Planning Law Flashcards

1
Q

“The State owns all natural resources and lands or waters in the public domain”

Provides overall tenor for environmental policies

A

Philippine Constitution 1987

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2
Q

“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.”

A

Philippine Constitution Article
XII, Section 6

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3
Q

“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.”

A

Philippine Constitution Article
XIII, Section 1

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4
Q

This article provides basic framework for the utilization, disposition, and development of lands and restrictions on use of lands I the public domain

A

Philippine Constitution 1987
Article XII

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5
Q

This land is the only land that can be alienated in the public domain

A

Agricultural lands

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6
Q

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.

A

Land

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7
Q

Natural Characteristics of Land

A

Land as Space
Land as Environment, part of nature

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8
Q

This includes earth’s surface, beneath the surface space that people occupy above and about him

A

Land as Space

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9
Q

It is identified with natural setting

A

Land as Environment, part of nature

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10
Q

Economic Characteristics of Land

A

Land as Capital
Land as Resource, as factor of production
Land as Location/Site/Situation
Consumption Good

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11
Q

Cultural Characteristics of Land

A

Land as community
Land as physical flatform
Place
Land as spiritual attachment

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12
Q

This embodies the distinctive and distinguishing characteristics of human ‘community’, the human-scale transformation of locale

A

Place

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13
Q

It is a social and symbolic setting that has meaning and value for individuals

A

Place

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14
Q

It is imbued with subjective meanings and attachments, it is the context of identity

A

Place

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15
Q

Land is deeply intertwined with ___ and ___

A

Identity and Peoplehood

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16
Q

It is the rights of ownership and use

A

Property

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17
Q

Legal Characteristics of Land

A

Property
Acquire title to land
Including all things attached permanently to land
May be used as collateral for loans

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18
Q

Types of Land

A

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

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19
Q

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.

A

Forest Land

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20
Q

It is a portion of forestland leased by the State to operators of commercial forestry production

A

Timberland

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21
Q

It is a portion of forestland which DENR, through the Mined and Geosciences Bureau, has positively confirmed as possessing rare mineral resources

A

Mineral Land

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22
Q

It is a portion of a forestland traditionally occupied by indigenous cultural communities and delineated using consultative processes and cultural mapping

A

Tribal or Ancestral Land

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23
Q

It is a portion of forestland which has been set aside for raising livestock because of suitable topography and vegetation

A

Grazing land, Pasture land, or Rangeland

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24
Q

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”

A

Alienable and Disposable Land

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25
Q

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

A

Arable Land

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26
Q

It is a land actually devoted to agricultural activity whether intensive regular cropping or temporary/irregular cropping.

A

Agricultural land or Crop land

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27
Q

It is a land not readily useful for either forestry, agriculture, or settlement,
such as riverwash, sandy strips, marshes, swamps, wasteland, abandoned mines, etc

A

Marginal Land

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28
Q

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).

A

Industrial Land

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29
Q

Basic Functions of a State

A
  • Provision of public services
  • Regulation and facilitation of the operations of market forces
  • Arbitration of contending social groups
  • Social Engineering
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30
Q

This changes structures, values, and behaviors towards desired goals

A

Social Engineering

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31
Q

Basic Roles of the State

A

Protective Role
Developmental Role
Facilitative Role
Regulatory Role
Redistributive Role

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32
Q

This role secures territorial boundaries against outside predatory forces and keeping the peace among the constitutive units of the state

A

Protective Role

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33
Q

This role coordinates national policies for both structural change and growth and undertaking projects of common benefit which exceed the ability of agropolitan districts

A

Developmental Role

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34
Q

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

A

Facilitative Role

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35
Q

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.

A

Regulatory Role

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36
Q

The state takes surplus resources from rich districts to equalize redevelopment possibilities in less favoured areas.

A

Redistributive Role

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37
Q

Four Great Powers of the State with Respect to Land

A

Police Power
Power of Taxation
Power of Eminent Domain
Escheat

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38
Q

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

A

Police Power

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39
Q

This power is where the government impose taxes

A

Power of Taxation

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40
Q

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

A

Power of Eminent Domain

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41
Q

This power is where the property reverts to the State or is taken over by the State when no property rights exist

A

Escheat

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42
Q

It is how an individual or unit ‘holds’
property by virtue of rights –whether legallyexplicit or socially-assumed

A

Land Tenure

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43
Q

Types of Land Tenure

A

Private Property
Informal Tenure
Common Property
State Property
Open Access

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44
Q

It is a type of Land Tenure where individual or group has formal, legal or social sanction to exclude others.

A

Private Property

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45
Q

It is a type of Private Property where private ownership in perpetuity, unconditional rights to freely enjoy and to dispose of objects

A

Registered Freehold

46
Q

It is a type of Private Property where-private ownership for a specified period of time

A

Leasehold

47
Q

Tenancy, Group Tenure

A

Temporary Tenure

48
Q

It is a type of Tenure where resulting from invasion or illegal means

A

Informal Tenure

49
Q

Type of tenure–e.g. traditional or customary
ownership, customary rights (ICC), ancestral domain

A

Common Property

50
Q

enjoy fruits of the land without gaining ownership

A

Usufruct

51
Q

Type of tenure where land ownership and control rests in hands
of State

A

State Property

52
Q

no property rights exist

A

Open Access

53
Q
  • land is like any other commodity that can be bought outright and owned absolutely
A

Fee simple

54
Q
  • property ownership is inherited only by a specific line of heirs
A

Fee tail

55
Q

the State grants public land to universities and civic institutions for public purposes

A

Land Grant

56
Q

land grant to pioneer settlers equivalent to the average size of home, farmhouse and outbuildings.

A

Homestead

57
Q

unrestricted use and exchange of land – and entrenched the concept of absolute ownership of private property

A

Torrens Title System

58
Q

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.

A

Indigenous cultural community

59
Q

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.”

A

110

60
Q

RA 8371 IPRA

A

Indigenous Peoples Rights Act

61
Q

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.”

A

RA 7160 Local Government Code Sec. 15

62
Q

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.”

A

RA 7160 Local Government Code,
Sec. 16. General Welfare Clause

63
Q

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.”

A

RA 7160 Local Government Code
Sec. 2 (a)

64
Q

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;”

A

RA 7160 Local Government Code
Sec. 3(i)

65
Q

“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.”

A

RA 7160 Local Government Code,
Sec. 20 c

66
Q

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

A

RA 7160 Local Government
Code, Sec. 20 c

67
Q

Policy guide for the
regulation of land uses
embracing the LGU’s
entire territorial
jurisdiction

A

CLUP

68
Q

Multi-sectoral plan to
promote the general
welfare of the LGU.

A

CDP

69
Q

Term-based component
of the CDP

A

ELA

70
Q

Principal instrument for
implementing the CDP
and ELA and to some
extent, certain aspects of
the CLUP

A

LDIP

71
Q

One year slice of the LDIP

A

AIP

72
Q

Mining projects under the control of the LGUs are

A

Quarry
Sand and gravel
Guano
Gemstone

73
Q

Urban Development and
Housing Act. Goals and Principles

A

RA 7279

74
Q

Agriculture and
Fisheries Modernization Act

A

RA 8435

75
Q

NPAAAD

A

Network of Protected Areas for Agricultural and Agro-Industrial Development

76
Q

SAFDZ

A

Strategic Agricultural and Fisheries Development Zones

77
Q

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

A

Food Security

78
Q

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

A

Environmental Stability and Ecological Integrity

79
Q

Encouraging the sustainable growth of cities and large towns while complementing the growth of rural areas by adopting alternative urban
development approaches

A

Rational Urban Development

80
Q

Linking consumption and production areas to achieve physical and economic integration through appropriate infrastructure systems

A

Spatial Integration

81
Q

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

A

Equitable access to physical and natural resources

82
Q

Encouraging shared responsibility
between the government and the private sector in the development and management of the country’s physical resources

A

Private-public Sector Partnership

83
Q

Establishing pragmatic, appropriate, flexible and dynamic structures or mechanisms that involve the participation of key stakeholders.

A

People Empowerment

84
Q

Ensuring the indigenous people’s right todevelop, control and use lands within their ancestral domain

A

Recognition of the rights of indigenous people

85
Q

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.”

A

Market Orientation

86
Q

National Sanitation Code

A

PD 856

87
Q

Creating Human Settlements Commission now HLURB

A

PD 933

88
Q

regulates sale of subdivision lots and
condominiums

A

PD 957

89
Q

National Building Code

A

PD 1096

90
Q

Urban Land Reform Decree of 1976

A

PD 1517

91
Q

expropriation of private property for socialized housing; just compensation required

A

PD 1224

92
Q

prohibits eviction from declared Urban Land Reform Zone

A

PD 2016

93
Q

Standards for Economic and Socialized Housing

A

BP 220

94
Q

Comprehensive Agrarian Reform Law of 1988 –
Specifies lands to be covered by land reform and lands to
be retained by landowners

A

RA 6657

95
Q

Urban Development and Housing Act of 1992

A

RA 7279

96
Q

Comprehensive Integrated Shelter Finance Act

A

RA 7835

97
Q

Revised Forestry Code of 1977

A

PD 705

98
Q

Philippine Environmental Code

A

PD 1152

99
Q

Indigenous People’s Rights Act of
1997, plus NCIP AO3, s.2003

A

RA 8371

100
Q

rehabilitation of areas affected by
resource users (loggers, miners) and constructors
of infrastructures

A

PD 1198

101
Q

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

A

PD 1899

102
Q

People’s Small-scale Mining Act of
1991

A

RA 7076

103
Q

Philippine Mining Act of 1995

A

RA 7942

104
Q

Implementing Rules and Regulations
(DAO 29, s. 1996)

A

RA 7942

105
Q

Fisheries Code (old)

A

PD 704

106
Q

Philippine Fish Marketing Authority

A

PD 1977

107
Q

amends PD 704 provisions on
commercial boat license and trawl fishing

A

PD 1015

108
Q

exploration, utilization and
conservation of coral resources

A

PD 1219 & 1698

109
Q

amending PD 1698 – permit to gather
coral for scientific and educational purpose

A

PD 1198

110
Q

Fisheries Code of the Philippines (new)

A

RA 8550