RP24 Volume 12 REPUBUC OF THE PHIUPPINES DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS PROJECT MANAGEMENT OFFICE FOR IBRD ,7 I NATIONAL ROAD IMPROVEMENT AND MANAGEMENT PROJECT - PHASE I (NRIMP-I) DETAILED ENGINEERING DESIGN AND PREPARATION OF BIDDING DOCUMIENTS FOR REHABILITATION OF SAN ENRIQUE-VALLEHERMOSO ROAD (CW-RU-1.6 B) LA CASTELLANA-CANLAON SECTION, NEGROS ISLAND RESETTLEMENT ACTION PLAN (RAP) (Volume 616) MAIN TEXT JUNE 2002 ~FILE COPY I KATAHIRA & ENGINEERS INTERNATIONAL in association with lialcrow HALCROW GROUP LIMITED TECHNIKS GROUP CORPORATION DCCD ENGINEERING CORPORATION MULTI-INFRA KONSULT, INC. TABLE OF CONTENTS List of Appendices List of Tables List of Figures Acronyms and Abbreviations Executive Summary Page 1 PROJECT DESCRIPTION . .................. . 1-1 1.1 Location and Condition of the Existing Roadway . 1-1 1.2 Realignment Sections and Construction Limits . 1-I 1.3 The Mount Kanla-on National Park . 1-1 2 RATIONALE AND OBJECTIVES ... 2-1 2.1 The DPWH LARR Policy .. 2-1 2.2 Basic Principle of the RAP . . 2-2 2.2.1 Locational Planning and Design 2.2.2 Cut-Off Date for Census 2.2.3 Compensation Scheme 2.2.4 Modes of Compensation 2.2.5 Rejection of Government Offer 2.2.6 Formation of Rap Implementation Committee 2.2.7 Grievance Procedures 3 METHODOLOGY. .. . ... ...... 3-1 3.1 Orientation of Regional and District Engineering Offices (DEOs) . 3-1 3.2 Preliminary Site Investigation . 3-2 3.3 Consultation Meeting with LGUs . 3-2 3.4 Training of Enumerators for the DEOs . 3-3 3.5 Barangay Level Public Consultation Meetings . 3-4 3.6 Tagging of Project Affected Structures and Taking of Photographs . 3-5 3.7 Census and Socioeconomic Survey . 3-6 3.8 Data processing and Analysis . 3-6 4 PROCEEDINGS OF PUBLIC CONSULTATION MEETINGS ........ ... . 4-1 4.1 Project Stakeholders .4-3 4.2 The Project Team. 44 4.3 Mechanisms for Stakeholder Participation .4-4 5 RESETTLEMENT ACTION PLAN . . ... ..... . 5-1 5.1 Characterization of Geo-Political Units .5-1 5.1.1 La Castellana, The Host Municipality Demographic Characteristics Socioeconomic Characteristics Development Concerns of the Municipality 5.1.2 MCNP5 and Robles: The Host Sub-Municipalities 5.2 Socioecnomic Profile of PAPs ................................................... 5-6 5.2.1 Demography and Basic Information Household Size Educational Attainment Residence History 5.2.2 Socioeconomic Characteristics Primary Occupation Household Income Sources of Income Household Expenditures Availability of Basic Social Services 5.2.3 Project Awareness 5.3 Impact Identification .................................................... 5-18 5.3.1 Impact on the MKNP Cutting of Prime Forest Trees Increased Accessibility to the Park 5.3.2 Impact on Land 5.3.3 Impact on Improvements Structures Crops and Trees 5.3.4 Impact on Income 5.3.5 Impact on Public Structures 5.4 Compensation and Entitlements ....................................... 5-24 5.5 Relocation Sites at La Castellana ................................................... 5-42 5.6 Rap Implementation ................................................... 5-43 5.6.1 Approval of the RAP 5.6.2 Rap Implementation Activities MOU between DPWH and LGU Formation and Training of the RIC Establishment of Detailed Compensation rates Conduct of Public Information Campaign Finalization pf Compensation and Other Entitlements of PAPs Public Meeting Payment of Compensation and Other Entitlements Implementation Schedule 5.6.3 Administrative and Contingency Costs LIST OF APPENDICES (Volume 2 of RAP Report) Appendix Al Compensation and Entitlement Matrix for Individual SPAPs Appendix A2 Compensation and Entitlement Matrix for Individual MPAPs Appendix B Proceedings and Attendance Sheets of the Consultative Meeting and PCMs Appendix C RAP Survey Instrument Appendix Dl Summary of Trees Inventoried within the Project Area Appendix D2 Proposed Work and Financial Plan for Reforestation as Replacement Appendix El Photographs of SPAPs Appendix E2 Photographs of MPAPs Appendix E3 Barangay Resolution for Relocation Sites Appendix E4 Photograph of the Relocation Sites Appendix F Sketch Maps of PAP's Localtion LIST OF TABLES Summary Table Showing Total Compensation and Entitlement Cost 4.1 Issues and Concerns Raised During the PCMs 5.1.1 Population Growth rate of La Castellana, 1918-1995 5.1.2 Population Growth Rates of the Sub-Municipal Units of La Castellana 5.1.3 Distribution of Labor Force In La Castellana by Type of Industry 5.1.4 Comparative Population Densities at the Provincial, Municipal and Sub- Municipal Levels 5.2.1 Distribution of SPAPs, MPAPs, and Public Infrastructure Facilities by Barangay 5.2.2a Household Size of SPAPs 5.2.2b Household Size of MPAPs 5.2.3a Educational Attainment of SPAPs 5.2.3b Educational Attainment of MPAPs 5.2.4a Residence History of SPAPs 5.2.4b Residence History of MPAPs 5.2.5 Primary Occupation of SPAPs 5.2.6a Household Income of SPAPs 5.2.6b Farm Income of SPAPs 5.2.6c Non-Farm Income of SPAPs 5.2.7 Average Annual Household Expenditures of SPAPs 5.2.8 Type of Lighting of SPAPs Dwelling Units 5.2.9 Source of Water Supply of SPAPs 5.2.10 Type of Toilet Facilities of SPAPs 5.2.11 Type of Fuel Used by Severely Affected PAPs 5.2.12a Project Awareness of SPAPs 5.2.12b Project Awareness of MPAPs 5.2.13a SPAPs Source of Information About the Project 5.2.13b MPAPs Source of Information About the Project 5.3.1a Land Acquisition at Realignment Sections 5.3.1b Land Acquisition at Cut Sections 5.3.2 Number and Type of Structure of SPAPs Dwelling Units to be Affected 5.3.3 Structure Ownership of Severely Affected PAPs 5.3.4 Trees to be Cut Along the Alignment 5.3.5 Commercial Stalls and Sari-Sari Stores to be Affected 5.3.6 Public Infrastructures to be Affected 5.4.1 Entitlement Matrix 5.4.2a Compensation Cost for Realignment Sections 5.4.2b Compensation Cost for Additional R-O-W, Including Cut Sections 5.4.3 Summary of Fixed Assets, Improvements, and Compensation for the SPAPs 5.4.4 Summary of Improvements and Compensation for the MPAPs 5.4.5 Estimated Resettlement Cost 5.6.1 Estimated Administrative and Contingency Costs LIST OF FIGURES Figure 1.1 Layout Plan of the La Castellan-Canlaon Road Section Figure 1.2 Map of Mount Kanla-on National Park Figure 2.1 Typical Roadway Design for Ffat Sections Figure 2.2 Typical Roadway Design for Flat Sections at Built-Up Areas Figure 5.1 Map of the Proposed Urban Expansion in Brgy. Robles Figure 5.2 Map of the Proposed Urban Expansion in Brgy. Cabacungan Figure 5.3 RAP Implementation Schedule ABBREVIATIONS AND ACRONYMS A & D Alienable & Disposable AO Administrative Order BIR Bureau of Internal Revenue CCMP Brgys. Camandag, Cabacungan, Mahagnoy, and Puso CLUP Comprehensive Land UJse Plan DENR Department of Environment and Natural Resources DEOs District Engineering Offices DPWH Department of Public Works and Highways DPWH-EIAPO Department of Public Works and Highways-Environmental Impact Assessment Project Office EDT Engineering Design Team EO Executive Order IBRD International Bank for Rural Development ILA Independent Land Appraiser LARR Land Acquisition, Resettlement, and Rehabilitation LGUs Local Government Units MCNP5 Upland barangays located inside the MKNP namely, Masulog, Biak na Bato, Cabagna-an, Mansalanao, and Sag-ang MKNP Mount Kanla-on National Park MPAPs Marginally Project Affected Persons MPDO Municipal Planning and Development Officer NATALA Brgys. Nato, Talaptap, and Lalagsan NIPAS National Integrated Protected Areas System NRIMP National Road Improvement and Management Plan PAFs Project Affected Families PAMB Protected Area Management Board PAPs Project Affected Persons PASu Protected Area Superintendent PCMs Public Consultation Meetings RAP Resettlement Action Plan RIC RAP Implementation Committee RO Regional Office ROW Right-Of-Way SPAPs Severely Project Affected Persons EXECUTIVE SUMMARY Project Description The La Castellana-Canlaon City road section has a total length of 23.52 kilometers. It starts at around 100 meters from the Junction of the La Castellana-La Carlota road in Barangay Robles (Sta. 65+610.064), Municipality of La Castellana and ends at the approach of the Masulog Bridge (=Sta. 89+138). It traverses seven (7) barangays of La Castellana, three (3) of which are inside the Mount Kanlaon National Park (MKNP). These are Barangays Robles, Sag-ang, Camandag, Mansalanao, Cabagna-an, Biak-na-Bato, and Masulog. There are four (4) proposed realignment sections for the La Castellana-Canlaon City road section. Each of these includes one (1) bridge. These realignment sections include the Taborda Bridge, Antulan Bridge, Induruyan Bridge, and Calapnagan Bridge. The existing roadway is predominantly surfaced with gravel, which is in fair to bad condition. Its width varies from 5 m to 9 m, and has no shoulders nor side ditches on both sides. There are six (6) existing bridge structures being proposed for reconstruction and two (2) new bridges to replace existing culverts. In addition, a total of 13 box culverts and various drainage facilities along the stretch of the road are also provided. Rationale and Objectives The DPWH Resettlement Policy was formulated to provide the guidelines that will govern the implementation of road projects under the World Bank-assisted First National Roads Improvement and Management Program (NRIMP). Aside from effectively managing, financing, and completing the national road network into an all-weather standard, the Program's main thrust is to ensure that pre-operating sustainable conditions are maintained The main objectives for the preparation of the RAP are: (i) So that adverse social and physical impacts are avoided, minimized, and or mitigated; (ii) That everybody, particularly the Project Affected Persons (PAPs) will benefit from the Project; (iii) 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; and (iv) Project stakeholders (which include PAPs) are consulted regarding the Project's design, implementation, and operation. Methodology The procedures undertaken in preparing the RAP are in agreement with the Resettlement Policy. These are the: (i) Orientation of Regional and District Personnel; (ii) Preliminary site investigation (iii) Consultation meetings with concerned LGUs; (iv) Barangay level Public Consultation Meetings (PCMs) (v) Tagging of project affected structures (vi) Conduct of 100% tree inventory (vii) Conduct of social impact and land acquisition assessment; and (viii) Data processing and analysis. Public Consultation Meetings Nine (9) barangay level PCMs were conducted within the period from 09 to 15 January 2001. During each PCM, a brief description of the project, followed by the basic principles of the Resettlement Policy was presented to the stakeholders. In summary these are: (ix) The La Castellan-Canla-on City Road section is a project of the DPWH under the World Bank-assisted National Roads Improvement and Management Program (NRIMP) (x) The Resettlement Policy is initially applicable only to road projects under the NRIMP (xi) The RAP would include.the identification of adverse environmental and social impacts and the recommendation of corresponding mitigating, the census and socio-economic survey of PAPs, and the determination of compensation and entitlements to the PAPs. (xii) The identification of project-affected structures was still preliminary until the detailed engineering design is completed; (xiii) The standard width of the road, following IBRD guidelines, is 12.7 meters, (xiv) There would be a Cut-Off Date for identifying affected structures, after which any additional or new construction will not be entitled to any compensation; (xv) Structures with stickers bearing the tag number and the letter "S" refer to structures that would be severely affected, whereas those with the letter "M" would refer to structures with marginal disturbance; (xvi) For fixed assets that would be demolished, PAPs will be compensated 100% prior to demolition; (xvii) PAPs must vacate their properties seven (7) days after full payment is received whether the project will be immediately implemented or not; (xviii) Compensation for land would be based on the fair market value set by an Independent Land Appraiser (ILA); (xix) For fixed assets, compensation would be based on replacement cost; (xx) That a RAP Implementation Committee (RIC) will be formed, with representation from the PAPs; (xxi) That grievances arising from any aspect of the Project (except land valuation) can be ventilated through the RIC Main issues raised during the PCMs include: (i) They strongly support the Project even though it will entail some form of sacrifices on their part; (ii) That compensation be based on the actual dimension and type of materials that the structures are made of, instead of a flat rate; (iii) The seven (7) days given to the PAPs to vacate their properties after full payment is not sufficient for building a new house, particularly for semi concrete to concrete structures (iv) If the houses within the MKNP will also be compensated even if they don't own the land; liii (v) If there will be compensation for fruit trees to be cut, and crops to be damaged, and what will be the basis for payment; (vi) If there will be a relocation site in case the PAPs need to transfer outside the Park; (vii) If there will be a relocation site do the relocatees need to pay for the land; (viii) If landowners could recover salvaged materials Resettlement Action Plan The municipal economy of La Castellana is agriculture-based with sugarcane as the primary crop, followed by rice and corn, and then by bananas, vegetables, coffee, and coconut. Farming is considered marginal although it is the primary occupation of the PAPs. This is shown by the high percentage of the population that fall below the annual poverty threshold. Aside from this, the survey showed that food expenses make up more than 70% of their total household expenditures. Based on the Municipality's CLUP, the following comprise its development concerns: (i) Boundary conflict with Negros Oriental (ii) Diminishing forest cover due to destructive farming activities such as the slash and burn (kaingin) method (iii) Presence of titled lands and settlements site inside the MKNP (iv) Vulnerability of the integrity of MKNP due to human intrusion (v) Natural hazards to the community such as the presence of an active volcano (Mt. Kanla-on) and flooding in the lowland areas such as Poblacion (Robles) La Castellana consists of 13 barangays. These barangays were grouped into four (4) "sub- municipal" units based on common attributes such as elevation, existing land use, extent of urbanization, and location within the MKNP. These are the (i) "NATALA", which stands for the barangays of Nato, Talaptap, and Lalagsan; (ii) "CCMP", consisting of Camandag, Cabacungan, Mangbanoy, and Puso; (iii) "MCNP5", which includes the upland barangays that are located inside the MKNP, namely Masulog, Biak-na-Bato, Cabagna-an, Mansalanao, and Sag-ang and (iv) ROBLES, the seat of governance in the Municipality. iv La Castellana has only one urban center----Brgy. Robles. In its land use plan, it is regarded as the service center of Brgys. Sag-ang, Camandag, Nato, Lalagsan, Talaptap, and Mansalanao. Brgy. Cabacungan is the secondary growth center of the Municipality. It is envisioned as the service center of Brgys. Manghanoy, Puso, Biak-na-Bato, Masulog, and Cabagna-an. The only financing institution in the municipality is the United Coconut Planter's Bank, which is formerly the Rural Bank of La Castellana. The PAPs Based on the LAA, a total of 240,373.64 m2 or 24.04 hectares of land need to be acquired. Of these, 4.37 ha would be for the realignment section and 19.67 ha for additional Right-of- Way at cut sections. Please note that each of these land takes will NOT exceed 20% of the landowner's total lot area. In terms of improvements, there are a total of 150 severely affected families and 11 public infrastructure facilities (waiting sheds, barangay hall, and water pipes). There are 144 persons and families and two (2) public infrastructure facilities (waiting shed and school fence) that will be marginally affected. For ease of discussion, PAPs who will be severely affected will be referred to in this report as SPAPs; those who will just be marginally affected, MPAPs The PAPs have an average household size of 1 to 4. Majority of the respondent PAPs did not finish elementary education. More than 70% of the interviewed SPAPs fall below the annual poverty threshold for Region 6. Other indicators of standard of living such as availability of water supply and sanitation facility further confirm that majority of the PAPs are poor. In terms of project awareness, the survey showed that more than 90% of the PAPs interviwed are aware of the proposed Project. Their main source of information was from the DPWH DEO and the Project Team during the PCMs conducted. Compensation and Entitlements The following table shows a summary of the compensation and entitlement costs for the SPAPs and MPAPs. v Summary Table Showing Total Compensation and Entitlement Cost Barangay No. of Improvement No, of Improvement Land Refo Program, TOTAL COST SPAPs Cost (Structures, MPAPs Cost Acquisition Replacement of Trees, Income) (Structures, Cost Public Infra, and Trees, Income) Allowances Masulog 28 P1,344,950.50 23 P 64,610.00 75,000.00 P1,484,560.50 Biak-na-Bato 40 2,788,285.00 30 59,940.00 - - 2,848,225.00 Cabagna-an 53 3,497,458.00 44 194,233.00 P 787,083.05 350,000.00 4,828,774.05 Mansalanao 12 375,151.00 27 118,100.00 4,286,684.00 600,000.00 5,508,056.00 Camandag 7 246,780.00 8 44,560.00 1,070,668.35 150,000.00 1,540,801.00 Sag-ang 9 685,163.00 12 60,020.00 - - 745,183.00 Robles 1 6,900.00 - - 874,776.40 75,000.00 956,676.40 (L S.)* 250,000.00 250,000.00 Water Line 50,000.00 50,000.00 Transitional 563,450.00 563,450.00 & Subsistence Allowances Transport. 30,000.00 30,000.00 Allowance Extemal $2,000.00 Monitoring Sub-Total 150 P8,944,687.50 144 P541,463.00 7,019,211.80 P2,143,450.00 P18,648,812.30 I I 1 $2,000.00 Fee of Independent Land Appraiser (ILA) 37,500.00 TOTAL P18,686,312.30 Management Cost, 6% 1,121,178.74 Price contingencies, 15% 2,802,946.84 GRAND TOTAL P22,610,437.88 $2,000.00 *Note: Budget for reforestation program can be divided among the PAPs, based on the recommendation of the MKNP- PAMB Possible Relocation Sites One of the development concerns of the LGU of La Castellana is to reduce the population growth in the barangays located within the MKNP. This is aimed to reduce the vulnerability of the MKNP to further degradation due to human intrusion. Two possible- relocation sites are proposed in the Shelter Plan of La Castellana as presented in its, Comprehensive Land Use Plan. These are the referred to as the Urban Expansion Areas at Brgys. Robles and Cabacungan, both of which are located outside the MKNP. However, before this plan materializes, the conversion of these lands from agricultural to residential/built-up areas would require the approval of the Department of Agrarian Reform (DAR). The conversion process normally takes time, and may cause unnecessary delays in the implementation of the Project. Thus other options were considered. vi In a recent meeting with Mayor Enrico R. Elumba of La Castellana, he informed the DPWH- EIAPO, the Consultant, and key representatives of the Negros Occidental 2nd Engineering District that there are other relocation sites, aside from those at Brgys. Cabacungan and Robles, which are readily available to the SPAPs who would be displaced. In fact, these can be found in each project-affected barangays, namely Brgy. Masulog, Biak-na-Bato, Cabagna- an, Mansalanao, Sag-ang, and Camandag.. These areas, according to Mayor Elumba will be developed by the Municipality, and that water supply and electricity will be made available to the relocating PAFs. In fact, Barangay Resolutions from all affected barangays committing the provision of relocation sites, including electrification and development of water system in the said sites, were passed by each concerned Barangay Council (Please refer to Appendix E3 for a copy of the said Barangay Resolutions). These relocation sites are located at the center of these barangays, and so are readily accessible to the relocating PAFs. As such, no relocation cost is deemed necessary since the PAFs will be accorded the proper compensation for the structures, aside from the materials that can be salvaged from their existing structures, plus transportation assistance if necessary, that will enable them to rebuild their houses at the relocation site (Please see Appendix E4 Photographs of the relocation sites). RAP Implementation RAP Implementation is expected to be between May to December 2002. The budget for RAP Implementation is estimated at P1,099,340.00. vii San Ennque-Vallehermoso Road (La Castcllana-Canla-on City Section) Resettlement Action Plan CHAPTER 1. PROJECT DESCRIPTION 1.1 Location and Condition of Existing Roadway The La Castellana-Canlaon City road section has a total length of 23.52 kilometers. It starts at around 100 meters from the Junction of the La Castellana-La Carlota road in Barangay Robles, Municipality of La Castellana. It begins at Km 65+777 (based on kilometer post reading), or Sta. 65+610.064 (based on actual topographic survey) and heads in an easterly direction towards the foot of Mt. Kanlaon. From Brgy. Robles, it traverses six (6) more barangays namely, Camandag, Sag-ang, Mansalanao, Cabagna-an, Biak-Na-Bato, and Masulog. The road section terminates at the approach of the Masulog Bridge (-Sta. 89+138), which marks the administrative and political boundary between La Castellanai Negros Occidental and Canlaon City, Negros Oriental (Please see Fig. 1.1). The existing roadway is predominantly surfaced with gravel, which is in fair to bad condition. Its width varies from 5 m to 9 m, and has no shoulders nor side ditches on both sides. A stretch of PCC pavement in good condition can be observed towards the project end, which is around 100 m from the first approach of the Masulog Bridge. There are six (6) existing bridge structures being proposed for reconstruction and two (2) new bridges to replace existing culverts. In addition, a total of 13 box culverts and various drainage facilities along the stretch of the road are also provided. 1.2 Realignment Sections and Construction limits There are four proposed realignment sections for the La Castellana-Canlaon City road section. Each of these includes one (1) bridge. Among the four, two (2) are relatively more extensive than the others are. These realignment sections include the Taborda Bridge, and Calapnagan Bridge. The other two, the Antulan and Induruyan Bridge sites would only require minor realignments. The beginning of the road section was realigned from the existing junction at Brgy. Robles, kilometer post 65+765 to the southwest at 65+777 mainly to minimize adverse effects on the railroads. These-railroads or rail tracks are used for transporting harvested sugarcane to the hauling areas--prior to milling. Results of hydraulic studies strongly indicate the need to raise the existing Tab a Bnidge by as much as three (3) meters. This would entail a corresponding raise in the alignm6fitirin the form of an embankment. However, putting an embankment would bury the railroads that either cross or are adjacent to the existing roadway. 1-1 lKABANKA LAN - BASAY f sAN ENRIQUE - VALLEHHEMO ROAD UZN i I ~~~~LA CASTELAA - CAAON SECTX)N LUZD J l ~~~~~~STA. 0610.064. N 1.142.801.386 E = 501.879.022 I~~~ ~ ~ ~~~~~~~ ST / APP. sLk sr.oo SW ~~1 ft~~t / ~~~~~VISAYAB { Xaf~~~~/ ?Tsr WPP. s?A 7+037.100 0 c KEYMAP "IT' 10 acM" /+ >4CTO NTAGGE EC 1 | . . = ~~~~~~~~~~~~~~~~~~LA CASTELLAHA - CALC SECTiO A". STA.T B9R57.5W XE K^TRA*tEeRs TW^TL ; ~~CONRACT ¢ PACAG CWR-. Hokrao wunD @ T E G CoWMLAYOU ' MAOCCIDMTl) LAYOUT PUN. LAYWr.MAP O~0 EIOGUS ~ J.1IU~A KD9~LT. ~ ~ A AND KEY MAP 1 -2 San Ennque-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Aside from intersecting railroads, another problem with the existing road is that if the alignment of the Taborda Bridge were followed, the present orientation of the creek would just scour the embankment. A better alternative is thus to realign the roadway to avoid these predicaments. The realignment has an approximate length of 430 meters. Aside from the technical specifications, another advantage of this realignment section is that it saved a number of households from being displaced had the existing roadway been followed. No human settlements will be affected by the new alignment since it would pass through a sugarcane plantation. The alignment going to Calapnagan Bridge in Brgy. Cabagnaan can be described as a hairpin-type of curve, with a radius of 10 only. To conform to the IBRD standards, this portion is being proposed for realignment, this time using a radius of 40. The bridge will also be replaced accordingly. The realignment at Antulan Bridge is about 200 meters from Sta. 66+500. The shift in the alignment would be for an average of 20 meters from the centerline of the existing bridge towards the south. At the Induruyan Bridge site, realignment would be from Sta. 67+000 to Sta. 67+360, or a total of 360 meters. The centerline would be shifted at an average of 30 m to the north. Both realignment sections are within Brgy. Robles. 13 The Mount Kanla-on National Park It is important to note here that around 11 kilometers, or almost 50% of the entire road section is located within the Mount Kanla-on National Park (MKNP). The MKNP is a proclaimed National Park by virtue of Proclamation No. 721 in 08 August 1934, and eventually became one of the priority areas for protection under the National Integrated Protected Areas System (NIPAS) in the 90s. La Castellana is only one of the two municipalities and four cities where the MKNP is located. The other municipality is Murcia, and the four cities consist of La Carlota, Bago, San Carlos City, and Canla-on of Negros Oriental (Please see Fig. 1.2). There are 14 barangays situated within the Park. Based on the CLUP of La Castellana, these barangays have a total population of 56,433, and that the most populated settlements are found in La Castellana and Canla-on City. A "national park" is defined in R. A. 7586 or the National Integrated Protected Areas System (NIPAS) Act as: 1-3 Ir L~~~~~~~~~~~~~~~~~~ 1 l D t , .- S c i; i - . . 480 - ;~~~~~~~~~~ - .* s - ,R.J, ,7 . C;'l ~ L' OF , C A Ri L.'O ..A t 'I,- 0'1 ;. -.9_ , , 0, i R I e Rq T A L :' _ , , i 'a.,; " . , * *T, . *Cn *A *,* . ;~~~~~~ I . .1 '' ..'c.Sur|' -''~IS&IkIO0I- " P ' VI C -O''P IDAM - - ' o mbcird;/L>;sua"Bu. 'WAA J- _- -' PAJ' - C.! - 'I ~MrvASA .C - * POE CA '. * O~~~~~~~CDtiwK;O wat CABIJ.C, . ' LJCCIL< >xA U NC II~~ 1MP .9, A N U? . PA*DI-LLA. ~~14UN1,CIPMUACIPLITTYE MNUtNICIALITY OF riAELC MUZUCIPALITY OP LA CASTSLLANA ecvn*aanraAnCA~A .~ POIC Q1ECO Ocwr Fig 1.2 .. A1 S W :ffice ofl&eMumc. t flaruang IvY . C,QJ' T SHoWING MOUT X LA-O rI^ oNat ;A: crh -I .c - I _ _ , . . . E - , ALAQ 51A PUr; . : :O \ , _ tilclCN SPt^nnD~~tiGiAtOY 0 .4 1 "i . . . Q d V,,., .4- -< ,R , , *MUNICIP LITY 0ERBs '~~~~~~~~~~ PROVICEOF NIROS OCIDN4 Fi. 1.2 BR A S E M A, P Cffi" of the unuil Naanmg & rw Ckfi,ab sHOxNO MOUNT XAMAOWNTIONAI PAR ck fh i a: I, .1 Wk Mf% nr San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan "a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy, or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and prehistoric objects, wild animals and plants therein and to provide enjoyment of these features in such areas". In the case of the MKNP, this seems to be more like a goal for the PAMB and the LGU of La Castellana to achieve, rather than a definition of what it really is. For example, municipal records show that of the Park's total land area, only 8,697 are estimated to be still covered by forest. Forty one percent or 1,328 hectares are reportedly degraded or encroached upon by settlers who are engaged in illegal logging activities and slash-and-bum methods of farming (kaingin). Barren open areas and grasslands occupy 23% or 745 hectares, and approximately 487 hectares are being utilized as built-up areas. Some of the major problems afflicting the Park, as stated in La Castellana's CLUP consist of: (i) Rapid forest denudation due to illegal logging and slash-and-bum farming; (ii) Presence of settlers, barangay sites, school buildings, and national road; (iii) Presence of titled lands; (iv) Brisk population growths in barangays with areas inside the Park; and (v) Lack of livelihood opportunities to lessen dependence on extractive activities inside the Park. The Municipal Officials of La Castellana considers this a major concern, so with the help of the DENR and the provincial government of Negros Occidental, various programs are being planned to address these problems. One of this is its shelter program, which would provide socialized housing projects to its constituents. One of the target beneficiaries are those to be displaced fromrhe danger zone of the MKNP. On top priority are the underprivileged, or those whose incomes are below the poverty threshold level. Please refer to Section 55 for a more detailed discussion on possible relocation sites. 1-5 San Ennque-Vallehernoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan 1.4 Commitment of DPWH to Safeguard the MKNP'S Environmental and Social Concerns The DPWH submitted to the Resource Management Committee (RMC) of the MKNP Protected Area Management Board (PAMB) a Commitment Paper, which states the Department's pledge to implement the following mitigating measures: (i) Three (3) monitoring stations (guardhouses) will be set up. These will be strategically located at the entrance, exist, and at the junction of M. Padilla. The main purpose of these stations is to check/prevent in-migration to the Park; (ii) To reduce displacement of families, some of the PAFs will just be allowed to move their structures away from the roadway; (iii) The DPWH will provide fair compensation and entitlements to the PAFs; (iv) The replacement plan of 50 seedlings for every premium specie and five (5) for every ordinary specie cut will be adhered to; (v) A Multi-partite Monitoring Team (MMT) will be established three (3) months prior to the start of the Project. The MKNP Protected Area Superintendent (PASu) shall be a member of the MMT, and may possibly lead the Team inside the Park; (vi) The DPWH will see to it that all excess materials/spoils will be disposed properly and outside the Park. It is important to note that minimal spoils are expected since cuttings will be utilized as fill or embankment materials; (vii) All excavations shall be limited within the road R-O-W and there will be no quarrying inside the Park; (viii) There shall be no operations during nighttime. Construction works within the Park will be limited from 9:00 a. m. to 4:00 p. m. only; (ix) The DPWH will conduct orientation workshops to Contractors to inform them of the responsibilities related to environmental protection and social concerns of the Project, in particular the application of the conditions set in the ECC and the Commitment Paper; (x) Monthly progress reports by the Contractors, describing their activities inside the Park shall be provided to the RMC and the PAMB. 1-6 San Enfique-Valilehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan (xi) . There will be continuing consultation meetings with the concerned NGOs and LGUs regarding various activities inside the Park such as, cutting of trees, displacement of families, tree planting, and other pertinent activities. 1-7 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan CHAPTER 2 RATIONAL AND OBJECTIVES 2.1 The DPWH LARR Policy The DPWH Land Acquisition, Resettlement, and Rehabilitation (LARR) Policy or simply called the Resettlement Policy was formulated to provide the guidelines that will govern the implementation of road projects under the National Roads Improvement and Management Program (NRIMP). Aside from effectively managing, financing, and completing the national road network into an all-weather standard, the Program's main thrust is to ensure that pre-operating sustainable conditions are maintained. This simply means that the Department must take into full consideration the environmental and social concerns associated with infrastructure development. Specifically these concerns include: (i) involuntary resettlement; (ii) public consultation and participation; and (iii) protection of marginalized and vulnerable groups. In addressing such concerns, the Department ensures that the following objectives are met from the pre-feasibility up to the implementation stage of NRIMP projects: (i) Adverse social and physical impacts are avoided, minimized, and or mitigated; (ii) Everybody, including Project Affected Persons will benefit from the Project; (iii) 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; and (iv) Project stakeholders (which include PAPs) are consulted regarding the project's design, implementation, and operation. The Resettlement Policy defines any person, or persons, household, a firm, or a private or public institution that will be adversely affected, whether temporarily or permanently by the project, as Project Affected Persons (PAPs). Project Affected Families (PAFs), on the other hand pertains to PAPs residing under one roof and operating as a single economic unit. The Policy also renders a deeper meaning to "Resettlement" to mean "all measures taken to mitigate any and all adverse social impacts of a project on the PAPs, including compensation and relocation as needed". To ensure that the above-mentioned objectives are met, Resettlement Action Plans (RAPs) are prepared for all road projects undertaken by the DPWH under the NRIMP. 2-1 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan 2.2 Basic Principles of the RAP The following guidelines, as prescribed in the Resettlement Policy, served as the basic principles behind the preparation of this RAP. 2.2.1 Locational Planning and Design Without sacrificing the integrity of engineering designs, acquisition of land and other assets and displacement of people was minimized by developing highway designs that will avoid extensive damages to human settlements. One example of these is the use of stone masonry retaining walls at thickly populated flat sections. That is, instead of utilizing standard designs for flat areas that would entail a construction limit of about 17.7 meters (6.7 m traveled way, 2 x 1.5 meters shoulders, 2 x 3 meters embankment slope, and an allowance of 2 x 1 meter each direction), the Highway Designer came up with a different design that would only require 14.7 to 15 meters construction limit. Please refer to Figures 2.1 and 2.2 for an illustration of the typical roadway sections for flat, and flat with build up-areas, respectively. CONSTRUCTCW UWT 1000 1500 1500 f000 _ SEE DUAL 'A' _=ESlCR AX>D LeVTL llrEM 301 - BarUMNS PRIME CAT _ f IIM t - 9tMWiS CONEM SUFA CUS ' MV 202 - CROSHED ACORATE BM CCURSE 0-whw) ffI 200 - AORMEATE 9-BBASE COtSE (t-WIS) COMIPACTED FIIL FLATSECTION TYPE - i A 1.W Fig. 2.1 Typical design for flat sections 2-2 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan CONSTRUCT1ON UMNI IOD70 t500 67 )D SO O ___~~~~~~~~RV ._ WAYw__ StE DICH COMPACTED FtU EXlSTING GROIDO LVE. IlTEM 301 -ITMINOUS P-ME COT _ TEM 310 - BfliittMOUS CONCRETE SURFACE COURSE ITEM 202 - CRUSHED MCGROTE aAS COUR (t-rWI) ITEM 200 - AWRECATE SUBSASE COURSE (trles) wPE 2 FLAT SECTION (BUILT-UP MEAS) TYPE - L Fig. 2.2 Typical design for flat sections at built-up areas 2.2.2 Cut-Off Date for Census During the conduct of barangay-level Public Consultation Meetings (PCMs), the concept of the Cut-Off Date for identifying eligibility of PAPs for compensation was emphasized to the participants. It was clearly explained that the Cut-Off Date would be the last day of the census survey, and that any structure that will be built after the said date would not be qualified for payment. The PAPs were informed that they would be photographed in front of their houses and improvements; complete with tag numbers that match the numbers indicated on the stickers posted on the wall of their houses. They were also advised not to make any renovations nor improvements on the tagged structures as the payment would be based on what would be seen in the photographs and recorded in the survey instrument, and not on any other improvement. 2.2.3 Compensation Scheme Compensation schemes for land and fixed assets are provided for in the LARR Policy through a combination of World Bank's Operational Directive 4.30, and the Philippine Government's existing applicable laws, Executive Orders, Administrative Orders, and Department Orders. Impact on land and fixed assets is of two types namely, severe and marginal. 2-3 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Severely affected lands are those wherein the land take would be greater than 20% of the total land area. If the R-O-W requirement was less than 20%, but the remaining land would not be economically viable anymore, the impact would still be classified as severe. If the land take is less than 20% of the total area or the remaining land outside the required R-O-W would still be economically viable, then the effect is referred to as marginal. In the same manner, if an entire structure or fixed asset will be damaged or even if it's not the entirety but the remaining structure becomes not viable for continued use, the impact is also considered severe. On the other hand, structures that would be affected but with remaining portion still viable for continued use are considered marginally affected. PAPs with severely affected land and fixed assets are entitled to full compensation in cash for the entire property. For marginal cases, compensation would be determined by the amount equivalent to the partial loss of assets, be it in form of land or structures. This would also be paid in cash. Details on the schedule of payment for severely and marginally affected land and fixed assets, presented in form of a compensation matrix is provided in this report as Appendix A. 2.2.4 Modes of Compensation In accordance with the LARR Policy, the modes of compensation for severely and marginally affected PAPs would be as follows: (i) Payment to losses equivalent to the amount of materials and labor for re- constructing a similar structure for houses and other fixed structures with NO deductions for salvaged materials; (ii) Compensation based on replacement cost (e.g., cost of houses and other related structures based on current market prices of materials and labor if the same were reconstructed) for the loss of fixed assets; (iii) "Land for land" type of compensation, wherein the replacement of the affected land would be by another land of equivalent productive value at a location acceptable to the PAP. If land is not available, cash representing the value of the land would be paid to the PAP; (iv) Disturbance compensation to lessees of agricultural land affected by the Project, which is equivalent to five (5) times the average gross harvest during the last five (5) years. 24 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Other forms of resettlement assistance to be provided by the DPWH to eligible PAPs are also found in Appendix A. 2.2.5 Rejection of Government Offer In the event the PAP rejects the compensation package offered by the DPWH, the Department can initiate expropriation proceedings in accordance with Administrative Order No. 50 (A. 0. 50). While the case is being tried in court, DPWH can proceed with the construction works, provided that a deposit equivalent to the whole amount being offered by the DPWH for the value of land, and 100% of the value of structures is deposited in an escrow. Other details on the compensation scheme to be adopted, such as additional resettlement assistance that DPWH must provide eligible PAPs are also included in Appendix A. 2.2.6 Formation of a RAP Implementation Committee For successful implementation of the RAP, a body consisting of the key stakeholders of the Project is necessary. A RAP Implementation Committee will be set up during the project implementation stage. For this Project, the Negros Occidental 2nd District Engineering Office will be the principal and regular representative of the DPWH in the RIC to be formed. Close coordination between the RIC, Region 6, and the DPWH Central Office will be ensured. In accordance with the LARR Policy the RIC will have the following tasks: (v) Assist in the validation of PAPs, including their assets that will be affected by the Project; (vi) Assist in implementing the RAP; (vii) Assist in public information campaign, public participation and consultation; (viii) Assist the DEO in the payment of compensation to PAPs; (ix) Receive complains and grievances from PAPs and other stakeholders and act on them accordingly; (x) Maintain record of all public meetings, complaints, and actions taken to address complaints and grievances; 2-5 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan (xi) Assist in the enforcement of laws/ordinances regarding encroachment into *the project road corridor, in coordination with concerned government authorities 2.2.7 Grievance Procedures If there will be grievances arising from any aspect of the Project, these will be handled through negotiations following the succeeding procedures: (i) PAPs may file their grievances to the RIC, who in turn must properly document the complaint and act on it within 15 days upon receipt of the said complaint (this does not include those cases wherein the grievance pertains to the valuation of affected assets, since such cases should be decided upon by proper courts); (ii) If no understanding or amicable solution is reached, or if the PAP do not receive a response from the RIC within 15 days of registry, the Complainant can appeal to the Office of the DPWH Regional Director which should act on the complaint/grievance within 15 days from the day of its filing; (iii) If the PAP is not satisfied with the Office of the DPWH Regional Director Office's decision, he can submit the said complaint to a court of law The PAPs shall be exempted from all administrative and legal fees incurred in pursuant to the grievance redress procedures. 2-6 San Enfique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan CHAPTER 3. METHODOLOGY The procedures undertaken in preparing the RAP are in agreement with the LARR Policy and are briefly described in this chapter. These are: (i) orientation of Regional and District Personnel; (ii) preliminary site investigation (iii) consultation meeting with concerned LGUs; (iv) barangay level public consultation meetings; (v) tagging of project affected structures; (vi) conduct of social impact and land acquisition assessment; and (vii) data processing and analysis. 3.1 Orientation of Regional and District Engineering Offices (DEOs) Orientation of the Regional and District Engineering Offices was held on 12 December 2001 at the DPWH Region VI Office at Iloilo City. The meeting was presided by Ms. Olive Baguio of the EIAPO. Participants include representatives from the Negros Occidental 2nd and 3rd District Engineering Office, and Region VI. Engr. Olive Baguio of the DPWH-EIAPO, and Participants to the Orientation Meeting at the Engr. Claro Cesario Moscoso, Chief of the DPWH Region 6 Conference Room Planning & Design Division, DPWH Region 6 During the orientation it was also learned the prevailing Right-of-Way is set at 20 meters for both the La Castellana-Canlaon City Road and the Hinobaan-Basay Road, although some portions in La Castellana, particularly those inside the Mt. Kanlaon National Park (MKNP) are limited to a 15-meter R-O-W. 3-1 San Ennque-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan 3.2 Preliminary Site Investigation Preliminary site investigation along the La Castellana-Canlaon City Road Section was conducted on 13 December 2000. The Consultant made several stops at sections that were deemed too constricted. It was noted that the existing traveled way measured an average of eight (8) to nine (9) meters only with no shoulders and no side ditches. Encroachment into the R-O-W was evident from the way the fences, and in most cases, sari-sari stores and even houses are built immediately adjacent to the traveled way. Rk- _ Taken at Sito Old Fabnca, Brgy. Cabagna-an Taken at Brgy. Mansalanao The Consultant also conducted brief, informal interviews with the local people to identify the different barangays that will be traversed by the road project. 33 Consultation Meeting with LGUs In preparation for the consultation meetings with the concerned LGUs, the Consultant wrote a letter to the Mayor of La Castellana, Mr. Enrico R. Elumba, requesting the attendance of concerned barangay captains at the Municipal Hall in 09 January 2001. In 08 January 2001, the Consultant briefed Mayor Elumba on the purpose and objectives of the meeting scheduled with his constituent barangay officials. In 09 January 2001 the consultation meeting took place at the Office of Mayor Elumba at 9:00 a. m. Except for Brgy. Camandag, all the Barangay Captains of concerned barangays---Robles, Camandag, Mansalanao, Cabagna-an, Biak-na-Bato, and Masulog attended the consultation meeting. The Municipal Engineer, Assessor, and representative of the Municipal Planning and Development Officer (MPDO) of La Castellana upon the request of the Consultant also attended the meeting. 3-2 San Enique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Barangay Captains of Robles, Mansalanao, Biak- Mayor Elumba, Mrs. Galeno, Municipal na-Bato, Masulog, and Cabagna-an Assessor, Engr. Maglaque, Municipal Engineer, and the members of the Project Team checking boundaries of land on the Cadastral Map of La Castellana Mayor Elumba started the meeting with a welcoming remark, and introduced his municipal and barangay officials. The Consultant explained the National Roads Improvement and Management Program (NRIMP) under which the road under study will be implemented. Among the topics included are the: (i) definition of severe and marginal impacts; (ii) conduct of PCMs at each barangay; (iii) importance of tagging the structures to be affected using pre-numbered stickers; (iv) the need to photograph the PAPs, together with the structures and improvements to be affected; and (v) conduct of census and socio-economic survey of PAPs. The Consultant then discussed with each barangay captain the target schedule for the barangay PCMs. The meeting adjourned at 11:30 a. m. 3.4 Training of Enumerators from the DEOs The Consultant and the EIAPO agreed to utilize the concerned District Engineering personnel as enumerators since they are the principal and regular representative of DPWH in the RAP Implementation Committee (RIC) to be set up. This did not only familiarize the DEO key staff and representatives with the important concepts of the Resettlement Policy but also gave them a chance to have a hands-on experience in dealing with the PAPs. In this manner, succeeding disclosures with them would be much easier since a considerable level of confidence and trust would have been established. 3-3 San Enrique-Vallehermoso Road (La Castcllana-Canla-on City Section) Resettlement Action Plan I.., 9 . ' Training of the representatives from the Negros Occidental 2"' District Engineering Office. Second from right is Engr. Lea Delfinado, Chief of Planning Section During the training they were informed that data gathering for the RAP would consist of three main tasks namely, (i) assistance in tagging; (ii) cost estimating and drawing of sketches; and (iii) survey of PAPs. They were given sufficient instruction of how to carry out the assignments given to them. For example, tagging required the setting out of construction limits using meter tapes to determine the project-affected structures. Cost estimates for structures were to be prepared by computing the corresponding bill of materials, plus labor (including demolition and construction). Sketches of affected structures were to be prepared usinrg the plan and profile provided by the EDT as reference. Estimated values were to be based on actual account of the structures, computed at current replacement cost. Survey of PAPs was to be carried out using the PAPs' native tongue, i.e., Ilongo. During the actual LAA and SIA, the group was divided into three, according to the above-mentioned tasks. 3.5 Barangay Level Public Consultation Meetings All PCMs commenced with an opening prayer. This was followed by a brief description of the Project, and the purpose of the PCM. To familiarize the target PAPs with the RAP preparation process, the Consultant discussed in detail the activities that will be undertaken, from tagging to the conduct of socioeconomic survey. Examples of stickers to be used for tagging were also shown. The Consultant even asked for PAP volunteers in demonstrating how they will be photographed in front of their houses carrying a board showing the tag number of the affected structure. 34 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan PCM at Brgy. Cabagna-an PCM at Brgy. Biak-na-Bato During the Open Forum, the participants were encouraged to ask questions about the RAP, express their apprehensions and concerns regarding the proposed Project, and raise other relevant issues. All the PCMs were properly documented by means of attendance sheets, photographs, and cassette tape recordings of each open forum (A copy of the Attendance Sheets and Proceedings of the PCMs are found in Appendix B). In terms of venue, PCMs were held at barangay halls, elementary schools/day care centers, and even along the roadway. Details on the results of the PCMs are presented in the next chapter. 3.6 Tagging of Project Affected Structures and Taking of Photographs Tagging was carried out after each barangay consultation meeting to make sure that the PAPs are well informed of the purpose of the stickers. The Tag Team was headed by an authorized representative of the Engineering Design Team (EDT). He was assisted by one of the trained DEO staff. It is important to note at this point that the engineering plans that would specify the final construction limit were not yet available when tagging was undertaken. Such being the case, the Consultant decided to take the maximum number of PAPs that would probably be affected, by following the preliminary construction limits that were assigned by the EDT. Tagging of affected structures and improvements commenced in 09 Jan 2001 and completed in 18 Jan 2001. Tagging of public infrastructure facilities was undertaken in 26 Jan 2001. Tagging was followed by the taking of photographs of the PAPs. The PCMs were very effective as indicated by the eagerness of the PAPs to have their photographs taken, complete with the tag board, which they carried willingly. 3-5 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan SPAP at Brgy. Cabagna-an SPAP, also at Brgy. Cabagna-an. This shows a typical san-san store at the project area 3.7 Census and Socioeconomic Survey The conduct of LAA and SIA immediately followed the tagging process. The survey instrument consists of seven (7) pages. Said instrument was pre-coded to facilitate inputting and processing of information in the computer. In accordance with the LARR Policy, census, covering general information on all the PAPs such as demographic data and properties affected was undertaken, and socioeconomic surveys were limited to only those who will be severely affected. To cover 100% census regardless of the severity of impact, the first three (3) pages of the instrument was designed to include basic data on the PAPs. For marginally affected persons/families, only these first three (3) pages were used to obtain the necessary information. For the severely affected, the entire seven (7) pages of the instrument were administered. Census and socioeconomic survey of PAPs was started in 10 January 2001 and completed in 07 February 2001. Accomplished instruments were checked for completeness on a daily basis. Forms with missing data were revalidated at the field for correction. A copy of the survey instrument is provided as Appendix C. 3.8 Data Processing and Analysis Properly filled up forms were inputted in the computer using SPSS version 9.0 for Windows. 3-6 San Ennque-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan CHAPTER 4. PROCEEDINGS OF PUBLIC CONSULTATION MEETINGS The LARR Policy explicitly stated the importance of conducting a "thorough barangay meeting to orient and ensure the that the community understands the nature and extent of the proposed project". It further stressed that project awareness will facilitate the data gathering process and ensure the quality of data that would be provided by the community to the project team. During the conduct of barangay-level PCMs, all the Barangay Officials who attended the orientation meeting at the municipal level were present. As the barangays' respected leaders, their participation provided an atmosphere that allowed a free flow of discussion to take place. As observed, the PAPs were at ease, trusting, and eager to listen. Even when they were informed that the implementation of the Project would entail displacement, they maintained an open mind by responding that "sacrifices must at times be made for the benefit of more people". Majority of the PAPs expressed strong support to the Project. Some became emotional because according to them, they have been waiting for a very long time for the improvement of this road section. En elderly woman even exclaimed that the long wait has turned her hair to gray. However, some conveyed their apprehension regarding the manner and basis of payment to their properties. In return for the "sacrifice", their only request is that they be accorded prompt and just compensation. When the basic principles of the LARR Policy and the objectives of the RAP were explained to them, their acceptance of the Project seemed to have reached finality. PCMs at project-affected barangays were held on the following schedule: Barangay Date Time Masulog 09 January 2001 2:00 p. m. Biak-na-Bato 09 January 2001 4:00 p. m. Sitio Old Fabrica, Cabagna-an 10 January 2001 8:00 a. m. Cabagna-an Proper 10 January 2001 8:00 a. m. Mansalanao Proper 10 January 2001 1:00 p. m. Robles 10 January 2001 4:00 p. m. Sitio Nolan, Mansalanao 15 January 2001 2:00 p. m. Sag-ang 15 January 2001 4:00 p. m. Sitio Calapnagan, Camandag 15 January 2001 5:00 p. m. 4-1 San Ennque-Vallehermoso Road (La Casrellana-Canla-on City Section) Resettlement Action Plan Although there were only seven (7) barangays traversed by the alignment, two (2) of these, specifically Cabagna-an and Mansalanao have PAPs that belong to different sitios (a smaller unit of a barangay), and are far apart from each other. In Barangay Camandag, only one sitio, i.e., Sitio Calapnagan would be affected. Thus, nine (9) PCMs were conducted. A brief description of the project, followed by the basic principles of the Resettlement Policy was presented during each PCM. In summary these are: (i) The La Castellana-Canlaon City Road is under the World Bank-assisted National Roads Improvement and Management Program (NRIMP) and as such requires a Resettlement Action Plan (RAP) as a condition prior to implementation; (ii) The Resettlement Policy is initially applicable only to road projects under the NRIMP and that the stakeholders must not expect the same guidelines, particularly in terms of compensation, to be applied to other projects of the DPWH; (iii) The RAP would include three main areas of concern namely, the identification of adverse environmental and social impacts as well as the recommendation of mitigating measures to abate such impacts; the socio-economic survey of PAPs, and the determination of compensation and entitlements to the PAPs. (iv) The identification of project-affected structures was still preliminary since the detailed engineering design for the road section was still on-going; and that the tagging and census would be maximized to include all possible PAPs; It was explained to them that the number of affected structures may still decrease once the detailed design is completed, and this would be related to them through the 2nd Negros Occidental DEO; (v) The standard width of the road, following DPWH guidelines, is 12.7 meters, consisting of 6.7 m travel way, 1.5 m shoulder and 1.5 m side ditches in both directions. However the width may vary depending on the natural configuration of the terrain; i.e., rolling to mountainous sections would necessitate wider R-O- W due to cut and fill requirements. (vi) The existing R-O-W for the La Castellana-Canlaon City Road is set at 20 meters, except for some portions within the Mt. Kanlaon National Park, which are narrower by about five (5) meters. (vii) There would be a Cut-Off Date for identifying affected structures, after which any additional or new construction will not be entitled to any compensation. 4-2 San Ennque-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan The cut-off date was set to be the last day of the conduct of socio-economic survey. (viii) Structures with stickers bearing the tag number and the letter "S" refer to structures that would be severely affected, whereas those with the letter "M" would refer to structures with marginal disturbance such as damages to fences, extensions that are not vital to the stability and integrity of the main structure, cutting of fruit-bearing trees, and the likes; (ix) For fixed assets that would be demolished, PAPs will be compensated 100% prior to demolition; however, it was pointed out that the PAPs must vacate their properties seven (7) days after full payment is received whether the project will be immediately implemented or not, as stated in a contract that they will sign (The number of days was extended up to 30 days for permanent structures upon request from residents); (x) Compensation for land would be based on the fair market value set by an Independent Land Appraiser (ILA); (xi) For fixed assets, compensation would be based on replacement cost (i.e., price of labor and materials if the structure were to be reconstructed), without deductions for salvaged materials; (xii) Payment procedure to PAPs would be very transparent, since they would be asked to sign documentation papers with the signature of the concerned Barangay Captain affixed on it; (xiii) That a RAP Implementation Committee (RIC), consisting of representatives from the DPWH, Municipal and Barangay Officials, and the host communities, will be formed, giving the PAPs a chance to actively participate in the implementation of the RAP; (xiv) That grievances arising from any aspect of the Project (except land valuation) can be ventilated through the RIC, and that these shall be acted upon accordingly within prevailing laws, rules, and regulations. 4.1 Project Stakeholders There are five (5) main groups of stakeholders for the La Castellana-Canlaon City Road Section. These are the: (i) DPWH 2nd Negros Occidental District Engineering Office (project implementer); (ii) local government officials of La Castellana and the seven (7) project 4-3 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan affected barangays; (iii) officers and members of the Mt. Kanlaon National Park Protected Areas Management Board (MKNP-PAMB); (iv) local residents of project-effected barangays; and (v) landowners of realignment sections at Barangay Robles. Representatives from all these groups participated in the PCMs. Key personnel from the DPWH 2nd Negros Occidental District Engineering Office based at Binalbagan, including its Chief of Planning Section, Engr. Lea Delfinado were present in all these PCMs. To better familiarize and prepare the DEO on the various RAP activities, the Consultant let Engr. Delfinado preside the last three (3) PCMs. The said PCMs were completed satisfactorily. -Aside from the briefing held at the Mayor's Office at La Castellana, Barangay Captains of affected barangays attended the respective PCMs. The barangay captains represent both the LGU and the MKNP-PAMB since they are members of both institutions. In addition to these PCMs, a separate consultation meeting was undertaken with the MKNP Protected Area Superintendent (PASu), Mr. Errol Gatumbato on 01 Feb 2001, at the MKNP Office in Bacolod City. 4.2 The Project Team Project Team here refers to the group that is responsible for the completion of the RAP. The members consist of Ms. Olive Baguio of the EIAPO, Ms. Delia Mabaquiao of Region VI, Engr. Lea Delfinado, Mr. Mario T. Muleta, Mr. Kirk Laxa, and Mr. Ricky Manlangit of the 2d Negros Occidental DEO, Mr. Paquito Franco of KEI, Mr. Ferdie Narcisa, Mrs. Felicia Gabriel, and Mr. Ronaldo Manipol of Katahira & Engineer International, and Ms. Annabelle Herrera, as the Team Leader. 4.3 Mechanisms for Stakeholder Participation As mentioned in Chapter 3, participants were encouraged to raise issues, concerns, or reactions to the proposed Project'during the open forum portion of the PCMs. A summary of the issues and concerns raised during the PCMs are provided in Table 4.1. Please note that the barangay/sitio at which the issues were raised are indicated on the middle column for proper reference. 4-4 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 4.1 Issues and Concerns Raised During the PCMs Issues/Concerns Raised Stakeholders Who Responses Made by the Project Team Raised the Issues/Concerns They strongly support the Project Brgys. Masulog, Biak- If the affected communities will help make the even though it will entail some na-Bato, Cabagna-an preparation of the RAP successful by form of sacrifices on their part, cooperating during the census and surveys, then such as damage to their properties their aspiration of having a paved roadway would be more attainable That compensation be based on Brgy. Masulog Compensation of fixed assets would be in terms the actual dimension and type of of replacement cost, i.e., the cost to reconstruct a materials that the structures are new structure of the same size, using the same made of, instead of a flat rate for type of materials all If the houses within the MKNP Brgys. Masulog, Biak- For PAPs inside the MKNP, compensation will also be compensated, na-Bato would be on affected structures and . considering that they don't own improvements, even if they don't own the land the land If their houses are located along Brgy. Masulog If there are no other available alienable and cliffs that would be cut or filled, disposable land in Brgy. Masulog, the LGU of where can they build their new La Castellana has identified areas for urban homes expansion in Barangay Robles and Brgy. Cabacungan, which are possible relocation sites for these types of displacement. However, some of these areas are still subject to approval by the Department of Agrarian Reform (DAR) for conversion from agricultural to build-up areas. If Tax Declaration can be used as Brgy. Masulog Tax Declaration (TID) is an acceptable proof of proof of land ownership ownership of land. Holders of TD are eligible for land compensation If they don't own the land but Brgys. Biak-na-Bato, Compensation would be in terms of the affected they own the structures Cabagna-an structures and improvements only What the compensation would be Brgy. Masulog, Sitio If the impact is severe, and the PAP is a if land to be acquired is planted to Nolan of Mansalanao landowner, he would be compensated for the sugarcane land based on ILA appraisal plus financial assistance, and given sufficient time to harvest their crops. If he is an agricultural lessee, he would be paid disturbance compensation equivalent to five (5) times the average of his gross harvest during the last five (5) years, but not less than P15, 000.00 If there will be compensation for Brgys. Masulog, Biak- Fruit trees and crops to be damaged will be fruit trees to be cut, and crops to na-Bato, Cabagna-an, included in the payment for improvements, and be damaged, and what will be the Robles price would be based on the valuation of the basis for payment Municipal Assessor 4-5 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 4.1 Issues and Concerns Raised During the PCMs (Continued...) If cost for demolition will be Brgys. Biak-na-Bato, Cost for demolition would be included in the included in the computation of computation for replacement cost if the PAP compensation package will be the one to have his structure demolished; otherwise, demolition cost would be deducted from the compensation package Who will demolish the structures Brgys. Biak-na-Bato, For PAPs who own structures that are made of light to wooden materials, the Consultant advised them to demolish their own abodes so that they can carefully disband the structure and thus ensure that salvaged materials can still be utilized. For owners of semi-concrete to concrete houses, they have the option whether to demolish their own structures, or let DPWH do it. If they choose the second option, the cost for demolition would be deducted from their compensation package. If there will be a relocation site do Brgys. Biak-na-Bato, In accordance with the law (RA 7279), the relocatees need to pay for the relocatees at govemment-provided relocation land sites must pay for the land they will occupy at an amortization rate affordable to them, and must be guaranteed security of tenure. How far from the centerline will Brgys Cabagna-an, This would depend on the type of terrain and the be covered by the construction Sitio Nolan of construction limit. Since the existing R-O-W is activities Mansalanao, Sitio 20 meters, they can expect the construction limit Calapnagan of to reach 10 meters from the centerline. Camandag If the government will pay based Brgys. Biak-na-Bato, For land to be acquired, the government would on the actual assessment of the Cabagna-an pay at the rate specified by the ILA. For property structures, it would be based on replacement cost. For improvements, it would be based on the Municipal Assessor's latest schedule of payment for improvements. If landowners could recover Sitio Nolan of Landowners could recover salvaged materials salvaged materials Mansalanao without being deducted from their compensation. What the compensation would be Sitio Nolan of If the entire structure would be damaged, or for big concrete houses Mansalanao when the remaining structure becomes not viable for continued use, compensation would be for the entire building, based on replacement cost. For partial damage and the structure would still be viable for continued use, only the affected portion would be compensated based on replacement cost. The seven (7) days given to the Brgy. Sag-ang The Consultant discussed this issue with the PAPs to vacate their properties DPWH EIAPO and requested for an extension after full paymentis not of fifteen (15) to thirty (30) days. The EIAPO sufficient,for building a new decided to allow PAFs with permanent house, particularly for semi structures thirty (30) days to vacate their abodes, concrete to concrete structures whereas those with makeshift structures still have to do it in seven (7) days. 4-6 San Enrique-Vallehermoso Road (La Castellana-Cania-on City Section) Resettlement Action Plan CHAPTER 5. RESETTLEMENT ACTION PLAN The province of Negros Occidental where the La Castellana-Canlaon Road section is located is the largest among the other provinces in Region 6. Its total land area is 792,697 hectares. It is situated in the northern and western portion of Negros Island, and is divided from the other half of the Island, Negros Oriental, by the Kanla-on Mountain Range. 5.1 Characterization of Geo-Political Units 5.1.1 La Castellana, The Affected Municipalitv La Castellana is an inland municipality of the island of Negros Occidental. It is bounded on the north by La Carlota City, on the south by the Municipalities of Isabela and Moises Padilla, on the west by the Municipalities of Pontevedra and and Hinigaran, and on the east by Canla- on City of Negros Oriental. It has a total land area of 21,651 hectares, which is around 2.73% of the total land area of Negros Occidental. La Castellana has two (2) major land management units namely, Alienable and Disposable (A & D) land and Forest Land. Forest Land is defined by the boundaries of the Mount Kanla-on National Park (MKNP), which measures 3,239 hectares plus another 168 hectares devoted to production forest, designated as an Integrated Social Forestry (ISF) Program area by the DENR, totaling to 3, 407 hectares of forest land. The remaining 18,244 hectares is classified as A & D. The Municipality devotes 4,585 hectares of its A & D land to food production, whereas a much larger 10,835 hectares of land is devoted to industrial crops, which are mostly sugarcane. La Castellana consists of 13 barangays. In its Comprehensive Land Use Plan (CLUP), these barangays were grouped into four (4) "sub-municipal" units based on common attributes such as elevation, existing land use, extent of urbanization, and location within the MKNP. These are the (i) "NATALA", which stands for the barangays of Nato, Talaptap, and Lalagsan; (ii) "CCMP', consisting of Camandag, Cabacungan, Manghanoy, and Puso; (iii) "MCNP5", which includes the upland barangays that are located inside the MKNP, namely Masulog, Biak-na-Bato, Cabagna-an, Mansalanao, and Sag-ang and (iv) ROBLES, the only urban barangay of the Municipality. 5-1 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Demographic Characteristics La Castellana's population was registered as 54,277 in 1990 and 59,620 in 1995, based on the 1995 NSO Census of Population and Housing data. These represents 2.4% and 2.9% of Negros Occidental's total population, respectively. Its population density in 1990 was 250 per km2 and in 1995, 275 per km2. As seen from Table 5.1.1, the Municipality's growth rate from the time it became a town in 1918 up to the present do not seem to indicate a regular pattern. The significant increase in population from the 1930's to 1948 was attributed to the influx of sugarcane plantation laborers called "sakadas", who were hired from the island of Panay. The negative growth rate from 1960 to 1970 on the other hand, was assumed to be due to the eruption of Mt. Kanlaon in 1969. This was followed by growth rates in the 1970's, which were again attributed to a recovery of the sugar industry. A relatively stable growth pattern from 1990 to 1995 was attributed to success of the Family Planning campaign of the government (CLUP of La Castellana, 1995-2005). Table 5.1.1 Population and Growth Rate of La Castellana, 1918-1995 Year Population Growth Rate 1918 8,087 - 1939 16,861 5.2 1948 24,654 5.1 1960 35,630 3.7 1970 34,881 -0.2 1975 41,821 3.9 1980 44,684 1.4 1990 54,277 2.1 1995 59,620 1.9 Source: Modified from the CLUP of La Castellana, 1995-2005 Table 5.1.2 shows the population and growth rates of the four (4) sub-municipal units in La Castellana. As seen from this table, the MCNP5 showed the highest average growth rate of 4.05% from 1970 to 1990. On the contrary, the only urban barangay, Robles only grew at 0.68% during the 20-year period. This trend alarmed the LGU, since the MCNP5 barangays are located adjacent to and within the MKNP, where encroachment and agricultural activities are highly discouraged. It was mentioned in the CLUP that the remarkable growth rate in MCNP5 might be attributed to the insurgency problem during 5-2 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan those times, which triggered the in-migration of people from the hinterlands of Negros Oriental towards these upland barangays of La Castellana. The trend seemed to have normalized from 1990 to 1995, wherein the average growth rates of Robles and MCNP5 became 4.26% and 1.29%, respectively. Table 5.1.2 Population and Growth Rates of the Sub-Municipal Units of La Castellana 1970 1990 Average 1995 Average Sub-Municipal Unit Growth Growth Rate Rate Robles 10,789 12,266 0.68 14,879 4.26 NATALA (Nato, Talaptap, Lalagsan) 4,843 7,856 3.11 7,609 -0.63 CCMP (Camandag, Cabacungan, 8,292 14,734 3.88 16,138 1.90 Manghanoy, and Puso) I I I MCNP5 (Sag-ang, Mansalanao, Cabagna-an 10,899 19,721 4.05 20,994 1.29 Biak-na-Bato, Masulog) Source: Modified from the CLUP of La Castellana, 1995-2005 Socioeconomic Characteristics The municipal economy of La Castella is agriculture-based with sugarcane as the primary crop, followed by rice and corn, and then by bananas, vegetables, coffee, and coconut. As previously mentioned, 10,835 hectares or 50% of its total land area is devoted to sugarcane plantation, whereas only 4,585 hectares, or 21% is planted to rice and other food crops. This is also shown by the distribution of its labor force, which consists of more than 79% that are engaged in its primary industry (Please see Table 5.1.3). Table 5.13 Distribution of Labor Force in La Castellana by Type of Industry Industry Population % to Total A. Primary 15,246 79.88 (Agriculture, Fishery, Forestry, Mining, Quarrying) B. Secondary 1,047 5.48 (Manufacturing, Electricity, Gas & Water Construction) C. Tertiary 2,794 14.64 (Wholesale & Retail Trade, Transportation, Storage & Communication, Finance, Insurance, Real Estate Business Services, Community, Social & Related Services) TOTAL 19,087 100.00 Source: Modified from the CLUP of La Castellana (1995-2005) 5-3 San Enrique-Valleherrnoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan La Castellana has only one urban center----Brgy. Robles. In its land use plan, it is regarded as the service center of Brgys. Sag-ang, Camandag, Nato, Lalagsan, Talaptap, and Mansalanao. It is also planned for expansion through accretion or extension of its urban area. However, although it is considered as the major trading in the municipality, it does not have the capacity to absorb all the town's farm products. Surplus in crop production are normally brought to Bacolod City and other cities and municipalities such as La Carlota, Bago City, Isabela, and even San Carlos City; and command a good price. Brgy. Cabacungan is the secondary growth center of the Municipality. It is envisioned as the service center of Brgys. Manghanoy, Puso, Biak-na-Bato, Masulog, and Cabagna- an. Based on its CLUP, it has the most active trading activity. People from Cabacungan and other nearby barangays do not need to go to Robles since their household needs are available in this barangay. The only financing institution in the municipality is the United Coconut Planter's Bank, which is formerly the Rural Bank of La Castellana. Development Concerns of the Municipality Based on the Municipality's CLUP, the following comprise its development concerns: (i) Boundary conflict with Negros Oriental (ii) Diminishing forest cover due to destructive farming activities such as the slash and burn (kaingin) method (iii) Presence of titled lands and settlements site inside the MKNP (iv) Vulnerability of the integrity of MIKNP due to human intrusion (v) Natural hazards to the community such as the presence of an active volcano (Mt. Kanla-on) and flooding in the lowland areas such as Poblacion (Robles) It can be noted from the above-enumerated concerns that three (3) out of five (5) are concerning the protection of the MKNP from further degradation due to destructive human activities. Part of the Municipality's main objectives and strategies to address these concems are: (vi) To reduce the population growth in the barangays located within the MKNP; 5-4 San Enfique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan (vii) To provide alternative livelihood to upland farmers so that forest destruction due to illegal farming activities can be avoided; (viii) To intensify family planning program in the upland barangays; (ix) To increase private participation through investments; add (x) To further develop Brgy. Cabacungian as a secondary growth center 5.1.2 MCNP5 and Robles: The Affected Sub-Municipal Units The La Castellana-Canla-on City Road traverses two (2) of the four (4) sub-municipal units of the Municipality, namely the MCNP5 and Brgy. Robles. MCNP5, as previously mentioned are made up of Brgys. Sag-ang, Mansalanao, Cabagna-an, Biak-na-Bato, and Masulog. Table 5.1.4 presents a comparison between the 1990 population densities at the provincial, municipal, and sub-municipal levels (Brgy. Robles and MCNP5). It is noticeable from the table that among the upland barangays of the MCNP5, Cabagna-an shows the highest population density inside the MKNP, which is even higher than its density outside the Park. This means that in that barangay, majority (70.8%) of the residents live inside the MKNP. Although the settlements within the Park may have existed even before the proclamation of the MKNP as a protected area, population growth should have been controlled. As cited in the CLUP, the spirit of the proclamation should have "withdrawn the protected area from sale, settlement, and other forms of disposition". Instead, infrastructure and facilities that served as attractions for more people to settle inside the Park were built. Some of these are the school buildings in Brgys. Masulog, Biak-na-Bato, and Cabagna-an that were constructed inside the MKNP, plus the water supply system that services most of the upland barangays. Nevertheless, the Municipal Officials are still very keen in preserving the integrity of the Park, and is cognizant of the need to institute the proper policies that would help realize this objective. 5-5 San Enrique-Vallehernoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.1.4 Comparative Population Densities at the Provincial, Municipal, and Sub-Municipal Levels Sub-unit/Barangay Land Area Population Density Land Area Population Density A & D (Outside Inside the Inside (Outside the MKNP) MKNP MKNP Park, in (kM2) _ _ _ _ _ _ _ _ ~~~~kn2) NEGROS OCC. 7,926.10 1,892,728 239 NA NA NA LA CASTELLANA 216.51 54,277 251 NA NA NA Robles 33.90 12,266 362 NA NA NA MCNP5 52.21 15,261 292 32.39 4,460 137 Sag-ang 26.90 9,008 335 9.20 650 71 Mansalanao 7.88 2,206 280 2.02 0 0 -abagiaan . 8'- 537:.: 844.e - 1 - 517; ' 8.48-' i'2.050, 242 Biak-na-Bato 6.62 1,382 209 8.33 1,270 152 Masulog 5.44 1,821 335 4.36 490 112 Source: Modified from the CLUP Of La Castellana, 1995-2005 5.2 Socioeconomic Profile of PAFs The following socioeconomic information on the severely and marginally affected families are based on the census and socioeconomic survey undertaken from 10 January to 07 February 2001. As mentioned in Chapter 3 of this report, a 100% census was carried out for all PAFs, but in terms of the socioeconomic survey, only the severely affected were interviewed. For ease of discussion, PAFs who will be severely affected will be referred to in this report as SPAFs; those who will just be marginally affected, MPAFs. Based on the LAA, there are a total of 150 severely affected families and 11 public infrastructure facilities (waiting sheds, barangay hall, and water pipes). On the other hand, there are 144 families and two (2) public infrastructure facilities (waiting shed and school fence) that will be marginally affected. Table 5.2.1 shows the distribution of project affected persons and families, and public infrastructure facilities by barangay. As shown in the table, Brgy. Cabagna-an has the most number of affected PAFs, both for the severe and marginal categories. This may be because among the upland barangays in the MCNP5, Cabagna-an has the most number of persons living inside the Park. The same logic applies to Biak-na-Bato, being the second in rank. It is important to note here that although all the realignment sections are located in Brgy. Robles, one (1) family and one (1) public infra (waiting shed), will be severely 5-6 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan affected since most of the areas to be traversed are planted to sugarcane, and sparsely populated. Table 5.2.1 Distribution of SPAFs, MPAFs and Public Infrastructure Facilities by Barangay Severe Impact Marginal Impact Barangay PAFs Public Infra PAFs Public Infra Masulog 28 23 1 Biak-Na-Bato 40 - 30 Cabagnaan 53 1 44 X Mansalanao 12 9 27 Camandag 7 - 8 1 Sag-Ang 9 - 12 - Robles 1 1 0 - Total 150 11 144 2 5.2.1 Demography and Basic Information Household Size Tables 5.2.2a and 5.2.2b show respectively the household size of the SPAFs and MPAFs per barangay. As seen from these tables, majority of both categories of PAFs have an average household size of 1 to 4. Only 2.1% and 0.7% have household size greater than 10 for the severely and marginally affected families, respectively. Table 52.2a Household Size of SPAFs Barangay Household Size/Percentage 1-4 % 5-7 % -810 % >10 % Masulog 11 40.7 10 37.0 5 18.5 1 3.7 Biak-Na-Bato 16 43.2 18 48.6 2 5.4 1 2.7 Cabagnaan 30 58.8 17 333 4 7.8 - - Mansalanao 5 45.5 3 273 3 273 Camandag 5 71.4 1 143 1 143 Sag-Ang 7 77.8 1 11.1 - - 1 11.1 Robles - - 1 100.0 - - - - Total 74 51.7 51 35.7 15 10.5 3 2.1 5-7 San Enrique-Vallehermoso Road (La Castellana-CanJa-on City Section) Resettlement Action Plan Table 5.2.2b Household Size of MPAFs Barangay Household Size/Percentage 14 5-7 % 8-10 % >10 % Masulog 6 273 13 59.1 3 13.6 Biak-Na-Bato 11 393 13 46.4 4 143 Cabagnaan 20 48.8 15 36.6 6 14.6 Mansalanao 16 61.5 10 38.5 - - I Camandag 2 25.0 5 62.5 1 12.5 - - Sag-Ang 7 583 2 16.7 2 16.7 1 83 Total 62 453 58 423 16 11.7 1 0.7 Educational Attainment The level of educational attainment of the severely and marginally affected respondents in the affected barangays is presented in Tables 5.2.3a and 5.2.3b, respectively. Table 5.2.3a Educational Attainment of SPAFs Education (Number/Percentage) Barangay. ELem. Elem. HS HS Graduate Vocational College College None Undergrad Graduate Undergrad Grad. Undergad. Graduate Masulog 16 6 1 4 - 593% 22.2% 3.7% 14.8% - - - Biak-Na-Bato 17 6 4 2 - 4 3 2 44.7% 15.8% 105% 5.3% - 105% 7.9% 53% Cabagnaan 18 15 7 5 1 1 - 5 34.6% 28.8% 13.5% 9.6% 1.9% 1.9% 9.6% Mansalanao. 2 75.0% 83% 16.7% - - Camandag 2 1 1 1 - 28.6% 143% 143% 143% - - 143% 143% Sag-Ang 5 1 1 1 - - - 55.6% 11.1% 11.1% 11.1% - - Robles I - - - --- 100.0%o - - - -_ Total 68 30 16 13 1 5 4 9 46.6% 20.5% 11.0% c 8.9% 0.7% 3.4% 2.7% 6.2% 5-8 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.23b Educational Attainment of MPAFs Education (Number/Percentage) Barangay Elem. Elem. HS HS Graduate Vocatonal College College None Undergrad Graduate Undergrad Grad. Undergrad. Graduate Masulog 6 9 1 5 - 1 26.1% 39.1% 43% 21.7% - - 43% 43% Biak-Na-Bato 11 6 7 1 - 2 1 393% 21.4% 25.0% 3.6% - 7.1% 3.6% Cabagnaan 17 15 6 5 - I 38.6% 34.1% 13.6% 11.4% 23% Mansalanao 2 8 5 4 1 1 4 7.7% 30.8% 19.2% 15.4% 3.8% 3.8% 15.4% 3.8% Camandag 3 2 1 - - - - 2 375% 25.0%o 12.5% - - 25.0% Sag-Ang 4 2 - 5 - 1 333% 16.7% - 41.7% - 83% - Total 43 42 20 20 1 4 7 4 30.5% 29.8% 14.2% 14.2% 0.7% 2.8% 5.0% 2.8% As seen from these tables, majority of the respondent PAFs (46.6% for SPAFs, 30.5% for MPAFs) did not finish elementary education. Only a few finished high school (8.9% for SPAFs, 14.2% for MPAFs), and even fewer that finished college education (2.7% for SPAFs, 5.0% for MPAFs). This low level of literacy rate makes them less eligible and competitive in terms of landing jobs, particularly at more urbanized areas, such as Argy. Robles, or even in other adjacent progressive cities and municipalities. This may be one of the major reasons why they opted to occupy the upland areas in spite of the fact that human settlements are discouraged within the MKNP. Residence History To determine the factors that may have triggered the habitation of the upland barangays within the MKNP, the residency history of the SPAFs is evaluated. Based on Table 5.2.4a, 31.8% of the respondent-SPAFs have been residing in these areas for 0-5 years; 19.7% for 6-10 years; 15.9% for 16-20 years, and 22% for more than 20 years. For the respondent MPAFs, residency is almost evenly distributed between the different ranges, but shows that a significant number of population (25.7%) have been living in the upland barangays for more than twenty years (See Table 5.2.4b). The above-mentioned results indicate that majority of the respondents could have settled in the upland areas between the 1970's and 1980's. Looking back at La Castellana's growth rate and the previously mentioned factors that influenced it, insurgency problems 5-9 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan in the hinterlands of Negros Oriental could have prodded such in-migration during those periods. In fact, during the course of the interview, some respondents even mentioned that their place of work is at a certain "camp" on the other side of the mountain. Table 5.2.4a Residence History of SPAFs I Residency Barangay 0- 5 % 6-10 % 11-15 % 16 - 20 % >20 years % years years years yeas Masulog 7 30.4 3 13.0 6 26.1 1 4.3 6 26.1 Biak-Na-Bato 8 24.2 7 21.2 5 15.2 7 21.2 6 18.2 Cabagnaan 16 37 11 224 5 10.2 5 10.2 12 24.5 Mansalanao 6 54.5 2 18.2 1 9.1 1 9.1 1 9.1 Camandag 3 429 1 143 2 28.6 I- 14.3 Sag-Ang 2 25.0 1 12.5 2 25.0 3 37.5 Robies - 1 100.0 - - - - - Total 42 31.8 26 19.7 21 15.9 14 10.6 29 22.0 Table 5.2Ab Residence History of MTAFs Residency Barangay 0 - 5 % 6-10 % 11-15 9% 16-20 % >20 years % years yearso years yeaas Masulog 10 526 2 10.5 2 10.5 1 53 4 21.1 Biak-Na-Bato 3 143 3 143 3 143 7 33.3 5 23.8 Cabagnuan 6 20.7 4 13.8 8 27.6 2 6.9 9 31.0 Mansalanao 5 21.7 4 17.4 3 13.0 4 17.4 7 30.4 Camandag 1 16.7 2 33.3 - - 2 33.3 1 16.7 Sag-Ang 3 27.3 1 9.1 3 27.3 2 18.2 2 18.2 Total 28 25.7 16 14.7 19 17.4 18 16.5 28 25.7 5.2.2 Socioeconomic Characteristics Socioeconomic characteristics of the SPAFs will be described in this section based on the results of the survey conducted. The SPAFs' standard of living and socioeconomic status shall be evaluated using the following indicators: (i) sources of income; (ii) household income and expenditures; (iii) level of education attained; (iv) type and ownership of structure occupied; and (v) type of lighting, water supply, cooking fuel, and sanitation facilities. 5-10 San Enfique-Vallehermnoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Primary Occupation The SPAFs' primary occupation is farming. As shown in Tables 5.2.5 majority of the respondents are either farmers (34.0%), or hired farm workers (19.4%). Another primary source of income for the affected barangays, particularly the female respondents are small-scale commercial establishments called sari-sari stores. This type of enterprise is very commonly observed along the roadway. In Table 5.2.5, this source of income is entered as "Business Operator". Table 525 Primary Occupation of SPAFs Primary Occupation (Number/Percentage) Barangay Farmer Iired Skilled UrVkiled Prof. Prof. Business House Others None Farm Labor Labor Employee Practice Operator keer Worker Masulog 8 6 1 1 5 3 29.6% 22.2% 3.7% 3.7% _ 185% 7.4% 3.7% 11.1% Biak-Na- 11 7 2 2 1 1 3 4 Bato 29.7% 18.9% 5.4% 5.4% 2.7% 27% 8.1% -io8% 135% 2.7% Cabapnaa 25 6 2 3 1 8 l 3 2 49.0% 11.8% 3.9% 5.9% 2.0% 15.7% 2.0%o 5.99'o 3.9% Manlsalanao 2 2 . 5 3 7 16.7% 16.7% . 41.7% 25.0% - C-andag 2 2 _ 1 28.6% 28h6% 143% 143% - 143% Sag-Ang 1 4 1 2 _I 11.1% 44.4% 11.1% 222% 11.1% Robles 100.0% _ _ - Total 49 28 5 6 3 1 23 10 U 8 34.0% 19A% 3.5% 42% 2.1% 0.7% 16.0% 6S% 7.6% 5.6%C Household Income Table 5.2.6a shows that majority of the surveyed households (71.5%) fall below P63, 360, Region 6's annual poverty threshold for a family of six (based on incidences in 1997, Philippine Statistical Yearbook, 2000). Of these, 48.9% fall below the annual food threshold of P39, 239. These figures indicate the SPAFs' high vulnerability to greater degrees of impoverishment if their income sources are taken away from them. Since the 5-11 San Enrique-Vallehernoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan economy of La Castellana is generally agriculture-based, it becomes necessary to assess the SPAFs' dependence on land as a source of livelihood. Table 5.2.6a Housebold Income of SPAFs Total Household Income Barangay 63,360 P63,360 Masulog 11 44.0 6 24.0 8 32.0 Biak-Na-Bato 17 45.9 6 16.2 14 37.8 Cabagnaan 28 57.1 8 163 13 265 Mansaianao 6 54.5 3 273 2 18.2 Camandag 2 333 2 333 2 333 Sag-Ang 3 375 5 62.5 - Robles 1 100.0 - Total 67 48.9 31 22.6 39 28.5 Sources of Income To better understand the effects of possible displacement, the SPAFs' household incomes presented in Table 5.2.6a are further subdivided into two (2) types: farm and non-farm incomes. Farm income refers to household earnings derived from farming and other related agricultural activities. Non-farm income pertains to salaries and wages from employment, profit from business operation, and remittances from working family members who do not live with the SPAFs. In this manner, the SPAFs' dependence on land as its main source of livelihood can be assessed. Tables 5.2.6b and 5.2.6c show the farm and non-farm income of the SPAFs', respectively. Table 5.2.6b shows that in Brgys. Cabagna-an, Mansalanao, Camandag, Sag-ang, and Robles, if the income of the respondents would be derived from farming only, 100% would fall below the Region 6 poverty threshold for a family of six. On the other hand, if the SPAFs' incomes were solely derived from non-farm sources such as those. mentioned above, only 59.8% would fall below the annual food threshold, 15.2% would be earning between the annual food and poverty threshold, and 25.0% would earn more than P63, 360 per annum. This is not to say that the SPAFs would be better off if they don't engage in farming activities. It just shows that farming in the upland barangays are of the marginal type, and the SPAFs would be better off if they would have more alternative sources of non-farm income. The same impression is indicated when the average annual farm incomes were graphed vis-a-vis the average annual non-farm incomes of the SPAFs. 5-12 San Enrique-Vallehermoso Road ( Castellana-Canla-on City Section) Resettlement Action Plan Table 5.2.6b Farm Income of SPAFs Total Farm Income Barangay 63,360 % P63,360 Masulog 11 57.9 5 263 3 15.8 Biak-Na-Bato 17 68.0 4 16.0 4 16.0 Cabagnaan 28 87.5 4 12.5 - - Mansalanao 5 833 1 16.7 Camandag 2 66.7 1 333 Sag-Ang 5 100 - - Robles Total 68 75.6 15 16.7 7 7.8 Table 5.2.6c Non-Farm Income of SPAFs Total Non-Farn Income Barangay 63,360 % P63,360 Masulog 8 57.1 2 143 4 28.6 Biak-Na-Bato 21 61.8 3 8.8 10 29.4 Cabagnaan 25 62.5 4 10.0 11 27.5 Mansalanao 6 60.0 2 20.0 2 20.0 Camandag 4 66.7 1 16.7 1 16.7 Sag-Ang 3 42.9 4 57.1 - - Robles - - 1 100 - - Total 67 59.8 17 15.2 28 25.0 Household Expenditures The SPAFs' average annual household expenditures by barangay is shown in Table 5.2. As seen from the table, food expenses comprise bulk of the SPAFs' total annual expenditures. This is followed by education, utilities, and other expenses. This strongly indicates that crops obtained from the farmlands are not sufficient for the community's sustenance. This may be because in the project area, sugarcane is preferred over rice, corn, and other food crops, particularly when its market price is high. 5-13 San Enrique-Vallehernoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.2.7 Average Annual Household Expenditures of SPAFs Household Expenditures Barangay Food % Utilities % Education % Other % Total Masulog 25,739 84.0 1,561 5.1 3,063 10.0 282 1.0 30,645 Biak-na-Bato 30,676 733 4,446 10.6 6,484 15.5 234 0.5 41,840 Cabagna-an 30,022 72.7 1,359 33 9,854 23.8 83 0.2 41,318 Mansalanao 33,236 81.3 794 1.9 6,706 16.4 133 03 40,869 Camandag 27,095 62.2 1,058 2.4 6,180 14.2 1,946 4.5 43,586 Sag-ang 25,950 55.9 2,682 5.8 13,809 29.7 - - 46,441 Robles 42,000 100.0 42,000 Overall 29,328 75A7 2,210 5.69 7,060 18.20 260 0.60 38,858 Availability of Basic Social Services Results of the survey showed that only 53.2% of the households interviewed have access to electricity as a source of lighting. A high 36.9% still use kerosene for illuminating their abodes (See Table 5.2.8). A relatively low percentage of population being supplied may be viewed from two perspectives. One is that this may be due to the remoteness of the area and lack of economic viability on the part of the service provider. It may also be a form of discouragement from concerned parties such as the MKNP-PAMB and LGU of La Castellana in order to dissuade present and future settlers from occupying the Park, and thus protect and preserve its integrity. Table 52.8 Type of Lighting of SPAFs' Dwelling Units lighting Source Bamngay Electricity % Kerosene % Oil lamp % Others % lamp _ Masulog 19 73.1 4 15.4 2 7.7 Biak-Na-Bato 26 72.2 8 22.2 2 5.6 Cabagnaan 26 51.0 22 43.1 3 5.9 - - Mansalanao 2 18.2 8 72.7 - - 1 9.1 Camandag 1 143 3 42.9 . 3 42.9 Sag-Ang 1 11.1 6 66.7 2 22 Robles - - I 100.0 - - Total 75 53.2 52 36.9 7 5.0 6 4.3 5-14 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan In terms of source of water supply, majority or 85.9% of the respondents obtain their domestic water supply from the river, or spring development systems (Please refer to Table 5.2.9. Again, this may be due to the lack of funds to develop higher levels of water supply system, or just another way to discourage human settlements inside the Park. Table 52.9 Source of Water Supply of SPAFs Source of Water Barangay Rain % Springt % Dug % Piped % River Well Masulog - - 24 923 - - 2 7.7 Biak-Na-Bato 2 5.4 32 86.5 1 2.7 2 5.4 Cabagnaan 4 7.8 41 80.4 - - 6 11.8 Mansalanao - - 10 90.9 1 9.1 - - Camandag 7 100.0 - - - - Sag-Ang 7 77.8 2 22.2 Robles - 1 100.0 Total 6 4.2 122 85.9 2 IA 12 8.5 Other indicators of a low standard of living are deficiencies in terms of sanitation facilities. It can be observed from Table 5.2.10 that most of the residents at the upland barangays still use the open pit type of toilet (31.7%). A relatively high 23.2% have none at all. Table 5210 Type of Toilet Fadlity of SPAFs Toilet Facility Barangay Open pit % Antipolo % Semi- % Flush % None % flush Masulog 3 115 11 423 10 385 - - 2 7.7 Biak-Na-Bato 15 405 5 135 9 243 3 8.1 5 135 Cabagnaan 18 35.3 1 2.0 16 31.4 2 3.9 14 275 MansaLanao 3 27.3 - - 2 182 - 6 545 Camandag 2 28.6 3 42.9 2 28.6 Sag-Ang 4 44.4 2 22.2 3 33.3 Robles - - - - - - - 1 100.0 Total 45 31.7 17 12.0 42 29.6 5 3.5 33 23.2 5-15 San Enrique-Vallehernoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan In terms of the type of fuel used for cooking, majority of the respondent SPAFs (83.7%) stated that they are still using wood for cooking food. Only a relatively small percentage (9.9%) are already using LPGs in their kitchens (Please refer to Table 5.2.11). Table 5.2.11 Type of Fuel Used by Severely Affected PAFs I Cooking Fuel Barangay Wood % Charcoal % LPG % Masulog 20) 76.9 4 15.4 2 7.7 Biak-Na-Bato 31 83.8 1 2.7 5 13u5 Cabagnaan 41 82.0 4 8.0 5 10.0 Mansalanao 11 100.0 - - - Camandag 5 71.4 2 28.6 Sag-Ang 9 100.0 - - Robles 1 100.0 - Total 118 87 9 6.4 14 9.9 5.2.3 Proiect Awareness As mentioned in Chapter 4, awareness of the proposed Project through barangay level PCMs promoted the PAFs' level of acceptance. This was manifested by the PAFs' eagerness to be photographed and interviewed during the conduct of census and socioeconomic survey. Some went out of their way and postponed other appointments/activities, just to make sure that they are home when the enumerators reach their house. Some tagged along with the enumerators until it was their turn to be photographed and interviewed. The SPAFs' and MPAF's awareness of the proposed project are presented in Table 5.2.12a and Table 5.2.12b, respectively. Table 5.2.13a and Table 5.2.13b on the other hand show their respective sources of information about the Project. Table 5.212a Project Awareness of the SPAFs Informed About the Project? Barangay Yes No Total Masulog 22 84.6 4 15.4 26 Biak-Na-Bato 34 91.9 3 8.1 37 Cabagnaan 50 98.0 1 2.0 51 Mansalanao 11 100.0 - - 11 Camandag 7 100.0 7 Sag-Aug 9 100.0 9 Robles 1 1.0 Total 134 944 8 5.6 142 5-16 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5X.12b Project Awareness of the MPAFs Informed About the Project? Barangay Yes No Total Masulog 20 90.9 2 9.1 22 Biak-Na-Bato 27 96.4 1 3.6 28 Cabagnaan 42 955 2 4.5 44 Mansalanao 26 100 - _ 26 Camandag 8 100 - - 8 Sag-Ang 12 100 12 Total 135 96.6 5 3A 140 Table 5.2.13a SPAFs' Source of Information About the Project Source of Infornation About the Project Barangay LGUs % DPWH % Neighbors % Relatives % DEO /Friends Masulog 8 34.8 11 47.8 2 8.7 2 8.7 Biak-Na-Bato 17 50.0 11 32.4 5 14.7 1 2.9 Cabagnaan 17 34.0 23 46.0 7 14.0 3 6.0 Mansalanao 1 9.r 8 72.7 2 18.2 Camandag 1 14.3 4 57.1 2 28.6 Sag-Ang 3 33.3 5 55.6 1 11.1 Robles 1 100.0 Total 47 34.8 63 46.7 19 14.1 6 44 Table 5.2.13b MPAFs' Source of Information About the Project Source of Information About the Project Barangay LGUs % DPWH % Neighbors % Relatives % DEO /Friends Masulog 8 38.1 7 33.3 6 28.6 Biak-Na-Bato 11 40.7 9 333 6 22.2 1 3.7 Cabagnaan 13 31.0 25 59.5 4 9.5 - - Mansalanao 4 15.4 19 73.1 3 11.5 - Camnandag 2 25.0 5 63.5 1 12.5 - Sag-Ang 83 8 66.7 3 25.0 - Total 39 28.7 73 53.7 23 16.9 1 0.7 As seen from these tables, 94.4% of the respondent-SPAFs are aware of the Project, and that the main sources of information were the DPWH-DEO (46.7%) during the PCMs, 5-17 San Ennque-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan and their respective local officials (34.8%). Among the MPAFs, 96.6% expressed awareness of the Project, and mentioned that their main sources of information are the DPWH-DEO (52.8%) during the PCMs, and their local officials (28.9%). Other sources of information include neighbors and friends, and relatives who attended the PCMs, and relayed the information to them. 5.3 Impact Identification Based on the Land Use and Vegetation Map of La Castellana, the La Castellana-Canla-on City Road Project traverses four (4) main land uses types namely, (i) industrial, (ii) agricultural, (iii) production forest, and (iv) built-up area. The entire land area of Robles, except for its barangay proper (Poblacion) and some cogonal areas, is classified as industrial (sugar cane crops). The roadway continues to pass through these industrial areas up to Brgys. Sag-ang and Camandag. The portion of Brgy. Mansalanao through which the roadway passes is classified as agricultural, and planted to food crops such as rice, corn, vegetables, coffee, and coconut, with build-up areas when it reaches the barangay proper. It then enters the MKNP at Brgy. Cabagna-an, and traverses a reforestation area under the jurisdiction of the MKNP-PAMB. It is interesting to note that it is within this PAMB-controlled reforestation area where the biggest population of Brgy. Cabagnaa-an, as mentioned in Section 5.1.2 and Table 5.1.4 of this report, is located. The rest of the alignment passes through Brgys. Biak-na-Bato and Masulog, which are entirely classified as industrial, except for built-up areas in the respective barangay propers. 5.3.1 Impact on the MKNP Cutting of Prime Forest Trees The roadway crosses the MKNP starting approximately from Sta. 78+220 at Brgy. Cabagna-an, all the way up to the end of project, located at the approach of the Masulog Bridge (-Sta. 89+140). A significant adverse impact of the Project to the MKNP would be the cutting of prime forest species such as narra, molave, palsaingin, sambolaoan, teak and-white lauan. Based on the 100% tree inventory conducted, a total of 2,190 trees would be cut. A summary of the trees to be cut based on the inventory carried out along the alignment is given in Appendix Dl. In compliance with the DENR rules and regulations, regulated trees to be cut will be replaced, by means of reforestation, using a 1:50 ratio. For non-regulated species, the ratio is 1:5. The proposed Three-Year Work and Financial Plan for reforestation as replacement for the trees to be cut along the La Castellana-Canla-on City road section is 5-18 San Ennque-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan included in this report as Appendix D2. Budget is estimated at P250,000.00. To provide additional project benefit to the PAFs, it is strongly suggested that the reforestation program be contracted out to the affected communities. As mentioned earlier, PAFs who are recognized as tenured migrants inside the Park are also stewards of the land they cultivate, and have been actively involved in the PAMB's reforestation programs. This makes them the most qualified persons for this task. Increased Accessibility to the Park As mentioned in Sections 1.3 and 5.1.2 of this report, one of the main problems of the MKNP-PAMB and the Municipality of La Castellana is the increasing number of human settlements inside the Park. Once the project is implemented, accessibility to the Park would improve, and as a result might worsen this problem. To mitigate this, the PAMB is proposing to include the setting up of monitoring centers at each barangay, particularly to prevent any form of encroachment to take place. During one of the meetings with the officials of the PAMB, it was mentioned that displacement of human settlements within the Park due to construction activities could be viewed as a positive impact. This is in the sense that it would help maintain the Park's integrity as a protected area by reducing the threats of illegal farming and extractive activities. However, it was also emphasized during the said meeting that if relocation outside the Park becomes necessary, fair resettlement and compensation packages must be accorded to the families to be displaced. Another possible adverse impact associated with improved accessibility is the aggravation of illegal logging activities inside the Park. To mitigate this, the PAMB, together with the LGUs of La Castellana, particularly the barangay officials of Cabagna- an, Biak-na-Bato, and Masulog must exert extra effort in protecting the Park's remaining forest cover. 5-19 San Enrique-Vallehermoso Road (La Castellana-Caria-on City Section) Resettlement Action Plan 5.3.2 Impact on Land Impact on land are mainly in terms of loss of industrial crops (sugarcane) because of the (i) realignment of road sections, including bridges at Brgy. Robles (See Table 53.1a), and (ii) at existing Right-of-Way, which are still covered by private land titles (unsettled R-O-W issues) including acquisition due to cut sections at Brgys. Camandag, Mansalanao, and Cabagna-an (See Table 5.3.1b).. It is important to note that "additional R-O-W" here refers to cut sections that would exceed the existing 20-meter R-O-W. All the areas to be traversed are titled private lands, and that each land take does NOT exceed 20% of the respective total land area. Table 5.3.1a Land Acquisition at Realignment Sections Name of Lot Owner Land Use Lot No. Total Lot Area Area to be % to (Based on (m2) Acquired (M2) Total Parcellary Survey Plan) Barangay Robles' ; - .:, . Juan Paolo Tantoco Agricultural (sugar-cane) 475-C-2 334,511.00 6,467.00 1.93 Martina Perez de Tejido & Agricultural (sugar-cane) 862-B-3 50,000.00 3,672.19 7.34 Antonio Vargas Martina Perez de Tejido Agricultural (sugar-cane) 862-C-2 1,177,678.35 8,940.27 0.76 (Not listed) Agricultural (sugar-cane) 861-C 32,869.84 1,482.21 4.51 Ildefonso Coscollueta Agricultural (sugar-cane) 863-A-3 1,053,654.56 8,215.28 0.78 Mariano Yulo Agricultural (sugar-cane) 855-C 2,038,22031 18,304.87 0.90 Table 5.3.1b Land Acquisition at Existing R-O-W, Including Cut Sections Name of Lot Owner Land Use Lot No. Total Lot Area Area to be % to (Based on (_2) Acquired Total Parcellary (m2) Survey Plan Canaandag/Sag-Ang : . .. . .. . .. Lorenzo Bajala Agricultural (sugar-cane) 876-C 372,854.09 10,681.91 2.86 Joaquin Domingues & Agricultural (sugar-cane) 884-C 292,100.51 4,860.85 1.66 Severo Debanda Jose Gonzaga Y Chauco Agricultural (sugar-cane) 877-C 206,407.11 4,998.85 2.42 Lucio Damasco Agricultural (sugar-cane) 880-C 192,073.07 4,010.50 2.09 Jose Gonzaga Y Chauco Agricultural (sugar-cane) 877-E 206,407.11 7,012.96 3.40 Balbino Lacson vs. Juan de Agricultural (sugar-cane) 878-C 52,461.66 5,074.95 9.70 la5Vina 5-20 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 53.1b Land Acquisition at Existing R-O-W, Including Cut Sections (Continued...) Name of Lot Owner Land Use Lot No. Total Lot Area Area to be % to (Based on (m2) Acquired Total Parcellary (m2) Survey Plan Camandag/Sag-Ang Felix Robles Agricultural (sugar-cane) 934-C' 22,348,900.02 56553 0.00 Felix Robles Agricultural (sugar-cane) 934-D 22,348,900.02 15,171.00 0.07 Felix Robles vs Juan de la Agricultural (sugar-cane) 1819-C 126,129.50 8,540.00 6.8 Vina Felix Robles vs. Juan de la Agricultural (sugar-cane) 1819-D 126,129.50 6,341.00 5.0 vina Nilansalanao . . - : . . . ; Felix Robles Agricultural (sugar-cane) 934-E 22,348,900.02 1,731.00 0.0 Heirs of Andrea Malapitan Agricultural (sugar-cane) 957-C 1,026,744.00 38,784.00 3.8 Heirs of Andrea Malapitan Agricultural (sugar-cane) 915-C 101,157.00 3,816.00 3.8 Ricardo Nolan Mixed agricultural and 1015 592,877.00 32,362.00 5.5 built-up area Mun. of Pontevedra vs. Mixed agricultural and 1931-C 159,742.25 7,757.00 4.9 Ciriaco Sema built-up area Co. Gral de Tabacos Mixed agricultural and 956-C 85,769.43 7,791.72 9.1 Filipinas built-up area Ricardo Nolan Mixed agricultural and 1015 592,877 10,764.00 1.8 built-up area Ricardo Nolan vs. Inst. Agricultural (sugar-cane) 1933-C 98,190.28 946.00 0.9 Govt. & vs. Com. Gral de Tabacos Filipinas Ricardo Nolan vs. Inst. Agricultural (sugar-cane) 1935-C 213,308.11 3,009.00 1.4 Govt. Cabagna-an .*, _____,_ - - - . Felipe Lacson & Inst. Govt. Agricultural (sugar-cane) 1097-D 1,653,055.41 15,298.19 0.9 vs NN Forest Res. Felipe Lacson & Inst. Govt. Mixed agricultural and 1097-E 1,653,055.41 7,118.36 0.4 vs NN Forest Res. built-up area 5.3.3 Impact on Improvements Structures As mentioned in the previous section, there are a total of 150 SPAFs and 150 MPAFs. Impact on the SPAFs would be in terms of the need to demolish their houses, market stalls, and small sari-sari stores that are either contiguous or detached from the main structures. The number of affected structures and types of material the dwellings are made of are given in Table 5.3.2. The table shows that most of the materials used for building these houses are light (39.3%), wooden (37.3%), and semi-concrete (17.3%). 5-21 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Reseltlement Action Plan Only a few are made of concrete (6.0%). For the MPAFs, damages to be incurred are limited to fences that are mostly made of bamboo or a combination of bamboo and cyclone wire. Table 53.2 Number and Type of Structure of SPAFs',Dweling Units to be Affected Type of Structure No. of Light % Wooden % Semi- % Concrete % structures Concrete Masulog 28 7 25.0 12 42.9 6 21.4 3 10.7 Biak-Na-Bato 40 18 45.0 8 20.0 11 27.5 3 7.5 Cabagnaan 53 18 34.0 26 49.1 6 113 3 5.7 Mansalanao 12 8 66.7 3 25.0 1 83 - Caunandag 7 3 42.9 4 57.1 - - Sag-Ang 9 4 44.4 3 33.3 2 22.2 Robles 1 1 100.0 Total 150 59 393 56 373 26 17.3 9 6.0 When asked about the ownership of the structures they occupy, 93.5% of the SPAFs stated that they own the houses they dwell in; only 6.5% occupy the structures free of charge (See Table 5.3.3). Table 5.3.3 Structure Ownership of Severely Affected SPAFs Tenure Barangay Owner Free % Occupation with Permit Masulog 22 91.7 2 83 Biak-Na-Bato 32 86.5 5 13.5 Cabagnaan 48 96.0 2 4.0 Mansalanao 11 100.0 - - Camandag 7 100.0 - - Sag-Ang 9 100.0 - - Robles T10.0 - - Total 130 93.5 9 6.5 5-22 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Crops and Trees Aside from the houses, stalls, and fences that will be affected, fruit trees that will be cut were also inventoried. A list of the number of fruit trees that will be cut during the pre- construction period is presented here in Table 5.3.4 in terms of ownership by the SPAFs and MPAFs. Table 53.4 Trees to be Cut Along the Alignment No. of Fruit Trees No. of Forest Trees Barangay SPAFs' MPAFs' SPAFs' MPAFs' Masulog 114 145 136 37 Biak-na-Bato 160 180 44 33 Cabagna-an 375 463 65 152 Mansalanao 169 223 55 Camandag 64 102 3 8 Sag-ang 166 92 28 15 Robles 12 - - Total 1,060 1,205 279 300 5.3.4 Impact on Income As mentioned above, a number of market stalls and sari-sari stores will be affected by the construction activities. Most of these are made of light and wooden materials. Table 5.3.5 shows the number of these commercial stalls and stores. This would entail losses in income, particularly those who depend on these as their only source of income. Unlike the stalls/stores that will be severely affected, disturbance to the MPAFs' structures would only be in terms of losses in income due to disruption in form of partial to full blockade of its access and frontage. Table 53.5 Commercial Stalls and Sari-Sari Stores to be Affected No. of Stalls Barangay SPAFs' MPAFs' Masulog 5 4 Biak-na-Bato 9 13 Cabagna-an 15 14 Mansalanao 2 5 Camandag 2 1 Sag-ang - 3 Robles - Total 33 40 5-23 San Enrique-Vallehermoso Road (Li Castellana-Canla-on City Section) Resettlement Action Plan 5.3.5 Impact on Public Infrastructures There will be 11 public infrastructure facilities (waiting sheds, barangay hall, and water pipes) that would be severely affected. Only two (2) will be marginally affected. Please see Table 5.3.6. Table 5.3.6 Public Infrastructures to be Affected Public Infrastructure Barangay Waiting Brgy. Hall Water School Shed Pipe Fence Masulog 1 (M) Biak-na-Bato Cabagna-an I (S) Mansalanao 8 (S) I (S) Camandag 1(M) Sag-ang Robles I (S) - Total 10 1 1 1 Note: (S)- Severe (M) - Marginal 5.4 Compensation and Entitlements Computation of compensation rates and entitlements are based on the guidelines stipulated in the DPWH LARR Policy of August 1999. For legitimate landowners, compensation for loss of land is estimated based on the fair market values set by the Independent Land Appraiser (ILA). Since there will be NO land acquisition aside from the realignment sections in Brgy. Robles, and additional R-O-W at cut sections in Brgys. Camandag, Mansalanao, and Cabagna-an, payment to the SPAFs in the other affected barangays will be in terms of improvements and disturbance compensation only. These include payments for: (i) structures (residential and commercial), (ii) fruit and forest trees, and (iii) disturbance compensation. Aside from financial compensation and assistance, the SPAFs will also be entitled to the following: (i) Make use of salvaged materials without deductions from the compensation to be received; (ii) Subsistence allowance to those who have businesses affected due to severe impact on structure; estimated income loss provided in this report are subject to verification by the MRIC; (iii) Priority in hiring of qualified workers during the construction period; 5-24 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan (iv) Provision of transportation assistance to SPAFs who need to be relocated; (v) When relocation becomes necessary, secured tenure status for relocatees Payment to MPAFs shall include compensation to damages to improvements, which are mainly fences and trees, as well as transitional allowance to cover for income loss during the period the businesses were interrupted, without exceeding one (1) month. The amount of transitional allowance will be determined by the MRIC. Instead of cash compensation for damages to public infrastructure facilities such as waiting sheds, barangay hall, water pipes, and school fences, it is recommended that the Negros Occidental 2nd District Engineering Office undertake the necessary construction and rehabilitation. To enhance the DEO's relationship with the affected communities, this could be made into a joint effort wherein the District will provide the materials and equipment, and the community, the available labor force. Table 5.4.1 shows the Entitlement Matrix based on the LARR Policy, whereas Tables 5.4.2a and Table 5.4.2b show the compensation scheme for owners of land to be acquired at realignment sections and at cut sections (additional R-O-W), respectively. 5-25 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) L. Arable land Actual area needed Owners with full For the portion of the land needed: Agricultural (sugarcane) Land, flat to slightly sloping by the road project title, tax declaration +Cash compensation equivalent to zonal 14 PAFs 27 PAFs andithe remaining or who are covered value + 10%o (AO 50) 134,333.84 m2 x P20.00/r2 = P2,686,676.80 land still by customary law + Topping-up supplement assistance Agricultural (suzarcane). Undulating to rolling terrain economically viable (e.g., possessory equivalent to the difference between to Au s rights, usufruct) or the difference between the zonal value + 51010.72 e x P15.00/m= P765,160.80 27 PAFs other acceptable 10% and the fair market value in the area ,0. . . proof of ownership as established by the independent Mixed Agricultural & Built-up Area: appraiser to be hired by the independent 4 PAFs 27 PAFs appraiser to be hired by the project 32,362.00 m2 x P60.00/r2 P1,941,720.00 + Cash compensation for perennials of 14,875.36 m2 x p70.00/M2 = P1,041,275.20 commercial value as determined by the 7,791.72 m2 x P75.00/r2= P584,379.00 DENR or the concerned appraisal committee + PAP will be given sufficient time to harvest crops on the subject land PAPs without title, For the portion of the land needed: tax declaration, or + PAP will be given sufficient time to are not covered by harvest crops customary law (e.g., + Cash compensation for perennials of possessory rights, commercial value as determined by the usufruct) or other DENR or the concemed appraisal acceptable proof of committee ownership N il _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) Remaining land Owners with full + Cash compensation equivalent to zonal becomes title, tax declaration value + 10% (AO 50) or, if feasible, land for economically not or who are covered land will be provided in terms of a new viable (i.g., PAP by customary law parcel of land of equivalent productivity, at a losing >20% of land (e.g., possessory location acceptable to PAP, and with long- holding or even rights, usufruct) or term security of tenure. when losing <20%, other acceptable + Topping-up supplement assistance but the remaining proof of ownership equivalent to the difference between the land is not zonal value + 10% and the fair market value economically viable Nil in the area as established by the independent anymore) appraiser to be hired by the project + Subsistence allowance of PhP 15,000 Nil + PAP will be given sufficient time to harvest crops + Cash compensation for perennials of commercial value as determined by the DENR or the concerned appraisal committee + If relocating, PAP to be provided free transportation +Rehabilitation assistance (skills training and other development activities) equivalent to Php 15,000 will be provided in coordination with other government agencies if the present means of lvelihood is no longer viable and the PAP will have to engage in a new income activity San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) PAPs without title, + Financial assistance equivalent to the tax declaration, or average annual gross harvest for the past 3 are not covered by years but not less than PhP 15,000 customary law (e.g., +PAP will be given sufficient time to possessory rights, harvest crops usufruct) or other + Cash compensation for perennials of acceptable proof of commercial value as determined by the ownership DENR or the concemed appraisal committee Nil + Financial assistance to make up for land preparation in the amount of PhP15O per square meter + If relocating, PAP to be provided free transportation + Rehabilitation assistance (skills training and other development activities) equivalent to PhP 15,000 will be provided in coordination with other government agencies if the present means of livelihood no longer viable and PAP wiU have to engage in a new income activity Agricultural lessees As per RA 6389 and EO 1035: .+ Disturbance compensation equivalent to Nil five times the average of the gross harvest on the land holding during the five preceding years but not less than PhP 15,000 will be provided in coordination with other govenmment agencies if the present means of livelihood is no longer viable and the PAP will have to engage in .____________ ._______________ .__________ _ . new incom e activity San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resetlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) Temporary use of All PAPs + Compensation to be provided for loss of land income during the period, standing crops, Nil cost of soil restoration and damage structure Nil 2. Residential Actual are needed Owners with full For the portion of the land needed: land and/or by the road project title, tax declaration + Cash compensation equivalent to zonal commercial and the remaining or who are covered value + 10% (AO 50) land land is still viable by customary law + Topping-up supplemental assistance for continued use (e.g., possessory equivalent to the difference between the Nil rights usufruct) or wnal value + 10% in the fair market value other acceptable in the area as established by the proof of ownership independent appraiser to be hired by the project Determined by the DENR or the concemed appraisal committee San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Applicaiion Entitled Person Entidement Compensation Amount I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~~~~~~~~~~~~~~(PhP) Remaining Owners with full + Cash compensation equivalent to zonal residential or dtle, tax declaration value + 10% open (AO 50) or, if feasible, commercial land or who are covered land for land will be provided in terms of a becomes not viable by customary law new parcel of land of equivalent market for continued use (e.g., possessory value, at a location acceptable to PAP, and rights, usufruct) or long-term security of tenure. The other acceptable replacement land should of acceptable size proof of ownership under zoning laws of a plot of equivalent value, whichever is larger, in a nearby in a resettlement area with adequate physical and social infrastructure. When the affected holding is larger in value than the relocation plot, cash compensation will cover the difference in value. +Topping-up supplemental assistance equivalent to the difference between the zonal value + 10% and fair market value in the area as established by the independent appraiser to be hired by the project + Cash compensation for perennials of commercial value as determined by the DENR or the concemed appraisal comnittee + If relocating, PAP to be provided free transportation Temporary use of Al PAPs + Compensation to be provided for loss of land income during the period, standing crops, cost of soil restoration and damaged structures San Enrique-Vailehermoso Road (La Castellana^Canla-on City Section) Resettlement Action Plan Table 5A.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount I _ _ _ _ _ I_ (PhP) 3. Main structures Structure, with or Owners of + Compensation in cash for affected portion (e.g., house, without a building structures with full of the structure, including the cost of house cum permit, partiaUy title or tax restoring the remaining structure, as shop) affected and the declaration to the determined by the concemed appraisal remaining structure land or those who committee with no deduction for salvaged 137 PAFs is still viable for are by customary building materials. continued use. law (e.g., possessory + PAPs who have business affected due to rights, usufruct (or partial impact on the structure are in titled to Nil other acceptable a subsistence allowance for the loss of proof of ownership income during the reconstruction period. (such will be verified and computed by the Nil Municipal Resettlement Implementing Committee or RIC. Owners of + Compensation in cash for affected portion structures, including of the structure including the cost of shanty dwellers in restoring the remaining structure, as urban areas, have no determined by the concerned appraisal title or tax committee with no deduction for salvaged declaration to the building materials. land or other + Shanty dwellers in urban areas who opt to acceptable proof of go back to their place of origin in the ownership province or be shifted to governnent relocation site will be provided free Nil transportation + PAPs who have business affected due the partial impact on the structure are in titled to a subsistence allowance for loss of income during the reconstruction period. (such will be verified and computed by the municipal Resettlement Implementing Committee RIC). + Professional squatters will not receive compensation but they can collect their ________________ salvageable materials San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) Renters (tenants) of + Given 3 month notice on the schedule of demolition leased affected + If shifting is required, PAP is given transitional structure, including allowance equivalent to one month rent of a similar renters of shanty structure within the same area dwellings in urban + For house tenants renting structures outside of, or areas within the ROW, and who have to transfer elsewhere, free transportation will be provided Nil + Renting shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to government relocation site will be provided free transportation Entire structure Owners of structure + Compensation in cash for entire structure at affected OR when with full title or tax replacement structure cost as determined by the the remaining declaration to the concemed appraisal committee without deduction for becomes not viable land or those who salvage building materials. for continued use, are covered + Inconvenience allowance Php 10,000 per PAP. with or without a customary law (e.g., +PAPs who have business affected due to severe impact building permit possessory rights, on the structure are in titled to a subsistence allowance usufruct) or other for the loss of income during reconstruction period. 121 houses and acceptable proof of (such will be verified and computed by the RIC 16 houses with ownership + If relocation if necessary, free transportation will be shops provided Nil + Rehabilitation in the form of skills training and other development activities and equivalent to PhP 15,000 will be provided in coordination with other govemment agencies if the present means of livelihood (e.g., house cum shop) is no longer viable in the PAP will have to ________________________________ engage in a new income activity San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) Owners of structure, + Compensation for the entire structure at replacement Residential - 121 PAFs including shanty cost as determined by the concemed appraisal Affected Structure: P6,495,582.50 dwellers in urban committee without deducton salvaged building Income Loss: areas, have no title material. Relocation: n/a or tax declaration to + Shanty dwellers in urban areas who opt to go back to Rehabilitation: n/a the land or other their place of origin in the province or be shifted to Other (Trees) P358,200.00 acceptable proof of government relocation sites will be provided free Residential/Commercial -16 PAFs ownership transportaton Affected Structure: P2,090,905.00 + PAPs who have business affected due to the severe Income Loss: P118,300.00 121 houses and impact on the structure are in titled to a subsistence Relocation: n/a 16 houses with allowance for the loss of income during the Rehabiitation- iVa shops to relocate reconstructon period. (such will be verified and Reh an/a computed by the RIC). ,Other na + If relocation is necessary, free transportation will be provided + NO Rehabilitation assistance in the form of skills training and other development activities wil be provided in coordination with other government agencies since the present means of livelihood (e.g., house cum shop) is still viable and the PAP wiU not have to engage in a new income activity + Professional squatters will not receive compensation _____________ _________________ _______________ but they can collect their salvageable materials _salvageable_materials San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5,4.1 Entitlement Matrix Type of Loss AppUcation Entitled Person Entitlement Compensation Amount (PhP) Renters (tenants) of + Given 3 months notice on the schedule of leased affected demolition structure, including + PAP is given transitional allowance renters of shanty equivalent to one month rent of a similar dwelling in urban structure within the same area areas + For house tenants renting structures outside of, or within the ROW, and who Nil have to transfer elsewhere, free transportation will be provided + Renting shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to govemment relocation site ,will be provided free transportation + Rehabilitation assistance in the form of skills training and other development activities and equivalent to PhP 15,000 will be provided in coordination of other government agencies if present means of livelihood (e.g., house cum shop) is no longer viable and the PAP will have to engage in a new income activity 4. Independent Shops, with or Owners of structure + Compensation in cash for affected portion Shops without building with or without full of the structure including the cost of (structures) permit, partially title or tax restoring the remaining structure, as affected and the declaration to the determine by the concemed appraisal 17 PAFs remaining structure land or those who committee with no deduction for salvaged are still viable for are covered by building materials continued use customary law (e.g., + As determiined by the RIC, PAPs will be possessory rights entitled to transitional allowance to cover Nil usufruct) or other for their computed income loss during the acceptable proof of demolition and reconstruction of their ownership shops, but not to exceed a one month period. NilII San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) Renters (tenants) of + As determined by the RIC, shop renters affected shops will be entitled to a transitional allowance to cover for their computed income loss Nil during the period that their business is interrupted Entire shop affected Owner of structure + Compensation in cash for the entire Commercial -17 PAFs Or when the with or without full structure at replacement cost as determined Affected Structure: P325,379.00 remaining structure title or tax by the concerned appraisal committee Income Loss: P79,400.00 becomes not viable declaration to the without deduction for salvaged building Relocation: n/a for continued use, land or those who materials. Rehabilitation: n/a with or without are covered by + Subsistence allowance of PhP 15,000 to Other n/a building permit customary law (e.g., each PAP possessory rights, Free transportation will be provided if 17 PAFs to relocate usufruct or other relocating acceptable proof of + Rehabilitation assistance in the form of ownership skills training and other development activities and equivalent to PhP 15,000 will 17 PAFs to relocate be provided in coordination with other government agencies of the present means of livelihood is no longer viable and the PAP will have to engaged in a new income activity + Professional squatters will not receive compensation but they can collect their salvageable materials San Enrique-ValUehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) Renters (tenants) of + Given 3 months notice on the schedule of affected shop demolition + As determined by the RIC, shop renter Nil will be entitled to a transitional allowance to cover for their computed income loss during the period that their business is interrupted but not to exceed 3 month period. + If shifting, either permanently or temporarily is required, shop renters are in titled to free transportation + Rehabilitation assistance in the form of skills training ii} the other development activities and equivalent to PhP 15,000 will be provided in coordination with Vi government agencies if the present means e0i of livelihood is no longer viable and the PAP will have to engage in a new income activity 5. Other fixed Loss of, or damage PAPs + Compensation in cash for affected portion Residential/Commercial - 144 PAFs assets or to, affected assets, of the structure, including the cost of Affected Structure: P73,920.00 structures partially or entirely restoring the remaining structure, as Income Loss: P95,750.00 determined by the concemed appraisal Relocation: n/a 144 PAFs 144 PAFs committee, with no depreciation nor Rehabilitation: n/a deduction for salvaged building materials. Other (Trees) P467,543.00 6. Electric and/or Loss of, or damaged PAFs Compensation to cover cost of restoring the Residential/Commercial -1 PAF water to, affected asset, facilities Affected Structure: P50,000.00 connection partially or entirely (1) Water pipe to be Income Loss: n/a replaced Relocation: n/a 1 PAF 1 PAF Rehabilitation: n/a Other n/a San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.1 Entitlement Matrix Type of Loss Application Entitled Person Entitlement Compensation Amount (PhP) 7. Public Loss of, or damage Concemed agencies + Compensation in cash replacement cost to Other Fixed Assets - 12 Public Facilities Facilities to, public respective agencies Affected Structures: infrastructure (e.g., 10 waiting sheds, + To be reconstructed by DPWH DEO Waiting sheds (10) P750,000.00 12 PAFs public water tanks, 1 barangay hail, Barangay hall (1) P350,000.00 tram lines, bus stop 1 school fence for School fence P150p00.00 sheds, loading replacement Total: P1,450,000.00 platform, public health center, barangay center, electric or telephone lines, etc.) 10 waiting sheds, 1 barangay hall, 1 school fence San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5A.2a Compensation Cost for Realignment Sections Barangay Name of Landowner Lot No. Area to be Cost Based Land (Based on Acquired (M2) on Acquisition Parcellary ILA (per Cost Survey) m 2) Robles Juan Paolo Tantoco 475-C 3,124.00 P20.00 P 62,480.00 Martina Perez de Tejido & 862-B-3 3,672.19 P20.00 73,443.80 Antonio Vargas Martina Perez de Tejido 862-C-2 8,940.27 P20.00 178,805.40 (Not listed) 861-C 1,482.21 P20.00 29,644.20 lidefonso Coscollueta 863-A-3 8,215.28 P20.00 164,305.60 Mariano Yulo 855-C 18,304.87 P20.00 366,097.40 TOTAL 43,738.82 P874,776.4 Table 5A.2b Compensation Cost for Additional R-O-W, including Cut Sections Barangay Lot No. Area to be Cost Based Land Acquired (m2) on Acquisition Cost ILA (per m2) Camandag Lorenzo Bajala 876-C 10,681.91 P20.00 P213,638.20 Joaquin Domingues & Severo 884-C 4,860.85 20.00 97,217.00 Debanda Jose Gonzaga E. Chauco 877-C 4,998.85 20.00 99,977.00 Lucio Damasco 880-C 4,010.50 20.00 80,210.00 Jose Gonzaga E. Chauco 877-E 7,012.96 20.00 140,259.20 Balbino Lacson vs. Juan de la Vina 878-C 5,074.95 20.00 P101,499.00 Felix Robles 934-C 565.53 15.00 8,482.95 Felix Robles 934-D 15,171.00 20.00 303,420.00 Felix Robles 934-E 1,731.00 15.00 25,965.00 Mansalanao Felix Robles vs. Juan de la Vina 1819-C 8,540.00 15.00 128,100.00 Felix Robles vs. Juan de la Vina 1819-D 6,341.00 15.00 95,115.00 Heirs o f Andrea Malapitan 957-C 38,784.00 20.00 775,680.00 Heirs o f Andrea Malapitan 915-C 3,816.00 15.00 57,240.00 Ricardo Nolan 1015 10,764.00 15.00 161,460.00 Ricardo Nolan 1015 32,362.00 60.00 1,941,720.00 Co. Gral de Tabacos de Fil;ipinas 956-C 7,791.72 75.00 584,379 Mun. Pontevedra vs. Ciriaco Serna 1931-C 7,757.00 70.00 542,990.00 5-38 San Ennque-Vallehennoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.2b Compensation Cost for Additional R-O-W, including Cut Sections (Continued...) Barangay Lot No. Area to be Cost Based Land Acquired (m2) on Acquisition Cost ILA (per m2) Cabagna-an Ricardo Nolan vs. Inst. Gov't. vs. 1933-C 946.00 15.00 14,190.00 Com. Gral de Tabde Filipinas Ricardo Nolan vs. Inst. Gov't 1935-C 3,009.00 15.00 45,135.00 Felipe Lacson & Inst. Gov't. vs. 1097-D 15,298.19 15.00 229,472.85 NN Forest Res. Felipe Lacson & Inst. Gov't. vs. 1097-E 7,118.36 70.00 498,285.20 NN Forest Res TOTAL 196,634.82 6,144,435A0 A summary of the fixed assets, improvements, and income to be affected, along with the corresponding values of compensation for the SPAFs and MPAFs are provided in Tables 5.4.3 and 5.4.4, respectively. The estimated resettlement cost is provided as Table 5.4.5. The Compensation Matrices for the SPAFs and MPAFs are attached as Appendix Al and A2 (RAP Volume 2), respectively. Table 5A3 Summary of Fixed Assets, Improvements, and Compensation for the SPAFs Barangay Floor Area Replacement Cost No. of Estimated Value Estimated TOTAL COST (1n2) Trees Income Loss Masulog 875.02 P1,305,450.50 114 P 39,500.00 P51,750.00 P1,396,700.50 Biak-na-Bato 1,423.11 2,730,085.00 160 58,200.00 74,150.00 2,862,435.00 Cabagna-an 1,598.27 3,361,818.00 375 135,640.00 56,800.00 3,554,258.00 Mansalanao 242.82 321,411.00 169 53,740.00 6,000.00 381,151.00 Camandag 146.94 227,030.00 64 19,750.00 9,000.00 255,780.00 Sag-ang 326.64 636,693.00 166 48,470.00 - 685,163.00 Robles 24.00 4,000.00 12 2,900.00 6,900.00 TOTAL 4,636.80 P8,586,487.50 1,060 P358,200.00 P197,700.00 P9,142,387.5 Table 5AA Summary of Improvements and Compensation for the MPAFs Barangay Fence Replacement Cost No. of Estiated Value Estimated TOTAL COST Meas. Trees Income Loss (nm) Masulog 108 P21,880.00 145 P 42,730.00 P13,500.00 P78,110.00 Biak-na-Bato 52 10,920.00 180 49,020.00 35,500.00 95,440.00 Cabagna-an 74 15,240.00 463 178,993.00 31,750.00 225,983.00 Mansalanao 105 21,890.00 223 96,210.00 8,500.00 126,600.00 Camnandag 3 630.00 102 43,930.00 2,000.00 46,560.00 Sag-ang 16 3,360.00 92 56,660.00 4,500.00 64,520.00 TOTAL 358 P73,920.00 1,205 P467,543.00 P95,750.00 P637,213.00 5-39 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.5 Estimated Resettlement Cost DESCRIPTION No. UNIT RATE QTY. AMOUNT AMOUNT P/UNIT Peso USD (Counterpart (Loan Fund) Fund) Compensation for Land and Strucres and other fixed asets Land - Agricultural 185,344.56 m2 15-20 23 3,451,837.60 - Mixed Agricultural and 55,029.08 m2 60-75 4 3,567,374.20 Builtup Areas Structures (Residential and Shops) - Permanent 9 No. N/A Actual - Semi-Permanent 26 No. N/A estimates of - Temporary 115 No. N/A replacement 150 cost Total = 8,586,48750 Other Fixed Assets - Residential fences 358 Inm DEO sched Actual 73,920.00 - waiting sheds 10 LAmp N/A estimates of 750,000.00 - barangay hall 1 sum N/A replacement 350,000.00 - school fence 1 cost 150,000.00 Repair Cost: - Permanent - - - Semi-Permanent - - Temporary - Loss of Electric and Water Connections - Streetlights 1 50,000/ 1 50,000.00 - Water lines line Crops/Trees - Arable crops 2,265 Number Based on 2,265 825,743.00 - Tres/perennials 579 Number Assessor's 579 250,000.00 and DENR's Schedule' Sub-total 1 18,055,362.30 Supplemental Assistance' ("Topping-up') Transitional allowance to cover 29 HH (based on Lump sum 293,450.00' income loss for partially and actual severely-affected house cum shops monthly and partially-affected mdependent income) shops Subsistence Allowance (severely- 27 HIHs 10,000.00 27 270,000.00 affected shop owners withA/ithout tide to the land) Inconvenience Allowance (severely - HH 15,000.00 - - affected hose owners with land title) Cost of Replacement in form of reforestation 2To be computed based on the difference between the Assessor's Schedule of values vis-A-vis the ILA's appraisal 3FnlW value to be validated by the MRIC 5-40 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Table 5.4.5 Estimated Resettlement Cost (Continued ... ) DESCRIPTION No. UNIT RATE QTY. AMOUNT AMOUNT P/UNIT Peso USD (Counterpart (Loan Fund) Fund) Financial Assistance (severely - HH 15,000.00 _ affected settlers, de facto owners of agricultural land, etc.) Rehabilitation Assistance (severely- - 15,000.00 affected PAFs) Land Preparation Assistance mL 150.00 (marginally affected de facto owners of agricultural land) Disturbance Compensation (lessees) HH 5 x average of five yrs gross income Rent Allowance (severely affected - HH Equivalent house tenants) to one (1) month rent Material transport allowance to 150 PAFs 2,000.00 15 30,000.00 relocating PAFs For fuel, DPWH trucks Sub-Total 2 593,450.00 Relocaton Area (site development and Lump aocess road) Sum External Monitoring and Post- Lump 2,000.00 Implementation Evaluation Sum Fee of Independent Land Appraiser 37,500.00 TOTAL lX,C8C,312.30 2,000.00 Management Cost 6% _ 1,121,178.74 _ Price contingencies 15% -2802,946.84 GRAND TOTAL P22,610,437.88 2,000.00 5-41 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan 5.5 Relocation Sites at La Castellana As previously discussed, one of the development concerns of the LGU of La Castellana is to reduce the population growth in the barangays located within the MKNP. This is aimed to reduce the vulnerability of the MKNP to further degradation due to human intrusion. The same concern was expressed by the Park's Protected Area Superintendent during a consultation meeting with him last 01 February 2001. Such being the case, both the LGU and the PAMB are seriously working together on policies that would preserve the integrity of the MKNP. Although the PAMB recognizes the rights of tenured migrants4 inside the Park, it is alarmed by its rapid population growth, and the possible increase in in-migration rate due to the improvement of the national highway. This is why the Board is very steadfast about its requisite to establish monitoring centers at each barangay in the MKNP5. On the part of the LGU of La Castellana, this concern has been included in its CLUP for the period, 1995-2005, wherein it proposed a land use plan for the MKNP. The said plan conforms to the requirement of the NIPAS Act, which is to divide the protected area into different management zones. Policies for the use of each zone shall be formulated in coordination with the PAMB, and included in the revised Zoning Ordinance of the Municipality. The proposed zones at the MKNP include the: (i) core protection zone (.1,417 has.), (ii) restoration zone (.717 has.), (iii) sustainable use zone (-565 has.), (iv) multiple-use zone (-540 has.), and (v) eco-tourism zone (only a trail going up the summit). In terms of allowed land uses, only the multiple-use zones will be permitted to have human settlements in it. Aside from the multiple-use zones inside the Park, other possible relocation sites include the proposed Urban Expansion Areas at Brgys. Robles and Cabacungan (Please refer to Figs. 5.1 and 5.2). The Shelter Plan of La Castellana as presented in its CLUP includes provision of relocation sites for "displaced housing units", defined as those that are "located in danger and uninhabitable areas or those living on land which is needed for a major infrastructure or in areas where there is a court order for eviction and demolition". This definition was derived from Vol. II of the Housing and Land Use Regulatory Board (HLURB) Guidelines for Formulation/Revision of CLUP, 1998. In addition, the LGU of La Castellana is also cognizant of Section 29 of Republic Act 7279, mandating LGUs to 4Section 4(l) of the NIPAS Act defines tenured migrant communities as 'communities within protected areas which have actuaUy and continuously occupied such areas for five (5) yeaws before designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence". Chapter VIII, Section 50 of the Implementing Rules and Regulations (IRR) of the Act recognizes the nghts of tenured migrants to be eligible for stewardship of portions of land within the multiple use management or buffer zone of the protected area, and from which he may derive subsistence. Migrants who would not qualify for the category tenure should be resettled outside the protected area 542 San Enfique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan provide resettlement areas for affected households. At present, only residents located in the danger zone of the MKNP were included in the shelter plan, considering that the CLUP was drafted prior to the commencement of the NRIMP Project. Since the definition also includes displacement because of major infrastructure improvement, PAFs to be displaced at the MKNP5 can be considered eligible awardees of the shelter plan. In fact, the possible need for a relocation site for families that will be displaced from the Park has been taken up with Mayor Elumba during the first consultation meeting. The Mayor assured the Project Team that the Municipality has available relocation sites at Brgys. Robles and Cabacungan. The only problem is that they are still waiting for the approval of the Department of Agrarian Reform (DAR) regarding the conversion of the proposed areas for urban expansion from agricultural to built-up area. Although these proposed sites are ideal for relocation because these are located outside the MKNP, the conversion process may take time and cause unnecessary delays in the implementation of the Project. Thus other options were considered. In a recent meeting with Mayor Enrico R. Elumba of La Castellana, he informed the DPWH-EIAPO, the Consultant, and key representatives of the Negros Occidental 2nd Engineering District that there are other relocation sites, aside from those at Brgys. Cabacungan and Robles, which are readily available to the SPAPs who would be displaced. In fact, these are found -in each project-affected barangays, namely Brgy. Masulog, Biak-na-Bato, Cabagna-an, Mansalanao, Sag-ang, and Camandag.. These areas have been developed by the Municipality, and that water supply, electricity and access road are available to the relocating PAFs. In fact, Barangay Resolutions from all affected barangays committing the provision of relocation sites, including electrification and development of water system in the said sites, were passed by each concerned Barangay Council (Please refer to Appendix E3 for a copy of the said Barangay Resolutions). These relocation sites are located at the center of these barangays, and so are readily accessible to the relocating PAFs. As such, no relocation cost is deemed necessary since the PAFs will be accorded the proper compensation for the structures, aside from the materials that can be salvaged from their existing structures, plus transportation assistance if necessary, that will enable them to rebuild their houses at the relocation site (Please see Appendix E4 Photographs of the relocation sites). 5.6 RAP Implementation 5.6.1 Approval of the RAP Approval of the RAP is expected in the month of June, 2001, after submittal to the DPWH and the World Bank. It shall be implemented as soon as the approval from the GOP and the World bank is received. The Negros Occidental 2nd Engineering District 5-43 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan shall implement the RAP, under an overall supervision of the PMO-IBRD, and guidance and technical assistance from the EIAPO. The DPWH Region 6 Office will be the PMO- IBRD and ElAPO's principal link with the DEO. 5-44 A a ''' W\La U-4.~~~~~ = - ''-C (71~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Z d - -~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~' GANVLA-ON VOLCANO MOUNT KANLA-ON NA:"ONAL I RK > / Jr 1 (, :- > ';- S ,\ ~~~-80ang mananaw.,, ,/f~~ X ' ' L ) ; - , ~~ObO6rOtod aCahaSan ) I J - ' < ~~~~~~~Cabanbanank N*hanun MANRA:Y.AMNAO ALrIY, OF L CASTELLAL''A PXOWF-- CE OFaEObS O C CI ''5',|,AM A S OL Fig. 5.2 MAP O PROPOSED URSA P XPANSION 546 f X - Y = 71 > B*n . ,. { ^~~~~~~~~~~~~agttLol \ q 6 s> ~ ',} - .u. I ' ~ 9 ' I ; BaltAsay f 1 j:l lf t-, 1Y - - \ V A wy- t; s - )~~~~~~~~~~~Ta"n ~~~~~~~~~P VKE OF HE S OCIDNTAL Fig 5.2 MA OF PRPOE URBA EX PANPSION BRGY. CABAClLNGAN SCALE I:SDna=MTS. 5-46 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan 5.6.2 RAP Implementation Activities MOU Between DPWH and LGU After receiving the approval to implement the RAP, a Memorandum of Understanding (MOU) between the DPWH and La Castellana shall be executed to ensure commitment of parties concerned. Formation and Training of the RIC The RIC consisting of the following shall be set up: (i) Mayor of La Castellana or designated representative; (ii) Representative of the PAFs (iii) District Engineer or designated representative of the Negros Occidental 2nd District Engineering Office; (iv) Barangay Captains of Masulog, Biak-na-Bato, Cabagna-an, Mansalanao, Camandag, Sag-ang, and Robles; (v) Representative from the MKNP-PAMB; and (vi) Representative from an NGO/PO operating in the area Once the RIC is created, the EIAPO shall arrange for the conduct of a series of training workshops at the district level. During these workshops, the members of the RIC will be fully guided on LARR Policy and the proper implementation of the RAP in accordance with the said Policy. Establishment of Detailed Compensation Rates Once the RIC is equipped with the necessary knowledge on RAP implementation, it will start to review and if necessary, update the compensation rates for land, structures, improvements, and other entitlements for the SPAFs and MPAFs. Conduct of Public Information Campaign The RIC will continuously conduct public consultation meetings so that the PAPs can be updated on the latest developments regarding the implementation schedule and other 547 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan activities they should be involved in. The RIC must also constantly remind the PAPs to prepare all the necessary documents pertaining to the settlement of compensation for fixed assets. Finalization of Compensation and other Entitlements of PAFs The RIC will then visit each PAF to validate the inventory of affected assets, and confer with the affected families regarding their concurrence to the updated estimates of the compensation and entitlements that they will receive. Once the PAF agree, a Compensation Entitlement Form shall be accomplished, signed by PAP, and noted by the concerned Barangay Captain. Any disagreements with respect to valuation of the properties shall be recorded. The PAFs will also be informed about the grievance procedure in case disagreements are not settled. Public Meeting Once the Compensation and Entitlement estimates have been completed for each PAF, Public Meetings at the barangay level shall be held to inform the affected stakeholders about the schedule of payments, relocation arrangements for those who would need to be relocated, and the commencement of civil works. Payment of Compensation and Other Entitlements After completing all the necessary documents, the RIC shall request the concerned barangay Captains to inform their constituent PAPs regarding the date, venue, and time of the payment of compensation. Implementation Schedule The Implementation Schedule for the La Castellana-Canla-on City road section is provided in Fig. 53. 5-48 San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan Fig. 5.3 RAP Implementation Schedule 2002 RAP Implementation Acvtlvitles May June July August September October November December 1. Approval of the RAP 11. Formation and Training of RIC 111. Public Information Campaign IV. Stakeout and Validation of Titles V. Finalize Inventory and Compensation Rates VI. Public Meeting VII. Payment of Compensation and Other Entitlements VIII. Handling Over of the Site IX. External Monitoring __ _ _ __ _ _ _ __ _ _ _ __ _ _ _ __ _ _ __ _ _ _ __ _ _ _I__ _ _ I__ __ _I_ _ I __ _ _ _ __ _ _ _ San Enrique-Vallehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan 5.6.3 Administrative and Contingency Costs Administrative and contingency costs to be incurred in the implementation of the RAP are estimated as follows: Table 5.6.1 Estimated Administrative and Contingency Costs Activity Cost ltems Amount A. Formation and training of the RIC Logistics for EIAPO staff P 55,600.00 Logistics for Regional and DEO Staff 36,500.00 Allowances and per diem of members of the 94,500.00 RIC Transportation Cost 45,000.00 B. Updating/validation of affected Logistics for EIAPO staff 112,800.00 fixed assets and corresponding compensation and entitlements Logistics for Regional and DEO Staff 126,000.00 Allowances andper diem of members of the 189,000.00 RIC Transportation Cost 90,000.00 C. Conduct of public meetings 250,000.00 Total 999,400.00 D. Contingency + 10% Contingency 99,940 GRAND TOTAL 1,099,340.00 5-50