2012

CASE STUDY

Barangay Talisay Bontoc Southern Leyte

Researchers

Engr. Polcomar P. Canonce Engr. Rodrigo C. Tomaub

Mr. Chesterton O. Reyes

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Table of Contents

Page

Executive Summary ...................................................................... 5

1. Title and introduction (rationale/background, objectives,

significance) ............................................................................. 7

2. Methodology ............................................................................ 9

3. Results and Discussions ........................................................ 14

4. Implications and Recommendations ..................................... 26

5. Reflections ............................................................................... 26

6. Literature Cited ........................................................................ 26

7. APPPENDICES ......................................................................... 27

a. Letter of CENRO regarding RPA issues

b. Interview Schedule or Questionnaire

c. Pictures (if available)

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List of Tables

Table 1. CONFLICT PROFILE OF BARANGAY TALISAY BONTOC, SOUTHERN LEYTE

List of Figures

Figure 1 Map of Barangay Talisay, Bontoc, Southern Leyte

Figure 2 Conflict Tree

Figure 3 Conflict Resolution Tree

Figure 4 Conflict Map

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Executive Summary

" angrove forest is also known as the “rainforest of the sea.” It grows well

in tropical countries, including the Philippines. Mangroves are an important

part of the coastal and marine ecosystem that includes the sea grass and the

coral reefs. Of the world’s more than 70 mangrove species, around 46

species are known to occur in various parts of the country."1

The mangrove areas in Barangay Talisay Bontoc Southern Leyte is the subject matter of the case study at hand. Issues or conflicts of varying degree and scale is happening for a quite a long period of time already. THE Department of Environment and Natural Resources (DENR) through the Community Environment and Natural Resource Office based in Maasin City, the provincial capital of Southern Leyte has for several decades already continue to issue Revocable Permit Application (RPA) to occupants of foreshore lands without really monitoring as to whether or not their issuances were followed as what the law provides. The law stipulates in the supreme court decided case that of G.R. No. L-22763 March 18, 1983, BRUNA ARANAS DE BUYSER, plaintiff-appellant, vs. DIRECTOR OF LANDS, IGNACIO TANDAYAG and CANDIDA DE TANDAYAG, defendants-appellees. in paragraph 14 thereof states and to quote;

"The rationale behind the grant of revocable permit was propounded by the Attorney General in his opinion of July 24, 1920, in this wise:

The lease of reclaimed lands and of the foreshore was formerly provided by Act No. 1654. Under said Act, said lands could only be leased in the manner and under the conditions provided by the said law. No revocable permits were allowed. Then Act No. 2570 was passed amending Sec. 5 of Act No. 1654 so as to authorize the temporary use of the foreshore under a revocable permit. This measure was apparently deemed necessary as well as expedient in order to legalize the habitual use of the coast and shores of these islands by the people, who had erected thereon light material houses and dwellings, temporary structures used in connection with fishing and other maritime industries, as well as to authorize the provisional occupation and use contemplated by the law providing for its format lease. The countless houses and provisional constructions that fringed the shores of the archipelago especially in Mindanao, and the constant and every day use and occupation of the foreshore by the people in fishing, salt and other industries common to the sea, as above stated, evidently prompted the legislature to all the temporary use of the foreshore in this manner by means of revocable permit.

1 http://www.denr.gov.ph/index.php/component/content/article/52.html

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Clearly from the above, that RPA grants only building of light material houses and that it is temporary in nature.

Thus based on the findings of the research case study, RPA as a form of user preferential right over the occupation of parcel lot in mangrove areas in Barangay Talisay is not according to the appropriate interpretations and that CENRO is not closely monitoring the area such that increasing number of settlers are already inhabiting the area while the mangrove covers are already depleted.

The case study got the Revocable Permit Application holder as respondents and also the Barangay Captain of Barangay Talisay Hon. Ramon MAglinte and one (1) Sangguniang Bayan member in the person of Hon. Cleofe Abenion.

The researchers were able to surface out relevant data of the conflict and analyzed it using the workshop on the construction of the Conflict Tree, Conflict Resolution Tree, Conflict Historical Timeline and the Conflict Mapping as tools for analysis.

Then the recommendation of this study is to come up with a Co-Management Agreement to be entered into by the Local Government Unit of Bontoc and The DENR through the CENRO.

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2. Title and introduction (rationale/background, objectives,

significance)

Land conflict always occurs since land offers many uses like a place to

build a home, food production for ones consumption, area for recreation and

so many other uses. Since land is limited and finite resource and its demand

is high due to population increase, degradation, land conversion, as well as

the demands of new interests groups for agricultural land, forests and water

resources conflict always arise.

Conflict is defined as a social fact in which at least two parties are

involved and which roots are differences in social condition or different

interest (Imbusch 1999). It arises when an individual, group or entity blocks

the interest or goal of another individual, group or entity.

In an analysis of an international study, it has been noted that in many

developing countries, land conflicts are one of the major problems leading to

inefficient land management and unsolved land tenure issues. As a result of

lack of regulatory policies in administrative, legislative, institutional and

financial frameworks, communities are suffering from negative consequences

of land-related conflicts in social, ecological, economic and physical

environments. By different overlapped interests and benefits to manage, use

and transfer the land, the conflicts restrict efficient sustainable land use and

property rights (Kirbay, 2003).

In Barangay Talisay, Bontoc, So. Leyte conflicts arise as DENR

facilitates in the application of Revocable Permit Application (RPA) in

mangrove areas which in the opinon of the LGU should have been protected.

Although there was no Revocable Permit issued by the DENR to the

applicants, DENR failed to informed the applicants of their rights, restrictions

and responsibilties over the lot they applied. Due to this RPA residents are

building their permanent homes in the mangrove areas without locational

clearance and building permits from the LGU.

The case study was prepared and presented as a requirement in the

Land Conflict Management Subject of the DLAM course.

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Profile of the Municipality of Bontoc:

Bontoc is a fourth income class municipality with a population of 28,535

(NSO 2007 Census) having a total land area of 11,985 hectares

(LMB/DENR). It became a Municipality by virtue of RA 522 dated June 15,

1950 and separated from its mother municipality of Sogod, So. Leyte.

Land Uses : Built-up Area - 162 has

Agricultural - 7,594 has Agro-industrial - 8 has

Forest Land - 2,801 has Open Grassland - 1,086 has Open water spaces - 175 has Swamps - 17 has Road Network - 142 has

Profile of Barangay Talisay: Population = 1,605 (2007 NSO) No. Households = 305 Present No of HH = 380

RPA Holder = 17 Tax Dec = 13 Informal Settlers = 350 Land Area = 147.31has

Pls. compute other land classification base on the map e mailed to you Other facts:

1980 - Cadastral Survey conducted 1983 - Approved 1985 - RTD Felipe Sison of Land Mangement Service Cancelled approved suvey of 158 lots since the Lots are under water during high tide 1991 - The LGU thru SB Res. No. 151, S-1991 Recommended to cancell 36 more lots still Submerged with water for the establishment Of Municipal Park and Sport Center. These lots Are included in the earlier lots cancelled 1992 - Approved Cadastral Survey use in Tax Mapping 1994 - Occupants of lots cancelled stop paying real Property of land 2005 - Remegio Lampong filed a case (Plaintiff) vs. 20 Persons occupying the land he bought (with tax Dec) but was included in the cancelled lots. The

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Former Cendro Fedel Adal, Paul Valdez Mun. Assesor, the Prov Assesor and 17 others were the Respondents 2012 Owners of permanent buildings/res bldg with Taxable houses continue paying real property tax To the LGU

3. Methodology

a. Locale (selection process, map, description)

The case study at hand deals with land conflict event that

happened at the mangrove areas of Barangay Talisay, Bontoc,

Southern Leyte. The area being a mangrove area is a public

land which is under the mandate of the Department of

Environment and Natural Resources (DENR). Several

occupants settled in the area as early as around the decade of

sixties (60's) on the basis of a Revocable Permit Application

(RPA) being granted by the DENR by virtue of Act No. 3077 on

the precondition that the same shall be good for one (1) year

and renewable every year. These settlers were then given

sketches of their apportioned lots until years passed that

expansion of settlement over the years happened that these

people have begun asserting their rights more than what is

allowed by them by the RPA. The conflict occurred when some

of the residents have contemplated to secure Locational

Clearance from the Municipality of Bontoc so as they can build

permanent structure made of strong materials and to secure in

effect their vested claims over the lot where there houses were

built.

Below is the existing Settlement & Infrastructure Map at the said

area;

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Figure 1 Map of Talisay Bontoc Southern Leyte

As can be seen from the above map, occupants have been

increasing overtime and only few households have bothered to

secure RPA from DENR while majority of them are informal

settlers in that area. The bad side of it is that settling at said

foreshore land is not only in total disagreement with the specific

land use of the area that is to be a foreshore mangrove area but

also building up permanent structure unmindful of any

restrictions the law has set forth for foreshore lands.

b. Samples and sampling procedures

The researchers upon preliminary gathering of information found

out that there are only 12 residents who seriously took effort to

apply for a Revocable Permit Application (RPA) from the

Provincial Environment and Natural Resource Office (CENRO)

out of the 367 total number of residents and that these people

were the ones who also made attempts to secure Locational

Clearance from the Deputized Zoning Administrator in the

person of Engr. Rodrigo Tomaub the Municipal Planning and

Development Coordinator (MPDC) of the town of Bontoc. The

researchers then decided to take the 12 RPA applicants holder

to be the respondents of this Case Study since other residents

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are just informal settlers and in effect are free riders of the total

user of the foreshore area in Barangay Talisay.

The researchers have asked also the Barangay Chairman

Ramon Maglinte and one Sangguniang Bayan member Hon.

Cleofe Abenion the Chairperson of the Committee on

Environment to be the respondents for the case at hand.

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c. Data gathering technique (s) and instrument(s)

The gathering of data, the researchers went to the area after

securing permission from the Barangay Captain of Barangay

Talisay in the person of Chairperson Ramon Maglinte. The

respondents were informed that the Case Study will be

conducted in the area for the land conflict management for

mangroves or foreshore area at their place and that they will be

going to answer questions in relation to their settlement in the

said area.

The instruments used for data gathering were Focus Group

Discussion (FGD) and Interview Questionnaires as this type of

method is the more convenient and more in depth

methodologies. During the FGD, the respondents were gathered

at the Barangay Hall and informal conversations transpired and

the discussion centered on the RPA as a proof of permission

from a government agency to occupy a certain parcel of land in

the foreshore area. After which, interview questionnaires survey

was done for the total respondents who have managed to

accommodate the researchers.

Also in conflict typology determination, the researchers used

conflict timeline by drawing out the span of years where

important conflicting or inspiring events were able to surfaced

out from the activity and were recorded out.

The researchers also told the respondents to draw out the

Conflict Tree wherein all the root causes are to be identified at

the roots of the tree, the main problem is to be determined and

be labeled with the trunk of the tree while the effects of the

problem are to be placed in the leaves and branches of the tree.

Conversely, the Conflict Resolution Tree was also determined

by placing all possible solutions to the root causes at the base of

the tree where the roots are located. The trunk of the tree is to

be labeled with the main solution to the given conflict in the

foreshore area while the leaves and trunks are the effects of the

solution to the environment and to the community.

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d. Data analysis

1. Focused Group Discussion (FGD)

The researchers were able to notice that the Revocable

Permit Application (RPA) being issued by the CENRO is not

duly signed by the issuing officer and that no seal or

indication of approval was being stamped in the RPA

Certification paper but only a documentary stamp is

attached. Both the respondents and the researchers are in a

quandary as to whether or not the RPA is valid already since

they have paid the necessary payment for it. One respondent

pointed out that with the numerous informal settlers around

who do not even bother to secure permit from the CENRO

nor seek assistance from the LGU, the government then

seems to ignore the problems in the said area. Moreover,

since there was a time also that the DENR have classified

the area previously to be Alienable and Disposable (A & D)

but was reverted back to Foreshore area conflicts against

private occupants versus private occupants have been

observed also. The Local Treasury Office of Bontoc

according to one of the Respondents has been collecting

Real Property Taxes (RPT) even when the said area was

reverted back to foreshore area. This again has conflict

against local government and the state (national

government) through the DENR.

2. Key Informant Interview Survey Questionnaire

Out of the 12 RPA holder who made an attempt to secure

locational clearance from the Deputized Zoning

Administrator, 5 have managed to be interviewed by the

researchers. Both SB Abenion and Barangay Chairman

Maglinte took effort to provide answers to the questions at

hand.

From the interview findings, the following main points were

noticeable;

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DENR thru CENRO is issuing RPA without really

explaining to the applicant the scope of the permit

(e.g. the restrictions on the materials for house

construction)

There are increasing number informal settlers or the

free riders or those who are utilizing the public land at

a free cost notwithstanding the negative externalities

of utilizing the resources. (e.g. pollution)

3.Activity Workshops to Analyze the Conflict

The next activity that the researchers asked from the

respondents were for them to be oriented on the different tools

and techniques and analyzing conflicts. The activity was done

through actual workshops whereby the researchers acted as

facilitators of the processes that were undertaken such as the

following;

The Conflict Tree - The activity was explained using the

combination of the Visayan dialect and the English

language. The facilitator did the drawing and the activity

orientation while the participants started to give first hand

insights.

The Conflict Resolution Tree - The activity again was

done through the same process as explained in the first

workshop with some variations from the first workshop.

The Historical Timeline & Conflict Mapping - The activity

was appreciated by the participants aside from the

symbols and signs to be used that required more time to

be understand by them. When the activity was done they

figured out the visual conflict typology that they are

dealing with.

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4. Results and discussion

The following were the results of the different methodologies used for

the case at hand;

1. The FGD was able to illicit first hand information by surfacing out

information from the respondents based on their unique

experiences such as the application they are securing from the

CENRO, the RPA. They were made to pay the required fees but

the CENRO or the approving officer is not affixing the signature

of approval. Further their application was not clear to them as to

whether or not said application was deemed approved or not for

they were not even briefed after the payment was done aside

from the fact that they paid it and the CENRO just stamped their

application with a documentary stamp. Another information they

shared was that previously DENR issued an order declaring 194

lots to be Alienable and Disposable (A & D) but some time

during the 1990's they reverted it back to being a public land.

Some are saying that the Municipality of Bontoc specifically the

Treasury Office is still collecting Real Property Taxes from

several occupants. This is another conflict that surfaced

although it needs further validation from the concerned office.

Another information shared was that some residents are suing

other occupants on the basis of a cancelled real property

declaration issued by the Assessor's office. This is also another

set of conflict between two private occupants of a public land.

The FGD gave the researchers the glimpse of what is the

typology of the conflict that happened in Barangay Talisay. This

scenario can be deduced as a lingering and a very old conflict

that were not even bothered to be touched by the concerned

government agencies. DENR through CENRO is not strictly

monitoring the area despite of the mandate vested on them. The

Municipality of Bontoc is also not prioritizing the resolution of the

case at hand or they are simply accepting the fact that DENR

has the exclusive power to pursue the development or the lack

of it for the said area.

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2. Key Informant Interview

The researchers interviewed 5 applicants of the RPA and 1

Barangay Captain and 1 SB Chairman on Environment. Based

on the set of questionnaires the said respondents have given

the following results;

The type of conflict were that of DENR vs. LGU, LGU

vs. private person and private person vs. private person.

The CENRO is issuing RPAs without validating the

housing materials being used by the residents.

Moreover, CENRO upon the cancellation of the 194 lots

was not able to monitor the increasing housing

population in the area. On the other hand, those RPA

holders who paid their application from the CENRO has

made an attempt to secure Locational or Zoning

clearance believing that the RPA was sufficient enough

for them to secure said clearance. The MPDC who

happens to be one of the researcher did not approve the

application because RPA is temporary in nature and is

not a proof of entitlement of their occupied lots. Third

scenario is that other claimants are still believing that

they are the lawful owner of their occupied lots having

on them the Tax Declaration which was issued when the

said lots were declared as alienable. The conflict was

that those Tax Declaration was not valid anymore

having the reversion order from the DENR. The RPA

holder was being sued by the claimant (The holder of

the tax declaration) for possession issues. This again

showed the gravity of the situation whereby DENR and

the LGU is unmindful of for several years already.

The researchers were able to find out also that an

attempt to resolve the case at hand was initiated by the

DENR with the cooperation of the Municipality of Bontoc

during a barangay assembly conducted for the purpose

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sometime in 2002. The main context of the assembly

was that the DENR will conduct site development survey

prior to the issuance of RPA. CENRO has no other

option but for them to provide RPA without thinking

twice as to whether or not their solution can really

address the increasing number of informal settlers and

the decreasing mangrove cover in the area. The

CENRO has not even bothered to question themselves

how come they are still using RPA as an instrument

when in fact the houses being built by the occupants are

made of strong materials while the remaining mangrove

cover is fast decreasing in the number of areas as

compared from the previous years.

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3. Activity Workshops to Analyze the Conflict

EPEKTO SA MGA PROBLEMA

Strained

Relationships

Less Revenues

for

Barangay/Municipa

l

Insecurity of

Tenure

Hamper

Development

Sayang ang

kwarta gibayad

way klaro nga Bayaran

(Ownership)

MAIN PROBLEM - OWNERSHIP OF PUBLIC LAND IN BARANGAY TALISAY

UGAT SA MGA PROBLEMA

Poverty

(Kalisod)

Ang balay sinunod sa

ginikanan (Sentimental

Value)

Livelihood due to proximity

to Sogod Bay

Increasing number of In-migration

(Dool sa simbahan, eskwelahan ug

Poblacion)

Population Growth Livelihood Expansion

No clear government policies

DENR/LGU

Figure 2 - CONFLICT TREE (Settlement at mangroves area in Barangay Talisay

Bontoc, Southern Leyte

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Figure 1 illustrated the entire conflict variables in terms of finding out

the real and root causes of conflict, what is the conflict all about and

the effects if the conflict will continue to be unresolved. To sum it up,

the main problem as to the respondents side was the ownership of the

land is not clear enough to them because of the intertwined problems

happening and existing for several years already. CENRO cannot

stood firm as to what is their stake at the issues happening in

mangrove areas. The local government on the other hand cannot give

their best effort due to lack of jurisdiction although the area is within the

political boundaries of Bontoc.

The respondents were also amenable that effects of the conflict are

already felt by them and even by the Municipality of Bontoc itself

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Figure 3 - CONFLICT

RESOLUTION TREE (Settlement at mangroves area in Barangay Talisay

Bontoc, Southern Leyte)

Peace of

Mind

Increase Revenues

for

Barangay/Munici

pal

Security of

Tenure

Good

Relationship

w/in the

Community

Conservation of

Natural

Resources

MAIN SOLUTION - CO-MANAGEMENT BETWEEN DENR & LGU

HOW TO SOLVE THE PROBLEM

CLUP/PLUDP

Additional Livelihood

Opportunities

Massive information drive

(Strict enforcement of government

ordinances/policies)

Responsible

Parenthood

Clear government policies

DENR/LGU

Housing

Improvement

s

Increase

Market

Value

Increase

Family Income

Orderly

Planning

BLGU/MLGU

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The above figure (no.2) showed how the problems could be best

addressed. The participants were very positive on the idea of Co-

Management between the DENR and the Municipality of Bontoc. Engr.

Tomaub the MPDC took effort in really discussing the idea to the

respondents since it could be the best remedy for the conflict at hand.

The respondents after hearing it from one of the researcher Engr.

Tomaub, were all looking at the positive side of the things to come if

this new resolution would be put in place. They are all happy because

they can have security of tenure and also they can get more benefits

from the conservation of the remaining mangrove cover. Engr. Tomaub

told them that once this Co-Management Scheme becomes a policy

through the updating of the Comprehensive Land Use Plan which is

due this year, He will already grant those applicants with their zoning

clearance.

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Table 1. CONFLICT PROFILE OF BARANGAY TALISAY BONTOC, SOUTHERN LEYTE

History/Timeline Key Actors

Issues Causes Effects Dynamics Scale Levels

Encroachment of land Revocable Permit Application (RPA)and Informal Settlers (Free Riders) in mangrove areas of Barangay Talisay, Bontoc Southern, Leyte

Brgy. Talisay

1960's -RPA holders -BLGU -MLGU -DENR

Few residents settled at mangrove areas on the basis of RPA issued by DENR.

The area was still unaffected so much by coastal erosion & deforestation activities are still at a small scale only and the RPA restricts applicants to build houses made of strong materials.

-Increased settlers due to in migration -Decreased mangrove covers -erosion & denudation

The first residents are those who were relocated from upland Barangays of Bontoc due to insurgency problems

-local & national

-family -barangay -municipal -provincial -national

1980's DENR BLGU MLGU

Conversion into A & D by DENR happened.

The need for urban settlement expansion due to upland armed conflicts

Decreased mangrove covers

Public safety of Bontoc citizens was the priority pf the government at that time

-local & national

-family -barangay -municipal -provincial -national

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1990's DENR BLGU MLGU

Reversion of 194 lots into timberland

The need to provide safer grounds for affected residents who are vulnerable to flooding, storm surge and typhoons.

Displaced community

The need to have better alternative site for affected families who will be displaced.

Local and national

-family -barangay -municipal -provincial -national

2002 DENR BLGU MLGU

RPA applicants applied Locational Clearance at LGU

The need to have security of tenure.

No clear tenurial rights

Increasing number of residents despite no clear land rights

Local and national

-family -barangay -municipal -provincial -national

2003 DENR BLGU MLGU

DENR together MLGU and BLGU conducted Information Education Campaign (IEC) to the residents for site

Increasing number of informal settlers in the area.

Mangrove area/cover decreasing faster

Increasing number of residents despite no clear land rights

Local and national

-family -barangay -municipal -provincial -national

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development prior to further issuance of RPAs.

Based from the above historical timeline of the conflict events, the first time that people begun establishing settlement was due to

the peace and order situation sometime during the 1960s were armed conflicts was still rampant up to the 1980s. This has pushed

the local government to provide safer settlements at lowlands for a number of families living upland of Bontoc. Due to in migration

and to the proximity of the area to urban goods and commodities, settlement begun to increase as CENRO or DENR this time

continue to grant the old age RPA as an instrument of entitlement to the mangrove area. This RPA as for the researchers point of

view will be useless exercise of the DENR because it cannot stop the people from building permanent structures in the area.

Moreover, DENR cannot also stop those who are building houses which were not securing any form of permits from their office nor

they get it from the Local Government of Bontoc. This if not resolve will hamper economic development of the area and likewise it

will deplete the mangroves of the area and people will be very risky to climate related disasters.

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Figure 4. The Conflict Map (Settlement in Mangrove Areas of Barangay Talisay)

Summary:

Conflict = RPA holders want to secure zoning

clearance from the office of the MPDO & the latter

did not grant it.

(No. of cases - 1)

.

Issue other than people building structures out

of RPA - RPA holder is paying application

without CENRO affixing their signature of

approval for Revocable Permit Application

(RPA) & the applicant is not oriented on the

vested rights inherent to RPA.

(No. of cases-1)

Broken = There are no clear or open

communication lines to open up and resolve the

existing condition in the area.

(No. of cases - 2)

.

Dominance= .There are two influential offices who

can influence change (The Mayor's Office & The

CENRO in terms of enforcing existing laws.

(No. of cases - 2)

.

Allies - There are alliances which can be a good

start up of conflict resolution in an informal &

consensual approach. (No. of cases - 3)

.

Close Ties = There are good communication lines

that if tapped can help smooth things out for

speeding up the

conflict mediation process

(No. of cases - 3)

.

BLGU

Official

s

MLGU

Mayor

DENR CENRO

RPA

HOLD

ER

INFORMAL

SETTLERS

MLGU

SB

MLGU

MPDO

Summary:

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From Figure 4 above, the people or organization who are primary actors of

conflict and those who can help resolve the case are illustrated using the

Conflict Mapping tool. The conflict map above showed that there are more

allies as compared to the conflict and the broken lines as represented by

corresponding symbols. This mean that the problem although it has taken

several years already can really be resolved if the people can closely examine

issues at hand and gather the right people to sit together and devise the

necessary interventions.

From the figure above, The LGU Bontoc through the Officials and the key

technical personnel, the Barangay Talisay Officials, DENR through CENRO

and the residents of the area can come together and come up with the

solution as proposed by one of the researcher in the person of Engr. Rodrigo

Tomaub the Municipal Planning and Development Coordinator (MPDC).

Having a Co-Management Agreement entered into and among the

stakeholders can really be the appropriate intervention from the above

mentioned conflict.

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5. Implications and Recommendations

Integrated Coastal Management through Co-Management scheme with

the DENR and LGU Bontoc - "A Co-Management Agreement is a

relatively new mechanism whereby the responsibility for the

management, development, protection and utilization of a specified

area of forest land, including mangroves, and its forest resources within

the geographic jurisdiction of the LGU or cluster of LGUs is shared

between the DENR and the LGU or cluster of LGUs.

Governing policies: RA 7160; DENR-DILG JMC 2003-01, DENR-DILG

JMC 98-01"2

Currently, LGU Bontoc is updating its Comprehensive Land Use Plan

(CLUP) for the next ten (10) years. Integration of the Forest Land Use

Plan (FLUP) specifically mangrove areas in Bontoc has to include this

recommendations to enable the sustainable management of the marine

resources as well as to reduce vulnerability and exposure to climate

change and natural disasters of those residents in Barangay Talisay

particularly those who are living within the critical foreshore area.

6. Reflections

Both the DENR through PENRO and the LGU concerned have to take

concrete steps to really address foreshore land management in terms

of avoiding informal settlers specially those who are building

permanent structures made of strong materials. The sad part of it is

that mangroves covers are decreasing rapidly so that effects on marine

resources sustainability and pollution control capability will be

significantly affected by such depletion. People in the area will be

highly vulnerable to wave surges and tsunami, typhoons and flooding

compounding the social and economic burdens of the Municipality.

7. Literature Cited

1. Managing the Philippine Foreshore: A Guide for Local

Government Unit EcoGovernance - By Development Alternatives Inc. DENR, USAid, et

al; July 2004

2. www.denr.gov.ph

2 Managing the Philippine Foreshore: A Guide for Local Government Units; EcoGovernance - By

Development Alternatives Inc. DENR, USAid, et al; July 2004

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8. APPPENDICES

a. Letter from CENRO about RPA Issues

b. Interview Schedule or Questionnaire

c. Pictures (if available)

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Letter of CENRO

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Interview Guide for Land Conflict Management

Case: Settlement in Foreshore Area (Mangroves) at Barangay Talisay, Bontoc, Southern

Leyte

Group Members: 1. Polcomar P. Canonce

Rodrigo Tumaob

Chesterton Reyes

Background of the Case: Some residents wanted to apply for Locational Clearance in

the area on the basis of the Revocable Permit Application

(RPA) which DENR issue for any applicants but the LGU does not

want to approve it on the ground that RPA is not a proof of ownership

and is temporary in nature more so that applicants are building

permanent structures made of strong materials a clear violation in

the provisions set forth by said RPA.

1. Were there land conflicts met in the area before/after the project

implementation? ___Yes ___ No

If YES, please fill up the table below.

Question Answers REMARKS

1. Who were involved? Pls. encircle answer.

1.1 state/LGU vs. LGU

1.2 state/LGU vs. private individual

1.3 state/LGU vs. group/institution

2. When did it happen?

3. What was the

conflict all about?

Describe.

4. Why did the conflict

happen?

5. Was there an attempt

to resolve the conflict? Pls. check answer.

___ YES ___ NO

6. When was the

attempt to resolve the

conflict done? (date)

7. Who initiated to

resolve?

-Who were the other

people involved to

resolve the conflict?

8. How was the conflict

resolved?

___ Non-consensual/formal

(Adjudication and Arbitration)

___ Consensual/informal

(Facilitation, Moderation,

Mediation)

>Write a short story

of the case.

>One conflict, one

case.

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9. What were the

results of the resolution

initiative?

10. Who benefited

from the resolution?

Who benefited more?

Less?

Who benefited less?

11. Who were

happy/not happy of the

results?

Who were not happy

of the results?

12. What was the cost

of the conflict

resolution activity/ies?

Cost could be cash

or non-cash (e.g.

lost a friend, etc)

13. Could this/these

conflict/s have been

evaded? Why?

___YES ____ NO

14. What will you

suggest to avoid

this/these conflict/s?

15. Are you willing to

draw a conflict tree and

conflict resolution tree

with me? Who do you

think should participate

in the exercise?

If they are willing,

conduct an exercise

to draw the conflict

tree and the land

conflict resolution

tree

RESOLUTION

16. If given the chance

to suggest solutions to

the conflict, what

suggestions will you

make? How will you

address each root of the

conflict? What

resolution strategy

should be used?

17. What do you think

will be the result if you

will address each root

of the conflict?

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Focus Group Discussion with the Respondents

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