Planning 3 DG FN-04
Planning 3 DG FN-04
Planning 3 DG FN-04
15-UR-0499 PLANNING03
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.
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.
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
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
3) ENVIRONMENTAL PLANNING
Section 5. Scope of Practice. – The practice of environmental planning, within the meaning
and intent of this Act, shall embrace the following:
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;
(b) In relation to any of the activities enumerated in paragraph (a) above, preparing the
following studies:
(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.
(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.
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
http://extwprlegs1.fao.org/docs/pdf/phi19099.pdf