KAINGIN-DESTROYED IPO WATERSHEDA Progress Report of the on-going Ipo Watershed Assessment)

Submitted by:

Paul BaclayozaNarciso de La Cruz

Property Management Depai-tmentMWSS Representatives to the Composite Team

This is an Independent Progress Report by the MWSS Representatives of theComposite Team conducting field investigation re : Assessment of the Ipo

Darn Watershed Reservation caused by Kauigin. Investigation is pursuant toDENR S.O. No. 466-2004 dated July 5, 2004

KAINGIN-DAMAGED IPO FOREST AND WATERSHEDRESERVATION.

(A Progress Assessment and Feedback Report)

Reference:1 . DENR Special Order No. 466-2004 dated July 5, 2004 creating investigation

Team re : Ipo Watershed Usufruct and Kaingin Proliferation .

2. MWSS Office Order No. 94-2004

The coverage of the investigation and assessment are the following:

I - BRIEF STATEMENTOF OBSERVATION ANDFINDINGS:

1 . Evaluation of the usufruct areas of the Ipo watershed which were granted andissued by the DENR to its employees;

2. Determine the extent of damaged caused by kaingin;3 .

Survey and census of residents thereof; and4. Other matters related thereto.

IPO Forest and watershed' reservation had sustained great damage to its forest dueto pervasive Kaingin activities . The Kaingin activities and other illegal cutting of trees inthe Ipo forest has proliferated because ofthe following:

a) Inadequate number of manpower conducting the necessary forest patrol. Thereare only four (4) forest guards of the DENR guarding the 6,600 hectares landarea of the watershed . No counter-part from MWSS, MWSI and MWCI;

b) The DENR's Usufruct Program/project had caused tremendous influence tothe kaingin activities. It was the "spark-plug" ofthe widespread kaingin ;

c) Increasing population of settler-cultivators in the forest and watershedreservation ; and

d) Awards of lands within Ipo by NCIP (CART) and the invasion of CAMBASImembers having adverse claim on portion ofthe Ipo watershed.

II - RECOMMENDATIONS:

1 . STOP AND CANCELDENR'S USUFRUCT PROJECT

The DENR Usufruct program/project in the Ipo forest and watershed area mustbe stopped. The 34 existing contracts of usufruct must be revoked and/orcancelled;

2. CANCELLATION OF CADT GIVENTO THEDUMAGATS

The DENR and the MWSS must initiate moves for the cancellation and/orrevocation of the Certificate of Ancestral Domain Title No. R03-SJM-0204-020(CART) covering ONE-THOUSAND EIGHT HUNDRED SEVENTEEN(1,817) hectares, more or less, which were granted to the Dumagat on February18, 2004, by the National Commission on Indigenous people pursuant to itsauthority underRA 8371 .

It is suggested that the area for the indigenous people of Dumagats be relocatedoutside the Ipo watershed as the awarded CART area lies contiguous/adjoins the Iporiver. The water run-offs will surely goes down the river because of its rolling terrainshould the area be developed or converted into a community. The land that will beawarded should be outside the buffer zone of the watershed. The Ipo watershed andreservation forms part of a sensitive class of protected areas in accordance with theclassification and standard prescribed by RA No. 7586, where the major supply of watersfor MWSS to its consumers in Metro Manila comes from.

3 . MWSS TAKE-OVER OF THEMANAGEMENT OF IPO WATERSHED

The MWSS together with its Concessionaires, as the ultimate beneficiary of Ibowaters of the Ipo watershed tributaries shall undertake the responsibility over theprotection, preservation, maintenance, rehabilitation and development of the Ipowatershed . In connection with such plan of take-over, an organic office within the MWSSshould be created like that of the National Power corporation ( Napocor) to its supervisedand controlled watersheds i.e, Angat watershed reservation.

III - BRIEF HISTORICAL BACKGROUND

A) MANAGEMENT OF IPO FOREST & WATERSHED RESERVATION

In 1919 Act No. 2832 created Metropolitan Water District (now the MWSS. TheMIND was invested the power and authority over the Angat watershed (with an area of62,000 hectares, more or less) by virtue ofProclamation No. 71 dated March 10, 1927.

In 1955 the MWD became National Waterworks and Sewerage Authority(NWSA) . NWSA took over the whole water system of the country .

On April 30, 1968, Proclamation No. 391 was issued by then President FerdinandE. Marcos . Said proclamation reduced the area to 6,600 hectares, more or less, nowknown as the Ipo Forest and Watershed Reservation . It further provides the jointmanagement of Ipo forest and watershed by the Director of Forestry and the GeneralManager, NWSA.

Since then, MWSS as the forerunner of the defunct NWSA, tool; the activesupervision and control of the Ipo forest and watershed through its then WATERSOURCES AND TREATMENT DEPARTMENT (WSTD).

In 1995, Republic Act No. 8041 otherwise known as the "National Water CrisisAct" took effect . Executive Orders Nos. 286 and 311 dated December 6, 1995 andMarch 20, 1996, mandated MWSS to enter into arrangements with private sector in anyand all of the segments, operations and/or facilities of the MWSS. Hence, the operationsfunction ofMWSS was transferred to the two (2) Concessionaires .

However, the obligations . of MWSS towards the management of Ipo forest andwatershed reservation were not spelled-out or defined much less delegated to any of theConcessionaires under the Concession Agreement (CA) dated February 21, 1997 .

Consequently, the DENR took the cudgels of taking over the management of theIpo watershed since the start of the privatization since 1997 to present.

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B) IPO FOREST ANDWATERSHEDRESERVATIONUNDER THEMANAGEMENT OF THEDENR(1997 to present

On September 15, 1999, then DENR Secretary ANTONIO K CERIILES, issuedMemorandum Order No. 29-99, providing for guidelines on the implementation ofUsufruct program/project.

The concept was to grant rights on tree farming within forestlands as well as toprovide support to food security program of government.

DENR Administrative OrderNo. 2000-1 dated May 24, 2004, declared and setaside certain tract of forestlands for DENR employees in Region III, which includes aTHREE HUNDRED SIXTY (360 ) HECTARES of Ipo forest and watershedreservation to be under the Usufruct Program/Project.

On the summer of 2001, it was alleged that the first kaingin happened where apartner of a usufructuary who himself claimed was misled by his principal that they couldstay in the area under a tenured period under the Usufruct program. That is until theplanted fruit-bearing trees bear fruits .

IV-

THEINVESTIGATIONANDASSESSMENT

After the termination of the aerial photography conducted on April 26, 2004, anaction was taken requesting the DENR to stop and cancel the usufruct program/project atIpo watershed due massive kaingin in the area .

In response to the move of MWSS, DENR issued Special Order No. 466-2004,creating a team that will conduct the assessment of the usufruct areas within Ipo and theproliferation of kaingin.

Hereunder are the following observations and findings gathered from 19 July2004 to 20 August 2004, to wit:

A1 Usufruct Areas

The usufruct areas consisting of 34 active participants, covering 100 hectares,more or less, seemingly have caused more forest destruction than improvement to thewatershed . Beneficiaries' partners (actual cultivator/caretakers who resides within thewatershed) have resorted to kaingin to clear the area for mango plantation . Taller treeswere cut and burned so that seedlings of i.e., mangoes could survive.

Usufruct areas were also devoted to farming. The "opened fields" were plantedwith upland rice, corn, root crops, and other vegetable farming.

It is our conservative estimate on the active usufruct areas cultivated, that thecultivator-partner have resorted to 80% kaingin to 20% open. That simply means 80%were to be kaingined to open a space for plantation while the 20% constitute the originalpocket open spaces of the watershed.

The beneficiary's partner (steward) maintains a vegetable farm and root crops fortheir day-to-day needs since the DENR employee-beneficiary or the principal of theusufruct, stays in DENR Offices and will only be seen twice or once a month by thepartner-cultivator.

B) Rehabilitation/Reforestation Projects

There were two (2) reforestation areas identified by Forester Abrasaldo, DENRTabang, Bulacan in Sapang Munti and in Sapang Catmon which were razed by firekaingin) . The area has been converted into a cornfield of about fifteen (15) hectares, moreor less .

We also found fresh that reforestation area at Mataas na Buhangin were damaged.We discovered newly cut plantation of mahogany and gemelina of about 2 to 3 year oldseedlings . The area was cleared and planted with corn and upland rice .

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Reforestation areas in San Isidro, San Jose del Moune Bulacan (adjoining theIpo's veterans village) was also razed by fire sometime in May (summer) of this yearaccording to residents of the area. Fire was initiated by settlers of the mount Balagbagknown as the veterans area .

C) Massive Kaingin Activity -

The massive Kaingin activities in Ipo forest and watershed started allegedlyalmost simultaneously with the implementation of the usufruct program of the DENR.According to a resident of Sapang Munti, who withheld his identity for security reasons,kaingin activities spread like wildfire in the forest of Ipo when that usufruct programstarted sometime in 2002 . More kaingin were made in 2003 and this summer of 2004.New settlers of the area were encouraged coming in from Quezon and Bicol regions .These are the very people who are now cultivating the kaingin areas and converted thesame into cornfields, upland rice, root crops and vegetable farming.

Aerial and land photography over Ipo watershed will also show the damagedareas of Ipo forest. Hardly hit by kaingin are the following:

LOCATION

ESTIMATED AREA*1 .

Sapang Anginan

80-90

hectares, more or less2 .

Sapang Paco

20-25

-do-3. Bininit

30-35

-do-4. Mataas na Buhangin

100-120

-do-5.

Sapang Munti

140-150

-do-6.

Sapang Baliwag

100-150

-do-7. Anahaw

300 -do-8. Sapang Catmon

80-100

-do-9. Mount Maranat

120-150

-do-10. Mount Balagbag Balacbac

700-800

-do-

It is estimated that the total damaged by kaingin could reach 35% ofthe total6,600 hectares of Ipo watershed .

**Detailed presentation of data may be presented later as soon as the Final Comprehensive Reportwill be completed by the Investigating Team.

D) Other Observations

On July 20 and 21, 2004, at about 12:00 midnight-2 :30 early dawn chain sawwere overheard running in the midst of a heavy down pour of rain in the areas of Baliwagand Sapang Munti .

On July 22, 2004 at about 8 :00-8 :30 AM, while team A (Mr. Baclayon & DENR)was in Mataas na Buhangin, a chain saw was heard running at the Sapang Munti orsomewhere in Paco area. It went off later. Team B ( Narciso De la Cruz with DENR)discovered logs and timbers along the Sapang Anginan concealed along the river banksready for transport. The Team tried to haul the tablons but the boatman refused tocarry/load the logs fearing reprisal from the unknown owner/s . Early morning at about6:OOAM the Team rushed to the site to retrieve the tablons and the logs ( 16 pcs of 8 x 4 x12 tablons and 2 pcs of felled timber 10 ft. long x half meter diameter), it was foundnowhere. Searching in and around the immediate vicinities proves futile . It may havebeen transported or relocated . Verification of any apprehensions at the Ipo gate and Damareas found negative.

E) NOTED PROBLEMS ON IPO WATERSHED PROTECTION

1 . Only four (4) personnel fromDENR Tabang, Malolos, Bulacan, are guardingthe 6,600 hectares of watershed land.

2 . No MWSS, MWCI and MWSI counterparts for augmentation ofDENRpatrol ;

3 . No communication system/no firearms are provided to DENR Forest Rangersmentioned above;

4 . No permanent Checkpoint;

5 . No official quarter withinthe IPO watershed reservation ; and

6. Existence of collusion (syndicated move) with settlers of Ipo forest andlog/charcoal traders and allegedly some MWSI and MWCI employeesassigned at Ipo Dam.

DENR Chief Protection Officer Edmar Bordey, assigned at Ipo watershedidentified the notorious exit points of illegally cut logs and charcoal, as follows :

1 . Ipo Dam Gate Barangay San Mateo via Anahaw area ;2 . Continental Cement, Bicte, Norzagaray ; and3 . Barangay San Isidro, San Jose del Monte, Bulacan ferried to Montalban area.

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He further lamented that their efforts of apprehending illegal loggers is hampereddue to lack of equipment i.e., radio communication, limited mobility due to lack of motorvehicle, motorized banca of their own, inadequate number of personnel conducting theroutine forest patrol and his alleged non-cooperation of MWCI and MWSI personnel atIpo Dam whom he feels, may be involved in facilitating the transport of,illegally cut treesduring night time .

F) CENSUS/SURVEY OF RESIDENTS

Informal Settlers/Cultivators

There is an increasing number of informal settlers and/or farmer cultivators nowresiding the areas of a)Sapang Anginan; b)Sapang Munti; c)Anahaw; d) Sapang Catinon;e) Mataas na Buhangin ; f) Sapang Baliwag; and g) Balagbag.

1. Dumagat -

39 Families2.

Newsettlers - 1033.

Off-site cultivators - 105

Means of Transportation

Moreover there are 25 motorized and 26 . not motorized boats (banca) plying therivers of the Ipo watershed. These boats are owned by the settlers residing inside theforest which also serves as carrier of illegally cut trees and unauthorized fishing in therivers of Ipo watershed .

G) The CART AWARDS ANDTHE ADVERSE CLAIM BY CAMBASI

Portion of Ipo watershed consisting of 1,000 hectares, more or less, has beenincluded in the award by the National Commission on Indigenous People (NCIP) to theDumagats as the latter's relocation site and area of farm cultivation. This portion lies inmount Balagbag and mount Balacbac where the Ipo rivers lies immediately at thefootstep of said mountains.

Since it was awarded, a group of settlers invaded mount Balagbag and Balacbacwho established settlement in the area allegedly composed of retired and in the activeservice of the military. Aerial photo taken at the site shows the settlers' kaingin in thearea . Today there are 150 to 200 families residing in the area .

V- PROPOSED ACTIONPLAN

Phase I - Creation of a skeletal Task Force & Information campaign.

a) A skeletal Ipo Task Force shall be created to address the augmentationproblem on the security and patrolling of the forest . This is to drive-off illegal pouchingand cutting of trees in the forest . The Task Force shall be under the supervision andcontrol of the Manager, Property Mgt. Department .

b) Information campaign/consultation meetings.

Consultative meetings must first be undertaken . This is to encourage settlers tovacate the premises or face criminal prosecution under P.D. 705 (otherwise known as theForestry Reform Code of the Philippines).

For indigenous people i.e . , Dumagats they may be resettled to the place allocatedfor them at the buffer zone area of the Ipo watershed under CART in San Isidro San JoseDel Monte Bulacan;

Ph ise II - Demolition, Evacuation and/or Relocation

a) All banca and motorized boats will be destroyed except those that willbe left to ferry bonafide resident i.e., indigenous people/nativespending relocation ;

b) Enforcement of I.D . System at the Ipo Dam Main Gate for indigenouspeople pending relocation and evacuation to their allocated area oftheIpo watershed .

Phase III-

Creation of NIWSS' Watershed ManagementOffice

Establishment of an organic Watershed Management Office in MWSS withdelegated powers to enforce DENR Laws and Regulations on all MWSS -supervised/controlled watershed i.e ., Ipo, Laiban, La Mesa, Mariquina, Umiray etc.

TIMETABLE of the ACTIONS

a) Campaign/infodissemination toevacuate from Ipowatershed

b) Forest Patrol &Demolition of newunoccupied shanties

i) Enforce search ofthings ferried insideIpo particularlygasoline for chain saw.Phase III

g) Intensification offorest protection &preservation by forestpatrolling.

h) Introduce MWSS W.M.O.development i.e ., and other govtreforestation & and ' non-govtrehabilitation organization

ESTIMATED BUDGET REQUIREMENT(For Clearing and Evacuation Costs only)

Period October 1-30,2004

Miscellaneous :a) For any transportation of belongings of evicted families especially for I.Ps .b) Contingent and other incidental expenses .

EXPECTED OUTPUT:

a) Destruction of newly constructed shanties by burning .b) Arrest of cultivator farmers who refused to evacuate out of Ipo after warning

and consultation meetings .

.c) Confiscation of farm tools and effects .d) Destruction of chain-saw limber kept in the forest areas.e) Search of indigenous peoples shanties/quarter of any illegal effects i.e ., chain

saw equipment.

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DESCRIPTION DESIMa1) RATE/DAY Duration TOTAL'NO. COST

1 . PNP/AFP 20 500.00 15 150,000.00Escort working

days

2. Demolition 20 500.00 15 150,000.00Crew working

days.

3 . Representativesper diem for LGU, 10 500.00 15 75,000.00DENR & CI-ftt . working

days

3. Logistical 50 person/day 5,000/day 15Needs (Food) @ working 75,000.00

100/person days

4 . Miscellaneous 50,000.00

Total 500,000.00

VI - ACTIONSREQUESTEDFROM MWSS MANAGEMENT.

Should the Management of the MWSS concurs with the recommendationshereinabove mentioned, it is respectfully requested the immediate approval of thefollowing, to wit:

.

For immediate Concerns:

1 .

Establishment of the skeletal Task Force

In view of the exigency of the situation, the deployment of IVIWSS Team toaugment watershed protection of Ipo is hereby recommended which will be composed ofthe following :

1- Organic MWSS Personnel from Property Mgt. Dept to head theTeam

10 - Security Guards to conduct Forest Patrol at Ipo.

.( Procurement may be by hiring additional or re-assignmentby pulling-out guards from La Mesa area )

2.

Approval of the budget for the cost of demolition .

Submitted by:

CISO DE LA CRUZR.O.W Assistant

Annexesa) Photo taken during the field investigation (to be shown on the presentation)b) Photo taken during aerial inspection (to be shown on the presentation)c) Proposed Executive Order for the transfer of Ipojurisdiction to MWSS;d) Proclamation No. 391 dated April 30, 1968;e) DENR Special OrderNo. 2004-466 dated July 5, 2004;f)

Office Order No. 04-94

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