Planning Law Flashcards by Krisha Calonzo

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

Provides overall tenor for environmental policies

Philippine Constitution 1987

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“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

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“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

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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

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

Agricultural lands

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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

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Natural Characteristics of Land

Land as Space
Land as Environment, part of nature

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

Land as Space

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It is identified with natural setting

Land as Environment, part of nature

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Economic Characteristics of Land

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

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Cultural Characteristics of Land

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

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

Place

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

Place

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

Place

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Land is deeply intertwined with ___ and ___

Identity and Peoplehood

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It is the rights of ownership and use

Property

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Legal Characteristics of Land

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

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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

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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

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

Timberland

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

Mineral Land

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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

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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

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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

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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

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

Registered Freehold

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

Leasehold

Tenancy, Group Tenure

Temporary Tenure

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

Informal Tenure

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

Common Property

enjoy fruits of the land without gaining ownership

Usufruct

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

State Property

no property rights exist

Open Access

- land is like any other commodity that can be bought outright and owned absolutely

Fee simple

- property ownership is inherited only by a specific line of heirs

Fee tail

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

Land Grant

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

Homestead

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

Torrens Title System

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.

Indigenous cultural community

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."

110

RA 8371 IPRA

Indigenous Peoples Rights Act

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.”

RA 7160 Local Government Code Sec. 15

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.”

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

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.”

RA 7160 Local Government Code Sec. 2 (a)

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;”

RA 7160 Local Government Code Sec. 3(i)

“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.”

RA 7160 Local Government Code, Sec. 20 c

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

RA 7160 Local Government Code, Sec. 20 c

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

CLUP

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

CDP

Term-based component of the CDP

ELA

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

LDIP

One year slice of the LDIP

AIP

Mining projects under the control of the LGUs are

Quarry Sand and gravel Guano Gemstone

Urban Development and Housing Act. Goals and Principles

RA 7279

Agriculture and Fisheries Modernization Act

RA 8435

NPAAAD

Network of Protected Areas for Agricultural and Agro-Industrial Development

SAFDZ

Strategic Agricultural and Fisheries Development Zones

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

Food Security

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

Environmental Stability and Ecological Integrity

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

Rational Urban Development

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

Spatial Integration

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

Equitable access to physical and natural resources

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

Private-public Sector Partnership

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

People Empowerment

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

Recognition of the rights of indigenous people

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.”

Market Orientation

National Sanitation Code

PD 856

Creating Human Settlements Commission now HLURB

PD 933

regulates sale of subdivision lots and condominiums

PD 957

National Building Code

PD 1096

Urban Land Reform Decree of 1976

PD 1517

expropriation of private property for socialized housing; just compensation required

PD 1224

prohibits eviction from declared Urban Land Reform Zone

PD 2016

Standards for Economic and Socialized Housing

BP 220

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

RA 6657

Urban Development and Housing Act of 1992

RA 7279

Comprehensive Integrated Shelter Finance Act

RA 7835

Revised Forestry Code of 1977

PD 705

Philippine Environmental Code

PD 1152

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

RA 8371

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

PD 1198

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

PD 1899

People’s Small-scale Mining Act of 1991

RA 7076

Philippine Mining Act of 1995

RA 7942

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

RA 7942

Fisheries Code (old)

PD 704

Philippine Fish Marketing Authority

PD 1977

amends PD 704 provisions on commercial boat license and trawl fishing

PD 1015

exploration, utilization and conservation of coral resources

PD 1219 & 1698

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

PD 1198

Fisheries Code of the Philippines (new)

RA 8550

Planning Law Flashcards

(110 cards)