July 15 Discussion
July 15 Discussion
July 15 Discussion
CHAPTER II
Share of Local Government Units in the National Wealth
Section 289. Share in the Proceeds from the Development and Utilization of the National Wealth. -
Local government units shall have an equitable share in the proceeds derived from the utilization
and development of the national wealth within their respective areas, including sharing the same
with the inhabitants by way of direct benefits.
Section 290. Amount of Share of Local Government Units. - Local government units shall, in
addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection
derived by the national government from the preceding fiscal year from mining taxes, royalties,
forestry and fishery charges, and such other taxes, fees, or charges, including related surcharges,
interests, or fines, and from its share in any co-production, joint venture or production sharing
agreement in the utilization and development of the national wealth within their territorial jurisdiction.
Section 291. Share of the Local Governments from any Government Agency or Owned or
Controlled Corporation.- Local government units shall have a share based on the preceding fiscal
year from the proceeds derived by any government agency or government-owned or controlled
corporation engaged in the utilization and development of the national wealth based on the following
formula whichever will produce a higher share for the local government unit:
(a) One percent (1%) of the gross sales or receipts of the preceding calendar year; or
(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such
other taxes, fees or charges, including related surcharges, interests, or fines the government
agency or government owned or controlled corporation would have paid if it were not
otherwise exempt.
Section 292. Allocation of Shares. - The share in the preceding Section shall be distributed in the
following manner:
Provided, however, That where the natural resources are located in two (2) or more
provinces, or in two (2) or more component cities or municipalities or in two (2) or more
barangays, their respective shares shall be computed on the basis of:
(b) Where the natural resources are located in a highly urbanized or independent component
city:
(1) City - Sixty-five percent (65%); and
Provided, however, That where the natural resources are located in such two (2) or more
cities, the allocation of shares shall be based on the formula on population and land area as
specified in paragraph (a) of this Section.
Section 293. Remittance of the Share of Local Government Units. - The share of local government
units from the utilization and development of national wealth shall be remitted in accordance with
Section 286 of this Code: Provided, however, That in the case of any government agency or
government-owned or controlled corporation engaged in the utilization and development of the
national wealth, such share shall be directly remitted to the provincial, city, municipal or barangay
treasurer concerned within five (5) days after the end of each quarter.
Section 294. Development and Livelihood Projects. - The proceeds from the share of local
government units pursuant to this chapter shall be appropriated by their respective sanggunian to
finance local government and livelihood projects: Provided, however, That at least eighty percent
(80%) of the proceeds derived from the development and utilization of hydrothermal. geothermal,
and other sources of energy shall be applied solely to lower the cost of electricity in the local
government unit where such a source of energy is located.
Section 5. Powers and Functions. – The Department shall have the following powers and
functions:
(i) Devise ways and means of giving direct benefits to the province, city, or municipality,
especially the community and people affected, and equitable and preferential benefit to
the region that hosts the energy resource and/or the energy-generating facility: Provided,
however, That the other provinces, cities, municipalities, or regions shall not be deprived
of their energy requirements;
3. Sec. 82, RA 7942, Mining Act
Section 82. Allocation of Government Share. - The Government share as referred to in the preceding
sections shall be shared and allocated in accordance with Sections 290 and 292 of Republic Act No. 7160
otherwise known as the Local Government Code of 1991. In case the development and utilization of
mineral resources is undertaken by a government-owned or -controlled corporation, the sharing and
allocation shall be in accordance with Sections 291 and 292 of the said Code.
4. .Sections 1, 3, 5, 7 8, Article III, RA 9054 (Revised Organic Act of ARMM); also Article XII,
Secs. 1, 5 (a) and (b), 6-9, 21-24;
ARTICLE III
GUIDING PRINCIPLES AND POLICIES
Section 1. Integral Part of the Republic. - The Autonomous Region in Muslim Mindanao shall remain
an integral and inseparable part of the national territory of the Republic as defined by the
Constitution and existing laws.
The autonomous region shall be governed and administered in accordance with the laws enacted by
the Regional Assembly and by this Organic Act.
Section 3. Devolution of Powers. - The regional government shall adopt a policy on local autonomy
whereby regional powers shall be devolved to local government units particularly in areas of
education, health, human resource, science and technology and people empowerment. Until a law
implementing this provision is enacted by the Regional Assembly, Republic Act No. 7160, the Local
Government Code of 1991, shall continue to apply to all the provinces, cities, municipalities, and
barangay within the autonomous region.
The Regional Assembly may not pass any law to diminish, lessen, or reduce the powers, functions,
and shares in the internal revenue taxes of the said local government units as provided by Republic
Act No. 7160, the Local Government Code of 1991.
Section 5. Customs, Traditions, Religious Freedom Guaranteed. - The beliefs, customs, and
traditions of the people in the autonomous region and the free exercise of their religions as Muslims,
Christians, Jews, Buddhists, or any other religious denomination in the said region are hereby
recognized, protected and guaranteed.
The Regional Assembly shall adopt measures to ensure mutual respect for and protection of the
distinct beliefs, customs, and traditions and the respective religions of the inhabitants thereof, be
they Muslims, Christians, Jews, Buddhists, or any other religious denomination. The Regional
Assembly, in consultation with the Supreme Court and consistent with the Constitution, may
formulate a Shari'ah legal system including the criminal cases, which shall be applicable in the
region, only to Muslims or those who profess the Islamic faith. The representation of the regional
government in the various central government or national government bodies as provided for by
Article V, Section 5 shall be effected upon approval of the measures herein provided.
The Shari'ah courts shall have jurisdiction over cases involving personal, family and property
relations, and commercial transactions, in addition to their jurisdiction over criminal cases involving
Muslims.
The Regional Assembly shall, in consultation with the Supreme Court, determine the number and
specify the details of the jurisdiction of these courts.
No person in the autonomous region shall be subjected to any form of discrimination on account of
creed, religion, ethnic origin, parentage or sex.
The regional government shall ensure the development, protection, and well-being of all indigenous
tribal communities. Priority legislation in this regard shall be enacted for the benefit of those tribes
that are in danger of extinction as determined by the Southern Philippines Cultural Commission.
Section 7. Improving Status of the Marginalized. - The regional government shall devote its
resources to the improvement of the well-being of all its constituents, particularly the marginalized,
deprived, disadvantaged, underprivileged, disabled, and the elderly.
Section 8. Regional Government Authority Over Natural Resources. - Subject to the provisions of
the Constitution and this Organic Act, the Regional Government shall have the authority, power, and
right to explore, develop and utilize the natural resources, including surface and sub-surface rights,
in-land and coastal waters, and renewable and non-renewable resources in the autonomous region.
Muslims and the other indigenous cultural communities shall, however, have priority rights to
explore, develop and utilize the said resources in the areas designated as parts of their respective
ancestral domains.
ARTICLE XII
ECONOMY AND PATRIMONY
Section 1. Regional Economy and Conservation of Patrimony. - Consistent with the Constitution and
existing laws, the Regional Assembly may enact laws pertaining to the regional economy and
patrimony that are responsive to the needs of the region. The Regional Government may not lower
the standards required by the central government or national government for the protection,
conservation, and enhancement of the natural resources.
Section 5. Use, Development of Mines, Minerals, and Other Natural Resources; Revenue Sharing;
Exceptions. -
(a)Regional Supervision and Control. The control and supervision over the exploration,
utilization, development, and protection of the mines and minerals and other natural
resources within the autonomous region are hereby vested in the Regional Government in
accordance with the Constitution and the pertinent provisions of this Organic Act except for
the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, all
sources of potential energy, as well as national reserves and aquatic parks, forest and
watershed reservations already delimited by authority of the central government or national
government and those that may be defined by an Act of Congress within one (1) year from
the effectivity of this Organic Act.
Section 6. Use and Development of Natural Resources Open to Citizens. - The exploration,
development, and utilization of natural resources, except those referred to in the first paragraph of
Section 5 of this Article, shall be allowed to all citizens and to private enterprises, including
corporations, associations, cooperatives, and such other similar collective organizations with at least
sixty percent (60%) of their capital investment or capital stocks directly controlled or owned by
citizens.
Section 8. Rules, Regulations and Fees. - The Regional Assembly shall by law regulate the
exploration, utilization, development, and protection of the natural resources, including the mines
and minerals, except the strategic minerals as provided in this Organic Act. The Regional
Government shall, pursuant to the said law, shall prescribe the rules and regulations and impose
regulatory fees in connection therewith. Upon the enactment of the said law and the effectivity of
such rules and regulations, the fees imposed by the Regional Government shall replace those that
had been imposed by the central government or national government.
Section 21. Farming and Fishing Cooperatives. - The Regional Government shall recognize,
promote, and protect the rights and welfare of farmers, farm-workers, fisherfolk, and fish-workers, as
well as cooperatives and associations of farmers and fish-workers.
Section 22. Agricultural Productivity; Organic Farming. -The Regional Government shall encourage
agricultural productivity and promote diversified and organic farming.
Section 23. Soil and Water Conservation. - The Regional Government shall give top priority to the
conservation, protection, utilization, and development of soil and water resources for agricultural
purposes.
Section 24. Aquatic and Fisheries Code. - The Regional Assembly may enact an aquatic and
fisheries code which shall enhance, develop, conserve, and protect marine and aquatic resources,
and shall protect the rights of subsistence fisherfolk to the preferential use of communal marine and
fishing resources, including seaweeds. This protection shall extend to offshore fishing grounds, up to
and including all waters fifteen (15) kilometers from the coastline of the autonomous region but
within the territorial waters of the Republic, regardless of depth and the seabed and the subsoil that
are included between two (2) lines drawn perpendicular to the general coastline from points where
the boundary lines of the autonomous region touch the sea at low tide and a third line parallel to the
general coastline.
The provinces and cities within the autonomous region shall have priority rights to the utilization,
development, conservation, and protection of the aforementioned offshore fishing grounds.
The provinces and cities concerned shall provide support to subsistence fisherfolk through
appropriate technology and research, adequate financial, production, marketing assistance, and
other services.
The Regional Assembly shall enact priority legislation to ensure that fish-workers shall receive a just
share from their labor in the utilization, production, and development of marine and fishing
resources.
The Regional Assembly shall enact priority legislation to develop science, technology, and other
disciplines for the protection and maintenance of aquatic and marine ecology.
5. RA 7279 (UDHA), particularly Sections 6, 7, 8, 13, 21, 28-29, 34, 39, 43.
ARTICLE III NATIONAL URBAN DEVELOPMENT AND HOUSING FRAMEWORK Sec. 6. Framework for
Rational Development. — There shall be a National Urban Development and Housing Framework to be
formulated by the Housing and Land Use Regulatory Board under the direction of the Housing and
Urban Development Coordinating Council in coordination with all local government units and other
concerned public and private sectors within one (1) year from the effectivity of this Act.
The framework shall refer to the comprehensive plan for urban and urbanizable areas aimed at
achieving the objectives of the Program. In the formulation of the Framework, a review and
rationalization of testing town and land use plans, housing programs, and all other objectives and
activities of government agencies and the private sectors which may substantially affect urban land use
patterns, transportation and public utilities, infrastructure, environment and population movement shall
be undertaken with the concurrence of the local government units concerned.
Sec. 7. Inventory of Lands. — Within one (1) year from the effectivity of this Act, all city and municipal
governments shall conduct an inventory of all kinds and improvements thereon within their respective
localities. The inventory shall include the following:
In conducting the inventory, the local government units concerned, in coordination with the Housing
and Land Use Regulatory Board and with the assistance of the appropriate government agencies, shall
indicate the type of land use and the degree of land utilization, and other data or information necessary
to carry out the purposes of this Act.
For planning purposes, the Housing and Urban Development Coordinating Council shall be furnished by
each local government unit a copy of its inventory which shall be updated every three (3) years.
Sec. 8. Identification of Sites for Socialized Housing. — After the inventory the local government units, in
coordination with the National Housing Authority, the Housing and Land Use Regulatory Board, the
National Mapping Resource Information Authority, and the Land Management Bureau, shall identify
lands for socialized housing and resettlement areas for the immediate and future needs of the
underprivileged and homeless in the urban areas, taking into consideration and degree of availability of
basic services and facilities, their accessibility and proximity of jobs sites and other economic
opportunities, and the actual number of registered beneficiaries.
Government-owned lands under paragraph (b) of the preceding section which have not been used for
the purpose for which they have been reserved or set aside for the past ten (10) years from the
effectivity of this Act and identified as suitable for socialized housing, shall immediately be transferred
to the National Housing Authority subject to the approval of the President of the Philippines or by the
local government unit concerned, as the case may be, for proper disposition in accordance with this Act.
Sec. 13. Valuation of Lands for Socialized Housing. — Equitable land valuation guidelines for socialized
housing shall be set by the Department of Finance on the basis of the market value reflected in the
Zonal valuation, or in its absence, on the latest real property tax declaration.
For site already occupied by qualified Program beneficiaries, the Department of Finance shall factor into
the valuation the blighted status of the lands as certified by the local government unit or the National
Housing Authority.
Sec. 21. Basic Services. — Socialized housing or resettlement areas shall be provided by the local
government unit or the National Housing Authority in cooperation with the private developers and
concerned agencies with the following basic services and facilities:
The provisions of other basic services and facilities such as health, education, communications, security,
recreation, relief and welfare shall be planned and shall be given priority for implementation by the local
government unit and concerned agencies in cooperation with the private sector and the beneficiaries
themselves.
The local government unit, in coordination with the concerned national agencies, shall ensure that these
basic services are provided at the most costefficient rates, and shall set as mechanism to coordinate
operationally the thrusts, objectives and activities of other government agencies concerned with
providing basic services to housing projects.
Sec. 28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or
demolition, however, may be allowed under the following situations:
(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and
playgrounds;
(b) When government infrastructure projects with available funding are about to be implemented;
or
(c) When there is a court order for eviction and demolition.
In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the
following shall be mandatory:
(1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction
or demolition;
(2) Adequate consultations on the matter of settlement with the duly designated representatives of
the families to be resettled and the affected communities in the areas where they are to be
relocated;
(3) Presence of local government officials or their representatives during eviction or demolition;
(4) Proper identification of all persons taking part in the demolition;
(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays
and during good weather, unless the affected families consent otherwise;
(6) No use of heavy equipment for demolition except for structures that are permanent and of
concrete materials;
(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of
law enforcement and observe proper disturbance control procedures; and
(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of
eviction and demolition pursuant to a court order involving underprivileged and homeless
citizens, relocation shall be undertaken by the local government unit concerned and the
National Housing Authority with the assistance of other government agencies within forty-five
(45) days from service of notice of final judgment by the court, after which period the said order
shall be executed: Provided, further, That should relocation not be possible within the said
period, financial assistance in the amount equivalent to the prevailing minimum daily wage
multiplied by sixty (60) days shall be extended to the affected families by the local government
unit concerned.
This Department of the Interior and Local Government and the Housing and Urban Development
Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above
provision.
Sec. 29. Resettlement. — Within two (2) years from the effectivity of this Act, the local government
units, in coordination with the National Housing Authority, shall implement the relocation and
resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and in other public places as sidewalks, roads, parks, and
playgrounds. The local government unit, in coordination with the National Housing Authority, shall
provide relocation or resettlement sites with basic services and facilities and access to employment and
livelihood opportunities sufficient to meet the basic needs of the affected families.
Sec. 34. Promotion of Indigenous Housing Materials and Technologies. — The local government units, in
cooperation with the National Housing Authority, Technology and Livelihood Resource Center, and other
concerned agencies, shall promote the production and use of indigenous, alternative, and low-cost
construction materials and technologies for socialized housing.
Sec. 39. Role of Local Government Units. — The local government units shall be charged with the
implementation of this Act in their respective localities, in coordination with the Housing and Urban
Development Coordinating Council, the national housing agencies, the Presidential Commission for the
Urban Poor, the private sector and other nongovernment organizations.
Sec. 43. Socialized Housing Tax. — Consistent with the constitutional principle that the ownership and
enjoyment of property bear a social function and to raise funds for the Program, all local government
units are hereby authorized to impose an additional one-half percent (0.5%) tax on the assessed value of
all lands in urban areas in excess of Fifty thousand pesos (P50,000).
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the
private sector, a continuing program of urban land reform and housing which will make available at
affordable cost, decent housing and basic services to under-privileged and homeless citizens in
urban centers and resettlement areas. It shall also promote adequate employment opportunities to
such citizens. In the implementation of such program the State shall respect the rights of small
property owners.
Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except
in accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with
them and the communities where they are to be relocated.
CHAPTER III
Intergovernmental Relations
ARTICLE I
National Government and Local Government Units
(a) Consistent with the basic policy on local autonomy, the President shall exercise general
supervision over local government units to ensure that their acts are within the scope of their
prescribed powers and functions.
The President shall exercise supervisory authority directly over provinces, highly urbanized
cities, and independent component cities; through the province with respect to component cities
and municipalities; and through the city and municipality with respect to barangays.
(b) National agencies and offices with project implementation functions shall coordinate with one
another and with the local government units concerned in the discharge of these functions. They
shall ensure the participation of local government units both in the planning and implementation
of said national projects.
(c) The President may, upon request of the local government unit concerned, direct the
appropriate national agency to provide financial, technical, or other forms of assistance to the
local government unit. Such assistance shall be extended at no extra cost to the local
government unit concerned.
(d) National agencies and offices including government-owned or controlled corporations with
field units or branches in a province, city, or municipality shall furnish the local chief executive
concerned, for his information and guidance, monthly reports including duly certified budgetary
allocations and expenditures.
8. Boracay Foundation vs. Province of Aklan (G.R. No. 196870), 2012 Decision
Annex I
Proclaims that:
Principle 1
Principle 2
States have, in accordance with the Charter of the United Nations and
the
principles of international law, the sovereign right to exploit their own
resources pursuant to their own environmental and developmental policies,
and
the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction.
Principle 3
Principle 4
Principle 5
All States and all people shall cooperate in the essential task of
eradicating poverty as an indispensable requirement for sustainable
development, in order to decrease the disparities in standards of living
and
better meet the needs of the majority of the people of the world.
Principle 6
Principle 7
Principle 8
Principle 9
Principle 10
Principle 11
Principle 13
Principle 14
Principle 15
Principle 16
Principle 17
Principle 18
Principle 19
Principle 20
Principle 21
The creativity, ideals and courage of the youth of the world should be
mobilized to forge a global partnership in order to achieve sustainable
development and ensure a better future for all.
Principle 22
Principle 23
Principle 24
Principle 25
Principle 26
Principle 27