LAND TITLES & DEEDS: PARADIGM SHIFT IN LOCAL AUTONOMY & GOVERNANCE (A digest of R.

Sabios paper, as published in The Law Forum 2011)

I. INTRODUCTION CHALLENGE FOR LOCAL GOVERNMENTS: how to respond to the growing concern on the indiscriminate use and degradation of the countrys land resources in the absence of a uniform land use policy. LOCAL GOVERNMENT UNITS - has the power to reclassify lands DEPT OF AGRARIAN REFORM (DAR) - has the authority to approve conversions.

GOVERNANCE exercise of political, economic and administrative authority to manage the nations (or local) affairs. LOCAL GOVERNANCE a strategy towards democratizing the political system and accelerating the attainment of sustainable development. to maintain the nation, the central level may alter the allocation of power and resources between itself and local levels and delegate authority differentially among local areas. III. EXISTING FRAMEWORK FOR LAND USE POLICY FORMULATION A. RECONSTITUTED NATIONAL LAND USE COMMITTEE EO 770: provided for the institutional framework for national physical planning and amends LOI 1350 LOI 1350: institutionalized land use and physical planning in 1983 and created National Land Use Committee (NLUC) NATIONAL LAND USE COMMITTEE (NLUC):

PROBLEM: imperative to clarify the respective roles of the LGUs and strengthen the framework for local land use planning and development. DISCUSSION: a. The dichotomy of local autonomy and governance vs. framework for land use planning of local governments Description of present planning structure and its paradigm shift Identification of issues that confront LGUs in the implementation of their land use development programs

b. c.

1. Tasked to formulate a national physical framework plan and other intersectoral policies and programs that guide the rational utilization and management of the countrys land and other physical resources, and preparation of subnational physical framework plans. 2. Created to provide a venue for discussing matters on land use and physical planning and resolve issues related to policy conflicts among national government agencies. NLUC is now elevated to National Economic and Development Authority (NEDA) Board Committee empowered to provide advice to the President and the NEDA Board on all land use and physical planning matters. B. THE LOCAL PLANNING STRUCTURE 1. Describes the institutional structure of local planning and development 2. PRINCIPAL FUNCTION: to initiate the formulation of the comprehensive multisectoral development plan for approval by provincial, city, municipal, or baranagay level legislative council. LOCAL DEVELOPMENT COUNCIL initiates the comprehensive multi-sectoral development plan for each political unit (with approval by its sanggunian).

PROPOSAL: the adoption of the model institutional framework for the local land use planning and policy formulation. II. LOCAL AUTONOMY & GOVERNANCE OVERVIEW Constitution, Local Government Code, and earlier Decentralization Acts are one in purpose and intent i.e., for LGUs to enjoy local autonomy and for decentralization to proceed. LOCAL AUTONOMY - characterized by enjoyment of LGUs of a high degree of independence from the center. To be fully autonomous, LGUs must exercise fiscal autonomy. DECENTRALIZATION - allows the lower levels to decide on the issues that concern themselves directly. It democratizes the political system while ensuring that governmental actions are responsive to the needs of the people.

PROVINCIAL/CITY/MUNICIPAL/BARANGAY DEVELOPMENT COUNCIL - shall assist the sanggunian in setting the direction of economic and social development efforts within its territorial jurisdiction SECRETARIAT OF DEVELOPMENT COUNCIL (headed by Barangay Secretary) assisted by the city or municipal planning and development coordinator concerned. INTERRELATIONSHIP WITH SANGGUNIAN AND REGIONAL DEVELOPMENT COUNCIL ACTIVITIES OF LDC:

THUS: local planning structure has very strong political component LDC and LOCAL SANGGUNIAN IV. MODEL INSTITUTIONAL FRAMEWORK AT THE LOCAL LEVEL LAND USE PLANNING proper management of land resources LOCAL LAND RESOURCES MANAGEMENT GROUP(LRMG) it has developed the model institutional framework for local planning structure. FRAMEWORK OF LRMG:

1. Submit the proposed policies, programs, and projects proposed to the sanggunian concerned for appropriate action 2. The development plan approved by the sanggunian shall be integrated into the development plan on the next higher LDC 3. Approved development plans of provinces, highly urbanized cities, and independent component cities shall be submitted to the regional development council (which shall be integrated into the regional development plan for submission to NEDA) DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) (in coordination and consultation with NEDA and leagues of LGUs) shall formulate the operational guidelines of local development planning process. C. THE PARADIGM SHIFT Local autonomy has enhanced the political dimension of planning. There is a change in the way planning should be understood -- as basically technical to one that is essentially political. LDC UNDER OLD LGC COMPOSITION: composed of Mayor/Governor as its head, and heads of offices and departments of LGU as members. Comprised of technical personnel PLANNING STRUCTURE: basically technical in nature with less participation of political officials PRESENT LDC COMPOSITION: predominantly made up of politicians. The only nonpolitician (but probably political in strategy) are those representing NGOs. PLANNING STRUCTURE: the automatic membership in LDC of appropriations committee chair of Sanggunian ensures linkage between the planning and legislative functions (there is political support).

a. LRMGs take responsibility for decisions on land use and management at the appropriate level in the political hierarchy b. LRMGs would collect the necessary information for decision-making and agree on its own rules and management plan. c. LRMGs pass information and requests upward (either to appropriate institution in a district or similar administrative planning unit, or the next higher institution) d. LRMGs may require technical information, legal advice, and support on conflict resolution that is only available at a higher level of government (see figure 1 in paper) V. LAND USE POLICY ISSUES AND OTHER CONSTRAINTS LAND POLICIES OF LGUs: mostly cover the control and use of land and are usually embodied in zoning ordinances, subdivision regulations, building codes, and comprehensive plans. Their impact is large, and complete disregard can result in chaotic and haphazard development; on the other hand, strict requirements constrain land availability that affects the locational advantages of an area both for business and residential purposes. FOREMOST OF CONSTRAINTS: A. LACK OF NATIONAL LAND USE POLICY: A QUESTION OF POLITICAL WILL FOOD AGRICULTURAL ORGANIZATION (FAO)says, to achieve sustainable development, governments should have a national policy on land use. However, Congress has yet to pass this law. PROBLEM: there is too much delay on the part of lawmakers due to ambivalence and

lack of political will. Landed interest dominates the legislature at any time. Whenever a natural calamity strikes, some would decry the absence of national land use policy and then file their own version of National Land Use Act. Such reluctance is understandable. B. ISSUE OF JURISDICTION OVER LAND USE RECLASSIFICATION AND CONVERSION This issue affects the capability of LGUs in facilitating the implementation of their projects. EX. During the hearing of the HOR Committee on Housing and Government Reorganization, a controversy arose on the deliberation of the proposed bills creating a Department of Housing and Urban Development. It was proposed that social housing projects need not go through conversion requirements. DAR opposed this and contended that reclassified lands identified for housing projects still have to go through it. The debate stemmed from the seemingly conflicting provisions of LGC and CARL (LGUs have power to reclassify; DAR has power to approve conversions). Reading of LGC and DAR administrative order would give the impression that LGUs action on land reclassification would still be subject to DAR approval. This was challenged as an undue delegation of legislative power. SC RULING RESOLVING CONFLICT: it held that the power of DAR is limited only to CARP-covered lands. In PROVINCE OF CAMARINES SUR v CA, SC qualified that the power of DAR to approve/disapprove conversions of agricultural lands is limited to applications for reclassification submitted by landowners or tenant-beneficiaries. It follows that with respect to other agricultural lands, the source need not pass the DAR conversion process. CONVERSION v CONSERVATION Q: HOW SHOULD LGUs TREAT THEIR AGRICULTURAL LANDS? AS EVENTUAL CATCH BASIS FOR FUTURE URBAN EXPANSION? OR AS ULTIMATE BASIS OF NATIONS SECURITY? There are two extreme views that divide conservationists and the conversionists. UNDER LOCAL GOVERNMENT CODE - Cities and municipalities are allowed to reclassify between 5% and 15% of their agricultural areas UNDER AGRICULTURAL AND FISHERIES ACT - Prohibits conversion of irrigated and potentially irrigable lands to urban uses

for urban purposes

the above conflict requires the formulation of appropriate local policies to reconcile and balance local and national interest. C. OTHER EMERGING LAND USE/ZONING PROBLEMS ISSUE OF MIXED LAND USES: presents a problem as to whether the dominant or associated use be adopted. This could not be addressed by local zoning guidelines. ZONING CAPABILITY MATRIX lists all possible land use activities and indicates whether such activity is permitted in a given zone. This list promotes mixed land use, as a present zoning practice. PROBLEMS: 1. There is seemingly a high degree of arbitrariness in construction of mentioned matrix. There is need to determine its validity and usefulness for the construction by the LGUs so that it will truly capture the essence of the land use policies. 2. There is a need for creation of special zones in cases where the uses are hard to fix particularly on the issue of history and culture. 3. Problem on how to categorize production areas that are treated also as protected areas. (ex. irrigated and irrigable rice lands and coconut lands both are production areas but both covered by protected area policies). VI. OBSERVATION AND RECOMMENDATIONS OBSERVATION: a. Land use planning and development programs of LGUs run into crosspurpose with the central government There is immediate need to address the compelling issues on land use planning and development There is lack of national land use policy that will serve as standard for local planning Local planning structure needs to be strengthened in terms of institutionalizing the framework for land use planning and further democratizing participation There is need for clarifying certain provisions of LGC in relation to provisions on national statutes (particularly physical planning and land resources management)

b. c. d.

e.

RECOMMENDATIONS: a. b. c. d. Immediate enactment of a comprehensive national land use policy. Strengthen the role of LGUs in land use planning and development Adopt the FAO model institutional framework for land use planning Improve the coordination between the central and local governments in development planning.

AYN RUTH NOTES