Planning Law Flashcards
“The State owns all natural resources and lands or waters in the public domain”
Provides overall tenor for environmental policies
Philippine Constitution 1987
“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.”
Philippine Constitution Article
XII, Section 6
“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.”
Philippine Constitution Article
XIII, Section 1
This article provides basic framework for the utilization, disposition, and development of lands and restrictions on use of lands I the public domain
Philippine Constitution 1987
Article XII
This land is the only land that can be alienated in the public domain
Agricultural lands
This is not just a soil, but includes the water below it, the air above it, the flora and fauna on it, the minerals in its rocks.
Land
Natural Characteristics of Land
Land as Space
Land as Environment, part of nature
This includes earth’s surface, beneath the surface space that people occupy above and about him
Land as Space
It is identified with natural setting
Land as Environment, part of nature
Economic Characteristics of Land
Land as Capital
Land as Resource, as factor of production
Land as Location/Site/Situation
Consumption Good
Cultural Characteristics of Land
Land as community
Land as physical flatform
Place
Land as spiritual attachment
This embodies the distinctive and distinguishing characteristics of human ‘community’, the human-scale transformation of locale
Place
It is a social and symbolic setting that has meaning and value for individuals
Place
It is imbued with subjective meanings and attachments, it is the context of identity
Place
Land is deeply intertwined with ___ and ___
Identity and Peoplehood
It is the rights of ownership and use
Property
Legal Characteristics of Land
Property
Acquire title to land
Including all things attached permanently to land
May be used as collateral for loans
Types of Land
Forest Land
Timberland
Mineral Land
Tribal or Ancestral Land
Grazing Land, Pasture land or Rangeland
Alienable and Disposable Land
Arable Land
Agricultural Land or Cropland
Marginal Land
Industrial Land
It is a land of public domain which has bee classified as such and declared for forestry purposes. It includes production and protection of forests and are not supposed to be titled.
Forest Land
It is a portion of forestland leased by the State to operators of commercial forestry production
Timberland
It is a portion of forestland which DENR, through the Mined and Geosciences Bureau, has positively confirmed as possessing rare mineral resources
Mineral Land
It is a portion of a forestland traditionally occupied by indigenous cultural communities and delineated using consultative processes and cultural mapping
Tribal or Ancestral Land
It is a portion of forestland which has been set aside for raising livestock because of suitable topography and vegetation
Grazing land, Pasture land, or Rangeland
It is a 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”
Alienable and Disposable Land
It is a 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
Arable Land
It is a land actually devoted to agricultural activity whether intensive regular cropping or temporary/irregular cropping.
Agricultural land or Crop land
It is a land not readily useful for either forestry, agriculture, or settlement,
such as riverwash, sandy strips, marshes, swamps, wasteland, abandoned mines, etc
Marginal Land
It is a 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).
Industrial Land
Basic Functions of a State
- Provision of public services
- Regulation and facilitation of the operations of market forces
- Arbitration of contending social groups
- Social Engineering
This changes structures, values, and behaviors towards desired goals
Social Engineering
Basic Roles of the State
Protective Role
Developmental Role
Facilitative Role
Regulatory Role
Redistributive Role
This role secures territorial boundaries against outside predatory forces and keeping the peace among the constitutive units of the state
Protective Role
This role coordinates national policies for both structural change and growth and undertaking projects of common benefit which exceed the ability of agropolitan districts
Developmental Role
This role is where the state, through its own resources, stands prepared to support agropolitan districts (and regions) in the realization of their own projects
Facilitative Role
This role maintains 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.
Regulatory Role
The state takes surplus resources from rich districts to equalize redevelopment possibilities in less favoured areas.
Redistributive Role
Four Great Powers of the State with Respect to Land
Police Power
Power of Taxation
Power of Eminent Domain
Escheat
This power is where the authority of the State regulates activities of private parties to protect collective interest of the people.
This includes the principle that compensation may not be paid for any loss of property value that regulations might impose
Police Power
This power is where the government impose taxes
Power of Taxation
This power is where the State has right to acquire any or all property or to take over private property when public need, public safety and public welfare so requires
Power of Eminent Domain
This power is where the property reverts to the State or is taken over by the State when no property rights exist
Escheat
It is how an individual or unit ‘holds’
property by virtue of rights –whether legallyexplicit or socially-assumed
Land Tenure
Types of Land Tenure
Private Property
Informal Tenure
Common Property
State Property
Open Access
It is a type of Land Tenure where individual or group has formal, legal or social sanction to exclude others.
Private Property
It is a type of Private Property where private ownership in perpetuity, unconditional rights to freely enjoy and to dispose of objects
Registered Freehold
It is a type of Private Property where-private ownership for a specified period of time
Leasehold
Tenancy, Group Tenure
Temporary Tenure
It is a type of Tenure where resulting from invasion or illegal means
Informal Tenure
Type of tenure–e.g. traditional or customary
ownership, customary rights (ICC), ancestral domain
Common Property
enjoy fruits of the land without gaining ownership
Usufruct
Type of tenure where land ownership and control rests in hands
of State
State Property
no property rights exist
Open Access
- land is like any other commodity that can be bought outright and owned absolutely
Fee simple
- property ownership is inherited only by a specific line of heirs
Fee tail
the State grants public land to universities and civic institutions for public purposes
Land Grant
land grant to pioneer settlers equivalent to the average size of home, farmhouse and outbuildings.
Homestead
unrestricted use and exchange of land – and entrenched the concept of absolute ownership of private property
Torrens Title System
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.
Indigenous cultural community
How many ethno-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.”
110
RA 8371 IPRA
Indigenous Peoples Rights Act
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.”
RA 7160 Local Government Code Sec. 15
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.”
RA 7160 Local Government Code,
Sec. 16. General Welfare Clause
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.”
RA 7160 Local Government Code
Sec. 2 (a)
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;”
RA 7160 Local Government Code
Sec. 3(i)
“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.”
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
RA 7160 Local Government
Code, Sec. 20 c
Policy guide for the
regulation of land uses
embracing the LGU’s
entire territorial
jurisdiction
CLUP
Multi-sectoral plan to
promote the general
welfare of the LGU.
CDP
Term-based component
of the CDP
ELA
Principal instrument for
implementing the CDP
and ELA and to some
extent, certain aspects of
the CLUP
LDIP
One year slice of the LDIP
AIP
Mining projects under the control of the LGUs are
Quarry
Sand and gravel
Guano
Gemstone
Urban Development and
Housing Act. Goals and Principles
RA 7279
Agriculture and
Fisheries Modernization Act
RA 8435
NPAAAD
Network of Protected Areas for Agricultural and Agro-Industrial Development
SAFDZ
Strategic Agricultural and Fisheries Development Zones
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
Food Security
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
Environmental Stability and Ecological Integrity
Encouraging the sustainable growth of cities and large towns while complementing the growth of rural areas by adopting alternative urban
development approaches
Rational Urban Development
Linking consumption and production areas to achieve physical and economic integration through appropriate infrastructure systems
Spatial Integration
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
Equitable access to physical and natural resources
Encouraging shared responsibility
between the government and the private sector in the development and management of the country’s physical resources
Private-public Sector Partnership
Establishing pragmatic, appropriate, flexible and dynamic structures or mechanisms that involve the participation of key stakeholders.
People Empowerment
Ensuring the indigenous people’s right todevelop, control and use lands within their ancestral domain
Recognition of the rights of indigenous people
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.”
Market Orientation
National Sanitation Code
PD 856
Creating Human Settlements Commission now HLURB
PD 933
regulates sale of subdivision lots and
condominiums
PD 957
National Building Code
PD 1096
Urban Land Reform Decree of 1976
PD 1517
expropriation of private property for socialized housing; just compensation required
PD 1224
prohibits eviction from declared Urban Land Reform Zone
PD 2016
Standards for Economic and Socialized Housing
BP 220
Comprehensive Agrarian Reform Law of 1988 –
Specifies lands to be covered by land reform and lands to
be retained by landowners
RA 6657
Urban Development and Housing Act of 1992
RA 7279
Comprehensive Integrated Shelter Finance Act
RA 7835
Revised Forestry Code of 1977
PD 705
Philippine Environmental Code
PD 1152
Indigenous People’s Rights Act of
1997, plus NCIP AO3, s.2003
RA 8371
rehabilitation of areas affected by
resource users (loggers, miners) and constructors
of infrastructures
PD 1198
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
PD 1899
People’s Small-scale Mining Act of
1991
RA 7076
Philippine Mining Act of 1995
RA 7942
Implementing Rules and Regulations
(DAO 29, s. 1996)
RA 7942
Fisheries Code (old)
PD 704
Philippine Fish Marketing Authority
PD 1977
amends PD 704 provisions on
commercial boat license and trawl fishing
PD 1015
exploration, utilization and
conservation of coral resources
PD 1219 & 1698
amending PD 1698 – permit to gather
coral for scientific and educational purpose
PD 1198
Fisheries Code of the Philippines (new)
RA 8550
