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PHILIPPINE PLANNING LAWS

Urban and Regional Planning


HOW TO STUDY LAWS
Planning Laws
DESIGNATIONS USED FOR PHILIPPINE LAWS.
Nomenclature
Abbreviation Form of government Dates
designation
Philippine government under
Act Act 1900–1935
United States sovereignty
Commonwealth Act CA Philippine Commonwealth 1935–1946

Republic Act RA Republic 1946–72, 1987–present

Republic under Martial


Presidential Decree PD 1972–1986
Law/Fourth Republic
Presidential
PP Republic under Martial Law 1972–1986
Proclamation
Modified semi-presidential
Batas Pambansa BP 1978–1985
republic
Republic under Provisional
Executive Order EO 1986–1987
Constitution
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IMPLEMENTING RULES AND
REGULATIONS
TAKE NOTE
• Policy and principles being followed;
• Provisions that affect:
§ Land Use, Zoning, Space/Distance Requirement-
§ Natural Resources
§ Mandated Plans and timeframes
• Plans mandated to be made
• Agency - responsible branch of government;
• Prohibitions
OVERVIEW
Planning Laws
OVERVIEW
• Environment Protection • Natural Resource Laws
• RA 10587 • PD 1067
• PD 1151 • RA 8550
• PD 1152 • PD 705
• PD 1586 / Pres Proc. 2146 • RA 7942
• RA 7586
• RA 9147
• RA 9003
• RA 8749
• RA 9275
OVERVIEW
• Economic Laws • Infrastructure Laws
• RA 8435 • PD 6957 / RA 7718
• RA 7916 • PD 856
• RA 9593
• Institutional Laws
• Social Laws • EO 72 / EO 71
• RA 8371 • RA 7160
• RA 7279 • RA 9729
• BP 220 • RA 10121
• PD 957 • RA 9184
• PD 1216
1987 PHILIPPINE CONSTITUTION
Supreme and Fundamental Law of the land
1987 CONSTITUTION OF THE PHILIPPINES
I. National Territory – archipelago; terrestrial, fluvial, aerial domains

II.Declaration of Principles and State Policies –


(5) promotion of general welfare, (10) social justice, (14) role of women, (16)
balanced ecology, (21) rural development / agrarian reform, (25) autonomy of LGUs.
III. Bill of Rights – (9) Private property cannot be taken without just compensation;
IV. Citizenship – qualifications to be considered “Filipino”

V. Suffrage – right to vote


VI. Legislative Department – composition, government appropriations, passing of
laws
VII. Executive Department – the Presidency, powers and responsibilities
VIII.Judicial Department – composition, powers and mechanisms

IX. Constitutional Commissions – Civil Service, Elections, Audit; responsibilities


1987 CONSTITUTION OF THE PHILIPPINES
X. Local Government – Local Government Code principles
XI. Accountability of Public Officers – (1) public trust; impeachment, powers of
Ombudsman

XII.National Economy and Patrimony – (3) public domain


classification, can only be leased, (4) conservation of forestlands, natural parks,
(6) right to private property, (9) NEDA, 60% Filipino ownership

XIII.Social Justice and Human Rights – (1) regulation of


property, (4) agrarian reform, (7) fisher folk rights, (9) urban land reform, (10)
resettlement, (14) women’s working rights

XIV.Education, Science and Technology, Arts, Culture, and Sports – (5) right to
select a college course

XV. Family – as the foundation of the nation


1987 CONSTITUTION OF THE PHILIPPINES
ARTICLE XII

Management and Development of Land and


Natural Resources
• Section 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With
the exception of agricultural lands, all other natural resources shall not
be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State.
1987 CONSTITUTION OF THE PHILIPPINES
ARTICLE XII

Management and Development of Land and


Natural Resources
• Section 3. Lands of the public domain are classified into
agricultural, forest or timber, mineral lands
and national parks. Alienable lands of the public domain
shall be limited to agricultural lands.
LAND CLASSIFICATION
TOTAL LAND
Public Domain Private Lands

Unappropriated Reserved for Privately Owned Held by State as


Lands Government Use but Subject to ED Private Entity

Disposable and Non-Disposable &


Alienable Non-Alienable

Agricultural National Mineral Forestry


Lands Parks Lands Lands

Agricultural Residential Commercial Industrial Institutional Educational Town Site

NEW LAND CLASSIFICATION SYSTEM


1987 CONSTITUTION OF THE PHILIPPINES
ARTICLE XII

Management and Development of Land and


Natural Resources
• Section 4. The Congress shall determine, by law, the specific limits of
forest lands and national parks, marking clearly their
boundaries on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be
increased nor diminished, except by law.
1987 CONSTITUTION OF THE PHILIPPINES
LEGAL BASIS OF LAND USE PLANNING
• 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.
1987 CONSTITUTION OF THE PHILIPPINES
LEGAL BASIS OF LAND USE PLANNING
• 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.
ENVIRONMENT AND NATURAL
RESOURCE LAWS
Planning Laws
ENVIRONMENTAL
PLANNING ACT OF 2013
Republic Act No. 10587
ENVIRONMENTAL PLANNING ACT OF 2013

• Recognizes Environmental Planning as vital in


nation-building and development.
• Defines who should practice Environmental
Planning and how to become an Environmental
Planner
ENVIRONMENTAL PLANNING ACT OF 2013
• Sec. 2. Declaration of Policy
The State recognizes the importance of environmental
planning in nation-building and development.
Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded professional
environmental planners whose standards of practice and
service shall be excellent, world-class and globally competitive through
honest, effective, relevant and credible licensure examinations and
through regulatory programs, measures and activities that foster their
professional growth, social responsibility and development.
ENVIRONMENTAL PLANNING ACT OF 2013
• Sec. 4. Definition of Terms
(a) Environmental planning, also known as urban and
regional planning, city planning, town and country planning, and/or
human settlements planning, refers to the multi-disciplinary
art and science of. analyzing, specifying,
clarifying, harmonizing, managing and
regulating the use and development of land and
water resources, in relation to their environs, for the
development of sustainable communities and ecosystems.
PHILIPPINE
ENVIRONMENTAL POLICY
PD 1151
PHILIPPINE ENVIRONMENTAL POLICY
• Its purpose is to protect the right of the people to a
healthy environment through a requirement of
environmental impact assessments and
statements
PHILIPPINE ENVIRONMENTAL POLICY
• Enacted in June 6, 1977
• All agencies and instrumentalities of the
national government, including all government
owned and controlled corporations as well as
private corporations and firms and entities shall
prepare, file, and include in every action, project, or
undertaking which significantly affects the quality of
the environment a detailed statement.
PHILIPPINE
ENVIRONMENTAL CODE
PD 1152
PHILIPPINE ENVIRONMENTAL CODE

• To achieve and maintain such levels of air quality


as to protect public health.
• Prescribe management guidelines to protect and
improve water quality.
• Set guidelines for waste management.
• policies on fisheries, wildlife, forestry and
soils, minerals, energy and calamities
NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM ACT
OF 1992
RA 7586
NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM ACT OF 1992

Categories
• Strict Nature Reserve • Resource Reserve

• Natural Park • Natural Biotic Area

• Natural Monument

• Wildlife Sanctuary

• Protected land/seascapes
NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM ACT OF 1992

Protected Area
Management Zoning • Multiple – Use Zone
• Strict Protection Zone • Buffer Zone
• Sustainable Use Zone • Cultural Zone
• Restoration Zone • Recreational Zone
• Habitat Management Zone
WILDLIFE RESOURCES
CONSERVATION AND
PROTECTION ACT OF 2001
RA 9147
WILDLIFE RESOURCES CONSERVATION AND
PROTECTION ACT OF 2001
• Provides for the conservation, preservation
and protection of wildlife species and
their habitats, in order to preserve and encourage
ecological balance and biological diversity; it provides,
furthermore, for the control and supervision of
wildlife capture, hunting and trade; finally it
provides for supporting and promote scientific research
on the protection of biodiversity. The
provisions of this Act shall apply to all wildlife species
overall, including those living in the protected
ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000
RA 9003
ECOLOGICAL SOLID WASTE MANAGEMENT
ACT OF 2000
• Provision for the efficient
solid waste management,
for the volume reduction of the waste, its
environment friendly disposal, composting,
recycling, re-use, recovery, green charcoal
process; for the collection, treatment and
disposal in environmentally sound solid waste
management facilities whereas it shall be possible to
correctly dispose the proper segregation, collection, transport,
storage, treatment and disposal of solid waste ;under this Act
national research and development,
PHILIPPINE CLEAN AIR
ACT OF 1999
RA 8749
PHILIPPINE CLEAN AIR ACT OF 1999

• Provides for the creation


of a national program
of air pollution management focusing primarily
on pollution prevention; for the promotion of mass media
communication in order to create social awareness and active
participation in air quality planning and monitoring.
PHILIPPINE CLEAN
WATER ACT OF 2004
RA 9275
PHILIPPINE CLEAN WATER ACT OF 2004

• Aims to protect
the country’s water bodies
from pollution from land-based sources
(industries and commercial establishments, agriculture and
community/household activities).
• It provides for a comprehensive and integrated
strategy to prevent and minimize
pollution through a multi-sectoral and participatory
approach involving all the stakeholders
THE WATER CODE OF THE
PHILIPPINES
PD 1067
THE WATER CODE OF THE PHILIPPINES
• Enacted in 1976
• Basic principles and framework relating to the
appropriation, control and conservation of water
resources to achieve the optimum development and rational
utilization of these resources are established;
• The extent of the rights and obligation of water users
and owners including the protection and regulation of such rights are
defined;
• A basic law governing the ownership,
appropriation,
utilization, exploitation, development,
conservation and protection of water resources
and rights to land related thereto is adopted
THE PHILIPPINE
FISHERIES CODE OF 1998
RA 8550
THE PHILIPPINE FISHERIES CODE OF 1998

• The Code makes provision


for the management
and conservation of fisheries and
aquaculture in the Philippines and the
reconstitution or establishment of fisheries institutions both
at the national and local level.
FORESTRY REFORM CODE
OF THE PHILIPPINES
PD 705
FORESTRY REFORM CODE OF THE
PHILIPPINES

• This Act lays down the basic


principles of forest
management and conservation, makes
provision for the administration of forestry, the
survey and classification of lands for
purposes of forestry, and the use of forest
resources.
PHILIPPINE MINING ACT
OF 1995
RA 7942
PHILIPPINE MINING ACT OF 1995
• All mineral resources in lands privately or
publicly owned within the territory and exclusive economic
zone of the Republic of the Philippines are property of the
State, which shall promote and supervise for
their rational exploration, development,
utilization and conservation while attentively
safeguarding the environment and protecting the rights of
affected communities. Surveys and subsequent
mapping of all quarries shall be produced,
and a regular monitoring of their operations.
ECONOMIC LAWS
Planning Laws
AGRICULTURE AND
FISHERIES MODERNIZATION
ACT OF 1997
RA 8435
AGRICULTURE AND FISHERIES
MODERNIZATION ACT OF 1997

• Measures to sustain
the development in the
sectors of agriculture and fisheries.
• The stated objective of this Act is to transform these
sectors from resource-based into
technology-based industries and to
enhance profits in these sectors especially for small
farmers and fishermen
THE SPECIAL ECONOMIC
ZONE ACT OF 1995
RA 7916
THE SPECIAL ECONOMIC ZONE ACT OF 1995
• Created the Philippine Economic Zone Authority.
• The PEZA is tasked with the establishment
of world-
class, environment-friendly, economic zones
all over the country to respond to the demands for ready-to-
occupy locations for foreign investments.
• It supports the establishments of industrial estates, export
processing zones and free trade zones for agro-industrial and
industrial activities but also of tourist and recreational complex,
as well as investment, commercial, banking and financial centers.
THE TOURISM ACT OF 2009
RA 9593
THE TOURISM ACT OF 2009
• Ensure the development of Philippine
tourism that is for and by the Filipino people, conserve
and promote their heritage, national identity and sense of
unity.
• establishment of tourism enterprise zones
(TEZs), which will provide the necessary vehicle to
coordinate actions of the public and private sectors to
address development barriers, attract and focus investment
on specific geographic areas and upgrade product and service
quality
SOCIAL AND HOUSING LAWS
Planning Laws
INDIGENOUS PEOPLE’S
RIGHTS ACT OF 1997
RA 8371
INDIGENOUS PEOPLE’S RIGHTS ACT OF 1997

• Provision for the promotion


and
recognition of the rights of
Indigenous Cultural Communities/
Indigenous Peoples (ICCs/IPs), with a
view to preserve their culture, traditions and
institutions and to ensure the equal protection and
non-discrimination of members.
URBAN DEVELOPMENT AND
HOUSING ACT OF 1992
RA 7279
URBAN DEVELOPMENT AND HOUSING ACT
OF 1992
• 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.
• Comprehensive and continuing Urban Development and
Housing program with the private sector.
ECONOMIC AND SOCIALIZED
HOUSING IN RURAL AND URBAN
AREAS
BP 220
ECONOMIC AND SOCIALIZED HOUSING IN
RURAL AND URBAN AREAS

• Promote and encourage the development


of
economic and socialized housing projects,
primarily by the private sector, in order to
make available adequate economic and socialized housing
units for average and low-income earners in urban and rural
areas.
SUBDIVISION AND CONDOMINIUM
BUYER'S PROTECTIVE DECREE
PD 957
SUBDIVISION AND CONDOMINIUM BUYER'S
PROTECTIVE DECREE

•Regulating the sale of subdivision lots


and condominiums and providing penalties
for violations thereof. It prescribes the power of the
National Housing Authority on regulating the real
estate trade and business and matters regarding the
registration of projects.
DEFINING “OPEN SPACE”
PD 1216
DEFINING “OPEN SPACE”
• Section 2, which amends Section 31 of PD 957, reads: The
owner as developer of a subdivision shall provide adequate
roads, alleys and sidewalks. For subdivision projects one (1)
hectare or more, the owner or developer shall
reserve thirty (30%) percent of the gross
area for open space. Such open space shall have the
following standards allocated exclusively for parks,
playgrounds and recreational use
INFRASTRUCTURE LAWS
Planning Laws
AN ACT AUTHORIZING
INFRASTRUCTURE PROJECTS BY
THE PRIVATE SECTOR
RA 6957
AN ACT AUTHORIZING INFRASTRUCTURE
PROJECTS BY THE PRIVATE SECTOR

• Collaborative partnerships between the


government and the private sector can be
made possible through a broad spectrum of modalities. The
BOT Law identifies a number of variants and includes a
catch all provision for other variants that may be identified
later.
CODE ON SANITATION OF
THE PHILIPPINES (1975)
PD 856
CODE ON SANITATION OF THE PHILIPPINES
(1975)

• To prescribe sanitation requirements for food


establishments and refuse collections and disposal system of
cities and municipalities.
• Standard parameters and values for drinking-
water quality.
INSTITUTIONAL LAWS
Planning Laws
“LOCAL GOVERNMENT
CODE OF 1991”
RA 7160
LOCAL GOVERNMENT CODE OF 1991

• The Local Government Code of 1991 is the


Bible or Koran for local government
administration in the Philippines
LOCAL GOVERNMENT CODE OF 1991
• By expanding the powers and responsibilities of local governments,
the Local Government Code of 1991 seeks:
• to provide local government units the opportunity
to tap their fullest potentials as self-reliant
communities and as active partners of the national government
in the attainment of national goals;
• to facilitate faster decision-making at the local
level;
• to enhance the participation of ordinary citizens, organized groups,
and the poorer sectors in the conduct of public affairs and the
business of government;
• to deliver basic services more efficiently.
CLIMATE CHANGE ACT OF
2009
RA 9729
CLIMATE CHANGE ACT OF 2009

• This Act aims to


integrate disaster risk
reduction measures into climate change
adaptation plans, development and poverty reduction
programs.
PHILIPPINE DISASTER RISK
REDUCTION AND MANAGEMENT
ACT OF 2010
RA 10121
PHILIPPINE DISASTER RISK REDUCTION AND
MANAGEMENT ACT OF 2010
• Mandated to strengthen disaster management in the
Philippines, a country prone to natural hazards.
• It aims to develop a framework and roll out resources
that will enable the national government, the local
government units, and other stakeholders to build
communities that can survive disasters.
PHILIPPINE PLANNING LAWS
Urban and Regional Planning

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