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Planning 3 DG FN-04

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PACLEB, BILL KIMPERT APL 423

15-UR-0499 PLANNING03

1) LAND USE PLANNING OF THE PHILIPPINES


-Refers to the rational and judicious approach of allocating available land resources to
different land using activities and for different
functions consistent with the overall development
vision/goal of a particular city.
-Refers to the manner of utilization of land,
including its allocation, development and
management.
Land Use Planning Definitions
Refers to a document embodying a set of policies
accompanied by maps and similar illustrations
which represent the community desired pattern of
population distribution and a proposal for the
future allocation of land to the various land-using
activities.

3 INTERLOCKING DIMENSIONS OF LAND USE PLANNING


 TECHNICAL DIMENSION
 POLITICAL DIMENSION
 IDEOLOGICAL DIMENSION

LAND AND THE FILIPINO

Private interest in land in the Philippines is so pervasive that the welfare objectives upon
which land use planning is founded like:
• distributive justice
• equitable access to benefits of land use
• land as natural resource and not as commodity of trade
Are confined to the realm of rhetoric. Untrammeled private
interest in land has two manifestations:
• Highly Skewed pattern
• A Weak State.

SKEWED LAND OWNERSHIP


The owner inevitably delegates production tasks to agents.
Two options are available:
• first, the owner hires and supervises wage labor;
• second, the owner delegates operations to a tenant-cultivator
THE ACCUMULATOR
• Acquires land by all means, fair and foul, with frenzy of one
racing against the setting sun.
THE DISPOSSESSED
• Seek to acquire whatever land there is from any source
including traders in “rights” over lands they have no right to sell
in the first place.
• Once they acquired “title” to their hand land, they defend their
possession literally to the death
• To acquire land has become an obsession, to at least have a
share of this earth, a little place they can call their own.
• To the Filipino LAND is LIFE.
PRE-COLONIAL PRACTICE
• Land belong to the family, clan, tribe, or barangay held in
trust for the group by the head.

• Every member who wanted to use land and was able to


work it had automatic right of access, which right he lost
once he was unable to use or work the land.

ENTER THE SPANIARDS


It was the Spaniards who introduced the “REGALIAN
DOCTRINE” by virtue of which all lands belonged to
the king because he had invested in the expedition of
discovery, conquest and pacification.
• Thenceforth, ownership of land was a right or privilege
bestowed by the king to the king to the natives.
• Thus, the Filipino lost their ancestral rights to land.
THE RISE OF THE NATIVE PRINCIPALIA
Filipino society there were natural leaders whose authority was recognized by the group and
which was passed on to their heirs. Native principalia were given formal positions as:
• GOBERNADORCILLOS (in town)
• ALCALDES (in province)
In return of their services of collecting taxes and organizing forced-labor gangs the received
land grants.
Native principalia became the actual owners of erstwhile common lands now transformed into
crown lands.
LAND ACQUISITION
“that in any acquisition or conquest personally liberty and private property, whether of
individuals or corporations, existing at the time of acquisition, were to be respected”
“free men and might not be slaved. Their land and property were their own and might not be
taken from them save by fair and willing sale”
THE CUSHANERS
• Refers to the native principalia as “opportunistic Judases
who betrayed their people by selling their communal lands”
• Thus, from their position of authority the principalia class
took quick advantage of the new economic and political
reality to sell lands which were not theirs to sell”
• Land sales were unfair and abusive.
• LEASE-PURCHASE (pacto de retroventa) – wherein the
native seller often failed to buy back the leased property, and outright land-grabbing or
usurpation through fraudulent survey and complicated court proceedings.
THE NEW ELITE
New social structure
• Absentee Landowners – mostly the friar orders. They hired salaried administrators who ran
the estates and received rent from the renters.
• The Renters – were of two types:
Small Inquilinos
Big Inquilinos
• Aprarceros – who came from the army of landless vagamundos and worked on the estate as
salaried workers or share croppers.

AMERICAN STYLE LAND REFORM


The program of redistribution to the tenants
would allow them to become owners in 25
years.

TORRENS TITLE SYSTEM


• The title in this system of the grantee or transferee is
made binding against the whole world, including the
government, as soon as the deed of transfer of deeds.

• This makes the “title” a most sought after instrument to


prove one’s possession and a security against any possible
dispossession.

LAND CLASSICATION
• Public Land Act (Commonwealth Act 141) of 1936 – lands in the public domain were
classified in to timberlands, mineral lands, and agricultural lands (otherwise known as
alienable and disposable).
• Methods of disposition
 Homestead settlement
 Open bidding
 Lease
REAL ESTATE BUSINESS
• Spanish – practice was for the landlord to designate a
certain section of his property where tenants could build their
own houses and in return pay rent to the landlord.
•American – practice of land subdivision and the business of
selling subdivided lots. Soon they were selling land retail and
due to increasing demand even rice paddies, zacate fields,
fishponds and similar areas were being converted to
subdivisions.
TWO TYPES OF LANDED INTEREST
• Traditional agriculture state
• Large urban real estate business

Both wings of the landed interest are strongly represented in, or make powerful lobby in the
halls of legislative bodies from the national down to the local level.
A WEAK STATE
THE STATE AS MANAGER OF LAND RESOURCES
•Land classification and Titling system
•General Land Classification System
o Old Land Classification System
o New Land Classification System
UNEQUAL PRIVILEGES
The state has bestowed unequal privileges in the exploitation of natural resources on one
hand, and has allowed encroachment of protective areas by the marginalized families, on the
other.
o Fees and charges
o Poverty and affluence
o Timber Lease Agreement
SPECULATIVE TRADING IN LAND
Private developers and dealers make profits from land transaction or by producing and
selling serviced lots as a commodity trade.

Marcos Administration
 Urban Land Reform Law (PD 1517)
 President Marcos (Proclamation No. 1893)
 President Marcos (Proclamation No. 1967 on May 14 1980)
SPECULATIVE TRADING IN LAND
Aquino Administration
 Aquino Government was to execute the coup de grace.
 The urban land reform law (PD 1517) was replaced with the “Urban Development and
Housing Act of 1992 (RA 7279)”. The new law recites the welfare objectives of PD
1517
WELFARE AS RHETORIC
In the Philippines, it would seem that the concept of private property is gradually changing
 1935 Constitution Was overly protective of private property rights. 1973 Constitution
 The concept of social responsibility in private property ownership was introduced for
the first time. 1987 Constitution
 The use of property bares a social function and all economic agents shall contribute to
the common good.
PERIOD OF MARTIAL LAW (the 1970s and early 1980s)
Provided the atmosphere and impetus for the technocrats to contribute to the rhetoric of
social reform. Urban Land Reform Law (PD1517) of 1978
Innovative Planning Techniques: Land Acquisition Innovative Land Disposition Techniques
THE POLITICS OF LAND USE PLANNING
Two contrasting realities:
The primacy of private interest in land
Social welfare posturing of elements of the bureaucracy
• 1973 and 1987 Constitutions – mandated of the state to regulate the use of, among other
actions on, land is explicitly provided in two successive constitutions.
• National Land Use Act – prepared to serve as a framework for the comprehensive
regulation of land use.
•Codes of Laws – covering the use and exploitation of forestlands, mineral lands, fishery
resources, and agricultural areas.
•Comprehensive Land use regulatory framework includes regulation of the private domain
which legislators, both local and national, are reluctant to enact because it will hurt their own
interest
• Functions of Local Legislative bodies: “Prescribe reasonable limits and restraints on the
use of property” with their respective territorial jurisdiction.
• In the Philippine society the bigger one’s property the bigger one’s voice.
•Town and country Planning Act of 1947: Everyone, regales of position or station in life, is
required to secure planning permission from the local planning office before developing their
property.
• Zoning Officer is often powerless to stand up to pressures (or the price) offered by the
powerful.
• Retained Functions: If the regulation of the private domain is left entirely in the hands of
local government, the regulation of lands in the public domain which constitute a significant
portion of any LGU territory is retained by the national government.
CO-MANAGEMENT OF THE ENVIRONMENT
• 1991 Local Government Code (RA7160) LGUs are mandated to co-management with the
national government the natural resources and the environment through the mechanism of

devolution of DERN-functions.
• LGUs are subject to the “supervision, control and review” by DENR.

•DENR devolved functions classified under the five sectoral areas:


To the Province
To the Municipalities
To the Cities
To the Barangay

CO-MANAGEMENT ANCESTRAL DOMAINS


• The responsibility for ancestral domains is given by
law (RA8371) to the National Council for Indigenous
Peoples (NCIP).
• The implementation of the Indigenous People’s Rights Act (IPRA) is undergoing institutional
birth pains, including a challenge to the constitutionality of the law which left the Supreme
Court in deadlock.
•Ancestral domains from a significant part of LGU territories and the IP population an equally
significant portion of some LGUs’ population.
• The approaches and processes of integrating the management plans of ancestral domains
into LGUs comprehensive plan, as well as the modalities of LGUNCIP co-management of
ancestral domains are undergoing a process of research and development.
LAND USE PLANNING IN PRACTICE
• Land use planning, as a technical exercise directly involving local governments can be said
to have taken off in the latter half of the 1070s when the massive programs of assistance on
town planning were launched.
• National Coordinating Council for Town Planning, Housing and Zoning (NCC-TPHZ) was
organized to assist cities and major urban centers in the preparation of town plans and zoning
ordinance.
In two years’ time, 159 LGUs received assistance. The program stopped in 1979.
• Human Settlements Regulatory Commissions (HSRC) continue the assistance unilaterally.
oBy the end of 1980, a total of 347 more LGUs availed themselves of the assistance.
•In July 1980, another inter-agency assistance program was launched
By end-1983 another set of 663 LGUs were assisted. The program continued until the EDSA
uprising in 1986.
• Thereafter, a new program of assistance, the Local Planning Program, led by the
Department of Interior and Local Government (DILG) was launched.
As of March 2001, between 70% and 80% of LGUs nationwide have already prepared their
town plans and zoning ordinance.
Current Issues of the Land Use Planning and Management System
In theory, the interplay of plans and hierarchies in the Philippine planning system has been
well defined for many years. In reality, the system has been characterized by multiple policies
of different authorities with overlapping mandates.
For example, large portions of Philippine land are classified as forest land, and are managed
through Forest Land Use Plans under the mandate of the Department of Environment and
Natural Resources. This separation of types of land hinders municipal planners to integrate
this land into comprehensive land use planning and thus largely excludes residents using
these lands from the provision of municipal public services.
Vertical frictions in the planning system occur, due to the timely misalignment of different
plans and incomplete information exchange between agencies. The CLUPs are supposed to
be harmonized with the Provincial Development and Physical Framework Plan—frequently
not sufficiently achieved in either direction. At the same time, inputs provided by a Barangay
Development Plan, mandated by the Department of the Interior and Local Government, are
supposed to be incorporated into the planning goals of the CLUP. In the absence of a
formulated Barangay Development Plan, the CLUP can thus only assume barangay planning
goals, which reduces the quality of local representation.
Horizontal frictions occur due to the misalignment of the CLUP and the Comprehensive
Development Plans (CDP)—both municipal level plans. In theory, the CLUP is
operationalized in the CDP, followed by integration into investment plans and transfer into
municipal budgeting. This linkage of aligning spatial and socio-economic development goals
with budgetary planning

PACLEB, BILL KIMPERT APL 423


15-UR-0499 PLANNING03
often lacks coherence. The process of developing and updating CLUPs is lengthy and the
approval process can be extensive. Hence, municipal executives often rely solely on the CDP
for quick project implementation. These inconsistencies in the planning process leave greater
leeway for politicized decisions and ad hoc project prioritizations by powerful executives or
local political elites, in which, for example, political supporters are more likely beneficiaries of
projects and the disbursement of funds. In extreme cases, vested interests of executive
officers and influential landowners block the formulation and approval of zoning ordinances as
well as implementation according to plans.
Main hindering factors for successful CLUP formulation, updating and implementation are:
Frictions and political interference; complexity in planning policies; rivalling mandates; limited
capacities of local governments; as well as tenure conflicts. Consequently, HLURB estimated
in 2012 that 70% of municipalities had no or outdated land use plans (GIZ and ANGOC,
2014). A DEval survey of Municipal Planning and Development Offices in the Visayas region
in 2016 found that while 84 out of 100 municipalities had land use planning documents, only
37 had been approved by the Provincial Land Use Committee. A share that is likely even
lower countrywide because almost half of those municipalities received additional support for
CLUP development.

2) REGIONAL PLANNING
Significant People
DANIEL H. BURNHAM - was an American architect and urban designer. Burnham took a
leading role in the creation of master plans for the development of a number of cities,
including Chicago, Manila and downtown Washington, D.C.
WILLIAM E. PARSONS - was an architect and city planner known for his works in the
Philippines during the early period of American colonization in the country. He was the
successor of Burnham.
FELINO A. PALAFOX Jr. - a prominent Filipino architect, urban planner and environmentalist.
Terminologies
Poblacion – Population/ town.
Sanitary Barrios – favorable to health; free from dirt, bacteria, etc.
Spanish Armada – A Spanish fleet of 130 ships that sailed from A Coruña in August 1588,
under the command of the Duke of Medina Sidonia
Atu – or a Ward.
Tagalogs – or Taga-ilog/ River dwellers.
Maranaw – Lake dwellers.
Balanghay – Known as Barangay.
Significant Events
Pre-colonial Era
Natives' communities were either near the
bodies of water or dispersed around the
land they cultivated for farming.
There existed a kingdom of Moros located
along the banks of the Pasig 200 years
prior to the coming of the Spaniards. This
group of people which was later headed
by Sulayman established the city of
Manila and protected it with fortifications
against the foreign invaders. When the
Spanish armada came, the Moros resisted
but were overwhelmed by the power of
the former's forces. When rebuilding the
city after the ravages of war, the Spanish colonists employed local materials, technology, and
craftsmen. Some of the known geniuses in their craft were Panday-Pira and "El Admirante."
El Admirante was commissioned to undertake the construction of the walled city of
Intramuros.
Other groups of people around the archipelago displayed their own distinctive patterns of
planning their settlements.
SPANISH ERA
This code, which was applied
successfully to the Spanish colonies in
the Americas, was known as the Laws
of the Indies. The law provided
guidelines for site selection; layout and
dimension of squares, streets and
other land uses; and the main phases
of planning and construction. Details
were also written pertaining to the
location of the principal buildings,
recreation spaces, cultivation and
pasture lands, and sites for garbage-
producing uses.
The law is based on the Greco-Roman
Renaissance design principles, it
favored the use of the gridiron pattern
in the establishment of roads and
blocks. The instruction of the Laws of
the Indies further aims at providing
health, safety, order, and beauty.
In the late 16th century the Jesuits established the reducciones policy, which was aimed to
gather dispersed communities "under the bells."
The city of Manila became the colonial Capital during the time of Legaspi. Although Spanish
architects and engineers envisioned Manila as a city of stone, she rather was developed into
a city of fortification. The Manila Bay was palisaded to protect the city from Chinese pirates
[led by Limahong] and other foreign invaders as well as the Muslim and Japanese inhabitants.
This was the precedent of the construction of Intramuros, which was a self-contained city
"within walls."
Urban design by the Spaniards left a lasting physical mark in the landscape of Philippine
cities [as there was an emphasis on the use of stones for building].
Spanish town planning was principally done "first for the purpose of defense and second for
grandeur…. Housing was not considered at all, as a public responsibility… The badly-housed
were not the concern of the municipality". Regional planning was nonexistent. What only has
been done was the establishment of hierarchy of the political territories: the country is divided
into provinces [or alcaldias]; the province is divided into pueblos; and the pueblo is further
divided into barangays.
AMERICAN ERA

In Burnham's plan, there were sites allotted


for national and municipal buildings near
Intramuros, hospitals, and colleges.
Spaces were also set for a world-class
hotel, city and country clubs, a casino, boat
clubs, public baths, and the new residence
for the Governor General. Resorts were
also to be developed near Manila but the ultimate escape during the summer season would
be the city of Baguio.

POST WAR PERIOD

1946 - Interior Department created local and planning commissions composed of the
Provincial Governor, district engineer, and other local officials. The work of the new body
included the survey of local conditions and the preparation of plans to be proposed to the
Director of Public Works. Although town planning was given a boost during this period, the
practice was yet to be established as a discipline.
The problem during this pre-war period was that there was a limited pool of trained city
planners both in the local planning commissions and the Bureau of Public Works.
The Office of the President created in 1950 the National Planning Commission [NPC]. The
NPC prepared and helped administer plans and regulations for the local government. After
1959, however, some powers of the NPC like zoning, subdivision, and building regulation
were devolved to the city and municipal governments.
Philippine Planning Environment
Global Context
The country, as all other developing nations, is affected by technological advancements in
communications and transportation. The state is also affected by social phenomena such as
world trade, capitalism, and international laws.
Globalization does not only affect a developing country economically but spatially as well.
National and local planners and leaders must appreciate this fact.
National and Local Framework
In the years immediately after the war, the government formed the National Urban Planning
Commission [NUPC]. Thereafter, another body was created: National Planning Commission.
This new organization combined the functions of the NUPC and the Capital City Planning
Commission. Successive reorganization led to the formation of the following planning bodies:
Ministry of Settlements, Task Force on Human Settlements, Housing and Urban Development
Coordinating Council, and Department of Housing and Urban Development.
Local government enjoyed planning autonomy as early as 1959. Powers like zoning,
subdivision, and building regulation were devolved to the cities and municipalities from the
NPC. Later, legislation like the Local Government Code [RA 7160] and the Housing and
Urban Development Act [RA 7279] further developed the capabilities of the local government
units [LGUs].
Of Land and Laws
Executive Order 71 [1993] seeks to ensure the efficient devolution of powers to the local
government units and provide for an orderly and smooth transition as well as definition of
future relationships between the national and local governments.
EO 71, Executive Order 72 provides for the preparation and implementation of the
Comprehensive Land Use Plans [CLUP] for the Local Government Units. These two
executive orders aim at complementing the Local Government Code of 1991 and other
pertinent laws. In addition, the local government can also reclassify agricultural lands to other
uses by virtue of Memorandum Circular 54 of 1993.
The Philippine Constitution of 1987
In Section 9, it declares that "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."
In Section 10 it continues that "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."
The Urban Land Reform Law [PD 1517] it states that "it is the policy of the State to liberate
human communities from blight, promote their development and modernization, and bring
about the optimum use of the land as a national resource for public welfare." Although not
clear if it repeals PD 1517, the Urban Development and Housing Act, otherwise known as
Republic Act 7279, was passed in 1992. However, the spirit of this law is too philanthropic as
it basically promises provision of housing for the homeless citizens.
Presidential Decree 957 of 1976, which mandates the protection of subdivision and
condominium buyers.
[PD 1344] was enacted empowering the National Housing Authority[NHA] to regulated and
police the real estate trade and business.
In 1982, Batas Pambansa 220 authorized the Ministry of Settlements to urge the private
sector to provide "economic and socialized housing" for the middle and lower income earners.
Issues pertaining to land use include the land reclassification and conversion to other use.
Executive Order 124 of 1993 serves as a guide to the procedure of land evaluation for
conversion.
Aside from reacting to the issues of land of land use, the Congress was also quick to answer
the problems posed by the real estate developers. The response was the Executive Order
184, which is a directive to create socialized housing center one-stop processing centers to
facilitate the processing and issuance of permits, clearances, certifications, and licenses
appropriate and necessary for the implementation of socialized housing projects.
The problem of squatting or the unlawful occupation of land duly owned by another person or
organization is another problem faced by city planners. In 1997, Republic Act 8368 repealed
Republic Act 772, which is entitled "Penalizing Squatting and Other Similar Acts." The new
law, which was passed during the Ramos administration, decriminalizes squatting in all its
forms.
A strategy for building up capability for regional planning and development is the
establishment of an authority that will administer the development of a special region. This
idea is exemplified by Republic Act 7924, which is "an act creating the Metropolitan Manila
Development Authority [MMDA], defining its powers and functions, providing funds therefore
and for other purposes." The powers of the MMDA include development [physical] planning,
transport and traffic management, solid waste disposal and management, flood control and
sewage management, urban renewal and zoning, health and sanitation, and upholding of
public safety.
Social Planning
Laws like the Clean Air Act and others were passed to answer these problems, but there has
been a lag in their implementation.
Physical Planning
In the cities of other countries, rivers and other bodies of water were an important element of
the city. Filipino planners and leaders possessed and understood the same vision, the cities
across the archipelago would have been developed into urban satellites enjoying
commercially viable ports.
STRATEGIES IN URBAN REGIONAL PLANNING

PACLEB, BILL KIMPERT APL 423


15-UR-0499 PLANNING03

3) ENVIRONMENTAL PLANNING

Formation of the organization


The need to form an organization such as the PIEP was generated by a series of events
which led to the demand for and recognition of a new field of expertise – planning. These
events included the following:
Establishment in 1965
The establishment in 1965 of the Institute of Environmental Planning (IEP) (now the School of
Urban and Regional Planning) as an academic unit of the University of the Philippines by
virtue of R.A. 4341 and the subsequent offering of a graduate program in planning in 1967.
The IEP was mandated, among others to “make available a pool of professional urban and
regional planners to carry out the national policy of comprehensive planning and
development;
1968 Joint resolution
The adoption of a joint resolution in June 1968 by the Congress of the Philippines declaring
the national policy of comprehensive environmental planning to effectuate the conservation,
rehabilitation and development of human settlement and the natural environment through
comprehensive integrated planning and management.
1969 Three landmark studies
The launching of three landmark studies in early 1969, jointly by the Institute of Planning and
the Department of Public Works Transportation and Communications, with UNDP Technical
Assistance, namely: The Physical Framework Plan of the Philippines, the Manila Bay Design
Framework Plan and the Mindanao Design Framework Plan.
1968-1988: The First 20 years
A Planning Council: the Early Beginnings of a Planning Profession Group
The Provisional Body for Environmental Planners which was the predecessor of PIEP was
the Council of Environmental Planners which first met 42 years ago in 1969.
It had a very brief life of several months. It had nine (9 ) founding members namely Angel
Nakpil, Leandro A. Viloria, Serafin Aquino, Luis Ma. Araneta, Honorato Paloma, Cesar Conco,
Manuel Manosa, Geronimo Manahan and Asteya Santiago. Of these founding members 9,
only 2 were non-architects who were faculty members of the then Institute of Planning which
started to offer courses in physical planning in 1969.
These abovementioned members would later form also the original founding members of the
PIEP when it was formally organized.
The Council held three organizational meetings, preceeded by informal meetings to draft the
charter and by-laws of the envisioned professional organization.
The first organizational meeting was where the main agenda was “Intent to Reorganize, and
determination of the Organization. The second organizational meeting ( there was little data
on the first meeting and will have to consult the then Acting Secretary , GV Manahan or the
Acting President Manuel Manosa) of the Council which was was held on March 2, 1969. This
was presided over by Manuel Manosa while Geronimo Manahan acted as Secretary. An
important part of the agenda was the presentation of the Constitution and By-Laws which was
approved in principle in the preceding meeting. Another item in the agenda was for the
creation of a Committee to finalize the format of the Constitution and By-Laws for eventual
ratification.
The proposed charter and by-laws were first presented in this meeting which were approved
in principle These were approved in principle and the consensus was that these documents
were to be presented in the third organizational meeting to be held on March 06, 1969. Dr.
Viloria suggested that the Constitution and By-laws include a transitory provision embodying
the Constitution of the provisional Council and the interim provisions and policies in
membership qualifications. However, Mr. Nakpil moved that the body consider a permanent
council in lieu of a provisional one and let the profession of the Constitution and By-Laws be
transitory. These were approved in principle and the consensus was that these documents
were to be presented in the third organizational meeting to be held on March 06, 1969.  The
term INSTITUTE to identify the organization was approved unanimously.
The third meeting of the Council took place on 6 March 1969, a year (?) after the Council first
came into being. During the third organizational meeting, Mr. Manosa summarized the efforts
to organize such a professional group as initiated by Angel Nakpil and Walter Geoffrey
Faithfull. He recalled that the initial meetings were held to draft the charter and by laws which
were approved in principle as presented in the second organizational meeting. It was in this
third organizational meeting that The members unanimously approved that the organization
be called an Institute.
The officers first elected were Geronimo Manahan a Secretary, Luis Ma. Araneta as
Treasurer, Leandro A, Viloria as Vice President. Angel Nakpil became the first President of
the PIEP, replaced Manuel Manosa who was the interim presiding officer.
Various committees were constituted to take charge of the various concerns of the
organization. These committees were the Committee on the Constitution and By-Law headed
by Cesar Concio; Membership Committee, Serafin Aquino; Executive Committee- President
Nakpil; Finance Committee headed by Luis Ma. Araneta and Public Relations Committee, by
Leandro A. VIloria. Committee on Programming, Angel Nakpil;Committee on Professional
Practice, chaired by Honorato Paloma, Committee on Education and Reearch, none was
designted since there was not urgent need for it.
This discussion raises the following questions where the answers are not available in the
materials reviewed. What was the so-called Council? What were its beginnings? Who
composed it and when and how did it get organized? How did it get transformed into the
present PIEP? Data for this is incomplete and rather sketchy, but it reveals the first skeletal
outline of the formation of the PIEP. To fill up this gap, there is need to conduct interviews
with those who may have the institutional memory on this.
The Importance of a Planning Profession Organization
An important document which reveals some information on the triggering factors for taking the
initiative to organize a professional organization for planners is the letter of Mr. Geoffrey
Faithful to the then regional urban planner of the National Planning Commission (NPC). The
NPC was the then national planning organization made responsible for national and local
planning in the country. It was created by E.0. 98 in 1946 and had the primary objective of
rehabilitating the country from the damage caused to towns and cities during World War II.
In his letter to Mr. Ricardo Mendoza, Chief Regional Urban Planner of the NPC, Mr. Faithfull
(the then UNDP Consultant on Planning based in the Institute of Planning in U.P.), dated 19
July, 1967, he underscored the importance of a professional association. He said, "a
professional association can do much to foster improved practice, education, training and
public and political acceptance, understanding and support." While he admitted that the
profession is not new in the Philippines, "the number of practitioners is limited, as is their
support and understanding." He also cited the role of the Institute of Planning, underscoring
the fact that its full impact will not be made "unless professional planners play their part "who
should join together in a properly constituted professional organization, for it to be fully
effective."
At this time, two organizations, according to Mr. Faithfull, already existed, namely the League
of City and Regional Planners and the Regional Science Organization. The first had as
secretary a Mr. Garcia (no first name mentioned) while the second involved Mr. Constancio
Ancheta of the National Economic Council (NEC).
Mr. Faithfull exhorted Mr. Mendoza in the same letter to give thought to the early formation of
an official professional organization for planners.
An equally important document regarding the professional organization if the Official Paper of
the U.P. Institute of Planning, dated 3 March, 1969 (entitled "Opinion on the Philippine
Institute of Environmental Planners") where the proposal was made that the proposed PIEP,
instead of a Board of Examiners for Planners, be given the sole responsibility of examining
and recognizing directly or indirectly, the professional entering into the practice of planning in
the country. The PIEP can be directed by legislation to handle the entrance examinations or
any other set-up devised to regulate planning practice in the Philippines. The matters required
for administration and registration purposes cqn be handled by any government agency such
as the professional and vocational registration of the Revised Administrative Code. The Paper
pointed to the rationale for organizing this group which is "to discourage the formation of
splinter groups" which according to this position paper "may retard the rapid development of a
planning philosophy for the country, if not the fragmentation of a unified planning ideology."
The Paper warned that "without any unique planning ideology or philosophy, planning as a
profession will not flourish in the country".
Drafting of legislation to govern Planning Practice
In a Memorandum to Dean Leandro A. Viloria by a Committee of the members consisting of
Professors Asteya Santiago, Gerardo Calabia and Eloisa Litonjua, it recommended that
the Committee on Professional Practice of the PIEP draft the bill "which shall govern the
practice of the planning profession which shall then lay down provisions on the matter of
licensing and regulating the practice, code of ethics and professional conducts, schedule of
fees etc." This was in response to the request of Professor Honorato Paloma, chairman of the
Committee on Professional Practice of the PIEP for definition and clarification of the nature
and extent of the planning activities of the UP Institute of Planning (Memorandum to Dr.
Leandro A. Viloria, dated October 12, 1971 by the Committee to study the request for
clarification of Professor Honorato Paloma chaired by Asteya Santiago).
Organization of the Board of Environmental Planners
Section 4 of PD 1386 provided for the creation of a Board of Environmental Planning, stating
that "within 30 days after the approval of this Decree, there shall be created a Board of
Environmental Planning, hereinafter referred to as the Board, which shall be composed of a
chairman and two (2 members). They are to be appointed by the President of the
Philippines from among those recommended by the Philippine Institute of Environmental
Planners.
PIEP elected its officers from among the members of the Council which was the predecessor
of the Board of Directors of the PIEP. These officers were Angel E.Nakpil as President,
Leandro A.. Viloria as Vice President, Luis Ma. Araneta as Treasurer and Geronimo Manahan
as Secretary. Several Committees were created namely the Committee on Constitution and
By-Laws (which was made responsible for handling the registration with the Securities and
Exchange Commission aside from finalizing the Constitution and By-laws of the body), the
Membership Committee, the Executive Committee, the Finance Committee, and Public
Relations Committee; and several committee on Programming, Professional Pracitce and on
Education and Research.

REPUBLIC ACT No. 10587


AN ACT REGULATING THE PRACTICE OF ENVIRONMENTAL PLANNING, REPEALING
FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED ONE THOUSAND THREE
HUNDRED AND EIGHT, ENTITLED "LAW REGULATING THE ENVIRONMENTAL
PLANNING PROFESSION IN THE PHILIPPINES", AND FOR OTHER PURPOSES

Section 5. Scope of Practice. – The practice of environmental planning, within the meaning
and intent of this Act, shall embrace the following:

(a) Providing professional services in the form of technical consultation, rendering of


technical advice, plan preparation, capacity building and monitoring and evaluation of
implementation involving the following:

1. National, regional or local development and/or physical framework and comprehensive


land-use plans;

2. Zoning and related ordinances, codes and other legal issuances for the development
and management, preservation, conservation, rehabilitation, regulation and control of the
environment, including all land, water, air and natural resources;

3. Planning and development of a barangay, municipality, city, province, region or any


portion or combination thereof; and

4. Development of a site for a particular need or special purpose, such as economic or


ecological zones; tourism development zones; and housing and other estate development
projects, including the creation of any other spatial arrangement of buildings, utilities,
transport and communications;

(b) In relation to any of the activities enumerated in paragraph (a) above, preparing the
following studies:

1. Pre-feasibility, feasibility and other related concerns;

2. Environmental assessments; and

3. Institutional, administrative or legal systems;

(c) Curriculum and syllabi development in licensure examinations for environmental


planners and teaching in academic institutions and conducting review courses in
environmental planning;

(d) Serving as expert witness, resource person, lecturer, juror or arbitrator in hearings,
competitions, exhibitions and other public fora; conduct of hearings, competitions, exhibits
and other public fora;

(e) Ensuring compliance with environmental laws including the acquisition of regulatory
permits.

The Professional Regulatory Board, subject to approval of the Professional Regulation


Commission, may add to, or exclude from, this section any activity or act of professional
practice, or revise it as the need arises to conform to changes and new developments
brought about by the latest trends in environmental planning; and

(f) Perform other acts or conduct other activities that may be determined by the Board,
subject to approval by the Professional Regulation Commission in light of the trend of the
practice of the profession.

4) ENVIRONMENTAL CODE OF THE PHILIPPINES

Presidential Decree No. 1152, s. 1977


PHILIPPINE ENVIRONMENT CODE
Short Title. — This Decree shall be known and cited as the “Philippine Environment Code.”
TITLE I
Air Quality Management
Purposes. — The purposes of this Title are:
a) to achieve and maintain such levels of air quality as to protect public health; and
b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal
life and property, and promote the social and economic development of the country.
CHAPTER I
Standards
Ambient Air Quality Standards. — There shall be established ambient air quality
standards which shall prescribe the maximum concentration of air pollutants permissible in
the atmosphere consistent with public health, safety and general welfare.
In the establishment of ambient air quality standards, factors such as local atmospheric
conditions, location and land use, and available technology, shall be considered among
others.
National Emission Standards. — There shall be established national emission standards
for new and existing stationary and mobile sources of pollution which shall consider among
others such factors as type of industry, practicable control technology available, location
and land use, and the nature of pollutants emitted.
Community Noise Standards. — Appropriate standards for community noise levels shall
be established considering, among others, location, zoning and land use classification.
Standards for Noise-Producing Equipment. — There shall be established a standard for
noise producing equipment such as construction equipment, transportation equipment,
stationary engines, and electrical or electronic equipment and such similar equipment or
contrivances. The standards shall set a limit on the acceptable level of noise emitted from a
given equipment for the protection of public health and welfare, considering among others,
the magnitude and condition of use, the degree of noise reduction achievable through the
application of best available technology and the cost of compliance.
The Installation of any noise-producing equipment shall conform with the requirements of
Presidential Decree No. 1096 and other applicable laws as well as their implementing rules
and regulations.
Aircraft Emission and Sonic Booms. — Appropriate government agencies shall
encourage research studies on the harmful effects of aircraft emissions in the environment
in order to establish permissible emission standards.
Research and studies shall also be undertaken to mitigate and/or minimize the effects of
sonic booms in the environment.
Regulation and Enforcement
Air Quality and Noise Standards. — The National Pollution Control Commission in
coordination with appropriate government agencies shall be responsible for the
enforcement of ambient air quality emission and noise standards, including the monitoring
and surveillance of air pollutants, licensing and permitting of air pollution control facilities,
and the promulgation of appropriate rules and regulations.
Existing air quality emission and noise standards may be revised and/or modified
consistent with new development and technology.
Aircraft Noise. — Community noise standards around airports shall be implemented by
the Civil Aeronautics Administration in coordination with the National Pollution Control
Commission.
Vehicular Emissions. — The Land Transportation Commission, in coordination with the
National Pollution Control Commission, shall implement emission standards for motor
vehicles and may deputize other appropriate law enforcement agencies for the purpose.
Radioactive Emissions. — The release and emission of radioactivity into the environment
incident to the establishment or possession of nuclear energy facilities and radioactive
materials, handling, transport, production, storage, use and disposal of radioactive
materials shall be regulated by the Philippine Atomic Energy Commission  in coordination
with other appropriate government agencies.
Monitoring
Air Quality Monitoring. — The National Pollution Control Commission, in coordination
with appropriate government agencies, shall establish to the greatest extent practicable an
air quality monitoring network. Such air quality monitoring network shall put to maximum
use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished with the results of air
quality monitoring activities.
Weather Modification. — The Philippine Atmospheric, Geophysical and Astronomical
Services Administration shall monitor regularly meteorological factors affecting
environmental conditions in order to effectively guide air pollution monitoring activities.
Activities relating to weather modification such as rainfall stimulation and storm seeding
experiments shall be undertaken in consultation and/or in coordination with the Philippine
Atmospheric, Geophysical and Astronomical Services Administration.
Water Quality Management
Purpose. — It is the purpose of this Title to prescribe management guidelines aimed to
protect and improve the quality of Philippine water resources through:
a) classification of Philippine waters;
b) establishment of water quality standards;
c) protection and improvement of the quality of Philippine water resources, and
d) responsibilities for surveillance and mitigation of pollution incidents.

Classification and Standards


Classification of Philippine Waters. — The National Pollution Control Commission, in
coordination with appropriate government agencies, shall classify Philippine waters,
according to their best usage. In classifying said waters, the National Pollution Control
Commission shall take into account, among others, the following:
a) the existing quality of the body of water at the time of classification;
b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of
stream; and
c) the most beneficial uses of said bodies of water and lands bordering them for
residential, agricultural, commercial, industrial, navigational, recreational, and
aesthetic purposes.

Reclassification of Waters Based on Intended Beneficial Use. — Where the public


interest so requires, the National Pollution Control Commission, in coordination with
appropriate government agencies, shall reclassify a body of water based on the intended
beneficial use and take such steps as may be necessary to upgrade the quality of said
water. Other government agencies may adopt higher standards for a particular body of
water, subject to the approval of the National Pollution Control Commission.
Upgrading of Water Quality. — Where the quality of water has deteriorated to a degree
where its state will adversely affect its best usage, the government agencies concerned
shall take such measures as may be necessary to upgrade the quality of such water to
meet the prescribed water quality standards.
Water Quality Standards. — The National Pollution Control Commission shall prescribe
quality and effluent standards consistent with the guidelines set by the National
Environmental Protection Council and the classification of waters prescribed in the
preceding sections, taking into consideration, among others, the following:
a) the standard of water quality or purity may vary according to beneficial uses; and
b) the technology relating to water pollution control.

Protection and Improvement of Water Quality


Enforcement and Coordination. — The production, utilization, storage and distribution of
hazardous, toxic and other substances such as radioactive materials,  heavy metals,
pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated
wastewater, mine tailings and other substances that may  pollute any body of water of the
Philippines resulting from normal operations of industries, water-borne sources, and other
human activities as well as those resulting from accidental spills and discharge shall be
regulated by appropriate government agencies pursuant to their respective charters and
enabling legislations. In the performance of the above functions, the government agencies
concern shall coordinate with the National Environmental Protection Council and furnish
the latter with such information as may be necessary to enable it to attain its objectives
under Presidential Decree No. 1121.
Clean-up Operations. — It shall be the responsibility of the polluter to contain, remove
and clean up water pollution incidents at his own expense. In case of his failure to do so,
the government agencies concerned shall undertake containment, removal and clean-up
operations and expenses incurred in said operations shall be charged against the persons
and/or entities responsible for such pollution.
Water Quality Monitoring and Surveillance. — The various government agencies
concerned with environmental protection shall establish to the greatest extent practicable a
water quality surveillance and monitoring network with sufficient stations and sampling
schedules to meet the needs of the country. Said water quality surveillance network shall
put to maximum use the capabilities of such government agencies. Each agency involved
in such network shall report to the National Environmental Protection Council the results of
these monitoring activities as the need arises.

Land Use Management


Purpose. — The purposes of this Title are:
a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land
and its resources in order to derive therefrom maximum benefits; and
b) to encourage the prudent use and conservation of land resources in order to prevent an
imbalance between the nation’s needs and such resources.
National Land Use Scheme. — The Human Settlements Commission, in coordination with
the appropriate agencies of the government, shall formulate and recommend to the
National Environmental Protection Council a land use scheme consistent with the purpose
of this Title.
The Land Use Scheme shall include among others, the following:
a) a science-based and technology-oriented land inventory and classification system;
b) a determination of present land uses, the extent to which they are utilized, underutilized,
rendered idle or abandoned;
c) a comprehensive and accurate determination of the adaptability of the land for
community development, agriculture, industry, commerce and other fields of endeavor;
d) a method of identification of areas where uncontrolled development could result in
irreparable damage to important historic, cultural, or aesthetic values, or natural systems or
processes of national significance;
e) a method for exercising control by the appropriate government agencies over the use of
land in areas of critical environmental concern and areas impacted by public facilities
including, but not limited to, airports, highways, bridges, ports and wharves, buildings and
other infrastructure projects;
f) a method to ensure the consideration of regional development and land use in local
regulations;
g) a policy for influencing the location of new communities and methods for assuring
appropriate controls over the use of land around new communities;
h) a system of controls and regulations pertaining to areas and development activities
designed to ensure that any source of pollution will not be located where it would result in a
violation of any applicable environmental pollution control regulations; and
i) a recommended method for the periodic revisions and updating of the national land use
scheme to meet changing conditions.
Location of Industries. — In the location of industries, factories, plants, depots and
similar industrial establishments, the regulating or enforcing agencies of the government
shall take into consideration the social, economic, geographic and significant
environmental impact of said establishments.
Natural Resources Management and Conservation
Purposes. — The purposes of this Title are:
a) to provide the basic policy on the management and conservation of the country’s natural
resources to obtain the optimum benefits therefrom and to preserve the same for the future
generations; and
b) to provide general measures through which the aforesaid policy may be carried out
effectively.
Fisheries and Aquatic Resources
Management Policy. — The National government, through the Department of Natural
Resources, shall establish a system of rational exploitation of fisheries and aquatic
resources within the Philippine territory and shall encourage citizen participation therein to
maintain and/or enhance the optimum and continuous productivity of the same.
Measures for National Exploitation. — Measures for the rational exploitation of fisheries
and other aquatic resources may include, but shall not be limited to, the following:
a) undertaking manpower and expertise development;
b) acquiring the necessary facilities and equipment;
c) regulating the marketing of threatened species of fish or other aquatic resources;
d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic
resources with a view of formulating guidelines for the systematic and effective
enforcement thereof; and
e) conserving the vanishing species of fish and aquatic resources such as turtles, sea
snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland
waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.
Wildlife
Management Policy. — The national government, through the Department of Natural
Resources, shall establish a system of rational exploitation and conservation of wildlife
resources and shall encourage citizen participation in the maintenance and/or
enhancement of their continuous productivity.
Measures for Rational Exploitation. — Measures for rational exploitation of wildlife
resources may include, but shall not be limited to, the following:
a) regulating the marketing of threatened wildlife resources;
b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a
view of formulating guidelines for the systematic and effective enforcement thereof; and
c) conserving the threatened species of fauna, increasing their rate of reproduction,
maintaining their original habitat, habitat manipulation, determining bag/creel limits,
population control in relation to the carrying capacity of any given area, banning of
indiscriminate and/or destructive means of catching or hunting them.

Forestry and Soil Conservation


Management Policy for Forestry. — The national government, through the Department of
Natural Resources, shall undertake a system of rational exploitation of forest resources
and shall encourage citizen participation therein to keep the country’s forest resources at
maximum productivity at all time.
Measures for Rational Exploitation of Forest Resources. — Measures for the rational
exploitation of forest resources may include, but shall not be limited to, the following:
a) regulating the marketing of threatened forest resources;
b) reviewing all existing rules and regulations on the exploitation of forest resources with a
view of formulating guidelines for the systematic and efficient enforcement thereof;
c) conserving threatened species of flora as well as increasing their rate of propagation; the
banning of destructive modes of exploitation, kaingin making or shifting cultivation,
indiscriminate harvesting of minor forest products the recycling methods of waste
materials, and
d) carrying out a continuing effect on reforestation; timber stand improvement; forest
protection; land classification; forest occupancy management; agri-silviculture; range
management; agri-silvicultural/kaingin management; industrial tree plantation; parks and
wildlife management; multiple use forest; timber management and forest research.
Use of Fertilizers and Pesticides. — The use of fertilizers and pesticides in agriculture
shall be regulated prescribing therefor a tolerance level in their use. Their use shall be
monitored by appropriate government agencies to provide empirical data for effective
regulation.
Management Policy on Soil Conservation. — The national government, through the
Department of Natural Resources and the Department of Agriculture, shall likewise
undertake a soil conservation program including therein the identification and protection of
critical watershed areas, encouragement of scientific farming techniques, physical and
biological means of soil conservation, and short-term and long-term researches and
technology for effective soil conservation.

Flood Control and Natural Calamities


Measures in Flood Control Program. — In addition to the pertinent provisions of existing
laws, the following shall be included in a soil erosion, sediment and flood control program:
a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores;
b) the control of flow and flooding in and from rivers and lakes;
c) the conservation of water which, for purposes of this Section shall mean forms of water,
but shall not include captive water;
d) the needs of fisheries and wildlife and all other recreational uses of natural water;
e) measures to control the damming, diversion, taking, and use of natural water, so far as
any such act may affect the quality and availability of natural water for other purposes; and
f) measures to stimulate research in matters relating to natural water and soil conservation
and the application of knowledge thereby acquired.
SECTION 35. Measures to Mitigate Destructive Effects of Calamities. — The national
government, through the Philippine Atmospheric, Geophysical and Astronomical Services
Administration, shall promote intensified and concerted research efforts on weather
modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural
phenomena in order to bring about any significant effect to mitigate or prevent their
destructive effects.
Energy Development
Policy. — Consistent with the environmental protection policies, the national government,
through the Energy Development Board, shall undertake an energy development program
encouraging the utilization of invariant sources such as solar, wind and tidal energy.
Measures for Energy Development. — Measures for energy development program may
include, but shall not be limited to, the following:
a) setting up of pilot plants utilizing invariant sources of energy;
b) training of technical personnel for purposes of energy development; and
c) conducting researches aimed at developing technology for energy development.
Safety Measures on Energy Development. — Rules and regulations shall be
promulgated to prevent or mitigate the adverse effects of energy development on the
environment. For this purpose, all nuclear powered plants exploring and utilizing
geothermal energy, whether owned or controlled by private or government entities shall:
a) observe internationally accepted standards of safety; and
b) provide safety devices to ensure the health and welfare of their personnel as well as the
surrounding community.

Conservation and Utilization of Surface and Ground Waters


Management Policy. — In addition to existing laws, the national government through the
National Water Resources Council in coordination with other appropriate government
agencies, shall prescribe measures for the conservation and improvement of the quality of
Philippine water resources and provide for the prevention, control and abatement of water
pollution.
Mineral Resources
Management Policy. — The national government, through the Department of Natural
Resources, shall undertake a system of gainful exploitation and rational and efficient
utilization of mineral resources and shall encourage citizen participation in this endeavor.
Measures for Exploitation and Utilization of Mineral Resources. — Measures for the
gainful exploitation and rational and efficient utilization of such mineral resources may
include, but shall not be limited to, the following:
a) increasing research and development in mineral resources technology;
b) training of additional technical manpower needed in geology, geophysics, mining
engineering, and related fields;
c) regulating the exploitation of identified mineral reserves;
d) accelerating the exploration of undiscovered mineral deposits; and
e) encouraging the establishment of processing plants for refined metals.
Waste Management
Purposes. — The purposes of this Title are:
a) to set guidelines for waste management with a view to ensuring its effectiveness;
b) to encourage, promote and stimulate technological, educational, economic and social
efforts to prevent environmental damage and unnecessary loss of valuable resources of
the nation through recovery, recycling and re-use of wastes and waste products; and
c) to provide measures to guide and encourage appropriate government agencies in
establishing sound, efficient, comprehensive and effective waste management.
Enforcement and Guidelines
Waste Management Programs. — Preparation and implementation of waste
management programs shall be required of all provinces, cities and municipalities. The
Department of Local Government and Community Development shall promulgate
guidelines for the formulation and establishment of waste management programs.
Every waste management program shall include the following:
a) an orderly system of operation consistent with the needs of the area concerned;
b) a provision that the operation will not create pollution of any kind or will constitute public
nuisance;
c) a system for a safe and sanitary disposal of waste;
d) a provision that existing plans affecting the development, use and protection of air, water
or natural resources shall be considered;
e) schedules and methods of implementing the development, construction and operation of
the plan together with the estimated costs; and
f) a provision for the periodic revision of the program to ensure its effective implementation.
Responsibility of Local Governments. — Each province, city or municipality shall
provide measures to facilitate the collection, transportation, processing and disposal of
waste within its jurisdiction in coordination with other government agencies concerned. For
this purpose, the national government shall provide the necessary subsidy, to local
governments upon request made through the National Environmental Protection Council
and subject to such terms and conditions as the latter may provide.
Methods of Solid Waste Disposal
Solid Waste Disposal. — Solid Waste disposal shall be by sanitary landfill, incineration,
composting, and other methods as may be approved by competent government authority.
Sanitary Landfills. — Local governments, including private individuals, corporations or
organizations may operate one or more sanitary landfills. Any entity proposing to operate a
sanitary landfill shall submit to the appropriate government agency an operational work
plan showing, among other things, a map of the proposed work location, disposal areas for
rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed
to accomplish its operations. In no case shall landfill or work locations under this Section
be located along any shore or coastline, or along the banks of rivers and streams, lakes,
throughout their entire length, in violation of any existing rules and regulations.
Incineration and Composting Plants. — The installation and establishment of
incineration or composting plants, or the alteration/modification of any part thereof shall be
regulated by the local governments concerned in coordination with the National Pollution
Control Commission.
Disposal Sites. — The location of solid waste disposal sites shall conform with existing
zoning; land use standards, and pollution control regulations.
Dumping into the Sea and Other Navigable Waters. — The dumping or disposal of solid
wastes into the sea and any body of water in the Philippines, including shorelines and river
banks, where these wastes are likely to be washed into the water is prohibited. However,
dumping of solid wastes or other materials into the sea or any navigable waters shall be
permitted in case of immediate or imminent danger to life and property, subject to the rules
and regulations of the Philippine Coast Guard and the National Pollution Control
Commission.
Government agencies and private entities which are undertaking solid waste management
programs shall make consultations with the government agencies concerned with respect
to the effects of such dumping to the marine environment and navigation.
Methods of Liquid Waste Disposal
Liquid Waste Disposal. — Wastewater from manufacturing plants, industries, community,
or domestic sources shall be treated either physically, biologically or chemically prior to
disposal in accordance with the rules and regulations promulgated by proper government
authority.
Applicability of Sec. 8. — The provisions of Sec. 8 hereof shall likewise apply to the
dumping or disposal of liquid waste into the sea and other bodies of water.

Miscellaneous Provisions
Population-Environment Balance. — In the assessment of development projects, the
National Environmental Protection Council, hereinafter referred to in this Title as the
“Council” shall take into consideration their effect on population with a view to achieving a
rational and orderly balance between man and his environment.
Environmental Education. — The Department of Education and Culture shall integrate
subjects on environmental education in its school curricula at all levels. It shall also
endeavor to conduct special community education emphasizing the relationship of man
and nature as well as environmental sanitation and practices.
The Council and other government agencies implementing environmental protection laws
in coordination with public information agencies of the government shall undertake public
information activities for the purpose of stimulating awareness and encouraging
involvement in environmental protection.
Environmental Research. — The Council shall undertake and/or promote continuing
studies and research programs on environmental management and shall, from time to
time, determine priority areas of environmental research.
Monitoring and Dissemination of Environmental Information of Foreign Origin. —
The Council shall keep itself informed of current environmental developments by obtaining
information and literature from foreign sources through the Department of Foreign Affairs,
government agencies and other entities, both domestic and foreign. Such information and
literature shall be given the widest dissemination possible.
Incentives. — To operate the installation and the utilization of pollution control facilities,
the following incentives are hereby granted:
a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the
importation of pollution control equipment, devices, spare parts and accessories for a
period of five (5) years from the effectivity of this Decree subject to the conditions that will
be imposed by the Council;
b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff
duties that would have been paid on the pollution control equipment, devices, spare parts
and accessories had these items been imported shall, within a period of seven (7) years
from the effectivity of this Decree be given to the person or firm who or which purchases
them from a domestic manufacturer, and another tax credit equivalent to twenty-five (25)
per cent thereof shall be given to the said manufacturer subject to such conditions as may
be imposed by the Council; and
c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research
projects undertaken to develop technologies for the manufacture of pollution control
equipment which have been proven effective and commercially reproducible, from the
taxable income of the person or firm actually undertaking such projects subject to the
conditions that may be imposed by the Council.
The pollution control equipment, devices, spare parts and accessories acquired under this
Section shall not be sold, transferred or disposed of within five (5) years from the date of
acquisition without the prior approval of the Council otherwise the importer or purchaser
shall pay twice the amount of the tax exemption or tax credit granted.
Financial Assistance/Grant. — Financial assistance/grant for the study, design and
construction of environmental protection facilities especially for waste disposal in favor of
cities, municipalities, small and medium-scale industries may be granted on a case to case
basis subject to such conditions as may be imposed by the Council.
Participation of Local Government Units and Private Individuals. — It shall be the
responsibility of local government units as well as private individuals to actively participate
in the environmental management and protection programs of the government.
Preservation of Historic and Cultural Resources and Heritage. — It shall be the duty of
every person to help preserve the historic and cultural resources of the country such as
sites, structures, artifacts, documents, objects, memorials and priceless trees.
Government Offices Performing Environmental Protection Functions. — Government
agencies vested by law to exercise environmental management powers, shall continue to
function as such within their respective jurisdictions. The Council may, however, in the
exercise of its powers and functions under Presidential Decree No. 1121, inquire into any
action or issue of environmental significance.
Public Hearings. — The Council may, whenever it deems necessary, conduct public
hearings on issues of environmental significance.

References
Dr Malte Lech, Dr Gerald Leppert. (2018, January). Retrieved from DEval:
https://www.deval.org/files/content/Dateien/Evaluierung/Policy%20Briefs/DEval_Policy
%20Brief_Philippinen_1.18_EN_Web.pdf
GovPh. (1977, June 6). Philippines Official Gazette. Retrieved from
https://www.officialgazette.gov.ph/1977/06/06/presidential-decree-no-1152-s-1977/
Malte Lech. (2018, January). Research Gate. Retrieved from
https://www.researchgate.net/publication/323014388_Current_issues_of_the_Philippin
e_land_use_planning_and_management_system
Mark Anthony Mateo Morales, D. E. (2016, March 11). Retrieved from
https://www.mlit.go.jp/kokudokeikaku/international/spw/general/philippines/index_e.htm
l
Palomata, M. (2014, August 31). Prezi. Retrieved from
https://prezi.com/wemh5ohdsumy/state-of-philippine-urban-and-regional-planning/
The LawPhil Project. (n.d.). The LawPhil Project. Retrieved from
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