Southeast Asia Transport Project Preparatory Facility Phase 2 - Social Safeguards (IGCRMSP) - Individual Consultant

Project: Southeast Asia Transport Project Preparatory Facility Phase 2 - Social Safeguards (IGCRMSP)Duration: 132 Working Days
Consulting Services Budget: USD82,677Approval Number9925Approval Date20-Dec-2019Estimated Commencement Date31-Mar-2025Open to non-Member Countries Yes NoAdditional InformationPossibility of contract extensionIn general, ADB consulting contracts may be extended to a reasonable degree when doing so is justified within ADB's core procurement principles. Any extensions are subject to operational needs, consultant performance, and continued availability of funds.Specific considerations for this assignment, if any, are discussed here:1. The Department of Public Works and Highways (DPWH) has secured financing from the Asian Development Bank (ADB) for the Improving Growth Corridors in Mindanao Road Sector Project (IGCMRSP) (\"the Project\"). The Project was approved on 14 December 2017 and became effective on 23 March 2018. In accordance with ADB’s Safeguard Policy Statement (SPS) 2009, the Project is classified as Category A for Involuntary Resettlement (IR) and Category B for Indigenous Peoples (IP). Since IGCMRSP is a sector project, a combined Resettlement Framework and Indigenous Peoples Planning Framework was prepared to guide the development of Resettlement Plans (RPs) for subprojects during implementation. As of 31 December 2024, 11 subprojects have been approved and are under implementation: : (i) PR 07: Tampilisan-Sandayong Road; (ii) PR 06: Alicia-Malangas Road; (iii) PR 09: Lutiman- Guicam- Olutanga Road; (iv) PR 09a: Guicam Bridge; (v) PR 01a: Gutalac- Balaguian Alternate Road; (vi) PR 08: R.T. Lim-Siocon Road; (vii) PR 12: Curuan- Sibuco Road; (viii) PR 13: Siay- Gapol Road; (ix) Bridge 1: Nalil- Sikkiat Bridge; (x) Bridge 2: Tongsinah-Paniongan Bridge; and (xi) Bridge 3: Malassa- Lupa Pula Bridge have been approved and are being implemented. Each of these subprojects is implementing its respective Resettlement and Indigenous Peoples Plans (RIPPs) to mitigate and compensate for IR and IP-related impacts. B. Implementation Issues. Most of the IGCMRSP subprojects are currently under implementation. Regarding social safeguards, since the project's inception in 2018, only 19 out of 824 affected lots (2.3%) have been fully compensated at 100% of the replacement cost . This slow progress is primarily due to various challenges in the land acquisition process, as reported by the Project Right-of-Way (ROW) Acquisition Team. These challenges include: a) Failure of PAPs to submit the required land documents. A major challenge in the land acquisition process is the inability of PAPs to secure and submit the required land documents, such as the Special Power of Attorney (SPA), Certified True Copy of the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT), Extrajudicial Settlement of Estate (EJSE), tax clearance, and other supporting records. The primary reason for this delay is the financial hardship faced by many PAPs. Before DPWH can process their compensation, PAPs must cover the costs of obtaining these documents, which often proves to be a significant burden. These expenses include: (i) Food, accommodation, and transportation costs—For instance, a landowner from PR-08 must travel to Dipolog City, where key government offices (e.g., Register of Deeds, Bureau of Internal Revenue, and Department of Agrarian Reform) are located. A one-way public transportation fare alone costs approximately PhP 1,000. Estate tax payments—Many landowners are heirs of deceased predecessors and must settle estate taxes before their claims can be processed. b) Extra Judicial Settlement of Estate and family conflict among landowners. In cases where the registered landowners have passed away, a Judicial or Extrajudicial Settlement of Estate (EJSE) must be executed to determine the rightful heirs and distribute ownership shares. Opting for an extrajudicial process can simplify matters, provided that all heirs cooperate, as it avoids lengthy and costly court proceedings. However, one of the major challenges faced by PAPs is family disputes among heirs. If conflicts remain unresolved, securing the required EJSE becomes difficult, further delaying the land acquisition process. c) Long distances and long-time travel from the residence of PAPs to the concerned government agencies. In addition to the high costs of securing land documents, PAPs face challenges due to the long distances and lengthy travel times required to reach relevant government agencies, such as the Bureau of Internal Revenue, Registry of Deeds, Department of Agrarian Reform, Department of Environment and Natural Resources, and Local Government Units (LGUs). To reach these offices on time, PAPs often have to leave their homes as early as 2:00 AM to arrive by the 8:00 AM opening. Despite transportation assistance provided by the DPWH ROW Team in coordination with the LGU, the travel time can take 8–10 hours (one way). Additionally, landowners are often unable to complete all necessary transactions on a single visit, requiring multiple trips and further delays. d) Uncooperative or Unidentified Landowners. Some landowners are either uncooperative or cannot be identified or located. Uncooperative landowners are often unwilling to secure proof of land ownership because the cost of processing the required documents exceeds the compensation they would receive. Meanwhile, despite multiple attempts to locate certain landowners, some remain unidentified or unreachable. In such cases, DPWH is considering expropriation as an alternative. e) Inadequate manpower and logistics for DPWH-ROW Operation. The DPWH-ROW team is responsible for land acquisition and resettlement for eight sub-projects in the Zamboanga Peninsula, including three core and five non-core projects. Given the extensive scope and complexity of these processes, the team requires additional manpower and resources—such as vehicles, laptops, and projectors—to operate efficiently. Strengthening the DPWH-ROW team’s capacity will help ensure the timely and effective implementation of the project. f) Lack of Implementation of Green Lane by Concerned Government Agencies. Although some government agencies have designated green lanes for the project, the practice of prioritizing these lanes is not being consistently implemented. 2. In addition to ROW land acquisition issues, another concern is the unclear or unknown status of the Livelihood Restoration Program (LRP). Key details such as the finalization of the LRP, formation of the LRP committee, coordination/MOA with agencies, disclosure of the LRP to affected households (AHs), LRP schedule, and LRP budget need to be determined at this stage. Possibility of consideration for downstream assignment Yes No Not knownCountry of assignmentPhilippinesCountry of eligibility for national consultantsSame as country of assignmentIndividuals of ADB member countries who have appropriate authorization to legally reside and work in the country of the assignment but do not hold the nationality of that country may also be considered as national consultants.Contact InformationProject OfficerWitoon TawisookDesignationPrincipal Transport SpecialistAsian Development BankEmailwtawisook@adb.orgContact Person for InquiriesFaela SufaDesignationTransport SpecialistAsian Development BankEmailfsufa@adb.org

CSRN Additional Information / AttachmentsTitleTypeDescriptionCategoryLast Updated ByLast UpdatedUpdateDeleteTERMS OF REFERENCE FOR CONSULTANTFileTOR - Social SafeguardsCSRN Additional InformationSYSADMIN12-Mar-2025

AgenciesPrimaryAgencyCountryAgency RoleContact PersonView Details Asian Development BankRegionalExecuting AgencyWitoon Tawisook

Publishing HistoryTypePublication DatePublished ByDuration of AdvertisementDeadlineView RemarksOriginal12-Mar-2025Mary Ann Jobelle L. Ponce7 DAYS18-Mar-2025Copyright (c) 2006, Oracle. All rights reserved.