Towards Securing Fisherfolk Settlement

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TOWARDS SECURING FISHERFOLK SETTLEMENT

LESSONS FROM ZAMBALES



TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES

Researcher-Writer: Abby MercadoSentro para sa Ikauunlad ng Katutubong Agham at Teknolohiya, Inc. (SIKAT, Inc.)

Copyright 2011SIKAT, Inc. All rights reserved

No part of this publication may be reproduced in whole or in part, or stored in a retrieval system, or transmitted in any formor by any means, electronic, mechanical, including photocopying, recording or otherwise, without written permissionfrom the publisher.

SIKAT, Inc. is a non-government organization committed to organizing interdependent communities and people’s organizations,and facilitating community-based coastal resource management; promoting appropriate fishing technologies; advocating forcommunity-based natural resource management, gender fairness, sustainable livelihoods, good governance and genuine fishery

policy reforms by direct lobbying or federation building; and, developing a physical and human Resource Center for NaturalResource Management accessible to, and in partnership with, community organizations.

Cover and Book Design: Marco Ruben T. Malto II

Published by Sentro para sa Ikauunlad ng Katutubong Agham at Teknolohiya, Inc.

Unit 340 Eagle Court Condominium26 Matalino St., Brgy. Central, Diliman, Quezon City, PhilippinesTelefax: (+632) 927-2325Website: www.sikatphil.org

Email: [email protected]

This book was made possible through the project funding assistance from Oxfam Hong Kong.



FOREWORD: RESPONSIBLE WELLBEING IN DEVELOPMENT 1

INTRODUCTION 3CASE STORIES:

MYRNA 7

REMY 15

MARLYN 25

SALLY 31

SIKAT’S CONTRIBUTION TO RESPONSIBLE WELLBEING 41

MAKING IT HAPPEN 45

APPENDIX 1: DEMYSTIFYING MISCONCEPTIONS 47

APPENDIX 2: LIST OF ACRONYMS 49

ACKNOWLEDGEMENTS

CONTENTS



With the challenging attempts todefine ‘wellbeing’ in the context of

international development come evenmore struggling efforts to measurethe wellbeing impact of development

work.

Referring to Oxfam Hong Kong’s

(OHK) framework of ‘responsible well-being’, which places changes within

individual wellbeing as the highestlevel of change, Towards Securing

Fisherfolk Settlement: Lessons fromZambales is one exciting attempt to

feature the extent of contribution of

SIKAT’s Fisherfolk Settlement Advocacy and Model-Building Project

to the wellbeing of its individualstakeholders, through the unique

stories of four women fromZambales.

Oxfam Hong Kong believes that the

responsible wellbeing of people,especially the poor, is the ultimate

goal of its development and humani-tarian work.OHK defines responsible

wellbeing as ‘a sense of personal andcollective fulfillment, balance andintegration’. It is seen to have four

critical dimensions, as:

Self- sustenance (i.e. sustainable

livelihoods with dignity in labor, somematerial comfort and leisure); Self-esteem (i.e. a sense of

self-worth and respect from others,

ability to appreciate and live outpositive values);

Self-determination

(i.e. the ability to make individual

and collectives choices andenjoy individual and collective

freedoms); and Social responsibility (i.e. social

and personal solidarity and

FOREWORD

RESPONSIBLE WELLBEINGIN DEVELOPMENT



responsibility, peace and security,

and a capacity for empathy andcaring, linked to awareness of

interconnectedness and the impactof their lives on others).

The stories of Myrna, Remy,Marlyn and Sally have shown

Positive evidences of change in theirwell- being as a result of their

involvement in the work of SIKAT,

particularly concerning fisherfolksettlement issues. These four women

represent the situation of manyfisherfolk families in the country, and

their contributions to the advocacyexemplify the dedication of other

women, as well as men, doing their

share in addressing the escalatingissue of fisherfolk settlement in the

Philippines.

By focusing on the plight of fourwomen, SIKAT also hopes to highlight

how the settlement issue tends to be

perceived as a women’s issue in mostcoastal communities since they are

often left to tend to their homes andchildren, while their fisher-husbands

are out in the sea to provide food onthe table. That more of these Filipinowomen are taking on social roles, and

are not only fulfilling reproductivefunctions, is worth recognizing, and

should be further encouraged

through adequate support. Filipinomothers are also called ‘ilaw ng

tahanan’ (meaning ‘light of thehome’) for their great responsibility of

looking after all the household needsof their families. In this book, these

four women, also mothers, showcase

how they are going beyond theirtraditional roles and start fighting for

a place to live not only for their ownfamilies, but also for the rest of the

coastal communities in the country.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | 2



Fishing is, understandably, a vital

industry in an archipelago of morethan 7,000 islands. But why

are the fisherfolks one of thepoorest sectors in the Philippines

that they cannot even afford tosecure one of man’s basic needs—shelter? To date, the lack of

tenurial security threatens the livesand livelihoods of the majority of

the country’s more than two million

municipal fisherfolks.

Coastal and marine environmentdegradation, commercialization,

urbanization and tourism area few of the many other factors

contributing to the increasing

vulnerability of the fisherfolks. A resulting and growing issue in

a rising number of coastal commu-nities in Zambales is fisherfolk

tenurial security. Some fisherfolkfamilies are forced to sell their

INTRODUCTION



lands to investors due to poor

catch and declining income, whileothers are evicted from their lands

due to the presence of otherClaimants— whether legal or illegal.

On the one hand, SIKAT’s effortsin Zambales have been mainly

focused on poverty alleviationin the coastal areas through

resource management, for the past

20 years. Its project initiativeon fisherfolk settlement, on the

other hand, targets the underlyingissues that lead to the displacement

of many fisherfolk families, leavingthem homeless and without

their fishing livelihoods. The

majority of the fishers in the areado not possess the necessary

documents to prove their settle-ment rights to the land. Many

simply rely on their tax declarationor tax receipts, which are not even

a sufficient or strong proof of land

ownership.

Community-based coastal resourcemanagement provides the commu-

nities the rights, as well as theresponsibilities, to use, protectand manage coastal resources

at a specific management unit,be it the establishment of a fish

sanctuary, demarcated area,

mangrove reforestation, seagrassreservation, and municipal waters

delineation. A management unithas two major elements—

the coastal/marine resourcesand the communities, and these

two elements are interconnected.

The community’s capacity andcapability to assert their right to

manage is essential in this process.When fisherfolks are resettled in

another area, the protection andmanagement of a fish sanctuary

and other coastal resources is

inevitably affected. Relocatingfishers far from their sources of

livelihoods results in anxieties overthe safety of their fishing boats and

fishing gears. Having to walk longdistances to get to the sea also

has huge consequences on thefishers’ daily catch.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Introduction | 4



SIKAT’s preliminary involvement

in fisherfolk settlement issuesstarted in the late 90’s, but the

three-year funding support fromOxfam Hong Kong has enabled

SIKAT to address the issue using amore strategic and localizedapproach. The SIKAT Fisherfolk

Settlement Advocacy and Model-Building Project aims to integrate

fisherfolk settlement in governmentpolicies and development frame-

work, and come up with working

models on securing fisherfolktenurial rights at the local level.

SIKAT hopes to achieve

this through:

Increased awareness

of people’s organizations, NGOs,networks and government

institutions on the issue of fisher-folk settlement, settlement-related

laws, and legal and metalegal

tenurial rights, options and

strategies; Advocacy on appropriate

national and local policies that

recognize the need to secure

settlement areas for the fishingcommunities;

Development of local models

using tenurial tools and metalegalpractices to fisherfolk settlement

rights; and Development of an

institutional strategic direction thatwill ensure continuity of fisherfolk

settlement advocacy andcommunity-based support after

the OHK support ends.

Through the use of case stories,

the research for this book providedthe opportunity to feature some

of the efforts of the SIKATfisherfolk settlement project on the

ground. More specifically, the casestories in this book hope to show

how the project contributes to the

wellbeing of its stakeholders,in particular, and to community

development, in general. In doingso, this publication will also serve

as a resource in order to: Monitor and evaluate the

SIKAT Fisherfolk Settlement Advocacy and Model-Building

Project in Zambales; Distil learnings and reflect on

the project’s good practices; and Document and promote/

replicate good practices in other

areas.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Introduction | 5



Myrna Rodriguez was suffering

from sleepless nights followingthe discovery that the land where

she was born 55 years ago belongsto people who have never even set

foot in their area. Feeling hopelessand sick with worry mostof the time, she had to stop selling

fish, hindering her from supportingher husband’s freelance photo-

graphy job in order to earn suffi-cient income for the family.

“All my four children were stillin school at the time… both my

parents and all my relativeshave lived here all their lives,

and I had no idea where we could

stay if we had lost our homes.”Myrna and her family had no other

place to go, and nor did the restof more than 200 families now

residing in Barangay Felmida-Diazof Cabangan, Zambales. Only three

families were staying in the area

when Myrna’s ancestors decidedto settle in the idle land of

Barangay Felmida-Diaz threegenerations ago.

Task force for the fishers,by the fishers

“We were not taking actionas an organized group back in

1996 when we found ourselvesconfronted with the possibility

of being displaced. Without

adequate knowledge and capacityto deal with the legal implications

of our settlement problem, we didnot even know where to start.”

Myrna talks about feeling helpless

about their situation, a sentimentshared by all other residents

in their area who do not possessthe necessary documents to uphold

their rights to the land.

Myrna

Myrna Rodriguez says it is easierto mobilize members of her barangay,having earned their respect.



Model 1 : Revers ion of Land T i t les

Reversion of titles is defined as the process of cancellation of the

title by the court filed by the Solicitor General based on the DENR

recommendation, which is founded on the formal protest filed by

the affected people or community. This model could be used by the

fisherfolks when the titled land or the process of its titling is found

to be irregular or illegal, when there are already residents occupy-

ing the land before the titling or when there is a threat of displace-

ment of the current occupants, and there is valid evidence that theland claimant has never resided in the claimed property.

Waiver of rights involves the land owner waiving his rights to the

land; this is possible particularly when the community is confident

of their rights to the property in question, such as when the titlingprocedures over the property are found to be irregular or illegal.

Land donation is possible when the land owner agrees to donate

the entire or parcel of land to the community, particularly the lot

areas which are already being occupied.



“Eventually, we decided to

approach SIKAT for support since ithas been assisting us with our

other community problems foryears.”

While Barangay Felmida-Diaz isalready part of SIKAT’s existing

programs in Zambales, fisherfolksettlement was not always one of

them.

“How can we promote the concept

of sustainable use and manage-ment of coastal resources if the

fisherfolk families, our key resourceand stakeholder, cannot continue

living in their own homes and are at

risk of losing access to their mainsource of livelihood for good?”

Chito Dugan, SIKAT ExecutiveDirector, explains why they were

prompted to expand their work inthe area to include efforts to

address fisherfolk settlement

issues.

SIKAT started with what theydo best—organize the people.

The Task Force Settlement(TFS) was formed in 1998 aspart of SIKAT’s initial activities

in tackling the tenurial issuetogether with the members of

the community. With supportfrom SIKAT, the TFS members

mobilize communities, conduct

researches including inventory ofpublic lands, lobby for local

ordinances with the concernedauthorities and local government

units (LGUs), process the necessary

documents and file appropriateactions regarding their cause,

as well as network with relevantagencies and sectors. Upon

learning of the magnitude of thesettlement problem, the TFS grew

into a bigger group at the provinciallevel to include the TFS local units

of other coastal communities inZambales, with 10 barangays

forming its own fisherfolk settle-

ment advocacy group. Membersof the provincial TFS meet on a

regular basis to share updates andmore importantly, lessons. The TFS

is composed of 25 men and womenwho volunteered to be members,

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Myrna | 9



but SIKAT has observed that the

women tend to be more active.This encouraged SIKAT to be more

proactive in getting more meninvolved to reduce the burden of

securing tenurial rights on thewomen.

Cristina Reyes, SIKAT ProgramManager, shares that although the

Oxfam Hong Kong’s official supportto the project ends in 2011, she is

confident that the Task Force

Settlement will be able to continuethe work they have started. “The

OHK funding has allowed us toconduct series of relevant trainings

through the years in order to build

the capacity of the Task ForceSettlement members. Nevertheless,

SIKAT will continue to providementoring activities for the group,

as appropriate.”

A continuing struggle

Findings of the research led by theTask Force Settlement-Cabangan

revealed that all of the 11 hectaresof Barangay Felmida-Diaz were

‘illegally’ acquired by five ownersmainly because proper proceduresin issuing land titles were not

observed. Myrna, an active memberof the task force, narrates that such

crucial findings enabled them topursue appropriate actions as

mandated by government policies,

particularly by the Department ofEnvironment and Natural Resources

(DENR) and Land ManagementBureau (LMB). As SIKAT and the

task force continue to explore the

law, along with various tenurialtools and practices in securing

fisherfolk settlement rights, severalmodels have been established to

act upon the different circum-stances surrounding each

concerned fisherfolk barangay.

In the case of Barangay Felmida-

Diaz, the SIKAT model on securing

fisherfolk tenurial rights involving

the ‘Reversion of Land Titles’, ‘Waiver of Rights by Land Owner’

and ‘Land Donation’ has already

yielded positive results for some

families. With legal, logistical and

training assistance from SIKAT,Myrna, together with other

members of TFS-Cabangan, is

able to process the necessary

documents and deal with the

authorities to facilitate the awarding

of the ‘Deed of donation’ to the

entitled families of their barangay.

To date, deeds of donation have

been signed and awarded to 24

families of Barangay Felmida-Diaz.




This process of negotiation with the

land owner is being done simulta-neously with the use of reversion of

land titles. The reversion case is stillbeing pursued on the ground of

fraud and misrepresentation on theacquisition of the land title throughfree patent. Once the reversion of

land title is achieved, the currentoccupants can then be the

legitimate applicants for the freepatent.

A different, better MyrnaMyrna shares that she used to have

an easy-going lifestyle with more

time to chat with her neighborsonce she had sold all her fish. The

settlement problem had changed allthis. Being directly affected by the

issue, she had no choice but to take

part in the community actions. Heractive involvement in the commu-

nity efforts concerning the

settlement problem later led to her

further participation in addressingother community issues having

been elected by her barangay as aKagawad; a barangay is the

smallest political unit in thePhilippines, headed by a barangaycaptain and composed of several

councilors or kagawad, and hasboth executive and legislative

powers. Myrna is also elected Chairof Municipal Fisheries and Aquatic

Resource Management Council

(MFARMC) in her area, andsecretary of its provincial unit, due

to her involvement in coastalresource management through

SIKAT. Apart from enabling her to

help other members of her own andother barangays, these positions

have also provided Myrna withvarious opportunities for learning

and personal growth, as well asincentives for her family including a

livelihood grant for a fishpond.

Although she now leads a busier lifewith her increasing community

involvements, Myrna proudlydiscloses why she has every reason

to feel happier.

“I gained the courage to deal with

our settlement problem afterundergoing a series of paralegal

training organized by SIKATbecause I know more about the

issue, our rights and what we can

do as a community.” Myrna says itis also easier for her to mobilize

other members of her barangay,having earned their respect given

her Task Force Settlement

involvement.




Edgar Peregrino, a 60-year-old

resident and fisher of BarangayFelmida-Diaz, echoes this

confidence in Myrna’s capacity toget things done as he shared his

own settlement problems. Apart

from feeling threatened by theissue, Edgar says that the activities

involving their settlement problemin the past 15 years often took a lot

of their fishing time, preventingthem to make enough living for

their families. When asked if he

feels more secure about his landnow, Edgar nods and explains,

“I know that Myrna is already incontrol of our situation. I only have

to go to her for answers to my

questions.” Hence in an evenprouder tone, Myrna shares that

even the men in the communitynow approach her for information

and advice on the issue; someasking her to lead them. She

admits that such instances help

build her self-esteem as a

woman, particularly sinceher husband recognizes

and fully supports herinvolvement in the

fisherfolk advocacy.

Since her children have

attained higher educationthan her secondary

schooling, Myrna says sheused to seek advice from

them regarding the issue.

Today, her children come toher for information and want

to be involved in their mother’sefforts to address their

community’s settlement problem.

Myrna acknowledges that their

struggle is far from over, butarmed with a deeper understanding

of fisherfolk settlement issues andsupported by the strength of a

more-organized group of people

undergoing the same struggle,

Myrna feels confident that theywill win in the end and she will

be able to sleep more soundly inher very own home in Barangay

Felmida-Diaz, for years to come.


Edgar Peregrino is confident that Myrna

is in control of their situation.



It is one thing to be forced by a

group of armed men to leave yourhouse and watch them destroy the

home you built with your ownhands; it is another thing to be the

only family in a village of many to

have to suffer while the rest are leftto watch… and learn a lesson from

your misfortune.

The demolition job may havehappened in 2008 but Remy

Loayon still breaks down in tears as

she recounts her family’s traumaticexperience. They have recently

returned and started building theirhome again due to their confidence

in the negotiation that SIKAT has

facilitated with the land owner. ButRemy says they continue to fear

going through the same horrificexperience until they are able to

legally secure rights to their land. “We are aware that we do not have

rights to the land, but we are also

willing to do what it takes to makethat happen. Our family suffered

because we did not know at thetime who was telling us the right

information and therefore, who

should be guiding us in the rightdirection through the legal

procedures.” Remy says that thedemolition job was a result of a

misguided action on the part ofRemy and her husband, both not

having any knowledge of the law.

They ended up going to the wrongperson for help— someone who

has great political influence— ratherthan to the authorities on the

matter. But while the demolition

only happened to Remy’s family,her settlement problem is shared

by 284 other families in their area,because they also do not possess

any legal documentation to securetheir land.

Remy

Remy Loayon discloses her feelingsof self-pity due to their demolitionexperience, but it has taught her to

be more questioning and resourceful.



Model 2 : Community Mortgage Program (CMP)

The Community Mortgage Program is a government housing program

wherein an organized community can access a loan through the National

Housing and Mortgage Finance Corporation (NHMFC), and hence is another

option for fisherfolks to access homeownership. The CMP offers the lowest

interest in housing loans, or six percent per annum with 25 years to pay

(maximum loan term). One crucial requirement in applying for a CMP,

however, is the land owner’s willingness to sell the property to the

community; the latter being represented by a duly-registered community

association. The residents, minimum of 20 families/beneficiaries, should also

be willing and capable to buy the said property. Four major stakeholders are

needed for a CMP to take operation and each has own functions and

responsibilities for the approval of the loan: 1) land owner; 2) homeowners

association; 3) originator (accredited by the NHMFC, may be an NGO, LGU,national government agency or corporation); and 4) the Socialized Housing

and Finance Corporation.



Voters’ registration gone bad

In 1986, Remy and her husband,together with their three children,

moved to Zambales from Surigaodel Norte in search of a more

peaceful community and better

work opportunities. The SubicMilitary Base in Zambales

generated jobs for many, includingRemy’s husband who still works to

this day as a welder supervisor in aship repair facility in the former

military base area. Subic was also

ideal for fishers due to the thenavailability of idle lands close to the

sea, which attracted transientfisherfolks to build permanent

settlements in the area. This

resulted in the establishment ofsmaller villages including Sitio

Cabangaan where Remy and herfamily reside, which is part of the

larger Barangay Cawag. Back then,Remy recalls, they only had to

secure permit from the leader

of the nearest barangay in order

to build a house in BarangayCawag. Remy says their part of

the village used to be desertedand thickly covered with wild

bushes. Today Barangay Cawag

is home to 1,938 families includingRemy’s seven children, with easy

access to basic health and socialservices. Unfortunately, the

permission to build a house fromthe barangay leader back in the

80’s came with a price—Remy and

her family can stay in the nearbyvillage but they will be registered as

his constituents so they can votefor him during elections.

The problem with this unspoken

agreement has finally emergedwhen the Commission on Elections

(COMELEC) called for a barangaymeeting in 2003 to validate its

existing records of registered votersin the area.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Remy | 17




The COMELEC advised Remy and

her village neighbors to get listedunder the barangay where they are

actually residing. Implications ofthis led to disputes concerning their

village’s proper political boundary,

which affected their use of themore accessible health and social

services. But later in the sameyear, the people of Sitio Cabangaan

had to face a much bigger tenurialconflict when someone announced

a rightful claim of the land where

Remy’s house had stood for thepast 17 years.

Making informed decisions

Along with the declaration of the

supposed-owner came supportfrom a foundation offering to act as

the ‘originator or guarantor’ for theresidents of the land in question so

they can opt for the CommunityMortgage Program; this option will

enable them to claim rights

to the land througha meager monthly mortgage,

with assistance from the localgovernment and other sector

representatives. Through the

Community Mortgage Program,residents will not be displaced,

hence allowing them to stick totheir livelihoods and enabling them

to pay the required mortgage. Although many of the residents of

Sitio Cabangaan are laborers of a

ship repair facility in the area,most residents are still fishers.



The foundation as the originator

has the duty to provide theresidents with proper orientation

on the CMP. Some residentsimmediately applied for the CMP

following the orientation. But the

concept of paying mortgage or rentfor a place that has served as home

for years is a difficult compromisefor many of the affected residents.

Moreover, many residents weredoubtful of the accuracy of the

information given to them by thefoundation and preferred to heedthe advice of other influential

people. These resulted in theformation of a break-away home-

owners association, the Balon

Homeowners Association (BHOA),which Remy and her husband

ended up heading as adviser andpresident, respectively.

Before SIKAT’s involvement in the

Sitio Cabangaan settlement prob-lem, Remy’s group was acting upon

the advice of a political figure andother hearsays that encouraged

them to bring the case to court.

After a series of court proceedings, their outcomes not only delayed the

process and cost Remy and theother residents their hard-earned

money and precious time, but theyalso resulted in court cases against

them, labeling them as ‘recalcitrantand unlawful detainers’. In 2007,a federation of fisherfolk organiza-

tions in Subic, of which somemembers are also involved in the

Task Force Settlement, decided to

bring the tenurial problem of SitioCabangaan to SIKAT for assistance.

By this time, there were alreadypending court cases against some

of the residents, including Remyand her husband. Nonetheless,

SIKAT found ways to address the

residents’ lack of proper informationto guide them in their future

actions. Orientation seminars wereorganized, including paralegal

trainings, and planning sessions

with the residents were held for amore strategic approach to the

issue. Researches on the case andthe settlement area were also

conducted, along with negotiationswith the legal owner.

With the right information andparalegal assistance from SIKAT,

the better-informed members ofthe Balon Homeowners Association

have finally entered into an agree-

ment to sign up for the CommunityMortgage Program in 2009. This

also resulted in the withdrawal bythe legal owner of filed court cases

against some of the residents.




Hard-earned life lessons

“Those residents in Sitio Cabangaanare illiterate, that is why they have

their own opinion!” Remy painfullyremembers what the land owner

told the judge during one of the

court proceedings. “I wanted toshout back, ‘Not everyone!’.” Remy

shares that she graduated as Valedictorian in high school but she

decided not to pursue collegebecause she wanted to help her

parents in supporting her othersiblings. “Because of our experienceI wish I had persevered, and

maybe even took up law!” Remylaughs at her dream of continuing

her education at 54. On a more

serious note, she adds why, “Manyof my neighbors come to me for

advice. Their arguments about thecase seem right to me, but because

I did not finish my education and Ido not know the law, I cannot to do

anything to help them.”

Remy discloses that her feelingsof self-pity are due to their

experience, but says it has taughther to be more questioning and

resourceful when it comes to

dealing with their problems, ratherthan simply depending on others

for instant solutions.

As adviser and president of theBHOA, Remy and her husband

spend a lot of time facilitating theprocessing of their documents andof their fellow residents in order to

apply for the CMP.

Remy’s 22-year-old daughter

Giesha shares that she and herother siblings used to complain thattheir parents are out most of the

time attending to their neighbors’

needs. But when she attended oneof their meetings, Giesha realized

the value of her parents’ role in

the association.

“We all have the same problembut if my parents will not do their

share then we will all end up living

on the streets, homeless.”This realization encouraged Giesha

to assist her parents by postingflyers in their area to announce the

upcoming BHOA meetings. Gieshasays she never thought that a

‘document’ can be so importantand could bring them so muchsuffering, but admits she feels more

confident now about their situationbecause they are better equipped

with the right information.




Going beyond the household

Twenty-five-year-old SherlynTadeo, a mother of three and close

neighbor of Remy, counts on herhusband to deal with their tenurial

problem because she has to attend

to her children. Still she recalls thatamong their earlier mistakes is

paying a monthly mortgage to thewrong people because they were

misguided. These days, they trustthe information they acquire through

Remy.

Unlike Sherlyn, however, Remy

believes that as a wife, she can domore than just attend to her house-

hold duties. She says she can earn a

livelihood for her family, too,through vegetable garden and

herbal medicine, and she wantsother women to feel the same.

Apart from acting as the adviser to

the BHOA, Remy has been volun-teering as a barangay health worker

most of her life attending to thehealth education and nutrition

information needs of her community.

Although she did not win as aKagawad in the last election, she

was satisfied with the support of herown community due to her landslide

victory in her area; she lost to 17votes from the neighboring village.

Losing the election has notdiscouraged Remy from continuing

her community involvements. “My barangay assignments make me

happy because they make me forget

my own problems.” Remy shares sheprefers to be of service to people in

need and be able to do somethingfor others, rather than stay at home

and dwell on her own problems, andbecome unable to do anything of

worth.


Sherlyn Tadeo recalls paying to thewrong people for their monthlymortgage.



Even though it took them 10 years,

Marlyn Calderon still feels they hadit easy when it came to acquiring

legal rights to their land in compari-son with the other barangays in

Zambales still struggling with their

settlement cases. This is mainlybecause their area turned out to be

a land owned by the government,rather than by a private claimant.

Their more fortunate case,however, did not stop Marlyn from

taking part in the Task ForceSettlement and seeking moreknowledge about the issue,

enabling her to participate in theongoing fisherfolk advocacy and to

share her understanding of the

issue with those who need it more.

‘Handog Titulo’Talks about the land title status of

Sitio Agoho, a fishing village inBarangay San Isidro of Cabangan,

Zambales, first emerged as early

as the 1980’s. SIKAT was not evenaround at the time, and the

residents, unaware of the strengthof collective efforts, were acting on

the basis of different information

and advice from almost anyone.With SIKAT’s entry in the commu-

nity in the mid-1990’s came theorganization of the Katipunan ng

mga Mangingisda ng SIKAT (KMS),a federation of fisherfolk organiza-

tions in the area. SIKAT’s initialassistance in their pilot areainvolved micro-finance, livelihood

and resource management throughthe people’s organization.

In 2008, Marlyn and 20 otherfamilies settling in Sitio Agoho have

been awarded with the free patenttitles to their lands through ‘Handog

Titulo’ (meaning ‘Awarding ofTitle’), a continuing program of the

Marlyn

Marlyn Calderon shares that a house isimportant in keeping a family together.



Model 3 : Misce l laneous Sa les Patent (MSPA)

and Free Patent Appl icat ion (FPA)

This tenurial security strategy using the MSPA and FPA is implemented

through applications for the alienable and disposable land owned by the

government: the MSPA is mainly for the purpose of residential use,

and with corresponding reasonable payment; the FPA is for agricultural use,

but for residential as well, based on Batas Pambansa No. 223 or “An Act

to hasten titling of residential lands of the public domain by authorizing the

grant of free patent under certain conditions and providing for expeditious

cadastral and other judicial proceeding with respect thereto and for other

purposes.” The common issues in applying for MSPA and FPA involve:

a) the financial capacity of the fisherfolk to pay the land survey fee and buy

the land under the MSPA (as a government program, the land is priced

at the lowest assessed value); b) applicant’s knowledge on title application;

and, c) other claimants of the land in question.



that can address these.

The political will of LGU officials anda strong collaboration with the

sector are important factors insecuring tenurial rights for the

fisherfolks.

Marlyn and SIKAT

through the yearsMarlyn’s daughter was only five

years old when Marlyn got initiallyinvolved with the work of SIKAT in

their community. This daughter isnow 24 years old and Marlyn stillcontinues to be an agent of change

in Barangay San Isidro. Her fourchildren are also involved in her

community activities, hence she

gets their full support, includingthat of her fisher-husband, in

doing what she loves. At 55, Marlynsays she has been involved with

SIKAT’s work since the organizationfirst came in their area 20 years

ago. She manages a community

center which used to be SIKAT’sfield office before it was turned

over to their organization in 2000.Now the president of the Katipunan

ng mga Mangingisda ng SIKAT,

Marlyn reveals she would not bethe person that she is now if not

for SIKAT.

As a wife of a fisherman and afish vendor, the recognition she

gets from her community makes itvery easy for Marlyn to sell all herfish and products in a flash. But

according to Marlyn, this livelihoodadvantage is nothing compared to

the acknowledgment she gets from

people of various profiles outsideher own village.

“I am often asked to speak to a

group of people to talk about howwe, as a community, are taking on

our social problems, including the

fisherfolk settlement issue.”Universities and other organizations

based in Manila, the country’scapital, often come to Marlyn,

as fisherfolk and community

representative, for their socio-civicprograms.

Marlyn is often amazed at the type

of people she has come to meetand deal with over the years.

“Imagine someone like me, whoonly got to finish grade six inschool, talking to these people?”

Marlyn shares she is often a hostparent to students from prestigious

universities in Manila for their

community immersion activities. “One summer, one of my ‘children’

turned out to be the nephew of thePhilippine president!”

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Marlyn | 29



Marlyn admits to taking pride in

being addressed as the ‘president’of her long-time organization, the

KMS. She is often urged to run foroffice in her barangay but Marlyn

says she does not need to be

in politics in order to serve hercommunity. Nonetheless, Marlyn’s

involvement with SIKAT’s work hasled to her membership in many

other people’s organizations in thearea, and has linked her to relevant

government agencies. Whereasshe used to shy away from peoplebefore, today, Marlyn often acts as

consultant and adviser to otherresidents on their various problems.

Marlyn shares she often findsherself reprimanding some men in

their village who she finds guilty ofdomestic violence. Since the men

are well-aware of her connectionswith the Department of Social

Welfare and Services, they take

heed of Marlyn’s warning ofreporting them to the authorities.

Her active involvement in the TaskForce Settlement, on the other

hand, has certainly enhanced her

paralegal skills. She talks about awoman in her village who came to

her feeling threatened becausesomeone else is claiming rights

to her land. Marlyn assured herterrified neighbor that for as long

as the land title is under her name,then she has nothing to worryabout. Before she got the free

patent title to their land, Marlynsays she felt constantly alarmed

of the possibility of losing their

home. Today, she no longer fearsfor their tenurial security. “A house

is important in keeping the familytogether,” is Marlyn’s simple

explanation why she continuesto be a member of the Task Force

Settlement years after her own

settlement problem has beenresolved.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Marlyn | 30



SallySixty-one-year-old Sally Franco

Ruiz is the legal owner of the landwhere her house stands and does

not have tenurial rights problemas do many families in her area.

This, however, has not deterred

Sally from getting involved inthe struggle of most coastal

communities and advocating forfisherfolk settlement, not only in

the local level, but also in nationalpolicymaking forums.

The complex case of Bague

It all started with Sitio Bague.During the National Conference

on Fisherfolk Settlement held inFebruary 2010, organized by

SIKAT in cooperation with thePhilippine Locally-Managed Marine Area Network, Sally presented the

fisherfolk settlement case of SitioBague to more than 50 conference

participants representing different

fisherfolk organizations all over the

country.

Sally said that through the years,Sitio Bague has resorted to various

tenurial security strategies given

the constant change in legalownership of the land, and the

Poor financial capacity of the Bagueresidents. SIKAT’s involvement

in the issue has commenced in2001. A local unit of Task Force

Settlement was formed, and thecommunity’s fisherfolk organizationhas become actively involved in

the task force’s advocacy activities.Through series and continuous

consultations, orientations,

dialogues, organizing andnetworking activities, tenurial

Security options for the Bagueresidents include engaging in a

Community Mortgage Program or topush for the integration of Bague in

Sally Franco Ruiz shares that she isnow identifying and training a newbatch of leaders to take on her tasksand continue what she has started.



Model 4: Integration of Fisherfolk Settlement in Local Government Policies

This model involves use of different strategies pending on the local development context of the area in question (e.g. settle-ment near a mangrove area, within the foreshore land or in a small island, etc…). Each approach also has its own procedures,as well as advantages and constraints.

Comprehensive Land, Water and Forest Use Plan (CLWFUP) CLWFUP aims to identify specific zones for fisherfolk settlement to limit other coastal zone use. By integrating CLWFUP in local

policies, fishers will be protected against possible land use conversion and possible displacement. This strategy involveseducating the local government unit (LGU) on the status of fisherfolk settlement in the municipality.

Comprehensive Municipal Fisheries Ordinance (CMFO)

CMFO provides a comprehensive assessment of coastal zone and their management unit including both marine and land areas.

The CMFO has a legal basis in Article 16, Section 78 or Fisherfolk Settlement of Republic Act 8550. This policy will assist theLGU in formulating a fisherfolk settlement program, resulting in a change of perception among LGU officials and start

recognizing the fisherfolk as a sector of their municipality.

Fisherfolk Settlement Ordinance (FSO) FSO provides the fisherfolks an avenue to secure settlement through the designation of a specific area for fisherfolks.

Inventory of Public Land

The inventory of public lands is crucial in the implementation of the CLWFUP, CMFO or the FSO. The inventory is thefundamental source of data in identifying lands that can be tapped as fisherfolk settlements. Most of the time, the actual statusor information concerning the fisherfolks current settlement is unclear and misleading, hence the need for a more reliable data.The two primary procedures in doing an inventory are: 1) choosing or identifying possible areas for new fisherfolk settlementbased on the “real” status of their current settlement; and 2) ensuring the status of the fisherfolks’ current tenurial area and the

identified resettlement area.



a local government policy andhave Bague declared as a fisherfolksettlement under the Comprehen-

sive Land, Water and ForestUse Plan.

As the elected chair of her locality’sMunicipal Fisheries and Aquatic

Resource Management Council, andsecretary of its provincial unit, Sally

oversees the fishing and aquaticresources concerns of 16 barangays

in Zambales (all of which arecoastal communities, many areconfronted with distinctive issues of

tenurial security), including SitioBague. She recounts her countless

participation in dialogues with

members of different barangays,local government officials and land

owners to facilitate the still ongoingprocedures, which have started way

back in 2000.

“Bague is not a simple case

because the community is dividedin choosing options but I amhopeful that a consensus will soon

be achieved.” Sally says that herinvolvement in the case of Sitio

Bague marked the beginning of

her continuing fight for fisherfolksettlement.

From the community

to nationalIn 2005, the Municipal Fisheries

Ordinance No. 23-A of 2003 or ‘The New Candelaria FisheriesDevelopment and Management

Ordinance of 2003’, draftedby SIKAT, was approved for

implementation by the local

government after years of lobbying.

“The local ordinance has alreadyresulted in the establishment

of marine protected areas andit supports our volunteer patrolling

efforts against illegal fishing

activities.” Sally takes pride in thisachievement as a member of theSIKAT Technical Working Group,

which was the key proponent ofthe ordinance. She says her love for

the ocean, and its vast resources,

is more than enough reasonfor her to want to protect it.

But Sally’s lobbying efforts are

not limited to the municipal,or even provincial, level.

She is able to raise awareness onfisherfolk settlement issues at thenational level as Fisherfolk Director

of Region III, representing herlocal fisherfolk organization.

In a national conference, organized

by the Bureau of Fisheries and Aquatic Resources (BFAR), Sally

realized that the case of Sitio Bagueand other fishing barangays in

Zambales is shared by most coastalcommunities all over the

Philippines, and yet very little

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Sally | 33



attention is being given to fisherfolksettlement issues. Also an activemember of Task Force Settlement,

Sally has a good grasp of thetenurial issues on the ground to

share with larger audiences. As

Sally found allies in other regionalrepresentatives in the conference,

she shares becoming one of theproponents for the establishment

of the Committee on FisherfolkSettlement and Climate Change,

under the Philippines’ National Anti-Poverty Commission.

The politics of advocatingfor policies

While Sally is successful in bringing

her fisherfolk advocacy with her asshe finds her way into national

committees, SIKAT goes back tolocal channels for more-immediate

enactment of equally significantfishing ordinances.

SIKAT has been advocating for

fisherfolk tenurial security for yearsin response to the growing trend offishers’ displacement in the coastal

areas brought about by changingland use pattern, due to increasing

market value of land in coastal

zones among other developmentfactors. The project funding support

from Oxfam Hong Kong has allowedSIKAT to conduct researches on

land and housing-related laws,produce case studies and other

information materials on fisherfolk

settlement, and popularize legaland metalegal tenurial tools.Coastal resource management

practitioners, including fisherfolkcommunities, have gained

knowledge and understanding

of fisherfolk settlement issuesin the Philippines along with the

corresponding strategies to securetenurial rights, through the capacity

building activities organizedby SIKAT.

But advocating for policies alsoentails constituency-building and

networking to establish a broadsectoral-and mass-based support.

In pushing for national policy

reforms, SIKAT collaborates withthe National Fisheries Reform,

as well as other national coalitionsand networks advocating for fisher-

folk settlement. Accomplishmentsin this area include the develop-

ment of proposed policy papers,




exploration of tenurial instruments,influencing and putting pressureto the government to address

the issue, and drafting ofrecommendations for the

implementing rules and regulations

of already existing relevant laws.SIKAT’s coordination with govern-

ment agencies, such as theDepartment of Environment

and Natural Resources, Departmentof Agriculture, Land Management

Bureau, and House and Land Administration Bureau, is vitalin these lobbying efforts.

Unfortunately, the turbulentdynamics of politics in the country

and other seemingly more pressing

cases against controversialgovernment officials greatly

influence the legislature prioritiesand proceedings, pushing aside

SIKAT’s national advocacy forfisherfolk settlement.

Hence, SIKAT has decided to

redirect its lobbying to the local levelthrough the integration of fisherfolksettlement concern in local

government policies, specifically inthe Comprehensive Land, Water

and Forest Use Plan,

the Comprehensive MunicipalFisheries Ordinance and

the Fisherfolk Settlement Ordinance.SIKAT’s localization of

fisherfolk settlement campaignFurther includes Inventory of

Public Land, which enables theidentification of possible settlementsites for the fishers, and is

necessary for the implementationof the CLWFUP, CMFO and FSO.

These local approaches to advocacy

are already being employedby SIKAT in different coastal

communities pending on the localdevelopment context of the areas.



‘Affected’ vs. ‘Not affected’

Sally says that one need not be awife of a fisherman (Sally’s husband

is a retired municipal employee),or a fish vendor (Sally’s fishpond

is strictly for family consumption)

to be concerned about issues

surrounding the fishing sector.

The Task Force Settlement iscomposed of members who are

directly affected by the fisherfolk

settlement issue, as well as thosewho are not directly affected, likeSally. In a recent SIKAT workshop,

among the reasons for joining thetask force of those who are not

directly affected are: to offer

help to the fishers and to thecommunity; to acquire knowledge

on tenurial security since membersof the community come to them for

advice and information; to gainpersonal knowledge on the issue;

and, to be of service to othersrather than doing nothingworthwhile at home. Due to their

involvement in the task force, thesame members disclosed that some

of them have become resource

persons for affected members oftheir communities, causing them

stress at times because thiscompetes with their personal time

for families.




Some started to feel the weight ofthe community’s problem on theirshoulders. Still, others felt proud to

be approached for information, andthe rest felt good to be able to help

despite the additional work on their

part.

Meanwhile, the TFS memberswho are directly affected by the

settlement problem had moreobvious reasons for joining, such as

to know how to acquire legal rightsto their land. But there are otherswho said that they also want

to help their fellow residentsstruggling with the same problem.

Despite their time-consumingactivities in the task force, both

the ‘affected’ and ‘not affected’TFS members shared having reaped

the same benefits of being part ofthe task force, and of the advocacy.

These involve: acquiring more

knowledge; feeling more confidentdue to increased knowledge;becoming community leader

or better leader; being morerecognized/ popular in the

community; learning to research/

be resourceful/ be more cautiousbefore taking any action; and,

wanting to be of help to othersmore/ being unable to resist

helping others.

Simply Sally “Some people now address me as ‘madame’ but I tell them to still call

me ‘Sally’. Yet on hindsight, thisrecent change tells me how I am

now regarded by members of the

communities, and it does make mefeel good to realize what I have

become to others.” Sally shylyconfesses as she is prompted to

share some of the personal benefitsof her community involvements.

“I think they address me as such

out of respect because they canfeel my sincere concern for them.”She adds that she also gained more

friends through her advocacy work.

Full-time-housewife-turned-

fisherfolk-settlement-lobbyist Sallystrongly believes that her husband’s

recent venture in politics asBarangay Kagawad has been

greatly inspired by her ownmembership in several people’s

organizations and committees atdifferent levels.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES| Sally | 38

TOWARDS SECURING FISHERFOLK SETTLEMENT LESSONS FROM ZAMBALES | S ll | 39



She and her husband now shareuseful information and collaboratefor various community projects

concerning fisherfolks and others. A mother of seven, Sally shares that

she gets text messages from her

31-year-old daughter telling herhow proud she is of her mother’s

achievements.

Of her many contributions to thefishers’ cause, Sally reveals that

the implementation of a municipalfisheries ordinance of which she ispart-proponent, through SIKAT,

makes her the proudest. “It gaveme the voice to talk about fisherfolk

issues in our local communities.”

Meantime, she adds that acquiringparalegal trainings on tenurial

security from SIKAT has given herthe confidence to discuss the matter

in higher-level forums. SIKAT’sgender mainstreaming initiatives

across its programs, including thefisherfolk settlement project, havealso increased Sally’s understanding

of the legal issues involved in ‘violence against women’. This has

encouraged Sally to talk about the

issue with women, as well with men. “I think men should even be more

informed on this campaign,” explainsSally why she wants more men to be

involved in her other advocacy. Nowthat Sally is well-aware of her basic

human rights, she wants others tofeel empowered, too.

Through more SIKAT trainings,Sally has become equipped with

planning and proposal making skills—

expertise she never acquired fromher vocational course on book-

keeping— enabling her to secureregular government funding for her

community activities. Sallyremembers having to spend her

own money to make copies of themunicipal fisheries ordinance in orderto disseminate the information in her

area. Yet Sally says all her efforts forothers have also led to personal

benefits, including opportunities to

participate in various trainings(locally and nationally, allowing her

to travel around while building herown capacity), and a livelihood grant

from BFAR for her family’s fishpondand livestock.

“Because my various roles inthe communities have made me

a happier and better person, I wantothers to experience the same

fulfillment.” Sally shares that she is

now identifying and training a newbatch of leaders to take on her tasks

and, hopefully, continue what shehas started.




to these peoples’ wellbeing?Indeed, the cases of Myrna, Remy,Marlyn and Sally showed evidences

of change that support the affirmative.

The Task Force Settlement embodies

the varying efforts and support of SIKATin the fisherfolk settlement project. Its

members, whose capacity have beendeveloped to take on the tasks, have

been equipped with the necessaryinformation, training, as well as the

appropriate tenurial security toolsthrough the different ‘models’ developedby SIKAT. While the formation of the

Task Force Settlement, led by SIKAT,has resulted in many positive outcomes

in the cases of the fishing villages faced

with settlement problems, thestrengthening of the task force

members’ capacity, through the parale-gal trainings organized by SIKAT, has

produced positive impacts on thefeatured women’s wellbeing.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | SIKAT’s Contribution to Responsible Wellbeing | 43



Equipped with the right informationand greater understanding of theissue [(+) self-esteem], the four

women—all being active membersof the Task Force Settlement—have

attested to acquiring confidence in

their capacities [(+) self-esteem]to take on lead roles in the fisher-

folk settlement advocacy in theirrespective communities, and

beyond. Their involvements inSIKAT’s work, in general, and in the

fisherfolk settlement advocacy, inparticular, have earned themthe respect of their families and

members of the communities[(+) self-esteem], and have also

led to their further participation in

other community and coastal re-source management issues

[(+) social responsibility], enablingthem to be of help to many others

[(+) social responsibility]. In a stillmale-dominated Philippine society

and fishing industry, these women

have earned the respect, confi-dence and support of their hus-bands, and other men in their com-

munities [(+) self-esteem, self-

determination]. Feelings of inner

peace [(+) self-esteem], havingsecurity of land and livelihoods

[(+) self-sustenance], being ofservice to others [(+) social respon-

sibility], and happiness [(+) self-esteem] have encouraged these

women to continue their active

involvement in the fisherfolk settle-ment advocacy [(+) social responsi-bility], and to find the next line of

leaders for them to achieve thesame positive feelings they have

gained through their advocacy and

community work [(+) social respon-sibility]. Most importantly, while

gaining personal benefits, includinglivelihood support for their families,

the work of these women havepositively influenced the wellbeing

of many other affected fisherfolks.Such were the cases of theinterviewed fisherman (Edgar),

neighbor (Sherlyn) or daughter(Giesha), who all seemed to feel at

peace and less vulnerable [(+self-

esteem, self-sustenance], knowingthat their women leaders, or

mothers, are in control of theirtenurial situations.

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | SIKAT s Contribution to Responsible Wellbeing | 43



The illustrated interplay of differentattributes of the four dimensionsof ‘responsible wellbeing’ (i.e. self-

sustenance, self-esteem,self-determination and social

responsibility), as presented in the

above analysis, has reinforcedOxfam Hong Kong’s adopted

framework of responsible wellbeing.One finding of interest, however,

based on interviews with thefeatured women, which was further

validated by a survey conductedamong task force members’, is howthe peoples’ involvement in the

fisherfolk settlement advocacyhave led to reduced time for their

personal relaxation [(-) self-

sustenance], and sometimes, evenfor family obligations. And yet, the

task force members seem to findthe value of their work for a larger

number of beneficiaries, apart fromtheir own families, a more satisfac-

tory compensation for their lost time

forleisure. This could be due to thesupport that the women and othertask force members are getting from

their own families, and the recogni-tion of their efforts by the rest of

the communities [(+) self-esteem,

social responsibility].

Finally, the stories of Myrna,Remy, Marlyn and Sally, along

with the presented analysis, havedemonstrated how SIKAT’s efforts

in fisherfolk settlement, particularlythrough the formation and strength-ening of the Task Force Settlement,

have significantly and positivelycontributed to the responsible

wellbeing of its stakeholders in

Zambales. And when SIKAT’sFisherfolk Settlement Advocacy and

Model Building Project in Zambalesofficially ends in 2011, members of

the Task Force Settlement will stillbe around to continue the tasks at

hand.

MAKING IT HAPPEN



SIKAT works with 13 communitiesin Zambales on issues concerningfisherfolk tenurial security. Its

experience through the years hasproven the following actions to be

vital to achieving progress and

success in addressing fisherfolksettlement issues:

Advocacy from local to national

policymaking bodies. Policyadvocacy can take many forms,

and happen through variousforums. From pushing for localmunicipal fisheries ordinances, to

establishing a national committeeon fisherfolk settlement, influencing

policies is important to strengthen

the call for fisherfolk tenurialsecurity and access appropriate

support for the fisherfolks, not onlyin selected municipalities but for

all the fisherfolk communitiesnationwide.

Awareness-raising activities. The key to making fisherfolks

understand their settlementsituation, in order to mobilize them,

is to provide them with theessential information. Apart from

demystifying their commonmisconceptions about tenurial

security, appropriate actions andpossible options must also be

provided and explained to them.

MAKING IT HAPPEN

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Making It Happen | 46



Community organizing andcapacity building. The formationand strengthening of the Task

Force Settlement have presentedclear, positive manifestations of

how organizing the people into an

able body and building the capacityof its members to perform the

necessary tasks in resolving theircommunity problem can bring

success.

Coordination/partnership withLGUs and relevant agencies.

Establishing good relations withrelevant government officials and

authorities not only hastens theinvolved proceedings for securing

land titles or tenurial rights forfishers, but more importantly,results in greater support for the

fisherfolk settlement advocacy.

Dialogues, consultations,negotiations. Series of meetingswith key stakeholders are necessary

to discuss, clarify and ultimately,resolve pending issues surrounding

fisherfolk settlement. These

activities must also involve landowners in order to gain their

understanding, and even possiblytheir support, on the issues

at hand.

Participatory planning. Planningactivities involving the fisherfolk

communities and other representa-tives of key sectors yield a more

united decision and a morestrategic course of action in

addressing the various challengesthat come with fisherfolk tenurialsecurity.

Research. This involves gatheringof necessary information on therelevant laws for policy advocacy

and model-building, as well asexploring of legal/metalegal and

other tenurial tools on how to

secure fisherfolk settlement.Research also includes inventory

of public lands in order to: identifythe status of fisherfolk settlement

in selected areas; identify publiclands; develop lobbying strategies;

and, hone the researching skillsof fisherfolks.

Technical and legal support.

Considering the legal implicationsof tenurial security, law experts

and authorities on the matter areconsulted for proper advice andinformation, in order to guide

SIKAT and the fisherfolks in theright direction.

Appendix 1



“We have been staying herefor a long time so we cannot

be evicted from this land.”

A land can be titled to residentseven if they are not occupying the

area; it can also be sold or trans-ferred to the land owner’s relatives.

Based on a research conducted bySIKAT, 75% of the public lands are

titled, 20% are claimed, and theremaining 5 % are adjacent totitled lands.

“We do not have to pay for this

land because we have been

living here for a long time.” The issue of paying for or buying

a property, which has beenconsidered home for years, is a

very difficult compromise for thefisherfolks. However, the law only

recognizes claimants or owners

possessing land title/s as those with

legal rights over a property. Taxreceipts do not serve as proof of

ownership and are only neededto verify the duration of the

occupants’ stay in the property.

“We are the owners of this

land since we are paying forthe tax.”

In reality, the local government canaccept or receive tax payment from

almost anybody.

Appendix 1

DEMYSTIFYINGMISCONCEPTIONS

TOWARDS SECURING FISHERFOLK SETTLEMENT: LESSONS FROM ZAMBALES | Appendix 1: Demystifying Misconceptions | 48



“We used to have anagreement with the ownerthat we can stay here for as

long as we want.” Agreements should be made in

writing to legitimize claims or

agreements with the owner. Heirs,children or other relatives of

the current land owner may notrecognize merely spoken or verbal

agreements. The new owner hasthe right to notify current settlers to

vacate the property once intendedfor other purposes.

“The land owner is hard to talkto. We will just have to fight

over this land.”

Based on experience, there are landowners who are willing and open to

negotiations with the settlers; Onthe other hand, there are occupants

who tend to be confrontational andare not willing to engage in

dialogues with the owner.

“Processing of papers orland titles is very costlyand tedious.”

It is more expensive and time-consuming when there are disputes

over a property, which are not

settled through negotiations.

“We are content here, besidesno one is telling us to leave the

property.”

Users of foreshore land and the

value of land continue to increase,hence, interest in such propertieswill also continue to grow.

“This land is ours since we

developed and cultivated it.”

Even though the settlers havemade improvements on a property,

the law still gives priority to theland owner adjacent to the prop-

erty, who has the riparian rights.

“This land we occupy is ownedby the government, hence,we will not be evicted from

this land.” The government or the land owners

adjacent to the property still have

access to such land for future use.

“There are still vacant lots inthe foreshore area so we can

just move to other idle landswhen we are told to vacate

this land.” In reality, most of the lands in the

foreshore area are either privately

owned or with already, existingclaimants.

Appendix 2



BFAR Bureau of Fisheries and

Aquatic Resources

BHOA Balon Homeowners

Association

CBCRM Community-Based Coastal

Resource Management

CLWFUP Comprehensive Land,

Water and Forest Use Plan

CMFO Comprehensive Municipal

Fisheries Ordinance

CMP Community MortgageProgram

COMELEC Commission on Elections

DENR Department of Environment

and Natural Resources

FPA Free Patent Application

FSO Fisherfolk Settlement

Ordinance

KMS Katipunan ng mga

Mangingisda ng SIKAT

LGU Local Government Unit

LMB Land Management Bureau

MFARMC Municipal Fisheriesand Aquatic Resource

Management Council

MSPA Miscellaneous Sales Patent

NGO Non-Government

Organization

NHMFC National Housing

and Mortgage Finance

Corporation

OHK Oxfam Hong Kong

SIKAT Sentro para sa Ikauunlad

ng Katutubong Agham

at Teknolohiya

TFS Task Force Settlement

Appendix 2

LIST OF ACRONYMS

ACKNOWLEDGEMENTS



My sincerest thanks for the time, support and inspiration in completing this publication to: Myrna Rodriguez,Remy Loayon, Marlyn Calderon and Sally Franco Ruiz, along with the other members of the Task Force Settlement.

Special thanks are also due to all the other interviewees (Edgar Peregrino, Giesha Loayon, Sherlyn Tadeo)and participants of the SIKAT Wellbeing Research, which is the basis of this publication.

Finally, my deepest gratitude to the SIKAT team led by Chito Dugan (Executive Director, National Office)and Cristina Reyes (Program Manager, Zambales Field Office) for their valuable support and for facilitating

the logistics for this research.

Abby Mercado

Researcher-Writer

Front Cover: © SIKAT/Marco Ruben T. Malto II;

Page 1/2/3/4/7/9/12/13/14/15/17/18/20/22/23/24/25/28/30/35/37/40/43/45: © SIKAT/Marco Ruben T. Malto II;

Page 6/31/34/36/38/42/44/47: © SIKAT/Gerry Merriman

ACKNOWLEDGEMENTS



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Towards Securing Fisherfolk Settlement

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