HALSEMA HIGHWAY RESETTLEMENT ACTION PLANI. National Roads Improvement and Management Program. November 1999

Transcription

1 Public Disclosure Authorized National Roads Improvement and Management Program Public Disclosure Authorized Department of Public Works and Highways RP-24 VOL. 3 (Revised) World Bank Public Disclosure Authorized HALSEMA HIGHWAY RESETTLEMENT ACTION PLANI Public Disclosure Authorized November 1999 Department of Public Works and Highways Manila, Philippines

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3 TABLE OF CONTENTS Table of Contents List of Annexes List of Tables List of Figures Acronyms and Abbreviations Executive Summary 1. INTRODUCTION 1.1 Description of the Project 1.2 Types of Impacts 1.3 Steps taken to Minimize the Impacts 1.4 Main Objectives of the 2. DESCRIPTION OF IMPACTS AND SOCIO-ECONOMIC CHARATERISTICS Administrative Units 2.2 Social and Economic Characteristics of Project Affected Persons Household size Minority Groups Household Income 2.3 Impacts of the Project Impacts on Land Impacts on Structures Other Miscellaneous Structures and Fixed Assets Loss of Crops and Trees Loss of Incomes and Businesses Loss of Electricity and Water Connections Impacts on Public Infrastructures Facilities Tenants Temporary Impacts 2.4 Relocation Requirements 3. COMPENSATION RATES AND ENTITLEMENTS Introduction 3.2 Detailed Compensation Entitlements Loss of Arable Land Loss of Residential or Comnnercial Land Loss of Main Residential Structures Loss of Independent Shops/Stores Loss of Other Fixed Structures Loss of Standing Crops and Trees Loss of Service Facilities Loss of Public Infrastructures and OtheirAssets.

4 3.3 Resettlement Costs and Budget Procedures for Flo", of Funds Cost Estimates and Inflation Adjustment Implementation, Administration and Contingency Costs Unit Prices for Cost Estimation 4. IMPLEMENTATION SCHEDULE Approval of the RAP 4.2 Resettlement Implementation Activities MOU with LGU and Establishment of the RAP Implementation Cornmittees Training of the RAP Implementation Committees Establishment of Detailed Compensation Rates Conducting Public Information Campaign Stake-out and Validation of Titles Finalization of Compensation and Other Entitlements of PAPs Public Meeting Payment of Compensation and Other Entitlements Re-organization and Relocation Handing Over the Site for Civil Works 4.3 Monitoring and Supervision of RAP Implementation 5. MONITORING AND EVALUATION Intemal Monitoring Monitoring Indicators Staff for Conducting Intemal Monitoring Reporting on Monitoring 5.2 External Monitoring Agency Responsible Monitoring and Evaluation Indicators Monitoring Methodology Sampling Methods Data Collection Methods 5.3 Post Implementation Evaluation Study 5.4 Monitoring and Evaluation Reports Monitoring Reports Evaluation Report iii

5 ANNEXES Annex A: Annex B: Annex C: List of Public Meetings Comparative Rates TOR for External Monitoring, and Evaluation iv

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7 LIST OF TABLES Table 1.1 Table 2.1 Table 2.2 Table 2.3 Table 2.4 Table 2.5 Table 2.6 Table 2.7 Table 2.8 Table 2.9 Table 2.10 Table 2.11 Table 2.12 Table 3.1 Table 3.2 Schedule of Realignment Administrative Units in the Project Distribution of PAPs by Household Size Main Occupation Monthly Household Income Extent of Impacts on Agricultural Land Total Land Area Affected Area of Residential Structures Affected Breakdown of Impacts on Residential Structures Distribution of PAPs Affected By the Loss of fixed Assets and Miscellaneous Structures Number of Shops Affected and Type of Construction Breakdown of Impact on Shops / Commnercial Structures Summary of Affected Assets Entitlement Matrix Estimated Resettlement Cost v

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9 LIST OF FIGURES Figure 1.1 Figure 1.2 Figure 4.1 Halsema Road Project Straight Line Diagram of Municipality RAP Implementation Schedule vi

10 Acronyms and Abbreviations AO AORSF APL DA DAO DEO DENTR DO DOTC DPWH EA ECC EIA EIAPO EO ESSSO GIS GOP GRC HUDC IBRD ICC IEE Km LGU MA MOA NEDA NHA NRIMP OD PAP PAF PD PMO RA RAP RIC ROW SIA TOR URPO Administrative Order Action Office for Resettling Squatter Families Adaptable Program Loan Department of Agriculture Department Administrative Order District Engineering Office Department of Environment and Natural Resources Department Order Department of Transportation and Communication Department of Public Works and Highways Environmental Assessment Environmental Compliance Certificate Environmental Impact Assessment Environmental Impact Assessment Project Office Executive Order Environmental and Social Support Service Geographic Information System Government of the Philippines Grievance Redressal Committee Housing and Urban Development Council Intemational Bank for Rural Development Indigenous Cultural Community Initial Environmental Examination Kilometer Local Governmnent Unit Monitoring Agency Memorandum of Agreement National Economic Development Authority National Housing Authority National Roads Improvement and Management Program Operational Directive Proj ect Affected Person Project Affected Family Presidential Decree Project Management Republic Act Resettlement Implementation Committee Right of Way Social Impact Assessment Terms of Reference Urban Roads Project Office vii

11 EXECUTIVE SUMMARY The is part of the Baguio-Bontoc-Banaue Road, covering an approximate length of 180 km. This road serves as the principal vehicular access from Baguio City to the highlands of Benguet and Mt. Province. The improvement of the road will greatly enhance the economic growth of the region through improved access to goods and services and tourism development. The project is classified as of strategic importance to the country's arterial road network. The project road covers a total length of km, from La Trinidad to Mt. Data within the jurisdiction of the District Engineering Office of the province of Benguet. The starting point of the project road is at km in the municipality of La Trinidad, approximately 6 km north of Baguio City. It runs through seven municipalities including La Trinidad. The other municipalities are Tublay, Atok, Buguias, Kibungan, Bakun and Mankayan. The project road ends at km in the municipality of Mankayan. Currently, the carriageway width of the existing road in the project area varies between 5-6 m with shoulders of 0.5 m only on both sides. Short stretches of the road contain two-lane concrete pavement. The drainage in most sections is inadequate and PCC pavement or gravel sections are in bad conditions. Except for the 23 sections that are subject for realignment, the project runs through existing road alignment with proposed improvements to cover 11 m within the existing ROW of 20 m width. The realignment sections will require additional land with varying width, depending on the terrain and location. The impacts of the project will generally be marginal, affecting agricultural cultivation and some business activities that are within the ROW. Also, some land, mostly agricultural, will need to be acquired for the realignment of the road. The project will likewise affect several structures built along the existing road, albeit only marginally. In addition to the main structures, mostly residential, other structures affected by the proposed improvements include public facilities, boundary walls, garages, porch, shallow wells, etc. The steps taken to minimize adverse impacts include the reduction in the design width from the original 15 m down to 11 m; confining most of the proposed improvements within the existing ROW; and minimizing adverse impacts on residential and commercial businesses along the road in urbanizing areas. Moreover, civil work activities will be coordinated with PAPs to ensure that all crops within the project corridor are harvested prior to the start-up of civil works. A census and inventory of affected assets was carried out between February 9-26, 1999 which formed the basis for the preparation of this RAP in accordance with DPWH 's Resettlement Policy and in the light of the World Bank requirements. The project will affect a total of 383 households (1,874 persons), most of them only marginally. Of these, 123 households will be affected by the loss- of cultivated land. 110 of viii

12 these households stand to lose the use of land within the existing ROW. These households do not possess any title or tax declaration for the land that they occupy. 101 households will be affected by impacts on residential structures. Only 17 of these will need to be relocated. The remaining structures are either only marginally affected or will be reorganized on the adjoining land. The project will also impact another 31 households due to the loss of small shops. Only four of the affected shop will need to be relocated. 71 other PAP households will be affected by the loss other fixed assets such as boundary walls, fences, paved driveway, garage, etc. Public facilities affected by the project include a loading platform, water tanks, waiting sheds, and 2 public health clinics. The implementation of the RAP is expected to commence in December The major steps that are proposed prior to the implementation of the RAP include: a) an agreement between DPWH and the provincial government of Benguet on the application of DPWH's Resettlement Policy to govern all activities in regard to land acquisition and compensation; b) establishment of the RAP Implementation Committees (RICs); c) training of RICs and EIAPO counterpart staff at the district level; and d) public information campaign. DPWH will be overall responsible for implementation of the RAP and for providing necessary resources, manpower and budget to cover all costs related to its implementation. The RICs comprising of (i) staff of the municipality; (ii) EAIPO counterpart staff at the district levels; (iii) barangay officials; and (iv) PAPs representatives will carry out the implementation of the RAP. The implementation will be done under the guidance of the EIAPO, which will also supervise and monitor the implementation of the RAP. Also, for external monitoring of RAP implementation and post-implementation evaluation of the same, the IBRD-PMO will contract a competent external agency. The resettlement cost for is estimated at PhP 64,842,998.55, including 15% contingencies and 6.0% management cost. ix

13 National Roads Improvement and Management Program CHAPTER 1. INTRODUCTION 1.1 Description of the Project I'he is part of the Baguio-Bontoc-Banaue Road, covering an approximate length of 180 km. This road serves as the principal vehicular access from Baguio City to the highlands of Benguet and Mt. Province. The improvement of the road will greatly enhance the economic growth of the region through improved access to goods and services and tourism development. The project is classified as of strategic importance to the country's arterial road network. The project road covers a total length of km, from La Trinidad to Mt. Data (Figure 1.1) within the jurisdiction of the District Engineering Office of the province of Benguet. The startincg point of the project road is at km in the municipality of La Trinidad, approximately 6 km north of Baguio City. It runs through seven municipalities including La T'rinidad. The other municipalities are Tublay, Atok, Buguias, Kibungan, Bakun and Mankayan. The project road ends at km in the municipality of Mankayan (Figure 1.2). Currently, the carriageway width of the existing road in the project area varies between 5-6 m wvith shoulders of 0.5 m only on both sides. Short stretches of the road contain two-lane concrete pavement. The drainage in most sections is inadequate and PCC pavement or gravel sections are in bad conditions. Except for the 23 sections that are subject to realignment (Table 1.1), the project runs through existing road alignment with proposed improvements to cover I 1 m wk-ithin t.ie existing ROW of 20 m width. The realignment sections will require additional land with varying width, depending on the terrain and location. The proposed improvements of the road will be based on the following technical norms: a. - Design speed: 40 km/hr - Maximum profile: EL Cross-fall: EL Radius of curves (Rnn): HOR 50 b. - The cross-section will be: +- number of carriageways: - + pavement width: 5.00m, 6.00m, 6.10m e- shoulder width: 1.00 m On the whole alignment there are 4 bridges, at Km , to be built or rebuilt. c.. There are 3 intersections located at Km , Km , and Km All of these will be interchanges but at the first stage they are designed only as intersections. Traffic flow will, consequently, have to be managed adequately during the implementation phase to ensure traffic safety. 1

14 National Roads Improvement and Management Program FIGURE 1.1 Key Map of the Project Area 2

15 Nqational Roads Improvement and Management Program FIGURE 1.2 Straight Line Diagram Showing Municipal Boundaries 3

16 National Roads Improvement and Management Program TABLE 1.1 Schedule of Realignment No. Designation Limits j Distance in km l From - To l 01. R R265a R R R R f R R R R R R R R R R R PR R R R R R TOTAL DISTAKNCE (Kin)

17 National Roads Improvement and Management Program 1.2 Types Of Impacts The region served by the project road is an important agricultural and vegetable growing area and a popular tourist attraction. Mining is the most predominant industrial activity in the region. With improved access, the project will bring significant positive benefits to the region, enhancing,:he area's economic growth potential. 'Except for the realignment sections, the proposed improvements in the project area will be carried out within the existing 20 m ROW. Therefore, the project will not result in acquisition of any land except where realignment is proposed. However, on both sides of the existing roads and within the ROW, the land is being used for cultivation. Several PAP households will be affected by the loss of land they now use for cultivation. However, these households will be provided enough time to harvest their crops prior to the start-up of civil works to ensure that there is no loss of crops. The project will affect several structures built along the existing road, albeit marginally. In addition to the several main structures, which are mostly residential, majority of the other structures to be affected by the proposed improvement includes boundary walls, garages, porch, shallow wells etc. The project will also result in the loss of incomes and businesses of some households. The project will impact a total of 383 PAP households or 1874 individual persons. The 383 PAP households own 406 assets that are to be affected by the pro ject. Also, assets of 22 LGUs and 2 cooperatives or private corporations will be affected. 123 household will be affected due to the loss of cultivated land. Of these, only 31 PAP households either have a title or tax declaration for the land. On the other hand, 135 residential and commercial structures will be affected, of which 62 will only be marginal. Only a total of 18 residential structures and 4 shops, most of which are made of temporary materials, will need to be relocated. Of the aggregate number of affected structures, 31 are small shops while the remaining are residential houses. Moreover, other fixed assets affected include boundary walls, wells, fences, porch, loading platform, clinics, etc. L.3 Steps Tak-en to Minimize the Impacts The steps taken to minimize adverse impacts include the following: a.) reduction in the design width from the original 15 m to 11 m. Considering that the project road traverses through some urbanizing areas, the reduction in the design width will minimize the adverse impacts on a large number of permanent and semi-permanent buildings, both residential and commercial; b) during the implementation stage, the phasing of construction work will be planned to ensure that all crops planted on the affected areas are harvested prior to the start up of civil works. 5

18 National Roads Improvement and Management Program PAPs will be informed in advance of the project's implementation schedule and the civil works will be planned in consultation wvith them. 1.4 Main Objectives of the Development projects that result to the involuntary displacement of people generally give rise to severe economic, social, and environmental problems. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damages unless appropriate measures are carefully planned and carried out. Cognizant of the foregoing, the principal objectives of this RAP are to: a) provide an assessment of the impacts that the proposed road project will have on the local population; b) quantify in monetary terms the private and public assets that will have to be acquired for or impacted by the project; c) present a strategy that will ensure the timely acquisition of assets, payment of compensation and delivery of other benefits to PAPs; d) provide a plan on how the PAPs will be involved in the various stages of the project, including the implementation of this RAP, in line with DPWH's Resettlement Policy; and e) give an over-all estimate of the required resources needed to implement this RAP. 6

19 11n /C' T\TF\W-AT N42n 1 IT) 1 1/23/99

20 FIGURE 1.2 BAGUIO - BONTOC ROAD, Km Km STRAIGHT LINE DIAGRAM RE MUNICIPALITIES c3 La Trinidad Tubla Kibungan suguias Kibungan Bakun Mankayan n~~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ W1 ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ s Jw m Ud lr cl l l l la r CD o w C3 Co 0 Cii CDi CD _C D I I '-- X -I _- 1- I ~~~~~~BuguiasI

21 National Roads Improvement and Management Program : CHAPTER 2. DESCRIPTION OF IMPACTS AND SOCIO-ECONOMIC CHARACTERISTICS 2.1 Administrative Units The project road traverses seven municipalities in the province of Benguet. The distances traversed in each municipality are shown below. Table 2.1: Administrative Units in the Project NO. MUN-ICIPALITY I STATION REMARKS 01. La Trinidad Tublay L 03. Atok [ l 04. Kibungan [ & Only one side of the road l I Buguias Only one side of the road Both side of the road 06. Bakun Only one side of the road 07. Mankayan Only one side of the road 2.2 Social and Economic Characteristics of Project Affected Persons Census and inventory of affected assets covered 100% of the households. A baseline socioeconomic survey of severely affected households was also conducted. The census and the socioeconomic survey were carried out between February 9-26, The socio-economic characteristics of PAP households and the type, scale and degree of impacts on their assets are summarized in the following sections Household Size Most of the affected population is of small household sizes: 51.4 % or 197 households fall within the household size of 1-4 members; and 37.1 % or 142 households are of size between 5-7. Only 0.8% households are with more than 10 members. The household size for the remaining 41 (10.7%) households is between The distribution of households by household size groups in each municipality is presented in Table

22 National Roads Improvement and Management Program Table 2.2: Distribution of PAPs by Household Size Groups Municipality >10 Total persons persons persons HH 0 % HH % HH % HH _ HI % La Trinidad Tublay I Atok Kibungan Buguias B Bakun Mankavan Total Minority Groups The affected ethnic minority households are those living along the highway. They are not affected as a community group but as occasional households along the 85 km route where a few meters of land are required here and there. During RAP implementation, ethnic minonrty leaders will be invited to be part of the RAP Implementation Committees to ensure that resettlement activities are conducted in a marner appropriate to the PAPs and that they receive benefits from the highway improvement. The indigenous group in the municipalities of La Trinidad and Tublay are Ibaloi while those in the other project-affected municipalities are Kankanaey Household Income * Main Source of income The main sources of income for 244 (63.8%) PAP household heads are agriculture. Most of them are engaged in vegetable gardening. Only 51 (13.3%) PAP household heads are employed in government service or in the private sector. Trading and small businesses are the main occupations for 72 (18.8%) PAP household heads. Only 12 PAP household heads or 3.1 % are semi-skilled or laborers. 4 PAP household heads are either retired or unemployed. These figures show the prevalence of agriculture in the affected area. Table 2.3 shows the breakdown of main occupation of PAP household heads by municipality.

23 National Roads Improvement and Management Program Elalsema Highway Table 2.3: Main Occupation Municipalitv Farming Employment Business I Semi-Skilled, Retired or Total Trading l Labor Unemploved La Trinidad Tublay 9 S Atok l Kibungan _ 1-10 Buguias Bakun Mankayan Total (63.8%) (13.3%) (18.8%) (3.1%) (1.0%) (100%) Monthly Household Income Average monthly household incomes vary considerably over the project area. Vegetable gardening and businesses provide a very good source of income in the area. Average monthly household income of 71 PAP households (18.5%) is below PhP5, PAP households earn an average household income of between PhP5,000-PhPl0, PAP households have monthly households income of more than PhP20,000 per month. Most of these PAP households are farmers. Table 2.4: Monthly Household Income (PhP) (No. Households in Income-Groups) Municipality P < ,000 - >20,000 Total 9,999 19,999 Households La Trinidad Tublay 2 4 I Atok Kibungan Buguias Bakun Mankayan TOTAL (18.5%) (21.9%) (34.5%) (25.1%) (100%) * Secondary Source of Income For most of the affected households the secondary sources of income include trading and small business. In a few PAP households the members work as laborers. * Location of the main source of Income 9

24 National Roads Improvement and Management Program For almost all of the PAP household heads, the major source of income is their affected land holdings. Only a minority of them has their main occupation away from the barangay they live in. 2.3 Impacts of the Project A census of affected population and an inventory of affected assets were carried out in February The census and inventory covered 100% of the households affected by the project. The census and inventory provide the basis for deternining the types, degree and scale of impacts and the establishment of categories of PAPs based on the impacts. Moreover, the information will serve as basis for determining entitlements for compensation. Also, a baseline survey was conducted to collect infornation on the socio-economic characteristics of severely affected PAP households. Prior to the start-up of the census and inventory surveys, PAPs were informned of the project, its objectives, and the purpose of the census and inventory surveys in a series of public meetings. A total of 383 PAP households (1,874 individual persons) will be affected by the project, mostly marginally. Most of the PAP households are to be affected by the loss of the use of land they occupy within the existing ROW, and majority of them are farmers using the land for cultivation or vegetable gardening. Some of the PAP households use the land for non-agricultural purposes, small businesses and houses. Almost all of the PAP households are squatters. Very few of the PAP households have tax declaration certificate for the land they occupy. Major impacts of the project are surnmarized below Impacts on Land Agricultural Land A total of 123 (29.8%) PAP households are affected by the loss of agricultural land. Of the 123 PAP households, 58 (47.2%) are impacted by the loss of more than 20% of the land holding they are cultivating. The remaining 65 PAP households (52.8%) are affected by the loss of less than or equal to 20% of the land holding. All in all, the 123 PAP households will lose ha of land. The extent of impact on agricultural land by municipality is shown in Table 2.5. A total of 45 PAP households losing more than 20% of land holdings are affected severely. 35 of these are in Atok municipality, 8 in Buguias and the remaining 1 in Kibungan. Of the 123 PAP households, 92 are squatters i.e. without any title or tax declaration for the land that they occupy. The number of PAP households with tax declaration total 22. Also, 9 PAP households possess legal titles to the land to be affected by the project (1 severely affected and the remaining 8 only marginally affected). Altogether, PAP households with legal title and tax declaration will lose ha of land. 10

25 National Roads Improvement and Management Program Halsema Highw;ay Table 2.5: Extent of Impacts on Agricultural Land Municipality S 20% >20% Total HH % HH % HH La Trinidad X = - - Tublay Atok Kibungan Buguias Bakun Mankavan TOTAL 65l l 100% Residential Land There is only one PAP household in Atok municipality that has a tax declaration to the affected residential land. The affected area totals m2. The owner also has a small shop on the premises. Also, one PAP household in La Trinidad municipality has title to the affected r esidential land covering 3.00 m2. There is no household affected by the loss of residential land without structures Commercial Land rhe project will not impact any commercial or industrial land. The breakdown of the number of PAP households affected by the loss of agricultural, residential and commercial land, with or without legal title and tax declaration, by each municipality is shown in Table 2.6. The loss of residential land refers to the land occupied by PAPs within or outside the ROW with structure build upon. Table 2.6: Total Land Area Affected Agricultural Residential land (m 2 ) _Total Municipalitv land (m 2 ) Without With Total affected structures structures area (m 2 ) La Trinidad Tublav Atok Kibungan Buguias Bakun Mankayan TOTAL

26 National Roads Improvement and Management Program Impacts on Structures The number of residential structures affected by the project total 101. Of these, 44.structures are only marginally affected and the remaining parts thereof remain viable for continued use. Another 40 structures are marginally affected but the remaining structures are rendered unviable for use. However, there is sufficient land adjoining these structures for reorganization. Hence, these structures will not require relocation. Only 17 structures are severely affected and will require relocation. 11 of these structures are in Atok municipality and another 5 in Buguias municipality. The remaining structure is in Bakun municipality. All the affected structures are located within the existing ROW. Except for one PAP household in Atok municipality (see section above) and one in La Trinidad municipality, none of the other PAP households possesses title or tax declaration for the land occupied by the affected structures. Table 2.7: Area of Residential Structures Affected (m') Municipality Permanent S. Permanent Temporarv Total No. m2 No. m2 No. m2 No. m2 La Trinidad l Tublay j 4.50 Atok Kibungan Buguias J Bakun Mankayan Total Of all the affected structures, only 25 (25.0%) are permanent, covering 1,187.4 m2 of built-up area. Another 3 1 (31.2%) structures are semi-permanent and cover m2 of built-up area. The remaining 45 (44.8%) temporary structures cover m2. 18 residential structures are also partly used for commercial activities. 12

27 National Roads Improvement and Management Program Table 2.8: Breakdown of Impacts on Residential Structures Municipality No. of Structures and Area (m2) Area of Affected P SP T Total Structures (m2) Total HH with loss of Residential Structure (1187.4) (643.8) ( HH with Structures partially 14 1i affected, remaining structure (67.2) (122.6) (9S.26) viable Structures Partially Affected Remaining structure unviable (807.0) (324.2) ( (Reorganization) ) Entire Structure Affected, Relocationecessary (313.2) (197.0) (191.3) Other Miscellaneous Structures and Fixed Assets In addition to the above structures, PAPs will also be affected by the loss of other fixed assets, such as boundary walls, fences, wells, porch, garage, etc. The impact in most of the cases is marginal. A total of 191 PAP households will be affected. The distnrbution of PAPs affected by the loss of fixed assets and other miscellaneous structures is shown in Table 2.9. Also, 71 PAP hiouseholds will be entitled to additional compensation to cover the repair cost of their partially affected fixed assets and miscellaneous structures. Of these, 39 PAP households own structures that are made of permanent materials, 26 semi-permanent and the remaining 6 temporary. Table 2.9: Distribution of PAPs Affected by the Loss of Fixed Assets and Miscellaneous Structures Municipality PAPs Affected PAPs affected by PAPs affected by by the loss of the loss of Fixed the loss of Fixed Fixed Assets only Assets and Assets and (including) Residential Commercial Agricultural Structures Structures Land _ La Trinidad 39 j_1 Tublay 20 - Atok 42 6 Kibungan 3 Buguias 44 3 Bakun 13 -l Mankayan 18 - Total ] ( 2 13

28 National Roads Improvement and Management Program Loss of Crops and Trees The project will not affect any household due to the loss of trees or crops. 123 PAP households are using 23,965.8m2 of land within or outside the ROW for cultivation. These PAPs will be informed in advance of the civil works and provided with sufficient time to harvest their crops. No payment of compensation to them for loss of crops is therefore stipulated Loss of Incomes and Businesses The project will affect a total of 31 small shops, most of which are temporary in nature. Except for one, all the shops are either marginally affected or, if severely affected, there is sufficient land adjoining to the present location for reorganization. The detailed breakdown of affected shops by condition and the degree of impact is shown in Table 2.10 and Table 2.10: Number of Shops Affected and Type of Construction Municipality No. of Degree of Impact and Area (m2) Construction Type and Area (m2) Shops Marginal Severe Selere Permanent S. Permanent Temporary (Reorg.) (Relocate) No. Area No. Area No. Area La Trinidad 2 2 (10.5) L Tublay I 1 (1.5) Atok 14 4 (55.0) 7 (206.45) 3(41.0) Kibungan 3 2(2.0) 1(19.25) Buguias 7l 4(35.8) 2(43.5) T 1(56.0) [ Bakun I 1 (2.0) Mankayan 1 3j 2 (3.0) 1(24.0) I TOTAL (109.8) 11(293.2) 4 (97.0) [ Table 2.11: Breakdown of Impacts on Shops/Commercial Structures No. of Structures and Area (m2) Area of Municipality Affected Structures Total HH with loss of shops or Commercial P SP T Total [ Structure (25.5) (244.0) (230.5) HH with Structures partially affected, remaining structure viable (25.5) (46.0) (38.3)) Structures Partially Affected Remaining structure unviable (138.0) (155.2) (Reorganization) l Entire Structure Affected, l Relocation necessary l (60.0) -- (37.0) 1 l 14

29 National Roads Improvement and Management Program Loss of Electricity and Water Connections A total of 36 households will be affected by the loss of water and electric connections. Of these, 29 PAPs households will lose electric connections and another 7 water connections Impacts on Public Infrastructure Facilities The project will impact a number of public infrastructure facilities. These include waiting sheds for bus, water tanks, and public health clinic. A total of 1 1 waiting sheds, 2 water tanks, one loading platform and two public health clinics will be affected by the project. Other facilities and street fixtures affected by the project include a number of electric poles Tenants A total of 7 tenants (i.e., renting the house they occupy) will be affected by the project Temporary Impacts All of the proposed improvements in the projects will be carried out within the existing ROW, except for short sections of realigrnments. Therefore, temporary impacts of the projects during the implementation stage will be negligible. 2.4 Relocation Requirements Only a very few PAP households will be displaced from their present location. Except for a few, i:hese PAP households are using the land within the existing ROW without any title or tax declaration on the land. Only 58 farming PAP households, most of them using the land within the existing ROW, will be severely affected in terms of loss of more than 20% of the land they occupy. Also, 17 PAP households will need to relocate their residential structures. Only 4 shops (2 temporary and 2 semi-permanent) will need to be relocated. Due to the very small number of.?ap households requiring relocation, and because of their dispersed nature, no provision is made for land-for-land option, for the loss of agriculture land, or for resettlement sites to resettle 17 lpap households. Compensation to all the severely affected PAP households will be paid in cash. The summary of impacts of the project is shown in Table

30 National Roads Improvement and Management Program Land Table 2.12: Summarv of the Affected Assets Items 1 Unit PAPs Quantity 1 Remarks l (Hhold) - Residential m With title or TD - Agricultural mi PAPs with title, 22 wvith tax - Commercial m2 - declaration - Industrial m2 Structures (Residential) - Permanent m, Semi-Permanent m Temporary m Structures partially affected m Structures severely affected m (Reorganization) -Structures severely affected m (relocation required) - Other Structures (wells, Lump P6,780,000 boundary wall,etc.) sum Structures (Shops & Commercial) -Permanent m Semi-Permanent m Temporary m Structures Partially Affected m Structures entirely Affected m (Reorganization) -Structures entirely Affected m (Relocation required) Loss of Water and/or Electric No. 36 Connections Tenants No. 7 Infrastructures - Waiting Sheds No Water Tanks No. 2 - Public Health Clinic No. 2 - Loading/Unloading platform No. 1 Trees and crops - Trees Tree - Crops m PAPs without legal nrghts to land entitled to assistance for land preparation 16

31 National Road Improvement and Management Program Chapter 3. COMPENSATION RATES AND ENTITLEMENTS :3.1 Introduction This section presents the category of PAP households and their entitlements, based on the results of the census and inventory of affected assets. 3.2 Detailed Compensation Entitlements The impacts of the project will result in the acquisition of land, structures and other fixed assets, including loss of incomes and businesses. PAPs will be compensated according to the DPWH Land Acquisition Resettlement and Rehabilitation (LARR) Policy. This section outlines c ompensation entitlements for each category of PAPs. The compensation entitlements are summarized in Table Loss of Arable Land: ]'AP households will be eligible to compensation according to their status, thus: a) Legal owners of affected arable land. This category includes PAP households who have full title to the land, those who hold tax declaration, those who are covered by customary laws (e.g., possessory rights, usufruct), or those who hold some other kind of acceptable proof of ownership. PAP households in this category may or may not be within the existing ROW. * 8 PAP households with full title and 22 others with tax declaration or some other acceptable proof of ownership are marginally affected (i.e., with losses equal to or less than 20% of land holding and the remaining land is viable for continued use) and will each be entitled to the following: - Cash compensation for the acquired land equivalent to zonal value plus 10% as prescribed by AO Topping-up supplemental assistance equivalent to the difference between the zonal value plus 10% and the fair market value of the land as established by the independent land appraiser to be hired for the project. - Cash compensation for perennials of commercial value as determined by the DENR or the concerned appraisal conmmiittee. - PAP households will be given sufficient time to harvest their crops before the onset of civil works. If for some reasons this is not feasible, said PAP households will be paid cash compensation for lost crops at prevailing market value. * 1 PAP household, who holds a title over the affected land, is severely affected (i.e., with losses of more than 20% of land holding, or where the affected land is <20% of the total but 17

32 National Road Improvement and Management Program the remaining land is rendered economically not viable for continued use) and will be entitled to: - Cash compensation equivalent to zonal value plus 10% or, if feasible and at the informed request of the PAP household, land-for-land will be provided in terms of new parcel of land of equivalent productivity, at a location acceptable to the PAP household, and with security of tenure. - Topping-up supplemental assistance equivalent to the difference between the zonal value plus 10% and the fair market value of the land as established by the independent land appraiser to be hired for the project. - Subsistence allowance of PhP 15, PAP household will be given sufficient time to harvest his/her crops before the onset of civil works. If for some reasons this is not feasible, said PAP household will be paid cash compensation for lost crops at prevailing market value. - Cash compensation for lost trees and other perennials at a price to be determined by the DENR or the concerned appraisal committee. - If relocating, PAP household will be provided with free transportation. - Rehabilitation assistance (skills training and other development activities) equivalent to PhP15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the PAP household head will have to engage in a new income activity. b) Users of affected arable land without tax declaration, title, or any acceptable proof of ownership. This category includes PAP households who have occupied the land within the 11 m clearance corridor or within the realigmnent sections. * 35 PAP households will be marginally affected by the road project and will each be entitled to the following: - Sufficient time to harvest their crops before the onset of civil works. If for some reasons this is not feasible, said PAP households will be paid cash compensation for lost crops at prevailing market value. - Cash compensation for perennials of commercial value as determined by the DENR or the concerned appraisal committee. - Financial assistance to make up for land preparation in the amount of PhP150 per square meter of the affected land. * 57 PAP households are severely affected and will each be entitled to the following: - Financial assistance equivalent to the average annual gross harvest for the past 3 years but not less than PhP 15, Sufficient time to harvest their crops before the onset of civil works. If for some reasons this is not feasible, said PAP households will be paid cash compensation for lost crops at prevailing market value. - Cash compensation for lost trees and other perennials at a price to be determined by the DENR or the concerned appraisal conmittee. 18

33 National Road Improvement and Management Program ] - Financial assistance to make up for land preparation in the amount of PhP150 per square meter of the affected land. - If relocating, PAP household will be provided with free transportation. - Rehabilitation assistance (skills training and other development activities) equivalent to PhP15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the PAP household head will have to engage in a new income activity. c) There are no tenant or lessee occupants of agricultural land in the Halsema Project. d) No household will be affected by the temporary use of its arable for the road project Loss of Residential or Commercial Land This category covers PAP households who have full title to the affected residential or commercial land, those who hold tax declaration, those who are covered by customary law s (e.g., possessory tights, usufruct), or those who hold some other kind of acceptable proof of ownership. PAP households in this category may or may not be within the existing ROW. a) No household will be marginally affected by the loss of part of its residential or commercial land. b) 2 PAP households will be severely affected in this category and will each be entitled to: - Cash compensation equivalent to zonal value plus 10% or, if feasible and at the informed request of the PAP household, land-for-land will be provided in terms of new parcel of land of equivalent market value, at a location acceptable to the PAP household, and with security of tenure. The replacement land should be of acceptable size under zoning laws or a plot of equivalent value, whichever is larger, in a nearby resettlement area with adequate physical and social infrastructure. When the affected holding is larger in value than the relocation plot, cash compensation will be provided to cover the difference in value. - Topping-up supplemental assistance equivalent to the difference between the zonal value plus 10% and the fair market value of the land as established by the independent land appraiser to be hired for the project. - Cash compensation for lost trees and other perennials at a price to be determined by the DENR or the concerned appraisal committee. - If relocating, PAP household will be provided with free transportation. c) No household will be affected by the temporary use of its residential or commercial land for the road project. 19

34 National Road Improvement and Management Program Loss of Main Residential Structures This policy applies to main residential structures (e.g., houses or houses cum shop) located within the I 1 m clearance corridor or within the realignment sections, with or without a building permit. a) Partially affected main structures, i.e., structures are not completely lost but are still viable for continued use: * No PAP, whose land is covered with full title, tax declaration, customary law, or some other acceptable proof of ownership, will have his/her main residential structure partially affected. * 44 PAP households, who do not have any acceptable proof of ownership over the land they use for their main residential structures, will be partially affected and will each be entitled to: - Cash compensation in cash at replacement cost (i.e., the cost in materials and labor to build a similar structure) for the affected portion, including the cost of restoring the remaining structure, as determined by the concerned appraisal committee and without deduction for salvaged materials. - Shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to govemment relocation sites will be provided free transportation. - PAP households who have business affected due to the partial impact on the main structure will receive a subsistence allowance for the loss of income during the reconstruction period as verified and computed by the resettlement implementation committee (RIC). - Professional squatters will not receive compensation but they can collect their salvageable materials. * No residential structure that is leased to a tenant will be partially affected by the project. b) The entire main structure is affected, or when the remaining residential structure is no longer viable for continued use. This category covers PAP households who will either reorganize their structures in an adjacent or nearby lot or those who will have to relocate or shift elsewhere. * 2 PAP households, whose lands are covered with full title, tax declaration, customary law, or some other acceptable proof of ownership, will be severely affected with the loss of their entire main structures. They will have to relocate and each PAP household will be entitled to: - Cash compensation for the entire structure at replacement cost as determined by the concerned appraisal committee without deduction for salvaged materials. - Inconvenience allowance of PhPlO,OOO. - Free transportation for hauling belongings will be provided. 20

35 National Road Improvement and Management Program Hlalsema Highway - PAP households who have business affected due to the severe impact on the main structure will receive a subsistence allowance for the loss of income during the reconstruction period as verified and computed by the municipal resettlement implementation committee (RIC). Rehabilitation assistance (skills training and other development activities) equivalent to PhPl5,000 will be provided in coordination with other government agencies if the present means of livelihood (e.g., house cum shop) is no longer viable and the PAP household head will have to engage in a new income activity. * 55 PAP households, who do not have any acceptable proof of ownership over the land they use for their main residential structures, will be severely affected. 40 of them may reorganize their structures in a nearby lot while 15 will have to relocate. These 15 severely-affected PAP households wvill be provided with substitute lots of equal or bigger area as the ones they will have to give up for the project and preferably near their former place.' Moreover, each PAP household will be entitled to: - Cash compensation for the entire structure at replacement cost as determined by the concerned appraisal committee without deduction for salvaged materials. - Shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to government relocation sites will be provided free transportation. - PAP households who have business affected due to the severe impact on the main structure will receive a subsistence allowance for the loss of income during the reconstruction period as verified and computed by the municipal resettlement implementation committee (RIC). - If relocation is needed, free transportation will be provided. - Rehabilitation assistance (skills training and other development activities) equivalent to PhP 15,000 will be provided in coordination wvith other government agencies if the present means of livelihood (e.g., house cum shop) is no longer viable and the PAP household head will have to engage in a new income activity. - Professional squatters will not receive compensation but they can collect their salvageable materials. * 7 tenants, renting residential structures, will be severely affected and will thus relocate. Each PAP household will be entitled to: 3 month notice on the schedule of demolition. Transitional allowance equivalent to 1 month rent of a similar structure within the same area. If relocating, free transportation will be provided. Renting shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to government relocation sites will be provided free transportation. Rehabilitation assistance (skills training and other development activities) equivalent to PhP15,000 will be provided in coordination with other government agencies if the present Budget for this will be drawn out from the contingency funds. 21

36 ?National Road Improvement and Management Prog2ram means of livelihood (e.g., house cum shop) is no longer viable and the PAP household head will have to engage in a new income activity Loss of Independent Shops/Stores: This policy applies to stores and other commercial shops that are not attached to, or part of, the main residential structures (e.g., houses) and are located within the 11 m clearance corridor or within the realignment sections, with or without a building permit. a) Partially affected commercial main structures, i.e., they are not completely lost but are still viable for continued use: * No PAP household, who has full title, tax declaration, or other acceptable proof of ownership over the land where his/her affected main commercial structure is located, falls in this category PAP households, who do not have any acceptable proof of ownership over the land where their affected main commercial structures are located, fall in this category. These PAP households are each entitled to: - Cash compensation for the affected portion of the structure, including restoration cost as determined by the concerned appraisal committee, with no deduction for salvaged building materials. - As determined by the RIC, each PAP household will be entitled to transitional allowance to cover for their computed income loss during the demolition and reconstruction of their shops, but not to exceed a I month period. * No tenant PAP household falls in this category. b) The entire commercial main structure is affected, or when the remaining structure is no longer viable for continued use. This category covers PAP households who will either reorganize their commercial structures in an adjacent or nearby lot or those who will have to relocate or shift elsewhere. * No PAP household, who holds any acceptable proof or ownership over the land where his/her affected main cornmercial structure is located, falls in this category. * 15 PAP households, who do not have any acceptable proof of ownership over the land where their affected main commercial structures are located, fall in this category. 1 1 of them may reorganize their shops in a nearby lot, while 4 will have to relocate elsewhere. These PAP households are entitled to: - Cash compensation for the entire structure at replacement cost (i.e., the cost in materials and labor to build a similar structure) as determined by the concerned appraisal committee without depreciation for salvaged materials. - If relocating, free transportation will be provided. 22