hectares. The location of the Depot
is indicated in Figure 8.

Source: JICA Study Team


Figure 8: Location of South Depot

31. The depot will serve as an area for stabling, maintenance, inspection and train repair.
Aside from these, the depot will function mainly as a central command office which conducts
the operation control of the main line and the integrated management of electricity, facilities
for the crew, and the maintenance base for track, power supply system, signaling,
communication systems, and civil and architectural facilities. The layout plan of the depot is
shown in Figure 9.

32. The depot will include the following facilities:


a. Operation control center (OCC) building;

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b. Light repair shop;


c. Unscheduled repair shop;
d. Wheel re-profiling shop;
e. Catenary maintenance vehicle shop;
f. Shunting car shop;
g. Fuel pump house;
h. Oil storage for light repair shop;
i. Hazardous store;
j. Garbage shed for light repair shop;
k. Truck garage;
l. Substation 1;
m. Distribution board space 1;
n. Maintenance car shop;
o. Water pump house 1;
p. Track maintenance office;
q. Security house 1;
r. Security house 2;
s. Bicycle parking shed;
t. Motorbike parking shed

Source: JICA Study Team


Figure 9: Layout Plan of the Depot Site

33. Construction Yards. The SCRP has identified eleven potential construction yards.
However, the decision on the selection of construction yards will be made by the contractor,
and leasing is the considered option. Condition of leasing of the land for construction yards
will be negotiated between the land owner and the contractor. Availability of land for
construction yards is being studied as a part of detailed engineering design.

34. The Construction yards will consist of the following facilities:


a. Office (Contractor & Engineer)
b. Laboratory
c. Worker’s Quarter
d. Warehouse
e. Rebar, Formwork Fabrication Yard
f. Batching Plant
g. Segment Casting Yard

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35. Construction Yard for Tunnel of Connection Section. The base for the tunnel
boring machine (TBM) is currently assumed at the north side of FTI Station as schematically
shown in Figure 15 as a rectangle shaded in blue. This site is facing East Service Road (ESR)
and can be directly accessed from ESR. The decision of selection of TBM base will be made
by the contractor, and leasing is the considered option.

36. Substations. The location and plan of substation will be consulted and coordinated
with Manila Electric Company (MERALCO) during DED stage. The substations will be
designed to be located under the viaduct and within the 30m ROW. Typical plan of substation
is shown in Figure 10.

Source: JICA Study Team


Figure 10: Typical Plan of Substation

37. Access Roads during Construction. Equipment and materials will be delivered to
the construction sites using public roads. Common equipment and materials will be
transported to the site during daytime, while oversized ones will be delivered outside the
regulated time or after obtaining permits from authorities concerned. Once the
equipment/materials are delivered to the site, temporary access roads will be used to move
them. However, where temporary access roads are not provided due to a river or road
crossing, equipment and materials will be transported using only public roads. Some widening
of the corners might be necessary, which will be determined during detailed engineering
design. For the usage of public road and construction of temporary access roads, please refer
to the Environmental Management Plan (EMP) of the Environmental Impact Statement (EIS)
Report. The EMP requires minimization of impacts, requirement for the contractor to negotiate
with landowners for lease of land for temporary needs as well as provide compensation for
any damages to property consistent with the provisions of the RAP entitlements or higher as
negotiated. Aerial photos of the identified access roads are presented in Appendix 12.

38. Maintenance Base. The Maintenance bases will be used as a place to stop
maintenance vehicles in order to reduce the travel time from the depots. These facilities will

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be built within the Project ROW or existing government owned land as much as possible. The
locations are currently being studied and will be finalized during DED. If additional land
acquisition and/or resettlement should be necessary, these additional land acquisitions and/or
resettlement will follow the principles of the RAP.

39. Utility Relocation. Utility relocation associated with land clearance for the project is
expected to utilize existing government owned easements where feasible. In the event that
public utilities relocation triggers involuntary resettlement such as land acquisition or land
clearance that displaces people using the land, then such impacts will be considered as
impacts under the scope of RAP. In such cases, the same entitlements as in the RAP will be
applied to those affected. DOTr will either take responsibility for the provision of compensation
and assistance to those affected or will formally require the agency undertaking the land
acquisition and clearance to apply the same standards and entitlements as the RAP.
Responsibilities and arrangements for utility relocation will be set out in the respective updated
RAPs. Application of this requirement will be monitored under the RAP monitoring
arrangements.

40. Tunnel construction. The section between Senate Station to FTI Station is to be
constructed as two tubes of tunnel with diameter of approximately 6m. Tunnel boring machine
(TBM) is to be used in excavation in this section. Use of TBM is expected to minimize
deformation of the ground around and above the tunnel during excavation, and as a result,
minimize the settlement of the ground surface and damage of the structures. The excavated
soil/rock is extracted through the base of the TBM which is currently planned at north of FTI
Station5 (see Figure 15). The excavated soil/rock will be hauled to the dump site through East
Service Road (ESR) which runs parallel to SCRP. The traffic for hauling the excavated
soil/rock may cause traffic congestion on ESR. The necessity of widening of ESR and/or
detouring the traffic on the ESR is being studied in DED. DOTr and JDT are consulting with
DPWH and local community (United Hill Village) for necessary measures for avoiding/
mitigating traffic congestion on ESR, including detouring the traffic to alternative road(s).

5 Location of the TBM base will be decided by the contractor. Contractor will negotiate with the landowner for lease
of the land plot. Please also see Paragraph 54.

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2. CHAPTER 2: NECESSITY OF LAND ACQUISITION AND RESETTLEMENT

41. The project will be required to acquire 1,143,100 m2 (114.3 ha) of privately-owned land
that will potentially result in the physical displacement of an estimated 11,114 households
(41,146 affected persons (APs)), economic displacement of 1,487 business owners/operators,
loss of land for 45 non-resident landowners6, and clearing of 7,207 structures due to ROW
clearance and land acquisition. Of the 11,114 affected households (AHs) to be physically
displaced, approximately 94% are non-landowner households. While the existing PNR ROW
will be used, additional land acquisition is necessary for constructing depot, station, and
increasing the right of way width in areas where width of ROW is less than 30 m, sharp
curvature area, and at station locations which will require 60m ROW width.

42. Aside from maximizing the use of the existing PNR ROW to minimize land acquisition,
engineering design options and project alternatives were prudently and continuously
assessed. Succeeding subsections below discuss the (i) different alternatives considered as
well as the (ii) projected impact on land acquisition and resettlement in the given study area.

The “Without Project” Option

43. Access from the suburbs to Metro Manila using public transportation is not sufficient to
meet demand. Road capacity is creating a bottleneck preventing further development in the
northern and southern outskirts. The northern part of the Metro Manila up to Malolos has no
operating railway, and residential areas are expanding without sufficient public transportation.
In the southern part of the city, PNR operates a limited number of non-electric trains up to
Binan in Laguna Province. Urgent measures are needed to ensure public transportation linking
the northern and southern parts to Metro Manila. Without a railway linking north and south,
sustainable growth of local industry will be hampered, traffic congestion will continue to waste
the time of commuters and the environment of the area will deteriorate further by the traffic
congestion and air pollution. Most of the route is on an existing railway right of way. Moreover,
with the connecting line of Senate-FTI-Bicutan, commuters will be able to operate direct trains
between MMSP and the SCRP lines which serves as a connecting point for commuters from
the north to the south of Metro Manila all the way to the Province of Laguna. Thus, the without
project option has little merit.

2. ROW Alternative Option

44. Alternative ROW for SCRP was not initially considered because the use of existing
PNR ROW is deemed to have the least land acquisition and involuntary resettlement. It was
only during one of the stakeholder consultation meetings held in Manila, when it was learned
that the Department of Public Works and Highways (DPWH) has an ongoing project, the NLEX
SLEX Connector Road Project (the “Connector”) - an elevated expressway project under
Public Private Partnership (PPP) that will utilize part of PNR ROW from Solis to Santa Mesa
area in Manila.

45. It was confirmed in a discussion meeting between DOTr and DPWH held March 2018
that the Connector, which is already at the final stages of design, could not be changed
anymore. Given this, the alignment of the SCRP would have to adjust westward. This would

6 Non-resident landowners are landowners who do not reside on or occupy the affected land.

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entail additional land acquisition for SCRP to compensate for several meters of PNR ROW to
be occupied by the Connector Road. (Source JICA Study Team Figure 11)

Source JICA Study Team


Figure 11: NLEX –SLEX Connector Road, Skyway Stage 3 and SCRP alignments

46. In the early stage of study of Senate – Bicutan section, FTI station was planned
underground at the location side-by-side in the plan view as shown in Figure 12. However, the
residents of United Hills Village in Barangay San Martin de Porres, Paranaque opposed this
plan because the plan would need to use a 20m wide strip of United Hills Village land along
the East Service Road (between FTI station and Bicutan station) during the construction of
the underground station (Figure 13). In order to minimize the land required during construction,
the underground FTI station of connecting line is now planned to be below the station of SCRP.
The layout of the merging rail lines is planned (Figure 14) and the connection line will be
constructed beneath SCRP within the existing PNR ROW. With this modification, the required
land during construction will be reduced as shown in Figure 15.

MMSP–SCRP connecting line

SCRP

Figure 12: Initial Plan of Layout of FTI Station

ROW boundary considering E-service road diversion and TBM base

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Figure 13: FTI Station Boundary Considering East Service Road Diversion in the Initial
Plan

Figure 14: Cross Section of FTI Station; MMSP–SCTP connecting line below SCRP

Figure 15: Required ROW after Integration of FTI Station (to be adjusted based on the
finalized DED)

3. Structure Alternative Option

47. The type of railway structure influences type and magnitude of social and
environmental impacts. An option with negative impact(s) which cannot be mitigated to an
acceptable level is discarded. Options are also compared with regard to engineering
viewpoint, such as construction cost and suitability for maintenance and operation.

a. Alternative Option

48. For railway structures, three alternative types were considered for SCRP.
Option 1: Elevated structure (Viaduct)
Option 2: Underground structure
Option 3: At Grade Structure (Including embankments)

b. Result of Alternative Comparison

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49. The result of comparison of the above-mentioned alternatives are shown in Table 8.
At Grade structure is the lowest in cost and can be applied on sections where there are no
road crossings and only a minor risk of flooding. On the other hand, where there is crossing
with arterial roads or flood prone areas, a viaduct is recommended. An underground railway
has less impact on environment and social consideration and has few obstacles that cannot
be avoided if using the existing PNR ROW, but is not adopted due to lengthy construction
period and high cost.

50. As the SCRP section passes through established urban areas, there are many
continuous road crossings, and also flood prone areas. There are approximately 12,000 AHs
within the ROW. For this section, in addition to the elevated structure option, the underground
option which will not require land acquisition was also considered. On sections where it is
possible to cross at existing railway crossings and where there is no road crossing, the railway
can remain at grade which still providing social consideration measures of passages,
deviations and underpasses to avoid unnecessary area division.

Table 8: Comparison of Type of Structures of SCRP


Option 3
Option 1 Option 2
Elevated Structure
Elevated Structure Underground Structure
(+At Grade Structure)
(All line) (All line)
(Solis-up to Calamba)

Appearance

Social Environment
A: The necessary ROW is C: The necessary ROW is B: The necessary ROW is
Land
narrower than at grade the widest narrower than underground
Acquisition
structure structure
C: Resettlement of APs C: Resettlement of APs and
Affected A: Resettlement of APs and
and ISFs within the ROW ISFs within the ROW is
Households ISFs is minimum
is necessary necessary
A: The necessary ROW A: The necessary ROW A: The necessary ROW
ROW between stations is 30m, between stations is 30m, and between stations is 30m, and
and 60m at station 60m at station 60m at station
Dividing of
B: Little impact of A: No impact of community C: Significant impact of
local
community division division community division
community
Natural Environment
Protected B: Small impact is A: Tunnel structure have very C: Significant impact is
Area expected little impact on the ground expected
B: Small impact is A: Tunnel structure have very C: Significant impact is
Biodiversity
expected little impact on the ground expected
A: As it is an elevated B: Need to take measures to B: Need measures to prevent
Flooding structure, the tracks will not prevent submersion in the flooding for at grade structure
Risks be submerged in case of tunnel in case of flooding
flooding

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Option 3
Option 1 Option 2
Elevated Structure
Elevated Structure Underground Structure
(+At Grade Structure)
(All line) (All line)
(Solis-up to Calamba)
Pollution Prevention
B: Noise will be generated A: There will be no noise B: Noise will be generated
along the railway, but the along the railway along the railway, but the
Noise
impact can be mitigated by impact can be mitigated by
installing noise barriers. installing noise barriers.
B: The operation of B: During construction, A: There will be relatively few
construction machinery transportation of excavated vehicles loading
Air Pollution and vehicles during soil by vehicle is expected to embankment material during
construction is expected to generate air pollution construction and air pollution
generate air pollution risk is relatively low
C: Possible impact on
Water
A: Little impact underground water due to A: Little impact
Pollution
construction
A: Low risk of ground B: There is risk of land
Ground
A: No ground subsidence subsidence because of subsidence in case of soft
Subsidence
underground structure ground
Engineering
B: Standard construction
C: Very complicate A: Simple construction
Construction sequence and difficulty.
construction methodology of sequence for fully at-grade
difficulty More complex for long
main alignment and stations. sections.
span river bridges.
A: Same as elevated
Construction B: low cost than
C: Very high in cost structure if soil improvement
Cost underground structure
is necessary
Construction B: Long C: Longest A: Long if soil improvement is
Time necessary
A: Maintenance and cost is C: Maintenance and cost is C: Maintenance and cost is
less than underground the highest the lowest, but in case of
Operation
structure ground subsidence or
/Maintenance
condition change, reparation
is very difficult
B: Relatively safe and C: If fire occurs in the tunnel, A: Relatively safe and
Disaster measures are easy it will become a major measures are easy
Prevention compared to underground disaster compared to elevated
structure structure
A: Structures are designed A: Structures are designed in A: Elevated structures are
in consideration of consideration of earthquakes designed in consideration of
earthquakes earthquakes. As at grade
Earthquake
structures are low
embankments, the impact of
earthquake is limited
View from the
A: Pleasant C: No View A: Pleasant
Windows
B: The structure design A: No impact on landscape B: The structure design
needs to consider the because of underground needs to consider the impact
Landscape
impact on surrounding structure on surrounding landscape
landscape
A: Few impacts on roads A: No impact on roads C: Significant impact on
Physical existing roads and there are
Conditions risks of intrusion into railway
crossings and rails

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Option 3
Option 1 Option 2
Elevated Structure
Elevated Structure Underground Structure
(+At Grade Structure)
(All line) (All line)
(Solis-up to Calamba)
A: It has fewer advantages C: Construction period is B: It can be adopted in the
than underground option long and the cost is sections where the impact on
for Social and expensive existing roads is small,
environmental aspects but because of the lower cost
it is a good option for
Evaluation construction period and
construction cost. Impact
on roads is small and after
overall evaluation, this
option will be adopted for
most sections
Note: A: Excellent, B: Good, C: Poor
Source: JICA Design Team

4. Station Site Alternative Options

a. Station Site Alternatives

51. While the RAP covers 60m by 250m dimension for the feasibility study of station
location, station architects are looking into various options to minimize land acquisition. Some
adjustments of locations have occurred in the course of the design process. Locations of some
stations have been shifted considerably from earlier design stages. The detailed engineering
designs of these stations are ongoing. Requirement for land acquisition and resettlement of
these stations will be surveyed based on the finalized design.

52. Figure 16 to Figure 35 show footprint of the station locations for SCRP and the
alternatives presented by the station architects.

i. España Station

53. Espana Station is located between Laong Laan Station (existing PNR Station) and
Santa Mesa Station. It is one of the busy stations as it is also located near Espana Avenue in
Manila. The options considered for the study are the existing PNR station and the proposed
station located north of the existing PNR station (across Espana Blvd). The proposed station
avoids the sewage facility near the existing PNR station. There are 23 affected structures and
51 affected families as per FS stage surveys. In barangay 473, affected structures include the
barangay hall and a day care. In barangay 472 structure owners refused to be tagged.

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Figure 16: España Station

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ii. Santa Mesa Station

54. Sta. Mesa Station is located near the Polytechnic University of the Philippines (PUP)
which is a state university (operated by the government). Thus, this station expects to serve
more students from the areas of Manila, Makati, Paranaque and even from Laguna province
once the SCRP is in operation. The proposed station is located close to the existing PNR
station. As per FS stage surveys, there are 9 affected structures and 25 affected families.
Affected structures include the barangay hall of barangay 629 and barangay 630, and several
university structures.

Figure 17: Sta. Mesa Station

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iii. Paco Station

55. Paco Station is located in Paco Manila and adjacent to one the houses of the old
stations of PNR. As shown in Figure 18 below, the existing PNR station lies parallel to Quirino
Highway at the corner of Pedro Gil street. The proposed Plan B station lies beside the northern
part of the current station while Plan A lies 600m north of the current station. Land acquisition
is not required for any of the options. The foremost consideration in finalizing the station site
is the presence of a historical building (the old PNR PACO station) which raises concerns for
rehabilitation/renovation with the National Historical Commission of the Philippines (NHCP).
Thus, the reason for recommending Plan A is to avoid the old station. There are 52 affected
structures and 135 affected families, as of the time of Feasibility Study.

Figure 18: Paco Station

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iv. Buendia Station

56. Buendia Station is located in Makati and lies parallel to Buendia Avenue just across
from SM Hypermart. The sites considered for the station include the current PNR station and
a proposed station south of the existing station. Both options have direct access to main road
and do not require additional land acquisition. However, the reason for recommending the
proposed station is to avoid a historical building which is near the current PNR station. At the
time of the Feasibility Study, the area covered (for every station) was 60m wide and 250m
long which would potentially affect 48 structures including medium rise buildings and158
affected families who are mostly legal owners and renters.

Figure 19: Buendia Station

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v. EDSA Station

57. EDSA Station is located in one of the busiest areas of Makati City and is walking
distance from Magallanes MRT Station. The proposed location of the station (Plan B) was
moved several hundred meters from the existing EDSA Station (Plan A). There would be no
need to acquire additional land for either options. However, the reasons for recommending
Plan B are: (i) to avoid the huge waste treatment facility located near the current station; (ii)
easier to connect to MRT 3 station via pedestrian facility; and (iii) bigger space if the station
design will be integrated with the Skyway column. There would be 16 affected structures in
this option and 1 affected family within the 60m by 250m study area as of the time of Feasibility
Study. Plan B has been agreed by DOTr and the City of Makati.

Figure 20: EDSA Station

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vi. Nichols Station

58. Nichols station was planned at the location in Barangay Nichols, Taguig City, 500m
north of the intersection of Metro Manila Skyway and Lawton Ave, as shown in Figure 21. The
station is located beside Department of Social Welfare and Development (DSWD) Office. The
city of Taguig has been consulted about this location but has not yet expressed concensus to
this location as of March 2020.

Figure 21: Nichols Station

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vii. FTI Station

59. FTI Station is located in Barangay San Martin De Porres, Paranaque City. The
proposed station lies within the PNR ROW. The area has light development and would be
developed as the South Integrated Transport System in the future. Land acquisition would be
necessary for the retention of 14-m width of East Service Road after the existing PNR will be
re-aligned to the east side of SCRP. The proposed station will require acquisition of an
estimated 75,000m2 of private land. There would be 40 affected structures as per survey
results within the 14m by 250m study area although detailed design is directed towards not
affecting any of these structures.

Figure 22: FTI Station

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viii. Bicutan Station

60. Bicutan station is located in Barangay Bicutan, Paranaque City. The city of Panaque
has accepted the proposed location of near interchange of Metro Manila Sky way and Dona
Soleded Ave. The proposed station has been adjusted to the north side of the current station.
The reason for recommending the proposed station are (i) being adjacent to the government
owned property, the Philippine National Construction Company (PNCC), which is one of the
potentially affected lands, and (ii) Easy access to main roads and SM malls. The design of this
station is currently ongoing, and the data of affected structures and affected families are not
available at present. They will be surveyed in the DMS will be done based on the finalized
design.

Figure 23: Bicutan Station

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ix. Sucat Station

61. There are two options considered as location for Sucat station: (i) Plan A which is the
current location of Sucat Power Plant; and (ii) Plan B which is adjacent to the current PNR
station. Plan A is preferred by DOTr. However, in this proposed location, additional land for
about 1,100m of spur line would be acquired. The affected area is heavily built with residential
structures whose occupants/owners refused to be tagged and interviewed as of writing. They
are proposing another site located along the existing alignment and will not require land
acquisition for the proposed alignment.

Figure 24: Sucat Station

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x. Alabang Station

62. Alabang Station is one of the stations with high ridership due to its location and
accessibility. It is located near the city center, at the back of 2 shopping malls in Alabang,
Muntinlupa City. Initially, four alternatives were considered for station site: Plan A which is
located near the current PNR station; Plan B which is located north of Plan A and has indirect
access to main road; Plan D which is located south of the current PNR station; and Plan C
which is located south of plan D. Plan A is highly recommended due to its accessibility and
space for future intermodal facility. There are 121 affected structures and 340 affected
households per survey result.

Figure 25: Alabang Station

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xi. Muntinlupa Station

63. Muntinlupa Station is located in Barangay Poblacion, Muntinlupa City. Initially, three
alternatives were considered for the station location: Plan A located near the current PNR
station; Plan B located north of Plan A; and Plan C located south of Plan A. Acquisition of
additional land is not necessary in all three options. Plan A is highly recommended due to its
accessibility and space for future transport-oriented development. Plan A has been accepted
by the city of Muntinlupa. There are 15 affected structures as per FS surveys.

Figure 26: Muntinlupa Station

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xii. San Pedro Station

64. San Pedro Station is located in San Pedro City, Laguna. The sites considered for the
station, Plan A is close to current PNR station and Plan B is south of the existing station, as
shown in Figure 26 below. Both options have direct access to main road and does not require
additional land acquisition. However, the reason for recommending Plan B is avoiding the
historical building which is an old PNR station. There were 27 affected structures and 102
affected families as per FS stage surveys if Plan B was to be adopted. During DED, a new
location which crosses over Crismor Avenue, approximately 200m south of Plan A, as shown
in Figure 27 below was selected. The numbers of affected structures and affected families will
be updated through the Detailed Measurement Survey to be conducted based on the finalized
design.

Figure 27: Options of Locations of San Pedro Station Considered in the Feasibility
Study

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Figure 28: New Location of San Pedro Station

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xiii. Pacita Station

65. Pacita Station is another station located in San Pedro City Laguna. It is located in the
industrial area of the city. Two options were considered for the study which includes (i) Plan A
located south of the current PNR station and (ii) Plan B located north of the current PNR
station. Both stations do not require additional land acquisition and have direct access to main
road. However, Plan A is heavily developed while Plan B is lesser built-up area which made it
the preferred location as of writing. There are 5 affected structures within the 60m by 250m
study area (of Plan B) whose owners refused to be interviewed. These structures are
warehouses. The city of San Pedro has agreed to Plan B.

Figure 29: Pacita Station

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xiv. Binan Station

66. Binan Station is the only station located in Binan City, Laguna. There are three options
considered for station site which includes (i) the current PNR station; (ii) Plan A located north
of the current PNR station and (iii) Plan B located far south of the current PNR station. The
current PNR station is a heavily built-up area while the two other options are less developed.
Plan B was preferred due to its accessibility lesser number of affected structures (123 affected
structures and 171 affected households as per FS stage surveys). However, Plan A has been
opted by DOTr for the reason of better access to the main road and avoidance of old PNR
station. The numbers of affected structures and affected families will be updated through the
Detailed Measurement Survey to be conducted based on the finalized design.

Figure 30: Biñan Station

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xv. Santa Rosa Station

67. Sta. Rosa Station is the only station within the city of Santa Rosa. At the time of the
Feasibility Study, two options were considered for station location which includes (i) Plan A
located adjacent to the current PNR station and (ii) Plan B located far north of the current PNR
station. Both options require additional land acquisition. However, Plan B is highly
recommended by the LGU of Sta. Rosa due to its proximity to future development plans of the
city and bigger space for station. It lies next to Sta. Rosa Sports Arena and a few meters away
from residential area and within walking distance from SM Mall. A multi-level parking is
currently being constructed adjacent to the proposed station. There is no affected structure or
family.

Figure 31: Options of Location of Sta. Rosa Station at Considered in the Feasibility
Study

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xvi. Cabuyao Station

68. Two options were considered as location for Cabuyao station: (i) Plan A where the
current PNR station is located and (ii) Plan B located south of the current PNR station where
is located in Barangays Poblacion 1 and Bigaa, Cabuyao City (see Figure 32 below). Both
locations do not require additional land acquisition based on initial study. Close to Plan B,
there is potential area but there is no main access road thus Plan A is preferred due to its
accessibility. Near the Plan A, there is an old PNR station which is historical building and it
would be avoided. There are 10 affected structures and 10 affected households as per FS
stage surveys. During DED, the location approximately 700m south of Plan B, as shown in
Figure 32 has been selected. There is a plan where the existing road which runs in north of
the station, parallel to SCRP be widened. The numbers of affected structures and affected
families will be updated through the Detailed Measurement Survey to be conducted based on
the finalized design.

Figure 32: Options of Location of Cabuyao Station Considered in the Feasibility Study

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Figure 33: Location of Cabuyao Station Agreed between DOTr and JDT in DED

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xvii. Banlic Station

69. The JICA Design Team was requested by DOTr and Calamba City to design a station
in Barangay Banlic in Calamba, Laguna where the South Depot is planned to be located and
informal settlers are planned to be resettled. This site is an open area beside Villa Palao Rd.
The proposed new location as shown in Figure 34 was accepted by LGU of Calamba. Since
this station was proposed and agreed during the development of the detailed design, the
survey of required land, affected structures and affected families has not been conducted and
no survey results are available at present. The survey of these social impacts will be
conducted upon finalization of the DED.

Figure 34: Location of Banlic Station

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xviii. Calamba Station

70. Calamba Station is the last station for this segment of SCRP. At the time of the
Feasibility Study, two options were considered as location for Calamba station: (i) Plan A
located in the current PNR station and (ii) Plan B located 1.2km south of the current PNR
station near the public park and city hall. Plan B would require additional land acquisition, while
Plan A would not affect private land aside from few informal settler structures. It is located in
the busy street of J.P. Rizal in Calamba City near the city market. However, during
development of DED, Plan B was selected based on the request of Calamba City, because it
is close to the planned municipality development site and hence is more conducive the city’s
development plans. Since Plan A was recommended at the time of FS, the survey of required
land, affected structures and affected families for Plan B has not been conducted and no
survey results are available at present. The survey of these resettlement and social impacts
will be conducted upon finalization of the DED.

Figure 35: Calamba Station

b. Potentially Affected Community Facilities in Each Station

71. Table 9 presents the list of barangays where the proposed stations are located and
the summary of potentially affected community facilities in each station.

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Table 9: List of Barangays & Potentially Affected Community Facilities in the


Proposed Stations7
Station LGU Affected Barangays Affected Community
Facility/Sensitive Facility
Espana Station Manila 472, 473 Barangay hall, day care center
Santa Mesa Manila 628, 629, 630 Barangay hall, university structures
Station
Paco Station Manila 815 Old PNR Station
Buendia Station Makati Pio Del Pilar -none-
EDSA Station Makati Bangkal, Magallanes LGU building
Nichols Station Taguig Western Bicutan -none-
FTI Station Paranaque San Martin De Porres Service road
Bicutan Station Paranaque San Martin De Porres -none-
Sucat Station Muntinlupa Sucat, Buli -none-
Alabang Station Muntinlupa Alabang -none-
Muntinlupa Muntinlupa Poblacion -none-
Station
San Pedro San Pedro Nueva, Fatima -none-
Station
Pacita Station San Pedro Nueva, Pacita 1 -none-
Binan Station Binan San Vicente -none-
Sta. Rosa Sta. Rosa Tagapo -none-
Station
Cabuyao Station Cabuyao Poblacion 1, Bigaa -none-
Banlic Station Cabuyao Mamatid, Banlic -none-
Calamba Station Calamba Poblacion 1 Chapel and day care center

5. Depot Site Alternative Options

72. For the required depot sites, three options were compared for SCRP.

Table 10: Depot Site Comparisons for SCRP in Terms of Social Environment and
Engineering
Option 1 Option 2 Option 3
Near Sucat Near Mamatid Near Los Baños

Picture

Social Environment

7
Affected Barangays and Affected Community/Sensitive Facility listed are those surveyed in the Feasibility Study.
They will be updated through the Detailed Measurement Survey and Socioeconomic Survey conducted based on
the finalized DED.

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Option 1 Option 2 Option 3


Near Sucat Near Mamatid Near Los Baños
C: Old Power Plant: B: Agricultural land with B: Approx. 10 ha
Stopped working in 2002: portion of built-up areas agricultural land(Rice
Approx. 13 ha Current field)
Land use
owner is River Bend
Consolidated Mining
Corp. (Private Company)
C: Need additional land B: Need change of land C: Need additional land
acquisition for the depot class (irrigated agricultural
acquisition for the depot
Land
site as well as access land) and land acquisition.
site from IRRI as well as
Acquisition
route to the Depot. (13ha) (33ha) access route to the
Depot. (10ha)
B: Resettlement of B: AHs within the area being C: Risk of loss of income
dozens of AHs along the considered. Risk of loss of of farmers as well as
Resettleme
access line to the depot income of farmers additional 10,000 APs
nt
along the access route to
the Depot.
Natural Environment
A: No protected area A: No encroachment to any C: Mount Makiling is
Protected
around the Project site protected area located about 0.5 km
Area
from the site
Land B: Loss of houses due to C: Loss of agricultural land. B: Loss of agricultural
Alteration the access line (33ha) land (Approx. 10 ha)
Pollution
C: Concentrated B: Adjacent to low-cost B: Near residential area,
Noise and residential area, potential housing in the northwest and risk of noise impact
Vibrations impacts of noise and San Cristobal River to the
vibration south
C: Risk of water pollution C: Risk of water pollution to C: Risk of water pollution
of Laguna de Bay due to San Cristobal River due to of Molawin river due to
Water sediment loaded water sediment loaded water sediment loaded water
discharged during discharged during discharged during
construction construction if not mitigated construction
Engineering
C: Need to demolish A: Most are open areas A: No existing structure,
existing structures prior to (agricultural) with settlement the work schedule until
construction. in the west and southeast the start of construction
Constructio
The land is limited and can be shortened.
n difficulty
constrains the facility The land is vast and little
layout constraints in facility
layout
Constructio C: Most costly A: Most economical B: higher cost than option
n Cost 2
A: Close to urban area B: Near to the proposed C: Far from urban area
and convenient for Mamatid station but and commuting to the
Operation
commuting to the depot accessibility might be an depot site will have long
site issue time

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Option 1 Option 2 Option 3


Near Sucat Near Mamatid Near Los Baños
A: Can be operated as A: Can be operated as soon C: Located at the
soon as rails are laid to as rails are laid to the depot southern end of the
Start in
the depot project, depot operation
practice
needs the laying of rails
for the entire section
B: Considering the A: Considering the storage C: Considering the
storage capacity of rolling capacity of rolling stock, proximity to the protected
stock, operation of operation of carriage and area and cause extra
Evaluation carriage and maintenance, the option is resettlement.
maintenance, it is more preferred site for depot.
difficult comparing to However, the land class
Option 2. conversion is required.
Note: A: Excellent, B: Good, C: Poor
Source: JICA Study Team

73. Due to the above considerations and resistance of IRRI, the preferred site under
consideration for the depot is the Banlic site in Calamba City near Mamatid (Option 2).

a. Banlic Depot Site

74. The Banlic Depot site is located in Barangay Banlic, Calamba City. The study area
covers 90 hectares of agricultural irrigated lands, albeit only 30 hectares may be needed for
the depot. By law, there are tight restrictions governing the conversion of irrigated agricultural
lands but initial discussion with the Department of Agrarian Reform (DAR) indicates the
possibility of it being converted through the LGU for use of government for infrastructure
project. There are 86 affected structures and 90 affected families within the study area.

Figure 36: Banlic Depot Site

6. Alternative Options for connecting line of Senate-FTI-Bicutan

75. Alternative options for the connecting line of the Senate–FTI–Bicutan Section (Figure
37) were carefully studied by the engineering team to come up with an alignment and a station

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design that will have the least environmental and social impacts. The section between Sente
to FTI Station will traverse the underground of government land. The section between FTI
Station and Bicutan is designed within the PNR ROW in order to minimize displacement and
reduce the number of affected persons. Between FTI Station and Bicutan Station, the north-
bound line of the existing PNR will be shifted to east side of SCRP after completion of SCRP.
Detailed layout of rail lines will be studied at the DED stage. The impacts of shifting PNR on
requirement of additional land and resettlement will be studied in the Detailed Engineering
Design. It is, however, expected that the more compact and integrated design of the intended
underground and elevated stations in FTI will reduce the overall land acquisition requirement
and therefore also reduce the number of affected households.

Figure 37: Integrated SCRP Stations


(Note: SCRP is shown as NSRP)

76. Project alternatives above show that despite using the existing PNR ROW, additional
land acquisition is still expected to be necessary to achieve the capacity and design objectives
of the project. Specifically, acquisition of additional parcels of land will be necessary in areas
where width of ROW is less than 30 m, sharp curvature area, depot, and at station locations
which will require 60m widths.

77. Significant land acquisition is within highly urbanized areas of Manila (from Blumentritt
to Santa Mesa section). In this section, the structures of the NLEX-SLEX Connector Road are
planned to be built inside the PNR ROW, side by side with the proposed SCRP alignment.

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78. There will be minimal land acquisition in the areas of Makati, Taguig and Paranaque.
In Muntinlupa, another significant land acquisition may be needed for the track going to the
proposed Sucat Station which will be in old Sucat Power Plant. Figure 39 below shows the
alignment (red line) connecting the SCRP alignment to Sucat station site.

Figure 38: Location of Sucat Station at the Old Sucat Power Plant Site

79. As the railway alignment traverses towards the south, ROW acquisition will be along
urbanized areas of San Pedro, Biñan, Sta. Rosa, Cabuyao, and Calamba. As observed and
validated with census data, the concentration of APs due to land acquisition are mostly found
at both ends of the project alignment; i.e., Manila, with 3,868 households (3,522 of which, are
non-landowner) in the north, and Calamba with 2,447 households (2,333 of which are non-
landowners) in the south.

80. For the purpose of feasibility study, DOTr, JICA and ADB agreed to cover 30 meters
width for the main alignment and 60 meters width for each station, while engineers and
architects are exploring possible options to lessen land acquisition. The DMS was carried out
to identify and to make inventory of assets that would be lost due to the project.

81. Table 11 shows the estimated land acquisition required per LGU and the
corresponding affected structures and families based on the agreed study area for FS RAP.

Table 11: Land Acquisition Requirement and Resettlement Impact 8

Land Acquisition Number of


City Number of AHs
(in m2) Structures

Manila 135,000 1,730 3,868


Makati 52,200 64 161
Taguig 92,900 172 378
Paranaque 22,000 40 38
Muntinlupa 165,000 789 1,299
San Pedro 48,000 231 301
Binan 63,000 1,692 2,081
Sta. Rosa 78,000 352 435
Cabuyao 96,000 102 106
Calamba 391,000 2,035 2,447

8
Resettlement impacts listed here are those surveyed in the Feasibility Study. They will be updated through the
surveys conducted based on the finalized alignment and design.

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Land Acquisition Number of


City Number of AHs
(in m2) Structures

Total 1,143,100 7,2079 11,114

82. Based on the approximate existing width of the PNR ROW at 20 m10, provision of land
for a 30 m wide PNR ROW and land for the proposed dimensions of the stations and depot
would entail acquisition of additional 1,143,100 m2 of for the alignment, stations and depot. Of
this, it is estimated that 893,100m2 will be required for the ROW and 250,000 m2 will be
required for the depot.

Table 12: Estimated Land Acquisition Requirements by ROW and Depot11


Total Land
Land Acquisition Land Acquisition
City Acquisition
for ROW (m2) for Depot (m2)
(m2)

Manila 135,000 135,000 Not applicable


Makati 52,200 52,200 Not applicable
Taguig 92,900 92,900 Not applicable
Paranaque 22,000 22,000 Not applicable
Muntinlupa 165,000 165,000 Not applicable
San Pedro 48,000 48,000 Not applicable
Binan 63,000 63,000 Not applicable
Sta. Rosa 78,000 78,000 Not applicable
Cabuyao 96,000 96,000 Not applicable
Calamba 391,000 91,000 300,000
Total 1,143,100 893,100 250,000

83. Of the total land to be acquired, it is estimated that 250,000 m2 is agricultural land,
655,300 m2 is residential land and 237,800 m2 is commercial land.

Table: Estimated Land Acquisition Requirements by Land Category


Total Land
Residential Agricultural Other Land
City Acquisition
Land (m2) Land (m2) (m2)
(m2)

Manila 135,000 81,000 0 54,000


Makati 52,200 52,200 0 0
Taguig 92,900 84,000 0 8,900
Paranaque 22,000 22,000 0 0
Muntinlupa 165,000 99,000 0 66,000
San Pedro 48,000 38,400 0 9,600
Binan 63,000 44,100 0 18,900
Sta. Rosa 78,000 54,600 0 23,400
Cabuyao 96,000 67,200 0 28,800

9 Includes all tagged main and associated structures (i.e. fence, pig pen, store room, empty structures, water tank,
etc.)
10
Boundary survey and parcellary survey will be undertaken during preparation of DED stage RAP.
11 Based on FS alignment.

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Total Land
Residential Agricultural Other Land
City Acquisition
Land (m2) Land (m2) (m2)
(m2)

Calamba 391,000 112,800 250,000 28,200


Total 1,143,100 655,300 250,000 237,800

Type of Structures Affected by the Project

84. There are 7,207 structures that will be affected by the project. This includes all
associated structures (i.e. fence, garage, water tank, pig pen etc.) and vacant structures. It
must be noted that this figure is based on the DMS and not SES. The figures presented in
Chapter 3 are based on socio-economic survey (SES) only and does not include associated
structures and structures where there is no occupant at the time of survey. Based on the result
of DMS, most of the affected structures are residential (6,496 or 90.13%), followed by
commercial structures (410 or 5.69%), “others” which includes associated structures (120 or
1.67%), institutional structures (43 or 0.60%), industrial structures (15 or 0.21%) and
structures with unidentified use due to refusal of community to be surveyed (123 or 1.71%).
Refer to
85. Table 13 below.

Table 13: Loss of Structures in the Project12


No Type of No. of Structures %
1 Residential 6,496 90.13%
2 Commercial 410 5.69%
3 Institutional 43 0.60%
4 Industrial 15 0.21%
5 Others 120 1.67%
6 Unidentified13 123 1.71%
Total 7,207 100.00%

Construction Type of Affected Structures

86. The structures being affected by the project are made of various types of materials
which could be light materials (bamboo and other wooden frame), timber/wood, and concrete.
Out of the 7,207 potentially affected structures, 2,926 (40.60%) are made of timber frame with
concrete wall, wooden walls, and wooden cover for windows, 2,077 (28.82%) are made of
concrete frame, tiled floor finish, corrugated galvanized iron (CGI) on timber roof, painted
closed finish (PCF) on concrete hollow block (CHB) walls, plywood ceiling and glass windows.
An estimated 829 (11.50%) structures are made of concrete frame, with concrete flooring,
CHB and plywood walls, CGI on timber roof and wood cover for windows, 103 (1.43%) are
made of concrete frame, tiled floor finish, concrete slab roof, painted PCF walls on CHB,
plywood ceiling, and glass windows while only 213 (2.96%) are made of light materials. There
are 936 condominium units affected in the city of Manila while 123 of the structures are
unclassified due to refusal.

12 Number of affected structure listed here are those surveyed in the Feasibility Study, and will be updated through
the surveys conducted based on the finalized alignment and design.
13 Due to survey refusal.

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Table 14: Construction Type of Affected Structures


City A B C D E F G Total
Manila 94 220 425 7 936 10 38 1,730
Makati 1 8 0 48 0 0 7 64
Taguig 44 33 55 0 0 38 2 172
Paranaque 2 2 12 0 0 24 40
Muntinlupa 274 143 186 0 0 134 52 789
San Pedro 152 18 23 34 0 0 4 231
Binan 1,248 158 269 13 0 0 4 1,692
Sta. Rosa 316 7 28 0 0 0 1 352
Cabuyao 76 13 9 0 0 0 4 102
Calamba 719 227 1070 1 0 7 11 2,035
TOTAL 2,926 829 2,077 103 936 213 123 7,207
% 40.60% 11.50% 28.82% 1.43% 12.99% 2.96% 1.71% 100.00%
Note:
A. Timber Frame, Concrete Floor, Wooden / CGI sheet Walls, CGI on timber roof, wood cover
for windows
B. Concrete Frame, Concrete Floor, CHB and Plywood walls, CGI on timber roof, wood cover
for windows
C. Concrete Frame, tiled floor finish, CGI on timber roof painted PCF walls on CHB, plywood
ceiling, glass windows, doors
D. Concrete Frame, tiled floor finish, concrete slab roof, painted PCF walls on CHB, plywood
ceiling, glass windows, doors
E. Condominium units
F. Light materials
G. Unclassified

Impact to Livelihood and Human Resources in the Project Area

87. As per the FS stage surveys, there are 20,303 members of households with affected
houses contributing income to their families. Of these, the majority are wage-based employees
(14,371 or 70.78%), engaged in household-based enterprises (4,610 or 22.71%) and engaged
in land-based livelihood activity (87 or 0.43%). Aside from these APs, there are 1,487 affected
stand-alone businesses with 1,452 employees as shown in Table 15.

Table 15: Type of Livelihood/Resources


Number of Affected
No Livelihood / Resources
Persons
HH Members engaged in farming/agricultural
1 87
activities
2 HH Members engaged in enterprise-based activities 4,610
3 HH Members currently employed 14,371
4 Affected businesses within the ROW 1,487
5 APs who are employed in affected businesses 1,452

Loss of Public Facilities

88. In terms of public community property facilities, 78 structures are potentially affected
by the project as shown in Table 16. Out of 78 structures, 36 are community structures which
include shed or canopy made of light and concrete materials, chapel, multi-purpose hall and
barangay structures. Thirty-seven are government structures which include barangay hall, day
care center, national government field office and university structures. These public facilities
will be compensated either by (i) cash compensation at replacement cost to the barangay or

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concerned government office; or (ii) reconstruction of the structure in consultation with the
affected community. Expenses for clearing and reconstruction including ceremonial/religious
rites and other associated costs will be shouldered by the project.

Table 16: Type of Affected Community Property Facilities


No. of
No Type of Structure %
Structure
Community Structure (market, park, sitting place, 36 46.15%
1
etc.)
2 Religious Structure (temple, church, chapel) 4 5.13%
3 Government Structure (school, health, govt. office) 37 47.44%
4 Social and Entertainment (basketball, etc.) 1 1.28%
5 Cultural and heritage (old PNR structures, etc.) 0 -
Total 78 100%

89. The DED-stage RAP will include an assessment on impacts on local social service
infrastructure based on consultations with relevant stakeholders along with description of
restorative measures for the affected services.

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3. CHAPTER 3: SOCIO-ECONOMIC CHARACTERISTICS OF THE AFFECTED


FAMILIES

90. A project level census and assets inventory and a socio-economic survey (SES) of
100% of the project affected households based on a preliminary design were carried out to
identify all APs and their affected assets (land, structures, improvements, and crops) as well
as establish the baseline profile by determining their current social and economic conditions.
The socio-economic survey included a livelihood and living survey. Furthermore, questions
were asked to establish APs’ project awareness, perceptions, issues and concerns, suggested
livelihood rehabilitation measures, information on railway access/use, previous relocations,
and relocation preferences. The information/data gathered from the socio-economic survey
are essential inputs to the development of a robust Resettlement Action Plan (RAP).

91. The socio-economic survey covered all communities located within the route of the
SCRP and the required ROW of the railway as well as stations (entrances/exits, vent
shaft/ventilation system). Specifically, it covered cities in Metro Manila namely, Manila,
Makati, Taguig, Parañaque and Muntinlupa, as well as cities in Laguna which are, San Pedro,
Biñan, Sta. Rosa, Calamba and Cabuyao. The locations were confirmed using KML files
prepared by the JICA Design Team (JDT). Identification of affected areas was made using
available software such as Google Earth, Maps.ME, and Open Street Maps (OSM). Potential
impact on people, land, and structures were identified with the help of the respective Local
Government Units (LGUs).

Main Purpose of the Socio-Economic Survey

92. The main purpose for conducting the tagging and socio-economic survey are:

a. To determine the number of persons and households (including landowners,


tenants, business owners, employees and informal settlers) and those more
vulnerable among them that will be affected by the project;
b. To determine the profile of the APs including their socio-demographic profile,
livelihood sources, economic status and/or living standards, and their access to
basic services and facilities which are essential to meeting compensation and
resettlement assistance requirements.
c. To gauge APs’ perceptions about the project, anticipated project benefits,
concerns, issues, recommendations for addressing these issues, and suggested
livelihood rehabilitation measures;
d. To quantify all affected assets (land, structures, improvements, crops, etc.) within
the project area as input to establishing full and fair compensation; and
e. To provide a baseline for measuring the impact and social performance of the
project.

Survey Methodology

93. The survey draws upon the tagged structures located within the project area. Tagging
of affected structures was essential to ensure that only those that occupy, utilize and own the
affected structures including the lands where they stand within the project area were included
in the survey. A list and photo of affected structures were prepared (see Appendices 1 and 2)
including structure maps (see Appendix 3) showing the indicative location of the affected
structures relative to project right-of-way.

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94. Three types of survey forms were used covering all the three components mentioned
above. The different forms respond to three main categories of respondents namely
households with affected housing, business owners and landowner/claimants. The
landowner/claimant form intends to capture relevant information from land owner/claimants
who do not reside nor engaged in any business on any tagged structure on site. In short, these
are landowner/claimants whose only asset that will potentially be affected by the project is
land. Using these forms, interviews and inventories were administered on APs and their assets
(land, structures, improvements, crops, and trees) respectively. (Refer to Appendix 4-6 for a
copy of the survey questionnaires).

95. The Household Survey form intends to capture household level data of all affected
families with dwelling units living within the 30m ROW (15m to the left and 15m to the right of
the assumed centerline as instructed by DOTr) of the main line, as well as those within the
60m ROW at station locations. This form captures data on household members, tenurial status
of the family, monthly income and expenditure, educational level, health condition,
vulnerabilities, decision making patterns, living condition and project awareness. These data
can be disaggregated by gender, age and tenurial status to some extent. (Refer to Appendix
7 for the master list of surveyed households).

96. The Business/Institution form intends to capture information on the potentially affected
businesses including, but not limited to type and size of business, gross and net monthly
income, tenure of occupancy, employee information, project awareness and livelihood
rehabilitation measures.

97. Community meetings were conducted prior to the actual census and survey with the
intention to explain the project details and the RAP development activities including the census
and survey process among others. Trained enumerators administered the interviews and
inventories with consent from the owners manifested further through their signatures affixed
in the survey forms.

98. The survey took about five months to complete (January to June 2018). Reasons for
the long time required to complete the survey were the need for survey team members to
await issuance of PNR identification cards, some periods of security concerns, modifications
to the alignment and absence of a number of structure owners.

Cut-off Date

99. The start of the socio-economic survey also signaled the cut-off date for compensation
eligibility. This means that those who move into the project area as well as build structures
after the cut-off date will no longer be eligible for compensation. However, if there are new
project affected persons identified due to modified land take requirements resulting from the
detailed engineering design, they will be automatically included as eligible.

100. The indicative dates for the conduct of the socio-economic survey were announced to
APs through the conduct of the first stakeholder consultation meeting. For each barangay, cut-
off dates were assigned and publicly announced in the project areas to prevent the influx of
non-residents who might take advantage of project entitlements. The dates range from 24
March 2018 to 24 July 2018. (Refer to Appendix 8 for the complete list of cut-off dates).

101. Based on the survey, the project will potentially result in the physical displacement of
an estimated 11,114 households (comprised of 41,146 affected persons) residing within the

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Project ROW, 1,487 businesses, 1,452 employees from affected businesses and 45
potentially affected landowners/claimants who have no affected structure within the SCRP
Right-of-Way. There are 7,207 structures estimated to be affected.

Table 17: Magnitude of Project Impact


Category No.
Affected Households (AHs) – Residential loss 11,114
Affected Persons (APs) – Residential loss 41,146
Project Affected Businesses (stand-alone) 1,487
Project Affected Structure (PAS) 7,207
Of which, Project Affected Non-resident Landowners 45

Profile of Affected Households

102. Households occupying structures categorized as residential or residential/commercial


purposes were surveyed to establish their number, profiles and socio-economic conditions
which are vital inputs to this RAP. Household, for the purpose of this plan is defined as a
“social unit consisting of a person living alone or a group of persons who sleep in the same
housing unit and have a common arrangement in the preparation and consumption of food14.
Affected Households (AH) are those whose housing units, whether these are solely used for
dwelling, or dwelling with business enterprise, will be physically displaced (loss of land, loss
of shelter, loss of income if business is operated within, or contiguous to dwelling unit) by the
Project.. A single dwelling will be considered to contain multiple households if either meals or
living space are not shared”.

103. A total of 11,114 potentially affected households were surveyed of which 3,868 or 35%
are residents of Manila, 2,447 or 22% are from Calamba, 2,081 or 19% are from Biñan, 1,299
or 12% are from Muntinlupa, 435 or 4% are from Sta. Rosa, 378 or 3% are from Taguig, 301
or 3% are from San Pedro, 161 or 1% are from Makati, 106 or 1% are from Cabuyao and 161
or 0.34% are from Parañaque. Refer to Table 18.

104. Out of the 11,114 affected households, 708 or 6% of these are landowner households
while 10,406 or 94% are non-landowner households.

Table 18: Number of Affected Households


Non- Total No of
Landowner
City Landowner Affected %
Households
Households15 Households
Manila 346 3,522 3,868 35
Makati 22 139 161 1
Taguig 17 361 378 3
Parañaque 0 38 38 0.34
Muntinlupa 132 1,167 1,299 12
San Pedro 24 277 301 3
Biñan 37 2,044 2,081 19
Sta. Rosa 11 424 435 4

14 As defined in the Philippine National Statistical Coordination Board (NSCB) Board Resolution No. 11, Series of
2003 entitled, “Approving and Adopting the Official Concepts and Definitions for Statistical Purposes of the
Selected Sectors: Prices, Population and Housing, and Tourism”
15
Note: Includes the renters, sharers, rent-free occupants and structures owners who do not have legally
recognizable right to the land they occupy.

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Cabuyao 5 101 106 1


Calamba 114 2.333 2,447 22
Total 708 10,406 11,114 100

Household Size

105. The average household size for all locations is 3.7. Refer to Table 19.

106. Some 42% or 4,710 households have 3-4 members, about 3,203 or 29% have 1-2
household members, 2,333 or 21% have 5-6 household members, 623 or 6% have 7-8
household members, 180 or 2% have 9-10 household members, and 48 or 0.43% have more
than 10 household members.

107. Notably, most of those who have more than 10 household members are located in
Manila (20) and Calamba (10). There are, however, 17 or 0.15% respondents who did not
indicate household size.

Table 19: Household Size


City 1-2 3-4 5-6 7-8 9-10 10< N/R Total Ave
Manila 954 1,744 879 210 61 20 0 3,868 3.8
Makati 63 54 23 8 7 6 0 161 3.1
Taguig 129 164 69 13 2 1 0 378 3.4
Parañaque 11 12 9 5 1 0 0 38 3.8
Muntinlupa 377 557 277 62 22 2 2 1,299 3.7
San Pedro 82 127 67 18 6 1 0 301 3.8
Biñan 742 830 372 111 19 5 2 2,081 3.7
Sta. Rosa 145 177 71 25 6 3 8 435 3.6
Cabuyao 37 47 13 7 2 0 0 106 2.7
Calamba 663 998 553 164 54 10 5 2,447 3.8
Total 3,203 4,710 2,333 623 180 48 17 11,114 3.7
% 29% 42% 21% 6% 2% 0.43% 0.15% 100%

Educational Attainment of Household Members

108. The survey generated a total of 37,340 household members with formal schooling that
ranges from pre-school to college, vocational/technical courses, and advanced degrees. At
the time of survey, most household members have partly completed, completing or graduates
of high school (16,472 or 44%) Additionally, 9,480 or 25% are completing or have completed
elementary level education. About 4,370 or 12% have a vocational or technical training, 4,126
or 11% are college graduates, 1,358 or 4% reached college level, and 116 or 0.31% have
advanced degrees. At least 1,418 or 4% are in preschool or have completed preschool at the
time of census.

109. In terms of gender, there are 19,648 males and 17,692 females with formal schooling.
Further analysis shows that there are more males (870 or 2%) with college level education
than females (488 or 1%). There are also slightly higher number of males who actually
graduated college (2,177 or 6%) than female (1,949 or 5%).

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110. These data indicate that there is a variety of human resources with different levels and
areas of education that could meet the various manpower requirements during project
construction and operation. These skills can be tapped/harnessed as well to help assist with
the livelihood restoration and improvement program. Refer to Table 20.

Table 20: Educational Achievement of Household Members


Male Female Total
Gender
No. % No. % No. %
Preschool 741 2 677 2 1,418 4
Elementary 5,166 14 4314 12 9,480 25
High School 8,553 23 7,919 21 16,472 44
Vocational 2,083 6 2,287 6 4,370 12
College Level 870 2 488 1 1,358 4
College Graduate 2,177 6 1,949 5 4,126 11
Advance Degree 58 0 58 0 116 0.31
Total 19,648 53 17,692 47 37,340 100

Ethnicity

111. Table 21 presents the ethnic groups of APs which reveals that at least 79% of APs are
Tagalog, 6% are Bicolano, 5% are Cebuano, 3% are Ilocano and 6% are “others” referring to
Waray, Chavacano, Ilonggo, Kapampangan, etc. There are a few APs from a lineage of
indigenous people (0.06%) and Muslims (0.38%) who are now living as urban settlers in NCR
and CALABARZON may also be affected.

Table 21: Ethnolinguistic Group of APs


Ethnolinguistic Male Female Total
Affiliation No. % No. % No. %
Tagalog 16,618 40 15,985 39 32,603 79
Ilocano 582 1 552 1 1,134 3
Bicolano 1,238 3 1,205 3 2,443 6
Cebuano 900 2 1,045 3 1,945 5
Aklanon 33 0.08 35 0.09 68 0.17
Muslim 81 0.20 77 0.19 158 0.38
Indigenous People 10 0.02 16 0.04 26 0.06
Others 1,300 3 1,369 3 2,669 6
NR 58 0.14 42 0.10 100 0.24
Total 20,820 51 20,326 49 41,146 100

Vulnerabilities

112. Vulnerable households, as defined in this RAP, refer to those underprivileged


households whose income fall below the national poverty line, households headed by senior
citizens, solo parent-headed households, and households with members who are persons with
disability (PWD). Vulnerable persons will most likely experience more difficulty when
physically or economically displaced and coping with transition at a relocation site without

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appropriate support and assistance. The census and survey recorded the following
vulnerabilities:

Table 22: Vulnerabilities Among Affected Households


With
member
Headed by who is a
HH below solo parents PWD and
Poverty with Headed by seriously
Municipality Threshold dependents Elderly Ill Total
City of Manila 344 552 635 130 1661
City of Makati 8 16 24 7 55
Taguig 51 40 32 6 129
Parañaque 18 5 0 1 24
Muntinlupa 166 161 136 53 516
San Pedro 64 39 31 14 148
Biñan 304 269 149 45 767
Sta. Rosa 90 51 37 9 187
Cabuyao 22 12 15 8 57
Calamba 282 344 258 145 1029
Total 1349 1489 1317 418 4573

% 29.50 32.56 28.80 9.14 100

113. The survey recorded 4,573 vulnerable households of which 1,489 are headed by solo
parent (i.e. separated, widow/er), 1,349 are below poverty threshold as defined by NEDA,
1,317 are headed by an elderly, and 418 are with PWD and seriously ill.

114. Households that will experience more difficulty during transfer to another location were
also assessed. These include: (i) households with babies/toddlers, (ii) with elderly,
(iii) pregnant women and (iv) household members with physical and mental disabilities and
illnesses. Babies/toddlers who either cannot walk or are still learning to walk require fulltime
care from adult household members, which in most cases are the parents. Relocation can
bring about difficulties that could affect the households’ ability to care for, feed, and keep their
children’s health, particularly babies/toddlers. Programs aimed to address such challenges
such as screening for malnutrition, provision of health supplements, child feeding, etc., will be
important.

115. Single parent household heads, elderly-headed households and households living
below the poverty threshold will require appropriate support during relocation and priority
access to livelihood opportunities to restore and enhance their productive capacities and help
increase their income earning potentials.

116. As shown in Table 23 there are 6,063 individuals falling under these categories. These
consist of 4,057 with babies/toddlers, 1,362 with elderly, 418 with physical and mental
disabilities and illnesses, and 226 pregnant women. These groups need special targeted
assistance through the following means: (i) Priority in physical mobilization and transfer to
relocation site, and (ii) Assisted transit to relocation site.

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Table 23: Forms of Difficulty During Transfer


With
physical
and mental
disabilities
With and
Municipality Baby/toddler Pregnant Elderly illnesses Total
City of Manila 13 20 953 130 1116
City of Makati 18 5 17 7 47
Taguig 106 8 12 6 132
Parañaque 26 2 0 1 29
Muntinlupa 460 28 48 53 589
San Pedro 124 7 17 14 162
Biñan 1028 53 72 45 1198
Sta. Rosa 216 9 14 9 248
Cabuyao 42 4 4 8 58
Calamba 2024 90 225 145 2484
Total 4,057 226 1,362 418 6,063

% 66.91 3.73 22.46 6.9 100.00

Profile of Household Heads

117. Out of the 11,114 households, 53% are male-headed households while 47% are
female-headed households. This trend is consistent in the cities of Makati, Taguig,
Muntinlupa, San Pedro, Binan, Sta. Rosa, Cabuyao, and Calamba while Manila and
Paranaque recorded a higher ratio of female-headed to male-headed households. Refer to
Table 24.

Table 24: Gender Distribution of Household Heads


Male Female Total
City
No. % No. % No. %
Manila 1,253 11 2,615 24 3,868 35
Makati 95 1 66 1 161 1
Taguig 253 2 125 1 378 3
Parañaque 17 0 21 0 38 0
Muntinlupa 844 8 455 4 1,299 12
San Pedro 191 2 110 1 301 3
Biñan 1,357 12 724 7 2,081 19
Sta. Rosa 307 3 128 1 435 4
Cabuyao 77 1 29 0 106 1
Calamba 1,498 13 949 9 2,447 22
Total 5,892 53 5,222 47 11,114 100

118. In terms of age, majority of the household heads when combined are within the ages
of 21-30 (2,858 or 26%) and 31-40 (2,833 or 25%) years old. About 2,206 or 20% belong to
the 41-50 years old age bracket and 1,648 15% belong to the 51-60-year-old bracket. A few
household heads are 20 years old and below (287 or 3%) while 1,256 or 11% are already
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above 60 years old. These households [headed by the elderly] are among those likely to fall
under the category of “Vulnerable Household” because current housing policy disqualifies the
elderly in availing housing loan due to non-insurability. Additionally, maximum loan term
cannot go beyond 70 years old. Refer to Table 25.

Table 25: Age Distribution of Household Heads


Above
20 years 21-30 31-40 41-50 51-60
60
City old and years years years years NR Total
years
below old old old old
old
Manila 42 882 932 771 664 574 3 3,868
Makati 0 33 44 32 28 24 0 161
Taguig 13 101 104 84 44 32 0 378
Parañaque 1 11 13 10 3 0 0 38
Muntinlupa 36 319 318 265 222 136 3 1,299
San Pedro 6 70 88 66 39 31 1 301
Biñan 94 685 515 385 247 149 6 2,081
Sta. Rosa 29 135 98 75 56 37 5 435
Cabuyao 1 31 23 20 16 15 0 106
Calamba 65 591 698 498 329 258 8 2,447
Total 287 2,858 2,833 2,206 1,648 1,256 26 11,114
% 3 26 25 20 15 11 0.23 100

119. Assets can be classified as either fixed or movable. Fixed assets refer to structures
and perennial crops which are attached to the ground while movable assets are those that
APs can easily move to bring with them when relocated. The asset survey focused on fixed
structures and crops on the basis that the project will cause permanent displacement impacts
on these assets. Type of use, size, and ownership status were among the key information
sought. Structure materials were also determined while crop type, age and count were also
recorded.

Affected Structures

(1) Number of Affected Structures

120. The table below presents the total number of potentially affected residential,
commercial, mixed used and industrial structures that were surveyed (8,046) and the total
number of survey respondents from both formal and informal settler families/households
(11,114). The total number of households is more than the total number of structures as there
are structures with multiple households.

121. As shown, most of the affected structures are located in Calamba (3,388), followed by
Biñan (1,584), Manila (1,580), Muntinlupa (665), Sta. Rosa (314), San Pedro (192), Taguig
(157), Cabuyao (88), Makati (48) and Parañaque (30). In the case of ISFs, there are a total
of 10,406 households mostly in Manila (3,522) followed by Calamba (2,333), Biñan (2,044),
Muntinlupa (1,167), Sta. Rosa (424), Taguig (361), San Pedro (277), Makati (139), Cabuyao
(101) and Parañaque (38). These ISFs are characterized by their landlessness. As shown in
Table 26 below, there are more families than affected structures which suggests that there
are at least two or more families sharing in one structure.
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Table 26: Number of Affected Occupied Structures and Surveyed Respondents


Affected Occupied
No. of Surveyed Persons
Structures
City Informal Settler
Formal Settler
No. % Families/ Total
Families/ Households
Households
Manila 1,580 20 346 3522 3,868
Makati 48 1 22 139 161
Taguig 157 2 17 361 378
Parañaque 30 0.37 0 38 38
Muntinlupa 665 8 132 1167 1,299
San Pedro 192 2 24 277 301
Biñan 1,584 20 37 2044 2,081
Sta. Rosa 314 4 11 424 435
Cabuyao 88 1 5 101 106
Calamba 3,388 42 114 2333 2,447
Total 8,046 100 708 10,406 11,114

(2) Structures Use

122. During the survey, it was found out that some structures have multiple owners with
multiple uses such as commercial-residential; industrial-residential, commercial-institutional,
residential-institutional, institutional-commercial as shown in Table 27.

Table 27: Number of Structures, by Type of Use


Total No.
of Structure Usage
Structures
Institutiona

Institutiona
Residential

Residential

Residential

Residential

City
Commerci

Commerci

Industrial-
Industrial

No. % Others
al-
al

Manila 1,58 1,34


20 14 203 0 2 11 4 3
0 3
Makati 48 1 30 14 3 0 0 1 0 0
Taguig 157 2 141 7 9 0 0 0 0 0
Parañaque 0.3
30 24 3 2 0 0 1 0 0
7
Muntinlupa 665 8 584 32 47 0 0 1 0 1
San Pedro 192 2 168 10 14 0 0 0 0 0
Biñan 1,58 1,41
20 58 102 1 0 1 0 9
4 3
Sta. Rosa 314 4 290 12 8 0 0 0 0 4
Cabuyao 88 1 76 5 5 0 0 1 1 0
Calamba 3,38 2,93
42 176 241 1 2 6 2 21
8 9
Total 8,04 7,00
100 331 634 2 4 22 7 38
6 8
% 87 4 8 0.02 0.05 0.27 0.09 0.47

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123. Based on the above data, there are 8,046 potentially affected structures surveyed of
which majority are located in Calamba (3,388 or 42%), 1,584 or 20% are located in Binan,
1,580 or 20% are in Manila, 665 or 8% are in Muntinlupa, 314 or 4% are in Sta. Rosa, 192 or
2% are in San Pedro, 157 or 2% are in Taguig, 88 or 1% are in Cabuyao, 48 or 1% are in
Makati and 30 or 0.37% are in Parañaque.

124. In terms of use, majority of the affected structures are residential with a total of 7,008
or 87%, 634 or 8% are a combination of commercial-residential structures, 331 or 4% are
commercial structures, 22 or 0.27% are institutional, 7 or 0.09% are a combination of
residential-institutional, and 7 or 0.09% are a combination of industrial and residential
structures. There are two industrial structures while 38 or 0.47% fall under “others” such as
garages, fences, toilets, dirty kitchen, etc.

(3) Structure Ownership

125. Survey responses on structure ownership as presented in Table 28 below reveal that
out of 11,114 household respondents, majority or 6,033 claimed ownership while 5,063 are
non-owners. Majority of the structure owners are in Calamba (1,586), Manila (1,523), and
Biñan (1,331). Similarly, majority of the non-structure owners are in Manila (2,343), Calamba
(860) and Biñan (741). There are 18 respondents who did not provide any response.

Table 28: Ownership of Structures


Non-
City Owners N/R Total
Owners
Manila 1,523 2,343 2 3,868
Makati 31 130 0 161
Taguig 190 188 0 378
Parañaque 33 5 0 38
Muntinlupa 711 585 3 1,299
San Pedro 203 98 0 301
Biñan 1,331 741 9 2,081
Sta. Rosa 337 95 3 435
Cabuyao 88 18 0 106
Calamba 1,586 860 1 2,447
TOTAL 6,033 5,063 18 11,114

(4) Occupancy Arrangement

126. Occupancy arrangements of the 5,063 respondents who do not own the structure they
occupy are shown in Table 29 below.

Table 29: Occupancy Arrangements among Non-structure Owners


Tenant/ Occupied
Rent Free
City Renter/ Caretaker Sharer Without N/R Total
Occupant
Lessees Permission
Manila 1,282 929 30 59 20 23 2,343
Makati 111 18 0 0 0 1 130
Taguig 101 80 0 3 0 4 188
Parañaque 3 1 0 0 0 1 5
Muntinlupa 329 234 2 10 0 10 585

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Tenant/ Occupied
Rent Free
City Renter/ Caretaker Sharer Without N/R Total
Occupant
Lessees Permission
San Pedro 48 43 2 3 1 1 98
Biñan 337 359 1 16 3 25 741
Sta. Rosa 16 63 1 7 1 7 95
Cabuyao 5 10 0 2 0 1 18
Calamba 491 325 12 17 0 15 860
Total 2,723 2,062 48 117 25 88 5,063
% 54 41 1 2 0.49 2 100

127. Majority of the non-structure owners (2,723 or 54%) are tenants/renters/lessees while
2,062 (41%) are rent-free occupants. Others are sharers (117 or 2%), caretakers (48 or 1%)
and 25 are occupants without permission from the owner. There are 88 (2%) respondents who
did not indicate any type of arrangement with the structure owner. 16

(5) Monthly Rent

128. Survey records show that average monthly rental fees as indicated by
tenant/renter/lessee respondents for residential structures range from PhP1,128 to PhP5,155
while the average rental rate for business respondents range from PhP2,250 to PhP90,593.
Notably, the City of Makati registered the highest monthly average rental rates for both
residential and business structures.

Table 30: Average Monthly Rental Rates


City Monthly Rate (PhP)
Residential Business
Manila 3,899 10,755
Makati 5,155 90,593
Taguig 2,007 2,375
Parañaque 2,433 12,000
Muntinlupa 2,680 30,465
San Pedro 3,236 2,950
Biñan 1,145 3,620
Sta. Rosa 1,128 2,250
Cabuyao 1,317 3,583
Calamba 1,574 6,086
Total Average (PhP) 2,457 9,702

Affected Land

(1) Land Ownership

16
Rent free occupants, caretakers, sharers, occupants without permission are treated as renters for Entitlement
Matrix eligibility requirements as long as they were resident in the project area prior to the project cut-off date and
covered in the project census as such.

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129. Table 31 shows that majority or 10,324 do not own the land and only 708 claim to own
the land they occupy. Notably, majority of non-landowners can be found in Manila (3,504)
while majority of those claiming land ownership are also in Manila (346).

Table 31: Ownership of Lands among Households


Non-
City Landowners/Claimants NR TOTAL
Landowners
Manila 346 3,504 18 3,868
Makati 22 139 0 161
Taguig 17 360 1 378
Parañaque 0 38 0 38
Muntinlupa 132 1,155 12 1,299
San Pedro 24 272 5 301
Biñan 37 2,011 33 2,081
Sta. Rosa 11 420 4 435
Cabuyao 5 101 0 106
Calamba 114 2,324 9 2,447
TOTAL 708 10,324 82 11,114
% 6 93 1 100

(2) Proof of Land Ownership

130. Table 32 below shows the list of legal documents that landowners/claimants have to
establish ownership or support their claim. Majority or 402 (48%) have Original Certificate of
Title or Transfer Certificate of Title, 174 (21%) have Deed of Donation, 113 (13%) have Real
Estate Tax documents, 92 (11%) have Deed of Sale, and 48 (6%) have Deed/Mortgage
documents. Some respondents provided multiple responses hence the increased total of
responses against number of landowner/claimant respondents surveyed.

Table 32: Types of Proof of Ownership


Proof of Ownership No. %
Title 402 48
Real Estate Tax 113 13
Deed/Mortgage 48 6
Contract 12 1
Deed of Donation 174 21
Deed of Sale 92 11
Total 841 100

Impact on Livelihoods

131. The project is expected to affect primary income source of households that will be
displaced due to land acquisition. This includes household members with wage-based
occupation (14,371 persons), land-based income source (87 persons) and enterprise-based
livelihood (4,610 persons). Specifically, the project will affect livelihood that are carried out

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within the project affected area including their own residence or neighborhood. Aside from
affected households losing houses, some 1,487 stand-alone businesses17 will also be affected
by the project. Out of these, 924 are microbusinesses.

Table 33: Summary of Impact to Primary Income of Household and Stand-Alone


Business
City Household Primary Income Source Stand-Alone Total
Wage- Land-Based Enterprise Business
Based Based
Manila 5982 38 1900 142 8,062
Makati 240 0 77 29 346
Taguig 421 2 116 55 594
Paranaque 33 0 21 14 68
Muntinlupa 1529 5 479 188 2,201
San Pedro 340 2 132 38 512
Binan 2314 7 740 412 3,473
Sta. Rosa 467 8 163 46 684
Cabuyao 128 6 44 17 195
Calamba 2917 19 938 546 4,420
Total 14,371 87 4,610 1,487 20,555

132. Employees in affected businesses and institution will also be displaced as a result of
minimized operation or transfer of operation in an area no longer accessible to its current
employees. Table below shows the number of employees in affected businesses.

Table 34: Employees in Affected Business and Institution


Declared Number
City
of Employees

Manila 502
Makati 237
Taguig 11
Parañaque 21
Muntinlupa 189
San Pedro 19
Biñan 150
Sta. Rosa 33
Cabuyao 115
Calamba 175
Total 1,452

133. The section below provides details on the affected households’ livelihoods and living
standards as well as access to financial institutions.

17 Operates business within the PROW but resides outside the PROW hence household will not be physically
displaced.

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Household Income

(1) Primary Source of Income

134. The survey sought information on the households’ primary sources of income
categorized either as land-based, wage-based, enterprise-based and remittance based. Land-
based sources are those income generating activities largely dependent on the productive
potential of land such as crop production, fish or aquaculture, livestock raising/production etc.
Wage-based incomes are cash payments paid to individuals in return for services rendered
while enterprise-based sources are those income earning activities that the household or
household members engage that is not land-based nor wage-based. Remittance based
sources are those incomes sent to the household or household member/s from another
location as a means to support household needs or expenses.

135. Out of the 41,146 household members of households being physically displaced
covered in the survey, 20,303 APs are contributing to the household income. Primary sources
of income are predominantly wage-based with 14,371 of household members employed in
various occupations such as office staff, public official, driver, house helper, construction or
industry worker, sales worker etc. Some 4,610 household members are engaged in enterprise-
based livelihoods such as sari-sari stores, vending, food/catering, hair/nail/beauty salons,
tailoring/dressmaking, construction, equipment or house rentals, trading goods, transportation
(i.e. tricycle, jeepney, and trolley), appliance repair shop and others. About 468 of household
members contribute through remittances, while 87 of household members have land-based
income sources particularly crops and livestock production. There are 767 who specified
“other” sources of income such as those relying on pensions (i.e. Government Service
Insurance System (GSIS), Social Security System (SSS), Senior Citizen) and government
support through the conditional cash transfer more commonly known as Pantawid Pamilyang
Pilipino Program (4Ps).

136. Households engaged in home-based enterprises, or those carried out within their own
residences and neighborhood will likely lose income upon relocation and would need
assistance in reestablishing their livelihood. Those whose enterprises are located outside the
PROW, near the barangay, or in another city/municipality may not be similarly affected.

137. Household members who are engaged in wage-based occupation will most likely
experience longer travel time to their workplaces or lose employment if it is inaccessible upon
relocation. These group would also need assistance in finding alternate employment or
compensation for income losses incurred while looking for an alternate job.

Table 35: Primary Source of Household Income


Land- Wage- Enterprise- Remittanc
City Others Total
based Based Based e-Based
Manila 38 5,982 1,900 296 588 8,804
Makati 0 240 77 6 17 340
Taguig 2 421 116 14 8 561
Parañaque 0 33 21 0 0 54
Muntinlupa 5 1,529 479 33 50 2,096
San Pedro 2 340 132 8 13 495
Biñan 7 2,314 740 43 25 3,129
Sta. Rosa 8 467 163 6 8 652
Cabuyao 6 128 44 1 5 184

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Land- Wage- Enterprise- Remittanc


City Others Total
based Based Based e-Based
Calamba 19 2917 938 61 53 3,988
Total 87 14,371 4,610 468 767 20,303
% 0.43 71 23 2 4 100

(2) Enterprise-Based Livelihoods

138. Out of 4,610 respondents who are engaged in enterprise-based livelihood, most are
engaged in “vending” (1,901 or 41%). Some households are engaged in transportation-related
enterprises such as tricycle, jeepney and/or trolley operation 689 (15%), food/catering
businesses (429 or 9%), hairs/nails/beauty salon (112 or 2%), tailoring/dressmaking (91 or
2%), construction-related enterprises (65 or 1%), and vulcanizing shop (15 or 0.33%). About
1,181 or 26% have other enterprises such as data conversion services, entertainment,
computer/internet shops, equipment/unit rental, service contracting etc. Refer to the table
below.

Table 36: Types of Enterprise-Based Livelihoods


Types of Enterprise No. %
Food/Catering 429 9
Hair/Nails/Beauty Salon 112 2
Tailoring/Dressmaking 91 2
Transportation 689 15
Construction 65 1
Vulcanizing Shop 15 0.33
Vending 1,901 41
Others 1,181 26
No Response 127 3
Total 4,610 100

(3) Location of Primary Source of Income

139. Of the 20,303 total number of APs with primary source of income, there are 5,488
(27%) whose primary source of income is located in another municipality/city, 4,839 or 24%
are near the barangay, 4,730 or 23% are within the neighborhood or barangay, and 2,597 or
13% are located within their own residence. There are also 649 or 3% whose primary source
of income is overseas.

Table 37: Location of Primary Source of Income


APs with Primary Income
Location
No. %
Own Residence 2,597 13
Within Neighborhood/Brgy 4,730 23
Near Barangay 4,839 24
Other Cities/Municipality 5,488 27
Overseas 649 3
No Definite Area 1,573 8
Others 82 0.40

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APs with Primary Income


Location
No. %
No Response 3,45 2
Total 20,303 100

(4) Secondary Source of Income

140. Below shows that some households have secondary sources of income. These may
come from either the spouse or another member of the household who earns less than the
primary source of income of the household. The primary source of income provides a
household with a steadier stream of income while a secondary income is intended to augment
the former. For some households, secondary sources of income help in situations when there
is an issue with the primary source of income. The survey data show that more APs are
engaged in enterprise-based activity (910) than wage-based (640) or land-based (45). There
are 202 who indicated “other” secondary sources such as parental and children’s support, 4Ps
financial assistance, other support from Department of Social Welfare Services (DSWD), SSS
pension, etc.

Table 38: Secondary Sources of Household Income


Land- Wage- Enterprise- Remittanc
City Others Total
based Based Based e-Based
Manila 21 297 405 98 124 945
Makati 1 8 16 6 8 39
Taguig 1 17 23 3 4 48
Parañaque 0 0 3 0 0 3
Muntinlupa 2 43 73 9 16 143
San Pedro 0 14 15 6 3 38
Biñan 6 102 141 13 10 272
Sta. Rosa 5 22 37 3 5 72
Cabuyao 2 12 8 1 1 24
Calamba 7 125 189 24 31 376
Total 45 640 910 163 202 1,960
% 2 33 46 8 10 100

141. Most secondary sources of income are carried out within the neighborhood (477 or
24%) and AP’s own residence (307 or 16%), while a few are located near the barangay (158
or 8%), other cities (143 or 7%) and other areas.

Table 39: Location of Secondary Source of Income


APs with Secondary Income
Location
No. %
Own Residence 307 16
Within Neighborhood/Brgy 477 24
Near Barangay 158 8
Other Cities/Municipality 143 7
Overseas 50 3
No Definite Area 223 11
Others 9 0.46

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APs with Secondary Income


Location
No. %
No Response 593 30
Total 1,960 100

(5) Monthly Household Income

142. Survey results show that majority of APs are not below the poverty threshold18. The
data on income is widely dispersed with one or two families having as much as PhP300,000
monthly incomes while a few hundred households earn below PhP 3,999 per month.

143. Table 40 below shows that 26.3% or 2,923 households have monthly incomes that fall
below PhP10,000, 63.8% or 7,100 have monthly incomes between PhP10,000 and
PhP40,000 while only 8.2% or 908 households have monthly incomes above PhP40,000.
There are 90% (10,023 households) with reported incomes below PhP40,000.

Table 40: Monthly Household Income (All Sources)


Income Bracket Total %
PhP 0-999 22 0.2
PhP 999-1,999 67 0.6
PhP 2,000-PhP3,999 312 2.8
PhP4,000- PhP5,999 498 4.5
PhP 6,000-PhP7,999 794 7.1
PhP8,000-PhP 9,999 1230 11.1
PhP 10,000-PhP11,999 954 8.6
PhP12,000-PhP 14,999 1703 15.3
PhP 15,000-PhP 19,999 1863 16.8
PhP 20,000-PhP24,999 1134 10.2
PhP25,000-PhP29,999 640 5.8
PhP30,000 -PhP 39,999 806 7.3
PhP40,000-& Above 908 8.2
No answer 183 1.6
Total 11,114 100

144. Based on the survey results, households with multiple livelihood activities or with more
household members involved in productive endeavors tend to have higher monthly household
incomes compared to those with one livelihood activity or lesser number of household
members contributing.

(6) Monthly Expenditures

145. The average monthly expense among affected households is PhP17,794. Only 4% of
the affected households indicated that they have savings which averaged at PhP2,343 per
month while the 96% refused to disclose this information. However, some of the affected
households may not have enough for emergencies and other unexpected expenses.

18
The average national monthly poverty threshold for a family of five, the minimum income required for a family
to meet the basic food and non-food requirements, is PhP 9,064. (Philippine Statistics Authority, 2015).

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146. As reflected in Table 41, food expense has the highest portion of household expenses
(36%). House/room rental cost is 12%, education-related expenses account for 10% and taxes
is 9%. Recreation constitutes 6% and transportation is 7% of household expenses. Other
household expenses include gas/groceries/medicines etc. accounting for 7%, rental for land
at 4%, light or electricity 5%, communications 2%, and water 2%.

Table 41: Monthly Household Expenditures


No. of
Househol Monthly
Average
ds Average %19
Monthly Expense
Reportin Expense
g
Rent (Land) 79 684 4
Rent (House/Room) 1,365 2,221 12
Tax 132 1,637 9
Food 7,090 6,400 36
Light 6,164 872 5
Water 5,631 383 2
Education 2,749 1,695 10
Communications (Telephone, CP,
5,501 361 2
etc.)
Transportation 4,740 1,259 7
Recreation 1,617 1,031 6
Gas/groceries/medicine, etc. 2,141 1,251 7
Average, Total Expense 17,794 100
Savings 460 2,343
*

(7) Membership in Financial Institution

147. Access to government and private financial institutions provides a lifeline to


households in times of financial needs. Memberships to these institutions will enable
households to avail of social benefits such as sickness, maternity, burial, and pension, as well
as loans for housing and calamities.

148. Table 42 presents household responses concerning membership to various financial


institutions. Multiple responses were generated because some households are members of
more than one financial institution. As can be observed, 5,862 or 53% of the surveyed
households are members of the Social Security System (SSS), 3,319 or 30% of households
are members of the Home Development Mutual Fund (HDMF) or Pag-IBIG Fund, and 1,440
or 13% of households are members of Philhealth. A few are members of Government Service
Insurance System (GSIS) (232 or 2%) and 17 or 0.15% are members of Cooperatives. There
are also 4,313 or 39% who are members of other financial institutions.

Table 42: Membership in Financial Institutions


No. of % of
Financial Institutions
Households Surveyed

19
Percent against average monthly household income of P17,7947 (Detailed Census and Survey 2018).

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Households
Home Development Mutual Fund/Pag-
3,319 30
IBIG
Government Service Insurance System 232 2
Social Security System 5,862 53
Philhealth 1,440 13
Cooperative 17 0.15
Others 4,313 39
Total 15,183

Basic Household Amenities

149. Some basic social amenities contribute to the health and well-being of residents and
communities, in general. Access to safe drinking water and sanitation including electricity is
essential for human health, quality of life and dignity. It has multiplier effects on socio-
economic indicators such as poverty, health, and productivity.

(1) Access to Water

150. The survey revealed that there are multiple sources of water available to each affected
household resulting to multiple responses in the survey. More than a quarter (3,298 or 26%)
are connected to a piped system provided by water concessionaires in the cities/municipalities
(mostly in Manila). Others have deep wells (3,428 or 27%) and shallow wells (167 or 1%)
mostly in Binan City. There are households who share their water source with their neighbor
or use a community faucet (2,003 or 16%) while some buy from water vendors (2,241 or 17%).
There are 1,618 or 13% with “other” sources of water (ex. shared with relatives, public
outlets/faucet) while 62 or 0.48% did not provide any response. Refer to the table below.

Table 43: Access to Water


Shared
Buy
with
Piped Deep Shallow from
City Neighbor Others N/R Total
Connection well Well Water
(Community
Vendors
Faucet)
Manila 2,311 1,162 22 1 180 245 24 3,945
Makati 133 28 0 0 0 0 0 161
Taguig 176 80 26 0 39 66 1 388
Parañaque 9 0 1 0 29 0 0 39
Muntinlupa 439 112 459 3 441 84 5 1,543
San Pedro 74 20 149 2 77 31 1 354
Biñan 45 104 1,581 62 989 179 7 2,967
Sta. Rosa 13 25 238 78 152 82 6 594
Cabuyao 17 10 48 12 37 10 1 135
Calamba 81 462 904 9 297 921 17 2,691
Total 3,298 2,003 3,428 167 2,241 1,618 62 12,817
% 26 16 27 1 17 13 0.48 100
Multiple Response

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(2) Access to Sanitation

151. Majority of the affected households (7,765 or 70%) reported having or using own water-
sealed toilets inside their houses, 1,165 or 10% use a communal/barangay toilet, and 63 or
1% have open pit toilets. There are 1,775 or 16% who indicated having access to “other”
sanitation facilities (ex. toilet outside of house, shared with other tenants, parents’ or
neighbors’ toilets) and 303 or 3% said they do not have access to any toilet. Sixty-seven (67)
or 1% of the households did not specify their access to sanitary facility. Refer to Table 44
below.

Table 44: Access to Sanitation Facilities*


Own
Communal/
Water No
City Open Pit Barangay Others N/R Total
Sealed Toilet
Toilet
Toilets
Manila 31,16 17 576 68 76 11 3,864
Makati 125 0 36 0 0 0 161
Taguig 216 2 32 25 102 1 378
Parañaque 4 0 16 6 12 0 38
Muntinlupa 945 7 68 54 214 11 1,299
San Pedro 171 2 35 13 80 0 301
Biñan 1,162 3 191 26 684 19 2,085
Sta. Rosa 167 10 35 52 164 8 436
Cabuyao 45 12 26 8 15 0 106
Calamba 1,814 10 150 51 408 17 2,450
Total 7,765 63 1,165 303 1,755 67 11,118
% 70 1 10 3 16 1 100
*Multiple Response

(3) Access to Electricity

152. There are 5,042 or 45% potentially affected households who have electricity with their
own electric meter and 5,121 or 46% share a connection with their neighbor. One hundred
thirty-six (136) or 1% indicated “other” electric sources, such as solar power and 760 or 7%
have no access to electricity at all and instead use gas/kerosene, rechargeable battery, etc.
for their lighting needs. No responses were generated from 57 or 1% of households. Refer to
Table 45.

Table 45: Access to Electricity*


Own Electric
Meter for Shared No
City Others NR Total
Power Connection Connection
Connection
Manila 2455 1280 39 78 18 3,870
Makati 119 40 0 2 0 161
Taguig 121 227 25 3 2 378
Parañaque 4 30 2 2 0 38
Muntinlupa 690 443 150 15 1 1,299
San Pedro 127 92 79 2 1 301
Biñan 540 1333 188 10 10 2,081
Sta. Rosa 76 257 88 8 6 435

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Own Electric
Meter for Shared No
City Others NR Total
Power Connection Connection
Connection
Cabuyao 22 41 41 0 2 106
Calamba 888 1378 148 16 17 2,447
Total 5,042 5,121 760 136 57 11,116
% 45 46 7 1 1 100
*Multiple Response

(4) Cooking Facilities

153. Majority of households surveyed (7,855 or 66%) use gas for cooking. Others use
charcoal (1,434 or 12%), wood (1,281 or 11%), and electricity (519 or 4%). Only 264 or 2%
use kerosene. There are 330 or 3% households who indicated “others” specifying that they
just buy cooked food, while 157 or 1% did not specify any. Refer to Table 46.

Table 46: Cooking Facilities among AHs


City Gas Kerosene Charcoal Wood Electricity Others NR Total
Manila 3,199 174 212 40 240 122 63 4,050
Makati 127 9 1 2 15 9 5 168
Taguig 277 0 17 72 16 8 7 397
Parañaque 8 1 2 24 2 2 0 39
Muntinlupa 958 10 97 218 53 34 7 1,377
San Pedro 163 4 38 110 8 4 1 328
Biñan 1,104 34 559 399 91 70 22 2,279
Sta. Rosa 170 4 89 184 8 12 14 481
Cabuyao 53 1 17 38 0 4 0 113
Calamba 1,796 27 402 194 86 65 38 2,608
Total 7,855 264 1,434 1,281 519 330 157 11,840
% 66 2 12 11 4 3 1 100
Multiple Response

Residency in the Area

(1) Years Resident in the area

154. Respondents were also asked how long they have been residing in their current
location and the survey results indicate that 3,299 or 30% have been there for more than 20
years. In contrast, 1,688 or 15% have been living in their current location for less than a year
while 2,2444 or 22% have moved to the place in the past 1-5 years, and 1,809 or 16%have
been residing in their current location for 6-10 years. Others indicated being residents in their
current location for 11-15 years (847 or 8%), or 16-20 years (968 or 9%) while 59 or 1%
respondents refused to answer. Refer to Table 47.

Table 47: Number of Years in Current Location


11 - 16 -
City < 1 yr. 1 - 5 yr. 6 - 10 yr. 20 + yr. NR Total
15 yr. 20 yr.
Manila 87 720 543 326 484 1705 3 3,868
Makati 6 57 23 12 9 54 0 161

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11 - 16 -
City < 1 yr. 1 - 5 yr. 6 - 10 yr. 20 + yr. NR Total
15 yr. 20 yr.
Taguig 50 106 72 23 34 92 1 378
Parañaque 2 14 16 5 0 1 0 38
Muntinlupa 263 277 205 80 84 382 8 1,299
San Pedro 20 90 59 27 19 85 1 301
Biñan 427 552 439 148 123 377 15 2,081
Sta. Rosa 114 132 102 19 14 41 13 435
Cabuyao 53 20 12 9 2 10 0 106
Calamba 666 476 338 198 199 552 18 2,447
Total 1,688 2,444 1,809 847 968 3,299 59 11,114
% 15 22 16 8 9 30 1 100

(2) Type of Residence

155. Residential structures are considered primary residences if the occupant households
consider it as their permanent living accommodation while some residential structures are
considered secondary residences if the household occupants have a primary residence
elsewhere. In most cases, secondary residences serve as temporary accommodations for
individuals or households who want to be near schools or workplace during weekdays or for
an extended period with the intention of returning to their primary residence during weekends,
school/work holidays/vacations and or during school breaks. The table below shows that at
least 97% of both landowners and non-landowners responded that their affected dwelling is
their primary residence.

Table 48: Type of Residence


No Response in
Landowners Non-Landowners
Land Ownership
City Pri Total
Seconda Secondar Primar Secondar
mar N/R Primary N/R N/R
ry y y y
y
Manila 582 14 1 3144 95 14 18 0 0 3,868
Makati 22 0 0 120 19 0 0 0 0 161
Taguig 16 1 0 350 9 1 1 0 0 378
Parañaque 0 0 0 38 0 0 0 0 0 38
Muntinlupa 126 5 1 1133 17 5 11 0 1 1,299
San Pedro 23 1 0 270 2 0 5 0 0 301
Biñan 37 0 0 1963 38 10 33 0 0 2,081
Sta. Rosa 11 0 0 402 8 10 3 1 0 435
Cabuyao 5 0 0 90 8 3 0 0 0 106
Calamba 113 0 1 2258 54 12 6 2 1 2,447
Total 935 21 3 9,768 250 55 77 3 2 11,114
97.5 100.0
% 2.2% 0.3% 97.0% 2.5% 0.5% 93.9% 3.7% 2.4%
% %
N Case 959 10,073 82 11,114

156. As shown above, majority (10,780 or 97%) claimed that the structure they occupy is
their primary residence and only 274 (2%) claimed it as their secondary residence. On the
other hand, 48 or 0.43% of the household respondents did not specify either primary or

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secondary. This is a consistent trend in the nine locations where an overwhelming majority of
the households claimed the structures to be their primary residence. This information
indicates that majority will require support in terms of finding alternative primary
accommodation once land acquisition commences. Those with primary residence elsewhere
may not have similar need but will require support to address the social and economic impact
resulting from having to move away from their livelihoods and/or schools thus, adding pressure
on their household income.

(3) Place of Previous Residence

157. Prior to residing in their current locations, most of the household respondents (4,388
or 39%) lived within the same barangay, 2,237 or 20% lived in another barangay within the
same city, 1,922 or 17% lived outside of Metro Manila, and 719 (6%) lived outside their current
city but within Metro Manila. Meanwhile, 787 (7%) indicated that the question did not apply to
them because they have not lived anywhere other than their current address while others did
not provide any answer. Refer to Table 49.

Table 49: Place of Previous Residence


Outside No
Same Metro
City In City Metro Respons NA Total
Barangay Manila
Manila e
Manila 1,271 805 343 454 650 345 3,868
Makati 52 27 20 43 2 17 161
Taguig 177 51 40 63 32 15 378
Parañaque 20 4 3 9 1 1 38
Muntinlupa 651 177 70 207 111 83 1,299
San Pedro 138 75 20 41 12 15 301
Biñan 793 435 105 503 113 132 2,081
Sta. Rosa 208 88 18 87 19 15 435
Cabuyao 53 28 1 12 10 2 106
Calamba 1,025 547 99 503 111 162 2,447
Total 4,388 2,237 719 1,922 1,061 787 11,114
% 39 20 6 17 10 7 100

(4) Reason for Establishing Residence in Present Location

158. Multiple responses were generated from respondents when asked about the reasons
for choosing to reside in their present location. The leading reason was being near family with
5,865 or 35% responses. Closely following behind is proximity to livelihood with 5,501 or 33%.
About 2,074 or 13% of the respondents considered rent free/affordable rental rates as their
reason for choosing the site while 1,173 or 7% said they got married there. Meanwhile, 678 or
4% reasoned being near schools while 775 or 5% and 468 or 3% indicated other economic
and social reasons, respectively. The social and economic reasons include proximity to market
and commercial establishment, near co-workers/friends, childhood ties, etc. Refer to Table
50.

Table 50: Reasons for Establishing Residence in the Current Location


City A B C D E F G Total
Manila 2,255 502 200 2,454 255 360 112 6,138
Makati 110 32 2 76 25 12 5 262
Taguig 216 65 26 221 8 35 12 583

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City A B C D E F G Total
Parañaque 16 15 6 19 7 8 1 72
Muntinlupa 603 234 106 629 76 116 38 1,802
San Pedro 140 68 30 156 18 24 21 457
Biñan 880 486 143 935 96 232 132 2,904
Sta. Rosa 148 127 49 171 37 40 21 593
Cabuyao 46 34 6 53 12 9 11 171
Calamba 1,087 511 207 1,151 144 337 115 3,552
Total 5,501 2,074 775 5,865 678 1,173 468 16,534
% 33 13 5 35 4 7 3 100
Note: A - Proximity to livelihood, B – Rent Free/Affordable Rental Rate, C – Other economic reasons,
D – Near family ties, E – Near school, F – Got married, G – other social reasons

(5) Previous Relocations

159. In the past, the government has carried out relocation of communities living in the PNR
Right-of-Way due to safety reasons among others. However, reports of the previous
relocatees coming back to the site were received and as such, the survey included questions
to verify these reports. Indeed, as confirmed in Table 51, there are households who admitted
to having returned to the site after being relocated (559 or 5%) while the other 10,520 or 95%
said they were not previously relocated. The other 35 or 0.31% households did not provide
any response.

Table 51: Number of Previously Relocated Households


City Yes No No Response Total
No. % No. % No. % No. %
Manila 213 2 3.646 33 9 0.08 3,868 35
Makati 8 0.07 153 1 0 0 161 1
Taguig 17 0.15 361 3 0 0 378 3
Parañaque 0 0 38 0.34 0 0 38 0.34
Muntinlupa 26 0.23 1,267 11 6 0.05 1,299 12
San Pedro 7 0.06 294 3 0 0 301 3
Biñan 111 1 1.961 18 9 0.08 2,081 19
Sta. Rosa 49 0.44 385 3 1 0.01 435 4
Cabuyao 14 0.13 92 1 0 0 106 1
Calamba 114 1 2,323 21 10 0.09 2,447 22
Total 559 5 10,520 95 35 0.31 11,114 100

(6) Reasons for Returning to Current Location

160. The main reason identified by roughly a third of these returning households (224 or
37%) is that there was no work or livelihood opportunities available at the relocation site. Other
reasons stated were no access to public transportation (79 or 13%), no available healthcare
facilities (57 or 9%), no access to/provision of utilities (41 or 7%) such as water and electricity,
and no near educational facilities (43 or 7%). There are 169 or 28% who aired out “other”
reasons such as the relocation site being unsafe, not secured, disorganized, far -flung (from
work, population center, school, market and basic services), travel to and from the site was
very costly, etc. Others disclosed that they had sold the house or used it as collateral to avail
of a financial loan. Refer to Table 52.

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Table 52: Reasons for Returning to Current Location


No
No work/ No
access No access
livelihoo available No near
to to/ Other
City d healthcar education Total
Public provision s
opportun e al facilities
Transpo of utilities
ities facilities
rtation
Manila 54 6 2 6 11 28 107
Makati 5 0 1 0 0 2 8
Taguig 11 1 1 3 0 6 22
Parañaque 0 0 0 0 0 0 0
Muntinlupa 10 7 2 3 1 6 29
San Pedro 3 0 0 0 0 3 6
Biñan 60 21 10 15 11 45 162
Sta. Rosa 8 5 5 6 4 25 53
Cabuyao 5 1 0 0 0 10 16
Calamba 68 38 20 24 16 44 210
Total 224 79 41 57 43 169 613
% 37 13 7 9 7 28 100

(7) APs who Previously Availed of Government Housing Programs

161. Returning relocated households were asked further if they had availed of the
government housing programs of which majority (472 or 84%) said “yes” making reference to
NHA, city housing, Pabahay ni Ramos, Pabahay ni Noli de Castro, PNR Housing Program,
and others. The other 32 or 6% said “no” specifying reasons such as housing being not part
of the program only lots, did not avail due to location being too far (from livelihood/work, school,
hospital, market etc.), not eligible, no housing just financial compensation, etc.

Table 53: Number of Households Who Have Availed of Government Housing Programs
Yes No No Response Total
City
No. % No. % No. % No. %
Manila 196 35 1 0.18 16 3 213 38
Makati 8 1 0 0 0 0 8 1
Taguig 16 3 1 0.18 0 0 17 3
Parañaque 0 0 0 0 0 0 0 0
Muntinlupa 15 3 6 1 5 1 26 5
San Pedro 7 1 0 0 0 0 7 1
Biñan 92 16 6 1 13 2 111 20
Sta. Rosa 38 7 1 0.18 10 2 49 9
Cabuyao 11 2 2 0.36 1 0.18 14 3
Calamba 89 16 15 3 10 2 114 20
Total 472 84 32 6 55 10 559 100

(8) Relocation Preferences

162. To aid in the resettlement planning, the survey also gathered the households’ preferred
relocation sites (multiple answers allowed). Almost half of the respondents (5,406 or 48%)
expressed their desire to be relocated within the same city 4,045 or 36% expressed desire to
be relocated within the same barangay, 626 or 6 want to be relocated within Metro Manila,

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and 1,288 or 11% want to be relocated outside of Metro Manila. Among the key considerations
for these preferences are to be near work//livelihood opportunities (11,179 or 24%), near
market/malls (7,198 or 15%), near schools (6,886 or 15%), have access to public
transportation (5,405 or 11%), be near hospitals or health facilities (4,881 or 10%), have
access to basic utilities such as electricity and water (4,777 or 10%), near church (3,440 or
7%), and near recreational activities (2,293 or 5%). There are 1,096 or 2% who indicated
other considerations such as to be able to go back to their home province, a peaceful site, to
be near family/relatives, to be able to continue planting, near government offices/facilities, etc.
Refer to Table 54 and Table 55.

Table 54: Household Relocation Preferences*


Outside of
Same Metro
City In City Metro Total
Barangay Manila
Manila
Manila 730 1445 543 1094 3,812
Makati 16 97 16 33 162
Taguig 130 207 13 36 386
Parañaque 15 20 0 3 38
Muntinlupa 590 729 12 48 1,379
San Pedro 142 157 1 4 304
Biñan 890 1211 24 47 2,172
Sta. Rosa 181 253 3 6 443
Cabuyao 65 40 0 3 108
Calamba 1286 1247 14 14 2,561
Total 4,045 5,406 626 1,288 11,365
% 36 48 6 11 100
*Multiple responses

Table 55: Considerations for Relocation Preference among Households*


Considerations for Relocation
No. %
Site
Near work/livelihood opportunities 11,179 24
Near Schools 6,886 15
Near market/malls 7,198 15
Near Church 3,440 7
Near recreational facilities 2,293 5
Near hospitals/health facilities 4,881 10
Access to basic utilities 4,777 10
Access to transportation 5,405 11
Others 1,096 2
Total 47,155 100
*Multiple responses

Profile of Affected Businesses within the ROW

163. This section describes the profile of the various businesses that will be potentially
affected by the project. A total of 1,487 affected businesses were tagged and interviewed to

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seek information on business ownership, type of operations, employment, and incomes


among others.

(1) Type of Business and Institution Ownership

164. Majority of potentially affected businesses are owned under single proprietorship
(1,404). Partnerships are very few with only 17 businesses, 24 are under corporate ownership
and nine government agencies. Additionally, there are eight business which were classified
under others while the remaining 25 did not specify ownership type. Refer to Table 56.

Table 56: Type of Business and Institution Ownership


Sole
Partnershi Corporatio Governmen Others N
City Proprietorshi Total
p n t * R
p
Manila 122 4 2 5 3 6 142
Makati 15 0 14 0 0 0 29
Taguig 54 1 0 0 0 0 55
Parañaqu
11 0 3 0 0 0 14
e
Muntinlup
181 3 2 0 1 1 188
a
San Pedro 38 0 0 0 0 0 38
Biñan 403 2 1 2 1 3 412
Sta. Rosa 44 0 0 1 0 1 46
Cabuyao 14 0 1 1 1 0 17
Calamba 522 7 1 0 2 14 546
1,48
Total 1,404 17 24 9 8 25
7
% 94 1 2 1 1 2 100
* Others include Church, Civilian Volunteer Officer, Association, Worship Service

(2) Type of Business and Institution Operation

165. The table below provides information on the type of business operation among
potentially affected businesses which commonly includes trading/retailing, home-based or
small-scale industry, restaurants/eateries, personal services, manufacturing, transport, and
service contracting. Most APs are engaged in residential/commercial space rental (828 or
56%), trading/retailing (392 or 26%). APs who are engaged in home/small scale industry
account for 68 or 5%. Nine (9) or 1% of business owners refused to provide information on
the type or nature of their business.

Table 57: Type of Business and Institution Operation


Type of Business Operation No. %
Trading/Retail 392 26
Manufacturing 10 1
Food Service 53 4
Personal Services 37 2
Transport 3 0.20
Home/Small-Scale Industry 68 5

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Service Contracting 5 0.34


Residential/Commercial Space Rental 828 56
Others 82 6
NR 9 1
Total 1,487 100

(3) Length of business and institution operation

166. In terms of length of business operation, most of the surveyed businesses (507 or
34%) have been in operation for 1-5 years while 391 (26%) are less than a year in business.
Others indicated 6-10 years (259 or 17%), 11-15 years (113 or 8%), 16-20 years (78 or 5%).
Notably, there are 107 or 7% who indicated that they have been in operation for more than 20
years while 32 business establishments did not respond to this question. Refer to Table 58.

Table 58: Number of Years of Business and Institution Operation


<1 11-15 16-20
City 1-5 yr. 6-10 yr. 20+ yr. NR Total
year yr. yr.
Manila 10 45 30 14 13 25 5 142
Makati 4 2 6 2 4 7 4 29
Taguig 13 26 8 0 3 5 0 55
Parañaque 1 7 0 3 1 2 0 14
Muntinlupa 55 62 35 14 5 16 1 188
San Pedro 7 17 9 2 0 2 1 38
Biñan 102 174 62 24 17 25 8 412
Sta. Rosa 11 24 4 3 3 0 1 46
Cabuyao 11 2 0 4 0 0 0 17
Calamba 177 148 105 47 32 25 12 546
Total 391 507 259 113 78 107 32 1,487
% 26 34 17 8 5 7 2 100

(4) Land and Structure Ownership Among Business Establishments

167. Results shows that out of 1,487 business establishments, only 150 or 10% claim
ownership of land. The majority, or 1, 337 (90%) responded that they do not own the land
where their business place is located (Please refer to Table 59).

Table 59: Land Ownership Among Business Establishments


Non-
City Landowners/Claimants TOTAL
Landowners
Manila 32 110 142
Makati 18 11 29
Taguig 3 52 55
Parañaque 31 157 188
Muntinlupa 2 12 14
San Pedro 5 33 38
Biñan 17 395 412

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Non-
City Landowners/Claimants TOTAL
Landowners
Sta. Rosa 2 44 46
Cabuyao 1 16 17
Calamba 39 507 546
TOTAL 150 1337 1487

% 10 90 100

168. Of the 1,337 non-landowners, only 48 (3.6%) responded that they are renting/leasing
land, when asked about their occupancy arrangement with the landowner. The rest consists
of 403 (30.1%) who are occupying without permission, 363 (27.1%) occupying with
permission, 159 (11.9%) with acquired rights, 347 (25.9%) did not respond, and 17 (1.3%)
have other types of arrangement. Please refer to Table 60.

Table 60: Land Occupancy Arrangement Among Non-Landowner Businesses

Occupant Occupant
Renting/ Acquired
City/Municipality w/ w/o Others N/R Total
Leasing Rights
Permission Permission

City of Manila 5 33 17 12 11 32 110


City of Makati 4 5 1 0 0 1 11
Taguig 0 11 9 22 0 10 52
Muntinlupa 13 37 11 50 3 43 157
Parañaque 11 1 0 0 0 0 12
San Pedro 0 6 4 12 1 10 33
Biñan 4 116 34 158 1 82 395
Sta. Rosa 2 9 4 19 0 10 44
Cabuyao 0 7 1 0 0 8 16
Calamba 9 138 78 130 1 151 507
Total 48 363 159 403 17 347 1337

% 3.6 27.1 11.9 30.1 1.3 25.9 100.0

169. In terms of structure ownership, majority or 1,233 (82.9%) stated that they own the
structures, 247 (16.6%) expressed that they do not own the structures, and 7 (0.5%) refused
to divulge information (Please see Table 60). Of the 247 non-structure owners, 170 (69.0%)
stated that they are renting/leasing the structures, 42 (17.0%) are rent-free occupants, 16
(6.6%) are caretakers, 16 (6.6%) did not respond, 2 (0.8%) are occupying without permission

Table 61: Structure Ownership Among Business Establishments


Non-
Structure No
City Structure TOTAL
Owners/Claimants Response
Owners
Manila 100 42 0 142

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Non-
Structure No
City Structure TOTAL
Owners/Claimants Response
Owners
Makati 20 9 0 29
Taguig 48 7 0 55
Parañaque 165 23 0 188
Muntinlupa 3 11 0 14
San Pedro 31 7 0 38
Biñan 372 37 3 412
Sta. Rosa 38 7 1 46
Cabuyao 9 8 0 17
Calamba 447 96 3 546
TOTAL 1233 247 7 1487

% 82.9 16.6 0.5 100.0

Table 62: Structure Occupancy Arrangement Among Non-Structure Owner-Businesses

Occupant
Renting/
City/Municipality w/ Rent Free Caretaker Sharer N/R Total
Leasing
Permission

City of Manila 21 2 10 8 0 1 42
City of Makati 8 0 1 0 0 0 9
Taguig 6 0 1 0 0 0 7
Muntinlupa 12 0 5 2 1 3 23
Parañaque 10 0 0 1 0 0 11
San Pedro 6 0 0 1 0 0 7
Biñan 22 0 9 2 0 4 37
Sta. Rosa 3 0 4 0 0 0 7
Cabuyao 7 0 1 0 0 0 8
Calamba 75 0 11 2 0 8 96
Total 170 2 42 16 1 16 247

% 68.8 0.8 17.0 6.5 0.4 6.5 100.0

170. From Tables 59-62 it can be discerned that of the 1,233 business establishments who
claim ownership of structures, it’s highly probable that only 150 would also own the land. As
such 1,083 business establishments would belong to the informal sector.

(5) Number of Employees

171. Only 304 out of 1,487 potentially affected business respondents have provided
employee information. Among the reasons are that some establishments have no employees
and are family operated while others indicated that this is a confidential matter that they chose

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not to disclose. Although some business respondents were able to provide data, no valid
document (e.g. SSS remittance etc.) was provided to support their claim.

172. A total of 1,452 employees were reported of which 1,068 or 74% are rank and file
employees, 233 or 16% are mid-level management employees, and 151 or 10% are senior
management level employees. Most potentially affected employees are in Manila (502)
followed by Makati (237), Muntinlupa (189), Calamba (175), Biñan (150), Cabuyao (115), Sta.
Rosa (33), San Pedro (19), Parañaque (21), and lastly Taguig (11). These businesses appear
to be mostly cottage-based micro and small-scale enterprises. Refer to Table 63.

Table 63: Number of Employees


No. of Employers No. of
Rank and Mid-Level Senior Total Business
City
File Management Management Establishments
Disclosing
Manila 303 139 60 502 48
Makati 151 49 37 237 114
Taguig 9 1 1 11 21
Parañaque 17 2 2 21 10
Muntinlupa 160 2 27 189 5
San Pedro 19 0 0 19 26
Biñan 125 16 9 150 4
Sta. Rosa 27 0 6 33 60
Cabuyao 94 19 2 115 8
Calamba 163 5 7 175 8
Total 1,068 233 151 1,452 304
% 74 16 10 100

(6) Employees Salary

173. Average income of employees by category of employee position is presented in Table


64. The data is based on the declarations of 219 affected business respondents in the absence
of official documents that they failed or did not want to provide. Rank and file employees have
an average monthly income which ranges from Php3,355 to Php12,225, mid-level
management employees have an average monthly income range of PhP832 to Php18,385
while senior management employees have an average monthly salary range of PhP2,159 to
Php23,778. These data are reflective of the nature of potentially affected businesses which
are mostly cottage-based enterprises with varying levels of incomes. In most cases, these
businesses have no formal organizational structures and do not adhere to minimum wage
standards. Business owners, regardless of business scale and qualifications, are recognized
as being in mid-level or senior level management positions.

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Table 64: Average Monthly Employee Income


Average Income (Monthly) Average No. of
City Rank and Mid-Level Senior Income Businesses
File Management Management (Monthly) Disclosing

Manila 12,225 14,626 21,838 16,230 48


Makati 10,798 18,385 23,778 17,654 12
Taguig 3,947 2,800 3,150 3,299 9
Parañaque 5,600 - - 5,600 3
Muntinlupa 4,690 832 1,083 2,202 21
San Pedro 4,320 - - 1,440 4
Biñan 3,355 2,007 4,143 3,168 53
Sta. Rosa 1,765 - 2,159 1,308 8
Cabuyao 4,500 6,900 9,000 6,800 4
Calamba 4,919 2,000 3,155 3,358 57
Average 5,612 4,755 6,831 6,106 219

(7) Business Permits/License

174. Of the 1,487 potentially affected businesses, majority (1,040 or 70%) declared that
they don’t have a license to operate. Only 385 or 26% are registered with either the Securities
and Exchange Commission (SEC), Department of Trade and Industry (DTI), and/or their
respective LGUs. The remaining 62 or 4% did not respond. Refer to Table 65.

Table 65: Business License/Permit


With
license/registered
Without No
City (license/business Total
License Response
registration
DTI/SEC)
Manila 58 75 9 142
Makati 23 5 1 29
Taguig 13 40 2 55
Parañaque 13 1 0 14
Muntinlupa 60 123 5 188
San Pedro 11 25 2 38
Biñan 63 334 15 412
Sta. Rosa 10 34 2 46
Cabuyao 8 9 0 17
Calamba 126 394 26 546
Total 385 1040 62 1487
% 26 70 4 100

(8) Declared Business Monthly Gross Income

175. The estimated monthly average income of the 1,547 affected business establishments
as declared by the respondents is PhP69,157. However, this is based on varying incomes
ranging from below PhP10,000/month to more than PhP500,000/month of which, majority are
below PhP10,000/per month (839 or 56%). Only 13 or 1% have average incomes above
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PhP500, 000/month. The highest average monthly business income recorded is located in
Makati (PhP223,568) and can be attributed to locational advantage being near business
districts. These figures, being declarations and estimates by the respondents, need to be
verified further. Refer to Table 66.

Table 66: Monthly Gross Income of Potentially Affected Businesses

100,001 to
10,000 to

21,000 to

50,001 to

60,001 to
41,000 to
Ave.

100,000

500,000

500,000
Above
10,000

20,000

40,000

50,000

60,000
Below

Total
NR
City Monthly
Income

Manila 62 16 21 6 3 5 11 2 16 142 133,285


Makati 0 2 3 0 0 6 2 2 14 29 223,568
Taguig 38 3 6 3 0 3 2 0 0 55 21,860
Parañaque 1 1 0 0 1 0 1 1 9 14 6,339
Muntinlupa 103 10 14 8 7 17 6 2 21 188 31,326
San Pedro 20 4 4 2 1 3 0 1 3 38 16,600
Biñan 255 37 24 23 5 18 11 1 38 412 16,549
Sta. Rosa 17 7 5 2 1 3 2 1 8 46 17,853
Cabuyao 3 2 2 2 1 2 2 0 3 17 71,957
Calamba 340 41 32 35 20 24 14 3 37 546 152,239
1,48
Total 839 123 111 81 39 81 51 13 149 69,157
7
% 56 8 7 5 3 5 3 1 10 100

(9) Total Declared Business Monthly Gross Income

176. Based on the declared estimates among 1,338 business establishments who agreed
to respond when asked how much gross monthly income their business earns, the sum of
gross monthly income is PhP41,864,080 for 1,338 respondents or an average of PhP
4,186,408 per month per respondent. Refer to Table 67.

Table 67: Sum of Average Monthly Income of Business/Commercial Income

No. of Business Sum of Disclosed


City Establishments Disclosing Monthly Income
Income (PhP)
Manila 126 16,793,885
Makati 15 5,097,470
Taguig 55 1,085,800
Parañaque 5 172,500
Muntinlupa 167 4,335,400
San Pedro 35 955,300
Biñan 374 4,588,275
Sta. Rosa 38 1,093,000
Cabuyao 14 405,400
Calamba 509 7,337,050
Total 1,338 41,864,080

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177. Project awareness was high among potentially affected persons. However,
perceptions of the project were influenced by the level of impact of the project on their lives.
For the APs, it was hard for them to see what benefits the project could give them if they are
displaced, lose their houses and other valuable assets and their source of
livelihood/businesses that they have invested their time, effort and resources into for many
years. Perceptions also vary across different categories of APs which is discussed at length
in this section.

Project Awareness

178. Land owner/claimants without affected structures can only be found in Manila,
Muntinlupa, Binan, Cabuyao and Calamba wherein 35 out of 45 landowners are from Manila
based on the survey outcome. Majority of these landowner/claimants 42 (93%), as shown
below, said that they are aware of the SCRP project and only 3 or 7% said that they are not
aware.

Table 68: Project Awareness among Landowners/Claimants


Yes No Total
City
No. % No. % No. %
Manila 32 71 3 7 35 78
Makati 0 0 0 0 0 0
Taguig 0 0 0 0 0 0
Parañaque 0 0 0 0 0 0
Muntinlupa 5 11 0 0 5 11
San Pedro 0 0 0 0 0 0
Biñan 1 2 0 0 1 2
Sta. Rosa 0 0 0 0 0 0
Cabuyao 1 2 0 0 1 2
Calamba 3 7 0 0 3 7
Total 42 93 3 7 45 100

179. Among potentially affected households, majority (10,026 or 90%) said that they have
heard of the project while 1,028 respondents (9%) said that they have not heard of the project.
Sixty (60) or 4% did not respond. Similarly, majority of the business respondents (1,259 or
85%) also indicated that they have heard about the project and only 200 or 13% said that they
have not heard of the project. No response was generated from 28 or 2% of the business
respondents. Refer to Table 69 and Table 70.

Table 69: Project Awareness among Households


Yes No No Response Total
City
No. % No. % No. % No. %
Manila 3310 30 546 5 12 0.31 3,868 35
Makati 86 1 75 0.67 0 0 161 1
Taguig 364 3 14 0.13 0 0 378 3
Parañaque 35 0.31 3 0.03 0 0 38 0.34
Muntinlupa 1249 11 46 0.41 4 0.31 1,299 12
San Pedro 252 2 48 0.43 1 0.33 301 3
Biñan 1910 17 155 1 16 0.77 2,081 19

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Yes No No Response Total


City
No. % No. % No. % No. %
Sta. Rosa 419 4 12 0.11 4 0.92 435 4
Cabuyao 95 1 11 0.10 0 0 106 1
Calamba 2306 21 118 1 23 0.94 2,447 22
Total 10,026 90 1,028 9 60 4 11,114 100

Table 70: Project Awareness among Affected Businesses


Yes No NR Total
City
No. % No. % No. % No. %
Manila 8 1 132 9 2 0.13 142 10
Makati 24 2 5 0.34 0 0. 29 2
Taguig 50 3 4 0.27 1 0.07 55 4
Parañaque 12 1 2 0.13 0 0 14 1
Muntinlupa 170 11 15 1 3 0.20 188 13
San Pedro 38 3 0 0 0 0 38 3
Biñan 375 25 29 2 8 0.54 412 28
Sta. Rosa 45 3 0 0 1 0.07 46 3
Cabuyao 17 1 0 0 0 0 17 1
Calamba 520 35 13 1 13 0.87 546 37
Total 1,259 85 200 13 28 2 1,487 100

Perceived Project Benefits

180. Among land owners/claimants, 31 or 40% said that the project will reduce traffic
congestion in Metro Manila, 19 or 25% said that the project will improve comfort and
convenience of passengers and car owners, eight or 10% believe that it will improve access
to working place/office, five or 6% think that it will increase the value of commercial and
residential properties, four or 5% said it will improve access to social amenities and facilities
such as schools, hotels, recreational facilities and hospitals, and two or 3% indicated “other”
benefits will be derived from the project such as more work opportunities.

Table 71: Perceived Project Benefits among Landowners/Claimants


City A B C D E F Others NR Total
Manila 25 12 4 5 5 4 2 1 58
Makati 0 0 0 0 0 0 0 0 0
Taguig 0 0 0 0 0 0 0 0 0
Parañaque 0 0 0 0 0 0 0 0 0
Muntinlupa 4 5 0 1 0 3 0 0 13
San Pedro 0 0 0 0 0 0 0 0 0
Biñan 0 1 0 0 0 0 0 0 1
Sta. Rosa 0 0 0 0 0 0 0 0 0
Cabuyao 0 1 0 1 0 0 0 0 2
Calamba 2 0 0 1 0 0 0 0 3
Total 31 19 4 8 5 7 2 1 77
% 40 25 5 10 6 9 3 1 100
Note: A – Will reduce traffic jam in Metro Manila, B - Will improve comfort and convenience to
passengers and car owners. C - Project will improve access to social amenities and facilities such as

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City A B C D E F Others NR Total


schools, hotels, recreational facilities and hospitals., D - Will improve access to working place/office,
E - Value of commercial and residential properties will be increased, F- Will open up opportunities for
work and NR – No Response

181. Multiple responses were generated from the potentially affected households when
asked about what benefits they think can be derived from the project as shown in Table 72
below. Among the benefits being perceived are reduced traffic congestion (6,353 or 38%),
improved comfort and convenience to passengers and car owners (5,216 or 31%), improved
access to social amenities and facilities such as schools, hotels, recreational facilities, and
hospitals (1,538 or 9%), improved access to their workplace/office (1,348 or 8%), more
opportunities for work and business (1,113 or 7%), and increased value of commercial and
residential properties (255 or 2%). About 891 or 5% of the households indicated “other”
benefits such as the place will become cleaner with the absence of squatters, reduced cost of
and faster transportation, opportunity to have better housing of their own where kids are safer
and away from the rail tracks among others.

Table 72: Perceived Project Benefits among Affected Households

City A B C D E F Others Total


Manila 2,299 1,715 276 427 39 188 521 5,465
Makati 48 48 16 12 2 3 47 176
Taguig 252 183 29 61 15 39 8 587
Parañaque 15 14 8 8 2 7 5 59
Muntinlupa 811 663 220 241 32 159 42 2,168
San Pedro 150 139 30 39 6 24 13 401
Biñan 1,130 969 328 344 55 281 135 3,242
Sta. Rosa 212 232 58 50 12 65 16 645
Cabuyao 60 48 13 23 3 5 2 154
Calamba 1,376 1,205 370 333 89 342 102 3,817
Total 6,353 5,216 1,348 1,538 255 1,113 891 16,714
% 38 31 8 9 2 7 7 100
Note: A - reduced traffic congestion; B- improved comfort and convenience to passengers and car
owners; C- improved access to their workplace/office; D- improved access to social amenities and
facilities; E- increased value of commercial and residential properties; F- more opportunities for
work and business; Others

182. Table 73 shows that business respondents were mostly positive about the project
bringing about benefits both to the business and the greater community. One-third of the
respondents (871 or 33%) indicate that the project will reduced traffic problems while others
stated the following benefits: improve comfort and convenience to passengers and car owners
(790 or 30%), improved access to their work place/office (302 or 12%), improved access to
social amenities and facilities such as school, hotels, recreational facilities and hospitals (246
or 9%), more work and business opportunities (190 or 7%), and increased value of
commercial and residential properties (96 or 4%).

Table 73: Perceived Project Benefits among Affected Businesses

City A B C D E F Others Total


Manila 92 78 9 24 6 9 1 219
Makati 16 16 8 10 1 1 1 53

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City A B C D E F Others Total


Taguig 38 28 5 8 1 7 4 91
Parañaque 9 5 1 1 0 0 0 16
Muntinlupa 118 99 43 52 10 19 13 354
San Pedro 21 21 6 4 1 2 5 60
Biñan 230 219 74 87 22 47 38 717
Sta. Rosa 29 22 9 6 1 6 7 80
Cabuyao 10 10 3 5 3 3 0 34
Calamba 308 292 88 105 51 96 45 985
Total 871 790 246 302 96 190 114 2,609
% 33 30 9 12 4 7 4 100
Note: A – Will reduce traffic problems, B - Will improve comfort and convenience to passengers and
car owners. C - Project will improve access to social amenities and facilities such as schools, hotels,
recreational facilities and hospitals., D - Will improve access to working place/office, E - Value of
commercial and residential properties will be increased, F- Will open up opportunities for work and
business, NR – No Response

a. Issues and Concerns

183. Issues and concerns also vary among affected landowners/ claimants, households and
businesses. Table 74 below presents issues and concerns cited by affected
landowners/claimants. As shown, 35 or 48% of land owners/claimants are concerned that they
may not get the fair market price for their land, 20 or 27% are worried that payment will be
delayed knowing government procedures, 15 or 21% expressed that land is the only asset
they have and that they may not be able to buy the same quality and location with the
compensation that will be paid, while 3 or 4% indicated other concerns such as safety of the
area once the project proceeds, noise during construction and operations, loss of access etc.

Table 74: Issues and Concerns among Landowners/Claimants


City A B C Others Total
Manila 25 15 12 3 55
Makati 0 0 0 0 0
Taguig 0 0 0 0 0
Parañaque 0 0 0 0 0
Muntinlupa 5 3 2 0 10
San Pedro 0 0 0 0 0
Biñan 1 0 0 0 1
Sta. Rosa 0 0 0 0 0
Cabuyao 1 1 0 0 2
Calamba 3 1 1 0 5
Total 35 20 15 3 73
% 48 27 21 4 100
A-May not get the fair market price of the land, B- Payment may be
delayed, knowing government procedures, C-Only asset I have, may not
be able to buy the same quality and location at the price paid

184. Majority of the affected households (9,714 or 83%) expressed concern over their
houses being demolished or that they will be relocated to another area, 348 or 3% are worried
that their business/livelihoods will be negatively affected, 255 or 2% are concerned that the
living environment in the area will become worse because of the noise and vibration that the

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project will cause, 121 or 1% are worried that their shops will be relocated, while 547 or 5%
raised “other” concerns such as the relocation site not being good enough, no livelihood
opportunities at relocation site, no assurance of good housing at relocation site with access
to water and electricity, project funds being corrupted etc. The other 617 or 5% did not respond
to the question. Refer to Table 75.

Table 75: Issues and Concerns among Affected Households


City A B C D E Others N/R Total
Manila 3075 41 151 109 38 100 486 4000
Makati 84 0 5 1 0 26 35 151
Taguig 354 1 7 12 1 10 6 391
Parañaque 35 0 1 0 0 1 0 37
Muntinlupa 1177 8 29 54 10 111 12 1401
San Pedro 262 6 11 4 4 34 2 323
Biñan 1929 28 47 38 4 103 40 2189
Sta. Rosa 404 3 9 5 1 23 4 449
Cabuyao 88 1 4 2 1 8 2 106
Calamba 2306 33 84 30 8 131 30 2622
Total 9,714 121 348 255 67 547 617 11,669
% 83 1 3 2 1 5 5 100
A- My house will be demolished/we will be relocated to another area, B- My shop will be relocated,
C- My business/livelihood will be negatively affected, D-Living environment in the area will get worse
because of noise and vibration, E. Value of commercial and residential properties will be decreased.

185. Table 76 reflects that majority of the business respondents (1,287 or 63%) are
concerned about their business structure being demolished while 622 or 30% are worried
about their business being negatively affected. Others are concerned about their employees
being temporarily/permanently displaced (32 or 2%), and the value of their commercial
property decreasing (30 or 1%). There were 45 or 2% who specified “other” issues and
concerns such as payments not paid fully and properly, not being able to find alternative space
for business, loss of access for marginally affected businesses, inability to start their business
again after the loss of income and structure etc. Twenty-seven (27) respondents or 1% did not
answer the question.

Table 76: Issues and Concerns among Affected Businesses


City A B C D Others NR Total
Manila 105 61 4 5 6 9 190
Makati 20 13 0 7 3 5 48
Taguig 48 26 1 0 0 0 75
Parañaque 9 3 1 0 1 0 14
Muntinlupa 149 104 6 3 12 2 276
San Pedro 31 24 1 2 0 1 59
Biñan 381 160 9 7 9 2 568
Sta. Rosa 39 16 0 2 4 0 61
Cabuyao 13 4 0 1 1 2 21
Calamba 492 211 8 5 9 6 731
Total 1,287 622 30 32 45 27 2,043
% 63 30 1 2 2 1 100

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City A B C D Others NR Total


A- Business structure will be demolished, B- Business will be negatively affected, C-
Value of commercial properties will be decreased, D-Employees will be
temporarily/permanently displaced

b. Recommendations to Address Issues and Concerns

186. As part of the survey, respondents were asked of their thoughts on how they think the
issues and concerns they have raised can be addressed. Below are the recommendations/
suggestions generated from the respondents.

Table 77: Recommendations to Address Issues and Concerns


Households Business Landowners/Claimants
Provide permanent relocation Provision of alternative Fair compensation for affected
sites where we can live business structure within the land without delay prior to
permanently same barangay or near the utilization
economic center
Relocation within the same Financial support to restart Provide alternative livelihood
barangay/city/municipality business elsewhere opportunities for those whose
source of income is rental of
land
Compensation for housing Financial compensation for Integrate safety measures in the
structure and assistance to lost business structure at fair project design to secure nearby
relocate in our chosen province market value that will enable communities
business owners to
reestablish the same

Provision of replacement Opportunity to put up the Ensure that the trains will not
housing that is made of sturdy same business at relocation cause noise pollution
materials, with access to site
electricity and water,
Same neighborhood at Provide alternative access for Provide alternative access for
relocation site marginally affected the remaining communities
businesses
Relocation site must be safe and Provide information ahead of
secured, near schools, hospitals, project start
market, main roads
Financial assistance to Allow us to demolish our own
reestablish livelihoods or start structures so we can still use
new livelihoods salvaged materials
Provision of free housing at Assistance in relocating
relocation site business
Provision of space to continue
our livelihoods at relocation site
(i.e. sari-sari store, eatery,
livestock raising etc.) and space
for garage (tricycle, jeepney etc.)
Affordable housing program
Proper information dissemination
before any demolition

c. Preference for Livelihood Restoration and Improvement Measures

187. Affected household and business respondents indicated their preference for livelihood
assistance in the case that they lose their livelihoods, jobs or businesses.

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188. Among potentially affected households, the most response of the respondents was
their preference for business capital/funds to re-start the same business (4,722 or 32%).
Others specified any job/employment near the relocation site (1,991 or 13%), a
job/employment within the current sector near the relocation site (1,505 or 10%), vocational
training/other livelihood skills development opportunities (1,339 or 9%), a job/employment
within the current sector and within the same Barangay (1,263 or 8%), any job/employment in
the same city (1,134 or 8%), business capital/funds to set-up new business (1,036 or 7%), and
any job/employment within the same barangay (986 or 7%). Refer to Table 78.

Table 78: Types of Proposed Livelihood Assistance among Affected Households


City A B C D E F G H I Total
Manila 413 104 535 498 371 161 1921 165 224 4392
Makati 11 6 12 11 21 17 105 3 7 193
Taguig 58 47 73 104 40 54 105 29 42 552
Parañaque 6 6 9 12 1 5 10 1 2 52
Muntinlupa 157 122 162 300 199 180 501 138 189 1948
San Pedro 23 26 20 49 25 36 136 38 47 400
Biñan 205 248 263 432 134 308 821 274 323 3008
Sta. Rosa 29 46 57 69 19 68 165 78 80 611
Cabuyao 36 17 6 21 6 5 38 9 4 142
Calamba 325 364 368 495 113 300 920 301 421 3607
Total 1,263 986 1,505 1,991 929 1,134 4,722 1,036 1,339 14,905
% 8 7 10 13 6 8 32 7 9 100
Note: A- Job/Employment within the current sector and within the same Barangay, B- Any
job/employment within the same Barangay, C- Job/Employment within the current sector near the
relocation site, D-Any job/employment near the relocation site, E-Job/Employment with the same
occupation in the same city, F- Any Job/Employment in the same city, G- Business capital/funds to re-
start the same business, H- Business capital/funds to set-up new business, I- Vocational training/other
livelihood skills

189. For potentially affected business, almost half of the respondents suggested that
business capital would enable them to restart the same business (825 or 43%) while 623 or
32% suggested capital to set-up a new business. Other responses were vocational
training/other livelihood skills (78 or 4%), any job/employment near the potential relocation site
(97 or 5%), any job/employment within the same barangay (50 or 3%), and a job/employment
with the same occupation in the same city (47 or 2%). There are 113 or 6% who indicated
“other” types of livelihood assistance. Refer to Table 79.

Table 79: Types of Proposed Livelihood Assistance among Affected Businesses


City A B C D E F G Others Total
Manila 12 8 8 8 52 53 6 7 154
Makati 1 1 0 2 13 6 0 4 27
Taguig 0 0 4 2 33 20 1 3 63
Parañaque 0 0 0 0 4 0 0 2 6
Muntinlupa 5 5 12 4 108 73 8 22 237
San Pedro 1 0 2 0 21 11 0 4 39
Biñan 25 19 33 20 236 185 31 36 585
Sta. Rosa 0 3 3 0 23 22 4 5 60
Cabuyao 6 1 0 1 7 6 0 0 21

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City A B C D E F G Others Total


Calamba 39 13 35 10 328 247 28 30 730
Total 89 50 97 47 825 623 78 113 1,922
% 5 3 5 2 43 32 4 6 100
Note: A-Job/Employment within the current sector and within the same Barangay, B- Any
job/employment within the same Barangay, C- Any job/employment near the potential relocation site,
D-Job/Employment with the same occupation in the same city, E- Business capital/funds to re-start
the same business, F-Business capital/funds to set-up new business, G- Vocational training/other
livelihood skills

d. Railway Access

190. In order to understand what access opportunities, the current railway provides the
resident communities, respondents were asked a number of questions. As reflected in Table
80, the survey feedback confirms that majority of the households (10,247 or 92%) use the
railway as a means of access for various purposes. With reference to Table 81, majority of
these households indicated that the railway provides them access to buy household goods
(8,410 or 29%) while other said that it provides access to their work/livelihoods (7,005 or 23%),
school (3,297 or 11%), visit friends or relatives (2,814 or 9%), church (2,406 or 8%), health
facilities (1,710 or 6%), barangay hall (1,699 or 6%), attend community activities (1,318 or
4%), and recreational facility (973 or 3%). “Other” reasons identified for railway access (383
or 1%) are it is the only available entry to and exit from their residence, link to main access
road, to hang laundry, to get water supply, to go to clients/customers, to gather firewood, to
visit rental space/business, to raise livestock (poultry, piggery), to plant and harvest
vegetables/crops, shortcut to city hall, etc.

Table 80: Number of Households Passing Through Railway Tracks


Yes No NR Total
City
No. % No. % No. % No. %
Manila 3,563 32 292 3 13 0.12 3,868 35
Makati 145 1 16 0.14 0 0 161 1
Taguig 226 2 150 1 2 0.02 378 3
Parañaque 37 0.33 1 0.01 0 0 38 0
Muntinlupa 1,215 11 66 0.59 18 0.16 1,299 12
San Pedro 274 2 25 0.22 2 0.02 301 3
Biñan 1,977 18 84 0.76 20 0.18 2,081 19
Sta. Rosa 401 4 24 0.22 10 0.09 435 4
Cabuyao 91 1 15 0.13 0 0 106 1
Calamba 2,318 21 109 0.98 20 0.18 2,447 22
Total 10,247 92 782 7 85 0.76 11,114 100

Table 81: Reasons for crossing railway tracks

Reasons No. %

Go to work 7,005 23%


Go to school 3,297 11%
Buy household goods 8,410 28%
Go to Church 2,406 8%
Go to Brgy. Hall 1,699 6%

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Go to Health Facilities 1,710 6%


Attend Community 1,318 4%
Activities
Go to Recreational 973 3%
Facilities
Visit Friends/Relatives 2,814 9%
Others 383 1%
Total 30,015 100%

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4. CHAPTER 4: LEGAL FRAMEWORK


4.
191. Policies and Guidelines Applied to the Project. In this project, the land acquisition
and resettlement policies, especially the compensation and entitlements, need to comply with
Philippine laws, rules and regulations, as well as internationally accepted standards as set
forth in JICA Guidelines (2010) and ADB's Safeguard Policy Statement (SPS, 2009).

192. The following paragraphs initially summarize the pertinent Philippine laws, rules and
regulations, as well as JICA and ADB requirements on involuntary resettlement and
indigenous peoples (IPs). The last portion of this chapter compares JICA/ADB requirements
and policies with those of the Philippines and where policy differences and/or gaps have been
identified, recommended measures to harmonize these gaps are outlined. In case of
discrepancies between the Philippines laws, regulations, and procedures, and ADB’s and
JICA's policies and requirements, the gap filling measures identified in Chapter 5 will prevail.
The principles and objectives of the policies of ADB and JICA are very similar with respect to
social safeguards. The outcomes of the analysis of policies in this chapter informs the
discussion in Chapter 5, which outlines the project-specific policies to be followed in the
preparation and implementation of the Resettlement Action Plan (RAP), as approved by the
DOTr, JICA, and ADB.

193. The policy framework within which the RAP will be implemented is derived from the
Philippine Constitution, pertinent laws and applicable executive, administrative and
department orders. Below is a summary of these laws and policies, in order to provide
background information for the gap analysis and policy comparison.

194. Philippine Constitution 1987. 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 equal
protection of the laws.”
b. Article III, Bill of Rights, Section 9: “Private property shall not be taken for public
use without just compensation.”
c. Article XII, Section 5: “The State shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and cultural
well-being. By an act of Congress, customary laws governing property rights or
relations can be applied in determining the ownership and extent of ancestral
domains.”
d. Article XIII, Urban Land Reform and Housing, Section 10: “Urban or rural poor
dwellers shall not be evicted, nor their dwelling demolished, except in accordance
with law and in a just and humane manner. No resettlement of urban or rural
dwellers shall be undertaken without adequate consultation with them and the
communities where they are to be relocated.”
195. Republic Act (RA) 10752 - An Act to Facilitate the Acquisition of Right-Of-Way
(ROW), Site or Location for National Government Infrastructure Projects. This law,
enacted on March 7, 2016, repeals Republic Act (R.A.) No. 8974 (An Act to Facilitate the
Acquisition of Right-of-Way, Site or Location for National Government Infrastructure Projects
and other purposes). Both laws (R.A. 8974 and R.A. 10752) are based on 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 the said
constitutional provision and ensure that property owners and project-affected properties

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impacted by national government infrastructure projects would be given just compensation.


The Implementing Rules and Regulations (IRR) of R.A. 10752 were promulgated on May 25,
2016 to carry out the provisions of the said Act.

196. Main provisions in R.A. 10752 sought to expedite the implementation of infrastructure
projects while ensuring that just and equitable compensation be provided to the project-
affected persons. The pertinent revisions in R.A. 10752 include: (1) expansion in scope of
national government projects, (2) refining the modes of acquisition, (3) compensation based
on replacement cost for land, structures and improvements, (4) changes in guidelines for
expropriation proceedings, (5) payment terms, (6) subterranean acquisition, (7) Cut-off date
for legal/formal structures and (8) appropriation.

Expansion in Scope of National Government Projects

197. Under Section 2 of RA 8974, National Government Projects pertain to “all national
government infrastructure, engineering works and service contracts, including projects
undertaken by government-owned and controlled corporations, all projects covered by RA
6957, as amended by RA 7718, otherwise known as the Build-Operate-and-Transfer Law, and
other related and necessary activities, such as site acquisition, supply and/or installation of
equipment and materials, implementation, construction, completion, operation, maintenance,
improvement, repair, and rehabilitation, regardless of the source of funding.” The definition
was enhanced under Section 3 of RA 10752 to include the provisions under RA 7160 (Local
Government Code of 1991), allowing for local government units (LGUs) to adopt the provisions
in the ROW acquisitions to their projects.”

Refining the Modes of Acquisition

198. Under Section 4 of R.A. 10752, the government may acquire real property for the ROW
through the following modes: donation, negotiated sale, expropriation, or any other mode of
acquisition as provided by law (e.g., exchange or barter, easement of ROW, acquisition of
properties under Commonwealth Act (C.A.) No. 141).

a. Voluntary donation of land

199. Voluntary donation of land is a preferred mode of land acquisition. According to the
IRR of RA 10752, a project implementing agency is required to explore the mode of donation
of the needed portion or whole of the affected property, i.e., lots with or without improvements,
by the property owned concerned, which may be a private individual/corporation or a
government agency/corporation. If the property owner agrees to donate the property to be
acquired by the IA as ROW, a deed of donation shall immediately be prepared. The deed of
donation shall be simple and unconditional and contain clauses to the effect that the donation
is made not to defraud the donor's creditors, and that the donor has, if necessary, reserved
for himself enough property for his family's subsistence, sustenance and support in case the
donor is a private individual. The donation must be accepted by the IA, which shall be indicated
in the deed. The IA shall pay the documentary stamp tax, transfer tax, and registration fee,
while the donor shall pay any unpaid real property tax.

b. Negotiated Land Acquisition

200. Negotiated Land Acquisition or acquisition through negotiated sale is another preferred
mode of ROW acquisition and should be explored before resorting to expropriation. RA 10752
aims to make negotiated sale more attractive than expropriation, as the process reduces time
compared to expropriation and provides realistic prices. It replaces the previous lengthy and

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cumbersome two-step procedure under RA 8974, where the implementing agency made the
first offer to the property owner based on BIR Zonal Value, considered unattractive because
the value was often low and secondly, the offer was made based on the fair market value, but
most IAs lacked the necessary competence to determine fair market value.

201. According to the IRR of RA 10752, an Executing Agency (EA)/Implementing Agency


(IA) shall immediately offer to the owner, as compensation price, the sum of (i) the current fair
market value of the land, (ii) the replacement cost of structures and improvements, and (iii)
the current fair market value of crops and trees. To determine the appropriate price offer, the
EA/IA will engage the professional services of a government financial institution (GFI) or
independent property appraiser (IPA). The EA/IA may use the GFI/IPA appraisal reports, as
duly validated, as one of bases of the EA/IA’s price offer for negotiated sale. The EA/IA is
encouraged to develop its in-house personnel capable of validating appraisal reports. The
payment by the EA/IA of the capital gains tax only for negotiated sale also provides an
incentive to the lot owners to accept the offer of the government.

202. According to the RA 10752, the EA/IA shall pay the property owner (i) Fifty percent
(50%) of the negotiated price of the affected land, exclusive of the payment of unpaid taxes
remitted to the LGU concerned and (ii) Seventy percent (70%) of the negotiated price of the
affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the
LGU concerned. The EA/IA shall pay the property owner the remaining fifty percent (50%) of
the negotiated price of the affected land after the transfer of title in the name of the Republic
of the Philippines, in cases where the land is wholly affected and at the time of the annotation
of a deed of in cases where the land is partially affected. The EA/IA shall pay the remaining
thirty percent (30%) of the affected structures, improvements, crops and trees, exclusive of
unpaid taxes remitted to the LGU concerned after the land is already completely cleared of
structures, improvements, crops and trees.

203. ROW acquisition starts with the validation of the Parcellary Survey Report and
approved social safeguard document/plan where the number and names of property owners
and other relevant information will be determined. With the validated Parcellary Survey Report
and social safeguards document/plan together with the GFI/IPA appraisal reports, the EA/IA
can start the preparation of Notice of Taking (NoT) pursuant to Negotiated Sale Mode of
Acquisition under RA10752. Within 30 days, negotiation either succeeds or fails. A successful
negotiation would mean execution of Deed of Absolute Sale, and the EA/IA can secure a
Permit to Enter. A failed negotiation on the other hand would mean the EA/IA can initiate
expropriation proceedings.

204. Based on the price for negotiated sale set in the validated and approved social
safeguards document/plan, the EA/IA shall send the letter-offer to the owner, informing him
that, if he rejects the offer or fails to respond with complete documents within 30 days, the
EA/IA shall initiate expropriation proceedings.

c. The expropriation process

205. If negotiation fails, expropriation is initiated. The process requires (a) complete
documentation to support the expropriation complaint, (b) providing for the immediate deposit
of the BIR zonal value of the land and/or market value of the structure allowing prompt release
of payment to the owners and (c) providing immediate issuance of Writ of Possession upon
deposit of the value of the property, which will enable early project implementation. The EA/IA,
through the Office of the Solicitor General (for national agencies), the Office of the Government
Corporate Counsel (for government -owned and controlled corporations), or their deputized

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government or private legal counsel, shall initiate the expropriation proceedings by filing a
verified complaint before the proper court under the following guidelines.

206. Upon the filing of the complaint or at any time thereafter, and after due notice to the
defendant, the EA/IA shall immediately deposit to the court in favor of the owner, the amount
equivalent to the sum of:
(i) One hundred percent (100%) of the value of the land based on the current
relevant zonal valuation of the BIR, issued not more than three (3) years prior
to the filing of the expropriation complaint, subject 7(c) of the IRR;
(ii) The replacement cost at current market value of the improvements and/or
structures as determined by:
(a) the EA/IA;
(b) a GFI with adequate experience in property appraisal or an IPA accredited
by the Bangko Sentral ng Pilipinas (BSP).
(iii) The current market value of crops and trees located within the property as
determined by the GFI or an IPA.

207. Upon compliance with the above guidelines, the court shall immediately issue an order
to take possession of the property to the IA which shall start the implementation of the project.
If within seven (7) working days after the deposit to the court of the amount equivalent to the
sum under items (a)(1) to (a)(3) above (Section 7 of the IRR), and the court has not issued to
the EA/IA a writ of possession for the affected property, the counsel of the EA/IA shall
immediately seek from the court the issuance of the writ of possession. The court shall
immediately issue the writ of possession ex parte; no hearing shall be required. The court shall
release the said amount to the owner upon presentation of sufficient proofs of ownership.

208. The IA will exert robust best efforts in cases where the owner of the property cannot
be found, is unknown, or is deceased in cases where the estate has not been settled, or there
are conflicting claims over the ownership of the property and improvements and/or structures
thereon, so that expropriation cases can be minimized. Best efforts to identify property owners
that cannot be found or unknown will be documented and will include at a minimum public
notices in public media. The EA/IA shall deposit the amount equivalent to the sum under items
(a)(1) to (a)(3) above (Section 7 of the IRR) to the court, for the benefit of the person to be
adjudged in the same proceeding as entitled thereto.

209. If within seven (7) working days after the deposit with the court of the amount
equivalent to the sum under items (a)(1) to (a)(3) above (Section 7 of the IRR), the court has
not issued to the EA/IA a writ of possession for the affected property, the counsel of the EA/IA
shall immediately seek from the court the issuance of the writ of possession. The court shall
release the said amount to the person adjudged in the same expropriation proceeding as
entitled thereto.

210. No existing land classification. In provinces, cities, municipalities and other areas
where there is no land classification, the city assessor is hereby mandated within the period
of sixty (60) days from the date of filing of the expropriation case, to conduct a zonal valuation
for said area, based on the land classification done by the city or municipal assessor

211. Lands granted under the Public Land Act or C.A. No. 141. the following provisions
of Section 4 are noteworthy:
i. If the landowner is not the original patent holder and any previous acquisition of said
land is not through a gratuitous title (i.e. inheritance, donation or negotiation), then
the government will follow the other modes of acquisition (in order) as enumerated
above;

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ii. If the landowner is the original patent holder or acquisition of the land from the
original patent holder is through a gratuitous title (i.e. by donation, inheritance,
conveyance to kin without corresponding compensation), then they will be subject
to the provisions of C.A. No. 141 or Presidential Decree (P.D.) No. 635. Under these
statutes, the landowner is not qualified to compensation for land within the lien, but
is qualified for compensation of structures and other improvements within the lien
at replacement cost, plus financial assistance as provided for in E.O. 1035. Under
C.A. No. 141, a ROW strip not exceeding 20m in width within the land acquired
under the law, or 60m (under P.D. 635) is reserved for public use. P.D. 1361 20
further allowed the utilization of the reserved ROW for temporary buildings for
Resident/Project Engineers needed in the execution of an infrastructure project; and
iii. The IA may utilize donation or similar mode of acquisition if the landowner is a
government owned or government-controlled corporation.

212. Additionally, the law greatly improves budget preparation for ROW acquisition and
project implementation allowing a wide range of ROW budget allocation to cover cost items
such as parcellary surveys, property appraisal, compensation/entitlements, resettlement to
include planning, social preparation, land development, housing construction, provision of
basic services, community facilities, resettlement action plan activities and other related
expenses of the IA including capital gains tax (CGT), documentary stamp tax (DST) and
transfer tax.

Compensation for Land, Structures and Improvements, Crops and Trees

213. Current Market Value of Land. Section 5(a) (1) of R.A. 10752 provides that the
valuation 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 to wit:
i. The classification and use for which the property is suited;
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 as those
required from them by the government, and thereby rehabilitate themselves as
early as possible.

214. Replacement Cost of Structures and Improvements. Section 5(a) (2) states that
the IA may offer to acquire, through negotiated sale, the compensation price equivalent to the
replacement cost of structures and improvements.

20 P.D. 1361 was issued in to further amend Section 112 of C.A. 141 (in addition to P.D. 635). This amendment
included in the lien of the government, aside from those enumerated in P.D. 635, the following: “airport runways,
including sites necessary for terminal buildings and other government structures needed for full operation of the
airport, as well as areas and sites for government buildings for Resident and/or Project Engineers needed in the
prosecution of government-infrastructure projects”.

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215. Under Section 7 of RA 8974, the IA and the LGUs are mandated to adopt the IRR for
the equitable valuation of the improvements and/or structures on land to be expropriated. In
Section 7 of the IRR for RA 8974, the cost of compensation for structures is included in the
negotiation of the purchase price of the property. In particular, the purchase of the property
“shall not be higher than the fair market value of the property” and shall include the disturbance
compensation for the removal and/or demolition of improvements within the land. Section 10
of the IRR further indicates that the replacement cost for structures and improvements shall
be determined by the IA – through considering the following: kinds and quantities of
materials/equipment used, the location, configuration and other physical features of the
properties, and prevailing construction prices. The revisions under RA 10752 intend to
expedite the negotiation process by providing a more realistic, fair and just measurement of
compensation

216. 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 the current market prices of materials,
equipment, labor, contractors profit and overhead, and all other attendant costs associated
with the acquisition and installation of a similar asset in place of the affected asset. In addition:
a. If the affected structure has been damaged, then the replacement cost should be
the pre-damaged condition of that structure;
b. The replacement cost of the structure may vary from the market value of the
existing structure, since the structure that would actually replace it may have a
different cost at current market prices; and
c. The replacement structure has to perform the same functions and meet the
performance specifications as the original structure.

217. Current Market Value of Crops and Trees. Section 5(a) (3) states that the IA may
offer to acquire, through negotiated sale the compensation price equivalent to the current
market value of crops and trees.

Compensation for Structures and Improvement of Owners Who Have No


Legally Recognized Right to the Land

218. Section 5(b) of R.A. 10752, states that for owners of structures and improvements with
no legally recognized rights to the land, payment of the replacement cost of structures and
improvements 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. Although the IRR of R.A. 10752 provides a
fourth condition, “Must not occupy an existing government ROW”, this is not included in the
Act.21

219. The absence of any of the four (4) mandatory qualifications means that these owners
of structures and improvements who do not have legally recognizable rights to the lands they
occupy will not be compensated. In addition, the IRR also indicates that APs shall present a
proof of ownership (i.e. certification from the barangay or landowner) of the structure. Hence,
if these owners had already benefited from any of the government’s housing programs
(professional squatter as defined in RA 7279), they will not be compensated for their affected
assets

21 The applicability of this provision to the project is discussed in Chapter 5.

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Changes in Guidelines for Expropriation Proceedings

220. Under Section 4 of RA 8974, the government may exercise its right of eminent domain
through filing a complaint with the court for the expropriation of private property. The IA shall
then immediately pay the owner the amount equivalent to 100% of the value of the property
and the value of the improvements and structures as determined by the implementing agency.
Section 11 of the IRR further allows the IA, if it deems necessary, to engage the services of a
GFI and/or private appraiser to determine the appraisal of the property.

221. Under Section 6 of RA 10752 and Section 7 of IRR of RA 10752, for expropriation
cases, the IA is mandated to deposit to the court the following upon filing of the expropriation
complaint, (1) 100% of the BIR zonal value of the land, (2) replacement cost of structures and
improvements as determined by the IA, a GFI with adequate experience in property appraisal
or an IPA, as well as (3) the current market value of crops and trees within the property (as
determined by the GFI or IPA). In addition, RA 10752 allows for the expeditious processing
for areas where there is no zonal classification or where the zonal valuation has been enforced
for more than 3 years. In such cases, the IA may use the BIR zonal value and adapt the
classification of the land in the adjacent vicinity.

222. With regard to the taxes and fees relative to the transfer of title of the property to the
Republic of the Philippines through expropriation proceedings, the implementing agency shall
pay the documentary stamp tax, transfer tax and registration fees, while the owner shall pay
the capital gains tax and any unpaid real property tax and all other applicable taxes under the
RA 7160.

223. The law obliges the court to determine the just compensation to be paid to the owner
within 60 days from the date of the filing of the expropriation case. The difference between the
deposited payment and just compensation adjudged by the court has to be paid by the agency
when the court’s decision becomes final and executory.

Payment of Taxes

224. If requested by the property owner, the IA shall remit to the concerned LGU any unpaid
real property tax, provided that its amount is not more than the value offered of the subject
property. Said remittance shall be deducted from the total negotiated price.

225. Under negotiated sale, the IA pays for the account of the seller, the capital gains tax,
as well as the documentary stamp tax, transfer tax, and registration fees. The property owner
pays any unpaid real property tax.

226. 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 property
tax.

Payment Terms

227. Under Section 4 of RA 8974, the IA shall immediately pay the property owner the
amount equivalent to 100% of the value of the property based on the BIR zonal value. Under
Section 5 of RA 10752, the IA may now offer, through negotiated sale, the property owner with
the compensation price consisting of the sum of the following: (1) current market value of the
land; (2) replacement cost for affected structures and improvements; and (3) current market
value of crops and trees therein. The amended law likewise mandates the IA to pay for 50%
of the negotiated price of the affected land (exclusive of taxes), and 70% of the negotiated

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price of the affected structures, improvements, crops and trees (exclusive of unpaid real estate
taxes) upon execution of the Deed of Sale. This supersedes the 100% (i.e. full payment)
requirement indicated in RA 8974.

228. As stipulated in Section 5 (g) of the same Act, the remaining payment for the affected
property shall be as follows:

229. For land, the remaining 50% of the negotiated price of the affected land shall be paid,
exclusive of unpaid taxes remitted to concerned LGU (if any):

a. At the time of transfer of title in the name of the Republic of the Philippines, in cases
where the land is wholly affected; or
b. At the time of the annotation of a deed of sale on the title, in cases where the land
is partially affected.

230. For affected structures, improvements, crops and trees, the remaining 30% shall be
compensated, exclusive of unpaid taxes remitted to concerned LGU (if any), if the land is
already completely cleared of such structures, improvements, crops and trees.

Easement Agreement

231. Section 10 of R.A. 10752 states that if a portion of lot needed for the ROW is minimal
– that the cost for surveying or segregating the portion from the main lot would be greater than
the value of the lot needed – then the IA may, if the property owner agrees, resort to the mode
of Easement of ROW provided under the Civil Code. A ROW easement agreement shall 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 shall pay the owner the following: (i) value for the portion of the lot
based on the existing zonal value declared by the BIR, and (ii) value of the structures and
improvements on land based on replacement cost. The IA shall be responsible for the
registration of the ROW easement agreements with the Register of Deeds within 10 days from
the date of execution, with the Registry of Deeds required to annotate on the Titles the
agreements within seven days from receipt of the registration.

Acquisition of Subsurface Right-of-Way

232. As provided in Section 4 of the RA 10752, when it is necessary to build, construct, or


install on the subsurface or subterranean portion of private and government owned lands
owned, occupied or leased by other persons, such infrastructure as subways, tunnels,
underpasses, waterways, floodways, or utility facilities as part of the government's
infrastructure and development project, the government or any of its authorized
representatives shall not be prevented from entry into and use of such private and government
lands by surface owners or occupants, if such entry and use are made more than fifty (50)
meters from the surface.

233. The IA shall duly consult with and notify the affected property owners of any acquisition
of subsurface right of way needed for the infrastructure projects.

234. 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:

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a) Negotiate with the property owner a perpetual easement of ROW for the
subterranean portions of his property required by the project; and
b) Offer to acquire from the property owner the affected portion of the land, including
the affected structures, improvements, crops and trees therein in accordance with
the provisions of the Act.

235. The easement price provided by the IRR for RA 1052 is 20% of the market price of the
land.

Cut-Off Date for Formal Structures

236. Section 11 of R.A. 10752 states that upon the approval of an infrastructure project by
the head of the concerned IA, with funding authorized in the General Appropriations Act
(GAA), and with defined ROW, no national agency or LGU shall, within two (2) years of the
issuance of the Notice of Taking (NoT), allow any construction, development, or business
permit that is contrary to the approved plans and purposes of the project within the ROW,
unless explicitly authorized by the head of the IA for justifiable reasons. Further, any new
structure or improvement to an existing one on the land covered by the notice shall not be
compensated once the NoT is issued.

Government Appropriation

237. Section 10 of R.A. 10752, stipulates that the government shall provide adequate
appropriations that will allow implementing agencies to acquire required ROW for the national
government infrastructure projects in advance of the project implementation. This includes the
following:
a. Cost for parcellary surveys and appraisal of project-affected properties;
b. Compensation for project-affected land, structures and improvements, crops and
trees;
c. Cost of development and implementation of resettlement projects including
planning, social preparation, and other activities under the resettlement action plan;
and
d. Related expenses of the IA, including capital gains tax in the case of negotiated
sale, documentary stamp tax, transfer tax, and registration fees for the transfer of
titles, and other relevant administrative expenses for ROW management.

238. Section 15c of the IRR of R.A. 10752 provides a more detailed description of the third
bullet. It states that where necessary, cost of implementation of resettlement projects may
include land development and housing construction, provision of basic services and
community facilities, livelihood restoration and improvement22, and other activities under RAP
in coordination with concerned government agencies.

239. Republic Act No. 7279 (Urban Development and Housing Act of 1992). 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 in resettlement
areas by making available decent housing at affordable cost, basic services, and employment
opportunities. Socialized housing, or housing programs and projects covering houses or home
lots for the homeless and underprivileged, shall be provided by LGUs or the NHA in
cooperation with the private developers and concerned agencies with the basic services and
facilities.

22
As of now, there is no standard or guidelines for livelihood restoration and improvement as they relate to losses
that come from land acquisition.

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240. 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 in
resettlement areas by making available decent housing at affordable cost, basic services, and
employment opportunities. Socialized housing encompasses housing programs and projects
covering houses or home lots for the homeless and underprivileged and provision of basic
services and facilities. This shall be provided by LGUs or the National Housing Agency (NHA)
in cooperation with the private developers and concerned agencies.

241. Section 5 of R.A. 7279, and Sections 3.1, and 6.6 of its Annex (Guidelines for the
Inventory and Identification of Lands and Sites for Socialized Housing) states that lands or
portions thereof, set aside for government offices, facilities, and other installations, whether
owned 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 the
purpose for which they have been reserved or set aside for the past 10 years from the
effectivity of the Act (i.e., as of 2002) shall be covered by the Act. As such, these areas, when
identified as suitable for socialized housing, shall immediately be transferred to the NHA,
subject to the approval of the President of the Philippines, or by the LGU concerned, as the
case may be, for proper disposition with the Act.

242. Section 6.3 of the Act’s Annex sets the following criteria to be used for evaluating the
suitability of sites for socialized housing:
a. To the extent feasible, socialized housing and resettlement projects shall be
located in new areas where employment opportunities are available;
b. Priority shall be given to areas where basic services and facilities are already
existing or where they can be introduced within a very short time;
c. Transportation costs to workplaces and other services should be affordable
considering that the target beneficiaries are the homeless and underprivileged;
d. The site shall not require excessive levelling, cutting, and filling. Sites requiring
excessive engineering works shall be avoided. Likewise, sites on steep slopes
and/or weak soil foundation shall not be considered;
e. Environmentally critical areas like those that are flood prone or earthquake zones
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; and
h. Tenurial status must be ascertained.

243. Section 8 of the Act and its Annex A mandated all LGUs in coordination with the
NHA, Housing and Land Use Regulatory Board (HLURB), National Mapping and Resource
Information Authority (NAMRIA), and the Land Management Bureau (LMB) of the Department
of Environment and Natural Resources (DENR) to identify lands for socialized housing and
resettlement areas for the immediate and future needs of the underprivileged and homeless
in the urban areas.

244. Under Section 10, land acquisition may be acquired through the following modes:
community mortgage, land swapping, land assembly or consolidation, donation, joint-venture
agreements, negotiation, or expropriation – which should be resorted to only when other
options have been exhausted.

245. Under Section 16, the following are eligible beneficiaries for socialized housing: (i)
must be a Filipino citizen, (ii) Must be underprivileged and homeless (i.e. those whose total
household income is below the poverty threshold as defined by the National Economic and

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Development Authority (NEDA)), (iii) must not own any real property whether in urban or rural
areas, and (iv) must not be a professional squatter or member of any squatting syndicate.

246. In the same Act, Professional Squatter and Squatting Syndicate are defined as follows:
• Professional Squatter – refers to individuals or groups who occupy lands without
the express consent of the landowner and who have sufficient income for legitimate
housing. The term shall also apply to persons who have previously been awarded
home lots or housing units by the Government but who sold, leased or transferred
the same to settle illegally in the same place or in another urban area and non-
bona fide occupants and intruders or lands reserved for socialized housing. The
term shall not apply to individuals or groups who simply rent land and housing from
professional squatters or squatting syndicate.
• Squatting Syndicate – refers to groups of persons engaged in the business of
squatter housing for profit or gain.

247. Section 28 of the Act stipulates that eviction or demolition as a practice shall be
discouraged; however, it may be allowed under the following conditions:
a. When persons or entities occupy danger areas such as esteros, railroad tracks,
garbage dumps, riverbanks, shorelines, waterways, and other public places such
as sidewalks, roads, parks, and playgrounds;
b. When government infrastructure projects with available funding are about to be
implemented; or
c. When there is a court order for eviction and demolition.

248. 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 in the
areas where they are to be relocated;
c. Presence of Local Government Officials or their representatives during eviction or
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 families consent
otherwise;
f. No use of heavy equipment for demolition except for structures that are made of
concrete/hard materials;
g. Proper uniforms for members of the Philippine National Police who shall occupy
the first line of law enforcement and observe proper disturbance control
procedures; and
h. Adequate relocation, whether temporary or permanent; provided however, that in
cases of eviction and demolition pursuant to a court order involving underprivileged
and homeless citizens, relocation shall be undertaken by the LGU concerned and
the NHA with assistance of other government agencies within 45 days from service
of notice of final judgement by the court, after which period the said order shall be
executed; provided further that should relocation not be possible within the said
period, financial assistance in the amount equivalent to the prevailing minimum
daily wage multiplied by 60 days shall be extended to the affected families by the
LGU concerned.

249. The Community Mortgage Program (CMP). Section 31 of the Act stipulates the
implementation of the Community Mortgage Program (CMP). The CMP, a socialized housing

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program of the government, seeks to improve the living conditions of underprivileged and
homeless citizens by providing affordable financing to help them secure tenure on the land
they occupy. Through the National Home Mortgage Finance Corporation (NHMFC), now the
Social Housing Finance Corporation (SHFC), legally organized organizations are provided
assistance from community mobilizers, processing of required documents to providing loans
for lot acquisition, site development and house construction.

250. Section 33 stipulates that beneficiaries of the Program shall be responsible for:
a. Their organization into associations to manage their subdivisions or places of
residence,
b. To secure housing loans under existing Community Mortgage Program, and
c. Such other projects that are beneficial to them.

251. Executive Order No. 272 (E.O. 272), Series of 2004 created the SHFC and directed
the transfer of the CMP, Abot Kaya Pabahay Fund (AKPF) Program, and other social housing
powers and functions of the NHMFC to the SHFC. Under this E.O., the SHFC shall be the
lead government agency to undertake socialized housing programs that will cater to the formal
and informal sectors in the low-income bracket and shall take charge of developing and
administering socialized housing program schemes, particularly the CMP and the AKPF
Program (amortization support program and development financing program).

252. Further, where beneficiaries fail to form an association by and among themselves, the
SHFC shall initiate the organization of the same in coordination with the Presidential
Commission for the Urban Poor (PCUP) and the LGUs concerned. No person who is not a
bona fide resident of the area shall be a member or officer of such association.23

253. Section 32 of R.A. 7279 states that CMP beneficiaries shall not be evicted nor
dispossessed of their lands or improvements unless they have incurred non-payment of
amortizations for three (3) months.

254. Republic Act No. 11201 (Department of Human Settlements and Urban
Development Act of 2019) and Its Implementing Rules and Regulations. 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 the Department
of Human Settlements and Urban Development (DHSUD) with the intention of consolidating
the Housing and Urban Development Coordinating Council (HUDCC) and the HLURB.

255. According to the Act, the department shall act as the primary national government
entity responsible for the management of housing, human settlement and urban development.
It shall be the sole and main planning and policymaking, regulatory, program coordination,
and performance monitoring entity for all housing, human settlement, and urban development
concerns, primarily focusing on the access to and the affordability of basic human needs. It
shall also develop and adopt a national strategy to immediately address the provision of
adequate and affordable housing to all Filipinos and ensure the alignment of the policies,
programs, and projects of all its attached agencies to facilitate the achievement of this
objective.

256. When it comes to its attached agencies, the DHSUD will exercise administrative
supervision over the following housing agencies, which shall remain to be attached for
purposes of policy and program coordination, monitoring, and evaluation: (i) National Housing
23 A bona fide resident generally can secure certification from a Local Government Unit (such as the Barangay) of
their residency status.

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Authority (NHA); (ii) Home Guaranty Corporation (HGC); (iii) National Home Mortgage Finance
Corporation (NHMFC); and (iv) Home Development Mutual Fund; and (v) Social Housing
Finance Corporation (SHFC). The attached agencies will continue to function according to
existing laws and their respective charters.

257. Republic Act No. 7160 (Local Government Code of 1991). This Code establishes
the system and defines powers of provincial, city, municipal and barangay governments in the
Philippines. Relevant sections include:

258. Section 2(c) stipulates the policy of the State to require all national agencies and
offices to conduct periodic consultations with appropriate LGUs, non-governmental and
people's organizations, and other concerned sectors of the community before any project or
program is implemented in their respective jurisdictions.

259. Section 17(b) states that LGUs shall exercise such other powers and discharge such
other functions and responsibilities as are necessary, appropriate, or incidental to the efficient
and effective provision of basic services and facilities. Provincial LGUs are mandated to
provide such basic services and facilities except for housing projects funded by the Social
Security System (SSS), Government Service Insurance System (GSIS), and the Home
Development Mutual Fund (HDMF).

260. Section 17(c) provides that public works and infrastructure projects and other 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 foreign sources,
are not covered under Section (b), as described above, except in those cases where the LGU
concerned is duly designated as the IA for such projects, facilities, programs, and services.

261. Under Section 19, an LGU, through its chief executive and acting pursuant to an
ordinance, may exercise the power of eminent domain for public use, or purpose, or welfare
for the benefit of the poor and the landless upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent laws. Provided, however, that the power of
eminent domain may not be exercised unless a valid and definite offer has been previously
made to the owner, and such offer was not accepted.

262. Further, the LGU may immediately take possession of the property upon the filing of
the expropriation proceedings and upon making a deposit with the proper court of at least
fifteen percent (15%) of the fair market value of the property based on the current tax
declaration of the property to be expropriated: Provided, finally, that, the amount to be paid for
the expropriated property shall be determined by the proper court, based on the fair market
value at the time of the taking of the property.

263. Under Section 20(a) of the same Act, a city or municipality may, through an ordinance
passed by the Sanggunian after conducting public hearings for the purpose, authorize the
reclassification of agricultural lands and provide for the manner of their utilization or disposition
in the following cases:
a. When the land ceases to be economically feasible and sound for agricultural purposes
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 Sanggunian concerned.

264. Provided, that such reclassification shall be limited to the following percentage of the
total agricultural land area at the time of the passage of the ordinance:
i. For highly urbanized and independent component cities, fifteen percent (15%);

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ii. For component cities and first to third class municipalities, ten percent (10%); and
iii. For fourth to sixth class municipalities, five percent (5%): Provided, further, that
agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic
Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657)24, otherwise known as
"The Comprehensive Agrarian Reform Law", shall not be affected by the said
reclassification and the conversion of such lands into other purposes and shall be
governed by Section 65 of said Act.

265. Based on Section 20(c) the LGUs shall, in conformity with existing laws, continue to
prepare their respective comprehensive land use plans enacted through zoning ordinances
which shall be the primary and dominant bases for the future use of land resources. The
requirements for food production, human settlements, and industrial expansion shall be taken
into consideration in the preparation of such plans.

266. Section 27 provides that no project or program shall be implemented by government


authorities unless the consultations mentioned in Sections 2(c) above are complied with, and
prior approval of the Sanggunian concerned is obtained; Provided, that occupants in areas
where such projects are to be implemented shall not be evicted unless appropriate relocation
sites have been provided, in accordance with the provisions of the Constitution.

267. Republic Act 386 (Civil Code of the Philippines). Title VII of the Civil Code of the
Philippines (hereafter shall be referred to as “Civil Code”) provides methods for acquiring and
extinguishing easements or servitudes. Article 613 defines an easement or servitude as an
encumbrance imposed upon an immovable for the benefit of another immovable belonging to
a different owner. Further the section states that the immovable in favor of which the easement
is established is called the dominant estate, and that, which is subject thereto the servient
estate. For example, this section of the Civil Code is relevant to ROW acquisition when the
government (i.e. the dominant estate) can require easements due to new public infrastructure.
This can impose restrictions to owners (i.e. the servient estate) on land use, as the owner is
required to allow perpetual use of portions of his/her land for public purpose. R.A. 386 provides
definitions and guidelines that are relevant to this legal framework as enumerated 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 not modified, and each of them must bear it on the
part which corresponds to him.
Article 625 - Upon the establishment of an easement, all the rights necessary for its
use are considered granted.
Article 626 - The owner of the dominant estate cannot use the easement except for
the benefit of the immovable originally contemplated. Neither can the owner exercise
the easement in any other manner than that previously established.

24 R.A. No. 6657 enacted in 1988 is an Act instituting a comprehensive agrarian reform program to promote social
justice and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture.
The agrarian reform program is founded on the right of farmers and regular farmworkers who are landless, to
own directly or collectively the lands they till or in the case of farmworkers, to receive a just share of the fruits
thereof. To this end the State encourage and undertake the just distribution of all agricultural lands, subject to
the priorities and retention limits set forth in the Act.

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Article 629 - The owner of the servient estate cannot impair, in any manner
whatsoever, the use of the servitude.
Article 630 - The owner of the servient estate retains the ownership of the portion on
which the easement is established, and may use the same in such a manner as not to
affect the exercise of the easement.
Article 631(5) - Easements are extinguished by the renunciation of the 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 and regulations relating thereto.
Article 649 - Should the easement be established in such a manner that its use may
be continuous for all the needs of the dominant estate, establishing a permanent
passage, the indemnity shall consist of the value of the land occupied and the amount
of the damage caused to the servient estate.
Article 654 - If the ROW is permanent, the necessary repairs shall be made by the
owner of the dominant estate. A proportionate share of taxes shall be reimbursed by
said owner to the proprietor of the servient estate.

268. Republic Act No. 9679 (Home Development Mutual Fund Law of 2009). 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 primarily intended for
shelter financing among its members. Section 10 states that the Fund shall be private in
character, owned wholly by the members, administered in trust and applied exclusively for
their benefit. Section 6 of the Act provides that membership in the Fund shall be mandatory
upon all employees covered by the SSS and the GSIS, and their respective employers.
However, the coverage of employees whose monthly compensation is less than four thousand
pesos (P4, 000.00) is on a voluntary basis.

269. Section 13 (d) and (e) mandates Pag-IBIG Fund to invest not less than 70% of its
investible funds to housing, and to acquire, utilize, or dispose of, in any manner recognized by
law, real or personal properties to carry out the purpose of the Act, respectively.

270. Republic Act No. 6389 (Agricultural Land Reform Code of 1971). This Act concerns
agrarian reforms in the Philippines and aims to establish cooperative organizations and
increase agricultural productivity and farm income through a system of production, processing,
marketing, distribution, credit and services (Section 2). It amended certain provisions of the
previous legislation on land reform (R.A. 3844). Under Section 7 of the amendment,
agricultural lessees are entitled to receive disturbance compensation equivalent to five times
the average gross harvests on his/her landholding during the last five preceding calendar
years if dispossession has been authorized by the Court in a judgement that is final and
executory, if after due hearing it is shown that the lessor-owner or a member of his/her
immediate 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.
This statute mentions compensation payment to agricultural lessees who will lose their source
of livelihood due to dispossession of leased land.

271. Commonwealth Act No. 141 (Public Land Act of 1936). Under Section 12 of C.A.
141, any citizen of the Philippines over the age of eighteen years, or the head of a family, who
does not own more than 24 hectares (ha) of land in the Philippines or has not had the benefit
of any gratuitous allotment of more than 24 ha of land since the occupation of the Philippines

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by the United States, may take possession of land25 upon the approval of the Director of Lands
and payment of entry fee. The applicant is mandated to work 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 given or patent issued for the land applied
for until at least one-fifth of the land has been improved and cultivated. Cultivation should be
for a period of not less than one year from, or more than five years after the date of the approval
of the application. To obtain a patent (title), the applicant must show proof that he/she has
been residing continuously for at least one (1) year in the municipality in which the land is
located, or in a municipality adjacent to the same, and has cultivated at least one-fifth of the
land continuously since the approval of the application, and make affidavit that no part of the
said land has been alienated or encumbered.

272. Section 112 prescribes that lands awarded by virtue of this Act shall further be 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 the Government or
any public or quasi-public service or enterprise, including mining or forest concessionaires,
may reasonably require for carrying on their business, with damages for the improvements
only.

273. P.D. 635 issued in 1975 amended Section 112 of C.A. 141 by increasing 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 strip reserved for public use
within the land acquired under C.A. No. 141, the owner is required to execute a quit claim.
Only improvements will be compensated.

274. Republic Act No. 7277 (March 1992). R.A. 7277, also known as the Magna Carta for
Disabled Persons, grants the rights and privileges for disabled persons to ensure their
rehabilitation, self-development and self-reliance. Section 4 of the Act provides the following
definitions: (i) disabled persons are those suffering from restriction of different abilities, as a
result of a mental, physical or sensory impairment, to perform an activity in the manner of
within the range considered normal for a human being; and (ii) marginalized disabled persons
refer to disabled persons who lack access to rehabilitative services and opportunities to be
able to participate fully in socio-economic activities and who have no means of livelihood or
whose incomes fall below poverty threshold.

275. Republic Act No. 6685 (December 1988). The Act 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 available bona fide residents in the province, city or municipality concerned
in which the projects are to be undertaken, penalizing those who fail to do so. Under Section
1 of R.A. 6685, national and local public works projects funded by either the national
government or local government including foreign-assisted projects must hire at least 50% of
the unskilled and 30% of the skilled labor requirements from bona fide and actual residents in
the province, city and municipality concerned who are ready, willing, and able, as determined
by the governor, city mayor, or municipal mayor concerned. In areas where the number of
available resources is less than the required percentages provided in this Act, the said
requirements shall be based on the maximum 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.

25 Only agricultural land which can be classified as alienable and disposable.

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276. Republic Act No. 9994 (February 2010). The Act grants additional benefits and
privileges to senior citizens to maximize the contribution of senior citizens for nation-building
and other purposes. Section 3 of R.A. 9994 defines 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 the elderly under its national shelter
program.

277. Republic Act No. 7277 (March 1992) as Amended by R.A. 9442. R.A. 7277, also
known as the Magna Carta for Disabled Persons, grants the rights and privileges for persons
with disability (PWDs) to ensure their rehabilitation, self-development, and self-reliance.
Section 4 of the Act provides the following definitions:
• PWDs are those suffering from the restriction of different abilities, as a result of a
mental, physical, or sensory impairment, to perform an activity in the manner of
within the range considered normal for a human being; and
• Marginalized persons with disability refer to PWDs who lack access to rehabilitative
services and opportunities to be able to participate fully in socio-economic activities
and who have no means of livelihood or whose incomes fall below the poverty
threshold.

278. Batas Pambansa 220 (June 1982). The Act authorizes the Ministry of Human
Settlements to establish and promulgate different levels of standards and technical
requirements for economic and socialized housing projects in urban and rural areas.26 Section
1 of Batas Pambansa (BP) 220 declares a policy of the government to promote and encourage
the development of economic and socialized housing projects for the average and low-income
earners in urban and rural areas.

279. Section 2 of the Act defines economic and socialized housing units as those which are
within the affordable level of the average and low-income earners which is 30% of the gross
family income as determined by the NEDA from time to time.

280. Presidential Decree No. 1096 (National Building Code of the Philippines,
February 1977). The Decree revises R.A. 6541 to conform to development goals and
infrastructure programs of the government and adequately provide for all technological
requirements of buildings and structures in terms of the up-to-date design and construction
standards and criteria.

281. 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,
in addition, the Decree aims to provide for all buildings and structures, a framework of
minimum standards and requirements to regulate and control their location, site, design, and
quality of materials, construction, use, occupancy, and maintenance.

282. Implementing Rules and Regulations of Presidential Degree No. 1096. The IRR
sets the minimum setback requirements for residential, commercial, industrial, and
recreational buildings/structures for newly developed thoroughfares.

283. Specifically, Section 804 sets the minimum dimension of courts:


a. Minimum sizes of courts and yards and their least dimensions shall be governed
by the use, type of construction, and height of the building as provided hereunder,

26
Functions of the Ministry of Human Settlements were transferred by virtue of E.O. 90 Series of 1986, creating
the Housing and Urban Development Coordinating Council (HUDCC) and abolishing the Ministry of Human
Settlements.

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provided that the minimum horizontal dimension of the said courts and yards shall
be not less than 2.00 m. All inner courts shall be connected to a street or yard,
either by a passageway with a minimum width of 1.20 m or by a door through a
room or rooms.
b. The required open space shall be located totally or distributed anywhere within the
lot in such a manner as to provide the maximum light and ventilation into the
building (Figures VIII.12. through VIII.15.).
c. Yard – the required open space left between the outermost face of the
building/structure and the property lines, e.g., front-, rear-, right-, and left-side
yards. The width of the yard is the setback. Yards prescribed for commercial,
industrial, institutional, and recreational buildings are shown in Table 82 hereafter.

Table 82: Minimum Setbacks for Residential Buildings/Structures


Type of Residential Use/ Occupancy
R - 228 R - 329
Yard R - 430
R-1 27
R - 531****
Basic Maximum Basic Maximum (individual
(m) (m)
(m) (m) (m) (m) lot/unit) (m)
Front 4.50 3.00 8.00 * 3.00 8.00 * 4.50 6.00
Side 2.00 2.00 ** 2.00 ** *** 2.00 2.00 3.00
(optional) (optional)
Rear 2.00 2.00 2.00 *** 2.00 2.00
3.00
Notes:
a) The setback requirements in Table VIII.2. above are for newly developed
subdivisions.
b) * Total setback only at grade (or natural ground) level, i.e., 3.00 m + 5.00 m = 8.00
m (to accommodate part of the minimum parking requirement outside the
designated area for the front yard). The second and upper floors and mezzanine
level shall thereafter comply with the minimum 3.00 m setback unless otherwise
provided under the Code.
c) ** Setback required for only one (1) side. Setbacks on two (2) sides shall be
optional.
d) *** Abutments on two sides and rear property lines may be allowed with conditions
as enumerated under Section 804, Subsection 10 of this Rule.
e) **** Mixed-Use Buildings/Structures in R-5 lots shall be considered a commercial
use or occupancy if a substantial percentage, i.e., 55% of the Gross Floor Area
Table 83:isSetbacks
(GFA) for Commercial*, Industrial, Institutional, and Recreational
commercial.
In cases where yards/setbacks are impossible to attain or where frontage and
depth of lots are similar to that of Open Market or Medium Cost Housing Projects,
abutments on the sides and rear property lines may be allowed and 1.50 m front
yard is left open as transition area.
27
R-1 refers to a low-density residential zone, characterized mainly by single family, single detached dwellings
with the usual community ancillary uses on a neighborhood scale, such as executive subdivisions and relatively
exclusive residential communities which are not subdivisions.
28 A medium density residential use or occupancy, characterized mainly as a low-rise single attached, duplex or

multi-level building/ structure for exclusive use as multiple family dwellings. This includes R-2 structures within
semi-exclusive subdivisions and semi-exclusive residential communities which are not subdivisions.
29
A high-density residential use or occupancy, characterized mainly as a low rise or medium-rise building/ structure
for exclusive use as multiple family dwellings with mixed housing types. R-3 structure may include low-rise or
medium-rise residential condominium buildings that are already commercial in nature and scale.
30 A medium to high-density residential use or occupancy, characterized mainly as a low-rise townhouse building/

structure for exclusive use as multiple family dwellings. The term R-4 specifically refers to the building/structure
on an individual lot (a townhouse unit) and generally refers to the series or rows of R-4 buildings/structures
within a subdivided lot or property (an R- 4 development).
31 R-5 refers to a very high-density residential use or occupancy, characterized mainly as a medium-rise or high-

rise condominium building/structure for exclusive use as multiple family dwelling.

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Buildings
Road Right-of-Way
Front Side Rear
(RROW) Width
(m) (m) (m)
(m)
30.00 & above 8.00 5.00 5.00
25.00 to 29.00 6.00 3.00 3.00
20.00 to 24.00 5.00 3.00 3.00
10.00 to 19.00 5.00 2.00 2.00
Below 10.00 5.00 2.00 2.00
Note:* Mixed-Use Buildings/Structures in R-5 lots may be considered a
commercial development if a substantial percentage of the GFA is commercial.

d. The setback requirements in Table VIII.3. above are for newly developed
thoroughfares. For highly built-up urban areas with duly established lines and
grades reflecting therein proposed road widening and elevation, the requirements
in Table VIII.3. above may not be imposed, and the face of the building may abut
on the side and/or rear property lines, provided that all the requirements on open
space, window opening, artificial ventilation, if any, and firewalls (Rule VII) are first
fully complied.

284. Executive Order No. 1035, Series of 1985. E.O. 1035 provides the procedures and
guidelines for expeditious acquisition by the government of private real properties or rights
thereon for infrastructure and other government development projects.
• Financial assistance to displaced tenants/farmers, equivalent to the average
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 of C.A. 141 on land acquired under C.A. 141 (for original patent
holders only). Under C.A. 141, the ROW strip not exceeding 20 m in width within
the land acquired under the law, or 60 m (under P.D. 635) is reserved for public
use. This shall be over and above compensation for affected portions of structures
and improvements therein.

285. Executive Order No. 48, Series of 2001. 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) as socialized housing sites and provides for the
disposition of the same to bona fide occupants through the HUDCC.

286. Executive Order No. 708, Series of 2008. E.O. 708, Series of 2008 amended E.O.
152, Series of 2002 and devolved the function of the PCUP as the clearing house for the
conduct of demolition and eviction activities involving the homeless and underprivileged
citizens to respective LGUs with territorial jurisdiction over the proposed demolition and
eviction activities of government agencies.

287. 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 house
functions granted to them in the E.O. The PCUP shall continue its monitoring and reporting
functions including Sub-section 4-11 of Section 1 and Section 9 of E.O. 152 as follows:

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a. Investigate motu proprio or upon complaint by any party and any violation of the
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 the
appropriate criminal, civil or administrative case against any person or persons
found to have violated the provisions of Section 28 of R.A. 7279 or its IRR;
c. Recommend to the President appropriate measures for the implementation and
enforcement of Section 28 of R.A. 7279 and its IRR including possible
administrative sanctions against national or local government officials who have
violated the said law, rules, and regulations;
d. Request any government agency for assistance and necessary information in the
discharge of their respective functions under this Order;
e. Publicize matters covered by its investigation of violations of the provisions of
Section 28 of R.A. 7279 or its IRR, when circumstances so warrant and with due
prudence: Provided, however, that the PCUP shall, under the rules and regulations
it shall hereafter promulgate and determine what cases may not be made public:
Provided, further, that any publicity issued by the PCUP shall be balanced, fair,
and true;
f. Administer oaths, issue subpoena and subpoena duces tecum, and take the
testimonies of witnesses in the course of its investigation;
g. Adopt its own operational guidelines and rules of procedures as well as rules and
regulations not otherwise inconsistent with existing laws, rules, and regulations, to
effectively carry out its mandate; and
h. Perform such other function as may hereafter be provided by law or executive
issuance.

288. Executive Order No. 272, Series of 2004. E.O. 272 creates the SHFC and assigns
the SHFC as the lead government agency for undertaking socialized housing programs that
will cater to the formal and informal sectors in the low-income bracket and shall take charge
of developing and administering social housing program schemes, particularly the CMP and
the AKPF Program (i.e., the amortization support program and development financing
program).

289. Executive Order No. 69, Series of 2012. The E.O. provides for the transfer of the
PCUP to the Office of the President (OP) to effectively coordinate, formulate, and evaluate
policies and programs concerning the urban poor. The E.O. also provides the following
functions and power to the PCUP:
a. Conduct of social preparation activities related to asset reforms, human
development, and basic social services, employment and livelihood, and other
programs of the government for the urban poor; and
b. Representation in the HUDCC, key shelter agencies (KSAs), and the LHB.

290. DOTr Department Order No. 2013-05. The Department Order (D.O.) specifies the
composition of the Technical Working Committee (TWC) for site acquisition/ROW for the
department’s infrastructure projects.

291. HLURB Memorandum Circular No. 13, Series of 2017. The HLURB's Memorandum
Circular (M.C.) sets the price ceiling for an economic housing at above PhP 450,000 to PhP
1,700,000, while a medium-cost housing is above PhP 1,700,000 to PhP 4,000,000.

292. HUDCC Resolution No. 1, Series of 2018. The resolution by the HUDCC sets up a
new price ceiling for socialized subdivision projects as follows:

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Table 84: Price Ceiling for Socialized Subdivision Projects


Price Ceiling Floor Area
Php 480,000 22 square meters (m2) with loft of at least 50% of the base structure; or 24 m2
Php 530,000 24 m2 with loft of at least 50% of the base structure; or 28 m2
Php 580,000 28 m2 with loft of at least 50% of the base structure; or 32 m2

293. HUDCC Resolution No. 2, Series of 2018. The resolution by the HUDCC sets up a
new price ceiling for socialized condominium project as follows:

Table 85: Price Ceiling for Socialized Condominium Projects


Area Price ceiling Floor Area
For the National Capital Region; San Jose Del Monte Php 700,000 22 m2
City in Bulacan Province; Cainta and Antipolo in Rizal
Province; San Pedro City in Laguna Province; and
Carmona and Cities of Imus and Bacoor in Cavite Php 750,000 24 m2
Province.
For other areas Php 600,000 22 m2
Php 650,000 24 m2

294. DOTr Right-of-Way and Site Acquisition Manual. The DOTr as the IA is mandated
by R.A. 10752 through Section 18 of its IRR to produce an agency manual of procedures for
ROW acquisition. As of March 2018, accordingly, the DOTr proclaimed D.O. 2018-005
stipulating that all implementing offices concerned shall be directed to adopt and use the
DOTr's Right-of-Way and Site Acquisition Manual (ROWSAM), hereinafter also referred to as
“Manual”. The Manual was developed to provide clear and specific operational guidelines on
ROW acquisition. It aims to guide the DOTr staff on legal processes and procedures
necessary to acquire and clear private and public lands required for the construction and
operation of public transport infrastructure regardless of funding sources. As stated in Section
1.1.3 of the ROWSAM, it is consistent with the requirements and provisions of R.A. 10752 and
its IRR. Further, it outlines the land acquisition requirements necessary for planning,
developing, and implementing land acquisition necessary for the development, construction,
and operation of transportation projects.

295. The Manual also mentions about the importance of due diligence and the DOTr’s Core
Values of the Department (as presented below) that must be applied in every step of the
ROW acquisition process.

Core Values of the DOTr

We value integrity and honesty. We practice what we say, formulate policies, programs and
projects and properly use resources attuned with the DOTr Mission and Vision.
We are competent. We constantly search for and apply new ideas, technologies and
practice to improve the delivery of services to our stakeholders.
We do right things at the right time with the right attitude and behavior. We provide our
stakeholders and the general public access to relevant information.
We value and treat our stakeholders with utmost respect and care.
We, the members of the DOTr family, work as a team to attain common goals and
objectives.
We commit everything to God for the continuous advancement of this Department and the
nation as a whole.

296. DPWH Right-of-Way Acquisition Manual. For this project, the DOTr will be adopting
DPWH’s ROW Acquisition Manual (DRAM) as a general guide in the implementation of the
improved right-of-way process. Differences between the DRAM procedures and requirements

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specific for this project are set out in the gap matrix in this chapter, in the entitlement matrix
(EM) and implementation arrangements described elsewhere in the Resettlement Framework.
The DRAM was developed in compliance with Section 18 of the IRR of R.A. 10752, which
prescribes that, to provide clear, specific, and operational guidelines for the efficient
acquisition of ROW for its infrastructure projects, each IA shall prepare and implement its own
“Manual of Procedures for ROW Acquisition.” The DRAM covers the entire ROW acquisition
process – including the following:
a. Project feasibility study (FS) with environmental impact assessment;
b. Preparation of a preliminary ROW action plan with property appraisal;
c. Provision of appropriations in the General Appropriations Act (GAA);
d. Detailed engineering design (DED) including parcellary surveys and preparation of
the final ROW action plan;
e. Validation of the ROW action plan;
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; and
j. Management of ROW.

297. The DRAM is also intended to be a reference for property owners and other affected
persons (APs) on the requirements and procedures to be followed to facilitate ROW
acquisition, while ensuring that they can avail of due process and obtain fair compensation. It
will also guide other concerned government entities including the Office of the Solicitor
General (OSG), the BIR, housing agencies, the DENR, LGUs, and the court as well as Official
Development Assistance (ODA) agencies regarding the ROW aspects that entail their active
participation. Finally, it shall also serve as a guide for the GFIs and IPAs in determining
appropriate price offers to property owners affected by ROW acquisition.

298. The DRAM consists of the main volume and the appendices volume. In the main
volume, the manual presents and discusses the workflow chart, objective, lead persons,
support entities, overview, and procedures. The appendices volume provide the pertinent
laws, rules, and regulations, department orders, template forms, and agreements and reports.

299. NHA Memorandum Circular No. 2427 Series of 2012. NHA M.C. 2427 s. 2012 as
an enabler and facilitator in the housing delivery process under R.A. 7279, the NHA issued
the Revised Guidelines for the Implementation of the Resettlement Assistance Program for
Local Government Units. The guidelines were designed to enhance the capabilities of LGUs
outside Metro Manila to provide housings for informal settlers requiring relocation and
resettlement. Target beneficiaries include families displaced or to be displaced from sites
earmarked 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 and
guidelines 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
land for the project and (ii) be the lead project implementer with overall responsibilities for the
operation and management of the resettlement projects to include the preparation of overall
project plans, site development and housing plans, beneficiary selection, and the relocation of
families and estate management.

300. NHA Memorandum Circular No. 015, Series of 2015. The M.C. provides the
guidelines for site selection, site suitability, and site planning in the implementation of various
housing development programs and projects of the NHA. It also entails the selection and
planning of sites for housing with the objective of rationalizing the land use of NHA housing

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projects considering the many environmental and social issues on housing development vis-
à-vis the existing government rules and regulations.

301. NHA Memorandum Circular No. 014, Series of 2018. NHA M.C. 014, s.2018 entitled
“Revised Guidelines for the Financing of the Acquisition of Developed Lots and Completed
Housing Units in Permanent Housing Sites through the Community Based Initiative Approach
(CBIA)” seeks to provide improvements on the Community Initiative Approach (CIAP) per NHA
Board Resolution Nos. 6081 and 6155 dated May 13, 2016 and March 1, 2017, respectively.
The latest issuance includes enhanced participation of Community Associations (CA) in
identified aspects of the relocation and resettlement program and project implementation
process as well as strengthening of controls in the site evaluation, evaluation of
landowners/developers/contractors, review and approval of project proposals, and project
implementation.

302. According to Section 2.6 of JICA Guidelines (2010), “projects must comply with the
laws, ordinances, and standards related to environmental and social considerations
established by the governments that have jurisdiction over project sites (including both
national and local governments). They must also conform to the environmental and social
consideration policies and plans of the governments that have such jurisdiction”.

303. The key principles of JICA policy on involuntary resettlement described in the
guidelines is summarized below:
a. Involuntary resettlement and loss of means of livelihood are to be avoided when
feasible by exploring all viable alternatives.
b. When population displacement is unavoidable, effective measures to minimize the
impact and to compensate for losses should be taken.
c. People who must be resettled involuntarily and people whose means of livelihood
will be hindered or lost must be sufficiently compensated and supported, 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 information made
available to them in advance. When consultations are held, explanations must be
given in a form, manner, and language that are understandable to the affected
people.
h. Appropriate participation of affected people must be promoted in planning,
implementation, and monitoring of resettlement action plans.
i. Appropriate and accessible grievance mechanisms must be established for the
affected people and their communities.
j. Affected people are to be identified and recorded as early as possible in order to
establish their eligibility through an initial baseline survey (including population
census that serves as an eligibility cut-off date, asset inventory, and socio-
economic survey), preferably at the project identification stage, to prevent a
subsequent influx of encroachers and others who wish to take advance of such
benefits.
Eligibility of benefits include:

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APs who have formal legal rights to land (including customary and traditional
land rights recognized under law);
• 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
• APs who have no recognizable legal right to the land they are occupying.
k. Preference should be given to land-based resettlement strategies for displaced
persons whose livelihoods are land-based.
l. Provide support for the transition period (between displacement and livelihood
restoration).
m. 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.
n. For projects that entail land acquisition or involuntary resettlement of fewer than
200 people, abbreviated resettlement plan is to be prepared.

304. The objectives of ADB's SPS (2009) are to (i) avoid involuntary resettlement whenever
possible 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
terms relative to pre-project levels; (iii) and improve the standards of living of the displaced
poor and other 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) involuntary land acquisition or (ii) involuntary restrictions on land use or access
to legally designated parks and protected areas. The SPS covers physical and economic
displacement regardless of whether 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 major impacts, which are defined as (i) being physically
displaced from housings, or (ii) losing 10% or more of their productive assets (income
generating). The level of details and comprehensiveness of a resettlement plan is
commensurate with the significance of potential impacts and risks.

305. Involuntary Resettlement. ADB’s policy on involuntary resettlement covers physical


displacement (relocation, loss of residential land, or loss of shelter) as well as economic
displacement (loss of land, assets, access to assets, income sources, or means of livelihoods)
as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on
access to legally designated parks and protected areas regardless of whether such losses
and involuntary restrictions are full or partial, permanent or temporary. The following ADB-
SPS principles on involuntary resettlement are stipulated and will apply to the project:

(i) Screen the project early on to identify past, present, and future involuntary
resettlement impacts and risks. Determine the scope of resettlement action
planning through a survey and/or census of displaced persons, including a
gender analysis, specifically related to resettlement impacts and risks.
(ii) Carry out meaningful consultations with affected persons, host communities,
and concerned nongovernment organizations. Inform all displaced persons of
their entitlements and resettlement options. Ensure their participation in
planning, implementation, and monitoring and evaluation of resettlement
programs. Pay particular attention to the needs of vulnerable groups, especially
those below the poverty line, the landless, the elderly, women and children,
and Indigenous Peoples, and those without legal title to land, and ensure their
participation in consultations. Establish a grievance redress mechanism to
receive and facilitate resolution of the affected persons’ concerns. Support the
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social and cultural institutions of displaced persons and their host population.
Where involuntary resettlement impacts and risks are highly complex and
sensitive, compensation and resettlement decisions should be preceded by a
social preparation phase.
(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i)
land-based resettlement strategies when affected livelihoods are land based
where possible or cash compensation at replacement value for land when the
loss of land does not undermine livelihoods, (ii) prompt replacement of assets
with access to assets of equal or higher value, (iii) prompt compensation at full
replacement cost for assets that cannot be restored, and (iv) additional
revenues and services through benefit sharing schemes where possible.
(iv) Provide physically and economically displaced persons with needed
assistance, including the following: (i) if there is relocation, secured tenure to
relocation land, better housing at resettlement sites with comparable access to
employment and production opportunities, integration of resettled persons
economically and socially into their host communities, and extension of project
benefits to host communities; (ii) transitional support and development
assistance, such as land development, credit facilities, training, or employment
opportunities; and (iii) civic infrastructure and community services, as required.
(v) Improve the standards of living of the displaced poor and other vulnerable
groups, including women, to at least national minimum standards. In rural areas
provide them with legal and affordable access to land and resources, and in
urban areas provide them with appropriate income sources and legal and
affordable access to adequate housing.
(vi) Develop procedures in a transparent, consistent, and equitable manner, if land
acquisition is through negotiated settlement in order to ensure that those
people who enter into negotiated settlements will maintain the same or better
income and livelihood status.
(vii) Ensure that displaced persons without titles to land or any recognizable legal
rights to land are eligible for resettlement assistance and compensation for loss
of non-land assets.
(viii) Prepare a RP elaborating on displaced persons' entitlements, a consultation
and disclosure plan, a grievance redress mechanism, an income and livelihood
restoration strategy, institutional arrangements, monitoring and reporting
arrangement, budget, and a time-bound implementation schedule.
(ix) Disclose a draft resettlement action plan, including documentation of the
consultation process in a timely manner, before project appraisal, in an
accessible place and a form and language(s) understandable to the affected
persons and other stakeholders. Disclose the final resettlement action plan and
its updates to the affected persons and other stakeholders.
(x) Conceive and execute involuntary resettlement as part of a development
project or program. Include the full costs of resettlement in the presentation of
project’s costs and benefits. For a project with significant involuntary
resettlement impacts, consider implementing the involuntary resettlement
component of the project as a stand-alone operation.
(xi) Pay compensation and provide other resettlement entitlements before physical
or economic displacement. Implement the resettlement action plan under close
supervision, throughout project implementation.
(xii) Monitor and assess resettlement outcomes, their impacts on the standards of
living of displaced persons, and whether the objectives of the resettlement
action plan have been achieved by taking into account the baseline conditions
and the results of resettlement monitoring. Disclose monitoring reports.

306. An important aspect of ADB’s involuntary resettlement safeguard requirement is


compensation at replacement cost, comprising the following elements: (i) fair current market
value at the time of compensation; (ii) transaction costs; (iii) interest accrued, (iv) transitional

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and restoration costs; and (v) other applicable payments, if any. In the calculation, structures
will be compensated at replacement costs without depreciation of structures. Qualified and
experienced experts shall undertake the valuation of acquired assets.

307. Persons or households without formal legal rights nor recognized or recognizable
claims to the acquired land are still entitled to be compensated for their loss of assets other
than land, such as dwellings or other improvements on the land at full replacement cost,
provided that they have occupied/used the land or structures in the affected land prior to a
declared cut-off date.

308. Other policies. Other ADB policies relevant to resettlement action planning and
implementation include the Policy on Gender and Development that adopts gender
mainstreaming as a key strategy for promoting gender equity, and for ensuring participation
of women and that their needs are explicitly addressed in the decision-making process for
development activities. For projects that have the potential to have substantial gender impacts,
a gender plan is prepared to identify strategies to address gender concerns and the
involvement of women in the design, implementation and monitoring of the project.

309. ADB’s indigenous people’s safeguards are triggered if a project directly or indirectly
affects the dignity, human rights, livelihood systems, or culture of indigenous peoples or affects
the territories or natural or cultural resources that indigenous people own, use, occupy, or
claim as their ancestral domain. If ancestral domain land were to be required for the rail ROW
for the project, an appropriate IP safeguard instrument will be prepared. However, for this
project, it has been assessed that no ancestral domain land is to be affected, nor are there
any indigenous peoples affected by the project.

310. The ADB Public Communications Policy seeks to encourage the participation and
understanding of people and other stakeholders affected by ADB-assisted activities.
Information dissemination on ADB-funded projects should start early in the project preparation
phase and continue throughout all stages of project development, in order to facilitate dialogue
with affected persons and other stakeholders.

311. A gap analysis of the Philippine Government’s policy on involuntary resettlement vis-
à-vis ADB and JICA’s safeguard policies has been undertaken. Where there are differences
between ADB and JICA’s safeguard requirements and the Philippines Government policies,
then ADB/JICA policies will prevail (or, the more stringent measure). All gap-filling measures
have been specified and approved by DOTr.

312. Generally, the Philippine land law and regulations for compensation match with ADB
and JICA’s requirements of replacement cost. There are no major substantive gaps to
reconcile between the country’s laws and regulations and ADB and JICA’s requirements.
However, there are some procedural gaps. The differences between the Government’s laws,
and ADB and JICA’s policies with regard to involuntary resettlement and how to address these
gaps, are shown in the Table 86 below.

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Table 86: Gap Analysis and Harmonized Involuntary Resettlement Policy


No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
1 Compensation for APs who have neither formal APs without legal entitlement to APs without legal rights to All people affected by the
non-land assets legal rights nor recognizable affected land will be eligible for affected land are project who do not have legally
for those without claims to affected land they compensation for structures and potentially ineligible for recognized right to the affected
recognized legal occupy are to be compensated improvements with following compensation for non-land land but who occupy the
rights to affected for the loss of assets other than criteria: losses if they are classified project affected area prior to
land. land, and for other as ineligible (not meeting the cut-off date are eligible for
improvements to the land, at a. Must be a Filipino citizen; the criteria). compensation (including those
full replacement cost, provided b. Must not own any real occupying existing
they occupied the project area property or any other housing government right of way) for
prior to the project cut-off date. facility, whether in an urban affected non-land assets and
or rural area; improvements, other than
land, at full replacement cost.
c. Must not be a professional
squatter or a member of a This includes those that do not
squatting syndicate, as meet the criteria within the
defined in R.A No. 7279, Laws of the Philippines, with
otherwise known as the the exception of “Squatting
"Urban Development and syndicates” as defined in
housing Act of 1992"; section 3 of RA 7279 and who
are certified by DHSUD and or
(Section 5(b) of RA 10752)32 other Government Agencies
(PNR, LGU among others) as
“Squatting syndicates” as defined
such will not be eligible for
in section 3 of RA 727933 will not
compensation.
be eligible for compensation or
assistance. Presence in the project
affected area at cut-off date to
Under Section 15 of IRR of RA
be identified through census
10752, the government shall
and validated by the RAP
provide adequate appropriations
Implementation Management
including the cost of development
Committee (RIMC) or
and implementation of
respective Local Housing
resettlement projects, including

32
Section 6.6 of IRR of RA 10752 includes additional criterion that APs must not occupy an existing government ROW. However, this criterion is not supported in RA 10752
itself.
33
"Squatting syndicates" refers to groups of persons engaged in the business of squatter housing for profit or gain.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
planning, social preparation, Office (LHO) or the Local Inter-
provision of basic services, Agency Committee (LIAC), in
community facilities, livelihood the absence of the former.
restoration and improvement and
other activities in the resettlement All aspects of the RAP will be
action plan. covered by adequate
government appropriations.
Section 5(b) of R.A. 10752, states
that for owners of structures and
improvements with no legally
recognized rights to the land,
payment of the replacement cost
of structures and improvements
shall apply as long as they meet
all of the following conditions:
• Are Filipino citizens;
• Do not own any real property or
other housing facility in any
urban or rural area; and
• Are not professional squatters
or members of a squatting
syndicate as defined in the
Urban Development and
Housing Act of 1992.
Although the IRR of R.A. 10752
provides a fourth condition, “Must
not occupy an existing
government ROW”, this is not
included in the Act.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
2 Eligibility for Physically displaced persons Socialized Housing: Restrictions on eligibility All relocating APs will be
resettlement will be provided with relocation for resettlement eligible for self-relocation
assistance assistance, transitional support Under Section 16 of RA 7279, assistance for those who assistance or assisted
and development assistance. informal settlers: To qualify for the do not meet the criteria for resettlement.
socialized housing program, a the socialized housing.
Improve the standards of living beneficiary: “Squatting syndicates” as
of the displaced poor and other defined in section 3 of R.A.
vulnerable groups, including - Must be a Filipino citizen; 7279 and who are certified by
women, to at least national - Must be an underprivileged DHSUD as such will not be
minimum standards and and homeless citizen eligible for resettlement
provide them with appropriate assistance.
income sources and legal and - Must not own any real
affordable access to adequate property whether in the urban Members of squatting
housing. or rural areas; and syndicates who do not actually
occupy project-affected
- Must not be a professional structures and are residing
squatter or a member of elsewhere will not be
squatting syndicates. physically displaced and as
such will not be eligible for
relocation assistance and
transitional support.
The Entitlement Matrix
outlines the specifics of the
support provided for the self-
relocation assistance and
resettlement assistance
options.

3 Payment of The rate of compensation for RA 10752 requires for the Payment of capital gains Payment of CGT will be paid
capital gains tax acquired housing, land and property owner to pay the capital tax by AP if land is by the IA after the ruling by the
on land acquired other assets will be calculated gains tax in expropriation expropriated is court in expropriation cases
through at full replacement costs. proceedings in order to inconsistent with principle when a AP is unable to accept
expropriation. incentivize and promote of replacement cost. the negotiated sale as they
The calculation of full negotiated sale. lack the paperwork and are
replacement cost will be based required to undergo Extra
on the following elements: (i) Under negotiated sale, the IA Judicial Settlement before
fair market value; (ii) shall pay for the account of the

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
transaction costs; (iii) interest seller, the capital gains tax, as being recognized as the
accrued, (iv) transitional and well as the documentary stamp property owner (for example,
restoration costs; and (v) other tax, transfer tax, and registration in deceased estates that have
applicable payments, if any. fees. The property owner will pay not been settled).
any unpaid real property tax.
Prompt and complete
Under expropriation proceedings, disclosure of the advantages
the IA shall pay the documentary of Negotiated Sale over
stamp tax, transfer tax, and Expropriation Proceedings (As
registration fees, while the owner provided for by R.A. 10752)
will pay the capital gains tax and shall be made during conduct
any unpaid real property tax. of the 2nd Stakeholder
Consultation Meeting to wit:
Negotiated Sale Advantages:
(i) Outright offer for land price
will be based on fair market
value
(ii) Payment of CGT
shouldered by Implementing
Agency (DOTr)
(iii) Shorter process (2-6
months if all required
documents are complete)
Expropriation Proceeding
Disadvantages:
(i) Initial payment for land
based on BIR zonal value and
owner needs to present
documentary evidence during
court hearings to prove that
value should be higher

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(ii) Owner needs to hire
lawyer
(iii) Owner/AP will pay the
capital gains tax (CGT)
(except in cases where an AP
is unable to accept the
negotiated sale as they lack
the paperwork and are
required to undergo Extra
Judicial Settlement).
(iv) Longer process (may take
a year to several years before
decision of court for payment
of just compensation in favor
of the owner becomes final
and executory) and orders
DOTr to pay the owner the
difference.
APs may still revert from
expropriation to negotiation at
any point in time before the
last day of filing for Motion of
the expropriation case.
In case the Expropriation Case
has been filed in Court:
The plaintiff (DOTr) can
withdraw the case any time
before the filing of the answer
by the defendant (APs)
(Section 1(h) Rule 16 of the
1997 Rules of Court on Civil
Procedures).

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If the answer has been filed
there has to be a joint filing by
DOTr and owner to withdraw
the case (Section 2, Rule 17 of
the 1997 Rules of Court on
Civil Procedures).
In both cases, the acquisition
mode would revert back to
Negotiated Sale, which will
entitle the owner to payment at
current market value for land
(as indicated in DOTr’s letter
offer), free of taxes, including
CGT, and registration fees in
accordance with Section 5(c)
R.A. 10752, replacement cost
for structures and
improvements, and market
value for crops and trees
under Section 5(a) R.A.
10752.
If compensation is less than
replacement cost, the DOTr
will apply a mitigation measure
to reach replacement cost.
Other applicable allowances
including livelihood
rehabilitation and transitional
assistance allowances apply
as per cases not subject to
expropriation.

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4 Scope of Scope to cover direct impacts Unless specifically included in the Potential gap with respect Any land acquired for the
application of the of land acquisition and RAP, Government policies and to application of policies project requirements,
RAP restricted land use for the standards only would be applied. and entitlements under including right of way and
project, including any land RAP to those who are resettlement site development
acquired for development of For involuntary resettlement affected by land specifically for the needs of the
resettlement sites specifically impacts from land acquired for acquisition to develop project will be included in the
for the project. resettlement sites RA7279 states resettlement sites for the scope of RAPs, and will follow
that land for socialised housing project. the project-specific policies as
Involuntary land acquisition for can be expropriated – but should outlined in the RAPs.
resettlement sites to be be resorted to only when other
avoided, where possible. options have been exhausted. DOTr will oblige any agency
responsible for land
acquisition for project needs,
including right of way
adjustments, resettlement
sites, utilities relocation and
access roads, to apply the
same standards and
entitlements as set out in the
policy framework.

5 Timing of All compensation and Under RA 10752, in the mode of Gaps on timing for The APs will not be displaced
payment of assistance should be provided negotiated sale, APs will be paid payment, and for until after they have been paid
compensation prior to displacement. in two instalments for their expropriation cases, the in full the compensation and
and assistance affected properties. The balance need to provide proof of applicable allowances due to
prior to in compensation for the land will ownership to the courts them:
displacement only be paid after the deed of sale prior to payment.
has been completed. The For negotiated sale the
balance of payment for following arrangements will be
improvements will be paid to the applied:
APs only after the acquired lands For structures: DOTr to pay
have been cleared of all 100% prior to being displaced.
improvements (i.e., structures, Payment of compensation for
trees, and crops). structures and improvements
In the mode of expropriation, an may be held in abeyance for
initial compensation at an amount participants of socialized

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computed at 100% of lot price housing program or used as
based on latest Bureau of Internal an advance payment on their
Revenue (BIR) zonal value for amortizations at the APs
land, replacement cost for request until the relocation site
structures and improvements, and socialized housing
and market value for crops and accommodation becomes
trees in the form of a check will be available.
deposited to the court in favor of
the owner upon filing of For land: For Full/Severe
expropriation case by DOTr. The impacts - 1st installment of
Court will immediately issue an 50% by DOTr remaining 50%
order to take possession of the is paid to APs when land is
property and start implementation officially transferred; for partial/
of the project (Section 6(a) R.A. marginal land taking,
10752). While the court remaining 50% is paid to APs
adjudicates the compensation to upon annotation of the Title on
be paid, the APs may, at any time sale of portion of land; but no
request the court to release such displacement nor civil works to
deposit upon presentation of commence until such transfer
proof of ownership (Section 6(a) is effective and balance paid.
R.A. 10752). In negotiated sale cases
where APs are willing to sell
their property but will take
more than 30 days to submit
required documents, DOTr will
provide necessary assistance
to the extent possible, to help
APs to secure the paperwork.
In cases wherein APs need to
undergo Extra Judicial
Settlement (EJS) 34 for the
paperwork, the DOTr shall
assist them through the Help

34 In cases when the original owner, whose name is on the title, has already died and did not leave any last testament as to who will inherit his property, the heirs have to undergo
extra judicial settlement (EJS) so that the original title can be subdivided among them. Otherwise the agency tasked to acquire ROW cannot compensate them.

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Desk so that they can
complete title segregation
prior to issuance of the Letter
Offer to Buy (OTB)35, and thus
can be eligible for negotiated
sale.
In cases wherein the APs with
EJS case is assisted but could
not be finished prior to
issuance of OTB,
expropriation case shall be
filed while the EJS is still being
processed. The APs can, at
any time, request the court to
release the initial payment
deposited to the Court upon
submittal of proof of
ownership. The AP will have
the choice of accepting the
check for BIR Zonal value for
the land and replacement
value for structures and
improvements, and market
value for crops and trees and
await the courts findings, or
once the EJS is completed, a
joint motion in the court for a
compromised judgement can
be filed and the acquisition
goes back to negotiated sale.
In such cases, the DOTr shall
pay to the APs the difference
between the initial payment
released by the court and the

35 This can be achieved through early issuance of the Notice of Taking to property owners.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
market value indicated in the
OTB.

6 Severity of Impact Loss of 10% or more of There is no specific reference to Gap with respect to Participation in the Livelihood
on productive productive or income sources severity of impact. Related threshold and requirement Restoration and Improvement
resources after (e.g. farmland, business/ shop) reference includes: for livelihood restoration Program for those whose
which is entitled to livelihood assistance for all cases productive resources are
rehabilitation restoration assistance For agricultural tenants and experiencing loss of permanently affected by 10%
assistance is sharecroppers: productive resources. or more.
required. Financial assistance equivalent to
the average gross harvest for the
last three (3) years and not less
than P15,000 per hectare (EO
1035).
For agricultural lessees:
Entitled to disturbance
compensation equivalent to five
times the average gross harvests
on his/her landholding during the
last five preceding calendar years
(R.A. 6389)

7 Severity of loss of If the residual portion is 20% No specific law prescribes No current Government If the residual portion is 20%
property after or less 36 or if the residual acquisition of remaining unviable policy on this issue. or less or if the residual
which the entire portion is no longer viable for portion of the acquired property. portion is no longer viable for
property will be use according to original 37 use according to original
acquired. purpose, the entire property

36 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 no longer economically viable, owner shall have the option to sell the residual land
37 The DPWH Land Acquisition Resettlement Rehabilitation and Indigenous Peoples Policy (LARRIPP) 3 rd Ed. Series 0f 2007 provides that if portion of the property to be

affected is more than 20% of the total land area or even less than 20% if the remaining portion is no longer economically viable or it will no longer function as intended. The
owner of this property (land or structures, etc.) shall be entitled to full compensation in accordance to RA 8974. The DPWH LARRIPP 2007 is dated, being based on RA
8974, which has been superseded by R.A. 10752.

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purpose, the entire property will be acquired taking also
will be acquired. the wishes of the AP into
consideration.

8 Income The borrower/client will Requirements for supplementary ADB/JICA guidelines are Income restoration and
restoration and include detailed measures for assistance or training to certain more specific regarding livelihood improvement
livelihood income restoration and categories of APs. However, the objectives of restoring measures need to be
improvement livelihood improvement of requirements do not have income earning capacity designed in consultation with
displaced persons in the specific objectives to restore and include those whose APs and be adequately
resettlement plan. Income income earning capacity and are income generation resourced to restore income
sources and livelihoods limited in scope and application. resources are severely earning capacity of all APs
affected by project activities affected. whose livelihoods are
will be restored to pre-project Nonetheless, IRR of RA10752 affected and improve income
levels, and the borrower/client states that government earning capacity of
will make every attempt to appropriations should be vulnerable APs.
improve the incomes of available to implement the cost
displaced persons so that of development and The effectiveness of the
they can benefit from the implementation of resettlement income restoration and
project. For vulnerable projects, and may include livelihood improvement
persons and households livelihood restoration and activities will be monitored
affected, the resettlement improvement activities. and reviewed.
plan will include measures to
provide extra assistance so
that they can improve their
incomes in comparison with
pre-project levels. The
resettlement plan will specify
the income and livelihoods
restoration strategy, the
institutional arrangements,
the monitoring and reporting
framework, the budget, and
the time-bound
implementation schedule.

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9 Transitional In the case of physically Section 10(c) of R.A. 10752 Although there are no Transitional support during
assistance and displaced persons, provide provides that the cost of specific laws and the period while APs are
compensation for transitional support and development and guidelines which mention resettling and re-establishing
lost income. development assistance, implementation of resettlement the transition period, their livelihoods will be
such as land development, projects covered by the Act, entitlements relating to provided aimed at stabilizing
credit facilities, training, or including planning, social this may be lumped under their living standards.
employment opportunities; preparation, and other activities “livelihood restoration and
and opportunities to derive under the resettlement action improvement and other The Entitlement Matrix
appropriate development plan shall be provided adequate activities under the outlines the specifics of the
benefits from the project. appropriation to cover the funds resettlement action plan” support provided for
needed for such. as provided by the latest transitional assistance
In cases where land ROW law and its IRR. entitlements covering
acquisition affects Section 15 of the IRR of RA compensation for lost income
commercial structures, 10752 further states that when In the Philippine laws, and assistance to re-
affected business owners are necessary the development cost there is no provision for establish livelihoods and
entitled to (i) the costs of re- described above may include compensation for loss of businesses.
establishing commercial land development and housing income for medium to
activities elsewhere; (ii) the construction, provision of basic large businesses.
net income lost during the services and community
transition period; and (iii) the facilities, livelihood restoration
costs of transferring and and improvement and other
reinstalling plant, machinery, activities under the resettlement
or other equipment. action plan in coordination with
concerned government
agencies.
Executive Order No. 1035
provides for (1) financial
assistance to displaced tenants,
cultural minorities and settlers
equivalent to the average annual
gross harvest for the last 3 years
and not less than P15,000 per
hectare.
(2) Section 7 of RA 6389
provides for disturbance

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compensation for agricultural
lessees equivalent to 5 times the
average gross harvest in the last
5 years.
For AHs whose structures are
severely affected and
business/income will be
affected, the DPWH LARRIP
(2003) provides for rehabilitation
assistance with an amount not
more than P15,000 (based on
the tax record for the business
activities)

10 Disclosure of the JICA Policy is to make the RAP The NEDA ICC does not require Accessibility of the RAP to The RAP shall be prepared
RAP accessible to the Public the RAP to be made available to stakeholders. and accessible to the public
through its website before public. through the JICA, ADB and
Loan Agreement DOTr websites.
Salient information from the
RAP will be disclosed to APs
prior to and following
finalization during stakeholder
consultation meetings.

11 Grievance Appropriate and accessible There are no specific laws that There are no specific laws An effective and accessible
redress grievance mechanisms must stipulate the grievance redress that stipulate the grievance grievance redress mechanism
mechanism be established for the affected mechanisms within land redress mechanisms for will be established for the
people and their communities. acquisition laws in the Philippines. land acquisition in the project to resolve disputes
Philippines.38 outside the judicial system.
Prior to start of right-of-way
acquisition 39 (ROWA), DOTr

38 In terms of guidelines, Section 3.4 Tracking and Monitoring Implementation of Grievance procedures of the DPWH LAPRAP Tracking Manual of 2003 was previously used

as reference.
39
Onset is marked by the sending of the Notice of Taking by DOTr.

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will establish a help desk at
each city to address the
concerns of APs pertaining to
RAP and ROWA. Each help
desk must be established
immediately before the
sending of the Notice of
Taking to APs by DOTr. A
database of APs’ concerns,
actions taken, referrals made,
and resolution status of said
concerns shall be developed
and maintained by DOTr.
Once the ROWA commences,
GRM is triggered and the help
desk, in coordination with the
RIMC and LIAC shall serve as
recipient and database
manager of grievances filed.

12 Census, Affected people are to be Requirement under RA 7279 and No specific requirement for A census and socioeconomic
inventory of identified and recorded as its IRR for LGUs to conduct cut-off date. survey is conducted for the
losses and early as possible in order to inventory of their ISFs. affected areas to prepare the
establishment of establish their eligibility RAP.
cut-off date for through an initial baseline The conduct of survey and
eligibility to survey (including population tagging are established practice For informal settlers, the cut-
entitlements. census, asset inventory, and by the Urban Poor Affairs Office. off date is set on the beginning
socioeconomic survey). date of the census and
Section 4 of the IRR for tagging.
The borrower/client will Registration of Socialized
establish a cut-off date for Housing Beneficiaries states that The cut-off date is publicly
eligibility. Information the city/municipal government disclosed during the 1st
regarding the cutoff date will be shall be primarily responsible for stakeholder consultation
documented and disseminated carrying out the registration of meeting in the project affected
throughout the project area. underprivileged and homeless areas.

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No. Issue ADB/JICA Laws of the Philippines Gap Gap Filling Measure
families within their respective Date of Notice of Taking will
jurisdictions. be the cut-off date for formal
property owners.

13 External For projects with significant Not required Requirement for external The IA will engage qualified
monitoring involuntary resettlement monitoring of projects with experts to conduct external
impacts, the borrower/client significant impacts. monitoring of implementation
will retain qualified and of the RAP.
experienced experts to
conduct external monitoring.

14 Voluntary land Voluntary donation will be an Voluntary land donations are Differences in Voluntary land donation is not
donation act of informed consent and permitted. implementation and an option for this project,
APs/IPs will not be forced to conditions for voluntary except for government to
donate land or other assets donations. government negotiated
with coercion or under duress. donation.
Voluntary donation will be an
act of informed consent and
APs will not be forced to
donate land or other assets
with coercion or under duress.
Any voluntary donation as
requested by the AP will follow
international best practices
and be confirmed through
written records and verified by
an independent third party.

138
5. CHAPTER 5: PROJECT RESETTLEMENT POLICY

313. The Government of the Philippines will adopt a Project Resettlement Policy (the Project
Policy) for SCRP as described in this Resettlement Action Plan that is consistent with national
laws and regulations and international standards on involuntary resettlement, and fill in policy
gaps identified in the previous chapter. This is to ensure that APs are able to rehabilitate
themselves to at least their pre-project condition, at the earliest possible time. The Project
Policy will follow the provisions and entitlements laid out in this RAP.

314. This section discusses the principles of said Project Policy and the entitlements of APs
based on the type and degree of their losses. The SCRP Project Policy is presented below:
(i) Land acquisition and involuntary resettlement will be avoided where feasible or
minimized, by identifying possible alternative project designs that have the least
adverse impact on the communities in the project area.
(ii) Where displacement of households is unavoidable, all eligible APs losing assets,
livelihood, or resources will be fully compensated and assisted so that they can
improve, or at least restore, their pre-project standards of living.
(iii) Where displacement of business enterprises is unavoidable, all APs losing
livelihoods will be fully assisted so that they can improve, or at least restore, their
former economic conditions.
(iv) Rehabilitation assistance will be provided to any APs, that is, any person or
household or business which on account of land acquisition for the project would
have their:
a) Standard of living adversely affected;
b) Right, title or interest in any structure, interest in, right to use, any land
(including premises, agricultural and grazing land, commercial properties,
tenancy, or right in annual or perennial crops and trees or any other fixed or
moveable assets, acquired or possessed, temporarily or permanently);
c) Income earning opportunities business, occupation, work or place of
residence or habitat adversely affected temporarily or permanently; and
d) Social and cultural activities and relationships affected or any other losses
that may be identified during the process of resettlement planning.
(v) All affected people shall be eligible for compensation and rehabilitation assistance,
irrespective of tenure status, social or economic standing and any such factors that
may discriminate against achievement of the objectives outlined above. Lack of
legal rights to the assets lost or adversely affected, nor tenure status and social or
economic status, will not bar the APs from entitlements to such compensation and
rehabilitation measures or resettlement objectives, unless proven disqualified
under Philippine law, JICA Guidelines (2010) and ADB SPS (2009).
(vi) All APs residing, working, doing business and/or cultivating land within the project
impacted areas as of the cut-off date shall be entitled to compensation for their lost
assets at replacement cost as well as restoration of incomes and businesses, and
will be provided with rehabilitation measures sufficient to assist them to improve or
at least maintain their pre-project living standards, income-earning capacity and
production levels.
(vii) APs partially affected by land acquisition will not be left with residual portions that
would not be viable for continued use for the original purpose. APs whose land is
partially acquired will have the option for the entire lot to be acquired if the residual
portion is not viable. For partially affected structures, if the remaining portion is not
technically viable for continued use, the entire structure will be compensated.
Assessment of technical viability is undertaken by civil engineers and duly checked
by licensed Independent Property Appraiser (IPA) as part of the replacement cost
survey. The technical assessment is done at two levels. One is through actual field

139
inspection and measurements. The other is through the preparation of Basic Plans
which confirms if major structures such as columns would be affected. APs are
informed by DOTr during RAP implementation/ROW acquisition (after issuance of
Notice of Taking/Offer to Buy and during discussion and execution of the
Agreement to Demolish and Remove Improvement).
(viii) People temporarily affected shall be considered APs. Contractors shall secure the
necessary Environmental Compliance Certificate (ECC) for temporary facilities
such as workers camps, construction yards, warehouses for materials, stockpiling
areas etc. from the appropriate DENR-EMB offices where they are located. Where
these facilities are located in public or private lands, the Contractor shall enter into
Lease Agreements and should there be a need for temporary displacement or
compensation for affected structures and improvements, the Contractor shall
comply with the provisions of R.A. 10752, the Environment Management Plan
(EMP) and this RAP.
(ix) Where a host community is affected by the development of a resettlement site in
that community, the host community shall be consulted on resettlement planning
and decision-making. All attempts shall be made to minimize the adverse impacts
of resettlement upon host communities.
(x) The plans for resettlement and relocations will be designed in accordance with the
Project Policy.
(xi) Any project related activities that triggers involuntary resettlement such as land
acquisition or land clearance or that displaces people using the land then such
impacts will be considered as impacts under the scope of this RAP. In such cases
the same entitlements as in this RAP will be applied to those affected. Application
of this requirement will be monitored under this RAP monitoring arrangements.
(xii) The RAP as approved by JICA and ADB will be disclosed by DOTr to the public
through the following means: posting of approved RAP on DOTr and ADB websites
and distribution to concerned LGUs. Implementation of the RAP will be guided by
the DPWH Right of Way Acquisition Manual (DRAM), however only where the
manual applies to the policies stated in this document. The DOTr’s Right of Way
and Site Acquisition Manual (ROWSAM) will not be used in this project.
(xiii) Payment for land and/or non-land assets will be based on the principle of full
replacement cost 40.
(xiv) Compensation for APs dependent on agricultural activities will be land-based
wherever possible. Land-based strategies may include provision of replacement
land, ensuring greater security of tenure, and upgrading livelihoods of people
without legal titles. If replacement land is not available, other strategies may be
built around opportunities for re-training, skills development, wage employment, or
self-employment, including access to credit. Cash compensation alone will be
avoided as an option if possible, as this may not address losses that are not easily
quantified, such as access to services and traditional rights, and may eventually
lead to those populations being worse off than without the project.
(xv) Transitional assistance will be provided, in addition to compensation to assist APs
to restore livelihood and standards of living. Such support could take the form of
short-term jobs, subsistence support, and transitional allowance.
(xvi) The resettlement plan must consider the needs of those most vulnerable to the
adverse impacts of resettlement (including the poor, those without legal title to land,
ethnic minorities, women, children, elderly, and disabled) and ensure they are
considered in resettlement planning and mitigation measures identified. Assistance
should be provided to help them improve their socio-economic status.

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

140
(xvii) APs will be involved in the process of developing and implementing resettlement
plans.
(xviii) APs and their communities will be consulted about the project, the rights and
options available to them, and proposed mitigation measures for adverse effects,
and to the extent possible be involved in the decisions making concerning their
resettlement.
(xix) Adequate budgetary support will be fully committed and made available to cover
the costs of land acquisition (including compensation, other entitlements and
income restoration measures) within the agreed implementation period. The funds
for all resettlement activities will come from the Philippine government.
(xx) Displacement must not take place before provision of compensation and other
assistance required for relocation. Sufficient social infrastructure and basic
services must be provided in the resettlement site prior to relocation. Livelihood
restoration measures must also be in place but not necessarily completed prior to
construction activities, as these may be on-going activities.
(xxi) Arrangements required for the implementation of the RAP will be in place prior to
the commencement of implementation of RAP; this will include the provision of
adequate human resources for supervision, consultation, and monitoring of land
acquisition and rehabilitation activities.
(xxii) Appropriate reporting (including auditing and redress functions) monitoring and
evaluation mechanism, shall be in place as part of the resettlement management
system. An external monitoring agent or group will be hired by the project and will
evaluate the resettlement process and final outcome. Such groups may include
qualified resettlement experts, NGOs, research institutions or universities.

315. The cut-off date of eligibility pertains to the date before which APs are considered as
eligible for compensation and other forms of assistance. The cut-off date was declared to the
informal settlers at the time of the census survey41. The cut-off date for formal settlers (i.e.,
property owners) will be declared from the issuance of the Notice of Taking by the DOTr in
accordance with law (Section 11 of R.A. 10752 and Section 16 of its Implementing Rules and
Regulations or IRR). Based on these statutes, any new structure or improvement to an existing
one on the land covered by the Right-of-Way Acquisition shall not be compensated after the
respective cut-off dates. Formal settlers have been included in all consultations with the
informal settlers from the beginning to ensure they are aware of project.

316. The indicative dates for the conduct of the census survey were announced to APs
through the conduct of the first stakeholder consultation meeting. For each city, dates were
assigned to discourage the influx of ineligible non-residents who might wish to take advantage
of Project entitlements. The cut-off dates for the Project range 24 March 2018 to 24 July 2018
and are set out in Appendix 8.

317. All eligible land and non-land assets owned by households/businesses will be
compensated based on the principle of replacement cost. Replacement cost is the amount
calculated before displacement which is needed to replace the affected asset without
depreciation and without deduction for taxes and/or costs of transaction. The result of the
Replacement Cost Survey is detailed in the separate Appendix 9.

41 Informal settling is an unlawful act after 1992 in accordance with Section 30 of R.A. 7279.

141
318. The determination of the compensation will be based on the principle of replacement
cost at the time of compensation. Replacement cost studies will be conducted by an
independent property appraiser (IPA) accredited by the Bangko Sentral ng Pilipinas (BSP) or
a professional association of appraisers recognized by BSP and reviewed by a government
financial institution (GFI) with adequate experience in property appraisal to be selected by the
IA through a competitive process.

319. The IA will use the replacement cost studies of the GFI or IPA as basis of the IA's price
offer during negotiated sale. The basis of the replacement cost study is to be consistent with
the following standard of assessment:

(i) 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 concerned as well as the price of the land as manifested in ocular findings, oral
as well as documentary evidence presented taking the following into consideration:
• Location of the property with reference to quality of neighborhood and
surrounding improvements, access to community centers, shopping and
transportation, and presence of detrimental influences to value;
• Size, the lot area in relation to the highest and best use, present use and
utilization of the property;
• Physical characteristics such as shape, topography, utilities, easements, road
frontage, etc.; and
• The current selling price of similar lands in the vicinity based on, among other
things, the latest records on Deeds of Sale for similar lands in the office of the
Register of Deeds concerned as well as review of existing listing of properties
and comparison against actual sales prices of properties with similar
characteristics;
(ii) The development cost for improving the land based on, among other things, the
records and estimates of the City or Municipal Assessor concerned, GFI or IPA for
similar or comparable lands;
(iii) Replacement cost value for structures and improvements on the land;
(iv) 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 those
required from them by the government, and thereby rehabilitate themselves as
early as possible

320. The valuation methodology the project uses for land is the Market Data Comparison
Approach to estimate the value of the land. In this approach, the sales of similar properties in
the vicinity are reviewed and compared to the subject.

321. The valuation methodology the project uses for structures is the Cost Approach. In the
International Valuation Standards 2017 (IVS 2017), “the cost approach provides an indication
of value using the economic principle that a buyer will pay no more for an asset than the cost
to obtain an asset of equal utility (…).” The international standard requires that all cost that will
be incurred should be considered. The project will include the following cost in the valuation
of structures:
• Direct Cost – refers to cost of materials and labor;
• Indirect Cost - refers to professional fees (i.e. design, permit, architectural,
legal, etc), overheads, taxes, finance costs, profit margin or entrepreneurial
profit to the creator of the asset;

322. In determining the replacement cost of structures, depreciation will not be factored.

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323. For partially affected main structures, where the remaining portion is viable for
continued use after repairs, the replacement cost shall include the costs of repair.

324. The replacement cost study is part of the Terms of Reference (TOR) of the IPA and it
includes the project entitlement matrix as basis for valuation. The work requirements of the
IPA to prepare a Replacement Cost Study (RCS) will include the following elements:
• Scope of the RCS: verify and determine the current market values for lands,
structures, improvements, and other physical properties or non-land-based
incomes. For other crops and trees, value assessment shall be determined
using Department of Environment and Natural Resources (DENR) applicable
guidelines. Such market values shall serve as basis for calculating
compensation and entitlements for APs, families, structures and properties to
ensure that APs are compensated at replacement cost at the time of
compensation;
• Methodology: The RCS shall be carried out by based on information collected
from both desk research, interviews in the field including with affected people,
realtors, developers, banks, building contractors, real estate agents and
government agencies to get a good estimate of the current market values of
land properties and other improvements.

325. The independent appraiser consults on the above principles with the affected people
to guide the appraisal. The principles of replacement cost and market value will be explained
to the affected people during feasibility and detailed engineering design stage.

326. In all cases, the increase or decrease in the value of the affected property brought
about by the government project itself shall not be considered in the determination of the
purchase price.

327. Annual crops equivalent to current market value at the time of compensation. The GFI
or IPA will also assess the current market value of annual and perennial crops and trees
located within affected properties

328. Eligibility defines the APs who are covered by compensation and other
entitlements/resettlement assistance. The project-related land acquisition will result in the
physical displacement of people as well as their economic displacement, whether these are
based on legitimate or informal occupation of lands, including those who have no land title or
tax declaration or other acceptable proof of ownership, and informal sector families.

329. 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 restricted land
use due to the project experience physical displacement (relocation, loss of residential land,
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 restrictions are full or
partial, permanent or temporary.42 Eligibility is based on this Project Resettlement Policy43.

330. As provided in the chapter on the legal framework, RA 10752 cites two (2) main modes
of Right-of-Way acquisition, namely: (1) negotiated sale and (2) expropriation. In the
entitlement matrix (EM) presented in Chapter 6, negotiated sale shall be the first option and

42
ADB, 2009. Safeguards Policy Statement. Manila.
43
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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expropriation the last resort (i.e. in case negotiated sale fails, or in other cases stated in
Section 6(b) of the same Act). Eligible APs may fall under the following categories:

Landowners and land users

331. Landowners (residential, mixed use, 44 agricultural, commercial, industrial and


institutional).
(i) Those who have full title (such as Original Certificate of Title (OCT) or Transfer
Certificate of Title (TCT);
(ii) Those who are not original patent holders of lands granted under Commonwealth
Act (CA) 141 and whose ownership of the land is not acquired through a gratuitous
title (e.g. donation, succession);
(iii) Those who are original patent holders of lands granted through CA 141 and the
land has not been subjected to previous government exercise of its lien;
(iv) Those who were former ISFs but now hold a title of land through government
socialized housing programs;
(v) Those who can present the following:
• Tax Declaration showing his and his predecessors’ open and continuous
possession of the property for at least 30 years;
• A certification from the DENR that the land is alienable and disposable, or
• Other documents that may show proof of ownership.
(vi) Those who are holders of Emancipation patent (EP) or Certificate of Land
Ownership Award (CLOA) granted under the respective comprehensive agrarian
reform statutes; and
(vii) Government agencies and local government units who are owners of affected
public land.

332. Those who were former ISFs and Community Mortgaged Program (CMP) beneficiaries
whose titles are still under the name of the organization.
(i) Those who own land as described above and also own structures, non-land assets
and/or improvements in said land;
(ii) Those who own the structures, non-land assets and improvements but do not own
the land where the structure is located and are not low income households or
homeless. (e.g. they are not poor or vulnerable or they own real property
elsewhere);
(iii) Those who own structures, non-land assets and improvements but do not own the
land where the structure is located in, and are low-income households and
homeless;
(iv) Those who own structures, non-land assets and improvements but do not own the
land where the structure is located in, and who have previously availed of
government socialized housing program (returnees); and
(v) Those who own structures, non-land assets and improvements who were former
ISFs but now hold title of land through government socialized housing programs;
(vi) Those who own structures, non-land assets and improvements who were former
ISFs and CMP/NHA beneficiaries whose titles are still under the name of the
organization;
(vii) Government agencies and local government units who are owners of affected
public structures, non-land assets and improvements on public or private land.

Renters/lessees of land and/or structures

44
Mixed use: in the case of NSRP, this pertains to structures mainly used for residential but some part used for
commercial, industrial and institutional.

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(i) Residential/commercial/institutional/mixed use renters who are not low-income
Renters of land and/or structures must possess lease/rental agreement to be classified as
such.
(ii) Agricultural lessees
Renters of agricultural land who may not possess lease/rental agreement may present a sworn
affidavit by a third person who may have witnessed the verbal agreement between the land
owner and the lessee.

Informal Settler Families (ISFs)

(i) Informal Settlers are individuals or groups/households who have no recognizable title
or other acceptable proof of ownership of public or private lands that they are
occupying. Occupation of lots may either be with or without permission of the lot owner.
(ii) ISFs who are homeless and underprivileged as defined in Urban Development and
Housing Act of 1992 (R.A. 7279) are eligible to become beneficiaries of government
socialized housing programs if they satisfy the rest of the criteria set in the same Act
(Please refer to Section 4.2.3). Renters and sharers within informal settlement
structures are also eligible to avail of said housing programs if they satisfy such criteria.
(iii) Under this project, the IA encourages eligible ISF APs to opt for socialized housing
over self-relocation to enable them to have a sustainable long-term housing solution
that is legal and affordable. DOTr together with the KSAs will make best effort for an
in-city socialized housing scheme.
(iv) To be able to avail of relocation entitlement under this project, eligible ISFs must be
the actual occupants of structures and in the master list of APs who were present in
the area as of the cut-off date (i.e., first day of conduct of census surveys).

Business Enterprises

333. Business enterprises are commercial establishments that are operating as of the time
of survey. These are classified in terms of scale of operations (i.e., asset size and number of
employees) into micro, small, medium, and large.
(i) Microbusinesses - Micro businesses pertain to small shops who sell their goods in
small spaces, such as sari-sari stores, food stalls, repair shops (car repair,
appliance repair, cellphone repair, etc.), dress shops, tailor shops, beauty parlors,
vulcanizing shops, and the likes. These are typically operated within their dwelling
place, or ancillary to their dwelling place. These include shops that may or may not
have permits to operate from concerned LGUs.
(ii) Vendors with no stalls/ Ambulant Vendors/ Itinerant Vendors
(iii) Those who own small, medium and large business establishments (including
apartments/units/houses for rent except those operated by squatting syndicates),
including those who own the land and those who are leasing space from property
owners. It pertains to any business activity or enterprise engaged in commercial,
industry, agribusiness and/or services, whether single proprietorship, cooperative,
partnership or corporation whose total assets, inclusive of those arising from loans
but exclusive of the land on which the particular business entity’s office, plant and
equipment are situated. Table 87 shows the classification of affected business
enterprises.

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Table 87: Categories of Business Activity45
Enterprise Asset Size Number of Employees
Micro Up to Php 3,000,000 1-9 employees
Small Php 3,000,001 – Php 15,000,000 10-99 employees
Medium Php 15,000,001 – Php 100,000,000 100-199 employees
Large Above Php 100,000,000 Over 200 employees

Employees of Commercial and Industrial Establishments

334. Workers are regular, contracted or casual employees of affected commercial (including
small shops, micro, small and medium to large business, vendors and commercial stall
tenants) or industrial establishments, whose incomes will be affected, or may even lose jobs
once said establishments are displaced.

335. APs who are displaced from their homes and are required to permanently relocate to
a place that makes their former wage-based employment inaccessible and as a result need to
find new employment or source of livelihood. APs who permanently relocate to a place that
makes it more expensive to commute to their place of work and they retain their employment.

Agricultural tenants, sharecroppers, landowners and lessees

336. Those who are engaged in farming and are considered to be agricultural tenants,
sharecroppers, landowners or lessees.

Vulnerable Groups

337. Vulnerable groups in this RAP consist of the poor, households headed by the elderly,
or solo parent households, and households with a person with a disability. For the purpose of
RAP implementation, these categories of vulnerable households are further defined as
follows:
(i) Poor - The Philippine Statistics Authority (PSA, 2015) defines the poor according
to the poverty threshold, or the total family income needed to meet the family’s
basic food and non-food needs. As of 2015, the annual per capita poverty threshold
is set at PhP 25,007 for NCR, and PhP 21,770 for Laguna Province. Based on this
definition, households with five family members whose annual combined
household income is lower than PhP 125,035 for NCR and PhP 108,850 for
Laguna Province are considered poor.
(ii) Households headed by an Elderly - Under the expanded Senior Citizens Act of
2010 (Republic Act No. 9994), any resident of the Philippines who is at least 60
years old is considered as elderly or senior citizens.
(iii) Households headed by a solo parent: A solo parent is someone who falls under
any of the following categories, as indicated in R.A.8972:
• A woman who gives birth as a result of rape and other crimes against chastity
even without a final conviction of the offender: Provided, that the mother keeps
and raises the child;
• Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
• Parent left solo or alone with the responsibility of parenthood while the spouse
is detained or is serving sentence for a criminal conviction for at least one year;

45 Department of Trade and industry *http://server2.dti.gov.ph/dti/index.Php?p=532. As defined under Small and


Medium Enterprise Development (SMED) Council Resolution No. 01 Series of 2003 dated 16 January 2003.

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• Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical practitioner;
• Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto separation from spouse for at least one year, as long as
he/she is entrusted with the custody of the children;
• Parent left solo or alone with the responsibility of parenthood due to declaration
of nullity or annulment of marriage as decreed by a court or by a church as long
as he/she is entrusted with the custody of the children;
• Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one year;
• Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a
welfare institution;
• Any other person who solely provides parental care and support to a child or
children;
• Any family member who assumes the responsibility of head of family as a result
of the death, abandonment, disappearance or prolonged absence of the
parents or solo parent.
(iv) Households who have a member/s who are persons with disabilities (PWDs) -
Disabled persons, according to the Magna Carta for Disabled Persons (Republic
Act 7277), pertains to APs who suffers from restriction of different abilities, as a
result of a mental, physical or sensory impairment, to perform an activity in the
manner or within the range considered normal for a human being.

338. There are households with persons who, while not classified as vulnerable, may need
special assistance during relocation, such pregnant women, those with infant children and
elderly. These are discussed separately in Chapter 7, Section E.

339. Severity of Project Impacts. Compensation and assistance provided to APs will take
into consideration the severity of impact caused.

340. If the residual portion of affected land is 20% or less or if the residual portion is no
longer viable for use according to the original purpose, the entire property will be acquired
taking also the wishes of the AP into consideration. For structures, impact is considered severe
if the structural integrity and functionality of the main structure is affected by the acquisition.
Impact is marginal if the affected portions are not integral parts of the main structure, and the
remaining portions are still functional.

341. If the AP’s productive resources (e.g. farming land, business) are permanently affected
by 10% or more, the AP will be provided with supplementary support for livelihood and income
restoration in addition to compensation for lost assets and income, and transitional assistance.

342. Compensation at replacement cost will be provided to all persons/households losing


land and/or other assets due to land acquisition for the project. As appropriate, compensation
will be accompanied with assistances, as outlined in the entitlement matrix.

343. The process of compulsory acquisition as prescribed by Philippine law can involve
various modes, including: (i) negotiated sale, (ii) expropriation, (iii) donation, (iv) acquisition of
properties under Commonwealth Act (C.A.) No. 141, (v) exchange or barter, (vi) easement of
right-of-way, (vii) acquisition of subsurface right-of-way and (viii) other modes authorized by
law. There is a difference in implementation of the entitlements and payment arrangements
between modes. There are also differences whether the acquisition is partial or in full.

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344. Negotiated Sale. Negotiated sale will be the first step for DOTr to compulsorily
acquire property for the project. Under ‘negotiated sale’, DOTr will make an offer for the loss
of land, crops and trees (if any) based on current market value, and full replacement cost for
structures and improvements, free from taxes, including capital gains tax, documentary stamp
tax, transfer tax and registration fees, except Real Property Tax (RPT) arrears (calculated
according to the requirements in Section 5.3.1 of the RAP). Property owner/s are given 30
days from receipt of the written offer to decide whether or not to accept it. Upon refusal or
failure to accept the offer, and/or refusal to submit the documents necessary for payments,
the implementing agency shall initiate expropriation proceedings.

345. Under this project, the IA will exert best efforts to ensure the success of negotiated
sale to avoid expropriation. As such, the project will offer compensation at replacement cost
for land, structures/improvements, and crops and trees.

346. The appropriate price offer for structures, improvements and other affected assets is
based on the price to replace the existing structure or asset with a similar asset at current
market prices including estimated direct costs (such as current market cost for materials and
labor, and equipment expenses), and estimated indirect costs (such as overhead expenses,
contingencies and miscellaneous, contractor’s profit margin and Value Added Tax (VAT)
component). If the affected structure has been damaged, then the replacement cost will be
based on the pre-damaged condition of that structure. The replacement structure has to
perform the same functions and meet the performance specifications as the original structure.

347. Expropriation. If the property owner/s declines the offer under negotiated sale or does
not accept it, or accepts it but fails to submit the necessary documents in the 30-day time
period, DOTr has the option to change the mode of acquisition to expropriation. DOTr can file
a verified complaint before the proper court and immediately deposit to the court in favor of
the owner (i) the value of the land based on the zonal valuation of the BIR, (ii) the replacement
cost at current market value for structures, improvements and assets, and (iii) current market
value of crops and trees. Upon compliance, the court will immediately issue an order to DOTr
to take possession of the property. The court will release the said amount to the owner upon
presentation of sufficient proof of ownership. Should the decision become final and executory,
the court shall order DOTr to pay the differences, if any, between initial compensation and just
compensation as determined by the Commissioners assigned by said court. DOTr shall also
pay the necessary documentary stamp tax and registration fees.

348. Early issuance of the Notice of Taking will be undertaken by DOTr to help APs to have
enough time to complete/progress Extra Judicial Settlement (EJS) processes on deceased
estates or conflicting land claims, prior to issuance of the Letter Offer to Buy, which at a
minimum allows 30 days for APs to accept offer, after which expropriation proceedings can
commence.

349. Where APs are willing to accept the negotiated sale offer but it will take more than 30
days to submit required documents (for example in the case of a deceased estate, conflicting
land claims), DOTr will provide the following additional support:
(i) Prior to the Issuance of the Offer to Buy (OTB) and commencement of the 30-day
period, DOTr will set up a Help Desk at each project city to provide information to
APs concerning the documents required for eligibility for negotiated sale (and to
avoid going through expropriation proceedings due to failure to submit require
documents within the minimum 30-day period after issuance of the Offer to Buy);
(ii) Through the Help Desk, provide assistance to APs whose lands will be subjected
to EJS; and
(iii) If EJS cases could not be finished prior to issuance of OTB, expropriation case will
be filed while the EJS is still being processed. Once the EJS is completed, the joint
motion in the court for a compromised judgement can be filed and the acquisition

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can go back to negotiated sale. If APs are unable to complete the EJS before the
expropriation proceedings are heard by the court, DOTr will pay the just
compensation as determined by the court as well as any required taxes including
CGT, except for any unpaid RPT.

350. Donation. Given the characteristics of the project, land acquisition by donation is not
considered an option, with the exception of government to government donation
arrangements. In the unlikely situation that the mode of acquisition preferred by the property
owner/s is by donation and all other modes of acquisition have been explored, DOTr will
provide all necessary precautions to ensure that the preference has not been made under
duress, that the donation of land is an act of informed consent and that the land owner/s have
not been forced or coerced. Any voluntary donation will follow international best practices and
be confirmed through written records and verified by an independent third party.

351. Acquisition of Properties under Commonwealth Act (C.A.) No. 141. APs who are
original patent holders of lands granted under C.A. 141 and whose land has not been
subjected to previous government exercise of its lien shall not receive compensation for land
specified within the Government lien (i.e. 20m or 60m strip of land) but shall be provided with:
(i) Cash compensation for structure, improvements, crops and trees, computed at full
replacement cost, and (ii) Financial assistance, particularly to displaced tenants/occupants of
agricultural lands, cultural minorities and settlers who are duly accredited by the Ministry of
Agrarian Reform/Bureau of Forest Development/Office of Muslim Affairs and Cultural
Communities in accordance to Section 18 of E.O. No. 1035, s. 1985. For example, if the
affected land was granted through C.A. 141 prior to 1975 and the land to be acquired for the
project right of way is a strip of land up to 20m then the AP will not be entitled to compensation
for the land. If, however, the land to be acquired from the same land was wider than 20m (i.e.
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 C.A. 141 from
1975, then the any land acquired up to a width of 60m will not be compensated and the same
principle would apply as to the 20m example.

352. If the original patent granted under C.A. 141 has been subject to Government exercise
or lien, it cannot be subject to lien a subsequent time.

353. Exchange, Barter and Land for Land. If feasible, land for land can be provided,
principally for agricultural land in terms of a new parcel of land of equivalent productivity and
equivalent market value or price. The exchange shall be done on a “value-for-value” basis.
DOTr will be subject to applicable capital gains taxes (CGT) and documentary stamp tax
(DST). The land for land option 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 lengthy amount
of time between acquisitions of land and providing the new parcel of land to the AP.

354. Easement of Right of Way. If the portion of a lot needed for the ROW is minimal, such
that the expenses for surveying or segregating that portion from the main lot would be very
much more than the value of the part of the lot needed, the implementing agency may, if the
property owner agrees, resort to the mode of Easement of ROW. Under this mode, an
agreement shall be executed by the property owner and the implementing agency whereby
the property owner will grant the right to use the affected portion, but the owner retains
ownerships of that portion. The implementing agency will pay the owner for that portion of the
lot based on existing zonal valuation declared by the BIR. In addition, the IA shall compensate
the property owner the replacement cost of any improvements and structures on the land
affected by the ROW. This will be properly communicated to the owner prior to the owner
giving their agreement, including any information regarding restrictions on use, replacement
values and the mechanism for securing the easement, which will also be described in the
updated RAP. Template or relevant sample easement agreement(s) will be attached to the

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updated RAP. Implementation of easement agreements and details of information disclosure
of easement conditions and options available to APs will be monitored by the EMA.

355. Acquisition of Subsurface Right of Way. If the project involves underground works
within a depth of 50 m from the surface, the implementing agency can negotiate with the
property owner a perpetual easement of ROW for the subterranean portions of the property
and offer to acquire from the property owner the affected portion of the land, including affected
structures, improvements, crops and trees. The subsurface easement price shall be 20% of
the market price of the land (Section 11, IRR for R.A. 10752). This will be properly
communicated to the owner prior to the owner giving their agreement, including any
information regarding restrictions on use, replacement values and the mechanism for securing
the easement for the subsurface right of way, which will also be described in the updated RAP.
Template or relevant sample easement agreement(s) will be attached to the updated RAP.
Implementation of easement agreements and details of information disclosure of easement
conditions and options available to APs will be monitored by the EMA.

356. Families/APs Residing in Affected Structures. All relocating APs will be eligible for
self-relocation assistance or assisted resettlement. The Entitlement Matrix (EM) outlines the
specifics of the support provided for the self-relocation assistance and resettlement assistance
options.

357. “Squatting syndicates” as defined in section 3 of R.A. 7279 and who are certified by
DHSUD as such will not be eligible for resettlement assistance. Members of squatting
syndicates who do not actually occupy project-affected structures and are residing elsewhere
will not be physically displaced and as such will not be eligible for relocation assistance and
transitional support. Individuals or groups who simply rent land and housing from professional
squatters or squatting syndicates are eligible to government socialized housing program (if
they meet the other criteria).

358. Informal Settlers. APs who own the structures but do not own the land are entitled to
cash compensation for the entire or affected portion of the structure or improvement without
depreciation. If homeless and underprivileged, or those with a low income46, APs will have the
option to avail of resettlement assistance within a socialized housing program with the
opportunity for secure tenure. Informal settlers who own structures will have the option to keep
salvaged materials from demolished structures without deduction from compensation. Renters
and sharers within the informal settlement structures are also eligible to avail of socialized
housing programs if they satisfy such criteria. To be able to avail of relocation entitlement
under this Project, eligible ISFs must be the actual occupants of structures and in the master
list of APs who were present in the area as of the cut-off date (i.e., first day of conduct of
census survey), as well as meet other criteria of having low household monthly incomes below
PhP 40,000 and not having previously availed of Government socialized housing program.47
(Eligibility criteria of ISFs to participate in the socialized housing program are described in the
Entitlement Matrix in Chapter 6.)

359. For APs who occupy temporary dwellings at the conduct of the census survey and
structure tagging are entitled to avail of resettlement assistance to socialized housing provided
that they present a Certification from their respective Barangay Captains and Head of LGU’s

46 Low income group is defined as those whose monthly household incomes fall below PhP40,000. This amount is
the lower limit of the ‘Income Class’ as described in the Philippines Statistics Authority Distribution of Families
by Income Class based on the Family Income and Expenditures Survey (FIES). This is adopted for the project
in place of the poverty threshold which is the criteria specified in R.A. 7279, thereby significantly broadening the
eligibility of the project ISF-PAPs for socialized housing.
47 Does not include 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).

150
Urban Poor Affairs Office stating that they are bona fide residents and have occupied the
project affected-area prior to the applicable cut-off date.

360. APs that do not meet the socialized housing program eligibility criteria may have the
option to avail of affordable public rental housing accommodation will be provided by DOTr
through partnership with KSA and/or LGUs, if available. In such cases, if completion of the
socialized housing or public rental housing options will not be ready in time, a rental subsidy
will be provided by DOTr.

361. Temporary Impacts to Property. Property owners who will incur temporary impacts
during construction (for use as access road, for soil dumping, borrow sites, contractor’s camps,
etc.) and who have legal rights to the land shall be entitled to the following from the
construction Contractor: (i) Lease amount equivalent to prevailing rental rates in the location
of the property, (ii) Compensation for affected non-land assets based on replacement cost,
and (iii) Restoration of land to pre-construction state.

362. Partial Acquisition. For instances where there will be partial impacts to land,
structures and assets, owners will be entitled to cash compensation for the portion of land,
structure or asset/improvement at full replacement cost. DOTr will pay 100% of the
compensation upon annotation of the title indicating the portion of the government lien prior to
construction. If the portion of the lot to be acquired is minimal, such that expenses for surveying
or segregating that portion from the main lot would be more than the value of the part of the
lot needed, DOTr may, if the property owner agrees, resort to the mode of easement of ROW
provided under Title VII, Chapters 1 and 2 Civil Code of the Philippines. If the remaining portion
of the 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 from the AP.
DOTr is to pay 100% of compensation prior to relocation/construction can begin.

363. Rehabilitation Assistance. APs whose livelihood becomes unviable due to the
project and will have to engage in a new income activity are eligible for transitional support
and to participate in the Livelihood Restoration and Improvement Program (LRIP). Business
enterprises will be entitled to compensation for income losses during the transition period.
Vendors with no stalls and those who are ambulant/hawkers will be provided assistance to
identify and transport to an alternative site. Commuting allowance will be available for APs
who permanently relocate to a resettlement site located out of their existing city. APs who are
agricultural tenants and sharecroppers will be entitled to financial assistance and other
transitional support. APs who are landowners or lessees who are directly engaged in farming
will be entitled to a disturbance compensation and other transitional support.

364. All APs belonging to low-income households, of legal age and who will be physically
displaced are also entitled to participate in the LRIP. Assistance will be provided in the form
of training allowances, employment searching assistance, and all other livelihood
improvement assistance applicable to them.

365. Trees, Crops and Aquaculture. Cash compensation at market value will be provided.
Determination of replacement cost of trees will take into account age and productivity of the
tree. Compensation rates will be determined by the replacement cost study and informed by
values prescribed by the Department of Agriculture (Fruit trees) or Department of Environment
and Natural Resources (for timber trees).

366. Salvage Materials and Demolition. 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. Procedures
and requirements regarding self-demolition will be set out in the DED RAP.

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367. Special Assistance for Vulnerable Groups. APs who belong to any of the following
vulnerable groups: (i) households that are below the poverty threshold; (ii) households headed
by the elderly; (iii) households with Persons with Disabilities (PWDs); and (iv) households
headed by a solo parent are expected to face greater challenges in re-establishing their living
standards. Vulnerable groups shall be provided with additional transitional support and
rehabilitation assistance. For families with persons needing special assistance and/or medical
care, respective LGUs will provide nurses or social workers to help them before and during
the resettlement activities. This includes households with pregnant women, elderly, members
who are ill, young children, people with physical and mental disabilities.

368. Unanticipated impacts. Entitlements for eligible affected persons due to


unanticipated involuntary resettlement impacts will be prepared in accordance with the ADB
SPS (2009), JICA Guidelines (2010) and applicable national laws and regulations, including
those outlined in this RAP.

369. Loss of Public Access. For APs who will lose public access to their properties due to
the Project, DOTr will provide entitlements for affected persons in accordance with this RAP.

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6. CHAPTER 6: COMPENSATION AND ENTITLEMENT
7.

370. The provision of compensation and assistance is designed to enhance or at least


restore the quality of life of all displaced persons in real terms relative to pre-project levels
and, where possible, to improve the standards of living of the displaced poor and other
vulnerable groups.

371. The project entitlements have been developed and is presented in the entitlement
matrix (EM). As appropriate, compensation will be accompanied with assistances, as outlined
in the EM.

372. The DOTr, in cooperation with SHFC (for assisted resettlement), will work closely with
the respective local government units (LGU) in relocating the informal settlers. For the “self-
relocation option” DOTr will work with the Home Development Mutual Fund (HDMF) also
known as Pag-IBIG to fast-track eligible APs into available housing programs.

373. The project entitlements developed and presented in the EM below correspond to the
impacts that follow JICA Guidelines (2010) and ADB SPS (2009) requirements as well as the
country’s laws and regulations, as described in the previous sections. It should be noted that
these entitlements may be enhanced or otherwise modified, as necessary, following the
conduct of DMS and consultation with APs to ensure that adverse impacts are mitigated, if not
improved.

374. The issue of compensation at replacement cost, as discussed in the previous section,
is specifically important in the context of compensation provided under the national laws and
regulations. ADB and JICA requires that compensation be paid at replacement cost, or the
value of replacing the acquired property with another of the same or similar qualities.

375. APs’ eligibility for compensation and entitlements are in accordance with the policy and
legal framework for land acquisition and project resettlement policy as defined in Chapters 4
and 5, respectively. Identification of APs’ eligibility is carried out in accordance with the census
surveys and structure tagging.

376. For areas requiring land acquisition, negotiated sale will be the preferred mode of
acquisition.

377. The entitlement matrix outlines the entitlements for loss of land, structures and assets
assuming the mode of acquisition is negotiated sale. The EM also provides on expropriation
cases.

378. Negotiated Sale. APs will be entitled to cash compensation for the loss of land, crops
and trees (if any) based on current market value, and full replacement cost for structures and
improvements, and will not have to pay related taxes, including capital gains tax, documentary
stamp tax, transfer tax and registration fees. APs will be required to pay for real property tax48
(RPT) arrears (and estate tax in cases of Extra-Judicial Settlement (EJS)).

48
Real property taxes, as mandated by law are taxes on real properties, paid on an annual basis to respective
local government units. APs who need to settle RPT arrears of significant amounts equivalent to 10% or more of
the replacement value of their affected property will be eligible to be included in the Livelihood Restoration and
Improvement Program.

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379. Under negotiated sale, the following eligibility criteria will be observed:
i. APs who meet the following criteria will be entitled to cash compensation for the
loss of land, crops and trees (if any) based on current market value, and full
replacement cost for structures and improvements, free from taxes, including
capital gains tax, documentary stamp tax, transfer tax and registration fees, except
real property tax (RPT)49 arrears and estate tax in case of EJS;
ii. APs who have full title, such as Original Certificate of Title (OCT) or Transfer
Certificate of Title (TCT) or Emancipation Patents (EP) or Certificate of Land
Ownership Award (CLOA);
iii. APs who are not original patent holders of lands granted under CA 141 and where
any previous acquisition is not through a gratuitous title (e.g., donation,
succession);
iv. APs who can present (i) a Tax Declaration showing his/ her and his/her
predecessors’ open and continuous possession of the property for at least 30
years, (ii) a certification from the DENR that the land is alienable and disposable,
or (iii) other documents that may show proof of ownership;
v. APs who are holders of (i) Emancipation Patent (EP) granted under Presidential
Decree No. 27 or (ii) CLOA granted under the Comprehensive Agrarian Reform
Act (R.A. 6657);
vi. APs who were former ISFs but who now hold a title of land as beneficiaries of
government socialized housing programs 50 . In addition, they will be eligible to
become beneficiary of other CMP programs in accordance with the Social Housing
Finance Corporation (SHFC) Board Resolution No. 528 and Corporate Circular 16-
047 Series of 201651.
a. APs who are original patent holders of lands granted under CA 141 and whose
land has not been subjected to previous government exercise52 of its lien will not
receive compensation for land but will be provided with:
b. APs who own the structures but do not own the land are entitled to the following:
i. Cash compensation 53 for the entire or, affected portion of the structure or
improvement without depreciation, upon presentation of proof of ownership
(e.g., certification from the concerned barangay in accordance with the IRR for
R.A. 10752);
ii. If low income and homeless, option to avail of tenured land, or socialized
housing package either through the LGUs or CMP through the NHA; and
iii. Have the option to keep salvaged materials from demolished structures without
deduction from compensation due him.
c. APs who will incur temporary impacts during construction (for use as access road,
for soil dumping, borrow sites and contractor’s camps, etc.) and who have legal
rights to the land will be entitled to the following from the construction Contractor:
i. Lease amount equivalent to prevailing rental rates in the location of the property
ii. Compensation for affected non-land assets based on replacement cost and
iii. Restoration of land to pre-construction state

49 A case wherein the rightful heirs refuse to amicably settle the land partition outside the judicial process.

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380. Under this project, the IA will exert best efforts to ensure the success of negotiated
sale to avoid expropriation. As such, the project will offer compensation at replacement cost
for land, structures/improvements, and crops and trees.

381. Expropriation. In the event that the AP refuses or fails to accept the compensation in
the negotiated sale, or fails or refuses to submit the documents necessary for payment, DOTr
will initiate expropriation proceedings.

382. For expropriation cases, a check will be deposited to the court upon the filing by the
DOTr through the Office of the Solicitor General (OSG). For land, the amount of compensation
will be computed based on the latest BIR Zonal value. For structures and improvements, basis
of computation will be in terms of full replacement cost as defined in R.A. 10752 and its IRR.
Crops and trees will be compensated based on its current market value.

383. The Court will immediately issue an order to take possession of the property and 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 APs may, at any time request the court to release
such deposit upon presentation of proof of ownership (Section 6(a) R.A. 10752).

384. After the case has been heard by the court, the court will order DOTr to pay the
difference, if any, between the initial compensation and the just compensation as determined
by the Commissioners assigned by said court. DOTr will pay the necessary documentary
stamp tax and registration fees. The AP will be required to pay the Capital Gains Tax (CGT).
If compensation is less than replacement cost, the DOTr will apply a mitigation measure to
reach replacement cost.

385. Based on Rule 16 Section 1(h) of the 1997 Rules of Court on Civil Procedures, the
plaintiff (DOTr) can withdraw the case any time before the filing of the answer by the defendant
(APs). If the answer has been filed there has to be a joint filing by DOTr and the owner to
withdraw the case (Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures).

386. In both cases, the acquisition mode would revert back to Negotiated Sale, which will
entitle the owner to payment at current market value for land (as indicated in DOTr’s letter
offer), free of taxes, including CGT, and registration fees, replacement cost for structures and
improvements, and market value for crops and trees.

387. If no 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.

388. Where the AP agreed to the negotiated sale, but was unable to gain the necessary
documents to show proof of ownership, DOTr may manifest before the court, upon filing of the
expropriation case that the offer amount is not in dispute. After making the deposit in court,
DOTr shall then pursue the case in good faith 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 be
established 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 to complete/progress EJS
process prior to issuance of the Letter Offer to Buy, which only gives them 30 days to accept
offer, after which expropriation proceedings can commence. If APs are unable to complete the
EJS before the expropriation proceedings are heard by a court, DOTr will pay the just

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compensation as determined by the court, as well as any required taxes including CGT, except
for any unpaid RPT. This, however, will not apply to incurable EJS cases.54

389. Resettlement Options. In general, APs, whether formal, or informal/renting but not
low-income (e.g. they are not poor or vulnerable or they own real property elsewhere, as
defined under R.A. 7279), who are using affected structures as dwellings will have the option
to choose between self-relocation assistance or assisted resettlement. This also includes
those who have previously availed of government socialized housing program and had sold
or rented out their socialized housing units. Low-income affected households will have the
option of participating in a social housing program or for self-relocation assistance, including
those that have abandoned previously awarded socialized housing units. Underprivileged and
homeless renters and sharers are also eligible to avail of the government’s socialized housing
programs55. Refer to the EM for full details of the resettlement options.

390. For APs whose livelihood will be severely affected will be eligible to participate in the
Livelihood Restoration and Improvement Program (LRIP), and provided compensation for loss
of income – as specified in the EM. Entitlements and assistance aim to support APs to at least
restore their pre-project socio-economic status. Although the entitlements detailed in the EM
are not fully covered by Philippine legislation, these are covered by the project policies and
are prescribed under JICA guidelines and ADB safeguard policies and as such must be
complied with.

391. Additional support will also be provided for vulnerable groups, as specified in the EM.
Vulnerable groups are defined in Chapter 6.

392. For families with persons needing special assistance and/or medical care, respective
LGUs will provide nurses or social workers to help them before and during the resettlement
activities.

Required Documents

a. Land, with or without structures/improvements

393. For negotiated sale, the following documents are required to be submitted by the
landowners prior to the full payment:
a. Owner’s duplicate copy of title (Original Certificate of Title (OCT)/Transfer
Certificate of Title (TCT)) covering said lot;
b. Tax Declaration of Lot;
c. Tax Declaration of Improvements (if any); and
d. Two government issued/valid Identification Cards (IDs)

b. Structures only

394. Structure owners who do not own the land, including informal settlers are required to
present the following documents:
54 Incurable EJS cases refer to those wherein it is deemed not possible to reach an agreement outside of the court
process among rightful heirs and the only remedy would be for them to enter judicial process to settle partition
of estate.
55
Under this Project, all ISF who are low income and homeless will be eligible for socialized housing
program, as described in Chapter 5.

156
• Certification from the barangay concerned stating that he/she is the rightful owner of
the structure (as per IRR for RA 10752).
• If the structure or improvements are located on privately owned land, the structure
owner will require a waiver from the private landowner stating that he/she is not the
owner of the structure and/or improvement therein and as such he is waiving the
receipt of any compensation for such (not applicable if the landowner is the
government).

Payment schedule

395. The schedule of payment to the Legal Property owners is summarized in Table 88.
Compensation payments to ISFs will be paid in full before occurrence of loss and will not
require a phased payment schedule.

Table 88: Payment Schedule for Legal Property Owners


Timing for APs to
AP Category 1st Payment 2nd Payment
vacate
A. Negotiated Sale
Case 1.
AP with complete
documents including
Owner’s Copy of the Following full
100% of the land
Title (APs who submitted compensation paid (after
100% for the structures, N/A
proofs of ownership after the 1st payment as there
crops and trees
issuance of NoT and the is only one payment)
documents have been
subjected to due
diligence by DOTr).
Case 2.
APs with complete
documents but only
90% of the land Following full
submitted these after
100% for the structures, 10% of the land compensation paid (after
issuance of OTB, and as
crops and trees the 2nd payment)
such DOTr needs to
undertake due diligence
first.
100% for land,
Case 3.
structures, crops and
APs with complete
trees less payment for
documents except tax
RPT arears paid directly
clearance.
to LGU.
Case 4. 50% of the land Following full
APs/cases which require 100% for the structures, 50% of the land compensation paid (after
extrajudicial settlement. crops and trees the 2nd payment)
B. Expropriated Property
1. An initial After issuance from the
compensation at an court of the Writ of
amount computed at Possession to DOTr.
100% of lot price This is roughly 10 days
based on latest after filing the
Applicable to all cases. Bureau of Internal expropriation case, and
Revenue (BIR) zonal is before the final court
value for land, decision.
replacement cost for
structures and At the same time that
improvements, and the Writ of Possession is

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Timing for APs to
AP Category 1st Payment 2nd Payment
vacate
market value for issued, APs will be able
crops and trees (less to claim the deposited
any unpaid real amount of money held
property tax and by the court, if they can
capital gains tax) in prove ownership.
the form of a check
will be deposited to
the court in favor of
the owner upon filing
of expropriation case
by DOTr. The Court
will immediately
issue an order to
take possession of
the property and start
implementation 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
of ownership
(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 as
determined 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

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Timing for APs to
AP Category 1st Payment 2nd Payment
vacate
cost.

6. Other applicable
allowances including
livelihood
rehabilitation and
transitional
assistance
allowances apply as
per cases not subject
to expropriation.

Source: JICA Study Team

396. The unit of entitlement is the entity (individual, family or household, or community)
eligible to receive compensation or entitlements. The units of entitlement include the following
categories:

i. Individuals or juridical persons having legal ownership of land, structures and/or


community will be considered as the unit of entitlement of the subject property;
ii. Owners of residential or non-residential structures, with or without legal ownership on
the land where the structure is located, will be considered as the unit of entitlement,
upon presentation of sufficient proof of ownership of said structure;
iii. A household will be the unit of entitlement, in instances where the household will be
impacted by physical displacement and requiring relocation assistance, including:
• Households who own the dwelling structure and also own the land where the
structure is located.
• Households who own the dwelling structure but do not have legal ownership on the
land where the structure is located.
• Households who are renting, leasing or sharing the structure.
• Households who own structures and were former ISFs but now hold title of land
through government socialized housing programs.
• Households who were former ISFs and are CMP/NHA beneficiaries whose titles
are still under the name of the organization.
• Households who have previously availed of government socialized housing
program (returnees) and are deemed ineligible by the key shelter agency (KSA) to
participate in the socialized housing program.
• Households/APs who occupy temporary dwellings.
iv. Adults whose waged-based income will be impacted will be the unit of entitlement for
livelihood rehabilitation and improvement assistance and compensation for income
losses, as detailed in Table 89.
v. The unit of entitlement for Vulnerable Groups are household, and includes:
• Households below poverty threshold;
• Low-income households headed by the elderly;
• Low-income households headed by a solo parent with dependents; and
• Low-income households with any member of the family residing in the household
at the time of the cut-off date who is physically disabled (i.e. blind, mute, cannot
walk, etc.) and/or mentally challenged.
vi. Government Agency/Local Government Unit (LGU) who are owners of affected public
structures, community facility and areas on public land are considered the unit of

159
entitlement for compensation relating to project impacts on these structures and public
land.

Table 89: APs Entitled to Livelihood Restoration Assistance


Major Group of APs Entitled APs Based on EM
APs engaged in a. APs who own affected fixed micro businesses within the ROW (e.g. small
enterprise activity shops, sari-sari store, carinderia, food stand, repair shop, etc.) with or
without permits from the LGU concerned.
b. APs who own affected small business establishments1 within the ROW.
c. APs who own affected medium and large business establishments within
the ROW
APs engaged in a. APs who are employed in a displaced commercial, industrial
wage-based establishment or agricultural businesses and lose their job due to closure
occupation of business or laying off as a result of minimized operation.
b. APs who permanently relocate to a place that makes former wage-based
livelihood opportunities inaccessible and as a result need to find new
employment or source of livelihood.
c. APs who permanently relocate to a place that makes it more expensive to
commute to their place of work and they retain their employment.
APs engaged in land- a. APs who are agricultural tenants and sharecroppers.
based activity b. APs who are landowners or lessee who are directly engaged in farming.
Source: JICA Design Team

Conditions

397. 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
those having more than one household member (with the exception of food
allowances during relocation as this is calculated on a per person basis);
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 legally
registered owner of the business activities which business, at the time of the
census, was operating 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 documents as proof of income compensation will be based on the
indicated income in the survey questionnaire utilized and validated by the PMO or
RAP Implementation Management Committee (RIMC)/Local Inter-Agency
Committee (LIAC);
d. The unit of entitlement for loss of income from agricultural/aquaculture land will be
the AP who is directly engaged in farming in the affected land which could be
landowners, lessee, tenant and sharecroppers who till the land. Wage-based
workers in these farms are entitled to compensation for loss of income as
employees.
e. Legal co-owners of land, structures and/or business will be included within the one
unit of entitlement under the same arrangement as the co-share documents or as
per existing form of income-expenses-profit share arrangements.
f. Households, regardless of income and category, will have the option to choose
between self-relocation assistance or assisted resettlement. The housing modality
shall depend on several factors such as income, previous inclusion to relocation
projects, and AP’s preferences.

Eligibility

398. There are existing national laws and project resettlement policies that affect the
eligibility of some APs in specific situations. These are summarized below:

160
399. Original patent holders of lands granted under CA 141. Historically, public land
was granted to agricultural farmers with the provision that should a piece of that land (up to
60 m width) be required for a government ROW, including railway projects, that it is to be
returned to government ownership. As a result, APs who are original patent holders of lands
granted under CA 141 (or own it through a gratuitous title such as donation or succession),
and whose land has not been subjected to previous government exercise of its lien will have
different entitlements, as detailed in the entitlement matrix. Specifically, there will be no
compensation for land up to 20 meters width if the patent was granted prior to 1975, and up
to 60 meters width for patents granted thereafter. Cash compensation for structures,
improvements, crops and trees, within this lien will be computed at full replacement cost.

400. Absentee structure owners who are members of squatting


syndicates/professional squatters. In view of the government’s effort to curtail the illegal
activities of squatting syndicates and professional squatters, Section 27 of R.A. 7279 explicitly
states that any person or group identified as such shall be summarily evicted and their
dwellings and structures demolished and shall be disqualified to avail of the benefits of the
program. Based on the project resettlement policy, squatting syndicates as defined in section
3 of R.A. 7279 and who are certified by DHSUD as such will not be eligible for resettlement
assistance. Members of squatting syndicates who do not occupy project-affected structures
and are residing elsewhere will not be physically displaced and as such will not be eligible for
relocation assistance and transitional support. However as provided in the same section of
the Act, individuals or groups who simply rent land and housing from professional squatters
or squatting syndicates are not classified as the same, and as such would still be eligible to
participate in a government socialized housing program (if they meet the other criteria).

401. Previous recipients of social housing programs who sold their house and lot.
Previous awardees of socialized housing through a government program who are low-income
and who sold their previously awarded house and lot will be ineligible for another socialized
housing package, but are still eligible for housing assistance through the self-relocation option
or participation in the public rental housing and other compensations/entitlements.

402. Persons who have moved into the right of way after the cut-off date. Persons or
households who moved into the affected structure after the cut-off date will be ineligible for
resettlement assistance. Similarly, all illegal structures built and trees planted in the affected
land after the cut-off date are not compensable and persons living in these illegal structures
will also be ineligible for resettlement assistance. Evicted renters/ISFs who are in the
household master list will be eligible for assistance. Eligibility will be determined through
validation to be conducted jointly by DOTr, LGU/LIAC, NHA and SHFC.

Entitlement Matrix

403. The entitlements developed for the project are designed to mitigate anticipated impacts
for various categories of eligible affected people in accordance with the laws and regulations
of the Government, ADB’s SPS requirements and JICA’s guidelines on environmental and
social considerations. These entitlements may be enhanced or otherwise modified, as
necessary, following the conduct of detailed measurement survey (DMS) and consultation with
APs to ensure that the impacts are mitigated, if not improved. However, the standards may
not be lower than the entitlements set out in this agreed framework. In accordance with RA
10752, to determine the appropriate price offer for the acquisition of ROW, DOTr will engage
the services of a government financial institution (GFI) with adequate experience in property
appraisal or an independent property appraiser (IPA) accredited by: (i) the Bangko Sentral ng
Pilipinas (BSP) or (ii) a professional association of appraisers recognized by BSP.

161
404. The replacement cost of structures or improvements affected by the ROW shall be
based on the current market prices of materials, equipment, labor, contractors profit and
overhead, and all other attendant costs associated with the acquisition and installation of a
similar asset in place of the affected asset. In addition, (i) if the affected structure has been
damaged, then the replacement cost should be the pre-damaged condition of that structure;
(ii) the replacement cost of the structure may vary from the market value of the existing
structure, since the structure that would actually replace it may have a different cost at current
market prices; and (iii) the replacement structure has to perform the same functions and meet
the performance specifications as the original structure.

405. The unit of entitlement is the affected individual, or household or affected community,
as the case may be, that is eligible to receive compensation and assistances. As a rule, the
unit of loss determines the unit of entitlement. If an individual loses a small business, the
individual is entitled to compensation. If more than one person owns or customarily uses
expropriated resources, then they are entitled to share in compensation. For example, if a
household of five loses a house and two hectares of land held in the name of one person, all
the members of the household are collectively entitled to at least a house and two hectares of
land of comparable value or to another form of compensation or rehabilitation acceptable to
them. The concept of the unit of entitlement is related to the EM (
406. Table 90).

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Table 90: Entitlement Matrix
Type of Impact Loss of Land
Entitled Person (Severe/Full) (Marginal/Partial)
1a APs who have full title being Entitlements: Entitlements:
Original Certificate of Title Cash compensation for loss of land at full Cash compensation for portion of land at full
(OCT) or Transfer Certificate of replacement cost computed at current market value, replacement cost computed at current market
Title (TCT) or emancipation free of taxes, including capital gains tax (CGT), value, free of taxes, including CGT, DST, transfer
patents (EP) or Certificates of documentary stamps tax (DST), transfer tax, and tax, and registration fees, except RPT arrears.
Land Ownership Award (CLOA). registration fees, except Real Property Tax (RPT)
1b APs who are not original patent arrears. Easement Agreement:
holders of lands granted OR If the portion of a lot required for a ROW is
through C.A. 141 (i.e. those If feasible, land for land will be provided in terms of minimal, such that the expenses for surveying or
who have bought the patent for a new parcel of land of equivalent productivity, at a segregating that portion from the main lot would
the land previously granted location acceptable to APs. be more than the value of the part of the lot
through C.A. 141) and where needed, the DOTr may, if the owner agrees,
any previous acquisition is not resort to the mode of easement of ROW (Title
through a gratuitous title (e.g., VII, Chapters 1 and 2 Civil Code of the
donation or succession) (C.A. Philippines). In this case, cash compensation for
141, Chapter 7). the value of the portion of the land subjected to
1c For untitled land, APs who can easement agreement computed at latest BIR
present: (a) Tax Declaration zonal value, with owner retaining ownership of
showing his and his said portion of land (Article 630, Chapter 1, R.A.
predecessors’ open and 386/ Civil Code of the Philippines).
continuous possession of the
property for at least 30 years,
(b) a certification from the
Department of Environment and
Natural Resources (DENR) that
the land is alienable and
disposable, and (c) other
documents that may show proof
of ownership (RA 10752).
1d APs who were former ISFs but
now hold title of land as a result
of a government socialized
housing program.

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Type of Impact Loss of Land
Entitled Person (Severe/Full) (Marginal/Partial)
1e APs who were former ISFs and Entitlements: Entitlements:
government socialized housing Same as above, with less any amount still owing to Same as above.
program beneficiaries whose the title.
titles are still under the name of
the organization.
1f APs who are original patent Entitlements: Entitlements:
holders of lands granted No compensation for land up to 20 meters width if No compensation for the affected portion of land
through Commonwealth Act patent was granted prior to 1975, and up to 60 within 20 meters width if patent was granted prior
(C.A.) No. 141 and the land has meters width for patents granted thereafter56. In to 1975 and up to 60 meters width for patents
not been subjected to previous excess of government lien, follow other entitlements granted thereafter. In excess of government lien,
government exercise of its lien. for 1a. follow other entitlements for marginal/partial
impacted 1a APs.

1g APs whose properties are Entitlements: Entitlements:


mortgaged (‘properties’ may be Same as above, but check payment will be split into DOTr to request mortgagee to segregate the
land, land and building, or as follows: portion of the property to be acquired for ROW
building within a condominium 1. For mortgagor APs – Full replacement cost as from the rest of the property.
association such as an defined above, less remaining amortization; 1. Full replacement cost for portion of the
apartment) 2. For mortgagee – Remaining amortization mortgaged property to be acquired, less
amount, computed based on original amount remaining amortization;
of principal, less interests for remaining 2. Pay Mortgagee the remaining
amortization period amortization amount needed to release
portion of mortgaged property.
If acquisition results in physical displacement, then
the resettlement assistance options of 2 (b) or 2 (d)
of this entitlement matrix also apply.
Implementation Considerations:
DOTr to 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 C.A. 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

56
For example, if the affected land was granted through C.A. 141 prior to 1975 and the land to be acquired for the right of way was a strip of land up to 20m then the PAP would
not be entitled to compensation for the land. If, however, the land to be acquired from the same land was wider than 20m (say 50m) then the PAP would be entitled to
compensation for any area over the 20m width (in this case 30m) provided other required conditions are met. For land granted through C.A. 141 from 1975, then the any land
acquired up to a width of 60m would not be compensated and same principle would apply as to the 20m example.

164
Type of Impact Loss of Land
Entitled Person (Severe/Full) (Marginal/Partial)
when the arrears is higher than the total compensation amount.
The arrears paid in advance, if any will be deducted from the compensation payment to be received by the AP.
The land for land option 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 Livelihood Restoration and Improvement Program.
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 with 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 property, such fees will be borne by DOTr.

Type of Impact Loss of Structure


Entitled Person (Severe/Full) (Marginal/Partial)
2a APs who own structures and Entitlements: Entitlements:
also own the land where the Cash compensation for entire structure equivalent to Cash compensation for the affected portion of the
structure is located. full replacement cost without deduction for structure at full replacement cost without
2b APs who own structures but do depreciation or salvaged materials. deduction for depreciation or salvaged materials.
not own the land where the
structure is located on and are In cases where the affected structures are being used Cash allowance for repair costs commensurate
not a low-income household as a dwelling by the structure owner and their family with actual costs.
and/or they own a dwelling residing there, self-relocation or assisted resettlement
elsewhere. as follows: Rental subsidy for maximum of 3 months will be
provided if it is determined and agreed between
1. Self-relocation assistance: the AP and DOTr PMO that retrofitting will
(i) Rental subsidy equivalent to 5 months of rental require temporary vacating the place.
payment for an alternative dwelling;
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power;
(iii) Transportation to new dwelling inclusive of
transportation of belongings; and
(iv) Food allowance of PhP150 per person relocated
per day for three days or a food parcel of equal or
greater amount (as determined by DOTr).

OR

165
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)

2. Assisted-resettlement:
(i) Option to avail of government economic and
medium cost housing program under the Home
Development Mutual Fund otherwise known as Pag-
IBIG Fund. The Pag-IBIG housing loan may be used
to finance any one or a combination of the following:
- Purchase of a fully-developed residential lot or
adjoining residential lots not exceeding 1,000 m2;
- Purchase of a residential house and lot, townhouse
or condominium unit;
- Construction or completion of a residential unit on a
residential lot owned by the member;
- Home Improvement; and/or
- Refinancing of an existing housing loan.
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power;
(iii) Transportation to new dwelling inclusive of
transportation of belongings; and
(iv) Food allowance of PhP150 per person relocated
per day for three days or a food parcel of equal or
greater amount (as determined by DOTr).
Implementation Considerations:
The amount of the rental subsidy by locality will be determined by DOTr through the replacement cost study.
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 an
affordable public rental facility in socialized housing arranged by DOTr. Rental allowance subsidy will be provided while awaiting availability of
public rental facility.
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. Procedures and requirements regarding self-demolition will be set out in the DED RAP.
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 the required 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 no Pag-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 housing loan, either as principal or co-buyer/borrower, it must be updated.

166
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
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 based on capacity to pay; and (iv) loan-to-appraised value ratio.
Loan term or maximum repayment period is 30 years.
Normal loan application may either be through on-line scheduling of appointment or walk-in at any Pag-IBIG branches. In the case of APs, DOTr
will make necessary agreement with the Department of Human Settlements and Urban Development (DHSUD) 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 the 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.
The amount of food allowance will be reviewed during preparation of the updated RAP and during implementation and may be adjusted as
needed to maintain the value in real terms.
2c APs who are renting, leasing or Entitlements: Entitlements:
sharing the structure, and do not No compensation for land or structures. No compensation.
have a low-income.57 In cases where the structures are being used as In the case of residential dwellings, if the affected
residential dwellings, self-relocation or assisted portion results in the structure no longer being
resettlement as follows: suitable for a dwelling, then self-relocation or
assisted resettlement option applies.
1. Self-relocation assistance:
(i) Rental subsidy equivalent to 5 months of rental Rental subsidy for maximum of 3 months will be
payment for an alternative dwelling; provided if it is determined and agreed between
(ii) Cash compensation to cover the cost of the AP and DOTr PMO that retrofitting will
reconnecting utilities such as water and power; require temporary vacating the place.
(iii) Transportation to new dwelling inclusive of
transportation of belongings; and
(iv) Food allowance of PhP150 per person relocated
per day for 3 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
medium cost housing program under the Home
Development Mutual Fund otherwise known as Pag-

57 For this project, low income families are those whose combined family monthly income is below PhP40,000.

167
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
IBIG Fund. The Pag-IBIG housing loan may be used
to finance any one or a combination of the following:
- Purchase of a fully-developed residential lot or
adjoining residential lots not exceeding 1,000 m2;
- Purchase of a residential house and lot, townhouse
or condominium unit;
- Construction or completion of a residential unit on a
residential lot owned by the member;
- Home improvement; and/or
- Refinancing of an existing housing loan.
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power;
(iii) Transportation to new dwelling inclusive of
transportation of belongings; and
(iv) Food allowance of PhP150 per person for 3 days
relocated or a food parcel of equal or greater amount
(as determined by DOTr).
2d APs who own structures but do Entitlements: Entitlements:
not own the land where the Cash compensation for entire structure equivalent to Cash compensation for affected portion of the
structure is located on, and are a full replacement cost without deduction for structure equivalent to full replacement cost
low-income household.58 depreciation for salvaged materials. without deduction for depreciation or salvaged
2e APs who own structures and In cases where the structures are being used as materials.
were former ISFs but now hold dwellings, self-relocation or assisted resettlement as
title of land through government follows: Cash allowance for repair costs commensurate
socialized housing programs. with actual costs.
1. Self-relocation assistance:
(i) If AP opts to move to an existing property (verified Rental subsidy for maximum of 3 months will be
by the receiving LGU), in-kind transportation to be provided if it is determined and agreed between
provided inclusive of transportation of belongings; the AP and DOTr PMO that retrofitting will require
and temporary vacating the place.
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power;

58
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).

168
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
(iii) Food allowance of PhP150 per person relocated
per day for 3 days or a food parcel of equal or greater
amount (as determined by DOTr).

OR
2. Assisted resettlement:
(i) Option to avail of government socialized housing
program of a partner government key shelter agency
(KSA) (if qualified). If not qualified for socialized
housing, then the entitlements for assisted
resettlement as per 2g apply;
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power (if not
provided by KSA/LGU);
(iii) Transportation during relocation including hauling
of household belongings to interim rental facilities,
until the relocatees are transferred to the final
resettlement site; and
(iv) Food allowance of PhP150 per person relocated
per day for 3 days or a food parcel of equal or greater
amount (as determined by DOTr) during relocation to
the interim rental units and during relocation to the
permanent relocation site.

If completion of the socialized housing


accommodation will not be ready by time of
displacement, rental subsidy will be provided.
2f APs who were former ISFs and Entitlements:
CMP/NHA beneficiaries whose Same as above minus any amount still owed to the
titles are still under the name of housing agency.
the organization.
2g APs who own structures but do Entitlements:
not own the land where the Cash compensation for entire structure equivalent to
structure is located, and who full replacement cost without deduction for
have previously availed of depreciation for salvaged materials.
government socialized housing

169
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
program (returnees) and are In cases where the structures are being used as
deemed ineligible by the key dwellings by the structure owner and their family
shelter agency (KSA) to residing there, self-relocation or assisted resettlement
participate in the socialized as follows:
housing program
1. Self-relocation assistance:
(i) If AP opts to move to an existing property (verified
by the receiving LGU), in kind transportation to be
provided inclusive of transportation of belongings;
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power; and
(iii) Food allowance of PhP150 per person relocated
per day for 3 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 housing
accommodation provided by DOTr in partnership with
KSA, NGOs and/or LGUs;
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power (if not
provided by KSA/LGU);
(iii) Transportation during relocation including hauling
of household belongings to interim rental facilities,
until the relocatees are transferred to the final
resettlement site; and
(iv) Food allowance of PhP150 per person relocated
per day for 3 days or a food parcel of equal or greater
amount (as determined by DOTr) during relocation to
the interim rental units and during relocation to the
permanent relocation site.

If completion of the public rental housing


accommodation will not be ready by time of
displacement, rental subsidy 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

170
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
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. Procedures and requirements regarding self-demolition will be set out in the DED RAP.
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.
AP’s preference based on the above shall be stipulated in the respective Agreement to Demolish and Remove Improvement (ADRI). To ensure
that funds are available until APs are relocated, DOTr shall make the necessary arrangements with the Land Bank or equivalent, so that a trust
fund can be set up for this purpose. APs who preferred to defer payment would be 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 necessary arrangements 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 set up communities to borrow for socialized housing will be paid by DOTr.
The amount of food allowance will be reviewed during preparation of the updated RAP and during implementation and may be adjusted as needed
to maintain the value in real terms.
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.
Self-relocation options described in 2(d), 2(e), 2(f), and 2(g) are tentative and will be finalized after consultations take place during the DED
resettlement plan preparation.
2h APs who occupy temporary Entitlements: No compensation for structure.
dwellings.59 Provision of Assisted Resettlement options as
detailed for 2d provided that they present a
Certification from their respective Barangay Captains
and Head of LGU’s Urban Poor Affairs Office or the
Local Housing Office or equivalent stating that they
are bona fide residents and have occupied the project
affected-area prior to the applicable cut-off date.

APs that do not meet the socialized housing program


eligibility criteria but are able to present Certification
may have the option to avail of affordable public rental
facility through partnership with KSA, NGOs, and/or
LGUs, to the extent possible.

If completion of the public rental facility

59 Moveable sleeping materials located within the project right-of-way (e.g., tent, cart, tarpaulin).

171
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
accommodation will not be ready by time of
displacement, rental subsidy will be provided.

2i APs who are renting, leasing or Entitlements:


sharing the structure, and have No compensation for land or structures.
a low-income.60 In cases where the structures are being used as
residential dwellings, self-relocation or assisted
resettlement as follows:

1. Self-relocation assistance:
(i) Rental subsidy equivalent to 5 months of rental
payment for an alternative dwelling;
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power;
(iii) Transportation to new dwelling inclusive of
transportation of belongings; and
(iv) Food allowance of PhP150 per person for 3 days
or a food parcel of equal or greater amount (as
determined by DOTr).
OR
2. Assisted resettlement:
(i) Option to avail of government socialized housing (if
qualified);
(ii) Cash compensation to cover the cost of
reconnecting utilities such as water and power (if not
provided by KSA/LGU);
(iii) Transportation to new dwelling inclusive of
transportation of belongings; and
(iv) Food allowance of PhP150 per person relocated
per day for 3 days or a food parcel of equal or greater
amount (as determined by DOTr).

If completion of the socialized housing at the


relocation site will not be ready by time of

60 For this project, low income families are those whose combined family monthly income is below PhP40,000.

172
Type of Impact Loss of Structure
Entitled Person (Severe/Full) (Marginal/Partial)
displacement, rental subsidy will be provided.
Implementation Considerations:
Any fees required to be paid to community organizers to set up communities to borrow for socialized housing will be paid by DOTr.
The amount of the rental subsidy by locality will be determined by DOTr through the replacement cost study.
The amount of food allowance will be reviewed during preparation of the updated RAP and during implementation and may be adjusted as
needed to maintain the value in real terms.
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/Livelihood


3a APs who own fixed micro Entitlements:
businesses 61 (e.g. small shops, Cash compensation for income losses during transition period corresponding to stoppage of business
sari-sari store, carinderia, food activities, not to exceed six months.62
stand, repair shop, etc.) with or Cash compensation to cover transactional (e.g., permitting) cost of re-establishing the business
without permits from the LGU elsewhere.
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.

For APs who are leasing space from property owners:


(i) For those who will continue with their micro-small business activities elsewhere, rental subsidy for three
(3) months based on prevailing average monthly rental for a similar structure of equal type and dimension
to the property being leased. Not applicable to lease contracts that will expire at the time of taking.

61
Categories of businesses are based on capitalization and number of employees, with up to Php 3,000,000 capitalization and 1-9 employees for micro businesses as defined
under Small and Medium Enterprise Development Council Resolution No. 01 Series of 2003 dated 16 January 2003.
62 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.

173
Entitled Person Loss of income/Livelihood
3b APs who own small, medium Entitlements:
and large business Cash compensation for income losses during transition period corresponding to stoppage of business
establishments63 activities, not to exceed six months.64
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:
(i) Acquire the property but allow the owner of the structure and business use of the land for a defined
period to give the owner time to transfer, subject to agreement on a case to case basis;

For APs who are owners of commercial/business entities and are leasing affected space/property:
(i) For those who will continue with their commercial and business activities elsewhere, rental subsidy for
three (3) months based on prevailing average monthly rental for a similar structure of equal type and
dimension to the property being leased. Not applicable to lease contracts that will expire at the time of
taking.
3c Vendors with no stalls 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 and/or (b) identify
alternative sites to sell; and link to existing government programs.
3d Trolley drivers Transitional support of minimum wage for four (4) months 65.
Participation in the livelihood restoration and improvement program.
Provision of skills training in anticipation of available job positions during construction and operation of
the project.
Training allowance66

63 Categories of businesses are based on capitalization and number of employees, with (1) Php 3,000,001-Php 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 under Small and Medium Enterprise Development Council Resolution No. 01 Series
of 2003 dated 16 January 2003.
64 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.


65 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
66 Transportation allowance only if necessary.

174
Entitled Person Loss of income/Livelihood
Priority in employment during construction and operation stage of the project.

3e APs who are employed in a Entitlements:


displaced commercial or Cash compensation for net salary of two (2) months based on actual salary. For APs whose income is
industrial establishment and lose below or within the minimum wage, cash compensation for 4 months based on prevailing minimum wage.
their job due to closure of Participation in the Livelihood restoration and Improvement Program.
business or laying off as a result
of minimized operation. Provision of skills training in anticipation of available job positions during construction and operation of
3f APs who permanently relocate the project.
to a place that makes former
wage-based livelihood Training allowance67.Priority in employment during construction and operation stage of the project.
opportunities inaccessible and
as a result need to find new
employment or source of
livelihood.
3g APs who relocate to a place that Entitlements:
makes it more expensive to Commuting allowance of an amount based on additional costs, but not exceeding Php 5,000 per
commute to their place of work household per month for three months (not entitled to 3e or 3f).68
and they retain their
employment.
3h APs who are agricultural tenants Entitlements:
and sharecroppers. Financial assistance equivalent to the average gross harvest for the last three (3) years and not less than
P 15,000 per hectare (EO 1035).
Crop compensation will be made between the owner and sharecropper as per terms of the sharecropper
in case of privately-owned land / publicly-owned land.
In case of dispute over verbal agreement with sharecropper, certification from elected representatives will
be considered as legal document.
Participation in the Livelihood Restoration and Improvement Program.
3i APs who are landowners or A disturbance compensation equivalent to five times the average gross harvest for the last five years on
lessee who are directly engaged the principal and secondary crops of the area acquired (as adopted from RA.6389).
in farming. Participation in the Livelihood Restoration and Improvement Program.
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 by replacement cost study.

67 PhP 200 daily for food and transportation.


68
Commuting allowance will be provided only upon transfer to off-city permanent relocation site. No commuting allowance will be provided at the temporary accommodation.

175
Entitled Person Loss of Public Land and Structure (Severe/Full)
4a Government Agency/ Local Entitlements:
Government Unit (LGU) owners Compensation between agencies based on mutual agreement.
of affected public structures on Transportation to be provided inclusive of transportation of belongings.
public land.
4b Government Agency/ Local Entitlements:
Government Unit (LGU) owners Cash compensation for structures at full replacement cost.
of affected public structures on Transportation to be provided inclusive of transportation of belongings.
private land.
Entitled Person Loss of Non-Land Assets and Improvements
5a Owners of fruit and timber trees Entitlements:
(regardless of ownership status Cash compensation at replacement cost for affected fruit and timber trees.
of affected land).

5b Owners of crops (regardless of Entitlements:


ownership status of affected Compensation for the affected perennial and annual crops at market value of the crop at full-term harvest
land). time69.
5c Owners of aquaculture produce Entitlements:
(regardless of ownership status Compensation for aquaculture stock computed at harvest time and land preparation for a replacement fish
of affected land). pond/fish pen.
5d Owners of other affected non- Entitlements:
land assets and improvements Compensation at replacement cost for affected non-land assets and improvements (not mentioned in 5a,
(not mentioned in 5a, 5b or 5c). 5b, 5c). Alternatively, APs may opt for transportation of secondary structures (non-land assets) in whole or
in part in lieu of compensation where property can be viably transported.
Implementation Considerations:
Determination of replacement cost of trees will take into 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 (for fruit trees)
or Department of Environment and Natural Resources (DENR) for timber trees.
Coordination with landowners and/or fishpond operators to advise them regarding the schedule of clearing.

69
Compensation for crops is for one harvest only. Should the PAP or someone else plant on the project ROW after validation in the barangay, it is no longer eligible for
compensation.

176
Entitled Person Additional Hardship Due to Vulnerability
6a APs who are classified as any of the Entitlements:
following vulnerable groups: poor In addition to applicable compensation:
(based on the poverty income • Inconvenience allowance in the amount equivalent to PhP 10,000 per household.
threshold), elderly and solo parent- • For the families with persons who need special assistance and/or medical care, respective LGUs to
headed households, and persons with provide nurses or social workers to help them before and during the resettlement activity.
disabilities. • 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


7a APs who have legal rights to the land. Entitlements:
7b APs without legal rights to affected Restoration of land within 3 months of completion of use.
land but owners of affected non-land Compensation for affected non-land assets at full replacement cost commensurate with rates set out in the
assets. resettlement plan.
Cash payment for rent of the affected land at prevailing rental rates in the location of the property until the
property is restored.
7c Severance impacts and/or barrier The project will provide for crossings and continued access.
effect during construction disrupting In the event that construction works completely block access (without alternative access) to a business
lateral movement (access) or access then compensation for lost income for the period of disrupted access will be provided.
to property.
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 monitoring of the Environment Management Plan.

177
Entitled Person Sub-Terranean Easement Agreement
8a Sub-terranean Easement Entitlements:
Agreement.
Cash compensation for affected portion of land computed at 20% of current market value with APs
retaining ownership of land;
OR
If the landowner, does not agree to the installation of the easement, the affected land will be acquired
and compensated as per provisions under section 1a to 1g of the entitlement matrix.
8b • APs who are original 1. No compensation
patent holders of lands 2. Execution of MOA on usage of land/ROW
granted through
Commonwealth Act (C.A.)
No. 141
• National and local
government who own land

Entitled Person Unanticipated Involuntary Resettlement Impacts


9a Eligible affected persons. Entitlements:
Entitlements will be prepared in accordance with the JICA Guidelines (2010), ADB Safeguard Policy
Statement (2009) and applicable national laws and regulations (including requirements for preparation of
corrective action plan and other related documents for ADB and JICA to review and approve), and the
Environmental Management Plan (EMP) of the approved Environmental Impact Statement (EIS).
In the event that the residual community will lose access due to the project, DOTr shall either maintain
access or acquire the remaining land. Any additional land acquisition (including all affected structures,
improvements and crops therein) as a result of landlock, provision of access, and/or required setback
shall be compensated similarly as provided for in this entitlement matrix. Likewise, families and
businesses that will be displaced as a result of landlock or provision of access road or required setback
shall be eligible to all applicable entitlements and resettlement and/or livelihood restoration assistance
provided for in this Framework.
Implementation Considerations:
Entitlements to be prepared in such circumstances are subject to approval of the DOTr and concurrence by ADB and JICA.

Expropriation Proceeding
1. An initial compensation at an amount computed at 100% of lot price based on latest Bureau of Internal Revenue (BIR) zonal value for land,
replacement cost for structures and improvements, and market value for crops and trees (less any unpaid real property tax and capital gains
tax) in the form of a check will be deposited to the court in favor of the owner upon filing of expropriation case by DOTr. The Court will immediately

178
issue an order to take possession of the property and start implementation 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 of ownership (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 as determined 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 including livelihood rehabilitation and transitional assistance allowances apply as per cases not subject to
expropriation.

Implementation Considerations:
Based on Rule 17, Section 1 of the 1997 Rules of Court on Civil Procedures, the plaintiff (DOTr) can withdraw the case by filling a
notice of dismissal any time before service the answer by the defendant (owners). If the answer has been served, the case shall not
be dismissed at the palintiff’s instance upon approval of the court and upon each terms and conditions as the court deems proper
(Section 2, Rule 17 of the 1997 Rules of Court on Civil Procedures). In both cases, the acquisition mode would revert back to
negotiated sale, which will entitle the owner to payment at current market value for land (as indicated in DOTr’s letter offer), free of
taxes, including CGT, and registration fees, replacement cost for structures and improvements, and market value for crops and
trees. If no 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 AP may manifest before the court, upon filing the expropriation case and making the necessary deposit that the offer amount is
not in dispute, DOTr shall then pursue the case in good faith and pay 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 be established 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 to complete/progress EJS process prior to issuance of the Letter Offer to Buy,
which only gives them 30 days to accept offer, after which expropriation proceedings can commence. If APs are unable to complete
the EJS before the expropriation proceedings are heard by a court, DOTr will pay the just compensation as determined by the court,
as well as any required taxes including CGT, except for any unpaid RPT.

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7. CHAPTER 7: RELOCATION AND RESETTLEMENT

407. As part of the project resettlement policy and entitlements (Chapters 5 and 6),
resettlement assistance will be provided for physical displacement resulting in permanent loss
of informal and residential structures and economic displacement (i.e. for a transition period
needed to restore the livelihood and standards of living of APs). Economic displacement
support and assistance is discussed in Chapter 9 on the Livelihood Restoration and
Improvement Program (LRIP). Any land acquired for resettlement sites for the SCRP will also
have the same policies and entitlements set out in this RAP.

408. Assisted relocation can include relocation packages provided by the key shelter
agencies (KSAs) for those that are eligible, or government economic and medium cost-
housing loans and support under the Home Development Mutual Fund (HDMF) or Pag-IBIG
Fund programs. Prior to relocation, ample consultations will be provided to AHs to ensure that
their needs are addressed and assisted relocation options are understood, and where
applicable relocation site options are presented. The implementing agency, in coordination
with the KSAs, host and sending LGUs and APs, will ensure that no AH will be forcibly evicted
or a structure demolished without prior notice and consultation. Any land acquired for
resettlement sites for the SCRP will also be subject to the same policies and entitlements set
out in this RAP.

409. In-city relocation (within the same LGU) is preferable to ensure minimal displacement
of AHs from their source of income/livelihood. During the DED Stage, APs will be consulted
on their preferred relocation site, based on the information on available land and relocation
sites.

410. A total of 11,114 households will be physically displaced from their housing. Of this
number, 10,406 are informal settlers and 708 are formal settler households. They occupy a
total of 8,046 structures. The total number of households is more than the total number of
structures as there are structures with multiple households.

Table 91: Number of Affected Occupied Structures and Surveyed Respondents


Affected Occupied
Displaced Households
Structures
City Informal Settler
Formal Settler
No. % Families/ Total
Families/ Households
Households
Manila 1,580 20 346 3522 3,868
Makati 48 1 22 139 161
Taguig 157 2 17 361 378
Parañaque 30 0.37 0 38 38
Muntinlupa 665 8 132 1167 1,299
San Pedro 192 2 24 277 301
Biñan 1,584 20 37 2044 2,081
Sta. Rosa 314 4 11 424 435
Cabuyao 88 1 5 101 106
Calamba 3,388 42 114 2333 2,447
Total 8,046 100 708 10,406 11,114

411. Physically displaced households are eligible for various forms of entitlements for
assisted resettlement and self-relocation as set out in the Entitlement Matrix.

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412. In aid of resettlement planning, potentially affected households were asked about their
preferred relocation sites. Among the preferences cited, most households or 5,406 (47.57%)
want to be relocated within the same city, 4,045 (35.59%) expressed desire to be relocated
within the same barangay, 626 (5.51%) wants to be relocated within Metro Manila, and 1,288
(11.33%) wants to be relocated outside Metro Manila.

413. During the socio-economic survey of AHs, respondents indicated the following
consideration for the location of resettlement site:
(i) Be near work//livelihood opportunities (11,179 or 23.71%),
(ii) Be near school (6,886 or 14.60%),
(iii) Be near market/malls (7,198 or 15.26%),
(iv) Have access to public transportation (5,405 0r 11.46%),
(v) Be near hospitals or health facilities (4,581 or 10.35%),
(vi) Have access to basic utilities such as electricity and water (4,777 or 10.13%)

414. Resettlement assistance options include (1) Self-Relocation Assistance and (2)
Assisted Resettlement. The different entitlements are indicated in Table 90 (Entitlement
Matrix).

Option 1: Self-Relocation Assistance

415. The option to self-relocate will be offered to all categories of APs. In this option, APs
may choose to relocate to their hometown, to a relative with residence close to their current
sources of living, to continue renting somewhere near their current location, to return to
previously availed socialized housing or to relocate in a permanent dwelling of their choice.
The forms of assistance to be provided to APs vary by category of APs but are generally
geared towards helping them to self-relocate without financial burden.

416. APs with low incomes are more susceptible to the impacts of physical displacement,
thus (as much as possible) ISF APs who have low incomes will be encouraged to opt for
socialized housing over self-relocation as socialized housing is a formal and sustainable
settlement option that will enable improvement of their living conditions. On the other hand,
APs who are not low income and who may have sufficient, stable and permanent source of
income in their current location must be provided the option to stay where they deem most
convenient to them so they may quickly recover and continue to enjoy their financial stability
even after displacement. During preparation of the DED stage RAP, further analysis and
consultations with low income ISF households will be undertaken ensure that the offered self-
relocation option is suitable and appropriate to provide a viable relocation option.

Option 2: Assisted Resettlement

417. Assisted Resettlement consists the option to avail permanent housing either through
socialized housing or economic housing. As shown in Table 7-1, the packages for this option
are a combination of the following:

(i) Housing support


(ii) Relocation expenses
(iii) Commuting allowance
(iv) Livelihood restoration program and
(v) Rental subsidy while awaiting for the permanent housing unit to be completed.

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418. All qualified APs will be assessed and validated by the corresponding key shelter and
financing agencies (i.e. SHFC and Pag-IBIG) during project implementation.

Type of Housing Support

419. Housing Support differs for each category of APs. ISFs and renters who are low
income and homeless may avail of either a socialized housing or a public rental, while all
other remaining category of APs in Table 92 above may avail of low-cost housing or
economic housing through HDMF. The DOTr encourages ISF households to avail of
formal housing support as a means of stabilizing and improving their living conditions and
standards in the long term.

420. Eligibility of housing support will be based on the AP’s entitlement, as prescribed in the
Entitlement Matrix (EM).

421. Table 90The type of housing support are as follows:


a. Relocation packages provided by SHFC, also known as a socialized housing program
with affordable amortization repayments; and
b. Government economic and medium cost-housing loan for acquired assets or new
properties under the Pag-IBIG Fund.
c. For those who do not qualify for socialized housing program or housing loans, public
rental housing accommodation may be provided through DOTr, if available.

Table 92: Eligibility for assisted resettlement programs by category of affected


households
Affected Households (AHs) Eligible House Support
Formal settler Government economic and medium cost-
housing loan under Pag-IBIG Fund
Informal setters but are not low income or Government economic and medium cost-
homeless housing loan under Pag-IBIG Fund
Informal setters and are low income or homeless Socialized housing program provided by SHFC
Returnees who were previous participants of a Government economic and medium cost-
socialized housing program and sold the house housing loan under Pag-IBIG Fund or
Public rental housing accommodation
Returnees who were previous participants of a Socialized housing program provided by SHFC
socialized housing program and abandoned the or
house Public rental housing accommodation
Renting, sharing the structures, and are low Socialized housing program provided by SHFC
income and homeless
Renting, sharing the structures, but are not low Government economic and medium cost-
income or homeless housing loan under Pag-IBIG Fund

Economic Housing

422. Economic Housing is defined in BP 220 as housing units which are within the
affordability level of the average and low-income earners which is 30% of the gross family
income as determined by the National Economic and Development Authority (NEDA) from
time to time. Economic Housing could be private or government-initiated sites. Based on
HLURB Memorandum Circular No. 13 Series of 2017, the selling price of Economic Housing
is above PhP450, 000 but not more than PhP1, 700,000. Medium Cost Housing, on the other
hand, costs above PhP1, 700,000 up to PhP4, 000,000 and designed for average to mid-level
income earners.

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423. The option for Economic Housing or Medium Cost Housing will be offered to any of the
following APs who reside in the affected residential structure and who:
(i) Own the affected residential structures and own the land where the structure
is located.
(ii) Own the affected residential structures but do not own the land where the
structure is located and are not low income or homeless (i.e. they are not
poor and vulnerable, or they own real property elsewhere);
(iii) Own the affected residential structures but do not own the land where the
structure is located, and who have sold or rented out previously availed
government socialized housing program (returnees);
(iv) Renters, sharers, rent-free occupants who are not low income and
homeless.

424. DOTr will coordinate with Pag-IBIG to identify the developers and location of Economic
Housing and Medium Cost Housing in each LGU. A series of housing exhibits will be organized
per LGU wherein housing options will be presented to APs by the developers. During
consultation, APs will be provided with a list of documentary requirements to qualify for a
housing loan under Pag-IBIG. Said list of requirements will also be made available at the APs’
respective Help Desks.

425. To guarantee that APs are sufficiently assisted in finding and availing a replacement
housing unit, DOTr will coordinate with concerned agencies to establish a one-stop shop of
requirements for housing loan, per LGU. Additionally, site visits will also be arranged with the
developers to ensure that APs make an informed and preferential decision in selecting their
housing unit.

426. For those who may avail Economic Housing includes assistance in finding economic
housing near their current work, trippings with the developer, rental subsidy for the elderly and
transportation cost during relocation. Since pre-qualification of APs has not been conducted
at this stage, the cost to GOP of the relocation package for Economic Housing and Medium
Cost Housing will be determined at Detailed Engineering Design Stage of RAP preparation.

a. Housing Loan

427. Pag-IBIG Housing Loan may be availed for acquired assets or new properties.
Housing loan application can be done through any of the following modes: (1) Developer-
Assisted, where the developer assists the member in his/her housing loan application; or (2)
Retail, where the member applies directly to Pag-IBIG.

b. Eligibility Requirement

428. Depending on qualifications, AHs may choose from either of the two housing
programs: The Affordable Housing Program (AHP) and the End-User Home Financing
Program. The AHP is designed for minimum-wage earners or whose gross income does not
exceed PhP17, 500 per month. It is aimed at giving opportunity for Pag-IBIG members to
acquire decent homes at very low interest rate. The End-User Home Financing Program is for
medium-cost housing worth up to six million pesos (PhP6M).

c. Type of Housing Program and Eligibility

429. Both housing programs are available to active Pag-IBIG Fund Members who meet the
eligibility requirement outlined in the table below.

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Table 93: Eligibility Requirements for Housing Programs
Affordable Housing Program End-User Home Financing Program
Have made at least 24 monthly savings. Have made at least 24 monthly savings.
The lump sum payment of the required The lump sum payment of the
24 monthly savings is allowed; required 24 monthly savings is
Have a gross monthly income not allowed;
exceeding PhP17,500.00; If with existing Pag-IBIG housing loan,
If with existing Pag-IBIG housing account, it either as principal or co-
must be updated; buyer/borrower, it must be updated;
Have no outstanding Pag-IBIG Short-Term Have the legal capacity to acquire and
Loan in arrears at the time of loan encumber real property;
application; Have passed satisfactory
Have the legal capacity to acquire the background/credit and
encumber real property; employment/business checks of Pag-
Have passed satisfactory background/credit IBIG Fund;
and employment/business checks of Are not more than 65 years old and not
Pag-IBIG Fund; more than 70 years old at maturity of
Are not more than 65 years old as of date loan application;
of application and must be insurable; Have no Pag-IBIG housing loan that was
Had no Pag-IBIG housing loan that was foreclosed, cancelled, bought back
foreclosed, cancelled, bought back due due to default, or subjected to dacion
to default, or subjected to dacion en en pago;
pago.

d. Loanable Amount, Interest Rate, Loan Term and Process

430. The loanable amount under the AHP is up to PhP 750,000 while the End-User Home
Financing Program is up to PhP6M. The maximum repayment period for the loan is 30 years.
The loanable amount will be based on the lowest of the following: actual need, loan entitlement
based on gross monthly income and capacity to pay, and the loan-to-appraised value ratio.

Table 94: Loanable Amount and Interest Rate under AHP


Details Maximum Gross Monthly Income/Cluster Limit
Income Cluster 1 (NCR) up to PhP15,000 up to PhP17,500
Clusters Cluster 2 (Regions) up to PhP12,000 up to PhP14,000
Loan Amount Loans up to PhP450,000 Loans up to PhP750,000
Interest Rate 3.0%* 6.5%**
* Housing loan borrowers earning up to PhP15, 000 for Cluster 1 and up to PhP12, 000 for Cluster 2
with maximum loan amount of PhP450, 000 will be charged with interest rate of 3% for the first 5
years of the loan.
**Housing loan borrowers earning up to PhP17, 500 for Cluster 1 or up to PhP14, 000 for Cluster 2
with housing loan of up to PhP750, 000 will be charged with interest rate of 6.5% for the first 10 years
of the loan.

431. At the end of the 5 year or 10-year period, the interest rate will be repriced based on
the prevailing interest rate in the Fund’s Full Risk-Based Pricing (FRBP) Framework. For those
opting for a 3-year or 5-year fixing period, the interest rate will be repriced based on the
prevailing interest rate in the FRBP Framework or it will be increased by 2%, whichever is the
lower.

432. For the End-User Home Financing, the interest to be charged will be based on the
chosen re-pricing period of the borrower under the Fund’s Full Risk-Based Pricing Framework.

433. Housing loan applicants must accomplish the application form, along with loan
requirements and submit them at any Pag-IBIG branch offices.

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Socialized Housing Program

434. Republic Act 7279 also known as the Urban Development and Housing Act (UDHA)
defined Socialized Housing as housing programs and projects covering houses and lots or
home lots only undertaken by the government or the private sector for the underprivileged and
homeless citizens which will include sites and services development, long-term financing,
liberalized terms on interest payments, and such other benefits in accordance with the same
Act.

435. Socialized housing is the primary strategy of the government for providing shelter for
the underprivileged and homeless. This will include the provision of basic services (i.e. water,
electricity, sewerage facilities, solid waste disposal system, and access to primary roads and
transportation facilities) and social facilities (e.g. health, education, communication, security,
recreation, relief and welfare).

e. Eligibility Requirements

436. In December 2017, DOTr executed a Memorandum of Agreement (MOA) with SHFC
in the development of socialized housing for the affected ISFs, who are low income and
homeless, living within the proposed project alignment of SCRP described in previous
chapters.

437. The relocation package under this project will be provided for every qualified AH as
described below, and who must have been included in the Census Survey conducted from
Manila to Calamba section from January 2018 to July 2018.
• Non-landowner PAPs residing in the project right-of-way who (i) own and (ii)
occupy structures in affected public and private lands who are low income70 and
homeless; and
• Those who reside in affected structures as renters, sharers or rent-free occupants
who are low income and homeless.

f. Relocation Package

438. Prior to relocation, meaningful consultation with eligible AHs will be conducted to
ensure that their needs are addressed, and relocation site options are presented. The
implementing agency, in coordination with SHFC and the LGUs, is tasked to ensure that no
ISF will be forcibly evicted or a structure demolished without prior notice and consultation.

439. Based on the signed MOA between DOTr and SHFC, SHFC will provide among others:
(i) assistance in formulating the community-driven housing projects, and (ii) technical
assistance and capacitating the community associations in the actual implementation of their
community-driven housing projects. MOA was revised on September 2018.

440. To implement this agreement, DOTr will provide funds to SHFC to cover the following:

i. As Grant to SHFC

a. Social preparation and relocation


b. Livelihood development and restoration, including program design
c. Special entitlements to vulnerable households, pursuant to ADB and JICA Social
Safeguards and DD RAP
d. Technical subsidy, including Construction Project Management (CPM);

70 Income bracket will be determined during detailed engineering design.

185
e. Monitoring and Evaluation (M&E) expenses
f. Establishment of estate management, including capacity building of concerned
stakeholders
g. Other administrative expenses, including expenses for Personnel Services, Capital
Outlays (e.g. vehicle), and Maintenance and Other Operating Expenses, including
Civil Society Organizations (CSO) fees
h. Expenses for Gender and Development (GAD) programs as required by applicable
rules and regulations
i. Applicable insurance covers
j. Applicable taxes

ii. As Loans to AHs

a. Land acquisition, including road right of way to the project site


b. Site development, including clearing of project site, community open spaces and
community facilities (30%), utilities (i.e. water and power), and green spaces (10%),
and
c. Construction of housing units

441. The relocation package for each qualified ISF includes the following:

(i) House and lot package (inclusive of cost for land acquisition, site development, and
housing construction);
(ii) Community organizing (inclusive of social preparation, mobilization, documentation,
registration and community development and planning workshops);
(iii) Community facilities, open spaces and facilities for PWDs;
(iv) Rental allowance (if relocation site is not yet ready in time for the clearing of ROW);
(v) Utility connection;
(vi) Livelihood development and implementation;
(vii) Community preparation for estate management; and
(viii) Development and construction of Road-right-of-way (RROW) leading to the
relocation site.

g. Cost for Relocation Site Package

442. SHFC will finance and lead the development of all housing units for the affected
informal settler families of the SCRP. For the socialized housing package, the maximum
loanable amount per family is PhP580,00071. Based on the MOA executed, cost for common
facilities and open spaces (40% of total land use) will be subsidized by DOTr. (Please refer to
Appendix 10 for a copy of MOA). This will apply to all relocation site projects regardless of
which entity identified the site (i.e. LGU, CA, SHFC).

Table 95: Socialized Housing Package for SCRP


Vertical Development or
Item Horizontal Development
High-Density Housing
Types of Loan Phase 1: Land Acquisition Phase 1: Land Acquisition
Phase 2: Site Development Phase 2: Site Development
Phase 3: Building and Building Construction
Construction
Loan ceiling per family PhP580,000 PhP720,000

71 Based on HUDCC Resolution No. 1 series of 2018.

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Vertical Development or
Item Horizontal Development
High-Density Housing
Interest and Term Not yet discussed Not yet discussed

Subsidies for Technical Technical Subsidy


Assistance to be provided Administrative Cost
by DOTr Relocation Operations
Interim Housing
Livelihood Program
Lot portions allocated for open spaces and common facilities
(30%), facilities for PWDs (1%), and green spaces (9%)
Connection to utilities
Community preparation for estate management
Road-right-of-way (RROW) leading to the project site

h. Monthly Cost for Amortization

443. As in all other government socialized housing projects, the relocated AHs will also be
required to pay monthly amortization costs.

444. Based on the discussion with DOTr and SHFC, it is agreed that the affordable rate will
be set as flat rate for maximum 30 years loan based on the income of AHs, government
policies and in line with the housing package, minus compensation for affected assets as
indicated in the Entitlement Matrix. However, since pre-qualification of APs has not been
conducted at this stage, the cost to GoP of the relocation package for Socialized Housing will
be determined at DED Stage of RAP preparation.

The legal beneficiaries of housing units will be able to own their respective dwelling places
either through outright cash sale or through installment. If the installment method is opted, the
monthly payments to be incurred is based on the chosen number of years to pay, as well as
the cost of the land and structure, and for low-rise building (LRB)/medium-rise building (MRB)
options, the level on which the unit is located. It should be noted that there is a one-year
moratorium of payments for the beneficiaries. Furthermore, after signing the contract, the
beneficiary must submit the names of family members who will be residing in the respective
residential units.

i. Relocation Procedure

445. The NSCR-EX PMO will request the respective LGUs to convene the LIAC for SCRP.
The tasks of the NSCR-EX PMO and LIAC are outlined in Chapter 11.

446. For this project, People’s Planning Approach will be the mode of developing the
socialized housing. Thus, DOTr engaged the services of SHFC to lead the community
organizing and social preparation activities and to develop the relocation sites.

447. Under the “People’s Plan Approach” the respective community associations (CAs), of
affected ISFs will select their preferred relocation site. The location, size, floor plan, common
facilities, and materials to be used, even the type of housing, whether vertical or horizontal
development, will be identified, planned and agreed together. The decision will be agreed by
the PAPs wherein inputs of individual member-family will be heard and openly deliberated.
Below is the People’s Plan Framework provided by SHFC.

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j. SHFC’s People’s Plan Framework

448. At the core of the People’s Plan is its participatory/community-driven approach. In


housing, People’s Plan allows the community to initiate for a housing plan that is responsive
to their needs and capabilities. The community selects (i) the site they choose to relocate in,
(ii) developers/contractors who will construct the structures, (iii) building/housing designs. The
community will likewise monitor the implementation of the project and will be responsible for
community management plan (such as center management).

449. The role of Community Association (CA):

a. Organize themselves into an association registered to HLURB (Homeowners


Association)
b.
c. Participate with LGU in the negotiation with the landowner
d. Participate in technical-related workshops such as site development plan, and
designs
e. Participate in capacity building trainings that will help the organization to acquire
knowledge (i.e. financial literacy, enterprise development, estate management)

450. The CA will be assisted by a CMP-mobilizer. A CMP mobilizer refers to an organization


working with communities of informal settlers and duly accredited by SHFC whose principal
role is to assist, organize, and prepare communities for participation in the CMP (please refer
to Sec. VIII, CMP Corporate Circular 13-025).
451. For details on SHFC’s People’s Plan Approach, please see SHFC’s Community Driven
Approach for Land Acquisition and Housing, which was developed in collaboration with UN
Habitat. The community will be trained on community development and technical
development, the output of which is referred to as the “People’s Plan”.

Source: SHFC

Figure 39: SHFC's People's Plan Framework

188
452. The Environmental, Social and Right-of-way Division of the NSCR-EX PMO will submit
the master list of eligible AHs to SHFC and the LIAC for validation and assessment of census
claims. The LIAC, together with the NSCR-EX PMO will conduct consultations with the ISFs
while SHFC will conduct community organizing as part of the social preparation process prior
to relocation. The LIAC would also prepare the schedule for relocation of the ISFs and assist
the NSCR-EX PMO in issuing the Notice to Relocate.

k. Candidate Relocation Sites for Socialized Housing

453. Since DOTr prefers the People’s Plan approach in the relocation of eligible AHs in
SCRP, relocation sites cannot be finalized until community associations are formed and have
conducted planning workshops. Thus, this section will present only the candidate sites that
have been identified by either the SHFC or the LGU. SHFC selected site is off city whereby
LGU identified in city. Since SHFC has not started community organizing at the time of writing
of this report, the CA identified relocations sites will not be included in this report.

454. The table below summarizes the available candidate relocation sites for SCRP. In
terms of the number of affected ISFs, the critical areas for the development of relocation sites
are Manila, Muntinlupa, Binan and Calamba. These areas may require large sites which may
be difficult to find and acquire. The number of eligible AHs in Taguig, San Pedro and Santa
Rosa are at a manageable level requiring small to medium parcel of land, while the eligible
AHs in Paranaque and Cabuyao, may be absorbed in existing in-city relocation sites through
LGU initiative. The DED stage RAP will be prepared based on final identified resettlement
sites.

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Table 96: Identified Resettlement Site per LGU (as of January 2020)

Number of
Total Distance Water and
Non- Location of Available
LGU Area from Power Status
Landowner Proposed Site units/lots
(m2) PROW Connection
Household
Carissa Homes
2,400 home
Manila 3,522 Ph 8 22.0 km √
lots
Tanza Cavite
Makati 139 To be identified N/A N/A N/A N/A
Taguig 361 To be identified N/A N/A N/A N/A
Paranaque 38 To be identified N/A N/A N/A N/A
Muntinlupa 1,167 To be identified N/A N/A N/A N/A
Sietereales To be With site inspection and
15,600 X
Property determined appraisal report
De Castro To be With site inspection report;
31,000 X
San Pedro 277 Property determined appraisal report for review
Almariego
To be With site inspection report;
Property, Brgy. 17,000 X
determined appraisal report for review
Langgam
Catindig Property, To be LGU Appraisal: Php 8,100 m2
24,839 X
Brgy. Balibago determined Irrigated riceland
Saballas
To be
Property, Brgy. 19,436 X
determined
Sta. Rosa 424 Caingin
LGU Appraisal: Php 4,090 m2
Mane Property, To be
9,000 X Irrigated riceland
Brgy. Caingin determined
Silva Property, To be
7,085 X
Brgy. Pooc determined
To be
3,332 X For Submission of Tax
Torente Property, determined
declaration letter of consent for
Brgy. Platero To be
1,592 X inspection
determined
Binan 2,044
Gangco Property To be
9,275 X
Brgy. Canlalay determined
To be
Brgy. Dela Paz 13,347 X
determined

VI-190
Number of
Total Distance Water and
Non- Location of Available
LGU Area from Power Status
Landowner Proposed Site units/lots
(m2) PROW Connection
Household
Virginia Alzona To be
8,988 X
Property determined
Porciano Reyes
To be
Property Brgy. 16,604 X
determined
Canlalay
St. Francis Home For Submission of Tax
To be
Development, 23,797 X declaration letter of consent for
determined
Brgy San Antonio inspection
To be
Cabuyao 101 To be identified X
determined
Salandana
To be
Property Brgy. 30,000 1.7 km X
determined
Banlic
Clemente To be
50,000 1.8 km X
Property determined
Calamba 2.333
Lot 3080 and Lot
To be
1245 Barangay 50,000 1.0 km √
determined
Banlic
Adjacent Lot to To be
200,000 6.8 km √
Southville determined
Source: JDT, DOTr, DHSUD and SHFC Report

VI-191
l. Typical Housing Design and Specification

455. Under People’s Plan Approach, AHs can influence the design, floor layout, and other
specification of the housing unit not exceeding the amount allotted for housing
construction. Below are typical housing designs and specifications.

Source: SHFC
Figure 40 Left Photo Gumamela HOAI Duplex with Loft;
Right Photo Benjamin Village 8, Rowhouse with Loft

Table 97: Typical Specification for Horizontal Development Based on NHA Model
(Row House/Duplex) Specification
Exterior Wall 4” CHB/Plain Cement/Plastered/Painted
Fire Wall/Common Wall 6” CHB/Plain Cement/Plastered/Painted
Bedroom Partition 12 mm Ficem Board
Roofing 0.55mm Pre-painted Rib-Type GI Sheet
Doors Panel/Flush/PVC
Windows Glass Jalousies
Toilet and Bath Floor Finish 12x12 vetrified unglazed tiles
Plumbing WC/lavatory/shower head/brass fittings
Construction cost (as of 2018) Php 14,000/m2
Source: SHFC

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Figure 41 ALPAS HOAI; High Density Housing
Left Photo Perspective; Right Photo Actual
Source: SHFC

Table 98: Typical Specification for Vertical Development or


High-Density Housing Based on NHA Model
Bare Semi-Complete Complete
Foundation Reinforced Concrete Reinforced Concrete Reinforced Concrete
Column Reinforced Concrete Reinforced Concrete Reinforced Concrete
Beam Reinforced Concrete Reinforced Concrete Reinforced Concrete
Concrete slab on fill Concrete slab on fill Concrete slab on fill
Flooring (ground floor) on plain (ground floor) on plain (ground floor) on glazed
cement finish cement finish tile finish
Hallway & Exterior Plain cement plaster
Plain cement finish Plain cement finish
Wall with paint finish
Plain cement plaster
Interior Wall Plain cement finish Plain cement finish
with paint finish
Flush type wooden door
Flush type wooden door Flush type wooden door with pain finish
Doors (Entrance), PVC Door (Entrance), PVC Door (Entrance), PVC Door
(T&B and Balcony) (T&B and Balcony) (T&B and Balcony) with
paint finish
Glass sliding w/ steel Glass sliding w/ steel Glass sliding w/ steel
Windows
jambs jambs jambs and window grills
Pre-painted colored Pre-painted colored Pre-painted colored
Roofing metal roofing on steel metal roofing on steel metal roofing on steel
frames frames frames
Flush type water closet, Flush type water closet,
Flush type water closet
wall hung lavatory, wall hung lavatory,
Plumbing and other plumbing
shower heads and shower heads and
fixtures
other plumbing fixtures other plumbing fixtures
Stainless kitchen sink
Kitchen Counter Stainless kitchen sink Stainless kitchen sink
with glazed tiles

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Circuit breaker with Circuit breaker with Circuit breaker with
Electrical complete roughing ins complete roughing ins complete roughing ins
and fixtures and fixtures and fixtures
With ceramic tiles on With ceramic tiles on
Toilet & Bath
Plain cement finish floor & one layer of wall floor & one layer of wall
Finishes
tiles from ground tiles from ground
Concrete septic tank, Concrete septic tank,
C-purlins stairs, and loft C-purlins stairs, and loft
Others Concrete septic tank
(plywood on steel (plywood on steel frame
frame) with linoleum)
Source: SHFC
Public Rental Housing Accommodation / Facility

456. Elderly without close kin living with them and returnees will be prioritized in the public
rental housing accommodation, if available. DOTr through SHFC will coordinate with the LGUs
in the establishment of public rental facilities. The LGUs shall establish these facilities using
funds from SHFC which will recover portion of the loan after a specified number of years as
agreed with LGUs. The public rental facility shall be operated and managed by the LGUs. The
amount of rent for the first 10 years will be determined by and between DOTr, SHFC and LGU
based on the affordability of APs. Rental amount thereafter will be governed by the Rental
Control Act or any other applicable laws at that time.

Temporary Accommodation/Rental Subsidy

457. Considering the lengthy process of people’s plan approach for relocation, provision of
rental subsidy for temporary accommodation is essential in case the relocation sites are not
yet ready in time for the clearing of ROW.

458. Rental allowances will be paid directly to the APs on a monthly basis. DOTr will provide
support to AHs to set up a bank account with Landbank, so that monthly rental allowances will
be paid. The initial payment of the rental allowance will also include a deposit amount of two
months. This will facilitate financial literacy and can be support by financial literacy training
under the LRIP.

459. Due to the number of APs, rather than organizing transport from existing structures to
the temporary rental accommodation and then later to the resettlement sites, DOTr may
transfer funds to cover transport costs to the AP’s Landbank accounts.

460. To ensure that relocation does not result to any adverse impact to the lives of the APs,
holistic approach in restoring and improving their condition must be observed during and after
relocation:
(i) Prioritizing affected ISF/eligible households with elderly and PWD members at the
ground or lower levels of the relocation buildings (for multi-level relocation sites);
(ii) Program interventions must include stimulating the formation of new social
networks and reviving existing networks in a new community environment. This
includes the establishment of purpose driven community-based organizations to
meet specific community needs for livelihood, health, security, education, etc.;
(iii) National and local health program/s directed towards younger members of the
households (e.g. infants and children) such as screening for malnutrition, provision
of health supplements, child feeding, etc., will be tapped to extend assistance post
relocation.

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(iv) Transitional assistance will include opportunities for general awareness programs
such as family health and food preparation and changes in domestic practices as
a result of improved home environments;

461. Moving can also be very stressful for pregnant women and those with infant children
and their ability of women to relocate and help out during the move may be limited. Also, care
of elderly household members and those with physical and/or mental disabilities will be extra
challenging for the affected households. Such may need special targeted assistance through
the following means:

a. Priority in physical mobilization and transfer to relocation site;


b. Assisted transit to relocation site; and
c. Support case workers to assist transition process and monitor conditions. The case
workers will identify other assistance required for specific cases.

462. For off-city relocation, SHFC on behalf of DOTr will conduct consultation with the
receiving LGUs and host communities to (i) identify existing facilities and available social
services; (ii) prioritize the services and assistance that the receiving LGU and host
communities may need to be able to accommodate and manage the sudden influx of APs into
their community; (iii) and to sign a tripartite agreement between and among DOTr, SHFC and
the receiving LGU for the accommodation and integration of the APs into the host community.

463. To prevent the adverse impact of sudden increase in population, DOTr will assess the
need for assistance to the receiving LGU for off-city socialized housing sites. The need and
forms of assistance will be discussed and agreed upon with the receiving LGU to address
potential needs in health and educational services, and other social infrastructure. This will be
assessed during the updating of the RAP and reflected in the DED stage RAP.

464. The assistance to be provided must be sufficient to cover all operational expenses that
the receiving LGU may incur due to increase of population until the Internal Revenue Allotment
(IRA) of the receiving LGU increased to cover the relocatees (additional population). The
amount however, must be reasonable and proportionate to the number of APs to be relocated.
For government auditing purposes, DOTr will not provide financial assistance for the host
population of the receiving LGU, although they may use and access the facilities, equipment’s
and services provided for the relocatees using the funds of the receiving LGU for its operation.

465. Under the Local Government Code (R.A. 7160) and the Urban Development and
Housing Act (R.A. 7279), provision of socialized housing is a mandate of the local government
unit. Thus, for in-city resettlement, DOTr may not provide financial assistance to the LGU
although they may provide facilities for basic social services to augment the existing facilities
in the host barangay. Additionally, since the APs are in the same city, economic displacement
will be minimal (APs may continue working in the same company or operate their business
near their original location) and the required resources for social services is still available and
accessible to the APs.

466. There are various options for project resettlement site needs that could draw upon
existing socialized housing projects or utilize existing land stocks for housing development
purposes. In the event that new land acquisition is required to develop resettlement sites for
the project then it will be covered under the scope of the RAP with the same principle and

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entitlements.72 In the event that land is voluntarily purchased through willing-seller, willing-
buyer arrangements then due diligence will be undertaken to confirm that it conforms ADB
safeguards requirements of transparent negotiations, seller access to information on market
rates as well as third party verification.73

467. DOTr NSCR-EX PMO. DOTr NSCR-EX PMO will be responsible for coordinating with
Pag-IBIG, and in forging a MOA with them to ensure fast processing of membership and loan
application of APs. The said MOA will be drafted and signed during the Detailed Engineering
Design (DED) Stage of the project.

468. Additionally, DOTr NSCR-EX PMO will establish a system of disbursing the rental
subsidy, transportation allowance, and cost of reconnecting utility. The details of this process
will be included in the DED Stage of RAP preparation.

469. On relocation and resettlement of non-landowners, DOTr NSCR-Ex PMO will be


responsible for the following:
a. Provision of a budget for the expenses for site development and construction
of housing units for the affected ISFs by the SCRP, or equivalent budget for
existing units that will be reserved for the ISFs. The expenses will also include
the funding for the livelihood assistance of qualified families;
b. Provide the LGU its priority areas for clearing, together with the corresponding
schedule vis-a-vis the project’s implementation schedule;
c. Provide an amount to the LGU as initial funding for the post tagging and census
validation activities;
d. Provide support and assistance to the Local Inter-Agency Committee (LIAC)
and SHFC in the conduct of social preparation activities including the
expediting of pre-relocation, actual relocation and post-relocation, if deemed
necessary;
e. Assist SHFC in the conduct of community consultations with the APs and in
securing necessary clearances from concerned government agencies (e.g.
PCUP); and
f. Lead the clearing of affected structures.

470. Socialized Housing Finance Corporation (SHFC). SHFC organize the AHs into
community associations (CA) with no more than 200 member-family to ensure manageability
through their accredited mobilizers (partner NGOs). These CAs will identify their preferred site,
provide input to site development plan and agree on the type and floor plan of their housing
unit. They will be involved in all aspects of planning – thus the term, People’s Plan. These CAs
will undergo capacity building as part of community organizing and will be trained to run their
association, to implement livelihood projects and to manage their estate. Specifically, the MOA
stipulates that the SHFC will be responsible to:

a. Identify, develop and construct relocation sites for the affected ISFs by SCRP;
b. Conduct community organizing, and other social preparation works;
c. Assist the LGU in the dissemination of information to project beneficiaries on the
proposed projects to be implemented;
d. On the basis of the MOA with DOTr, undertake the relocation and resettlement of
ISFs affected by the Project;
e. Lead the development and implementation of livelihood programs for the ISFs;

72
Also refer to the RAP Gap Matrix in Chapter 4 and Fundamental Principles in Chapter 5.
73
ADB Safeguards Policy Statement, Annex 2, paragraph 25.

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f. Submit periodic report to DOTr on accomplishments including (i) Certificate of
Housing and Site Acceptance duly accomplished by the ISF relocatees or through
the responsible officer of the CA; and (ii) Certificate of Occupancy issued by the
LGU concerned;
g. Submit financial statements duly audited by its resident auditor upon completion of
the livelihood interventions for the affected ISFs; and
h. Utilize and administer the 33% of the reflows of the fund from DOTr for future
resettlement, site upgrading, house construction projects, for the benefit of the
receiving LGU in whose territory the ISFs are relocated. Another 133% will be
utilized by the receiving LGU for its future resettlement, site upgrading, and house
construction projects, provided that a satisfactory collection efficiency rating (CER)
is maintained on a per HOA account basis for at least two years after the project
take out, which will allow SHFC to scrutinize the portfolio for the benefit of the
LGUs.

471. Home Development Mutual Fund (HDMF) or Pag-IBIG. HDMF will be responsible
for the following:
a. Bulk processing of Pag-IBIG Membership of APs
b. Bulk processing of loan application of APs
c. Identify developers and determine location of Economic Housing and Medium Cost
Housing per LGU
d. Consolidate possible options in a form that can readily be presented to the APs

472. Local Inter-Agency Committee (LIAC). The tasks and responsibilities of the LIAC
are outlined in Chapter 11. The project-specific roles of each agency will be finalized upon the
signing of the Executive Order (EO) for the convening of LIAC for each city.

473. Local Government Unit. Under the Off-City relocation option, concerned LGUs
portray different roles namely the: Sending and the Receiving. On one hand, the “Sending
LGU” refers to the local government unit where the APs will be displaced from. On the other
hand, the “Receiving LGU” will be the one who has jurisdiction over the relocation site and as
such, will receive the relocated APs.

474. However, for In-City Relocation, the Sending and Receiving City LGU are one and the
same, but the Sending and Receiving Barangay LGU may be different. The delineation of
roles is important to identify the gaps that needs to be filled in the transition process.

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8. CHAPTER 8: INFORMATION DISCLOSURE, CONSULTATION AND
PARTICIPATION

475. This chapter discusses the (i) principles for consultation, (ii) project stakeholders, (iii)
mechanisms for public consultation in the different stages of the project cycle, and (iv)
activities during the project feasibility study to disseminate project information and results of
the consultation with APs. The communications strategy will be developed in consultation with
stakeholders and will be included as an attachment to the DED RAP.

476. Best practices worldwide prescribe that APs are fully informed, consulted, and
encouraged to participate in the decision-making about the project that will affect their lives.
This is consistent with ADB and JICA policies on stakeholder engagement that requires APs
to be involved in the resettlement planning process.

477. Information dissemination and meaningful consultation at the early stage provide a
good venue for APs to express their opinions, apprehensions, even objections. It allows DOTr
to address matters raised. After careful consideration, these can be incorporated in the next
study stage – detailed engineering design (DED) and preparation of updated RAP. Once this
is achieved, delays in implementation due to unforeseen conflicts are minimized, if not
avoided.

478. DOTr is giving particular attention to the need of disadvantaged or vulnerable groups,
especially those below the poverty line, the landless, the elderly, female headed households,
women and children, Indigenous Peoples, and those without legal title to land.

479. DOTr will carry out meaningful consultations with the affected persons throughout the
project cycle and ensure their participation. Meaningful consultation is a process comprising
the following elements:

(i) Begins early in the project preparation stage and is carried out on an
ongoing basis throughout the project cycle.
(ii) Provides timely disclosure of relevant and adequate information that is
understandable and readily accessible to affected people.
(iii) Undertaken in an atmosphere free of intimidation or coercion.
(iv) Gender inclusive and responsive, and tailored to the needs of
disadvantaged and vulnerable groups.
(v) Enables the incorporation of all relevant views of affected people and other
stakeholders into decision making, such as project design, mitigation
measures, the sharing of development benefits and opportunities, and
implementation issues.

480. All land acquisition and resettlement activities will be carried out with the cooperation
and assistance of APs and the local government units (LGUs). To wit:

(i) The relevant officials have been informed about the project and their
assistance will continue to be solicited in the supervision and validation of
the AP census and the inventory of affected assets.
(ii) The project implementing consultants and LGU will carry out a detailed
measurement survey (DMS) with the cooperation of APs and will inform
them of the results of the survey and the inventory prior to the finalization
of the RAP.
(iii) The preference of APs related to compensation and other resettlement
assistances will be given due consideration during the planning process.

198
(iv) Specific mechanisms for ensuring the active involvement of APs and other
stakeholders will be detailed in a tranche’s resettlement action plan which
also will include an appendix with date, list of participants, and minutes of
the consultation meetings.

481. The APs have and will continue to participate throughout various stages of the RAP
preparation and updating. This following information has been provided and will continue to
be provided:

(i) Information about the project


(v) Project designs
(vi) Schedules of implementation
(vii) Probable benefits and adverse impacts; and mitigating measures to be
taken
(viii) Compensation and entitlement packages and the schedule of disclosure
meetings on valuation
(ix) Compensation payment and entitlements
(x) Process of determining replacement cost values for compensation;
(xi) Details and explanation of the acquisition processes, including advantages
of negotiated sale over expropriation proceedings;
(xii) Compensation payment;
(xiii) Resettlement options and relocation sites. This will include information on
options and eligibility for the various forms of assisted resettlement and
self-relocation, as well as minimum standards for resettlement sites and as
much detail as available on resettlement site planning at the time the
consultations are conducted; and
(xiv) Grievances redress process.

482. A Project Information Brochure (PIB) comprising the project background and
relevant information from the resettlement action plan, including entitlements, compensation
valuation method, project implementation schedule, and the project level grievance redress
procedure will be distributed by the DOTr and explained to the APs in their language at the
DED phase, prior to finalization of the RAP and land acquisition/clearance of ROW. All
consultation meetings and information dissemination activities will be properly documented.

483. Disclosure. This RAP will also be disclosed on the DOTr, JICA and ADB websites.
The following key documents produced related to resettlement assessment, planning, and
monitoring are required to be disclosed:

(i) Draft resettlement framework and RAP endorsed by DOTr and concurred by ADB
and JICA;
(ii) Updated resettlement framework and RAP endorsed by DOTr and concurred by
ADB and JICA;
(iii) Corrective action plans prepared during project implementation, if any;
(iv) Any resettlement-related due diligence reports; and
(v) The resettlement monitoring reports

484. The project stakeholders of SCRP include the following: (i) LGUs where the alignment
traverses; (ii) landowners of lot parcels adjacent to PNR ROW; (iii) structure owners within or

199
adjacent to PNR ROW; and (iv) families residing and businesses operating within or adjacent
to PNR ROW.

485. Landowners and structure owners include the following: (i) government agencies; (ii)
government owned and controlled corporations; (iii) privately owned corporations; and (iv)
private individuals.

486. Affected families refer to those who actually reside in the affected structure at the time
of Census and Tagging (refer to the cut-off date per barangay in Appendix 8). They may
include the following: (i) legal owners of lot parcel; (ii) informal settler families (ISFs); (iii)
renters – regardless of land ownership of the structure owner; (iv) rent-free occupants; (v)
sharers; and (vi) structure caretakers. Employees of potentially affected businesses and
lessees of land, farmland or agricultural land are also among the project stakeholders covered
in this RAP.

487. Other interested parties (i.e. people or organizations who do not have direct stake at
the project but may be affected by the project to some extent) are covered in the Environmental
Impact Statement (EIS). These may include, but not limited to, Civil Society Groups (CSOs)
and Non-Government Organizations (NGOs) operating in the area.

488. Women and Vulnerable Persons. The project defines vulnerable persons as (i)
underprivileged below national poverty line; (ii) households headed by senior citizens; and (iii)
female headed households with members who are persons with disabilities. Such persons
may be at risk of being marginalized from regular consultation processes. The project will
ensure that the consultation and participation processes are inclusive of all APs. The project
will ensure engagement with local women’s groups in key project activities. In case of under-
representation or where needed, separate meetings with marginalized households, including
women, will be organized to discuss the project prior to the stakeholder consultation meeting.

489. Meaningful consultations paired with disclosure of information must be conducted with
the affected persons to guarantee their participation at all levels of project planning and
implementation. As such, the following mechanisms for consultation and subsequent
measures for information disclosure at different stages of project cycle are proposed:

Table 99: Consultation Mechanism and Information Disclosure for each Stage of
Project Implementation
Stage of Proposed Responsible Agency
Timing and Frequency
Project Cycle Mechanism Legal APs ISFs
Planning and Pre-Project Implementation
Once per LGU, prior to all field DOTr
IEC DOTr
activities
Once per LGU, prior to Census DOTr DOTr
1st SCM
and Tagging
Feasibility Once per LGU, after Census and DOTr DOTr
2nd SCM
Study Tagging
Once per LGU, after approval of DOTr DOTr
3rd SCM
Entitlement Matrix
Once per LGU, after Census and DOTr DOTr
FGD
Tagging
Once per LGU, prior to all field DOTr DOTr
Detailed IEC
activities
Engineering
Once per LGU, prior to Parcellary DOTr
Design 1st SCM DOTr/SHFC
Survey

200
Stage of Proposed Responsible Agency
Timing and Frequency
Project Cycle Mechanism Legal APs ISFs
Once per LGU, after updated DOTr
Census and Tagging and
2nd SCM DOTr/SHFC
finalization of Entitlement Matrix
(EM)
Once per LGU, between 1st and DOTr
FGD DOTr and SHFC
2nd SCM
As needed
Printed materials should inform
Posting of
APs where to address their
tarpaulin or
grievances; schedule of public
distribution of DOTr SHFC
consultation; procedure and
printed
requirements for extra judicial
materials
settlement (EJS), and inventory of
land, etc.
Project Implementation
Community Once per barangay after master BLGU, LIAC and
DOTr
Validation list validation SHFC
People’s
Planning As needed N/A SHFC
Workshops
Thrice per LGU between people’s DOTr,
Tripping LIAC and SHFC
planning workshop HDMF
Issuance of
Once per AH, after finalization of
Notice of DOTr LIAC and SHFC
design and parcellary survey
Taking
Help Desk Twice a week per LGU DOTr DOTr
Resettlement
Round Table
and Land Twice per LGU after issuance of
Acquisition Discussions DOTr N/A
NoT
on EJS
Final
Once per LGU/CA prior to clearing
Orientation
of ROW and payment of DOTr SHFC
prior to
compensation
relocation
As needed. Printed materials
Posting of
should inform APs of their rights,
tarpaulin or
critical dates (payment, clearing of
distribution of DOTr SHFC
ROW), procedure (flow-chart), and
printed
other information to help them
materials
avoid expropriation, etc.
Consultation
on Livelihood Once per Barangay LGU, prior to
DOTr DOTr and SHFC
Restoration actual relocation
Program
Livelihood Help Desk Twice a week per LGU DOTr DOTr
Restoration As needed. Printed materials
Posting of
Program should inform APs of available
tarpaulin or
livelihood and/or employment
distribution of DOTr DOTr
opportunities, skills required and
printed
schedule of skills training & jobs
materials
fair.
Posting of
As needed. Printed materials
tarpaulin or
should inform APs where to go or
Civil Works distribution of DOTr DOTr
who to contact for their grievance
printed
and complaints
materials
Monitoring Public Once per LGU, every year from
EMA EMA
and Consultation the commencement of civil works

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Stage of Proposed Responsible Agency
Timing and Frequency
Project Cycle Mechanism Legal APs ISFs
Evaluation
Post-Project Implementation
As needed. Printed materials
Posting of should inform APs where to go or
tarpaulin orwho to contact for their grievances,
Operation available livelihood and
distribution of DOTr DOTr
printed employment opportunities in SCRP
materials operation, skills required and jobs
fair.
Public Once per receiving LGU, 3 years DHSUD and
EMA
Impact Consultation after relocation EMA
Evaluation Once per relocation site, 3 years DHSUD and
FGD N/A
after actual relocation EMA
Note: Each proposed mechanism will be discussed in detail in DED RAP and will be part of a
communications strategy developed for the project.

490. To ensure APs involvement in the RAP planning process, strategies were prepared to
enable their participation through the following: stakeholder consultation meetings, socio-
economic survey, and FGDs. Care was taken to ensure that APs were able to voice out their
concerns, suggestions, and opinions freely and openly on the topics presented.

Information, Education and Communication (IEC) Meetings

491. IEC Meetings with concerned LGUs were conducted to disclose initial information
about the project, prior to any RAP-related activities. Prior to IEC Meetings, official letters were
sent to concerned LGUs to inform them about the project. During the IEC meeting, the
following information were discussed with the LGU representatives:

(i) Development Objectives;


(ii) Luzon Railway Masterplan;
(iii) Project Objectives;
(iv) SCRP Proposed Alignment; and
(v) Basic Design and Project Features.

492. Questions were addressed by DOTr representatives. Representatives from the JICA
Design Team (JDT) and ECOSYS were also present to respond to any technical issues and
concerns regarding project design and implementation of RAP activities. Suggestions and
inputs were welcomed while issues and concerns were solicited to inform basic design. LGU
officials who were present in said IEC meetings were barangay chairmen and/or
representatives, city planning officers, city engineers, city housing representatives, city
assessor’s representatives, and representatives from the Mayor’s Office. The schedules of
the IEC meetings conducted and the participants are shown in Table 100 below:

Table 100: Schedules of IEC Meetings Conducted per LGU


No. of
LGU Date Stakeholders participated
Participants
Provincial
2 – Provincial Urban and Housing
Government of 12 December 2017 2
Development Office (PUDHO)
Laguna
18 December 2017 6 – City LGU officials 6
City of Manila
21 March 2018 7 – City LGU officials 7
City of Makati 22 December 2017 5 – City LGU Officials 5

202
No. of
LGU Date Stakeholders participated
Participants
1 – City Administrator
15 March 2018 7
6 – LGU Officials
10 January 2018 6 – LGU Officials 6
7 – LGU Officials
16 March 2018 11
4 – Barangay LGU Officials
City of Taguig
7 – LGU Officials
10 September 2019 11
4 – Barangay LGU Officials
20 December 2017 9 – City LGU officials 9
1 – City Mayor
13 March 2018 8
7 – City LGU Officials
1 – City Mayor
Paranaque 11 July 2019 9 – City LGU Officials 27
17 – Other Stakeholders
1 – City Mayor
5 August 2019 7 – City LGU Officials 16
8 – Other Stakeholders
3 – Barangay chairmen
18 December 2017 9
6 – City LGU officials
City of Muntinlupa
6 – City LGU Officials
March 22, 2018 14
8 – Barangay LGU Officials
19 December 2017 3 – City LGU Officials 3
1 – City Administrator
City of San Pedro
12 March 2018 5 – LGU Officials 11
4 – Barangay Representatives
1 – City Mayor
22 December 2017 3 – City LGU Officials (Envi, 4
City of Binan
Information Office, City Councilor)
14 March 2018 13 – City LGU Officials 13
19 December 2017 6 – City LGU Officials 6
City of Santa 1 – City Mayor
Rosa 13 March 2018 7 – City LGU Officials 14
6 – Barangay Representatives
19 December 2017 1 – City Mayor 1
City of Cabuyao 4 – City LGU Officials
27 March 2018 10
6 – Barangay LGU Officials
22 December 2017 1 – Barangay Chairman 1
3 – City LGU Officials
City of Calamba 7 – Barangay LGU Officials
14 March 2018 12
2 – National Irrigation Authority
(NIA)
1 – City Mayor
Municipality of
19 December 2017 8 – Barangay Chairmen 14
Los Baños
5 – Municipal officials

493. The issues and concerns raised during the IEC meetings with various LGU officials
and their representatives are described in the table below:

Table 101: Summary of Issues and Concerns Raised During the IEC Meetings
LGU Issues and Concerns Raised Agreements and Next Steps
Trees which may be affected during clearing of Request for copy of DOTr
ROW. MOA with PNR, DSHUD,
Provincial
Conduct Engineering Geological and Geohazard SHFC, NHA and PCUP
Government of
Assessment (EGGA) for design considerations. Coordination meetings with
Laguna
Through the aid of housing coordinators, NHA for Northrail-
academe and available literatures, identify Southrail linkage project

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LGU Issues and Concerns Raised Agreements and Next Steps
historical areas, protected areas, possible
tourism enhancement areas (possible station at
Pansol to augment influx of tourists) near or
within the ROW
Old PNR Stations
There is an ongoing construction of road along Request for LGU data on
the alignment which is a project of a local ongoing projects
politician according to an LGU Official Clarification on no-build zone
area
There is a local ordinance declaring the areas
Muntinlupa City
along the fault line (west valley fault) a “no build
zone”. This is supported by a zoning ordinance
and is also incorporated in their CLUP.
Identified geo-hazards are flood, liquefaction,
seismic.
Project affected structures are the following: DOTr will update the LGU
market, school, bliss housing, between Laong about final alignment and
Laan and Espana. design.
No space for in-city relocation.
City of Manila Letter of request to convene the LIAC.
Letter requesting to halt issuance of building
permit for AHs along PNR ROW.
Check for affected drainage.
Magsaysay-Legarda area is flood prone.
Expressed concern over the sprawling ISFs in DOTr will update the LGU
San Pedro City, PNR Carmona. about final alignment and
Laguna 1.9 kilometers from San Pedro Exit to Nuvali to design.
Pacita Railway.
Previously relocated ISFs have returned DOTr will update the LGU
Many permanent/legal structures may be about final alignment and
affected in the 30 m ROW design.
Binan City, Laguna Request to move station from San Vicente to a
location near the Pavilion Mall and where a
proposed transport terminal will be located
adjacent to PNR ROW
Remaining ISFs in Santa Rosa along the PNR DOTr will update the LGU
ROW (15 m width) are 300. about final alignment and
Many permanent/legal structures may be design.
affected in the 30 m ROW width.
Request to move station from Brgy. Labas to
Santa Rosa City, Brgy. Tagapo. According to an LGU Official, the
Laguna proposed location is strategically located due to
its proximity to the Santa Rosa Multi-Purpose
Complex and other future development plans
such as the Proposed South Integrated
Terminal, Proposed Promenade and Elevated
Walk and Bike Lane.
Right beside the PNR alignment are the NIA DOTr will update the LGU
road and NIA irrigation canal. It could be about final alignment and
affected by the 30 m ROW width. design.
Cabuyao City, PNR ROW does not traverse Brgy. Gulod.
Laguna According to an LGU Official, Banay-banay is
the right Barangay to include. It is near the
Poblacion area, more populated and have
higher ridership.
Calamba City, Subdivision roads along PNR alignment in DOTr will update the LGU
Laguna Barangay 1 cannot be closed because there is about final alignment and

204
LGU Issues and Concerns Raised Agreements and Next Steps
no other access design.
There are at least 3500 ISFs along the PNR DOTr to write a letter of
alignment. request to LGUs to halt
Los Baños, Laguna LGU met with an Official of the University of the issuance of building
Philippines – Los Banos for the location of permit within the 30m
station in Los Baños. PNR ROW
A legal AP is set to construct an 8-level building Prioritize some sections for
near the alignment. parcellary survey
Paranaque City
particularly in the
proposed station location
Makati City No issues raised during IEC.
Sub-contractors to meet with
LGU officials prior to
Tanyag area has many ISFs.
actual survey and
LGU is concerned that the 30 m ROW width will
stakeholder consultation
spill over to the service road
meetings.
Bicutan Station is part of Paranaque City
Taguig City DOTr to endorse sub-
Proposed station in Bagong Tanyag area - LGU
contractors to the LGU.
has a 2 ha property suitable for station.
DOTr to provide list of
A fault line traverses PNR alignment between
activities that the sub-
Tanyag and Daang Hari.
cons will conduct in
Taguig.
Only one Barangay is affected (Paciano Rizal). DOTr to reconsider the Project
Many structures will be affected by the 30 m name.
Bay, Laguna ROW width.
Suggested to change project name (PNR Los
Banos) to include Bay in the Project name.

First Round of the Stakeholder Consultation Meetings (SCM) Conducted


during Feasibility Study

494. In the first round of stakeholder consultation meetings (SCM), the topics disclosed
include:(i) areas that the project will traverse; (ii) its components such as the stations, depot;
(iii) other features such as envisioned width of the right-of-way (ROW); (iv) description of the
RAP Study, with particular focus on the (i) basic principles of resettlement; (ii) socio-economic
survey activities; and (iii) RAP schedule of activities. At the end of each meeting, the invited
APs were encouraged to participate in the open forum to express their views and opinions.

495. Twenty-eight SCMs were conducted during the first round with a total of 5,687
participants of which 1,828 are male and 3,685 are female. The schedules of the first round of
SCM conducted in each LGU is shown in Table 102 below:

Table 102: Schedules of the First Round of Stakeholder Consultation Meetings (SCMs)
Number of
LGUs Venue Date and Time Main Participants Participants
Male Female Total
Dapitan 9:00 a.m. APs, BLGUs, DOTr 94 80 174
Sports 22 January 2018 Representatives, JICA
Complex Design Team
Representatives,
Manila City EcosysCorp, Inc.
Covered 2:00 p.m. APs, BLGUs, DOTr 114 208 322
Court, Brgy. 22 January 2018 Representatives, JICA
811 Design Team
Representatives,

205
Number of
LGUs Venue Date and Time Main Participants Participants
Male Female Total
EcosysCorp, Inc.
Sases 8:30 a.m. APs, BLGUs, DOTr 125 268 393
Covered 2 February 2018 Representatives, JICA
Court, Brgy. Design Team
803 Representatives,
EcosysCorp, Inc.
Sarmiento 8:30 a.m. APs, BLGUs, DOTr 62 96 152
Community 2 February 2018 Representatives, JICA
Center, Brgy. Design Team
592 Representatives,
EcosysCorp, Inc.
Jacinto Ciria 2:00 p.m. APs, BLGUs, DOTr 189 374 563
Cruz 2 February 2018 Representatives, JICA
Covered Design Team
Court, Brgy. Representatives,
860 EcosysCorp, Inc.
Basketball 2:00 p.m. APs, BLGUs, DOTr 97 214 311
Court, Brgy. 2 February 2018 Representatives, JICA
511 Design Team
Representatives,
EcosysCorp, Inc.
Basketball 8:30 a.m. APs, BLGUs, DOTr 21 38 59
Court, Brgy. 3 February 2018 Representatives, JICA
503 Design Team
Representatives,
EcosysCorp, Inc.
Barangay 8:30 a.m. APs, BLGUs, DOTr 101 220 321
Hall, Brgy. 3 February 2018 Representatives, JICA
368 Design Team
Representatives,
EcosysCorp, Inc.
Domingo 2:00 p.m. APs, BLGUs, DOTr 204 361 565
Santiago 3 February 2018 Representatives, JICA
Covered Design Team
Court, Brgy. Representatives,
576 EcosysCorp, Inc.
Brgy. 629 9:00 a.m. APs, BLGUs, DOTr 42 68 110
Covered 11 April 2018 Representatives, JICA
Court Design Team
Representatives,
EcosysCorp, Inc.
Aldana 2:00 p.m. APs, BLGUs, DOTr 82 145 227
Elementary 11 April 2018 Representatives, JICA
School, Brgy. Design Team
422 Representatives,
EcosysCorp, Inc.
Brgy. 473, 9:00 a.m. APs, BLGUs, DOTr 96 156 252
Algeciras 12 April 2018 Representatives, JICA
Cor. Design Team
Florentino Representatives,
Sts. EcosysCorp, Inc.
Brgy. 483, 2:00 p.m. APs, BLGUs, DOTr 67 206 273
Algeciras 12 April 2018 Representatives, JICA
Cor. Maria Design Team
Clara Sts. Representatives,

206
Number of
LGUs Venue Date and Time Main Participants Participants
Male Female Total
EcosysCorp, Inc.
4:00 p.m. APs, BLGUs, DOTr 47 75 122
Brgy. 443,
12 April 2018 Representatives, JICA
Algeciras
Design Team
Cor. Firmeza
Representatives,
Sts.
EcosysCorp, Inc.
Makati City Multi- 9:00 a.m. LGU, BLGUs, DOTr 4 2 6
Purpose 17 January 2018 Representatives, JICA
Room, 7th Design Team
Floor, Makati Representatives,
City Hall EcosysCorp, Inc.
Building 2
Covered 9:00 a.m. APs, BLGU, DOTr 14 34 48
Court, Brgy. 19 January 2018 Representatives, JICA
Fort Design Team
Bonifacio Representatives,
EcosysCorp, Inc.
Taguig City
Covered 2:00 p.m. APs, BLGU, DOTr 39 52 91
Court, Brgy. 19 January 2018 Representatives, JICA
South Design Team
Daang-Hari Representatives,
EcosysCorp, Inc.
Brgy, Hall, 2:00 p.m. APs, BLGU, DOTr 3 2 5
San Martin 17 January 2018 Representatives, JICA
De Porres Design Team
Representatives,
Parañaque
EcosysCorp, Inc.
City
United Hills 14 August 2019 APs, DOTr, JDT, LGU, 180 236 416
Village Barangay
Covered
Court
Baywalk 2:00 p.m. APs, BLGUs, DOTr 39 81 120
Covered 18 January 2018 Representatives, JICA
Court, Brgy. Design Team
Bayanan Representatives,
EcosysCorp, Inc.
Barangay 8:30 a.m. APs, BLGU, DOTr 48 87 135
Hall, Brgy. 31 January 2018 Representatives, JICA
Muntinlupa
Alabang Design Team
City
Representatives,
EcosysCorp, Inc.
Brgy. Hall 2:00 p.m. APs, BLGU, DOTr 40 74 114
Covered 31 January 2018 Representatives, JICA
Court, Brgy. Design Team
Poblacion Representatives,
EcosysCorp, Inc.
San Pedro Pavillion Hall, 8:30 a.m. LGU, APs, BLGUs, 28 66 94
City 5th Floor, San 18 January 2018 DOTr Representatives,
Pedro City JICA Design Team
Hall Representatives,
EcosysCorp, Inc.

Biñan City Biñan 2:00 p.m. APs, LGU, BLGU, DOTr 55 204 259
People’s 18 January 2018 Representatives, JICA
Center Design Team

207
Number of
LGUs Venue Date and Time Main Participants Participants
Male Female Total
Representatives,
EcosysCorp, Inc.
West Drive 8:30 a.m. APs, LGU, BLGU, DOTr 44 97 141
Covered 19 January 2018 Representatives, JICA
Sta. Rosa
Court, Brgy. Design Team
City
Labas Representatives,
EcosysCorp, Inc.
Cabuyao AVR, 2:00 p.m. LGU, APs, BLGUs, 89 53 142
City Cabuyao City 18 January 2018 DOTr Representatives,
Hall JICA Design Team
Representatives,
EcosysCorp, Inc.
LLC 2:00 p.m. LGU, BLGUs, APs, 71 127 198
Auditorium, 19 January 2018 DOTr Representatives,
Central 2 JICA Design Team
Representatives,
Calamba EcosysCorp, Inc.
City Covered 2:00 p.m. APs, BLGU, DOTr 13 61 74
Court, Brgy. 1 February 2018 Representatives, JICA
Parian Design Team
Representatives,
EcosysCorp, Inc.
Total 1,828 3,685 5,687
Source: JICA Study Team

496. The issues and concerns raised by the stakeholders during the first round of SCM are
provided in Table 103 below:

Table 103: Summary of Issues and Concerns at the First SCM


Issues and Concerns Responses
Entitlements and Rights of ISFs
Qualifications for relocation The law gives priority to homeless and underprivileged citizens
program who cannot afford to have their own house and lot.
If unit owners in the residential Beneficiaries of previous relocation programs who sold their units
buildings within the PNR and returned to informal settling are not qualified to avail or
ROW (Brgy. 811) be qualified be a beneficiary of any government housing project for 10
in the relocation program for years.
the project as they do not Clarified that eligibility of the APs to the relocation program for the
own the land project will be determined by the partner housing agency of
the DOTr.
A more detailed explanation on the qualifications of the APs to the
relocation program will be discussed in the 2nd SCM.
Entitlements of structure owners The type of land ownership must be established first to determine
the entitlements of the structure owner.
The owner will be compensated for the structure, if the land is
outside the PNR ROW.
During tagging, the structure owner will be the one to be
photographed and not the renter.
If awardees of previous NHA A more detailed explanation regarding the concern will be
housing program are still discussed during the 2nd SCM.
qualified to avail another Based on RA 7279, it depends on the reason of the awardee for
relocation of the project leaving the unit.
If recipients of a relocation It is specified in the law that awardees who sold their relocation
program through a PNR units and returned to informal settling are not qualified to avail
project who sold their units any another NHA housing program for 10 years.

208
Issues and Concerns Responses
and returned to informal All ISFs within the 30 m PNR ROW will be included in the survey,
settling along the PNR tracks even the returnees, but their qualification for another
be a beneficiary of the relocation will be decided by the partner housing agency of
housing program for this DOTr.
project The survey results will show the length of stay of the awardee in
If awardees of a housing program the unit and if the unit was put up for rent or for sale, or just
who abandoned their units plainly abandoned.
due to the poor living If the case is abandonment, it will be very different from the case
conditions in the relocation where the owner sold the unit.
site and returned to informal Since availing of a relocation has become a business, a stricter
settling along the tracks could inquiry on the true reason for abandoning the housing unit is
still qualify to the relocation being carried out by NHA.
program for the project If the awardee could prove through documentation that he or she
is not a professional squatter based on NHA standards, then
qualification for another relocation program will be
considered.
The People’s Plan will be based on the plan made by the people,
with the assistance from the partner housing agency of the
DOTr, like in this case the Socialized Housing and Finance
Corporation (SHFC).
If all the families living in one Relocation will be per household.
structure will be included in One household is defined by separate meal arrangements and
the relocation program food budget.
If financial assistance will be The legal framework of the RAP will be discussed during the 2nd
accorded to APs unqualified SCM.
for relocation
Basis of compensation for the Affected structures will be compensated at replacement cost,
structures without depreciation.
Entitlements and Rights of Renters
Qualifications of renters to Renters may avail of socialized housing if they are low-income.
socialized housing A separate interview will be conducted for the renters, and if
established that they are qualified, they will be included in the
relocation program.
Emphasized that the consultant can only recommend who are
qualified, but the partner housing agency of DOTr will decide
who are qualified and who are not.
The renters may have a higher possibility of being a beneficiary of
a relocation program.
Compensation for renters A renter has its own entitlements which are separated from the
owner.
A detailed explanation on the compensation for renters will be
discussed during the 2nd SCM.
The compensation for the renter will not be subtracted from the
compensation for the structure owner.
Issues and Concerns on the Tagging and Survey
Suggested that a coordination Informed the stakeholders that it is the standard operating
meeting with the barangay procedure of the census and survey teams to coordinate with
units be carried out by the the office of the barangay chairpersons.
Teams during the conduct of Requested the BLGUs to provide assistance during the conduct
the survey and tagging to of the tagging, census, and survey activities.
facilitate the activities
Structure owners may not be Permission will be requested from the structure owners prior to
present during the tagging, tagging.
census and survey due to Suggested to the APs to authorize their neighbors to permit the
work schedule, particularly tagging in case the owners are not present.
during weekdays Schedule of the interview could be arranged with Team on
weekends as the enumerators are staying in the area, to
accommodate APs who are working during weekdays.

209
Issues and Concerns Responses
If tagging of structures depends Clarified that the tagging will be per structure, not per household
on the number of families or per family.
living in the house Explained that structures tagged at this stage are considered
potentially affected only.
There may be additional structures to be tagged once the
parcellary survey is completed.
After the tagging, the enumerators or interviewers will start the
survey and census.
Alternative Livelihood and Restoration Program
If there will be alternative Informed the APs that there will be a livelihood restoration and
livelihood for APs who will improvement program to be included in the RAP Report, with
lose their main source of considerations to the skills of every individual.
income, like the trolley Urged the APs to provide accurate and correct information,
operators especially the questions regarding present livelihood for the
inputs would be the basis of the preparation of the livelihood
restoration program.
Temporary employment during implementation of the project is
also being considered as another livelihood program.
Trainings will be conducted by construction engineers to
qualify for the job.
Informed the APs that there is an existing law that that states that
a large percentage of the workforce should come from the
directly affected area.
Issues on the Relocation Site
Possibility of an in-city relocation, In-city relocation is the priority.
and should not be far from Option for in-city relocation will be discussed with the concerned
the present workplaces of LGUs to determine the availability of potential relocation sites
APs to avoid returning to the within the city/municipality.
tracks If there are there are no available public lands within the
city/municipality, potential sites in neighboring areas will be
considered.
Emphasized the resettlement for the project is a People’s Plan,
wherein a relocation plan will be presented to the APs for
discussion to ensure that the relocation site is acceptable to
the relocatees to achieve the no worse-off policy of ADB and
JICA;
The APs will be involved in the planning of the relocation
program.
ADB and JICA will be monitoring the living conditions of the
relocatees to ensure that the no-worse off policy is achieved
Basic social service facilities such Explained that ADB and JICA are aware of the circumstances
as water and power supply, surrounding the failure of some relocation programs and the
health center, and negative experiences of the relocatees.
educational and sanitation Related that the DOTr has already coordinated with the
facilities must be provided at Socialized Housing and Finance Corporation (SHFC), the
the relocation site housing agency that will partner with DOTr in the
implementation of the relocation program for the project.
As stipulated in RA 7279, the relocation site must have water and
power supply, educational facilities, and access.
The RAP Study as well as the agreement with SHFC will include
the budgeting for the utilities.
Explained that not only the Philippine Laws will safeguard their
rights but also the ADB and JICA standards, which must be
complied by DOTr to be able to secure the loan for the
project;
Reiterated that ADB and JICA will conduct a monitoring on the
living conditions of the relocatees to ensure that the ADB and
JICA guidelines are complied with.

210
Issues and Concerns Responses
ADB and JICA will not allow the APs to be relocated in a site
where the basic social service facilities are not provided.
ADB and JICA guidelines will bridge the gap between the
Philippine Law and the International Standards to ensure that
the APs’ rights are protected during implementation of the
project.;
Explained that condition of ADB and JICA loan is that the
guidelines of the RAP are followed.
Assured the APs that the DOTR will not relocate the APs in an
area where the basic social service facilities are not provided.
Housing units in the relocation Emphasized that DOTr’s direction is towards building a standard
areas must be decent and housing for the APs.
not sub-standard Assured the APs that a thorough study will be undertaken to
ensure that all aspects are carefully considered.
Clarified that the primary objective of the consultation meeting is
to involve the APs in the planning of the relocation program
that will best correspond to their needs.
If compensation for structures The compensation for every structure varies depending on the
dependent on the size size and type.
A more detailed explanation regarding the compensation of
structures will be discussed during the conduct of the 2 nd
SCM.
If the relocation unit is free or to Our law, and even ADB, JICA and the World Bank do not
be amortized by the recommend providing the housing program for free to
awardees encourage the beneficiaries to give value to the relocation
unit received.
The law promotes affordable housing, meaning the recipients will
be asked to pay the minimum monthly amortization that they
can afford for a certain period.
Right-Of-Way Issues
Reckoning point of the 30 m PNR Explained that the surveyors are still locating the boundary of the
ROW 30 m ROW, and it will be marked once the parcellary survey
is completed by March 2019.
Informed the participants that there are areas, where the tracks
are not in the middle of the ROW.
In areas where the tracks are in the middle of the ROW, it will be
15 m to the left and 15 m to the right for the 30 m ROW width.
Clarified that for feasibility study, tagging and measurement of the
30 m ROW width will be from the centerline of the existing
tracks, 15 m to the left and 15 m to the right, but the
measurement will be different for detailed design stage.
Basis of compensation for private A more detailed explanation on compensation of private lands will
lands be discussed in the 2nd SCM.
The latest ROW law, RA 10752 will be implemented for the
compensation of affected private properties.
Residential buildings (with 50 The 30 m ROW width of the PNR is still being established by the
units per building) in Brgy. JICA Design Team;
811, Manila City are located A coordination with the PNR and HGC will be undertaken to
within the PNR ROW determine the status of the residential building.
Possibility that the areas below The matter will be referred to DOTr as the agency may have other
the elevated railway could be plans for the areas underneath the elevated guideway.
utilized as alternative roads
Concern on Access
Raised concern on the access of Provision of alternative access to affected access roads and
residents during construction crossings are being considered in the design.
The PNR ROW will be secured and fenced after clearing to
ensure safety of public
Provision of access for residents Clarified that unauthorized access to public will no longer be

211
Issues and Concerns Responses
crossing the tracks allowed once operational;
The survey will include questionnaire regarding access, to
understand the need of the residents for access to cross over
to the other side of the tracks, and the importance of the
access that will be lost.
The RAP preparer could recommend the provision of the access
to the other side of the tracks if the purpose for crossing over
is valid, such as going to a day care or school.
Concern on the possible closure All existing legal roads crossed by the alignment such as national
of existing road crossings roads, city roads, and barangay roads will be maintained and
and public access points not closed or blocked;
Provision of alternative access to affected access roads and
crossings are being considered in the design.
Assured that the concern is being carefully studied by the traffic
engineering design team.
Timeline of the Project
Timeline of the project Stressed that the timeline of the project is tentative.
The feasibility and basic design stages are simultaneously
undertaken, which started last November 2017, and is
expected to be completed by August 2018.
It is expected that the loan agreement will be signed by
December 2018.
Construction is scheduled to start by 2019.
The target opening of the SCRP commuter is by 2022 and is
expected to have the connection with the ongoing NSCR
(Tutuban-Malolos) Project (partial operation of the project is
expected).
Concern regarding the timing of The timing of the relocation will be part of the RAP report.
the project’s implementation Students must be given consideration, and timing of the
date which might disrupt the relocation should not be scheduled in the middle of the
education of the affected school year.
students If unavoidable, there should be an arrangement between the
concerned school and the students that the affected students
can come in and go on with their studies.
The issue will be included recommendation in the RAP study.
Certainty that the project will be Explained that by 2020, the President expects that the train is
implemented already operational.
The government has already allotted funds and exerted efforts in
the project, so implementation is certain.
There will be no issue even if the administration changes, for as
long as the new administration will pursue the implementation
of the project.
Transition period allowed by the Assured the APs that they will have enough time to prepare
DOTr for the APs to fully before the actual relocation is implemented, as they will be
vacate the structures involved in the planning period.
Exact date that the affected area Based on the project’s tentative timeline, the DED will be
will be determined undertaken by August 2018.
The specific areas to be affected will be determined during the
DED stage.
Engineering Design
If the 30 m PNR ROW will be Yes, the ROW will be fenced to limit access to the public to
fenced once the railway is ensure safety.
operational Unauthorized access to the ROW will be limited.
If the railway project is elevated
Yes, and there are also some sections on embankment.
Height of the elevation The SCRP South Line is still in the design stage, and the
structure design is not final yet, so the height of elevation is
not determined yet.
Other Issues and Concerns, and Suggestions

212
Issues and Concerns Responses
Policy on salvaged materials Salvaged materials will be given to the structure owners.
Further explanation regarding salvaged materials will be
discussed in the next SCM.
Temporary shelters (tents) along Clarified that there are different categories of APs such as the
the tracks should not be landowners, structure owners, owners of temporary shelters,
included in the census and and terminals, and all these are classified as affected
tagging persons.
All APs will be interviewed.
Explained that the APs will have different types of compensations
and entitlements depending on their classification.
Concern on the possible invasion Explained that the RAP Team will not undertake the census and
of illegal settlers from tagging without the permission of the LGUs and BLGUs, and
neighboring areas due to without consultation with the stakeholders first.
speculation on potential Urged the stakeholders to be vigilant and discourage would be
relocation settlers to construct new structures in the area.
Any ISFs encroaching into the project area after the cut-off date
will not be covered under the resettlement assistance
provided under the project.

Second Round of the SCM Conducted during Feasibility Study

497. The topics discussed in the second round of SCM include: (i) areas that the project will
traverse; (ii) its components such as the stations, depot; (iii) other features such as envisioned
width of the right-of-way (ROW); (iv) legal framework of the RAP which consists of two (2)
overarching guidelines—(i) international standards based on ADB and JICA safeguard
policies and guidelines; and (ii) the applicable Philippine laws, particularly RA 10752 and RA
7279.

498. Fifteen SCMs were conducted during the second round with a total of 4,468
participants and gender disaggregation of 31% males and 69% females. The details of
schedules and participants are found in Table 104 below:

Table 104: Second Round of Stakeholder Consultation Meetings (SCMs)


Number of
Date and Participants
LGUs Venue Main Participants
Time
Male Female Total
Brgy. 811 9:00 a.m. APs, BLGUs, DOTr 228 556 784
Covered 27 April Representatives, JICA
Court 2018 Design Team
Representatives,
EcosysCorp, Inc. PNR
Representative
Brgy. 629 2:00 p.m. APs, BLGUs, DOTr 39 93 132
Covered 27 April Representatives, JICA
Court 2018 Design Team
Manila City
Representatives,
EcosysCorp, Inc. PNR
Representative
Brgy. 443, 3:00 p.m. APs, BLGUs, DOTr 34 68 102
Algeciras 30 April Representatives, JICA
cor. 2018 Design Team
Firmeza Representatives,
Sts. EcosysCorp, Inc. PNR
Representative
213
Number of
Date and Participants
LGUs Venue Main Participants
Time
Male Female Total
Aldana 8:00 a.m. APs, BLGU, DOTr 39 93 132
Elementary 31 May Representatives, JICA
School, 2018 Design Team
Brgy. 422 Representatives,
EcosysCorp, Inc.;
SHFC Representatives
484 Brgy. 2:00 p.m. APs, BLGU, DOTr 71 232 303
Hall, 31 May Representatives, JICA
Algeciras 2018 Design Team
St., Representatives,
Brgy. 484 EcosysCorp, Inc.
Brgy. 485, 2:00 p.m. LGU, APs, BLGU, DOTr 34 56 90
Algeciras 6 June 2018 Representatives, JICA
St. Design Team
Representatives,
EcosysCorp, Inc.
Brgy. Fort 8:00 p.m. LGU, APs, BLGU, DOTr 21 50 71
Bonifacio 1 June 2018 Representatives, JICA
Covered Design Team
Court Representatives,
EcosysCorp, Inc.
Taguig City Cayetano 8:00 a.m. LGU, APs, BLGU, DOTr 9 31 40
Sports 8 June 2018 Representatives, JICA
Complex, Design Team
Brgy. Representatives,
Bagumbaya EcosysCorp, Inc.
n
Brgy, Hall, 2:00 p.m. LGU, APs, BLGU, DOTr 8 25 33
San Martin 1 June 2018 Representatives, JICA
Parañaque
De Porres Design Team
City
Representatives,
EcosysCorp, Inc.
Muntinlupa Muntinlupa 9:00 a.m. LGU, APs, BLGU, DOTr 179 382 561
City Sports 28 April Representatives, JICA
Complex 2018 Design Team
Representatives,
EcosysCorp, Inc., PNR
Representative; SHFC
Representative
San Pedro Biñan 2:00 p.m. LGU, APs, BLGU, DOTr 26 46 72
City People’s 28 April Representatives, JICA
Center 2018 Design Team
Representatives,
EcosysCorp, Inc., PNR
Representative; SHFC
Representative

214
Number of
Date and Participants
LGUs Venue Main Participants
Time
Male Female Total
Biñan City Biñan 2:00 p.m. LGU, APs, BLGU, DOTr 288 571 859
People’s 28 April Representatives, JICA
Center 2018 Design Team
Representatives,
EcosysCorp, Inc., PNR
Representative; SHFC
Representative
Sta. Rosa Santa Rosa 2:00 p.m. LGU, APs, BLGU, DOTr 106 199 305
City Auditorium 25 April Representatives, JICA
2018 Design Team
Representatives,
EcosysCorp, Inc., PNR
Representative; SHFC
Representative
Cabuyao Santa Rosa 2:00 p.m. LGU, APs, BLGU, DOTr 45 21 66
City Auditorium 25 April Representatives, JICA
2018 Design Team
Representatives,
EcosysCorp, Inc., PNR
Representative; SHFC
Representative
Calamba LLC 09:00 a.m. LGU, APs, BLGU, DOTr 266 652 918
City Auditorium, 25 April Representatives, JICA
Central 2 2018 Design Team
Representatives,
EcosysCorp, Inc., PNR
Representative; SHFC
Representative
Total 1393 3075 4468

499. At the end of each meeting, the invited APs were encouraged to participate in the open
forum to express their views and opinions. A summary of the main concerns and issues raised
during the first SCMs is provided in Table 105 below:

Table 105: Summary of Issues and Concerns raised during the 2nd SCM

Issues and Concerns Responses

Entitlements and Rights of ISFs


If the recipient of previous housing It can be considered if the recipient will return the awarded
program who never occupied the unit.
unit due to its distant location Even if NHA is not the housing agency who will facilitate the
from the children’s school still relocation program, the data will still be included for
qualified to avail the relocation validation.
program The concern will be referred to the top management of SHFC
as the reason for not occupying the unit is valid.
Emphasized Section 28 of RA. 7279 Explained that the law dictates that no demolition could be
which states that there should executed if the affected persons have not been informed
be no demolition without a 30 days prior the demolition.
proper relocation The 30-day notice pertains to the Pre-Relocation Phase
Notice issued by the LGU together with the representative

215
Issues and Concerns Responses

of the Presidential Commission for the Urban Poor during


RAP implementation. It shall be served to and received by
the addressee personally. By the time the ISFs receive
said notice, all other necessary preparatory activities, in
accordance with the DED stage RAP, would have been
undertaken by DOTr, in cooperation with DHSUD and
SHFC.
The RAP requires that all APs are to be provided with
compensation and assistance prior to displacement. For
those to be physically displaced, this includes relocation
assistance.

Asked for assurance regarding the APs are protected under the law, specifically in Section 28 of
30-day rule of notice before RA 7279.
demolition
Compensation and Entitlements of Private Property Owners
When will the initial 70% payment for Based on RA 10752, the initial 70% will be paid upon the
the structures be accorded to execution of the agreement of the negotiated sale.
the owners The remaining 30% will be paid once the structure is
When the 30% balance will be paid completely demolished.
Entitlements and Rights of Renters and Tenants
If tenants are also qualified to avail a If the tenants passed the criteria for qualification, then they are
relocation program entitled to avail the relocation program for the project.
Compensation and Entitlements
The structure is divided into three (3) Sharing of the compensation for the structure will be internal
rooms between the siblings between the siblings.
Each room has its own kitchen Household heads of each room will be interviewed as there
The other rooms are being rented are three (3) separate kitchens, which qualify to the
out definition of one (1) household.
If the crops will be compensated Yes, crops are included in the items to be compensated.
Schedule of compensation of the According to R.A 1072 requirements, the initial is 70% of the
70% payment for the structures; agreement of the negotiated sale and the remaining 30%
If when the 30% balance will be paid will be paid once the structure is demolished. The RAP
provisions that will be applied to this project require that all
compensation is paid prior to displacement.
If the APs will be compensated or Clarified that compensation is paid for the affected lands and
relocated structures, while relocation will be given to qualified APs.
Issues and Concerns on the Tagging and Survey
Asked for clarification why the name Explained that the tag or sticker is for the structures only to
of the structure is written on the determine the number of affected structures for budgetary
sticker, but the renter’s name purpose.
was recorded on the interview Both the structure owner and the renter will be interviewed.
sheet The renter will be interviewed as he or she may qualify to the
relocation program for the project.
The structure was not tagged Explained that the structures are not tagged if there is no
because the owner is not consent from the owner.
present; There is a reserved control number for the structure that was
If owners of structures that were not not tagged.
tagged be qualified to the Informed the APs that there will be a second round of tagging.
relocation program Clarified that if the structure owner is qualified to avail a
relocation based on SHFC’s guidelines, then he or she will
be included in the awardees.
Assured that the Team will return to the area to complete the
tagging activity.
Schedule of the second tagging The second tagging will be undertaken during the DED when
the design is final. It will be coordinated with the barangay.
Issues on the Relocation Program and Relocation/Resettlement Site

216
Issues and Concerns Responses

Asked for confirmation regarding the Disclosed that SHFC and JDT visited the City Government of
news going around that Brgy. Calamba and conducted ocular inspections on potential
Banlic, Calamba is being relocation sites in the city.
considered as the relocation site Clarified that it is not confirmed if the areas visited were
Confirmation on the information that already purchased by the LGU.
the area has already been Clarified that JICA will only fund the civil works or construction
acquired by JICA cost for the project. The Government of the Philippines will
take care of those who have no chance to avail the ROW
compensation as well as the provision of the relocation
site/s for the APS.
Requested that the APs be relocated Explained that in the People’s Plan (PP) and Community
in an area that is not flood-prone Mortgage Program (CMP), the APs are involved in the
planning and selection of the relocation site, thus, they get
to pick the best relocation site.
Possibility that individual families There is a chance but not through CMP as it is the relocation
could apply for a loan from program chosen by DOTr for this specific project.
SHFC
If APs not associated with any
homeowners’ association here is
no chance to avail the relocation
program
If the community mortgage program Yes. The CMP is under Section 31 of RA 7279; CMP is in
(CMP) under SHFC is covered section 31.
by any law
Requested that the legal heirs of the Continuation of the mortgage will be offered first to the legal
beneficiary be allowed to heirs. If the heirs declined the offer the unit will be
continue payment of the returned to the government, and the payments made will
relocation unit in case the be forfeited.
awardee passes away
Right-Of-Way Issues
Disclosed that a clearing operation Asked if the APs were informed of the clearing operation.
of LGU and PNR along the PNR representative assured the APs that the clearing
railway in Brgy. Poblacion 1, operation will be verified with the Engineering team at
Calamba City is on-going once.
The operation affects structures built that protrude into rail line
danger zone that are hazardous to train operations. The
danger zone is 3m either side of rail track centerline. The
operation is to identify and assess the need for removal of
such structures. The assessment is conducted jointly with
DOTr to identify any tagged structures covered under the
scope of the RAP DMS.
(During the operation, tagged structures were identified but
none were required to be removed.)
Clarifications on the measurement of Explained that the 15 m on both sides from the centerline of
the ROW the existing tracks was measured for the purpose of
Feasibility Study (FS);
Added that the 30 m ROW will fit two (2) tracks as compared
to the existing single track
Concern on Access
The 30 m ROW will affect the access Provision of alternatives to affected access roads and
of the residents crossings are being considered in the design.
Timeline of the Project
Target date of project The project is still in the FS stage.
implementation to enable the Target start of construction is May 2019.
owners to decide whether to Improvements on the structures are allowed, like additional
make improvements to their protection for the rainy season.
structures The area should be cleared by May 2019.

217
Issues and Concerns Responses

Asked for confirmation if demolition Stressed that the timeline of the project is still tentative.
of structures will be carried out
by May 2019
Other Issues and Concerns, and Suggestions
Disclosed that a certain a group from SHFC has not yet undertaken any coordination activities with
the DILG Central Office the LGUs, so community mobilizers have not been sent to
distributed forms from the the ground.
Finance Shelter Foundation Emphasized that SHFC has not distributed any application
(FSF) in Brgy. Parian; forms.
FSF has an office in Brgy. Parian; When the SHF representatives touched based with the
The APs from Brgy. Parian were community, they are easily identifiable as they are wearing
forced to fill out the said official SHFC shirts with logo.
application forms, but did not Validation of the census and tagging conducted by
conform as the group did not EcosysCorp, Inc. will be undertaken before SHFC initiates
inform the LGU of such activity; its activities on the ground.
Disclosed that FSF said that it has
an available relocation site for
the APs;
Clarified if FSF is related to the
Social Housing Finance
Corporation (SHFC)

Combined First and Second SCM

500. Aside from the first and second round of stakeholder’s consultation meetings
presented above, additional series of combined first and second SCMs were conducted in the
following areas with (i) proposed station locations, (ii) depot, and the (iii) SCRP connection to
the North-South Commuter Railway (NSCR). In the combined SCM, the proposed project
details were disclosed such as (i) the area and width traversed by the alignment, (ii) location
and preliminary design of stations, and (iii) timeline of the project. The RAP activities were
described including (i) census and tagging of potentially affected structures, (ii) socio-
economic survey of households, and (iii) cut-off date for eligibility were discussed. Likewise,
the legal framework of the RAP was discussed: (i) international social safeguard standards of
ADB and JICA, and (ii) existing relevant Philippine laws, RA 10752 and RA 7279. Fifteen
SCMs were conducted for the combined first and second rounds with a total of 1,329
participants and gender disaggregation of 34% males and 66% females. The schedules and
participants of the combined SCMs are described in Table 106 below:

Table 106: Combined First and Second Round of Stakeholder Consultation Meetings
(SCMs)
Date & Number of Participants
LGUs Venue Main Participants
Time Male Female Total
APs, BLGU, DOTr
Brgy. 629
Representatives, JICA
Covered
2:00 p.m. Design Team
Court
17 May Representatives, 39 46 85
(Sta. Mesa
2018 EcosysCorp, Inc., PNR
and Paco
Representative, SHFC
Manila Stations)
Representative
City
Brgy. 473,
APs, BLGU, DOTr
Algeciras cor.
2:00 p.m. Representatives, JICA
Florentino
23 May Design Team 87 184 271
Sts.
2018 Representatives,
(España
EcosysCorp, Inc.
Station)

218
Date & Number of Participants
LGUs Venue Main Participants
Time Male Female Total
Facundo St.
LGU, APs, BLGU, DOTr
cor. Medina
8:00 a.m. Representatives, JICA
St. Brgy. Pio
25 June Design Team 34 28 62
del Pilar
2018 Representatives,
(Buendia
Makati EcosysCorp, Inc.
Station)
City
LGU, APs, BLGUs, DOTr
Magallanes
2:00 p.m. Representatives, JICA
Brgy. Hall
22 June Design Team 23 10 33
(EDSA
2018 Representatives,
Station)
EcosysCorp, Inc.
Villamin
Compound, LGU, APs, BLGU, DOTr
Brgy. 2:00 p.m. Representatives, JICA
Taguig
Western 9 July Design Team 40 46 86
City
Bicutan 2018 Representatives,
(Nichols EcosysCorp, Inc.
Station)
LGU, APs, BLGU, DOTr
Brgy, Hall,
2:00 p.m. Representatives, JICA
Parañaqu San Martin
2 July Design Team 17 9 26
e City De Porres
2018 Representatives,
(FTI Station)
EcosysCorp, Inc.
Alabang
APs, BLGU, DOTr
Barangay
8:30 a.m. Representatives, JICA
Hall
22 May Design Team 28 29 57
(Alabang and
2018 Representatives,
Muntinlupa
Muntinlup EcosysCorp, Inc.,
Sta.)
a City
Sucat APs, BLGU, DOTr
Barangay 2:00 p.m. Representatives, JICA
Hall 22 May Design Team 32 56 88
(Sucat 2018 Representatives,
Station) EcosysCorp, Inc.,
APs, LGU, BLGU, DOTr
San Pedro Representatives, JICA
San Pavillion 2:00 p.m. Design Team
Pedro (San Pedro 16 May Representatives, 7 11 18
City and Pacita 2018 EcosysCorp, Inc., SHFC
Stations) Representatives, PNR
Representatives
APs, LGU, BLGU, DOTr
Representatives, JICA
San Pedro
2:00 p.m. Design Team
Pavillion
Biñan City 16 May Representatives, 22 88 110
(Biñan
2018 EcosysCorp, Inc., SHFC
Station)
Representatives, PNR
Representatives
APs, LGU, BLGU, DOTr
Representatives, JICA
San Pedro
2:00 p.m. Design Team
Sta. Rosa Pavillion
16 May Representatives, 26 70 96
City (Santa Rosa
2018 EcosysCorp, Inc., SHFC
Station)
Representatives, PNR
Representatives
Cabuyao LLC 8:00 a.m. APs, LGU, BLGU, DOTr
4 26 30
City Auditorium, 16 May Representatives, JICA

219
Date & Number of Participants
LGUs Venue Main Participants
Time Male Female Total
Central 2018 Design Team
School Representatives,
(Cabuyao, EcosysCorp, Inc., SHFC
Gulod, and Representatives, PNR
Mamatid Representatives
Stations)
APs, LGU, BLGU, DOTr
LLC
Representatives, JICA
Auditorium,
8:00 a.m. Design Team
Central
16 May Representatives, 11 13 24
School
2018 EcosysCorp, Inc., SHFC
(Calamba
Representatives, PNR
Station)
Representatives
Brgy. Banlic APs, BLGU, DOTr
Calamba
Covered 8:00 a.m. Representatives, JICA
City
Court 25 May Design Team 54 229 283
(Banlic 2018 Representatives,
Depot) EcosysCorp, Inc.
Brgy. Banlic APs, BLGU, DOTr
Covered 9:00 a.m. Representatives, JICA
Court 13 June Design Team 25 35 60
(Banlic 2018 Representatives,
Depot) EcosysCorp, Inc.
Total 449 880 1329
Source: JICA Study Team

501. At the end of each meeting, the invited APs were encouraged to participate in the open
forum to express their views and opinions. A summary of the main issues and concerns raised
during the combined first and second SCMs is provided in the table below:

Table 107: Summary of Issues and Concerns at the Combined First and Second SCM
Issues and Concerns Responses
Issues and Concerns on RAP activities
Schedule for the census and The census and tagging schedule will be coordinated with the
tagging, and socio-economic barangay chairman.
survey (SES) The socio-economic survey will be conducted immediately
after the census and tagging.
Concern on the APs who were The APs may inform the barangay that they permit the census
not present during census and tagging to proceed, or they could give consent to their
and tagging and/or SES neighbors to allow tagging of their structure.
The APs could set a schedule of the SES with the enumerator
in instances that they are not available during the
scheduled interview.
Concern on cut-off date The cut-off date is only applicable to informal settler families.
Assigned date will be on the first day of the conduct of the
census tagging.
All structures constructed after the cut-off date will not be
included in the compensation.
Persons not residing in the direct impact area at the time of
the census and tagging, and SES will not be included in
the master list of the APs.
Treatment for multiple Number of interviews will be based on the number of
households residing in one households in the structure. A household is defined by a
structure separate kitchen and budget for food for each family.
Schedule of the second interview There will only be one interview for SCRP.
Schedule of the second tagging Explained that the second tag is an indication that the

220
Issues and Concerns Responses
structure is certainly affected by the project. In addition,
the sticker of the second tagging will not have a white
background (like the first tag). APs will be notified ahead
of time before the tagging.
Schedule of the next meeting The barangay heads will be notified at least a week ahead
prior to the meeting.
APs who indicated their contact details in the attendance
sheet will be notified through SMS.
On Project Coordination
If the project has been approved DOTr confirmed that the project has been approved by NEDA
by NEDA and is included in the Philippine Development Plan (2017-
2022).
If the LGU is consulted about the Information Education Communication (IEC) Meetings have
project been arranged before going in the barangay level.
The concerned LGU is also aware of the SCMs being
conducted on-ground, especially concerned departments
such the planning office and the local housing office, as
they are also invited to the meetings.
The LGU is also extending its assistance to the project
through identification of possible relocation sites.
On the Timetable of the Project
Possible length of remaining stay Construction is scheduled to start on May 2019.
in the current location of ISFs
The remaining time for the The issues and concerns are noted.
property owners to prepare The property owners will be given adequate time to prepare
the necessary documents the necessary documents required to facilitate the
required may not be enough, payment.
particularly for properties with
tax issues and ownership
concerns
On Relocation
Possible length of remaining stay Construction is scheduled to start on May 2019.
in the current location of ISFs
The housing partner of the The housing partner of DOTr for the SCRP is the Social
Department of Transportation Housing Finance Corporation (SHFC).
(DOTr) for SCRP
Possibility of in-city relocation In-city relocation is priority. However, if there is no available
land in the area, vertical relocation (medium-rise building)
may be considered.
If horizontal relocation is preferred, available lands in the
nearby areas could be considered.
If renters could avail the Renters could avail the relocation program if they qualify the
relocation program criteria from RA 7279 Section 16. Their qualification will be
evaluated by SHFC.
If the association will construct Not necessarily but they have the option. Details like this will
their own relocation (ISF) be planned by the association with SHFC.
They will be consulted for the internal arrangements of the
relocation unit.
If those residing in relocation If the AP has the title of the unit, they will be considered as
sites who are affected by the private owners
project will be recognized as The issue will be referred to DOTr
private owners, renters, or
ISFs
Asked for assurance that they will Answered that the loan for the project will not be signed if the
receive relocation relocation for the affected persons will not be executed
properly;
Demolition will not be permitted unless the relocation site is
ready for occupancy;

221
Issues and Concerns Responses
JICA and ADB will be actively monitoring the relocation so the
APs shouldn’t worry
If they are not qualified for the They could apply for the next bracket of housing assistance
relocation (via Pag-IBIG or SSS)
Age restriction of Pag-IBIG There is a proposal to remove the Pag-IBIG age restriction—
giving the option to the child/children of the owner to
continue paying if ever the original awardee is unable to
continue the payment
Transfer of business and The government will provide assistance for the transfer, as
business equipment well as provide a list of options
Private property owners The list of available properties in the city or in the neighboring
requesting for assistance in cities will be given to private owners to assist in relocating
the relocation since ISF will
receive assistance
On Engineering Design
Width of the alignment; For the purpose of the FS RAP, the main tracks will be 30
Centerline and exact boundaries meters wide;
of the PNR ROW The 15 m-15 m (30 m ROW width) on both sides will be
reckoned from the centerline of the existing tracks in the
absence of an established ROW and centerline of the
PNR.
The relocation survey is currently being conducted to
determine the centerline and the boundaries of the PNR
ROW.
If there is a possibility that the 30- 30 m width will be the maximum ROW for the main tracks, as
m and the 60-m ROW for the well as 60 m ROW width will be the maximum for the
main tracks and the stations, stations
respectively be extended due
to unexpected design
changes
Size of the station Standard stations will measure 60 m in width x 250 m in
length.
If the current station will be used Most of the stations will be elevated. The stations will be
as the new station located near or in the same areas as the current stations
as presented in the power point.
If there are future development DOTr has disclosed that the stations are planned to have
plans given the enormity of intermodal transportation terminals for easy transfer of
the of the required ROW for commuters. Other stations are also seen as connections
the stations to different government projects such as the North South
Commuter Railway (NSCR) and the Metro Manila Subway
Project (MMSP).
A larger station is also needed to accommodate the expected
high volume of ridership
Plans on the area beneath the DOTr is planning to develop the area below (current PNR) to
guideway be a transportation line for freight
Elevation of the guideway from As the project is still in the feasibility stage, the height of
the ground guideway is not determined yet.
Length of the train Eight to ten cars are planned to operate per train with
provision for additional cars in the future.
Station utilities and features DOTr assured the stakeholders that all the considerations for
Requested to consider the safety the safe access and mobility of the PWDs are included in
access and mobility of the the design as it is guided by international standards. In
persons with disabilities addition, gender-segregated comfort rooms will also be
(PWDs) especially those with provided.
sensory disability to the
stations
Possibility of relocating the Informed the stakeholders that the size of the station may still
station or alignment to other be reduced as the design is not finalized yet.

222
Issues and Concerns Responses
areas (this concern is raised The proposed alignment maximizes the current PNR ROW.
during the SCMs for all Going farther than the PNR ROW will result to a larger
stations, as the private ROW acquisition.
property owners are strongly There are possibilities in moving the stations but only by a few
opposing the location of the meters. Moving the proposed station locations will be
station in their area) based on the results of the feasibility study.
The depot in Brgy. Sucat is proposed to support the future
long-haul train. Brgy. Sucat is the most optimal location
according to previous studies.
Issues and Concern on the Compensations and Entitlements
If it’s possible to claim the Yes, occupancy on the property will not affect the claiming of
compensation for the land compensation. As long as the property has a clean title,
property and structure even if the owner of the property could claim the compensation
nobody is currently residing
in the property
Asked if when will the A letter offer from the DOTr will be sent to the owners as the
compensation amount for the information is confidential. The owners will be given thirty
property be disclosed (30) days to indicate their response to the offer. The letter
Disclosure date offer will be sent during the DED stage.
Schedule of the release of initial For land property, the initial payment will be 50% of the
payment negotiated amount. Once the title is transferred under the
name of the government or the Implementing Agency (IA),
the 50% balance will be paid to the property owner.
The structure will be paid with 70% of the total estimated
amount based on replacement cost.
The remaining 30% balance will be paid once the area is
cleared and structure is completely demolished.
Entitlements of those who will not Entitlements will be discussed during the third stakeholder
qualify on the relocation consultation meeting.
If the business owners will be At present, there is no law that will provide for the
compensated for income loss compensation of income loss. Since the project is
internationally funded (JICA and ADB), additional
compensations and entitlements not provided by the
national law may be considered and accorded to the APs.
Entitlements and compensation packages will be discussed
during the third stakeholder consultation meeting.
Issues and concerns regarding the homeowner’s association (HOA) to be formed for
community mortgage program (CMP)
If the APs will organize the HOA Community organizers from Social Housing Finance
by themselves Corporation (SHFC) will go on-ground to assist the
community in forming the homeowners’ association.
If the APs can organize ahead Yes, but it will be better to wait for the community organizers of
SHFC.
If organizing a HOA is Only organized communities or homeowners’ associations will
compulsory be allowed to apply for the CMP. No individuals or
individual families will be accepted for a loan.
Maximum number of members SHFC has answered that current ceiling for membership per
association is two hundred (200). However, there is a
proposal to increase the ceiling to accommodate the large
number of APs of the SCRP.
If their current HOA could be Yes, but the community organizers of SHFC will still have to
recognized by SHFC meet with them.
Environmental Issues and Concerns
Raised concern on the flooding Assured that the flooding concern in the area will be
problem in the location of considered in the in the final design of the project.
proposed EDSA Station in
Brgy. Magallanes, Makati City
Informed that MERALCO pays DOTr responded that a meeting with Meralco has decided that

223
Issues and Concerns Responses
PHP10,000 every month to Meralco will be the one to move the electric post.
the property owner as rent for
the location of the post
Extrajudicial Settlements
Owner of land is deceased The legal heirs will have to process the transfer of title through
extrajudicial settlement. This is required as the
government will only transact and compensate the
property owner.
If the transfer of title will be The transfer of title to the government will be covered by
covered by the government DOTr. Transfer from deceased owner to the legal heirs will
be covered by the APs.
Land Property and Structure Issues
Stated strong opposition to the It is not publicized but the plan is to use the area for the South
location of the Sucat Station Long Haul (Bicol bound) interchange, not for the SCRP.
in the old Sucat Thermal Clarified that the original proposal was to put the depot in
Power Plant that would result Laguna.
to the realignment of the rail The feasibility study (FS) found out that it will be better to have
tracks and entail extensive a stop in Sucat since the next depot will be in Valenzuela
displacement of residential City.
houses and private properties The project is still in the FS stage and the design is not final
in Brgy. Sucat and Buli, yet.
Muntinlupa City The suggestion is noted and will be related to DOTr for
Suggested that the Posadas consideration.
Property be considered for
the location of the station
Expressed strong opposition to The location of the proposed España Station in the area is not
the location of the proposed final yet as the project is still in the FS stage. The final
España Station in Brgys. 472 location of the station will be determined during the DED.
and 473, Manila City
Suggested that the station be
located in areas where less
properties and structures will
be affected
The areas to be affected by the The concern will be related to DOTr for further verification.
SCRP alignment in Brgy. 186
is owned by the Manotoc’s
and is now subject to
expropriation by the Manila
City LGU
Disclosed that property will be
utilized for socialized housing
project, in which the
beneficiaries are the
residents in the area
Disclosed that most of the The concerns were noted and will be related to DOTr;
residents in Brgy. 348 and DOtr will closely coordinate with the Manila City LGU to
349 do not have legal rights resolve the issues and concerns surrounding the
to the land; ownership of the property in question.
The property is previously part of
owned by the PNR but the
ownership was later
transferred to the Manila City
LGU. The Manila City LGU
allowed occupancy of the
residents.
If owners would be allowed to If the owner chose not to sell the whole land property to the
develop the remaining part of government, they have the freedom to develop the
the of the property after the remaining portion of the property.

224
Issues and Concerns Responses
acquisition
If the households of subdivided They could avail the relocation as long as they were
structures could avail the interviewed in the SES and they qualify the criteria for
relocation program for the relocation. Compensation for subdivided structures will be
project accorded to the owners.
The owner of the property is The owners abroad could issue a special power of attorney to
abroad (OFW) the person who will be handling the acquisition.
The proof of ownership is the Advised to keep the deed of sale.
deed of sale only, not the title
The title should be transferred under their name for them to
receive the compensation, especially since the direct
person DOTr will transact with is the one listed in the tax
declaration from the City Assessor.
Only a small portion will be The small portion could be acquired through easement of
affected by the project ROW agreement. In the easement agreement, the owner
will grant perpetual use of the strip of land as ROW to the
implementing agency, and the owner will keep ownership
of the land.
The strip of land acquired will be compensated based on BIR
Zonal Valuation. The title will be annotated, defining the
part of the property used as ROW.
All structures and improvements affected within the strip of
land acquired will be compensated based on replacement
cost.
The owner has the option to keep the remaining land
especially if it is still economically viable.
If more than eighty percent (80%) will be acquired, the owner
has the option to sell the whole property.
Issues concerning affected persons
Consideration for the NHA-MRB If the land is part of the ownership, compensation will be
unit owners in Brgy. 185, 162, accorded to the individual owners, by unit.
and 161 who are paying Fully paid unit owners will be compensated for the unit.
monthly amortization The owners, who have little amortizations left, are advised to
pay the remaining amortizations to claim ownership to the
unit. Compensation would be based on replacement cost
of the units, so the owners can recover the payment
made.
For those who still have a huge sum to pay, the total
amortization amount paid will be reimbursed and the rest
will be accorded to the NHA, as the agency still possess
ownership to the unit.
DOTr will be coordinating with NHA to discuss the
arrangements and resolve the concerns.
The consultations will be continuous, so the stakeholders will
be updated on the discussions between the DOTr and
NHA.
Expressed concern on the The concern is noted.
possibility that their Admitted the challenge posed by the housing buildings of NHA
established residence in the to the project.
NHA MRBs will again be Reiterated that the relocation survey is currently being
subjected to displacement undertaken and the alignment and its ROW are not final
yet.
If awardees whose structures will The concern will be referred to JICA and DOTr.
be affected by the project be
considered private owners or
ISFs

225
Third Round of Stakeholders Consultation Meetings

502. The third round of SCM was conducted from 21 to 28 August 2018 for both legal and
ISFs APs. During the consultation meetings with stakeholders, DOTr presented the project
updates, explained the Entitlement Matrix and the Livelihood Restoration and Improvement
Program (LRIP), while for the ISFs APs, SHFC presented the relocation process and options.
Sixteen SCMs were conducted for the third round with a total of 7,778 participants and gender
disaggregation of 34% males and 66% females. The schedules and participants during the
third round of SCM are presented in Table 108 below:

Table 108: Schedules of the Conduct of the Third SCM


Number of
LGUs Date and Participants
Venue Participants
Time
Male Female Total
San Pedro Legal APs,
City, Santa DOTr Representatives,
Rosa City, 8:00 a.m. JICA Design Team
Santa Rosa
Biñan City, 18 August Representatives, 42 72 114
Auditorium
Cabuyao City 2018 EcosysCorp, Inc.,
Calamba City PNR Representative,
ADB Representative
Santa Rosa ISFs,
City DOTr Representatives,
JICA Design Team
1:00 p.m. Representatives,
Santa Rosa
18 August EcosysCorp, Inc., 87 269 356
Auditorium
2018 SHFC Representative,
PNR Representative,
ADB Representative

Manila City ISFs,


8:00 a.m. DOTr Representatives,
Dapitan Sports
20 August JICA Design Team 285 511 796
Complex
2018 Representatives,
EcosysCorp, Inc.,
ISFs,
1:00 p.m. DOTr Representatives,
Dapitan Sports
20 August JICA Design Team 137 303 440
Complex
2018 Representatives,
EcosysCorp, Inc.,
Taguig City, Legal APs
Paranaque Cayetano DOTr Representatives,
City, Sports Complex, 8:00 A.M. JICA Design Team
Muntinlupa Burgee. 21 August Representatives, 50 68 118
City Bagumbayan, 2018 EcosysCorp, Inc.,
Taguig City PNR Representative,
ADB Representative
Taguig City, Cayetano ISFs
Paranaque Sports Complex, 1:00 p.m. DOTr Representatives,
City Brgy. 21 August JICA Design Team 88 157 245
Bagumbayan, 2018 Representatives,
Taguig City EcosysCorp, Inc.,
Manila City Dapitan Sports ISFs
Complex, 8:00 a.m. DOTr Representatives,
Instruction St., 22 August JICA Design Team 422 771 1193
Sampaloc, 2018 Representatives,
Manila EcosysCorp, Inc.,

226
Number of
LGUs Date and Participants
Venue Participants
Time
Male Female Total
Dapitan Sports ISFs
Complex, 1:00 p.m. DOTr Representatives,
Instruction St, 22 August JICA Design Team 169 308 477
Sampaloc, 2018 Representatives,
Manila EcosysCorp, Inc.,
Legal APs
Dapitan Sports DOTr Representatives,
Complex, 8:00 a.m. JICA Design Team
Instruction St, 23 August Representatives, 157 271 428
Sampaloc, 2018 EcosysCorp, Inc.,
Manila PNR Representative,
ADB Representative
Legal APs and ISFs
Carmona Sports
1:00 p.m. DOTr Representatives,
Complex,
23 August JICA Design Team 53 56 109
Arpilleda, Makati
2018 Representatives,
City
EcosysCorp, Inc.,
Calamba City Don Jose ISFs,
Homes Project 8:00 a.m. DOTr Representatives,
Covered Court, 24 August JICA Design Team 197 473 670
Brgy. Banlic, 2018 Representatives,
Calamba City EcosysCorp, Inc.,
Don Jose ISFs,
Homes Project 1:00 p.m. DOTr Representatives,
Covered Court, 24 August JICA Design Team 186 382 568
Brgy. Banlic, 2018 Representatives,
Calamba City EcosysCorp, Inc.
Biñan City ISFs,
DOTr Representatives,
Alonte Sports
8:00 a.m. JICA Design Team
Arena, Zapote
27 August Representatives, 266 645 911
Street, Biñan
2018 EcosysCorp, Inc.,
City
SHFC Representative,
PNR Representative,
Muntinlupa Legal APs and ISFs
City DOTr Representatives,
Brgy. Sucat 1:00 p.m. JICA Design Team
Covered Court, 27 August Representatives, 350 567 917
Muntinlupa 2018 EcosysCorp, Inc.,
SHFC Representative,
PNR Representative
San Pedro ISFs
City, DOTr Representatives,
Muntinlupa Pacita 8:00 a.m. JICA Design Team
City Astrodome, San 28 August Representatives, 91 225 316
Pedro City 2018 EcosysCorp, Inc.,
SHFC Representative,
PNR Representative
Cabuyao City ISFs,
DOTr Representatives,
2:00 p.m.
Cabuyao City JICA Design Team
28 August 50 70 120
Hall AVR Representatives,
2018
EcosysCorp, Inc.,
PNR Representative
Total 2630 5148 7778

227
503. As summarized, the issues and concerns of ISFs, renters and sharers from the third
round of SCM are presented in Table 109 below:

Table 109: Summary of Issues and Concern of ISFs, Renters and Sharers during the
Third SCM
Issues and Concerns Responses
Inquiries on the project details
The timetable of the project Relocation will start processing on April 2019. The
construction will be in May 2020.
Advised to process the documents needed to fast
track the payment on the compensation.
If the 30 m ROW width will extend There will be no additional measurements beyond 30
m ROW width except for the stations which will
have 60 m ROW width.
Concerns on the RAP Activities
Structure was tagged but they were not The household head might have been unavailable
interviewed for the socio-economic when the census team conducted the survey in
survey (SES) their area.
The master list is not final and not all in the master
list will be given a relocation unit.
Requested free transportation for the
Transportation will be provided for barangays far
next stakeholder consultation
meetings from the venue.
The possibility of being interviewed after
There will be no entitlements since they moved in
the cut-off date since they just
moved in after the cut-off date.
Questions regarding the relocation and the socialized housing program
If two households under one structure Availing the socialized housing depends if the
were interviewed, will both of them household will qualify the criteria of Socialized
get a relocation program Housing Finance Corporation (SHFC).
If the relocation will be given for free The funding organizations would like to give a sense
of value to the housing awards.
The beneficiaries will still have to pay the monthly.
If the homeowner’s association is SHFC’s mobilizers will go on ground to help the
mandatory community be organized. SHFC will only grant
the loan to organized communities.
Maximum loanable amount Maximum loanable amount is ₱450,000.
How to be a member of Pag-IBIG They will have to pay the two years’ worth of
membership to become a new member.
Asked about the monthly amortization of Still in discussion with the concerned agencies.
the relocation
How many square meters will the The size of their relocation depends on the decision
relocation be and the plan of the HOA.
If they could still be beneficiaries of the Yes, but they will have structure they own is more
socialized housing if their structure than the loanable amount of SHFC (₱450,000),
will be paid for compensation they could be assisted to apply a loan to Pag-
IBIG.
Available in-city relocations Most feasible in-city relocations are in the form of
medium rise buildings
If those who illegally occupied a They will also have their own entitlements. If they are

228
Issues and Concerns Responses
structure could qualify for the interviewed, they will be included in the master
socialized housing list to be validated by SHFC.
Requirements and deadline of The beneficiary should be a Filipino Citizen, Informal
application to SHFC Settler and belonging to low-income bracket, 18
to below 60 years of age, has not availed of any
government housing program, and not a
“professional squatter”.
Emphasized that awardees of previous government
housing projects cannot avail of the project’s
housing program anymore. No double availment.
The CMP will not entertain individual applications.
They could file for claiming the compensation once
they receive the letter offer.
If those who availed through Pag-IBIG As long as they are in good standing.
before can avail again
Concerns on the possible monetary compensations
Compensation for crops and livestock All crops with commercial value will be compensated.
The livestock will be relocated with the owner.
Asked if there will be a financial The expenses during self-relocation will be
assistance for those who will self- shouldered by the government.
relocate Those who will self-relocate are required to have
secured shelter.
Softloan They will be given the list of those who are offering
soft loans—from the LGU and from small
corporations, etc.
If it’s alright to use the compensation for As long as the shelter is secured before moving in.
rent only and not avail a new shelter
since she’s old already

504. As summarized, the issues and concerns of legal APs from the third round of SCM are
presented below:

Table 110: Summary of Issues and Concern of Legal APs during the Third SCM

Issues and Concerns Responses


On project specifics and project updates
Start of construction Construction starts on the second quarter of 2020.
Start of processing the relocation Relocation starts one year ahead of the
construction (second quarter of 2019).
If the 30 m ROW width alignment is final The 30 m ROW width alignment is the proposed
study area for the project. The final
measurement of the alignment will be finalized
after conducting the parcellary survey.
Concerns regarding RAP activities
The structure was not tagged Their structure might not be tagged because (i)
they were unavailable during the tagging, (ii)
they refused to the tagging of their structure or
(iii) they are not included in the potentially
affected structures.
A control number was reserved for them.
Households who were not interviewed If they were not interviewed because they were not
available when the enumerators went on
ground, the household head could go to the

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Issues and Concerns Responses
barangay and get a certificate of residency.
When the second tagging comes and their structure
will surely be affected by the project, they will
be interviewed so that they can be included in
the SES master list and the database of the
project.
Monetary Compensation
Price range of market value Market value will differ from property to property as
it will be appraised according to its
development and characteristics.
The appraisal will be done by licensed independent
property appraisers (IPA).
The compensation for the structure and the land The IPAs will appraise the affected structures
might not be enough to buy a replacement during the Detailed Engineering Design
property considering that the owner needs to buy a
replacement for their property.
How to avail the rental subsidy The rental subsidy will only be applicable to those
who will
Entitlements of businesses
Premature effect of the project disclosure to Owners could convince renters attempting to leave
their businesses (e.g. renters leaving due to that they have a separate entitlement from that
uncertainty brought about by the project) of the owner.
The income loss brought about the project
disclosure will not be covered or replaced by
the project.
Their structure is their only source of income Income loss will be compensated for a maximum of
six months during transition.
Possible business and job opportunities The affected persons have the right to first offer—if
there are business spaces and opportunities or
job openings within the project, its alignment
and its stations, the APs will be prioritized.
Business permit is denied due to the project Since the project measurements are not yet final,
some LGUs have taken the liberty to pause
any developments in the area near the PNR.
Entitlements of residential private property owners
Possibility of replacing their property with DOTr will assist the owners and present them the
another property instead of monetary available properties within or near their city
compensation
Landowner but not interviewed for the socio- It is alright if the owner was not interviewed. The
economic survey owner’s details will be taken from the LGU
since they are the registered owner
Why there is a Pag-IBIG option for legal owners The national law will only compensate the property
to the owner. Private property owners will still
be being assisted if they will avail through Pag-
IBIG.
They could avail through Pag-IBIG loan if the AP
chose assisted relocation rather than self-
relocation.
Legal owners may apply for Pag-IBIG loan if for
example, they want a bigger property and that
the compensation for their property is not
enough to pay for the new property
Who will reconstruct the part of the structure Since the owner will be compensated for the
which will be affected partially affected area, the owner will shoulder the
reconstruction
On implementation of the entitlement matrix

230
Issues and Concerns Responses
Doubts the capacity of the government to Assured the APs that ADB and JICA will actively
deliver the promises in the entitlement monitor the implementation of the project.
matrix The proper implementation of the relocation of the
APs is part of the conditions for the loan
agreement that will be signed on December
2018.
Concerns regarding the property titles
Subdivision of the mother title of community Reminded the APs that the title is needed to be
mortgage programs compensated for the land.
The subdivision of the mother title of CMPs will
only be done after all members have paid their
loaned amount.
The developer should process the transfer of titles.
Regarding the case of the Home Guarantee
Corporation and San Jose Builders in Manila,
concerned agencies and organizations will
discuss the issue on the ownership of units in
the medium-rise buildings.
Have purchased land/property and the title of The new owner should process the transfer of title
the property has not been transferred yet early on since the compensation will only be
paid to the person whose name is indicated in
the title.
APs to keep all transactions and agreements
between them and the seller.
Questions on the housing program
If structure owners could be included in the They can be included if they will qualify in the
socialized housing program criteria of the project’s housing partner—
Socialized Housing Finance Corporation.
SHFC will be validating the master list compiled for
the North-South Commuter Railway Project—
South Line.
Suggestions on information dissemination
Notice for the upcoming meetings did not reach Aside from the letters sent to the barangay
them chairmen, text message reminders were also
sent to the APs.
Those who have not received text reminder may
provide their mobile numbers in the attendance
sheet for notification on upcoming meetings.
Requests on providing pamphlets, information The suggestion is noted. The entitlement matrix is
materials, or handouts that the APs can in the RAP document and will be uploaded in
take home so that they could review the the websites of JICA and ADB.
entitlement matrix

505. The focus group discussions (FGD) were conducted as part of the consultation with
selected affected households in all cities of the project. This was undertaken to discuss issues
arising from the data gathered from the SES and in the preparation of the LRIP and relocation
plan. Two focused groups were conducted: (i) the affected business sector, and (ii) affected
vulnerable sector. Separate discussions were held for the business and vulnerable groups to
gather their inputs on livelihood and resettlement. The outputs of the FGD were considered in
the compensation and entitlement matrix.

506. FGD with Affected Business Sector. Eight FGD sessions were conducted with a select
group of affected business owners in the cities of Laguna and Manila. The participants were
taken from the list of business respondents of the SES in the affected communities. The

231
selection criteria for FGD participants were based on sectoral, age, and gender representation.
A total of 60 persons participated in the FGD sessions comprising 32% males and 68 females.
The FGD schedules and breakdown of participants are found in Table 111 below:

Table 111: Dates, Locations and Participants of FGDs


LGU Date Venue Male Female Total
City of Calamba DILG Multipurpose Hall, New City Hall 3 3 6
24 April 2018
City of Cabuyao Cabuyao Central School 5 9 14
2 Conference Rooms: Office of the Mayor,
City of Biñan 2 8 10
City Hall
23 April 2018
City of Santa
Rooftop, Labas Barangay Hall 3 8 11
Rosa
City of San
Mountview Hall, San Pedro City Hall 0 3 3
Pedro
26 April 2018
City of
Tunasan Bulilit Center 5 4 9
Muntinlupa
City of
Parañaque 25 April 2018 Conference Hall, 7th Floor, SM Aura 0 1 1
City of Taguig
City of Manila 15 May 2018 SACES Covered Court, Brgy. 803, Manila 1 5 6

507. Topics for discussion were centered on the FGD participants’ apprehensions regarding
acquisition of properties in relation to their respective businesses, their concept of livelihood
restoration and improvement, and their ideas on possible project benefit-sharing schemes that
will be acceptable to them.

508. The participants from the affected business sector expressed their apprehensions on
the impact of the relocation to their businesses such as loss of income, loss of regular
customers, and the difficulty of finding a space and re-establishing their business in a new
location. To help them restore their income stream, business owners expect cash
compensation for the loss of land and structure, transitional allowance, as well as the provision
of loan as additional capital to re-establish their business. Access to skills training
opportunities on how to run a business would also be a tremendous help to small business
owners and ensure the success of their business. As to project benefit-sharing, business
owners expect to be allocated a space to sell during construction and operation of the project.
Some businesses also expect to be given a chance to participate in the bidding process to
supply construction materials and other stuff needed for the project. What they considered as
deal breakers were the inability of the government to pay on-time, corruption, no consultation
with APs on project-related decisions that affect them, and too many project-affected-persons
and businesses to support which may affect budget. The FGD results are summarized in Table
112 below:

Table 112: Summary of FGD Results with Affected Business Sector


Guide Questions Responses
1. On the business side - What are Might lose business and income source
your apprehensions and How to replace and re-establish business
concerns regarding acquisition of No other source of income
your property? What portion of the property will be affected?
Disturbance to our newly built business
Financial burden to rebuild portion of our business
structure
Loss of regular clients/customers
Where to relocate and what is the situation in the new
area
Too expensive to rent space
How it would affect the business and their lives

232
Guide Questions Responses
2. What are your expectations Capital to look for, buy, rent space for business and
regarding livelihood restoration rebuild workspace
and improvement? Cash compensation for affected land and structure
Transitional allowance while re-establishing business
Assistance in establishing alternate business
Skills training (e.g. how to operate business, learning new
skills and new business, product diversification)
Provision of alternative space to re-establish our shop
preferably in populated areas. If we are qualified to
be relocated this would be better.
3. What possible project benefit During Construction
sharing schemes can you Opportunity to put up canteen/eatery in the construction
suggest? site
Opportunity to apply for jobs/become sub-contractor/bid
During Construction? for projects
During Operation? During Operation
Opportunity to rent commercial space at train station
Opportunity to enter into business contracts with the
project implementer to supply materials (i.e.
hardware)
4. What is your expected timeline During Construction
for this? When construction commences
During Operation
During Construction? When operations start
During Operation?
5. What do you consider as “deal If the project doesn’t proceed
breakers” for the schemes Government’s inability to pay on time (difficult to conduct
presented? business with government)
No consultations with the affected communities in
whatever project-related decisions the government
makes
Corruption- cash compensation and/or financial support
doesn’t reach affected business owners
Too many affected people and businesses for the
government to support. Just compensate us for the
loss of business structure along with financial support
so we can re- establish on our own.

509. FGD with Affected Vulnerable Sector. The FGD sessions with vulnerable sectors were
conducted to determine their apprehensions and concerns regarding the displacement of their
communities from their respective sources of livelihood. The sessions aimed to understand
their concept of livelihood restoration and improvement as well as other possible entitlements
that will be acceptable to them. Apart from livelihood, discussion covered the identification of
their relocation site preference.

510. The FGDs were conducted in the cities of Binan, Cabuyao, Calamba, San Pedro, and
Sta. Rosa in Laguna and Muntinlupa, Paranaque, Taguig, and Manila in Metro Manila. Since
there are only a few affected households in the cities of Taguig and Paranaque, participants
for both cities were combined in one session. Participants were selected from the list of
respondents of the SES. Criteria for selection of participants were based on sector, age, and
gender representation. A total of 189 persons participated in the FGD sessions comprising
28% males and 72% females. The FGD schedules and breakdown of participants are found
below:

Table 113: Date, Venue, and Participants, by City


LGU Date Venue Male Female Total

233
City of Calamba April 12, 2018 Barangay Pansol Quadrangle 4 5 9
City of Cabuyao April 24, 2018 Cabuyao Central School 1 9 10
2 Conference Rooms: Office of the
City of Biñan 6 15 21
Mayor, City Hall
April 10, 2018
City of Santa Function Room, 4th Floor, Building A,
11 52 63
Rosa Santa Rosa City Hall
City of San 1) Ceremonial Hall, 2) Mountain View
10 22 32
Pedro Conference Room
April 11, 2018
City of 2nd Floor, Resiliency Building, Hall of
11 13 24
Muntinlupa Justice Compound, Brgy. Tunasan
City of
Parañaque Conference Room 3-4, Legislative
April 13, 2018 7 10 17
Building, Parañaque City Hall
City of Taguig
SACES Covered Court, Brgy. 803,
City of Manila May 15, 2018 2 11 13
Manila

511. Upon registration, participants were asked to sign a consent form that signified their
voluntary involvement in the FGD. The activity also deviated from the usual FGD process
wherein participants will just talk about their ideas or opinions on the subject matter. The
activity made use of metacards to allow participants to individually write their answers to the
guide questions. That way, everyone was able to contribute in the process and no individual
dominated the discussion. Similar responses were grouped and synthesized. If ideas were
somewhat vague, facilitators probed and allow participants to elaborate on their ideas to
stimulate discussion. To enable mothers who brought children with them to participate in the
activity, children were gathered in a corner and were provided with coloring pages and crayons
to entertain them while the sessions were ongoing.

512. Generally, the participants across all areas in the South are aware of and supportive
of the project. As such, it was easy for the facilitators to get the discussion started. However,
the knowledge of participants on livelihood and possible sources of income were quite limited.
The first thing that always came to mind is putting up a sari-sari (general merchandise) store.
Understandably, this type of business is easy to set-up with a little space and capital especially
for stay-at-home mothers. It took a lot of prodding and probing from facilitators to push
participants to think of other income sources not only for themselves but for other members of
the households and the community as well. Most of the responses were centered on individual
household sources of income and not much on something that they can do as a community.
When it comes to government support, financial capital readily emerged as a common
response with little thought on skills training and other business support.

513. For the discussion on relocation, in-city relocation is the preference as much as the
safety and security of the relocation site. Participants also valued on the availability of basic
utilities such as electricity and water as well as access to basic social services like market,
schools, and hospitals.

514. The results of the FGDs in Laguna and Metro Manila were consolidated in the table
below to identify common themes across project areas.

Table 114: Consolidated SCRP FGD Results with Vulnerable Sector


Guide Questions Responses
1. What are your Re-establishing and ensuring that current business will continue to
apprehensions and provide income when relocated
concerns regarding the Finding space to re-establish business
potential impact of Possibility of losing or being far from customers and/ product
resettlement on your source/market for products
livelihoods? Possibility of losing or being away from work/business

234
Guide Questions Responses
Decrease in income from business
More time and cost for travel if relocated far from work/business or
away from city center
No livelihood program in resettlement area
What will happen to livelihood? (i.e. trolley, construction work, vendors,
farmers)
Might become difficult to earn a living
Possibility of not having a land to plant (backyard gardening)
Losing social network (e.g. drivers association)
2. What support programs Provision of loan/capital to establish or re-establish business
do you think are Assistance in relocating business
necessary to help you Provision of livelihood programs that would enable them to earn for
cope up with the their daily subsistence
possible impacts on your Allocation of store space to re-establish business
livelihoods? Opportunity to start business or livelihood that would provide a stable
source of income
Skills training
Provision of land to plant vegetables for selling
Supply of products for selling
Opportunity to land a job (e.g. permanent government post, street
sweeper, factory, carpenter, domestic helper, janitor, etc.)
Assistance in forming/joining an association (Tricycle Operators &
Drivers Association)
Financial support and/or transition allowance while looking for new
work (e.g. to spend for job application requirements)
Opportunity to own a tricycle as income source
3. If livelihood restoration is Provision of jobs (e.g. mechanic, health worker)
not possible, what Cottage industry (e.g. broom-making for export, soap making,
alternative livelihood embroidery, sewing)
programs can you Food processing (e.g. Tocino, longanisa, hotdog)
suggest? Putting up business (e.g. repair shop, loading station, frozen foods,
native delicacies, motor parts, meat products, viand, livestock and
poultry raising, food cart, fish balls, clothes, mini grocery,
junkshop, buy and sell)
Capital for business
4. What other programs Skills training for construction workers, furniture makers, carpenters,
can you suggest to help janitors, etc.
improve existing Establishing a cooperative that would provide training on how to run a
livelihoods and business (e.g. online selling, food processing, etc.)
consequently help Financial assistance/loan from government for additional business
improve household capital
income? Provision of materials/equipment to earn a living (e.g. manicure-
pedicure set, sewing, tricycle or side car)
Provision/opportunity to land a job
Market linkage and access to product source
5. How do you think the During Construction
project can help you Source out construction materials from affected people (e.g. hollow
cope better with the blocks, hardware materials, etc.)
livelihood impacts? Priority in hiring skilled workers from affected communities (e.g. steel
man, mason, carpenters, welders, labor, painter, etc.) to work in
During Construction? the construction site
Opportunity and financial assistance in putting up food cart, eatery,
During Operation? sari-sari store near construction site
During Operation
Allocation of space for selling in the stations
Free skills training to land a job during operation
Provision of permanent jobs (e.g. guard, janitor, assisting passengers)
Allow existing tricycle operators and drivers association to operate in

235
Guide Questions Responses
the area
6. What is your relocation Accessible location: near or within the city with good roads, proper
preference? drainage, and free from flood and landslide
Accessible by public transportation
Having a sturdy, proper and permanent housing with complete facilities
and utilities: electricity and water
Opportunity to own a sturdy house; free or with affordable monthly
housing amortization
Availability of basic social services: market, school, clinic, church,
hospital, community center
Availability of livelihood and work opportunities and space to put up
store and business
Availability of land for backyard gardening
Peaceful, orderly, united, and drug-free community with a
homeowner’s association to look after community welfare
Equal and fair provision of benefits to affected persons or households
Immediate relocation to be administered by PNR
No NHA involvement
7. What are the factors To be able to live in a safe, peaceful and orderly community that is free
influencing your from flood, landslide, drugs, and crime
relocation preference? Basic necessities such as electricity and water, as well as the
availability of social services are essential for daily living
To ensure that the affected persons will truly benefit from the relocation
Housing units provided by other housing programs (e.g. NHA) are
substandard and easily deteriorated
8. Other suggested Advance notice prior to relocation
resettlement support and Provision of government truck for hauling
assistance Financial assistance for relocation, to be given directly to the affected
households, if possible, to pay for transportation for hauling
household stuff, food allowance for daily subsistence while re-
establishing source of income
Well-organized relocation process

515. Concerns raised and recommendations made from the entire public consultation
processes (i.e. IEC meetings, SCMs, FGD sessions) were summarized and informed the
crafting of the EM and LRIP. Social safeguards were included in this RAP to ensure that the
rights of the underprivileged and vulnerable groups are protected and mechanisms for
livelihood restoration are in place at the relocation site.

516. The resettlement action plan (draft and updated versions) are required to be publicly
disclosed and information from the resettlement plans disclosed to affected people in a timely
manner and in an accessible and understandable form.

517. Disclosure of the draft resettlement action plan. Salient features of the project, project
impacts, mitigation measures, relocation strategy and information about the GRM were
disclosed to affected households and relevant local government agencies through the
stakeholder consultation meetings. A PIB containing key information will be disseminated to
the potentially project affected people.

518. The agreed initial RAP will be disclosed in the project areas as well as publicly
disclosed on the ADB and JICA websites. An updated PIB containing key principles, forms of
assistance, grievance redress mechanism with contact information and an updated project
schedule will also be publicly posted in each LGU following approval of the resettlement plan.

236
519. Disclosure of the updated resettlement plan. During RAP updating, relevant
information will be conveyed and disclosed to the project affected people, communities in the
project areas as well as relevant government agencies through public consultations and public
information brochures. The agreed updated RAP will be disclosed to affected people, and
communities as well as be publicly disclosed on ADB and JICA websites.

520. Consultations will be ongoing throughout preparation of the DED-based updated RAP
and during subsequent RAP implementation. Since August 2018, consultations have
commenced related to the preparation of the DED-based RAP. These will be reflected in the
updated RAP.

237
9.
9. CHAPTER 9: INCOME RESTORATION AND LIVELIHOOD RESTORATION
ASSISTANCE
10.
521. This section outlines the various measures that need to be carried out in order to
mitigate the impacts that the project will cause on APs livelihoods. It also provides the
framework for further planning and implementing suitable livelihood and restoration program
in partnership with national and local government agencies as well as the affected
communities.

522. Households experiencing loss of productive resources or loss of employment are


expected to face challenges in restoring their livelihoods, income generating capacity and
living standards. For vulnerable households, there is an opportunity within the project to
contribute to improving living standards. The objective of the Livelihood Restoration and
Improvement Program (LRIP) is to assist APs whose livelihoods are adversely affected directly
by the project to restore their income generating capacity to at least pre-project levels. For
vulnerable APs, the LRIP is also aimed at improving their living standards.

523. The project’s livelihood restoration strategy was prepared based on the result of Focus
Group Discussion (FGD) conducted for the vulnerable sector and business sector. Potentially
affected persons from these two sectors were invited to a series of FGD where their concerns
and recommendations were gathered in order to come up with the applicable strategies based
on their actual needs.

524. Based on the result of the FGDs, most apprehensions from the business sector are
related to adverse impacts of relocating somewhere else such as, loss of income, loss of
regular customers, and difficulty of finding a space to re-establishing their business. For the
vulnerable sector who are wage-based, their apprehensions include, more time and cost for
travel if relocated far from work, and difficulty of earning a living in the relocation site. For
vulnerable APs whose income are land-based, they worry of loss of land to cultivate or space
to raise swine/chicken (backyard gardening/animal raising). To address these concerns,
livelihood restoration measures must be able to: (i) compensate loss of livelihood assets (e.g.
structures, machineries, land) at replacement cost; (ii) include transitional support; and (iii)
provide assistance for livelihood improvement.

525. Additionally, a preliminary assessment of impacts on affected households’ livelihoods,


their needs, as well as review of existing state programs in addressing the livelihood needs of
these households within the project timeframe were also carried out. The strategy presented
below will be updated and refined into a detailed livelihood restoration and improvement
program during updating of the RAP.

526. The plan takes into consideration the APs’ preferences, needs and capacities,
relocation site conditions, outcomes of the detailed census and survey, focus group
discussions, and review of secondary data/documents. Relevant provisions of the law were
also taken into account while existing government livelihood programs both at the national and
LGU levels will also need to be tapped. The concerned LGUs will also play a vital role in the
implementation of the plan. A multi-faceted approach will be adopted to assist APs in the
restoration of their affected livelihoods and in helping improve their standard of living. The
LRIP presented here is an outline of the approach based on initial consultations with
stakeholders and affected households along with information available on existing services
and programs. During process of updating the RAP, a detailed LRIP will be prepared based

238
on a needs and preferences assessment, detailed consultations with eligible APs and service
providers. (See Section G below for an outline of processes to prepare the detailed LRIP.)

527. With the intention to match or exceed the APs’ current income and quality of life after
resettlement, livelihood restoration measures are to be planned to take account of each
individual situation and not aggregate measures of economic benefits. Individuals within an
affected household, men and women, should be considered to have equal entitlement to
livelihood restoration and improvement measures. Sufficient time for planning and substantial
interaction with the APs is deemed essential requisites to developing a more robust plan that
will promote both immediate and long-term self-sufficiency. As such, while this plan outlines
the necessary livelihood restoration measures, further targeted consultations with the APs to
plan specific livelihood restoration and improvement measures needs to be conducted in
accordance with the following hierarchy of preference:

528. Preference 1: Restoration of current livelihoods. Where APs have existing viable
livelihoods, the preferred approach is to restore these livelihoods where feasible. This is
considered a lower-risk approach considering that the likelihood of success is high if the APs
will be able to continue doing what they know best and what is proven to work in the local
situations. While opportunities for improvement may be introduced, the emphasis should be
on replacing enabling conditions and livelihood assets with new assets of at least equal quality
and quantity. This represents a lower risk of failure due to technical, economic, or social
factors. Many APs with affected livelihoods are expected to be able to restore their income
generating capacity with transitional assistance without additional LRIP interventions.
However, some will require additional support to enable them to readjust their existing
livelihood to a new operating environment, more particularly if their previous livelihood involves
engaging in service activities. This finds more applicability to women as engagement in
service activities ranked 3rd among the major industries participated by them.74.

529. Preference 2. Introduction of Alternative Livelihoods. Opportunities for alternative


livelihoods will be provided to APs when restoration of their previous livelihood is not feasible
or preferred by the AP, or as a means to improve the households’ income earning capacity.
The promotion of alternative livelihoods should be geared towards providing APs opportunity
for diversifying livelihoods and improving household incomes (e.g. seasonal workers,
minimum wage-earning households) based on AP interests, current skills set and/or
capacities, and taking account of market needs/demands. Livelihood activities traditionally
engaged in by women should be supported; but at the same time, livelihood programs that
encourage men and women’s participation in non-traditional undertakings should likewise be
promoted. Moreover, care should be taken that unpaid care and domestic work are equally
redistributed within the household, especially between the husband and wife, to avoid
exacerbating women’s burden of unpaid work as a result of additional hours spent on
alternative livelihoods.

530. One of the primary objectives of this plan is to avoid or minimize impacts on APs’
livelihoods in the first place. Accordingly, a key consideration in selecting relocation sites is
the proximity to their current livelihoods and workplaces. Outcomes of the survey and FGD
reinforces the need to prioritize this approach as APs expressed preference to be relocated
within the same Barangay or City in order for them to continue with their current livelihoods.
In-city relocation would also enable them to benefit from the economic and employment
opportunities that will be brought about by the railway project. Where feasible, housing design
will also take into consideration livelihood spaces for APs to continue their homebased
enterprises.

74
2016 Gender Statistics.

239
531. The project is expected to affect primary income source of households that will be
displaced due to land acquisition. This includes household members with wage-based
occupation (14,371 persons), land-based income source (87 persons) and enterprise-based
livelihood (4,610 persons). Specifically, the project will affect livelihood that are carried out
within the project affected area including their own residence or neighborhood. The final
location of resettlement site will also have impact on the livelihood of household members
since it is expected that some of them will be relocated outside their current city of residence.
In this case, additional safeguard measures are put in place to help them cope during the
transition period and to help them look for alternative jobs (please see para 547). Details
about these PAPs will be included in the DD RAP.

532. Aside from affected households losing houses, some 1,487 stand-alone businesses75
will also be affected by the project. Out of these, 924 are microbusinesses.

Table 115: Summary of Impact to Primary Income of Household


and Stand-Alone Business
Household Primary Income Source
Stand-Alone
City Wage- Land- Enterprise Total
Business
Based Based Based
Manila 5982 38 1900 142 8,062
Makati 240 0 77 29 346
Taguig 421 2 116 55 594
Paranaque 33 0 21 14 68
Muntinlupa 1529 5 479 188 2,201
San Pedro 340 2 132 38 512
Binan 2314 7 740 412 3,473
Sta. Rosa 467 8 163 46 684
Cabuyao 128 6 44 17 195
Calamba 2917 19 938 546 4,420
Total 14,371 87 4,610 1,487 20,555

533. Employees in affected businesses and institution will also be displaced as a result of
minimized operation or transfer of operation in an area no longer accessible to its current
employees. Table below shows the number of employees in affected businesses.

Table 116: Employees in Affected Business and Institution


Declared
City Number of Average Salary
Employees
Manila 502 16,230
Makati 237 17,654
Taguig 11 3,299
Parañaque 21 5,600

75 Operates business within the PROW but resides outside the PROW hence household will not be physically
displaced.

240
Declared
City Number of Average Salary
Employees
Muntinlupa 189 2,202
San Pedro 19 1,440
Biñan 150 3,168
Sta. Rosa 33 1,308
Cabuyao 115 6,800
Calamba 175 3,358
Total 1,452 6,610

534. Regardless of APs tenurial status “legal APs” or “ISFs”, there are three general types
of LRIP beneficiaries:
(i) APs engaged in enterprise-based (business or commercial activities) livelihood;
(ii) APs who are employed or wage-based income earners; and
(iii) APs whose livelihood are land-based (i.e., farming, agri-business)

535. The following section provides a description of these types of beneficiaries and main
approaches to restore and improve their livelihoods. An overview of PAP livelihood practices
is presented in Chapter 3 of the RAP.

536. Compensation for income losses is not provided for in any national legislation except
for agricultural tenants, lessees, and free patent holders. While JICA Guidelines (2010)76 and
ADB SPS (2009) prescribe payment for loss of income, it would render the Project financially
unviable if the acquisition of the Right-of-Way becomes very expensive. Thus, a combination
of assistance in various forms are carefully crafted to assist APs based on their (i) tenurial
status and (ii) size of their business.

Tenurial Status of the Business Owner

a. APs who own the land where the business operates

(i) Assistance in seeking replacement land, of the same size or of a size that permits
relocation of the affected business, possibly within the same barangay or City;
(ii) Cash compensation to cover transactional (e.g., permitting) cost of re-establishing
the business in the replacement land;
(iii) Assistance in securing government soft loans that offer lower transaction costs and
interest rates, and long term and flexible payment schedules, to enable self-
rehabilitation;

537. Outcomes must be such that it would allow business rehabilitation at the shortest
possible period for APs whose primary source of income would be lost due to economic
displacement.

76
In reference to World Bank’s O.P. 4.12.

241
b. APs who lease land and/or structures for operating their businesses

(i) Assistance in seeking alternative rental space to re-establish business, preferably


within the same barangay or City;
(ii) Rental subsidy for three months based on prevailing average monthly rental for a
similar structure of equal type and dimension to the property being leased. Not
applicable to lease contracts that will expire within three months at the time of
taking; and
(iii) Cash compensation to cover transactional (e.g. permitting) cost of re-establishing
the business elsewhere.

c. APs whose affected businesses are within the PNR Right-of-Way and
are not paying any rent

(i) Assistance in securing government soft loans that offer lower transaction costs and
interest rates, and long term and flexible payment schedules, to enable self-
rehabilitation;
(ii) Assistance in seeking alternative rental space to re-establish business, preferably
within the same barangay or City;
(iii) Cash compensation to cover transactional (e.g., permitting) cost of re-establishing
the business elsewhere.

538. In any case, affected businesses should be given preference for availing of rental
commercial spaces that may be established at the railway stations on a first-come-first-serve
basis subject to screening procedures aimed at ensuring business appropriateness.

539. For marginally affected business establishments, the project development plan should
consider integrating the property owner’s development plan so that APs can benefit from
enhanced economic development opportunities surrounding the project, specifically the
railway stations, and mitigate income losses resulting from limited access or business
disruptions during construction phase.

Size of Business

a. APs who own fixed micro businesses (e.g. Small shops, sari-sari
store, carinderia, food stand, repair shop, etc.) regardless of tenurial
status and with or without permits from the LGU concerned

(i) Cash compensation for income losses during transition period corresponding to
stoppage of business activities, not to exceed six months;77
(ii) Cash compensation to cover transactional (e.g., permitting) cost of re-establishing
the business elsewhere;
(iii) Assistance in securing soft loan that offer lower transaction costs and interest rates,
and long term and flexible payment schedules to enable self-rehabilitation for those
restarting business elsewhere.

b. Vendors with no stalls/ ambulant vendors/ hawkers

540. Assistance in identification of alternative temporary sites to continue economic activity


(e.g. assistance in (a) shifting to areas within the same LGU where there is no construction
and/or (b) identify alternative sites to sell). LGU assistance will be sought to reorganize their
places operating outside the acquired areas.
77
Preferred mode of business transition is to set up affected persons with an alternative but similar business.
Options have to be considered by the APs with no delay.

242
c. APs who own medium and large business establishments78
(including apartments for rent and those who own the land)

(i) Cash compensation for income losses during transition period corresponding to
stoppage of business activities, not to exceed six months;79
(ii) For APs who are owners of medium to large commercial establishments built inside
own affected property.
(a) Acquire the property but allow the owner of the structure and business use of
the land for a defined period to give the owner time to transfer, subject to
agreement on a case to case basis;
(b) Cash compensation to cover transactional (e.g., permitting) cost of re-
establishing the business;
(c) Assistance in securing soft loan that offer lower transaction costs and interest
rates, and long term and flexible payment schedules to enable self-
rehabilitation for those restarting business elsewhere. Transitional support
during the period while APs are resettling and re-establishing their livelihoods
will be provided aimed at stabilizing their living standards.

541. Income losses to be paid shall be based on evidence such as tax receipts or otherwise
as per estimated values of monthly income losses for various categories of microbusinesses
as determined by the SES and validated by DOTr during RAP implementation.

d. APs who are owners of medium to large commercial establishments


built inside own affected property

(i) Cash compensation for income losses during transition period corresponding to
stoppage of business activities, not to exceed six months;
(ii) Acquire the property but allow the owner of the structure and business use of the
land for a defined period to give the owner time to transfer, subject to agreement
on a case to case basis;
(iii) Cash compensation to cover transactional (e.g., permitting) cost of re-establishing
the business;
(iv) Assistance in securing soft loan to enable self-rehabilitation for those restarting
business elsewhere. Transitional support during the period while APs are resettling
and re-establishing their livelihoods will be provided aimed at stabilizing their living
standards.

542. Income losses are to be paid will be based on evidence such as tax receipts or other
similar documents as per estimated values of monthly income losses for various categories of
microbusinesses as determined by the SES and validated by DOTr during RAP
implementation.

543. APs who are employed in a displaced commercial or industrial establishment


and lose their job due to closure of business or laying off as a result of minimized
operation, will be entitled to the following assistance:

78
Categories of businesses are based on capitalization and number of employees, with (1) PhP15,000,000-
100,000,000 capitalization and 100-199 employees for medium businesses, and (2) More than PhP 100,000,000
capitalization and over 200 employees for large businesses.
79
Preferred mode of business transition is to set up affected persons with an alternative but similar business.
Options have to be considered by the APs with no delay.

243
(i) Cash compensation for net salary of two (2) months based on actual salary. For
APs whose income is below or within the minimum wage, cash compensation for
4 months based on prevailing minimum wage.
(ii) Provision of skills training in anticipation of available job positions during
construction and operation; and
(iii) Priority in employment during construction and operation stage of the project or
provision of alternative livelihood opportunity as outlined in this Chapter.

544. APs who are relocated in an off-city site and continue working in the same
company/location after being relocated, will be entitled to the following assistance:

(i) Commuting allowance going to the original place of work with an amount not
exceeding PhP 5,000 per household/ per month for three months;
(ii) Provision of skills training to qualify for job/livelihood opportunities near the
relocation site; and
(iii) Endorsement to the receiving LGU to be prioritized for employment opportunities
of equal salary or to be provided initial inputs to start a business, including provision
of commercial space/stalls to be rented/owned, capitalization and access to soft
loan, and assistance in marketing their products. As women build on their existing
traditional skills, LGUs must ensure that business skills training on non-traditional
skills shall also be provided to them to prevent over competition and market
saturation within communities.

545. APs who permanently relocate to a place that makes former wage-based
livelihood opportunities inaccessible and as a result need to find new employment or
source of livelihood, will be entitled to the following assistance:

(i) Cash compensation for net salary of two (2) months based on actual salary. For APs
whose income is below or within the minimum wage, cash compensation for 4 months
based on prevailing minimum wage.
AND
(ii) Provision of skills training in anticipation of available job positions during
construction and operation; and
(iii) Priority in employment during construction and operation stage of the project.
OR
(iv) Provision of skills training to qualify for job/livelihood opportunities near the
relocation site; and
(v) Endorsement to the receiving LGU to be prioritized for employment opportunities
of equal salary or to be provided initial inputs to start a business, including provision
of commercial space/stalls to be rented/owned, capitalization and access to soft
loan, and assistance in marketing their products, taking into account the prevention
of over competition and market saturation in communities, particularly in the
business enterprises participated by women.

546. Based on the results of the survey, there are a number of APs who are into backyard
level vegetable, fruit tree (e.g. banana, guava, chico and mango) and livestock production (i.e.
swine and poultry) as their main source of livelihood. Hence, where possible, it is
recommended that privately owned farms be assisted in finding replacement farmlands where
possible. For farming households within PNR ROW, replacement land at resettlement sites
is also suggested, however, the viability of this option needs to be studied further during the
detailed planning stage. An option could be to appoint a piece/s of land near the resettlement
site where APs who are into backyard crop and livestock production can continue doing so.

244
Through an appropriate government program outlined in the subsequent section, technical
support to assist farmers adapt their farming practices to the changed conditions should be
extended. Technical support, however, should include women-friendly and sustainable
agriculture technology designed based on accessibility and viability, in consultation with
women’s organizations (Sec. 21, Republic Act 9710). Inputs (fertilizer, chemicals and crop
varieties) should also be provided to bring the land into full productive potential.

547. Alternative non-land-based livelihood opportunities should be extended where


sufficient replacement land is not available. This will include skills training and consideration
for project employment to assist APs supplement their land-based livelihoods at resettlement
sites. Additionally, immediate traditional support will be provided as follows:

For agricultural landowners who are directly engaged in farming

(i) If feasible, land for land will be provided in terms of a new parcel of land of
equivalent productivity, at a location acceptable to APs. Consultations with both
women and men shall be held to guarantee same rights to both spouses or
common law spouses in respect to resources and property ownership and
management, whether titled or not (Sec. 19(f), RA 9710);
(ii) For APs directly engaged in farming, a disturbance compensation equivalent
to five times the average gross harvest for the last five years on the principal
and secondary crops of the area acquired. (as adopted from R.A. 6389); and

For Agricultural lessee

548. Entitled to disturbance compensation equivalent to five times the average gross
harvests on his/her landholding during the last five preceding calendar years.80

For Agricultural Tenants and Sharecroppers

(i) Financial assistance equivalent to the average gross harvest for the last three
years and not less than PhP15,000 per hectare (E.O. 1035);
(ii) Rehabilitation assistance in the form of skills training and other development
activities to be provided in coordination with other government agencies to be
designed in consultation with eligible APs, including and women’s
organizations groups to ensure development of women-friendly and
sustainable agriculture technologies; and
(iii) Assistance in securing soft loan to enable self-rehabilitation.

549. Crop compensation will be made between the owner and sharecropper as per terms
of the sharecropper in case of privately-owned land / publicly-owned land. In case of dispute
over verbal agreement with sharecropper, certification from elected representatives will be
considered as legal document.

550. The LRIP activities to improve livelihoods will be based primarily on existing relevant
programs at the national, regional, provincial and LGU levels with the latter being an active
partner in program implementation in order to ensure maximum project benefits. This
approach ensures program alignment to broader community investments programs, synergies
in achieving cost efficiencies and development outcomes, and sustained LGU support once
the program ends. To ensure social inclusion, development outcomes should consider

80
As per R.A.6389.

245
integration of the different needs and concerns of women and men, people with disability, and
the elderly people as agents and beneficiaries of programs and services, in all local plans and
agenda, including the LGUs investment plan and programs. This will guarantee the gender
responsiveness and sustainability of the livelihood programs to be accessed by the APs (Sec
36(a) (3), RA 9710).

551. Being hosts to various relevant government programs alongside its own suite of
livelihood development programs, the LGU livelihood development offices can provide APs
direct access to their much-needed livelihood support. The partnership should be such that
the LGUs will have sufficient room to integrate their local plans and initiatives into the program.

552. As much as possible, the support provided within the program will be in kind and in the
form of supplies and material inputs necessary to start with any livelihood activity. Mechanism
for how such support are to be received and utilized will be developed in consultation with
male and female APs on equal representation and with guidance from DOTr, SHFC, DHSUD
and LGU program staff. The danger of this approach, however, is that it fosters a “dole-out”
mentality and encourages expectations that livelihood opportunities are only possible with
financial support from special programs or projects. This attitude has to be overcome through
the following mechanisms:

(i) Fostering a sense of ownership by ensuring that APs are closely involved in all
stages of the livelihood planning and implementation process;
(ii) Developing capability of APs to properly plan enterprises including provision for
generating funds to meet recurrent costs;
(iii) Ensuring ongoing technical support from DOTr, SHFC, DHSUD and LGU technical
staff and monitoring to enable APs to achieve livelihood restoration and
improvement targets. It is imperative that SHFC, DOTr, DHSUD and the relevant
LGUs engage livelihood technical experts that can provide technical advice to APs
in a timely manner so that adjustments can be made and avoid problems before
they happen; and
(iv) Social preparation, including inclusion of Values Formation Sessions 81 for APs
geared towards development of attitude from being mere recipients of government
aid to managers of their own livelihoods.

553. Site specific livelihood restoration and improvement plans in accordance with the LRIP
strategy and RAP EM will be developed by DOTr in collaboration with DSWD, DOLE and the
relevant LGUs outlining in detail the program approach and strategies, procedures, type of
support, alternative livelihood opportunities, extension and market awareness activities,
budget and resource requirements, monitoring and evaluation, including implementation
arrangements that promotes community participation. The detailed LRIP document will be
submitted to ADB and JICA for review and approval. It will form part of the updated RAP which
in turn will be endorsed by DOTr and submitted to ADB and JICA for review and agreement.

554. A variety of opportunities should be made available to APs that will help facilitate
restoration and improvement of livelihoods for the short term and long term. While priority is
given to livelihood restoration as a low risk measure for mitigating economic displacements
impacts, there is a strong possibility that this may not be feasible at all times. Both livelihood
restoration and alternative livelihoods will be very challenging in this case, hence, the objective
is to provide a menu of livelihood opportunities that opens up prospects for diversifying
household sources of income or livelihood activities. Based on the survey results, households
with multiple livelihood activities or with more household members involved in productive

81
This is a strategy in the DSWD 4Ps (Pantawid Pamilyang Pilipino Program).

246
endeavors tend to have higher monthly household incomes compared to those with one
livelihood activity or lesser number of household members contributing.

555. Participatory, and sustainable and gender responsive approaches to the


implementation of the livelihood restoration and improvement programs should be adopted
with a strong dedicated support and extension services. Measures should also be taken to
ensure that unpaid care and domestic work, equally necessary for the family’s survival and
well-being, are equally shared among the spouses and/or other family members.

556. Vocational Training. Vocational training will be provided by the Technical Education
and Skill Development Authority (TESDA). TESDA is the government agency tasked to
manage and supervise Technical Education and Skills Development (TESD) in the
Philippines. Training activities will be delivered through three modes:

557. TESDA run training centers. TESDA provides certificates of completion after each
training course. The certificates of completion are presented to would-be employers who will
provide permanent employment and a regular stream of income. Trainings cost an average of
Php 10,000/ course, but may be as high as PhP 15,000. TESDA, in collaboration with various
LGUs, industries/sectors who provide funds, implement the Training for Work Scholarship
Program (TWSP) where successful scholars are chosen to undergo training based on industry
requirements. The scholars, before being chosen, undergo a rigid selection process. AHs
and/or vulnerable groups may avail of this program, provided they pass the tests or
assessments provided. Centers in the project areas are located in Taguig City, Sta. Rosa,
Binan and Calamba.

558. Private: run by private institutions/schools. Vouchers are allocated by TESDA at least
3-4 times a year to accredited training centers. The number of vouchers are demand-based;
it is usually determined through surveys on the training courses needed per barangay.

559. Community Based Programs: Community-based Training for Enterprise Development


Program is primarily addressed to the poor and marginal groups, those who cannot access,
or are not accessible by formal training provisions. They may have low skills, limited
management abilities, and have few economic options. They may have no access to capital –
most of them are unqualified for formal credit programs. The program goes further than just
mere skills training provision. It is purposively designed to catalyze the creation of livelihood
enterprises that will be implemented by the trainees, immediately after the training. Likewise,
it is designed to assist partner agencies such as LGUs, NGOs, people organizations and other
agencies and organizations with mission to help the poor get into productive undertakings to
help themselves and their communities.

560. Vocational Training(s), in particular, those provided by TESDA, should ensure


enrollment of women in non-traditional skills training (e.g. welding, carpentry, plumbing) as it
offers higher income compared to engagement in traditional livelihood activities (Sec. 13, RA
9710). TESDA should ensure the full implementation of the gender sensitive TVET curriculum
in all training courses, regardless of the mode of delivery of these trainings.

561. Mainstream Employment Information and Referral. Mainstream employment


opportunities will be explored and interventions carried out to assist APs for potential
employment. A labor market assessment will be carried out in areas were groups of AHs are
relocated for program implementers to understand the dynamic market conditions (i.e.
available jobs, volume of human resource demand, skills required, job hiring seasons/cycles
etc.) and sources of potential employment and entrepreneurship opportunities among APs.
Labor market assessment should consider the gender needs of women and men, as gender
segregation characterizes employment in the Country (WEDGE Plan). By looking into the

247
type of employment women and men are traditionally engaged in, a gender responsive
employment plan could be devised by the project implementers, and improve chances of
women to better jobs, with higher income. The result of the assessment will help define
specific interventions to improve chances of APs for employment.

562. Employment referral, labour market information and job-skill matching will be provided
through the Public Employment Service Office (PESO). The Public Employment Service Office
(PESO), a free employment service facility was established in accordance with R.A. 8759 to
provide services for access to employment opportunities. This is being maintained by the
Provincial Government and the other LGUs in partnership with Department of Labor and
Employment (DOLE), SUCs, NGOs and community-based organizations. The PESO
encourages employers to submit to its office on a regular basis a list of job vacancies in their
respective establishments in order to facilitate the exchange of labor market information
services to job seekers and employers. The PESO provides to persons with entrepreneurship
qualities access to various livelihood and self-employment programs offered both by
government and non-government organizations at the provincial/city/municipal and barangay
levels. The PESO likewise conducts job fairs periodically to provide a venue for job seekers
to explore employment opportunities. The PESO is mandated like any other government
bureaus to ensure gender mainstreaming in the identification, design, development,
implementation, monitoring and evaluation of all its projects, activities and programs.

563. Project Employment Opportunities. Based on the outcomes of the survey and
FGDs, there are wage-based earning APs who expressed that they be given the opportunity
to be employed near resettlement sites, while enterprise-based earning APs saw employment
opportunities as an alternative to their lost enterprises. Additionally, there are a number of
APs who are in their working age but are currently unemployed due to a lack of opportunities.
Other APs stressed that being directly impacted by the project, they should be given
preferential treatment in availing of job opportunities during construction and operations.

564. R.A.6685 specifically provides that project contractors for national and local public
works projects funded by either the national government or any local government unit including
foreign-assisted projects must hire at least 50% of the unskilled and thirty percent 30% of the
skilled labor requirements from the local community in which the project will be undertaken.
The project contractors should be required to prioritize qualified affected persons in their
manpower requirements. This should be strictly implemented and spelled-out explicitly in their
contracts to ensure compliance. The Department of Public Works and Highways (DPWH), in
furtherance of RA 6685 and RA 9710 (Magna Carta of Women) requires that the mandatory
minimum requirement of 50% unskilled labor and 30% skilled labor shall be recruited and
equally accessible to both women and men. In addition, it requires concerned LGU and
contractors to purposively employ women, to comprise at least 20% of total workforce in skilled
or unskilled positions in various phases and stages of construction / civil works, from planning,
design, pre-construction and construction, and maintenance for each project (DPWH Dept
Order No. 130, series of 2016). The project will benefit well with the application of this same
principle and requirement, to ensure equal participation of women and men in all livelihood
opportunities arising from the project.

565. To maximize local participation in project employment opportunities during


construction and operations, priority listing and profiling of all working age APs, male and
female, will be established and the following interventions without gender discrimination
should be carried out in conjunction with project contractors:

a. Establishment of job placement centers at the LGU-Public Employment Service


Office (PESO) and at the relocation sites to provide regular IECs on project and non-

248
project related employment opportunities and assist APs with application
requirements;
b. Apprenticeship and on-the-job skills enhancement training of eligible APs. Training
facility/ies will be integrated into the final project design.

566. Collaboration between the Livelihood Committee and PESOs will provide information
on skills and qualification requirements for technical, skilled and unskilled jobs during project
operations at the earliest possible. This will assist APs, including those yet to enter senior high
school or college, decide on what academic track or courses to take in line with the project
skills requirements.

567. Financial Management and Entrepreneurial. Resettlement processes are complex,


particularly as they relate to valuation, compensation and assistance packages. Limited
exposure to the cash economy and low levels of financial literacy, in light of future payment of
compensation funds, highlights the need to provide APs with access to financial advice, as
part of this program. Financial advice will help improve their capabilities on money
management matters, including financial planning; investment options; training, employment
and business development. The nature of financial advice varies and will have to be
undertaken at different stages to coincide with the various financial activities during the RAP
implementation (i.e. compensation payment, release of livelihood support, livelihood
implementation/enterprise operations etc.).

568. Social circumstances may inevitably change as a result of resettlement at the


relocation sites. For instance, cash availability will change domestic decision-making
processes and could give rise to changes in domestic relations. New investment opportunities
may be recognized which were previously out of reach. Economic relations at household level
are likely to change which will require social interventions aimed at regenerating domestic
resourcefulness. As ISFs more likely to engage in small-scale initiatives, the program should
aim to develop alternative skill sets and opportunities to engage household labor in other
economic activities. These opportunities could progressively lead to more advanced
economic opportunities and develop into significant contributors to the financial independence
of APs. As such, the creation of opportunities for basic entrepreneurial skills development and
honing existing skills into viable occupations should be initiated as part of the program.
Additionally, investment of available funds from compensation pay-outs into other economic
viable enterprises should also be encouraged and supported.

569. Supplemental training and counseling will be provided through the Department of
Trade and Industry (DTI) and a service provider engaged under the project. The DTI is a
branch of government that provides business counseling services to existing and potential
entrepreneurs who need information on government and private sector programs and services
and referrals to DTI’s Small and Medium Enterprise (SME) Centers nationwide. Advice on
finance, marketing, technology, human resource development and advocacy needs are
provided for free. The DTI also provides advice to the ISFs who, after determining and
completing all the requirements to pursue a livelihood option, decide to venture into an
enterprise or business endeavor.

570. A service provider will be engaged by the project through DOTr to provide financial
management training. Potential key areas of training include:

(i) Introduction of improved production and business management


techniques/practices;
(ii) Value chain promotion and access to markets, product diversification and
diversification of livelihood options among others;

249
(iii) Market intelligence with appropriate skills upgrading and enterprise development
interventions;
(iv) Providing vital institutional and credit link between a formal credit provider and the
APs; and
(v) Financial management and entrepreneurial trainings shall be gender-sensitive in
its methodology and content; and, if needed, include women-focused programs.

571. Women as beneficiaries of the Livelihood Restoration and Improvement


Program (LRIP). The 2010 Women Economic Opportunity Index shows that the Philippines
ranked 63rd out of 113 countries in terms of women’s participation in Micro, Small and Medium
Enterprises (MSMEs). Although cognizance of the great potential of women as entrepreneurs,
huge potential for the creation of wealth and the improvement of their respective socio-
economic status, women are not at par with men. However, for these to be realized,
appropriate and timely intervention must be made by concerned government agencies to
enable women to grow and upscale their businesses. Interventions can target the (i) lack of
social preparation and technical skills in entrepreneurship; (ii) difficulty of woman MSMEs to
access funds; and (iii) difficulty of women entrepreneurs in sustaining and upscaling their
business, needs to be addressed.

572. To maximize the impact of the LRIP to women and female-headed households, the
program implementers must ensure provision of support services, to include among others
the following:

(i) Assistance in organizing potential entrepreneurs into cooperatives or business


associations towards starting a business venture;
(ii) Improve access of woman entrepreneurs to relevant business information and
linkages such as trade fairs, subcontracting, market matching, product design, and
other information that will help them grow their businesses;
(iii) Ensure availability of business development services, such as training, counseling,
and consultancy services to woman entrepreneurs, including access to financing;
(iv) Utilize existing promotional instruments and measures for MSME development
such as good practice examples and toolkits (gender-sensitive value chain,
management training);
(v) Conduct/sustain enterprise-development related capacity development activities
for women microentrepreneurs (I.e. Current Good Manufacturing Practices, How
to Start a Business, Hazard Analysis and Critical Control Points, Packaging and
Labeling, Food Safety Management System, Marketing Seminar, Product
Development);
(vi) Expand and sustain the conduct of livelihood training courses and other capacity
development initiatives for women entrepreneurs, potential women entrepreneurs,
and students;
(vii) Incorporate a module on cultivating the entrepreneurial spirit among women toward
putting up their own business in existing livelihood training and
information/promotional activities; and
(viii) Motivate women entrepreneurs to move from survival to micro and small
enterprises through the provision of training focused on packaging, product
development, marketing, etc.

573. Additional Support for Vulnerable Persons. The development of the detailed
livelihood restoration and improvement plan will identify the need to provide additional support
to vulnerable persons, including underprivileged persons, Persons with Disabilities (PWD),
and elderly people. Depending on the number of vulnerable persons, DOTr will engage special
interest Civil Society Organizations (CSOs) or Non-Government Organizations (NGOs) to
provide support to each vulnerable group.

250
574. The following proposed activities and corresponding timings will lead to the
development of a detailed LRIP and provides an indication of key activities and corresponding
timing (Table 117). Note that the key activities outlined herein are indicative and that additional
activities may be required prior to an outcome of these key activities.

Table 117: Proposed Workplan


Key Activities Objective Timing Responsibility
1. Inventory of relevant Identify relevant existing Detailed Study JDT
National programs that can be Phase
Government and implemented to assist APs
Local Government restore and improve their
programs livelihoods
2. Inventory and To determine existing Detailed Study JDT
Capability capabilities of host LGUs Phase
Assessment of host and recommended actions
Local Government to address gaps if any.
Units to implement
the NSRP LRIP
3. Conduct needs and To assess AP needs and Detailed Study JDT, DOTr,
preferences determine activities to be Phase LGUs.
assessment and included in the final LRIP.
detailed
consultations with
eligible APs.
4. Develop site-specific To establish site-specific Detailed Study DOTr, DOLE,
gender responsive technical implementation Phase DSWD, LGUs
livelihood restoration plans based on outcomes
and improvement of consultations with the
implementation APs and Government
plans agencies.
5. Forging of To lock in partnership Immediately DOTr, DHSUD
Memorandum of commitments and ensure after FS RAP and Livelihood
Agreements that required resources are Approval Committee
between DOTr and sufficiently allocated for
relevant National program implementation.
Government
Agencies and host
LGUs
6. Priority listing and To establish a masterlist of Immediately SHFC
profiling of APs that will be prioritized after MOA
economically for livelihood restoration Signing
displaced and and improvement program
working-aged APs
by LGUs where
gender related
information could be
generated and used
in gender responsive
planning and
budgeting

251
Key Activities Objective Timing Responsibility
7. Establishment of a To ensure that the formal Prior to DOTr
sex-disaggregated settler households who are displacement
registry of APs from t self-relocate will be
the formal sector monitored and have priority
and issuance of access to national
certifications government livelihood
attesting to their support programs
being affected by the
SCRP
8. Formal To bring the support near Prior to All LGU, DTI,
establishment of the APs and ensure access relocation Livelihood
livelihood support to SCRP livelihood Committee
centers and programs and employment
employment assistance at the least
assistance centers possible cost and minimum
for the SCRP project disruption to their day-to-
at the LGU livelihood day activities
offices and
relocation sites
9. Engagement of To ensure vulnerable Prior to DOTr
special interest persons are provided displacement
CSOs/NGOs to additional assistance to
provide support to restore livelihoods/salaries
specific vulnerable
groups (PWD,
elderly, etc.) if
required
10. Consultations and/or LGUs to carry-out more Prior to DOTr and LGU
continuing detailed consultations with relocation and
engagements with APs in order to: continue
APs a. Present specific through to
livelihood relocation and
restoration and reestablishment
improvement
programs
b. Explain the
procedures for
availing support
c. Agree on final
packages of
livelihood support
guided by the
hierarchy of
preference and
informed by
relocation site
conditions.
11. Identification of To carry out financial Prior to DOTr, DHSUD
qualified financial management trainings releasing and all LGU
management payments of Partners
advisors/experts compensation
either from and livelihood

252
Key Activities Objective Timing Responsibility
government, private assistance
institutions, NGOs
etc.

12. Baseline To develop a socio- Detailed Study DOTr/ LGU


assessment of economic baseline for Phase Partners
host/receiving receiving communities and
communities at assess the impact on their
relocation sites livelihoods with the
relocation of SCRP APs
with the aim of establishing
measures to avoid, or at
least minimize impacts.
13. Consultations with To ensure the participation Prior to DOTr/LGU
host communities of host communities in relocation Partners
resettlement planning
14. Labor Market To understand market Prior to DOTr, PESO
Assessment conditions and potential displacement
employment and
entrepreneurship
opportunities as basis for
program interventions.
15. Update detailed site- Finalize site-specific Prior to DOTr and
specific livelihood technical implementation displacement Livelihood
restoration and plans based on outcomes Committee
improvement of consultations with the
implementation APs and baseline
plans assessment of receiving
communities at relocation
site ensuring that the
implementation of the
livelihood restoration and
improvement program will
not pose negative impacts
on existing communities at
relocation site.
16. Identification and To match AP preferred Prior to LGU Partners
enlisting of APs to livelihood support relocation and
appropriate packages with relevant during
government and/or government and LGU relocation/
LGU programs programs and facilitate reestablishment
availment of the required
support.
17. Program To implement the livelihood Prior to DOTr, DHSUD,
Implementation, restoration and displacement, SHFC and
Monitoring and improvement program in during TWG/PIAC
Evaluation that will accordance with the relocation/
be able to generate fundamental principle of reestablishment
SDD and identify the improving or at least and until
gender differentiated restoring the APs’ standard livelihoods are
impact of the of living to pre- fully restored or

253
Key Activities Objective Timing Responsibility
program strategies displacement levels. income levels
on women and men are at least
within regional
standards to
meet basic
family needs

575. The implementation of this plan requires the successful coordination of the inputs of a
range of technical specialists, consultation teams, and monitoring teams from concerned
national and local government agencies with the DOTr having overall responsibility for
program implementation. DOTr must ensure equal participation of male and female staff as
required in the Harmonized Gender and Development Guidelines (HGDG) checklist for
program/project implementation, management, monitoring and evaluation. Central to DOTr’s
role is getting all the national government and local government agencies to work together
harmoniously in implementing the livelihood restoration plan which is underpinned by their
existing programs, services, and resources. Thus, DOTr will initiate the creation of the
Technical Working Group (TWG) wherein the Livelihood Committee is seated. The Livelihood
Committee will be composed of concerned attached agencies and divisions of the
implementing partners that has the technical expertise, network, resources and programs on
enterprise development, farm improvement, local and international employment, provision of
soft loan, and skills training.

576. DOTr will also be responsible in making available the required additional resources
and support to enhance LGU capacities to carry out the plan in their respective
cities/municipalities. Monitoring and evaluation of the program implementation will also be
among DOTr’s core responsibilities to ensure that all partners adhere to their agreed
commitments.

577. The SHFC will be responsible in implementing new livelihood programs for the informal
settlers through the CA and in conducting skills training for the ISFs. On the other hand, DOTr
will create a special body within its PMO that is seated in the Environmental, Social and ROW
Division (ESR Division) to implement (in coordination with the Livelihood Committee) the
livelihood programs intended to restore and improve the individual livelihood of both formal
APs and ISFs and including skills training for legal APs.

578. The DHSUD, being positioned a national agency, will be responsible for coordinating
with national level agencies providing services under the LRIP. Such national agencies to be
coordinated by DHSUD include TESDA, DOLE, Department of Social Welfare and
Development (DSWD), and DTI. The role of DHSUD is set out in an umbrella Memorandum
of Agreement with DOTr.

579. Specific partnership commitments, roles and responsibilities including coordination


and reporting mechanisms will be defined in greater detail in the Memorandum of Agreements
forged among key players to deliver the programs and services laid out in this Chapter.

580. DOTr will also be responsible in making available the required additional resources
and support to enhance SHFC and LGU capacities to carry out the plan. DOTr will carry out
monitoring and evaluation of the program implementation to ensure that all partners adhere to
their agreed commitments.

254
581. Respective LGUs will play a critical role in LRIP implementation. Many of the tasks
are closely related to their existing work for the residents within their jurisdiction. Specific
responsibilities of the LGUs with respect to LRIP implementation include: (i) assistance to
identify replacement land and operating space for businesses; (ii) maintain list of eligible PAPs
interested in job referral and vocational/entrepreneurial training; (iii) provide focal point to
coordinate livelihood assistance; (iv) together with DOTr, engage service provider agencies to
locally deliver training courses based on PAPs’ needs and demand; (v) inform the PAPs about
training and job opportunities; and (vi) Carry-out skills-job matching.

582. The Public Service Employment Office (PESO) is an existing ongoing service provided
by LGUs. The PESOs maintain a database of current employment opportunities and match
local job seekers based on their skill set. For the LRIP, the PESOs of the respective LGUs
will maintain a registry of PAPs seeking employment and will provide counselling, guidance
on further training as well as job referral against their database of job vacancies. The PESO
database of PAP clients will enable project tracking of PAPs seeking employment.

583. There are various Government service providers with mandated responsibilities and
existing program to develop vocational skills and entrepreneurial development that will be
involved in the LRIP implementation:
- Technical Education and Skills Development Authority (TESDA). Technical and
vocational education service provider. In the project TESDA will provide trainers and
training facilities and include PAPs in training courses based on lists of eligible persons
provided by DOTr.
- Department of Labor and Employment (DOLE). DOLE will organize job fairs at LGUs,
provide vocational start-up kits as well as monitor the implementation of RA 6685
(minimum local hire quotas for public works projects).
- Department of Trade and Industry (DTI). DTI provides information and services in
training, financing, and marketing. Provides vocational start-up kits and soft loans for
enterprise based PAPs.
- Department of Social Welfare and Disability/ City Social Welfare and Disability
(DSWD/CSWD). Provide support on micro-enterprise development, skills
enhancement, networking and partnership building. Assist to provide technical skills
training, occupational guidance and counseling, and job referrals or placement.

584. The estimate of LRIP participants is based on those who’s with primary livelihoods.
This includes 4,610 APs engaged in enterprise-based livelihood, 14,317 APs with occupation,
and 87 APs with land-based income source. For planning purposes, the total estimated
participants requiring training or other forms of LRIP intervention is 19,068 (Table 117). This
number will be updated once the needs assessment is conducted during the implementation
phase.

585. The estimated LRIP budget is Php 332,002,000. This comprises funds for vocational
training (or similar such as agricultural extension training), financial management training and
a 10% management fee for LGU to manage implementation (Table 118). The budget estimate
will be updated and revised during detailed study phase and preparation of site specific LRIPs.
The budget will be provided and managed by DOTr.

Table 118: Estimated LRIP Budget


Estimated
Activity Ave Cost Total (Php)
Participants
Vocational training 19,068 10,000 190,680,000.00
Service provider financial management training 22228 5,000 111,140,000.00

255
Subtotal 301,820,000.00
DHSUD/LGU Implementation and Management Fee (10% of direct costs) 30,182,000.00
Total LRIP Estimate 332,002,000.00

256
10. CHAPTER 10: GRIEVANCE REDRESS MECHANISM

586. Grievance refers to any concern, issue or conflict resulting from the varying
interpretations of involuntary resettlement and implementation of the RAP for the SCRP
Project. This may include issues on compensation for various types of APs, application of
eligibility criteria, relocation of informal settlers, reduced income, and the quality of services.

587. The objectives of Grievance Redress Mechanism (GRM) are the following:

(i) receive and facilitate the resolution of APs’ concerns and grievances about physical
and economic displacement and other project impacts which cannot be settled
during stakeholder consultations, with particular attention to the impacts on
vulnerable groups; and
(ii) address APs’ concerns and complaints promptly, using an understandable and
transparent process that is gender responsive, culturally appropriate, and readily
accessible to the country’s judicial or administrative remedies commensurate to
the risks and adverse impacts of the project.

588. APs will be informed about the GRM during the stakeholder consultation meetings
(SCMs). At the DED stage, DOTr will establish the Help Desk per LGU to address the APs’
concerns. The locations of the Help Desk and details of the central hotline, SMS number and
e-mail and postal addresses will also be announced and will be posted on the bulletin boards
of each barangay LGU. APs will be informed early on about the establishment of the Help
Desk at the LGU-level and will be provided with contact details of the central GRM which will
be operational throughout the project cycle. Details of the DOTr Office for APs to contact in
any case that they will have queries related to the project:

Undersecretary Timothy John R. Batan


Office of the Undersecretary for Railways
DOTr Clark Office, Pinatubo Street corner Osmena Street
Clark Freeport Zone, Pampanga
Telephone: (02) 790-8300 local 285

589. The implementation of the grievance redress mechanism is anchored on several


principles to guide the process and decisions:

(i) Keep the complainant’s details confidential;


(ii) Procedure must be explained, and cases must be presented and deliberated in a
language understandable by the APs (i.e. technical terms must be explained in a
layman’s term);
(iii) Grievance procedure must be transparent, gender responsive and culturally
appropriate; and
(iv) Readily accessible to the affected persons at no costs and without retribution.
Notwithstanding, the AP can at any time of the GRM process go to the relevant
courts.

590. The GRM shall have three levels. Table 119 describes the levels of GRM for the ISFs
and the legal PAFs.

257
Table 119: Levels of Grievance Redress Mechanism
For Informal Settler Families
Level For Legal PAPs
(ISFs)
1st Level Help Desk
RAP Implementation and
Management Committee (RIMC)
Local Housing Office
To be headed by the NSCR-EX
2nd Level (LHO)/Local Inter-Agency
PMO
Committee (LIAC)
Will convene once the ROWA
starts
3rd Level Project Inter-Agency Committee (PIAC)

Level 1 – Help Desk

591. Grievances may initially be received through text or SMS, e-mail, official letter, phone
call or personal visit in the designated Help Desk to be established per LGU and in the DOTr
Railway Office. The Help Desk will be operated and maintained by trained Grievance Redress
(GR) Officers, who will serve as the first formal contact point for legal APs and ISFs to receive
their grievances. These DOTr GR Officers are within the Environmental, Social and ROW
Division (ESR Division) of the NSCR-EX PMO. DOTr also has a PMO for all ROW projects
which is called ROW-PMO in which the GR Officers will work closely with the ROW-PMO staff
who are conversant on the land acquisition process, experts on environmental related-issue,
familiar with the provisions of the laws and international guidelines, and knowledgeable in the
validation process and documentation of APs. The receiving GR officer will put in writing
grievances received through SMS or phone calls.

592. The GR Officers will determine (i) if complaints are project-related or not; (ii) if the
complainant is a legal AP or ISF; and (iii) if the nature of issue is environmental or social. As
a basic GRM policy, a grievance should be resolved expeditiously at all times at the lowest
level possible. The GR Officers will be on duty at the Help Desks at specific times and days of
the week per LGU, aside from a dedicated staff for the DOTr Hotline, to receive calls, text or
SMS, messages and e-mail. Further, the DOTr staff who will operate the Help Desk and
Hotline will be knowledgeable on all aspects of the project (i.e. engineering, resettlement, legal
and documentation). However, in situations when (i) the grievance is not settled at the lowest
level, (ii) the complainant is not satisfied with the action taken, or (iii) the case is not acted
upon after 15 days, the issue or concern will be elevated to the next level.

Level 2 - NSCR-EX PMO and RIMC for Legal APs, or Local Housing Office
(LHO)/ Local Inter-Agency Committee (LIAC) for ISFs

593. Grievances that are unresolved at the first level will then be turned over to the NSCR-
EX PMO or RIMC82 for legal complainants and to the LHO or the LIAC for the ISFs.

594. For Legal APs: NSCR-EX PMO and RAP Implementation and Management
Committee (RIMC). The NSCR-EX PMO or the RIMC will handle unresolved grievances at
the first level lodged by legal APs. Grievances may include, but not be limited to, parcellary
surveys, appraisals and extra-judicial settlements (EJS).

595. For ISFs: Local Housing Office (LHO) or Local Inter-Agency Committee (LIAC) of
the LGU. In case there is no LHO in place, a LIAC will be created or reconvened at the LGU

82
Composition and other functions are discussed in detail in Chapter 11 of this RAP.

258
levels where relocations of ISFs will take place. This will be headed by the city or municipal
mayor of each LGU, and will consist of representatives of the LGU, affected barangays and
APs.

Level 3 - Project Inter-Agency Committee (PIAC)

596. If the decision by the LHO or LIAC and RIMC or NSCR-EX PMO is not satisfactory,
the complainant may appeal to the Project Inter-Agency Committee (PIAC). The PIAC will
serve as the GRM third level for legal APs and ISFs. The PIAC has 15 working days to
resolve the complaint. The resolution will be officially communicated in writing to the AP
within five working days from the date of the issuance of the decision.

597. Court of Law. A complainant may approach a court of law at any stage of the
grievance redress process, which is not a part of the project level GRM, and whose
decision will be final.

Other Grievances

598. Some project-related grievances but pertaining to activities of other concerned


stakeholders, will be handled as follows:

(i) complaints against local government executives will be filed with the Department
of Interior and Local Government (DILG);
(ii) complaints against subordinate officials will be filed with the office of the local chief
executive concerned;
(iii) complaints against officials of other national agencies may be filed with the office
of the Presidents, or the office of the Ombudsman; and
(iv) Aggrieved parties may also direct their complaints to and/or seek the assistance of
the Commission on Human Rights (CHR) or the Presidential Commission for the
Urban Poor (PCUP).

599. ADB’s Accountability Mechanism. In addition to the project GRM, once all measures
have been exhausted, aggrieved persons may approach ADB’s accountability mechanism as
well, if there have been violations of ADB’s policy requirements. However, while the project
level GRM is the responsibility of the EA, the accountability mechanism is the responsibility of
ADB. The accountability mechanism provides opportunities for people (a minimum 2
complainants) that are adversely affected by ADB-financed projects to express their
grievances, seek solutions, and report alleged violations of ADB’s operational policies and
procedures, including safeguard policies. ADB’s accountability mechanism comprises of (i) a
facilitation phase – consultation led by ADB’s special project facilitator to assist people
adversely affected by ADB-assisted projects in finding solutions to their concerns, and (ii)
providing a process through which those affected by projects can file requests for compliance
review by ADB’s Compliance Review Panel. Details of the accountability mechanism can be
found at: https://www.adb.org/documents/accountability-mechanism-policy-2012.

600. JICA’s Objection Procedures. Alternatively, people (2 or more persons) who suffer
or are likely to suffer substantial damage as a result of JICA’s non-compliance with the
Guidelines regarding the project may submit an objection to JICA requesting investigation.
Details of JICA’s Objection Procedures based on the Guidelines for Environmental and Social
Considerations can be found at:
https://www.jica.go.jp/english/our_work/social_environmental/objection/index.html.

259
Help Desk

601. A team of GR Officers within the SCRP ROW-PMO under the Office of the
Undersecretary for Railways, will be the first contact point for legal APs and ISFs. The team
will receive all complaints and determine whether such complaints are project related or not.
The Help Desk will be established at each LGU and in the DOTr Railway Office. The Help
Desks will be jointly operated by the DOTr GR Officers and the officially designated LGU
counterpart personnel. There will be a project-specific, easy to remember, central hotline to
receive calls, text or SMS and messages, as well as address for e-mails and letters. The SMS’,
e-mails, letters and phone calls will be inputted and tracked within a central database to aid in
the responses and actions. The following are the roles and responsibilities of the GR Officers:

(i) Receive the written or verbal complaint from the APs and explain the grievance
redress process to the APs. If it is a verbal complaint in person or through SMS or
phone call, the PMO will write down the complaint for the AP and ask him or her to
sign the complaint.
(ii) Acknowledge receipt of complaint and explain the process to the AP including
contact details where complaint will be forwarded and who is responsible for acting
on the complaint.
(iii) A coded reference number will be assigned through the central database for all
complaints received via phone call, text message, letter, or verbal that will be easily
identified and traced for follow up purposes.
(iv) Clarify the nature of the complaint whether it is project related or not.
(v) Promptly provide answers or clarifications to APs questions.
(vi) If the concern is beyond the GR Officers’ capacity to decide, forward the complaint
to the respective LHO or LIAC for ISFs and RIMC for legal APs if it is project related.
(vii) Advise the complainant if the complaint is not project-related, and assist him or her
by forwarding the complaint to the appropriate agency or LGUs who could act on
the complaint.
(viii) Follow up with the LHO/LIAC/RIMC on their action on the complaint.
(ix) Provide feedback to the AP on the status of complaint and the decision of the LIAC/
LHO/RIMC.
(x) Maintain a database for all complaints and the corresponding actions and decisions
on the complaints received. Prepare quarterly Monitoring Reports on Grievance
Redress with accomplishments and status of unresolved grievance to the PIAC,
and semi-annual monitoring reports to ADB and JICA.

DOTr SCRP ROW PMO and RAP Implementation and Management


Committee (RIMC)83

602. Complaints that are not able to be handled by the Help Desk, and they are made by a
legal AP, the RIMC will receive the complaint and seek to resolve it. As the second level of
grievance, the RIMC will have the following roles and responsibilities:

(i) Act and decide on each complaint within 15 working days once the complaint has
been filed by the AP.
(ii) Provide feedback to the AP on the status of complaint and the decision of the RIMC
through the Help Desk or GR Officer.

Local Housing Office or Local Inter-Agency Committee (LIAC)

83
Composition and other functions discussed in detail in Chapter 11 of this RAP.

260
603. As the second level of GRM for ISFs, LHO or LIAC will act to resolve the complaints
elevated or forwarded by the Help Desk or GR Officers. In particular, the LHO or LIAC will:

(i) Act and decide on each complaint within 15 working days once the complaint has
been filed to the LHO or LIAC by the AP.
(ii) Provide feedback to the AP on the status of complaint and the decision of the LHO
or LIAC through the Help Desk or GR Officer.

Project Inter-Agency Committee (PIAC)

604. The PIAC will receive all complaints and determine complaints forwarded from the LHO
or LIAC, or the RIMC. As the GRM’s third level, the PIAC will have the following roles and
responsibilities:

(i) Act and decide on each complaint within 15 working days on the complaint filed to the
PIAC by the second-level of the GRM.
(ii) Provide feedback to the AP on the status of complaint and the decision of the PIAC
through the ROW-PMO or the LIAC.

605. Grievances from the APs related to the resettlement implementation or any related
issues with regard to the project will be handled, free of monetary charge, through a process
of negotiations aimed at arriving at a consensus decision. The procedures for ISFs and legal
APs are described in the table below.

Table 120: Grievance Redress Mechanism Procedure


Steps By Actions
Any aggrieved stakeholder will lodge his/her grievance in person to the Help
Aggrieved
1 Desk, or in writing, verbally or electronically transmitted to the GR Officers
Stakeholder
within the NSCR-EX PMO for immediate action.
When received in person, the grievance may be written down by the staff of
the Help Desk on behalf of the aggrieved stakeholder, who will sign the
written complaint for official submission.

Explain process to the aggrieved stakeholder and give contact details of


where the complaint will be forwarded and who is responsible for acting on
complaint.
1st Level
Help Desk Review the complaint to determine whether it is project related or not. If the
2
established at concern is beyond the GR Officers’ capacity to decide, forward the complaint
each LGU to the 2nd level.
a) If the complaint is project- related,
b) If it is not project related, the
the Help Desk will forward the
Help Desk will assist the AP by
complaint to the RIMC for
referring the complaint to the
concerns pertaining to legal APs,
appropriate agency or LGU who
and LHO or LIAC for ISFs’ within
may be able to act on the
15 working days from receipt of
complaint.
complaint.
If the aggrieved stakeholder is not
satisfied with the decision of the Help
Aggrieved Desk that the complaint is not project
3
Stakeholder related, the aggrieved stakeholder
may elevate his or her complaint to
the RIMC, LHO or LIAC.

261
Steps By Actions
Receive request from the aggrieved
stakeholder to elevate his/her
complaint to RIMC, LHO or LIAC
4 Help Desk
Record the status of the aggrieved
stakeholder complaint.
Receives complaint from the Help Desk.
2nd Level
Act and decide on the complaint within 15 working days reckoning from the
RIMC (Legal
5 day it is received from Help Desk
APs) or LHO
/LIAC (ISFs)
Inform the Help Desk the action and/or decision on the aggrieved
stakeholder’s complaint.
Receive and record decision of 2nd level decision maker.
6 Help Desk
Inform to the aggrieved stakeholder.
Receives action of the 2nd level through the GR Officer. If satisfied, the
complaint is resolved and recorded accordingly. If not satisfied with the
Aggrieved decision of the 2nd level or if his or her complaint has not been acted upon
7
Stakeholder within a period of 15 working day and has not received any response from
the 2nd level decision maker, the aggrieved stakeholder can forward the
complaint, or file an appeal, to the PIAC.
Receive request from the aggrieved stakeholder to elevate his or her
complaint to the PIAC.

8 Help Desk Record the status of the aggrieved stakeholder complaint.

Forward the complaint to the 3rd Level within 15 working days from receipt of
complaint.
Receives complaint from the Help/Grievance Desk

Act and decide on the complaint within 15 working days and inform the
3rd Level
9 decision to the aggrieved stakeholder on the decision accordingly.
PIAC
Inform the Help Desk the action and/or decision on the aggrieved
stakeholder’s complaint.
Receive and record decision of PIAC.
10 Help Desk
Inform to the aggrieved stakeholder.
Receives action of the 3rd Level through the Help Desk. If satisfied, the
complaint is resolved and recorded accordingly. If not satisfied with the
Aggrieved decision of the 3rd Level or if his or her complaint has not been acted upon
11
Stakeholder within a period of 15 working day and has not received any response from
the 3rd Level, the aggrieved stakeholder can forward the complaint or file an
appeal to the Court.
Receive request from the aggrieved stakeholder to elevate his or her
complaint to the Court.

12 Help Desk Record the status of the aggrieved stakeholder complaint.

Forward the complaint to the Court within 15 working days from receipt of
complaint.
Help Desk / Receives complaint from aggrieved stakeholder. Once the complaint is filed
13
Court in the Court, the judicial procedures for the trial on the case will be followed.

262
606. Implementation of GRM must be anchored on several principles to guide process,
decisions, resolutions and steps forward. The guidelines for GRM are as follows:

(i) Keep the claimant’s details confidential;


(ii) Procedure must be explained, and cases must be presented and deliberated in a
language understandable by the APs (i.e. technical terms must be explained in a
layman’s term);
(iii) Grievance procedure must be transparent, gender responsive and culturally
appropriate;
(iv) Readily accessible to the affected persons at no costs and without retribution.
Aggrieved stakeholder will not be charged of any fees (administrative and legal
fees) in filing of their grievance.
(v) All complaints received in writing, verbally or transmitted electronically will be
documented and filed. Upon receiving a complaint from the aggrieved stakeholder,
the Help Desk will accomplish the Grievance Action Form (GAF).
(vi) The GAF will be stamped with a “Received” mark with corresponding reference
no., date of receipt and signature of the persons who received the said letter. The
aggrieved stakeholder will be given a copy of the control number for record
purposes.
(vii) Actions and decisions made with the received complaints, grievances and appeals
by the PIAC, LHO or LIAC, and RIMC or NSCR-EX PMO, will be reported and
discussed by the Help Desk during weekly meetings.
(viii) If the grievance indicated in the letter cannot be readily addressed, the aggrieved
stakeholder will be referred to the appropriate authority. The following will be
indicated in the GAF: name of the authority to look for, date when the aggrieved
stakeholder can meet with the said authority, and the venue for the meeting.
(ix) The Help Desk will publish the GRM procedures in the form of handouts written in
Filipino such as pamphlets, brochures or leaflets. All concerned institutions,
including Barangays, LGUs, and the NSCR-EX PMO, will use the same handouts
in explaining the GRM procedures to the aggrieved stakeholder who may come to
them to raise their issue or concern. Additional communication materials will also
be produced (refer to Section M). Training will be provided for concerned
institutions on the GRM procedures. The GRM handout will be disseminated
through LGUs and Barangays as well as DOTr; and this will be disclosed at the
website of DOTr and LGUs.

607. A Grievance Action Form (GAF), will be used to cover the various aspects of property
acquisition described in the RAP. A sample form is attached in Appendix 11.

608. At all levels, a central grievance registry is maintained to keep track and document the
number and type of complaints and grievances that have been raised, as well as their status
and action/s taken. The GAF will, as a minimum, contain the following:

(i) Basic information on AHs (name, address, contact number);


(ii) Date of last disclosure meeting;
(iii) Category of grievance filed (Legal, Technical or Engineering, Social, and
Financial); and
(iv) Type of action taken.

609. For record keeping purposes, the GAF will be entered into the GRM central database
system in order to facilitate future resolutions and to conduct effective monitoring and
evaluation. The central database system will be designed to accommodate the manual

263
inputting of the GAFs for GRM officers who entertain complainants personally visiting the Help
Desk. The design of the central database will also include mobile platforms, by which field
officers or railway staff can easily upload complaints, letters or verbal feedback during their
site visits.

610. The Luzon wide Enhanced Community Quarantine due to COVID 19 pandemic will
have an impact on the dates of the GRM setting up in at the LGUs in Laguna and Metro Manila.
The details and status of the DOTr plan in establishing the GRM Help Desk per LGU are found
in the table below:

Table 121: GRM Help Desk Set Up in the South (SCRP and Blumentritt-Solis)
LGUs Status Date Set Up at the LGU Schedule of GRM HD
Active Not Active Level (Once every other week)
1. Calamba Not yet 2 April 2020 Thursday
2. Manila City Not yet 3 April 2020 Friday
3. Makati City Not yet 12 May 2020 Tuesday
4. Taguig City Not yet 13 May 2020 Wednesday
5. Paranaque City Not yet 12 May 2020 TBA
6. Muntinlupa City Not yet 13 May 2020 TBA
7. San Pedro City Not yet 13 May 2020 Wednesday
8. Binan Not yet 13 May 2020 Wednesday
9. Sta. Rosa City Not yet 14 May 2020 Thursday
10. Cabuyao Not yet 14 May 2020 Thursday
• Source: DOTr GRM Team

611. DOTr will recruit and retain dedicated GR Officers for the project whose tasks and
responsibility will be focused entirely on the GRM. There will be GR Officers assigned to the
central hotline during business hours, and a roster for GR Officers to be on duty at each LGU
Help Desk. At a minimum, the Help Desk will be open at least once a week and will operate
more frequently leading to the issuance of the Notice of Taking (NoT) and during relocation
period.

612. Each Help Desk is to be staffed by both DOTr GRM Officers and counterpart LGU
GRM focal person/s. For the SCRP, including Manila (Blumentritt Section), the plan is to start
the operation of the Help Desks between April and May 2020 depending on the start-up date
agreed upon with the respective LGUs. Table 122 below describes the human resources of
the GRM Help Desk per LGU.

Table 122: GRM Help Desk Human Resources per LGU in the SCRP
No. of GRM
LGUs Officers Additional Information Remarks
DOTr LGU
Manila City 3 2 Manila LGU’s Urban Settlements Office Setting up stage
(USO) is under renovation where HD will
be set-up. GRM Training attended by LGU
representatives.
Makati City 1 2 Training attended – 05 March 2020 with 2 Setting up stage
New LGU GR Officers assigned.

264
No. of GRM
LGUs Officers Additional Information Remarks
DOTr LGU
Taguig City 1 2 2 LGU GR Officers assigned. Cannot set Setting up stage
up until the Mayor is met. FS Data is
available. No DD RAP.
Paranaque City 1 2 Twice attended the training on GRM. Setting up stage
Concern on the alignments – MMSP and
NSCRP
Muntinlupa City 2 2 Still to be confirmed location of the HD with Setting up stage
the LGU
San Pedro City 2 2 Active participants; attended previous GRM Setting up stage
Training/workshop
Binan 2 2 Most concerns on ISFs; ahead in terms of Setting up stage
activities with SHFC
Sta. Rosa City 1 2 RRAP schedule on 13-14 March 2020; Setting up stage
Community Assembly (CA) with SHFC held
on 29 February 2020 and announced the
opening of HD in May.
Cabuyao 1 3 2nd SCM on 11 Mar for LO; Active, Help Setting up stage
Desk ready
Calamba 2 2 HD is ready. Resources are identified. 2nd Setting up stage
SCM on 12 March 2020
• Source: DOTr GRM Team

613. The type of grievance during project design and planning are: (i) survey and tagging
concerns (ii) compensation-related grievances by project affected people whose land and
dwellings will be acquired for railway construction (e.g. impacts of land acquisition on
livelihoods and incomes, valuation, and inadequate compensation; and (iii) design related
grievances (question the project alignment and ask for changes so that their lands and
properties would not be affected). DOTr GRM Team are able to address them—of the 107
issues filed and documented, 92% is done, 5.6% is on-going with only 1.87% pending.
Example of the tracking system of the type of issues received by DOTr hotlines are described
in the table below:

Table 123: Type of Issues Received by DOTr


Issues Count %
Survey and Tagging Concerns 33 30.84
RAP Compensation 6 5.61
Inquiry ROW Map 17 15.89
Inquiry Masterlist 11 10.28
Meeting Request 6 5.61
Relocation 10 9.35
Demolition Concern 5 4.67
Inquiry Timeline 5 4.67
Ownership Validation 3 2.80
Relocation Extrajudicial Settlement 1 0.93
Inquiry Resettlement 3 2.80
Legal Consultation 3 2.80

265
Request for Updates 1 0.93
Inquiry on Schedule 1 0.93
RAP Appraisal 1 0.93
Request for Realignment 1 0.93
Total 107 100.00
Source: DOTr GRM Team

614. The LGUs are yet to allocate a dedicated fund for use in the operations of the GRM
through a Memorandum of Agreement (MOA) on the RAP Implementation Management
Committee (RIMC) with the DOTr. LGUs will be able to provide the office space with work
desk, office supplies such as papers, printing and photocopying services. DOTr GRM Officers
will be provided laptop computers. In some LGUs, internet connections will be available. GRM
Team will be utilizing the IEC materials including the Project Information Brochures (PIBs) and
posters provided by ADB. The reproduction of copies for future use has no allocated funds
yet. For the South, DOTr will tap Social Housing Financing Corporation (SHFC) to support the
reproduction of the materials prior to Help Desks operations.

615. The DOTr GR Officers and the designated LGU counterpart personnel for the
establishment and operations of the Help Desks will undergo a series of training on the GRM.
The trainings and iteration workshops which will be organized by the DOTr will equip them
with:

Understanding the technical details of the project including valuation, compensation and other
resettlement matters;
• Skills on receiving, registering, and sorting grievances;
• Effective and proper communication of GRM decision to affected people;
• Skills on negotiation, dispute resolution, and facilitation skills;
• Management of the grievance redress process – assigning roles, monitoring
performance of staff dealing with complaints, and resolving project related concerns;
• Creating awareness on the importance of GRM in problem solving at the local level,
• Using communication materials such as job aids (e.g., project frequently asked
questions (FAQs), flip charts on GRM processes, etc.); and
• Effective monitoring scheme for the Help Desk.

616. In line with the Communications Strategy for the project, communication materials will
be produced to assist the GR Officers and other field staff. The communications materials will
include such items as grievance redress mechanism in text and visual forms, project details
and maps, FAQs, and procedures relating to land acquisition and resettlement among many
others. A communications-based assessment of APs and stakeholders will inform the
development of these communications materials, in order for these materials to be customized
and targeted to the requirements of stakeholders and their preferred channels and languages
of communication.

266
617. The GRM monitoring is a part of the resettlement monitoring and the NSCR-EX PMO
will contribute to the quarterly monitoring reports on GRM that describe the accomplishments
and status of unresolved grievances (e.g. types of grievance, location received, action/s taken,
etc.) of each agency to higher level authorities. These reports will form part of the Internal
Monitoring Report to be submitted to ADB and JICA.

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11. CHAPTER 11: RAP IMPLEMENTATION ARRANGEMENTS
12.
618. This chapter discusses the implementation arrangement for SCRP detailing the
structure, function and obligation of the implementing agency, and RAP implementing partners
composed of the funding institutions, national agencies, local government units, and non-
government organizations. The implementation arrangement is presented in two layers, (i) the
Internal Organization of DOTr; and (ii) the External Structure on which DOTr as the
implementing agency (IA) shares the obligation with other agencies that are mandated by law
or by agreements to implement certain portions of this RAP. This arrangement requires
systematic exchange of information and sharing of resources between and among these
agencies which this RAP will describe and which will be institutionalized through an Executive
Order (E.O.) or a Joint Memorandum Circular (JMC).

619. As the implementing agency (IA) for SCRP, the DOTr will supervise and coordinate
implementation of all activities, guaranty and monitor compliance to this RAP, secure sufficient
funding for all resettlement related activities, allocate resources in a timely manner, set target
output with corresponding timeline, monitor progress, consolidate report from all implementing
units, and document gaps and find appropriate solution. These general roles of DOTr as IA
will be largely carried out by a special office created for this purpose, the SCRP Project
Management Office (SCRP DOTr is headed by the Department Secretary who directly reports
to the President of the Philippines. The Department Secretary is assisted by several
Undersecretaries that heads their respective division. For this project, the Undersecretary for
Railways will directly supervise the NSCR-EX PMO and the Right-of-Way Project
Management Office (ROW PMO), and make critical decisions related to RAP implementation.
The Undersecretary for Legal & Procurement and the Undersecretary for Planning are both
members of the Technical Working Committee (TWC) and will provide legal and technical
support to the ROW PMO that is directly responsible in the acquisition of ROW. Presented in
Figure 42 is the Organizational Structure of DOTr, succeeded by section describing the
composition, roles and responsibilities of its key units.

268
Figure 42: Organizational Structure of DOTr

269
620. Three special bodies mentioned earlier will carry-out critical roles in the implementation
of this RAP. These are the DOTR TWC, ROW PMO and NSCR-EX PMO.

The DOTr Technical Working Committee for the Acquisition of Sites/Right-


of-Way for the Department’s Infrastructure Projects

621. Department Order No. 2013-05 specifies the composition of the Technical Working
Committee (TWC) for the Acquisition of Sites/Rights-Of-Way for the Department’s
infrastructure projects under the management of DOTr. DOTr TWC will provide support to all
project management office under DOTr including the NSCR-EX PMO.

622. Composition of DOTr TWC. The DOTr TWC is established under the Office of the
Undersecretary for Legal and Procurement of the DOTr.

Table 124: Composition of DOTr TWC


Position Member
Leader Chairman: Director, Legal Service
1
Vice-Chairman: Director Planning Service
Member Executive Director Concerned
Chief, Legal Affairs and Research Division
Project Manager/Engineer Concerned
Representative of Legal Service
2
Representative of Planning Service
Representative of Finance and Comptrollership Service
Representative of Procurement Supply and Property
Management Service
3 Observer Representative, COA Resident Auditor

623. Roles and Responsibilities of DOTr TWC. The DOTr TWC is responsible for the
effective and unhampered implementation of projects. No infrastructure project will be bid
and/or commenced unless the acquisition of site and/or right-of-way of lots affected by the
project are determined/settled as certified by the Committee.

624. The following are the roles and responsibilities of the DOTr TWC:

(i) Provide overall supervision and coordination in the planning, implementation,


monitoring and evaluation of land/site acquisition activities;
(ii) Evaluate and examine all documents pertaining to the property to be acquired;
(iii) Certify that at least 50% of required right of way had been acquired on the date
of bidding where the project is of such magnitude that it would take more than one year
to complete before the same is advertised and bid out, or the necessary complaint for
expropriation had been filed and the corresponding writ of possession had been issued
by the court;
(iv) Study and approve the acquisition price of the real property to be acquired,
including improvements thereon, as recommended by an IPA/GFI, in accordance with
R.A. 10752 and its implementing rules and regulations (IRR); and
(v) Approve payment of resettlement benefits to project affected property owners.

Right-of-Way Project Management Office (ROW-PMO)

625. ROW PMO will be directly responsible for the acquisition of right-of-way for all railway
projects under the support of the Technical Working Committee. It is focused on the ROW
acquisition, and resettlement of APs, particularly those who own affected lands pursuant to
the provisions of this RAP and acceptable to the government’s auditing mechanism.

270
626. Composition of ROW-PMO. The ROW-PMO will be established under the Office of
the Undersecretary for Railways of the DOTr, linked to the Technical Working Committee while
overall leadership will be exercised by its Project Director. The team composition of the ROW-
PMO is shown in the table below.

Table 125: Composition of the ROW PMO


Position Member
1 Leader Project Director
2 The ROW-PMO is to be further divided into five teams that are headed by a
Team Leader.
ROW Acquisition Team (ROW-AT)
Team ROW Relocation and APs Concern Team (ROW-RAPsCT)
ROW Environmental and Site Clearing Team (ROW-ESCT)
ROW Administrative Support Team (ROW-AST) with sub-teams/sub-units
ROW Monitoring and Internal Audit Team (ROW-MIAT) 3
3 Supporting Project Manager: Representative from DOTr/PNR
Services Deputy Project Manager: Representative from DOTr/PNR
4 Six Divisions which is headed each by a Division Chief.
Civil Works Division
Electricity and Mechanical System Division (EMS Division)
Division Rolling Stock Division (RS Division)
Engineering Support Division (ES Division)
Environment Social and ROW division (ESR Division)
Project Control and Support Division (PCS Division)

627. Roles and Responsibilities of ROW PMO. The ROW-PMO is responsible for the
following tasks:

(i) Execute DOTr’s duties and responsibilities in ROW acquisitions;


(ii) Read, know and understand the provisions of this RAP particularly the
Entitlement Matrix;
(iii) Ensure timely procurement of GFI services and monitor appraisal of affected
properties, thereafter;
(iv) Issue Notice of Taking (NoT) and Letter Offer (LO) duly approved and signed
by proper authorities;
(v) Offer step-by-step guide to APs in securing required documents, particularly in
extra-judicial settlement (EJS) cases;
(vi) Carry-out timely payment of compensation to APs; and
(vii) Monitor and ensure timely clearing of the ROW and relocation of APs.

628. The table below shows the tasks and responsibilities of the Project Director and team
members of the ROW PMO.

Table 126: Tasks and responsibility of Project Director and Teams


No Team Task and Responsibilities
1 Project Director Submit, for the Undersecretary for Railways and the Secretary’s
consideration, policies and measures which are necessary to carry out
the mandate and functions of the ROW-PMO;
Prepare the budget of the ROW-PMO for recommendation of the
Undersecretary for Railways and approval of the Secretary;
Execute and administer plans, policies and measures for recommendation of
the Undersecretary for Railways and approval of the Secretary;
Subject to the approval of the Secretary and insofar as allowed by
established rules and regulations, to oversee the operations and internal
administration of the ROW-PMO, and for this purpose, to delegate some
or any of his/her powers and duties to other officers of the ROW-PMO;
Represent the ROW-PMO in all dealings with other offices, agencies and

271
No Team Task and Responsibilities
instrumentalities of the government, and with all persons and entities,
public or private;
Prepare and submit annual report on the activities of the ROW-PMO on or
before the end of the first quarter after the fiscal year completed, and to
submit a copy thereof to the Secretary and the Undersecretary for
Railways, and to other government authorities, as may be requested;
Engage in inter-agency consultation, coordination and to request for
technical assistance in the performance of the office’s functions; and
Exercise such other powers and duties that are proper or necessary to carry
out the mandate and functions of the ROW-PMO, as may be vested in
him/her by the Secretary and/or the Undersecretary for Railways
2 ROW Perform, in coordination with the ROW-RAPsCT and ROW-ESCT, pre-
Acquisition acquisition activities such as planning, determination of appropriate
Team signatories for ROW transactions, validation of surveys, and preparation
(ROW-AT) of cost estimates of structures/improvements, and compensation price
for negotiated sales, public information, campaign, gathering and
validation of plans and documents and inventory of outstanding claims
Identify, in coordination with Land Registration Authority, titled properties
falling within the specified points of interest and alignment of interests for
the purpose of ROW acquisition.
Study and recommend the applicable mode of acquiring real property, from
any of the modes enumerated under Section 4 of the IRR of R.A. 10752
and facilitate observance of procedures and standards and compliance
with requirements under the said IRR/RAP, and other relevant standards
corresponding to the approved mode of acquisition.
Recommend the engagement of Government Financial Institution through a
competitive process, with adequate experience in property appraisal, or
recommend the procurement of services of an independent property
appraiser accredited by the Bangko Sentral ng Pilipinas (BSP) or
professional association of appraisers recognized by the BSP, whenever
justified by circumstances contemplated in the IRR.
Coordinate and negotiate with property owners, in collaboration with ROW
ESCT, affected by the approved sites for acquisition and, whenever
necessary, coordinate with other affected parties, including the LGU
concerned.
Issue notices of taking or letter offer, facilitate processing of replacement
costs, payment and just compensation, assists in the removal of
structures or improvements, and facilitate the transfer of title in the name
of the Republic of the Philippines
Recommend the filing of expropriation complaints, in the event of refusal or
failure of the property owner to accept the final offer of purchase within
30 days from receipt hereof and/or refuses to submit the documents
necessary for payments; assist in the preparation of documents for
expropriation, endorsement to the Office of the Solicitor General of
complaints for expropriation and attend court hearing as witness,
whenever necessary.
Assist implementation of writs of possession and perform acts to secure full
site possession of the required ROW, in accordance with law to allow
immediate commencement of works.
Screen and review all ROW claims and the genuineness or authenticity of
supporting documents submitted.
Prepare a ROW acquisition Manual and update or amend whenever
necessary.
Coordinate and request for the assistance from government agencies in the
post-acquisition activities including demolition, or demolition related
activities and other clearing operation.
Submit the team’s annual and supplementary budgetary requirements for
approval and allocation of funds

272
No Team Task and Responsibilities
Perform such another necessary activities assigned by the Undersecretary
and/ or the Secretary.
3 ROW Perform, in coordination with ROW-AT and ROW-ESCT, pre-acquisition
Relocation and activities, such as, but not limited to, planning, public information
APs Concern campaign, validation of census/tagging of ISFs and IPs, preparation of
Team cost estimates, and aiding concerned national agencies and LGUs in the
(ROW- identification of APs.
RAPsCT) Attend to and address grievances of APs related to ROW and share to –
SCRP PMO for consolidation.
Represent the DOTr in coordination meetings, conferences, and similar
activities with concerned LGUs and national agencies, for the relocation
and resettlement of APs affected by ROW acquisition.
Submit a plan of action, in accordance with the law and the RAP, to the
Secretary and Undersecretary for railways and whenever requested by
concerned national agencies and LGUs for every acquisition that
involves displacement and relocation of APs.
Participate and represent the DOTr in consultation meeting with affected
persons, non-government organization, private sectors, and other
stakeholders, in coordination with concerned LGUs and national
agencies.
Secure Certificate of Compliance in the event of Eviction and Demolition of
ISFs from respective Local Housing Boards/ Local Inter-Agency
Committee (LIAC), or their equivalent bodies.
Strictly oversee and observe the procedures under relevant laws, policies
and guidelines whenever eviction and demolition are justified, and to
submit reports in relation thereto, to the Undersecretary for Railways
and the Secretary.
Provide assistance to the concerned national agencies and LGUs, whenever
required;
Provide input in the preparation and finalization of the Resettlement Action
Plan (RAP);
Provide assistance to relocation project beneficiaries in planning, crafting,
and implementation of their post relocation activities, such as but not
limited to, income restoration, and estate management, and coordinate
these with concerned national agencies and LGUs;
Submit the team’s annual and supplementary budgetary requirements for
approval and allocation of funds;
Perform such other necessary activities, as may be assigned by the
Undersecretary for Railways and/or the Secretary;
4 ROW In collaboration with the ROW-AT and ROW- RAPsCT, to prepare and
Environmental submit the necessary documents, plans and requirements in compliance
and Site with applicable environmental laws, and other policies protecting the
Clearing Team rights of marginalized sectors that may be affected by ROW
(ROWESCT) acquisitions, such as, but not limited to, Environmental Compliance
Certificate and Indigenous People’s Action Plan, and provide technical
guidance and support in the implementation thereof.
In collaboration with ROW-AT and ROW-RAPsCT, to assist project
consultants and managers, in preparing the parcellary survey of project
area, verification of APs, final inventory of affected assets, and
information dissemination, among others.
Recommend amendment or updating of the approved RAP whenever
necessary.
Follow-up with the proper office for the processing of compensation claims of
APs.
In collaboration with the ROW-AT, monitor the actual payment of
compensation to APs.
In collaboration with ROW-AT and ROW-RAPsCT, prepare periodic
supervision and monitoring reports on RAP implementation.

273
No Team Task and Responsibilities
Submit the team’s annual and supplementary budgetary requirements for
approval and allocation of funds.
Perform and/or assist site clearing activities, whenever necessary, after
demolition.
Perform and/or assist in utilities diversion, whenever necessary.
Perform such other necessary activities, as may be assigned by the
Undersecretary for Railways and/or the Secretary.
5 ROW In charge of accounting, records, maintenance and utility, and other sub-
Administrative teams/sub-units as may be included and approved in the staffing plan,
Support Team or may be determined by the Secretary;
(ROWAST) Ensure availability of resources and logistical support for the ROW PMO;
Each sub-team/sub-unit will provide support services to the ROW-PMO
through the exercise of their established disciplines, in accordance with
existing government policies and guidelines and submit the team’s
annual and supplementary budgetary requirements for approval and
allocation of funds.
6 ROW Monitoring In charge of monitoring and auditing of the IA’s/ROW-PMO and partner-
and Internal agencies’ compliance with commitments and performance of obligations
Audit Team under relevant laws, rules and regulations.
(ROWMIAT) Responsible for the consolidation and submission of reports including
accomplishment reports, monitoring report, team’s annual and
supplementary budgetary requirements for approval and allocation of
funds;
Perform such other necessary activities, as may be assigned by the
Undersecretary for Railways and/or the Secretary properties that will be
acquired for right-of-way and relocation sites of ISFs. It will also secure,
on behalf of the Railways Office, writs of possession which will be
applied before and issued by the court.
7 DOTr Legal Provide support to the ROW-PMO, including, but not limited to the following:
Service technical assistance, advisory functions, interagency consultation,
coordination and collaboration, case management, drafting of legal
forms and preparation of documents, legal opinions, drafting and/or
reviewing of complaints for expropriation, appeals, and other court-
bound papers.
Provide legal advice and step-by-step guide to the team and to the APs on
legal issues related to ROW acquisition;
Coordinate with the Office of the Solicitor-General, Office of the Government
Corporate Counsel, or their deputy government or private legal counsel
in filing of expropriation cases before the court.
8 DOTr Finance Download or affirm any prior downloading of both obligated and unobligated
and funds for the payment of ROW claims and ROW related expenses to the
Management ROW-PMO, and provide technical assistance for the proper processing
Service and review of any aspect of ROW claims

SCRP Project Management Office (NSCR-EX PMO)

629. The NSCR-EX PMO will be the implementing office of the SCRP Project in accordance
with JICA and ADB policies on involuntary resettlement. The PMO will be created by way of a
Special Order prior to the mobilization of General Consultant. It will be the representative of
the Department in all activities pertaining to the planning, technical design review, and
implementation of the project.

630. The following will be responsible for the decision-making, planning and implementation
of the overall project activities:

a. Project Director
b. Co-Project Director and

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c. Management Director

631. In terms of project management, a Project Manager and Deputy Project Manager will
be assigned. The PMO will consist of six divisions, composed of technical staff, legal staff and
administrative staff.

632. Roles and Responsibilities of NSCR-EX PMO. Provide technical assistance on day-
to-day activities and management monitoring of the Project, such as:
d. Site identification, selection and preparations.
e. Detailed Engineering Design, construction drawings and all other related documents.
f. In coordination with ROW PMO, ensure timely implementation of the Resettlement
Action Plan including the acquisition of the ROW and resettlement of APs.
g. Supervise construction of all Civil Works Packages, supply, installation and
commissioning of Electro-Mechanical Component; supply, delivery and commissioning
of Rolling Stock Component;
h. Secure necessary approval and permit from concerned government agencies, LGUs,
and other stakeholders, including relocation of utilities;
i. Supervise the general consultant undertaking the Detailed Engineering Design review,
tendering and construction;
j. Monitor the progress of the Project to ensure that compliance with the conditions of the
contract are carried out by the general consultant and general contractor;
k. Conduct internal monitoring of RAP implementation; and
l. Submit periodically (monthly basis) all necessary reports to DOTr and act under the
overall direction of the Undersecretary for Railways.

633. As per guidance in the DRAM, before the DOTr issues the Notice of Award for the
construction contract, DOTr will obtain at least a Permit to Enter (PTE) the ROW from the
owner, or a or a notarized DAS or Deed of Donation executed in favor of the government, or
a Writ of Possession (WOP) from the concerned court, as the case may be. Given the nature
of the investment as a large multi-year project, the Notice of Award may be immediately issued
to cover the entire project, but the Notice to Proceed (NTP) may be issued by segment
according to the phased implementation of the project with corresponding phased delivery of
the required ROW. In such a case, the general practice is that each ROW phase should
provide a land area free from obstructions with at least a PTE to enable the contractor to do
at least six months of continuous construction.

634. Construction will not be allowed to commence until full compensation has 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 that the required RAP
provisions have been satisfactorily completed and furnish details on compensation and
entitlements provided and resettlement assistance provided. After ADB’s acknowledgement,
the notice to proceed will be issued by DOTr to the Contractor.

635. Composition of NSCR-EX PMO. The organization structure of NSCR-EX PMO is


described in the table below.

Table 127: Composition of NSCR-EX PMO


No Position Member
1 Oversight Project Director: Assistant Secretary for Railways
Function Co-Project Director: PNR General Manager
Managing Director: Representative from DOTr
2 Manager Project Manager: Representative from DOTr/PNR
Deputy Project Manager: Representative from DOTr/PNR
3 Division Six (6) Divisions which is headed each by a Division Chief.
Civil Works Division

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No Position Member
Electricity and Mechanical System Division (EMS Division)
Rolling Stock Division (RS Division)
Engineering Support Division (ES Division)
Environment Social and ROW division (ESR Division)
Project Control and Support Division (PCS Division)

The Environment, Social and ROW Division (ESR Division)

636. The Environment, Social and ROW Division (ESR Division) of NSCR-EX PMO will
be directly responsible in coordinating RAP implementation with the ROW PMO and other
implementing partners. Additionally, it will assign a dedicated group of staff to (i) supervise the
implementation of the Livelihood Restoration and Improvement Program (LRIP); (ii) monitor
development of relocation sites and relocation activities including the provision of interim
shelters (rental or temporary shelter); (iii) handle the Grievance Redress Mechanism; and (iv)
conduct internal monitoring

637. Roles and Responsibilities of Environment, Social and ROW Division (ESR Division):

a. Preparation of the DED Stage RAP

The ROW Relocation and PAPs Concern Team (ROW-RPAPsCT) will be responsible for the
preparation of the DED Stage RAP. Specific related responsibilities in coordination with ROW
Acquisition Team (ROW-AT) and ROW Environmental and Site Clearing Team (ROWESCT)
include pre-acquisition activities, such as, but not limited to, planning, public information
campaign, census and tagging, identification of ISFs, preparation of cost estimates, and
providing assistance to concerned national agencies and LGUs in the identification of PAPs.
ROW Environmental and Site Clearing Team (ROWESCT) will be responsible to recommend
amendment or updating of the approved RAP whenever necessary. In these tasks, DOTr will
be assisted by the Contract Supervision Consultant (see below).

b. Livelihood Restoration and Improvement Program


(i) Prepare an action plan for Livelihood Restoration and Improvement Program
(LRIP) in coordination with the Livelihood Committee of the Technical Working
Group (TWG), DHSUD and LGU;
(ii) Identify gaps and address these gaps; and
(iii) Execute the action plan for LRIP particularly those that are not covered by the
KSAs, DHSUD and partner NGAs;

c. Resettlement and Relocation


(i) Coordinate with Key Shelter Agencies (KSAs) and Local Government Units
(LGUs) in identifying, selecting, acquiring, and developing sites for relocation;
(ii) Monitor progress and accomplishment of KSAs and LGUs related to relocation site
development;
(iii) Represent DOTr in, and monitor, the actual relocation; and
(iv) Monitor provision of interim shelters especially those that will be provided rental
subsidy instead of temporary shelters.

d. Grievance Redress Mechanism


(i) Create a group of Grievance Desk Officers composed of staff with technical
capacity to explain the project design and alignment, knowledgeable on land-
acquisition and well versed on the provisions of the Entitlement Matrix (EM), local
laws and international guidelines;
(ii) Assign a dedicated group of Grievance Desk Officers for each LGU;

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(iii) Create a database accessible to all Grievance Desk Officers with corresponding
cyber security policies in place to protect the identity and privacy of the
complainants; and
(iv) Carry out all other applicable functions described in Chapter 10 of this RAP.

e. Internal Monitoring

638. Carry out all functions related to internal monitoring as described in Chapter 14.

639. The implementation of this RAP requires the technical expertise, mandate, network
and resources that are available in other agencies and organizations outside of DOTr. For
example, development of socialized housing sites is not within the present technical capacity
nor mandate of the Department to do. Similarly, implementation of the LRIP requires technical
expertise, network and resources that are available in other NGAs and the LGUs that have
existing programs for livelihood. Hence, DOTr will tap these existing programs and resources
not only to minimize project cost, but to ensure efficient delivery of these services to the APs.

640. The external structure presents the relationship of DOTr to these agencies and
explains the roles and responsibilities of the funding agencies, the supervising consultant, the
local government units and RAP implementing partners.

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Figure 43: RAP Implementation Structure

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The Project Inter-Agency Committee (PIAC)

641. As the implementing agency, DOTr through its Secretary will coordinate with other
Department Secretaries to establish the Project Inter-Agency Committee (PIAC) through an
Executive Order (EO) to be issued by the President of the Philippines.

642. Composition of PIAC. The PIAC will be chaired by the Secretary of the DOTr and Co-
Chaired by the Chairman of the Department of Human Settlements and Urban Development
(DHSUD).

Table 128: Composition of PIAC


Role Member
1 Leader Chairman: Undersecretary for Railways
Vice-Chairman: DHSUD
2 Member 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 Agrarian Reform (DAR)
Department of the Environment and Natural Resources (DENR)
Department of Finance (DOF)
3 Secretariat NSCR-EX PMO (Envi and ROW)

643. Roles and Responsibilities of PIAC. The PIAC will be responsible in creating inter-
agency policies or agreements regarding sharing of resources, exchange of information and
linking of programs for the effective and unhampered implementation of the Resettlement
Action Plan (RAP), in accordance with the laws of the Philippines, JICA Guidelines for
Environmental and Social Considerations (2010) and ADB Social Safeguards Policy (2009).
It will provide a high-level coordination to make resources, programs and information available
and accessible to the lower level units of each Department and LGUs where the actual work
of RAP implementation happens.

644. The following are the roles and responsibilities of the PIAC:

(i) Craft and approve project specific policies that are not in contrary to, and may
have not been covered by the provisions of the approved RAP;
(ii) Perform oversight function in the planning, implementation, monitoring and
evaluation of resettlement activities including site selection, site development,
actual relocation and integration of the APs to the host community;
(iii) Establish and maintain high level coordination to support the Technical Working
Group (TWG) and NSCR-EX PMO in the actual execution of plans and programs
for resettlement, livelihood restoration and provision of social safety nets;
(iv) Consolidate and mobilize resources to hasten the efficient implementation of the
RAP; and
(v) Review, deliberate and provide resolution/action on the grievance complaints
elevated at their level.

645. Roles and Responsibilities of PIAC Members:

a. Department of Transportation (DOTr)

(i) Serve as Chair of PIAC and preside on all meetings of the Committee.
(ii) Create a database of affected families accessible to all involved agencies
nationwide;

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(iii) Set guidelines in accessing this database to maintain confidentiality of information
and protect the privacy of APs;
(iv) Supply all data or information that other NGAs may require to be able to perform
their obligations to the Committee;
(v) Consolidate all reports presented by the participating agency and identify the gaps
or APs who are not yet served by any of the agencies, and recommend solution to
these gaps;
(vi) Assign a dedicated secretariat to document meetings of the committee, prepare
letters, set meeting schedule and venue, consolidate reports, provide update to
member agencies, TWG and its committees, and follow-up on actions/reports of
participating agencies, TWG and its committees.

b. Department of Human Settlements and Urban Development (DHSUD)

(i) Serve as Co-chairman of the PIAC;


(ii) Initiate creation of policies to support and enable relocation programs for the
project;
(iii) Coordinate with other national government agencies for the implementation of the
relocation plan and livelihood restoration and improvement program;
(iv) In coordination with HLURB, consolidate inventory of vacant/idle lands that may be
used as relocation site;
(v) Adopt or sponsor policies to allow innovative relocation strategies that suit the ever
changing landscape of urban development (i.e. public rental);
(vi) Present quarterly report on the progress of relocation site preparation, number and
names of qualified APs for relocation, number and names of APs relocated (from
where to where), schedule of relocation, number and names of APs not yet
relocated, target completion of all relocation activities, and other reports as may be
required by the committee; and
(vii) Provide data, documents as may be needed by the External Monitoring Agent
(EMA) during project monitoring and evaluation.

c. Philippine National Railways (PNR)

(i) Co-manage the overall implementation of the project with DOTr


(ii) Supply all information, data or documents regarding the PNR ROW and other PNR
properties;
(iii) Identify remaining PNR non-core properties that may be used for public rental
facility;
(iv) In coordination with LGU, PCUP and CHR, issue Notice to Vacate to APs who are
informal settlers or Eviction Notice to resisting APs; and
(v) Provide police force for security or other purposes as needed.

d. Department of the Interior and Local Government (DILG)

(i) Monitor compliance of LGUs to their tasks as mandated by RA 7279 and the Local
Government Code;
(ii) Guaranty cooperation of LGUs in the conduct of resettlement activities by
exercising general supervision over local governments;
(iii) Liaise with LGUs objecting to absorb ISFs residing outside their cities or
municipalities and determine possible assistance to accommodate relocatees;
(iv) Provide capacity building to LGUs, particularly the Local Housing Boards/Offices,
Social Welfare, and Livelihood Offices in implementing housing and resettlement
programs as necessary;
(v) Facilitate coordination between sending and receiving LGUs, and ensure equitable
sharing of resources between them;

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(vi) Present quarterly report gathered from LGUs; and
(vii) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

e. Department of Trade and Industry (DTI)

(i) Provide industry road mapping per receiving LGU;


(ii) Coordinate and monitor LGUs in establishing Negosyo Centers that will promote
ease of re-establishing business and facilitate access to services for Micro, Small
and Medium Enterprises (MSME) within its jurisdiction;
(iii) Facilitate access to grants, to government soft loan program (i.e. P3*) through
accredited Micro Finance Institutions (MFIs) or through the Small Business
Corporation; and other forms of financial assistance, including shared services
facilities and equipment, and other support for MSMEs through national
government agencies;
(iv) Create a nationwide program to facilitate equal access to grants, loan and
assistance to APs (certified by DOTr) who will opt for self-relocation;
(v) In coordination with DOLE, provide training and help create network for
establishing online business or other home-based enterprise for interested
housewives, female household head, persons with disability, and the elderly;
(vi) Establish a feedback mechanism among the MSMEs in the respective jurisdiction
of Negosyo Centers;
a. Present quarterly report of accomplishment to the PIAC indicating the number
of APs assisted per LGU, list of APs assisted - disaggregated by age and gender
(including those who opted for self-relocation), forms of assistance, amount of
capitalization provided, status of MSMEs and other information as may be
needed by the committee; and
b. Provide data, documents as may be needed by the EMA during project
monitoring and evaluation.

f. Department of Labor and Employment (DOLE)

(i) Craft an Emergency Employment Program for displaced employed APs who will
no longer be able to continue working in the same company due to the project;
(ii) In coordination with NSCR-EX PMO, identify qualified displaced wage-based
earners and facilitate access to Workers Income Augmentation Program (WIN-AP);
(iii) In coordination with NSCR-EX PMO and TESDA, identify qualified and trainable
APs; conduct consultation, training, assessment and screening (prioritizing those
who lose their jobs/livelihood due to the project or may not be able to continue
working in the same company or to operate same business due to relocation); and
ensure that these APs are prioritized for project construction and operation;
(iv) Facilitate access to Nego-Kart (Negosyo sa Kariton) for the displaced ambulant
vendors;
(v) In coordination with NSCR-EX PMO, provide Kabuhayan Starter KITS or facilitate
access to DILEEP Kabuyahan Restoration Package (PhP 10,000) to
qualified/trained vulnerable and underprivileged APs;
(vi) Provide labor market information on Key Employment Generators (KEGs) and hard
to fill and in-demand occupations (domestic and overseas) to serve as basis in
identifying relevant training program for the APs through TESDA;
(vii) Tap accredited organizations and Philippine Overseas Employment Agency
(POEA) to conduct jobs fair especially in off-city relocation sites;
(viii) Conduct career guidance and employment coaching to APs;
(ix) In coordination with the LGUs, put-up Employment Kiosks in areas accessible to
APs;

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(x) Present quarterly accomplishment report to PIAC indicating number and names of
APs assisted, forms of assistance provided, number of APs successfully re-
employed/employed abroad (including those who opted for self-relocation), and
other information as may be needed by the committee; and
(xi) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

g. Department of Social Welfare and Development (DSWD)

(i) In coordination with NSCR-EX PMO and KSAs, identify vulnerable and
underprivileged APs based on their National Household Targeting System for
Poverty Reduction;
(ii) Identify APs who are members of 4Ps and ensure that they will continually enjoy
the benefits of the program; and include in the program qualified APs who are not
yet member of 4Ps;
(iii) Identify elderlies qualified for the Social Pension Program for Indigent Senior
Citizens (SPISC) and facilitate their inclusion in the program;
(iv) Assist APs who are not qualified under DTI/DOLE programs to qualify for
employment and livelihood opportunities provided by the Department for
vulnerable and underprivileged (i.e. Trabahong Lansangan, capacity building,
capital resource provision and market linkage);
(v) Assign social-case workers to assist and monitor vulnerable and underprivileged
households during relocation and after relocation;
(vi) Present quarterly report to the PIAC indicating the number and names of
vulnerable and underprivileged APs absorbed and served in DSWD programs and
other information that may be needed by the committee; and
(vii) Provide data, documents as may be needed by the External Monitoring Agent
(EMA) during project monitoring and evaluation.

h. Department of Agrarian Reform (DAR)

(i) Provide recommendation and inter-agency support to fast-track land conversion


for social housing purposes;
(ii) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

i. Department of Environment and Natural Resources (DENR)

(i) Facilitate fast titling of untitled lands that are suitable for relocation site;
(ii) Provide inter-agency link to hasten the process of securing ECC and other
environmental permits related to social housing;
(iii) Recommend solutions to issues related to land titling; and
(iv) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

j. Department of Finance (DOF)

(i) Direct through an appropriate circular, the Bureau of Internal Revenue (BIR) to
hasten the issuance of BIR ruling on capital gains tax exemption for developers of
socialized housing units engaged by the community associations;
(ii) Direct, through an appropriate circular, the Bureau of Internal Revenue to allow
partial payment of estate or inheritance tax for ROW-affected properties, instead
of paying for all other properties owned by the deceased;
(iii) Facilitate on-time issuance of BIR ruling and electronic Certificate Authorizing
Registration (eCAR) for lot titling for relocation sites; and

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(iv) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

The Technical Working Group (TWG)

646. Under PIAC is a Technical Working Group (TWG) composed of representatives from
the concerned division and attached agencies of partner Departments, and representatives
from the LGUs for housing and livelihood.

647. Composition of TWG. The TWG will be composed of the following:

Table 129: Composition of TWG


Role Member
Chairman: DOTr Undersecretary for Railways
1 Leader
Vice-Chairman: DHSUD
Core Group:
PNR
SHFC Technical Team
LHB/LHO Heads of LGUs
Pag-IBIG
Members
CHR (as member of LIAC)
2 (Committee on
Other Members:
Relocation)
HLURB
BIR District Office
DENR-LMB
DENR-EMB
DAR Regional/District Office
Core Group:
SHFC Livelihood Team
LGU Livelihood officer
DSWD Operation and Programs Group -
Promotive Programs
Members
PESO of LGUs
(Committee on
3 POEA
Livelihood
TESDA
Restoration)
Other Members:
CIAP – Construction Manpower Development
Foundation
Small Business Corporation (SBC)
Cooperative Development Authority (CDA)
4 Secretariat NSCR-EX PMO (Envi and ROW)

648. Roles and Responsibilities of TWG. The TWG will be responsible in implementing
all the programs related to livelihood and relocation envisioned in this RAP from the community
down to the household level. It will identify gaps in policy and resources and notify their
Department heads to allocate resources or create policy at the PIAC level to ensure efficient
implementation of this RAP.

649. Roles and Responsibilities of TWG Members:

a. Undersecretary for Railways (and DOTr PMO)

(i) Serve as chair of TWG and preside on all meetings;


(ii) Monitor all resettlement related activities and gather reports from KSAs and LGUs;
(iii) In coordination with KSAs, DTI, DOLE, TESDA, and LGUs supervise the
implementation of the Livelihood Restoration and Improvement Program;

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(iv) Create a division within DOTr PMO or assign a dedicated person to supervise and
implement the implementation of LRIP that is not covered by SHFC;
(v) Prepare monthly project update for review of the Internal Monitoring and EMA;
(vi) Gather all issues related to the project, resettlement and livelihood activities and
present to TWG members for discussion of appropriate action;
(vii) Assign a dedicated secretariat to document meetings of the committee, prepare
letters, set meeting schedule and venue, consolidate reports, provide update to
member agencies/LGUs, PIAC and TWG committees, and follow-up on
actions/reports of participating agencies/LGUs, PIAC and TWG committees.

b. Department of Human Settlements and Urban Development (DHSUD)

(i) Serve as Co-chairman of the TWG


(ii) Coordinate relocation activities of all KSAs including but not limited to:
(iii) Active participation of respective Local Housing Boards/Offices or convening/re-
activation of LIAC in the absence of LHB/LHO
(iv) Community Organizing
(v) Validation of masterlist and qualifying of APs for eligibility to
compensation/entitlement
(vi) Site identification, selection, preparation and development
(vii) Coordinate with DepEd to facilitate seamless transfer of students;
(viii) Coordinate with DOH to facilitate seamless transfer of health record of APs to
continue access of health services in their new location;
(ix) Ensure that all activities related to clearing of structures, demolition or eviction are
in accordance with the provisions of the law;
(x) In coordination with HLURB, consolidate inventory of vacant/idle lands that may be
used as relocation site;
(xi) Contract an NGO or create a dedicated group of staff within DHSUD to implement
the livelihood restoration program envisioned in this RAP that is not covered by the
Key Shelter Agencies;
(xii) Present quarterly report on the progress of relocation site preparation, number and
names of qualified APs for relocation, number and names of APs relocated (from
where to where), schedule of relocation, number and names of APs not yet
relocated, target completion of all relocation activities, names of APs assisted in
the LRIP (including forms of assistance) and other reports as may be required by
the committee; and
(xiii) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

c. Philippine National Railways (PNR)

(i) Co-manage the overall implementation of the project with DOTr


(ii) Supply all information, data or documents regarding the PNR ROW and other PNR
properties;
(iii) Provide or allow access to PNR properties to participating agencies in the conduct
of their activities related to the implementation of this RAP;
(iv) Coordinate with the city/municipal LGUs and barangay LGUs to secure permit for
partner agencies that will carry out field work or community work;
(v) Identify remaining PNR non-core properties that may be used for public rental
facility;
(vi) In coordination with LGU, PCUP and CHR, issue Notice to Vacate to APs who are
informal settlers or Eviction Notice to resisting APs; and
(vii) Manage train operation safety requirements within PNR ROW. Coordinate with
DOTr in assessing potential requirements of removal of any structures deemed to
pose immediate safety risks to train operations.

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(viii) Provide police force for security or other purposes as needed.

d. Local Government Units

(i) Issue memorandum order to all LGU Department Heads to fast track issuance of
permits and licenses related to resettlement and development of socialized
housing;
(ii) Create policy, through Sangunian Resolution, on the maximum number of days to
act upon requests, letters, and questions pursuant to Executive Order Nr. 2–2016;
(iii) Create policy on the maximum number of days to issue permit and licenses specific
to the development of socialized housing, pursuant to Ease-of-Doing Business Act
of 2018;
(iv) Forge partnership with DOTr or SHFC (LCMP) in the development of relocation
sites or public rental facilities
(v) Create policy on collection of rent from APs who will occupy the public rental
facilities;
(vi) Create local programs and policies geared towards making relocation sites
sustainable and livable;
(vii) Support the establishment of Negosyo Centers;

e. LGU Representative for Relocation

(i) Draft or recommend the creation of policy, through Sangunian Resolution, on the
maximum number of days to act upon requests, letters, and questions pursuant to
Executive Order Nr. 2–2016;
(ii) Draft or recommend the creation of policy at the local level on the maximum
number of days to issue permit and licenses specific to the development of
socialized housing, pursuant to Ease-of-Doing Business Act of 2018;
(iii) Provide inventory of lands (public and private) and identify possible areas for
relocation site within their city;
(iv) Conduct land research and initiate negotiation with landowners;
(v) Identify off-city sites (if no available in-city site) and recommend to the local
executive to forge agreement with the proposed receiving LGUs regarding the
accommodation of relocatees from their city;
(vi) Assign a focal person or office to be their representative to the RIMC and to
supervise and monitor relocation activities;
(vii) Endorse to their local executive to forge partnership with DOTr in the development
of relocation sites or public rental facility;
(viii) Liaise with their local executive to facilitate connection of utilities to relocation sites;
(ix) Recommend and advocate for the creation of local programs and policies geared
towards making relocation sites sustainable and livable;
(x) Present quarterly report to TWG and DILG on the status of relocation activities,
issuances of permits and licenses, and other information as may be required by
PIAC; and
(xi) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation;

f. LGU Representative for Resettlement and Livelihood Restoration

(i) Advocate for the issuance memorandum order to all LGU Department Heads to
fast track issuance of permits and licenses related to resettlement and
development of socialized housing;
(ii) Recommend to their local executive the creation of policy, through Sangunian
Resolution, on the maximum number of days to act upon requests, letters, and
questions pursuant to Executive Order No. 2–2016;

285
(iii) Draft or recommend to their local executive the creation of policy on the maximum
number of days to issue permit and licenses for MSMEs pursuant to Ease-of-Doing
Business Act of 2018;
(iv) Provide lists of registered affected businesses and monthly income;
(v) Facilitate the securing of supporting documents for monthly income, salary and
number of employees;
(vi) Facilitate and validate documentation of all affected business and employees;
(vii) Conduct land research and initiate negotiation with landowners;
(viii) Identify alternative sites for business (i.e. replacement land or rental facility) and
provide an inventory of these properties to APs;
(ix) Assign a focal person or office to be their representative to the RIMC and to
supervise and monitor relocation activities of businesses;
(x) Facilitate re-connection of utilities to for businesses;
(xi) In coordination with NSCR-EX PMO, DTI, DOLE, TESDA and DSWD, implement
the LRIP in their locality;
(xii) In coordination with DTI, establish Negosyo Centers to cater to enterprise-based
APs and assist APs in registering their businesses pursuant to Ease-of-Doing
Business Act of 2018;
(xiii) Present quarterly report to TWG and DILG on the status of issuances of permits
and licenses, status of LRIP implementation and other information as may be
required by PIAC; and
(xiv) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation;

g. Social Housing Finance Corporation

(i) Conduct validation of APs and assess eligibility for compensation;


(ii) Assist APs in organizing community associations;
(iii) Through consultation, identify, select and develop relocation sites;
(iv) Forge partnership with and provide technical assistance to LGUs in implementing
public rental scheme;
(v) In coordination with DOLE, DTI, TESDA and LGUs, conduct training needs
assessment and extend livelihood and employment assistance to displaced APs;
(vi) Coordinate with the sending and receiving LGUs and assist relocatees to integrate
with the host community;
(vii) Provide interim shelter if relocation sites are not yet ready in time for the clearing
of ROW;
(viii) Submit regular project update to DOTr PMO on the status of relocation activities
and implementation of the livelihood projects; and
(ix) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

h. Commission on Human Rights (CHR)

(i) Monitor the conduct of demolition and eviction in accordance with its mandate;
(ii) Review and assess documentary requirements submitted by demolition and
eviction proponent and take the necessary action; and
(iii) Perform such other functions as may be necessary to effectively carryout the
provision of this RAP.

i. Presidential Commission for the Urban Poor (PCUP)

(i) Monitor the conduct of eviction and demolition in accordance with its mandate and
Executive Order 152 as amended by Executive Order 708 and EO 69;

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(ii) Review and assess documentary requirements submitted by demolition and
eviction proponent and take the necessary action;
(iii) Facilitate Pre-Demolition Conference; and
(iv) Perform such other functions as may be agreed in TWG.

j. Home Development Mutual Fund (HDMF or Pag-IBIG Fund)

(i) Assist APs not qualified to avail of socialized housing to qualify for a Pag-IBIG
housing loan;
(ii) Link APs to developers with existing properties within the same city where they are
coming from;
(iii) Provide a list of Pag-IBIG foreclosed properties to inform APs of the available
options they have for resettlement;
(iv) Conduct housing exhibit in each LGU twice before the clearing of ROW;
(v) Facilitate fast approval of housing loan;
(vi) Submit regular update to NSCR-EX PMO indicating the number and names of APs
assisted, forms of assistance provided and backlog or gaps in project
implementation;
(vii) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

k. Housing and Land Use Regulatory Board (HLURB)

(i) In coordination with LGUs, conduct inventory of lands as provided for by RA 7279;
(ii) Create policy related to Special Housing for the elderly as mandated by RA 9994;
(iii) Facilitate fast accreditation/registration of homeowners association;

l. Bureau of Internal Revenue (BIR) District Office

(i) Hasten the issuance of BIR ruling on capital gains tax exemption for developers;
(ii) Facilitate on-time issuance of BIR ruling and electronic Certificate Authorizing
Registration (eCAR) for lot tilting for relocation sites;
(iii) Facilitate issuance of documentary requirements relating to extra judicial
settlement cases; and
(iv) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

m. Department of Environment and Natural Resources – Land


Management Bureau (DENR-LMB)

(i) Facilitate fast titling of untitled lands that are suitable for relocation site;
(ii) Recommend solutions to issues related to land titling;
(iii) Facilitate issuance of Certifications for alienable and disposal lands, as supporting
document to untitled lands that will be subject to ROW acquisition and
(iv) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

n. Department of Agrarian Reform (DAR) District Office

(i) In coordination with LGUs, facilitate land conversion for social housing purposes;
(ii) Identify agricultural lands suitable for conversion to residential use for socialized
housing purpose;
(iii) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

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o. Philippine Overseas Employment Agency (POEA)

(i) Tap organizations to and employment agencies to conduct jobs fair for overseas
employment;
(ii) Provide list of employment opportunities abroad;
(iii) Submit report to DOTr PMO indicating the number and names of APs assisted to
be employed abroad (disaggregated by age and gender); and
(iv) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

p. Department of Social Welfare and Development (Operations and


Programs Group – Promotive Programs)

(i) Provide data on APs who are beneficiaries of 4Ps and ensure that they will
continually enjoy the benefits of the program; and include in the program qualified
APs who are not yet member of 4Ps;
(ii) Identify elderlies qualified for the Social Pension Program for Indigent Senior
Citizens (SPISC) and facilitate their inclusion in the program;
(iii) Assist APs who are not qualified under DTI/DOLE programs to qualify for
employment and livelihood opportunities provided by the Department for
vulnerable and underprivileged (i.e. Trabahong Lansangan, capacity building,
capital resource provision and market linkage);
(iv) Assign social-case workers to assist and monitor vulnerable and underprivileged
households during relocation and after relocation;
(v) Present quarterly report to the TWG indicating the number and names of
vulnerable and underprivileged APs absorbed and served in DSWD programs and
other information that may be needed by the committee; and
(vi) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

q. Technical Education and Skills Development Authority (TESDA)

(i) In coordination with DOTR PMO, KSAs, DOLE and DTI, conduct series of skills
training to affected persons;
(ii) Partner with other institutions offering technical and skills development courses,
particularly in cases where the needed training are not in its regular course
offerings;
(iii) Offer scholarship or training vouchers to APs;
(iv) Assist APs in acquiring NCII;
(v) Submit report to DOTR PMO indicating the number and names of APs trained
(disaggregated by age and gender); and
(vi) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

r. Construction Industry Authority of the Philippines (CIAP)


Construction Manpower Development Foundation

(i) Provide information on the skills required for construction and hard-to-fill jobs
(ii) Link APs for employment to the “Jobs Jobs Jobs” program, in connection with the
“Build Build Build” platform of the current administration

s. Small Business Corporation (SBC)

(i) Assist APs in accessing soft loan through government loan programs;

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(ii) Link qualified APs to MFIs and banks to access higher loan amount to help them
re-establish their business;
(iii) Monitor the use of the seed capital provided to the APs;
(iv) Submit report to DOTR PMO indicating the number and names of APs assisted
(disaggregated by age and gender); and
(v) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

t. Cooperative Development Authority (CDP)

(i) Assist APs to organize as cooperatives;


(ii) Conduct free seminar on cooperative development in areas accessible to APs;
(iii) Facilitate fast registration of AP’s cooperative;
(iv) Provide link to funding agencies and grants to help AP’s cooperatives start their
operation;
(v) Provide market link for their products and services;
(vi) Submit report to DOTR PMO indicating the number and names of APs assisted
(disaggregated by age and gender); and
(vii) Provide data, documents as may be needed by the EMA during project monitoring
and evaluation.

The Japan International Cooperation Agency (JICA) and Asian


Development Bank (ADB)

650. JICA and ADB will provide technical support and advice to DOTr in the preparation of
the RAPs to incorporate international best practices and safeguards standards. All
implementing partners will be subject to a regular monitoring to be carried out by an EMA. The
EMA will simultaneously furnish copies of the regular external monitoring reports upon
submission to DOTr.

The RAP Implementation and Management Committee (RIMC)

651. The RAP Implementation and Management Committee (RIMC) will be created through
a Memorandum of Understanding between the NSCR-EX PMO and the concerned LGUs. Its
main role, as its name connotes, is to implement the RAP. Other important functions include:
(i) Participate in the conduct of information education and communication (IEC) with
APs, throughout the duration of the RAP implementation;
(ii) Assist DOTr in validating the eligibility of APs in relation to their corresponding
entitlements; and
(iii) Receive grievances during RAP implementation, related but not limited to project
design, parcellary survey, appraisal, compensation, extra-judicial settlement (EJS),
etc.

652. The RIMC will be established after the creation of the NSCR-EX PMO.

653. Members of the RIMC. RIMC will consist of the following:


a. Project Director of the NSCR-EX PMO – Chairperson
b. Barangay Chairperson of affected barangays, as Co-chairperson
c. DOTr Legal Office Representative
d. Representative of legal APs
e. Representative of ISFs

654. Roles and Responsibilities of the RIMC. The RIMC will be created to mainly support
and assist the NSCR-EX PMO in the following:

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a. Assist the NSCR-EX PMO and LIAC in RAP implementation activities, specifically
in:
- Validating the master list of APs;
- Validating the assets of the APs that will be affected by the project; and
- Monitoring the RAP implementation.
b. Assist the NSCR-EX PMO in conduct of IEC activities public information campaign,
public participation and consultation meetings;
c. Receive complaints and grievances from APs and other stakeholders or interested
parties; and refer the matter to the appropriate authorities;
d. Maintain a record of all public meetings, complaints and actions taken during
resolution of grievances under the Grievance Redress Mechanism filed by APs;
and
e. In coordination with concerned government authorities, assist in the enforcement
of laws/ordinances regarding encroachment into the project site or ROW.

655. The Local Inter-Agency Committee (LIAC). The NSCR-EX PMO will officially
request respective LGUs to actively involve LHO/convene LIAC where relocations of ISFs will
take place. Coordination with LHO/LIAC and other agencies will start after the RIMC is
mobilized.

656. Composition of LIAC. For LGUs wherein the LHOs are not in place yet, the LIAC will
be headed by the concerned city mayor under whose jurisdiction the project area is located
in. People’s Organizations (POs), representing the APs will be invited to the LIAC to assist
and help in the implementation and monitoring of the resettlement process. The table below
shows the envisioned composition of the LIAC for SCRP.

Table 130: Composition of the LIAC


Position Member
Chairman: The Mayors of the LGUs affected by
the project
1 Board members Co-Chairman: The General Manager of SHFC
Action Officers: City/Municipal Administrator
Head of City/Municipal Engineering Office
City/Municipal Legal Officer
Head of the Urban Poor Affairs Office/ Urban
Settlements Office/Housing and Resettlement
City/Municipal Representatives
Office
Head of the City/Municipal Social Welfare and
Development Office
DOTr
SHFC
2 Members Philippine National Railways (PNR)
Commission on Human Rights (CHR)
National Government Agency
Presidential Commission on the Urban Poor
(NGA) Representatives
(PCUP)
Other government agencies for livelihood and
skills training provision (e.g. DOLE, TESDA,
DTI)
Representatives from Civil Society Organizations
Barangay Chairpersons for the affected areas

657. The LIAC will be composed of the following sub-committees:


a. Social Preparation, Relocation, Resettlement Planning and Implementation;
b. Beneficiary Selection, Awards, and Arbitration Committee (or the respective BSAAC);
c. Site Selection, and

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d. Livelihood Planning and Implementation.

658. The organizational structure of LIAC is presented in below.

SHFC SHFC SHFC

SHFC

Figure 44: Organizational Set-up of the LIAC

659. Roles and Responsibilities of the LHOs/LIAC. LIAC members will meet periodically,
attend all open dialogues, and observe all demolition works to secure the rights of the affected
informal settler families/persons as well as to prevent conflicts. Specifically, the LIAC will:

(i) Serve as the local clearing house of all relocation and resettlement activities, and
resolve issues and concerns that may arise in the actual conduct of census and
tagging operations and dismantling operations, as well as in the planning and
development of resettlement sites;
(ii) Facilitate the orderly, peaceful and humane relocation of the ISFs occupying the
affected areas;
(iii) Facilitate and expedite activities of the Social Preparation Committee in the stages
of Pre-Relocation, Actual Relocation and Post Relocation;
(iv) Supervise and evaluate the ISF applicants/ beneficiaries through the Beneficiary
Selection, Awards and Arbitration Committee (BSAAC);
(v) Ensure that all qualified ISFs are relocated to acceptable, secure, and affordable
resettlement sites that are provided with basic utilities, facilities and services;
(vi) Enable all ISF APs to participate in planning and implementing the program
through a coordinative and integrated multi-sectoral approach;
(vii) Resolve grievance concerns elevated at their level; and
(viii) Monitor the implementation of resettlement action plans, programs and projects as
well as the operations of the subcommittees under it.

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660. The roles and responsibilities of the members of the LIAC are briefly described in the
table below.

Table 131: Roles and Responsibilities of Members of the Local Inter-Agency


Committee
Agency/Organization Roles and Responsibilities
The concerned Local Chair of the LIAC and execute the work plans and actions;
Government Units (LGUs) Identify possible areas for development as relocation site
within the locality and provide funds for its
acquisition/infrastructure projects;
Assist in the identification of off city resettlement site
acceptable to the families for relocation;
Constitute a surveying team from among concerned
agencies and set up initial funds to carry out its function
as lead agency in relocation of families;
Facilitate the smooth relocation of families and the orderly
removal of structure;
Lead in the conduct a series of dialogues with the affected
families;
Undertake necessary action to safeguard the proposed
project site and prevent the entry of new illegal dwellers
in the project area;
Submit periodic reports to the ROW PMO, copy furnished
DHSUD, relative to the status of project implementation
activities;
Perform such other functions as may be necessary to
effectively carry out the provisions of RAP formulated;
Provide assistance in the conduct of social preparation
activities in accordance with Section 23 of Republic Act
7279;
Assist in the identification of legitimate urban poor
representation in all LIAC levels; and
Review and assess documentary requirements submitted
by demolition and eviction proponent and take the
necessary action.
Department of Human Assist in the formulation of the development plans and
Settlements and Urban criteria for the selection and disposition of lots to the
Development (DHSUD) qualified beneficiaries;
Provide general policy direction to the LIAC and make
necessary recommendations to ensure the immediate
resolution of major issues and concerns affecting the
implementation to the said projects;
Monitor the status of project implementation activities in
each new relocation site;
Coordinate the participation of concerned key shelter
agencies, financing institutions, nongovernment
organizations and other entities for technical and
financial assistance, whenever deemed necessary, in
the implementation of the projects; and
Perform such other functions as may be necessary.
Social Housing Finance Provide technical assistance and data for the preparation of
Corporation (SHFC) plans, design specification and cost estimates for the
proposed relocation programs;
Undertake the subdivision survey for the lot identified as
relocation site and submit survey returns to LMB/DENR

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Agency/Organization Roles and Responsibilities
for verification and approval;
Facilitate the individual titling of lots for disposition to
qualified beneficiaries of upon full payment of
community loan;
Assist in the identification of resettlement site for acquisition
and development and eventually for distribution to
qualified beneficiaries;
Assist in the information dissemination to project
beneficiaries on the proposed projects to be
implemented and monitor progress of work within
Socialized Housing Project;
Coordinate with the concerned agency in order to facilitate
issuance of Special Patents for alienable and
disposable lands;
Assist in the formulation of criteria for the selection and
disposition of lots to the affected families of the
amended Proclamation;
Furnish the concerned LGU with the approved subdivision
plans for purposes of valuation and taxation of the
subject properties;
Coordinate with the participation of concerned key shelter
agencies, financing institutions, nongovernment
organization and other entities of the technical and
financial assistance, whenever deemed necessary, in
the implementation and completion of the projects;
Implement livelihood restoration and improvement program
for the ISFs through community associations; and
Perform such other functions as may be necessary
Philippine National Railways Provide assistance to the Implementing Agency
(PNR)
Presidential Commission for Assist in the identification of legitimate urban poor
the Urban Poor (PCUP) representation in all LIAC levels;
Monitor the conduct of eviction and demolition in
accordance with its mandate and Executive Order 152
as amended by Executive Order 708 and EO 69;
Review and assess documentary requirements submitted
by demolition and eviction proponent and take the
necessary action;
Facilitate Pre-Demolition Conference; and
Perform such other functions as may be necessary.
The Office of Congressional To act as observer in the implementation of R.A. 7279.
District
The Commission on Human Monitor the conduct of demolition and eviction in
Rights (CHR) accordance with its mandate;
Provide assistance in the conduct of social preparation
activities in accordance with Section 23 of Republic Act
7279;
Review and assess documentary requirements submitted
by demolition and eviction proponent and take the
necessary action; and
Perform such other functions as may be necessary to
effectively carryout the provision of this guidelines
Non-Government Organization Assist in the continuing social preparation of affected
(NGO) families/beneficiaries in relation to project

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Agency/Organization Roles and Responsibilities
implementation;
Assist in the conduct of validation of appellant-families for
census inclusion;
Review and assess documentary requirements submitted
by demolition and eviction proponent and take the
necessary action; and
Provide assistance in the conduct of social preparation
activities in accordance with Section 23 of Republic Act
7279.
Community Associations (CA) Participate in the conduct of community relations, social
preparation and information dissemination activities
including the drawing up the development program
implementation;
Formulate community initiative options or people’s plan for
their collective interest;

Project Supervision Consultant.

661. The consultant will support DOTr in the updating, implementation and monitoring of
the RAP. The consultant will be responsible for assisting DOTr updating the draft RAP as per
the detailed design in close coordination with the technical team. The update will include final
impact assessment, detailed measurement surveys, preparation of specific matrix relevant to
each RAP in line with the approved Resettlement Framework and updating of compensation
rates etc. through the replacement cost survey. Detailed tasks involved as below:

- Work closely with DOTr and the technical team to update and finalize the RAP based
on the detailed design
- Updating the project RAP in accordance with Government and ADB’s SPS, 2009,
including: (a) checking, analysis and updating of the census and detailed
measurement survey data; (c) ensuring the replacement cost surveys have been
undertaken in accordance with the requirements set out the resettlement framework to
ensure that compensation rates are based on replacement cost at time of
compensation; (d) supporting the preparation of detailed relocation and income
restoration strategies, in consultation with affected households, civil society and KSAs;
(e) ensuring meaningful consultation and participation of affected households, civil
society stakeholders, community-based organizations, and relevant government
agencies in the planning and implementation of the resettlement plans; (f) supporting
the DOTr and relevant Government agencies to ensure appropriate disclosure of the
RAP; and (g) preparing and supporting the DOTr in the finalization of the updated
RAPs to the stage where they are endorsed by the Government and receive ADB
concurrence.
- Based on the detailed/final design by the engineering team and as approved by the
DOTr, the consultant will assess final impacts related to land and involuntary
resettlement and will finalize and update the RAP.
- preparing updates and supplementary resettlement plans in accordance with
Government and ADB’s SPS, 2009 to cover any changes in the scope of works
covered by the resettlement plans
- Assist DOTr in updating the compensation cost and preparation of individual specific
compensation matrix highlighting the impacts, ownership details, eligibility, entitlement
related to compensation and assistance etc.
- Take proactive action to anticipate the social safeguard requirements of the project to
avoid delays in implementation.

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- Establish dialogue with the affected communities and ensure that their concerns and
suggestions are incorporated in the project and keeping the records of grievances.
- Together with DOTr, conduct public consultation, disclosure of RAP
- Assist DOTr to ensure effective operation of the GRM
- Together with DOTr, implement the final RAP which shall include, but not limited to,
disbursement of compensation and assistance, relocation, livelihood restoration and
preparation of monitoring report to be submitted to DOTr and obtain no objection for
commencement of construction.
- Monitoring the implementation of RAP to ensure that the notice to proceed to
contractors for any given section cannot proceed until DOTr confirms in writing that
payment has been fully disbursed to the displaced and/or affected people, and
rehabilitation measures are in place, already compensated or assisted displaced
people have cleared the area, and the area is free of any encumbrances
- Recommending corrective actions on non-compliance issues, and reporting on their
implementation
- Assist DOTr to prepare and submit the quarterly and semi-annual monitoring report to
ADB on the status of implementation of the RAP
- Assist DOTr to prepare additional or addendum RAPs in the event of unanticipated
impacts
- Provide on the job training on social safeguards and especially the requirement of ADB
SPS, 2009 to the DOTr staff involved in the project implementation for strengthening
their capacity in managing, implementing, planning and monitoring social safeguards.

The table below presents the activities to be undertaken during RAP implementation, and
the organizations that are responsible for such. It also shows whether the respective entity’s
role is primary or as support.

Table 132: Activities and Responsible Organizations

Responsible Unit/Organization
DOTr TWC

RAP Activities
LHB/LIAC

Barangay
NSCR-EX

Others
RIMC
PIAC

PMO

LGU
PNR
KSA

A. Overall Overall implementation of RAP 〇 ◎ 〇 〇


B.RAP Household census, structure
Preparation tagging, verification of eligibility ◎ 〇 ◎ 〇
of APs
Verification of Eligibility ◎ 〇 〇 ◎
Validation and Estimation of
〇 ◎ 〇 〇 ◎
Compensation cost
Complaints and grievance
〇 ◎ 〇 〇 〇
handling
Relocation Site Development 〇 ◎ 〇 ◎ 〇 〇 ◎
C. Land Consultation & coordination
with APs regarding choice of
Acquisition ◎ 〇 〇 〇 〇
compensation, relocation &
and
Relocation financial assistance
Issuance of notification for
◎ ◎
structure demolition

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Preparation of necessary
documents for demolition,
◎ 〇 〇 ◎ ◎ 〇
relocation, and financial
assistance
Preparation of necessary
funding for demolition,
〇 ◎
relocation, and financial
assistance
Official demolition of structure
◎ ◎ ◎ ◎ 〇
and clearance of the site
Provisions of compensations,
〇 ◎ 〇 〇
assistance, and allowances
Preventing further in-flow of
ISFs on the cleared easement ◎ ◎ ◎ ◎
areas.
E. Social Provision of livelihood and
Development Income Restoration Program 〇 ◎ 〇 〇 〇
Program
F. Monitoring Internal Monitoring ◎
External Monitoring ◎

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12. CHAPTER 12: IMPLEMENTATION SCHEDULE

662. Implementation Schedule of Construction. The construction of SCRP will start from
January 2021.

663. Implementation Schedule of RAP. The general implementation schedule will be


updated periodically by the NSCR-EX PMO and shared among the members of the PIAC,
TWG and RIMT. For the institutional arrangement for RAP implementation, please refer to
Chapter 11. The activities presented in Table 133 are explained in detail below:

(i) RAP Field Surveys – Various surveys will be conducted to gather data needed for
the acquisition of ROW and paying compensation thereof. One of these is the
parcellary survey of affected properties adjacent to the current PNR ROW which
will commence once the alignment has been finalized. This will determine the
additional land to be acquired for the ROW.
(ii) DMS and supplemental SES will be conducted after the parcellary survey. During
DMS, affected structures will be measured and materials used will be recorded for
the preparation of the Bill of Quantities and Bill of Materials. Additional SES will be
conducted to cover the APs who were not included in the SES during FS RAP due
to (i) change in final alignment or (ii) result of the boundary survey and parcellary
survey.
(iii) Finalization of RAP Report – Contents of RAP will be updated and finalized based
on result of the parcellary survey and supplementary SES. RAPs may be prepared
by area or section.
(iv) Review and concurrence of RAP –Only after the concurrence of DED RAP with
JICA and ADB, DOTr shall start payment of compensation.

(i) Creation of PIAC, TWG, RIMC, GRM, etc. – As discussed in Chapter 10 and 11
of this RAP, a PIAC and TWG will be created and a RIMC and a GRM help desks
will be created/set-up per LGU.
(ii) Mobilization of LIAC – DOTr through DHSUD or the Key Shelter Agencies (KSA)
will call for the convening or re-convening of LIAC per LGU. At the time of writing,
initial meetings have already been conducted and some LGUs have already
convened their LIAC.
(iii) Coordination of sending LGUs and LIAC members – DOTr, through the NSCR-
EX PMO, will coordinate with the sending/receiving LGUs and the LIAC of
respective LGUs, and determine the assistance that must be provided to facilitate
timely relocation and accommodation of APs. During this coordination, DOTr will
also determine the basic social services and livelihood assistance that may be
provided by the LGUs and identify the gaps that need to be addressed.
(iv) Appointment of APs representatives to LIAC/RIMC – indicates when should an
AP be nominated and selected as representative of the APs in their respective
LIAC/RIMC.
(v) Set-up GRM – prior to DED RAP survey and will continue in the duration of the
project. Details on the set-up and processes of GRM is discussed in Chapter 10.

(i) Validation of RAP Surveys – DOTr NSCR-EX PMO and ROW PMO will work
together with the respective RIMC of each LGU to validate the contents of RAP

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Surveys. Specifically, they will have to verify if the affected families and properties
on the list indeed fall within the boundaries of the final alignment, depot and station
footprint. Additionally, they will conduct due diligence review on the ownership of
affected properties to ensure that the rightful owners are included in the list and will
be notified. The RAP survey validation works for affected landowners is targeted from
June 2020 to July 2021.
(ii) Issuance of Notice of Taking (NoT) – Once the list of affected properties and
rightful owners has been identified and finalized, this will be forwarded to the Office
of the Undersecretary for Railways for his approval. Once this is secured, ROW PMO
will issue the NoT through registered mail. The timely issuance of NoT will provide
ample time for APs to secure the required documents for compensation, and to avoid
expropriation. The date when the AP received the NoT marks the cut-off-date for
legal APs and no more improvement of structures thereon may be done thereafter.
Any improvements thereafter will no longer be compensated. The issuance of NoTs
will be scheduled in June to September 2020 for Batch 1 and 2 and November 2020
to February 2021 for Batch 3 and 484.
(iii) Procurement of Appraisal – indicates when DOTr NSCR-EX PMO will start the
procurement process for the services of GFIs. The start of procurement process is
targeted in June 2020.
(iv) Appraisal of Affected Properties – indicates when the appraisal of affected
properties by the GFIs will commence, and the duration of which. The result of this
appraisal will be the basis of the amount indicated in the Letter Offer to each AP. The
target schedule of GFI appraisal for Batch 1 and 2 will be from June to September
2020 and November 2020 to February 2021 for Batch 3 and 4.
(v) Issuance of Letter Offer – Once the properties have been appraised, DOTr NSCR-
EX PMO may, upon submission of GFI report, start the issuance of Letter Offer (LO)
by segment. It does not need to wait for the GFI to finish the appraisal for the whole
alignment. Upon the concurrence and certification of the TWC, the Undersecretary
for Railways may issue the Letter Offer through registered mail. The 30-day policy in
accepting the offer starts from the day the AP receives the Letter Offer based on the
records of the registered mailing service. The issuance of letter offer is targeted in
August to October 2020 for Batch 1 and 2 and January to April 2021 for Batch 3 and
4.
(vi) Payment to APs – DOTr, through the ROW PMO and upon the concurrence of the
TWC, will initiate payment of compensation to APs after 30 days after the issuance
of Letter Offer. Compensation is to be paid only after DED RAP approval by JICA
and ADB. The target schedule for the release of payments to APs will be on
September 2020 to January 2021 for Batch 1 and 2 and on February to July 2021
for Batch 3 and 4.
(vii) Expropriation Proceedings – Filing for expropriation will ensue if (i) the AP refuses
the offer of DOTr or (ii) the AP failed to present required documents to support his
claim of ownership to the affected property within 30 days upon receipt of Letter
Offer. Expropriation proceedings is explained in detail in Chapter 4 of this RAP.
(viii) Clearing of ROW by APs (non-ISFs) – The cost for dismantling structures will be
included in the compensation for legal APs. Thus, once the payment has been
received as described in Chapter 5 and Chapter 6, the APs will dismantle their
structures as indicated in the timeline. The target clearing of ROWs in the land owned
by legal APs will start by October 2020 for Batch 1 and 2 and February to July 2021
for Batch 3 and 4.

84 Batch 1 corresponds to Muntinlupa area 1 to Calamba section; Batch 2 is Manila NLEx-SLEx Overlap section;
Batch 3 is Manila Phase 2, Makati and Muntinlupa area 2 and Batch 4 is Taguig and Paranaque sections.

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(i) MOA Between DOTr and Key Shelter Agencies (KSAs), and Transfer of Funds
– The development of relocation sites for informal settler families will be handled
by KSAs, specifically the SHFC for SCRP. The MOA has been already signed
December 2017, however it is currently written amendment to update scope of
content. Any delays in the signing of MOA will have implication in the overall
schedule of relocation and of project implementation. Additionally, transfer of funds
from DOTr to KSAs is also critical since KSAs cannot start the actual works (i.e.
site identification and development) without available funds.
(ii) Validation of affected ISFs – DOTr NSCR-EX PMO, through the KSAs will
validate the list of affected informal settler families with or without the assistance
of the LIAC85. Specifically, they will have to verify if the affected ISFs are within the
boundaries of the final alignment, depot and station footprint. Additionally, they will
conduct due diligence review on the ownership of affected structures, ensure that
the rightful tenants/renters were not kicked out or excluded in the list of affected
families, and validate if the families occupying the structures at the time of
validation were there prior to the cut-off-date. To some LGUs in Laguna the joint
validation activity has already started.
(iii) Pre-qualification of APs (Verification of Eligibility of ISFs) – As part of pre-
qualification, the KSAs will determine who among the ISFs have been previously
awarded a socialized housing unit and determine whether they sold or rented out
the said unit. Additionally, KSAs will verify eligibility of APs by preparing a list of the
following per LGU:
a. Returnees and other disqualified APs with reason for disqualification;
b. Vulnerable households;
c. Elderly household heads who do not have or do not live with their
children that is of legal age;
d. APs who opt for self-relocation indicating the transportation cost per
family and where they will relocate;
e. Wage-based APs who will be relocated far from their current work
but will continue working there after relocation.
f. APs who will not be able to continue their current livelihood or
continue working in the same company;
g. Employees of affected businesses who will temporarily or
permanently lose their jobs; and
h. Renters who prefer to continue renting and are qualified for rental
subsidy;
(iv) Development of Relocation Site – Development of relocation sites includes site
identification, site selection, bidding process for developers, securing of permits
and licenses, site development, construction of housing units and connection of
utilities. In the event that land is acquired for resettlement sites, it will be covered
under the scope of the RAP as specified in the gap matrix and fundamental
principles set out in Chapter 5 of the RAP.
(v) Payment of Compensation and Other Forms of Assistance – based on the
result of pre-qualification and verification of eligibility of APs, and upon presentation
of required documents (i.e. barangay certification on the ownership of ISF
structure), DOTr NSCR-EX PMO and ROW PMO will facilitate payment of
compensation to APs. The livelihood and other forms of assistance will be provided
from pre-relocation stage up to the end of the construction. Compensation is to be
paid only after DED RAP approval by JICA and ADB

85
Case to case. Some LGUs are willing to provide assistance but there are some that may not want to participate
in the process and may cause delay if will be required.

299
(vi) Relocation of ISFs – the schedule of Relocation of ISFs reflected in Table 117 refer
to the moving out of ISFs from the ROW and transferring them into the relocation
site.

(i) Formation of the Committee on Livelihood – Indicates when the Committee on


Livelihood under the Technical Working Committee should be created. See
Chapter 11 for more information about the Committee on Livelihood.
(ii) MOA with Relevant Agencies on Provision of Livelihood – Depending on the
provisions of the Executive Order (EO) or the Joint Memorandum Circular (JMC)
for the creation of PIAC, a MOA may be executed between and among DOTr and
the member-agencies of the Livelihood Committee.
(iii) Coordination with Relevant Agencies on Provision of Livelihood –
Coordination with relevant agencies will start prior to the implementation of LRIP
and will continue during its implementation. DOTr will be responsible in monitoring
who were provided livelihood assistance and in making sure that all APs [who were
economically displaced] were provided assistance, and that their livelihood has
been restored to pre-project condition upon project completion.
(iv) Implementation of LRIP – Implementation of LRIP will start prior to relocation to
ensure that APs will be well equipped with skills and required resources to re-start
their lives at the relocation sites. Implementation of LRIP will be carried out up to
the end of the construction. Details on the packages and livelihood assistance may
vary, as indicated in Chapter 9.
(v) Monitoring of the Implementation of LRIP – DOTr NSCR-EX PMO will conduct
internal monitoring of the implementation of LRIP, identify gaps and recommend
solutions to these gaps, Additionally, an external monitoring agent (EMA) will
conduct monitoring during the whole duration of the project.

(i) Set-up Monitoring Agents – The Internal Monitoring will be undertaken by the
NSCR-EX PMO. External monitoring will be undertaken by an External Monitoring
Agent (EMA) to be engaged by the DOTr. Please refer to Chapter 14 for details on
the internal and external monitoring program
(ii) Internal Monitoring
(iii) External Monitoring

664. Arrangements for Implementation of RAP. Implementation of the RAP will be


undertaken by the NSCR-EX PMO through the RIMC, and in coordination with the respective
LHOs or LIAC, whichever is applicable. The roles and responsibilities are briefly described in
Chapter 11.

665. Review and Update of RAP. The RAP prepared by the JICA Design Team will be
updated during the DED stage - during the verification of master list of eligible APs by the
NSCR-EX PMO. This will be done in coordination with the concerned LGUs and the
RIMC/LIAC.

666. Information Dissemination and Consultation. All information on resettlement


activities from pre-relocation to post-relocation will be made available to APs and concerned
parties throughout the project. This includes information on the legal framework, eligibility
criteria, processes and documents for relocation and receiving just compensation, options for
resettlement sites, as well as compensation and other forms of assistance. After the FS stage,
consultations at various levels, from LGUs to PAPs will continue during, and even beyond the

300
detailed design stage (i.e., all throughout the project implementation stage). Mechanisms for
information disclosure at each stage of project implementation is presented in Chapter 8 of
this RAP.

301
Table 133: Implementation Schedule of SCRP (Blumentritt - Calamba)

302
Source: JICA Study Team

303
13. CHAPTER 13: COST AND BUDGET FOR RESETTLEMENT AND LAND
ACQUISITION
14.
667. The cost estimate for implementing the RAP for the SCRP is Php 63,119,480,000
equivalent to USD 1,240,801,881 using ADB Book Page as of 1 April 2020, as presented
below while details of the cost are discussed further in the succeeding sections. DOTr as the
implementing agency shall provide fund allocation for the implementation of this RAP.

668. The resettlement budget will be finalized during the preparation of the DED stage RAPs
based on updated replacement cost values to ensure that compensation rates are equivalent
to replacement cost values and time of payment of compensation.
.
Table 134: Summary of Estimated RAP Implementation Cost
RAP Component Cost Item Amount (PhP) Remarks
Land 28,595,300,214 Compensation for land based on IPA appraisal
A. Land and Structures Replacement cost using industry standard
5,074,178,400
Structures Acquisition (comparative method)
Subtotal for (A) 33,669,478,614
Horizontal/vertical Based on ceiling price for socialized housing set by
B. Development of 6,035,480,000
development HUDCC Resolution 1, s 2018
Resettlement Site
Subtotal for (B) 6,035,480,000
Rental Subsidy for
For rental property until permanent Social Housing
Temporary 2,550,540,000
is ready.
Accommodation
Transportation For transporting APs twice (to temporary
337,160,000
allowance accommodation and to final relocation site)
For relocating APs during relocation schedule (3
Food allowance 37,031,400
days) (twice)
C. Relocation
Connection of utilities such as water, electricity and
Assistance Connection of Utilities 166,710,000
others
Special Assistance for vulnerable persons such as
Special Assistance for
45,730,000 medical care due to the implementation of
vulnerable groups
relocation
Manpower Assistance Cost for mobilizing a manpower assistance team
13,023,324
for Relocation (MAT).
Subtotal for (C) 3,149,564,724
Income Loss (business) 751,236,613 Compensation for income loss of businesses
Income Loss Compensation for income loss for
53,686,800
(employee) employees/workers of affected businesses
Rental Subsidy for Rental subsidy equivalent to 3 months prevailing
45,814,077
Business rate in the vicinity of equal size.
Income Loss
Equivalent to two-month actual net salary for APs
Compensation for Wage
5,570,385,572 receiving above minimum wage and four-month
Based HH Members
salary for APs receiving minimum wage and below
D. Livelihood Losing Employment
Restoration Commuting allowance for relocatees not exceeding
Commuting Allowance 166,710,000 Php 5,000 per household per month for three
months
Cost to be transferred to NGAs and LGUs for the
Training Cost 332,002,000
organization of trainings
Livelihood rehabilitation
assistance for 68,595,000 Maximum amount PhP15,000 per vulnerable HH
Vulnerable Household
Subtotal for (D) 6,988,430,062

304
RAP Component Cost Item Amount (PhP) Remarks
Compensation for Crops Market value of potentially affected crops and trees.
858,000
E. Crops and Trees and trees
Subtotal for (E) 858,000
Cost for RAP Organizing of RIMC and LIAC through meetings
15,000,000
Implementing Institution and other related activities
F. RAP Cost to operate GRM 7,836,000 Fix and recurring cost to operate the GRM
Implementation and Cost for continuing
100,000 Printing of information materials
monitoring information disclosure
Project Monitoring Cost 32,000,000 Internal and External Monitoring Cost for 5 years
Subtotal for (F) 54,936,000
Total
49,899,377,400
(A+B+C+D+E+F)
Provision of Public
6,733,895,723 20% of Total (A)
G. Administrative and Access
Contingency Costs Administrative Cost 1,496,962,422 3% of Total (A+B+C+D+E+F)
Contingency 4,989,874,740 10% of Total (A+B+C+D+E+F)
Subtotal for (G) 13,220,732,885
Total
63,119,480,285 63,119,480,000 Round off
(A+B+C+D+E+F+G)

669. Land and structures acquisition cost was prepared based on the Replacement Cost
Survey. The summary of the estimated acquisition costs for land is shown below. Refer to
Appendix 9 (Replacement Cost Survey) for further details.

Table 135: Land Acquisition Cost


City Total Area Affected Total Cost (PhP)
(sqm)
Manila 135,000 5,804,019,000
Makati 52,200 8,422,808,344
Taguig 92,900 5,758,611,000
Parañaque 22,000 440,000,000
Muntinlupa 165,000 4,244,306,000
San Pedro 48,000 161,430,000
Biñan 63,000 188,339,000
Sta. Rosa 78,000 237,672,000
Cabuyao 96,000 474,494,870
Calamba 391,000 2,863,620,000
Total 1,143,100 28,595,300,214

670. Affected structures included in this RAP are those surveyed during the feasibility study
located within the PNR ROW and affected privately owned lands. For budgetary purposes,
the replacement cost of the structures was computed using industry standard or comparative
method. The replacement cost for the structures is summarized in the table below.

671. Affected structures will be appraised during the detailed design using Bill of Quantities
(BOQ) in accordance with the Implementing Rules and Regulations of R.A.10752. This include
direct costs (i.e. cost of materials and labor) and indirect costs (i.e. professional fees,
overheads, taxes, finance costs profit margin or entrepreneurial profit to the creator of the
asset). Updated cost will be included in the DD RAP.

305
Table 136: Replacement Cost of Affected Structures
Number of Construction Cost
City
Structures (PhP)
Manila 1730 2,335,845,000
Makati 64 1,317,485,000
Taguig 172 58,784,000
Paranaque 40 146,854,000
Muntinlupa 789 545,087,000
San Pedro 231 108,843,650
Binan 1,692 176,578,750
Sta. Rosa 352 21,943,000
Cabuyao 102 9,171,000
Calamba 2,035 353,587,000
Total 7,207 5,074,178,400

672. Assuming that all non-claimant of land assets are qualified as housing program
beneficiaries in accordance with the provisions of this RAP, the total number of households to
be relocated is 10,406. The price ceiling for socialized housing with 28m2 floor area (loft of at
least 50% of the base structure) or 32m2 floor area is Php 580,00086.

Table 137: Development Cost for Resettlement Site


No. of Non-
Development Total Amount
City Landowner
Cost (PhP) (PhP)
AHs
Manila 3522 580,000 2,042,760,000
Makati 139 580,000 80,620,000
Taguig 361 580,000 209,380,000
Paranaque 38 580,000 22,040,000
Muntinlupa 1167 580,000 676,860,000
San Pedro 277 580,000 160,660,000
Biñan 2044 580,000 1,185,520,000
Santa Rosa 424 580,000 245,920,000
Cabuyao 101 580,000 58,580,000
Calamba 2333 580,000 1,353,140,000
Total 10,406 6,035,480,000

Rental Subsidy

673. For budgetary purposes, rental subsidy for landowner AHs is set at Php 15,000 a
month for five months.

Table 138: Rental Subsidy for Landowner AHs


No. of Monthly Rental Fee Duration Total Amount
City
Landowner AHs by LGU (PhP) (months) (PhP)
Manila 346 15,000 5 25,950,000
Makati 22 15,000 5 1,650,000
Taguig 17 15,000 5 1,275,000
Paranaque 0 15,000 5 -
Muntinlupa 132 15,000 5 9,900,000
San Pedro 24 15,000 5 1,800,000

86 HUDCC Resolution No. 1 Series of 2018.

306
No. of Monthly Rental Fee Duration Total Amount
City
Landowner AHs by LGU (PhP) (months) (PhP)
Biñan 37 15,000 5 2,775,000
Santa Rosa 11 15,000 5 825,000
Cabuyao 5 15,000 5 375,000
Calamba 114 15,000 5 8,550,000
Total 708 53,100,000

674. Rental subsidy for APs who qualify for socialized housing will be provided until the
permanent resettlement site becomes ready for occupancy. Hence, for budgetary planning
purposes rental subsidy is set at Php10,000 a month for the duration of 24 months. In
preparing the DED RAP, the rental amounts will be reviewed for the various affected locations
to ensure the amounts are adequate to rent suitable housing in nearby locations. In case the
permanent relocation site is not yet ready after 24 months, DOTr will allocate additional funds
for rental subsidy of non-landowner AHs.

Table 139: Rental Subsidy for Non-Landowner AHs


No. of Non- Monthly Rental Fee Duration Total Amount
City
Landowner AHs by LGU (PhP) (months) (PhP)
Manila 3,522 10,000 24 845,280,000
Makati 139 10,000 24 33,360,000
Taguig 361 10,000 24 86,640,000
Paranaque 38 10,000 24 9,120,000
Muntinlupa 1,167 10,000 24 280,080,000
San Pedro 277 10,000 24 66,480,000
Biñan 2,044 10,000 24 490,560,000
Santa Rosa 424 10,000 24 101,760,000
Cabuyao 101 10,000 24 24,240,000
Calamba 2,333 10,000 24 559,920,000
Total 10,406 2,497,440,000

Transportation Allowance

675. Transportation assistance will be in terms of hiring trucks to transport relocating APs,
including their families and belongings. It is expected that APs will have to relocate twice; first
is going to the temporary accommodation and the second is from temporary accommodation
to their permanent resettlement site. For budgetary purposes, transportation cost per
household is set at Php 20,000 for NCR and Php 10,000 for Laguna area. DOTr may provide
more or less than this amount depending on the prevailing transportation cost in each area.

Table 140: Transportation Allowance


No. of AHs Estimate
Total Amount
City (LOs and Transportation Frequency
(PhP)
NLOs) Cost (PhP)
Manila 3,868 20,000 2 154,720,000
Makati 161 20,000 2 6,440,000
Taguig 378 20,000 2 15,120,000
Paranaque 38 20,000 2 1,520,000
Muntinlupa 1,299 20,000 2 51,960,000
San Pedro 301 10,000 2 6,020,000
Biñan 2,081 10,000 2 41,620,000
Santa Rosa 435 10,000 2 8,700,000
Cabuyao 106 10,000 2 2,120,000
Calamba 2,447 10,000 2 48,940,000
Total 11,114 337,160,000

307
Food Allowance

676. Food allowance will be provided to relocating APs. For food allowance, Php150 will be
provided per household member per day for three days. It is expected that APs will have to
relocate twice; first is going to the temporary accommodation and the second is from
temporary accommodation to their permanent resettlement site.

Table 141: Food Allowance


No. of APs Food Total
Duration
City (LOs and Allowance Frequency Amount
(days)
NLOs) (PhP) (PhP)
Manila 14,793 150 3 2 13,313,700
Makati 599 150 3 2 539,100
Taguig 1,284 150 3 2 1,155,600
Paranaque 151 150 3 2 135,900
Muntinlupa 4,767 150 3 2 4,290,300
San Pedro 1,140 150 3 2 1,026,000
Biñan 7,125 150 3 2 6,412,500
Santa Rosa 1,525 150 3 2 1,372,500
Cabuyao 365 150 3 2 328,500
Calamba 9,397 150 3 2 8,457,300
Total 41,146 37,031,400

Cost for Connection of Utilities

677. The basic utilities being considered for APs qualified for self-relocation assistance
include water, electricity and other utilities (e.g. telecommunications). The cost for the
reconnection of utilities is based on estimate installation cost for water, bill deposit equivalent
to 5.00KW consumption for electricity, and landline and internet bundle cost for
communication.

Table 142: Cost for Connection of Utilities


Estimate Cost for
Number of AHs Total Amount
City Connecting Utilities
(LOs and NLOs) (PhP)
(PhP)
Manila 3,868 15,000 58,020,000
Makati 161 15,000 2,415,000
Taguig 378 15,000 5,670,000
Paranaque 38 15,000 570,000
Muntinlupa 1,299 15,000 19,485,000
San Pedro 301 15,000 4,515,000
Biñan 2,081 15,000 31,215,000
Santa Rosa 435 15,000 6,525,000
Cabuyao 106 15,000 1,590,000
Calamba 2,447 15,000 36,705,000
Total 11,114 166,710,000

Special Assistance for Vulnerable Groups

678. As stipulated in Item 6a of the Entitlement Matrix (Chapter 6, Table 90) vulnerable
groups will be entitled to an inconvenience allowance equivalent to Php 10,000 per household.

Table 143: Inconvenience Allowance for Vulnerable Household


Number of Disturbance Total Amount
City
Vulnerable AHs Compensation (PhP) (PhP)
Manila 1,600 10,000 16,610,000

308
Number of Disturbance Total Amount
City
Vulnerable AHs Compensation (PhP) (PhP)
Makati 55 10,000 550,000
Taguig 129 10,000 1,290,000
Paranaque 24 10,000 240,000
Muntinlupa 516 10,000 5,160,000
San Pedro 148 10,000 1,480,000
Biñan 765 10,000 7,670,000
Santa Rosa 187 10,000 1,870,000
Cabuyao 57 10,000 570,000
Calamba 1,029 10,000 10,290,000
Total 4,573 45,730,000

7. Manpower Assistance for Relocation

679. DOTr will provide assistance to households with members requiring caregiving or
manpower support to assist in packing, moving, lifting, and unpacking of their belongings and
other items. The total number of persons requiring special assistance during relocation is
6,063 based on SES data. A Manpower Assistance Team (MAT) composed of two persons,
will be provided by DOTr for two days for each family. The assisting staff will be remunerated
based on minimum wage (Php 537/day in Metro Manila).

Table 144: Manpower Assistance for Relocation


No. of No. of Remuneration
Duration Total Amount
Category Beneficiary MAT Staff for MAT per
(Days) (PhP)
(APs) 87 (person) person (PhP)88
Baby/Toddler 4,057 2 537 2 8,714,436
Pregnant 226 2 537 2 485,448
Elderly 1,362 2 537 2 2,925,576
HH with member
who is physically 357 2 537 2 766,836
disabled
HH with member
who is mentally 61 2 537 2 131,028
challenged
Total 6,063 10 - - 13,023,324

680. APs whose livelihood or business operation will be disrupted by the project will be
assisted to restore income levels. Subsections below present the budget required to achieve
this.
Income Loss Compensation for Business

681. Businesses that will be displaced or whose operation will be disrupted due to land
acquisition are entitled to income loss compensation not exceeding six months. DOTr will find
ways to minimize loss of income through workable arrangement with business owners. To
prepare for worst case scenario, compensation for income losses is computed for the
maximum duration of six months using average monthly income declared by disclosing
businesses.

87
The actual cost for special assistance may be lesser since there could be multiple baby/toddler, pregnant and
elderly in one household.
88
Based on minimum wage in Metro Manila.

309
Table 145: Income Loss Compensation for Business
Average Income Loss
Number of Duration
City Monthly Compensation
Establishments (6 months)
Income (PhP) (PhP)
Manila 133,285 142 6 113,558,650
Makati 223,568 29 6 38,900,854
Taguig 21,860 55 6 7,213,638
Paranaque 6,339 14 6 532,467
Muntinlupa 31,326 188 6 35,335,250
San Pedro 16,600 38 6 3,784,882
Binan 16,549 412 6 40,910,103
Sta. Rosa 17,853 46 6 4,927,328
Cabuyao 71,957 17 6 7,339,608
Calamba 152,239 546 6 498,733,832
TOTAL 1,487 751,236,613

Income Loss Compensation for Employees of Affected Business

682. APs who are employed in a displaced commercial, agricultural, institutional or industrial
establishment and lose their job due to closure of business or laying off as a result of minimized
operation, are entitled to cash compensation for a net salary of two months for those receiving
above minimum wage and four months for those receiving minimum wage and below. For
budgetary purposes, income loss compensation is computed for the duration of four months.

Table 146: Income Loss Compensation for Employees of Affected Businesses


Average Income Loss
Number of Duration
City Income/Minimum Compensation
employees (4 months)
Wage (PhP) (PhP)
Manila 16,230* 502 2 16,294,920
Makati 17,654* 237 2 8,367,996
Taguig 12,351** 11 4 543,444
Paranaque 12,351 21 4 1,037,484
Muntinlupa 12,351 189 4 9,337,356
San Pedro 9,200*** 19 4 699,200
Binan 9,200 150 4 5,520,000
Sta. Rosa 9,200 33 4 1,214,400
Cabuyao 9,200 115 4 4,232,000
Calamba 9,200 175 4 6,440,000
TOTAL 1,452 53,686,800
Note:
* Based on actual salary
** Minimum wage in NCR (used minimum wage since the average declared salary in this area
is below minimum wage)
*** Minimum wage in Laguna are (used minimum wage since the average declared average
salary in this area is below minimum wage)

Rental Subsidy for Business

683. For APs who are leasing space from property owners and will continue with their micro,
small, medium or large business activities elsewhere, will be provided with a rental subsidy for
three months based on prevailing average monthly rental rates for a similar structure of equal
type and dimension with the property being leased. For preliminary budget planning purposes,
the subsidy has been applied to all displaced businesses. The actual number of eligible
businesses will be determined during preparation of the DED stage RAP, once tenure
information of the businesses has been validated.

310
Table 147: Rental Subsidy for Leasing Businesses
Average
Number of Multiplier Rental
City Monthly Rent
establishments (3 months) Subsidy (PhP)
(PhP)
Manila 10,755 142 3 4,581,630
Makati 90,593 29 3 7,881,591
Taguig 2,375 55 3 391,875
Paranaque 12,000 14 3 504,000
Muntinlupa 30,465 188 3 17,182,260
San Pedro 2,950 38 3 336,300
Binan 3,620 412 3 4,474,320
Sta. Rosa 2,250 46 3 310,500
Cabuyao 3,583 17 3 182,733
Calamba 6,086 546 3 9,968,868
TOTAL 1,487 45,814,077

Income Loss Compensation for Displaced Household Members Losing


Employment Due to Relocation

684. APs whose employment will be inaccessible after relocation and as a result lose their
employment, are entitled to income loss compensation equivalent to two months actual net
salary for APs receiving above minimum wage or four months equivalent to minimum wage
for APs receiving within or below minimum wage. For preliminary planning purposes, income
loss compensation is computed based on average monthly salary of employees in affected
business in the table above for the duration of four months. The actual number of months to
be applied to individual affected employees (whether two or four) will be finalized during
preparation of the DED stage RAP following validation of employee incomes.

Table 148: Income Loss Compensation for Employed Household Members Losing
Employment Due to Relocation
Average Number of HH Income Loss
Multiplier
City Monthly Salary with Employed Compensation
(4 months)
(PhP) Members (PhP)
Manila 197,801 5982 4 4,732,982,328
Makati 166,493 240 4 159,833,280
Taguig 160,761 421 4 270,721,524
Paranaque 10,810 33 4 1,426,920
Muntinlupa 12,900 1529 4 78,896,400
San Pedro 26,887 340 4 36,566,320
Binan 8,308 2314 4 76,898,848
Sta. Rosa 49,176 467 4 91,860,768
Cabuyao 9,100 128 4 4,659,200
Calamba 9,988 2917 4 116,539,984
TOTAL 14,371 5,570,385,572

Commuting Allowance for Employed Household Members

685. APs who permanently relocate to a place that makes it more expensive to commute to
their place of work and they retain their employment are entitled to receive a commuting
allowance of an amount based on additional cost, but not exceeding Php5,000 per household
per month for three months.

311
Table 149: Commuting Allowance
Commuting Number of Duration
Commuting
City Allowance Employed HH (3
Allowance
(Php) Members months)
Manila 5,000 3,868 3 58,020,000
Makati 5,000 161 3 2,415,000
Taguig 5,000 378 3 5,670,000
Paranaque 5,000 38 3 570,000
Muntinlupa 5,000 1,299 3 19,485,000
San Pedro 5,000 301 3 4,515,000
Binan 5,000 2,081 3 31,215,000
Sta. Rosa 5,000 435 3 6,525,000
Cabuyao 5,000 106 3 1,590,000
Calamba 5,000 2,447 3 36,705,000
TOTAL 11,114 166,710,000

Training Cost

686. The estimated number of training participants are based on the number of household
members engaged in land-based income activity, enterprise-based livelihood and wage-based
occupation. Household heads and their spouses (if any) or other members of the household
will be eligible to attend Financial Management Training to help them manage, invest and use
prudently the compensation that their family will receive from the project.

Table 150: Training Cost


Estimated Ave Cost
Activity Total (PhP)
Participants (PhP)
Vocational training 19,068 10,000 190,680,000.00
Service provider financial management training 22,228 5,000 111,140,000.00
Subtotal 301,820,000.00
LGU Management Fee (10% of direct costs) 30,182,000.00
Total LRIP Estimate 332,002,000.00

Livelihood Rehabilitation for Vulnerable Households

687. Vulnerable households are entitled to livelihood rehabilitation assistance not


exceeding Php 15,000 in the form of training aimed at improving their income level upon
displacement.

Table 151: Livelihood Rehabilitation for Vulnerable Household


Vulnerable Livelihood Total Amount
City
HH Assistance (PhP) (PhP)
Manila 1,600 15,000 24,000,000
Makati 55 15,000 825,000
Taguig 129 15,000 1,935,000
Paranaque 24 15,000 360,000
Muntinlupa 516 15,000 7,740,000
San Pedro 148 15,000 2,220,000
Biñan 765 15,000 11,475,000
Santa Rosa 187 15,000 2,805,000
Cabuyao 57 15,000 855,000
Calamba 1,029 15,000 15,435,000
Total 4,510 67,650,000

312
688. Affected crops and trees will be compensated at current market value regardless of
tenurial status of AP on the land where these crops and trees are located. Table below shows
the valuation of trees and other crops in private and public lands affected by SCRP based on
FS alignment. Updated number of affected crops and trees based on DED alignment will be
included in the DD RAP.
Table 152: Crops and Trees
Number of
Cost per Total Cost
Affected Crop/Tree Affected Trees
Crop/Tree (PhP) (PhP)
and Crops
Affected Crops
Mango 92 5,000 460,000
Coconut 59 5,000 295,000
Santol 8 2,000 16,000
Guyabano 3 500 1,500
Kamansi 6 500 3,000
Malungay 62 500 31,000
Chico 0 500 0
Caimito 3 500 1,500
Camias 4 500 2,000
Macopa 2 500 1,000
Langka 1 500 500
Duhat 1 500 500
Bamboo 1 500 500
Dragon Fruit 2 500 1,000
Others 35 500 17,500
Timber Trees
Mahogany 0 1,000 0
Talisay 23 1,000 23,000
Narra 0 1,000 0
Palm Trees 4 1,000 4,000
Other Ornamental 0 500 0
Total 306 858,000

689. This section presents the administrative related costs for the implementation of this
RAP.

Cost for RAP Implementing Institution

690. The budget for the operation of RAP Implementing Institutions is summarized in the
able below. The estimated cost is calculated based on a lump sum for each LGU. For the
RIMC, cost items may include the following: (i) honorarium for LGU personnel to be assigned
to RIMC89, (ii) budget for processing of Certified True Copies (CTC) of documents and other
requirements needed by the APs, particularly those who are indigent; (iii) budget for meetings
to be held between DOTr and the LGU; and (iv) other incidental costs, which are not yet
identified as of the preparation of the RAP.

89 Unlike the LIAC, which is a recognized entity within the LGU, which may have other tasks assigned internally
and headed by the LGU Executive, RIMC is created solely to assist the implementation of RAP and is headed
by DOTr. As such some LGUs might require payment of honoraria to LGU personnel who will be assigned to the
RIMC.

313
691. For the LIAC, this may consist of additional budget for the following: (i) honorarium to
non-regular members (if any); (ii) meals and transportation during site visits as part of RAP
implementation; (iii) reproduction of forms to be filled up by APs, as part of SHFC
requirements, (iv) other unanticipated incidental expenses

Table 153: Cost for RAP Implementing Institution


City RIMC (PhP) LIAC (PhP) Total (PhP)
Manila 1,000,000 500,000 1,500,000
Makati 1,000,000 500,000 1,500,000
Taguig 1,000,000 500,000 1,500,000
Paranaque 1,000,000 500,000 1,500,000
Muntinlupa 1,000,000 500,000 1,500,000
San Pedro 1,000,000 500,000 1,500,000
Binan 1,000,000 500,000 1,500,000
Sta. Rosa 1,000,000 500,000 1,500,000
Cabuyao 1,000,000 500,000 1,500,000
Calamba 1,000,000 500,000 1,500,000
TOTAL 5,000,000 15,000,000

Cost to Operate GRM

692. The budget for the implementation of the Grievance Redress Mechanism (GRM) is
summarized in the table below.

Table 154: Cost to Operate GRM


Number of Unit Cost Total Amount
Particular Quantity
LGUs (PhP) (PhP)
Laptop/Desktop 1 unit 10 50,000 500,000
Desk 1 unit 10 25,000 250,000
Chairs 10 units 10 500 50,000
Printer 1 unit 10 20,000 200,000
Cellphone 1 unit 10 20,000 200,000
Paper 180 rims 10 300 540,000
Ballpen 180 pcs 10 20 36,000
Drop Box 1 unit 10 1,000 10,000
Internet Connection Expense 1 connection 10 5,000 50,000
Internet Monthly Bill 60 months 10 5,000 3,000,000
Electric Bill 60 months 10 1,000 600,000
Transportation Cost 60 months 10 4,000 2,400,000
Total 7,836,000

Cost for Continuing Information Disclosure and Consultations

693. Budget for Continuing Information Disclosure includes cost for printing of information
brochure and tarpaulin.

Table 155: Printing Cost for Information Brochure and Tarpaulin


Printing of Printing of
City Information Brochure Tarpaulin Total (PhP)
(PhP) (PhP)
Manila 5,000 5,000 10,000
Makati 5,000 5,000 10,000
Taguig 5,000 5,000 10,000
Paranaque 5,000 5,000 10,000
Muntinlupa 5,000 5,000 10,000
San Pedro 5,000 5,000 10,000
Binan 5,000 5,000 10,000

314
Sta. Rosa 5,000 5,000 10,000
Cabuyao 5,000 5,000 10,000
Calamba 5,000 5,000 10,000
TOTAL 100,000

315
Project Monitoring and Evaluation Cost

694. Cost for project monitoring is computed based on a lump sum budget for external monitoring agent (EMA) set at Php 1,000,000 per LGU.
The preparation of Initial Evaluation Report is allotted with Php 100,000 budget per LGU, while preparation of Quarterly Monitoring Report is
allotted with Php50,000 per quarter per LGU for five years. Cost for the preparation of Semi-annual Monitoring and Evaluation Report is set at
Php 200,000 per year for five years.
Table 156: Cost for Project Monitoring and Evaluation
Semi Annual
External Quarterly Resettlement
Initial Evaluation Monitoring and
City Monitoring Report Monitoring Report Audit Report Total (PhP)
Report (PhP) Evaluation Report
(PhP) (PhP) (PhP)
(PhP)
Manila 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Makati 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Taguig 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Paranaque 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Muntinlupa 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
San Pedro 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Binan 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Sta. Rosa 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Cabuyao 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
Calamba 1,000,000 100,000 1,000,000 1,000,000 100,000 3,200,000
TOTAL 10,000,000 1,000,000 10,000,000 10,000,000 1,000,000 32,000,000

695. For unanticipated involuntary resettlement impacts that will arise during project implementation, DOTr will conduct a social impact
assessment and formulate a new resettlement plan following all applicable requirements specified in this document.

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14. CHAPTER 14: MONITORING AND EVALUATION

696. The Department of Transportation (DOTr) has put in place a monitoring system that
tracks (i) whether the planned resettlement activities for project-affected households (PAHs)
are delivered (i.e., whether compensation for lost assets are promptly paid) and (ii) whether
the planned activities contained in the resettlement action plan (RAP) such as relocation and
livelihood restoration are producing desired outcomes. Internal monitoring tracks the progress
in the delivery of physical and financial targets, resettlement assistance, and other
entitlements, while external monitoring assesses effects and impacts of the RAP
implementation and the extent to which RAP objectives are being achieved.

697. Internal resettlement monitoring will be conducted by the Project Management Office
(PMO), while external monitoring will be carried out by independent monitoring specialists.

698. The tasks and obligations of the PMO on internal monitoring are the following:

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 report any
gaps;
c. Collect and analyze key resettlement data for reporting purposes;
d. Validate compensation paid and verify if 100% compensation is paid prior to
relocation;
e. Review grievances to ensure that they are recorded and addressed properly in
a timely manner; and
f. Prepare required monitoring reports based on the format prescribed in the
RAP.

699. The RAP requires an external monitoring agent (EMA) to be retained. The EMA will
not be involved in the day-to-day project implementation or supervision but will verify the
RAP’s monitoring indicators and provide advice on safeguard compliance issues. If any critical
involuntary resettlement issues are identified, the EMA will prepare a Correction Action Plan.
The EMA will prepare and submit semi-annual reports to the DOTr, the Asian Development
Bank (ADB), and the Japan International Cooperation Agency (JICA). The terms of reference
of the EMA can be found in Appendix 13-1.

700. The EMA will review documentation and reports, hold discussions with project
implementers and key stakeholders, conduct site observation visits, and consult with project-
affected persons (PAPs). The detailed tasks of the EMA are the following.

1. Review internal monitoring reports;


2. Assess the extent to which consultation and disclosure activities are inclusive,
accessible, and effective in conveying key information from the RAP as well as provide
conditions for PAPs to contribute to decision-making which affects them, such as
resettlement and livelihood restoration;

317
3. Verify if compensation and assistance is provided in accordance with the requirements
of the RAP, checking whether it is done 100% prior to loss/relocation;
4. Assess whether resettlement objectives are likely to be achieved and specifically
whether livelihood and living standards are restored or enhanced;
5. Suggest modifications in the implementation procedures of the RAP, if necessary, to
achieve its principles and objectives;
6. Review how compensation rates are evaluated;
7. Validate compensation paid and verify if 100% compensation is paid prior to relocation
8. Review the effectiveness of the Grievance Redress Mechanism (GRM) and its
accessibility and responsiveness to resolving complaints; and
9. Prepare corrective action plans when necessary

701. The PMO will submit monitoring reports to JICA/ADB. The monitoring reports sent to
JICA and ADB will be disclosed on their website.

702. The monitoring reports to be prepared are summarized in Table 157.

Table 157: Monitoring Reports


Internal External Responsib Submit to
Type of Report Frequency
Monitoring Monitoring le Party Whom
Inception One (1) month after EMA ⇒ DOTr,
1 ✓ EMA
Report mobilization JICA, and ADB
Monthly submission from
Monthly
the commencement of
2 Monitorin ✓ PMO PMO
RAP validation on the
g
progress
Quarterly submission
Quarterly
from the commencement PMO ⇒ JICA
3 Monitorin ✓ PMO
of RAP validation until and ADB
g
completion of the loan
(i) Upon the completion
of payment of
compensation and
assistance of any given
section to be handed
over for civil works;
Post-
(ii) six (6) months
completio PMO ⇒ JICA
following completion of
4 n ✓ PMO/EMA and ADB
relocation to permanent
evaluation
relocation sites; and
report
(iii) two (2) years after
the completion of
relocation focusing on
the Livelihood
Restoration and
Improvement Program

318
Internal External Responsib Submit to
Type of Report Frequency
Monitoring Monitoring le Party Whom
(LRIP)

Semi-
annual PMO ⇒ JICA
Every six (6) months until
Monitorin and ADB
5 ✓ ✓ the end of the loan PMO/EMA
g and EMA ⇒ DOTr,
closing
Evaluatio JICA, and ADB
n Report
PMO ⇒ JICA
Final and ADB
6 ✓ ✓ Upon loan closing PMO/EMA
Report EMA ⇒ DOTr,
JICA, and ADB

703. Inception Report. The Inception Report will be prepared one month after the Notice
to Proceed (NTP) for the EMA engagement. The report will set out the proposed methodology
for achieving external monitoring objectives as well as finalize indicators for monitoring and
reporting formats. The report will be reviewed and revised to address comments by the PMO,
JICA, and ADB prior to finalization.

704. Monthly Monitoring Report. The PMO conducts monthly monitoring of activities
related to the RAP implementation. The Monthly Monitoring Report will focus on the following:

- Progress of the RAP implementation against planned activities including land


acquisition 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;
- Identification and resolutions of outstanding issues of the previous months and
pending issues; and
- Recommendations and solutions against challenges faced during implementation.

705. Quarterly Monitoring Report. The PMO reports quarterly to the DOTr, JICA, and
ADB. Internal monitoring includes a monitoring form which clearly identifies the proposed
input, output, and indicator. The draft monitoring form is attached in Appendix 13.

706. Post Completion and Evaluation Report. Post-completion and Evaluation Reports
will be drafted by the PMO at the following stages of the RAP implementation: (i) upon
completion of disbursement and compensation and assistance of any given section to be
handed over for civil works; (ii) three months after the completion of payment of compensation;
(iii) six months following the completion of relocation to permanent relocation sites; and (iv)
two years after the completion of relocation focusing on the Livelihood Restoration and
Improvement Program (LRIP).

707. Post-completion and Evaluation Reports will be prepared by the EMA as part of their
semi-annual reporting to confirm the information provided in the above-mentioned internal
monitoring reports.

708. The evaluation will assess the extent to which living standards and livelihoods of PAPs
are viable and meet at least national minimum standards in accordance with the agreed
monitoring indicators and reporting formats. The assessment will indicate whether the

319
assistance provided is appropriate and whether the DOTr needs to modify the assistance to
enable the achievement of these objectives

709. Semi-annual Monitoring and Evaluation Report. This activity is undertaken by the
PMO and the EMA every six months until loan closing. The semi-annual reports will report on
the monitoring indicators as detailed in Table 158.

710. Final Report. The Final Report will be completed by the PMO and the EMA on loan
closing and evaluate if the objectives of the RAP are achieved.

711. The indicative internal monitoring indicators and the monitoring indicators for the EMA
are shown in the following tables. The indicators for internal and external monitoring will be
finalized and agreed through the preparation and approval process of the Inception Report.

Table 158: Indicative Monitoring Indicators for Internal Monitoring


Means of
No. Category Checklist
Verification
Establishment of necessary institutions within
the DOTr for the RAP implementation DOTr records
(names/dates of establishment)
Status of signing of an
agreement/Memorandum of Agreement
DOTr records
(MOA) with other/external agencies
Institutional (names/dates of signing)
arrangement for the
1 Status of recruitment of land acquisition and DOTr PMO list of
RAP implementation
resettlement staff as per RAP provision staff
and capacity building
Organized training
Details of capacity building of the staff
and attendance
engaged in the RAP implementation
sheets
Organized training
Details of orientation workshops for other/line
and attendance
agencies involved in the RAP implementation
sheets
Availability of required funds with the DOTr for DOTr transfer
the RAP implementation as planned records
Fund availability and
2 Allocation of funds to resettlement agencies as
allocation DOTr transfer
per schedule (names of agencies/dates of
records
transfer/amount etc.)
Number of PAPs agreed to negotiated sale DOTr records
Number of PAPs for expropriation cases DOTr records
Number of informal settler families DOTr records
(ISF)s/PAPs
Issuance of the Notice of Taking (NoT), the DOTr records
Offer to Buy (OTB), etc.
Identification and verification of ISFs/PAPs DOTr records
Identification and verification of PAPs eligible DOTr records
3 Identification and for housing schemes
notification Identification and verification of PAPs eligible DOTr records
for social housing schemes
DOTr/key shelter
Identification and verification of PAPs ineligible
agency (KSA)
for social housing schemes
records
Identification and verification of vulnerable DOTr records
PAPs
Identification and verification of other PAPs DOTr records
with no permanent dwelling

320
Means of
No. Category Checklist
Verification
Identification and verification of LRIP DOTr records
recipients
Availability of social housing units with the DOTr/KSA records
National Housing Agency (NHA)
Availability of housing units of public rental DOTr records
facility
Progress and schedule of housing DOTr/KSA records
construction by the NHA
Resettlement Consultation and agreement with PAPs on DOTr/KSA records
4 preparation and site available housings
selection Creation of social infrastructure at
resettlement sites
Consultation and site selection by PAPs DOTr/KSA records
Signing of agreements with PAPs for social DOTr/KSA records
housing units
Progress and schedule of delivery of social DOTr/KSA records
housing units
Completion of a validation and replacement DOTr records
cost survey
Finalization of a master list for self-relocation DOTr records
Payment of full compensation for land, DOTr records
structures, and other
properties/improvements/assets
Payment of
Details of payment of various assistances to DOTr records
5 compensation and self-
PAPs (including rental subsidies, food
relocation
allowances, transportation allowances, etc.)
Status of payment of various assistance for DOTr records
PAPs
Number of PAPs who receive special DOTr records
vulnerable assistance
Signing of agreements for demolition DOTr records
Number of PAPs availing of social housing DOTr/KSA records
units and Pag-IBIG housing support
Number of PAPs resettled DOTr/KSA records
Project-assisted Number PAPs who relocate to temporary DOTr/KSA records
6 accommodation
resettlement
Number of PAPs resettled at public rental DOTr/KSA records
facilities
Number of PAPs who receive special DOTr records
vulnerable assistances
Consultation with PAPs during resettlement DOTr records
preparation
Consultation for site selection DOTr records
Consultation and
7 Disclosure of communication materials DOTr records
disclosure
including construction schedules
Inclusion of women and vulnerable DOTr records
groups/people in consultation
Identification of income restoration measures DOTr records
Identification of PAPs with specific income DOTr records
restoration measures
Identification and agreement with service DOTr records
8 LRIP providers
Organization of LRIP workshops DOTr records
Assistance for financial management DOTr records
Assistance for securing soft loans DOTr records

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Means of
No. Category Checklist
Verification
Vocational training provided DOTr records
Provision of employment opportunities to DOTr records
PAPs during construction of the project
including the number of PAPs who obtain
employment
Number of the Hotline/phone established DOTr records
Establishment and operation of GRM levels DOTr records
Establishment and operation of Help Desks DOTr records
9 GRM
Training of GRM staff completed DOTr records
Number/type of grievances received at each DOTr records
level
Restoration of public Number/type of public facilities to be restored DOTr records
10
facilities Number/type of public facilities restored DOTr records
Area/length of the right-of-way (ROW) handed DOTr records
over by the Philippine National Railways
Handover of land for (PNR)
11 Area/length of other government-owned land DOTr records
civil works
handed over
Area/length of private land handed over DOTr records
Number of woman-headed families DOTr records
Number of woman-headed families which opt DOTr records
for self-relocation
Number of woman-headed families which DOTr records
receive full compensation
Number of woman-headed families which DOTr records
receive all kinds of assistance
Gender-disaggregated Number of woman-headed families which opt DOTr records
resettlement and for assisted relocation
12 Number of women's group consultation DOTr records
rehabilitation
information meetings organized
Number of woman-headed families which DOTr records
complete self-relocation
Number of woman-headed families which DOTr records
obtain assisted-relocation
Number/type of the LRIP opted by woman- DOTr records
headed families
Number/type of the LRIP participated by DOTr records
woman-headed families

712. Guide questions to use during internal monitoring are indicated below:

Guide Questions to Use during Internal


No. Category Means of Verification
Monitoring
Have all land acquisition and resettlement
staff been appointed and mobilized for field
DOTr's PMO list of staff
and office works on time to meet the RAP
implementing schedule?
Recruitment, training,
1 Have capacity building and training activities Organized trainings and
and deployment
on the GRM been completed on schedule? attendance sheets
Are all DOTr staff attending to GRM concerns Organized GRM
provided with sufficient training and trainings and
orientations prior to deployment? attendance sheets

322
Guide Questions to Use during Internal
No. Category Means of Verification
Monitoring
Are funds for resettlement and livelihood
being allocated to resettlement agencies on Transfer records
time?
2 Budget
Have KSAs received the scheduled funds? Transfer records
Have funds been disbursed according to the Records of
RAP? disbursement
Were RAP Implementation Management
MOA and meeting
Committees (RIMCs) established and
minutes
mobilized as planned?
Records of resettlement
Are resettlement activities being achieved activities compared to
against the agreed implementation plan? the implementation
schedule
Was the validation of government financial
Submission of valuation
institutions (GFIs) pertaining to fair market
reports compared to the
values for land, crops, and trees and
implementation
replacement costs for structures and
schedule
improvements completed on time?
Records of the
implemented LRIP
3 Timeframe
Has the LRIP phase started as scheduled? compared to the
implementation
schedule
Have all NoT been issued to property Records of the issuance
owners? of the NoT
Records of the issuance
of OTB compared to the
Were all OTB delivered on time?
implementation
schedule
Comparison with the
Was due diligence of submitted ownership
planned implementation
documents completed on time?
schedule
Have all lands been acquired and vacated in Records of land
time for project implementation? acquisition
How many Extra Judicial Settlement (EJS)
Records of land
cases were assisted and able to be
acquisition negotiations
processed as negotiated sale?
How many cases with Real Property Tax
Records of land
ROW acquisition (RPT) arrears were assisted and processed
4 acquisition negotiations
documentation as negotiated sale?
Records of land
How many expropriation cases were filed?
acquisition negotiations
How many PAPs opted to revert to negotiated Records of land
sale? acquisition negotiations
Has the final Entitlement Matrix updated
during the detailed design (DD) RAP been Records of SCMs
presented to PAPs?
Have all PAPs received entitlements
Records of payment for
according to amounts and categories of the
Delivery of compensation
loss set out in the Entitlement Matrix?
5 compensation and
Have PAPs received payment for affected Records of payment for
entitlements
structures and lands on time? compensation
Have all PAPs received the agreed transport
costs, relocation costs, income restoration Site visits to check the
support, and any resettlement allowances, occupancy
according to schedule/as required?

323
Guide Questions to Use during Internal
No. Category Means of Verification
Monitoring
Have all replacement land plots or contracts
been provided? Was the land developed as List of the provided
specified? Are measures to provide land titles replacement lands
to PAHs ongoing?
Validated a master list
How many PAPs have received housing as of ISFs and record of
per relocation options in the RAP? social housing
allocation by the NHA
Number of PAPs who
Are PAPs occupying new houses? have moved in
relocation sites
Records of assistance
Are assistance measures being implemented
provided to host
as planned for host communities?
communities
Is restoration proceeding for social Number of the provided
infrastructure and services? social infrastructure
Have affected businesses received
entitlements including transfer and payments Payment record for
for the net loss resulting from lost business compensation
and stoppage of production?
Have relocation sites been selected and Verification of relocation
developed as per agreed standards? sites
Does the housing quality meet the standards Disbursement records
agreed? of rental subsidies
Are PAPs able to access schools, health Interviews with PAPs
services, and cultural sites at the pre- and comparison with
relocation level? the baseline survey
Was a rental subsidy for a temporary Records of Landbank
6 Resettlement
accommodation provided on time and are disbursement
PAPs renting/staying per agreed standard?
Submission of
Have PAPs found temporary
documents for rental
accommodations on time?
subsidies
How many PAPs are ineligible for social Validated master list of
housings and have they been provided with ISFs
public rental facilities?
Are income and livelihood restoration
activities being implemented as set out in the
plan? For example, the utilization of Comparison of records
replacement land, the commencement of of organized LRIP
production, the number of PAPs trained and activities compared to
provided with jobs, micro-credit disbursed, the the planned ones
number of income-generating activities
assisted.
Number of PAPs who
7 LRIP participated in
How many eligible PAPs haves participated in
organized trainings
the LRIP?
Number of soft loans
provided
Interviews with PAPs
Has the livelihood of PAPs been restored or
and comparison with
improved?
the baseline study
Number of organized
Were job fairs organized as planned? How
job fairs compared to
many?
planned ones

324
Guide Questions to Use during Internal
No. Category Means of Verification
Monitoring
Reports from
Were PAPs hired for construction-related
contractors on the
jobs? How many?
number of hired PAPs
Have all post-RAP Stakeholder Consultation
Meetings (SCMs) been conducted prior to the SCMs
RAP implementation?
Have other types of consultations taken place
as scheduled including meetings, groups, and Records of meetings
community activities?
Number of distributed
Have appropriate resettlement information communication
Public participation
8 dissemination materials (i.e., leaflets) been materials and interviews
and consultation
prepared and distributed? with PAPs to verify the
appropriateness
How many PAPs know their entitlements?
How many PAPs know if they have been Interviews with PAPs
received?
How many PAPs have used the grievance
redress procedures? What were the GRM database
outcomes?
Were sufficient number of staff allocated at
GRM monitoring sheet
each Help Desk?
Were appropriate tools and resources
GRM database
provided at each Help Desk?
Were complaints and grievances addressed
GRM database
in a timely manner?
9 GRM
Have grievances been resolved? GRM database
How many cases were resolved at the levels
of the Help Desk, the RIMC, the Project Inter- GRM database
Agency Committee (PIAC)?
How many court cases were filed due to Number of court cases
unaddressed grievances? filed
What changes have occurred in patterns of Interview with PAPs and
occupation, production, and resource use comparison with
compared to the pre-project situation? baseline survey
What changes have occurred in income and Interviews with PAPs
expenditure patterns compared to the pre- and comparison with
project situation? What have been changes in the baseline survey
costs of living compared to the pre-project
10 Benefit monitoring situation? Have PAHs’ incomes kept pace
with these changes?
What changes have taken place in key social Interviews with PAPs
and cultural parameters relating to monitoring and comparison with
indicators? the baseline survey
Interviews with PAPs
What changes have occurred for vulnerable
and comparison with
groups?
the baseline survey
Source: JICA Design Team.

Table 159: Indicative Monitoring Indicators for the EMA


No. Category Basis for Indicators Means of Verification
Institutional Establishment of the PMO with required staffing Consultation with the
arrangement for for the RAP implementation DOTr
1
the RAP Adequacy of knowledge and experience of the
Discussions with the PMO
implementation PMO for the RAP implementation

325
No. Category Basis for Indicators Means of Verification
Effectiveness of capacity-building measures
Discussions with the PMO
undertaken
Consultations with the
Establishment of the PIAC
DOTr
Consultations with the
Signing of MOAs with the NHA
DOTr
Consultations with the
Establishment of the RIMC
DOTr
Consultations with the
Establishment of the GRM as per RAP provision
DOTr
Consultations with the
Availability of required fund with the DOTr
DOTr
Allocation of funds to resettlement agencies as per
Records of disbursement
schedule
Finalization of the RAP during the detailed
Review of the RAP
engineering design (DED) phase
RAP compliance with ADB/JICA policies Review of the RAP
Adequacy of entitlement provision Review of the RAP
Availability and adequacy of socio-economic Discussions with NSCR-
Adequacy of
survey (SES) database based on DED surveys Ex PMO
2 resettlement
Review of DOTr
planning Verification of replacement cost studies
records/field verification
Discussions with NSCR-
Establishment of an internal monitoring system
Ex PMO
Availability, accessibility, and adequacy of internal Discussions with NSCR-
monitoring reports Ex PMO
Disbursed compensation as per entitlement matrix Records of disbursement
Disbursed entitlement on time and before
Records of disbursement
displacement
Adequate time given through a notification for self-
Consultations with PAPs
relocation
Discussions with NSCR-
Replacement land plots provided
Ex PMO
Quality of new plots and issuance of land titles Consultations with PAPs
Availability of social housings Discussions with KSAs
ISFs provided with adequate information to avail
of social housings
Delivery of Participation of ISFs in selection and design of
3 Consultations with PAPs
entitlements social housing locations and options
Quality of social housing s Field verification
Availability of infrastructure at social housings Field verification
Availability of transitional rental assistance until
Consultations with PAPs
availability of housing schemes
Project assistance for PAPs who opted social
Consultations with PAPs
housings
Timely disbursement of agreed assistance to
Consultations with PAPs
PAPs
Special assistance for vulnerable PAPs in the
Consultations with PAPs
resettlement process
ISFs satisfaction with availed social housings Consultations with PAPs
Consultations organized as scheduled including Internal monitoring
meetings, groups, and community activities report/records of SCMs
Consultation Knowledge of displaced persons on entitlements Interviews with PAPs
4
and grievances Consultation meetings exclusively with women Records of consultations
Consultation meetings exclusively with vulnerable
Records of consultations
groups

326
No. Category Basis for Indicators Means of Verification
Dissemination of communication materials to
Interviews with PAPs
PAPs in local languages
Knowledge of PAPs about the GRM including
Interviews with PAPs
Help Desks
Accessibility of the GRM to PAPs Interviews with PAPs
Information on resolution of grievances GRM database records
Timing of grievances redressed as per schedule GRM database records
Proper communication on GRM decisions to PAPs GRM database records
Inclusion of PAPs under rehabilitation programs
(data disaggregated by gender and vulnerable Final master list of PAPs
group)
Availability of vocational/entrepreneurial training Interviews with PAPs
Availability of soft loans for PAPs who opted for Interviews with PAPs
Adequacy of vocational/entrepreneurial training Interviews with PAPs
Availability of employment opportunities. Interviews with PAPs
Degree of satisfaction with support received for Interviews with PAPs
livelihood programs
Successful enterprises (data disaggregated by Interviews with PAPs
gender and vulnerable group)
5 LRIP Displaced persons who improved their incomes Interviews with PAPs
(data disaggregated by gender and vulnerable
group)
Displaced persons who improved their standard of Interviews with PAPs
living (data disaggregated by gender and
vulnerable group)
Displaced persons with agricultural replacement Interviews with PAPs
land (data disaggregated by gender and
vulnerable group)
Quantity of land owned/contracted by displaced Interviews with PAPs
persons (data disaggregated by gender and
vulnerable group)
Changes occurred in patterns of occupations, Interviews/comparison
production, and resource use compared to the with the baseline data
pre-project situation
Changes occurred in income and expenditure Interviews/comparison
Benefit
6 patterns compared to the pre-project situation with the baseline data
monitoring
Changes occurred in key social and cultural Interviews/comparison
parameters with the baseline data
Interviews/comparison
Changes occurred for vulnerable groups
with the baseline data

Guide questions used during external monitoring are indicated below:

No. Category Basis for Indicators Means of Verification


How many EJS cases were assisted and able to Records of land
be processed as negotiated sale? acquisition negotiations
How many cases with RPT arrears were assisted Records of land
and processed as negotiated sale? acquisition negotiations
How many expropriation cases received a final Records of court decisions
ROW acquisition decision from respective courts?
1
process Among those under expropriation cases, how Records of land
many ISFs were affected? acquisition negotiations
How many PAPs under expropriation cases were Court records
able to withdraw the deposit made to respective
courts?
How many PAPs opted to revert to negotiated sale Records of land

327
No. Category Basis for Indicators Means of Verification
and were granted the same? acquisition negotiations
How many PAPs who signed Agreement to Records of land
Demolish and Remove Improvements (ADRIs) acquisition negotiations
vacated structures as agreed?
Were entitlements disbursed according to the
number and category of losses set out in the Records of disbursement
Entitlement Matrix?
Was disbursement made to meet the timelines? Records of disbursement
Has the identification of displaced persons losing
Records of validation
land temporarily, e.g., through soil disposal,
activities
borrow pits, contractors’ camps, been included?
Was disbursement of the agreed transport costs,
relocation costs, income substitution support, and Number of soft loans
any resettlement allowances made in a timely provided
manner according to the schedule?
Were replacement land plots provided? What was Records of the provision
the quality of new plots and issuance of land titles? of replacement land
Delivery of
2 List of constructed social
entitlements Are social infrastructure and services restored?
infrastructure
Records of the land-for-
land provision
Are LRIP activities being implemented as set out
Number of organized
in the program, for example, utilizing replacement
trainings and
land, commencement of production, the number of
attendance sheets
the displaced persons trained for employment with
Number of organized job
jobs, microcredit disbursed, the number of
fairs
assisted income-generating activities?
Number of provided soft
loans
Have affected businesses received entitlements, Records of payment of
including transfer and payment for the net loss compensation
resulting from lost businesses?
Are consultations organized as scheduled
including meetings, groups, and community Records of SCMs
activities?
Do PAPs have knowledge of entitlements? Interviews with PAPs
Consultation
3 How many PAPs have used the Help Desk
and grievances GRM database records
(GRM)?
How many cases have been resolved? GRM database records
Which information on the implementation of the
GRM database records
social preparation phase is available to PAPs?
How many general meetings were held (for both
Records of SCMs
men and women)?
What is the percentage of women out of total Records of SCMs
participants? Attendance list
How many meetings were held exclusively with Records of SCMs
women? Attendance list
How many meetings were held exclusively with Records of SCMs
Communications vulnerable groups?
4
and participation How many meetings were held at new sites? Records of SCMs
How many meetings were held between hosts and Records of SCMs
displaced persons?
What is the level of participation in meetings (data Records of SCMs
disaggregated by gender and vulnerable group)? Attendance list
What is the level of information communicated? Is Records of SCMs
it adequate or inadequate?
Was information properly disclosed? Records of SCMs

328
No. Category Basis for Indicators Means of Verification
Were translations of information disclosure in the Records of SCMs
local languages available?
Were land acquisition and resettlement staff
appointed and mobilized on schedule for field and Staffing records
office works?
Were capacity building and training activities
Records of trainings
completed on schedule?
Were resettlement implementation activities
Records of disbursement
achieved against the agreed implementation plan?
Were the funds for resettlement agencies Records of land
Budget and time allocated on time? acquisition
5
frame Were the scheduled funds received by Records of fund
resettlement offices? transmission
Records of fund
Were the funds disbursed according to the RAP?
transmission
Comparison of organized
Was social preparation implemented as per
activities with the
schedule?
implementation schedule
Was land acquisition and occupation in time for Records of land
implementation? acquisition
Were ISFs provided with adequate information,
consulted on their preferences, and guided on Records of consultations
procedures to avail of social housings?
Did ISFs participate in selection and design of Verification of relocation
social housing locations and options? sites
What is the number and percentage of ISFs
List of relocated PAPs
provided with social housing programs?
Were social housings provided to relocating ISFs Disbursement records of
timely? rental subsidy
Was the quality of social housings provided to
Onsite verification of
Resettlement ISFs sufficient (i.e., suitability of locations, utilities,
6 relocation sites
and relocation and access to social services)?
Was transitional assistance such as transportation Disbursement records
allowances provided?
Was rental assistance provided until social Disbursement records of
housing is available for eligible ISFs? rental subsidies
What is the percentage of relocated ISFs who are Records of amortization
able to pay amortizations? payment
What is the percentage of relocated ISFs satisfied Interviews with PAPs
with social housings and the remaining in social
housings?
Was the management of the NHA adequate? Auditing with the NHA
What is the number of displaced persons under
the rehabilitation programs (data disaggregated by Final master list of PAPs
gender and vulnerable group)?
What is the percentage of PAPs eligible for LRIP
assistance who registered in the program (data Final master list of PAPs
disaggregated by gender and vulnerable group)?
What is the percentage of eligible PAPs applying
Livelihood and
for soft loans?
7 income
What is the percentage of successful soft loan
restoration
applications?
What is the number of displaced persons/eligible
Records of organized
PAPs who received vocational/entrepreneurial
trainings and attendance
training (data disaggregated by gender and
lists
vulnerable group)?
What are the types of training and the number of Records of organized
participants in each? trainings and attendance

329
No. Category Basis for Indicators Means of Verification
lists

Records of organized
trainings and
attendance lists
What is the number and percentage of displaced
Records of provided soft
persons covered under livelihood programs (data
loans
disaggregated by gender and vulnerable group)?
Records of vulnerable
PAPs provided with
additional assistance
What is the number of displaced persons who Interviews with PAPs
have restored their income and livelihood patterns
(data disaggregated by gender and vulnerable
group)?
Number of organized job
How many new jobs were generated?
fairs
What is the extent of participation in rehabilitation Records of participation of
programs? PAPs
What is the extent of participation in vocational Records of participation in
training programs? training programs
What is the level of satisfaction with support Interviews with PAPs
received for livelihood programs?
What is the percentage of successful enterprises Interviews with PAPs
reaching break-even (data disaggregated by
gender and vulnerable group)?
What is the percentage of displaced persons who Interviews with PAPs
improved their income (data disaggregated by
gender and vulnerable group)?
What is the percentage of displaced persons who Interviews with PAPs
improved their standard of living (data
disaggregated by gender and vulnerable group)?
What is the number of displaced persons who Interviews with PAPs
were given agricultural land as a replacement for Records of provided
land loss (data disaggregated by gender and replacement land
vulnerable group)?
What is the quantity of land owned/contracted by Interviews with PAPs
displaced persons (data disaggregated by gender
and vulnerable group)?
Source: JICA Design Team

330

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