No Build Zone Policy In line with the Government’s effort to promote safety and protection of its’s people, particularly in the Yolanda Yolanda (Haiyan affected areas, the classification of ha!ard !ones suscepti"le to onslau#ht of typhoon, floodin#, landslides, and other hydrometereolo#ical ha!ards is here"y adopted and the #uidelines for activities therein are here"y issued for the information and #uidelines of all concerned$ Basic Policy •
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It is the policy of the state to maintain peace and order, protect, life, li"erty, and property, property, and promote the #eneral #e neral welfare of the people as essential for the en%oyment "y all the people of the "lessin#s of democracy$ It is also the policy of the &tate to serve, protect and promote the ri#ht of the people to a "alance and healthful ecolo#y in accord with rhythm and harmony of nature$ It is the policy of the state to uphold the people’s constitutional ri#ht to life and property "y addressin# the root causes of vulnera"ilities to disasters, stren#thenin# the country’s institutional capacity for disaster ris' r is' reduction and mana#ement and "uildin# the resilience of local communities to disaster includin# climate chan#e impact$
e#al "asis )oint *+N-*IG-*N*-*P.H-*/&0 1emorandum 2ircular No$3456 7 45 epu"lic 8ct 9:; 'nown as the 2ivil 2ode of o f the Philippines 8rt$ ;9:$ 0he "an's of rivers and streams, even in case case they are of private ownership are su"%ect throu#hout their entire len#th and within a !one of three meters alon# their mar#ins, to easement of pu"lic use in the #eneral interest of navi#ation, floata#e, fishin#, and salva#e$ Presidential *ecree no$ 54;< 'nown as the .ater 2ode of the Philippines 8rt$ =5$ 0he "an's of rivers and streams and the shores of the seas and la'es throu#hout their entire len#th and within a !one of three (9 meters in ur"an areas, twenty (34 meters in a#ricultural areas and forty (64 meters in forest areas, alon# their mar#ins, are su"%ect to the easement of pu"lic use in the interest of recreation, navi#ation, floata#e, fishin# and salva#e$ No person shall "e allowed to stay in this !one lon#er than what is necessary for recreation,
navi#ation, floata#e, fishin# or salva#e or to "uild structures of any 'ind$ Presidential *ecree No$ 54>;, the National Buildin# 2ode of the Philippines &ection 54=$ &ite e?uirements$ 0he land or site upon which will "e constructed any "uildin# or structures, or any ancillary or au@iliary facilities thereto, shall "e sanitary, hy#ienic or safe$ In the case of site or "uildin# intended for the use as human ha"itation or a"ode, the same shall "e at a safe distance, as determined "y competent authorities, from streams or "odies of water and or sources considered to "e pollutedA from volcano site andor any other "uildin# considered to "e a potential source of fire and e@plosion$ Presidential *ecree No$ <4=, the evised Corestry 2ode of the Philippines &ection5;$ 8reas needed for forest purpose$ purpo se$ 0he followin# lands, even if they are "elow ei#hteen percent (5:D in slope, are needed for forest purposes, and may not, therefore, "e classified as aliena"le and disposa"le land, to witE 0wenty-meter (34 strips of land alon# the ed#e of the normal hi#h waterline of rivers and streams with channels of at least five (= meters wide$ &trips of man#rove or swamplands at least twenty (34 meters wide, alon# shorelines facin# oceans, la'es, and other "odies of water, and strips of land at least twenty (34 meters wide facin# la'es$ epu"lic 8ct No$ 54535, the Philippine *isaster is' eduction and 1ana#ement 8ct of 3454 &ection 3 (#$ 1ainstream disaster ris' reduction and climate chan#e in development processes such as policy formulation, socioeconomic development plannin#, "ud#etin# and #overnance, particularly in the areas a reas of environment, a#riculture, a #riculture, water, ener#y, ener#y, health, education, poverty reduction, land use andor ur"an plannin#, and pu"lic infrastructure and housin#, amon# others$ (1emorandum 2ircular No$3456 7 45
1ode 1anner and manner of Implementation
2riticism from other sector 0aclo"an 2ityF0wo ?uestionsE .hat e@actly is the No Build Zone 8nd why was it imposed on 0aclo"an’s coasts 2learly, the latter isn’t as easy to answer as the former$ 8fter all, when environment and pu"lic wor's officials put up their No Build Zone si#ns in Ce"ruary, they cited presidential decree 54;<, issued in 5><;$ Jnder the decree, also 'nown as the .ater 2ode, the #overnment allotted pu"lic space alon# the Philippines’ waterways for recreation, fishin# and navi#ation$ 0he presidential edict, in turn, disallowed construction of houses within three meters from river"an's and seashores in ur"an areas, 34 meters in a#ricultural lands, and 64 meters in forest areas$ No ?uestion a"out itE the code’s intentions remain well and #ood$ However, you don’t immediately and ar"itrarily impose a 64meter No Build Zone in 0aclo"an (and other towns near"y three months after super-typhoon Yolanda struc' +astern Kisayas without any pu"lic consultation at all$ +@cept that’s what e@actly happened, than's to the *epartment of +nvironment and Natural esources (*+N, which issued the declarationA and the *epartment of Pu"lic .or's and Hi#hways (*P.H, which put up the si#ns$ 0he move enra#ed many people, Yolanda survivors and otherwise, includin# those who "uilt propertyF a handful of which survived the typhoonFalon# the city’s coasts$ In so many words, "oth scathin# and so"er, 0aclo"an 2ity 1ayor 8lfred G$ omualde! has pu"licly opposed the No Build Zone declarations more than he can ever care to remem"er$ Palo, eyte Kice 1ayor onna 2hristian 1$ eposarFhimself an ally of the 8?uino administrationFhas echoed these same sentiments$ 0he Lno "uild !oneM declaration is %ust an announcement, says eposar, who is also a lawyer "elon#in# to several alternative law #roups$ It "ecame complicated when it was declared in 0aclo"an$ .e saw it was delineated and suddenly, they put up si#na#es, he adds$ In an interview on the sidelines of a forum held in 0aclo"an 2ity wee's a#o, eposar mentions that not all areas destroyed "y Yolanda need to "e covered "y the No Build Zone$ .e have maps and other #eoha!ard information La"out 0aclo"an and near"y areasM
and we should formulate policies "ased on that, he says$ If you’re livin# in a flood-prone !one, he adds, then proper action should "e ta'en to ensure that you don’t put up dwellin#s within a certain distance from the shore or river"an'$ eposar admits that these matters may even "e way too technical andor theoretical in the current conte@t of the unhurried pace of reha"ilitation wor' underta'en in +astern Kisayas$ He points to a more "asic, fundamental precept$ No consultation process was ever conducted re#ardin# the declaration, says eposar, addin# that his #roup is eyein# to file a case "efore the &upreme 2ourt, if only to ma'e the national #overnment #et its act to#ether re#ardin# the No Build Zone declaration$ *I&P82+* However well meanin#, the declaration (and the si#ns that accompanied it spawned #rief and sufferin# amon# Yolanda survivorsFinside and outside of 0aclo"an 2ity$ 0a'e ilia 8$ Yman, a housewife who is also the president of ove 0aclo"an Homeowners 8ssociation, an informal settlers’ #roup in the city’s fish port area$ Yman lives in a structure that she herself admits can hardly "e called a house$ .ith a used tarpaulin for its roof and various 'inds of materials ma'in# up its walls, Yman shares these ric'ety ?uarters with her hus"and (a tricycle driver and two dau#hters (a third one, the eldest, already has a family of her own$ Immediately after Yolanda, all 5,444 families in the areaF includin# Yman’sFwere displaced and scattered all over eyte$ Not lon# after Yolanda, they all came "ac', save for a few families, "ecause they wanted to defend their claim to their land, which the #overnment was in the process of #ivin# them in the first place even "efore the typhoon struc' 0aclo"an$ Because Yman’s community is located in a No Build Zone, that claimFas well as ne#otiations for turnover of land titlesFis now in lim"o$ 8nd that is %ust one of her community’s many pro"lems$
i'e many others stayin# in a No Build Zone, Yman and her family have "een dis?ualified from receivin# any shelter assistance from international non-#overnment or#ani!ations, which are waitin# for #overnment to settle the issue once and for all$ Glo"al relief and reha"ilitation a#encies have "een prompted to withhold aid "ecause they don’t want to "e perceived as encoura#in# people to stay in areas considered ris'y "y the #overnment$ Nowadays, every time it rains, Yman tries her "estF#iven her mea#er resourcesFto protect her children from the downpour$ 0hey’ve already "een traumati!ed enou#h "y Yolanda, she relates in an interview$ 2urrently, as a leader of an informal settlers’ #roup, Yman is doin# her "est to let their voices "e heard$ &he has "een unsuccessful so far$ 0he 8?uino administration has yet to issue a formal clarification a"out the No Build Zones$ Jnfortunately, it seems to "e ta'in# its own sweet time to do so$ 0he national #overnment has to speed it up, eposar says$ .e’re not proceedin# Lwith reha"ilitationM "ecause we’re waitin#$ 0here are no parameters at all$ 8nd the No Build Zone is not even a policy, he states$
8 G/JP of civil society or#ani!ations #ave a failin# #rade to President Beni#no 8?uino III over the no pro#ress on no-"uild !ones policy$ +i#ht months after 0yphoon Yolanda rava#ed +astern and 2entral Kisayas, the President has yet to issue concrete #uidelines to address a si#nificant num"er of people who live within the 64-meter no-"uild !ones, which are ar"itrarily declared as dan#er areas and not fit for dwellin#$ *espite the a"sence of a national #uideline to implement the no-"uild !ones policy, widespread displacement of municipal fisherfol', particularly in 0aclo"an 2ity in eyte, 1unicipality of 2arles in Iloilo, and Bantayan Islands in 2e"u, is happenin#, said uperto 8lero!a of the &ave the Cisheries Now Networ', a national coalition of non-#overnment or#ani!ations and peoples’ or#ani!ation$
8 conservative estimate "y the National 8nti-Poverty 2ommission pe##ed around 3=3,;:: fishin# households will "e directly affected if the 64-meter no-"uild !ones will "e implemented$ I thin' local #overnment units (GJs are waitin# for the policy direction from the national #overnment$ It is not enou#h to mar' areas as no-"uild !onesA we need to address the needs for permanent settlement$ 0he pro"lem for GJs is that either we no lon#er have lands availa"le that are suita"le for safe and decent settlement or we don’t have funds to "uy lands for resettlement, said "aran#ay captain Gre#orio anta%o )r$ of &an )oa?uin in Palo, eyte$ 1unicipal fisherfol' have already cried foul over the policy pronouncement since this is a death sentence to their livelihood$ If the #overnment will implement the no-"uild !ones policy ar"itrarily, we will "e displaced from our traditional areas for seaweeds and fish dryin# and "oat doc'in# sites, said 8"raham ayos, a fisher from 1adride%os, 2e"u$ Oailan#an matiya' na maaari pa rin namin# #amitin an# "ay"ayin para sa amin# pina#'i'itaan$ Oami na n#a an# pina'amahirap na se'tor sa Pilipinas, 'ami pa an# pinapalayas, said osanto 2astillo )r$ from 0aclo"an 2ity$ Based on the National &tatistical 2oordination Board, fisherfol' are considered to "e the poorest of the poor with 65$6 percent poverty incidence$ Bein# the poorest of the poor, municipal fisherfol' livin# in lowlyin# coastal communities are the most vulnera"le sector from the impacts of disasters and climate chan#e$ 8side from "ein# responsive to their needs, the #overnment should also "e e@tra careful in its policy pronouncements and implementation of reha"ilitation and reconstruction in Yolanda affected communities, said Gerry 8rances of the Philippine 1ovement for 2limate )ustice$ 0he #roup called on the #overnment, especially the /ffice of the Presidential 8ssistant for eha"ilitation and ecovery (/P8, to deliver on its promise of issuin# a national #uideline on no-"uild !ones$ 0he /P8, in a consultation with civil society or#ani!ations in 1arch 3456, promised that prior to their issuance of a #uideline in
1ay 3456, consultations with affected sectors will "e conducted$ Jntil now, #uidelines have yet to "e released$ (P
Criday, *ecem"er 59, 3459 082/B8N 2I0Y -- Buildin# of houses 64 meters from the shorelines is now prohi"ited followin# the passa#e "y the 2ity 2ouncil here of a no-"uild !one ordinance durin# its re#ular session .ednesday$ awyer 0ecson )ohn im said the ordinance was passed in response to the re?uest of the International /r#ani!ation for 1i#ration, JN Ha"itat for Humanity, GIZ and the ur"an plannin# cluster until they can come up with the proper "uildin# code and a master plan$ 0he 64 meters shall "e measured after the hi#h-tide, said im, clarifyin# that the ordinance does not cover the already e@istin# structures$ im, in as'in# for understandin# from affected residents, said the 2ity does not want a repeat of what had happened durin# 0yphoon Yolanda (Haiyan last Novem"er :$ 0housands of families have "een left homeless "y Yolanda, considered the stron#est typhoon in the world this year$ 8s of Criday (*ecem"er 55, ;,44> people were confirmed .hether or not you have a land title, no "uildin# permit will "e issued to you if you will put up residential houses within 64 meters of the shorelines, said im$ 0he enforcement of the ordinance will affect some <,99> families from coastal communities of the city$ 1eantime, the families affected will "e housed in various "un'houses or temporary shelters that are "ein# constructed "y the *epartment of Pu"lic .or's and Hi#hways$ (PN8&unne@
JN*+&08N*ING P8’& N/ N/-BJI* Z/N+ P/I2Y E Good, Bad, or .hat and .ho .ill Have the Cinal &ay Posted on 1arch 5=, 3456 "y Biodiversity, Innovation, 0rade and &ociety (BI0& Policy 2enter, Inc$ 2J+N0 &/2I+08 2/N2+N& +lpidio K$ Peria 5= 1arch 3456 )ust the other day, the /ffice of the Presidential 8ssistant for ecovery eha"ilitation (/P8 issued a press release that they are not recommendin# a 64m No Build Zone policy for Yolandaaffected areas, sayin# that a "lan'et application of the policy will not address e@ceptional circumstances and may "e impractical for certain areas, hi#hli#htin# that in some areas, there will "e fishin# industries or tourism-oriented "usinesses that still need to "uild structures within 64m from the coastline while other areas (which are covered "y the 64m No Build Zone are located in hi#h elevations which are not suscepti"le to storm sur#es$ 0he P8 recommended instead the creation of safe !ones, unsafe !ones and no dwellin# !ones$ In areas set aside as unsafe !ones, no structures would "e "uild "ut in areas where structures are necessary for livelihood or commercial purposes, residential structures will "e prohi"ited thus they will "e considered as no dwellin# !ones$ 0he press release does not ela"orate it, "ut it appears that safe !ones are areas where the usual "uildin#s and structures of whatever 'ind will "e allowed$ ocal #overnment units, residents in the affected areas, fisherfol' communities, NG/s, includin# "usinesspeople need to understand the implications of this policy$ /ffhand, it must "e noted that, as reported online "y &unstar, 0aclo"an 2ity passed already an ordinance on such a policy, institutionali!in# it, at least in the 2ity$ 0his means that this policy will no lon#er apply to 0aclo"an 2ity, the epicenter of almost all media events and cele"rity visits thus far, to the detriment or non-hi#hli#htin# of the similar situation e@perienced "y other affected areas$
)ud#in# from the news reports on the su"%ect, the no-"uild !one policy is opposed "y fishermen- they need their "oats near the sea and as reported "y appler$com, the fishermen need only to push their "oats across the sand to #et to the shore a few meters awayA even the survivors themselves are opposed to the policy, as most of them have their homes and other forms of livelihood within these !ones$ 8t first #lance, the stated P8 policy seems reasona"le, "ut are not the areas set for livelihood or commercial purposes, which is common practice in almost all areas in ur"an and rural areas in Philippines, also used as dwellin#s "y those who run these esta"lishments, thus, ma'in# them no-dwellin# !ones will add to the hardship of the residents and "usinesspeople runnin# these places as they may have to incur e@penses travelin# to and from their residences and their places of livelihood or "usiness$ 0hese people will, as a conse?uence of this policy, may have to incur twice the e@pense now, re"uildin# their "usinesses and livelihoods and findin# a shelter they can call their own$ 2an these people really afford it Isn’t it that the usual way is one revive’s one "usiness or livelihood first and then if "usiness is #ood, sets aside some funds to "uild one’s house$ How a"out those earlier-mentioned fishin# industries or tourism-oriented "usinesses, are they in the cate#ory of safe !ones or no-dwellin# !ones, what can they do and not do "ein# part of such !ones 2an they e@pand their perimeters or there are certain limitations as to what they can do within their "oundaries .hat a"out if the "usiness will shut down, will their status remain, and what a"out if they e@pand, are there limits to what they can do Cinally, who #ets to have the final say on what these !ones will "e, it is clear the P8 is only a recommendatory "ody, as its press release also said, it will all "e up to the &an##unians or le#islative "odies of these areas, who will have the final say in this$ Perhaps to #et a "etter sense of what 'ind of policy needs to "e esta"lished, one may need to #o "ac' to a similar policy "ut may not "e the same in intent 7 the easement of pu"lic use in water "odies, found in art$ =5 of a 1arcos-era Presidential *ecree si#ned into law in 5><;, the .ater 2ode of the Philippines, which reads E
8rticle =5$ 0he "an's of rivers and streams and the shores of the seas and la'es throu#hout their entire len#th and within a !one of three (9 meters in ur"an areas, twenty (34 meters in a#ricultural areas and forty (64 meters in forest areas, alon# their mar#ins are su"%ect to the easement of pu"lic use in the interest of recreation, navi#ation, floata#e, fishin# and salva#e$ No person shall "e allowed to stay in this !one lon#er than what is necessary for recreation, navi#ation, floata#e, fishin# or salva#e or to "uild structures of any 'ind$ 0his law tal's a"out a le#al entity called an easement, which, accordin# to a recent case decided "y the &upreme 2ourt (Pilar *evelopment 2orporation v$ amon *umada#, et$al$, G$$ No$ 5>699;, 1arch 59, 3459 on this, is an encum"rance imposed upon an immova"le for the "enefit of another immova"le "elon#in# to a different owner or for the "enefit of a community$ In other words, an easement is an imposition or "urden set on another property, which in this case is to "enefit the "roader pu"lic or the community$ 0his is somethin# that must "e done "y a property owner, to "enefit the pu"lic$ 8t the outset, an area set aside for this 'ind of easement cannot fence off an area to 'eep away the pu"lic as that area is for every"ody, for every"ody’s 'ind of purposes$ .hat the .ater 2ode envisa#es is either a 9-meter (for ur"an areas, 34-meter (in a#ricultural areas, or a 64-meter (in forest areas easements of pu"lic use, and as stated "y the 2ode, in the interest of recreation, navi#ation floata#e, fishin# and salva#e$ 0o further ela"orate what this easement for pu"lic use will entail, the 2ode further says E no person shall "e allowed to stay in this !one lon#er than what is necessary for recreation, navi#ation, floata#e, fishin# or salva#e or to "uild structures of any 'ind$ 0he idea of a no-"uild !one is of a different 'ind, and as #leaned from the statements of the *+N &ecretary, it means what it says, nothin# will "e "uilt in these areas, "ut the reason is to prevent further ha!ards from natural calamities such as earth?ua'es, and as recent e@perience has made us reali!e, includin# storm sur#es$ 0he *+N has not ela"orated what further uses of the area may "e possi"le in case nothin# is "uilt on it anymore, li'e what the .ater 2ode easements provide as discussed$ 0he &upreme 2ourt case earlier cited however mentions a *+N 8dministrative /rder No$ >>-35 which provides details on
these pu"lic easements$ &o, perhaps to clarify what can "e done and not "e done in these no-"uild !ones, perhaps a further administrative issuance may"e necessary$ .hat the P8 has proposed needs to "e further de"ated and reflected upon, perhaps it may only call for the dustin#-off and application of old laws that may actually suit what the situation calls for$ httpsE"itsin"its$wordpress$com3456495=understandin#-parrs-nono-"uild-!one-policy-#ood-"ad-or-what-and-who-will-have-the-finalsay 0he movement a#ainst no-"uild !one, no-dwell !one policy will spread li'e wildfire$ 0he people in the coastal communities will continue to e@pose and oppose this hi#hly unaccepta"le adventure of the #overnment to deny our fisherfol' the ri#hts to livelihood and decent communities$ By G+Y 8B+0 2/PJZ Bulatlat$com 18NI8 7 8 national federation of small fisherfol' or#ani!ations has pressed the *epartment of +nvironment and Natural esources (*+N to dismantle all no-"uild !one mar'ers it had installed since last year and allow fishermen and other coastal villa#ers to return to their fishin# areas and communities$ In a press statement sent to media,, a copy of which was emailed to Bulatlat$com, the pro#ressive fisherfol' alliance Pam"ansan# a'as n# Oilusan# 1amamala'aya n# Pilipinas (Pamala'aya as'ed *+N &ecretary amon Pa%e to remove all temporary mar'ers it constructed indicatin# the 64-meter no "uild !one policy from the coastline of &an )oa?uin in Palo, eyte up to &an )uanico Brid#e in 0aclo"an 2ity$ In the name of the collective interest and #enuine sentiment of the people of 0aclo"an and +astern Kisayas, we here"y order the office of *+N &ecretary amon Pa%e to remove the no-"uild !one mar'ers from Palo to &an )uanico Brid#e and allow the safe return of small fishermen to their place of economic activity and a"ode, said Pamala'aya vice chairperson &alvador Crance$ 0he Pamala'aya leader noted that the no-"uild !one currently imposed "y *+N covers some 9=$:: 'ilometers from Palo to
0aclo"an 2ity$ Crance said the mar'ers were installed "y the *epartment of Pu"lic.or's and Hi#hways (*P.H upon the re?uest of the environment a#ency$ &omethin# must "e done to stop 1alacaQan#, the *+N, the *P.H and the reha"ilitation tas' force of Panfilo acson from clearin# the area of small fisherfol' to #ive way to "i# "usiness #roups$ 0he reha"ilitation, which the #overnment wants to carry out, is e@tremely anti-people, added Crance$
Pamala'aya last wee' sta#ed a 54-"oat fluvial protest in a#una a'e to protest the no-"uild !one, no-dwellin# !one policy currently imposed in coastal areas in 0aclo"an 2ity and the rest of +astern Kisayas, which were rava#ed "y super typhoon Yolanda last year$ 0he protesters maintained that the same will "e soon carried out in nine la'e towns of i!al and 5: towns of a#una and the cities of 0a#ui# and 1untinlupa and would displace 9$> million people mainly small fishermen, poor farmers and ur"an poor around the >4,444 hectare la'e$ 0he 54-"oats powered "y ra#ta# ei#ht-horsepower en#ines sailed alon# Binan#onan fishport and carried placards containin# the demand for the scrappin# of no-"uild !one, no-dwell !one policy and the dismantlin# of Napindan Hydraulic 2ontrol &tructure (N2H& to allow salt water from 1anila Bay to enter a#una de Bay via the Pasi# iver to allow the cleansin# of the la'e and #et rid of invasive fish species li'e %anitor fish, sna'e turtle fish and 'nife fish presently pesterin# other edi"le fishes in the la'e$ Pamala'aya said the fluvial protest in a#una a'e is the "e#innin# of a lon#-runnin# "attle a#ainst the no-"uild !one, no-dwell !one policy$ He said more protests a#ainst the policy would "e sta#ed in different parts of the country this month$ 0he Pamala'aya leader said protests a#ainst the no-"uild, no-dwell !one policy will also "e sta#ed in 0aclo"an 2ity and other coastal towns of eyte and +astern &amar, Northern Ne#ros, Northern 2e"u, Northern Iloilo, 8'lan, 2api! in Panay Island and Palawan in &outhern 0a#alo# re#ion$ 0he movement a#ainst no-"uild !one, no-dwell !one policy will spread li'e wildfire$ 0he people in the coastal communities will continue to e@pose and oppose this hi#hly unaccepta"le adventure of
the #overnment to deny our fisherfol' the ri#hts to livelihood and decent communities$ 0he #overnment of President Beni#no 8?uino III has no option "ut to recall the policy and stop transnational corporations and their local "i# partners from pursuin# their land and coastal #ra""in# sprees in Yolanda stric'en areas, the #roup said$ 34,444-hour deadline
0he 8?uino administration had imposed a 34,444-hour deadline for reha"ilitation c!ar Panfilo acson to e@pedite the reha"ilitation of areas devastated "y 0yphoon Yolanda$ 8mon# those corporations that accepted the offer of the national #overnment to underta'e the reha"ilitation of Yolanda stric'en areas are mem"ers of the Philippine Business for &ocial Pro#ress (PB&P F a non-#overnment or#ani!ation created "y the corporate sector to respond to poverty durin# the 1arcos administration 7 and the Philippine *isaster esponse Coundation (P*C, comprised "y the same companies or#ani!ed last year at the hei#ht of calamities that struc' the country$ *anilo 8ntonio, undersecretary of the reha"ilitation campai#n said the "i# corporations are called development sponsors tapped to identify and carry out priority pro%ects in Yolanda devastated areas such as housin#, education, health and livelihood$ He said the reha"ilitation of 0aclo"an 2ity will "e underta'en "y the Philippine on# *istance 0elephone 2o (P*0 and the International 2ontainer 0erminal &ervices Inc (I20&I$ In 2e"u, the #overnment will tap the services of 8"oiti! and 1etro Gaisano #roups, while in Ne#ros /ccidental, the reha"ilitation pro%ects will "e funded "y the 8yala #roup of companies$ 0he national #overnment also earmar'ed the 3nd district of eyte for the ope! #roup, while the 1etro"an' #roup will ta'e the town of Palo also in eyte$ 1eanwhile, 8'lan, will "e handled a#ain "y the 8yala #roup and Glo"e 0elecom, while the =th district of Iloilo will "e handled "y 8yala and$ 0he reha"ilitation contracts for the 6th district of Iloilo will "e cornered "y )G &ummit Holdin#s, the 5st district of Iloilo will #o to 1etro Pacific Investments 2orp$ while Guian in &amar province will "e #iven to Nic'el 8sia and other reha"ilitation pro%ects in the rest of the &amar will "e #iven to 8B&-2BN 2orporation$
0he national #overnment has earmar'ed P9;4 "illion fund for "i# "usiness while the people are still sufferin# from poverty, sic'ness and loss of opportunities$ 0he reha"ilitation pro#ram is for "usiness opportunities and not for people’s reha"ilitation at all, the Pamala'aya leader lamented$ 0he #roup maintained that the no-"uild !one, no-dwellin# !one policy which reha"ilitation secretary acson wants to carry out in areas devastated "y super typhoon Yolanda in +astern Kisayas and other provinces will cover 5<5 cities and municipalities$ Pamala'aya said the national #overnment have collapsed the 5<5 cities and municipalities into 36 areas of intervention that would cover +astern Kisayas and 96 more provinces affected "y super typhoon Yolanda and Ha"a#at in 3459 and /ndoy in 344>$ Pamala'aya said a class war is hi#hly needed to frustrate the no-"uild !one, no-dwellin# !one policy$ It said an all-out war must "e the victims’ collective response a#ainst what the #roup a #rand declaration of war a#ainst the poor and an open invitation for corporate ta'eover in areas stric'en "y super typhoon last year$ 8 class war to "e participated "y small fisherfol' shall "e the ultimate and correct response to this loomin# national recipe for death and destruction, the #roup said$ Pamala'aya noted that the cruel intention of the 8?uino #overnment is to remove fishin# communities and contain fishin# activities to #ive way to construction of economic !ones in Yolanda stric'en communities$ 0he Pamala'aya official noted that the Philippine +conomic Zone 8uthority (P+Z8 is plannin# to "uild a new special manufacturin# area in typhoon-rava#ed eyte under the prete@t of reha"ilitation and reconstruction process in +astern Kisyas$ 0he #roup learned that P+Z8 have already identified a 54-ha property that would "e a possi"le site for the li#ht industry, lowtechnolo#y econo!one$ In addition, P+Z8 will also loo' into applications for special economic !ones in the area so that the reconstruction and provision of %o"s would "e fast-trac'ed$ Pamala'aya ar#ued that massive demolition of fishin# communities is further "olstered "y a "ill, which was filed in the House of epresentatives, see'in# to create a special economic !one in the typhoon-devastated city of 0aclo"an, eyte$ 0he #roup is
referrin# to House Bill 9;64, or the 0aclo"an 2ity &pecial +conomic Zone 8ct of 3459, filed "y 54 lawma'ers from the independent "loc led "y eyte epresentative 1artin omualde!, which stressed that esta"lishment of the !one would spur investments in 0aclo"an$ 0he eco!one "ill asserts that there are physical, #eo#raphic and natural attri"utes of the 0aclo"an 2ity coastline area that can ma'e the creation of a freeport ideal$ 0aclo"an port was a haven for international ships and even carriers as evident durin# the relief operations of some forei#n countries in the aftermath of typhoon Yolanda last Novem"er :, 3459$ 0he "ill li'ewise said that the port is easily accessi"le to lar#e commercial ships plyin# the seas of the 8sia-Pacific e#ion and is %ust a few 'ilometers from the 0aclo"an 2ity airport, which has plenty of room for up#radin# to an international airport$ Jnder the "ill, the proposed 0aclo"an 2ity +co!one will operate as a decentrali!ed, selfreliant and self-sustainin#, industrial, commercialtradin#, a#roindustrial, tourist, "an'in#, financial and investment center with suita"le residential areas$
No-"uild !ones confusion delays resettlement of Haiyan survivors
18NI8, 5: )uly 3456 (IIN - 1i@ed messa#es related to NoBuild Zones in coastal areas of the Philippines, includin# those devastated "y 0yphoon Haiyan in Novem"er 3456 can create a false sense of security, and prevent the reha"ilitation of storm-displaced people, officials and e@perts warn$ In the wee's after super typhoon Haiyan (local name Yolanda decimated the central Philippines, the *epartment of +nvironment and Natural esources (*+N declared a 64-metre no-"uild !one alon# the coastlines of +astern &amar and eyte, two of the worst-hit areas$ 0he declaration was "ased on protocols outlined in 8rticle =5 of the Philippine.ater 2ode, a presidential decree$ However, officials say, the move could undermine safety and recovery efforts$ 0here is a misinterpretation of the .ater 2ode$ It #ives the wron# messa#e that when you are "eyond 64 metres of the coastline,
you are already safe, 8lfred omualde!, the mayor of 0aclo"an, told IIN$ +levation is a "etter measure of protection$ You cannot "uild a structure that will withstand a storm sur#e or tsunami - the only way is up, he said$ 0aclo"an, a coastal city in the central Philippines, was swallowed up "y storm sur#es reported to "e as hi#h as si@ metres$ 1ost of the over ;,444 deaths caused "y Haiyan occurred in 0aclo"an$ 8 1ay 3456 inter-a#ency report shows that around 3;,444 people remain in tents and evacuation centres, or with host familiesA and 344,444 people face prolon#ed displacement, the report said, if the areas where they lived previously are declared "y the #overnment as "ein# in no dwellin# !ones$ 0he desi#nation means structures can "e "uilt "ut not inha"ited, which is often in practice interpreted to mean no-"uild !one$ Government officials and humanitarian wor'ers are concerned that compliance with the 64-metre no-"uild !one can have the dual effect of convincin# people at lower elevations that they are safe when they are not, and limitin# relocation options "y desi#natin# some safe areas as off-limits$ Non-strict application .e recommend that we do not strictly apply the no-"uild !one L#uidelineM$ It is impractical to implement, said Oaren )imeno, director of communications for the /ffice of the Presidential 8dvisor for eha"ilitation and ecovery (/P8$ /P8 was a committee created "y President Beni#no &imeon 8?uino III to oversee all reha"ilitation efforts after Haiyan$ Instead of the "lan'et 64-metre no-"uild !one, /P8 is recommendin# that areas "e classified as safe !ones, unsafe !ones, or controlled !ones$ Buildin# in controlled !ones, for e@ample, will "e permitted as lon# as there are miti#atin# measures in that area such as
man#roves, catch "asins, or sea walls to protect a#ainst disasters$ /P8 is currently surveyin# affected areas usin# multiha!ard maps - which scope out the topo#raphy of an area and determine its de#ree of vulnera"ility to certain disasters$ 0hen the committee will classify areas as safe, unsafe or controlled !ones$ Previously the *+N-1ines and Geosciences Bureau produced #eo-ha!ard mapsthat classified areas accordin# to their de#ree of vulnera"ility to floods and landslides$ 8ccordin# to )imeno, the multi-ha!ard maps will complement the #eo-ha!ard maps to include an area’s vulnera"ility to storm sur#e and earth?ua'e, in addition to floods and landslides$ .e hope that the GJs Local Government Jnits, which "ear principal responsi"ility for disaster responseM can use the maps as an evaluation tool to plan their resettlement and re"uildin# efforts, e@plained &arah )ane &amal"uro, chief science research specialist at the *epartment of &cience and 0echnolo#y (*/&0, which is developin# the maps in cooperation with the )apan International 2ooperation 8#ency ()I28$ 0a'in# too lon# .hile many welcome the development of multi-ha!ard maps as part of "uild "ac' "etter efforts, some are concerned that they are ta'in# too lon# to complete, leavin# the displaced in lim"o$ 8ccordin# to &amal"uro, of the 5<5 municipalities affected "y Yolanda, 556 have "een mapped out for landslide, ;4 for flood and 34 for storm sur#e$ 8 multi-ha!ard map to determine earth?ua'e vulnera"ility will "e developed at a later date$ /ur shelter interventions depend on these multi-ha!ards maps and the decision of the local #overnment on where to "uild$ If you loo' at their situation now, it is as if Lthe displacedM have not yet received humanitarian aid, said 2onrad Navidad, emer#ency preparedness and response coordinator for the International /r#ani!ation for 1i#ration (I/1, in the Philippines$ 0he 1ay inter-a#ency report ac'nowled#ed that the
#overnment had ad%usted its "lan'et policy on no-"uild !ones, "ut pointed out that only limited options for resettlement remained$ 0yphoon amussan (local name Glenda made landfall in the Philippines this wee', 'illin# at least 9: people$ 8ccordin# to I/1, several hundred Haiyan-displaced families were evacuated temporarily from tents to other structures when floodin# "e#an$ nter8'syon$com 0he online news portal of 0K= 18NI8 -- 0he no-"uild !one policy of reha"ilitation chief Panfilo acson is a ni#htmare to 544,444 fishermen in Yolanda-affected areas, 'eepin# at least :44,444 people dependent on fishin# from their source of livelihood, the fishermen’s alliance Pam"ansan# a'as n# Oilusan# 1amamala'aya n# Pilipinas (Pamala'aya said in a news release &unday$ 0he policy "ans the construction of houses 64 meters from sea coasts$ Pamala'aya is thus as'in# *epartment of Interior and ocal Government (*IG &ecretary 1anuel o@as II to stop acson from carryin# out the policy intended to 'eep coastal residents safe from tsunamis and storm sur#es$ R&ecretary o@as should stop the /ffice of the President and Pin# acson from carryin# out this all-time hi#h "rutality and wholesale disre#ard of peopleSs ri#hts and welfare$ 0he *IG chief should rise a"ove the occasion and ta'e a decisive stand on the nodwell !one, no-"uild !one policy to protect the farmers, the fishermen, and other mar#inali!ed people,R Pamala'aya said in a statement$ In Panay Island alone, the policy would forci"ly dislocate at least <4,444 families or 9=4,444 people$ 1ost of the displaced are farmers and small fishermen, Pamala'aya vice chairpersons &alvador Crance and Peter Gon!ales$ 2itin# #overnment estimates, they said the "rea'down isE 9;,944 families in Iloilo, 5;,444 families in 8'lan, 53,444 families in 2api!, and =,444 families in 8nti?ue$ Beyond TYolanda’ areas 0he *epartment of +nvironment and Natural esources (*+N throu#h the 1ines and Geosciences Bureau (1GB would
e@pand the covera#e of no-"uild !one policy from 64 meters to 344 meters to pave the way for eco-tourism pro%ects under the Pu"licPrivate Partnership (PPP pro#ram, said Pamala'aya chairperson and 8na'pawis partylist ep$ Cernando Hicap$ 0his way, Hicap said, the policy will "e carried out to #ive way to corporate ta'eover "y local and forei#n private enterprises and "usinesses involved in reha"ilitation pro#rams and cause severe dama#e to livelihood and environment$ 0he policy will also "e carried out in a#una a'e and 1anila Bay to %ustify the construction of a new international airport and other "i#-time PPP pro%ects in the >4,444-hectare a#una a'e and provide premium to lar#e-scale and widespread reclamation pro%ects in 1anila Bay, Pamala'aya said$ In a#una a'e, the no-"uild !one policy will dislocate around 9$> million people, while in 1anila Bay, a"out ; million people will "e evicted to pave way for "i# land reclamation pro%ects of the Pu"lic eclamation 8uthority (P8, the fishermen’s #roup said$ 8t the same time, Pamala'aya ur#ed lawma'ers from +astern Kisayas and other areas affected "y the no-"uild !one, no-dwell !one policy in Northern Ne#ros, Northern 2e"u, Panay Island, Guimaras, and Palawan to support Hicap’s House esolution >6<$ 0his support is needed so that the con#ressional in?uiry on the impact of no-"uild !one policy on small fishermen and other residents may push throu#h$ ast wee', Hicap filed a resolution directin# the House 2ommittees on 8?uaculture and Cisheries and Pu"lic .or's and Hi#hways to conduct a %oint in?uiry to investi#ate the impact of the No Build Zone, No *well Zone policy on coastal areas affected "y super typhoon Yolanda last year$ R0he policy prohi"its small fishermen and other residents from returnin# to their fishin# villa#es and the construction of houses and settlements near the coastlines and 64 meters away from the shoreline are also prohi"ited,R the resolution said$ 8s of 3> )anuary 3456, the National *isaster is' eduction and 1ana#ement 2ouncil (N*12 reported that typhoon Yolanda affected at least 5; million people, mostly in +astern Kisayas, claimed
the lives of more than ;,444 people, in%ured nearly 94,444 people, with almost 3,444 people still missin#$ Philippine *aily In?uirer ByE 0arra Uuismundo, )une 6th, 3456 43E=; 81 18NI8, Philippines7Nearly seven months since tsunami-li'e waves spawned "y &uper 0yphoon Yolanda (international nameE Haiyan swept away their loved ones and homes, some families in disaster-stric'en 0aclo"an 2ity are "ac' in the dan#er !one$ Philippine ed 2ross chair ichard Gordon disclosed this on 0uesday, citin# a recent visit to 0aclo"an 2ity where he saw newly re"uilt houses on the coast of Baran#ay ;> (8ni"on# district$ &upposedly a no-"uild !one as desi#nated under the #overnment’s "uild "ac' "etter pro#ram, ma'eshift houses are "ac' in the section of the city where Yolanda’s deadly storm sur#e pushed ships to shore, indicatin# %ust how powerful the Nov$ :, 3459, monster storm was$ 8*K+0I&+1+N0 I have pictures$ 0he roofs on the houses are all new, and they are all "eside the sea, Gordon said in a press "riefin# at the *epartment of Corei#n 8ffairs on 0uesday, where he spo'e ahead of the disaster ris' reduction and mana#ement conference to "e held in 1anila this wee'$ He could not say how many families have so far moved "ac' to the coastal "aran#ay$ 0hat’s the area where "i# ships Lwere swept to shoreM$ 0here’s no way to #et those ships out anymore$ 0hey’re surrounded "y new houses, the former senator said$ I as'ed them, T.hy are you "uildin# there’ L0hey said,M T.e will "e relocated "ut that would "e hard for us$’ I told them to ta'e the new lots and still 'eep their old lots Lon the coastM, "ut that they should not live there$ LI told them,M TIf you live here, it would "e dan#erous,’ said Gordon, a lon#time advocate of communities that are resilient instead of reactive in the event of disasters$ 0here has to "e some"ody doin# that to the pu"lic, remindin# them of the ris's of livin# on the ha!ard !one, Gordon said$ No one to "lame
0he ed 2ross chair said it was not a criticism as no"odyF not the #overnment or the typhoon victimsFwas to "lame for what happened$ He, however, noted that more could "e done in enforcin# the no-"uild !oneFpart of the national #overnment’s reha"ilitation pro#ram that aimed to relocate people away from areas deemed too ha!ardous for ha"itation$ 8ll of us want to "uild "ac' "etter$ If the President says this is a no-"uild !one, that should "e implemented "y the "uildin# official$ 0here should "e a relocation area for the people, Gordon said$ If not, it is inevita"le that they will come "ac'$ You 'now how resourceful Cilipinos are$ 0hey won’t wait for L#overnmentM to #ive them new GI sheets$ 0hey will find a way on their own, he said$ 8side from resettlement, livelihood should also "e provided "y the #overnment$ In 0aclo"an’s ha!ard-prone coast, the main source of income is fishin# and heads of households could not a"andon the area for fear that their "oats mi#ht "e stolen, Gordon said$ &o I’m su##estin# that they "e moved to an area that is really safe "ut not too far$ 0hen L#overnment shouldM "uy a truc' to ferry the fishermen Lfrom the relocation area to the coastM$ 8nd when a storm is comin#, the "oats will a#ain "e transported to the evacuation area, he said$ +mpty houses 8 facility such as a marina or pier secured "y the police or "aran#ay officials would also "e helpful$ 0here are many opportunities Lto helpM$ It %ust ta'es some #ettin# used to$ /nce they #et used to it, they will even do it on their own$ But if you don’t do anythin#, they will %ust #o "ac' and re"uild their homes Lin the dan#er !oneM, Gordon said$ He had seen this in Iloilo 2ity in the aftermath of 0yphoon Cran' in )une 344:, a powerful storm that caused widespread floodin# in the city$
I can say this "ecause I have seen this in areas in Iloilo that were hit "y 0yphoon Cran'$ 0here are resettlement houses that were "uilt there "ut they’re empty, "ecause they were supposed to "e for fishermen’s families who didn’t want to move, Gordon said$ 0his is not a criticism$ 0his is %ust the reality of the situation, he said$ Gordon led the ed 2ross in its relief, rescue and recovery activities across the Kisayas in the wa'e of the typhoon, lar#ely independent of the #overnment in terms of fundin#$ 2onclusion It would "e "est if a new law would "e enacted to clearly set forth the parameter of such no "uild or no dwellin# !one controversy, to clearly define and prescri"e the limit that would answer the ?uestion and erase the dou"ts of those affected therein, in order that it can "e properly implemented$ aws e@istin# are sufficientA the pro"lems "oils down on how the law is "ein# implemented "y the authorities and followed "y the citi!enry$ &u"%ect to %ust compensation the Government can ma'e use of its inherent power of eminent domain if they so desire after all they have "asis for such e@propriation$ 2ommunities livin# within the so declared no-"uild or no-dwellin# !one will "e primary "e affected, "ut since mostly comprise of fisher fol's, one way or another all we will "e affected surely the num"er of fisherman would decline since most pro"a"ly they would "e relocated in an isolated place$
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