Barangay Talisay Bontoc Southern Leyte

2012
CASE STUDY

Researchers Engr. Polcomar P. Canonce Engr. Rodrigo C. Tomaub Mr. Chesterton O. Reyes

Page | 2

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 | 3

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 | 4

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 worlds 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, defendantsappellees. 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.

http://www.denr.gov.ph/index.php/component/content/article/52.html Page | 5

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 | 6

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 | 7

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 Agricultural Agro-industrial Forest Land Open Grassland Open water spaces Swamps Road Network

162 has 7,594 has 8 has 2,801 has 1,086 has 175 has 17 has 142 has

Profile of Barangay Talisay: Population No. Households Present No of HH RPA Holder Tax Dec Informal Settlers Land Area Pls. compute other land classification base on Other facts: 1980 1983 1985 Cadastral Survey conducted Approved RTD Felipe Sison of Land Mangement Service Cancelled approved suvey of 158 lots since the Lots are under water during high tide 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 Approved Cadastral Survey use in Tax Mapping Occupants of lots cancelled stop paying real Property of land 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 | 8 = 1,605 (2007 NSO) = 305 = 380 = 17 = 13 = 350 = 147.31has the map e mailed to you

1991

1992 1994 2005

2012

Former Cendro Fedel Adal, Paul Valdez Mun. Assesor, the Prov Assesor and 17 others were the Respondents 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 | 9

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 | 10

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 | 11

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 | 12

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 | 13

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 | 14

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 | 15

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 | 16

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 | 17

3. Activity Workshops to Analyze the Conflict

Figure 2 - CONFLICT TREE (Settlement at mangroves area in Barangay Talisay Bontoc, Southern Leyte

EPEKTO SA MGA

PROBLEMA

Strained Relationships Insecurity of Tenure Hamper Development

Less Revenues for Barangay/Municipa l Sayang ang kwarta gibayad way klaro nga Bayaran (Ownership)

MAIN PROBLEM - OWNERSHIP OF PUBLIC LAND IN BARANGAY TALISAY

UGAT SA MGA PROBLEMA

Ang balay sinunod sa ginikanan (Sentimental Value) Poverty (Kalisod)

Increasing number of In-migration (Dool sa simbahan, eskwelahan ug Poblacion)

Population Growth

Livelihood Expansion

Livelihood due to proximity to Sogod Bay

No clear government policies DENR/LGU

Page | 18

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 | 19

Figure 3 - CONFLICT RESOLUTION TREE

(Settlement at mangroves area in Barangay Talisay

Bontoc, Southern Leyte)

Peace of Mind Good Relationship w/in the Community Security of Tenure Housing Improvement s Increase Market Value

Increase Revenues for Barangay/Munici pal Conservation of Natural Resources Increase Family Income

Orderly Planning BLGU/MLGU

MAIN SOLUTION - CO-MANAGEMENT BETWEEN DENR & LGU

HOW TO SOLVE THE PROBLEM CLUP/PLUDP Additional Livelihood Opportunities Responsible Parenthood Clear government policies DENR/LGU

Massive information drive (Strict enforcement of government ordinances/policies)

Page | 20

The above figure (no.2) showed how the problems could be best addressed. The participants were very positive on the idea of CoManagement 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 | 21

Table 1. CONFLICT PROFILE OF BARANGAY TALISAY BONTOC, SOUTHERN LEYTE History/Timeline Key Issues Causes Effects Dynamics Scale Actors Encroachment of land Revocable Permit Application (RPA)and Informal Settlers (Free Riders) in mangrove areas of Barangay Bontoc Southern, Leyte Brgy. 1960's -RPA Few residents The area was still -Increased The first residents -local & Talisay holders settled at unaffected so much by settlers due are those who national -BLGU mangrove coastal erosion & to in were relocated -MLGU areas on the deforestation activities migration from upland -DENR basis of RPA are still at a small scale -Decreased Barangays of issued by only and the RPA mangrove Bontoc due to DENR. restricts applicants to covers insurgency build houses made of -erosion & problems strong materials. denudation 1980's DENR BLGU MLGU Conversion into The need for urban A & D by DENR settlement expansion happened. due to upland armed conflicts Decreased mangrove covers Public safety of Bontoc citizens was the priority pf the government at that time -local & national Levels Talisay, -family barangay municipal provincial -national

-family barangay municipal provincial -national

Page | 22

1990's

DENR BLGU MLGU

Reversion of 194 lots into timberland

2002

DENR BLGU MLGU

2003

DENR BLGU MLGU

RPA applicants applied Locational Clearance at LGU DENR together MLGU and BLGU conducted Information Education Campaign (IEC) to the residents for site

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

Displaced community

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

Local and national

-family -barangay -municipal -provincial -national

No clear tenurial rights

Increasing number of informal settlers in the area.

Mangrove area/cover decreasing faster

Increasing number of residents despite no clear land rights Increasing number of residents despite no clear land rights

Local and national

-family -barangay -municipal -provincial -national -family -barangay -municipal -provincial -national

Local and national

Page | 23

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 | 24

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

MLGU Mayor BLGU Official s RPA HOLD ER
INFORMAL SETTLERS

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) Broken = There are no clear or open . communication lines to open up and resolve the existing condition in the area. (No. of cases - 2) .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) 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) Page | 25 .

MLGU

SB

DENR
CENRO

MLGU MPDO

Summary:
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) .

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 | 26

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 | 27

8. APPPENDICES a. Letter from CENRO about RPA Issues b. Interview Schedule or Questionnaire c. Pictures (if available)

Page | 28

Letter of CENRO

Page | 29

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 1. Who were involved? Answers Pls. encircle answer. 1.1 state/LGU vs. LGU 1.2 state/LGU vs. private individual 1.3 state/LGU vs. group/institution REMARKS

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? 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?

Pls. check answer. ___ YES ___ NO

___ Non-consensual/formal (Adjudication and Arbitration) ___ Consensual/informal (Facilitation, Moderation, Mediation)

>Write a short story of the case. >One conflict, one case.

Page | 30

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? 13. Could this/these conflict/s have been evaded? Why? 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? 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?

Cost could be cash or non-cash (e.g. lost a friend, etc) ___YES ____ NO

If they are willing, conduct an exercise to draw the conflict tree and the land conflict resolution tree RESOLUTION

Page | 31

Focus Group Discussion with the Respondents

Page | 32

Page | 33