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
COVERAGE OF RA 10587
Section 3. Coverage
of this Act. – This Act shall cover the following aspects of the
practice of the profession:
(a) Examination, registration and licensure of environmental
planners;
(b) Supervision, control and regulation of the practice of
environmental planning;
(c) Development, upgrading and updating of the curriculum of the
environmental planning profession; and
(d) Development and improvement of the professional competence and
practice of environmental planners through, among others, continuing
professional education and development.
How should environmental
planning practice be done in the Philippines?
Section 2. Declaration
of Policy. – The State recognizes the importance of environmental
planning in nation-building and development. Hence, it shall develop and
nurture competent, virtuous, productive and well-rounded professional
environmental planners whose standards of practice and service shall be
excellent, world-class and globally competitive through honest, effective,
relevant and credible licensure examinations and through regulatory programs,
measures and activities that foster their professional growth, social
responsibility and development.
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.
MAIN ACTORS IN ENVIRONMENTAL PLANNING
1. PRC
Board of Environmental Planning
2. Environmental
Planner
3. Accredited
Professional Organization (APO)/
Philippine Institute of Environmental Planner
PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL
PLANNING
(RA10587)Section 9. Powers, Duties and Responsibilities of the Board. –
The Board shall have the following specific powers, duties and
responsibilities:
(a) Prescribe and adopt the rules and regulations necessary to
carry out the provisions of this Act;
(b) Supervise the registration, licensure and practice of
environmental planning in the Philippines;
(c) Administer oaths in connection with the implementation of this
Act;
(d) Issue, suspend, revoke or reinstate Certificate of
Registration for the practice of environmental planning;
(e) Adopt an official seal of the Board;
(f) Prepare the contents of licensure examination, score and rate
the examination papers and submit the results thereof to the Commission;
(g) Adopt and promulgate a Code of Ethics and a Code of Technical
Standards issued by the APO;
(h) Assist the Commission on Higher Education (CHED) to ensure
that all instruction and offering of environmental planning comply with the
policies, standards and requirements of the course prescribed by the CHED or
other authorized government offices in the areas, among others, of curriculum,
faculty, library and facilities;
(i) Adopt measures necessary for the enhancement of the
profession;
(j) Investigate officially reported violations of this Act and its
rules and regulations, Code of Ethics, Code of Technical Standards, policies
and measures and for this purpose issue subpoena and subpoena
duces tecum to secure the appearance of witnesses and submission of
the documents and other evidences necessary in connection with the performance
of its functions;
(k) Seek the assistance of the Commission in the conduct of
hearing or investigation of administrative cases filed before the Board;
(l) Promulgate decisions on such administrative cases;
(m) Discharge such other powers and duties that may affect
professional, ethical and technological standards of the environmental planning
profession in the Philippines; and
(n) Perform such other functions and responsibilities in
accordance with the provisions of Republic Act No. 8981, otherwise known as the
"Professional Regulation Commission (PRC) Modernization Act of 2000″.
The
policies, resolutions, bylaws and rules and regulations issued and promulgated
by the Board shall be subject to review and approval by the Commission;
however, the Board’s decisions, resolutions or orders which are not
interlocutory, rendered in an administrative case, shall be subject to review
only on appeal.
Section 4. Definition
of Terms. –
(b) Environmental
planner refers to a person who is registered and licensed to practice
environmental planning and who holds a valid Certificate of Registration and a
valid Professional Identification Card from the Board of Environmental Planning
and the Professional Regulation Commission.
(c) Accredited Professional Organization (APO) refers
to the duly integrated and accredited professional organization of
environmental planners, of which there shall be only one as prescribed by Republic
Act No. 8981, the Comprehensive Professional Code, and in Section 32 of this
Act.
RESPONSIBILITIES
OF AN ENVIRONMENTAL PLANNER (as excerpted)
Board of
Environmental Planning
Resolution
No. 01
Series of
1997
CODE OF ETHICS FOR ENVIRONMENTAL PLANNERS
IN THE PHILIPPINES
Article II
DECLARATION OF PRINCIPLES
Section 3. The
Environmental Planner shall, first and foremost, commit himself to the service
of God,
country, and mankind.
His services and endeavors shall advance the art and science of environmental
planning in accordance with the constitutional mandate of protecting the right
of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
Section 4. He shall
commit himself to the highest degree of professionalism, excellence,
intelligence,
skill and integrity
in the practice of his profession. He shall be a professional with utmost
devotion and
dedication to his
career and craft.
Section 5. He shall uphold
and obey all relevant laws, rules and regulations and legal orders; observe
and esteem fairness,
courage, honesty and sincerity; and mindful of his role in attaining ecological
balance, public order, safety and convenience at all times.
Article III
RESPONSIBILITY TO THE PROFESSION
AND TO THE ORGANIZATION
Section 6. The
Environmental Planner shall contribute to the incessant development of the
profession
by sharing and
improving knowledge and initiating new and innovative planning concepts and
techniques. He shall devote considerable period of time, effort, talent, and
resources for the advancement of the profession.
Article IV
INITIATIVE, DISCIPLINE
AND RESPONSIBILITY
Section 7. He shall
strive to promote the healthy growth of a strong and active professional
organization.
Section 8. The
Environmental Planner shall strive for high standards of professional
integrity,
proficiency and
knowledge. He shall take upon himself to:
a. Represent his
professional qualifications, affiliations, and experience accurately.
b. Analyze ethical
and moral issues in the practice of his profession systematically and
critically and give due respect to the professional rights of others.
c. Pursue a program
of continuing professional education.
d. Exercise
independent and sound professional decision or judgment.
e. Demonstrate a high
degree of moral and professional integrity at all times.
Article V
RESPONSIBILITY TO CO-PROFESSIONALS
Section 9. In the
practice of his profession, the Environmental Planner shall develop and enhance
a
healthy professional
relationship with his colleagues and other professionals.
a. He shall share
with them the results of experience and research which could contribute to the
body of
planning knowledge.
b. He shall
contribute time and information to the professional development of new
professionals and other colleagues, including students of the profession.
c. He shall not give
opinion which will tend to destroy the professional image of his colleagues
except upon lawful order from the Court or on subpoena issued by the Board.
d. He shall endeavor
to increase and broaden the range of opportunities for professional
involvement/competence/development
Article VI
RELATIONSHIP TO CLIENT
Section 10. The
Environmental Planner shall at all times endeavor to maintain a harmonious
working
relationship with his
client. He shall consider his client a partner in a noble undertaking, and
shall, therefore, render professional service with honesty, transparency and
good faith.
a. He shall observe
candor and fairness in the presentation of his professional competence to his
client.
b. He shall render
competent professional service to his client within the context of the “scope
of practice” of his profession.
c. He shall be
transparent in his dealings with his client and shall avoid activities which
will create a
situation/condition
of “conflict of interest” between him and his client.
d. He shall render
professional advice to his client on environmentally critical or significant
matters. He shall caution his client on proposed projects which may cast
questionable or controversial issues that threaten the peace and tranquillity
of the community.
e. He shall exercise
utmost confidentiality of information and related documents obtained in the
course of his professional service to his client. Such information and
documents may be made available upon written consent of the client by legal
means.
f. He shall collect
professional fees commensurate with the services rendered. The professional
fees to be collected shall be within the limits of the “schedule of
professional fees” adopted by the Philippine Institute of Environmental
Planners.
g. He shall seek the
settlement of any dispute with his client as the need arises, through voluntary
arbitration, and shall exhaust all possible means for settlement through an
“arbitration committee” created for the purpose.
Article VII
RESPONSIBILITY TO THE PUBLIC
AND TO THE COUNTRY
Section 11. The
primary obligation of the Environmental Planner is to serve the country and in
so doing
safeguard public
interest.
a. He shall have
special concern for long-range consequence of present actions and must
therefore pay close attention to the inter-relatedness of his decisions and
opinions.
b. He shall strive to
provide full, clear, and accurate information on planning issues and concerns
to the
general public and
government decision-makers in order to optimize their participation in the
planning
process.
c. He shall strive to
increase choice and opportunity for all persons, a special responsibility to
plan for the
needs of the
disadvantaged, disabled and recognizing a special responsibility to plan for
the needs of the
disadvantaged,
disabled and underprivileged groups or persons.
d. He shall
diligently protect the natural environment, opt for excellence of environment
design and endeavor to conserve and sustain the unique physical heritage of the
environment.
e. He shall devote
adequate attention to the physical, economic and social problems and needs of
the people, as well as identification of positive cultural and social values
and historical assets to be preserved.
f. He shall provide
flexibility and choice in planning without sacrificing the integrity of the
master plan to give priority to proposals and projects which would contribute
to the alleviation of poverty and inequity, thus, promoting community and
national stability and unity.
g. He shall strive
for a balanced urban and countryside development in support of the efforts for
our
comprehensive and
sustainable economic recovery and growth.
ETHICAL DILEMMAS OF A PLANNER
Local government planning officers operate in a complex political
environment in which their decisions include various stakeholder interests such
as private developers, local businesses, environmentalists and government
authorities. As such, planners face potential competing interests which
challenge their own values and compete with their professional obligations
relating to planning practice and governance. Planners from urban-fringe,
inner-city and coastal Local Government Areas (LGAs) were invited to participate
in this study. Preliminary findings suggest that planners are operating in an
increasingly complex decision-making environment. Common themes identified by
participants included issues relating to non-conforming land-uses and the
management of relationships between local government planners and developers.
The management of community perceptions relating to race, socio-economic
background and use classes perceived as ‘undesirable’ by the community also
emerged in the findings. Planners were also challenged by the relationship
between councillors and the administrative staff of local government. Planning
consultancies were also perceived by planners as increasing the potential for
unethical behaviour. This indicates local government planners are facing an
increasing range of complex ethical dilemmas yet feel they are neither equipped
with the resources nor the support mechanisms to manage them effectively. (http://ro.ecu.edu.au/ecuworks2013/375/)
Ethical Principles in Planning
(As Adopted by the APA Board, May
1992)
This statement is a guide to ethical
conduct for all who participate in the process of planning as advisors,
advocates, and decision makers. It presents a set of principles to be held in
common by certified planners, other practicing planners, appointed and elected
officials, and others who participate in the process of planning.
The planning process exists to serve
the public interest. While the public interest is a question of continuous
debate, both in its general principles and in its case-by-case applications, it
requires a conscientiously held view of the policies and actions that best serve
the entire community.
Planning issues commonly involve a
conflict of values and, often, there are large private interests at stake.
These accentuate the necessity for the highest standards of fairness and
honesty among all participants.
Those who practice planning need to
adhere to a special set of ethical requirements that must guide all who aspire
to professionalism.
The Code is formally subscribed to
by each certified planner. It includes an enforcement procedure that is
administered by AICP. The Code, however, provides for more than the minimum
threshold of enforceable acceptability. It also sets aspirational standards
that require conscious striving to attain.
The ethical principles derive both
from the general values of society and from the planner's special
responsibility to serve the public interest. As the basic values of society are
often in competition with each other, so do these principles sometimes compete.
For example, the need to provide full public information may compete with the
need to respect confidences. Plans and programs often result from a balancing
among divergent interests. An ethical judgment often also requires a
conscientious balancing, based on the facts and context of a particular
situation and on the entire set of ethical principles.
This statement also aims to inform
the public generally. It is also the basis for continuing systematic discussion
of the application of its principles that is itself essential behavior to give
them daily meaning.
The planning process must continuously
pursue and faithfully serve the public interest.
Planning Process Participants
should:
- Recognize the rights of
citizens to participate in planning decisions;
- Strive to give citizens
(including those who lack formal organization or influence) full, clear
and accurate information on planning issues and the opportunity to have a
meaningful role in the development of plans and programs;
- Strive to expand choice and
opportunity for all persons, recognizing a special responsibility to plan
for the needs of disadvantaged groups and persons;
- Assist in the clarification of
community goals, objectives and policies in plan-making;
- Ensure that reports, records
and any other non-confidential information which is, or will be, available
to decision makers is made available to the public in a convenient format
and sufficiently in advance of any decision;
- Strive to protect the integrity
of the natural environment and the heritage of the built environment;
- Pay special attention to the
interrelatedness of decisions and the long range consequences of present
actions.
Planning process participants
continuously strive to achieve high standards of integrity and proficiency so
that public respect for the planning process will be maintained.
Planning Process Participants should:
- Exercise fair, honest and
independent judgment in their roles as decision makers and advisors;
- Make public disclosure of all
"personal interests" they may have regarding any decision to be
made in the planning process in which they serve, or are requested to
serve, as advisor or decision maker.
- Define "personal
interest" broadly to include any actual or potential benefits or
advantages that they, a spouse, family member or person living in their
household might directly or indirectly obtain from a planning decision;
- Abstain completely from direct
or indirect participation as an advisor or decision maker in any matter in
which they have a personal interest, and leave any chamber in which such a
matter is under deliberation, unless their personal interest has been made
a matter of public record; their employer, if any, has given approval; and
the public official, public agency or court with jurisdiction to rule on
ethics matters has expressly authorized their participation;
- Seek no gifts or favors, nor
offer any, under circumstances in which it might reasonably be inferred
that the gifts or favors were intended or expected to influence a
participant's objectivity as an advisor or decision maker in the planning
process;
- Not participate as an advisor
or decision maker on any plan or project in which they have previously
participated as an advocate;
- Serve as advocates only when
the client's objectives are legal and consistent with the public interest.
- Not participate as an advocate
on any aspect of a plan or program on which they have previously served as
advisor or decision maker unless their role as advocate is authorized by
applicable law, agency regulation, or ruling of an ethics officer or
agency; such participation as an advocate should be allowed only after
prior disclosure to, and approval by, their affected client or employer;
under no circumstance should such participation commence earlier than one
year following termination of the role as advisor or decision maker;
- Not use confidential
information acquired in the course of their duties to further a personal
interest;
- Not disclose confidential
information acquired in the course of their duties except when required by
law, to prevent a clear violation of law or to prevent substantial injury
to third persons; provided that disclosure in the latter two situations
may not be made until after verification of the facts and issues involved
and consultation with other planning process participants to obtain their
separate opinions;
- Not misrepresent facts or
distort information for the purpose of achieving a desired outcome;
- Not participate in any matter
unless adequately prepared and sufficiently capacitated to render thorough
and diligent service;
- Respect the rights of all
persons and not improperly discriminate against or harass others based on
characteristics which are protected under civil rights laws and
regulations.
APA members who are practicing
planners continuously pursue improvement in their planning competence as well
as in the development of peers and aspiring planners. They recognize that
enhancement of planning as a profession leads to greater public respect for the
planning process and thus serves the public interest.
APA Members who are practicing
planners:
- Strive to achieve high
standards of professionalism, including certification, integrity,
knowledge, and professional development consistent with the AICP Code of
Ethics;
- Do not commit a deliberately
wrongful act which reflects adversely on planning as a profession or seek
business by stating or implying that they are prepared, willing or able to
influence decisions by improper means;
- Participate in continuing
professional education;
- Contribute time and effort to
groups lacking adequate planning resources and to voluntary professional
activities;
- Accurately represent their
qualifications to practice planning as well as their education and
affiliations;
- Accurately represent the
qualifications, views, and findings of colleagues;
- Treat fairly and comment
responsibly on the professional views of colleagues and members of other
professions;
- Share the results of experience
and research which contribute to the body of planning knowledge;
- Examine the applicability of
planning theories, methods and standards to the facts and analysis of each
particular situation and do not accept the applicability of a customary
solution without first establishing its appropriateness to the situation;
- Contribute time and information
to the development of students, interns, beginning practitioners and other
colleagues;
- Strive to increase the
opportunities for women and members of recognized minorities to become
professional planners;
- Systematically and critically
analyze ethical issues in the practice of planning.
(https://www.planning.org/ethics/ethicalprinciples/)