THE 1987 CONSTITUTION
Article XIII, Section 1:
“The Congress shall give
highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and
political inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good. To this end, the State shall
regulate the acquisition, ownership, use and disposition of property and its
increments” (Article XIII, Section 1).
Article XII, Section 6:
“The use of property bears a
social function and all economic agents shall contribute to the common good.
Individuals and private groups, including corporations, cooperatives, and
similar collective organizations, shall have the right to own, establish and
operate economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so demands” (Art.
XII, Section 6).
REPUBLIC ACT 7160 - LOCAL GOVERNMENT CODE OF
1991
Section 16:
“Every LGU shall exercise the
powers expressly granted, those necessarily implied there from, as well as
powers necessary, appropriate or incidental for its efficient and effective
governance, and those which are essential for the promotion of the general
welfare. Within their respective territorial jurisdictions, local government
units shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order and preserve the
comfort and convenience of their inhabitants.”
Section 20(c):
“The local government units
shall, in conformity with existing law, continue to prepare their respective
Comprehensive Land Use Plans enacted through zoning ordinances which shall be
the primary and dominant bases for the future use of the land resources
Section 447(2)(vii)/Sec.
458(2)(vii):
“Adopt a Comprehensive Land
Use Plan for the municipality/city: Provided, that the formulation, adoption,
or modification of said plan shall be in coordination with the approved
Provincial Comprehensive Land Use Plan.”
Section 447(2)(ix) -
Municipality/Section 458(2)(ix) - City:
“Enact integrated zoning
ordinances in consonance with the approved Comprehensive Land Use Plan, subject
to existing laws, rules and regulations…”
Section 447(a)(2)(vi)/Sec.
458(a)(2)(vi):
Prescribe reasonable limits
and restraints on the use of property within the jurisdiction of the
municipality (Sec. 447(a)(2)(vi)/city (Sec. 458(a)(2)(vi).
Section 444(b)(3)(vii)/Sec.
455 (b)(3)(vii):
“Adopt measures to safeguard
and conserve land, mineral, marine, forest, and other resources of the
municipality” (Sec. 444(b)(3)(vii)/city (Sec. 455(b)(3)(vii).
Section 468, 2, Article III,
Chapter 3, Book III:
“(vii) Review the
Comprehensive Land Use Plans and zoning ordinances of component cities and
municipalities and adopt a Comprehensive Provincial Land Use plan, subject to
existing laws.
REPUBLIC ACT 7279 - URBAN
DEVELOPMENT AND HOUSING ACT
Definitions
Land Use Plan – the “rationale
approach of allocating available land resources as equitably as possible among
competing user groups and for different functions consistent with the
development plan of the area and the program under this Act” (Section 3(k) of
RA 7279).
The extent of
comprehensiveness and the focus of land use planning process as well as the
preparation of the CLUP document are defined within the bounds of “land
resources” by this provision of UDHA which must be “consistent with the
development plan of the area.”
EXECUTIVE ORDER NO. 72
Sections 1(a, c) and 2(a, e,
f):
“(a) Cities and municipalities
shall continue to prepare or update their Comprehensive Land Use Plans, in
conformity with the land use planning standards and guidelines prescribed by
the HLURB and to national policies.
“(d) ... the powers of the
HLURB to review and approve the Comprehensive Land Use Plans of component
cities and municipalities are hereby devolved to the province”.
“(e) Pursuant to LOI 729, S.
of 1978, EO 648, S. of 1981 and RA 7279, the Comprehensive Land Use Plans of
provinces, highly-urbanized cities and independent component cities shall be
reviewed and ratified by the HLURB to ensure compliance with national standards
and guidelines”.
EO 648
REORGANIZING THE HUMAN
SETTLEMENTS REGULATORY COMMISSION
Section 5, Article II:
“(a) To promulgate zoning and
other land use control standards and guidelines which shall govern land use
plans and zoning ordinances of local governments.”
REPUBLIC ACT 9729 - CLIMATE
CHANGE ACT OF 2009
Sec. 14 of the CCA
“The LGUs shall be the
frontline agencies (boldface provided) in the formulation, planning and
implementation of climate change action plans in their respective areas,
consistent with the provisions of the Local Government Code, the Framework, and
the National Climate Change Action Plan (2010-2022).”
REPUBLIC ACT 10121 –
NATIONAL DISASTER RISK
REDUCTION AND MANAGEMENT ACT
This Act declares that it is
the policy of the government to mainstream disaster risk reduction and climate
change in development processes such as policy formulation, socioeconomic
development planning, budgeting, and governance, particularly in the areas of
environment, agriculture, water, energy, health, education, poverty reduction,
land use and urban planning, and public infrastructure and housing, among
others.
Under the Act LGUs are
mandated to establish a Local Disaster Risk Reduction and Management Office
(LDRRMO) whose functions include the identification and assessment of hazards,
among others. The LDRRMO is also mandated produce a Local Disaster Risk
Reduction and Management Plan (LDRRMP) which will identify disaster risk
reduction measures that should be integrated in the Comprehensive Land Use Plan
and Comprehensive Development Plan.
Other Laws and Policies
·
RA 7586 (NIPAs Act) -Protected areas
·
RA 8550 (Revised Fisheries Code) - Municipal
waters
·
RA 8435 (Agricultural Fisheries Modernization
Act)- Agricultural lands
·
RA 9003 (Ecological Solid Waste Management
Act)- Solid waste
·
RA 10066 (National Cultural Heritage Act of
2009) - Cultural and heritage conservation
·
RA 9593 (National Tourism Act of 2009) –
Tourism development
·
RA 7942 (Mining Act)
·
RA 8371 (Indigenous People’s Rights Act or
IPRA)
·
PD 705 (Revised Forestry Code)
·
CA
141 (Public Land Act)
·
PD
1076 (Water Code of the Philippines)
No comments:
Post a Comment