CLUP's Legal Mandates

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)