REPUBLIC OF THE PHILIPPINES SANGGUNIANG ______________ OF _______________ MUNICIPALITY / CITY OF __________________ ORDINANCE NO.

____, SERIES OF ______ AN ORDINANCE ESTABLISHING THE FISHERFOLK SETTLEMENT CODE OF _______________ Introduced by:

WHEREAS, Article 13 Section 7 of the 1987 Constitution mandates the State to protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore; WHEREAS, Republic Act No. 8550, otherwise known as the Fisheries Act of 1998 declares the policy of the State to manage fishing and aquatic resources in a manner consistent with the concept of an integrated coastal area management in specific natural fishery management areas; WHEREAS, RA 7160, or the Local Government Code of 1991 empowers cities and municipalities to reclassify agricultural lands to non-agricultural uses and formulate their comprehensive land use plans; WHEREAS, RA 7279 or the Urban Development and Housing Act of 1992 mandates the various local government units to identify sites for socialized housing and their integration into the CLUP and zoning ordinances of their respective cities or municipalities; NOW THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG ___________ OF _________ IN SESSION ASSEMBLED: SECTION 1. Title. This Ordinance shall be known as the Fisherfolk Settlements Code of ______ SECTION 2. Scope. This Ordinance shall apply to available lands for housing near the fishing grounds and/or fish landing and market areas of municipal fisherfolk. Municipal fisherfolk shall have settlements priority over lands identified and zoned for residential purposes in consultation with the FARMC and fisherfolk organizations. SECTION 3. Policy. Securing land tenure for municipal fisherfolk through different modes shall be the primary strategy in providing tenurial rights for the underprivileged and landless municipal fisherfolk.
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SECTION 4. Definition of Terms. For purposes of this Ordinance, the terms or words and phrases used herein shall mean or be understood as follows: a. Coastal Zone - refers to a band of dry land and the adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses and vice versa. Its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds, and other soft-bottom areas. For purposes of initiating and implementing sustainable coastal resources protection and management, it shall include foreshore lands. b. Fisherfolk - refers to women and men directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources. c. Fisherfolk Cooperative - refers to a duly registered association of fisherfolk with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contribution to the capital requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with universally accepted cooperative principles. d. Fisherfolk Organization - refers to an organized group, association, federation, alliance or an institution of fisherfolk which has at least fifteen (15) members, a set of officers, constitution and by-laws, an organizational structure and a program of action. e. Fisherfolk Settlement Area or site - refers to certain areas of the public domain, within the coastal zone which are reserved for the settlement of the municipal fisherfolk pursuant to a site selection criteria and a rational and inclusive planned development framework. f. Municipal fisherfolk - refers to women and men who are directly or indirectly engaged in municipal fishing and other related fishing activities. g. Municipal Registry refers to the list of women and men fishers who are directly or indirectly engaged in municipal fishing and other related fishing activities h. Non-resident municipal fisherfolk refers to fisherfolk who are NOT listed in the municipal fisherfolk registry of the local government unit.

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i. Resident municipal fisherfolk refers to municipal fisherfolk who are listed in the municipal fisherfolk registry of the local government unit. j. Rural land/area - refers to one which is principally used for agricultural, fishing or timber exploitation and not for dwelling, industry or commerce. k. Small property owners - refers to those whose only real property consists of residential lands not exceeding three hundred square meters (300 sq.m.) in rural areas; l. Socialized housing - refers to housing programs and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and landless fisherfolk which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits; m. Underprivileged and landless fisherfolk - refers to the beneficiaries of this Ordinance and to individual fisherfolk or fisherfolk families residing in coastal municipalities or cities whose income or combined household income falls below the poverty threshold as defined by the National Economic and Development Authority and who do not own real property. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure; n. Unregistered or abandoned lands - refers to lands in coastal municipalities or cities which are not registered with the Register of Deeds, or with the city or municipal assessor's office concerned, OR which are uninhabited by the owner and have not been developed or devoted for any useful purpose, OR appears unutilized for a period of three (3) consecutive years immediately prior to the issuance and receipt of publication of notice of acquisition by the Government as provided under this ordinance. It does not include land which has been abandoned by reason of force majeure or any other fortuitous event: Provided, That prior to such event, such land was previously used for some useful or economic purpose. SECTION 5. Inventory of Lands. Within one (1) year from the effectivity of this Ordinance, the municipal government, through the Municipal Planning and Development Office, shall conduct an inventory of all kinds of lands and improvements thereon within the municipality. The inventory shall include the following: a. b. c. d. Residential lands; Government-owned lands, whether owned by the National Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or-controlled corporations and their subsidiaries; Unregistered or abandoned and idle lands; and Other lands. 3

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In conducting the inventory, the municipality, with the assistance of the appropriate government agencies,, shall indicate the type of land use and the degree of land utilization, and other data or information necessary to carry out the purposes of this Ordinance. For planning purposes, the municipality shall furnish the HUDCC a copy of its inventory which shall be updated every three (3) years. SECTION 6. Identification of Sites for Fisherfolk Settlement Area. After the inventory, the fisherfolk organizations shall identify possible sites and submit it to the FARMC for study, evaluation and recommendation to the local government units, to identify lands for fisherfolk settlement areas for the immediate and future needs of the municipal fisherfolk, taking into consideration the degree of availability of basic services and facilities, their accessibility and proximity to the fishing ground and other economic opportunities, and the actual number of registered beneficiaries. Government-owned lands which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Ordinance and identified as suitable for fisherfolk settlement areas, shall immediately be transferred to the municipality subject to the approval of the President of the Philippines, for proper disposition in accordance with this Ordinance. SECTION 7. Priorities in the Acquisition of Land. Lands for fisherfolk settlement areas shall be acquired in the following order: a. b. c. d. Those owned by the Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or -controlled corporations and their subsidiaries; Alienable lands of the public domain; Unregistered or abandoned and idle lands; and Privately-owned lands.

Where on-site development for fisherfolk settlement is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The municipal government shall give budgetary priority to on-site development of government lands. SECTION 8. Modes of Land Acquisition. The modes of acquiring lands for purposes of this Ordinance shall include, among others, community mortgage, land swapping, land assembly or consolidation, land banking, donation to the Government, joint-venture agreement, negotiated purchase, and expropriation: Provided, however, That expropriation shall be resorted to only when other modes of acquisition have been exhausted: Provided, further, That where expropriation is resorted to, parcels of land owned by
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small property owners shall be exempted for purposes of this Ordinance: Provided, finally, That abandoned property, as herein defined, shall be reverted and escheated to the State in a proceeding analogous to the procedure laid down in Rule 91 of the Rules of Court. For the purpose of fisherfolk settlement areas, government-owned and foreclosed properties shall be acquired by the municipal government, or by the HUDCC primary through negotiated purchase: Provided, that qualified beneficiaries who are actual occupants of the land shall be given the right of first refusal. SECTION 9. Disposition of Lands for Fisherfolk Settlement Areas. The municipal government shall coordinate with the HUDCC to formulate and make available various alternative schemes for the disposition of lands to the beneficiaries of the Program. These schemes shall not be limited to those involving transfer of ownership in fee simple but shall include lease, with option to purchase, usufruct or such other variations as the local government units or the HUDCC may deem most expedient in carrying out the purposes of this Ordinance. Consistent with this provision, a scheme for public rental housing may be adopted. Payment of amortization shall depend on the mode of land acquisition selected by the fisherfolk or as agreed upon by the local government and the women and men beneficiaries. SECTION 10. Limitations on the Disposition of Lands for Fisherfolk Settlement Areas. No land for fisherfolk settlement areas, including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered or leased by any beneficiary of this Program except to qualified Program beneficiaries as determined by the municipal government. Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his/her lot or any right thereon, the transaction shall be null and void. He/she shall also lose his/her right to the land, forfeit the total amortization paid thereon, and shall be barred from the benefits under this Ordinance for a period of ten (10) years from the date of violation. In the event the beneficiary dies before full ownership of the land is vested on him/her, transfer to his/her heirs shall take place only upon their assumption of his/her outstanding obligations. In case of failure by the heirs to assume such obligations, the land shall revert to the Government for disposition in accordance with this Ordinance. SECTION 11. Beneficiaries of the Fisherfolk Settlement Areas of the Local Government Units - To qualify for the program, a beneficiary: 1. Must be a Filipino citizen;
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2. A registered municipal fisherfolk with at least six (6) months of residency from the effectivity of this Ordinance; 3. Must be an underprivileged and landless fisherfolk as defined under Section 4 of this Ordinance; 4. Must not own any real property whether in the urban or rural areas at the time of the acquisition of land; 5. Must be a member of fisherfolk organization or cooperative. SECTION 12. Registration of Beneficiaries. All resident municipal fisherfolk are considered beneficiaries under this Ordinance. However, the municipal government, in coordination with the HUDCC, DA, FARMCs, fisherfolk organization/cooperative, including women in fisheries, shall have a continuing registration of possible beneficiaries from the effectivity of this Ordinance. SECTION 13. Participation of Beneficiaries. The municipal government, in coordination with the DA and concerned government agencies, shall afford Program beneficiaries, women and men, or their duly designated representatives an opportunity to be heard and to participate in the decision-making process over matters involving the protection and promotion of their legitimate collective interest which shall include appropriate documentation and feedback mechanisms. They shall also be encouraged to organize themselves and undertake self-help cooperative housing and other livelihood activities. They shall assist the municipal government in preventing the incursions of non-resident fisherfolk into their communities. In instances when the affected beneficiaries have failed to organized themselves or form an alliance within a reasonable period prior to the implementation of the program, consultation with the affected beneficiaries shall be conducted with the assistance of the DA and HUDCC and concerned non-government organizations in the municipality. To hasten the process of identification of fisherfolk settlement, the beneficiaries themselves with the help of the fisherfolk organizations and the municipal government shall propose the suitable sites for fisherfolk settlement. Once the areas have been identified, the beneficiaries through their fisherfolk organizations should submit their recommendations to the Municipal Planning and Development Office, to take care of all technical details and requirements. SECTION 14. Implementation. The Office of the Mayor shall oversee the implementation of this Ordinance. His/her Office shall be assisted by the head (or his/her duly appointed representative) of the Municipal Planning and Development Office, Municipal Assessors Office,
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Municipal Agriculture Office, Municipal FARMCs, at least four (4) women and men representatives from the fisherfolk organizations/cooperatives and at least two (2) members of the civil society organizations in the municipality SECTION 15. Funding. An amount of P_____ shall be appropriated for the initial activities of identification of sites suitable for fisherfolk settlement. Thereafter, the municipality shall include a regular budget to fund the activities envisioned in this Ordinance. SECTION 17. Resolution of Disputes. - Disagreements on the qualification or eligibility of an applicant/beneficiary shall be resolved at the Office of the Mayor with representatives from the municipal government, the municipal FARMC and the concerned fisherfolk organization. SECTION 18. Separability Clause. Should any provision of this Ordinance be declared invalid, the validity of the other provisions thereof shall be unaffected thereby. SECTION 20. Effectivity. This Ordinance shall take effect fifteen (15) days after its publication in two (2) provincial newspapers. Issued this ___ day of ________ 2007 at __________________, Philippines.

Sangguniang Bayan Secretary to SB Mayor

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