Case Study Bontoc Southern Leyte DLAM
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Transcript of Case Study Bontoc Southern Leyte DLAM
2012
CASE STUDY
Barangay Talisay Bontoc Southern Leyte
Researchers
Engr. Polcomar P. Canonce Engr. Rodrigo C. Tomaub
Mr. Chesterton O. Reyes
Page | 2
Page | 3
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)
Page | 4
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
Page | 5
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
Page | 6
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.
Page | 7
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.
Page | 8
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
Page | 9
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;
Page | 10
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
Page | 11
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.
Page | 12
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.
Page | 13
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;
Page | 14
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.
Page | 15
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.
Page | 16
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
Page | 17
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.
Page | 18
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
Page | 19
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
Page | 20
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
Page | 21
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.
Page | 22
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
Page | 23
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
Page | 24
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.
Page | 25
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:
Page | 26
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.
Page | 27
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
Page | 28
8. APPPENDICES
a. Letter from CENRO about RPA Issues
b. Interview Schedule or Questionnaire
c. Pictures (if available)
Page | 29
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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