Philippines - Metro Manila Urban Transport Integrated Project : resettlement plan (Vol. 2 of 4) : Resettlement action plan and review of resettlement activities for the Marikina Bridge/access road component

RP47 Revised Vol. 2 Metro Manila Transport Integration Project Department of Public (MMURTRIP) WVorks and Highways World Bank RESETTLEMENT ACTION PLAN AND REVIEW OF THE RESETTLEMENT ACTIVITIES FOR THE MARIKINA BRIDGE AND ACCESS ROAD COMPONENT APRIL 2001 I)cpartmieinit of Public Works and Hfighways mallailal, Philippines FILE COPY  TABLE OF CONTENTS 1.0 Introduction I 1.2 Objectives of the Resettlement Action Plan I 2. Project Impacts I 2.1 Impacts on Land 3 2.2 Impacts on Structures 3 2.3 Loss of Crops and Trees 3 2.4 Loss of Income and Business 3 2.5 Temporary Impacts 3 2.6 Relocation Requirements 3 3.0 Eligibility and Legal Framework 5 3.1 Eligibility 5 3.2 Relevant Acts and Bylaws 5 3.2.1. World Bank's Operational directive 4.30 and Operational Policy (OP4. 12) 5 3.2.2 DPWH's Resettlement Policy 5 3.3 Application of the Resettlement Poiicy to Already Affected Squatter Households and JBIC Component 5 4.0 Compensation Policy and Entitlements 6 4.1 Introduction 6 4.2 Objectives of Resettlement Policy 6 4.3 Detailed Compensation, Resettlement and Rehabilitation Entitlements (6  5 (1 Public Participation. Consultation and Gne%ance Redress Mechanism 8 5.1 Public Information 8 5.2 Participation and Consultation 8 5.3 Grievance Redressal Procedures 8 5.3.1 Grievance Redress Procedures 8 6.0 Organizational Set-up 9 7.0 R6settlement Costs and Budget 9 7.1 Procedures for Flow of Funds 10 7.2 Implementation, Administration and Contingency Costs 10 7.3 Prices for Cost Estimation 10 7.3.1 Structures 10 7.3.2 Compensation for Affected Agriculture, Residential & Commercial Land 10 8.0 Implementation Schedule 17 8. 1 Approval of the RAP 17 8.2 Conducting Public Information Campaign 1 7 8.3 Payment of compensation and other entitlements of PAPs 17 List of Tables Table 2. 1 Summary of the Affected Assets 4 Table 4.1 Entitlements Matrix 7 Table 7.1 Estimated Resettlements Cost - Marikina Bridge and Access Road I I List of Figures FTigure I ILocation Plan Figure 2 Proposed Junction and Viaduct to bc financed B3y J131C Figurc 3 & 4 Location of Resettlement Site  ANNEXES Annex A: Operational Framework for Public Participatipn and Consultation Annex B: LARR - MMURTRIP Annex C: Review of Land Acquisition and Resettlement Arrnex D: Review of Land Acquisition for JBIC Project Validated List of PAPs, Affected By C-5 Boni Serrano (LIBIS) E. Rodriquez Road Widening and Proposed Viaduct Construction Validated List of PAPs Affected By the Manrkina Bridge and Access Road Annex E: Terms of Reference Evaluation of Resettlement Implemented by Marikina City and the PAPs Affected by JBIC Component  METRO-MANILA URBAN TRANSPORT INTEGRATION PROJECT (MMURTRIP) RESETTLEMENT ACTION PLAN AND REVIEW OF THE RESETTLEMENT ACTIVITIES FOR THE MARIKINA BRIDGE AND ACCESS ROAD COMPONENT 1.0 INTRODUCTION The Republic of the Philippines proposes to undertake the Metro-Manila Urban Transport Integration Project (MMURTRIP) and has requested the World Bank in the financing. The objective of the project is to address the deteriorating urban transport situation in Metro Manila by improving integration and management of the transport system. The focus is on actions within selected areas that would enhance the use of public transport, improve the effectiveness of the committed mega- projects and offer strategic road access particularly in areas outside EDSA. The project will be developed and implemented by the Department of Public Works and Highways (DPWH). The Marikina Bridge and Access Road is one of the components of the MMURTRIP. This component of the project is expected to provide relief to traffic congestion when linked with C-5. The proposed sub-project, as shown in Figure 1, will involve the construction of wye-shaped bridge connected to Marcos Highway in Marikina City and access road connected at Sitio Olandes in Barangay Industrial Valley running straight and parallel to the Marikina River towards the section where Marikina River changes direction. The access road will be linked with the segment of the project at Barangay Libis in Quezon City that includes widening of the road; improvement of the junction with B. Serrano, C5 and E. Rodriguez Avenue; and a viaduct construction. The sub-project also includes the provision of transport facilities at the Marikina Bridge such as, bicycle parking areas, pedestrian passage, and bus and jeepney terminals (MMDA-designated Transport Hub for eastern Metro Manila). The area surrounding the access road especially close to the link road and the junction with B. Serrano and E. Rodriguez Avenues in Quezon City is highly urbanized. However, the specific location where the proposed access road and bridge shall be established is mainly within the vicinity of Marikina River banks and is currently lying vacant. The proposed bridge and part of the access road up to the point where the river changes its direction, fall within Markina City limits. The rest of the access road, link road, the proposed junction improvement, and the viaduct fall within Quezon City. The design of the junction of the link road with B. Serrano and E. Rodriguez Avenue and the proposed viaduct (Figure 2) is to be financed by JBIC. This report summarizes the impacts of the project, inventory of affected assets, compensation entitlements and estimated resettlement costs, and a detailed review of resettlement activities carried out by the Marikina City and DPWH. 1.2 Objectives of the Resettlement Action Plan Development projects that displace people involuntarily generally give rise to severe economic, social and environmental problems. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures to mitigate these impacts are put in place. This Resettlement Action Plan (RAP) provides a framework for implementation of these proposed measures. The main objectives of the RAPs are to: a. Provide a framework for implementation of the stated strategies to ensure timely acquisition of assets, payment of compensation and delivery of other benefits to project affected persons; provide a framework for policies, entitlements and implementation of the project facilitating PAPs' efforts to improve their living standards, income earning capacity and production levels or, at least restore them to pre-project levels; 1  4. A It M) X ^ \ | tap Of H C a .'t ~~~~~~~~~~~~Kilometers i < C 3 v ;> 8 > | 20 P X 0 _ / i~2/ C QUEZON CITY ~1IR( ! =. C+5geV , / 1 | ; 2, ^,,, A51st J -<2' I :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~051115 ~~~~~I) ~~~~~~~~~~~LEGEUID: Major Road Secondary R~oad Municipal Bdry BJ\arangay Bdry. PASIG jRiver-s +8 0 i S i 7 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1' > Ti L=X I t ' ' T It A I 1 L-YAo n' ' t- CW 11TIP2LtC WOPkssesmef PI-0etIC OfA Location Plan (,iJ  FIGURE 2 Proposed Junction and Viaduct to be financed By JBIC L. H~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~4 ~j ,-.':*;'st1', -<-,-X''. l'0 .-:- 1.fi *k a/:- - - , ,- - -;  b. Provide a framework for public information, consultation and participation, and grievance redress mechanism in project planning, design and implementation; c. Identify and provide an estimate of required resources for implementation of recommended strategies; and d. Provide a framework for supervision, monitoring and evaluation of resettlement implementation. This RAP is prepared according to Republic Act 8974 and DPWH Policy Framework on Land Acquisition, Resettlement and Rehabilitation (April 2001), Annex A. 2.0 PROJECT IMPACTS Most of the access road connecting the proposed bridge and the link road is partially completed and the last segment to connect it to the link road is under construction. Within the Quezon City area the land required for construction of the access road was under the military possession that was released for the project. The proposed Marikina Bridge and the widening of the link road in Barangay Libis will result in the acquisition of residential land and structures and impacts on several businesses that operate along the link road. Total number of PAPs affected due to the loss of agriculture, residential and commercial land; structures and businesses will be 42. Of these 19 PAPs would be affected by the proposed bridge and the remaining 23 PAPs by the proposed widening of the link road. Of the 19 PAPs affected by the proposed bridge, 16 would be affected by the loss of land without structures and the remaining three PAPs due to the loss of residential land with structures. Of the 23 PAPs affected by the proposed widening of the link road, 11 PAPs would be affected due to the loss of residential land with structures, 7 due to the loss of structures (without land), and the remaining 5 tenants who own businesses. In the Marikina City area the access road is constructed over govemment land. However, about 450 squatter households who were relocated under the resettlement program implemented by the Marikina City in 1998 following the Philippine laws and regulations occupied the land. Based on the 1994 census of the Marikina Settlements Office (MSO), majority of the squatter household members were employed in construction, factories and service establishments. Most of the people worked as security guards, mechanics, drivers, electricians and factory workers. The others were vendors, sari-sari storeowners, barbers, pedicab drivers and tailors as well as dressmakers. Only few are employees of business establishments or enlisted personnel in the Armed Forces of the Philippines. Only a few were unemployed. Women who stayed in their houses were engaged as "suhero," a labor contracting arrangement by shoe manufacturers in Marikina City. In March 1998, the MSO carried out the relocation of squatter families in three resettlement sites namely San Miguel, Balubad and Montalban (now Rodriguez), Rizal. The details on the compensation and allowances provided to the affected squatter families and relocation sites are provided in Annex C. The proposed improvement of the junction and viaduct will affect 14 PAPs. DPWH has already completed compensation payments to 12 of these PAPs for their affected land and structures. A compensation payment to the remaining 2 PAPs is expected to be completed soon. The details on the impacts are provided in Annex D. A summary of the impacts is presented in the following sections. 2.1 Impacts on Land 2.1.1 Agricultural Land The proposed bridge will affect only two agriculture land holdings. The total area that would be acquired is 1,608m2. Currently the land is unproductive and is not used for any purposes. 2  2.1.2 Residential Land Based on the census and inventory of affected assets, the proposed bridge will affect a total of 26 PAPs (11 PAPs Marikina City Side and 15 PAPs Quezon City Side) due to the loss of residential land. Total area affected would be 8,145.78m2. Except for three, the remaining land holdings are free of any construction and encumbrances. 2.1.3 Commercial and Industrial Land The proposed bridge will affect three land holdings: two (2) commercial lands (A=1,732m2) and one (1) industrial land (A=10,176m2). All these land holdings are currently lying vacant. 2.2 Impacts on Structures The proposed bridge will affect three PAPs due to the loss of structures with a built-up area of 139.3m2. Two of these structures are semi-permanent and the remaining one is permanent. On the other hand the proposed widening of the link road will affect a total of 23 PAPs due to the loss of structures. One PAP owns three structures. The structures are classified as single storey (4 structures), double storeys (11 structures) and triple storeys (1 structure). 3 structures are permanent concrete structures, 13 structures are of semi-permanent nature. 7 PAPs are squatters with single storey temporary structures. All the 7 PAPs -squatters would be required to transfer /settle to an alternative site. But these are not considered professional squatters. 2.3 Loss of Crops and Trees The affected agricultural lands are unused and the PAPs do not derive any incomes from the land. 2.4 Loss of Incomes and Businesses 11 households located along the link road in Barangay Libis will be affected due to the loss of businesses. Additionally, 3 PAPs will be affected by the project due to the displacement of their stalls. However, these stalls can be shifted to the adjoining road in the vicinity without any loss to their incomes. Of the 11 PAPs affected by the loss of businesses, 5 are tenants. The remaining 6 PAPs are owners of the buildings. With the project their sources of incomes will be severely affected. 2.5 Temporary Impacts The proposed civil works including the widening of the link road and construction of the bridge will have some temporary impacts on the adjoining areas. However, these impacts are not expected to be severe and would only be for a short duration. 2.6 Relocation Requirements Based on the technical project design and the inventory of affected assets collected by the Urban Road Project Office (URPO) of DPWH, all the 23 households who are currently located along the link road would need to be transferred/settled. These PAPs are affected by the loss of land, structures and businesses. Additionally, 3 PAPs affected due to the loss of residential land and structures by the proposed bridge approach will need to be relocated. The summary of impacts of the project is shown in Table 2.1. 3  Table 2.1: Summary of the Affected Assets Land - Residential m2 26 8,145.78 - - Agricultural mn 2 1,608.00 - - Commercial m2 2 1,732.00 - - Industrial m2 1 10,176.00 - Structures (Residential/Commercial) - Temporary m2 7 258.00 - - Semi-Permanent m2 15 1,256.73 Including 2 structures affected by the bridge - Permanent m2 4 1,210.60 Including one structure affected by the bridge - Other Structures Lump- sum - - (wells, boundary wall, etc.) Loss of Business No. 11 Including 5 Tenants Tenants No. 5 Affected by the Loss of business 4  3.0 ELIGIBILITY AND LEGAL FRAMEWORK 3.1 Eligibility Project affected persons (PAPs) includes any persons or person who at the cut-off date of the project were located within the project area or any of its component or sub-project or part thereof, would have their: (i) Standard of living adversely affected; (ii) Right, title or interest in any house, land (including residential, commercial, agricultural and grazing land) or any other movable or fixed assets acquired or possessed, in full or in part, temporarily or permanently; or (iii) Business, occupation, place of work or residence or habitat adversely affected. PAPs means Project Affected Family, and consists of all members of a household residing under one roof and operating as a single economic unit, who are adversely affected by the Project, or any of its components. For resettlement purposes, project affected persons will be considered as members of the Project Affected Families (PAFs). 3.2 Relevant Acts and Bylaws 3.2.1 World Bank's Operational Directive 4.30 The basic guiding principle of the World Bank's Operational Directives OD 4.30 is that the adverse impacts in a project are avoided or minimized, and the resettlement measures are conceived and executed as development programs and affected persons are given opportunity to share project benefits. The objective is to assist displaced persons in their efforts to improve their former production levels, income eaming capacity, and living standards, or at least, to restore their income-earning capacity and living standards to the level they are likely to have had without the project. OD 4.30 further stipulates that customary and formal rights are recognized equally in providing assistance and in devising criteria for entitlements and procedures for compensation and other resettlement assistance. The policy further states that the absence of legal title to land cannot be considered an obstacle to compensation and rehabilitation privileges. All persons affected by the project, especially the squatters, poorer, landless and semi-landless households should be included in the compensation, resettlement and rehabilitation package. In accordance with the Bank's OD 4.30 and OP 4.12, compensation for lost assets must be made on the basis of replacement cost. 3.2.2 DPWH's Resettlement Policy To fill the gaps that exist between the existing Acts and Bylaws and the Bank's OD 4.30, PWH has formulated a policy that provides a comprehensive framework goveming all activities related to acquisition of all types of assets, compensation and resettlement. The Land Acquisition, Resettlement and Rehabilitation Policy (Resettlement Policy) finalized in May 2001 and endorsed by the DPWH management, supplements the provisions of RA 8974 and other Acts and Bylaws that govem land acquisition, compensation and resettlement activities under MMURTRIP. The "Resettlement Policy" is attached to the RAP Annex B. 3.3 Application of the Resettlement Policy to Already Affected Squatter Households and JBIC Component Marikina City relocated about 450 squatter households in 1998 following the prevalent acts and laws goveming resettlement well before DPWH formulated its policy on Land Acquisition, Resettlement and Rehabilitation. Since the access road is an integral part of the Marikina Bridge component of MMURTRIP, World Bank's OD 4.30 would also be applicable to the squatter households affected by the access road. Similarly acquisition of private assets for the road junction at 5  B. Serrano and E. Rodriguez Avenue and the proposed viaduct was partially completed in the past. Although these components are to be funded by JBIC, these form an integral part of the Marikina Bridge and Access road project and are essential to achieve the objectives of the MMURTRIP. As such, World Bank's OD 4.30 and DPWH's Resettlement Policy would also apply to these components. It is not possible to apply certain procedures retroactively. A retrofit will necessarily involve a good faith effort to determine compliance. A detailed review of the impacts and resettlement activities for the squatter households affected by the access road and the households affected by the acquisition of private assets for the component to be funded by JBIC is presented in Annex B and C respectively. There is a need to evaluate the socio-economic status of the squatter households relocated by Marikina City and the households affected by the JBIC component of the project to check whether or not these affected households have been able to achieve the objectives of the resettlement policy and restore their incomes to at least their pre-project levels. Additional assistance will be provided to the PAPs in case the evaluation determines the need. A TOR for evaluation is provided in Annex E. 4.0 COMPENSATION POLICY AND ENTITLEMENTS 4.1 Introduction The objectives and principles of resettlement are based on the World Bank's OD 4.30 and DPWH Resettlement Policy. DPWH's Resettlement Policy and OD 4.30 are adopted for preparation of the Resettlement Action Plan for the Marikina Bridge and Access road component of MMURTRIP. Based on the results of the census and infornation collected on affected assets, this section presents the category of PAPs and their entitlements. 4.2 Objectives of Resettlement Policy The following objectives govern the resettlement policy for this project: 1. All attempts would be made to avoid, or minimize adverse social impacts in the project; 2. Where adverse impacts cannot be avoided, resettlement activities would be conceived and executed as development programs and the displaced persons would be provided opportunity to share the project benefits. 3. Displaced persons will be assisted in their efforts to improve their livelihood and standards of living, or at least to restore them to the pre-project level. In particular, displaced persons that are below the poverty line and other vulnerable groups will be assisted in their efforts to improve their standard of living to levels at least above the poverty line. 4. Effective public participation of and consultation with all the key stakeholders in general, and with project affected persons in particular, will be ensured at every stage of the project planning, design and implementation; 4.3 Detailed Compensation, Resettlement and Rehabilitation Entitlements The impacts of the project will result in the acquisition of land and structures and in the loss of incomes and businesses. Table 4.1 gives a summary of the compensation and rehabilitation entitlements due to the PAPs in accordance with the provisions of the DPWH Resettlement Policy. 6  Table 4.1: Entitlement Matrix No. TYPE OF APPLICATION DEFINITION OF COMPENSATION POLICY LOSS ENTITLED PERSON Agriculture 1.1 More than 20% of PAPs with 'tax PAPs will be entitled to*: Land total land holding declaration' - Cash compensation for crops and trees produce at market (2 PAPs) lost, or where (Tax declarations are price; and <20% lost but the legalizable to full title) remaining land - (a) Full title to land of equal productivity acceptable to becomes (2 PAPs) PAPs, in the same or surrounding barangay; OR economically (b) Cash compensation for lost land at 100% replacement cost unviable. at the informed request of PAPs; and - Rehabilitation assistance in the form of skills training equivalent to the amount of up to PHPI5, 000.00 if the (2 PAPs) present means of livelihood is no longer viable and the PAP will have to engage in new income activity; and - Disturbance assistance of up to PhPI 5, 000.00 2 Loss of 2.1 Loss of residential Legal users of affected PAPs will be entitled to: residential or commercial land land with full title or with and/or (without structures built tax declaration on the - Cash compensation for affected land at 100% of replacement commercial therein). occupied land cost. land (14 PAPs) (14 PAPs) (29 PAPs) 2.2 Loss of residential PAPs with full title or tax PAPs will be entitled to the following: or commercial land declaration to the affected (with structures) w/o land Cash compensation for the entire land holding at 100% of sufficient remaining replacement cost. land. PAPs will be (15 PAPs) required to relocate (15 PAPs) 3. Structures 3.1 Entire loss of a) Legal owner of the PAPs will be entitled to the following: structures or where the structure and with full title - Cash compensation for entire structure at 100% of (26 PAPs) remaining structure is to the land or tax replacement cost; and rendered unviable for declaration for the land - Disturbance Assistance of up to PHP1O, 000.00; and continued use. No land they occupy Transport Allowance (at cost) available to reorganize. - Rehabilitation assistance in the form of skills training (Structure built with or (19 PAPs) equivalent to the amount of up to PHPI5, 000.00 if the present without permit) means of livelihood is no longer viable and the PAP will have to engage in new income activity; and (26 PAPs) PAPs who have business affected due to partial impact on structures will be entitled to a subsistence allowance to provide for the loss of income during the transition period but not to exceed a period of one month. b) Legal owner of affected PAPs will be entitled to the following: structure without title or - Cash compensation for entire structure at 100%o of tax declaration for the land replacement cost; and they occupy - Transport Allowance (at cost) (squatter) PAPs who have business affected due to partial impact on structures will be entitled to a subsistence allowance to provide (7 PAPs) for the loss of income during the transition period but not to exceed a period of one month. c) Tenants of affected PAPs, if displaced, will be entitled to the following: structure. ** - 3 month notice on demolition (5 PAPs) - Transport allowance (at cost) 4. Loss of Loss of business due to Households who lose The PAP would be entitled to the following: Business / the project business, sources of - Subsistence Allowance of up to P 15,000; Income income and employment - Transport Allowance (at cost) (11 PAPs) (11 PAPs) - Income rehabilitation assistance of P 15,000 - PAPs who have business affected due to partial impact on structures will be entitled to a subsistence allowance to provide for the loss of income during the transition period ______ ___________ ____________________ ______________________ but not to exceed a period of one month. * The affected land is unused and the PAPs do not derive any incomes from the land. Therefore, the PAPs would only be entitled to compensation for affected land at replacement cost. 7  5. PUBLIC PARTICIPATION, CONSULTATION AND GRIEVANCE REDRESS MECHANISM 5.1 Public Information DPWH, through the concerned municipalities, regularly provided information on the Project and the resettlement process to the PAPs prior to and during the RAP preparation. Squatter households affected by the access road and those relocated to resettlement sites by Marikina City were fully consulted prior to and during the resettlement operations. As part of the requirements of the DENR, an Initial Environmental Examination (IEE) was conducted for the project. During this activity, the team dispatched by DPWH coordinated closely with local municipal and barangay officials. Following the decision of DPWH to include the Marikina Bridge and access road component in MMURTRIP, inventory of affected assets was completed in August and September 2000. These activities were again closely coordinated with local municipal and barangay authorities who were briefed on the project and on the RAP that was being conducted by the Department for the PAPs. 5.2 Participation and Consultation Participation is a process through which stakeholders influence and share control over development initiatives and the decisions and resources that affect them. The decision to participate is not the end of the participatory process; it is the start of the whole participatory process in the project cycle. In its Operational Directive No. 4.30 (Para. 3c), the World Bank states that "Community participation in planning and implementing resettlement should be encouraged." Paragraph 8 of the same OD provides that the "...involvement of involuntary resettlers and hosts in planning prior to the move is critical ...(and) the affected hosts and resettlers need to be systematically informed and consulted during preparation of the resettlement plan about their options and rights. They should also be able to choose from a number of acceptable resettlement alternatives." The Bank believes that "Successful resettlement requires a timely transfer of responsibility from settlement agencies to the settlers themselves..." (Para. 10). In view of the foregoing, DPWH's Resettlement Policy incorporates an operational framework on Public Participation and Consultation (see Annex A). The framework requires project personnel to ensure that local authorities and representatives of PAPs are included in the implementation and decision making process. To achieve this, appropriate bodies and procedures are spelled out in the said framework. 5.3 Grievance Redressal Procedures In order to ensure that people's grievances and complaints on any aspect of land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner and that all possible avenues are available to the PAPs to air their grievances, a well defined grievance redress mechanism is provided in DPWH's Resettlement Policy. It is essential that the PAPs are aware of these procedures. The grievance redress mechanism and the appeals procedures should be explained to the PAPs in the public meetings that will be organized during RAP implementation. 5.3.1 Grievance Redress Procedures A three-stage procedure for redressal of grievances is proposed. This includes: a. Stage 1: Complaints of the PAPs on any aspect of the resettlement program, or unaddressed losses shall in the first instance be lodged verbally or in written form to the Barangay Officials or to DPWH (URPO) staff. The complaint can be discussed in an informal meeting with the PAP by URPO staff. The URPO staff will be responsible in resolving the issue within 15 days from the day it is received. 8  b. Stage 2: If no understanding or amicable solution is reached or if the complainant PAP does not receive any response from URPO within 15 days of registry of complaint, he/she can appeal to the respective municipal authorities or the mayor. The complainant PAP will be invited to produce documents to support his/her claim. The local government authorities will be responsible in addressing the complaint within 20 days from the day of its filing. c. Stage 3: If the PAP is not satisfied with the decision of the local govemment or the mayor, or in the absence of any response from the municipal authorities/mayor, he/she, as a last resort, can submit the case to the proper Courts of Law. The complaints of the PAPs can be lodged verbally or in written form but in case it is lodged verbally, URPO staff will write it down in the first instance of its meeting with the PAPs. All records of the meetings and complaints lodged before the URPO will be documented. PAPs who will present their case to URPO, municipality or the court of law will be exonerated from paying any fee. In addition, PAPs lodging complaints and appeals before the Courts will be provided with free legal representation. 6. ORGANIZATIONAL SET-UP The Urban road Project Office of the DPWH, in coordination with local govemrnment offices of Marikina City and Quezon City, would be overall responsible for implementation of the RAP. The provisions and policies of this RAP will serve as the legal basis for implementing the project. The Action Office on Resettlement and Squatter Families (AORSF) and the Environment Impact Assessment Project Office (EIAPO) of DPWH will assist the URPO in providing technical guidance and support in the implementation of the RAP. URPO, with assistance from EIAPO, would be responsible for the following specific resettlement activities: - guiding the local govemment in the implementation of resettlement activities in accordance with the Resettlement Policy provisions as specified in the RAP; - amending or complementing the RAP in coordination with concemed govemment agencies in case problems are identified during the monitoring of RAP implementation; - guiding and supervising the local government agencies to carry out the verification of inventory, finalization of entitlements, and assessment of final compensation; - submit compensation / assistance costs for approval by DPWH and allocation of needed resources; - informing PAPs of their entitlements in coordination with municipal authorities; - supervising the compensation payment process and the implementation of the RAP in all the affected municipalities; - ensuring the availability of funds and proper accounting of expenses; - preparing periodic supervision and monitoring reports on RAP implementation for submission to DPWH management and the Bank. Successful implementation of the RAP will require close coordination between DPWH, other government agencies, provincial and municipal authorities. 7. RESETTLEMENT COSTS AND BUDGET Funds for RAP implementation will be part of the Project budget. All costs for resettlement would be covered out of the counterpart funds provided by DPWH. 9  Estimated resettlement costs are based on the prevailing rates as of November 2000. The implementation of the RAP is currently underway and compensation to several PAPs has already been paid. The market rates used for assessment of compensation will remain valid during the implementation period. However, in case of unforeseen delays beyond 6 months, the rates for structures and other fixed assets will be reviewed and adjusted as needed. 7.1 Procedures for Flow of Funds DPWH will be responsible in providing the needed funds for land acquisition and resettlement. DPWH Central Office, through URPO, will disburse said funds. Disbursement of funds for the RAP, including payment to PAPs, will be made by URPO, in close coordination with the AORSF and EIAPO. 7.2 Implementation, Administration and Contingency Costs Implementation costs include costs of payment of allowances and per diem to URPO, AORSF and EIAPO staff, participating Marikina and Quezon City officials participating in RAP implementation and barangay officials. Administration costs represent 5.0% of the total resettlement costs. DPWH will ensure that adequate funds are made available as and when necessary for efficient and timely implementation of the resettlement activities. 7.3 Unit Prices for Cost Estimation 7.3.1 Structures Compensation for loss of structures will be at replacement cost without depreciation and deductions for salvageable material, and will be in the form of cash compensation. Current market rates for temporary, semi-permanent and permanent structures are determined at Peso 4000, 5000 and 7000/m2 respectively. 7.3.2 Compensation for Affected Agriculture, Residential and Commercial Land "Resettlement Policy requires that compensation is paid at the replacement cost of all asset lost.. The valuation of the asset at its replacement cost will be determined be an accredited or licensed independent appraiser applying intemationally recognized valuation standards following the definition of replacement cost in par. 2j of the Resettlement Policy". 7.3.2.1 Compensation for Agriculture Land Current market value for affected agriculture land holdings are determined based on the rate of Peso 4000/m2. The compensation is therefore, assessed at the same rate. 7.2.3.2 Compensation for Affected Residential, Commercial and Industrial Land Based on the information collected from the City Assessors Office in Marikina City, the current market rates for affected residential, commercial and industrial land are Peso 4,500, 4,800, and 5,000/m2. The compensation for the affected land is estimated accordingly. For the affected residential land in Quezon City area, the zonal values are P 8,000/m2 while the current market rates vary between 15-18,000P/m2. For purposes of resettlement costs, compensation is assessed based P 18,000/m2. 10  Table 7.1: Estimated Resettlement Cost - Marikina Bridge and Access Road DESCRIPTION No. of RATE AMOUNT PAPs UNIT RAT QUANTITY (P) RENMARKS Compensation for Land and Structures A. Marikina City Side Land (Bridge & Loon) - Agricultural 2 m2 4,000 1,608.00 6,432,000.00 - Residential II m2 4,500 7,157.78 32,210,000.00 - Commercial 2 m2 4,800 1,732.00 8,313,600.00 - Industrial I ml 5,000 10,176.00 50,880,000.00 Structures (Residential and Commercial) - Semi-Permanent 2 mr 3,454.58 124.20 429,059.00 - Permanent I mz 11,589.40 15.10 175,000.00 Sub-Total 98,439,659.00 Compensation for Land and Structures B. Ouezon City Side Land - Agricultural - - Residential 15 m2 18,000.00 988.00 17,784,000.00 - Commercial - 4,800.00 - Industrial - 5,000.00 Structures (Residential and Commercial) - Semi-Permanent 13 ml 5,000 1,132.53 5,662,650.00 - Temporary 7 m2 4,000 258.00 1,032,000.00 - Permanent 3 m2 5,000 1,195.50 5,977,500.00 Sub-Total - = . 30,456,1SQ0O Disturbance Allowance 19 Hh 10,000 190,000.00 (Structure Owners on titled lot) Disturbance Allowance 11 Hh 15,000 165,000.00 (11 PAPs affected by loss of businesses)_ Rehabilitation AssisEance NA Hh Material Transport Allowance to 26 Hh 5,000 Relocating PAPs at cost 130,000.00 Sub-Total 485,000.00 Evaluation of Resettlement Lump- 500,000.00 Implemented by Marikina City sum TOTAL 129,880,809.00 Management cost 5% 6,494,040.45 Contingencies 3% 3,896,424.27 GRAND TOTAL 140,271,271.72 Say 141,000,000.00 11  8. IMPLEMENTATION SCHEDULE 8.1 Approval of the RAP The RAP will be presented to the World Bank for approval by end January 2001. Approval of the RAP by the Government of the Philippines will be sought prior to the negotiation of the Project. Once approved, the RAP will become legally enforceable. Urban Road Project Office of the DPWH, with assistance from AORSF and EIAPO will be responsible for implementation of the RAP and for supervision and monitoring. 8.2 Conducting Public Information Campaign URPO, with assistance from EIAPO, municipal and barangay authorities, has already made arrangements for public meetings in affected barangays. URPO has also developed a public information campaign to disseminate information about the Project to the PAPs and the general public in the Project area. Public information campaign and consultation will continue until all the PAPs are paid their full compensation and all the RAP implementation activities are completed. 8.3 Payment of Compensation and other Entitlement of PAPs URPO with the assistance of AORSF has already completed validation of inventory of affected assets and updating of compensation rates. URPO expects to complete all the RAP implementation activities by the end of September 2001. A Compensation Entitlement Form for each PAP will be completed and signed by the PAPs to indicate that their concurrence with the estimates of the affected assets, entitlements and compensation amounts. A copy of the signed copy of the form will be given to the PAPs for their own reference. Any disagreement on the inventory details or compensation rates will be recorded and attended to in accordance with the established grievance redress procedures. URPO, with assistance from AORSF and EIAPO, will also reconfirm the PAPs' options for the types of rehabilitation assistance measures. 12  ANNNEX A OPERATIONAL FRAMEWORK FOR PUBLIC PARTICIPATION AND CONSULTATION Departmcict of Public Works and Highways Manila, Philippiuics April 2001  DPWH Operational Framrework for Public Participation and Consultation INTRODUCTION TO THE FRAMEWORK Based on the Project Concept's definition of participation, an operational framework has been written to guide the project implementors on how the participatory process should be undertaken throughout the project cycle, from project preparation to implementation, up to operation and maintenance. The framework is written in a way that describes a step-by-step progression of activities, identifying: When and where participation is required * Who should be participating * How they should participate, and * What results are expected of their participation. The suggested processes in this framework are based on the project process cycle used in the operations of DPWH. It is understood that lessons will be learned during actual use of this framevork, particularly the weaknesses of the participatory processes. Such lessons will ultimately lead to an improved implementation of succeeding projects.  DPWH Operational Framework for Public Participation and Consultation 1. INTRODUCTION A. Rationale for Community Participation Participation is a process, through which stakeholders influence and share control over development initiatives and the decisions and resources, which affect them. The decision to participate is the start of the whole participatory process in the project cycle. In line with its continuing efforts to upgrade its operations and services. DPWH has recently fonnulated a new policy framework on land acquisition, compensation and resettlement, herein after called "Resettlement Policy". Said framework aims to provide clear guidance and direction to the personnel of the Department in planning, design and implementation of the projects DPWH undertakes. Specifically, the resettlement policy underscores the importance of getting PAPs informed about the project and, more importantly, getting their actual and active involvement in the planning and implementation. B. Consultation and Participation as a Structured Process Participation is an active and continuous process of interaction among the key stakeholders, including the communities directly affected (whether positively or adversely), national agencies such as DPWH, DENR, the Project Consultant, civil society and international donor agencies. Participation as a generic term usually encompasses two distinct dimensions: information exchange (i.e., dissemination and consultation) and varying forms of joint decision-making (i.e., collaboration or participation): Dissemination refers to the transfer of information from project officials to the affected population. Providing early and accurate information to PAPs allays fears, dispels misconceptions and builds trust. thus providing the foundation for collaboration between PAP and project authorities. Information dissemination takes place in all stages of the project cycle, implying a continuous feedback process through which the communities learn about potential activities in the area, and the project team learns about community dynamics. Consultation refers to joint discussion between project officials and the affected population. serving as the conduit for the transfer of informnation from the latter to the former. Systematic consultation also implies sharing of ideas. Discussions help in better understanding of issues and in integrating "popular wisdom" with teclmical know-how. Through collaboration and participation arc oftenl used interclhanigeably, collaboration refers morc narrowly to mechianiism for joint decision-miiakinig (c.g., communlitics, and tribunals), whcrcas participationl includcs miorc broadly thc transfer of dccision-miiakinig powcr to thosc affectcd (c.g., providing optionls). Participation, in this scnsc, represents a stcp by which PAIs assunmc responsibility over tlheir livcs. "lResponsibility" is thc cncd-objcctivc of thie participatory process. TIhis is wlhere thie project team and the commllunities make a commitment to work for the project. C. The Importance of Consultation and Participation in Rcsettleniciit  0 DPWH Operational Framework for Public Participation and Consultation Experience shows that mechanistic or paternalistic plans may at times be appropriate in protecting people from immediate impoverishment. However, such plans are not likely to be appropriate in accelerating the dynamic transition to renewed productivity and restores living standards. Participation is important because the success of resettlement depends to a great extent on the responsiveness of those affected for the following reasons: * Participation of affected persons is essential in understanding their priorities and needs and formulating resettlement options that balance their needs and capabilities. and in capitalizing upon existing human resources including the modes of social organization. * Participation helps to identify the wide river variety of impacts that acquisition of assets and displacement may generate in a project, and the people likely to be vulnerable to these impacts. * Participation helps to verify empirical facts and to make delivery of entitlements and services more transparent. * Participation is essential in reaching consensus on issues not subject to technical solutions e.g., negotiated valuation standards in the absence of markets, acceptability of substitute sites or other assets, bases for social integration of those displaced into host communities, and legitimization of the project itself. * Active participation by PAPs, (i.e., project-affected persons) in decisions affecting their lives helps to diminish risk aversion and perception of acute vulnerability, thereby Ireducing dependency or mal-adaptation to new surroundings. * Participation engenders commitment or ownership, increasing the likelihood that resettlement resources and programs will operate satisfactorily and sustainably. D. Limitations of Consultation and Public Participation This framework provides operational guidance for realizing the potential of participatory processes in resettlement planning and implementation. However, it also identifies some of the limitations of participation, and confronts some issues likely to accompany participatory approaches in resettlement. These are summarized as follows: c Ilarticip.atory proccss can be tinmc -intenlsive, extensive, and logistically cumbersome. * DIuc to inhcrcnt qualitativc nature of participation, tllcrc is a necd to cnsure that the participation is not ritualistic and is carricd out in rigllt carncst. * ParticIpationL ultimiately involvcs decision-ma.lkilnig ancd responisibilit) for decisions. lloNsc%cr- the project processes mazy be affected if the PANs fail to participatc according to plans. * Participaition is frequently constrained by issues of representationi. It is difficult to establisih who can legitimately represent otlhers. There is always a risk in a project of  0 DPWN'H Operational Framework for Public Participation and Consultation people with vested interests claiming to be representing the PAPs. In many instances. these "representatives" may not actually have any stake in the project. Any attempt by civil society to promote collaborative decision-making in a project may be seen as political interference by project authorities, sometime s tugging against such attempts to spur greater ownership or commitment to projects. Despite these limitatioOns, however, experience suggests that participatory approaches are vital to the success of resettlement. However, it is essential to take note of the following: