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CLIMATE CHANGE,

LAND CONVERSION and the

POLICY ENVIRONMENT

Privilege Speech delivered

by Rep. Agapito H. Guanlao

in Plenary on January 24, 2012

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CLIMATE CHANGE, LAND CONVERSION

and the POLICY ENVIRONMENT (Privilege Speech delivered by Rep. Agapito H. Guanlao

in Pleanary on January 24, 2012)

Mr. Speaker, dear Colleagues, ladies and gentlemen... Today, I rise on a matter of personal and collective privi-lege on an issue that all of us may be equally responsible, and thus must be afforded our utmost collective concern. On December 16-17, 2011, a few days before Christmas, Typhoon Sendong, now believed to be the most fatal tropical storm in the last twelve years, crossed the country. It may be superfluous to belabour into exact estimates of the magnitude of damage and effects of Sendong. Suffice it to say by now, Sendong confirms the fact that the Philippines is a disaster-prone country, and that man-made conditions have also caused its propensity for the impact of disasters simply because its fragile ecological character has reached high levels of degra-dation and destruction. Impact of Typhoon Sendong: Affected Population

AREA NUMBER

Barangays 8O8

Municipalities 57

Cities 8

Provinces 13

Regions 6 (VI, VII, IX,X,CARAGA and ARMM)

Families 117,665

Persons (total) 1,136,222

Casualties 1,257

Injured 6,048

Missing 173

Rescued/Survivors 441

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ng Mines and Geo-sciences Bureau? Ang mga gold pan-ners po ba ay sakop ng RA 7676? Pati po ba sila ay may proteksyon din sa panahion ng sakuna o kalamidad?”

8. Finally, may I also strongly suggest that the Department of Agriculture increase its “quick response fund (QRF)” allocation to Five Billion Pesos (P 5,000,000,000) that small farmers and fisher folk can access in times of ca-lamities and natural disasters. The fund shall cover farm-ers that are calamity victims of El Nino and La Nina.

In ending Mr. Speaker, I have shown some portions of Mr. Al Gore's lecture in the film The Inconvenient Truth. While I am not an avowed fan of Mr. Gore, what strikes me most is the fact that he, being a private citizen, has suddenly come out and encourage everyone to respond to the ill-effect of climate change. He is not anymore a public servant Mr., Speaker, but we all are! We have been elected by our constituents to make a difference. Let us make a difference....NOW! Magandang hapon sa inyong lahat!

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Impact of Typhoon Sendong: Cost of Damage

It is in fact sufficient for now to say that the country’s pro-pensity for the occurrence of natural disasters is reinforced by yet another worldwide phenomenon which is climate change. Mr. Speaker, I am certain that by now, all of us are con-vinced that climate has changed. We can no longer anticipate that Decembers will bring cool and generally drizzly weather. But to me, climate change is the global and cumulative result of man’s indiscriminate economic activities on Earth. To put it simply, the loss of forest cover due to relentless logging ac-tivities; the loss of natural water course as in dessertified rivers due to quarrying and mining and the unabated conversion of land to other uses. While scientists offered explanations on the “natural” occurrence of fish kills, there is no denying that most cases are due to overstocking and thus, man-made. That while pollution predisposes the natural disturbance of the lakes and other bodies of water, soil deposits that flow to these marine ecosystems due to erosion, aggravates their degradation even-tually destroying the habitats and nature’s life support systems –

CATEGORY NUMBER

Total Houses Damaged 51,488

(Houses Totally Damaged) 14,661

(Houses Partially Damaged) 36,787

Total Cost of Damage to Infrastructure, agriculture, etc. (school buildings)

PhP 1,399,602,882.40

(Estimated cost of damage to infrastructure)

PhP 1,111,050,424.40

(Estimated cost of damage to agriculture)

PhP 288,552,458.00

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here lies the intricate connection of water and land bodies. Man’s indiscriminate activities that destroy our environ-ment and natural resources are prompted by the world’s increas-ing human population, to which our country is not exempt. Al Gore puts it clearly in his “Inconvenient Truth”, a part of which I would like you to see.... (A PORTION OF INCONVENIENT TRUTH WAS SHOWN) Land Use Conversion VS Land Reclassification Policy Allow me to share to you some data to provide a brief background on the situation of land use conversion in the coun-try. As of 2000, areas devoted to rice production here in our country has decreased by 289,000 hectares. This information took into cognizance legal and illegal shifts in land use. By 2005, there were already approved applications for land use conversions totalling to at least 43,141.64 hectares. Of these approved applications, most were for residential purposes, fol-lowed by mixed use with residential purposes, and others.

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3. A unified policy framework for the ecosystems manage-ment of water bodies – lakes and man-made water bod-ies – must be formulatedand passed, as these are fron-tiers for food production.

4. In so doing, it is likewise suggested that the Repub-

lic Act 8550 or the Fisheries Code be reviewed and be wilfully implemented. Its provisions may serve as guide in the creation of a national structure that manages all the lakes in the country.

5. Let us urge the President to issue an Executive Order that shall enforce a moratorium in applications for land use conversion that covers not only on agricultural lands, but lands where possible extractive activities or potential mining sites, until all policy on land use conversion are harmonized. It is only by such a drastic measure can we firmly ensure that our remaining land resources for food production will be left untouched.

6. The review of The Local Government Code is in order, in

as much as local governments play significant roles and functions in determining land use or classifying land re-sources. This would also mean reviewing the policies of the Department of Agrarian Reform, the Local Govern-ment Units and the Housing and Land Use Regulatory Board, the Department of Environment and Natural Re-sources and all other governing policies towards a consis-tent and harmonious policy environment.

7. Related with the previous recommendation, there is a need to further clarify, and settle local responsibility over small-scale mining operations. This is to prevent finger-pointing every time a disaster strikes and claims more lives and properties. Since there are current confusion and misunderstanding over authority and responsibilities, there is a need to harmonize local with national guidelines concerning protection of mining areas where local small-scale miners operate. Mr. Speaker, “sino po ba ang may katungkulang mag apruba ng mga permits para sa small-scale mining? Nararapat po bang ang local government offices? Ang gubernador po ba at ang regional directors

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Like Ormoc, like Ondoy, like Pedring, and now like Sen-dong, government’s inaction is becoming more obvious even as it confusingly scrambles to plug in stop gap measures instead of instituting long-lasting solutions based on firm policies and laws and implementation of regulatory measures.

Our government's disaster management track record is

time again bruited as reactive instead of pro-active. I am obliged to agree, Mr. Speaker “na matagal na nating alam na taon-taon, dinaraanan tayo ng malalakas na bagyo at matitinding pagbaha. Subali't tuwi na lang may bagyo at pagbaha, napakaraming na-sasawi, nawawala, nawawalan ng bahay o di kaya natatabunan ng putik mula sa bundok, at higit sa lahat, naaapektuhan ang mga pananim na syang ikinabubuhay ng mga magsasaka at ng buong sambayanan ay saka lamang tayo kikilos. Sa isa pong banda Mr. Speaker, ang nakalilitong mga batas na pilit ipinatutupad ang siyang sanhi ng ating pag-sisisihan tuwi na lamang sasapit sa bansa ang mga sakuna at bagyo, habang ang mamamayan ang nananatiling mga biktima ng hagupit ng mga nito.

In the face of these realities it has become incumbent

upon us to act with urgency as it remains our obligation to do so. This Representation thereby issues the following recommenda-tions:

1. Create the House of Representatives’ Special Committee

on Climate Change and Mitigation, to be tasked with re-viewing, integrating and harmonizing relevant laws and legislative measures of concern.

2. We must immediately pass legislative measures that will eventually put in place a National Land Use Policy that is ecologically and environmentally sensitive as much as it pursues the preservation or expansion of our food base towards food security. We must work on policy on extrac- tive activities over land and water resources that strike a balance with securing food for our population. Land and water resources need to be set aside to ensure that the future generations will not starve due to the negligence of their leaders.

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I am not really sure if the data I have cited increased or decreased Mr. Speaker considering that in 2008, the Department of Agrarian Reform already issued a directive to suspend and impose a moratorium on land use conversions. If that has been sustained, then I guess no agricultural lands have been con-verted to other uses since then. Tama po ba ako? Or simply, and I ask the Department of Agrarian Reform (DAR), has the suspension resulted in the disapproval of applications, or simply “a suspension in the approval” of applications? I asked this because, when I filed House Resolution No. 1501 entitled Resolution Urging the Office of the President to Is-sue an Administrative Order Imposing a Moratorium on the Ap-proval of Land Conversion Applications for Five (5) Years Cover-ing the Periods 2011 to 2016, I found out that in Pulilan and Bo-caue, Bulacan, There were cases of re-classification of at least 300 hectares of prime agricultural lands planted to palay to other uses from 2008 to 2010. Mr. Speaker, land use conversion speaks of threats in food and agricultural production as much as changes in land utili-zation as in mining and quarrying activities that ultimately change the country’s natural landscape. Incontestably, these have given rise to ecological problems and natural disasters. Let us consider some cases where typhoons also worsen the already deteriorating quality of natural resources. eroded slopes and topsoil from mountains are deposited on dams and bodies of water such as lakes thus already aggravating cases of fish kill in Taal and Laguna, the flooding of the Province of Bula-can in past typhoons such as Pedring and Quiel, and of course, the landslides in the mining communities of Davao lately, by Typhoon Sendong. These recent past typhoons were not really pointed to site-specific environmental disorders but we are truly faced with the reality of a non-unified management of lakes and other bodies of water. All these could only be nature’s reactions to no less than our indiscriminate activities that we ourselves condone and allow under a regime of inconsistent and conflicting laws or legis-lature. Under present realities, Mr. Speaker, land use conversion becomes synonymous with allowing competing uses for land. The traditional uses of land for purposes of food production and

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ment And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws Pertinent Thereto, And

For Other Purposes.

This law was enacted precisely to protect and pre-serve existing fishing grounds and enable such to be-come sustainable sources of food and marine biodiver-sity. However, in Section 45 (Disposition of Public Lands for Fishery Purposes) Article III (Aquaculture), provides that two (2) years .after the approval of this Act, no fish pens or fish cages or fish traps shall be allowed in lakes.

This law was enacted in February 25, 1998 and fish pens and fish cages still operate in some of our lakes.

It would be unnecessary for now, for this Representation to delve deeply into the intricacies of these laws, man-dates and powers for whom and what, for as of the mo-ment, I am equally confused as our laws are. Suffice it to say that these inconsistencies deserve our undivided at-tention.

As a conclusion, may I strongly assert, Mr. Speaker that the confused policy environment on the utilization of our land and water resources and for that matter, our natural resources, al-lows unhampered land use conversions that forces our country to produce sufficient food for a rapidly increasing population under conditions of shrinking agricultural lands. This confusion permits the unimpeded, and widespread extractive economic activities on our forest and water resources that could only result to the ero-sion of our frontiers and bases for food production and the wan-ton destruction of natural life-support systems. Moreover, and may I underscore Mr. Speaker, that our confused policy environment could only allow greater vulnerabil-ity to climate change. Today, Mr. Speaker this confusion has led to irresponsive climate mitatigation measures. Sadly, government had acquired the irresponsible habit of initiating action only when hysteria is looming in the horizon.

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and the Housing and Land Use Regulatory Board (HLURB) In matters of land reclassification.

2. Executive Order no. 124 entitled, Establishing Priorities

And Procedures In Evaluating Areas Proposed For Land Conversion In Regional Agri−Industrial Cen-ters/Regional Industrial Centers, Tourism Develop-ment Areas And Sites For Socialized Housing. This measure issued on September 8, 1993 tasked the Local Government Units through the Local Development Coun-cil Technical Secretariat, to coordinate with the Housing and Urban Development Coordinating Council (HUDCC), National Housing Authority (NHA), Housing and Land Use Regulatory Board (HLURB), National Mapping Resources and Information Authority (NAMRIA), DENR, and the Land Management Bureau, to identify lands for socialized housing.

3. Executive Order no. 72 entitled Providing For The

Preparation And Implementation Of The Comprehen-sive Land Use Plans Of Local Government Units Pur-suant To The Local Government Code Of 1991 And Other Pertinent Laws. This measure was issued on March 25, 1993 and it created a Provincial Land Use Committee headed By the Provincial Planning and Devel-opment Coordinator. The Council shall be composed of members such as the Provincial Agriculturist, A represen-tative from NGOs that are represented in the Provincial Development Council. as well as representatives FROM HLURB, DENR, DAR, DTI, DPWH, Department of Tour-ism and DPWH.

4. Administrative order no. 2 issued on march 21, 2002 by

the department of agrarian reform entitled Institutional-izing The Center For Land Use Policy, Planning And Implementation (ClUPP) Mandating A Process For Evaluating And Prioritizing Current Uses Of Land.

5. Aside from the confusion it gives, there are also laws that re-spond to specific problems of resource depletion but are not implemented well. Let's take a look at Republic Act 8550 entitled, An Act Providing For The Development, Manage-

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ensuring food security is now pitted against the need for provid-ing housing, the establishment of industrial, commercial locations and the most recent allowed mixed use which is actually a com-bination of one or more uses. But with the current practice of convertingbooklet printing agricultural lands to other uses, as well as forests into mining purposes, how are these situations managed or regulated? Mr. Speaker, allow me to indulge into current measures that govern land use change and conversion issues by posing a number of questions: Are they consistent, are national and local measures in harmony with each other? To me the policy climate could only be described as confused. A Confused Policy Climate Let us look into the following policy measures. 1. Administrative Order No. 363 issued by the office of the

president in 1997 entitled Prescribing the Guidelines for the Protection of Areas non-negotiable for Conversion and Monitoring Compliance with Section 20 of the Local Government Code provides for “areas not subject to or non negotiable for conversion (section B Governing Prin-ciples). in the said issuance, agencies such as the de-partments of agriculture, agrarian reform, environment and natural resources among others, identified the follow-ing as non-negotiable for conversion.

2. Protected areas designated under the National Integrated

Protected Areas (NIPAS), including watershed and re-charge areas of aquifers. this is pursued by the depart-ment of environment and natural resources (DENR), pur-suant to RA 7586 of 1992 or the National Integrated Pro-tected areas (NIPAS) Act.

3. Areas Identified as Environmentally-Critical as Determined by

the DENR Pursuant to PD 1586 of 1978 Entitled Establishing an environmental Impact Statement System, Including Other Environmental Management Related Measures. and its im-plementing rules and regulations;

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4. Lands classified as highly restricted from conversion may be converted only upon compliance with existing laws, rules and regulations. An additional requirement of the social benefit cost analysis approved by the DA shall also be required before these lands may be approved for con version.

6. Applications for conversion covering areas under the

above shall be subject to the Environmental Impact As-sessment (EIA) and/or Environmental Compliance Certifi-cate (ECC) of the DENR.

This only means, Mr. Speaker, that land use conversions

and reclassifications also strictly require that the environ-mental and ecological character of lands being converted to other purposes must be reviewed thoroughly so as not to compromise the fragile state of our ecosystems.

There is however provisions of the Local Government

Code that may run counter with the above-mentioned national measures. To wit:

SEC. 199. of the LGC defines “Agricultural Land” as those devoted principally to the planting of trees, raising of crops, livestock, poultry, dairying, salt making,. Inland fishing and similar aquaculture; activities, and other agri-cultural activities, and is not classified as mineral, timber, residential, commercial or industrial land.

Under sec. 20, Reclassification of lands however allows a city or municipality ordinance as passed by the Sang-gunian, after conducting public hearings, authorize the reclassification of agricultural lands.

The above provisions of the Local Government Code are further pursued alone provides a powerful mandate for the local government units to decide on how they intend to utilize the land and water resources within their jurisdictions.

But how about land conversion or agricultural lands which according to the Department of Agrarian Reform (DAR) is an ex-clusive power or mandate of the agency?

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In my opinion, there now exist a dichotomy between land use conversion and land use reclassification – the first being the turf of the DAR and the second reserved solely to local gov-ernment units. Are we talking of different bananas here when we speak of reclassification and conversion?

In my opinion, land reclassification may not be limited to agricultural lands as local governments under the Republic Act No. 7076 are also empowered to issue Mining Licenses and Per-mits for small – scale or village level mining activities and im-pose upon them its regulatory powers – the utilization of land as mining areas logically precedes the act of land reclassification. Being so, these powers in my opinion also impinge upon laws and mandates of the DENR, under Republic Act 7942 that insti-tutes a new system of mineral resources exploration, develop-ment, utilization, and conservation.

Strange Bedfellows as it may seem! But who decides over what? An unhappy mix-up is further stirred by moves to urge governors to activate their respective Provincial Mining Regulatory Boards (PMRBs). Also drawing mandate under Republic Act 7076, the boards can issue policies and recommend measures to regulate the operations of small-scale mining in their areas. Under the same law, the Board is Chaired by the Regional Director of the Mines and Geo-Sciences Bureau of the DENR, with the Gover-nor. a Representative from the Small-Scale Miners, Town Mayor and a Non-Governmental Organization Representative as mem-bers.

It may be helpful to enumerate other legislations and issu-ances that may add-up to the confusion:

1. Memorandum Circular no. 54: Entitled Prescribing The

Guidelines Governing Section 20 Of Ra 7160 Other-wise Known As The Local Government Code Of 1991 Authorizing Cities And Municipalities To Reclassify Agricultural Lands Into Non-Agricultural Uses. This was Issued in 1993 by the Office of the President and it requires Local Government Units to coordinate with the Departments of Agriculture, Trade and Industry, Tourism