Resettlement Policy Framework

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Resettlement Policy Framework
Principles and Objectives
The MRIC shall have the following functions:
Government projects must serve the public well. In the design and implementation of such projects, all efforts will be executed to help ensure
that PAPs are not worse off. Moreover, the Project should provide an
opportunity for the local population to derive benefits from it.
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Establishment of Resettlement Corridor of Impact (RCol)
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The RCOI will be established based on the width required to construct the
proposed roadway and to provide additional clear zone adjacent to the
existing road where possible with the goal to improve road safety. The
width required for construction may be minimized by maintaining the
existing alignment, wherever possible, and by using minimum pavement
and shoulder widths where deemed appropriate in the design phase. The
clear zone will be evaluated based on traffic volumes, design speed and
area type. The RCOI will consist of 6.1 – 6.7 meters carriage way width
plus shoulder, drainage and additional area on each side of the road for
safety improvements, as shown in the diagram.
Validate the list of PAPs and the affected assets within the municipality
Assist in the conduct of public information and consultations
Assist in the delivery of compensation and entitlement to PAPs
Receive complaints and grievances of PAPs and other stakeholders and act on them
as provided in this policy framework
Maintain record of all public meetings, grievances and action taken
In coordination with concerned government agencies, assist in the enforcement of
laws/ ordinances regarding encroachment into the project RCOI
Where should complaints be lodged, if necessary?
Resettlement
Policy
Framework
PACKAGE A
Contact Persons:
PACKAGE B
Eligibility and Cut-off Date
Only those PAPs found residing in, doing business or cultivating land or having
rights over resources within the RCOI as of the cut-off date 12 July 2011 will be
compensated of lost assets subject to eligibility criteria.
Engr. Rolando M. Asis, Regional Director
Candahug, Palo Leyte
(053) 323-1004
email: [email protected]
Engr. Teresita V. Bauzon, Officer In-Charge, MCC-PMO
DPWH, 2nd St, Port Area, Manila
(02) 304-3669
Email: [email protected]
Engr. Pacita C. Gaban, District Engineer
Eeatern Samar DEO, Borongan, E. Samar
(055) 560-9423
Municipal Resettlement Implementation Committee (MRIC)
MRIC will be established with the participation of PAPs in the implementation of RAP. The
composition shall be the following:
Municipal Mayor or representative
District Engineering Office or Representative
Barangay Chairman of each affected barangay
Two (representatives of PAPs (one male & one female) in each affected barangay
Representatives of NGOs operating within the municipality
Engr. Nestor L. Pagasartonga, OIC-DE, Samar 2nd DEO
Brgy. Guindapunan, Catbalogan, W. Samar
(055) 251-6046
Engr. Reynaldo Galapon, MCC-Regional Coordinator
DPWH-Regional Office
Candahug, Palo Leyte
(053) 323-1061/323-1025
email: [email protected]
Dir. CristeZ. Navida, DPWH Environmental and social Services Office
(02) 304-3525
TElefax (02) 3043415
email: [email protected]
Secondary National Roads
Development Project
Wright—Taft—Borongan—
Guiuan Road
WRIGHT-TAFT-BORONGAN-GUIUAN ROAD PROJECT
Introduction
Recognizing the need to rehabilitate the Wright-Taft-Borongan-Guiuan Road in Western and Eastern Samar, the Government of the Philippines included the road in its list
of projects to be financed by a grant from the U.S. Government’s Millennium Challenge Corporation (MCC). The Millennium Challenge Account-Philippines (MCA-P) is
the Accountable Entity of the grant. The Department of Public Works and Highways
(DWPH), as the Implementing Entity, expects project construction to start in 2012 and
to be completed by 2016.
Entitlement Matrix
Type of
Impact
Land
(Classified Agricultural / Residential /
Commercial
/
Industrial / Institutional)
Application
Severely Affected:
More than 20% of the total
landholding is lost or where less
than 20% lost but the remaining
land holding becomes economically unviable.
Entitled Person
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Project Description
The road begins at the junction of Pan Philippine Highway and Buray (Wright) in Western Samar and passes along mountainous terrain to Taft. From Taft, it continues
southward along the coastline of Eastern Samar ending in Guiuan. The total length of
the road is approximately 222 kilometers.
The project involves the construction/rehabilitation of existing roads and bridges that
includes widening, drainage installation and other road safety improvements. The
project recognizes DPWH standard right-of-way limit. However, in an attempt to minimize disruption to the inhabitants and users along the road, the right-of-way shall be
limited to the construction limits, which is estimated at this time to have a width
spanning the existing road width plus approximately 2-3 meters on each side of the
existing pavement. Prior to the start of construction, the required right-of-way limit
will be established to determine the actual land and improvements that will be affected. Project-Affected Parties (PAPs) will be duly notified and will have access to compensation in accordance with applicable laws and eligibility criteria.
Holders of Certificate of Land
Ownership Award (CLOA)
granted under Comprehensive Agrarian Reform Act
PAPs will be entitled to:
 Cash compensation at 100% replacement cost. Replacement cost will be determined at current market value.
 If feasible, land for land will be provided in terms of a new parcel of land of equivalent productivity in a nearby
resettlement area with adequate physical and social infrastructure;
 Land tax for the first quarter in the host area, but PAPs will be liable for land taxation in arrears payable on their old
property (this will be subtracted from the compensation prior to payment);
 Cash compensation, pro – rata to the affected area, for damaged crops and cost of production at market value at the
time of taking;
 Rehabilitation assistance per family in the form of skills training, if the present means of livelihood is no longer viable
and the affected family will have to engage in a new income activity;
 Disturbance Compensation, pro – rata to the affected area – if agricultural land is severely affected the lessees are
entitled to disturbance compensation equivalent to 5 times average of gross harvest for the past 3 years, but not less
than Php 15, 000.00;
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Structures
(Residential, Commercial or Industrial /
Institutional
Resettlement Policy Framework
The Resettlement Policy Framework (RPF) for the Project details the principles that
guide the resettlement planning and implementation operations for the entire roadway project. The RPF was developed consistent with World Bank Policy OP 4.12 and
International Finance Corporation Performance Standard 5, not contravening the laws
of the Philippines.
PAPs with Transfer Certificate of Title (TCT) or Tax
Declaration (if Tax Declaration can be legalized to full
title) or who are covered by
customary law
Entitlements
Crops, Trees, Perennials
Severely Affected: More than
20% of the total structure is lost
or where less than 20% lost but
the remaining structure is no
longer functional as intended or
no longer viable for continued
use.
Marginally Affected: Less than
20% of the total landholding lost
or where the remaining structure
can still function and is viable for
continued use.
Informal settlers and renters:
being relocated
Crops, Trees, Perennials
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PAPs without TCT
Holders of free or homestead
patents and CLOA under CA
141, or the Public Lands Act
PAPs with or without TCT or
Tax Declaration
PAPs with or without TCT or
Tax Declaration
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Owners / users of the resources
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Lack of economic
opportunities
Unemployed women / wives
Women of PAPs
Graves
Grave sites within the alignment
Vulnerable
Severely or marginally affected
Cost to relocate remains with
associated cultural observance
and family permission will be
observed
Poor, women, female – headed
households, elderly, disabled
Other Improvements
Severely or marginally affected
PAPs with or without TCT, tax
declaration, etc.
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No compensation for land
Compensated for land improvements only
Cash compensation, pro – rata to the affected area for damaged crops at market value at the time of taking
Agricultural lessors are entitled to disturbance compensation equivalent to 5 times the average of the gross harvest,
pro – rata to the affected area, for the past 5 years but not less than Php 15, 000.00
Cash compensation for entire structure at 100% of replacement cost
Option will be given, if available, for replacement of structure of equal value to that taken
Rental subsidy for the time between the submission of complete documents and release of payment on land
Cash compensation for the affected portion of the structure at 100% of replacement cost
Transitional assistance in the form of 3 months rentals subsidy and assistance to find new residence to rent, will be
provided
Cash compensation at current market value as prescribed by the concerned LGUs and DENR
Based on the Annual Gross Harvest for principal crops, pro – rata to the affected area; compensation for secondary
crops based on the average annual gross harvest for last 3 preceding crop years; in no case shall compensation be
less than Php 15, 000.00;
Compensation for perennials for commercial value – as determined by DENR or Appraisal Committee;
Compensation for damaged crops (palay and corn), pro – rata to the affected area, at market value at time of taking.
Will be based on cost of production per hectare;
Compensation for fruit – bearing trees will be based on assessment of the Provincial or the Municipal Assessors
where the project is located;
Apart from the following, the DENR no –tree cutting policy will be followed. Entitlement for fruit – bearing trees will
be based on the assessment of the Province or Municipality where the project is located plus 1 year yield times 5
years. Young trees will be compensated a replacement cost for tree loss. For timber trees cash compensation will be
provided base in value of wood volume times the market value of the wood. DPWH will be responsible for obtaining
appropriate licenses and permits and tax payment of taxes and fees for removal of the trees.
Rehabilitation assistance
Vocational training
The cost of replacement / interment of graves, including all religious / cultural rites will be provided. However,
permission of surviving loved ones will be necessary.
PAPs may be entitled to additional allowance.
Land Tax for the first quarter may be payable (refer to 1. , Above) on host site for the first quarter
PAPs will be entitled to cash compensation for the affected improvements at replacement cost.

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