Titling of Mangrove Areas
Titling of Mangrove Areas

Translated from Cebuano by Edmundo Enderez
March 2007

In Brgy Loyola, Hinatuan, Surigao del Sur, a family worked for the titling of a mangrove forest with an area of 59.9 hectares which is part of Lot No. 1260, Parcel-1 and classified under the NAMRIA Land Classification (LC) Maps 724 and 3077 as Communal Mangrove forest.

The Communal forest as one the sources of economic need of the community residents like firewood and nipa for roofing of house and this serves as habitat of mudcrab, prawn and shrimps, shells and other living organisms of commercial and ecological values.

It was learned that the titling of the mangrove area did not go through the exact process of titling of lands per findings of the Land Evaluatioin Party (LEP-DENR Caraga). According to Mr. Virgilio A Santiago, Chief of Land Evaluation Party (LEP-DENR Caraga) “since I became an employee of DENR and Iwould like to reiterate that I have not encountered or heard that there is a mangrove area which was titled.”

Based on several documents and survey plan that were gathered, the said area was subdivided into several lots in the name of the members of Radigunda Dotarot, et. al. Five (5) of them have been issued with approved Katibayan of Orihinal na Titulo (KOT) details are as follows:

Owner

KOT No.

Area (sq.m)

Date Approved

Lelio D. Ortega

Title No. P-38844

89,996

July 25, 2006

Josefina D. Ortega

Title No. P-38842

90,001

July 25, 2006

Rico D. Ortega

Title No. P-38847

90,000

July 25, 2006

Lorna O. Sangalla

Title No. P-38847

45,828

July 25, 2006

Juveneth Q. Richie

Title No. P-38851

50,003

July 25, 2006

Total

 

365,828

 

In 2000, the residents of Brgy Loyola and the People’s Unite to Guard Aqua-marine (PUGAW), a fisherfolk organization, planted mangrove seedlings with the purpose of  making their source of livelihood sustainable for the present and future generation.

In view of this problem, the PUGAW together with the Brgy Council of Brgy Loyola brought the matter to the Center for Empowerment and Resource Development (CERD) – FIRMED Surigao in order to provide them assistance in protecting the mangrove area which has been the subject of mangrove cutting to clear the area for fishpond development.

The Brgy Captain Dinagay has said to CERD Program Coordinator that “… this matter has been brought to the attention to CENRO-Bislig City, but we were surprised now that the communal forest area has been titled already …” “I will not allow that the barangay residents will be dispossessed of their source of livelihood and we will ensure that this case will not be politically mired

CERD, PUGAW, DA-LGU and Loyola Brgy Council worked together in gathering of documents to serve as basis for the cancellation of the titles.  The CERD National Office also provided assistance by way of accessing of documents like the NAMRIA LC Maps.

On October 9, 2006 two (2) lawyers namely: Atty Raymond Salas and Jason Co of SALIGAN-Mindanaw – an NGO with program on protecting the environment in Mindanao – also extended their services upon request to resolve the problem and they observed the cutting of big mangrove trees and the initiation of making dikes for fishpond.

On October 10, 2006 here in Hinatuan a dialogue was conducted to resolve the issue and this was attended by Mr. Belo M. Udarbe, Chief for Land Management Division, DENR Caraga, CENRO-Bislig, LGU-Hinatuan, Loyola Brgy Council, PUGAW, Nagkahiusang Mananagat sa Hinatuan (NAMAHIN) – fisherfolk federation, CERD, SALIGAN lawyers and the family members of Radigunda Dotarot.

“We will not stop monitoring and assisting in protecting the communal forest in Loyola” as stated by Atty Salas during the dialogue.

During the dialogue, a consensus was arrived at and this was to put a stop on mangrove cutting and fishpond construction while waiting for the results on the survey conducted by the Land Evaluation Party DENR-Caraga within 15 working days. Despite the follow-up done by the Brgy Council of Loyola and even one month has lapsed, no survey result was received coming from the LEP DENR-Caraga and no order for the cancellation of the titles.

On November 27, 2006 another dialogue was called by Atty Paquito Rosal – the Regional Technical Director (RTD) for Land Management Services, DENR-Caraga – for the Brgy Council of Loyola and the family of Radigunda Dotarot but still the issue was not resolved due to insufficient documents presented to RTD Rosal.

The Loyola land issue is the talk of the town in Caraga Region.  The National Economic Development Authority (NEDA) which is the secretariat of Regional Development Council – Economic Development Council (RDC-EDC) brought the issue during the RDC-EDC Meeting in order to directly bring the matter to the attention of Regional Executive Director Benjamin T. Tumaliuan, CESO III of DENR-Caraga.

“I and my technical men will go to Loyola on Dec 12, 2006 to investigate the matter,” which is the statement of RTD Rosal in front of the officials of the RDC-EDC.

On December 12, 2006 the team of RTD Atty Rosal and CENRO-Bislig conducted the survey in the area. He promised to the representatives of Brgy Council of Loyola, DA-LGU, PUGAW and CERD FIRMED-Surigao that “Before Dec 23, 2006 I will be able to submit to RED Tumaliuan the report with recommendation pertaining to the cancellation of the title.”  Thus, the residents of Brgy Loyola expected that the promise will be their Christmas gift and blessing for the coming year 2007.