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