Planning Law Flashcards
Social Justice Framework
-Society to Individuals
Distributive Justice
Social Justice Framework
- Individuals to Group
Commutative Justice (Contractual)
Social Justice Framework
- group to Society
Contributive Justice
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.
land
Natural Characteristic of Land (6)
Space
Environment
Capital
Resource
Location/Site/Situation
Consumption Goods
Cultural Characteristic of Land
Community
Place
Spiritual Attachment
-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
Property
land of the public domain which has been classified as such and declared for forestry purposes.
Forest Land
portion of forestland leased by the State to operators of commercial forestry production
Timber Land
portion of forestland which DENR, through the Mines and Geosciences Bureau, has positively confirmed as possessing rare mineral resources.
Mineral Land
portion of forestland traditionally occupied by indigenous cultural communities and delineated using consultative processes and cultural mapping.
Tribal or Ancestral Land
portion of forestland which has been set aside for raising livestock because of suitable topography and vegetation
Grazing 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 land18% or over in slope shall be classified as A & D nor can be titled”
Alienable or Disposeable 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
Arable Land
land actually devoted to agricultural activity whether intensive regular cropping or temporary/irregular cropping
Agricultural Land
and not readily useful for either forestry, agriculture, or settlement, such as river wash, sandy strips, marshes, swamps, wasteland, abandoned mines, etc.
Marginal 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)
Industrial Land
Functions of the State
- Provision of public services
- Regulation and facilitation of the operations of market forces
- Arbitration of contending social groups
Roles of the State
Protective Role
Developmental Role
Facilitative Role
Regulatory Role
Redistributive Role
Authority of the State to regulate activities of private parties to protect the collective interest of the people –health, safety, public welfare
Police Power
Government has the right to impose taxes
Power of Taxation
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
property reverts to the State or is taken over by the State when no property rights exist
Escheat
how an individual or unit ‘holds’ property by virtue of rights –whether legally-explicit or socially-assumed
Land Tenure
individual or group has formal, legal or social sanction to exclude others
Private Property
resulting from invasion or illegal means
* Adverse Possession
* Tolerated Occupancy without legal basis
Informal Tenure
traditional or customary ownership, customary rights (ICC), ancestral domain
Common Property
land ownership and control rests in hands of State
State Property
no property rights exist
Open Access
3 land and how they are managed
Private Domain
Ancestral Domain
Public Domain
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
belong to 110enthno-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.
Indigenous People
Indigenous Peoples Rights Act
RA 8371 IPRA
Local Government Code
RA 7160
Urban Development and Housing Act.
RA 7279
Agriculture and Fisheries Modernization Act
RA 8435
Principles of Planning
Food Security
ENVIRONMENTAL STABILITY AND ECOLOGICAL INTEGRITY
RATIONAL URBAN DEVELOPMENT
SPATIAL INTEGRATION
PRIVATE-PUBLIC SECTOR PARTNERSHIP
PEOPLE EMPOWERMENT
RECOGNITION OF THE RIGHTS OF INDIGENOUS PEOPLE
MARKET ORIENTATION
