Planning

Law
 Body of Planning Law
 Philippine Constitution
 National Land Use Code (but non-existent)
 Republic Acts (land, land reform, urban
development, ancestral domain, air, water,
fisheries, protected areas, biodiversity, solid
waste, pollution)
 FVR’s National Physical Framework Plan, 1993-
2023 (30 years)
 National Framework for Physical Planning, 2001-
2030 (30 years)
 Medium-Term Philippine Development Plan (6
years)
 Regional Development Plans (5 years)
 Plan Documents of the LGUs – CLUPs, CDPs,
Zoning ordinances, etc.
ECOPOLIS_ENP 2009 PAGE 2
 Significant Laws Concerning the Practice of
Environmental Planning in the Philippines
Year Milestones
1976 PD 957: Subdivision / Condominium Buyer’s Protective Act
1977 PD 1152: Philippine Environment Code
1978 PD 1396: Creation of the Ministry of Human Settlements
PD 1308: Law Regulating the Practice of the Profession of Environmental Planning in Phils
1981 Proc 2146: Scope of EIS System – ECP & ECA
1982 BP 220: Standards for Economic and Socialized Housing
1986 National Shelter Program
1991 RA 7160: Local Government Code
1992 Philippine Agenda 21
RA 7586: National Integrated Protected Areas System Act
RA 7279: Urban Development and Housing Act
1993 EO 72: Preparation and Implementation of CLUP’s
1994 RA 7916: Special Economic Zone Act
1995 RA 7942 Philippine Mining Act
1997 RA 8371 Indigenous Peoples Rights Act
1997 RA 8435 Agriculture and Fisheries Modernization Act
1998 RA 8550 New Fisheries Code of the Philippines
1998 RA 8749: Clean Air Act
2001 RA 9003: Ecological Solid Waste Management Act
2004 RA 9275 Clean Water Act
ECOPOLIS_ENP 2009 PAGE 3
 Philippine Constitution 1987
 The State owns all natural resources and
lands or waters in the public domain,
 Only the State may alienate any of these
resources for private or individual use
 Principle of encompassing ownership of
resources by the State called the ‘Regalian
Doctrine’
 Local Government Units’ environmental
mandate

ECOPOLIS_ENP 2009 PAGE 4

 Philippine Constitution Article
XII, Section 6
 “The use of property bears a social
function, and all economic agents shall
contribute to the common good.
Individuals and private groups, including
corporations, cooperatives, and similar
collective organizations, shall have the
right to own, establish, and operate
economic enterprises, subject to the duty
of the State to promote distributive
justice and to intervene when the
common good so demands.”

ECOPOLIS_ENP 2009 PAGE 5

 Society

Social
Justice

Individuals Groups
Commutative Justice (Contractual)
Framework by Archbishop Antonio Ledesma, S.J. STD
ECOPOLIS_ENP 2009 PAGE 6
 Philippine Constitution 1987
 Provides overall tenor for environmental policies
 Affirms the duty of the State “to protect and
advance the right of people to a balance and
healthful ecology in accordance with the rhythm
and harmony of nature”
 Also limits this right
 The constitutional guarantees to the right of life,
liberty and property are not absolute. Weighed
against a greater public interest, these rights
have to yield to reasonable regulations

ECOPOLIS_ENP 2009 PAGE 7

 Philippine Constitution 1987
 “ The State .. may adopt measures to
protect the health, welfare, safety, etc. of
the community.”
 The Government must:
◼ Ensure the right to a healthy environment of
every Filipino now living or yet to be born
◼ Protect physical well-being of forests, mineral
deposits, waters and lands
◼ Ensure equitable resource use and access
◼ Accord preferential opportunity to small
resource users and indigenous peoples

ECOPOLIS_ENP 2009 PAGE 8

Philippine Constitution Article XIII,
Section 1
 “The Congress shall give highest priority to
the enactment of measures that protect
and enhance the right of all the people to
human dignity, reduce social, economic,
and political inequalities, and remove
cultural inequities by equitably diffusing
wealth and political power for the common
good.”
 “To this end, the State shall regulate the
acquisition, ownership, use, and disposition
of property and its increments.”

ECOPOLIS_ENP 2009 PAGE 9

 Philippine Constitution 1987
Article XII
 provides basic framework for the utilization,
disposition and development of lands and
restrictions on use of lands I the public domain.
 Only agricultural lands in the public domain may
be alienated; leasing these lands subject to
limitations in area, lease period, renewal period,
personality of lessee. (individuals, corporation,
associations)
 Congress determines the area of public lands that
may be alienated by the State considering
requirements “of conservation ecology and
agrarian reform”
 Congress sets specific limits of forest lands and
national parks; adopts measures against logging
in endangered forests and watersheds

ECOPOLIS_ENP 2009 PAGE 10

 Philippine Constitution 1987
 Exploitation of natural resources by way
of
◼ Direct exploitation by the State
◼ Indirect exploitation by the State by way of
either joint venture, production sharing or co-
production with Filipinos
◼ Small-scale exploitation that may be allowed
by Congress
◼ Financial or technical assistance agreements
(FTAAs) with foreigners

ECOPOLIS_ENP 2009 PAGE 11

 What is Land?

Land is not just soil, but

includes the water below
it, the air above it, the
flora and fauna on it, the
minerals in its rocks.

ECOPOLIS_ENP 2009 PAGE 12

 Natural Characteristics of Land
LAND AS SPACE – land as space includes earth’s
surface, beneath the surface space that people
occupy above and about him
◼ Indestructible
◼ Immobile/Fixed in location
LAND AS ENVIRONMENT, PART OF NATURE –
identified with natural setting. Air, sunlight, rain,
climate, soil, topography, geology
❖ Finite
❖ Non-Homogeneous, diverse geographic features
❖ Relatively Irreversible Change

ECOPOLIS_ENP 2009 PAGE 13

Economic Characteristics of Land
LAND AS CAPITAL – land must be purchased or leased like other
capital goods.
◼ Fixed form of investment
LAND AS RESOURCE, AS FACTOR OF PRODUCTION – nature-
given source of food, elements, minerals, materials, energy,
water.
◼ Land is Scarce
◼ Is Subject to capacity and marginal efficiency
◼ Extent of modification is the cost of producing land
LAND AS LOCATION / SITE / SITUATION
◼ Economic value and economic use of land are largely determined by
its location
◼ “Situation” is the uniqueness of location with respect to access,
markets, amenities, etc.
◼ Land as site has unique situational endowments (a material setting
that is located somewhere)
CONSUMPTION GOOD –
◼ land can be used for pleasure, leisure, recreation,
◼ as gentleman’s farm, adventure venue, secluded getaway,
retirement haven, etc.
ECOPOLIS_ENP 2009 PAGE 14
 Cultural Characteristics of Land
 Land as community (territoriality)
 Land as physical flatform becomes
social-cultural reality of “Place”
 “Place” embodies the distinctive and
distinguishing characteristics of human
‘community,’ the human-scale
transformation of locale.
 ‘Place’ is a social and symbolic setting
that has meaning and value for
individuals.
 ‘Place’ is imbued with subjective
meanings and attachments, it is the
context of ‘identity’.
 Land as spiritual attachment. Land is
deeply intertwined with ‘Identity’ and
‘Peoplehood’

ECOPOLIS_ENP 2009 PAGE 15

Legal Characteristics of Land
 PROPERTY – rights of ownership and
use. Rights also entail responsibilities
 Acquire title to land (public and private)
 Including all things attached
permanently to land (bldg. etc.)
 May be used as collateral for loans

ECOPOLIS_ENP 2009 PAGE 16

 Types of Land
FOREST LAND – land of the public domain which has been classified as such and declared
for forestry purposes. Forestland includes production and protection forests and are not
supposed to be titled.
TIMBERLAND – portion of forestland leased by the State to operators of commercial forestry
production
MINERAL LAND – portion of forestland which DENR, through the Mines and Geosciences
Bureau, has positively confirmed as possessing rare mineral resources.
TRIBAL OR ANCESTRAL LAND – portion of forestland traditionally occupied by indigenous
cultural communities and delineated using consultative processes and cultural mapping.
GRAZING LAND, PASTURELAND, OR RANGELAND – portion of forestland which has been set
aside for raising livestock because of suitable topography and vegetation
ALIENABLE and DISPOSABLE LAND – land classified as not needed for forest purposes and
hence severed from the public domain and available for disposition under
Commonwealth Act 141 as amended by the Public Lands Act, which says that “No land
18% or over in slope shall be classified as A & D nor can be titled”
ARABLE LAND – land which is deemed theoretically suitable to agriculture, fisheries and
livestock based on FAO standards including potentially cultivable land whether there is
actual cultivation or not
AGRICULTURAL LAND OR CROPLAND – land actually devoted to agricultural activity whether
intensive regular cropping or temporary/irregular cropping.
MARGINAL LAND – land not readily useful for either forestry, agriculture, or settlement,
such as riverwash, sandy strips, marshes, swamps, wasteland, abandoned mines, etc.
INDUSTRIAL LAND -- portion of relatively flat A&D land which is devoted to manufacturing,
processing of primary products, construction, storage and warehousing, and distribution,
involving at least 10 persons (it has to be above micro-scale).
ECOPOLIS_ENP 2009 PAGE 17
 Roles and Functions of the State
Basic Functions of the State (Ernesto M. Serote)
 Provision of public services
 Regulation and facilitation of the operations of market forces
 Arbitration of contending social groups (e.g., capital and labor, landlord and
tenant)
 Social Engineering – changing structures, values and behaviors towards
desired goals
Basic Roles of the State (John Friedmann)
 Protective Role. Securing territorial boundaries against outside predatory
forces and keeping the peace among the constitutive units of the state;
 Developmental Role. Coordinating national policies for both structural
change and growth and undertaking projects of common benefit which
exceed the ability of agropolitan districts;
 Facilitative Role. The state, through its own resources, stands prepared to
support agropolitan districts (and regions) in the realization of their own
projects
 Regulatory Role. Maintain those critical balances within the system of social
relationships that will permit both change and growth to occur without
excessive disruption of the system as a whole.
 Redistributive Role. The state takes surplus resources from rich districts to
equalize redevelopment possibilities in less favoured areas.

ECOPOLIS_ENP 2009 PAGE 18

Four Great Powers of the State
with Respect to Land
 Police Power
◼ Authority of the State to regulate activities of private CLUP / ZONING
parties to protect the collective interest of the people –
health, safety, public welfare
◼ Includes the principle that compensation may not be
paid for any loss of property value that regulations
might impose
 Power of Taxation REAL ESTATE TAXES
◼ Government has the right to impose taxes
 Power of Eminent Domain
◼ the State has right to acquire any or all property or to LEGAL
take over private property when public need, public EXPROPRIATION
safety and public welfare so requires
◼ But only after due process of law and after offer of
payment of just compensation. CONDEMNATION
◼ State Control over private property may at times
involve imposition of uncompensated losses on CONFISCATION
property owners.
 Escheat -- property reverts to the State or is taken over
by the State when no property rights exist
◼ When person is deceased and there are no legal heirs
FORFEITURE
◼ When private owner is outlawed

ECOPOLIS_ENP 2009 PAGE 19

 What is
Land
Tenure?
ECOPOLIS_ENP 2009 PAGE 20
 Land Tenure: how an individual or unit ‘holds’
property by virtue of rights –whether legally-
explicit or socially-assumed
Types of Land Tenure
 Private Property - individual or group has formal, legal or
social sanction to exclude others.
◼ Registered Freehold – private ownership in perpetuity,
unconditional rights to freely enjoy and to dispose of objects
◼ Leasehold --private ownership for a specified period of time
◼ Temporary Tenure: Tenancy, Group Tenure
 Informal Tenure: resulting from invasion or illegal means
• Adverse Possession
• Tolerated Occupancy without legal basis
 Common Property – e.g. traditional or customary
ownership, customary rights (ICC), ancestral domain
◼ ‘Usufruct’: enjoy fruits of the land without gaining ownership
 State Property - land ownership and control rests in hands
of State
 Open Access - no property rights exist

ECOPOLIS_ENP 2009 PAGE 21

 Formal & informal rights to Land

ECOPOLIS_ENP 2009 PAGE 22

 Land Tenure in the Philippines

 Influenced by continental European concepts: Roman Law

and Napoleonic Code or French Civil Code of 1804-08.
◼ Fee simple -- land is like any other commodity that can be
bought outright and owned absolutely
◼ Fee tail -- property ownership is inherited only by a specific
line of heirs
◼ Land Grant – the State grants public land to universities and
civic institutions for public purposes
◼ Homestead – land grant to pioneer settlers equivalent to the
average size of home, farmhouse and outbuildings.
 Americans introduced the Torrens Title System --
unrestricted use and exchange of land – and entrenched
the concept of absolute ownership of private property

ECOPOLIS_ENP 2009 PAGE 23

 Indigenous Land Regime of
Aboriginal Peoples
 Wealth was based on movable objects like gold jewelry, precious
metals, or prized articles, not on real estate.
 Land belonged to whole social group not to the individual. Land
was considered a social resource. Arable land, forest land, and
water resources were communal resources.
 Land was sacred and had to held in stewardship by datu or elders
who determined allocation, use, transfer of land rights through
some form of token payment (i.e. grains or livestock) as a sign of
agreement.
 Land had no economic value in itself. Human labor on the land is
what created value. Hence, the concept of “use-rights”. “Use-
rights” were alienable.
◼ Lands were held in usufruct (to use)
◼ “Usufruct” – The right to use property and to enjoy its fruits or profits
without wasting its intrinsic value and without change of juridical
ownership. Land remains owned by the datu in the name of the
community.
◼ Use-rights could be passed from individual to individual
 Each household has “birth-rights” to subsistence opportunity.
“Swidden rights” gave the tiller right to the crops but not to the land

ECOPOLIS_ENP 2009 PAGE 24

 Lands and How they are Managed

ECOPOLIS_ENP 2009 PAGE 25

 Indigenous People
 An “Indigenous cultural community”
is a group of people sharing common
bonds of language, customs,
traditions and other distinctive
cultural traits, and who have, since
time immemorial, occupied,
possessed, and utilized a specific
territory.

ECOPOLIS_ENP 2009 PAGE 26

Indigenous Peoples

Indigenous Peoples (IPs) belong to 110

enthno-linguistic groups that "have
continuously lived as organized communities
in defined territories (or ancestral domains)
since time immemorial, and who have
retained some or all of their own social,
economic, cultural and political institutions."
They comprise about 17 percent of the
Philippines’ total population.

Certificates of Ancestral Pending

Awarded: 181
Domain Claim (CADCs)
Area:
Area: 2.531 million
2.5 million
hectares
has.
Certificates of Ancestral Awarded: 146
Land Claim (CALCs)
Area: 10,095 has.
ECOPOLIS_ENP 2009 PAGE 27
RA 8371 IPRA - Indigenous
Peoples Rights Act
 right to ownership
 right to develop land and
natural resources
 right to stay in
territories
 right to be resettled in
case of displacement
 right to safe and clean
air and water
 right to claim parts of
reservations
 right to resolve conflicts

ECOPOLIS_ENP 2009 PAGE 28

Planning of Ancestral Land
 ‘Cultural Integration’ or mainstreaming
by PANAMIN during Pres. Ferdinand
Marcos’ time – has been discredited
◼ education, scholarships
◼ tourism
◼ Resettlement into new areas
 New Participatory Approaches
◼ Protection Plan for Ancestral Domains against
illegal mining, logging, and settlement
◼ Enhancement of Cultural Heritage of
Indigenous Peoples: Arts and Crafts
◼ Cultural Mapping
◼ Community-Based Reforestation and Agro-
Forestry
◼ CIDSS-KALAHI
 Delivery of Basic Services such as Utilities,
Health Care, Educational Assistance, Livelihood
Support
◼ Disaster Risk Reduction in Geohazardous
Areas.
 Goals
◼ Improved sustainable resource use
◼ Improved watershed conservation
◼ Improved environmental protection
◼ Improved appreciation of indigenous culture
ECOPOLIS_ENP 2009 PAGE 29
 RA 7160 Local Government Code
Sec. 15
Political and Corporate Nature of LGUs.
“Every LGU is a body politic & corporate
endowed with powers to be exercised by it
in conformity with law. As such, it shall
exercise powers as a political subdivision
of the National Government and as a
corporate entity representing the
inhabitants of its territory.”

ECOPOLIS_ENP 2009 PAGE 30

RA 7160 Local Government Code,
Sec. 16. General Welfare Clause
 “Section 16. General Welfare. - Every local government unit
shall exercise the powers expressly granted, those necessarily
implied there from, as well as powers necessary, appropriate,
or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other
things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among
their residents, maintain peace and order, and preserve the
comfort and convenience of their inhabitants.”

ECOPOLIS_ENP 2009 PAGE 31

 RA 7160 Local Government Code
Sec. 2 (a)
Declaration of Policy.
“The State that the territorial & political
subdivisions of the State shall enjoy
genuine & meaningful local autonomy to
enable them to attain their fullest
development as self-reliant communities &
make them more effective partners in the
attainment of national goals.”

ECOPOLIS_ENP 2009 PAGE 32

 RA 7160 Local Government Code
Sec. 3(i)
 LGU to manage the entire territory
on behalf of the National State.
 “Local government units shall share
with the National Government the
responsibility in the management
and maintenance of ecological
balance within their territorial
jurisdiction, subject to the provisions
of this Code and national policies;”

ECOPOLIS_ENP 2009 PAGE 33

 National-Local Government Co-Management of
the Environment and Natural Resources

ECOPOLIS_ENP 2009 PAGE 34

RA 7160 Local Government Code,
Sec. 20 c
 “The local government units shall, in conformity
with existing laws, continue to prepare their
respective comprehensive land use plans enacted
through zoning ordinances which shall be the
primary and dominant bases for the future use of
land resources: Provided, That the requirements
for food production, human settlements, and
industrial expansion shall be taken into
consideration in the preparation of such plans.”

ECOPOLIS_ENP 2009 PAGE 35

RA 7160 Local Government
Code, Sec. 20 c
 Sec. 20, Reclassification of Lands. LGC
authorizes the city or municipality through a
Sanggunian ordinance to reclassify agricultural
lands and provide for the manner of their utilization
in the following cases: (1) when the land ceases to
be economically feasible and sound for agricultural
purposes as determined by the Department of
Agriculture or (2) where the land shall have
substantially greater economic value for residential,
commercial, or industrial purposes, as determined
by the Sanggunian concerned.

ECOPOLIS_ENP 2009 PAGE 36

 RA 7160 Local Government Code
secs. 447, 458, 468
o Sec 447 a-2-VII – The Sangguniang Bayan shall
enact comprehensive land use plans and zoning
ordinances xxx subject to existing laws.
o Sec. 458(a)(2)(IX-X)– The Sangguniang
Panlungsod shall enact comprehensive land use
plans and zoning ordinances xxx subject to
existing laws.
o Section 468(a)(2)(VII) – The Sangguniang
Panlalawigan shall review the comprehensive
land use plans and zoning ordinances of
component cities and municipalities and adopt a
provincial land use plan subject to existing laws.
ECOPOLIS_ENP 2009 PAGE 37
RA 7160 Local Government Code,
Sec. 106.
 “Section 106. Local Development Councils. - (a)
Each local government unit shall have a
comprehensive multi-sectoral development plan to
be initiated by its development council and
approved by its Sanggunian. For this purpose, the
development council at the provincial city,
municipal, or Barangay level, shall assist the
corresponding Sanggunian in setting the direction
of economic and social development, and
coordinating development efforts within its
territorial jurisdiction.”

ECOPOLIS_ENP 2009 PAGE 38

Planning Mandates and Implementing Mechanisms
Time- Legal Basis
Plans Definition Main Contents frame
CLUP Policy guide for the Policies on settlements, protected 10-15 Sec. 447,
regulation of land uses areas, production areas, and years 458, 468 of
embracing the LGU’s infrastructure LGC
entire territorial
jurisdiction
CDP Multi-sectoral plan to Sectoral goals, objectives, 6 years Sec 476b
promote the general strategies, programs, projects and (1) and (5),
welfare of the LGU. legislative measures Sec 106 to
109 of the
LGC
ELA Term-based component Sectoral goals, objectives, 3 years Sec. 444,
of the CDP strategies, prioritized programs 455, and
and projects, prioritized legislative 465
measures
LDIP Principal instrument for Prioritized PPAs and program for 3 years Sec. 305
implementing the CDP planned financing
and ELA and to some
extent, certain aspects of
the CLUP
AIP One year slice of the LDIP Prioritized PPAs proposed for 1 year Sec. 305
inclusion in the annual local 444, 455,
budget. 465

ECOPOLIS_ENP 2009 PAGE 39

 RA 7160 Local Government Code

 Mining projects under the control of the

LGUs are:
- Quarry
- Sand and gravel
- Guano
- Gemstone; project size is not more than
5 hectares

ECOPOLIS_ENP 2009 PAGE 40

 RA 7160 Local Government Code
 Obliges all government or government-owned or
controlled corporations involved in the planning,
implementation of projects that may cause
pollution or depletion of non-renewable
resources, loss of forest cover, and extinction of
animal or plant species, to consult with the LGUs,
NGOs and other sectors concerned.
 Consultations to include duty to explain
- The goals of the project
- Impact upon the people and community in
terms of environmental balance
- The measures that will be undertaken to
prevent or minimize its adverse effects

ECOPOLIS_ENP 2009 PAGE 41

 RA 7279 Urban Development and
Housing Act. Goals and Principles.
• “policy of the State to undertake, in cooperation with the private sector, a
comprehensive and continuing urban development and housing program aimed to
provide housing through rational use of the land and adopt policies to regulate urban
growth.
• “Uplift the conditions of the underprivileged and homeless citizens in urban areas and in
resettlement areas by making available to them decent housing at affordable cost, basic
services, and employment opportunities;
• “Provide for the rational use and development of urban land in order to bring about the
following:
• Equitable utilization of residential lands in urban and urbanizable areas with particular
attention to the needs and requirements of the underprivileged and homeless citizens
and not merely on the basis of market forces;
• Optimization of the use and productivity of land and urban resources;
• Development of urban areas conducive to commercial and industrial activities which can
generate more economic opportunities for the people;
• Reduction in urban dysfunctions, particularly those that adversely affect public health,
safety and ecology; and
• Adopt workable policies to regulate and direct urban growth and expansion
towards a dispersed urban net and more balanced urban-rural interdependence;
• Provide for an equitable land tenure system that shall guarantee security of tenure
to Program beneficiaries but shall respect the rights of small property owners and
ensure the payment of just compensation;
• Encourage more effective people’s participation in the urban development process;
and
• Improve the capability of local government units in undertaking urban development and
housing2009
ECOPOLIS_ENP programs
PAGE 42 and projects.
 RA 7279 UDHA –
implementation issues
 Land assembly or landbanking by LGUs was a laudable
UDHA solution but requires more effective coordination
between national and local governments.
 “Balanced socialized housing program (BSHP)” required
developers of subdivision projects to develop an area for
socialized housing equivalent to at least (20%) of the total
subdivision area, or total subdivision cost, at the option of
the developer, within the same city or municipality.
 20% requirement was seen as a major dis-incentive to
developers of open market and high-income housing (who
could have just bought government bonds instead) but
requirement should have been strengthened for developers
utilizing government funds.
 UDHA requirements for the development of comprehensive
housing such as promotion of indigenous housing materials
and new technologies, transport systems, ecological
balance, population analysis, urban-rural interdependence,
had no implementing rules (IRR).

ECOPOLIS_ENP 2009 PAGE 43

 RA 7279 UDHA –
implementation issues
 Subsidies to the informal settlers tended to have the reverse effect of
attracting more informal settlers
 Moratorium on squatter eviction only emboldened slum syndicates and
abetted more squatting.
 Bias for inner city relocation and on-site slum upgrading rather than off-
city resettlement meant costly inefficient use of urban land.
 Neglect of the human capital and skills of informal settlers and poor
households did not help them to be competitive in the globalizing city, did
not facilitate their functional integration into the urban economy.
 Without population management, Increase of informal settlers in inner city
puts downward pressure on real urban wages, since urban economies
cannot generate as much employment to address labor surplus.
 Urban LGU resources are almost wholly spent on remedial or curative
services such as solid waste and traffic management, only insignificant
amounts go to pro-active, preventive and future oriented development
spending.
 Lack of forward-looking projects on infrastructure, utilities and social
services lowers livability and overall “quality of life” in cities, thus
undermining attractiveness to investors and economic competitiveness of
cities.
 National agencies remained highly bureaucratic and slow in housing
provision.

ECOPOLIS_ENP 2009 PAGE 44

 RA 7279 UDHA Sec. 5 and 7
Sec. 5. “LGUs shall continue to prepare land
use plans (which must include sites
suitable for socialized housing), subject to
review and rationalization. HLURB, under
direction of HUDCC, shall prepare
National Urban Development and Housing
Framework.
Sec. 39 also mandates the formulation of
development plans by LGUs for more
rational and balanced development of
settlements, residential areas, and
socialized housing.
ECOPOLIS_ENP 2009 PAGE 45
RA 8435 Agriculture and
Fisheries Modernization Act
• Measures to modernize the agriculture and fisheries
sector to enhance their profitability, prepare for
globalization challenges
• Agriculture and Fisheries Modernization Plan (AFMP)
- Food Security
- Poverty Alleviation and social equity
- Income enhancement and profitability
- Global competitiveness
- Sustainability
• Penalty for Agricultural Inactivity and Premature
Conversion
- imprisonment of 2 to 6 years
- fine equivalent to 100% of government’s investment cost
- forfeiture (escheat) of land and any improvements
• Adequate focus and rational delivery of necessary
support services
• Funds appropriation
ECOPOLIS_ENP 2009 PAGE 46
RA 8435 Agriculture and
Fisheries Modernization Act
• Network of Protected Areas for Agricultural and
Agro-Industrial Development (NPAAAD)
• All irrigated areas
• All irrigated land already covered by irrigation projects and
firm funding commitments
• Agro industrial crops that support the viability of existing
agricultural infrastructure and agro- based enterprises
• lands with existing or potential for growing high-value
crops
• Highland or areas located in an elevation of 500 meters or
above potential for growing semi-temperate and high-
value crops
• All agricultural lands that are ecologically fragile,
mangrove areas and fish sanctuaries
• All fishery areas as defined in the Fisheries Code of 1998
• Based on sound resource accounting
• No conversion within 5 years of AFMA effectivity (1999)
ECOPOLIS_ENP 2009 PAGE 47
RA 8435 Agriculture and
Fisheries Modernization Act
• Strategic Agricultural and Fisheries Development
Zones (SAFDZ) Sec. 4. Cities and municipalities shall
prepare or update their respective CLUPs (to include
Strategic Agricultural and Fisheries Development Zones )
within one year from date of effectivity of this Act (1999).
• Intensive agricultural production in strategic central areas
where farming is harmonized with processing, rural
manufacturing, and trading.
• Delineation of SAFDZs follows Multi-stakeholder
consultation: DAR, DTI, DENR. DOST, LGUs, organized
farmers and fisher folks, private sector, communities
• Without prejudice to development of identified economic
zones and free ports
• Also meant to protect Watershed Areas
• Protect sources of water for existing and potential irrigable
areas and recharge area of major aquifers.

ECOPOLIS_ENP 2009 PAGE 48

 Executive Order No. 648 (Reorganizing the
Human Settlements Regulatory
Commission)

❑ Section 5 (a) HLURB is mandated to

promulgate land use planning and zoning
standards and guidelines for the guidance and
possible consideration of local governments;
provided that the classification of forest lands
by DNR is respected.
❑ Section 5 (b) – HLURB is mandated to review,
evaluate and approve or disapprove the
Comprehensive Land Use Development Plans
and Zoning Ordinances of local governments,
provided that the classification of forest lands
by DNR is respected

ECOPOLIS_ENP 2009 PAGE 49

 Principles of Planning, National Framework for
Physical Planning, 2001-2030
The principles of physical planning in the Republic of the Philippines are contained in the
National Framework for Physical Planning, 2001-2030, to wit:
 “FOOD SECURITY. Utilizing the country’s land and water resources in a manner that
provides sufficient and affordable food products to all Filipinos of the present and future
generations through local production and/or importation;
 “ENVIRONMENTAL STABILITY AND ECOLOGICAL INTEGRITY. Achieving
environmental stability through the observance of appropriate standards, and ensuring
ecological integrity through effective natural resource management and balancing the
demand of land-using activities vis-à-vis preservation of ecosystems;
 “RATIONAL URBAN DEVELOPMENT. Encouraging the sustainable growth of cities and
large towns while complementing the growth of rural areas by adopting alternative urban
development approaches;
 “SPATIAL INTEGRATION. Linking consumption and production areas to achieve
physical and economic integration through appropriate infrastructure systems;
 “EQUITABLE ACCESS TO PHYSICAL AND NATURAL RESOURCES. Ensuring equitable
access to resources through a just distribution of the country’s resources and by
providing equal opportunities to all Filipinos in the use and acquisition of land and other
resources;
 “PRIVATE-PUBLIC SECTOR PARTNERSHIP. Encouraging shared responsibility
between the government and the private sector in the development and management of
the country’s physical resources;
 “PEOPLE EMPOWERMENT. Establishing pragmatic, appropriate, flexible and dynamic
structures or mechanisms that involve the participation of key stakeholders.
 “RECOGNITION OF THE RIGHTS OF INDIGENOUS PEOPLE. Ensuring the indigenous
people’s right todevelop, control and use lands within their ancestral domain; and
 “MARKET ORIENTATION. Adopting the interplay of market forces within the framework
of ecological and intergenerational factors as a basic parameter in the allocation and use
of land and physical resources.”
ECOPOLIS_ENP 2009 PAGE 50
 Legal Bases of Land Use Planning
 RA 7160 Local Government Code (LGC)
◼ CLUP: Sections 3 (e), (f), (g), (i), Chapter I, Title I,
Book I; Sections 447, 458, 468
◼ CDP: Sections 2 (a), (c), Chapter I, Title I, Book I; 476
(b) (1-5), Sections 106, 109 (a) (1 – 3), and 114, Title
VI, Book I
◼ Section 305 (h), (i), (j), (k), Chapter I, Title V, Book II
◼ Article 410, IRR of the 1991 LGC
 RA 7279 UDHA, Sections 5, 7, 39
 RA 8435 AFMA, Sec. 4.
 PD 933
 EO 648, s. 1981 as amended by EO 90, s. 1986

ECOPOLIS_ENP 2009 PAGE 51

 Legal Bases of Land Use Planning
Formulation
 The formulation of the CLUPs and CDPs falls under the mandate of the Local Government Code of
1991.
 RA 7160 or Local Government Code of 1991 mandates that each LGU to have a Local Development
Council which shall initiate a comprehensive multi-sectoral development plan to be initiated by its
development council (the local executive body).
 RA 7160 Section 20, Reclassification of Lands authorizes the city or municipality through a Sanggunian
ordinance to reclassify agricultural lands and provide for the manner of their utilization in the following
cases: (1) when the land ceases to be economically feasible and sound for agricultural purposes as
determined by the Department of Agriculture or (2) where the land shall have substantially greater
economic value for residential, commercial, or industrial purposes, as determined by the Sanggunian
concerned.
 RA 7160 Sec. 458 (a)(2)(IX) and (a)(2)(X) likewise directs each LGU Sanggunian to adopt a
comprehensive land use plan.
 R.A. 7279, UDHA, Section 39 also mandates the formulation of development plans by LGUs for more
rational and balanced development of settlements, residential areas, and socialized housing.
Evaluation / Approval
 PD 933 and EO 648, s. 1981, as amended by EO 90, s. 1986 – empower the Housing and Land Use
Regulatory Board (HLURB) to review evaluate, and approve or disapprove land use plans of cities and
municipalities.
 EO 72, March 25, 1993 – delineates the power and responsibilities of the LGUs and the HLURB in the
preparation and implementation of comprehensive land use plans under a decentralized framework of
local governance.
Monitoring
 DILG MC No. 92- 41 dated July 6, 1992 mandates LGUs to prepare, as a minimum requirement, their
annual investment programs.
 HLURB monitors the implementation of CLUPs.
 NEDA and other national line agencies play supporting roles.

ECOPOLIS_ENP 2009 PAGE 52

Legal Bases of EIA
▪ PD 1151 Philippine Environmental Policy, 1977
▪ PD 1152 The Philippine Environmental Code, 1977
▪ PD 1586 The Philippine Environmental Impact Statement
(EIS) System,1978
▪ E.O. 192 DENR, 1986
▪ E.O. 292 Administrative Code, 1987
▪ DAO 92-21 Implementation of EIS, 1992
▪ E.O. 291, s. 1996 Continuous Strengthening of EIA
Capability of DENR, 1996
▪ DAO 96-37 Strengthening of EIS, 1996
▪ RA 8749 Philippine Clean Air Act, 1999
▪ AO 42, s.2002 Rationalizing the Implementation of Philippine
EIS
▪ DAO 2003-30 IRR for the EIS, 2003
▪ RA 9275 – Clean Water Act of 2004

ECOPOLIS_ENP 2009 PAGE 53

 Laws on Housing & Settlements
 PD 856 – National Sanitation Code
 PD 933 – Creating Human Settlements Commission now
HLURB
 PD 957 – regulates sale of subdivision lots and
condominiums
 PD 1096 – National Building Code
 PD 1517 – Urban Land Reform Decree of 1976
 PD 1224 – expropriation of private property for socialized
housing; just compensation required
 PD 2016 – prohibits eviction from declared Urban Land
Reform Zone
 BP 220: Standards for Economic and Socialized Housing
 RA 6657 -- Comprehensive Agrarian Reform Law of 1988 --
Specifies lands to be covered by land reform and lands to
be retained by landowners
 RA 7279 – Urban Development and Housing Act of 1992
 RA 7835 – Comprehensive Integrated Shelter Finance Act

ECOPOLIS_ENP 2009 PAGE 54

 Laws on Forestry
 PD 705 – Revised Forestry Code of 1977
◼ regulates access to and use of forest lands
◼ Multiple use of forest lands for national development and
public welfare
◼ Land classification and survey to delineate forest lands
◼ Encourage wood processing plants
◼ Emphasis on protection, development and rehabilitation
of forest lands
 PD 1152 – Philippine Environmental Code
◼ Rational exploitation of forest resources
◼ Encourage citizen participation
◼ Keep the forest resources at maximum productivity all
times
▪ RA 8371 – Indigenous People’s Rights Act of
1997, plus NCIP AO3, s.2003

ECOPOLIS_ENP 2009 PAGE 55

 Laws on Mineral Resources
 PD 1198 – rehabilitation of areas affected by
resource users (loggers, miners) and constructors
of infrastructures
 PD 1899 -- Small-scale Mining -- Recognizes the
efforts of miners digging small mineral deposits
that are being or could be worked profitably at
small tonnages requiring minimal capital
investments utilizing manual labor
 RA 7076 -- People’s Small-scale Mining Act of
1991
 RA 7942 -- Philippine Mining Act of 1995
 RA 7942 -- Implementing Rules and Regulations
(DAO 29, s. 1996)

ECOPOLIS_ENP 2009 PAGE 56

 Laws on Fisheries
 PD 704 – Fisheries Code (old)
 PD 1977 – Philippine Fish Marketing Authority
 PD 1015 – amends PD 704 provisions on
commercial boat license and trawl fishing
 PD 1219 & 1698 – exploration, utilization and
conservation of coral resources
 PD 1198 amending PD 1698 – permit to gather
coral for scientific and educational purpose
 RA 8550 – Fisheries Code of the Philippines (new)

ECOPOLIS_ENP 2009 PAGE 57

 THANK YOU!

ECOPOLIS_ENP 2009 PAGE 58