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Romblon Asserting Rights Over Municipal Waters
Romblon Asserting Rights Over Municipal Waters
It took eleven (11) years, from the start of President Corazon Aquinos administration in 1987
until the latter years of the administration of then President Fidel Ramos, to put forward a law
of national significance that governs the utilization of fisheries and coastal resources. The
primary purpose of R.A. 8550 was to address the depleting coastal resources in the country. It
also suggested management options of the countrys coastal resources and significantly
recognizes the important roles of all the direct users in the management process. It also
recognizes the roles of primary resource users in resource management as Fisheries and
Aquatic Resources Management Councils (FARMCs) were formed as policy recommending
bodies to both local and national government. R.A. 8550 is considered to be the most recent
binding law on fisheries, outdating Presidential Decree 704, which was passed during the
administration of President Ferdinand Marcos.
R.A. 8550 grants preferential rights to marginalized fishers in the judicious utilization of
municipal waters in the Philippines. Section 2 (b) of RA 8550 expressly states that it is the policy
of the State to protect the rights of fisherfolk, especially of the local communities with priority
to municipal fisherfolk, in the preferential use of the municipal waters. It sets the 15kilometer municipal waters for the municipal fisherfolks. However, as a concession for the
commercial fishers, R.A. 8550 allows commercial fishing within the 10.1-15 kilometers as long
as the local government units (LGUs) permit it with due consultation with the local FARMCs.
In accordance to this expressed provision of R.A. 8550 on granting preferential rights to
marginalized fishers to the use of municipal waters, then Secretary of the Department of
Environment and Natural Resources (DENR) Heherson Alvarez issued Department
Administrative Order No. 17, Series of 2001 (DAO-17). This is in pursuant to a Joint
Memorandum Order of the Department of Agriculture and the DENR, which provided
guidelines on the delineation of the municipal waters. The said guidelines were formulated by
the National Mapping and Resources Information Authority (NAMRIA) under the DENR.
However, in 2003, then Secretary Elisea Gozun, who replaced Secretary Alvarez, revoked DAO17 through the issuance of DAO-7. It was believed that then Sec. Gozun relented to revoke
DAO-17 due to political pressure from the House of Representatives as the latter threatened to
give the DENR a zero budget. This showed the strong influence exerted by the commercial
fishery sector to the legislature. The revocation was also in pursuant to the legal opinion issued
by the Department of Justice (DOJ) declaring that DENR has no mandate to issue implementing
guidelines for the delineation of municipal waters because of jurisdictional overlap. The BFAR
should be the one to issue the implementing guidelines based on the DOJ opinion.
To counter the already growing influence of the commercial fishery sector in the lobbying and
advocacy in the Congress, a broad coalition of non-government organizations, peoples
organizations, the academe and the League of Municipalities in the Philippines (LMP) called
Movement for DAO-17 (M-17) was formed. The group conducted several dialogues with district
representatives and senators to explain the issue. It even managed to publish a primer to
explain the legality of DAO-17. Due to leadership changes in the LMP, M-17 was not able to
sustain its efforts. At present, the DA has issued DAO-1 in 2004, which provided the guidelines
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on the delineation of municipal waters without offshore islands. However, the DA has yet to
issue guidelines on the delineation of municipal waters with offshore islands. Consequently,
municipal water delineation process was never completed in most coastal cities and
municipalities.
Based on the Philippine Asset Reform Report Card (PARRC) in 2008, out of the 92 target
municipalities of the research, only 66 municipalities or 71.7% were mapped by the NAMRIA.
However, only 44 municipalities or 66.7% of those mapped were able to pass an ordinance thus
completing the process of delineation. The
target of the PARRC study comprised 10%
of the 918 coastal cities and municipalities
in the Philippines, which indicates that
complete delineation of municipal waters
has yet to be achieved in the country. The
PARRC Report reflects the 2010 data of
the NAMRIA, which is the main agency
tasked to delineate municipal waters.
Based on the NAMRIA, there are more
than 900 coastal municipalities that have
completed
their
municipal
water
delineation. Unfortunately, only 46 of
these municipalities have passed their
2. A fisherfolk calls for Fund Allocation for Municipal Water
ordinances
on
municipal
water Figure
Delineation during the Fisherfolk Day in 2009. (NFR File Photo)
delineation.
II. Strengthening Community Organizing for Municipal Water Delineation
In 2005-2006, with the help of OXFAM-Great Britain the NGOs for Fisheries Reform (NFR) along
with its partner networks and organizations conducted a series of bay-wide consultations to
rally community organizations and to intensify bay-wide campaigns for municipal water
delineation. These consultations were conducted to a total of 17 fishing bays, which include
Manila Bay, San Miguel Bay in the Camarines Provinces, Lamon Bay in Quezon, Murcielagos Bay
in Zamboanga del Norte, Hinatuan Bay in Surigao del Sur and Taon Strait, among others. Most
of the issues associated with municipal water delineation included the lack of policy in the
delineation of municipalities with offshore islands, lack of awareness on the issue of LGUs and
territorial overlap of LGUs over municipal waters (See Table 1).
Issues on Delineation
Policy and Management Conflict
Boundary Disputes
Activities
PRS on policy and management
conflict governed by the NIPAS Law
or RA 7586, the Philippine Fisheries
Code or RA 8550, the Local
Government Code or RA 7160, the
Creation of Strategic Plan for
Palawan or RA 7611 and the
Creation of Laguna Lake
Development Authority or RA 4850.
Dialogue between LGUs
Stakeholders meeting on
establishment of
Integrated/Baywide Management
Actual Delineation (Technical and
Logistical Support)
Dialogue with LGUs (introduce
FMUs, delineation)
capacity building of Bantay Dagat (fish warden) for fishery law enforcement and eventual
passage of ordinance on municipal water delineation.
A Partnership Forged in the Municipality of Romblon
SIKAT is a duly recognized non-profit organization. It was founded in March 19, 1991 by
engineers, scientists and community organizers dedicated to the task of popularizing
appropriate technology in poverty-stricken areas in the Philippines. SIKAT is one of the founding
members of NFR, the latter was established in 1994 to provide technical and logistical support
to peoples organizations that are pushing for the passage of R.A. 8550.
SIKAT began its development work by living and working with farmers in Brgy. Dolores in the
Municipality of Porac, Pampanga. This community was affected by the Mt. Pinatubo eruption.
Before implementing a CB-CRM Program in the Municipality of Romblon, SIKAT has also
assisted organizing fisherfolk organizations and federations in Brgy. San Isidro, Purol Pagkakaisa
in the Municipality of Cabangan and Brgy. Uacon and Brgy. Sinabakan in the Municipality of
Candelaria in the Province of Zambales. With the purpose of replicating its successful CB-CRM
program to other areas, SIKAT identified the Municipality of Romblon in the Province of
Romblon as its next destination. A memorandum of agreement between SIKAT and the LGU
was signed in 2004.
A CB-CRM Story in the Making
The Province of Romblon is composed of 17 municipalities. These include the Municipalities of
Alcantara, Banton, Cajidiocan, Calatrava, Corcuera, Concepcion, Ferrol, Looc, Magdiwang,
Odiongan, Romblon, San Agustin, San Andres, San Fernando, San Jose, Sta. Fe and Sta. Maria.
After conducting social investigation in 2003 and determining key players and leaders, SIKAT
started its CB-CRM Program in the Municipality of Romblon in 2004. Notably, the use of
participatory research for community entry is one of the unique strategies in CB-CRM. This
highlights the importance of getting people understand local issues that affect them and
formulate solutions to address them.
One of the reasons why SIKAT chose
the municipality was its prevailing
social conditions. Most people
depend on marble production and
fisheries for main income sources.
More than 1,600 persons directly
depend on fishing as their primary
source of income. The Municipality
of Romblon has 0.53 development
index (Peace and Equity Foundation,
2003), which means that its
population relatively fared well in
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terms of getting basic services such as shelter, potable water, electricity and education, among
others. However, it ranked at the bottom four in terms of internal revenue allocation (IRA),
which means its LGU does not have sufficient fund for sustained delivery of basic social
services. Access to basic social services from institutions outside the community hardly reaches
the municipality perhaps due to its proximity to the mainland. It is also at the bottom four in
terms of securing decent infant mortality rate. Moreover, the relatively good conditions of
coastal and fisheries resources within the municipal waters of Romblon encouraged SIKAT to
implement resource rehabilitation and management.
The Municipality of Romblon, which is the provinces capital, is bounded in the north by the
Tablas Strait and Tablas Island, on the south by the Sibuyan Sea and on the west by the Sibuyan
Island. It has 31 barangays. However, at the start of its program only 6 of these barangays were
assisted by SIKAT. At present, these targets expanded to 12. These included Brgys. Cobrador,
Logbon, Agtongo, Lonos, Mapula, Agnay, Agnipa, Ginablan, Agpanabat, Sablayan, Li-o and
Gimpingan. Still, this program was ambitious since only 5 staff worked full time to cover 12
barangays. Encouraged by the support given by the LGU and the interests of fisherfolks, SIKAT
continued to do its daunting task of implementing CB-CRM program. Patterned after its
program in Zambales, SIKATs CB-CRM program in Romblon was comprised of the following
components:
1. Community Organizing, which aimed to form community organizations to serve as its
grassroots base;
2. Resource Management, which included activities such as Marine Protected Area
establishment and management, mangrove management, endangered species
management-pawikan, dolphins, whale sharks and giant clams;
3. Advocacy, which included activities like municipal water delineation , fishery law
enforcement, policy development and community-based research;
4. Sustainable Livelihood, which was in in the form of loans given by the LGUs to
community organizations at the barangay level. The KAPAMILYA, a fisherfolk federation
organized by SIKAT lobbied to LGUs to allocate funds for to finance livelihood activities
such as small bakery (panaderia), almeres production, hog raising and fishing
implements such as pangulong, hook and line; and
5. Community-Based Social Services, which provides mechanisms for delivery of services
like promotion of herbal medicine, disaster management projects and gender
mainstreaming.
Community Organizing for Municipal Water Delineation
It was fortunate that the provincial government of Romblon has taken the initiative to lobby to
the LGUs to delineate their municipal waters. A provincial-wide consultation sponsored by the
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provincial government was held sometime in 2005. Unfortunately, after the consultation, the
interests on municipal water delineation in the province died down. Fortunately, the NFR has
secured a program for a bay-wide consultation to consolidate local communities interests and
efforts to lobby for municipal water delineation at the municipal level. The bay-wide
consultation was held in 2007. This was followed by a local policy review session (PRS) in 2009
and subsequent passage of ordinance in the Municipality of Romblon in the latter part of 2009.
The NFR and SIKAT in partnership with the
provincial and local governments of
Romblon conducted a seminar on March
24-25, 2009. This was attended by around
50 participants from the Sangguniang
Bayan
(SB)
members
from
the
Municipalities of Calatrava, San Agustin,
Romblon, among others. FARMC leaders
and representatives of the Philippine
National Police (PNP) also participated. A
NAMRIA official and NFR representatives
served as resource speakers. The local PRS
aimed to rekindle the interests of LGUs on
Figure 3. Mayor Gerard Montojo of the Municipality of Romblon
municipal water delineation. The local PRS
emphasizing the need for municipal water delineation. (SIKAT File
achieved its primary objective. Aside from
Photo)
the revived interest of the Municipality of Romblon, the Municipality of Calatrava also initiated
the validation of their technical description and passed a validation ordinance in 2009. On the
other hand, the Municipality of San Agustin had a boundary conflict with Calatrava at the time.
There was even an instance wherein the LGU of Calatrava issued a fishing permit but the area
included was in fact part of the municipal waters of San Agustin. The latter was encouraged to
adopt their validated technical descriptions through a municipal ordinance in early part of 2010
to prevent similar confusion. The municipality of Santa Maria, meanwhile, is still in the early
stages of policy development and is preparing for the validation of their technical descriptions
of their municipal waters. SIKAT meanwhile has received invitations from the Municipalities of
Magdiwang, Corcuera and Banton for assistance in their respective delineation process. Based
on the experience of municipal water delineation in Romblon, a rough estimate of Php285,400
was spent for the whole process (See Table 2). This is relatively a small amount compared to the
value added that a delineated municipal waters give to a municipality.
Table 2. Estimated Costs of Municipal Water Delineation in the Municipality of Romblon
Activities
Orientation/Consultation
Field Validation/Delineation
Public Consultation (Municipallevel)
Public Consultation (Inter-Municipal
Level)
Total Amount
Php35,000
Php60,000
Php25,000
Php35,000
Php95,000
Php30,000
Php5,000 + Php50 per kilometer of
coastline
Php400 per colored map
Source: SIKAT experience and interview with Engr. Mario Princer of NAMRIA.
There are several benefits that the communities can derive from delineated municipal waters.
Based on the experience of the coastal communities in Romblon, they were able to gain
through the following:
1. Better Organized Communities
It was relatively easy for SIKAT to organize fisherfolk organizations in its 12 target barangays.
KAPAMILYA (Karagatan Aalagaan ng Pederasyon ng Alyansa ng Mnagingisda na Itataguyod
and Likas Yaman at Agrikultura ng Romblon) was organized in 2005. At present, KAPAMILYA has
15 member organizations and 655 individual members. 333 are males and 322 are females (See
Table 3). KAPAMILYA has organized on its own the two fisherfolk organizations namely FALUS in
Brgy. Lunas and MALAKAS in Brgy. Alad. This showed strong capacity on the part of KAPAMILYA
to expand its member organizations and to further their influence in the municipality. This is
also a strong indication on the part of SIKAT in terms of establishing a fisherfolk federation that
is organizationally strong and able to stand on its own.
Table 3. KAPAMILYA Fisherfolk Organization and Individual Members
NO. OF MEMBERS
NAME OF PEOPLES ORGANIZATION
ADPROMAPI
(Brgy. Agnay)
SAMMAR
(Brgy. Agnipa)
PAWIKAN
(Brgy.
Agpanabat)
SAMAKANA
(Brgy. Agtongo)
PAMMBALO
(Brgy. Lonos)
MUFA
(Brgy. Mapula)
GIFA
(Brgy. Ginablan)
FALUS
(Brgy. Lunas)
MALAKAS
(Brgy. Alad)
SAMANASEKAP
(Brgy. Cobrador)
SAMMALO
(Brgy. Logbon)
PAGUI
(Brgy.
Total
Male
Female
54
30
24
22
12
10
54
30
24
30
18
12
31
14
17
40
22
18
40
24
16
30
26
39
24
15
29
17
12
18
10
Pangisdaan ng Guimpingan
27
15
12
Gimpingan)
PASALI
(Brgy. Li-o)
LIMAS
(Brgy. Sablayan)
AGNAY AWARE
(Brgy. Agnay)
SEMBA
FOCOS
(Brgy.
Concepcion Sur)
SAMMACON
(Brgy.
Concepcion
Norte)
SAGIPP
SAMACA
SAMAKAS
Pangkabuhayang Samahan ng LI O
Laban Para sa Ikauunlad ng mga Mangi ngisda ng
Sablayan
Agnay Association of Women's for Action and
Response
Sagip Ekolohiya ang mga Mangingisda ng Bonga
at Agrikultura
22
12
10
35
20
15
29
13
16
22
19
33
27
18
11
17
20
14
655
333
322
45
45
10
11
Fish Catch
Before
After
Delineation
Delineation
2-3 kilos
5-10 kilos
12
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fisherfolks by allowing fishing of the latter within the 10.1-15 kilometers of municipal waters.
The compromise lowered the potential for conflict between the two groups of resource users.
The presence of strong and dedicated SIKAT staff for CRM has also helped as fisherfolks were
inspired by their actions. Their relentless lobbying and advocacy with the Office of the
Municipal Agricultural (OMA) and the SB led to good working relationships. Several champions
from SB carried the advocacy on municipal water delineation within the local governmental
bodies. These champion allies included the current Mayor Gerard Montojo and SB members
Jerry Mallorca and Gerry Mijares. It has also rekindled the interests of the provincial
government. In 2010, it provided patrol boat for the use of the province in monitoring fishing
activities in the province. The provincial government also allocated around Php1 million for
CRM-related activities, Php75,000 of which is allocated for turtle management.
In terms of hindering factors, the overlapping municipal waters between the Calatrava and San
Agustin slowed the completion of the delineation process. It was only after SIKAT and NFR
revived the issue through an inter-municipality dialogue that both municipalities agreed to push
through with the delineation. It was also difficult for the Municipality of Romblon to enforce its
fishery ordinance, which includes the protection of its municipal waters from illegal fishers.
Incidence of intrusion of small-scale to large-scale commercial fishers in the municipal waters of
Romblon was observable. These commercial fishers came from the Provinces of Mindoro,
Palawan and Masbate. At first, due to lack of communication and weak integrated law
enforcement, some illegal fishers were able to escape apprehension. With the delineation
process, an integrated and coordinated law enforcement was formed. The high costs of
deploying floating markers also hindered effective protection of municipal waters. Floating
markers were easily washed out especially during strong waves and typhoons. This was,
however, resolved when Bantay Dagat members were trained to read maps and use GPS.
III. Lessons and Insights in Community Organizing
One of the lessons that SIKAT learned is that the time spent for community organizing in the
Municipality of Romblon was cut into half compared with its experience of CB-CRM in the
Province of Zambales. This is because of a number of reasons. First, SIKAT staff members think
that being the first NGO to organize in the municipality help in speeding up the process of
community entry and trust building. It also helped that the LGU is very much supportive with
the CB-CRM program that it was easier for SIKAT to ask for assistance in terms of logistical and
financial supports. Moreover, municipal water delineation is closer to the hearts of fisherfolks
in the Municipality of Romblon. Fisherfolks in Romblon get their economic and food sustenance
from nearshore fishing compared to Zambales. Most of them use non-motorized fishing boats
and could not get that far. Thus, fisherfolks in Romblon tend to argue that municipal water
delineation will positively affect their fishing due to management of the municipal waters,
where their traditional fishing grounds are located.
Community organizing for municipal water delineation is always associated with organizing the
municipal fisherfolks at the expense of commercial fisherfolks. But the experience of SIKAT and
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KAPAMILYA in the Romblon changed this perception. It is also important that coordination and
engagement not only with the municipal fisherfolks but also with the small-scale commercial
fishers need to be established. SIKAT and KAPAMILYA gained the support of pangulong
operators in terms of surveillance at the 10km and beyond area. This resulted to an 85%
decrease in incidence of medium-large commercial fisher intrusion.
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