4I~t. Republika ng Pilipinas tm 1:f t MKAGAWARAN NG PAGAWAIN AT LANSANGANG PAMBAYAN

TANGOAPAN NG ALIHIMMaynila

RP-47-i;S n zuas

July 31, 2000 By -

MR. JITENDRA N. BAJPAISector Director, Transport Sector UnitEast Asia and Pacific RegionThe World Bank1818 H. Street, N. W.Washington D.C. 20433UJ.S.A.

Sir:

SUBJECT: MMURTRIP REPORTS

We are submitting the following reports for Metro iManila Urban Transport IntegrationProject (MMURTRIP):

I. Environmental Assessment Report2. Resettlement Plan for Marikina Bridge and Access Roads component3. Resettlement Action Plan for Don Mariano Marcos Avenue Extension4. Initial Environmental Examination, Phase I

Likewise, we are authorizing the Bank to disclose the contents of the said Reports.

Very truly yours,

T. ENCARNACIONUndersecretary

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METRO MANILA URBAN TRANSPORT INTEGRATION PROJECT

RESETTLEMENT ACTION PLANFOR THE

* DON MARIANO MARCOS AVENUE EXTENSION

I. INTRODUCTION

1. This report is presents the status and action plan of the Governmentacquisition of the right-of-way for the Don Mariano Marcos Ave. Extension,a secondary road identified for improvement under the Metro ManilaUrban Transport Integration Project (MMURTRIP) being proposed by thegovemment of the Philippines (GOP). Its objective is to provideinformation to the World Bank (WB) for its assessment of the project.

2. DMMA is grouped with Secondary Roads component of MMURTRIP. It isin the second batch of secondary roads that will be covered by theproposed loan from WB. The first batch of secondary roads is now underdetailed engineering design. The road project is expected to provide reliefto traffic congestion when linked with Quirino Highway. The project islocated in the Novaliches, a strategic district of Quezon City.

3. Novaliches District occupies a total of 4,000 hectares representing onefifth of the total land area of Quezon City. Of the City's 1.1 millionpopulation, 300,000 live in the district's 15 barangays. It host to differentindustries and hundreds of commercial establishments, which are themain traffic generators in the area.

II. PROJECT DESCRIPTION

4. The project involves the extension of DMMA that will link the road'sunfinished portion from barangay Sta. Monica to Barangay Kaligayahan.The existing alignment has four lanes per direction. The MMURTRIPfeasibility study recommended the following:

a) Build a new link but only two lanes per direction, as the projected trafficdoes not justify a four-lane per direction. To preserve the ROW, onlythe two outer lanes will be developed and the sidewalks put in place.The inner lanes will remain as an open space in the meantime. Theextension will consist of the following features.

* Carriageway (2 X 2) approximately 500 meters X 18.5 meters (6-meters median). Sidewalk ( 2 X 500 X 2 m.)

* Provision for adequate lighting for the new link.

b) Intersection improvement by providing new traffic signals andpedestrian markings at Quirino Highway.

c) ROW acquisition is estimated at P15,000 per sq. m. for a developedarea and P7,500 per sq. m. for an undeveloped land plus 10 %following the provision of Administrative Order No. 50, series of 1999.These cost estimates make use of the government zonal valuationsystem. Current market prices are normally substantially higher.

IIl. PROJECT IMPACT AND COSTS

5. The DMMA extension will affect two (2) properties (please refer to the VicinityMap). One is titled to Phinma Property Holdings Corporation (PPHC), whichowns a 3.72 hectares of the undeveloped open space in the project area. Thecorporate owner is aware that the proposed DMMA road extension willtraverse their property. The other owner is a religious organization (Jehovah'sWitnesses, also known as the "Watch Tower") whose property is alreadydeveloped. The developments include concrete wall and structures in theWatchtower compound. The impact of ROW acquisition and the total costinvolved is summarized below.

Potential Impact of DMMA ROW Acquisition

Items to be Units of PPHC Watch Total Unit TotalAffected Measure Tower __ Cost AmountLands:Developed Sq. M. - 6,956 6,956 P16,500# 114,774,000Undeveloped Sq. M. 6,407 - 6.407 8,250 52,857.7502.5 Concrete Sq. M. _ 2,500 2,500 300 750,000Fence _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Banana Trees Pcs. 159 - 159 100 15,9002 Buildings sq. M. - 225 225 5,600 1,260,000Concrete Sq. M. 3,600 3,600 210 756,000Pavement _Total in 170,413,650PhilippinePesosTotal in U S 4,260,341Dollar _ _ _ _ _ _ _ _ _ _ _

# zonal value plus ten percent

6. There are drainage and water pipelines that will potentially be affected acrossthe undeveloped portion at Barangay Sta. Monica. These items were beinginstalled at the ROW -underground at the time of the survey.

7. The project will not require relocation of families.

IV. MEASURES TO MITIGATE THE IMPACT

8. In planning for the alignment, the original plan was to locate the new link on*the-PPHC property as it is an undeveloped area and to avoid hitting on theWatchtower property. During consultations with PPHC, it was leamed thatthey plan to develop the property and are still willing to dispose of a portion oftheir property for around half of the required ROW for the project. This meantthat the adjacent Watchtower property would have to be affected. DPWHstudied alternative alignments to avoid affecting the structures within theWatchtower compound. In any case, the Watchtower compound is hugeenough to accommodate transfer of the structures if necessary.

9. The City Govemment of Quezon City acted as broker in the discussions onthe ROW, particularly with respect to the alignment and compensation. TheCity officials reported agreement by both parties to allow use of theirproperties for the new link provided they are compensated fairly for the ROW.

V. ROW ACQUISITION

10.The acquisition of the ROW for the extension of the DMMA is theresponsibility of the National Govemment, that road being part of the nationalroad network. However, in line the Govemment policy of involving localgovernments in the construction and maintenance of these roads, the DPWHhas engaged the City Govemment of Quezon City in a series of discussionsfor the past several months on a possible cost-sharing between the NationalGovernment (MMDA, being the implementor of the proposed DMMA roadproject) and the City Govemment of Quezon City. While the City Govemmentagrees to cost-share to up to 50% of the ROW cost, they indicated that theyare not capable of at this time putting up the budget of the magnituderequired.

11.The DPWH and the MMDA however, recognizing the importance of the newlink to easing the congestion in the area, is willing to propose the inclusion ofthe cost of ROW in their budget proposal during the budget process nextyear. But continuing dialogue with the City Govemment on their participationin the project will be pursued nonetheless.

12.Another issue here is the valuation of the ROW cost. The estimatespresented in this report are based on zonal valuation (prices pegged bygovemment authorities) plus 10% premium. The affected property owners arenegotiating for "market" price valuation. The Govemment will enlist theservices of an independent appraiser to make an estimate of the cost for theROW.

VI. Next Steps

Activity Target CompletionDate

Finalize alignment of the new link, i.e. determine extent August 15, 2000of impact on the two propertiesFinalize Memorandum of Agreement among the property September 15, 2000owners, Quezon City Govemment, DPWH and MMDAas to the ROW acquisitionEstablish "market' price of ROW September 7, 2000Secure budget for ROW acquisition December 31, 2000Finalize transfer of ownership of the ROW to the March 31, 2001GovernmentPresent Deed of Transfer to the Bank April 30, 2001

DPWH - EIAPO31 July 2000

Metro Manila Urban Transport Integration Project

REVIEW OF THE RESETTLEMENT OF THEMARIKINA BRIDGE AND

ACCESS ROAD COMPONENT

INTRODUCTION

1. The objective of this report is to provide information to the World Bank(WB) for its assessment of the project. The design of Marikina Bridgeand Access Road Interchange subproject is currently under preparation bythe Department of Public Works and Highways (DPWH) for possiblefunding from the Bank.

2. The Marikina Bridge and Access Road Interchange project are groupedwith Maripas Corridor for Phase I of MMURTRIP, which is being proposedfor loan financing from the WB. The project is expected to provide reliefto traffic congestion when linked with C-5.

PROJECTD-ESCRliEOS

3. The proposed project, as shown in Figure 1 will involved the constructionof wye-shaped bridge looped by ramps. A, B, C and G in Marikina Cityconnected to Marcos Highway. The project provides transport facilitiessuch as, bicycle parking areas (south of ramp B), pedestrian passage(north of ramp G under the existing Marcos Bridge) and Bus and jeepneyterminals (MMDA designated transport Hub for eastem Metro Manila(west of ramp A).

* Ramp A - four (4) lanes, One (1) way* Ramp B -two (2) lanes, One (1) way* Ramp C - two (2) lanes, One (1) waya Ramp G - one (1) lane, One (1) way

The project also includes an access road connected at ramp G at SitioOlandes in Barangay Industrial Valley running straight and parallel to theMarikina River towards the section where Marikina River changesdirection. The access road will be linked with the segment of the project atBarangay Libis being undertaken separately by DPWH-URPO.

4. A two-lane road that will allow traffic bound to Cubao tuming left to MarcosHighway will be built passing under the new bridge. Another road that willallow traffic from Cubao tuming right to Marcos Highway and connect tothe proposed new road will also be constructed. The road after theproposed new bridge will approach Marcos Highway with a Split ramp.

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The loop ramp will pass under the Marcos Bridge to allow southboundtraffic from Marcos Highway to proceed to Coll. Serrano Avenue or E.Rodriguez Avenue at Barangay Libis in Quezon City.

5. The Department of Environmental and Natural Resources (DENR) hasalready issued the Environmental Compliance Certificate (ECC) for theproject on May 6, 1999 ( please refer to attachment 1).

SOQICOOIEC'ONIRATEIS11CS

6. The areas surrounding the project site are highly urbanized. However, thespecific location of the proposed access road and bridge is mainly withinthe vicinity of Marikina River banks. The properties are all public landsonce cultivated by informal settlers who occupied the area during thecountry's political transition period in 1986 (post EDSA Revolution). Basedon the 1994 census of the Marikina Settlements Office (MSO), an office ofthe City Govemment of Marikina which is in-charge of relocation andreseftlement, majority of these informal settlers depend on income fromjobs in construction, factories and service establishments. They work assecurity guards, mechanics, drivers, electricians and factory workers.Others are vendors, 'sari-sari' or micro-store owners, barbers, non-motorized tricycle drivers, tailors and dressmakers. Few are employed bybusiness establishments or enlisted personnel in the military. Few hadadmitted that they are unemployed. Women who stayed home wereengaged as usuhero," a labor contracting arrangement by shoemanufacturers in Marikina City. in the area.

7. In March 1998, the MSO carried out the relocation of squatter families inthree resettlement sites namely: San Miguel and Balubad both in MarikinaCity and Montalban (now Rodriguez), Rizal. The project site is alreadycleared. No commercial establishments nor residential structures will beaffected by the project.

PROJKI

8. The following were the impacts of the Marikina Bridge and Access Roadunder the component of MMURTRIP:

Demolition of 415 structures affecting 506 families in Sitio Olandesowing to the proposed construction of new Marikina Bridge;

* Removal of 2,000 trees;

* One and a half hectare of government lands planted withvegetables and fruit trees by a farmer; and

* Acquisition of 35,534 sq. m. of private residential land in IndustrialValley.

STATUS OF LAND ACQUISITION

9. Land Acquisition is no longer necessary as the properties along therights-of-way (ROW) of the access road and the Marikina Bridge areowned by the national govemment. The said govemment propertyincludes the 35,534 sq. m. of land in Industrial Valley, which was donatedby Agus Development Corporation to the Marikina City Govemment inJanuary 1995. The Deed of Donation and the title of the said property areshown as Attachments 2 and 3.

10. The four parcels of private land with combined area of 4,200 sq.m. for theloop ramp, previously reported to be affected by the project will no longerbe acquired. The ramp will be realigned to avoid these private properties.The DPWH and the City Govemment have closely coordinated todetermined the best altemative alignment of the new road to avoid impacton private lands. A series of consultative meeting have been conducted,starting from the one held in February 16, 2000 and the most recentmeeting was in July 2000. A new scheme plan has been agreed and isbeing pursued in this regard ( Figure 1).

COMPENSATION OF PAFs

11. The MSO has reported that a total of 506 households (PAFs) and 415housing units were affected in clearing the project site in 1998, of the 506households, 357 were resettled by Marikina Settlement Office in a 1.4-hectares lot owned by San Miguel Realty, Inc. in Parang, while 62households were brought to Balubad Settlement Site, Marikina City. Therest were relocated in Montalban, Rizal through the assistance of HousingUrban Development Coordinating Council (HUDCC), a nationalgovernment agency and policy body responsible for urban housing andrelocation issues in the Philippines. The City Govemment provided theRelocates assistance in the form of construction materials for them to beable to construct temporary shelter, i.e., nails, cement, and gravel. Thetemporary houses were constructed in three weeks. The City Engineers

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Office of Marikina City Govemment assumed the hauling and transportingthe dismantled structures of PAFs.

12. Only one displaced person was compensated in cash. He was a farmerwho cultivated one and a half hectares of government lands withvegetables and fruit trees.

13. The PAFs were given one-week food assistance after relocation. They didnot receive any financial compensation. However, the City Govemment ofMarikina shouldered the transportation costs in transferring the PAFs tothe Resettlement sites (in Marikina and Motalban, Rizal).

THE RESETTLEMENTS1 TE

14. The Marikina City Govemment provided two relocation sites. One islocated in Parang while the other is located in Balubad both located inMarikina City. These two sites are owned by a private entity. The 1.4has. resettlement site in Parang is owned by San Miguel Real Properties,Inc. A Memorandum of Agreement between the City Govemment ofMarikina, the PAFs and San Miguel Real Properties was signed as acommitment for the latter to sell the property for resettlement site.(Attachment 2) The agreed price price is P1,000 per sq.m. The CityGovemment declared the said property as a resettlement site through a.City Ordinance in 1997 (Attachment 3). The PAFs will pay the NationalHome Mortgage Finance Corporation (NHMFC) on installment basis.However, the NHMFC will pay San Miguel Real Properties Inc in onepayment.

15. The resettlement area in Parang is being developed where basicinfrastructures are provided to PAFs such as, electricity and water pumps.The dirt roads are being paved. The following amenities are provided suchas, day-care center, a chapel, a school, a health clinic and a basketballcourt. The same basic infrastructures are also provided in the Balubadresettlement site. The Marikina City Govemment shouldered all theexpenses for the development of these resettlement sites.

16. The resettlement site in Balubad has a land area of 2.9 has and owned bythe Tuazon Delgado Group of companies. A tripartite MOA involving theCity Govemment, the landowners and the neighborhood association ofPAFs was signed. (Attachment 4). To this effect, the property was alsodeclared as a resettlement site through a City Ordinance in 1997.(Attachment 5). The tripartite MOA stipulates that the property will be soldat P750 per sq. m. at 14 % interest per annum. Each lot will be amortizedat P556 (US $ 13.90) per month payable in 25 years. The Development of.

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the resettlement site will be financed under the government CommunityMortgage Program (CMP),

17. In the two in-city resettlement sites, the City Government gave residentiallots according to the choice of PAFs. The lot sizes vary in sizes from 24 to30 sq. m.

18. The PAFs assisted by HUDCC were resettled in San Jose PlainsSubdivision I, in Montalban, Rizal owned by the National HousingAuthority (a national government entity). The resettlement site is alreadydeveloped; each housing unit connected to water, electricity lines and tosome telephone lines. Each PAF was awarded 40 sq. m. lot, with monthlyamortization of P350 - 375 (US $ 8.75 - 9.37) payable in 25 years.

19. The table below summarizes the status of land acquisition in resettlementsites.

Resettlement Size of Owners StatusSites the Area1.Parang, 1.4 has. San Miguel Real MOA signed.Marikina City Properties Inc. A City Ordinance

proclaiming the area asresettlement site.

2.Balubad, 2.9 has. Tuazon and MOA signed.Marikina city Delgado Group A City Ordinance

proclaiming the area asresettlement site.

3.Montalban N.A. National Housing Lots already awarded toRizal Authority PAFs through HIGC.

Community Organization

20. Following their relocation, the PAFs were encouraged to organizethemselves as a community. The MSO had assisted the PAFs incommunity organization such as putting up of an association, whereineach PAF is represented in the neighborhood association. Theneighborhood association has a legal personality under the Government'sCommunity Mortgage Program (CMP). The PAFs in Parang Marikinaorganized themselves as the 'Nagkakaisang Magkakapitbahay ng SanMiguel Realty Association" also known as UNABASILA Association. TheMSO does not provide direct funding assistance such as, capital forlivelihood however, sponsor activities such as, livelihood training.

21. The Resettlement sites are accessible to the city's central business districtand therefore, access to job opportunities is not a problem. The same

5

could be said to PAFs, who were relocated in Montalban, Rizal. Theirresettlement site is only 30 minutes travel to Quezon City where most ofthem work or go to school.

Access to Urban Services and :nfrastructure *Provision

22. Social and urban services are within easy access to the relocated PAFs.-The city government provided them a paved right-of-way linking them tothe city proper. A community drainage system was also provided. Therelocation site has the following amenitie: day care center, school,basketball court, church and market. The MSO also provided freeportable toilet bowls and drums for each household. Waterlines still to beinstalled from the temporary source of water which is deep well.Telephone lines have yet to be installed in two Marikina resettlement sites,however, electric and water lines are available.

Monitoring

23. The monitoring of Resettlements by MSO is only for PAFs who arerelocated at Marikina City. Those who were resettled in Montalban, Rizalis monitored by HUDCC.

24. The MSO monitors the following concems: employment problems ofPAFs, peace and order and security at the resettlement sites. The MSO,also provides continuing technical assistance in the documentationrequirements and in providing engineering permits, water connection aswell as electric connection.

Model for Good Practice

25. The resettlement program being implemented in the City is widelyrecognized by civic institutions. In 1997, the City Govemment of Marikinareceived a citation for 'Bayani ng Maralita" (Hero of the Poor) from thePhilippine Community Urban Poor (PCUP). The program has alreadybeen elevated to the Hall of Fame under the "Galing Pook" Award of theAsian Institute of Management, a premier business school in Asia basedin the Philippines.

COSTS AND BUDGETS

25.The City Govemment of Marikina & the DPWH had considered projectdesign altematives to avoid incurring substantial costs for resettlement.The 4,200 sq. m. of private lands, to be affected in the original plan, will nolonger be acquired for ROW. The realignment, therefore, will place thetotal resettlement cost at P678,090 (or US$9,452). The amount wasalready paid by the Marikina City Govemment for the relocation of PAPs

6

amounting to P550,000 (US$13,750) and for the compensation of onefarmer for his plants and fruit trees that amounted to P128,090(US$3,202).

EIAPO, DPWHJuly 31, 2000

Attachment:

1. Figure 1, Project Design and Parcellary Plan2. Environmental Compliance Certificate (attachment 1)3. MOA between San Miguel Realty and Marikina LGU on the

resettlement site. (attachment 2)4. City Ordinance No. 331 Series of 1997 declaring fhe .4 hectare land of

San Miguel Realty as settlement site. (attachment 3)5. MOA between TQG Enterprises and Marikina LGU on the Balubab

Resettlement.(attachment 4)6. City Ordinance No. 269 series of 1997 declaring Balubab

Resettlement as a permanent relocation site (attachment 5)7. Certificate of Donation by Agus Development Corporation to the

Marikina LGU8. Report on the security of tenure of Relocated Families.9. Squatters resettlement plan undertaken by Marikina LGU

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'4 - t - - .' .. I .. -i

DEPARTMENTOFj- ENVIRONMENT AND 66ONATURAL RESOURCES

ENVIRONMENTAL COMPLIANCE CERTIFICATE9308-004-208C

The Department of Environment and Natural Resources (DENR), throughthe Environmental Management Bureau (EMB) hereby grants this EnvironmentalCompliance Certificate (ECC) to the proposed MARIKJNA BRIDGE ANDACCESS ROAD (C-5 RELATED ROAD) PROJECT of the DEPARTMENT OFPUBLIC WORKS AND HIGHWAYS to be located in Barangays Industrial Valleyand Santolan (Marikina City) and Barangay Libis (Quezon City), Metro Manilaafter complying with the Environmental Impact Assessment (EIA) requirement asprescribed in the promulgated guidelines implementing Section 3 (b) of P.D., 1121 and 1586.

This Certificate is being issued subject to the following conditions:

A. GENERAL CONDmONS

1. This Certificate is valid only for the construction and operation of a wye-shaped bridge (Marikina Bridge) with a trunk segment of 285 m four (4) -lane divided deck, a left stem segment of 125 m two (2) - lane deck, and aright stem segment of 100 m two (2) lane deck, split ramps (one each forthe south-bound and north bound lanes), reinforced concrete box culverts.reinforced concrete retaining walls, roadworks (access road. E. RodriguezAvenue, Boni Serrano Avenue, Riverview Drive - Marikina Bridge lanes toMa-arcos Highway);

2. The proponent slhall provide a copy of this Certifrcate to the LGUs ofBarangays Industrial Valley, Santolan and L;bis;

3. The health and safety requirements as prescrbed by the DEpartment ofHealth (DOH) and Department of Labor and Employment (DOLE)-Bureau ofWorking Conditions (CWC) shall be implemented at all times;

4. The project shall commence only after the proponent has fully andadequately compensated the affected residents/stakeholders;

5. A workable Traffic Management Program to include schedule ofconstruction activities, specific altemative rerouting plan, traffic schemes(i.e. Posting of road signs/waming lights), value of traveling time saved orlost. shall be developed. submitted to EMB and DENR-NCR andimplemented in coordination with relevant govemrnment agencies;

6- The proponent shall provide spaces for tree-planting on sidewalks, centerdividers (islands); plant boxes, etc. for the greening of areas affected by theProject;

7- The Proponent shall ensure that all relevant conditions in this Certificate areProperly complied with by its commissioned contractors and subcontractors:

3 All appropriate mitigating/enhancement measures contained in theEnvironmental Impact Statement (EIS) and Additional Inforniation asapproved by the EM8 shall be institut6d to minimize any adverse impact tothe environment;

9. On-the-spot monitoring and inspection may be conducted by the DENIRNational Capital Region (DENR-NCR) and/or EMB in coordination withconcerned groups;

10. All other necessary permits from other govemment agencies shall besecured prior to project construction;

11. Any expansion and/or modification of the currently approved operation adprocesses shall be subject to a new environmental impact assessment(EIA) requirement;

I 12. The transfer of ownership of this project carries the same conditions in thisECC for which written notfication to the EMB shall be made within fifteen(15) days from such transfer,

B. CONSTRUCTION AND IMPLEMENTATION PHASES

| 13. Drainage structures such as ditches, culverts and pipe drains shall beinstalled to divert run-off and surface water away from the construction site;

14. Sufficient slope protection walls shall be installed before excavation worksand necessary precautionary measures to minimize or prevent soil erosion.

Isiltation and movement of earth materials to adjacent areas and theMarikina River;

15. Construction spoils, stripped vegetation and discarded constructionmaterials and debris shall be collected, stockpiled and stored at a pre-designated site before disposing to landfills;

16. All dredged materials generated during construction shall be contained andproperly disposed of;

17. Proper handling, collection and disposal of oi/lubricants, wom-out tires andother spare parts used/discarded by the heavy equipment/machinery shallbe strictly effected;

18. Measures to mitigate the increase in suspended particulate especiallyduring the construction period shall be effected by regular watering ofexposed road surfaces;

19. Measures shall be undertaken to minimize noise and vibration broughtabout by earthwork activities and heavy equipment during construction;

20. Safety and proper sanitation shall be implemented and personal protectionequipment shall be provided to prevent health and occupational hazardsespecially during the construction period;

21. Appropriate, aesthetically acceptable, and cost effective, reflective orabsorptive type of roadside noise .barrier (i.e., earth berm, reinforcedconcrete and wood composite, sheet metal, treated timber, etc.) shall beinstalled along sensitive receptor locations of excessive noise or in strategicareas; and

~~~~~~~~~~- - ; f r; .v .

S.-~~~~~~~~~~~~~~~~~~.

. Maintenance of facilities and utilities shall be undertaken regularly by theproponent..

Non-compliance with any of theconditions shall be sufficient cause for thesuspension or cancellation of this Certificate and/or imposition of a fine in anamount not to exceed Fifty Thousand Pesos (PhP 50,000.00) for every violationthereof, at the discretion of the EMB in accordanoe with Secti ns 9 of P.D. 1586.

Granted this hAY 06 gg

cretary

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WI ll:RIAS. il is ihe lpolicy sit iIte C:TY (1 Vi )\ NN1ll .N I\1|1(RIG NATOI( ti caicu slnaie ftliC p.n iciplaIII (if fI le sst'l1-

slock. Ilull-plofil hos t iii ali ins in ils blnll 111' 1';11tIu ill lIL'

tile Conllum ilt NIroo ta ; :c lill /iitC('NIPa) Pu isuis ill i' 1; A-7.. / wi thiln objvctive It cotillill stIllaIlimi. wililill tlie

_ - , . iccalics,

____ / \ \'LIII .IRI.\S.Ith (-'ll\' (.( \llv ;N'.l NI[N / (Ol4l(ilNA,Xl (114 iistciatls Ie..a ',t MIll )is,ipc 01 ii ist11 1tliii!' sih\i 'sfil la,ief'1 liit,

*~ ~ ~~~~\ .iN pi~Ided\.I( 111 die (uu,iasii Nh}lIIII i i tXI}I!;Ii':t 1 i{isi*iiii ~ *iti lIIi

d sItin 1 i1 s.f h1s1IsIIII': the inslli'I ll ::cl citi ut thrI.

-- II uluIo i (i .. .hll;.11k* ;aindI stl- ciii ,t,,t. I ii,: - ~~)

05'4 ~'''

5+4

IIIulvi.ltIuI% titiI j8III . iii II I .\ 7/ /1). IlI c I !iI,.1ii I ) l) i t 'I u IIcIa l

I It 'LlsiI2A ,\IiII, 1ii92,

-%VIII IIA.S,ill: I.j\NI)M)V.N': I-.lK 1.|!N el ti I(IIIIIa! llYn.'(111t:llv 11

\ t\ {1ll;l~~~~aramc il!:ilCll ('011cel III! lictii iliv lv,ollcill al.1....d...........o.........

psillicillati.ll ill I l, I)il,c cl

Ps~~~~~~~~~-R

N01% *nIi*:LICEOia*: Iiii iitl ill cuinid\LlI.ali .m offillo-oIii't picIIlI:C.cN i1Lc ;dI2iI%

t*pt bimF I ICI.I - stco'ic (1ow ,A(;uI lt;Il: N TI NI

C I lie plicies. usidelsines. l urtcetitii,:s atiltI ,1her, cltidlili.ilis 25 ievidetl ill illis;\ aIziegreulivi ;llapply 1tt Ille ille. ies-pollsilviilifes aIIIdi oisgalifils 4i* t1 CT11 (T t )VlJANNIiNT

and .i lie LANI)O WNE in 1 izitle Iimplenlali,tn in ii c liliii h it sii-:

N La I; .sid t lXvuisiill / Reelaassilicaliull

;c _

C~~~~~~~~~C

r~~~~~~~~~I I Lv Isilie Sil 2S 12ci. ISunell

3 dl I ;iiid> ACiia~tIsiSi lutts IliCt Clk ( Ixl' ;nidIt. )u'eIspuiellstl

j~~~~~ e ' 's. I'Ijeet iN-.i a aut CsIit:e'

I' lillciai, iRccumvL y / Cost Itetcvti V

AII.IICI.E 11 - I'PROGRAM;I D)IlUPCRI9101

-hicr .JRP( 'I'l.c Conmitinaty Mortgagc l'Pworan (CNi-l') is cticeivcLd amdl pZUL iitts law tindCIe 1RA

J 7279 knowvin ac Iiic Uliaii l)c clupmns t lousinit Act (UDI IA) uC' 199I as a depatItuinueu 1101

mlicirc osiveilloina,ial tilpradlints apIproaecih in itic Sensc that (lie C onimmilv Ni o w.art!:c

* I'S (5tI.I5 ii 155(11s 1 suit t';!'s a iii ~ii1111 I' li Iiti*i.il pallii iiii i.. c.....I. l i u I I., 'i; i,, i.n i!.. Ill iiic

I 'I. 11.1 ill ciije'live I V oii tiis Illsujlctl i'. 1, imsjri'"ye lilt- 1.11i, C 1 Is im l *,ii '.Ili1

'l2 ii@ 11qthui.as1 (I.e ulevessj'uiici.t8| lin1 iIiisIlll|vul.uts.i il si*iI J.ill *ts|bt% iIihIVl th

,; \ /( ( unnnnusiv'''' \Isrll!t'alt I'l;olill uCOMP).

EIlic Citvl (,ult'fllcsnict ieitegisl~ fit IusiI 1 t its . Iit, hI;iulu ... I. 1t5 2 'ic,gu\*.I \

, -. ; I Ii. pa: tic.. x l t h'v afl cI 11,.i t- l,'lu 1jici, S11.use slide, v. (..I I I(, 'Sl \I2l'l^ S )S

,.Sll .int Ls: ;I n 1 tile C '111nuiisllsI . ;It I., 1. tIll I i. .

C , I\I. 11 fill IT TI If 1he ;SA' Iv s e Ihe a'iIA I1, '

I)':S9!Isls\1Sll;l.aaf .................... 111il\;Sllz, ......... 1) ,11\,;lKN11@11X *lv:- Ilzt ., 1 ' ..................'e.s'a,l;l( bl l1t .; {}\,, ;,f ; ,

ARTICi E; IV- OBL1.IG(;ATlION OF)'TiI: PARTIEIIS

/ A. ASSO(CIATlION

'1. I la' o §et telciel;aiay S.lctc cilil

.1 l,'1'li ASSO(CIAT''ION silalil sci till) aai \d-cls alld1 AIliIfl.Iilloll ( ',I'aaa1l1eetA,\(') whlaa wvill aIlul)ovhilC le Ilias : oI' Ite lJcialicialY Seleeli,nil (Coi,aIIIttcc

BE ,,rqfua,alificdi belfclara;ies.

b lhi I c fl eci;lary Selctcion Comanniii ic wvill t;akc chla re t Illic 1fill1 aII 'ilitll ,,1I\bciueliciarics.

e P IrovidIc lich CITY GOVERNNILENT a cop) of. liml o'aaprnovcd c;ascs.

ty paic il l'Icp;I c le AssotiualiOll' "( OF)lv1O I:')l.l('CIlS". daill% sailfl 11i III(-al i'alllltility.

(i e. Iinstirc Ilial thic niciaibcr comiply wi ila the assa ciatlioll's codc ide if poi CieS ;aad iby-laws, aiad ilic rulcs and re-ualamion covcrin:(' CNl'-Blkleficiarics.

Oc I'z7 Sccutrc a loan 1iromii [lie National lloa I ic Morlh ita e Filan;e Co ( apo'lilioll(NI INllFC) Wvillia lic assisN;i.ace o I (lie (Il,ORIINAT Ol( in oid Iit) lillallc I lie

*nti purchase lby thc ASSOCIArION (if an areal ol I:)IRTI l.N JIll()ISANI)FO JR IIUNIDl(1D) EIUj ITY THRIAil .' (111.483) scialc;ae aiaaeals. which is ilic

:pc ' $ SulijCCt oriiiis a;'.wecCiICll.

lua 2 l.ald Accliaisihiio

a. NoiiIy quialilcd bacliciaries of ulacir lot allocation incini (lic lcI.ails III':

, Lot allocation in tcrias ol'are;a and price.r V , > * Coimimliutlity Mortgagc T-rkc-ouit locutiai ( lbr OI' sigminllg

r ,n: .tt * GenCeral icnis anid conditionis of occupancy bascd 01n tIIC cenmus suirvey.YNM( incomnc data and alTordability crilcria in accordance wvi(i ilic approvcd coidC

orpolicy lor [liC bcnicriciary and( lt0 allOcation dC'CvloPniici11 plan

3. I.ivelihood lrograu

R; ~ ~~ a ;. ldean liI)', p);lan and1 iuiiphcaaaeaIIt tl lie Ii vu lil hod cvelopancnlll pa1-I1".1111

.1. l.'hlvsic.I m';nr.adinjg

X a l'Iaclal e i c ovcrail tIevehloipilaaile ali ii .a aailai i 1 ma .11111 iV I i fora *;e acic:-

31, Por coneca \ |\ .iII.\|,Por l). Facilitatde thc survc) ol lipc a peotp y atild procmliC (lhe acl;as.mi c;I lclo IlIacreol if

ticcssarv wili Ilic approval oi';wtlhoriz/t ion l owIlie l.e L)()DOWNIAS.

c. Orfaumi/.v aid aitidrcialkc reblockiaa,- operCmllionl iclhudll .:.

-') 'x ' I.)isaia;a;aiiaa;;aa removaicavl sllt '(ilatcipal .iiipai-"'*.7 )ismantling 01' clearl I,o' slluics il %%fill flic IIIIIIo%(:I1

{,S, sIt Cdeveopment lans1,,,

-~~~~~-

- I I I ~ ~ C i g§: 'Ci~ I ~ IiIII ItIIC.IA Ii .C1 's*)I I.,,

k, su. C \I I I

for

I(Pa IC%% and ilp lCvu Iilt lilt a.,i Iitil I I

Mz 4 ,1 1j. II I1 lis l .iii1

Re

Rt / \ ,* ,~~~~~~~~~~~~. h,S, i; nl i i ,ii.e Jt in t vc int ).N iii i.l:: Cl f iii C iiit .iC2CC'i Lie iit* ll nil;: ' Ii 'I i t c

ci~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I

- C C,. * I ; ICICCIC *.,l,ilIdC SIB .iii,I Ie:..Is A1 ...InI.ii: lic liii C.Cl ild .ICC CCol loCc ~ 3 /I Ill.illlil 11,x

.1 'C .CCC.I iI. CCIC. . I CI,IlICiCCd t,v'e;ll lli .\II' I.......... l.ll.C

9 1: 1@llt S1.~oli;l c11car1 1',,,: ,I 1;,,al,.'l,l,.t,,tict t

'hicfP .

I 1'1, A1'OC )TH il 11vu sIl I ... loll- ;m.11".

\~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~.1. I,,1-,t, I,,, I1.&&|1l .7' l! { .1 Am lit- I'1 -1 I. 11%.^ 1. pi ,1

\ ~ ~ ~ ~ ~ ~ ~~it AS 'I: A'I H YlNl Il .t4111' *1 1111z %%l[Ow \1841, ll

t 1s11fi.1 lb" Al\' .......... il; I1 .4'1 I( 1IV 1411, 11, ...........1' v ,'Xl8t1

C. LANDWN1) EN.I:S

.1 i1t , ll sell ice cmhuv-mmceim l mt otv cml ()Ni '. Ii i( IL IS\NA .1) l'L.S()US(I' I'j)(l? (10) pci squalc IlL] 4:1

1c t I1i III II ic Ipl opcm I v ll dII II iis icI ct I IIII) I;11 tWC.S

, 1. (imci fll iv, lil;l sil .icall(l;l il '' pllo )t '1'l!: c's'*;l 1l. . ,,fl,,t1l

d.. Willt time app aloal tl' ui clasc Cotmmitmlent I .i (i('('1.). ltm I .;mmmldolvmlmr shacill

iI''rciii %cl Iii LII.

aX 8\1{11(ART 1CLE N -- PAYNIE 11:NT1 AVND HEE.SEOFI.I:..I )I11,:

S 1 IJ0,.,§ 1[l tie sulallsiorll of *a1 ll 1l'c'>ce 1s.%alN do lilicla l It i°'allk I"' flic !oilkil\ ,!z,1!:.:e: 1 :lom-raill I n.gi il lllmcilmliile(l by I li ,., N , ;l,al 11,i,,,, I :e ;,, Fi:iI.,,CC(uipmt)I Iiolion (Ni INMFICj. Ilic letlct sha;ll i:a.uc ; I.Cli.l f,, (m,ua;, ,t.e (1.0( ) il I.Ivol ti1lime I..IIitiVII5 ill til(vl.' .iIflhIL C Ili ;tI clime lake-omillt procteds c11.h111t' 111.111 ' ie[to tim l eiteIcli6ai lcs. oi ilIc .tillisilloll i lime p1l op11)I ''I jl'' L aildotmit'l l.m..

b - 011"""'"';"''a''c t-' "ililc 1A A)i liv y INI IN I('. IIICIaII It I wI IC, r A,,, oI;Ii AI.41 .,, III,.,1I,,

D ,. 1), .%4 l.al tit' the il.,til)1,, NiIv (l ime I .lcomtltm IvyL.' ml tl t 11 sulmit1

3. himm clcily alyall ci clme xcsmI ii m.oh l mllc I)etil il Al im 'lutei SNalt ad m li 1w it v'v.a %. Al' lilt.D )eed tl' Real IslalIc hlor i igc ewxeiedl lo l 11 wike associalioll. in v t i i s C'IPO RIG I NATOIR and tintI.el cloemilmiellis * e;limil etl in Il.e 1.(0 C . lit.' L.ANI W)(WN I S sim;,l c;IIISc ilic iranmlmmr olf Ilic corrcsplo ldimm; CE1 R'TiFICATE'l' (OF TITI .iJ oi lIme poimem 1 ly imlimc namimc ol i lie asst.cialitill. as %veil as time rc:ist ralitn aniid alillmoilioll ol' ilic saidnorl('ntta.c in favoro lits CAll' Ori.a.ilmmr nil litle ReIgmsi:letr or lI)elds

A_'RICLE:' 'i -_ (Tiiii: (CONDi'I'TI)NS

-limc (:Co'mmmmunity Asseciatlion1m silall INma I;l tiile RIAl. I'R(O)I'I 1RTY TANi. :s tilt' Iit',¢ Sl~~~tliwjeet la!iwimmnmm lt alsXeeomm quamlellr til' I 'fl1.;

'. 11 C1 ee,m illtf.s I(lii lkiclimms imel swmix limc i I l imma.'imhse Il ict ml' 1lt.Il I' opcilit ! ks ammdi lm

C / ( a,iol il' , I's%ml'limlmtilm t' lim o I..muim e I ajitul tml' tmmll' limim. ( :. mmmtmmlims 1coin mum memmceiii(N IIIC sialli ai I' iig~~~~~~~~~~~~~~~~~~~~~~~~~~lil \ X t111411llt11io

It. 1 cae o' in oll-l';minemml (I eqoliVl m I,! m Iml)ci l ilnt- immee (;) 3 e.Ict'mlive mimi mmii s.* 2 |5., \ I (mmmlnltv Amlmm'inmlti/alit; mmiid CL IIilyl a 'li her espt 'm h mm lime I memeill; .iI II m ( tvi lm mm.iI

As :stm;cmliommms nI lnjecl liv a mmiielimlmuel i0n li c1 c (3.) iolmmsietml my mmmlmmlims. lm( \SSO('i A'1U1()\ simlil IappIv tim sanmtlion ml 'esiicliinm.

line ('CIv (;msommmmmmlmicll of Meimm illam is ;emli ct'il 1mm m'm0rm hint' m'11lsl in t1IImmIimmC

5 I pi m.mmlIs limm11 %ls .m 11*;mllmm limmme is Vl lime t.'sst.l*m m .sm 11 111.m 1m 1 ms m t.silmlielimlml ilmct'Iti'llfll. " 11 ' mIcc'mt.'mlcimtll 111.a illme I .1m lkmm '.1i.l It. lilly. ImIti llim- .l 11, m lit,Imo,,,,

.'imm~im'±1t'djmm1me Ims l.mlem immt 1121 -1,11 m t limmi tim elm m i t ( i m it pc m

-_43d

ARt ici.i VII Ill.\iNNS IIO iAI t st' \I I IIN

Ai l cljpClscs ici.ive Ii? lit,isi iiint) i oI, ill Ill 11aiiti ci lll' ANSI )( IACA I It).\

jinlC.- ildm It $f EsI.liaoll of, IlhC D)CLI 1 o \}l, Ab 1ll1C S.IIC. do( i lk., 111aII; v s(lalily.. Will.-lIcl I;.Csha1ll 1'W' \1h;lell k-1|11.11l! v by lilt- 1 .AINI )M )WNF md-1 (|1t lit- A\s.s )(TY H .' \ |l . %d0ill'.

re:gisliallonisZllan :11111til;tlitin ll 0 1(..1 1 1il \,8*: M lo ..' A1,.11 1. l 1'c.w|1mlcl 1-v Ilic

ASS( )( IA1i1(ON

In lit vvent i lw l 1 nu ' d all iS 11ci' i1pp l . Ills ai li' A' I ilec a i1iti eTIIIcoiisidei Ntl1 i ;,,,t1 a ,, ;,,, ,,1 ,,,.i si ;,iiii,, g11.ei.i

sullmsi ~ed1,s am,n ,.:re1 m, ullicli eld Ic belOs:11c % l:. eCil leia t

SUI IN WT UNESSl *|:C WIIIIIEREOF. vve 1 av C l ivcm 11: omhn.,I

I "'J aI \iC."tiikil l ' I'l,illill..

I NI. IT.I(NANI)()

.t. s\ I t1i lN II (- vs It, N0 .......... a i1l 1 1i 1 ei ... I\;jZ>

r ! 5,. /.Fo fl-- LAD -NER:.s- g _-

ItV~~~~~~t

VIS L.1, 1, 101 . ,/IC%I.I-J 1:N VO DE.... LA1t N

A -e.. 'h';II/-X:I c.............. il'S,,;,lin An\,i.1.-.

/~~~~~~~~~~//~~~

I/1 4t1 {llT .\.ski 1i ,

1gv~~~~~~~14

AX C K NOW' 1 1: 1) G 1: 1': N N 1 N

g Ill~~ l}t,tLsll ( )itj ti Ii: tii lt.tt't rlNl:S )CI Y 01: NIARIKINA ) S.

.Stfor BEI:FORE: ii%l:. a Nolary I'il'lic lior alld iii Mal;,it.iii ( ily. 'I i6ipilics iiihis

.a: _ti _ __ 19S. perinsol;lyl ;plcd 1cdic fidtowil,w

P;'

IN A N/N1I: Co() \i. *TAX. NO(S D)ATt /1'(ACI1 ISSUIIEI)

CR I llon Blayanli 1'. IFenila;ndo

> lA ~~~~~Catalina; (Cayclallo%lelimu de Lara AuduI

C Rlonict) dIc Lta1

fIlisa NMorale±C NMelba Espalicuo

S ck 1lknowl4 10 in c bec ilh C samec personts Who executcld(li lc lkiregoitg iisln,-tieiiict ti'misisfill!. oscvcin (7) pag-Cs incluililij this page oC ;l'aknowlellcimmcmi. sigotivel bw tileht anld by tlicirnsilieniiMni al vi(IICsLss itl lte t tl liCu of, IcIICHl ll;lil nl li filel le) niau,l (W oC

onc to six tlhircofrandc acknowIcdged itlo ie illtat lle assucialion andl hCi itv (ovlinient oil'Marikina, whiClh Ms. MLLUA ESP'ALTHRO andl Hlon. IBAYANI F. I:FERNANI)()

.ngirn rcprcscrli, rcspcclivcly.'hief.JRPO

E'ISS NY' 1AMNI) ANI) NO''AltAl, NiEA,L onll iis day - ________7________ 1998 at Marikina City.

*o. _o

2nd Slr I t X .<e; ics ( 9 I 998

\ d.zi. h 't( )Al Nki,,iii.iaii I11 Is1)spllz

,' .4.-t

,tAN(;(;l.NNIANG i;ANLUNCSOI) N(; MAINAKALAKIIANG MAYNILA

LCK -i~ L. h' ON% W ) ~ ~ srCi:W r.U: \t l;; . . T:^.

ink

iY ORDINANCE No 331Series of 1997

ORDINANCE DECLARING THE 14 HECTARE LAND OF SAN MIGUEL REALTYALONG CHAMPACA STREET EXTENSION IN BARANGAY PARANG. THIS CITY

AS SETTLEMENT SITE

Introduced by Councilor ROBERTO C. PONCEanid Vice-Mayor DEL R. DE GUZMAN

WHEREAS, there is a 1.4 hectare of land owned by Ms. Catalina Cayetano. et. al..located in Barantgay Parang. this city, that would have more substantial economic valuefor residential purposes since the same is no longer economically feasible and soundfor any agrictulttural purpose.

WHEREAS, the said parcel of land will be utilized as relocation site for the familiesaffected by the government demolition operation.

WHEREAS, the affected families will purchase the subject property through theCommunity Mortgage Program (CMP) of ttic National Home Mortgage FinanceCorporation (NHIMFC) whierein the City Govemment shall act as Originator;

WHEREAS. Section 458 (a), (2) of the Local Govemment Code of 1991 provides thatthe Sanggniang Paniungsod, as the legislative body of the city, shall enact ordinancesfor the welfare of the city and its inhabitants, and in the proper exercise of the corporatepowers of the city, shall:

*(vi) Prescribe reasonable limits and restraints on the use of the propeny withinthe jurisidction of the city: and

:(viii) Reclassify land within the jurisdiction of the city, subject to the pertinentprovi:,oos of this Code.

NOW THLREFORE. BE IT ORDAINED AS IT IS HEREBY ORDAINED by the CITYCOUNCIL of MARIKINA in session duly assemled

SE Cl ION 1 That 1 4 hectare land along Champaca Street Extension inBarangay Parang and owned by San Miguel Realty is hereby declared as

Settlement sitc, with TCT No 317027.

SE Cc X iON 2 This Ordinance shall take effect upon approval.

APPROVED by tile CITY COUNCIL of MARIKINA on this 12'h day of November. 1997

CERTIFIED:

lI TAE DE LEONSecretary to the Sanggunian

1.12 i31-

ORDINANCE No. 337Series of 1997Page 2 of ...... 2

ik.y f,

ATTESTED:

DEL GUZMANVice-M$or .swding Officer

APPROVED by the Honorable City Mayor on APR 2G 199B

0I O ERaNDO

tJ~~~~~y 'I~~ao

n - 1~~~~~~3d134

XHUMORANDNIJ O (F AGREI:IIE'1NT

KYNOW ALL NIFEN BY TI IlSE PIWUSENTS:

*'lns. MCIIIOTuiIKIIII1ofAgrl.ccui:t, cltercxl ii,.lulii:. (,iii~i. .L'y *.1 iXli. I u9';, ::I NI:;arai:z:i \ltr' .:Nlarii:r,by aud bxtwccxi:

TIQG ENU'EIWUSES, anciltity luly ui,zinizeCd utilJer cxiSting laws wimh niipai .i!es:. a: 1() 5R. Magsaysay Blvd., Saxupaloc, Manila, liercii rcprcscnttcd by its attonrics-iri-fw::t. Mi. Tercsa'niawon nitd Ms. Vicky Dcga:ido, licrchinfler rclcrcm(l I-) ns tic L.ANDO WNI.

arid

THE MUNJICU'AL GOVEIRNMENTOF 0 IAIRIKINA. paubIliC corpoiati.on dily organizeid aidexisting under lPhilippine Lnws with principal address nt Municipl Infll, 1,u ikuina Mletro lnnilanrewresented by its Mnyor, Hon. 13nynni l:. F:cnhiddo. hierenltler rctirred lo as 1;, MtU.NCI('Pl'AI.TlT.

WflNESSElI Il

WI IERlEAS, Oic !umclowiter is tie ow*ncr Jl'n parceultt lnidsirtultedI in tir.: nlutirilpality ofrvirikina, which is miose particularly descrilwti ii 'frurisfek ct cl icatc of' itic ru-u. N- ' 961 7 issuedby the Rtegistry uf D)ceds oof Mnrikina;

WHER13AS, it is lhe policy Of Ithc ,M1 julatlIlV, to eincouragC tIlL- JXIMiiL.:ation ol tileLandowiner ill its hiousinig progiam uderlel tihe Commnunnity olJ:igage fl'.2a:rr oli It's covrnaiumlillitobjective witiin the locality;

NWEREAS, The Municipality would devote the said property in resetLting qualifit.beuceficiaries as provided for in the Coinnniuniitv Mortgage }'rogr;un;

WHEW E/AS, it is tihe mnin objectivw or the mNuicilrneilty to allevinte Or* l:hligit of tiosebelonging to tie low illcoIsIC grotip;

WI HERU.EAS, tie Lautdowier has a,geecl to enter nitl tims arceenieit to hIlp 1! t; Municipalitytni nttainino its objectivc;

.-' WIIEIIEAS, thc hereitn parties liavc agree lo titrrnalizt: tet insit:iai.nal arrautegmentconccring thicir involvcincnt/pirticilpation in the p)rrJeci;

NOW TIIEREI'ORE, for and in comsidmation oi thc foicgoing prcuti ici, ilic :bovc prwticsliereby bind tilheisclves aid apgrc to thc Iollowing te:,i xS and conditiou:s:

ARTICLE I - SCPt . C)l'E or AG(lu-i;N Tl;

1.0 SCOPE OF AGREEMENT - Tlhc policies, guidelines, pirocedures and otilcr condition'p"ovided in this ;1me1ent shall apply to Ilrc rol., resimilsiblillies and obligation:; of thc NMuncipahtc2r

- ' 1+ 431

anJd ilic L[a,ndownier int tc ulinpleniciitalton ol tlie lowing-.

:.1. I *U i{l ncquI3ul ni LK l IC VeOl)IdCII opm Ib. Dincflciarics SciectionC. L,ot awardd. Financing Recovery/Cost lZectiveryc. Project Maintcnancc

ARTICI.Tf 11- PR(OGRANI4 DEiSCIPTION'

2.0 Ibe Co:numiunityMorigagc Progrun is conceived anil pill iito law iinidcr IPA `779 known astihe Ulrban lDevelontment I loisinig Acl ns n delartire from more cotmimvlinafl lI tgrnilding napproaclh inthle seCsC thiat tlhe Colnllunwiity Morigage Programi promotes anud ecournges lie par.ie6puaiomi of tlicqualified bencficiaries in the programn.

2. I The nmiui objective ov thiis project is to imnprove lce rate of low.vincomet slze! er prlfwiSiOInlunougi tie development and iniplconenlatio oftihe Inxiects uider thd Co:nninitt nifortg:ave Program.

AlJ l ICLI' Ill -0131(1IX11ON Of -"I I'PA,\RTIlS

A. MUNICEPALI11T

1. B1cmficiarics sceectiou

a. The Municipality through the vL'irikina Settlcnients Office s%hall 3-provc thosCqualificd under the promgam;b. A set of guidelines slmtl be miade in in ordcerr to outlinie ilhose pcrl i conii idered

1- qualifrid uider tie CM).

2. Liand Acquisition

a. Notify qualified bieficiarie. olftheir Jut allocation inelu.ing, theded:all *:

-t lot allocationi, mai audI pi ice- Community mortgage tal;e-out dOCumunts fior submaissuon mi.d comm;IIunity

mortgace takle-out cointacts for signingi- Gccml tWmnn mxi conditions of xcicu;XU'=v basecd o01 Ltc cens:j.s ;u: vcy, Incomcdat, aafordability criteria .ld in accordancc witl tih appi ovct ;;;ii jes forbencficiary sclcction and lot allocation.

Livelilood Prograrn

L. IdCntify, plal and implenCent liveldihhod dCVeelopmeCnt ptcglan

4. Plhysical Upgradigil

a. lrjqxue Oic overiall ucveClptiai:it plan andl sl;U.imnt lin the ai:ul) )v.! Frite *u.)mVCI ummtagenicics conccrncd,-

, 15 4

b. Facilitate the iurvey ol tle property;

c. Organizc and iundcriake thc rublociAng operationus ii,cluduiLg:

- disLmantling ard removal of illegal cozLutructions- dismrantling or snovxeimezit of stnicttres in nccordaricc with the np proved

developxment plan- relocation or niovenient of quialifiei bemneficiaries- other clearance operations required to facilitate/imp leriwent the . 1 .-proved

dlevelopment planl

5. Estate Manrgement/Projcct Ivsiutesaunec

a. Plm amid implnmet mnwovemy of investnenL/opcrating cost nixd ellcet renitttnnc-e of theloan as per loan agreementb. Deliver or award lot titles to awardees including legal docuitentation neccsmauy tosupport the use, possession nod ownership of thc lot

c. Keeping nnd niniitainitng thte project:

- its functional arrangement and structural somuidsuesshits vitatl systems and facilitieseffective guirlgc colecLioni andu dispxa.l

- landscape maintenance awd overall cleanliness project

6. Other conditions:

a. That the Municipality shall guamrnece that no oilier squattcrs sal11 occupy otlherproperties of TQC) Enterprises anldor properties of the wich thec persons coinprisi;g TQGenterpries arc co-owners in Marikina, Metro Maniln;

b. Tat 1th MuMici yshall assist ltc Lalowner in rscttling and relocal. inczs.-atterspreet m their other Properties located m M1arikin, Mctro Manila;

c. Thafatlertbiiat ofthe Landwn,erhe Municipality shall facilitae thle orocc-ssof reclassification.

B. LANIDOWNER

1. Agme to sell thec above-mentioned properly at Ile price orP 77 50.00 pcr square metcr,

\ 2. To clear the property of any and all licns and encumbrances;

J \ 3. To iuiiatil tle reclassilication or thmc prouxntv il IICCCs.sav :miad I L'u:n:s.:/.C tiecMUiiCipality to faaiiatc tlhc prcess of rvc:l.svuificatiol;

'I.. \ * To ulxdate real cslate taxes or slocl; ta;oa ;ir tax be;IC i'1i,K1 -:; llnl:lmie.

* 16 4'31

5. 1. cxcullic lthz DCCL od :\liAsoliute S;1lC iiL L!:C :%VIlt }I lll O :L:.Ilc:i . lIlgagency;

6. i')l scCJlc Nl 'xt'aolippc nII:ae:inig f()iol tile .Nat.im:l; I Ionic N:rl' tm.imlil:culgCorporatioll.

7. thier ceiidtiion ;.

a. Iliat the l,ki(dowlitcr shlul not be liable l; tre pa-Liucilt (' uIa.l: tax atiddocunicutary tnx.

Tlhis Memormndum of Agrccnciit siall take elTcet inmime;:iately uptn signing.

IN WIlNISS SWIHEREOF, the parties IicrtunJto) 5;et Ilicir huind thlis (6Ii cLv ol f.;pril, 1995,at the Municipality of MarikimLa, Mctro anlanii, Pl'ilippincs.

TQci ENTIERPUSES MUNICU'A\ITYI OFt M ISWCL',,A

fly: By:

TLRESA TUAZON lION. 13H .F. I 1NANDOC)

VICK-Y DELC,3LDO Y

.-- ~~~~~~~~~

A C t NO tW L E D G F r' F UI T

REPUELIC OF THE FHILIPPINES )

MUNICIPALITY OF MARIiKINA ) S.S.

METRO MANILA

EiEFORE ME. a -. r'..-4.. : : . I

CTI, 5 r-I .r, 1. I;. /AT 7 'i_ ';7

fnn uo1 in hashlf tof Tnr FflTrRFF1P" ,;

H. i-ir. . Rj rrr: - ,eIr. :.:. '

irlr Anti III h:1fs th. ; . *r:!h''

t s-BSorqU e-~~1 Fsr fnrlan ninn} l1F1lFMORAlJD.lltls*~*ii' ;l '

Ttli itnstrsompn n. Corn=5it ni C.1 * I * . .)..

includinn th0 pace on which th4v cri nr.J-i ,.:tr¶ :

,j ^~~~ri,tfr.n limIve been sionrinr on e4wch -nnz rJ|' me'F.;r^

t1v thw nar-t 1r;, anr. - nrjl- 1. .:

their frce ar.t and deed.

WITNESS MY HAND AND SEAL .- n lt..... .... * .A_-

i 1 ~~~nArr f l -trrwv 4 stIfn.

i-'c:'t~ __e 'n / 43zP iTF1 B.CASTELO,tt%d~~ ,.; *~ *4 ,NOTAPy ,%- e r.ARY

I~ ~ ~~*tr@*l t8 ;s i@7;9

SANGGUNIANG 'ANLUNLS(;OD) N(G MARIKINAKAi.AKIIANU1 MiAYN11.A

ORDINAt'.NCE' M-1(. 2'69

Serices of 1997

ORDI NANCE a.e-LA\RDI OF- ISr-.}-TLE; MENT .,I TE A .',: 'Em;IA1ENTs R~~~~~~~~~ELOCAWTT OITE'.

IntWroduc,t:d by Councllor IIILARIOI A. PUNZ.ALANs, J.7R

WHERxEA', R..A. 7 -:7:) c .,t r'-now.n U:; !:. Urbrln I)ve-lopmentAct' e' '^"' ainis Lo provld,- houctinL; to Liie unc1i^: -Pv1ve-lcged;

WHEREAS. t-, ;slu-Iieve iL" g c.,l, Llitt ust;tut'~ huz !Iar_ local;i ~~~~~government uriL w£i th the lri;pltmentatien' cif th-:,r-l artie-, ~~~~~ularly it- idienLifyi:n, priosp-C-ex iv; - s i :-3l>il with; ~~~~~the '1resident.l1,1 ULon'riEIir,:- ; tr. Poo:-Lp (PCU'v.) ar,d uXovern-S ~~~~~ment 11i0U.311g i*!lCii{3

WHZRE.^.--A. theQ Ualubtad Ft:.3cE -- 'enLec :,it .;_t- b =LLangayNangiscci at:ay b._ e-Jrzi,d-zriwl Wa- one~ 1.!t tle QWeL. rsfla;,d rloCa-tiuJn zitr f-.,r rel:oitotc,ee) :4qut1s-teer: atirlt uri);,ij, L-22.t- 11.1i Hi;t-PiJUill;

* W-iEEEt.:. l§8:i,; t ;f - '-i._. ha'v¢- a.- -- t ,.l-vr.ezio theirpreferenct, 1;4 permanenl;ly_ -oetLit n _ut Wiroue,h thcco=un;rit3 .b. Lt, h -_^. ;i. I..e-:n.. ie i'-u-1kina r'Ity s e^nt::- ~-

W--HERIZA .,, t;lle fee * i:d o, a.s;rsnu:*:., no-aule;y. anld p.: ,:ali-s Of ;a

better, lift that nitlOjt --f hcze, 3ettlers -enJo:.y -tincf: thelrtr.¢an3f;r L*......, -h: -z11X>. ".!&ft:f;Msa E,tv%: Vs.-1b' .A :it .........................ofthe ;*2 t *'i'' l''y LI;.= 'iLy' ~t-40-%rn,eniL C- L '*.j k Ar. a t o

makae L hun, a:: t .- ; :--nk .1 I} sw*-

tloliT;.;;E_'.''t'-. -'L',--| jntl;s;.; 1; IT!; jiL i;wb ):B;.S Y TIJE

SA! i'Zr,:- !A

^GovY IrnsueAl L fl riur.iiintt. L2:9 Mari-k1iiii.i .'^;-;9 O'_ ;`:30)1. zl1iti ZIIJ_r ".t Le,,:C f iat1iuJn wli1th

the owncr(e 0 of tht: vI.jpie~ h 110 Site tSer tie:ffeut thoimu tie Iri:e be C n-rali;.er u PINZ Ao I , .;l*

Act~ c~.C ~ ~in,.s Lc.-; Y k h. inct L; u o unj.2pieumeiui t

PGovernmen ' tt~ with"!' the (nz2enai* if ,.?, .~'r~~ .ii

SEC:TI-: }2.t-4.n;lr i>lt.^. -_-: C:.;--lllLl tipon

ap1provul .

20; th . :E1 :

cq 3+,

ORDINANCE No. 269Series of 1997Pagc 2 of ....... 2

CEhTI FIEI) CORRlECT:

LO ITA E. DE LEONSecreLary to the City Council

ATTESTED:

DE41 . MAN:;iL:. V ' .- ;J&yr /l" txidiaSs Cfftic~r

APPRO1:1:D 1,v' lon- Irabllo CITY t1AYOR on ._ -

AYAiN. FERNANDO

Republic of the PhilippinesC17Y OF MARIKINAEngineering Department

CERTTFTCA T ON'

This is to certify that the Champaca !Street located atBarangay Pareng, Marikina City' in an existing city road andmay be utilized by the following Commnunity Association asRoad Right-of-way, to wit;

1. Victory Hills Homeowner's Association Inc., VictoryHills Parang, Marikina City.

2. Mountain Hills Champaca Extension'Homeowner's Asso-ciation Inc., Champaca Extension, Parang, MarikiniCity.

3. Nagkakaisang Magkakapitbahay sa Parang Homeowner'sAsociation Inc., Parang iarikina City.

4. Tabing-Ilog Nangka Homeowner's Association Inc.,Parang, Marikina City. '

Ais certification is issued upon request by the above-menz-_nejl Homeowner's Association in connection with theirCommunity Hortgage Program Application from the National HomeMortgage Financing Corporation.

(~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

f ~~~~~~~ITU^-2 i) ~ ~, Cffi ~' t S agneer

C: '99/certific

j DOD NG MAY MABUTING UGALI_CTYOF GOOU CONDUCT)

Sta. Elena . - .n Cily. t.. nrils. 1800 Tel No. 646-2353; 646-2360 Local 219

c2 k 34

CERTIFICATE OF DONA;TION

TO WHOM IT MAY CONCERN:

This is to certify that on December 27, 1994, Agus Development Corporation hlas donalethis municipality a 35,534 square metcr real property located at Industrial Valley, Marikinia, MtMmilamnd covered by Transfer Certificate ofTitle No. 180858 issued by the Register of Deedsthe Province of Rizal.

MIis will certify furdter thal tlhe unicipality has unconditionally accepted tie donationcpesethe appreciation and nr1efulness for the kindness and generosity of said Agus D)evelopnCorporation.

Marikina, Metro Manila, January 4, 1995.

UIlNICIPALITY OF VIARHIONABy:

...........

HON j NDO' Mayor)

..

I~ ;

.. *.

a . @* _ .

Rt* -^T EIAJ..l.'t) 1C(J (Ai lh I i' ..La *-_VJIAC;VU x.OW&.OG lMb . 2 2du34

. .~~~~~~~~~~~~~~~~~~~2

DEED O}' DONATION

KN6OW ALL, MEN iBY UEmsrE H{Bsl.4jT:

Tlii DeL'd olDor:itlioll, eliateed itjto by alndl leI%V0il:

AGUS DIL\LLOPMIrlNT COIW'OrlATION. acorpora1tion daily orSpnizted mid exjisIigg unclkr ;uui 1(,' tj:i1tituoftOle l;aws ol pa t;el)wpblic olttv; f'1i il1pilins, (Incmictlci :arildwilit bu5siIsIs$ u(ldr-SI ati Scotil Sauititkgo cvnaer MlalralhollIr'oots. Diliiui:ui, Quozoaa City. rep)reseulted in (lais iaastluwceby ils Vico President, \'ALTANT1k' P. LOP'lIM. hwroinlakrTfrreel to as tMe DONOR;

-ual-

MtIINICWIPAGTV OF MAIVJAI KIN.% a locnlgovetnueuIt wultil oxisliiagR uwdr (lie laws otl Ile Reptublic oltho t'1hilippitios. widt poatil dress *t the &Imicil:Il llallof Marikina, Metro Manila, represutLed in tlais aiwt by its.daily ollecedl Municipral .Mnor. BAYANI V. I10MNAND)).h-oeinu4ler rolerredl t) Iw ltl; ONM)C)NE.

1 iat the 1. DONOR ir lije ow er in rf kaumple orea Cortina jaarise oC kuald aillauledlut Izdustriul Va3ley, Murilzinu, Mietro Manila, coutaining ai arou or. 35..34 aquzualnmeters, coverod and mrbraced by 'rumsfer Certificate of Title bNo. lh0858, is"-iel bythe Re'.ister of Doeds tor Marikin;a. lvotro Mdamila tdie tochlical idescription nt whiicih&rQ as follows:

I1 RANSITAi':l (.11IcVl-l'CAT P,10 TITLE, NO. 1:311345%8

-------- arpxl or imad (Lot No. 49-C-3-E-4-A of tla%-1111div;:;ioI P1l:UI (1.P.(Z) PmNd-i56038* IlJ;m, a 1otlIoI 1 Ol 1'19-C-S-'.s l st.scrirbo'd on phui Ptsd-cI247. lUl0 (GL10)Rec. No. 702). lsilhljed in lio Mlwi. of Mau-ikin;. l'rov. ofRizu1. Boutuhtd ou thw NE.. points IS to i uaid I to 2 by Lutl/J9-(-3-1). 1Rld-573S (filwv Mnmilu Electric C:o.)- ou tie tSE.poils 2 it) i l v Ilie Muriinu River. ust 11he SV.. p)ints i6 to7. by Lvt 49-C-3-1E-4-1 or tho .ubdivitiioa pla. miid o3) IlueNW.. p)oinits 7 ?lo 8 bv Lit 49-C-3;-E-;. P)sd-18217 (.'AgIlaT11,170 11')-'- T. - r.uiijinng nti sire (if*flIIRT'V 1:1 \'E d-4fJ1,;\ND) F:IVi. MJN03:1:'' AlND)

/~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i lost..-i-.*;-;

MJ11a: ;:r: Ul ;11t f hil@..i :llty ;Uail Pg-:ml.'iai ' 1:: I ON il} I'rcl. calnit::zily :atl-. - t:r -,ill IcofllVCya, by WVIY of' dolTm:liCnl. Iujlo ':iitl0NV(:. ii'- ltlir!:.

Dccd of Pagc 27

1liai Uia DONOR hv': roby s;tla.X ror Ill. puilowe of.6sivia,w full k lThvt ;.nd v;&IidiI.

to Ibis clonatiois. thil li1e h rc-iccrved lbr himseIrsuflicienz l;rolerty, in fuill otvwie 4iuipor in usu1iucl, wvhiril irt IIccssm)' iiil :1tdlidt:Ib lblb Iti %tthljlIoI ill I:C1fgliHI(' 1Vili- Ii,--

titunditgS int societv.

'h11m: Ihe D)ONORt fttilter states fbr I1ti samno ptif)ose as expressed in tlhe

i)rt¢czliig pumgragrupli. 11l11u thlis ilimijon is not ntittk ad l, ntjet 'Ibmd,:tvi Iwha

. vdsi>;. almviqL ros;%srvoJ lo lliaaisol' j)po3)ponlry falicioitl 1;m Ili. Aklmitnu d pIrior

to th1S u1'

1a;4I die DON1XE lheyaly roceivv e id iaccoplis gaiiv gcit d dual clasiouail 18:uI it lix

r:avor by the DON01t, .:uul he licrclly cxpresscs his :ppreciuiion vid gr;atruiuncss Jbr Ik.mkindums; and Scnvrosity of tht, 1)oQNlt.

UN wrnNr;:s Wi1imoxP-o Ihe DONOM'R madI lIw DONTIZ Ibav lrie wuiinml:scmribed tilhir nam:vsat Murikitra. Metro Nmiln m Int tIti 27 Ii d;ay of Drmlmetr.1994.

MUIiCHIALrl7- OF MIARDINA A GoUS DM;WEtO, M1iT 2t )RPQib'N(DOAN =) , (DLCNOW)

TN: _________________ TLN: 000-391-199fly: 'By:

1t~~2UAN< A1.AI

\1 t" il)hn16S° Vice lrcut

*SI( iiil.i:l) IN 11; '17:.'ld .I'N: C11 1l:9

e~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ * 'I', r

t '.:rv-0 s*:-: * :;l :

.Dod ofD Ao ;. Pngc 34..

* ~~~ACKNONVLEI)GMJCNT

REPUBLIC 0F"THiPlLl1'PJNZS)ClTY oF QUEZOCN ).s.8.

Personally apparcd blfor MC, a.Notzxry Public in and for Quezoni Cily. ,IWol o

ianila, tlio following perron;, exlhibitiiiS to me tlhcir reSp'ective CoTtniunity T-,vCertific&Los, to wit:

AgUs Dcvelopumont Coip. 0)o0U766 18n/94 Quezon. Cit-,Vliaante P. Lopoz 3607896 2128194 tueyon City

Mwuicilwity orMurikiiiaBuyanli I:. Ferando

Mt4772 1/17/94 1(,j" R.R.uall kuOWni to nit tid to mv? kiown to b~ tle smieV pIrsous whlo executed llte foberjitwinsiunjewu0t aud hloy QinkowlesJod to uio tht 11w 1auwaa ;Sre tlwir Ii eo al oui d deeod a.wail 3a thoe fcc act ind ded of tic corporation wihichi they represeuts.

MIe forogoing instrument, coisisting of tiure (3) pagmex includigtlsiis paewiholN00wa thl; ackMow4S0ugeelaoit uppoareF, is iigaod bvy l5o. pI;uIiot iwludi;ik tliiris4irumuntal witucsses on euchl *nd every pugo t.herooC

lN WrINESS Wil-oEiOF. I Wave horwuito sigU thisi dociuillwit and ntlixcd m11ynomriWl voal at Qu¢zwu City, Muiro Mlwiilu, Lhis. dav. N .1994.

, OTA PUBJ * tU~~~~~~~~~~~POieltOc(uLf 1uV9__

PMR 4Jo. 1196772-,94 Q.C.lap Ue. )65679-'94 Ca.UJsduaA

Doc. No.

\BoukNou.S%%orics of 19 '

.5- .-... B ok.C...........* * _ * t ,3'-? ' k T-? 621page .. 1a.....

._~~~~~~~~~~~~~~~~~~~~~~~~~~~~5

No. 45 411 5 REPUBLIC OF THE PHILIPPINES. No- ~ J / ' 1 DPARTMENT OF JSTCE

QUEZON CITY* 5 1 M~~~~~bARUINI~A METO. MANfLkA

t REGISTRY OF DEE)S FOR THE ............. _.................

- Wranifer QIrtfifirate of *TitieR ; - * o _3~~~~in7- ha

~.I *-^"-T .)

S .4 I-^t j YbEiR Ko~at.~Iy j~ hsitued i. the.- , _ ; ......................... ';.' ,8 boundanddescribed as follows:a.u;A parcel, of land.,Cot 49.,.3_E K4.-A f:o ithO sttbd. -plan. tLRC) Psd.S 'b3i beon a poxtibn of.ot. 4...L3.,tL4. descr bed on plari Pad-¶t tB247 wx~c (RC: .RdLRb: f NOt .7672)., situet*d.in*the Mun. of.Mariid.na;s.Pr l, Of -Rial ...BoUnded don 1he: N ,,pta .8 ' to 1 1. to 2 by Lot 49* .3_,Psd&.5735 (The.Ma la. 1lectri ± .C.). -,. ̂ the Sr,i pts. 2 to 6

.. I1<<a:Marikina River; r on the SW., pt 6_t 7. by Lt .49.G-3_B4-3:b .ihe -sitbd. plen: f on thSesWd. pts* '. 1, B .y Lot E49l.3-b3 Psd

18t4'Z (Angela Tua4oitY Beg nting r 't. marked "1" on plan, bein.go 64 deg't 33'W , 1615.22 mI ,bf 1, U .° , Har±k1a (OV:R)

1 . egishterd in accordance with Ihe provs o C aroperty tegusrauon DcerA m Ie ns ame oJ

Z NICPAtI=TY 0F MARIHMNA, a local govermimet unit existing umder5' . .I ' the 1aw .of th& Phnilppines.

l SE.a{2s owner thereof in feet simple. subject to such of the encumbrances mentioned' in Section 44 of

- .t j aidDecreasmaybesubsisting.ndt * t

5; " ': 0 - ;PS ^; v BS P ~~3rdIT iS FU I CE tERTIFIED that said- land was originally ?egisteved on thq. -- ' ---- day

rff: ° -..L. in the yeor nin-teen hundr4unnd...............................-Regitruagon oa k ofthe Office of *hw Register of Deedsr ..........! L 7oludAw.page...... 3.? as Original Cerifcatae of Tile o. psuant to'.Dccrec No... ..issued in L R. C ... ....... .. R.c.....o... .... _. in the name of ....

This c,rtifcate is a transfer from ................... M.e Ceriflcate of Title No. whichis eancclkdby virtue hereofin sofar as she abore-describedland is concerned.

Entered 1a:Mrikcina#1 Metro MsarilaPS~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~nee a ... . . ''......

: . ~ -* Philippines; on.alhe _ dryf ........B h.f ................ ,l( .:) in ehCcn hundred ad eY1

bSt~~~~~~~~~~~~~~~~~~~_ ai . .'.''..*.*

R 4*X ~*- - ; 5-- s-)

±Oi64lpe. NHalld*.tMi4rikina, Met2. . ED A * SANTOs~~~~~~~~~. .......... ..... --- ------ .................. ... ... .(Owu,cra p58Isddts big (eisi£~

; tatc thc (civir status. namc ortspousc i married, age if a minor, citizcnship and rsidcncc ot theregistered owner. If the owncr is a married woman, state also the: citizenship or her husband. ir the

' land is regiiered in the name ot the conjupgl partncrship , statt the citizeAnhip orboth spouses.

-2 -34.,

.. . .....................

MEMOIRANDUM1 OF ENCUMBItANCES(When necessary usc this page for the conlinuanian of lhe teclinical description)

W .. .. *. /I hy .* No. ' ................

1 RIl thnaae S. 3' deg. 43'E. 103,91 `m. to..pt. 2p thir' S7' de, -Wil 01 m. to 'pt.'3, 4heinoe 8. 36; deg 00'W

.. to pt9.-4t 'thnmee S6 27 degt 1'5W., i .109*00 to pt4 5S, 30 .d* .I6EW-., 34.0D m4. to .pt, 6 thenoe No 6 deg, 15'I03.. to pt..'7,."thence N -58 ,deg.34E.. 1i5.33 mo to pt.B- -33 degi.43'E.; 14,30om. ts the'pt Or beginn g catagarea.of 0THRTY7.P:VE. TIUSAND..: 'E HHLNDRED TMRTY LR Qr,.' SJARE.I4E:TERS, mor'e or*leas. Al= poPint-refezed to are Ion , -:the nd arid ei marked on0 the gr4ond at r28eVs pointby Q :P.L.S.CyI.Conoq M- 21. 1.5ix6.0'*.ci. points- 6 to 7 t

rs Cy, Cozic. MNo .; 1 5x60 ansv, -st+d-the re C)LfStekces 7 j aty9ey date- of original .urvey De. 19 .- Jime 191l and tMa

subd.iturveY Oct. *-18_.22 an5 SNx , I.,4v 1965 end .March 22_25

.SANT' '- otIsReg.

0*~~~~~~~~~~~~~~~~~~4

I t

,^.

(Memoranadum oJ Encumbrances continued on Pa.ge _..:. -. .................. _-BJ)*:^ fFehnicalDescription, continued on Adiditional Sheet . ..................... Pg

8.~~~~~~~~~~~~~ . J

B.2 * / ~.' *...-~......... ' >, e ! : ~~~~~~~~~~~~~~~~~~~~~~~~~~~REJ!sr, u of D.dt

(vI STA. RKN

MARI LAG

-. '. ~~~~~~~~ ~~~CALUMPANG

~~~ R~~~~IDG mw

-I.~~~~~~~~~~~~~h

~~~~~~~~~~ -~~~~~~~~~~~~~Ac

*~~~ ~~/ *1~~~ ~~ { ~PA G1ANTOLAN/ 6 .

a'. 4

- II~~~~~~~~~~~~~~~~~I

LIBIS ~

.0 .0,0 .f

% ... % o 0,,, ~~~.0 .... .* ,

O... .. ... lo .... _, _ . _ .

_______________ , ,- VERIF.ICATION 6

/, S P LAN_____ ' n.o: OF LOT 1t-C-5E-1-A, (LKC) Fed. 5G038

S 4 5X; w /2 '7 AS SURVEYED FOR0 C ,c' A J37: AGUs DEVELOPMENT CORP.

J / ,9, .7 , o SITUATED IN THEBARANGAY NO. . ............. ZONE NO ...... .BARRIO/I O OF: CALUMPANGMUMUNJ OF: IAARIKINAPROVINCE OF: RI Z A.LISLAND OF: LUZON

CONTAINING AN AEA OF 35,534 SQ. M.BEARINGS: TRUESCALE 1: ZOOO

I Ofp\ SnS SL, de atorvl pim o1f La. tt mwvt\aUet secordsom uiLA. Mo \ ee_ ek V Aot. and eorngpdW" MevWMi mnbmSdod to L. 3we'o of Laud,; LUZ LA|

of MU SI.d *not 0 1b5Wd tprom actuaL mi.' -.. ~~~~~~~~~~~~~bmv*inna 0, IAa prop.rtr yAo. bounudmiga *cmte inmged

so mei & amdminbt of Ass %ao eadpsdnin

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IResettlemeiits of Squatters in Pliase 11, Sunflower and Agus Olandes:Industrial N'alley Complex Marikinia City

* Issue on tile Security of Tenure

T'here are about 450 squattcr families affected by the resettlement in the above mentionecdcommunitics. Of the 450 squatter families, 247 were resettled by Marikina Settlement Office(MSO) in a 1.4 - hectare lot owned by San Migucl Realty, Inc. in Parang while 62hotiselholds were resettled in Nangka Balubad Settlement Site, bothl located in Marikina City.The rest, in their own capacity, preferred their relocation in Montalban, Rizal, witioutassistance from Marikina City. The two (2) resettlcmcnt sittare owned by private pcrsons.

The 1.4 ha. San Miguel resettlement site has already a Memorandum of Agrcemcnt (MNOA)between the LGU, the PAF's and the Owner to sell the property for resettlement. The saidresettlement site is now under the Community Mortgage Program (CMP) at P1,000 - persquare meter originated by the City Government of Marikina for application to the NationalFloome Mortgagc & Finance Corporation (NHIMFC) undcr 25 years payment schenic.Declared as settlement site through a City Ordinance No. 331 Series of 1997.

The Phase 11 Balubad resettlement site on the other hand where the 62 fiamilies fromIndustrial Valley Complex (IVC) were resettled will undergo a Direct P'urchase Scheme withthe TQG enterprises (lot owncr) at P750.00 per square meter, with (he interventioin ol'Marikina Settlements OMce in formnalizing and documenting said endeavor. 'I'he Balubadresettlement site is also declared as a permanent relocation sitc thiroughi a City Ordinance No.269 Series of 1997.

After the peaceful resettlements of the squatter families, the bulk of challenge of Marikinanow is to develop and improve the lives of the program beneficiaries. To provide them basicservices such as lights and water, infrastructure such as roads, alleys, drainage system,sanitary provision and more importantly to give the security of tenure to the lots occupied sothat they may live with dignity of being lot owner and no longer squatters. T'hese are theprime concerns of Marikina Settlements Office (MSO). The resettlement of squatters inMarikina City is a responsibility tasked to MSO. With a defined objective of"Squattcrs IreceMarikina 2000," the office was created on February 5, 1993 by thc City Council Icd byMarikina City Mayor Eng'r. Bayani Fcrnando, in accordancc witlih Ile national govcnimctdeclarationi that the period 1994 - 2003 be the Dccade of Sheltcr for All and iUrbanD)evelopmcnt and Socialized Housing.

THE RESETTLEMENTS OF SQUATTERSIN PHASE 11, SUNFLOWER AND AGUS OLANDES;

INDUSTRIAL VALLEY COMPLEX MARIKINA CITY(A Success Story)

Resettlement of squatters is considerably a vital thrust of the government, from

National to Local level. A vital thrust of government to relocate squatter families from

danger zones and areas to be affected by.government projects to resettlement sites where

better life should be initiated. As such, were the eviction and relocation of families

occupying Agus, Phase II and Sunflower in barangay Industrial Valley Complex (IVC).

The demolition and relocation operations affecting around 450 squatter families in

the above mentioned communities were undertaken peacefully without any casualties

from March 24, 1998 that lasted until the first week of April of same year, with the

alliance of inter-agency committee namely; DPWH, NHA, PNP, CHR PCUP, local

government of Marikina (primarily its Settlements Office) and other concemed national

agencies to realize two objectives. These are; (1) to comply with the mandate of R.A.

7279 to relocate squatters in danger zones such as flood prone areas or river banks and

(2) to anchor certain relevant infrastructure project of the Department of Public Works

and High ways (DPWH) known as the C5 By-Pass road project designed to lessen traffic

problems benefiting motorists from focal urban points of Metro Manila and Rizal

province. This road connects C5 Quezon City , Marcos Hi-way and A. Bonifacio

Marikina.

The aforesaid project is a relevant project of. the DPWH pursuant to the

component of Philippines 2000 launched under Ramos' Administration, to address traffic

incidence in our ride to economic development.

Prior to this, the inter-agency committee launched various activities in line with

the demolition operation to comply with the provisions of R-A. 7279. Series of

dialogues/meetings and issuance of demolition notices to the affected families were

made to enhance their awareness and preparation to the said operations since early 1994.

Out of the total magnitude of families affected, the City of Marikina through its

Settlements Office initiated -and accommodated the resettlements of 309 families to its

resettlement areas namely San Miguel Realty (1.4 has.) located at Barangay Parang and

Nangka Balubad located at Barangay Nangka both parts of Marikina as contained under

3243+

A total of 24.7 families were relocated to San Miguel Realty and 62 families to

Nangka Balubad.

After the peaceful undertaking from actual dismantling of structures to resettling

squatters to various resettlements areas, the bulk of challenge of Marikina now is to

develop and improve the lives of the program beneficiaries. To provide them basic

services such as lights and water, infrastructures such as roads, alleys, drainage system,

sanitary provision and more importantly to give.th securiyof tey ure. to thelots ocypied

so that they may live with dignity of being lot owner and no longer squatters. These are

the prime concerns of Marikina Settlements Office (MSO).

The delivery of individualized electric facilities in the mentioned sites Were

already completed through the Depressed Areas Electrificatibn Program (DAEP) of

MERALCO while all other projects such as infrastructures are not yet completed but

given priority to the year 2000 budget.

In the aspect of land tenure security, the San Miguel relocation site is now under

the Community Mortgage Prmgram (CMP) at Phpl,000 per square meter originated by

the City Government of Marikina for application to the National Home Mortgage and

Finance Corporation (NHMFC) under 25 years payment scheme.

The Phase II Balubid resettlement site on the other hand where the 62 families

IVC were resettled will undergo a Direct Purchase scheme with the TQG

.ises (lot owner) at P 750.00 / square meter, with the intervention of the City('01. n s Office in formalizing and documenting said endeavor.

ncluded demolition and clearing of squatters in barangay Industrial Valley

was indeed an opener for a certain relevant infrastructure projects to :ake

'a would support the country's drive against rampant 'Urban Traffic

E of the nation's economic development. As well as indeed, a great

'ion of Pres. Erap Estrada's program "Erap para sa Mahirap".

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ATACHMNT a

NATIONAL ROADS IMPROVEMENT MANAGEMENT PROGRAM

POLICY FRAMEWORK

FOR

LAND ACQUISITION, RESETTLEMENT ANDREHABILITATION

Department of Public Works and Highways

Manila, Philippines

November 1999

TABLE OF CONTENTS

1. Introduction

2. Definition of Terms

3. Objectives and Principles of the Resettlement Policy3.1 Overall Philosophy of the Resettlement Policy3.2 Principles of Resettlement

4. Institutional and Legal Framework4.1 Institutional Framework4.2 Legal Framework

a) PD 170 (Revised Highway Act)b) E0113 (1995), EO 621 (1980)c) EO 1035d) PD 1818 (1981)e) MO 65, Series Of 1983f) Supreme Court Ruling (1987)g) DO 142 (1995)h) RA 6389i) Republic Act 7279 (1992) and RA 8368 (1997)j) AO 50 (1999)

5. Compensation Matrix

6. Application of the Participatory Process to the Project Cycle6.1 Project Preparation Stage

a) Pre-feasibilityb) Feasibilityc) Finalization of Technical Design

6.2 Project Implementation Stage6.3 Post-project Implementation Stage

7. Institutional Requirements of Resettlement7.1 DPWH

a) Environment and Social Services (ESS)b) Regional and District Engineering Offices Of DPWH

7.2 RAP Implementation Committee (RIC)7.3 Grievance Procedures

8. Roles and Responsibilities of DPWIH, the LGUs and the Communities

9. Costs and Budgets

10. Indigenous Peoples Guidelines

ii

Resettlement Policy

DPwH

1. INTRODUCTION

In view of the archipelagic nature of the Philippines, the transportation system plays a crucialrole in the integration and development of the national economy.

The Departnent of Public Works and Highways (DPWH) is responsible for the national roadnetwork, while the rest of the road network (provincial, barangay and municipal roads) ismanaged by the respective Local Government Units (LGUs). The road system of the Philippineshas an aggregate length of about 190,030 km, .of which 27,912 km are national roads while therest are provincial, municipal and barangay roads. About 20 % of the total network is paved; thebalance is gravel and earth. Of the national roads, 61 % is paved. Upgrading, rehabilitation andimproved maintenance therefore are the main challenges for the road sector.

The Government of the Philippines (GOP) is presently embarking on a major institutional reformprogram for DPWH under the Medium Term Development Program (1999 - 2004). TheAdaptable Program Loan (APL) approach is being proposed. Under this approach, threesuccessive phases over a nine-year period are recommended. This will provide a logicalframework for the World Bank in extending a sustained support program to the GOP relative tothe country's long-term road network development and maintenance program.

Dubbed as the National Roads Improvement and Management Programn (NRIMP), its overallobjective is to achieve effective management and financing of the national road network, thecompletion of this road network to all-weather standards, and the preservation of the sarne tosustainable operating conditions. Under NRIMP Phase I (or NRIMP-1), the following outputsare being targeted:

a) develop and adopt new/improved organizational structures for more effectivemanagement and financing of the national road network;

b) develop and implement priority road information and management tools;

c) implement priority road upgrading, rehabilitation and maintenance works; and

d) work for improved quality and capacity of the road construction and consulting industry.

Indeed, one very significant concem of NRIMP-1 involves the strengthening of DPWH as aninstitution. Among others, this calls for the strengthening of the environmental and socialcapabilities of the Department. Moreover, DPWV is aware that in the pursuit of its infrastructureundertakings, the following key social concems will have to be squarely addressed:

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Resettlement Policy

DPWH

a. Inv6luntary Resettlementb. Public Consultation and Participationc. Protection of Marginalized and Vulnerable Groups

DPWHIA will undertake during the pre-feasibility and environmental screening stage of projectpreparation a Social Impact Assessment (SIA) exercise and Land Acquisition Assessment (LAA)to study the types, degree and scale of impacts of the project. Particular attention will be paid toadverse impacts to the affected community, such as loss of land and other fixed assets and thenurnber of persons marginally or severely affected. Where possible, appropriate modifications tothe project will be made in order to avoid or minimize adverse impacts. However, if adverseimpacts are inevitable, appropriate mitigating measures will be adopted precisely for the purpose of

iinimizing foreseeable socio-economic effects that a project will have on the people. To helpensure this, a resettlenent action plan (RAP) will be prepared for all road projects to be undertakenby the Departnent under the NRIM.

Parts of the national highway network of the country traverse areas that are inhabited mainly byindigenous and tribal groups. Thus, in the event that the majority of affected people on a roadlink are indigenous peoples, the Resettlement Action Plan (RAP) that will be prepared willensure that the same is in harmony with the socio-economic practices and preferences of thepeople.

In view of the foregoing, DPWH has formulated a comprehensive Land Acquisition,Resettlement and Rehabilitation Policy, hereinafter called as the 'Resettlement Policy', to govemall NRIMP projects of the Department relative to land acquisition, compensation, andresettlement of project-affected persons (PAPs) and vulnerable communities.

This Resettlement Policy will, therefore, aim to achieve the following:

a. Adverse social impacts of road projects are avoided, minimized, and/or mitigated;b. PAPs are provided with sufficient compensation and assistance for lost assets which will

assist them to improve or at least maintain their pre-Project standards of living; andc. Everybody will benefit from the projects.

The LARR Policy will serve as the overall framework in the preparation of RAPs for projects tobe implemented under the World Bank-assisted NRIMP. Included in this policy are the principlesand objectives used; a rundown of existing legal, regulatory and policy framework within whichthe Policy has to operate; compensation matrix; general procedures to be followed to ensurepublic support; and, provisions for internal and extemal monitoring.

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DPWH

2. DEFINITION OF TERMS

a) Compensation means payment in cash or in kind for an asset to be acquired or affected by aninfrastructure project at replacement cost as provided in Section 2.i below.

b) Cut-off Date is the date of commencement of the census of affected persons within theproject area boundaries. Persons not covered in the census are not eligible for claims forcompensation.

c) Disturbance Compensation is the compensation amount paid to lessees of agricultural landseverely (i.e., >20% of the land or when the land is no longer economically viable) affectedby the project equivalent to 5 times the average gross harvest during the last 5 years (RA6389 and EO 1035, series of 1985).

d) Financial Assistance is the cash amount paid to agricultural tenants/settlers/occupantsseverely affected by the project equivalent to the average gross harvest for the last 3 years andnot less than PhP15,000 per ha (EO 1035), aside from the cash payment/compensation oftheir crops actually damiaged by the project. It may also be given to owners of the landacquired under CA 141 for the area of portion subject to section 112 thereof.

e) Inconvenience Allowance is the amount given to each PAPs who holds full title, taxdeclaration or some proof of traditional ownership (such as usufruct when the PAP belongs toan indigenous community), to the land where his/her severely affected house stands and whohas to shift elsewhere.

e) Land Acquisition means the process whereby a person is compelled by the GOP to alienateall or part of the land he/she owns or possesses, to the ownership and possession of thegovernment, for public purpose in return for a consideration.

f) Professional Squatters (as defined by Republic Act 7279) applies to persons who havepreviously been awarded homelots or housing units bv the government but who sold, leasedor transferred the same to settle illegally in the same place or in another urban area, and nonbone fide occupants and intruders of lands reserved for socialized housing. The term alsorefers to individuals or groups who occupy lands without the expressed consent of thelandowner and who have sufficient income for legitimate housing. This definition excludesindividuals or groups who simply rent land and housing from professional squatters orsquatting syndicates.

g) Project Affected Family (PAF) consists of all members of a household residing under oneroof and operating as a single economic unit, who are adversely affected by the project. For

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Resettlement Policy

DPWH

resettlement purposes, Project Affected Persons (PAPs) will be dealt with as members ofProject Affected Families (PAFs).

h) Project Affected Person (PAP) includes any person or persons, household, a firm, or aprivate or public institution who, on account of the execution of the project, would have theirright, title or interest in all or any part of a house, land (e.g., residential, agricultural, andpasture), annual or perennial crops and trees, or any other fixed or moveable asset acquired orpossessed, in full or in part, permanently or temporarily.

i) Relocation means the physical shifting of a PAP from his/her pre-project place of residence.

i) Replacement Cost as determined by an independent appraiser hired by the project or by acourt of law as compensation for:

i. Agricultural or residential land;ii. Houses and other related structures based on current market prices of materials and labor

if the same were to be re-constructed with no deductions for salvaged building materials;iii. Crops based on current market value; andiv. Trees and other perennials based on DENR or those of the independent consultant's."

k) Resettlement means all measures taken to mitigate any and all adverse social impacts of aproject on the PAPs, including compensation and relocation as needed.

I) Social Assessment is a framework for incorporating social analysis and participatory processin project design and implementation.

m) Squatting Syndicates (as defined by RA 7279) refers to groups of persons who are engagedin the business of squatter housing for profit or gain.

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Resettlement Policy

DPWH

3. OBJECTIVES AND PRINCIPLES OF THE RESETTLEMENTPOLICY

3.1 Overall Philosophy of the Resettlement Policy

The Resettlement Policy of DPWH is anchored on the philosophy that government projects mustserve the common good. However, in the design and implementation of such projects, all effortsmust be exercised to ensure that:

a) Adverse social and physical impacts are avoided, minimized and/or mitigated;b) Everybody, including PAPs, will benefit from the projects;c) PAPs are provided with sufficient compensation and assistance for lost assets which will

assist them to improve or at least maintain their pre-Project standard of living; andd) Project stakeholders (which include PAPs) are consulted regarding the project's design,

implementation and operation.

3.2 Principles of Resettlement

The following principles will be applied in this RAP:

a. Acquisition of land and other assets and shifting of people will be avoided or minimized asmuch as possible.

b. Only those PAPs found to be residing in, doing business, or cultivating land, or having rightsover resources within, the project area as of the date of the census surveys (i.e., cut-off date)are eligible for compensation for lost assets

c. In following with the objective of the resettlement policy that displaced persons will beassisted in their efforts to improve their livelihood and standards of living, or at least torestore them to the pre-project level, supplemental assistance, as provided for by law, inaddition to zonal value + 10% (AO 50) will be provided to affected landowners (i.e., forresidential, commercial or agricultural land) to enable these PAPs to have land replaced tothat level. For calculation purposes, the supplemental assistance would correspond to thedifference between the zonal + 10% and the replacement cost of the land to be based on anappraisal of its fair market value. The market value would be deterrnined by an accredited orlicensed independent appraiser who works in accordance with internationally recognizedstandards. Proof of ownership over a piece of land may be established through possession ofa title or tax declaration, or customary law (e.g., usufruct, possessory rights) or otheracceptable proof of ownership.

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Resettlement Policy

DPWH

d. In the event that the PAP rejects the compensation package (i.e., 'zonal value + 10%' andsupplemental assistance, when applicable), being offered by DPWH, the Department willinitiate expropriation proceedings, using the procedures spelled out by AO 50. Moreover, thewhole amount being offered by DPWH as compensation will be deposited in an escrow toallow the Department to proceed with the works. The PAP will receive the amount that thecourt will decide as replacement cost for his/her affected property.

e. If the PAP rejects the amount being offered by DPWH as compensation for other affectedfixed assets (e.g., main structures and/or miscellaneous structures, plants and trees ofcommercial value) and the case is referred to a court of law, the Department will deposit inan escrow 100% of the said amount to allow DPWH to proceed with the works. The amountof compensation that the court will decide on will be paid to the PAP within one (1) monthfollowing receipt of the decision of the court.

f. PAPs losing all of their fixed assets (e.g., farmland, house), or incurring partial loss where theremaining assets are determined by competent authorities as not viable anymore forcontinued use, will be entitled to full compensation for the entire affected assets atreplacement cost. The DPWH will assume ownership of the said affected assets uponpayment of full compensation therefor.

g. In the case of PAPs affected by partial impact on their assets, i.e. partial loss of land orstructures, and where the remaining assets are viable for continued use, compensation for theaffected assets will be paid in cash.

h. PAPs who are on the ROW and who are not "professional squatters" will be compensated foraffected structures but not for land.

i. If not otherwise stated, the modes of compensation are as follows: (i) compensationequivalent to the amount of materials and labor to re-construct a similar structure for housesand other fixed structures with NO deductions for salvaged materials; (ii) compensation atreplacement cost for the loss of other fixed assets; (iii) compensation for the affected land inthe form of land of equivalent productive value at a location acceptable to the PAP, or if landis not available, cash representing the market value of the land; and (iv) disturbancecompensation to lessees of agricultural land affected by the project equivalent to 5 times theaverage gross harvest during the last 5 years (RA 6389 and EO 1035, series of 1985).

j. DPWH will provide the following additional resettlement assistance to eligible PAPs:

i. Granting of financial assistance (also referred to as subsistence allowance) of PhPI 5,000each to PAPs whose agricultural land, which are covered by a full title, tax declaration orsome proof of traditional ownership (such as usufruct when the PAPs belong to anindigenous community), will be severely (i.e., total asset lost) affected.

Pige 6

Resettlement Policy

DPWH

ii. Granting of financial assistance of PhP1 5,000 each to PAPs doing business on severely-affected main structures (e.g., store, shop, warehouse, and similar structures) which areconstructed on lands that are covered by titles, tax declaration with full title, taxdeclaration or some proof of traditional ownership (such as usufruct when the PAPsbelong to an indigenous community).

iii. Granting of inconvenience allowance of PhPI0,000 each to PAPs who hold full title, taxdeclaration or some proof of traditional ownership (such as usufruct when the PAPbelongs to an indigenous community), to the land where their severely affected housesstand and who have to shift elsewhere.

iv. Granting of rehabilitation assistance in the form of special skills training or otherdevelopment activities to PAPs whose only source of income are severely impacted andmay have to engage in some other income-earning activities. This rehabilitationassistance may also be granted to vulnerable groups, like indigenous peoples, women,elderly, etc. DPWH will coordinate closely with concerned government agencies whohave the mandate and the expertise to undertake rehabilitation assistance, such as theconduct of skills training.

v. Financial assistance to agricultural tenants, settlers/occupants, cultural minoritiesdisplaced from their agricultural land (i.e., severely affected) equivalent to the averageannual gross harvest for the last 3 years but not less than PhP15,000 per ha (EO 1035),aside from the cash payment/compensation of their crops actually damaged by the project.It may also be given to owners of the land acquired under CA 141 for the area of portionsubject to section 112 thereof.

vi. Provision of transportation to PAPs who are relocating, including shanty dwellers inurban areas who opt to go back to their place of origin (e.g., province) or to shift togovernment relocation sites.

vii. Granting of transitional allowance to house tenants of affected main structures who willhave to find a new place on account of the project equivalent to one month rent of asimilar structure within the same area;

k. Replacement residential and agricultural lands will be as close as possible to the land thatwas lost and/or acceptable to the PAPs. All replacement land for residence, commerce andagriculture will be provided with secured tenure status.

1. Where relocation is considered necessary, the lot owner of the proposed relocation site willalso be entitled to compensation for his/her land. The receiving LGU (i.e., the LGU underwhose political jurisdiction the relocation site is located) may apply for assistance with

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Resettlement Policy

DPWH

DPWH for the provision of basic services, such as street lights and improved access road, forthe community where the relocation site is to be constructed.

m. Plans for acquisition of land and other assets will be carried out in consultation with thePAPs who will receive prior information of the compensation options available to them.

n. Where cultural minorities or indigenous peoples are affected by the project, the social andeconomic benefits they receive will be in harmony with their cultural preferences and will bedecided in consultation with them. (See Indigenous People's Guidelines).

o. Any acquisition of, or restriction on access to resources owned or managed by PAPs as acommon property will be mitigated by arrangements ensuring access of those PAPs toequivalent resources on a continuing basis.

p. Resettlement programs will include adequate institutional arrangements to ensure effectiveand timely design, planning, consultation and implementation of compensation andresettlement. DPWH will ensure effective coordination with relevant agencies for theimplementation of the resettlement plan.

q. Adequate arrangements will be made for effective and timely supervision, internal andexternal monitoring of the implementation of the RAP.

r. The resettlement transition period will be minirnized and the acquisition of assets needed forthe project (by way of a Writ ofPossession in the event of expropriation proceedings), as wellas all resettlement activities including compensation, will be completed at least one monthprior to the initiation of construction work.

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Resettlement Policy

DPWH

4. INSTITUTIONAL AND LEGAL FRAMEWORK

4.1 Institutional Framework

The overall responsibility for enforcing this Resettlement Policy, including preparation of necessaryResettlement Action Plans and/or other documents, and for implementing the RAPs, rests with theDPWH. To ensure that this policy is carried out effectively in a project, DPWH will designate an'External Monitoring Agency' to monitor the effectiveness of resettlement activities. TheDepartment will make special efforts to ensure good community relationship and to promptlyaddress compensation problems and complaints. DPWH will ensure that PAPs are affordedopportunities for active and affective participation in the preparation and implementation of theRAPs.

Funds for planning and implementing resettlement activities will be provided by DPWH based onbudgetary requirements established in the RAPs.

4.2 Legal Framework

The overall objective of the Resettlement Policy is derived from the Bill of Rights of theConstitution of the Republic of Philippines:

Article III. Section 1: No person shall be deprived of life, liberty, or property without dueprocess of law, nor shall any person be denied the equal protection of the laws.

Article IL. Section 9: Private property shall not be taken for public use without justcompensation.

The World Bank's Operational Directive 4.30 and Operational Policy 4.12, both on involuntaryresettlement, share the same concem for due process and the right to just compensation foreverybody. The guiding principle of both OD 4.30 and OP 4.12 is that adverse impacts by adevelopment project must be avoided or minimized, with appropriate resettlement measures, andthat affected people are given the opportunity to share project benefits with the rest of thepopulation.

Other applicable laws, Executive Orders, Administrative Orders, and derivative DepartmentOrders in the country are provided below.

a) PD 170, Revised Highway Act

It is illegal to use, occupy and convert any portion of the ROW.

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Resettlement Policy

DPWH

b) E0113 (r995) and EO 621 (1980)

* National Roads will have a ROW of at least 20 m in rural areas and may be reduced to 1.5m in highly urbanized areas.

* ROW will be at least 60 m in unpatented public land.* ROW will be at least 120 m through natural forested areas of aesthetic or scientific value.

c) EO 1035, providing for the conduct of:

* Feasibility study.* Public information campaign.* Parcellary survey.* Assets inventory.

Other features of the Executive Order are:- Land acquisition based on fair market value to be negotiated between the owner and the

appraisal committee.* Resettlement/relocation of tenants, farmers and other occupants.* Financial assistance to displaced tenants, cultural minorities and settlers equivalent to the

average annual gross harvest for the last 3 years and not less that PhP 15,000 per ha.* Disturbance compensation to agricultural lessees equivalent to 5 times the average gross

harvest during the last 5 years.* Compensation for improvements on land acquired under Commonwealth Act 141.* Government has power to expropriate in case agreement is not reached.

d) PD 1818 (1981)

* Rules that no court can issue restraining orders or preliminary injunction in casesinvolving infrastructure and mineral resource development projects of the government.

e) MO 65, Series of 1983

* Lists various modes for the acquisition and payment of compensation for ROW. such as:9 Easement of ROW where the owner is paid the land value to use the land but the

owner still retains ownership over the same.> Quit claim where the Government has the right to acquire 20/60 m of the land

acquired through CA 141. Only improvements will be compensated.> Expropriation if other options fail. The government agency concerned has the right to

take immediate possession, control and disposition of the property.

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* Resettlement Policy

DPWH

f) Supreme-Court Ruling (1987)

* Defines just compensation as fair and full equivalent for the loss sustained, taking intoaccount improvements, location, capabilities, etc.

* The value given by the appraisal committee can only serve as a guide for negotiation.* P.D.76, PD 464 (Section 92), PD 794 (Section 92), and PD No. 1533 (Section 1),

defining the basis for payment of 'just compensation' as the lower of the value declaredby the owner or administrator for private property, were declared unconstitutional by theSupreme Court in case G.R. No 59602, entitled "EPZA" vs. CFI, Bn. XVI Lapu-LapuCity and San Antonio Dev. Coop.

g) DO 142 (1995)

* Aims to avoid unnecessary delays in civil works.* Inclusion of parcellary plans and cost estimates for ROW acquisition in detailed

engineering stage.* EO 1035 and MO 65 will still be followed in matters relating to the acquisition and

compensation of private properties.

h) Republic Act 6389

* Provides for disturbance compensation to, agricultural lessees equivalent to 5 times theaverage gross harvest in the last 5 years.

i) Republic Act 7279 (1992)

- Prohibits construction of illegal stuctures on "danger areas".* Eviction and demolition of such illegal structures without compensation.* Amended by RA 8368 (1997) which provides that squatter houses built before 1983 are

entitled to relocation assistance prior to their displacement.

j) AO 50 (1999)

* Fair compensation to be based on zonal value + 10%.* If this fails, governnent agency will initiate expropriation proceedings and the following

parameters will be considered in determining compensation:> Classification and use for which the property is suited> Developmental costs for improving the land> Value declared by the owner> Current selling price of similar lands in the vicinity

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> Reasonable disturbance compensation for the removal and/or demolition of certainimprovements on the land and for the value of improvements thereon

> Size, shape or location, tax declaration and zonal valuation of the land> Price of the land as manifested in the ocular findings, oral as well as documentary

evidence presented> Facts and events so as to enable the affected property owners to have sufficient funds

to acquire similarly-situated lands of approximate areas as those required from themby the government, and thereby rehabilitate themselves as early as possible

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5. COMPENSATION MATRIX

In line with the aforementioned objectives and principles of resettlement (Chapter 3) and thelegal framework (Chapter 4), the matrix below will be used in the settlement of claims forcompensation for lost assets of PAPs. Unless otherwise indicated, payment of compensation andother entitlements and the extension of assistance will be given to PAP households, notindividuals.

Type of Application Entitled Person CompensationLoss -

Arabic land Actual area needed Owncrs with full For the portion of the land needed:by the road project title, tax declaration +Cash compensation equivalent to zonal value + 10% (AO 50)and the remaining or who are covered +Topping-up supplemental assistance equivalent to theland is still by customary law difference between the zonal value + 0Iho and the fair marketeconomically viable (e.g., possessory value in the area as established by the independent appraiser to

rights, usufruct) or be hired by the projectother acceptable +Cash compensation for perennials of commercial value asproof of ownership determined by the DENR or the concerned appraisal

committee+PAP will be given sufficient time to harvest crops on thesubject land

PAPs without title, For the portion of the land needed:tax declaration, or are +PAP will be given sufficient time to harvest cropsnot covered by +Cash compensation for perennials of commercial value ascustomary law (e.g., determined by the DENR or the concerned appraisalpossessory rights, committeeusufruct) or other +Financial assistance to make up fos land preparation in theacceptable proof of amount of PhP IS0 per square meterownership

Remaining land Owners with full +Cash compensation equivalent to zonal value + 100/o (AO 50)becomes title, tax declaration or, if feasible, 'land for land' will be provided in terms of aeconomically not or who are covered new parcel of land of equivalent productivity, at a locationviable (i.e., PAP by customary law acceptable to PAP, and with long-term security of tenure.losing >200/. of land (e.g., possessory +Topping-up supplemental assistance equivalent to theholding or even when rights, usufruct) or difference between the zonal value + 10°/e and the fair marketlosing <201/o but the other acceptable value in the area as established by the independnt appraiser toremaining land is not proof of ownership be hired by the projecteconomically viable +Subsistence allowance of PhP15,000anymore) +PAP will be given sufficient time to harvest crops

+Cash compensation for perennials of commercial value asdetermined by the DENR or the concerned appraisalcommittee+If relocating, PAP to be provided free transportation+Rehabilitation assistance (skills training and otherdevelopment activities) equivalent to PhP 15.000 will beprovided in coordination with other governrment agencies ifthe present means of livelihood is no longer viable and thePAP will have to engage in a new income activity

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Type of Application Entitled Person CompensationLess

PAPs without title, -Financial assistance equivalent to the average annual grosstax declaration, or are harvest for the past 3 years but not less than PhP 15,000not covered by +PAP will be given sufficient time to harvest cropscustomary law (e.g., +Cash compensation for perennials of commercial value aspossessory rights, determined by the DENR or the concemed appraisalusufruct) or other committeeacceptable proof of +Financial assistance to make up for land preparation in theownership amount of PhPI S0 per square meter

+If relocating, PAP to be provided free transportation+Rehabilitation assistance (skills training and otherdevelopment activities) equivalent to PhP 15,000 will beprovided in coordination with other government agencies ifthe present means of livelihood is no longer viable and thePAP will have to engage in a new income activity

Agricultural Iessees As per RA 6389 and EO 1035:+Disturbance compensation equivalent to five times theaverage of the gross harvest on the land holding during thefive preceding ycars but not less than PhPI5.000.+Rehabilitation assistance (skills training and otherdevelopment activities) equivalent to PhPI 5.000 will beprovided in coordination with other government agencies ifthe present means of livelihood is no longer viable and thePAP will have to engage in a new income activity

Temporary use of . All PAPs +Compensation to be provided for loss of income during theland period, standing crops, cost of soil restoration and damaged

structures

2. Residential Actual area needed Owners with full For the portion of the land needed:land and/or by the road project tite, tax declaration +Cash compensation equivalent to zonal value t 10% (AO 50)Commercial and the remaining or who are covered +Topping-up supplemental assistance equivalent to theland land is still viable for by customary law difference between the zonal value + I 0%// and the fair market

continued use (e.g., possessory value in the area as established by the independent appraiser torights, usufruct) or be hired by the project.other acceptable +Cash compensation for perennials of commercial value asproof of ownership determined by the DENR or the concerned appraisal

committee

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Type of Application Entitled Person CompensationLoss

Remaining residential Owners with full +Cash compensation equivalent to zonal value + 10% (AO 50)or commercial land title, tax declaration or. if feasible, land for land' will be provided in terms of a newbecomes not viable or who are covered parcel of land of equivalent market value, at a locationfor continued use. by customary law acceptable to PAP, and with long-term security of tenure. The

(e.g., possessory replacement land should be of acceptable size under zoningrights, usufruct) or laws or a plot of equivalent value, whichever is larger, in aother acceptable nearby resettlement area with adequate physical and socialproof of ownership infrastructure. When the affected holding is larger in value

than the relocation plot, cash compensation will cover thedifference in value.+Topping-up supplemental assistance equivalent to thedifference between the zonal value + 10% and the fair marketvalue in the area as established by the independent appraiser tobe hired by the project+Cash compensation for perennials of commercial value asdetermined by the DENR or the concerned appraisalcommittee.. +If relocating, PAP to be provided free transportation

Temporary usc of All PAPs +Compensation to be provided for loss of income during theland period, standing crops, cost of soil restoration and damaged

structures

3. Main Structure. with or Owners of structure +Compensation in cash for affected portion of the structure,Structures without a building with full title or tax including the cost of restoring the remaining structure as(e.g., house, permit, partially declaration to the determined by the concerned appraisal committee with nohouse cum affected and the land or those who are deduction for salvaged building materials.shop) remaining structure is covered by customary +PAPs who have business affected due to partial impact on the

still viable for law (e.g., possessory structure are entitled to a subsistence allowance for the loss ofcontinued use. rights, usufruct) or income during the reconstruction period. (Such will be

other acceptable verified and computed by the Municipal Resettlementproof of ownership Implementing Comminee or RIC).

Owners of structures, +Compensation in cash for affected portion of the structure,including shanty including the cost of restoring the remaining structure, asdwellers in urban determined by the concerned appraisal committee with noareas, have no title or deduction for salvaged building materials.tax declaration to the +Shanty dwellers in urban areas who opt to go back to theirland or other place of origin in the province or be shifted to governmentacceptable proof of rclocation sites will be provided free transportationowncrship +PAPs who have business affectcd due to partial impact on the

structure are entitled to a subsistence allowance for the loss ofincomc during the reconstruction period. (Such will beverified and computed by the municipal ResettlementImplementing Committee or RIC).+Professional squatters will not receive compensation but thcycan collcct their salvageable materials

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Type of Application Entitled Person CompensationLoss

Renters (tenants) of +Given 3 month notice on the schedule of demolitionleased affected +1f shifting is required, PAP is given transitional allowancestructures, including equivalent to one month rent of a similar structure within therenters of shanty same arcadwellings in urban +For house tenants renting structures outside of. or within, theareas ROW, and who have to transfer eisewhere, free

transportation will be provided+Renting shanty dwellers in urban areas who opt to go back totheir place of origin in the province or be shifted togovemment relocation sites will be provided freetransportation

Entire structure Owners of structures +Compensation in cash for the entire structure at replacementaffected OR when the with full title or tax cost as determined by the concemed appraisal commineeremaining structure declaration to the without deduction for saiviged building materials.becomes not viable land or those who are +Inconvenience allowance of PhP 10,000 per PAP.for continued use, covered by customary +PAPs who have business affected due to the severe impact onwith or without a law (e.g., possessoTy the structure are entitled to a subsistence allowance for the lossbuilding permit rights, usufruct) or of income during the reconstruction period. (Such will be

other acceptable verified and computed by the RIC).proof of ownership +If relocation is necessary, free transportation will be provided

+Rehabilitation assistance in the form of skills training andother development activities and equivalent to PhP 15,000 willbe provided in coordination with other governmet agcnc:- ifthe present means of livelihood (e.g., house cum shop) vlonger viable and the PAP will have to engage in a newincome activity

Owners of structures, +Compensation in cash for the entire structure at replacementincluding shanty cost as determined by the concemed appraisal commineedwellers in urban without deduction for salvaged building materials.areas, have no title or +Shanty dwellers in urban areas who opt to go back to theirtax declaration to the place of origin in the province or be shifted to governmentland or other relocation sites will be provided free transportationacceptable proof of +PAPs who have business affected due to the severe impact onownership the structure areentitled to a subsistence allowance for the loss

of income during the reconstruction period. (Such will beverified and computed by the RIC).+If relocation is necessary, free transportation will be provided+Rehabilitation assistance in the form of skills training andother development activities and equivalent to PhP15,000 willbe provided in coordination with other government agencies, ifthe present means of livelihood (e.g., house cum shop) is nolonger viable and the PAP will have to engage in a newincome activity+Professional squatters will not reccive compensation but theycan collect their salvageab_c materials

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Type of Application Entitled Person CompensationLoss

Renters (tenants) of +Given 3 month notice on the schedule of demolitionleased affected +PAP is given transitional allowance equivalent to one monthstructures, rent of a similar structure within the same areaincluding renters of +For house tenants renting structures outside of. or within theshanty dwellings in ROW, and who have to transfer elsewhere, freeurban areas transportation will be provided

+Renting shanty dwellers in urban areas who opt to go back totheir place of origin in the province or be shifted togovernment relocation sites will be provided freetransportation+Rehabilitation assistance in the form of skills training andother development activities and equivalent to PhP 15,000 willbe provided in coordination with other government agencies ifthe present means of livelihood (e.g.. house cum shop) is nolonger viable and the PAPwill have to engage in a newincome activity

4. Independent Shops, with or Owners of structure -Compensation in cash for affected ponion of the structure,shops without building with or without full including the cost of restoring the remaining structure, as(structums) permit, partially title or tax determined by the concerned appraisal committee with no

affected and the declaration to the deduction for salvaged building materials.mmaining structures land or those who are +As determined by the RIC, PAPs will be entitled toare still viable for covered by customary transitional allowance to cover for their computed income losscontinued use. law (e.g., possessory during the demolition and reconstruction of their shops, but

rights, usufruct) or not to exceed a I month period.other acceptableproof of ownership

Rentem (tenants) of +As determined by the RIC, shop renters will be entitled to aaffected shops transitional allowance to cover for their computed income loss

during the period that their business is interrupted

Entir shop affected Owner of structure +Compensation in cash for the entire structure at rplacementOR when the with or without full cost as determined by the concerned appraisal committeeremaining structure title or tax without deduction for salvaged building materials.becomes not viable declaration to the +Subsistence allowance of PhP 15,000 to each PAPfor continued use, land or those who are +Free transportation will be provided if relocatingwith or without a covered by customary +Rehabilitation assistance in the form of skills training andbuilding permit law (e.g., possessory other development activities and equivalent to PhP 15,000 will

rights, usufruct) or be provided in coordination with other govemment agencies ifother acceptable the pmsent means of livelihood is no longer viable and theproof of ownership PAP will have to engage in a ncw income activity

+Professional squatters will not receive compensation but theycan collect their salvageablc materials

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Type of Application Entitled Person Compensation_ Loss_

Renters (tenants) of +Given 3 month notice on the schedule of demolitionaffected shops +As determnined by the RIC. shop renters will be entitled to a

transitional allowance to cover for their computed income lossduring the period that their business is interrupted, but not toexceed a 3 month period.+If shifting, either permanently or temporarily is required,shop renters are entitled to free transportation+Rehabilitation assistance in the form of skills training andother development activities and equivalent to PhP 15,000 willbe provided in coordination with other government agencies ifthe present means of livelihood is no longer viable and thePAP will have to engage in a new income activity

5. Other fixed Loss of, or damage PAPs +Compensation in cash for affected portion of the structure,assets or to, affected assets, including the cost of restoring the remaining structure, asstructures partially or entirely determined by the concerned appraisal committec, with no

depreciation nor deduction for salvaged building materials.

6. Electric Loss of, or damage PAPs +Compensation to cover cost of restoring the facilitiesand/or water to, affected assets,connection partially or entirely

7. Public Loss of, or damage Concemed agencies +Compensation in cash at replacement cost to respectivefacilities to, public agencies.

infrastructure (e.g.,public water tanks.tram lines. bus stopsheds, loadingplatform, publichealth center,barangay center,electric or telephonelines, ctc.)

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6. APPLICATION OF THE PARTICIPATORY PROCESS TO THEPROJECT CYCLE

6.1 Project Preparation Stage

There are 3 main stages in project preparation, namely:

1. Pre-feasibility2. Feasibility3. Detailed engineering design

Each main activity has a series of sequential activities where participation is required.

a) Pre-feasibility

Step 1: DPWH, through the IBRD-PMO, will contact the Regional and District EngineeringOffices about the project and its components.

Step 2: The IBRD-PMO, assisted by the Environmental and Social Service (ESS) or by theEIAPO or any designated unit of DPWH, will hold a preliminary meeting withconcerned local government units (LGUs). The objectives of this meeting are to:

a) Explain the general concept of the projectb) Discuss/explain the requirements of the project and its likely impactsc) Present tentative schedule of activitiesd) Create awareness and appreciation among the LGUs about the Projecte) Identify the various project stakeholdersf) Set a general orientation meeting with stakeholders at the barangay level.

The target participants to the meeting with the LGUs are:

a) The Municipal Mayor(s)b) Municipal Planning and Development Coordinators (MPDC)c) The Sangguniang Bayan, especially the members of the Infrastructure Conmmittee,

andd) Barangay Captains of the communities that are to be affected by the project.

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Step 3: Gerferal Orientation of the Community

Before undertaking any survey activity in the community, the Project Team (IBRDD-PMO with the Environmental and Social Services or the EIAPO or any designated unitof DPWH) will conduct a thorough barangay meeting to orient and ensure that thecommunity understands the nature and extent of the proposed project. Awareness ofthe project will facilitate the data-gathering process and ensure the quality of dataprovided by the community to the project team.

The conmmunity orientation will be facilitated by officials of the barangay who attendedthe orientation meeting conducted earlier at the municipal office.

The suggested agenda for the General Community Orientation are:a) Overview of the project, including overall objectives and merits of the sameb) Identification and discussion of the likely impacts of the projectc) Activities to be undertaken and their schedule, such as technical surveys, water

resources assessment, social impact study, environmental impact assessment, etc.d) Expected roles of the community during the conduct of the abovementioned

technical studies.

Step 4: EIA/Social Assessment

The Project Team will assess the positive and adverse impacts of the project, number ofhouseholds likely to be affected, types of impacts, tenure status, need for acquisition ofprivate assets, relocation of people, etc.

Identify ethnic minority community affected, if any.

b) Feasibility

Step 5: RAP preparation

Based on the results of the SIA, a census and a full-blown socio-economic survey ofPAPs', including among others, an inventory of affected assets, will be conducted as animportant step in drafting an appropriate resettlement action plan (RAP). Said RAPwkill include the amount and the process to be employed in the payment ofcompensation to PAPs.

'*Census will be undertaken for all types of PAPs. Census covers general information on the PAP, such asdemographic information and properties affected. Socio-economic surveys will cover only those who are severelyaffected by the project. Information to be gathered includes household income, expenditures, skills, etc. Theinformation gathered will serve as benchmark data for those preparing, implementing, and evaluatin, the RAPdesigned for them.

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A separate socio-economic survey of affected indigenous people communities will beundertaken as part of the preparation of an indigenous people action plan (IPAP),especially if the said indigenous group is not integrated into the mainstream society.

Step 6: Orientation of LGUs

Upon completion of the draft RAP, the Project Team will brief concerned LGUs (i.e.,municipal and barangay level as necessary), with the view that a consensus will beachieved on the following:

a) Resettlement programb) Relocation sites, if neededc) Role of LGUs in RAP implementation

Step 7: Consultation with the Community

Still part of the process to finalize the draft RAP, consultation(s) with affectedcommunities at the barangay level will be undertaken. For this purpose, the ProjectTeam shall prepare a Public Lnformation Leaflet containing a brief description of theproject, including compensation policy for affected private properties.

The affected comnmunities will also be informed on the mechanics and procedures forpublic participation and consultation, grievance redressal procedures, and theresettlement program. Likewise, the community's suggestions regarding relocationsite(s) will be solicited, and, where warranted, its preferences for the mode ofcompensation for affected fixed assets (i.e., cash or land-for-land).

In case an indigenous cormmunity will be affected by the project, the consultation willalso touch on the socio-cultural implications of the draft RAP and the project.

Step 8: The Project Team will finalize the RAP and, if needed, an Indigenous People ActionPlan.

c) Finalization of technical design

Step 9: The Project Team will orient the LGUs (municipal and barangay, as applicable) andaffected communities on the final version of the RAP and its implementation, theresults of the environrnental impact study and the prepared environmental managementplan, and the project's detailed engineering (technical) designs.

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6.2 Project Implementation Stage

Step 10: Setting-up of various Committees as required by the project and the RAP. such as theRAP Implementation Committee (RIC). PAPs will be represented with full votingpower in these committees.

Step 11: Participation in Implementation

Whenever feasible, PAPs will be contracted in the implementation of the variousactivities of the project, such as reconstruction of damaged dwelling units andconstruction of small infrastructure units, like ripraps and retaining walls.

Step 12: Monitoring of RAP implementation

The Project Team will enlist the participation of PAPs in the monitoring of RAPimplementation. Representation of the PAPs in the internal monitoring of theimplementation of the RAP will provide a more accurate reading of the localcommunity's feelings and reactions. Specifically, internal monitoring will focus on: (i)seeing to it that that RAP is implemented as designed and approved, and (ii) verifying iffunds for implementing the RAPs are provided by project authorities in a timely mannerand in amounts sufficient for their purposes, and that such funds are used in accordancewith the provisions of the RAP.

An independent agency or agencies will be retained by DPWH to carry out extemalmonitoring and evaluation of the implementation of RAPs. The independent agenciesmay be NGOs, academic or research institutions or independent consulting firms, withqualified and experienced staff and with terms of reference acceptable to the Bank.

6.3 Post Project Implementation Stage

Step 13: Evaluation of RAP implementation

A composite body of representatives from the Project Team, concemed LGUs, thevarious committees formed, and PAPs will be formed to conduct an evaluation of theRAP upon completion of its implementation. The coverage of the evaluation willinclude RAP preparation and actual implementation. Strengths and weaknesses of thewhole process of the RAP will be identified for the purpose of drawing lessons fromthem. Said lessons will guide DPWH in future projects.

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7. INSTITUTIONAL ARRANGEMENT S OF RESETTLEMENT

7.1 DPWH

The IBRD-PMO is overall responsible for implementing the project. In coordination withrelevant agencies, the IBRD-PMO will manage and supervise the project, including resettlementactivities and land acquisition. The IBRD-PMO will be assisted by the proposed Environmentand Social Services (ESS), or an interim special unit, like the EIAPO, in the absence of the ESS,in providing technical guidance and support in the implementation of the RAP.

a) Environment and Social Services (ESS)

It is proposed that an Environmental and Social Services (ESS) be set up at the DPWH centraloffice to attend to environmental and social issues and concerns that may arise in theimplementation of the Department's programs.2 The Social Division of the ESS will be headedby a senior social scientist. The ESS will provide technical guidance and support in theimplementation of the RAP and will be responsible for the following resettlement activities:

a. overall preparation and planning of the RAP;b. submitting RAP budget plans (to include compensation, relocation costs, operation) for

approval and allocation of needed resources by DPWH central office;c. ensuring the availability of funds and the proper accounting of expenses;d. in accordance with the Department's resettlement policies, guiding the RAP

Implementation Committees (RICs) in their tasks, such as the verification of PAPs, finalinventory of affected assets, and information dissemination;

e. amending or complementing the RAP in case problems are identified during the intemaland/or external monitoring of its implementation;

f. in collaboration with its counterpart in the region, following-up with concemed DPWHRegional Office the processing of compensation claims of PAPs;

g. in collaboration with its regional and district counterparts, monitoring the actual paymentof compensation to PAPs; and,

h. in collaboration with its regional counterpart, preparing periodic supervision andmonitoring reports on RAP implementation for submission to the IBRD-PMO and theBank.

b) Regional and District Engineering Offices of DPWH

Successful implementation of the RAP will require close coordination with the Regional Office,especially the District Engineering Office. The DEO will be the principal and regular

2 For details on the ESS, refer to another report prepared for NRIMP, the 'Institutional Strengthening: The Needforthe Environmental and Social Services (ESS)".

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representative of DPWH in the RICs. However, the Regional Office will be the ESS' principallink with the District. Together with the ESS at the Central Office, the regional counterpart willextend technical support to the District in relation to RAP implementation.

7.2 RAP Implementation Committee (RIC)

The RIC will be set up and will be composed of the following:

a. Representative of the Municipal Governmentb. Representative of the PAPsc. Representative of the indigenous people (IP) within the project aread. A senior member of the staff of DPWH District Engineering Office (or ESS staff)e. Representative of the concemed Barangay Govermnentf Representative from an NGO or people's organization (PO)

The representative of DPWH from the District Engineering Office will be the RIC's Chairpersonand Convenor. The Committee will have the following functions:

a. assist ESS in (i) validating the list of PAPs; (ii) validating the assets of the PAPs that willbe affected by the project (using a prepared compensation form); and (iii) implementingthe RAP;

b. assist ESS in public infornation campaign, public participation and consultation;c. assist the District Engineering Office in the payment of compensation to PAPs;d. receive complaints and grievances from PAPs and other stakeholders and act on them

accordingly;e. maintaining record of all public meetings, complaints, and actions taken to address

complaints and grievances;f. in coordination with concerned govenmment authorities, assist in the enforcement of

laws/ordinances regarding encroachment into the project road corridor.

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7.3 Grievance Procedures

Grievance related to any asDect of the or sub-project will be handled through negotiations and areaimed at achieving consensus following the procedures outlined below:

a) Grievance will be filed by the PAP with the RIC who will act within 15 days uponreceipt thereof, except complaints and grievances that specifically pertain to thevaluation of affected assets, since such will be decided upon by the proper courts;

b) If no understanding or amicable solution can be reached, or if the PAP does notreceive a response from the Municipal Resettlement Implementation Committeewithin 15 days of registry of the complaint, he/she can appeal to the Office of DPWHRegional Director, through the ESS, which should act on the.complaint/grievancewithin 15 days from the day of its filing;

c) It he PAP is not satisfied with the decision of the Office of DPWH Regional Director,he/she, as a last resort, can submit the complaint to a court of law.

PAPs will be exempted from all administrative and legal fees incurred in pursuant to thegrievance redress procedures.

All complaints received in writing (or written when received verbally) from the PAPs will bedocumented.

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8. ROLES AND RESPONSIBILITIES OF DPWH, THE LGUs ANDTHE COMMUNITIES

Project Process Participatory Activities and Participants Responsible InstitutionStage ._.

Preparation

Pre-feasibiiAtv 1. Briefing of DPWH Regional and District DPWH ESS CentralOffices re proposed infra project Office

2. Meeting with concerned LGUs, notably mayors, ESS Central Office, withplanning and development coordinators, reps from regional andmembers of the municipal/city Council, district officesbarangay captains, to give them an overview ofthe proposed infra project

3. General Orientation Meeting at the barangay- LGUs as lead, supportedlevel preparatory to the conduct of technical, by ESS repsenvironmental and social studies relative to theproposed infrastructure project

4. Conduct of EIA and/or SIA ESS Central, assisted byregional/district ESSreps, with communityparticipation

Feasibilitv 1. RAP preparation, specifically the conduct of a ESS Central, assisted bycensus and socio-economic survey of PAPs regional/district .SS

reps, with comn. uitvparticipation

2. Orientation of LGUs on the draft RAP ESS Central Office, withreps from regional anddistrict offices

3. Consultation with the community on the draft ESS offices with LGURAP reps

4. Finalization of RAP/IPAP ESS Central Office, withreps from regional anddistrict offices

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Project Process Participatory Activities and Participants Responsible InstitutionStage

Finalization of 1. Orientation of LGUs and affected communities ESS Central Office, withTechnical regarding the final version of the RAP, reps from regional andDesiv including the mechanics of its implementation district offices

2. Initial meeting with LGUs and other ESS Central Office, withstakeholders to present, and get feedback on, the reps from regional andpreliminary detailed engineering design of the district officesinfra project, the results of the EIA/IEE and thedraft EMP

Implementation I. Setting-up of the RAP Implementation ESS Central withCommittee regional/district

ESS reps and LGUs

2. LGU and community participation in the ESS offices with LGUimplementation of the RAP and EMP reps

3. Intemalmonitoring of RAP implementation ESS Central, assisted byregional/districtESS reps, with LGU &

.__ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ . comty participation

Post- 1. Summing-up evaluation of the RAP, to cover its ESS Central, assisted byImplementation preparation and implementation regional/district ESS

reps, with LGU & comty. participation

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9. COSTS AND BUDGETS

Each RAP will include detailed cost estimates for compensation and relocation of PAPs, if that bethe case, with a breakdown by category of PAPs; agricultural, residential and business land; houses,structures and other fixed assets affected; transport assistance when shifting PAPs; phases of theproject and by financial year. Cost estimates will make adequate provisions for contingencies.

The total cost of the RAP will be included in the cost of the project. In the case of cost overrunsdue to unforeseen circumstances or delays, DPWH will allocate additional funds as necessary.

On the basis of the approved RAP, funding for the implementation of the resettlement plan will beforwarded to the Regional Office, which in turn is tasked to prepare and process the vouchers forpayment of compensation to PAPs, relocation expenses, operational costs, etc. Requests forpayments for the aforementioned will be made by the-District Engineering Office, which isprincipally tasked to spearhead the implementation of the RAP.

v

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10. INDIGENOUS PEOPLES GUIDELIS

Where a road link has significant negative impact on an indigenous people's community, the RAPwill be developed to ensure full consultation, participation and consent of the people and that theinformation collected and the social and economic benefits they receive are in harmony with theircultural preferences in accordance with the World Bank's OD 4.20 on guidelines for indigenouspeoples. NRIMP has developed the following guidelines for indigenous peoples.

The objectives of the guidelines are:

a) to provide full consultation and participation with indigenous peoples;b) to avoid or minimize potentially adverse effects of such sub-projects.

In order for meaningful consultation and participation to take place, several steps will be put inplace. These are:

a) infonnation dissemination will be in the local language;b) a tribal representative/leader and an NGO representative or a social scientist

knowledgeable in indigenous peoples history and tradition will always be present in alldiscussions with clusters of indigenous peoples; and

c) all meetings will be recorded and shared with the concerned indigenous people'sgroups.

If indigenous peoples are affected as PAPs, information as per the Inventory (i.e., the basic census,socio-economic data and inventory of affected assets) will be collected. In addition, a social impactassessment (SIA) will be conducted and will include the collection of the following information:

a) household ownership of economic and productive assetsb) annual income from primary and secondary employment opportunitiesc) economic information of community (e.g., brief information on economic and natural resources,

production and livelihood systems, tenure systems)d) social information of community (e.g., brief description of kinship, value system, types of

social organization of formal/informal groups, farming groups, etc. especially those that canhelp group in adjusting to potential impacts from improved road)

e) potential impact of sub-project on basic social services (e.g.; water supply, health clinics, andschools)

f) potential impact of sub-project on the social and economic livelihood

The SIA will be undertaken by a trained social scientist from the local area.

Information will also be gathered from group meetings, one with a general assembly of indigenouspeoples in the area and one with indigenous womep, especially those who live along the zone of

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DPWH

influence of the proposed roadlink. Discussions will focus on the proposed roadlinks, positive andnegative impacts, and recomrmendations for project design. If the SIA indicates that the potentialimpact of the proposed sub-project will be significantly adverse and/or that the indigenous people;scommunity rejects the project, the roadlink will not be selected for improvement; instead analtemative route will be proposed.

If the indigenous people accepts the sub-project and the adverse impacts are minimal, thedescription of resettlement measures and the types of development assistance proposed will ensurethat the social and economic benefits proposed will be in harmony with their cultural preferences.The measures and the assistance will be developed with tribal elders, community groups, IP NGOs.The assistance should also include institutional strengthening and capacity building of tribal elders,community groups working on resettlement activities within the sub-projects. This can be fundedout of the project.

Community participation and consultation framework and grievance redress mechanism will bedeveloped in culturally appropriate ways and familiar to the indigenous peoples. They will bedeveloped with the indigenous peoples and their tribal elders, in close collaboration with localofficials. The Resettlement Implementation Committee will include an indigenous people's leaderrepresentative from the sub-project area. Wherever possible, staff with indigenous background andexperience will be hired as part of the social impact assessment team as well as the monitoringteam.

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