Volume 12 NATIONAL ROAD IMPROVEMENT AND … · project management office for ibrd,7 i national road improvement and management project -phase i (nrimp-i) detailed engineering design

RP24Volume 12

REPUBUC OF THE PHIUPPINESDEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

PROJECT MANAGEMENT OFFICE FOR IBRD

,7 I

NATIONAL ROAD IMPROVEMENT AND MANAGEMENTPROJECT - PHASE I (NRIMP-I)

DETAILED ENGINEERING DESIGN AND PREPARATION OF BIDDING DOCUMIENTSFOR 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 COPYI KATAHIRA & ENGINEERS INTERNATIONAL

in association with

lialcrow HALCROW GROUP LIMITED TECHNIKS GROUP CORPORATION

DCCD ENGINEERING CORPORATION MULTI-INFRA KONSULT, INC.

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

TABLE OF CONTENTS

List of AppendicesList of TablesList of FiguresAcronyms and Abbreviations

Executive SummaryPage

1 PROJECT DESCRIPTION . .................. . 1-11.1 Location and Condition of the Existing Roadway . 1-11.2 Realignment Sections and Construction Limits . 1-I1.3 The Mount Kanla-on National Park . 1-1

2 RATIONALE AND OBJECTIVES ... 2-12.1 The DPWH LARR Policy .. 2-12.2 Basic Principle of the RAP . . 2-2

2.2.1 Locational Planning and Design2.2.2 Cut-Off Date for Census2.2.3 Compensation Scheme2.2.4 Modes of Compensation2.2.5 Rejection of Government Offer2.2.6 Formation of Rap Implementation Committee2.2.7 Grievance Procedures

3 METHODOLOGY. .. . ... ...... 3-13.1 Orientation of Regional and District Engineering Offices (DEOs) . 3-13.2 Preliminary Site Investigation . 3-23.3 Consultation Meeting with LGUs . 3-23.4 Training of Enumerators for the DEOs . 3-33.5 Barangay Level Public Consultation Meetings . 3-43.6 Tagging of Project Affected Structures and Taking of Photographs . 3-53.7 Census and Socioeconomic Survey . 3-63.8 Data processing and Analysis . 3-6

4 PROCEEDINGS OF PUBLIC CONSULTATION MEETINGS ........ ... . 4-14.1 Project Stakeholders .4-34.2 The Project Team. 444.3 Mechanisms for Stakeholder Participation .4-4

5 RESETTLEMENT ACTION PLAN . . ... ..... . 5-15.1 Characterization of Geo-Political Units .5-1

5.1.1 La Castellana, The Host Municipality

Demographic CharacteristicsSocioeconomic CharacteristicsDevelopment Concerns of the Municipality

5.1.2 MCNP5 and Robles: The Host Sub-Municipalities5.2 Socioecnomic Profile of PAPs ................................................... 5-6

5.2.1 Demography and Basic InformationHousehold SizeEducational AttainmentResidence History

5.2.2 Socioeconomic CharacteristicsPrimary OccupationHousehold IncomeSources of IncomeHousehold ExpendituresAvailability of Basic Social Services

5.2.3 Project Awareness5.3 Impact Identification .................................................... 5-18

5.3.1 Impact on the MKNPCutting of Prime Forest TreesIncreased Accessibility to the Park

5.3.2 Impact on Land5.3.3 Impact on Improvements

StructuresCrops and Trees

5.3.4 Impact on Income5.3.5 Impact on Public Structures

5.4 Compensation and Entitlements ....................................... 5-245.5 Relocation Sites at La Castellana ................................................... 5-425.6 Rap Implementation ................................................... 5-43

5.6.1 Approval of the RAP5.6.2 Rap Implementation Activities

MOU between DPWH and LGUFormation and Training of the RICEstablishment of Detailed Compensation ratesConduct of Public Information CampaignFinalization pf Compensation and Other Entitlements of PAPsPublic MeetingPayment of Compensation and Other EntitlementsImplementation 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 ConsultativeMeeting 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 byBarangay

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 theSPAPs

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 & DisposableAO Administrative OrderBIR Bureau of Internal RevenueCCMP Brgys. Camandag, Cabacungan, Mahagnoy, and PusoCLUP Comprehensive Land UJse PlanDENR Department of Environment and Natural ResourcesDEOs District Engineering OfficesDPWH Department of Public Works and HighwaysDPWH-EIAPO Department of Public Works and Highways-Environmental Impact

Assessment Project OfficeEDT Engineering Design TeamEO Executive OrderIBRD International Bank for Rural DevelopmentILA Independent Land AppraiserLARR Land Acquisition, Resettlement, and RehabilitationLGUs Local Government UnitsMCNP5 Upland barangays located inside the MKNP namely, Masulog, Biak

na Bato, Cabagna-an, Mansalanao, and Sag-angMKNP Mount Kanla-on National ParkMPAPs Marginally Project Affected PersonsMPDO Municipal Planning and Development OfficerNATALA Brgys. Nato, Talaptap, and LalagsanNIPAS National Integrated Protected Areas SystemNRIMP National Road Improvement and Management PlanPAFs Project Affected FamiliesPAMB Protected Area Management BoardPAPs Project Affected PersonsPASu Protected Area SuperintendentPCMs Public Consultation MeetingsRAP Resettlement Action PlanRIC RAP Implementation CommitteeRO Regional OfficeROW Right-Of-WaySPAPs Severely Project Affected Persons

EXECUTIVE SUMMARY

Project Description

The La Castellana-Canlaon City road section has a total length of 23.52 kilometers. Itstarts at around 100 meters from the Junction of the La Castellana-La Carlota road inBarangay Robles (Sta. 65+610.064), Municipality of La Castellana and ends at the approachof 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 areBarangays Robles, Sag-ang, Camandag, Mansalanao, Cabagna-an, Biak-na-Bato, andMasulog.

There are four (4) proposed realignment sections for the La Castellana-Canlaon City roadsection. Each of these includes one (1) bridge. These realignment sections include theTaborda 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. Thereare six (6) existing bridge structures being proposed for reconstruction and two (2) newbridges to replace existing culverts. In addition, a total of 13 box culverts and variousdrainage 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 governthe implementation of road projects under the World Bank-assisted First National RoadsImprovement and Management Program (NRIMP). Aside from effectively managing,financing, and completing the national road network into an all-weather standard, theProgram'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 ormitigated;

(ii) That everybody, particularly the Project Affected Persons (PAPs) will benefitfrom the Project;

(iii) PAPs are provided with sufficient compensation and assistance for lost assetswhich will assist them to improve or at least maintain their pre-projectstandard of living; and

(iv) Project stakeholders (which include PAPs) are consulted regarding theProject's design, implementation, and operation.

Methodology

The procedures undertaken in preparing the RAP are in agreement with the ResettlementPolicy. 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 January2001. During each PCM, a brief description of the project, followed by the basic principlesof 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 underthe World Bank-assisted National Roads Improvement and ManagementProgram (NRIMP)

(x) The Resettlement Policy is initially applicable only to road projects under theNRIMP

(xi) The RAP would include.the identification of adverse environmental and socialimpacts and the recommendation of corresponding mitigating, the census andsocio-economic survey of PAPs, and the determination of compensation andentitlements to the PAPs.

(xii) The identification of project-affected structures was still preliminary until thedetailed 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, afterwhich any additional or new construction will not be entitled to anycompensation;

(xv) Structures with stickers bearing the tag number and the letter "S" refer tostructures 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 isreceived whether the project will be immediately implemented or not;

(xviii) Compensation for land would be based on the fair market value set by anIndependent Land Appraiser (ILA);

(xix) For fixed assets, compensation would be based on replacement cost;

(xx) That a RAP Implementation Committee (RIC) will be formed, withrepresentation 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 ofsacrifices on their part;

(ii) That compensation be based on the actual dimension and type of materialsthat the structures are made of, instead of a flat rate;

(iii) The seven (7) days given to the PAPs to vacate their properties after fullpayment is not sufficient for building a new house, particularly for semiconcrete to concrete structures

(iv) If the houses within the MKNP will also be compensated even if they don'town 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 thePark;

(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 primarycrop, 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 isshown 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 totalhousehold 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 theslash 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 ofurbanization, and location within the MKNP. These are the (i) "NATALA", which standsfor the barangays of Nato, Talaptap, and Lalagsan; (ii) "CCMP", consisting of Camandag,Cabacungan, Mangbanoy, and Puso; (iii) "MCNP5", which includes the upland barangaysthat 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 regardedas the service center of Brgys. Sag-ang, Camandag, Nato, Lalagsan, Talaptap, andMansalanao. Brgy. Cabacungan is the secondary growth center of the Municipality. It isenvisioned as the service center of Brgys. Manghanoy, Puso, Biak-na-Bato, Masulog, andCabagna-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 thelandowner's total lot area.

In terms of improvements, there are a total of 150 severely affected families and 11 publicinfrastructure facilities (waiting sheds, barangay hall, and water pipes). There are 144persons and families and two (2) public infrastructure facilities (waiting shed and schoolfence) that will be marginally affected. For ease of discussion, PAPs who will be severelyaffected will be referred to in this report as SPAPs; those who will just be marginallyaffected, MPAPs

The PAPs have an average household size of 1 to 4. Majority of the respondent PAPs did notfinish elementary education. More than 70% of the interviewed SPAPs fall below the annualpoverty threshold for Region 6. Other indicators of standard of living such as availability ofwater 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 interviwedare aware of the proposed Project. Their main source of information was from the DPWHDEO and the Project Team during the PCMs conducted.

Compensation and Entitlements

The following table shows a summary of the compensation and entitlement costs for theSPAPs and MPAPs.

v

Summary Table Showing Total Compensation and Entitlement Cost

Barangay No. of Improvement No, of Improvement Land Refo Program, TOTAL COSTSPAPs Cost (Structures, MPAPs Cost Acquisition Replacement of

Trees, Income) (Structures, Cost Public Infra, andTrees, 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& SubsistenceAllowances

Transport. 30,000.00 30,000.00Allowance

Extemal $2,000.00Monitoring

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 thepopulation growth in the barangays located within the MKNP. This is aimed toreduce 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 aspresented in its, Comprehensive Land Use Plan. These are the referred to as the UrbanExpansion Areas at Brgys. Robles and Cabacungan, both of which are located outside theMKNP. However, before this plan materializes, the conversion of these lands fromagricultural to residential/built-up areas would require the approval of the Department of

Agrarian Reform (DAR). The conversion process normally takes time, and may causeunnecessary 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 EngineeringDistrict that there are other relocation sites, aside from those at Brgys. Cabacungan andRobles, which are readily available to the SPAPs who would be displaced. In fact, these canbe 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 bedeveloped by the Municipality, and that water supply and electricity will be made availableto the relocating PAFs. In fact, Barangay Resolutions from all affected barangayscommitting the provision of relocation sites, including electrification and development ofwater system in the said sites, were passed by each concerned Barangay Council (Pleaserefer to Appendix E3 for a copy of the said Barangay Resolutions). These relocation sitesare located at the center of these barangays, and so are readily accessible to the relocatingPAFs. As such, no relocation cost is deemed necessary since the PAFs will be accorded theproper compensation for the structures, aside from the materials that can be salvaged fromtheir existing structures, plus transportation assistance if necessary, that will enable them torebuild their houses at the relocation site (Please see Appendix E4 Photographs of therelocation sites).

RAP Implementation

RAP Implementation is expected to be between May to December 2002. The budget forRAP 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 ataround 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 thefoot 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 atthe approach of the Masulog Bridge (-Sta. 89+138), which marks the administrative and politicalboundary between La Castellanai Negros Occidental and Canlaon City, Negros Oriental (Pleasesee Fig. 1.1).

The existing roadway is predominantly surfaced with gravel, which is in fair to bad condition. Itswidth varies from 5 m to 9 m, and has no shoulders nor side ditches on both sides. A stretch ofPCC pavement in good condition can be observed towards the project end, which is around 100 mfrom the first approach of the Masulog Bridge.

There are six (6) existing bridge structures being proposed for reconstruction and two (2) newbridges to replace existing culverts. In addition, a total of 13 box culverts and various drainagefacilities 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 thanthe 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 therailroads. These-railroads or rail tracks are used for transporting harvested sugarcane to thehauling areas--prior to milling. Results of hydraulic studies strongly indicate the need to raise theexisting Tab a Bnidge by as much as three (3) meters. This would entail a corresponding raisein the alignm6fitirin the form of an embankment. However, putting an embankment would burythe 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 SECTiOA". STA.T B9R57.5WXE K^TRA*tEeRs TW^TL ; ~~CONRACT ¢ PACAG CWR-.

Hokrao wunD @ T E G CoWMLAYOU ' MAOCCIDMTl) LAYOUT PUN. LAYWr.MAPO~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 thealignment 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 thesepredicaments.

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 ofhouseholds from being displaced had the existing roadway been followed. No humansettlements will be affected by the new alignment since it would pass through a sugarcaneplantation.

The alignment going to Calapnagan Bridge in Brgy. Cabagnaan can be described as ahairpin-type of curve, with a radius of 10 only. To conform to the IBRD standards, thisportion 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 thealignment would be for an average of 20 meters from the centerline of the existing bridgetowards the south. At the Induruyan Bridge site, realignment would be from Sta. 67+000 toSta. 67+360, or a total of 360 meters. The centerline would be shifted at an average of 30 m tothe 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 sectionis located within the Mount Kanla-on National Park (MKNP). The MKNP is a proclaimedNational Park by virtue of Proclamation No. 721 in 08 August 1934, and eventually becameone 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 CarlosCity, and Canla-on of Negros Oriental (Please see Fig. 1.2). There are 14 barangays situatedwithin the Park. Based on the CLUP of La Castellana, these barangays have a total populationof 56,433, and that the most populated settlements are found in La Castellana and Canla-onCity.

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;Owat 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, PCffi" 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 LaCastellana to achieve, rather than a definition of what it really is. For example, municipalrecords show that of the Park's total land area, only 8,697 are estimated to be still covered byforest. Forty one percent or 1,328 hectares are reportedly degraded or encroached upon bysettlers 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 approximately487 hectares are being utilized as built-up areas. Some of the major problems afflicting thePark, 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 activitiesinside the Park.

The Municipal Officials of La Castellana considers this a major concern, so with the help ofthe DENR and the provincial government of Negros Occidental, various programs are beingplanned to address these problems. One of this is its shelter program, which would providesocialized housing projects to its constituents. One of the target beneficiaries are those to bedisplaced fromrhe danger zone of the MKNP. On top priority are the underprivileged, orthose whose incomes are below the poverty threshold level. Please refer to Section 55 for amore 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 Environmentaland Social Concerns

The DPWH submitted to the Resource Management Committee (RMC) of the MKNPProtected Area Management Board (PAMB) a Commitment Paper, which states theDepartment's pledge to implement the following mitigating measures:

(i) Three (3) monitoring stations (guardhouses) will be set up. These will bestrategically 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 thePark;

(ii) To reduce displacement of families, some of the PAFs will just be allowed tomove 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) monthsprior to the start of the Project. The MKNP Protected Area Superintendent(PASu) shall be a member of the MMT, and may possibly lead the Teaminside the Park;

(vi) The DPWH will see to it that all excess materials/spoils will be disposedproperly and outside the Park. It is important to note that minimal spoils areexpected 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 noquarrying inside the Park;

(viii) There shall be no operations during nighttime. Construction works within thePark 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 themof the responsibilities related to environmental protection and social concernsof the Project, in particular the application of the conditions set in the ECC andthe Commitment Paper;

(x) Monthly progress reports by the Contractors, describing their activities insidethe 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 andLGUs regarding various activities inside the Park such as, cutting of trees,displacement of families, tree planting, and other pertinent activities.

1-7


CHAPTER 2 RATIONAL AND OBJECTIVES

2.1 The DPWH LARR Policy

The DPWH Land Acquisition, Resettlement, and Rehabilitation (LARR) Policy or simplycalled the Resettlement Policy was formulated to provide the guidelines that will governthe implementation of road projects under the National Roads Improvement andManagement Program (NRIMP). Aside from effectively managing, financing, andcompleting the national road network into an all-weather standard, the Program's mainthrust is to ensure that pre-operating sustainable conditions are maintained. This simplymeans that the Department must take into full consideration the environmental and socialconcerns associated with infrastructure development. Specifically these concernsinclude: (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 aremet from the pre-feasibility up to the implementation stage of NRIMP projects:

(i) Adverse social and physical impacts are avoided, minimized, and ormitigated;

(ii) Everybody, including Project Affected Persons will benefit from theProject;

(iii) PAPs are provided with sufficient compensation and assistance for lostassets 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 theproject's design, implementation, and operation.

The Resettlement Policy defines any person, or persons, household, a firm, or a private orpublic institution that will be adversely affected, whether temporarily or permanently bythe project, as Project Affected Persons (PAPs). Project Affected Families (PAFs), onthe other hand pertains to PAPs residing under one roof and operating as a singleeconomic unit. The Policy also renders a deeper meaning to "Resettlement" to mean "allmeasures 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 projectsundertaken by the DPWH under the NRIMP.

2-1


2.2 Basic Principles of the RAP

The following guidelines, as prescribed in the Resettlement Policy, served as the basicprinciples behind the preparation of this RAP.

2.2.1 Locational Planning and Design

Without sacrificing the integrity of engineering designs, acquisition of land and otherassets and displacement of people was minimized by developing highway designs thatwill avoid extensive damages to human settlements. One example of these is the use ofstone masonry retaining walls at thickly populated flat sections. That is, instead ofutilizing standard designs for flat areas that would entail a construction limit of about17.7 meters (6.7 m traveled way, 2 x 1.5 meters shoulders, 2 x 3 meters embankmentslope, and an allowance of 2 x 1 meter each direction), the Highway Designer came upwith 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 forflat, 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

FLATSECTIONTYPE - i A 1.W

Fig. 2.1 Typical design for flat sections

2-2


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 COURSEITEM 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 notbe 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


Severely affected lands are those wherein the land take would be greater than 20% of thetotal land area. If the R-O-W requirement was less than 20%, but the remaining landwould 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 therequired R-O-W would still be economically viable, then the effect is referred to asmarginal. In the same manner, if an entire structure or fixed asset will be damaged oreven if it's not the entirety but the remaining structure becomes not viable for continueduse, the impact is also considered severe. On the other hand, structures that would beaffected but with remaining portion still viable for continued use are consideredmarginally affected.

PAPs with severely affected land and fixed assets are entitled to full compensation incash for the entire property. For marginal cases, compensation would be determined bythe amount equivalent to the partial loss of assets, be it in form of land or structures. Thiswould also be paid in cash.

Details on the schedule of payment for severely and marginally affected land and fixedassets, presented in form of a compensation matrix is provided in this report as AppendixA.

2.2.4 Modes of Compensation

In accordance with the LARR Policy, the modes of compensation for severely andmarginally 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 withNO deductions for salvaged materials;

(ii) Compensation based on replacement cost (e.g., cost of houses and otherrelated structures based on current market prices of materials and labor ifthe same were reconstructed) for the loss of fixed assets;

(iii) "Land for land" type of compensation, wherein the replacement of theaffected land would be by another land of equivalent productive value at alocation acceptable to the PAP. If land is not available, cash representingthe value of the land would be paid to the PAP;

(iv) Disturbance compensation to lessees of agricultural land affected by theProject, which is equivalent to five (5) times the average gross harvestduring the last five (5) years.

24


Other forms of resettlement assistance to be provided by the DPWH to eligible PAPs arealso found in Appendix A.

2.2.5 Rejection of Government Offer

In the event the PAP rejects the compensation package offered by the DPWH, theDepartment can initiate expropriation proceedings in accordance with AdministrativeOrder No. 50 (A. 0. 50). While the case is being tried in court, DPWH can proceed withthe construction works, provided that a deposit equivalent to the whole amount beingoffered by the DPWH for the value of land, and 100% of the value of structures isdeposited in an escrow.

Other details on the compensation scheme to be adopted, such as additional resettlementassistance 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 ofthe Project is necessary. A RAP Implementation Committee will be set up during theproject implementation stage. For this Project, the Negros Occidental 2nd DistrictEngineering Office will be the principal and regular representative of the DPWH in theRIC to be formed. Close coordination between the RIC, Region 6, and the DPWHCentral 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 affectedby the Project;

(vi) Assist in implementing the RAP;

(vii) Assist in public information campaign, public participation andconsultation;

(viii) Assist the DEO in the payment of compensation to PAPs;

(ix) Receive complains and grievances from PAPs and other stakeholders andact on them accordingly;

(x) Maintain record of all public meetings, complaints, and actions taken toaddress complaints and grievances;

2-5


(xi) Assist in the enforcement of laws/ordinances regarding encroachment into*the project road corridor, in coordination with concerned governmentauthorities

2.2.7 Grievance Procedures

If there will be grievances arising from any aspect of the Project, these will be handledthrough negotiations following the succeeding procedures:

(i) PAPs may file their grievances to the RIC, who in turn must properlydocument the complaint and act on it within 15 days upon receipt of thesaid complaint (this does not include those cases wherein the grievancepertains to the valuation of affected assets, since such cases should bedecided upon by proper courts);

(ii) If no understanding or amicable solution is reached, or if the PAP do notreceive a response from the RIC within 15 days of registry, theComplainant can appeal to the Office of the DPWH Regional Directorwhich should act on the complaint/grievance within 15 days from the dayof its filing;

(iii) If the PAP is not satisfied with the Office of the DPWH Regional DirectorOffice'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 tothe 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 3 rd District Engineering Office, and Region VI.

Engr. Olive Baguio of the DPWH-EIAPO, and Participants to the Orientation Meeting at theEngr. Claro Cesario Moscoso, Chief of the DPWH Region 6 Conference RoomPlanning & 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


3.2 Preliminary Site Investigation

Preliminary site investigation along the La Castellana-Canlaon City Road Section wasconducted on 13 December 2000. The Consultant made several stops at sections thatwere deemed too constricted. It was noted that the existing traveled way measured anaverage 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 identifythe 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 Consultantwrote a letter to the Mayor of La Castellana, Mr. Enrico R. Elumba, requesting theattendance of concerned barangay captains at the Municipal Hall in 09 January 2001. In08 January 2001, the Consultant briefed Mayor Elumba on the purpose and objectives ofthe meeting scheduled with his constituent barangay officials.

In 09 January 2001 the consultation meeting took place at the Office of Mayor Elumba at9:00 a. m. Except for Brgy. Camandag, all the Barangay Captains of concernedbarangays---Robles, Camandag, Mansalanao, Cabagna-an, Biak-na-Bato, and Masulogattended the consultation meeting. The Municipal Engineer, Assessor, and representativeof the Municipal Planning and Development Officer (MPDO) of La Castellana upon therequest 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, Municipalna-Bato, Masulog, and Cabagna-an Assessor, Engr. Maglaque, Municipal Engineer,

and the members of the Project Team checkingboundaries of land on the Cadastral Map of LaCastellana

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 indealing 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. Secondfrom 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


PCM at Brgy. Cabagna-anPCM at Brgy. Biak-na-Bato

During the Open Forum, the participants were encouraged to ask questions about theRAP, express their apprehensions and concerns regarding the proposed Project, and raiseother relevant issues. All the PCMs were properly documented by means of attendancesheets, photographs, and cassette tape recordings of each open forum (A copy of theAttendance Sheets and Proceedings of the PCMs are found in Appendix B).

In terms of venue, PCMs were held at barangay halls, elementary schools/day carecenters, and even along the roadway. Details on the results of the PCMs are presented inthe 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 thePAPs are well informed of the purpose of the stickers. The Tag Team was headed by anauthorized representative of the Engineering Design Team (EDT). He was assisted byone of the trained DEO staff. It is important to note at this point that the engineeringplans that would specify the final construction limit were not yet available when taggingwas undertaken. Such being the case, the Consultant decided to take the maximumnumber of PAPs that would probably be affected, by following the preliminaryconstruction limits that were assigned by the EDT.

Tagging of affected structures and improvements commenced in 09 Jan 2001 andcompleted in 18 Jan 2001. Tagging of public infrastructure facilities was undertaken in26 Jan 2001. Tagging was followed by the taking of photographs of the PAPs. ThePCMs were very effective as indicated by the eagerness of the PAPs to have theirphotographs taken, complete with the tag board, which they carried willingly.

3-5


SPAP at Brgy. Cabagna-an SPAP, also at Brgy. Cabagna-an. This showsa 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 surveyinstrument consists of seven (7) pages. Said instrument was pre-coded to facilitateinputting and processing of information in the computer.

In accordance with the LARR Policy, census, covering general information on all thePAPs such as demographic data and properties affected was undertaken, andsocioeconomic surveys were limited to only those who will be severely affected. Tocover 100% census regardless of the severity of impact, the first three (3) pages of theinstrument was designed to include basic data on the PAPs. For marginally affectedpersons/families, only these first three (3) pages were used to obtain the necessaryinformation. For the severely affected, the entire seven (7) pages of the instrument wereadministered. Census and socioeconomic survey of PAPs was started in 10 January2001 and completed in 07 February 2001. Accomplished instruments were checked forcompleteness on a daily basis. Forms with missing data were revalidated at the field forcorrection. 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 forWindows.

3-6


CHAPTER 4. PROCEEDINGS OF PUBLIC CONSULTATIONMEETINGS

The LARR Policy explicitly stated the importance of conducting a "thorough barangaymeeting to orient and ensure the that the community understands the nature and extent ofthe proposed project". It further stressed that project awareness will facilitate the datagathering process and ensure the quality of data that would be provided by the community tothe project team.

During the conduct of barangay-level PCMs, all the Barangay Officials who attended theorientation 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 takeplace. As observed, the PAPs were at ease, trusting, and eager to listen. Even when theywere informed that the implementation of the Project would entail displacement, theymaintained an open mind by responding that "sacrifices must at times be made for the benefitof more people".

Majority of the PAPs expressed strong support to the Project. Some became emotionalbecause according to them, they have been waiting for a very long time for the improvementof this road section. En elderly woman even exclaimed that the long wait has turned her hairto gray. However, some conveyed their apprehension regarding the manner and basis ofpayment to their properties. In return for the "sacrifice", their only request is that they beaccorded prompt and just compensation. When the basic principles of the LARR Policyand the objectives of the RAP were explained to them, their acceptance of the Project seemedto 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 smallerunit 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 ResettlementPolicy was presented during each PCM. In summary these are:

(i) The La Castellana-Canlaon City Road is under the World Bank-assistedNational Roads Improvement and Management Program (NRIMP) and as suchrequires a Resettlement Action Plan (RAP) as a condition prior toimplementation;

(ii) The Resettlement Policy is initially applicable only to road projects under theNRIMP and that the stakeholders must not expect the same guidelines,particularly in terms of compensation, to be applied to other projects of theDPWH;

(iii) The RAP would include three main areas of concern namely, the identificationof adverse environmental and social impacts as well as the recommendation ofmitigating 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 thedetailed engineering design for the road section was still on-going; and that thetagging and census would be maximized to include all possible PAPs; It wasexplained to them that the number of affected structures may still decrease oncethe detailed design is completed, and this would be related to them through the2nd 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 bothdirections. However the width may vary depending on the natural configurationof 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 arenarrower by about five (5) meters.

(vii) There would be a Cut-Off Date for identifying affected structures, after whichany additional or new construction will not be entitled to any compensation.

4-2


The cut-off date was set to be the last day of the conduct of socio-economicsurvey.

(viii) Structures with stickers bearing the tag number and the letter "S" refer tostructures 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 theirproperties seven (7) days after full payment is received whether the project willbe 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 uponrequest 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., priceof labor and materials if the structure were to be reconstructed), withoutdeductions for salvaged materials;

(xii) Payment procedure to PAPs would be very transparent, since they would beasked to sign documentation papers with the signature of the concernedBarangay Captain affixed on it;

(xiii) That a RAP Implementation Committee (RIC), consisting of representativesfrom the DPWH, Municipal and Barangay Officials, and the host communities,will be formed, giving the PAPs a chance to actively participate in theimplementation 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 uponaccordingly 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 (projectimplementer); (ii) local government officials of La Castellana and the seven (7) project

4-3


affected barangays; (iii) officers and members of the Mt. Kanlaon National Park ProtectedAreas Management Board (MKNP-PAMB); (iv) local residents of project-effectedbarangays; and (v) landowners of realignment sections at Barangay Robles.

Representatives from all these groups participated in the PCMs. Key personnel from theDPWH 2nd Negros Occidental District Engineering Office based at Binalbagan, including itsChief of Planning Section, Engr. Lea Delfinado were present in all these PCMs. To betterfamiliarize 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 ofaffected barangays attended the respective PCMs. The barangay captains represent both theLGU and the MKNP-PAMB since they are members of both institutions. In addition to thesePCMs, a separate consultation meeting was undertaken with the MKNP Protected AreaSuperintendent (PASu), Mr. Errol Gatumbato on 01 Feb 2001, at the MKNP Office inBacolod City.

4.2 The Project Team

Project Team here refers to the group that is responsible for the completion of the RAP. Themembers 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 the2d Negros Occidental DEO, Mr. Paquito Franco of KEI, Mr. Ferdie Narcisa, Mrs. FeliciaGabriel, and Mr. Ronaldo Manipol of Katahira & Engineer International, and Ms. AnnabelleHerrera, as the Team Leader.

4.3 Mechanisms for Stakeholder Participation

As mentioned in Chapter 3, participants were encouraged to raise issues, concerns, orreactions to the proposed Project'during the open forum portion of the PCMs. A summary ofthe issues and concerns raised during the PCMs are provided in Table 4.1. Please note thatthe barangay/sitio at which the issues were raised are indicated on the middle column forproper reference.

4-4


Table 4.1 Issues and Concerns Raised During the PCMs

Issues/Concerns Raised Stakeholders Who Responses Made by the Project TeamRaised theIssues/Concerns

They strongly support the Project Brgys. Masulog, Biak- If the affected communities will help make theeven though it will entail some na-Bato, Cabagna-an preparation of the RAP successful byform of sacrifices on their part, cooperating during the census and surveys, thensuch 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 termsthe actual dimension and type of of replacement cost, i.e., the cost to reconstruct amaterials that the structures are new structure of the same size, using the samemade of, instead of a flat rate for type of materialsall

If the houses within the MKNP Brgys. Masulog, Biak- For PAPs inside the MKNP, compensationwill 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 landthe land

If their houses are located along Brgy. Masulog If there are no other available alienable andcliffs that would be cut or filled, disposable land in Brgy. Masulog, the LGU ofwhere can they build their new La Castellana has identified areas for urbanhomes expansion in Barangay Robles and Brgy.

Cabacungan, which are possible relocation sitesfor these types of displacement. However, someof these areas are still subject to approval by theDepartment of Agrarian Reform (DAR) forconversion from agricultural to build-up areas.

If Tax Declaration can be used as Brgy. Masulog Tax Declaration (TID) is an acceptable proof ofproof 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 affectedthey 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 aif land to be acquired is planted to Nolan of Mansalanao landowner, he would be compensated for thesugarcane land based on ILA appraisal plus financial

assistance, and given sufficient time to harvesttheir crops. If he is an agricultural lessee, hewould be paid disturbance compensationequivalent to five (5) times the average of hisgross harvest during the last five (5) years, butnot less than P15, 000.00

If there will be compensation for Brgys. Masulog, Biak- Fruit trees and crops to be damaged will befruit trees to be cut, and crops to na-Bato, Cabagna-an, included in the payment for improvements, andbe damaged, and what will be the Robles price would be based on the valuation of thebasis for payment Municipal Assessor

4-5


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 theincluded in the computation of computation for replacement cost if the PAPcompensation package will be the one to have his structure demolished;

otherwise, demolition cost would be deductedfrom the compensation package

Who will demolish the structures Brgys. Biak-na-Bato, For PAPs who own structures that are made oflight to wooden materials, the Consultantadvised them to demolish their own abodes sothat they can carefully disband the structure andthus ensure that salvaged materials can still beutilized. For owners of semi-concrete toconcrete houses, they have the option whether todemolish their own structures, or let DPWH doit. If they choose the second option, the cost fordemolition would be deducted from theircompensation 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 relocationland sites must pay for the land they will occupy at an

amortization rate affordable to them, and mustbe guaranteed security of tenure.

How far from the centerline will Brgys Cabagna-an, This would depend on the type of terrain and thebe covered by the construction Sitio Nolan of construction limit. Since the existing R-O-W isactivities 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 wouldon the actual assessment of the Cabagna-an pay at the rate specified by the ILA. Forproperty structures, it would be based on replacement

cost. For improvements, it would be based onthe Municipal Assessor's latest schedule ofpayment for improvements.

If landowners could recover Sitio Nolan of Landowners could recover salvaged materialssalvaged materials Mansalanao without being deducted from their

compensation.

What the compensation would be Sitio Nolan of If the entire structure would be damaged, orfor big concrete houses Mansalanao when the remaining structure becomes not

viable for continued use, compensation wouldbe for the entire building, based on replacementcost. For partial damage and the structure wouldstill be viable for continued use, only theaffected portion would be compensated based onreplacement cost.

The seven (7) days given to the Brgy. Sag-ang The Consultant discussed this issue with thePAPs to vacate their properties DPWH EIAPO and requested for an extensionafter full paymentis not of fifteen (15) to thirty (30) days. The EIAPOsufficient,for building a new decided to allow PAFs with permanenthouse, 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 locatedis 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 theother 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 onthe 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 around2.73% 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 MountKanla-on National Park (MKNP), which measures 3,239 hectares plus another 168 hectaresdevoted to production forest, designated as an Integrated Social Forestry (ISF) Program areaby the DENR, totaling to 3, 407 hectares of forest land. The remaining 18,244 hectares isclassified as A & D. The Municipality devotes 4,585 hectares of its A & D land to foodproduction, 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), thesebarangays were grouped into four (4) "sub-municipal" units based on common attributes such aselevation, 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 theupland 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


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 ofLa 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


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 havenormalized 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 GrowthRate 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 1.90Manghanoy, and Puso) I I I

MCNP5 (Sag-ang, Mansalanao, Cabagna-an 10,899 19,721 4.05 20,994 1.29Biak-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 theprimary crop, followed by rice and corn, and then by bananas, vegetables, coffee, andcoconut. As previously mentioned, 10,835 hectares or 50% of its total land area isdevoted to sugarcane plantation, whereas only 4,585 hectares, or 21% is planted to riceand other food crops. This is also shown by the distribution of its labor force, whichconsists of more than 79% that are engaged in its primary industry (Please see Table5.1.3).

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 & WaterConstruction)

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 isregarded 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 itsurban area. However, although it is considered as the major trading in the municipality, itdoes not have the capacity to absorb all the town's farm products. Surplus in cropproduction are normally brought to Bacolod City and other cities and municipalities suchas 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 envisionedas 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 Cabacunganand other nearby barangays do not need to go to Robles since their household needs areavailable 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 theslash 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 activevolcano (Mt. Kanla-on) and flooding in the lowland areas such asPoblacion (Robles)

It can be noted from the above-enumerated concerns that three (3) out of five (5) areconcerning the protection of the MKNP from further degradation due to destructivehuman activities. Part of the Municipality's main objectives and strategies to addressthese concems are:

(vi) To reduce the population growth in the barangays located within theMKNP;

5-4


(vii) To provide alternative livelihood to upland farmers so that forestdestruction 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-municipalunits of the Municipality, namely the MCNP5 and Brgy. Robles. MCNP5, as previouslymentioned 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 theprovincial, municipal, and sub-municipal levels (Brgy. Robles and MCNP5). It isnoticeable from the table that among the upland barangays of the MCNP5, Cabagna-anshows the highest population density inside the MKNP, which is even higher than itsdensity outside the Park. This means that in that barangay, majority (70.8%) of theresidents live inside the MKNP.

Although the settlements within the Park may have existed even before the proclamationof the MKNP as a protected area, population growth should have been controlled. Ascited in the CLUP, the spirit of the proclamation should have "withdrawn the protectedarea from sale, settlement, and other forms of disposition". Instead, infrastructure andfacilities 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-anthat were constructed inside the MKNP, plus the water supply system that services mostof the upland barangays. Nevertheless, the Municipal Officials are still very keen inpreserving the integrity of the Park, and is cognizant of the need to institute the properpolicies 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 DensityA & D (Outside Inside the Inside

(Outside the MKNP) MKNP MKNPPark, in (kM

2)

_ _ _ _ _ _ _ _ ~~~~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 affectedfamilies are based on the census and socioeconomic survey undertaken from 10 Januaryto 07 February 2001. As mentioned in Chapter 3 of this report, a 100% census wascarried out for all PAFs, but in terms of the socioeconomic survey, only the severelyaffected were interviewed. For ease of discussion, PAFs who will be severely affectedwill 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 publicinfrastructure facilities (waiting sheds, barangay hall, and water pipes). On the otherhand, there are 144 families and two (2) public infrastructure facilities (waiting shed andschool fence) that will be marginally affected.

Table 5.2.1 shows the distribution of project affected persons and families, and publicinfrastructure facilities by barangay. As shown in the table, Brgy. Cabagna-an has themost number of affected PAFs, both for the severe and marginal categories. This may bebecause among the upland barangays in the MCNP5, Cabagna-an has the most number ofpersons living inside the Park. The same logic applies to Biak-na-Bato, being the secondin rank. It is important to note here that although all the realignment sections are locatedin Brgy. Robles, one (1) family and one (1) public infra (waiting shed), will be severely

5-6


affected since most of the areas to be traversed are planted to sugarcane, and sparselypopulated.

Table 5.2.1 Distribution of SPAFs, MPAFs and Public InfrastructureFacilities 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 MPAFsper barangay. As seen from these tables, majority of both categories of PAFs have anaverage household size of 1 to 4. Only 2.1% and 0.7% have household size greater than10 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 respondentsin 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 NoneUndergrad 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. 275.0% 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


Table 5.23b Educational Attainment of MPAFs

Education (Number/Percentage)

Barangay Elem. Elem. HS HS Graduate Vocatonal College College NoneUndergrad 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% forSPAFs, 5.0% for MPAFs). This low level of literacy rate makes them less eligible andcompetitive 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 oneof the major reasons why they opted to occupy the upland areas in spite of the fact thathuman settlements are discouraged within the MKNP.

Residence History

To determine the factors that may have triggered the habitation of the upland barangayswithin the MKNP, the residency history of the SPAFs is evaluated. Based on Table5.2.4a, 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 therespondent 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 uplandbarangays for more than twenty years (See Table 5.2.4b).

The above-mentioned results indicate that majority of the respondents could have settledin the upland areas between the 1970's and 1980's. Looking back at La Castellana'sgrowth rate and the previously mentioned factors that influenced it, insurgency problems

5-9


in the hinterlands of Negros Oriental could have prodded such in-migration during thoseperiods. In fact, during the course of the interview, some respondents even mentionedthat 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 theresults of the survey conducted. The SPAFs' standard of living and socioeconomic statusshall be evaluated using the following indicators: (i) sources of income; (ii) householdincome and expenditures; (iii) level of education attained; (iv) type and ownership ofstructure occupied; and (v) type of lighting, water supply, cooking fuel, and sanitationfacilities.

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 keerWorker

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 4Bato

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


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 <P39,239 P39,240 to >63,360P63,360

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 <P39,239 P39,240 to >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 <P39,239 P39,240 to >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 annualexpenditures. This is followed by education, utilities, and other expenses. This stronglyindicates that crops obtained from the farmlands are not sufficient for the community'ssustenance. 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


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 accessto electricity as a source of lighting. A high 36.9% still use kerosene for illuminatingtheir abodes (See Table 5.2.8). A relatively low percentage of population being suppliedmay be viewed from two perspectives. One is that this may be due to the remoteness ofthe area and lack of economic viability on the part of the service provider. It may also bea form of discouragement from concerned parties such as the MKNP-PAMB and LGU ofLa 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


In terms of source of water supply, majority or 85.9% of the respondents obtain theirdomestic 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 sanitationfacilities. It can be observed from Table 5.2.10 that most of the residents at the uplandbarangays still use the open pit type of toilet (31.7%). A relatively high 23.2% havenone 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 - - - - - - - 1 100.0Total 45 31.7 17 12.0 42 29.6 5 3.5 33 23.2

5-15


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 28.6Sag-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 levelPCMs promoted the PAFs' level of acceptance. This was manifested by the PAFs'eagerness to be photographed and interviewed during the conduct of census andsocioeconomic survey. Some went out of their way and postponed otherappointments/activities, just to make sure that they are home when the enumerators reachtheir house. Some tagged along with the enumerators until it was their turn to bephotographed and interviewed.

The SPAFs' and MPAF's awareness of the proposed project are presented in Table5.2.12a and Table 5.2.12b, respectively. Table 5.2.13a and Table 5.2.13b on the otherhand 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 - - 11Camandag 7 100.0 7

Sag-Aug 9 100.0 9

Robles 1 1.0Total 134 944 8 5.6 142

5-16


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, andthat the main sources of information were the DPWH-DEO (46.7%) during the PCMs,

5-17


and their respective local officials (34.8%). Among the MPAFs, 96.6% expressedawareness of the Project, and mentioned that their main sources of information are theDPWH-DEO (52.8%) during the PCMs, and their local officials (28.9%). Other sourcesof information include neighbors and friends, and relatives who attended the PCMs, andrelayed the information to them.

5.3 Impact Identification

Based on the Land Use and Vegetation Map of La Castellana, the La Castellana-Canla-onCity 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 ofRobles, except for its barangay proper (Poblacion) and some cogonal areas, is classifiedas industrial (sugar cane crops). The roadway continues to pass through these industrialareas up to Brgys. Sag-ang and Camandag. The portion of Brgy. Mansalanao throughwhich the roadway passes is classified as agricultural, and planted to food crops such asrice, corn, vegetables, coffee, and coconut, with build-up areas when it reaches thebarangay proper. It then enters the MKNP at Brgy. Cabagna-an, and traverses areforestation area under the jurisdiction of the MKNP-PAMB. It is interesting to notethat it is within this PAMB-controlled reforestation area where the biggest population ofBrgy. Cabagnaa-an, as mentioned in Section 5.1.2 and Table 5.1.4 of this report, islocated. 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 respectivebarangay 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 MasulogBridge (-Sta. 89+140). A significant adverse impact of the Project to the MKNP wouldbe 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 treeswould be cut. A summary of the trees to be cut based on the inventory carried out alongthe alignment is given in Appendix Dl.

In compliance with the DENR rules and regulations, regulated trees to be cut will bereplaced, by means of reforestation, using a 1:50 ratio. For non-regulated species, theratio is 1:5. The proposed Three-Year Work and Financial Plan for reforestation asreplacement for the trees to be cut along the La Castellana-Canla-on City road section is

5-18


included in this report as Appendix D2. Budget is estimated at P250,000.00. To provideadditional project benefit to the PAFs, it is strongly suggested that the reforestationprogram be contracted out to the affected communities. As mentioned earlier, PAFswho are recognized as tenured migrants inside the Park are also stewards of the land theycultivate, and have been actively involved in the PAMB's reforestation programs. Thismakes 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 theMKNP-PAMB and the Municipality of La Castellana is the increasing number of humansettlements inside the Park. Once the project is implemented, accessibility to the Parkwould improve, and as a result might worsen this problem. To mitigate this, the PAMBis proposing to include the setting up of monitoring centers at each barangay, particularlyto prevent any form of encroachment to take place.

During one of the meetings with the officials of the PAMB, it was mentioned thatdisplacement of human settlements within the Park due to construction activities could beviewed as a positive impact. This is in the sense that it would help maintain the Park'sintegrity as a protected area by reducing the threats of illegal farming and extractiveactivities. However, it was also emphasized during the said meeting that if relocationoutside the Park becomes necessary, fair resettlement and compensation packages mustbe accorded to the families to be displaced.

Another possible adverse impact associated with improved accessibility is theaggravation 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 remainingforest 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 (unsettledR-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 "additionalR-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 NOTexceed 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 (m

2) Acquired (M2) Total

ParcellarySurveyPlan)

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 7.34Antonio 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)

SurveyPlan

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 1.66Severo 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 9.70la5Vina

5-20


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 TotalParcellary (m

2)

SurveyPlan

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 6.8Vina

Felix Robles vs. Juan de la Agricultural (sugar-cane) 1819-D 126,129.50 6,341.00 5.0vina

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 5.5built-up area

Mun. of Pontevedra vs. Mixed agricultural and 1931-C 159,742.25 7,757.00 4.9Ciriaco Sema built-up area

Co. Gral de Tabacos Mixed agricultural and 956-C 85,769.43 7,791.72 9.1Filipinas built-up area

Ricardo Nolan Mixed agricultural and 1015 592,877 10,764.00 1.8built-up area

Ricardo Nolan vs. Inst. Agricultural (sugar-cane) 1933-C 98,190.28 946.00 0.9Govt. & vs. Com. Gral deTabacos Filipinas

Ricardo Nolan vs. Inst. Agricultural (sugar-cane) 1935-C 213,308.11 3,009.00 1.4Govt.

Cabagna-an .*, _____,_ - - - .

Felipe Lacson & Inst. Govt. Agricultural (sugar-cane) 1097-D 1,653,055.41 15,298.19 0.9vs NN Forest Res.

Felipe Lacson & Inst. Govt. Mixed agricultural and 1097-E 1,653,055.41 7,118.36 0.4vs 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 arelimited to fences that are mostly made of bamboo or a combination of bamboo andcyclone 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 SPAFsstated that they own the houses they dwell in; only 6.5% occupy the structures free ofcharge (See Table 5.3.3).

Table 5.3.3 Structure Ownership of Severely Affected SPAFs

Tenure

Barangay Owner Free %Occupationwith 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


Crops and Trees

Aside from the houses, stalls, and fences that will be affected, fruit trees that will be cutwere 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 SPAFsand 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 bythe construction activities. Most of these are made of light and wooden materials. Table5.3.5 shows the number of these commercial stalls and stores. This would entail losses inincome, particularly those who depend on these as their only source of income. Unlikethe stalls/stores that will be severely affected, disturbance to the MPAFs' structureswould only be in terms of losses in income due to disruption in form of partial to fullblockade of its access and frontage.

Table 53.5 Commercial Stalls and Sari-Sari Stores tobe 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 - 3Robles -

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 SchoolShed 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


(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 aremainly fences and trees, as well as transitional allowance to cover for income loss duringthe period the businesses were interrupted, without exceeding one (1) month. Theamount of transitional allowance will be determined by the MRIC.

Instead of cash compensation for damages to public infrastructure facilities such aswaiting sheds, barangay hall, water pipes, and school fences, it is recommended that theNegros Occidental 2nd District Engineering Office undertake the necessaryconstruction and rehabilitation. To enhance the DEO's relationship with the affectedcommunities, this could be made into a joint effort wherein the District will provide thematerials and equipment, and the community, the available labor force.

Table 5.4.1 shows the Entitlement Matrix based on the LARR Policy, whereas Tables5.4.2a and Table 5.4.2b show the compensation scheme for owners of land to beacquired at realignment sections and at cut sections (additional R-O-W), respectively.

5-25


Table 5.4.1 Entitlement MatrixType 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 slopingby the road project title, tax declaration +Cash compensation equivalent to zonal 14 PAFs27 PAFs andithe remaining or who are covered value + 10%o (AO 50) 134,333.84 m2 x P20.00/r 2 = P2,686,676.80land still by customary law + Topping-up supplement assistance Agricultural (suzarcane). Undulating to rolling terraineconomically viable (e.g., possessory equivalent to the difference between to Au srights, usufruct) or the difference between the zonal value + 51010.72 e x P15.00/m= P765,160.8027 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 PAFs27 PAFs appraiser to be hired by the project 32,362.00 m2 x P60.00/r 2 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/r 2 = P584,379.00DENR or the concerned appraisalcommittee

+ PAP will be given sufficient time toharvest crops on the subject land

PAPs without title, For the portion of the land needed:tax declaration, or + PAP will be given sufficient time toare not covered by harvest cropscustomary law (e.g., + Cash compensation for perennials ofpossessory rights, commercial value as determined by theusufruct) or other DENR or the concemed appraisalacceptable proof of committeeownership

N il _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _



(PhP)Remaining land Owners with full + Cash compensation equivalent to zonalbecomes title, tax declaration value + 10% (AO 50) or, if feasible, land foreconomically not or who are covered land will be provided in terms of a newviable (i.g., PAP by customary law parcel of land of equivalent productivity, at alosing >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 assistancebut the remaining proof of ownership equivalent to the difference between theland is not zonal value + 10% and the fair market valueeconomically viable Nil in the area as established by the independentanymore) appraiser to be hired by the project

+ Subsistence allowance of PhP 15,000Nil + PAP will be given sufficient time to

harvest crops+ Cash compensation for perennials ofcommercial value as determined by theDENR or the concerned appraisalcommittee+ If relocating, PAP to be provided freetransportation+Rehabilitation assistance (skills trainingand other development activities) equivalentto Php 15,000 will be provided incoordination with other governmentagencies if the present means of lvelihood isno longer viable and the PAP will have toengage in a new income activity



(PhP)PAPs without title, + Financial assistance equivalent to thetax declaration, or average annual gross harvest for the past 3are not covered by years but not less than PhP 15,000customary law (e.g., +PAP will be given sufficient time topossessory rights, harvest cropsusufruct) or other + Cash compensation for perennials ofacceptable proof of commercial value as determined by theownership DENR or the concemed appraisal

committeeNil + Financial assistance to make up for land

preparation in the amount of PhP15O persquare meter+ If relocating, PAP to be provided freetransportation+ Rehabilitation assistance (skills trainingand other development activities)equivalent to PhP 15,000 will be providedin coordination with other governmentagencies if the present means of livelihoodno longer viable and PAP wiU have toengage in a new income activity

Agricultural lessees As per RA 6389 and EO 1035:.+ Disturbance compensation equivalent toNil five times the average of the gross harveston the land holding during the fivepreceding years but not less than PhP15,000 will be provided in coordinationwith other govenmment agencies if thepresent means of livelihood is no longerviable 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


(PhP)Temporary use of All PAPs + Compensation to be provided for loss ofland income during the period, standing crops,

Nil cost of soil restoration and damage structureNil

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 valueother acceptable in the area as established by theproof of ownership independent appraiser to be hired by the

projectDetermined by the DENR or the concemedappraisal committee


Table 5.4.1 Entitlement MatrixType of Loss Applicaiion Entitled Person Entidement Compensation AmountI _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~~~~~~~~~~~~~~(PhP)Remaining Owners with full + Cash compensation equivalent to zonalresidential 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 abecomes not viable by customary law new parcel of land of equivalent marketfor continued use (e.g., possessory value, at a location acceptable to PAP, and

rights, usufruct) or long-term security of tenure. Theother acceptable replacement land should of acceptable sizeproof of ownership under zoning laws of a plot of equivalent

value, whichever is larger, in a nearby in aresettlement area with adequate physicaland social infrastructure. When the affectedholding is larger in value than the relocationplot, cash compensation will cover thedifference in value.+Topping-up supplemental assistanceequivalent to the difference between thezonal value + 10% and fair market value inthe area as established by the independentappraiser to be hired by the project+ Cash compensation for perennials ofcommercial value as determined by theDENR or the concemed appraisalcomnittee+ If relocating, PAP to be provided freetransportation

Temporary use of Al PAPs + Compensation to be provided for loss ofland income during the period, standing crops,cost of soil restoration and damagedstructures

San Enrique-Vailehermoso Road (La Castellana^Canla-on City Section) Resettlement Action Plan

Table 5A.1 Entitlement MatrixType 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 ofhouse cum permit, partiaUy title or tax restoring the remaining structure, asshop) affected and the declaration to the determined by the concemed appraisal

remaining structure land or those who committee with no deduction for salvaged137 PAFs is still viable for are by customary building materials.

continued use. law (e.g., possessory + PAPs who have business affected due torights, usufruct (or partial impact on the structure are in titled to

Nil other acceptable a subsistence allowance for the loss ofproof of ownership income during the reconstruction period.

(such will be verified and computed by theNil Municipal Resettlement Implementing

Committee or RIC.Owners of + Compensation in cash for affected portionstructures, including of the structure including the cost ofshanty dwellers in restoring the remaining structure, asurban areas, have no determined by the concerned appraisaltitle or tax committee with no deduction for salvageddeclaration to the building materials.land or other + Shanty dwellers in urban areas who opt toacceptable proof of go back to their place of origin in theownership province or be shifted to governnent

relocation site will be provided freeNil transportation

+ PAPs who have business affected due thepartial impact on the structure are in titled toa subsistence allowance for loss of incomeduring the reconstruction period. (such willbe verified and computed by the municipalResettlement Implementing CommitteeRIC).+ Professional squatters will not receivecompensation but they can collect their

________________ salvageable materials



(PhP)Renters (tenants) of + Given 3 month notice on the schedule of demolitionleased affected + If shifting is required, PAP is given transitionalstructure, including allowance equivalent to one month rent of a similarrenters of shanty structure within the same areadwellings in urban + For house tenants renting structures outside of, orareas within the ROW, and who have to transfer elsewhere,

free transportation will be providedNil + Renting shanty dwellers in urban areas who opt to go

back to their place of origin in the province or be shiftedto government relocation site will be provided freetransportation

Entire structure Owners of structure + Compensation in cash for entire structure ataffected OR when with full title or tax replacement structure cost as determined by thethe remaining declaration to the concemed appraisal committee without deduction forbecomes 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 impactbuilding 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 RIC16 houses with ownership + If relocation if necessary, free transportation will beshops providedNil + Rehabilitation in the form of skills training and other

development activities and equivalent to PhP 15,000will be provided in coordination with other govemmentagencies if the present means of livelihood (e.g., housecum shop) is no longer viable in the PAP will have to________________________________ engage in a new income activity



(PhP)Owners of structure, + Compensation for the entire structure at replacement Residential - 121 PAFsincluding shanty cost as determined by the concemed appraisal Affected Structure: P6,495,582.50dwellers in urban committee without deducton salvaged building Income Loss:areas, have no title material. Relocation: n/aor tax declaration to + Shanty dwellers in urban areas who opt to go back to Rehabilitation: n/athe land or other their place of origin in the province or be shifted to Other (Trees) P358,200.00acceptable proof of government relocation sites will be provided free Residential/Commercial -16 PAFsownership transportaton Affected Structure: P2,090,905.00+ PAPs who have business affected due to the severe Income Loss: P118,300.00121 houses and impact on the structure are in titled to a subsistence Relocation: n/a16 houses with allowance for the loss of income during the Rehabiitation- iVashops to relocate reconstructon period. (such will be verified and Reh an/acomputed by the RIC). ,Other na+ If relocation is necessary, free transportation will beprovided+ NO Rehabilitation assistance in the form of skillstraining and other development activities wil beprovided in coordination with other governmentagencies since the present means of livelihood (e.g.,house cum shop) is still viable and the PAP wiU nothave to engage in a new income activity+ Professional squatters will not receive compensation

_____________ _________________ _______________ but they can collect their salvageable materials _salvageable_materials


Table 5,4.1 Entitlement MatrixType of Loss AppUcation Entitled Person Entitlement Compensation Amount

(PhP)Renters (tenants) of + Given 3 months notice on the schedule ofleased affected demolitionstructure, including + PAP is given transitional allowancerenters of shanty equivalent to one month rent of a similardwelling in urban structure within the same areaareas + For house tenants renting structures

outside of, or within the ROW, and whoNil have to transfer elsewhere, free

transportation will be provided+ Renting shanty dwellers in urban areaswho opt to go back to their place of originin the province or be shifted to govemmentrelocation site ,will be provided freetransportation+ Rehabilitation assistance in the form ofskills training and other developmentactivities and equivalent to PhP 15,000 willbe provided in coordination of othergovernment agencies if present means oflivelihood (e.g., house cum shop) is nolonger viable and the PAP will have toengage in a new income activity

4. Independent Shops, with or Owners of structure + Compensation in cash for affected portionShops without building with or without full of the structure including the cost of(structures) permit, partially title or tax restoring the remaining structure, asaffected and the declaration to the determine by the concemed appraisal17 PAFs remaining structure land or those who committee with no deduction for salvagedare still viable for are covered by building materialscontinued use customary law (e.g., + As determiined by the RIC, PAPs will be

possessory rights entitled to transitional allowance to coverNil usufruct) or other for their computed income loss during the

acceptable proof of demolition and reconstruction of theirownership shops, but not to exceed a one month

period.NilII



(PhP)Renters (tenants) of + As determined by the RIC, shop rentersaffected shops will be entitled to a transitional allowance to

cover for their computed income lossNil during the period that their business is

interruptedEntire shop affected Owner of structure + Compensation in cash for the entire Commercial -17 PAFsOr when the with or without full structure at replacement cost as determined Affected Structure: P325,379.00remaining structure title or tax by the concerned appraisal committee Income Loss: P79,400.00becomes not viable declaration to the without deduction for salvaged building Relocation: n/afor continued use, land or those who materials. Rehabilitation: n/awith or without are covered by + Subsistence allowance of PhP 15,000 to Other n/abuilding permit customary law (e.g., each PAP

possessory rights, Free transportation will be provided if17 PAFs to relocate usufruct or other relocatingacceptable proof of + Rehabilitation assistance in the form ofownership skills training and other development

activities and equivalent to PhP 15,000 will17 PAFs to relocate be provided in coordination with other

government agencies of the present meansof livelihood is no longer viable and thePAP will have to engaged in a new incomeactivity+ Professional squatters will not receivecompensation but they can collect theirsalvageable materials

San Enrique-ValUehermoso Road (La Castellana-Canla-on City Section) Resettlement Action Plan


(PhP)Renters (tenants) of + Given 3 months notice on the schedule ofaffected shop demolition

+ As determined by the RIC, shop renterNil will be entitled to a transitional allowance to

cover for their computed income lossduring the period that their business isinterrupted but not to exceed 3 monthperiod.+ If shifting, either permanently ortemporarily is required, shop renters are intitled to free transportation+ Rehabilitation assistance in the form ofskills training ii} the other developmentactivities and equivalent to PhP 15,000 willbe provided in coordination withVi government agencies if the present meanse0i of livelihood is no longer viable and thePAP will have to engage in a new incomeactivity

5. Other fixed Loss of, or damage PAPs + Compensation in cash for affected portion Residential/Commercial - 144 PAFsassets or to, affected assets, of the structure, including the cost of Affected Structure: P73,920.00structures partially or entirely restoring the remaining structure, as Income Loss: P95,750.00determined by the concemed appraisal Relocation: n/a144 PAFs 144 PAFs committee, with no depreciation nor Rehabilitation: n/adeduction 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 PAFwater to, affected asset, facilities Affected Structure: P50,000.00connection partially or entirely (1) Water pipe to be Income Loss: n/areplaced Relocation: n/a1 PAF 1 PAF Rehabilitation: n/aOther n/a



(PhP)7. Public Loss of, or damage Concemed agencies + Compensation in cash replacement cost to Other Fixed Assets - 12 Public FacilitiesFacilities to, public respective agencies Affected Structures:infrastructure (e.g., 10 waiting sheds, + To be reconstructed by DPWH DEO Waiting sheds (10) P750,000.0012 PAFs public water tanks, 1 barangay hail, Barangay hall (1) P350,000.00tram lines, bus stop 1 school fence for School fence P150p00.00sheds, loading replacement Total: P1,450,000.00platform, publichealth center,barangay center,electric or telephonelines, etc.)

10 waiting sheds,1 barangay hall,1 school fence


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 AcquisitionParcellary ILA (per CostSurvey) 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 73,443.80Antonio 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 LandAcquired (m2

) on Acquisition CostILA (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 97,217.00Debanda

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 LandAcquired (m2

) on Acquisition CostILA (per m2)

Cabagna-an Ricardo Nolan vs. Inst. Gov't. vs. 1933-C 946.00 15.00 14,190.00Com. 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 15.00 229,472.85NN Forest Res.

Felipe Lacson & Inst. Gov't. vs. 1097-E 7,118.36 70.00 498,285.20NN Forest Res

TOTAL 196,634.82 6,144,435A0

A summary of the fixed assets, improvements, and income to be affected, along with thecorresponding values of compensation for the SPAFs and MPAFs are provided in Tables5.4.3 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 Aland 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 P1,396,700.50Biak-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 9,000.00 255,780.00Sag-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 COSTMeas. Trees Income Loss(nm)

Masulog 108 P21,880.00 145 P 42,730.00 P13,500.00 P78,110.00Biak-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


Table 5.4.5 Estimated Resettlement CostDESCRIPTION No. UNIT RATE QTY. AMOUNT AMOUNT

P/UNIT Peso USD(Counterpart (Loan

Fund) Fund)

Compensation for Land andStrucres and other fixed asetsLand

- 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 AreasStructures (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 WaterConnections

- 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

andDENR'sSchedule'

Sub-total 1 18,055,362.30Supplemental Assistance'("Topping-up')Transitional allowance to cover 29 HH (based on Lump sum 293,450.00'income loss for partially and actualseverely-affected house cum shops monthlyand partially-affected mdependent income)shopsSubsistence Allowance (severely- 27 HIHs 10,000.00 27 270,000.00affected shop owners withA/ithouttide to the land)Inconvenience Allowance (severely - HH 15,000.00 - -

affected hose owners with landtitle)

Cost of Replacement in form of reforestation2 To be computed based on the difference between the Assessor's Schedule of values vis-A-vis the ILA's appraisal3 FnlW value to be validated by the MRIC

5-40


Table 5.4.5 Estimated Resettlement Cost (Continued ... )

DESCRIPTION No. UNIT RATE QTY. AMOUNT AMOUNTP/UNIT Peso USD

(Counterpart (LoanFund) Fund)

Financial Assistance (severely - HH 15,000.00 _affected settlers, de facto owners ofagricultural land, etc.)Rehabilitation Assistance (severely- - 15,000.00affected PAFs)Land Preparation Assistance mL 150.00(marginally affected de facto owners ofagricultural land)Disturbance Compensation (lessees) HH 5 x

average offive yrsgrossincome

Rent Allowance (severely affected - HH Equivalenthouse tenants) to one (1)

month rentMaterial transport allowance to 150 PAFs 2,000.00 15 30,000.00relocating PAFs For fuel,

DPWHtrucks

Sub-Total 2 593,450.00Relocaton Area (site development and Lumpaocess road) SumExternal Monitoring and Post- Lump 2,000.00Implementation Evaluation SumFee of Independent Land Appraiser 37,500.00TOTAL 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


5.5 Relocation Sites at La Castellana

As previously discussed, one of the development concerns of the LGU of La Castellana isto reduce the population growth in the barangays located within the MKNP. This isaimed to reduce the vulnerability of the MKNP to further degradation due to humanintrusion. The same concern was expressed by the Park's Protected Area Superintendentduring a consultation meeting with him last 01 February 2001. Such being the case, boththe LGU and the PAMB are seriously working together on policies that would preservethe integrity of the MKNP.

Although the PAMB recognizes the rights of tenured migrants4 inside the Park, it isalarmed by its rapid population growth, and the possible increase in in-migration rate dueto the improvement of the national highway. This is why the Board is very steadfastabout 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 forthe period, 1995-2005, wherein it proposed a land use plan for the MKNP. The said planconforms to the requirement of the NIPAS Act, which is to divide the protected area intodifferent management zones. Policies for the use of each zone shall be formulated incoordination with the PAMB, and included in the revised Zoning Ordinance of theMunicipality. 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 thesummit). In terms of allowed land uses, only the multiple-use zones will be permitted tohave human settlements in it.

Aside from the multiple-use zones inside the Park, other possible relocation sites includethe proposed Urban Expansion Areas at Brgys. Robles and Cabacungan (Please refer toFigs. 5.1 and 5.2). The Shelter Plan of La Castellana as presented in its CLUP includesprovision 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 amajor 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 ofLa 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 areaswhich have actuaUy and continuously occupied such areas for five (5) yeaws before designation of the same asprotected 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 tobe eligible for stewardship of portions of land within the multiple use management or buffer zone of the protectedarea, and from which he may derive subsistence. Migrants who would not qualify for the category tenure shouldbe resettled outside the protected area

542


provide resettlement areas for affected households. At present, only residents located inthe danger zone of the MKNP were included in the shelter plan, considering that theCLUP was drafted prior to the commencement of the NRIMP Project. Since thedefinition also includes displacement because of major infrastructure improvement, PAFsto be displaced at the MKNP5 can be considered eligible awardees of the shelter plan. Infact, the possible need for a relocation site for families that will be displaced from thePark has been taken up with Mayor Elumba during the first consultation meeting. TheMayor assured the Project Team that the Municipality has available relocation sites atBrgys. Robles and Cabacungan. The only problem is that they are still waiting for theapproval of the Department of Agrarian Reform (DAR) regarding the conversion of theproposed areas for urban expansion from agricultural to built-up area. Although theseproposed sites are ideal for relocation because these are located outside the MKNP, theconversion process may take time and cause unnecessary delays in the implementation ofthe Project. Thus other options were considered.

In a recent meeting with Mayor Enrico R. Elumba of La Castellana, he informed theDPWH-EIAPO, the Consultant, and key representatives of the Negros Occidental 2ndEngineering District that there are other relocation sites, aside from those at Brgys.Cabacungan and Robles, which are readily available to the SPAPs who would bedisplaced. In fact, these are found -in each project-affected barangays, namely Brgy.Masulog, Biak-na-Bato, Cabagna-an, Mansalanao, Sag-ang, and Camandag.. These areashave been developed by the Municipality, and that water supply, electricity and accessroad are available to the relocating PAFs. In fact, Barangay Resolutions from allaffected barangays committing the provision of relocation sites, includingelectrification and development of water system in the said sites, were passed by eachconcerned Barangay Council (Please refer to Appendix E3 for a copy of the saidBarangay 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 isdeemed necessary since the PAFs will be accorded the proper compensation for thestructures, 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 atthe 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 theDPWH and the World Bank. It shall be implemented as soon as the approval from theGOP and the World bank is received. The Negros Occidental 2nd Engineering District

5-43


shall implement the RAP, under an overall supervision of the PMO-IBRD, and guidanceand 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. CABAClLNGANSCALE I:SDna=MTS.

5-46


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 commitmentof 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 Occidental2nd 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 trainingworkshops at the district level. During these workshops, the members of the RIC will befully guided on LARR Policy and the proper implementation of the RAP in accordancewith the said Policy.

Establishment of Detailed Compensation Rates

Once the RIC is equipped with the necessary knowledge on RAP implementation, it willstart 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


activities they should be involved in. The RIC must also constantly remind the PAPs toprepare all the necessary documents pertaining to the settlement of compensation forfixed assets.

Finalization of Compensation and other Entitlements of PAFs

The RIC will then visit each PAF to validate the inventory of affected assets, and conferwith the affected families regarding their concurrence to the updated estimates of thecompensation and entitlements that they will receive. Once the PAF agree, aCompensation Entitlement Form shall be accomplished, signed by PAP, and noted by theconcerned Barangay Captain. Any disagreements with respect to valuation of theproperties shall be recorded. The PAFs will also be informed about the grievanceprocedure 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 stakeholdersabout the schedule of payments, relocation arrangements for those who would need to berelocated, and the commencement of civil works.

Payment of Compensation and Other Entitlements

After completing all the necessary documents, the RIC shall request the concernedbarangay Captains to inform their constituent PAPs regarding the date, venue, and timeof the payment of compensation.

Implementation Schedule

The Implementation Schedule for the La Castellana-Canla-on City road section isprovided in Fig. 53.

5-48


Fig. 5.3 RAP Implementation Schedule

2002RAP Implementation Acvtlvitles May June July August September October November December1. Approval of the RAP

11. Formation and Training of RIC

111. Public Information Campaign

IV. Stakeout and Validation of Titles

V. Finalize Inventory andCompensation Rates

VI. Public Meeting

VII. Payment of Compensation andOther Entitlements

VIII. Handling Over of the Site

IX. External Monitoring

__ _ _ __ _ _ _ __ _ _ _ __ _ _ _ __ _ _ __ _ _ _ __ _ _ _I__ _ _ I__ __ _I_ _ I __ _ _ _ __ _ _ _


5.6.3 Administrative and Contingency Costs

Administrative and contingency costs to be incurred in the implementation of the RAPare 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 94,500.00RIC

Transportation Cost 45,000.00

B. Updating/validation of affected Logistics for EIAPO staff 112,800.00fixed assets and correspondingcompensation and entitlements

Logistics for Regional and DEO Staff 126,000.00

Allowances andper diem of members of the 189,000.00RIC

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

Documents

Volume 12 NATIONAL ROAD IMPROVEMENT AND … · project management office for ibrd,7 i national road improvement and management project -phase i (nrimp-i) detailed engineering design