Kaingin-destroyed Ipo Watershed

KAINGIN-DESTROYED IPO WATERSHED

A Progress Report of the on-going Ipo Watershed Assessment)

This is an Independent Progress Report by the MWSS Representatives of the Composite Team conducting field investigation re : Assessment of the Ipo Darn Watershed Reservation caused by Kauigin. Investigation is pursuant to DENR S.O. No. 466-2004 dated July 5, 2004

Submitted by: Paul Baclayoza Narciso de La Cruz Property Management Depai-tment

MWSS Representatives to the Composite Team

KAINGIN-DAMAGED IPO FOREST AND WATERSHED RESERVATION. (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 : 1 . Evaluation of the usufruct areas of the Ipo watershed which were granted and issued by the DENR to its employees; 2. Determine the extent of damaged caused by kaingin; 3 . Survey and census of residents thereof; and 4. Other matters related thereto. I - BRIEF STATEMENT OF OBSERVATION AND FINDINGS: IPO Forest and watershed' reservation had sustained great damage to its forest due to pervasive Kaingin activities . The Kaingin activities and other illegal cutting of trees in the Ipo forest has proliferated because ofthe following: a) Inadequate number of manpower conducting the necessary forest patrol. There are only four (4) forest guards of the DENR guarding the 6,600 hectares land area of the watershed. No counter-part from MW SS, MWSI and MWCI; b) The DENR's Usufruct Program/project had caused tremendous influence to the kaingin activities . It was the "spark-plug" ofthe widespread kaingin ; c) Increasing population of settler-cultivators in the forest and watershed reservation ; and d) Awards of lands within Ipo by NCIP (CART) and the invasion of CAMBASI members having adverse claim on portion of the Ipo watershed.

II - RECOMMENDATIONS: 1 . STOP AND CANCEL DENR'S USUFRUCT PROJECT The DENR Usufruct program/project in the Ipo forest and watershed area must be stopped. The 34 existing contracts of usufruct must be revoked and/or cancelled;

2. CANCELLATION OF CADT GIVEN TO THE DUMAGATS The DENR and the MWSS must initiate moves for the cancellation and/or revocation 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 February 18, 2004, by the National Commission on Indigenous people pursuant to its authority under RA 8371. It is suggested that the area for the indigenous people of Dumagats be relocated outside the Ipo watershed as the awarded CART area lies contiguous/adjoins the Ipo river. The water run-offs will surely goes down the river because of its rolling terrain should the area be developed or converted into a community. The land that will be awarded should be outside the buffer zone of the watershed. The Ipo watershed and reservation forms part of a sensitive class of protected areas in accordance with the classification and standard prescribed by RA No. 7586, where the major supply of waters for MWSS to its consumers in Metro Manila comes from . 3 . MWSS TAKE-OVER OF THE MANAGEMENT OF IPO WATERSHED The MWSS together with its Concessionaires, as the ultimate beneficiary of Ibo waters of the Ipo watershed tributaries shall undertake the responsibility over the protection, preservation, maintenance, rehabilitation and development of the Ipo watershed . In connection with such plan of take-over, an organic office within the MWSS should be created like that of the National Power corporation ( Napocor) to its supervised and 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. The MIND was invested the power and authority over the Angat watershed (with an area of 62,000 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 Ferdinand E. Marcos . Said proclamation reduced the area to 6,600 hectares, more or less, now known as the Ipo Forest and Watershed Reservation . It further provides the joint management of Ipo forest and watershed by the Director of Forestry and the General Manager, NWSA . Since then, MWSS as the forerunner of the defunct NWSA, tool; the active supervision and control of the Ipo forest and watershed through its then WATER SOURCES AND TREATMENT DEPARTMENT (WSTD) . In 1995, Republic Act No. 8041 otherwise known as the "National Water Crisis Act" took effect. Executive Orders Nos. 286 and 311 dated December 6, 1995 and March 20, 1996, mandated MWSS to enter into arrangements with private sector in any and all of the segments, operations and/or facilities of the MWSS . Hence, the operations function of MWSS was transferred to the two (2) Concessionaires . However, the obligations . of MWSS towards the management of Ipo forest and watershed reservation were not spelled-out or defined much less delegated to any of the Concessionaires under the Concession Agreement (CA) dated February 21, 1997 . Consequently, the DENR took the cudgels of taking over the management of the Ipo watershed since the start of the privatization since 1997 to present.

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B) IPO FOREST AND WATERSHED RESERVATION UNDER THE MANAGEMENT OF THE DENR (1997 to presen t On September 15, 1999, then DENR Secretary ANTONIO K CERIILES, issued Memorandum Order No. 29-99, providing for guidelines on the implementation of Usufruct program/project. The concept was to grant rights on tree farming within forestlands as well as to provide support to food security program of government. DENR Administrative Order No. 2000-1 dated May 24, 2004, declared and set aside certain tract of forestlands for DENR employees in Region III, which includes a THREE HUNDRED SIXTY (360 ) HECTARES of Ipo forest and watershed reservation to be under the Usufruct Program/Project. On the summer of 2001, it was alleged that the first kaingin happened where a partner of a usufructuary who himself claimed was misled by his principal that they could stay in the area under a tenured period under the Usufruct program. That is until the planted fruit-bearing trees bear fruits .

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THE INVESTIGATION AND ASSESSMENT

After the termination of the aerial photography conducted on April 26, 2004, an action was taken requesting the DENR to stop and cancel the usufruct program/project at Ipo 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 the proliferation of kaingin. Hereunder are the following observations and findings gathered from 19 July 2004 to 20 August 2004, to wit: A1 Usufruct Areas

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The usufruct areas consisting of 34 active participants, covering 100 hectares, more or less, seemingly have caused more forest destruction than improvement to the watershed. Beneficiaries' partners (actual cultivator/caretakers who resides within the watershed) have resorted to kaingin to clear the area for mango plantation . Taller trees were cut and burned so that seedlings of i.e., mangoes could survive. Usufruct areas were also devoted to farming. The "opened fields" were planted with upland rice, corn, root crops, and other vegetable farming. It is our conservative estimate on the active usufruct areas cultivated, that the cultivator-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 original pocket open spaces of the watershed. The beneficiary's partner (steward) maintains a vegetable farm and root crops for their day-to-day needs since the DENR employee-beneficiary or the principal of the usufruct, stays in DENR Offices and will only be seen twice or once a month by the partner-cultivator . B) Rehabilitation/Reforestation Projects There were two (2) reforestation areas identified by Forester Abrasaldo, DENR Tabang, Bulacan in Sapang Munti and in Sapang Catmon which were razed by fire kaingin) . The area has been converted into a cornfield of about fifteen (15) hectares, more or 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 old seedlings . 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 the Ipo's veterans village) was also razed by fire sometime in May (summer) of this year according to residents of the area. Fire was initiated by settlers of the mount Balagbag known as the veterans area. C) Massive Kaingin Activity The massive Kaingin activities in Ipo forest and watershed started allegedly almost 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 program started 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 the same into cornfields, upland rice, root crops and vegetable farming. Aerial and land photography over Ipo watershed will also show the damaged areas of Ipo forest. Hardly hit by kaingin are the following: LOCATION 1 . Sapang Anginan 2. Sapang Paco 3. Bininit 4. Mataas na Buhangin 5. Sapang Munti 6. Sapang Baliwag 7. Anahaw 8. Sapang Catmon 9. Mount Maranat 10. Mount Balagbag Balacbac

ESTIMATED AREA* 80-90 hectares, more or less 20-25 -do30-35 -do100-120 -do140-150 -do100-150 -do-do300 80-100 -do120-150 -do700-800 -do-

It is estimated that the total damaged by kaingin could reach 35% ofthe total 6,600 hectares of Ipo watershed .

**Detailed presentation of data may be presented later as soon as the Final Comprehensive Report will 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 saw were overheard running in the midst of a heavy down pour of rain in the areas of Baliwag and 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 or somewhere 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 banks ready for transport. The Team tried to haul the tablons but the boatman refused to carry/load the logs fearing reprisal from the unknown owner/s . Early morning at about 6:OOAM the Team rushed to the site to retrieve the tablons and the logs ( 16 pcs of 8 x 4 x 12 tablons and 2 pcs of felled timber 10 ft. long x half meter diameter), it was found nowhere. Searching in and around the immediate vicinities proves futile. It may have been transported or relocated . Verification of any apprehensions at the Ipo gate and Dam areas found negative. E) NOTED PROBLEMS ON IPO WATERSHED PROTECTION 1 . Only four (4) personnel from DENR Tabang, Malolos, Bulacan, are guarding the 6,600 hectares of watershed land. 2. No MWSS, MWCI and MWSI counterparts for augmentation of DENR patrol; 3 . No communication system/no firearms are provided to DENR Forest Rangers mentioned above; 4. No permanent Checkpoint; 5. No official quarter within the IPO watershed reservation; and 6. Existence of collusion (syndicated move) with settlers of Ipo forest and log/charcoal traders and allegedly some MWSI and MWCI employees assigned at Ipo Dam. DENR Chief Protection Officer Edmar Bordey, assigned at Ipo watershed identified 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 ; and 3 . 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 hampered due to lack of equipment i.e., radio communication, limited mobility due to lack of motor vehicle, motorized banca of their own, inadequate number of personnel conducting the routine forest patrol and his alleged non-cooperation of MWCI and MWSI personnel at Ipo Dam whom he feels, may be involved in facilitating the transport of,illegally cut trees during night time . F) CENSUS/SURVEY OF RESIDENTS Informal Settlers/Cultivators There is an increasing number of informal settlers and/or farmer cultivators now residing 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 Families 2. New settlers - 103 3. Off-site cultivators - 105 Means of Transportation Moreover there are 25 motorized and 26 . not motorized boats (banca) plying the rivers of the Ipo watershed. These boats are owned by the settlers residing inside the forest which also serves as carrier of illegally cut trees and unauthorized fishing in the rivers of Ipo watershed. G) The CART AWARDS AND THE ADVERSE CLAIM BY CAMBASI Portion of Ipo watershed consisting of 1,000 hectares, more or less, has been included in the award by the National Commission on Indigenous People (NCIP) to the Dumagats as the latter's relocation site and area of farm cultivation. This portion lies in mount Balagbag and mount Balacbac where the Ipo rivers lies immediately at the footstep of said mountains. Since it was awarded, a group of settlers invaded mount Balagbag and Balacbac who established settlement in the area allegedly composed of retired and in the active service of the military. Aerial photo taken at the site shows the settlers' kaingin in the area . Today there are 150 to 200 families residing in the area .

V- PROPOSED ACTION PLAN Phase I - Creation of a skeletal Task Force & Information campaign . a) A skeletal Ipo Task Force shall be created to address the augmentation the security and patrolling of the forest . This is to drive-off illegal pouching problem on and cutting of trees in the forest . The Task Force shall be under the supervision and control of the Manager, Property Mgt. Department . b) Information campaign/consultation meetings. Consultative meetings must first be undertaken . This is to encourage settlers to vacate the premises or face criminal prosecution under P.D. 705 (otherwise known as the Forestry Reform Code of the Philippines). For indigenous people i.e., Dumagats they may be resettled to the place allocated for them at the buffer zone area of the Ipo watershed under CART in San Isidro San Jose Del Monte Bulacan;

Ph ise II - Demolition, Evacuation and/or Relocation a) All banca and motorized boats will be destroyed except those that will be left to ferry bonafide resident i.e., indigenous people/natives pending relocation ; b) Enforcement of I.D. System at the Ipo Dam Main Gate for indigenous people pending relocation and evacuation to their allocated area of the Ipo watershed.

Phase III-

Creation of NIWSS' Watershed Management Office

Establishment of an organic Watershed Management Office in MWSS with delegated 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/info dissemination to evacuate from Ipo watershed b) Forest Patrol & Demolition of new unoccupied shanties

i) Enforce search of things ferried inside Ipo particularly gasoline for chain saw. Phase III g) Intensification of forest protection & preservation by forest patrolling. h) Introduce development i.e., reforestation & rehabilitation

MWSS W.M.O. and other govt and ' non-govt organization

ESTIMATED BUDGET REQUIREMENT (For Clearing and Evacuation Costs only) Period October 1-30,2004 DESCRIPTION

DESIMa1) 'NO.

RATE/DAY

Duration

TOTAL COST

1. Escort

PNP/AFP 20

500.00

15 working days

150,000.00

2. Crew

Demolition 20

500.00

15 working days.

150,000 .00

500.00

15 working days

75,000.00

5,000/day @ 100/person

15 working days

3. Representatives per diem for LGU, DENR & CI-ftt .

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3. Logistical 50 person/day Needs (Food) 4. Miscellaneous

75,000.00 50,000 .00

Total

500,000 .00

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. 12

VI - ACTIONS REQUESTED FROM MWSS MANAGEMENT . Should the Management of the MWSS concurs with the recommendations hereinabove mentioned, it is respectfully requested the immediate approval of the following, 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 to augment watershed protection of Ipo is hereby recommended which will be composed of the following: 1- Organic MWSS Personnel from Property Mgt. Dept to head the Team 10 - Security Guards to conduct Forest Patrol at Ipo. . ( Procurement may be by hiring additional or re-assignment by pulling-out guards from La Mesa area ) 2.

Approval of the budget for the cost of demolition .

Submitted by:

CISO DE LA CRUZ R.O.W Assistant Annexes a) b) c) d) e) f)

Photo taken during the field investigation (to be shown on the presentation) Photo taken during aerial inspection (to be shown on the presentation) Proposed Executive Order for the transfer of Ipo jurisdiction to MWSS ; Proclamation No. 391 dated April 30, 1968; DENR Special Order No. 2004-466 dated July 5, 2004; Office Order No. 04-94

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