Scope and Practice of Planning

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

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:

1. Recognize the rights of citizens to participate in planning decisions;
2. 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;
3. Strive to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of disadvantaged groups and persons;
4. Assist in the clarification of community goals, objectives and policies in plan-making;
5. 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;
6. Strive to protect the integrity of the natural environment and the heritage of the built environment;
7. 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:

1. Exercise fair, honest and independent judgment in their roles as decision makers and advisors;
2. 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.
3. 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;
4. 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;
5. 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;
6. Not participate as an advisor or decision maker on any plan or project in which they have previously participated as an advocate;
7. Serve as advocates only when the client's objectives are legal and consistent with the public interest.
8. 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;
9. Not use confidential information acquired in the course of their duties to further a personal interest;
10. 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;
11. Not misrepresent facts or distort information for the purpose of achieving a desired outcome;
12. Not participate in any matter unless adequately prepared and sufficiently capacitated to render thorough and diligent service;
13. 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:

1. Strive to achieve high standards of professionalism, including certification, integrity, knowledge, and professional development consistent with the AICP Code of Ethics;
2. 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;
3. Participate in continuing professional education;
4. Contribute time and effort to groups lacking adequate planning resources and to voluntary professional activities;
5. Accurately represent their qualifications to practice planning as well as their education and affiliations;
6. Accurately represent the qualifications, views, and findings of colleagues;
7. Treat fairly and comment responsibly on the professional views of colleagues and members of other professions;
8. Share the results of experience and research which contribute to the body of planning knowledge;
9. 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;
10. Contribute time and information to the development of students, interns, beginning practitioners and other colleagues;
11. Strive to increase the opportunities for women and members of recognized minorities to become professional planners;
12. Systematically and critically analyze ethical issues in the practice of planning.

(https://www.planning.org/ethics/ethicalprinciples/)