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Social Monitoring Report

Semi-annual Report September 2019 - March 2020 June 2020

PHI: Malolos-Clark Railway Project (PFR 1)

Prepared by Greater Capital Railway for the Department of Transportation and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CURRENCY EQUIVALENTS (as of 17 June 2020)

Currency unit – Philippine Peso (₱) P1.00 = $ 0.0199 $1.00 = ₱ 50.1500

ABBREVIATIONS

ADB – Asian Development Bank ADRI – agreement to demolish and remove improvement AH – affected household AP – affected person BCDA – Bases Conversion and Development Authority BIR – Bureau of Internal Revenue BLGU – barangay local government unit CAO – City Agriculture Office CBIA – Community-Based Initiative Approach CESO – City Employment Service Office CIA – Clark International Airport CMP – Community Mortgaged Program CP – contract package CPDO – City Planning and Development Office CSWDO – City Social Welfare and Development Office DA – Department of Agriculture DAR – Department of Agrarian Reform DBM – Department of Budget and Management DD – detailed design DepEd – Department of Education DHSUD – Department of Human Settlements and Urban Development DILG – Department of the Interior and Local Government DILP – DOLE`s Integrated Livelihood Program DOH – Department of Health DOLE – Department of Labor and Employment DOTr – Department of Transportation DSWD – Department of Social Welfare and Development DTI – Department of Trade and Industry DRAM – Department of Public Works and Highways Right-of-Way

Acquisition Manual ECQ – Enhanced Community Quarantine EJS – extra judicial settlement EMA – external monitoring agent EMoP – Environmental Monitoring Plan EMP – Environmental Management Plan E.O. – executive order FGD – focus group discussion FS – feasibility study GAP – Gender Action Plan GC – general consultant GCR – Greater Capital Railway GIS – Geographic Information System

GoP – Government of the Philippines GR – grievance redress GRM – grievance redress mechanism HUDCC – Housing and Urban Development Coordinating Council

(currently DHSUD) IA – implementing agency IEC – information, education, and communication IPA – independent property appraiser ISF – informal settler family JDT – JICA Design Team JICA – Japan International Cooperation Agency KSA – key shelter agency LGU – local government unit LHB – Local Housing Board LIAC – Local Inter-Agency Committee LO – landowner LRIP – livelihood restoration and improvement program MCRP – Malolos Clark Railway Project MFF – Multi-Tranche Financing Facility MOA – memorandum of agreement MOU – memorandum of understanding NAPC – National Anti-Poverty Commission NGA – national government agency NHA – National Housing Authority NLO – non-landowner (ISF) NoT – notice of taking NSCR-Ex – North-South Commuter Railway Extension O&M – Operations and Maintenance OTB – offer to buy PCUP – Presidential Commission for the Urban Poor PESO – Public Employment Service Office PhP – Philippines peso PIAC – Project Inter-Agency Committee PMO – Project Management Office PNR – Philippine National Railways PROW – project right-of-way QMR – quarterly monitoring report RAP – Resettlement Action Plan RCS – replacement cost survey RIMC – RAP Implementation Management Committee ROW – right-of-way ROWSA – right-of-way and site acquisition ROWSAM – Right-of-Way and Site Acquisition Manual RRAP – Relocation and Resettlement Action SBC – Small Business Corporation SLP – Sustainable Livelihood Program (governed by the DSWD) SCM – stakeholder consultation meeting SES – socio-economic survey SHFC – Social Housing Finance Corporation SMR – semi-annual monitoring report

SPS – Safeguard Policy Statement TESDA – Technical Education and Skills Development Authority TNA – training needs assessment TOR – terms of reference TWG – Technical Working Group

GLOSSARY

Affected business – It refers to all types of businesses regardless of scale whose normal operation will be severely or marginally affected by the project.

Affected households (AHs)

– It refers to all households whose residence will be affected by the project.

Affected household members

– It refers to all member of the affected households.

Affected persons (APs)

– It refers to all persons or entity who are residing, using, or operating, at the time of cut-off-date, and/or owning a property in an area which will be acquired for project right-of-way, regardless of type of displacement and severity of impact.

Associated structures – It refers to structures that are associated to a main structure. This may include water tank, fence, garage, storeroom, etc.

Enterprise-based – It refers to a non-land based economic undertaking that is not salaried/waged.

Informal settler family (ISF)

– It refers to a household that does not have a legal or legal right to own the land they occupy, homeless or do not own property anywhere else. This may include structure owners and renters, rent-free occupants, caretakers, and sharers.

Involuntary resettlement

– It occurs when affected people do not have the right to refuse land acquisition and are displaced, which may result in long-term hardship and impoverishment as well as social stress.

JICA Design Team – It refers to a team of international and Philippine consultants engaged by JICA to assist DOTr in undertaking surveys, conducting interviews with affected persons, and drafting resettlement plans and policies.

Landowner – It refers to legal owners of affected land that will be acquired for the project.

Marginally-affected – It refers to the type of impact on affected property wherein the remaining portion is deemed to be economically viable or structurally sound and livable.

Non-landowner – It refers to project affected persons who responded that they do not own the land during the SES. This includes structure owners (with or without permission from the landowner), renters, sharers, rent-free occupants and caretakers (in both formal and informal structures), regardless of income.

Permanent relocation – It refers to the relocation site to be developed by the NHA and other partners of the DOTr partners where APs are to be resettled permanently.

PNR Right-of-Way (PNR ROW)

– It refers to the existing right-of-way owned by the PNR.

Project ROW (PROW) – It refers to the ROW of this project.

Public rental facility – It refers to a subsidized rental facility for APs who will not qualify for socialized housing.

Rental subsidy – It refers to a fixed amount of monetary assistance for temporary accommodation of APs while awaiting completion of permanent relocation site.

Replacement cost – It refers to the cost necessary to replace the affected structure or improvement with a similar asset based on current market prices. The cost of replacing lost assets and incomes includes cost of transactions, repair cost and other associated costs for the restoration of residual property, if any.

Severely-affected – It refers to the type of impact on affected properties wherein the remaining portion is no longer viable for economic activity or the integrity of the remaining structure has been compromised.

Temporary accommodation

– It refers to the interim site or rental unit where the APs will move temporarily while awaiting completion of permanent relocation site.

Validation – It refers to the process of verifying or checking the accuracy of census information provided by the APs during the preparation of the RAP.

NOTE

(i) The fiscal year (FY) of the Government of Philippines and the Department of Transportation ends on {31 December}

(ii) In this report, "$" refers to United States dollars unless otherwise stated

Table of Contents

LIST OF TABLES .......................................................................................................................................... I

LIST OF FIGURES ........................................................................................................................................ I

EXECUTIVE SUMMARY .............................................................................................................................. II

I. CONTEXT OF THE MONITORING REPORT .................................................................................. 1

A. PROJECT BACKGROUND ...................................................................................................................... 1 B. LAND ACQUISITION AND RESETTLEMENT IMPACTS ................................................................................. 3 C. SCOPE AND OBJECTIVE OF THE SEMI-ANNUAL MONITORING REPORT ..................................................... 6 D. MONITORING INDICATORS AND PARAMETERS ........................................................................................ 7 E. METHODOLOGICAL APPROACH ............................................................................................................. 7

II. SEMI-ANNUAL MONITORING RESULTS ....................................................................................... 8

A. UPDATING THE RESETTLEMENT ACTION PLANS ..................................................................................... 8 1. Preparation of the DD RAPs ......................................................................................................... 8 2. Review of Parcellary Survey and Location Map Preparation ........................................................ 9 3. Ground Validation Activities ........................................................................................................ 10

B. STATUS OF CONSULTATION, PARTICIPATION, AND DISCLOSURE ........................................................... 11 C. STATUS OF THE GRIEVANCE REDRESS MECHANISM ............................................................................ 18

1. Establishment of Central Hotline and Local Help Desks ............................................................ 18 2. Establishment of the GRM Team ................................................................................................ 18 3. Grievances Recorded ................................................................................................................. 20 4. Resources Devoted to the GRM ................................................................................................. 21

D. STATUS OF INSTITUTIONAL ARRANGEMENTS FOR LAND ACQUISITION AND RESETTLEMENT .................... 21 1. MCRP Project Management Office ............................................................................................. 21 2. Partner Institutions ...................................................................................................................... 23 3. General Consultant ..................................................................................................................... 25

E. STATUS OF THE LIVELIHOOD RESTORATION AND IMPROVEMENT PROGRAM .......................................... 26

III. SAFEGUARDS PERFORMANCE MONITORING ......................................................................... 28

A. COMPLIANCE WITH RAP .................................................................................................................... 28 B. KEY ISSUES AND IMPLEMENTATION CHALLENGES ................................................................................ 28

IV. PROPOSED MAJOR ITEMS OF FOCUS FOR THE NEXT REPORT .......................................... 29

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LIST OF TABLES

TABLE I-1: LAND REQUIREMENTS AND AFFECTED HOUSEHOLDS IN CP N-01 TO N-05 AREAS ................................. 4

TABLE I-2: SUMMARY OF PROJECT IMPACTS IN CP N-01 TO N-03 AREAS ..................................................................... 4

TABLE I-3: SUMMARY OF PROJECT IMPACTS IN CP N-04 AND N-05 AREAS .................................................................. 5

TABLE I-4: LAND REQUIREMENTS FOR STATIONS IN THE MALOLOS-CLARK SECTION .................................................. 5

TABLE I-5: LAND REQUIREMENTS AND AFFECTED HOUSEHOLDS IN THE SOLIS-BLUMENTRITT SECTION .................... 6

TABLE II-1: STATUS OF THE DD RAP SUBMISSION ......................................................................................................... 8

TABLE II-2: RESULTS OF PARCELLARY SURVEY REVIEW ................................................................................................. 9

TABLE II-3: STATUS OF LAND AVAILABILITY IN CP N-01 TO N-05 AREAS ....................................................................... 9

TABLE II-4: LIST OF JOINT VALIDATION ACTIVITIES CONDUCTED IN THE MALOLOS-CALAMBA SECTION ................... 10

TABLE II-5: SUMMARY OF THE SECOND ROUND OF SCMS IN THE DD PHASE ............................................................. 11

TABLE II-6: MAIN ISSUES AND CONCERNS RAISED DURING THE SECOND ROUND OF SCMS IN THE DD PHASE ......... 13

TABLE II-7: STATUS OF THE LOCAL HELP DESK AND THE LOCAL GRM TEAM (AS OF MAR 2020) ................................ 18

TABLE II-8: COMPOSITION OF THE CENTRAL GRM TEAM (AS OF MAR 2020) ............................................................. 19

TABLE II-9: STATUS OF GRIEVANCES (AS OF MAR 2020) ............................................................................................. 20

TABLE II-10: TYPE OF RECEIVED GRIEVANCES.............................................................................................................. 21

TABLE II-11: PERSONNEL STATUS OF THE MCRP PROJECT MANAGEMENT OFFICE .................................................... 21

TABLE II-12: COMPOSITION AND MEMBER AGENCIES OF THE PROJECT INTER-AGENCY COMMITTEE ...................... 23

TABLE II-13: COMPOSITION AND MEMBER AGENCIES OF THE TECHNICAL WORKING GROUP .................................. 24

TABLE II-16: COMPOSITION OF THE GCR RAP TEAM ................................................................................................... 25

TABLE II-18: SUMMARY RECORDS OF FGD AND TNA (SEP 2019-MAR 2020) .............................................................. 26

TABLE III-1: IDENTIFIED KEY ISSUES ............................................................................................................................. 28

LIST OF FIGURES

FIGURE 1-1: ALIGNMENT OF THE MCRP TRANCHE 1 ..................................................................................................... 3

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EXECUTIVE SUMMARY

1. The Government of the Philippines (GoP) requested the Asian Development Bank (ADB) and the Japan International Cooperation Agency (JICA) for financial assistance to the Malolos Clark Railway Project (MCRP) also known as the North-South Commuter Railway Extension Project (NSCR-Ex). ADB and the GoP signed the loan agreement on 11 July 2019 to finance civil works of the project through its Multi-Tranche Financing Facility (MFF) in three tranches. MCRP Tranche 1 consists of the Malolos-Clark and the Solis-Blumentritt Extension Sections. JICA is also co-financing the project specifically, the core system and consulting services and signed the loan agreement with the GoP on 21 January 2019.

2. The Malolos-Clark alignment stretching 51.4 kilometers commences at the City of Malolos, passing through the Municipality of Calumpit in the Province of Bulacan, and the Municipalities of Apalit, Minalin, and Sto. Tomas and Cities of San Fernando, Angeles, and Mabalacat in the Province of Pampanga until the alignment reaches the Clark International Airport (CIA) complex. The Solis-Blumentritt alignment, on the other hand, will extend the NSCR railway line to the south from a junction point between Solis Station and Tutuban Station to a newly constructed station in Blumentritt in Sta. Cruz District, City of Manila.

3. The Malolos-Clark Section is estimated to require a total of 176.7 hectares (ha) of land. Since the Philippine National Railways (PNR) and the Bases Conversion and Development Authority (BCDA) agreed with the Department of Transportation (DOTr) to use 136.3 ha of their properties as the Project Right-of-Way (PROW), and only 40.3 ha of land shall be acquired from private property owners. In this section, a total of 514 landowners (LO) households (2,420 persons), 367 non-resident landowners, 2,227 non-landowner (NLO) households (11,135 persons), and 673 business owners will be affected by the project. For the Solis-Blumentritt Section, the project will acquire land from 83 LO households (306 persons), 89 non-resident landowners, 489 NLO households (1,863 persons), and 86 business owners.

4. The DOTr has conducted the following activities in compliance with social safeguards covenants:

(i) Updating of Resettlement Action Plans. As for three batches of Resettlement Action Plans (RAPs) prepared by JICA Design Team (JDT), DOTr updated the RAP for Mabalacat and submitted the final draft to ADB on 23 March 2020. For the NLO RAP, the DOTr will submit a draft until July 2020. For the LO RAP, the DOTr submit to ADB by 30 May 2020.

(ii) Parcellary Survey Review and Location Map Preparation. As preparatory work prior to the RAP approval, DOTr started to review parcellary surveys and as-built plans with a view to preparing attachments to the notice of taking (NoT) that will be issued for affected households (AHs) as well as completed the preparation of location maps for all the lots subject to the NoT.

(iii) Validation Activities. During the reporting period, DOTr has completed validation activities in all of the eight Local Government Units (LGUs) of the project. The results of the validated data will be used as reference of the DOTr in planning for the establishment of the total housing units to be constructed by the National Housing Authority (NHA) and assessing the number of available units for public rental facilities for unqualified AHs. The assessment of available public rental facilities for temporary housings during the pre-resettlement period is to be conducted further.

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(iv) Consultation, Participation, and Disclosure. Meaningful consultations have been conducted to ensure issues, concerns, and voices of AHs are incorporated during the project preparation. At the start of the detailed design (DD) stage, the DOTr was given assistance by the JDT which led the conduct of information, education, and communication (IEC) meetings and stakeholder consultation meetings (SCMs). Since GCR mobilization in early September 2019, its RAP Team has assisted the DOTr in conducting the second round of SCMs for non-landowners of the Malolos-Clark Section. In parallel, GCR RAP Team together with the DOTr has arranged and attended coordination meetings with other project stakeholders regarding the RAP implementation.

(v) Establishment of the Help Desks. The DOTr completed its establishment of the Local Help Desk at each LGU for the Malolos-Clark Section and has carried out preparatory works for its establishment in the Manila City for the Solis-Blumentritt Section. In absence of the Local Help Desk for the Solis-Blumentritt Section, grievances related to the affected area have been received and addressed via central hotline. The regular personnel from the MCRP Project Management Office (PMO) has been deployed to manage the Local Help Desk established at each LGU office along with counterpart staff to answer inquiries about the project, receive complaints, and provide clarification on the matters related to claims and interests of affected persons (APs). Since most LGUs await the establishment of Local Inter-Agency Committee (LIAC) or the RAP Implementation and Management Committee (RIMC), grievances are currently handled by the DOTr`s Grievance Redress Mechanism (GRM) Team. Once LIAC or the RIMC is established, pending grievances will be followed up on by three levels of the GRM in sequence, i.e., (i) first level: Local Help Desk or Central Hotline, (ii) second level: RIMC, TWC/Right-of-Way Site Acquisition (ROWSA) Committee or the DOTr`s Legal Department, and (iii) third level: Project Inter-Agency Committee (PIAC). Notwithstanding all levels of the GRM, complaints can be filed in a court of law, which is not a part of the GRM, by the APs at any stage of the GRM process. By the end of March 2020, a total of 242 grievances or inquiries were received and were all addressed during the reporting period, most of which were RAP-related cases (241), followed by one environment-related case.

(vi) Institutional Arrangements for the Project. The DOTr`s MCRP PMO has filled a total of 68 positions including 22 positions dedicated to the RAP implementation. The current RAP staff in the MCRP PMO has thus far attended seven training sessions as part of capacity building. Second, a joint memorandum circular to set up the PIAC has been prepared for signatures of involved agencies for this project, and currently the Department of Human Settlements and Urban Development (DHSUD) is coordinating with other national government agencies (NGAs) to finalize the circular. Pending the official PIAC establishment, preliminary PIAC meetings among the DOTr, PNR, and key NGAs have been held since 12 December 2018. Third, the composition of the Technical Working Group (TWG) under PIAC was also agreed by agency representatives during the third PIAC meeting on 26 September 2019. Fourth, to govern the community-driven resettlement of the informal settler families (ISFs), the DOTr concluded a memorandum of agreement (MOA) with the NHA on 3 September 2019 and a MOA with the Social Housing Finance Corporation (SHFC) in December 2018. Fifth, preparatory works for the establishment of the RIMC and the LIAC have been conducted for the formation of site-specific partnerships. The GCR, as the GC for

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this project, has been assisting the MCRP PMO in achieving efficient and proper preparation and implementation of the project since September 2019.

5. All land acquisition and resettlement tasks under the project will be subject to internal and external monitoring. The MCRP PMO has conducted internal monitoring on a monthly basis and started to prepare this semi-annual monitoring report (SMR) No. 1 (Sep 2019-Mar 2020) and quarterly monitoring report (QMR) No. 1 (Sep-Dec 2019) and No. 2 (Jan-Mar 2020) for submission to ADB and JICA in April 2020. As far as external monitoring is concerned, the terms of reference (TOR) of the external monitoring agent (EMA) was reviewed and approved by ADB in March 2020. The DOTr is currently in the process of EMA procurement. 6. As to delays in implementing field activities, DOTr will implement alternative strategies such as engaging stakeholders amidst movement restrictions under ECQ. Among these strategies include telephone calls consultations, the use of courier services to send out the NoT. The DOTr will continue to carry out field work and coordination activities with stakeholders to ensure that implementation requirements for the DD RAP for Mabalacat are fulfilled and that the remaining RAPs for the Malolos-Clark Section and the Solis-Blumentritt Section are updated and finalized prior to the commencement of civil works.

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I. CONTEXT OF THE MONITORING REPORT

A. Project Background

1. The Malolos Clark Railway Project is one of the government’s efforts to promote inclusive growth and improve transport and logistics services to currently underserved areas in the country. Starting from the center of Metro Manila to the nearby areas in North Luzon, the MCRP is expected to ease the traffic congestion on existing national and local roads along the railway’s route while accelerating economic growth and expansion along the project’s influence areas. The MCRP main line is 51.4-km long which includes 47.84 km of viaducts, 0.64 km of embankment and at-grade structures, 2.94 km of underground structures, and an at-grade spur line stretching 1.2 km to the depot. There will be six stations, one depot with an operations control center, 13 bridge crossings, and substations. The location of construction yards and disposal areas will be determined by the contractor.

2. The MCRP is being financed by Multi-Tranche Financing Facility (MFF) in three tranches for large-scale stand-alone projects. At the time of MFF processing, the design, procurement, and safeguards have been appraised for the entire MFF. Each tranche will finance slices of a group of contracts per indicative tranche schedule, and the amount for each tranche will be requested per disbursement progress and projection (DOTr, 2020). The GoP has requested an MFF in the amount of up to $2.75 billion from the ordinary capital resources of ADB to help finance the civil works (i.e., viaducts, bridges, stations, tunnels, and depot buildings) of the project. The MFF consists of three tranches, subject to the government’s submission of related periodic financing requests, execution of the related loan agreement for each tranche, and fulfillment of terms and conditions and undertakings in the framework financing agreement. On 11 July 2019, ADB and the Republic of the Philippines signed the loan agreement, which became effective on 26 September 2019.

3. The civil works of the project was divided into six (6) contract packages. Five contract packages involve the construction of viaducts, bridges, stations, and tunnels. One contract package involves the construction of the railway depot. All are being procured through international open competitive bidding. Table I-1 describes the six contract packages.

Table I-1

Contract Package Number

General Description

Estimated Value (in US$ M)

City/Municipality Stations

CP N-01 Viaduct and

elevated stations

619 Malolos, Calumpit,

Apalit, Minalin

Calumpit, Apalit

CP N-02 Viaduct and

elevated station

511 Minalin, Sto. Tomas, San Fernando

San Fernando

CP N-03 Viaduct and

elevated stations

583 San Fernando,

Angeles, Mabalacat

Angeles, Clark

CP N-04

Tunnel, underground station and approach

line

367 Mabalacat Clark

International Airport

2

CP N-05 Depot and approach

line 300 Mabalacat N/A

CP S-01 Viaduct and

elevated station

145 Manila Blumentritt

4. The project is co-financed by JICA on a parallel collaborative basis. The JICA loan was approved in December 2018 and signed on 21 January 2019. JICA is financing the core system (i.e., tracks, depot equipment, power supply and electrification, signaling and telecommunication systems, and procurement of rolling stocks) and consulting services. 5. MCRP Tranche 1 consists of the Malolos-Clark and the Solis-Blumentritt Sections. The Malolos-Clark alignment stretching 51.4 kilometers (km) commences at the City of Malolos, passing through the Municipality of Calumpit in the Province of Bulacan, and the Municipalities of Apalit, Minalin, and Sto. Tomas and Cities of San Fernando, Angeles, and Mabalacat in the Province of Pampanga until the alignment reaches the Clark International Airport (CIA) complex. The MCRP Tranche 1 also covers the Solis-Blumentritt Section which will extend the NSCR railway line to the south from a junction point between Solis Station and Tutuban Station to a newly constructed station in Blumentritt in Sta. Cruz District of the City of Manila. It will be comprised of around 2 km of an elevated double-track alignment. The Blumentritt Station is envisioned to be interoperated with LRT Line 1, 2, and 3 with a transfer station for commuters from the Cities of Manila, Makati, Taguig, Paranaque, and Muntinlupa which are all located in Metro Manila. Figure 1-1 presents the alignment of the MCRP Tranche 1.

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Figure 1-1: Alignment of the MCRP Tranche 1

Source: Greater Capital Railway (GCR).

B. Land Acquisition and Resettlement Impacts

6. Malolos Clark Section. The Malolos-Clark Section will require a total of 176.7 hectares (ha) of land. As the Philippine National Railways (PNR) and the Bases Conversion and Development Authority (BCDA) agreed with DOTr, the agency implementing the project, to utilize 136.3 ha of their properties as the project right-of-way (PROW), only 40.3 ha of land will be acquired from private property owners. At present, no private land has yet been acquired. The notice of taking (NoT) is scheduled to be issued in June 2020 and then the offer to buy (OTB) will be issued 30 days after the NoT issuance. 7. This section consists of five contract packages from contract package (CP) N-01 to N-05. CP N-01 covers four local government units (LGUs), i.e., Cities of Malolos and Calumpit in Bulacan Province and Municipalities of Apalit and Minalin in Pampanga Province. CP N-02 covers two LGUs, i.e., City of San Fernando and Municipality of Sto. Tomas in Pampanga Province. CP N-03 covers Angeles City and a portion of San Fernando City in Pampanga Province. CP N-04

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and N-05 cover the area in Pampanga Province where Mabalacat main line and depot will be located. From CP N-01 to N-05. A total of 514 landowner (LO) households (2,420 persons), 367 non-resident landowners, 2,227 non-landowner (NLO) households (11,135 persons), and 673 business owners are estimated to be affected by the project. Table I-2 presents the scale of land to be required for the Malolos-Clark Section by LGU and the number of AHs in all LGUs per contract package.

8. In CP N-01 to CP N-03 areas, 660 structures and 2,214 households or 9,063 persons will be affected by the project. Also, two households (10 persons) with land-based livelihood including agriculture and fish culture will be severely affected. Table I-3 summarizes the impacts in CP N-01 to N-03 areas by the project.

Table I-2: Land Requirements and Affected Households in CP N-01 to N-05 Areas

*Based on the LO and NLO master lists submitted by the JICA Design Team (JDT) along with the draft LO and NLO

RAPs.

Source: GCR.

Table I-3: Summary of Project Impacts in CP N-01 to N-03 Areas LGU

Indicator Malolos Calumpit Apalit Minalin Sto.

Tomas San

Fernando Angeles Total

No. of Affected Structures

31 285 80 4 8 132 120 660

No. of Affected Households

56 356 121 5 38 1,012 626 2,214

No. of Affected Household Members

222 1,434 564 22 155 4,164 2,502 9,063

Land OwnerNon

Landowner

134,125 134,125 0

1,766,714 1,363,321 403,394 1,766,714 1,363,321 403,394 514 2,227

Sto. Tomas

Area To be

Aquired

(sq.m)

111,758

139,366

152,270

0

Area

Required

(sq.m) by CP

San Fernando

TOTAL

CP No.

100,918

CP

N-03

CP

N-04

Mabalacat

Depot

CP

N-05

333,570 181,301

431,188 431,188

City /

Municipality

106,481

PNR/ BCDA

Lot (sq.m)

Mabalacat ML 183,182 183,182 0

431,188 0

Angeles 114,109

127,969

206,881420,848

Apalit

56,297

431,188

Minalin

183,093

86,242

109,602

Area

Required

(sq.m)

Area To be

Aquired

(sq.m)

61,550

PNR/ BCDA

Lot (sq.m) by

CP

93,076 81,228

316,678

29,945

295

0

0

10

4

9

CP

N-01

CP

N-02

428,436

439,395

Calumpit

153,003

Malolos

44,932

11,848

25,034

213,967

8,684

68,985

56

356

121

5

38

1,012

626

300,029

28

0

14

66

101

Project Affected

Households*

5

LGU Indicator

Malolos Calumpit Apalit Minalin Sto. Tomas

San Fernando

Angeles Total

No. of Affected Land-based Livelihood

0 0 0 0 0 1 1 2

Source: JDT.

9. For CP N-04 and N-05, the project-affected land within the BCDA-owned property will be required for the Mabalacat Section from Clark to CIA including the depot. The DOTr already obtained a written confirmation from the BCDA on the use of its properties within Clark Freeport Zone as the PROW through a letter dated 27 June 2018. Under the two contract packages, 17 households and 24 farmers and micro-business owners will be severely affected, and some 13 employees will be marginally affected due to income loss caused by the closure of the business establishment of their employer. The land acquisition and resettlement impacts are covered by RAPs for landowners and non-landowners. Table I-4 summarizes project impacts in Mabalacat main line and depot areas.

Table I-4: Summary of Project Impacts in CP N-04 and N-05 Areas Land

Acquisition

(m2)

No. of Affected Structure

No. of Affected

Government Structures

No. of Affected

Households

No. of Affected Persons

No. of Affected

Landowners

No. of Affected Micro-

Businesses 603,156 97 7 17 30 1 21 tree,

crop, and livestock farmers

1 lessee farmer

1 Yakult vendor

1 sari-sari store owner

Note: Including associated structures as validated March 2020.

Source: JDT and DOTr.

10. The Malolos-Clark Section includes six stations requiring a total of 73,500.00 square meters (m2), or 7.35 ha of land, which consists of 66,032.65 m2 of the public land from the PNR and the BCDA and 7,467.35 m2 of the private land to be acquired. Table I-5 summarizes the total land requirements for the six stations per LGU.

Table I-5: Land Requirements for Stations in the Malolos-Clark Section

Station Location Kilometrage of the Center

of Station

Length Including

Emergency Stair (m)

Required Width of

ROW (m)

Area (m2)

Estimated Land Requirement (m2)

Public Private

1 Calumpit Calumpit, Bulacan

41km 134m (41+134)

190.00 60.00 11,400.00 9,786.66 1,613.34

2 Apalit Apalit, Pampanga

46km 440m (46+440)

190.00 60.00 11,400.00 11,150.83 249.17

3 San Fernando

San Fernando, Pampanga

58km 595m (58+595)

190.00 60.00 11,400.00 10,003.81 1,396.20

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Source: GCR.

11. The Solis-Blumentritt Section. As part of CP S-01, the project will have civil engineering and building works. A 1.1-kilometer elevated railway viaduct and a four-level station will be constructed in this section. This extension is connected with the NSCR at the south end of Solis Station. The scale of land to be required for this section totals 72,432.71 m2, or 7.24 ha. The land owned by the PNR and the City of Manila, equivalent to 36,790.15 m2 will be used for the project, and the remaining required land will be acquired from private landowners. A total of 568 households, i.e., 83 LO households (306 persons), 89 non-resident landowners, 489 NLO households (1,863 persons), and 86 business owners will be affected. Table I-6 summarizes land requirements and the number of AHs in this section.

Table I-6: Land Requirements and Affected Households in the Solis-Blumentritt Section Station Location Kilometrage

of the Center of the Station

Estimated Land Requirement

Public Private Blumentritt City of Manila CH 2+205 PNR: 36,356 m2 35,642.56 m2

City-owned road: 434.15 m2

Total No. of Affected Households1 Type of Affected Households Non-landowner Landowner

572 489 83 1 Apart from 83 LO and 489 NLO households, there are 89 non-resident landowners and 86 business owners are

also estimated to be affected in this section.

Source: GCR.

C. Scope and Objective of the Semi-Annual Monitoring Report

12. The main objective of the semi-annual monitoring is to assess the progress of RAP preparation and other related activities. At this stage, main activities focus mainly on updating the RAPs. The semi-annual monitoring also examines the bottlenecks encountered in preparing and updating the RAPs. The specific objectives are:

(i) Ascertain whether the social safeguards plan has met its objectives, and whether the objectives were suited to the conditions encountered by APs;

(ii) Assess the extent to which consultation and disclosure activities are inclusive, accessible, and effective in conveying key information from the RAP, and there are opportunities for APs to participate in decision making involving project components that affect them, such as resettlement and livelihood restoration activities;

(iii) Review the effectiveness of the grievance redress mechanism, its accessibility, and its responsiveness to resolving complaints; and

(iv) Suggest modifications to the implementation procedures of the social safeguards plan, if necessary, to achieve the objectives of the RAP.

4 Angeles Angeles, Pampanga

73km 655m (73+655)

190.00 60.00 11,400.00 7,191.36 4,208.65

5 Clark Mabalacat, Pampanga

78km 586m (78+586)

190.00 60.00 11,400.00 11,400.00 0.00

6 CIA Mabalacat, Pampanga

86km 034m (86+034)

275.00 60.00 16,500.00 16,500.00 0.00

Total Area (m2) 73,500.00 66,032.65 7,467.35

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13. This semi-annual report summarizes safeguards compliance and internal monitoring activities for September 2019–March 2020 reporting period. The report includes recommendations to improve resettlement activities in the following areas: (i) DD RAP preparation and approval, (ii) institutional arrangements, and (iii) consultations and grievances.

D. Monitoring Indicators and Parameters

14. Qualitative and quantitative data were obtained in preparing the semi-annual social monitoring report with the following parameters and monitoring indicators used:

(i) Adequacy of Resettlement Planning • Status on updating and finalizing the DD RAP • RAP compliance with ADB/JICA policy • Availability and adequacy of SES database based on DD survey • Verification of replacement cost study • Establishment of internal monitoring system

(ii) Effectiveness of the Consultation Process and the Grievance Redress Mechanism • Consultations held as scheduled, including meetings and community activities • Knowledge of entitlements by the displaced persons • Consultation meetings exclusively with women and with vulnerable groups • Dissemination of project information brochures to APs in the local language • Grievance Redress Mechanism accessible to APs • APs are familiar with the GRM system, including the Local Help Desk • Information on the resolution of the grievances • Grievances addressed according to schedule

(iii) Institutional Arrangement for the RAP Implementation Established

• Establishment of MCRP PMO with required staffing for RAP implementation • Adequacy of knowledge and experience of MCRP PMO staff for RAP

implementation • Capacity building measures of MCRP PMO staff undertaken • Establishment of Project Inter-Agency Committee • Signing of MOA with different key shelter agencies • Establishment of RAP Implementation and Management Committee • Establishment of the GRM according to RAP provisions • Funds allocated to resettlement agencies according to schedule

E. Methodological Approach

15. Guided by the monitoring indicators and parameters, this report was produced with written and verbal inputs from JDT and discussions with DOTr staff on the status of RAP activities. A review of available project-related documents, master lists of APs, GRM database, and accomplishment reports provided by the DOTr were the basis of the analysis. Progress reports served as the backbone of the assessment, as they provide a picture of the resettlement initiatives with a special focus on preparatory activities including (i) the accomplishment of the necessary safeguard documents that serve to mitigate involuntary resettlement impacts, (ii) the consultation process, and (iii) grievance redress measures. The document review provided a balance between qualitative and quantitative data and afforded insights into the existing resettlement and program strategies. Site visits were conducted to validate project socio-economic data and verify current

8

conditions on the ground. The verification process allowed the project team to establish the final master list of all APs.

II. SEMI-ANNUAL MONITORING RESULTS

A. Updating the Resettlement Action Plans

1. Preparation of the DD RAPs

16. RAPs were prepared in accordance with ADB social safeguards and JICA Environmental and Social Considerations guidelines. In order to expedite the completion of the DD RAPs, the DOTr`s MCRP PMO decided to deploy its RAP team to carry out pre-RAP implementation activities including validation of AHs based on the master list. The validation activities were designed to come up with the final master list for the project’s entitlements and relocation assistance. The validation activities covering eight cities and municipalities in the Malolos-Clark Section required additional human resources to complete the tasks according to schedule. The Greater Capital Railway (GCR) as the general consultant (GC) was mobilized early to support the validation activities.1 17. DOTr continued to conduct field activities and completed the validation activities. In December 2019, the DD RAPs for the Malolos-Clark Section were decided to be delivered in three batches.

18. The final draft DD RAP for Mabalacat was submitted by DOTr to ADB on 23 March 2020. The LO DD RAP is now under review by DOTr, while the NLO RAP is currently being updated. Due to the outbreak of the coronavirus disease (COVID-19), the GoP has enforced the Luzon-wide Enhanced Community Quarantine (ECQ), in which the submission of the NLO DD RAP to ADB was postponed to July since field validation activities are still needed to be undertaken to update the information of AHs on the NLO DD RAP.

19. Table II-1 summarizes the status of the DD RAP submission.

Table II-1: Status of the DD RAP Submission Alignment RAP Batch Status

Malolos-Clark Section DD RAP for Mabalacat

DOTr submitted the final draft to ADB for compliance review.

Landowner DD RAP for CP N-01 to N-03

DOTr revising draft.

Non-landowner DD RAP for CP N-01 to N-03


Solis-Blumentritt Section

Landowner DD RAP for Manila Partial Operation


Source: GCR.

1 The GCR refers to the joint venture consisting of Oriental Consultants Global Co. Ltd., Katahira & Engineers

International, Pacific Consultants Co., Ltd., Tonichi Engineering Consultants, Inc, and Nippon Koei in association with DCCD Engineering Corporation, Engineering and Development Corporation of the Philippines, J.F. Cancio & Associates, Oriental Consultants Philippines, Inc., Schema Konsult, Inc., and TCGI Engineers.

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2. Review of Parcellary Survey and Location Map Preparation

20. Preparatory work prior to the RAP approval have been started particularly for the review of parcellary surveys and as-built plans. This will be used as attachments to the NoT that will be issued to landowner APs in June 2020. For the Malolos-Clark Section, a total of 1,699 private lots are to be acquired, all of which are ready for the NoT issuance. Out of the 1,699 lots, some 615 lots are ready for the issuance of the OTB in 30 days after the NoT issuance, equipped with necessary information and plans. The remaining 1,084 lots will require further research and additional information for the OTB issuance after the issuance of the NoT and the preparation of subdivision plans. The DOTr will conduct further research and collect additional information on the lots by June 2020. 21. In preparation for the NoT issuance, the DOTr prepared location maps for all the lots subject to the NoT issuance including maps. The maps with control numbers have been prepared and is now ready for the issuance to landowners. Table II-2 illustrates the results of the parcellary survey review.

Table II-2: Results of Parcellary Survey Review Contract Package

City/ Municipality

No. of Private Lots

to be Acquired

No. of Lots Ready for the NoT Issuance

No. of Lots Ready for the OTB

Issuancea

No. of Lots for Updatingb

CP N-01 Malolos 130 130 70 60 Calumpit 154 154 78 76 Apalit 37 37 7 30 Minalin 8 8 0 8

CP N-02 & CP-N-03

Sto. Tomas 51 51 0 51 San Fernando 1,036 1,036 331 705 Angeles 283 283 129 154

CP N-04 Mabalacat (Main Line)

0 Not applicable Not applicable Not applicable

CP N-05 Mabalacat (Depot)

0 Not applicable Not applicable Not applicable

Total 1,699 1,699 615 1,084 a Lots ready for the OTB issuance refer to the lots whose plans are ready for signature of the JDT’s geodetic

engineer. b Lots for updating refer to the lots which require additional data and subdivision plans for completion.

Source: GCR.

22. During this reporting period, the DOTr in collaboration with the GCR civil works team identified the land within the ROW that is free and clear for handover to the contractor from Day 1 for civil works. The MCRP RAP defines free and clear land—as the land that is free of affected households and structures, utilities, and trees to be cut. Based on the preliminary assessment, a total of free and clear land for CP N-01 to N-05 is estimated at 875,586.62 m2. The free and clear land will be further validated on the ground to determine actual ground situation. It should be noted that due to the ECQ, field validation has not been completed by the GCR Civil Works Team, so that the figure might be changed after the completion of validation activities. The GCR Civil Works Team indicated target work access dates for construction activities. Table II-3 indicates the total land requirement including available free and clear land ready for contractor’s access as soon as the contract award is issued.

Table II-3: Status of Land Availability in CP N-01 to N-05 Areas

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No. Package City/ Municipality

Total Land Requirement

(m2)

Free & Clear Land (m2)

Land Availability (%)

1 CP N-01 Malolos, Calumpit, Apalit

428,436 264,509 61.7

2 CP N-02 Sto. Tomas San Fernando Angeles

439,395 201,016 45.8

3 CP N-03 333,570 142,507 42.7 4 CP N-04 Mabalacat (Main

Line) 211,352 201,870 95.5

5 CP N-05 Mabalacat (Depot) 360,840 65,684 18.2 Total 1,773,593 875,587 49.4

Source: GCR.

3. Ground Validation Activities

23. The DOTr completed the conduct of joint ground validation activities on 19 February 2020 in collaboration with the PNR, the Department of Human Settlements and Urban Development (DHSUD), the National Housing Authority (NHA), and the GCR. The validation activities covered the eight LGUs and all of their barangays affected by the Malolos-Clark Section, aiming at validating (i) the DD master list of affected persons within the PROW and (ii) the extent of affected parcel of lands, structures, improvements and/or business establishments within the PROW. Likewise, the activities validated actual occupancy in comparison with the master list and then generated the final master list after validation. Table II-4 enumerates validation activities conducted in the Malolos-Calamba Section.

Table II-4: List of Joint Validation Activities Conducted in the Malolos-Calamba Section LGU Barangay Date Conducted

Malolos City, Bulacan Longos 12-13 Sep 2019 19 Feb 2020

Bulihan 19-20 Aug 2019 Municipality of Calumpit, Bulacan

Pio Cruzcosa, San Marcos, and Calumpang

13-15 Jan 2020

Palimbang, Iba Este, Iba O’este, and Corazon

16-20 Jan 2020

Balungao, Poblacion, and Gatbuca

21-24 Jan 2020

Municipality of Apalit, Pampanga

Sulipan 23-25 Sep 2019 San Vicente 26 Sep 2019

Municipality of Minalin, Pampanga

Lourdes 20 Dec 2019

Municipality of Sto. Tomas, Pampanga

Poblacion, San Matias Sapa, and Moras dela Paz

21-22 Aug 2019

City of San Fernando, Pampanga

Baliti, Sindalan, Malpitic, and Calulut

7-9 Oct 2019

Maimpis, Quebiawan, and San Agustin

10, 23, 25, and 28 Oct 2019

Sto. Nino, Dolores, and Lourdes 4, 5, and 13 Nov 2019 Sta. Lucia, San Pedro Cutud, and San Nicolas

14, 15, 18, and 19 Nov 2019

Pulung Bulu 20-21 Nov 2019

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LGU Barangay Date Conducted Maimpis for Community Mortgaged Program (CMP) validation

-

City of Angeles, Pampanga Sto. Cristo, Pulung Bulu, and Lourdes Sur

28-29 Jan 2020

Lourdes Sur East, Claro M. Recto, and Santa Teresita

30 Jan-3 Feb 2020

Malabanias 4-7 Feb 2020 Balibago 10-12 Feb 2020

Mabalacat City, Pampanga Dolores and Lakandula 18-19 Jul 2020 Source: DOTr.

24. The participation of the NHA in validation activities was instrumental in substantiating the master list to determine APs already enrolled in government housing programs. The NHA pre-qualification process will validate the number of APs requiring assistance relocating to public rental housing facilities to be set up in each LGU with support from the DOTr. The DOTr will utilize the validated data to plan with each LGU the provision of public rental facilities for AHs unqualified for government housings due to a previous record in receipt of such assistance. What is critically required is the assessment of available rental facilities to be used as temporary housings while AHs are waiting for the completion of their housing units by the NHA. The DOTr in collaboration with LGUs already established a database of available rentable facilities and their prevailing rental rates within the LGUs. The information is valuable in planning and implementing the provision of temporary accommodations for all APs/AHs under the project.

B. Status of Consultation, Participation, and Disclosure

25. Meaningful consultations have been conducted to ensure issues, concerns and voices of AHs are incorporated during the project preparation. Information, education, and communication meetings with concerned LGUs were conducted to disclose initial information about the project, prior to any RAP-related activities. Also, stakeholder consultation meetings (SCMs) have been conducted with AHs/APs during FS and DD phases. 26. During the first round of SCMs in the DD phase, the DOTr disclosed updates on the project and information of RAP activities and held an open forum. During the second round of SCMs in the DD phase, the DOTr disclosed the final compensation package, relocation sites, and the LRIP. Focus group discussions (FGDs) were conducted to substantiate the data gathered with affected business sectors and vulnerable groups during SES. Information about the project is accessible to the public through respective websites of ADB, JICA, and the DOTr. 27. In March 2020, 12 meetings were conducted during the second round of SCMs in Malolos-Clark and Solis-Blumentritt sections by DOTr. A total of 1,536 participants attended the consultation meetings with gender disaggregation of 690 males and 846 females. The summary records of the second round of the SCMs are presented in Table II-5, and main issues and concerns raised during the meetings are summarized in Table II-6.

Table II-5: Summary of the Second Round of SCMs in the DD Phase2

2 The second round of SCMs for non-landowners in the NSCR Clark Extension were scheduled to be held in six LGUs

from 11 to 26 March 2020. Due to the ECQ, however, nine out of 11 SCMs were cancelled by LGUs. DOTr will hold the cancelled SCMs in May 2020 in consultation with each LGU.

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LGU Venue Date and Time

Participant No. of AP Participants

M F Total Malolos-Clark Section Malolos City, Bulacan

Aldaba Hall, City of Malolos Integrated School (Malolos Central School), Santo Rosario, City of Malolos, Bulacan

17 Jan 2020 2:00 p.m.

APs, barangay LGUs (BLGUs), DOTr, PNR, NHA, ADB, JDT, and EcosysCorp, Inc.

6 10 16

Municipality of Calumpit, Bulacan

Covered Court, Calumpit Municipal Hall Compound, Calumpit, Bulacan

17 Jan 2020 8:00 a.m.

APs, BLGUs, DOTr, PNR, NHA, ADB, JDT, and EcosysCorp, Inc.

65 107 172


Sanguniang Bayan Session Hall, Brgy. San Juan, Apalit Municipal Hall, Municipality of Apalit, Pampanga

16 Jan 2020 8:00 a.m.


39 46 85

Multi-purpose Hall, Apalit Municipal Hall, Apalit, Pampanga

11 Mar 2020 1:30 p.m.

APs, DOTr, LGU, PNR, DHSUD, NHA, GCR, and ADB

59 61 120


Barangay Hall, Brgy. Lourdes, Municipality of Minalin, Pampanga

16 Jan 2020 2:00 p.m.


1 5 6


Technical Training Center, Bondoc Ville, Brgy. Sto. Nino, Municipality of Sto. Tomas, Pampanga

15 Jan 2020 8:00 a.m.


14 14 28

Lobby Sto. Tomas Municipal Hall, Sto. Tomas, Pampanga

11 Mar 2020 9:00 a.m.

APs, DOTr, LGU, PNR, DHSUD, NHA, GCR, and ADB

32 45 77


Mini Convention, Heroes Hall, Brgy. San Juan, City of San Fernando, Pampanga

14 Jan 2020 8:00 a.m.


137 156 293

Mini Convention, Heroes Hall, Brgy. San Juan, City of San Fernando, Pampanga

14 Jan 2020 2:00 p.m.


96 132 228

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LGU Venue Date and Time

Participant No. of AP Participants

M F Total City of Angeles, Pampanga

Legislative Building, Angeles City Hall, City of Angeles, Pampanga

15 Jan 2020 2:30 p.m.


128 163 291

Mabalacat City, Pampanga

Jade Hall, Mabalacat City Hall, Mabalacat, Pampanga

24 Jan 2020 9:00 a.m.

APs including SAMANAKA farmers, Mabalacat LGU, GCR, DOTr, JDT, NHA, and ADB

34 24 58

Solis-Blumentritt Section Manila City, Metro Manila

Covered Court, Almeda St., Brgy. 244, Tondo, Manila

5 Feb 2020 9:00 a.m.

Barangays 218, 224, 227, 228, 348, 350, 356, and 359

79 83 162

Source: DOTr and GCR.

Table II-6: Main Issues and Concerns Raised During the Second Round of SCMs in the DD Phase

Major Issue/Inquiry/Concern/Opinion Response/Countermeasure

Alignment and Dimension of the PROW • Inquiries about the final alignment and the

easement provided for the PROW • The DOTr will provide a location map for

APs showing their affected property attached to the NoT. The PROW can be identified based on the ground markings.

• Inquiries if the project will utilize the PNR ROW

• The project will maximize the existing PNR ROW, however, some areas may be needing to acquire private lands depending on the technical and safety requirements. All the affected lands will be compensated by the DOTr once validated.

• Inquiries whether a house will be affected under the new realignment in Mabalacat

• It is explained that the alignment was revised due to a change in land area requirements for the project.

• Requested for an access road in Mabalacat because it will be closed to farmers

• Access to their farms will be provided, but the final plan to fence the boundary of the depot is still under progress. There is an available farmer`s trail, and this trail will remain accessible to farmers.

• Inquires if there will be an additional three meters from the current marking

• The current marking will be followed. If there is no measurement data accompanying the arrow marking, the area will not be extended. However, it is possible that during construction some may lose access to their homes or businesses. In such cases, the contractor will provide temporary entry. But in cases where APs become land locked and their areas would become permanently inaccessible, additional land may be acquired. Such cases will be subject for further study by the DOTr and Project Team.

14


• Concern that APs might not have access during construction even if they are not currently affected by the project

• Several areas will be affected, especially in San Fernando, Pampanga. Such cases are subject to further study. The DOTr will discuss the matter with the contractors and design team to work out a solution to retain accessibility. For those who would potentially lose access permanently, additional land may need to be acquired.

Agreements Between the DOTr and Landowners • Inquiries about processes involved in

easement agreements of the PROW • Easement agreement is only applicable to

properties that will be impacted minimally.

• Inquiries about the Agreement to Demolish or Remove Improvements (ADRI)

• The ADRI is given once APs are compensated.

Affected Properties • Inquiries on structures tagged with stickers

despite being located a few meters away from the PROW

• The DOTr will pay for the affected portions of the structure after validating its structural integrity.

• PAPs inquire about structures undeclared to the LGU Assessor

• It was suggested that APs should declare their properties and pay dues taxes to establish Proof of Ownership.

• Concerns whether properties located near hotels in Angeles are affected.

• There are ground markings for the PROW and sticker tags for project-affected structures.

• Concerns about the demolition of perimeter walls

• Part of the contractor’s work is to fence the PROW.

• APs can salvage materials from their property once they have been paid. They also have an option to rebuild their property wall.

• Inquiries about land-locked properties and DOTr’s offer for alternative access

• The DOTr will consult with the design team in order to provide alternative access to landlocked properties.

• Clarifications on allowing APs to develop part of their lands unaffected by the project

• APs can develop their remaining properties if validated as no longer affected by the project.

• Inquired about affected people who were not interviewed and are not on the master list but their houses were tagged (i.e., duplex house with only one tag but with two households)

• The DOTr acknowledged that people could have been absent during the conduct of the validation. However, if their structures were tagged even if they were not interviewed then they are considered affected. Those who are not on the list are probably not affected, which is the reason they were not interviewed. There is a cut-off date for the census and tagging activities. Those who were interviewed but are not on the list, their names will be validated, processed and subject for NHA approval for socialized housing.

• Inquired on people who were interviewed twice and have stickers but not on the master list from the barangay

• APs were allowed to check their names in the master list of the DOTr during consultations.

• Concerns on the exclusion of other families (total of four in one structure) from the master list

• If the families were interviewed separately during the census and tagging then they should be on the master list.

• Concerns that the AP`s structure was not tagged, and that the AP was not

• Only those structures with stickers and whose owners were interviewed are qualified. If the AP`s name is not on the

15


interviewed but her neighbors are included on the list

master list and the structure is not tagged, then the person is not considered affected. If the structure is outside the Project ROW it will not be demolished.

• Concerns on partially affected structures • All property owners, including those of partially affected structures, in the PNR ROW will be relocated as per project policy.

Project Timeline • Concerns on the timeline and issuance of

NoT • The DOTr intends to send the NoT in

March.

• Inquiries on the deadline for the submission of legal documents

• There is no deadline for the submission until the issuance of the OTB which would require submission within thirty days.

• Inquired on the exact clearing date for Apalit

• July 31,2020 is the target date for the constructor to enter the PNR ROW. If the relocation site is not ready, then the rental subsidy will be given. The APs were told to consider only the dates given by the DOTr and reminded them not to transfer until they are told to do so. The Offer to Compensate has yet to be given as well as the 30-day notice prior the actual relocation.

Ownership, Titles, and Other Legal Documents • Requests on getting land titles back and

subdividing of titles by the DOTr • Processing of the titles will take time. The

DOTr will make an agreement with the Registry of Deeds to prioritize those affected by the project.

• Concerns on subdividing lands under the name of the deceased landowner

• The DOTr`s Local Help Desk will assist APs to process Extra Judicial Settlements (EJS).

• Concerns on the pace of transactions for the Certified True Copy (CTC) of titles

• The DOTr will make a request to the Registry if Deeds to prioritize the processing of documents of those affected by the project.

• APs can seek assistance from the DOTr`s Local Help Desk to ensure the efficient preparation of necessary documents.

• Inquiries about having only a Deed of Donation as a proof of ownership

• A Deed of Donation is not a proof of ownership. They need to process it first for them to be the legal owners.

• Concerns about only having a Deed of Sale as proof of ownership

• APs with only the Deed of Sale as proof of ownership must proceed to the Registry of Deeds for the transfer of ownership.

• Concerns about properties loaned through Pag-IBIG housing and yet to be fully paid

• APs should submit all documents showing proof of ownership. The DOTr will assess the value of the property and deduct the remaining payment from their compensation.

• Concerns about properties with owners and previous owners already residing abroad

• A Special Power of Attorney should be secured for APs to process the papers and documents needed.

• Concern on how to provide proof of ownership for the animals and about 40 banana plants which is their source of livelihood

• A PNR waiver has to be secured as one of the requirements to prove ownership since said affected area is under PNR ROW. This is a special case which should be studied for appropriate action/compensation by the Livelihood Team.

Entitlements, Compensation, and Payments

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• Inquiries on the mode of payment and when APs are going to be compensated

• The payment will be in the form of a cheque. There is an assurance that no construction will begin if APs are not fully paid.

• Clarifications about the current market value

• The current market value is generic for a certain locality and it depends on the lot shape, location, improvement etc.

• Clarifications regarding the replacement cost of the structure

• The replacement cost of the structure will be the cost to build a similar structure with based on current market prices of materials (without depreciation) and labor cost. The aim is for APs to build a new structure similar or even better than their previous property.

• Clarifications if the Bureau of Internal Revenue (BIR) determines the current market value

• The current market value will be determined by the Landbank of the Philippines.

• Clarifications if housing entitlements are given to all APs

• Legal structure owners will be paid for their structures based on replacement cost method.

• The DOTr will assist APs in looking for housing options.

• There will be no free housing given for APs.

• Inquiries on why the legal APs are not qualified for socialized housing

• Republic Act (R.A.) No. 7279, the act to provide for a comprehensive and continuing urban development and housing program, states the disqualification of APs who have their own land. Legal APs will be offered economic low-cost housing to which they are eligible.

• Inquiries on possible compensation for affected businesses

• The assessment for the business will be available at the Local Urban Poor Affairs and Housing Office of their city hall.

• Inquiries on possible compensation for dike improvements

• The DOTr will compensate every affected structure based on replacement cost method.

• Inquiries on the compensation for the fishpond (amount per square meters)

• There is an initial assessment conducted but still subject for confirmation by the Landbank of the Philippines.

• Inquiries on possible compensation for ornamental plants and landscaping

• Businesses will be compensated once validated.

• Requested to include compensation for residual trees outside the ROW in Mabalacat

• All privately owned trees to be cleared due to the project are subject to compensation to the confirmed owners. A survey was undertaken to identify and tag all affected trees. Ownership of the affected trees is confirmed through a validation exercise together with affected owners and local authorities.

• Inquiries whether there is a gap in tree compensation policies between BCDA and MCRP Project

• The BCDA is a national government agency which follows national regulations provided under R.A. 10752. The MCRP Project funded by ADB and JICA follows the project policies based on relevant national laws, including R.A. 10752, as well as ADB and JICA safeguard policies. Where there are differences between the policies, agreed gap filling measures that provide the more beneficial outcome for affected persons is

17


applied. The MCRP policy ensures compensation at replacement cost as well as other forms of additional entitlements not set out in national laws..

• SAMANAKA farmers in Mabalacat proposed hollow block making for an alternative means of livelihood since the project area has a lot of sand and cement resources.

• The DOTr will give a priority to business and livelihood projects and arrange a meeting with Mabalacat LGU to plan alternative livelihood project.

• The President of SAMANAKA cooperative requests for a discussion to better understand the LRIP framework and to figure out how APs can avail of LRIP assistance.

• Skills training in carpentry, masonry, and canteen operations will be provided.

• Inquired on the entitlements of renters • Renters could avail of the NHA relocation package and other entitlements from the project. The structure owner will also be compensated.

• Inquired if other children, with their own family, could be included in the relocation program of NHA

• Only those who are on the master list could avail of the relocation package. Additional inclusion is no longer allowed and will not be accommodated.

• Inquired on entitlements of former housing beneficiaries who went back to the site and will again be affected by the Project. The AP`s brother sold his house in the relocation site and went back to the PNR ROW.

• Former NHA beneficiaries are no longer qualified for the housing program. The case could be under the structure owner–returnee category. However, this will be subject to further investigation and will be deliberated by the RIMC (composed of several agencies). The person will also qualify upon the submission of required documents.

• Inquired on the compensation of filling used to elevate the area where the affected house was erected

• Only the structure will be compensated as per current project entitlement policy. It is difficult to show proof of ownership and how much filling was used to elevate the said area. However, the said issue will be elevated to the concerned committee for further verification.

• Inquired on entitlements of people who bought land on the PNR ROW

• The PNR management does not sell any of its property in any form including rental rights. The PNR`s general manager issued a memorandum preventing any individual of selling PNR properties.

APs Occupying Government Lands • Inquiries on cases where PNR issues

“Right to Use” to old employees – allowing them to occupy PNR properties

• The PNR lot cannot be sold or applied for ownership.

• A memo from PNR General Manager was issued, stating that no “Rights to Use” (PNR land) have been issued, only lease contracts. The houses in PNR ROW may have been due to expired lease contracts and these existing structures in PNR ROW cannot be removed except by the PNR.

Source: JDT and GCR.

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C. Status of the Grievance Redress Mechanism

1. Establishment of Central Hotline and Local Help Desks

28. In November 2018, the DOTr established and has operated a full-functioning Central Hotline for the project with mobile numbers and e-mail address, which is managed by the DOTr’s Grievance Redress (GR) officers. Information about the Central Hotline has been announced during IEC meetings and SCMs and has been disseminated to all LGUs and barangays concerned. All queries, issues and concerns of APs have been filed and documented in the central database of the DOTr’s Central GRM Team. 29. The DOTr also completed the establishment of the Local Help Desks at each of the eight LGUs in the Malolos-Clark Section. For the Solis-Blumentritt Section, the DOTr already appointed two local GR officers but plans to establish the Local Help Desk at the Manila LGU office at the end of April 2020. Each municipality or city has a single Local Help Desk. As per the request of the mayor of Municipality of Apalit, Pampanga for the establishment of two barangay-level Local Help Desks, however, the Local Help Desk for the municipality will be located separately in Barangays Sulipan and San Vicente. Table II-7 summarizes the status of the Local Help Desk by LGU and the composition of the Local GRM Team at each Local Help Desk.

Table II-7: Status of the Local Help Desk and the Local GRM Team (as of Mar 2020) LGU Status of Help Desk Composition of Local GRM Team

Date of Establishment

Operation Day

Malolos-Clark Section Malolos City, Bulacan

2 Aug 2019 Every Tue Staff (2) of City Planning and Development Office


6 Aug 2019 Every Tue Staff (2) of Municipal Planning and Development Office


18 Jul 2019 Every Thu LGU Staff of Barangay San Vicente and Barangay Sulipan


26 Jul 2019 Every Wed Staff (2) of Municipal Planning and Development Office


18 Jul 2019 Every Wed Staff (2) of Municipal Disaster Risk Reduction Management Office (MDRRMO)


12 Jul 2019 Every Thu Staff (2) of Local Housing Office

City of Angeles, Pampanga

6 Aug 2019 Every Tue Staff (2) of Local Urban Poor Affairs and Housing Office


3 Jul 2019 Every Wed Staff (2) from the Municipal Planning and Development Office

Solis-Blumentritt Section Manila City, Metro Manila

24 Apr 2020 (expected)

Every other Fri

Staff (2) of City Urban Settlements Office

Note: Apart from the Help Desk by LGU, the Central Hotline was established in November 2018.

Source: DOTr.

2. Establishment of the GRM Team

30. Since November 2018 when the Central Hotline was established, the DOTr has assigned dedicated GR officers for the project whose tasks and responsibilities are focused entirely on the

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GRM. GR officers are assigned to the Local GRM Team at the Local Help Desk of each LGU and/or the Central GRM Team at the MCRP PMO in the DOTr's Office of the Undersecretary for Railways. 31. The Local GRM Team is assigned to a specific city or municipality affected by the project and is composed of trained GR officers who are dedicated DOTr staff of the MCRP PMO or LGU representatives. The Central GRM Team is in charge of grievances channeled through the DOTr's central office via the Central Hotline and is responsible for the receipt, acknowledgement, and registry of grievances as well as eligibility assessment. 32. Central GR officers from the MCRP PMO have been deployed to manage the Local Help Desk of the Malolos-Clark Section. The existing Local Help Desk is stationed in various offices of the eight LGUs and is provided with local GR officers to answer inquiries about project concerns, receive complaints, and provide clarification on the matters related to claims and interests of APs. The list of central GR officers on duty are presented in Table II-8.

Table II-8: Composition of the Central GRM Team (as of Mar 2020) No. Staff Affiliation Main Responsibility 1 Community Development

Officer (CDO) III, NSCR-Ex PMO

GRM RAP Team

Follow up on grievances received from both N2 and SC and communicate with team leads to address pending cases

2 CDO III, NSCR-Ex PMO GRM RAP Team

Follow up on grievances received in N2 Section

3 CDO III, NSCR-Ex PMO GRM RAP Team

Follow up on grievances received in SC Section

4 CDO II, NSCR-Ex PMO GRM GAD Team

Follow up on Gender-Based Violence (GBV) cases

5 CDO II, NSCR-Ex PMO Envi. Team Assisting GRM Team every Thursday and Tuesday 6 CDO III, NSCR-Ex PMO Envi. Team Assisting GRM Team every Thursday and Tuesday 7 Project Development

Officer III, NSCr-Ex PMO (Public Relation)

Comm. Team

Assisting the operation of Help Desks in N2 and consolidation of grievance database

Source: DOTr.

33. As mentioned in Section 4.1, central and local GR officers attended four training sessions pertaining to the GRM as follows.

(i) On 14 and 15 March 2019, the GRM training was undertaken by ADB at Redd Manor Hotel, City of San Fernando for central GR officers in the MCRP PMO and local GR officers. The training covered the GRM`s scope, objective, structure, process, and implementation and monitoring system. During the training, the results of the assessment conducted by ADB on the existing GRM for the RAP were also presented.

(ii) On 4 and 5 April 2019, the Help Desk training was held at ADB headquarter for central and local GR officers. The two-day training dealt with (i) the introduction and levelling of expectations; (ii) understanding on the RAP, RAP survey process, purpose and clients of the Local Help Desk; (iii) legal framework; (iv) JICA and ADB guidelines, ROWSA, the DRAM, and relevant Philippine Laws; (v) the entitlement matrix of the RAP ; (vi) EJS process; (vii) types of EJS cases and corresponding solutions for each case; (viii) how to handle complaint and grievance cases; and (ix) roles for handing cases.

(iii) On 17 June 2019, the GR iteration workshop was held at the DOTr`s main office in Clark City. Along with local GR officers, the MCRP PMO staff in charge of the

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GRM and environment participated in an intensive session to review the GRM process and specific roles of the GRM units or focal points at each level.

(iv) On 17 September 2019, the RAP staff in the MCRP PMO attended the training for DOTr coach-facilitators for building LGU capacities held at Joy Nostalg Hotel and Suites, Mandaluyong City. The training was designed to improve the knowledge, attitude, and skills of the DOTr`s central GR officers and provide mentoring for local GR officers on stakeholder communication and grievance redress.

3. Grievances Recorded

34. From the establishment of the GRM through March 2020, a total of 242 grievances or inquiries were received from the eight cities or municipalities in the Malolos-Clark Section and the City of Manila covering the Solis-Blumentritt Section, all of the grievances or inquiries were already marked as resolved as of now. In specific, 241 grievances or inquiries were RAP-related and one environment-related cases. The detailed status of received cases per LGU is illustrated in Table II-9, and the received grievances or inquiries are further classified by common issues as shown in Table II-10.

Table II-9: Status of Grievances (as of Mar 2020) LGU Received Grievances Resolved Grievances Unresolved

Grievances

RA

P-

Rela

ted

En

vir

on

men

t-R

ela

ted

Oth

ers

RA

P-

Rela

ted

En

vir

on

men

t-R

ela

ted

Oth

ers

RA

P-

Rela

ted

En

vir

on

men

t-R

ela

ted

Oth

ers

Malolos-Clark Section Malolos City, Bulacan

9 0 0 9 0 0 0 0 0


60 0 0 60 0 0 0 0 0


9 1 0 9 1 0 0 0 0


0 0 0 0 0 0 0 0 0


0 0 0 0 0 0 0 0 0


84 0 0 84 0 0 0 0 0

City of Angeles, Pampanga

31 0 0 31 0 0 0 0 0


0 0 0 0 0 0 0 0 0

Other (Municipality of Capas, Tarlac)

1 0 0 1 0 0 0 0 0

Sub-total 194 1 0 194 1 0 0 0 0 Solis-Blumentritt Section Manila City, Metro Manila

47 0 0 47 0 0 0 0 0

Sub-total 47 0 0 47 0 0 0 0 0 Total 241 1 0 241 1 0 0 0 0

Source: Analysis of GCR RAP Team based on the DOTr`s GRM database.

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Table II-10: Type of Received Grievances Type of Grievances No. of Grievances

Ownership validation 44

Request for technical outputs 35

Resettlement and relocation concerns 18

Inquiry on tax declaration 2

RAP compensation 56

Technical concerns 3

Inquiry on the timeline 17

Demolition-related concerns 3

Legal consultation 34

Inquiry on the operation of the Local Help Desk 19

Request for realignment 1

Request for a meeting 6

Additional claimants for the RAP 1 Other inquiries 3

Total 242 Source: Analysis of GCR RAP Team based on the DOTr`s GRM database: March 2020.

4. Resources Devoted to the GRM

35. LGUs have yet to allocate dedicated operational funds for the GRM but have committed to provide office space for the Local Help Desk, office furniture and supplies, printing and photocopying services, and internet service, if available. When funds are made available, they will be allocated by means of a MOA with the DOTr through the RIMC. The DOTr`s central GR officers are provided with a new laptop by the MCRP PMO. The GRM Team utilizes IEC materials provided by ADB including project information brochures and posters. For the Solis-Blumentritt Section, on the other hand, the DOTr has tapped SHFC for its support in the reproduction of IEC materials prior to the opening of the Local Help Desk. 36. The DOTr has laid the foundation for the operation of the GRM through the establishment of the Central Hotline, the Local Help Desk, and the GRM central database as well as the assignment of dedicated GR officers. To address grievances and inquiries from APs in an efficient and effective manner, the DOTr plans to deploy more central GR officers assigned to each Local Help Desk and provide capacity building opportunities especially to local GR officers to help them respond to inquiries and concerns from APs on their own even without the central GR officials` feedback and assistance. For the same purpose, the DOTr will also double its efforts to secure required assistance from each LGU through close bilateral consultations.

D. Status of Institutional Arrangements for Land Acquisition and Resettlement

1. MCRP Project Management Office

37. As of March 2020, the DOTr`s MCRP PMO has filled a total of 68 positions including 22 positions specifically for the RAP implementation and has planned to keep recruiting new staff. The current 22 staff dedicated for the RAP implementation are tasked with land acquisition, resettlement, livelihood, or the GRM. Table II-11 shows the MCRP PMO`s workforce status.

Table II-11: Personnel Status of the MCRP Project Management Office No. Position No. of Staff

1 Management 2

22

No. Position No. of Staff

2 Administration and Support 3 3 Public Relations 1 4 Civil Works 6 5 Environment 6 6 Operations and Maintenance (O&M) 4 7 Procurement 6 8 RAP 22 9 Rolling Stock 9 10 Stations 4 11 Utilities 4 12 Legal Affairs 1

Total 68 Source: DOTr.

38. As part of capacity building of the current RAP staff, seven training sessions has been organized in addition to three orientation sessions for new recruits as follows:

(i) On 14 and 15 March 2019, the GRM training was undertaken by ADB at Redd Manor Hotel, City of San Fernando for central grievance redress (GR) officers in the MCRP PMO and local GR officers. The training covered the GRM`s scope, objective, structure, process, and implementation and monitoring system.

(ii) On 17 June 2019, the GR iteration workshop was held at the DOTr`s main office in Clark City. Along with local GR officers, the MCRP PMO staff in charge of the GRM and environment participated in an intensive session to review the GRM process and specific roles of the GRM units or focal points at each level.

(iii) On 17 July 2019, the workshop on ADB Safeguard Policy Statement (SPS) was held at ADB headquarters to improve their understanding on ADB guidelines on involuntary resettlement and ensure the compliance in the course of project implementation.

(iv) On 17 September 2019, the RAP staff in the MCRP PMO attended the training for DOTr coach-facilitators for building LGU capacities held at Joy Nostalg Hotel and Suites, Mandaluyong City. The training was designed to improve the knowledge, attitude, and skills of the DOTr`s central GR officers and provide mentoring for local GR officers on stakeholder communication and grievance redress.

(v) On 22 November 2019, the workshop on the harmonization of the RAP implementation schedule was organized by the GCR at Brentwood Suites, Quezon City. During the workshop, the MCRP PMO staff in charge of the RAP, environment, and utilities drew up a harmonized work plan for the project in collaboration with GCR counterparts. Also, participants had an opportunity to enhance their understanding on the DOTr`s disbursement procedures and requirements and identify measures to accelerate the implementation of activities required prior to RAP approval by ADB and JICA.

(vi) On 7 and 20 February 2020, the ROWSA training seminar for the RAP staff was conducted at Arca North DOTr Office, Valenzuela City. The seminar covered the following topics: (i) land acquisition strategies, (ii) steps for the preparation of the EJS, (iii) acquisition of multi-storied building, (iv) lessons learned from the NSCR project pertaining to the NoT issuance and the operation of the Local Help Desk, (v) LRIP arrangement and process, and (vii) case studies.

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2. Partner Institutions

39. Project Inter-Agency Committee. In order to form project-wide partnerships with institutions at the national level, the DOTr and the PNR has prepared the establishment of the Project Inter-Agency Committee (PIAC), which is responsible for overall coordination and policy direction for the project. To this end, a joint memorandum circular has been prepared for signatures of involved agencies for this project, and DHSUD has been coordinating with other NGAs to finalize the circular for the PIAC establishment. 40. Even though the circular has yet to be signed, PIAC was de facto established on 12 December 2018, and PIAC meetings have since been held three times as below:

(i) On 12 December 2018, the first PIAC meeting was held at the DOTr`s MRT 3 Depot Office, Quezon City and was attended by the DOTr, PNR, JDT, DOLE, the Department of Agriculture (DA), DTI, the DSWD, the Bureau of Internal Revenue (BIR), the National Anti-Poverty Commission (NAPC), the Housing and Urban Development Coordinating Council (HUDCC, currently DHSUD), and the Department of Agrarian Reform (DAR). During the meeting, representatives from participating agencies discussed (i) the objective of the meeting, (ii) project timeline and RAP activities, (iii) affected households and resettlement, (iv) project entitlements, and (v) RAP implementation arrangements.

(ii) On 26 February 2019, the second PIAC meeting was held at the DOTr`s MRT 3 Depot Office, Quezon City and attended by the DOTr, PNR, HUDCC (currently DHSUD), DAR, DA, DTI, DOLE, DSWD, the Department of Environment and Natural Resources (DENR), the Department of the Interior and Local Government (DILG), the Department of Budget and Management (DBM). Main agenda for the meeting was (i) roles and responsibilities of PIAC member agencies and the Technical Working Group (TWG), (ii) the draft joint memorandum circular on the PIAC creation, (iii) presentation of the project`s entitlement matrix, and (iv) PIAC resolution for the TWG creation.

(iii) On 26 September 2019, the third PIAC meeting was held at the DOTr`s MRT 3 Depot Office, Quezon City and attended by the DOTr, PNR, HUDCC (currently DHSUD), NHA, SHFC, DOLE, DTI, DSWD, and the Department of Health (DOH). Through the meeting, participating agencies finalized the joint memorandum circular for the PIAC creation and decided on the composition of the TWG under PIAC.

41. According to the finalized joint memorandum circular, PIAC is composed of 12 member agencies presented in Table II-12.

Table II-12: Composition and Member Agencies of the Project Inter-Agency Committee Position Member Agency

Chair (1) DOTr Co-chair/Secretariat (1) DHSUD (formerly HUDCC) Member (10) PNR

NHA SHFC DILG DTI DOLE DSWD Department of Education (DepEd) DOH