clup documentation

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Cross-Regional Mindanao Land Use and Responsible Local Governance Forum 23-25 November 2011

Decentralization Program Environment and Rural Development (EnRD) Program


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TABLE OF CONTENTS Executive Summary ............................................................... Error! Bookmark not defined. Acronyms .............................................................................................................................. 5

Introduction ........................................................................................................................... 6

Project Context ..................................................................................................................... 6

Objective ............................................................................................................................... 6

Methodology ......................................................................................................................... 7

Major Results/Highlights ....................................................................................................... 7

Analysis of Results ................................................................................................................ 8

Recommendations ................................................................................................................ 8

Evaluations/Conclusions/Next Steps ..................................................................................... 9

Annexes .............................................................................................................................. 10


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EXECUTIVE SUMMARY The three-day Cross-Regional Mindanao Land Use and Responsible Local Governance Forum served as an avenue for local government officials in Region X and CARAGA as they assess the pressing need for an efficient Comprehensive Land Use Plan. Local government authorities in the region are regarded as vital participants in the region since they are the most knowledgeable in terms of land issues in the own locality. The forum gave local authorities the opportunity to interact with speakers and extract information from them through synchronized presentations from experts on comprehensive land use. Mayors and their respective Municipal Planning and Development Coordinators (MPDC) were invited mainly for the reason that these local officials are expected to be the aware of the issues in their locality, those which concerns land and its appropriate use. The event was a three-day event which started on the afternoon of November 23, 2011 and lasted until the afternoon of November 25 at Pryce Plaza Hotel in Cagayan de Oro City. Registration and check-in of participants from far-flung places began shortly after lunch time of the first day. In the evening, a welcome dinner was held to formally receive and orient the participants from regional national government agencies and local government units from the two regions mentioned. Representatives from nongovernment organizations also attended the event together with their program officers and experts on land use planning. Participants and speakers were welcomed by Dr. Stephanie Schell-Faucon, Prof. Edmund S. Tayao, Governor Oscar Moreno, Regional Director Dominador Gomez, Regional Director Loreto Bhagwani, and Regional Executive Director Corazon Galinato.

Most of the outlined activities for the entire forum proper were scheduled on the second day. Dr. Stephanie Schell-Faucon gave her opening remarks to formally announce the beginning of the outlined activities for the day. Prof. Tayao gave the participants and the speakers an overview of the entire conference while Mr. Emmanuel Joseph Solis from GIZ-COSERAM introduced the participants. The first session, entitled Concepts and Tangible Values, began with a presentation about policy framework for land use delivered by Atty. Normita Batula , representative from the Campaign for Land Use Plan (CLUP) Now! and the Executive Director of Balay Alternative Legal Advocates for Development (BALAOD) in Mindanaw. After which, Mr. Dave de Vera from Philippine Association for Intercultural Development (PAFID) elaborated on the compelling reasons behind the need to push for a comprehensive land use plan. The first session ended with an open forum wherein participants and keynote speakers interacted with each other through entertaining questions from the audience. Plaques were given as tokens to the distinguished speakers. The second session entitled Approaches to a Comprehensive and Participatory Land Use Plan started with a presentation from Mr. Vicente Delector, Jr. of GIZ-EnRD. It was also followed by an open forum. The third session entitled Discussing the Sectoral Themes began with Hon. Elvino Balicao’s discussion of achieving economic development through governance in land use. After his presentation, Ms. Cynthia Abanil, the Provincial Planning and Development Officer of Misamis Oriental, concentrated on the topic infrastructure support in land use governance. The last presentation spoke about determining social development and the keynote speaker for this topic was Regional Director Dominador Gomez from NCIP CARAGA Region. The entire afternoon of the second day was devoted to the breakout sessions divided into three sectors: social development, infrastructure development, and economic development. Each workshop concentrated on identifying issues, tools, and recommendations with respect to the sector they are most interested in. The brainstorming of each group is expected to result to accomplished matrixes. These outputs were presented on the third day of the conference. The last day of the conference was devoted to the presentation of outputs by the infrastructure development, economic development, and social development sectors. A rapporteur for each group was assigned to elaborate on what the group has agreed on with regard to their output. After which, Rep. Rufus Rodriguez took the floor and talked about the necessity of having a comprehensive land use plan and the specificities of House Bill No. 722 otherwise known as ‘An Act Instituting a National Land Use Policy’. The Forum was ended with a short concluding remark from Mr. Walter Salzer of GIZ-EnRD.

The participation of local government officials and their interactions with fellow government employees from various national government agencies and civil society organizations are regarded as


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an important milestone for they are now able to decipher the intense need for a comprehensive land use plan. Not only did they realize that there is so much to prioritize and work on, but they also become aware of where to start and how to go about the process of championing a comprehensive land use plan.


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ACRONYMS GIZ Deutsche Gesellschaft für

Internationale Zusammenarbeit

LOGODEF Local Government Development Foundation

CLUP Comprehensive Land Use Plan

COSERAM Program Conflict Sensitive Resource and Asset Management Program

EnRD Program Environment and Rural Development Program

NCIP National Commission on Indigenous Peoples

BALAOD-Mindanaw Balay Alternative Legal Advocates for Development - Mindanaw

PAFID Philippine Association for Intercultural Development

MPDC Municipal Planning and Development Coordinators

CDP Comprehensive Development Plans

PDPFP Provincial Development Physical Framework Plan

NIPAS National Integrated Protection Areas System Act

IPRA Indigenous People’s Rights Act

GIS Geographic Information System

GPS Global Positioning System

CBMS Community-Based Monitoring System

HLURB Housing and Land Use Regulatory Board


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INTRODUCTION Land use is an important issue in the world at any given time and place in any period of history of the world. It becomes a much prevailing issue today in most developing countries due to their historical experience as colonized territories. Just like any other developing country, the Philippines had a long standing history on administration and management of its lands. This can be manifested in most parts of the country particularly in Mindanao as there is limited access for basic productive use of land resource such as land accounts diverging and conflicting political, economic, and social values that is part of its ownership, allocation, distribution, and utilization. Thus, government intervention is necessary that must involve both the NGAs and LGUs such as the Land Registration Authority (LRA) and the Registry of Deeds (ROD), under the Department of Justice (DOJ), the Land Management Bureau (LMB), the National Mapping and Resource Information Authority (NAMRIA), under the Department of Environment and Natural Resources (DENR), the Department of Agrarian Reform (DAR), the Department of Interior and Local Government (DILG), National Commission on Indigenous Peoples (NCIP) in relation to lands and ancestral domains, and the different offices and councils of the local government units (LGUs). Land related problems in Mindanao cover a broad spectrum of goals and issues that cut across political, economic, and social boundaries in which equity and redistribution for appropriate use is the primordial consideration.

PROJECT CONTEXT The GIZ Environment and Rural Development (EnRD) Program and the Decentralization

Program have started working to improve the institutional performance of rural development agencies at national and sub-national levels and provincial, municipal/city local government units (LGUs) in sustainably managing the natural resources. The EnRD Component on Policy Dialogue and Strategic Steering has organized two high-level fora last December 2010 and July 2011. Both Programs have contributed to the fine-tuning of local development planning process in three (3) governance levels – barangay level through the barangay development plan (BDP), municipal level through the Comprehensive Land Use Plans (CLUP) and Comprehensive Development Plans (CDP), and provincial level through the Provincial Development Physical Framework Plan (PDPFP). Ideally, these land use plans specifically the CLUPs become the basis for the Legislative Bodies (Sanggunian) to formulate Zoning Ordinances. The approved zoning ordinances serve as basis for regulating land uses within the LGU. Zoning ordinances focused on major zones or taking a municipality in an integrated way further define the restrictions and incentives in developing specific land uses.

However, weaknesses in implementing land use regulations contribute to unregulated land

use leading ultimately to conflicts. Initiatives on the national level on the passing of a comprehensive Land Use Bill are progressing only slowly. These factors create a more compelling reason to further advocate the importance of a national Land Use Bill to the country and for Mindanao specifically.

It is timely that a sharing from those who have had good experiences in working with land use

planning to take place in Mindanao. The GIZ Conflict Sensitive Resource and Asset Management (COSERAM) Program which caters to the Caraga Region is therefore decided to continue the advocacy with close cooperation with the other GIZ programs EnRD and DP. It is through this conference that more awareness on the urgency to pass the comprehensive land use bill is further realized. More importantly the key officials present from both the executive and legislative branches consider the intricacies of the issues in Mindanao when it comes to land use.

OBJECTIVE The conference aims to:

Popularize comprehensive land use planning as essential instrument to achieve peaceful and sustainable economic development

Advocate the adoption of comprehensive land use planning as local policy and program and in the long run as a national policy


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Involve as much number of stakeholders in the process by promoting the importance of public goods

Promote the idea of inter – local cooperation and addressing development challenges beyond political boundaries

Present and highlight Mindanao as a pilot region for development and conflict resolution initiatives through conflict-sensitive comprehensive land use planning

METHODOLOGY The preparation for the workshop-conference comes with the formulation of the theme and overall design of the conference in specific reference to the drafting of the Conference Program this includes the following:

Coordination with stakeholders who will have direct participation and impact on the conference

Drafting and finalization of the list of participants from both Region X and CARAGA Drafting and finalization of the list of Speakers and Invited Dignitaries Identify facilitators for the small group discussions Sending out of invites and confirmation of attendance among Speakers and Participants Secure and facilitate travel arrangement of Speakers and Invited Dignitaries Promote the initiative through coordination with both national and local media

The workshop-conference has four components; the first one is the presentation of papers

regarding land use (concepts and tangible values, approaches to a comprehensive and participatory land use, and the sectoral themes). It is then followed by the workshop that was categorized into three themes namely the economic, infrastructure and the social sector; a facilitator was assigned to each theme to overview the said workshop. Every group also assigned a rapportteur among the participants of the workshop to jot down the inputs and significant highlights of the breakdown sessions and also person who will be presenting the overall output which is the third component of the workshop-conference. The last component is the interaction with Rep. Rufus B. Rodriguez of Cagayan de Oro to further discuss issues, concerns, challenges, and the future direction of the land use in Mindanao.

MAJOR RESULTS/HIGHLIGHTS The event started with a press conference and welcome dinner at the evening of the 23rd of November. It was attended by local government officials and administrators of different LGUs namely RD Loreto Bhagwani of DILG Region X, RED Leonardo Sibbaluca of DENR CARAGA, RED Corazon Galinato of DENR Region X, Gov. Sol Matugas of Surigao del Norte and Gov. Oscar Moreno of Misamis Oriental who delivered the message for the welcome remarks. The day 2 of the workshop-conference started with the invocation and national anthem. The opening remarks was made by Dr. Stephani Schell-Faucon the principal advisor of GIZ-COSERAM followed by Prof. Edmund S. Tayao the executive director of LOGODEF who gave the conference overview. The participants were introduced by Emmanuel Joseph Solis the advisor of GIZ COSERAM and the proceeded with the first session. The theme of the first session is about the concepts and tangible values where the first presenter was Atty. Normita Batula the Executive director of BALAOD-Mindanao who discussed the policy framework for land use. Atty. Batula highlighted the importance of passing the National Land Use Act. Firstly, she said that, land is finite and with limited use but the population continues to increase and demand for land also increases. Secondly, various laws overlap and confuse the stakeholders such as farmers, indigenous people, urban poor fisherfolks, corporations etc which leads to conflicting and overlapping claims of the land. Thirdly, there seems to be conflicting interests on land use in terms of agriculture, ancestral domain, mining, tourism, economic zones, settlements and protected areas. Lastly, inappropriate land use actually causes worsening effects of natural and man-made calamities and provides a misconception on the value of land (seen often as simply an economic object).


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The second session was about the approach to a comprehensive participatory land use plan.

The resource speaker was Mr. Vicente Delector Jr., wherein he discussed about the component objective states that planning and implementation procedures for natural resource management are improved and the multitude of existing management plans among public lands, private lands and ancestral domain. He also discussed issues on how to improve Natural Resources Governance through Local level Planning and Policy Dialogue for improving governance of Natural Resources. The third session in the afternoon was about the sectoral themes, the first resource speaker was Mayor Elvino Balicao Jr. Of the Municipality of Wao-o, Lanao del Norte. He shared his experience in achieving economic development through Governance in Land Use. He starts off by pointing out Wao’s main concern – that of declining water supply. According to Mayor Balicao, Wao launched serious efforts to rehabilitate its land and natural resource assets as it tried to address the needs of its constituents. Infrastructure support and in land use governance was presented by Ms. Cynthia Abanil provincial planning and development officer of Misamis Oriental. She initiated her presentation by enumerating the importance of Land Use Planning. Ms. Abanil then provided a provincial context for Land Use Planning. She said that Land Use planning would help achieve the desired level and distribution of the population within the province. The last resource speaker was RD Dominador Gomez of the National Commission on Indigenous People- CARAGA. He started by outlining the anthropological, linguistics and archeological studies in Mindanao showing that the early indigenous people were nomadic and may have probably left China 10,000 BP. Furthermore, Mr Gomez showed that early tribes engaged in international trade with China and other neighbouring countries.

The highlight of the workshop-conference was in day two wherein the Rep. Rufus Rodriguez of the 2nd District of Cagayan de Oro presented the HB 722 or the National Land Use Act of the Philippines. Through the proposed bill, it will “provide for a rational, holistic and just allocation, utilization, management, and development of the country's land and water resources that its use is consistent with the principles of equity, social justice, and sustainable development for the common good.” Rep. Rodriguez also highlighted through HB 722 the strengthening of the capacity of LGUs in collaboration and partnership with the national government the responsibility of maintaining and managing of ecological balance in accordance with RA 7160 and the local Government Code.

ANALYSIS OF RESULTS The presentation of the various speakers gave a very well-rounded discussion and apt

platform for the public to understand and grasp the gravity of the situation when it comes to land use planning, implementation and monitoring. It was an event wherein we can see that various sectors have important roles to play in reforms in land usage, acquisition and protection.

We have heard from Atty. Batula about the need for a comprehensive law that would not only

capture the essence and spirit of the goals and motives which the law protects and cultivate but also a law that would be able to encapsulate previous laws and make it more fitting now and for future generations.

In addition, it seems that political will also plays a major role in carrying out programs and

projects that would protect Land Usage as mentioned by Mayor Balicao. But government officials also need the help of other sectors such NGOs and civil society groups to make policies more efficient and effective. In addition, it would not hurt to look back in past, according to Mr. Gomez, to make a better future for all Filipinos.

RECOMMENDATIONS Although the presentations provided a healthy environment on how to move forward, there

are still many factors that need to be looked at for Land use to be successful. Atty. Batula pointed out that as the population grows larger, there is more


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need for land utilization for housing and other basic needs. Here, it should be clear that a comprehensive law not just in land usage but in curbing the population in a manageable size would be necessary for development to be achieved.

Another point of interest is that land usage should be able to make the Philippines economically stable and secured in food production but land use and its peripherals should be sensitive to the people who toil its natural resources locally, regionally and nationally through education and means of tri-media. People, may seem apathetic because they do not truly understand the importance of land usage but if it is possible for us to simplify a very academic, political and economic framework of Land Use to a topic modestly understood by farmers, fishermen and school children, it might be possible that Filipinos will care for their own.

EVALUATIONS/CONCLUSIONS/NEXT STEPS Conflicts prevail with the present land use policies in the Philippines. This can be attributed to lack of coordination between the national and local governments the structural set-up of both levels affects the very basis of the decision-making process of different stakeholders the classification and conversion of agricultural lands. There are many competing concerns that vie for what will be the priority to be part of the agenda within the levels and branches of government. Such issues and concerns cause much confusion that affects the overall process affecting land use planning and decision making. That is why it very important to open the line of communication between the national and local governments. Both levels should come up with programs, projects, and policies for land use that would complement each other so as to avoid redundant and overlapping functions as well as the implementation of programs and policies. There is also a need to revisit the NIPAS (National Integrated Protection Areas System Act) and IPRA (Indigenous People’s Rights Act); for the NIPAS there should be an intensive education and information dissemination campaign which also involves coordination of different government agencies with regard to its implementation and not only limiting the law in terms of the awareness of the people about the prohibition on cutting of trees in protected areas or natural parks. Thus the prohibition was further limited on animal hunting, fish poisoning, and kaingin or slash-and-burn farming. The IPRA on the other hand has needs careful monitoring and evaluation as to how the government also implement the law particular on the ancestral domains which the issue focuses on the conversion of some ancestral domains to unproductive land or industrial sites. Both laws in this regard. It is in this light that the NGOs, POs, and members of the community plays an active role which their participation in very crucial to the success and sustainability of the implementation of the law.


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Annexes ATTACHMENT 1 Summary of Lectures ATTY. NORMITA V. BATULA, board member of BALAOD MINDANAO, a non-stock, non-profit, and developmental legal organization based and operating in Mindanao presented a proposed Bill entitled “National Land Use and Management Act of the Philippines” or NLUMA. She first highlighted its history saying that in 1983, the government headed by former President Ferdinand Marcos released the Letter of Instruction (LOI) # 1350 adopting a State policy to have 1) a comprehensive inventory of all land resources; and 2) a National Physical Plan (NFP) and regional classification of the use of land as guide for the utilization of land resources. Because of this, an inter-agency National Land Use Committee (NLUC) was created.

NLUC then drafted the National Land Use Code however, some NGO’s felt that the drafting process was lacking. Civil Society Orgainations (CSOs) started to scrutinize the Land Use Code of NLUC that lead to the drafting of a CSO bill version filed since the 9th Congress. As a result, multi-sectoral consultations were continuously undertaken and formed the bases for the versions filed by Rep. Loretta Ann Rosales, Rep. Leonardo Montemayor and Rep. Wigberto Tanada during the 11th Congress. Sen. Loren Legarda filed a counterpart version of the Rosales et al Bill in the Senate on May 1999.

In 2000, during the Erap City campaign, civil organizations formed the People’s Advocacy for

Land Use and Reforms or People’s Alarm. During the 12th Congress, in 2004, former President Gloria Macapagal-Arroyo certified the bill urgent and the House of Representatives passed the bill on its third reading. She said this is the farthest that the bill has ever prospered in the legislative mill. The Senate, however, failed to pass a counterpart version. New versions of the bill were filed during the 13th, 14th and 15th Congress, versions that reflected new improvements and provisions that synthesized and integrated with pro-farmer and fisher folk advocacies and other issues such as conflicting land uses, large scale foreign investments in land, climate change and gender concerns. During this time the House of Representatives also created a Special Land Use Committee. In June of 2010 People’s Alarm renamed itself to CLUP or Campaign for Land Use Policy Now to highlight the urgency of passing a Comprehensive Land Use Policy. During the 15th Congress, President Benigno Aquino III mentioned in his State of Nation Address in 2010 the urgency of passing the NLUA and included the bill as urgent in the Legislative-Executive Development Advisory Council or LEDAC. According to Atty. Batula, the House of Representatives drafted a consolidated version of a bill known as the National Land Use and Management Act (NLUMA) which consolidated 8 bills and is now with the Committee of Appropriations. At the Senate, 4 bills were also consolidated and the bill is now circulating among the members of the Committee on Environmental and Natural Resources for comments.

After laying out the history and advocacy for the enactment of the Bill, Atty. Batula highlighted

the importance of passing the National Land Use Act. Firstly, she said that, land is finite and with limited use but the population continues to increase and demand for land also increases. Secondly, various laws overlap and confuse the stakeholders such as farmers, indigenous people, urban poor fisherfolks, corporations etc which leads to conflicting and overlapping claims of the land.

Thirdly, there seems to be conflicting interests on land use in terms of agriculture, ancestral

domain, mining, tourism, economic zones, settlements and protected areas. Lastly, inappropriate land use actually causes worsening effects of natural and man-made calamities and provides a misconception on the value of land (seen often as simply an economic object). Other issues on the importance of passing such a bill include inappropriate management of land, proper response to the needs of basic sectors, and the use of land for public interest vis-à-vis general welfare.

Atty. Batula then proceeds in highlighting the salient features NLUMA (draft consolidated bill

from HB 478, HB 414, HB 722, HB 829, HB 1233, HB 1348, HB 1695, HB 3533). She mentions its over-all framework which “xxx provide a rational, holistic and just allocation, utilization, management, and development of the country's land and water resources so that its use is consistent with the


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principles of equity, social justice, and sustainable development for the common good…”. After that she discusses the declaration of policies, categories of land use planning, special areas of concern and structure of Land Use Plan: National Land Use Policy Council Structure.

She closes by proving the challenges in getting the bill enacted which includes providing

technical support during plenary debates, mustering support from other legislators and stakeholders and ensuring that the content of the version would be passed into law still embodies the spirit, intent and principles behind the original proposed bill. VINCE P. DELECTOR JR., Senior Coordinator for Environmental and Rural Development (EnRD) Program presented on GIZ support to Land Use Planning in the Philippines. The component objective states that planning and implementation procedures for natural resource management are improved. Accordingly, component activities include the following: 1) develop the concept on Participatory Land Us and Development Planning (PLUDP); 2) support for the implementation of 2 Provincial Development and Physical Framework Plans (PDPFP) in the island of Leyte; 3) support for the formulation of 23 Land Use Plan (16 in Leyte Island and 7 in Negros Occidental); 4) support for the 2 training provide networks in Leyte Island and Negros Occidental; 5) legal reform and institional strengthening (NALUA) and 6) to have an Integrated Taxation Management (iTAX) for Real Property Taxes.

Mr. Delector then proceeded in discussing the multitude of existing management plans among public lands, private lands and ancestral domain. He also discussed issues on how to improve Natural Resources Governance through Local level Planning and Policy Dialogue for improving governance of Natural Resources. In terms of PLUDP, Mr. Delector talked about its objectives: 1) provide a comprehensive ecosystem management approach for local governments to manage the entire LGU territory; 2) embed planning and implementation in co-management agreements between DENR and LGU; 3) integrate LGU-based planning in provincial development and physical framework planning; and 4) provide proper implementation framework with revenue management, investment programming, budgeting and expenditure monitoring.

Examples of using the PLUDP as a comprehensive Management concept can be seen in the

Ridge-to-Reef planning, Local Pilot Implementation, Support in GIS and Real property Taxation, Capacity Building of Training Providers and Knowledge, Learning and Tools. Results of PLUDP showed that: 1) approximately 3,000 households benefited from baranggay priority projects supported with rural development funds; 2) 2 functional regional training provider networks were establishes (for sustainability); 3) 2 provincial development and physical frameworks plans were finalized; 4) more than 700,000 people benefit from improved LGU planning processes in Leyte, Negros and Panay; 5) 3 comprehensive land use plans finalized in Leyte and Southern Leyte; 6) 3 Provincial GIS Units were established (using manifold) and approximately 50 planners were trained; 7) 6 municipalities finalized baranggay land use-based development plans – now ready for CLUP and; 8) iTAx was implemented in 2 provinces with land use planning and in additional 7 provinces nationwide.

Simply put, the Planning and implementation Cycle of the PLUDP management concept

starts with Indicative provincial Physical Framework. Then the is the Adoption of ecosystem framework (i.e Alliances) as integrating platform for local land use plans. Next step is the integration of sectoral information and strategies including tax maps into local plans. Then Revenue Management and adoption of local plans, investment programming follows. Lastly, Monitoring Plan-Budget-expenditure-link is needed before ging back to the first step. The steps to Land Use Planning Process were then discussed (Phase 0 to 4) followed by the costs of Land Use Planning for each phase. Ridge-to-Reef Connecters were also discussed.

Climate Change Adaptation at LGU level was also presented by Mr. Delector. The case study

was about Silago and how they would be able to adapt measures combating climate change. Four ways were conceptualized: 1) protect the remaining forest and increase reforestation including mangroves using co-management with DENR; 2) establish more marine protected areas; 3) identify relocation sites based on sea-level rise projections and 4) establish public water enterprise to improve water supply for households and provide budget for crop diversification and disaster mitigation measures.


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Mr. Delector closed by exploring the next steps in Land Use Planning in the Philippines. He said that commitments of provincial governments are needed to undertake a comprehensive planning process. Also, he said that the design of PLUDP replication proposals should incorporate regional/provinces level trainers, GIS support and capacity building of a provincial trainers pool. Third, he mentions that there must be a breakdown of defined vulnerabilities to municipal level and proceed with advanced LGUs as learning sites as far as CCA/DRRM mainstreaming is concerned. Fourth, the definition of cross-boundary issues to be addressed at provincial or municipal levels should be greater explored. Lastly, necessary counterpart resources and support by province and MLGUs must be secured. HON. ELVINO B. BALICAO JR., municipal Mayor of Wao, Lanao del Sur shared his experience in achieving economic development through Governance in Land Use. He starts off by pointing out Wao’s main concern – that of declining water supply. Wao’s watershed feeds 5 river systems that irrigate 19,000 hectares of farmlands (in Wao & 5 nearby municipalities in Bukidnon, and Cotabato). The main source of water, the Diomel Spring, used to discharge 100 lps during rainy season. Now, however it’s down to 15 lps. The decline, according to Mayor Balicao, is attributed to the degradation of forest cover. Wao lost much of its forest cover due to harmful upland activities, such as illegal logging and kaingin. In 1998-2002 alone, Wao lost 2,000 hectares of forest cover. Forest destruction resulted in long dry spells causing water shortages during summer, and flash floods during rainy season.

According to Mayor Balicao, Wao launched serious efforts to rehabilitate its land and natural resource assets as it tried to address the needs of its constituents. Initial attempts include: 1) inventory of areas under cultivations; 2) extensive tree planting activities in denuded areas; 3) establishment of a Municipal Nursery for perennial crops such as forest trees, fruit-bearing trees and coffee and rubber. The initial efforts was met with several constraints: 1) lack of participation of stakeholders; 2) fragmented approach in land use management (especially in forest and forestland); 3) absence of well-defined property rights especially in the uplands; 4) lack of on-site management; 5) lack of transparency; and 6) unclear accountability.

In order to overcome these obstacles, Mayor Balicao initiated several reforms. Information

dissemination was necessary, followed by community mapping; community consultations and site validation. In terms of governance, transparency, accountability and participatory decision-making are strictly observed in planning and implementation of the projects.

Mayor Balicao then proceeded by enumerating the initial results and impacts of his instituted

reforms. Firstly, he claims that there was an enhanced executive, legislative and stakeholder’s collaboration through multi-sectoral Municipal Environment & Natural Resources Council (MENRC).

Secondly, 142 (almost half of upland settlers) were issued with IPR agreements providing

them security of tenure and making them partners in forest management (including in law enforcement and local peace building efforts); 240 hectares developed into agro-forestry and another 40 hectares of riparian zones developed; IPR issuance are still ongoing. Third, there seems to be a potential increase in household income of farmers from crops, corn, rubber and coffee. Fourth, alternative sources of income was generated (i.e. forest guards and laborers for nursery operations were employed). Fifth, there was a in farming system from pure corn to multiple crops with perennial crops of rubber, fruit trees and endemic wood species thus conserving soil and water. Sixth, Wao has practically stopped illegal cutting and have reduced kaingin to almost zero-rate per annum. Seventh, carbon benefit went to 8,952 tons of carbon per annum. Lastly, there was a creation of LGU special account for forest co-management and ongoing implementation on Payment for Ecosystem Services (PES) scheme.

The good mayor closed his presentation by sharing the lessons he has learned: Transparent

and participatory land use planning processes gradually lead to confidence building; with long term land-based livelihood, local communities develop stakes in their farms and help avoid a relapse to conflicts; Legitimized and approved land use plans (CLUP and FLUP) are turn-key to encourage private, as well as public investments in the municipality; The role of local government units in promoting effective management of its land resources and/or natural resource assets is crucial. Political will, legislative support and multi-sectoral participation has increased the possibility of


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ensuring acceptable and workable solutions to the problems related to land use. Furthermore, Mayor Balicao envisions for the next 10 years that Wao municipality would continuously believe that economic development is further achieved in a sustainable manner through proper land use and effective management. CYNTHIA S. VIAJAR-ABANIL is the officer-in-charge of the Provincial Planning and Development Planning office of Misamis Oriental. She discussed the compelling reasons for Land Use Planning. She initiated her presentation by enumerating the importance of Land Use Planning which includes 1) provides the means to rationalize the use of land and its resources both natural and man-made; 2) guide physical development and integration, in relation to over-all development goals such as social, economic, infrastructure and environmental dimensions of human endeavor; 3) provides a mechanism to ensure local plans are in sync with national, regional and provincial land use and development policies and guidelines; and 4) initiate integration and institutionalization of international commitments (such as the attainment of the Millennium Development Goals).

Ms. Abanil then provided a provincial context for Land Use Planning. She said that Land Use planning would help achieve the desired level and distribution of the population within the province. This would also provide the people of the province high level and equitable access to economic opportunities. Furthermore, she claims that this would ensure adequacy of basic commodities, services and amenities particularly in the rural areas and in turn protect the integrity of the physical and natural environment for the benefit as well as succeeding generations while aiming at an optimum and sustainable use of natural and man-made resources in the province. In addition, other challenges include processes and mechanisms that would integrate issues among baranggay development plans and municipal/city plans and provincial physical framework and development plans. There is also the issue of the integration of the Ancestral Domain Sustainable Development Protection Plan into the CLUP and integration of Disaster Risk Reduction mechanisms to address the impact of climate change. Given these elements her province faces, she claims that there is a preferred spatial development strategy called Polycentric Development Strategy or PDS which is “one with many centers or nodes, not just one large metropolis dominating everything else” indicated in the R10 Physical Framework Plan of 2004 – 2030.

The Polycentric development Strategy complement the metropolitanization of Cagayan de

Oro and adjoining municipalities and the clustering approach of all Local Government Units (LGUs) in the province. In this strategy, she narrates that each unit in the network should exert efforts to forge new and complimentary relationships with others (between municipalities or a municipality with a city or a combination of two or more geographical units). Municipal clustering approach has already been adopted in several programs in Misamis Oriental creating inter-municipal cooperation projects, inter-local health zones and the like. The goal is to encourage pooling of resources, expertise, facilities for economies of scale. It also helps bring about development of other areas other than the established and developed centers like Cagayan de Oro City and towns with industries, for equity purposes.

Ms. Viajar-Abanil then discussed the municipal clusters in Misamis Oriental. In the western

part of the province are: MANLUNA (Manticao, Lugait and Naawan) and GALILEO (Gitagum, Libertad, Initao, Laguindingan, Alubijid, El Salvador and Opol) clusters. In the central Misamis Oriental is CLAJAVITA (Claveria, Jasaan, Villanueva and Tagoloan) cluster and in the eastern part is MISORET (Balingasag, Lagonglong, Salay, Binuangan, Sugbongcogon, and Kinoguitan) cluster. The last cluster is called GINGOOG Bay cluster composed of Balingoan, Talisayan, Madina, Gingoog City and Magsaysay. Misamis Oreintal’s role is seen as a transport hub by virtue of its geographical location and socio-economic base thus having an inter-regional transportation infrastructure impact. Because of this, the various nodes of development within the region and province needs infrastructure support and there is a greater need for local governments to take a more proactive role in planning, implementing and maintaining infrastructure projects at whatever appropriate administrative level for their own socio-economic growth and development.

The presentation ended by looking at the experiences of Misamis Oriental on the CIC Initiated

Inter-Local Cooperation in the late 1990s; the Regional Development Council 10 – Enhanced Inter-local Cooperation and RDC Special Committee of Laguindingan Airport Development Project.


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DOMINADOR GOMEZ presented about the Ancestral Domain and Indigenous people of the Philippines. He started by outlining the anthropological, linguistics and archeological studies in Mindanao showing that the early indigenous people were nomadic and may have probably left China 10,000 BP. Studies by archaeologists and anthropologists further showed that they practiced agriculture, governance structures and systems and tribal organizations. Because of the scarcity of resources, tribes would often go to war among other tribes. These were resolved through their systems and processes as self-governed people resuting to the identification and definition of territorial boundaries such as mountains and rivers.

Furthermore, Mr Gomez showed that early tribes engaged in international trade with China and other neighboring countries.

Gold and spices were a common commodity in trade and commerce. Upon the European

expansionist expedition, the use of the cross and sword helped in conquering the people and the lands named after King Philipp making the islands into one country called the Philippines. After 300 years, Spain ceded the islands and the people to the Americans. All these time up to 1987, those groups of people who fought for their freedom now the Indigenous peoples became more indigent, isolated and neglected.

It was only in the 1987 Constitution that the Government returned back to the IPs the rights

taken away from them. Mr. Gomez points out that the constitution has defined ancestral land/domain and rights of the IPs to own, use and develop these lands and natural resources. Aside from that, he maintains that the uses of Ancestral domain can’t be separated from other IPs rights in accordance to their customary laws, traditions and Indigenous Knowledge Systems and Practices (IKSP). Mr. Gomez closed his presentation by showing the political structure according to customary laws of the Higaunon tribe (i.e. palayag, panumanod/panalikot, pamulalakaw, ibabasok, baylan, babaylanon, alimaong) where each of these institutions observe many different rules and regulation for their day-to-day existence. Each, therefore, would have a specific area of concern including land area and these institutions influence their land use. REP. RUFUS RODRIGUEZ is the Congressman of 2nd District of Cagayan de Oro. He has been one of the most eager lawmakers to push for a comprehensive land use plan and is one of those from the House of Representatives who introduced House Bill No. 722 known as ‘An Act Instituting a National Land Use Policy’. He started his discussion by way of storytelling and describing the value of land. According to him, land connotes freedom and a source of livelihood. He made reference to the United Nations for Human Settlements in defining what is land and how it ought to be treated. His speech gave primacy to the generations to follow by mentioning sustainable development in terms of how we manage our land and utilize in various ways.

Rep. Rodriguez said that there are so many conflicting laws on land use and there is no one law and one law-making body that will coordinate and ensure that there is proper allocation and justification for land and its utility. He also discussed in detail several parts of the bill such as the way sectors in society will be represented and be in line with the President who will serve as Chairman of the committee. Sectors such as the urban poor, fisherfolk, peasant groups, and the indigenous people would have to be incorporated into the council since they are the direct people to experience any change and they are the most knowledgeable of the land surrounding them. According to Rep. Rodriguez, it will be a bottom-up and top-down structure of representations since representatives will be derived from the mentioned sectors. Also, he discussed the penal provisions of the bill and the consequences upon the failure to comply and enact what is stated therein.

The lawmaker also touched on the issue of diminishing number of lands due to conversion and this is one of problems which should be given much attention.


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ANNEX 2 OUTPUT DURING BREAKOUT SESSION

INFRASTRUCTURE SECTOR WORKSHOP OUTPUT During the breakout sessions, three sectors were considered as basis for dividing the

conference participants into groups of infrastructure development, economic development, and social development. In the workshop, the group was tasked to identify issues, tools, and recommendations in the infrastructure sector. Facilitating the workshop was Mr. Bruce Colao who led the discussion and encouraged the participants to think of a recurring problem with respect to the infrastructural development aspect. Prior to getting down to what must be done, there was a short introduction of the participants who chose to be part of the group under the infrastructure development sector. Most of those who signed up to be part of the group were mainly composed of Municipal Planning and Development Coordinators (MPDC) of their respective local government unit.

The first agenda of the group was to enumerate a number of recurring issues experienced by

their respective locality. All issues brought up were listed on one side of the board and the group discussed whether the issue is too broad in terms of its scope. Mr. Colao consistently asked for the reactions of other members of the group with regard to each problem that was raised and later on the group went down to specify the problems in the infrastructure sector. The group came up with a list of significant problems which may be considered as hindrances towards obtaining a comprehensive land use plan. Problems such as limited resources in terms of funding and logistics and availability of technical personnel as well as data were brought up during the session. The inadequate involvement of stakeholders and their weak cooperation in the planning process were seen by the group as one of the most crucial concerns. The group also made mention about the dilemma of gathering data needed in the planning process and the question of how will we be able to have access to correct data. Finally, they also identified the need to simplify the planning process in order to speed up the development. The next concern addressed by the group was to come up with the tools needed for the resolution of the identified problems. Members of the group were motivated to share their ideas on what prerequisites and devices would be imperative to having a comprehensive land use plan. The group identified tools such as the utilization of the Geographic Information System (GIS) and the Global Positioning System (GPS) as vital instruments in pursuit of an effective land use plan. They also gave primacy to ample trainings and capacity development in the infrastructure sector as well as technical assistance and funds outsourcing as immediate concern.

The use of community-based monitoring system (CBMS) was also agreed upon by the group to be considered as one of the key devices needed in obtaining the goals mentioned during the conference.

The last part of the break-out session was devoted to the identification of recommendations on the national and the local level. Under the national level, recommendations such as the acceptance of qualitative data in the absence of quantitative data was considered by the group as a good resort in the lack of resources leading to the unavailability of correct and precise data. Another recommendation calls for the simplification of the process in relation to the requirements demanded by the Housing and Land Use Regulatory Board (HLURB).The group also suggested the incentive-based system for compliant LGUs. Under the local level, two recommendations were identified by the group: first is to maximize the use of available data and the second is about the issue of political will or prioritization and the convergence at the local level.

After the group accomplished filling up the workshop output matrix, Mr. Colao asked the group for a volunteer who will serve as a reporter for next day’s presentation of output. After finalizing the matrix, the breakout session was adjourned.


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SOCIAL DEVELOPMENT SECTOR WORKSHOP OUTPUT

The workshop group for the social development sector was facilitated by Prof. Rhodora Lintag. The group was primarily composed of Municipal Planning and Development Coordinators (MPDC) from which the group documentor Ms. Al’ Gemregy Cuerquez of the National Economic and Development Agency (NEDA)-Region 10 was strategically selected.

At the onset, general social issues in the optimum formulation and implementation of a

comprehensive land-use plan have been identified. Give the broad range of issues, the body suggested to delimit them to specific social social issues: health and nutrition, education, social welfare and protection, housing and settlements. In addition, other issues identified, which are necessary to be done away with, are lumped under policy and governance issues and encompassing issues. Along with the issues identified, challenges posted by the ensuing concerns and respective recommendations/methods to address them have been identified by the body.

The inappropriate land uses causing health hazards and environmental destruction such as

recurring mining in critical areas like watersheds has been identified as a key issue in health and nutrition resultant to a non-stringent observance of an apt and fitting plan for usage of land. Under social issue of education, appropriate land use in areas occupied by the indigenous groups has not been optimally observed since majority lack understanding on the customs and traditions of the Indigenous Peoples (IP)/Minority. In such case, land-use plans formulated are not reflective of the actual needs prioritized and values upheld by these specific communities. According to the body, this is a normal resultant of the Information, Education and Communication (IEC) materials being in foreign language. The recommendation, therefore, is to translate IEC materials to vernacular language; the action will run consistent with the idea of effective information dissemination and promotion of education. Counting as another social issue on education is the lack deed of donations for some existing schools or academic institutions. This is attributed to the high cost of processing fees on the part of the donor and stringent land titling process resulting to lack of tenurial protection of poor claimants. The recommendation is to come up with tax incentives to encourage donors.

The existence of division and faction among the Ips and other sectors resulted from the

intervention and creation of new IP structure; another identified social issues focusing on welfare and protection. This disunity bring about lack of access of affected communities/groups to legal-technical services to help resolve resource-based conflicts. Among similar issues are no permanent settlement for the IPs, insufficient services for them and other marginalized sectors and inconsistency of area coverage. In terms of inconsistency of area coverage, the proposed action is to bring this to attention of agencies and lobby for their reconciliation and harmonization of claims and area coverages.

As regards housing and settlement issues, the identified problems are: inappropriate landuse

for safe settlement which results from lack of technical awareness of disaster risk reduction scheme and climate change at the local level. The local chief executives, therefore, should vigorously push for measures to identify specialized housing sites. This further branch out to issues like the increasing number of settlemens along danger zone, the construction of residential houses within the 15 or 20 meters of marine area and the proliferation of informal settlers; all of which are resultant to lack of knowledge on housing project assistance. Therefore, awareness on the environmental policies for zoning should be underscored.

On the policy and governance side of the identified social issues, the body enumerated the

following concerns: the role of the local governments in land use permit issuance is undefined, the overused natural resources is also a result of the lack of sustainable livelihood, the existence of boundary conflict/dispute between/among jurisdictions of local governments. The recommendations therefore is a proposal among responsbile agencies or authority to delineate boundaries of the local governments specifically by ensuring local government’s compliance to National Mapping and Resource Information Authority’s (NAMRIA) provisions and ruling.


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The table below shows other encompassing issues and recommendations:

CHALLENGES (TOOLS/REQUIREMENTS) RECOMMENDATIONS

- Lack of political will to implement the Environmental Compliance Certificate

- Lack of budget to properly implement plan

- Greed among local officials and relevant stakeholders

- Weak human resource technical capacity - Prioritization of problem - Poor analysis of situation; lacks thorough

assessment of conflicts - Limited manpower to do the planning - Some CLUPs are done by consultants or

through outsourcing - Power struggles between/among LGUs

- Need to ensure participatory and conflict-sensitive planning process in land and water use

- Ensure harmonization/synchronization of policies

- Mobilization of multi-stakeholders in the planning process

- Make CLUP a requirement for granting of DILG’s Seal of Good Housekeeping Award to local governments

- Mandatory exclusion of the CLUP indicators

- Application of eco-system-based approach in land-use planning

ECONOMIC SECTOR WORKSHOP OUTPUT

The economic sector workshop was facilitated by Dr. Toni Avila, it was divided into three areas such as problems, issues, and challenges identification; requirements and tools; and recommendations.

The participants through the workshop identified several issues and problems with regard to

economic aspect of land use the following are:

• Conversion of agricultural lands • Deforestation Conflicting land uses • No zonation of coastal resources • Consideration of sustainable production potential • Farmers can't cope up with new trends • Demand for using livelihood over adherence compliance to CLUP • Conflict of boundaries among LGUs Locality may used any other means to generate income • Overlapping Tenurial Investment • Unproductive Agricultural Land • Conversion of agricultural lands to residential areas • Deforestation Conflicting land uses • No zonation of coastal resources • Consideration of sustainable production potential • Farmers can't cope up with new trends • Demand for using livelihood over adherence compliance to CLUP • Conflict of boundaries among LGUs Locality may used any other means to generate income • Overlapping Tenurial Investment • Unoperationalized proclaimed ecozone Congested CBO/ Informal Settlers • Destructive land for economic purposes in the coastal and riverside • Conflicting SAFDZ to other land use Absence of FLUP based on actual scenario • Encroachment of sellers to protection areas • Leasing of farm lots to multi-national plantations • Existing land classification is outdated

Among the issues that were raised during the workshop was the conversion of agricultural

lands. The agricultural lands are being used into non-food production purposes which will eventually affect efforts to secure the production of food in the country. It has caught serious attention of both


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NGAs and LGUs as agricultural lands are being converted to industrial and manufacturing plants, subdivisions, or being used to other non-agricultural purposes. The outdated and computerized mapping was also one of the immediate concerns of the participants since the data available for monitoring and evaluation of existing land use was already outdated and not readily accessible to the people and government agencies both in the national and local level.

For the second area, the participants together with the facilitator Dr. Toni Avila, categorized

four (4) requirements or tools in the economic sector that can be used to address some of the pressing issues and challenges which were presented to the participants these are the availability of resources, technology, participation of the people, and the training of personnel. The participants all agreed the need for additional funding and financial support from both the NGAs and LGUs, financial legislation was also necessary according to the participants to institutionalize additional fund allocation. The use of ICT also plays a crucial role to develop better land use and management part of which is making use GIS/GPS, hardware support, updated mapping (geohazard), and digitized thematic maps. The participants also highlighted the collaboration between the government and NGOs and POs through partnership and people’s participation in consultancy for drafting of land use policies as well as its implementation. Lastly, what was agreed upon in the workshop was the continuous training and development of personnel to be able to adapt with the new trends, practices and lessons from other countries. Lastly, the workshop through Dr. Toni Avila and the participants came up with the recommendations to further develop and enhance the economic sector of land use. They have divided the recommendations into three (3); the national, local, and collaboration of both levels of government.

In the part of the national government there should be strict enforcement of the requirements

for the conversion of prime lands so as to avoid for unproductive use. Meanwhile, the participants also posited that the LGUs should formulate CLUP and enact zoning ordinance to compliment policies and programs of the national government. Since the LGUs are at the forefront of service delivery, it will enable them to fully understand the issues and concerns regarding land use and zoning in their respective localities. All the participants also agreed that there should be coordination and policies and programs of both the national and local government; it should complement one another to further enhance and develop land use and administration in Mindanao. It includes the following: (1) Creating a time frame for the approval of conversion from agricultural to non-agricultural lands; (2) Prime agricultural lands should be used in conformity with land suitability for agricultural production; (3) Strengthen the power of the national government to resolve boundary conflicts; (4) Provide technical and financial support in the preparation and completion of the CLUP; (5) Cascade the convergence of the NGAs to the regional offices to LGUs (synchronize system and technology to be used); and (6) HLURB to provide training to LGUs in the used of systems and technology.


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LIST OF BREAK-OUT SESSION PARTICIPANTS

1. JUMAWAN, HARVEY 2. BANDOJO, FELIX 3. CABALINA, DEVIE 4. LALA, ALEX 5. YAPIS, ROWENA 6. PADORA, ADONES 7. CAMENSI, JOSE 8. SALVAÑA, HURLEY 9. DAGARAGA, ALEX 10. JUKENS, TALAID 11. TAMULA, ROGER 12. CASINABE, MINERVA 13. VALENCIA, ELNORA 14. MIQUIABOS, JOSELITO 15. DEAÑO, NOEL 16. GORRERO, MICHAELA 17. LIWANAG, RAMONITO 18. MONTERONA, GEMMA 19. ACENAS, ROMMEL 20. BOBADILLA, BELLA 21. ORILLANO, AGUSTIN 22. GERONCILLO, MARIA DOLORES 23. CAGA-ANAN, ZENIA 24. BATO-ON, GUTIQUIA 25. RECOLETO, RECONER 26. LIGAN, HELEN 27. FUENTES, DIONISIO 28. ALABA, ISNARDO 29. ACHAS, ROLANDO 30. MABALE, ROQUESA 31. ADRIAN GAMBOA 32. VALLERA, NENA 33. MEDEZ, MARILYN 34. CRIS CABANGBANG 35. GUIGAYOMA, DANILO 36. RIVERA, VILMA 37. LAURENTE, NICOLAS 38. QUIÑONEZ, BABY NEIL 39. ESTRADA, ROBERT 40. BUHION, JASON 41. TORREGOSA, RODELIO 42. ORBETA, ANTONIETO 43. LAWAN, ANTONIETA 44. ALACABA, PEDRITO 45. BASARIO, HALAN 46. AMALLA, ARNEL 47. BODENDIECK, TORSTEN 48. SULLA, CARMELITA 49. OCAMPO, MARITEN 50. DELA CRUZ, REDENTOL 51. LOZADA, GUARDIANO 52. CUERQUEZ, AL 53. SANCHEZ, ROGER


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54. TIONGCO, ROMY 55. GALLA, DESMA 56. TALAID, JOELITO 57. LEPITEN, MARY JANE 58. BESARIO, HALAN 59. SANCHEZ, ARLEEN 60. TRILLANES, EDVIL 61. GUARDO, GENITOR 62. ARREZA, GEORGE 63. BORJA, ISIDRO 64. TIU, JOECEL 65. ERNIE SANCHEZ 66. BAURE, MERLINDA 67. AZIS, JAB 68. AMPUAN, RASUL 69. ROA, JAIME 70. MAGRINA, LEO 71. GUIGAYONA, ALONA 72. MADERA, ALBERT 73. GEBHARDT, WILLI 74. PACAMALAN, APOLLO 75. OLANO, BUTCH 76. ANDOT, DIOSA 77. CIELO, AVELINO 78. LABRADOR, ALBERT 79. AMPON, CHRISTINE 80. ASENCE, KATHERINE 81. CAMENSI, JOSE 82. JUALO, ELSA 83. ANTEQUISA, REGINA 84. BANDOJO, FELIX 85. LALA, ALEXANDER 86. ONG, EUGENIO 87. UBAUB, OLIVER 88. LABIS, ALVIN 89. GALAROZA, ARIEL 90. FAMACION, LILIBETH 91. VALDEHUEZA, POTAMIO 92. BURANDAY, GLORIA 93. VILLANUEVA, LOUNELLA 94. LIM, ALLAN 95. ORTEGA, EVA 96. MEDEL, MARILYN 97. UY, FELY


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Program Officer-In-Charge Carissa Jane Lacson [email protected] / [email protected] Documentor Prof. Eric de Torres Professor, Political Science Department University of the East, Manila Prepared for: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH Decentralization Program Unit 2A PDCP Building Corner V.A Rufino & L.P Leviste Streets Salcedo Village, Makati City Telephone: (02) 813-6821 Fax: (02) 892-8843

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