Public Disclosure Authorized

ANNEX B

LAND ACQUISITION, RESETTLEMENT AND REHABILITATION POLICY FRAMEWORK

I. Introduction

This Policy Framework is adopted to govern the conduct of land acquisition, resettlement or
rehabilitation of displaced persons (DPs) or project affected persons (PAPs). The magnitude of
adverse impacts is projected to be minimal due to the nature of the sub-projects. Subprojects
consist of small solar home systems, small solar power plants, and rehabilitation/expansion of
distribution and transmission lines meant to improve supply side efficiency.

This document is essentially based on the following issuances:

 Executive Order 1035, Procedures and Guidelines for the Expeditious Acquisition by the
Government of Private Real Properties or Rights thereon for Infrastructure and Other
Government Development Projects. June 1985

 Executive Order 132, Procedures to be followed in the Acquisition of Private Property for
Public Use and Creating Appraisal Committee

 Supreme Court Ruling (1987), Defines just compensation as fair and full equivalent for
the loss sustained, taking into account improvements, location, capabilities, etc.
Public Disclosure Authorized

 R.A. 6389, Provides for disturbance compensation to agricultural leases equivalent to 4

times the average gross harvest in the last 5 years.

 R.A. 7279 (Urban Development and Housing Act of 1992) provides guidelines for
resettlement of persons living in danger areas, e.g. riverbanks, shorelines, & waterways or
areas where government infrastructure projects are about to be implemented. Guidelines
cover the provision of basic services & facilities in resettlement sites, livelihood support,
meaningful participation & adequate social preparation for the affected households, close
coordination between sending & host LGUs, grievance redress and related aspects.

 Republic Act 10752 (2015) provides for the acquisition of ROW, site or location for
National Government Infrastructure Projects and for other Purposes. Implementing Rules
and Regulations of RA10752 was also issued. This mandates the use of replacement cost
for affected structures even for owners that do not have legally recognized rights to the
land.

 Commonwealth Act 141- Public Lands Act (1936) Institutes classification & means of
administration, expropriation and disposition of alienable lands of the public domain; and
under Section 112, lands awarded for Free Patent are “subject to a right-of-way not
exceeding sixty (60) meters in width for public highways, railroads, irrigation ditches,
aqueducts, telegraph and telephone lines and similar works as the Government or any
public or quasi-public service or enterprise, including mining or forest concessionaires,
may reasonably require for carrying on their business, with damages for the
improvements only.”

 World Bank Operational Policy 4.12, Involuntary Resettlement (October 2001) aims to
improve or at least restore standards of living of project-affected persons to pre-project
levels.
II. Definition of Terms

In order to ensure that implementation of the policies and guidelines is unified throughout the
project certain terms commonly used in relation to these guidelines are defined as follows:

Displaced Persons (DPs) or Project Affected Persons (PAPs) refer to any person or
persons who would be identified, through a baseline census information collected for each of
the subprojects to be affected by any of the following circumstances:
i) Acquisition or possession by the Project, in full or in part, permanent or temporary, of any
title, right or interest over house/s, land/s (including but not limited to residential, agricultural
and grazing lands) and/or any other fixed/movable assets; ii) Acquisition or possession by the
Project of crops (annual and perennial) and trees whether partially or in whole; iii) Whose
business/livelihood is in part or as a whole affected by the Project. In order to be eligible for
compensation and other assistance, PAPs needs to fall within the specified cut-off date.

Involuntary Land Acquisition refers to the process whereby a person or entity is compelled
by a public agency to alienate all or part of the land a person/entity owns or possesses, to the
ownership and possession of that agency for public purpose in return for a consideration.

Replacement Cost refers to the value determined to be fair compensation for real property
based on its productive potential, replacement cost of houses and structures (as reckoned on
current fair market price of building materials and labor without depreciation or deductions for
salvaged building materials), and the market value of residential land, crops, trees and other
commodities.

Resettlement refers to all measures taken to mitigate any and all adverse impacts of the
project on PAP's property and/or livelihood including compensation, relocation and
rehabilitation (where applicable).

Relocation refers to the physical relocation of a DP from his/her pre-project place of

residence.

Rehabilitation refers to compensatory measures provided under these guidelines other than
payment of the replacement costs of acquired or affected assets.

Compensation refers to payment in cash or in kind of the replacement costs of the acquired
or affected assets

III. Objective and Features of the Policy:

The principal objective of this document is to ensure that all persons directly displaced by
involuntary land acquisition due to the subproject are assisted in their socio- economic recovery
so that their way of life is the same if not better than pre- displacement level. The document
lays down the principles and objectives, eligibility criteria of entitlements, legal and
institutional framework, modes of compensation, people participation features and grievance
procedures that will guide the implementation of compensation for DPs.

IV. Principles and Objectives: The principles outlined in the World Bank's Operational Policy
4.12 have been adopted in preparing this document. In this regard, the following principles will
govern Project implementation:
 1. Involuntary acquisition of land and other assets should be avoided, where feasible, and
minimized as much as possible.
2. All DPs residing or cultivating land, working, doing business, or having rights of
ownership or established possession along segments of lands to be utilized / traversed /
improved / rehabilitated by the Project, as of the time of conduct of the baseline surveys,
are entitled to be provided with compensation sufficient to assist them to improve or at
least maintain their pre-Project living standards, income earning capacity and production
levels.
3. Lack of legal rights to land will not bar the DP from entitlement to such compensation or
rehabilitation measures for assets (structures, crops etc) lost.
4. Replacement agricultural land will be as close as possible to the land that was lost and is
acceptable to the DPs.
5. All replacement land for agriculture, residential and business use will be provided with
secured tenure status and without any additional cost, taxes, and surcharges to the DPs at
the time of transfer.
6. Planning and implementation for acquisition of land and provision of compensation will
be carried out in consultation with the PAPs, to ensure minimal disturbance and ensure
transparency in transactions between the Project implementers and DPs.
7. Entitlements will be provided to DPs no later than one month prior to expected start-up of
works at the respective subproject site. Construction work will not be initiated until DPs
are compensated or adequately relocated.
8. Financial and physical resources for compensation will be made available as and when
required.
9. Community infrastructure, which are affected must be restored or replaced.
10. Institutional arrangements should be in place to ensure the effective and timely design,
planning, consultation and implementation of the inventories.
11. Effective and timely implementation supervision, monitoring and evaluation of
compensation action plans must be carried out.

V. Social Assessment

A census of affected persons and socio-economic situation of each household needs to be

done to determine the pre-project situation of the affected persons. This will provide
information for the preparation of the Resettlement Action Plan, and indicators for assessing the
effectiveness of the RAP in improving or at the least, restoring the condition of the displaced
person to his pre-project condition. The census should cover the following items:

1. Current occupants of the affected area to establish a basis for the design of the
resettlement program and to exclude subsequent inflows of people from eligibility for
compensation and resettlement assistance;
2. Standard characteristics of displaced households, including a description of production
systems, labor, and household organization; and baseline information on livelihoods
(including, as relevant, production levels and income derived from both formal and
informal economic activities) and standards of living (including health status) of the
displaced population;
3. The magnitude of the expected loss—total or partial—of assets, and the extent of
displacement, physical or economic;
4. Information on vulnerable groups or persons for whom special provisions may have to be
made. This may include people with disabilities, the elderly and women headed
households;
5. Provisions to update information on the displaced people's livelihoods and standards of
living at regular intervals so that the latest information is available at the time of their
displacement;
 6. Public infrastructure and social services that will be affected; and
7. Social and cultural characteristics of displaced communities, including a description of
formal and informal institutions (e.g., community organizations, ritual groups,
nongovernmental organizations (NGOs)) that may be relevant to the consultation
strategy and to designing and implementing the resettlement activities.

VI. Entitlement Framework

In determining the amount of compensation and assistance to be received by displaced or

affected persons, the compensation matrix (Attachment 5 of this framework) shall be followed.

To respond to occasions when DPs lack the required minimum documentation of Tax
Declaration Certificates to establish facts of possession for lands to be purchased for Project
infrastructure, due diligence will be conducted to check various government agencies and other
forms of documentation. The Registry of Deeds needs to be visited to look for official records.
The Land Management Bureau may also be consulted to confirm ownership. It is also possible
that heirs issued an affidavit of extrajudicial settlement of estate.

VII. Modes of Land Acquisition

Private assets (e.g., land, structures and other improvements) may be acquired for the
Subproject through:

 Donation and/or grant of ROW

 Negotiated purchase, which is also equivalent to voluntary sale or willing
buyer/willing seller scheme
 Expropriation
 Usufruct
 Lease Agreement

For land donation it is important to examine the processes and documents to ensure that
donation was not coerced. The following protocol is prescribed to help ensure that donation is
voluntarily done:

1. Ensure transparency of information and process in getting informed consent of the

potential donor. The affected parties must understand:
a. what the land is going to be used for, by whom and for how long;
b. that they will be deprived of the ownership or right to use the land, and what this
really means;
c. that they have a right to refuse to donate the land;
d. whether there are alternatives to using this land;
e. what they will need to do to donate the land and the costs involved (e.g. execute
documents, get spouse consents, pay taxes);
f. The effect of the donation on their family, and what they can do if they (or their
family or heirs) want the land back.
g. Their right to refuse must be a legitimate right, unconditional, and the potential
transferees must be capable of exercising it in the local community and political
context. The decision to donate must be made without
 coercion, manipulation, or any form of pressure on the part of public or traditional
authorities.
h. For collective or communal land, donation must be based upon the informed
consent of all individuals using or occupying the land.

2. The proportion of land donated by any individual does not exceed 10 percent of the
potential donor’s land holding.
3. Voluntary land donation will not cause any household relocation to include those who
may be informal settlers.
4. Voluntary land donation should be used only to support small scale community
infrastructure, where the impacts are minor. For ASEP potential projects this may be
applicable to small right of way.
5. There should be a clear agreement as to which party will pay the costs associated with
the donated land. This could include measurement costs, documentation and notarial fees,
transfer taxes, registration fees. It should also include the costs of re measuring/re titling
the transferee’s remaining land and any new documentation relating to it.
6. Ensure that the documentation establishes a deadline to initiate project use of donated
land.

Thereafter, specific due diligence must be conducted on each parcel of land proposed for
donation to identify:

 The owner or owners of the land

 The users of the land, or any parties that occupy the land (either physically or through
ownership of an asset or conduct of livelihood or business activities on the land)
 Any competing claims of ownership or use
 Structures and assets on the land
 Any encumbrances on the land

It is important to (i) identify the right that is being transferred (an ownership right, a use right, a
right of way etc.) and (ii) check whether the transferee actually has the right s/he claims to
have. In some circumstances – but not all – the transferee will have documentary evidence of
such right. Where no such evidence exists, the due diligence can establish rights by speaking
with local community officials and neighbors. If careful due diligence has not been carried out,
significant conflict may arise at the later stage if another party claims that they have the same
or a competing right.

The subproject Proponent may seek the imposition of an Easement of Right-of-Way (ROW)
provided for under the Philippine Civil Code. In such cases, a ROW easement agreement will
be executed by the property owner and the Sub-project Proponent, whereby the former will
grant the latter the right to use the affected portion of the lot, as ROW, but the owner retains
ownership of the said portion of the lot. In these cases, the subproject Proponent may pay the
owner the value of the affected portion of the lot based on an independent appraiser carried out
according to internationally accepted norms. In addition, the subproject Proponent shall
compensate the property owner at replacement cost for any improvements and/or structures on
the land affected by the ROW. The subproject Proponent will enter the easement area after the
provision of the full payment for the easement to the property owner. The ROW easement
agreement will be immediately registered with the Registry of Deeds.

The subproject Proponent may also acquire a property through usufruct. The property owner
retains the naked ownership of the land, while the subproject Proponent enjoys
the benefit of the use of land. The subproject Proponent and the property owner will execute a
usufruct agreement. The agreement will cover the rights and responsibilities of the two parties,
including the duration of the usufruct which should not be lower than the project life.

The subproject Proponent may also acquire lands through lease agreements with the rightful
property owner. The subproject Proponent and the property owner will execute a Lease
Contract. The contract will cover the rights and responsibilities of the two parties, including the
duration of the lease which should not be lower than the project life.

In the case of negotiated purchase, the subproject Proponents will offer as the purchase price an
amount equal to the replacement cost of the assets, as determined by an independent appraiser
using internationally accepted procedures. This arrangement is a private land purchase - willing
seller willing buyer arrangement, and it does not trigger WB OP 4.12. Most of land acquisition
for recent sub projects of ECs used this transaction.

There are however instances when this can trigger OP 4.12 when the purchase of land is done
by a government entity which has the authority to expropriate private land for public good. This
happens when the subproject is site specific and alternate land that suits subproject design is not
just difficult but may be impossible to find without significantly increasing the cost of
construction. For such purposes, it is important that:

a. All displaced persons which include owners and occupants are informed and consulted.
b. Minimize land acquisition. Toward this, encourage the participation of DPs during
planning and implementation of RAP
c. Additional grants and allowances to top up the compensation that may be prescribed to
make up for issues in compensation related to replacement value, lost income specially
for commercial properties be used.
d. Land for land compensation (of equal value and land use) should be considered when this
is feasible.
e. Special assistance shall be provided to vulnerable groups (women headed households,
elderly and disabled) to prevent being worse after relocation.
f. Community facilities damaged or displaced by proposed civil works should be replaced/
repaired at cost by the subproject proponent.
g. Document all issues related to RAP. A project cannot be considered complete when there
are outstanding compliance issues and these should be subject to supervision activities.

For detailed guidance particularly on compensation, see Attachment 5 of this framework.

All land transactions should be registered with the Registry of Deeds for annotation in the title
of subject property.

Subproject Responsible
Tasks When
Stages Unit
1. Screening Identify which of the Subproject During the
subprojects will have proponent to project
involuntary accomplish Project development
resettlement impacts Screening Form 1
using the Project and NPC to
 Screening Form 1 accomplish Project
(Annex D of the Screening Form 2.
ESSF) and Project NPC to submit copies
Screening Form 2 of the completed
(Annex E of the checklists to World
ESSF) Bank as
part of the periodic
monitoring report
2. Preparation Using Attachment 2 of Subproject Feasibility Study
of RAP this framework, proponent. stage
determine if full RAP
(Attachment 3) or
abbreviated RAP
(Attachment 4) is
required.

Conduct consultation
with DPs for the
identification of fair and
just interventions,

Coordinate with LGUs

and other entities for
role clarifications and
availability of required
resources.
3. Implementation Conduct activities in Subproject Prior to
accordance with the proponent in implementation
RAP cooperation with of subproject.
LGUs and other
relevant agencies
and organizations
4. Monitoring Submit progress Subproject Prior to
and report on the RAP proponent issuance of
Evaluation implementation to proof of
NPC installation /
operation
Submit report on NPC
subproject
proponents
compliance with RAP
to World Bank .
VIII. Public Consultation

Subproject consultation will start when the subproject proponent has identified the exact
location of the infrastructure and the technical requirements for site selection have been
fulfilled. The stakeholders of the area including the DPs will be fully informed about the
subproject and about the provisions of this Land Acquisition, Resettlement and Rehabilitation
Policy. Discussions will take place in this meeting(s) to solicit suggestions to minimize
impacts to households and ensure that conditions for acquisition of assets are fully understood
by all parties involved. A series of meetings and consultations will follow to cover the
following:

 An orientation on the Decentralized Rural Electrification Project and its Components X

Subproject proposal, its benefits and possible negative impacts
 Location of proposed infrastructure and transmission lines (if applicable) - Schedules
of implementation,
 LARR policy and its implementation arrangements
 Discussions on Compensation for Acquisition of Properties; this may be exclusively
for DPS and in some instances done on a one on one.
 Conditions and documentation requirements for Sale or Donation of specific
properties/assets to be affected
 Grievance mechanisms and processes;
 Meetings to share updates on the developments of the project in general and RAP in
particular including resolutions/ updates on issues and complaints received

Copies of the key information on the Project background, LARR policies and entitlements will
be written in the dialect understood by DPs and distributed among them, preferably before the
public meeting.

When issues have been lodged, a walk-thru to determine its specific location of on the ground
will be arranged by the subproject Proponents. Field verification activities will be conducted
with the technical design engineers present.

All consultation meetings and other activities shall be properly documented.

In the event that a subproject involves acquisition of land and other assets that results to adverse
impacts, NPC shall withhold approval of the subproject unless a compensation package or
Certifications of Waivers in accordance with this document, satisfactory to all concerned, is
agreed upon between the subproject proponent and the owners/tenants of land/asset affected
including those who stand to lose their crops, jobs or sources of income.

The determination of the compensation for each of the affected households can be obtained
from an independent land appraiser who should be consulted to provide the basis for land
valuation at the expense of the proponent when such is the issue.

IX. Supervision, Monitoring and Evaluation

Implementation of the Resettlement action plans/ARAPs will be regularly supervised and

monitored by the respective proponents’ Land Acquisition and Resettlement Committees. The
findings will be recorded in the progress reports to be submitted by subproject proponents to
NPC. Prior to subproject approval which will most probably beyond the time RAP is prepared
and implemented, NPC ensures the completion of accurate information on the following:
  The baseline information of all DPs, the valuation of assets lost or damaged, the provision
of compensation and other entitlements, and relocation have been carried out in
accordance with the provisions of this LARR Policy Framework, the respective inventory
and land acquisition action plans.
 Determine whether the procedures for DPs orientation, consultation meetings,
participation, relocation and delivery of compensation and other entitlements have been
done in accordance with this LARR Policy;
 If legacy issues are found, verify and take follow-up action to ensure that funds for
implementing the remaining actions for resettlement/land acquisition action plans are
provided by the proponent in a timely manner and in amounts sufficient for their
purposes, and those funds are used in accordance with the provisions of the respective
land acquisition and resettlement plan.
 Assess if the objectives on the restoration of living standards and income levels of
displaced persons have been met;
 Gather qualitative and quantitative indications of the social and economic impact of
subproject implementation on the DPs;
 Suggest modifications on the implementation procedures of the inventories and the land
acquisition and action plans, as the case may be, to achieve the principles and objectives
of this document.
 Record all grievances and their resolution and ensure that complaints are dealt with in a
timely manner.

X. Costs and Budget

Each Resettlement and Land Acquisition Action Plans will include detailed costs of acquisition,
compensation and other entitlements, with a breakdown of replacement or rehabilitation costs
for agricultural land, residential land, business land, houses, business and other assets, public
facilities and services, and utilities. The budget will also include adequate provisions for
continuous consultation and information dissemination (production and distribution of materials
containing Project information and the LARR policy) and project supervision to be included for
each subproject package.

XI. Grievance and Redress Mechanism

A Grievance Redress Mechanism of ASEP was established to provide a communication

channel for the affected individuals and/or communities to raise their concerns and complaints
with regards to the environmental and social performance of the project. It aims to provide an
alternative dispute resolution (other than judicial or legal dispute resolution) in a simplified and
mutually beneficial approach to the project implementers and communities. The grievance
mechanism shall be made known during the public consultation and information disclosure to
be able to ensure that the mechanism is acceptable and accessible to all concerned individuals
and/or communities. Information on the grievance mechanism to be disclosed to the general
public shall include the following:

 Scope and delimitations of the mechanism, including the eligibility and non- eligibility
of the complaints or grievances;
 To whom and where can they raise concerns and/or file complaints or grievances; and
 Expected timing and sort of response from the designated grievance officer.

The Public Complaints Section of each of the Electric Cooperatives is primarily responsible in
addressing and resolving all project related concerns and complaints or
grievances received from the affected individuals and/or communities. Each EC shall designate
a Grievance Officer who can receive and respond promptly to the complainants. Provided
below are the duties of the ECs, when handlings concerns and complaints or grievances:

a. Acknowledge receipt without delay, and assure the complainants for a response.
b. Assess and resolve the issue within 15 days from the date it was received.
c. If the concerns and/or complaints are completely outside the scope of the mechanism, the
EC shall provide an explanation including on the alternatives they could use to
appropriately resolve the issue.
d. If the result of the assessment requires the issue to be escalated to NPC and/or WB for
assistance and/or be resolved more than 15 days, the EC shall inform the complainants on
the actions required to be taken and the likely timeline.

The contact information of the designated focal person of NPC to whom the issue may be
escalated is provided below:

The Program Officer: Mr. Rommel U. Mamañgun

E-mail address Office [email protected]
Address National Power Corporation
: BIR Road corner Quezon Avenue, Diliman
Quezon City 1100, Philippines
(02) 8924-5311
Telephone No.

e. The EC shall properly document all the relevant details of the concerns and complaints
received, and the actions taken and shall copy furnish NPC and WB, regularly.

The Project Management Office-NPC shall monitor and closely coordinate with ECs in
handling complaints and grievances to ensure the delivery of appropriate and timely remedies to
the raised concerns and issues. NPC shall maintain a database containing all grievances received
and the status of their resolution. NPC shall also prepare a Grievance Monitoring Report
containing updates on all the project related concerns and complaints received, and actions
taken (if there is any) which shall form part of the semi-annual Environmental and Social
Compliance Report to be submitted to WB.

The following principles will apply to address complaints and grievances in the project:

 Complainants will be exempted from all administrative and legal fees incurred pursuant
to the grievance redress procedures. All such costs will be borne by the respective
proponent.
 All complaints should be written. If received verbally, these shall be properly documented
by the concerned proponent. It shall put all relevant details of complaints and the actions
taken on their respective websites;
 The NPC will appoint a personnel who will be responsible for the monitoring of the
progress of actions on complaints related to the subproject.
 Attachment 1
SUBPROJECT CHECKLIST FOR LAND, PERSONS AND ASSETS AFFECTED

Social Impact Yes No Specify Details

INVOLUNTARY RESETTLEMENT
Land acquisition necessary Indicate land size and land use prior to
project
Households/persons to be Total number of households and total
displaced number of persons
Informal settlers to be displaced Total number of informal settlers and
informal settler families
Legal structures acquired / Number, size, built of structures,
damaged Classification based on use (dwelling,
shop, animal shelter, etc.)
Informal structures to be Number, size, built of structures,
removed Classification based on use (dwelling,
shop, animal shelter, etc.)
People losing means of/access to Total number of households and total
livelihood number of persons
Basic services/facilities that will Number and types of
be inaccessible services/facilities
(Water supply, power connection, road,
school, market, religious center, etc.)

Crops, trees that will be lost / Number and type of crops and trees
damaged
Tenants/lessees losing crops Number of tenants/households and
and /or trees persons losing what type of crop/trees
and the number of crop and trees (e.g. 5
households will be losing 6 mango
trees; 7 households will be losing > 0.5
hectares of
vegetables)
Informal settlers losing Number of informal settlers
crops/trees households
and persons losing what type of crop
and/or tree; and number of crops or
trees
INDIGENOUS PEOPLES
Ancestral domain affected Land area (hectares)
Name of affected ethnic group,
number of households and persons per
ethnic group affected

Indicate impact/effect per ethnic

group
 Attachment 2
PROJECT DATA AND REQUIRED SOCIAL SAFEGUARD DOCUMENTS

No. of Displaced Persons Required Documents

 More than 200 persons  Full Resettlement Action Plan

 Adversely affected ancestral domain  Indigenous Peoples Plan

and indigenous cultural communities
 Less than 200 persons will be relocated or  Abbreviated Resettlement Action Plan
less than 10% of their assets are displaced (ARAP)

 Presence of an ethnic community outside

their ancestral domain which has retained
its indigenous system or way of life  Indigenous Peoples Plan
(different from the mainstream community)
and no adverse impact

 No relocation; impacts are limited to  ARAP; Compensation Plan

temporary disturbances
 Attachment 3
RESETTLEMENT ACTION PLAN OUTLINE

1. Description of the project.

2. Objectives.

3. Social Assessment

The results of a census survey covering:

 Current occupants of the affected area to establish a basis for the design of the
resettlement program and to exclude subsequent inflows of people from eligibility for
compensation and resettlement assistance;
 Standard characteristics of displaced households, including a description of production
systems, labor, and household organization; and baseline information on livelihoods
(including, as relevant, production levels and income derived from both formal and
informal economic activities) and standards of living (including health status) of the
displaced population;
 The magnitude of the expected loss—total or partial—of assets, and the extent of
displacement, physical or economic;
 Information on vulnerable groups or persons as provided for in WB OP 4.12, para. 8,
for whom special provisions may have to be made; and
 Provisions to update information on the displaced people's livelihoods and standards of
living at regular intervals so that the latest information is available at the time of their
displacement.
 Public infrastructure and social services that will be affected; and
 Social and cultural characteristics of displaced communities, including a description of
formal and informal institutions (e.g., community organizations, ritual groups,
nongovernmental organizations (NGOs)) that may be relevant to the consultation
strategy and to designing and implementing the resettlement activities.

4. Legal framework.

 The applicable legal and administrative procedures, including a description of the

remedies available to displaced persons in the judicial process and the normal timeframe
for such procedures, and any available alternative dispute resolution mechanisms that
may be relevant to resettlement under the project;
 Gaps, if any, between local laws covering eminent domain and resettlement and the
Bank's resettlement policy, and the mechanisms to bridge such gaps; and
 Any legal steps necessary to ensure the effective implementation of resettlement activities
under the project, including, as appropriate, a process for recognizing claims to legal
rights to land—including claims that derive from customary law and traditional usage
(see WB OP 4.12, para.15 b).

5. Institutional Arrangement.
 The identification of agencies responsible for resettlement activities and NGOs that
may have a role in project implementation;
 An assessment of the institutional capacity of such agencies and NGOs; and
 Any steps that are proposed to enhance the institutional capacity of agencies and NGOs
responsible for resettlement implementation.
6. Eligibility

Definition of displaced persons and criteria for determining their eligibility for compensation
and other resettlement assistance, including relevant cut-off dates.

7. Valuation of and compensation for losses computed at replacement value

8. The methodology to be used in valuing losses to determine their replacement cost

9. Resettlement measures

This describes the package of compensation and other resettlement measures that will assist
each category of eligible displaced persons to achieve the objectives of the RAP. In addition
to being technically and economically feasible, the resettlement packages should be
compatible with the cultural preferences of the displaced persons, especially if they are IPs,
and prepared in consultation with them.

10. Site selection, site preparation, and relocation

Alternative relocation sites considered and explanation of those selected

11. Housing, infrastructure, and social services

 Plans to provide (or to finance resettles' provision of) housing, infrastructure (e.g., water
supply, feeder roads), and social services (e.g., schools, health services); and
 Plans to ensure comparable services to host populations; any necessary site development,
engineering, and architectural designs for these facilities.

12. Environmental protection and management

A description of the boundaries of the relocation area; and an assessment of the

environmental impacts of the proposed resettlement and measures to mitigate and manage
these impacts (coordinated as appropriate with the environmental assessment of the main
investment requiring the resettlement).

13. Community participation and integration with host community

 Description of the strategy for consultation with and participation of resettlers and hosts
in the design and implementation of the resettlement activities;
 A summary of the views expressed and how these views were taken into account in
preparing the resettlement plan;
 Arrangements for addressing any conflict that may arise between resettlers and host
communities; and
 Any measures necessary to augment services (e.g., education, water, health, and
production services) in host communities to make them at least comparable to services
available to resettlers.

14. Grievance procedures.

Affordable and accessible procedures for third-party settlement of disputes arising from
resettlement; such grievance mechanisms should take into account the availability of judicial
recourse and community and traditional dispute settlement mechanisms.
 Attachment 4
ABBREVIATED RESETTLEMENT ACTION PLAN

An abbreviated RAP covers the following minimum elements:

1. Census survey of displaced persons and valuation of assets

2. Description of compensation and other resettlement assistance to be provided
3. Consultations with displaced people about acceptable alternatives
4. Institutional responsibility for implementation and procedures for grievance redress
5. Arrangements for monitoring and implementation
6. Timetable and budget
 Attachment 5
COMPENSATION AND ENTITLEMENT TABLE

Type of Loss Application Entitled Person Compensation / Entitlement

1. Arable Land Actual area Category A - For the portion of land needed:
needed by the Owners with full
Cash compensation at replacement cost for
project and the title, tax declaration
the land, as determined by a licensed
remaining land is or who are covered
independent appraiser using internationally
still economically by customary law
recognized valuation standards
viable (e.g. Possessor’s
rights, usufruct) or
Cash compensation for perennials of
other acceptable
commercial value as determined by the
proof of ownership
DENR or the concerned appraisal
committee.

DP will be given sufficient time to

harvest crops on the subject land
Category B - DPs For the portion of the land needed:
without title, tax
DP will be given time to harvest crops
declaration, or are
not covered by
Cash compensation for perennials of
customary law or
commercial values as determined by
other acceptable
DENR or the concerned appraisal
proofs of ownership
committee.

Financial assistance to make up for the

land preparation in the amount of Php 150
per sq.m.
Remaining land Category A Cash compensation at replacement cost for
becomes the land as determined by a licensed
economically not independent appraiser using internationally
viable (i.e. DP recognized valuation
losing >20% of standards ; or, if feasible, ‘land for land’ will
land holding or be provided (a new parcel of land with an
even when losing equivalent productivity, located at an area
<20% but the acceptable to the DP and with long term
remaining land is security of tenure.
not economically
viable anymore) Subsistence allowance of Php 15,000 per ha.

DP will be given time to harvest crops

Cash compensation for perennial of

commercial value as determined by
DENR or the concerned appraisal
committee.

If relocating, DP to be provided free

transportation

Rehabilitation assistance (skills training and

other development activities) equivalent to
Php 15,000 will be provided
 in coordination with other government
agencies if the present means of livelihood
is no longer viable and the DP will have to
engage in a new income activity.

Category B Financial assistance equivalent to the average

annual gross harvest for the past 3 years but
not less than Php 15,000

DP will be given sufficient time to harvest

crops

Cash compensation for perennials of

commercial value as determined by the
DENR of the concerned appraisal
committee

Financial assistance to make up for land

preparation in the amount of Php 150 per sq.
m.
If relocating, DP to be provided free
transportation

Rehabilitation assistance equivalent to Php

15,000 will be provided in coordination
with other government agencies if the
present means of livelihood is no longer
viable and the DP will have to engage in a
new income activity.

Category C - Per RA 6389 and EO 1035

Agricultural lessees
Disturbance compensation equivalent to five
times the average gross harvest on the land
holding during the five preceding years but
not less than Php 15,000

Rehabilitation assistance equivalent to

Php 15,000
Temporary use All DPs Compensation to be provided for loss of
of land income during the period, standing crops,
cost of soil restoration and damaged
structures
2. Residential Actual area Category A For the portion of the land needed:
land and or needed by the
Commercial subproject and the Cash compensation at replacement cost for
land remaining land is the land as determined by a licensed
still viable for independent appraiser using internationally
continued use recognized valuation standards.

Cash compensation for perennials of

commercial value as determined by the
DENR of the concerned appraisal
committee
 Remaining Cash compensation at replacement cost for
residential or the land as determined by a licensed
commercial independent appraiser using internationally
land becomes recognized valuation standards as provided
not viable for in 2.b and 2.q of this Policy.
continued use
‘Land for land’ will be provided in terms of a
new parcel of land of equivalent productivity,
at a location acceptable to the DP, and with
long-term security of tenure. The replacement
land should be of acceptable size under zoning
laws or a plot of equivalent value, whichever
is larger, in a nearby resettlement with
adequate physical and social infrastructure.
When the affected holding is larger in value
than the relocation plot, cash compensation
will cover the difference in value.

Cash compensation for perennials of

commercial value as determined by the
DENR of the concerned appraisal
committee

If relocating, DP to be provided free

transportation

Temporary use All DPs Compensation to be provided for loss of

of land income during the period, standing crops,
cost of soil restoration and damaged
structures
3. Main Structure with Owners of structure Compensation in cash for affected portion of
structures or without a with full title or tax the structure including the cost of restoring
(e.g. house, building declaration to the the remaining structure as determined by the
shops etc) permit, partially land or those who are concerned appraisal committee with no
affected and the covered by deduction for salvaged building materials.
remaining customary law
structure is still DPs that have business affected due to partial
viable for impact on the structure are entitled to a
continued use. subsistence allowance for the loss of income
during the reconstruction period.

Owners of structures, Compensation in cash for affected portion of

including shanty the structure including the cost of restoring
dwellers in urban the remaining structure as determined by the
areas, have no title or concerned appraisal committee with no
tax declaration to the deduction for salvaged building materials.
land or other
acceptable proof of Shanty dwellers in urban areas who opt to go
ownership. back to their place of origin or to be shifted to
government relocation sites will be provided
free transportation

DPs that have business affected due to partial

impact on the structure are entitled to a
subsistence allowance for the loss of
income during the reconstruction period.
 (to be computed by the Land
Acquisition/Resettlement Committee)

Professional squatters will not receive

compensation but they can collect their
salvaged materials
Renters of structures Give 3 months notice on the schedule of
including renters of demolition
shanty in the urban
dwelling in the urban If shifting is required, DP is given transitional
area allowance equivalent to one month rent of a
similar structure within the ROW

For house tenants renting outside of, or within

the ROW, and who have to transfer
elsewhere, free transportation will be
provided
Renting shanty dwellers in urban areas who
opt to go back to their place of origin in the
province or be shifted to government
relocation sites will also be provided free
transportation

Entire structure Owners of Compensation in cash for the entire structure

affected or when structures with full at replacement cost as determined by the
the remaining title or tax concerned appraisal committee without
structure becomes declaration to the deduction for salvaged building materials
not viable for land or those who
continued use are covered by Inconvenience allowance of Php 10,000 per
with or without a customary law. DP
building permit

DPs that have business affected due to the

severe impact on the structure are entitled to a
subsistence allowance for the loss of income
during the reconstruction period.

Free transportation if relocation is

necessary

Rehabilitation assistance in the form of skills

training and other development activities and
equivalent to Php 15,000 will be provided in
coordination with other government agencies
if the present means of livelihood is no longer
viable and the DP will have to engage in a
new income activity.

Professional squatter will not receive

compensation but they can collect their
salvageable materials
 Renters of structures Given 3 months notice on the schedule of
including renters of demolition If shifting is required, DP is
shanty dwellings in given transitional allowance equivalent to
urban areas one month rent of a similar structure within
the area.
For house tenants renting outside of, or
within the ROW, and who have to transfer
elsewhere, free transportation will be
provided

Renting shanty dwellers in urban areas who

opt to go back to their place of origin in the
province or be shifted to government
relocation sites will also be provided free
transportation

Rehabilitation assistance in the form of skills

training and other development activities and
equivalent to Php 15,000 will be provided in
coordination with other government agencies
if the present means of livelihood is no
longer viable and the DP will have to engage
in a new income activity.

4.Independent Shops with or Owners of structure Compensation is cash for affected portion of
shops without building with or without full the structure, including the cost of restoring
permit, partially title of tax the remaining structure as determined by the
affected and the declaration to the concerned appraisal committee with no
remaining land or those who are deduction to salvaged building materials.
structures are still covered by
viable for customary law. DPs will be entitled to transitional
continued use allowance to cover for their computed
income loss during the demolition and
reconstruction of their shops, but not to
exceed a period of one month.

Renters (tenants) of Shop renters will be entitled to a transitional

affected shops allowance to cover for their computed
income loss during the period that their
business is interrupted.
Entire shop Owners of structure Compensation in cash for the entire
affected or when with or without full structure at replacement cost as
the remaining title of tax determined by the concerned appraisal
structure becomes declaration to the committee without deduction for salvaged
not viable for land or those who are building materials.
continued use covered by
with or without customary law. Subsistence allowance of Php 15,000 to
building permit each DP.

Free transportation if relocating

Rehabilitation assistance in the form of skills
training and other development activities and
equivalent to Php 15,000 will be provided in
coordination with other government agencies
if the present means of livelihood is no
longer viable and the DP will have to engage
in a new income activity.

Professional squatter will not receive any

compensation but they can collect their
salvageable materials.
 Renters (tenants) of Given 3 months notice on the schedule of
affected shops demolition

Shop renters will be entitled to a transitional

allowance to cover for their computed
income loss during the period that their
business is interrupted, but not to exceed a
3-month period.
5. Other fixed Loss of, or DPs Cash compensation for affected portion of
assets or damage to, the structure including the cost of restoring
structures affected assets, the remaining structure, as determined by
partially or the concerned appraisal committee, with no
entirely depreciation or deduction for salvaged
building materials.

6. Electric and Loss of, or DPs Compensation to cover cost of restoring the
or water damage to, facilities
connection affected assets,
partially or
entirely
7. Public Loss of, or Concerned Compensation in cash at replacement cost
facilities damage to, agencies to respective agencies
public
infrastructure