Planning Law, Constitution, LGC, and Plann.pptx

Roles and Functions of the State
Basic Functions of the State (Ernesto M. Serote)
 Provision of public services
 Regulation and facilitation of the operations of
market forces
 Arbitration of contending social groups (e.g.,
capital and labor, landlord and tenant)
 Social Engineering – changing structures,
values and behaviors towards desired goals
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 Basic Roles of the State (John Friedmann)
 Protective Role. Securing territorial boundaries against outside
predatory forces and keeping the peace among the constitutive
units of the state;
 Developmental Role. Coordinating national policies for both
structural change and growth and undertaking projects of
common benefit which exceed the ability of agropolitan
districts;
 Facilitative Role. The state, through its own resources, stands
prepared to support agropolitan districts (and regions) in the
realization of their own projects
 Regulatory Role. Maintain those critical balances within the
system of social relationships that will permit both change and
growth to occur without excessive disruption of the system as a
whole.
 Redistributive Role. The state takes surplus resources from rich
districts to equalize redevelopment possibilities in less favoured
areas.
Roles and Functions of the State

Four Great Powers of the
State with Respect to Land
 Police Power
 Authority of the State to regulate activities of private
parties to protect the collective interest of the people –
health, safety, public welfare
 Includes the principle that compensation may not be
paid for any loss of property value that regulations
might impose
 Power of Taxation
 Government has the right to impose taxes
 Power of Eminent Domain
 the State has right to acquire any or all property or to
take over private property when public need, public
safety and public welfare so requires
 But only after due process of law and after offer of
payment of just compensation.
 State Control over private property may at times
involve imposition of uncompensated losses on
property owners.
 Escheat -- property reverts to the State or is taken over
by the State when no property rights exist
 When person is deceased and there are no legal heirs
 When private owner is outlawed
CLUP / ZONING
REAL ESTATE TAXES
FORFEITURE
LEGAL
EXPROPRIATION
CONDEMNATION
CONFISCATION

Hierarchy of Philippine Laws
e)
w
 Constitution
 Laws Passed by Congress and signed by the
President (under Martial Law, Presidential Decre
 Executive Order (Normally bridging the gaps
between need for a law and the absence of a la
passed by Congress)
 Administrative Order (Presidential) –
presidential order detailing the implementation of
the law where the authority is specifically given to
the President such as the issuance of the ECC
 Presidential Proclamation – order by the
President as authorized by existing law e.g. to
declare a particular project environmentally
critical or types of environmentally-constrained
areas

 Department Administrative Order (DAO) known as “delegated
law” – Line Department secretary‟s order detailing implementation
of a particular law, as comprehensive such as the implementing
rules and regulations. Normally DAO is subjected to extensive
public consultation, internal legal and administrative reviews then
published in Official Gazette before it has the force of law.
 Memorandum Circular – issued by the secretary to inform, to
clarify ambiguities in IRR or DAO. Bureau Directors may also issue
memorandum circulars to provide detailed guidelines, procedures,
formats of application letters, approvals, recommendations, to
specify fines and penalties, etc. upon order of the secretary or if
the DAO specifically authorizes the Bureau Director to do so.
 Office Memorandum or Circular- normally issued for internal
guidance to set office procedures to improve efficiency. In most
cases this is not considered part of the law but sometimes it is
cited as part of the procedural review of the approval process.

 Provincial, Municipal and City governments
(LGU) may also issue environmental laws and
regulations that could be enforced within their
jurisdictions provided it does not contradict
with the national legislation or usurp the
authority of the national government
 Municipal or City Ordinance passed by the
local council and approved by the mayor
 Barangays may also have environmental
resolutions enforceable within their
jurisdictions provided the resolutions do not
contravene national legislation, municipal or
city ordinances where the barangay is located,
and the authority does not usurp authorities of
the national, provincial, and municipal
authorities

Body of Planning Law
 Philippine Constitution
 Republic Acts (land, land reform, urban
development, ancestral domain, air, water,
fisheries, protected areas, biodiversity, solid
waste, pollution)
 National Land Use Code (but non-existent)
 FVR‟sNational Physical Framework Plan, 1993-
2023 (30 years)
 National Framework for Physical Planning, 2001-
2030 (30 years)
 Medium-Term Philippine Development Plan (6
years)
 Regional Development Plans (5 years)
 Plan Documents of the LGUs – CLUPs, CDPs,
Zoning ordinances, etc.

Significant Laws Concerning the Practiceof
Environmental Planning in the Philippines
Year Milestones
1976 PD 957: Subdivision / Condominium Buyer‟sProtective Act
1977 PD 1152: Philippine Environment Code
1978 PD 1396: Creation of the Ministry of Human Settlements
PD 1308: Law Regulating the Practice of the Profession of Environmental Planning in Phils
1981 Proc 2146: Scope of EIS System – ECP & ECA
1982 BP 220: Standards for Economic and Socialized Housing
1986 National Shelter Program
1991 RA 7160: Local Government Code
1992 Philippine Agenda 21
RA 7586: National Integrated Protected Areas System Act
RA 7279: Urban Development and Housing Act
1993 EO 72: Preparation and Implementation of CLUP‟s
1994 RA 7916: Special Economic Zone Act
1995 RA 7942 Philippine Mining Act
1997 RA 8371 Indigenous Peoples Rights Act
1997 RA 8435 Agriculture and Fisheries Modernization Act
1998 RA 8550 New Fisheries Code of the Philippines
1998 RA 8749: Clean Air Act
2001 RA 9003: Ecological Solid Waste Management Act
2004 RA 9275 Clean Water Act

What isLand
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Land is not just
soil, but includes
the water below
it, the air above
it, the flora and
fauna on it, the
minerals in its
rocks.

Natural Characteristics of Land
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LAND AS SPACE – land as space
includes earth‟ssurface, beneath
the surface space that people
occupy above and about him
 Indestructible
 Immobile/Fixed in location
LAND AS ENVIRONMENT, PART
OF NATURE – identified with
natural setting. Air, sunlight,
rain, climate, soil, topography,
geology
 Finite
 Non-Homogeneous, diverse
geographic features
 Relatively Irreversible Change

LAND AS CAPITAL – land must be purchased or
leased like other capital goods.
 Fixed form of investment
LAND AS RESOURCE, AS FACTOR OF
PRODUCTION – nature-given source of food,
elements, minerals, materials, energy, water.
 Land is Scarce
 Is Subject to capacity and marginal efficiency
 Extent of modification is the cost of producing
land
LAND AS LOCATION / SITE / SITUATION
 Economic value and economic use of land are
largely determined by its location
 “Situation” is the uniqueness of location with
respect to access, markets, amenities, etc.
 Land as site has unique situational endowments
(a material setting that is located somewhere)
CONSUMPTION GOOD –
 land can be used for pleasure, leisure,
recreation,
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Economic Characteristics of Land

Cultural Characteristics of Land
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 Land as community (territoriality)
 Land as physical flatform becomes
social-cultural reality of “Place”
 “Place” embodies the distinctive and
distinguishing characteristics of human
„community,‟ the human-scale
transformation of locale.
 „Place‟is a social and symbolic setting
that has meaning and value for
individuals.
 „Place‟is imbued with subjective
meanings and attachments, it is the
context of „identity‟.
 Land as spiritual attachment. Land is
deeply intertwined with „Identity‟ and
„Peoplehood‟

Legal Characteristics of Land
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 PROPERTY – rights of ownership and
use. Rights also entail responsibilities
 Acquire title to land (public and
private)
 Including all things attached
permanently to land (bldg. etc.)
 May be used as collateral for loans

Types of Land © ECOPOLIS
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FOREST LAND – land of the public domain which has been classified as such and
declared for forestry purposes. Forestland includes production and protection
forests and are not supposed to be titled.
TIMBERLAND – portion of forestland leased by the State to operators of commercial
forestry production
MINERAL LAND – portion of forestland which DENR, through the Mines and
Geosciences Bureau, has positively confirmed as possessing rare mineral resources.
8TRIBAL OR ANCESTRAL LAND – portion of forestland traditionally occupied by
indigenous cultural communities and delineated using consultative
processes and cultural mapping.
9 GRAZING LAND, PASTURELAND, OR RANGELAND – portion of forestland which
has been set aside for raising livestock because of suitable topography and
vegetation
10 ALIENABLE and DISPOSABLE LAND – land classified as not needed for forest
purposes and hence severed from the public domain and available for disposition
under Commonwealth Act 141 as amended by the Public Lands Act, which says that
“No land 18% or over in slope shall be classified as A & D nor can be titled”
).

Types ofLand
 ARABLE LAND – land which is deemed theoretically suitable to
agriculture, fisheries and livestock .based on FAO standards including
potentially cultivable land whether there is actual cultivation or not
 AGRICULTURAL LAND OR CROPLAND – land actually devoted to
agricultural activity whether intensive regular cropping or
temporary/irregular cropping.
 MARGINAL LAND – land not readily useful for either forestry,
agriculture, or settlement, such as riverwash, sandy strips, marshes,
swamps, wasteland, abandoned mines, etc.
 INDUSTRIAL LAND -- portion of relatively flat A&D land which is
devoted to manufacturing, processing of primary products,
construction, storage and warehousing, and distribution, involving at
least 10 persons (it has to be above micro-scale

What is
Land
Tenure?
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Land Tenure: how an individual or unit ‘holds’
property by virtue of rights –whether legally-
explicit or socially-assumed
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Types of Land Tenure
 Private Property - individual or group has formal, legal or
social sanction to exclude others.
 Registered Freehold – private ownership in perpetuity,
unconditional rights to freely enjoy and to dispose of objects
 Leasehold --private ownership for a specified period of time
 Temporary Tenure: Tenancy, Group Tenure
 Informal Tenure: resulting from invasion or illegal means
• Adverse Possession
• Tolerated Occupancy without legal basis
 Common Property – e.g. traditional or customary
ownership, customary rights (ICC), ancestral domain
 „Usufruct‟: enjoy fruits of the land without gaining ownership
 State Property - land ownership and control rests in hands
of State
 Open Access - no property rights exist

Land Tenure in the Philippines© ECOPOLIS
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vil
ely
y
 Influenced by continental European concepts:
Roman Law and Napoleonic Code or French Ci
Code of 1804-08.
 Fee simple -- land is like any other commodity
that can be bought outright and owned absolut
 Fee tail -- property ownership is inherited only b
a specific line of heirs
 Land Grant – the State grants public land to
universities and civic institutions for public
purposes
 Homestead – land grant to pioneer settlers
equivalent to the average size of home,
farmhouse and outbuildings.
 Americans introduced the Torrens Title System -
- unrestricted use and exchange of land – and
entrenched the concept of absolute ownership of
private property

Indigenous Land Regime of
Aboriginal Peoples
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 Wealth was based on movable objects like gold
jewelry, precious metals, or prized articles, not
on real estate.
 Land belonged to whole social group not to the
individual. Land was considered a social resource.
Arable land, forest land, and water resources
were communal resources.
 Land was sacred and had to held in stewardship by
datu or elders who determined allocation, use,
transfer of land rights through some form of
token payment (i.e. grains or livestock) as a sign
of agreement.
 Land had no economic value in itself. Human
labor on the land is what created value. Hence,
the concept of “use-rights”. “Use-rights” were
alienable.
 Lands were held in usufruct (to use)
 “Usufruct” – The right to use property and to enjoy its fruits
or profits without wasting its intrinsic value and without
change of juridical ownership. Land remains owned by the
datu in the name of the community.
 Use-rights could be passed from individual to individual
 Each household has “birth-rights” to
subsistence opportunity. “Swidden rights” gave
the tiller right to the crops but not to the land

Lands and How they areManaged
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Philippine Constitution of 1987
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 Art. 2 Sec. 5 – Promotion of
the general welfare
 Art. 2 Sec. 16 – Right of people
to balanced and healthful
ecology
 Art. 2 Sec. 9 – Improved
quality of life
 Art. 12 Sec. 6 – Use of
property bears social function

Groups
Individuals
Commutative Justice (Contractual)
Societ
y
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Framework by Archbishop Antonio Ledesma, S.J.STD

Philippine Constitution 1987
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 Provides overall tenor for
environmental policies
 Affirms the duty of the State “to
protect and advance the right of
people to a balance and healthful
ecology in accordance with the
rhythm and harmony of nature”
 Also limits this right
 The constitutional guarantees to
the right of life, liberty and
property are not absolute.
Weighed against a greater public
interest, these rights have to
yield to reasonable regulations

Philippine Constitution 1987
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 “ The State .. may adopt
measures to protect the health,
welfare, safety, etc. of the
community.”
 The Government must:
 Ensure the right to a healthy
environment of every Filipino now
living or yet to be born
 Protect physical well-being of
forests, mineral deposits, waters
and lands
 Ensure equitable resource use and
access
 Accord preferential opportunity to
small resource users and
indigenous peoples

 Section 2. All lands of the public domain,
waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential
energy fisheries, forests or timber,
wildlife, flora and fauna, and other natural
resources are owned by the State. With
the exception of agricultural lands, all
other natural resources shall not be
alienated. The exploration, development,
and utilization of natural resources shall
be under the full control and supervision
of the State. The State may directly
undertake such activities, or it may enter
into co-production, joint venture, or
production-sharing agreements with
Filipino citizens, or corporations or
associations at least sixty per centum of
whose capital is owned by such citizens.
25
Philippine ConstitutionArticle © ECOPOLIS
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XII– Regalian Doctrine

Article XII
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 Only agricultural lands in the public
domain may be alienated; leasing these
lands subject to limitations in area, lease
period, renewal period, personality of
lessee. (individuals, corporation,
associations)
 Congress determines the area of public
lands that may be alienated by the State
considering requirements “of
conservation ecology and agrarian
reform”
 Congress sets specific limits of forest
lands and national parks; adopts
measures against logging in endangered
forests and watersheds

 “Section 3. Lands of the public domain are
classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the
public domain may be further classified by law
according to the uses to which they may be
devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations
or associations may not hold such alienable lands of
the public domain except by lease, for a period not
exceeding twenty-five years, renewable for not
more that twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.
 “Taking into
conservation,
account
ecology,
the requirements of
and development, and
subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
developed, held, or leased and the conditions
therefor. 27
Philippine ConstitutionArticle © ECOPOLIS
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XII Sec.3 – Classification of Lands

Philippine Constitution Article XII
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Exploitation of natural
resources by way of
Direct exploitation by the
State
Indirect exploitation by the
State by way of either joint
venture, production sharing or
co-production with Filipinos
Small-scale exploitation that
may be allowed by Congress
Financial or technical
assistance agreements
(FTAAs) with foreigners

Philippine Constitution Article XII
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 “Sec. 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.”

Philippine Constitution Article XIII
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 “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.”

 “Section 9. 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
underprivileged and homeless citizens in urban centers
and resettlements 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.
 “Section 10. Urban or rural poor dwellers shall not be
evicted nor their dwellings 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 o be relocated.
 “Section 11. The State shall adopt an integrated and
comprehensive approach to health development which
shall endeavor to make essential goods, health and
other social services available to all the people at
affordable cost. There shall be priority for the needs of
the underprivileged sick, elderly, disabled, women, and
children. The State shall endeavor to provide free
medical care to paupers.
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Philippine Constitution Article
XIII
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 Article II Sec. 23. The State shall
encourage non-governmental
community-based or sectoral
organizations that promote the
welfare of the nation
 “Section 16. The right of the people
and their organizations to effective
and reasonable participation at all
levels of social, political, and
economic decision-making shall not
be abridged. The State shall, by law,
facilitate the establishment of
adequate consultation mechanisms.”

Indigenous People
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 An “Indigenous cultural community”
is a group of people sharing common
bonds of language, customs,
traditions and other distinctive
cultural traits, and who have, since
time immemorial, occupied,
possessed, and utilized a specific
territory.

Indigenous Peoples © ECOPOLIS
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Certificates of Ancestral
Domain Claim (CADCs)
Awarded: 181
Area: 2.531 million
hectares
Pending
Area:
2.5 million
has.
Certificates of Ancestral
Land Claim (CALCs)
Awarded: 146
Area: 10,095 has.
Indigenous Peoples (IPs) belong to 110
enthno-linguistic groups that "have
continuously lived as organized communities
in defined territories (or ancestral domains)
since time immemorial, and who have
retained some or all of their own social,
economic, cultural and political institutions."
They comprise about 17 percent of the
Philippines’ total population.

 right to ownership
 right to develop land and
natural resources
 right to stay in
territories
 right to be resettled in
case of displacement
 right to safe and clean
air and water
 right to claim parts of
reservations
 right to resolve conflicts
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Planning of Ancestral Land
 ‘Cultural Integration’ or mainstreaming
by PANAMIN during Pres. Ferdinand
Marcos’ time – has been discredited
 education, scholarships
 tourism
 Resettlement into new areas
 New Participatory Approaches
 Protection Plan for Ancestral Domains against
illegal mining, logging, and settlement
 Enhancement of Cultural Heritage of
Indigenous Peoples: Arts and Crafts
 Cultural Mapping
 Community-Based Reforestation and Agro-
Forestry
 CIDSS-KALAHI
 Delivery of Basic Services such as Utilities,
Health Care, Educational Assistance, Livelihood
Support
 Disaster Risk Reduction in Geohazardous
Areas.
 Goals
 Improved sustainable resource use
 Improved watershed conservation
 Improved environmental protection
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reciationof indigenous culture

RA 7160 LocalGovernment© ECOPOLIS
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Code of 1991
 transfers to LGUs of the primary
responsibility for the delivery of
major basic services as well as the
exercise of certain regulatory
functions.
 increases the financial resources of
the LGUs through a larger share of
national taxes (referred to as
internal revenue allotments),
broadened taxing powers, and
independent generation of revenues
from local fees and charges.

RA 7160 Local GovernmentCode
of 1991
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 Sec. 16 – Promotion of the general
welfare of the people
 Sec. 106 – LGU to prepare local
development plan
 Sec. 17 – Devolution of the delivery of
basic services and facilities
 Sec. 20 – Land reclassification
 Sec. 35 – LGUs linkage with people‟s
organizations and NGOs
 Sec. 26 & 27 – Conduct of consultation
with stakeholders

RA 7160 Local Government
Code Sec. 15
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Political and Corporate Nature of LGUs.
“Every LGU is a body politic & corporate
endowed with powers to be exercised by it
in conformity with law. As such, it shall
exercise powers as a political subdivision
of the National Government and as a
corporate entity representing the
inhabitants of its territory.”

RA 7160 Local GovernmentCode, Sec.
16.General Welfare Clause
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 “Section 16. General Welfare. - Every local
government unit shall exercise the powers
expressly granted, those necessarily
implied therefrom, as well as powers
necessary, appropriate, or incidental for its
efficient and effective governance, and
those which are essential to 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.”

Sec. 2 (a)
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Declaration of Policy.
“The State that the territorial & political
subdivisions of the State shall enjoy
genuine & meaningful local autonomy to
enable them to attain their fullest
development as self-reliant communities &
make them more effective partners in the
attainment of national goals.”

Code
Sec. 3(i)
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 LGU to manage the entire territory
on behalf of the National State.
 “Local government units shall share
with the National Government the
responsibility in the management
and maintenance of ecological
balance within their territorial
jurisdiction, subject to the provisions
of this Code and national policies;”

National-Local Government Co-Management of
the Environment and Natural Resources
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Code, Sec. 20 c
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 “The local government units shall, in conformity
with existing laws, 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
land resources: Provided, That the requirements
for food production, human settlements, and
industrial expansion shall be taken into
consideration in the preparation of such plans.”

 Sec. 20, Reclassification of Lands. LGC
authorizes the city or municipality through a
Sanggunian ordinance to reclassify agricultural
lands and provide for the manner of their utilization
in the following cases: (1) when the land ceases to
be economically feasible and sound for agricultural
purposes as determined by the Department of
Agriculture or (2) where the land shall have
substantially greater economic value for residential,
commercial, or industrial purposes, as determined
by the Sanggunian concerned.
RA 7160 LocalGovernment
Code,Sec. 20 c
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Code secs.447,458,468
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o Sec 447 a-2-VII – The Sangguniang Bayan shall
enact comprehensive land use plans and zoning
ordinances xxx subject to existing laws.
o Sec. 458(a)(2)(IX-X)– The Sangguniang
Panlungsod shall enact comprehensive land use
plans and zoning ordinances xxx subject to
existing laws.
o Section 468(a)(2)(VII) – The Sangguniang
Panlalawigan shall review the comprehensive
land use plans and zoning ordinances of
component cities and municipalities and adopt a
provincial land use plan subject to existing laws.

Code, Sec. 106.
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 “Section 106. Local Development Councils. - (a)
Each local government unit shall have a
comprehensive multi-sectoral development plan to
be initiated by its development council and
approved by its Sanggunian. For this purpose, the
development council at the provincial city,
municipal, or Barangay level, shall assist the
corresponding Sanggunian in setting the direction
of economic and social development, and
coordinating development efforts within its
territorial jurisdiction.”

Planning Mandates and Implementing Mechanisms
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Plans Definition Main Contents
Time-
fram
e
LegalBasis
CLUP Policy guide forthe
regulationofland uses
embracing theLGU’s
entireterritorial
jurisdiction
Policieson settlements,protected
areas, production areas, and
infrastructure
10-15
years
Sec. 447,
458,468of
LGC
CDP Multi-sectoral plan to
promote the general
welfareofthe LGU.
Sectoral goals, objectives,
strategies,programs,projectsand
legislative measures
6years Sec 476b
(1)and (5),
Sec 106to
109ofthe
LGC
ELA Term-basedcomponent
ofthe CDP
Sectoral goals, objectives,
strategies,prioritizedprograms
and projects,prioritizedlegislative
measures
3years Sec. 444,
455,and
465
LDIP Principal instrumentfor
implementingtheCDP
and ELAand tosome
extent,certain aspects of
the CLUP
PrioritizedPPAsand programfor
planned financing
3years Sec. 305
AIP One year slice oftheLDIP Prioritized PPAs proposed for
inclusion in the annual local
budget.
1year Sec. 305
444,455,
465

© ECOPOLIS
2009 ®
PAGE 50
 Mining projects under the control of the
LGUs are:
-Quarry
-Sand and gravel
-Guano
-Gemstone; project size is not more than
5 hectares

© ECOPOLIS
2009 ®
PAGE 51
 Obliges all government or government-owned or
controlled corporations involved in the planning,
implementation of projects that may cause
pollution or depletion of non-renewable
resources, loss of forest cover, and extinction of
animal or plant species, to consult with the LGUs,
NGOs and other sectors concerned.
 Consultations include duty to explain
-The goals of the project
-Impact upon the people and community in
terms of environmental balance
-The measures that will be undertaken to
prevent or minimize its adverse effects

R A 7279 Urban Developmentand HousingAct.
Goals and Principles.
© ECOPOLIS
2009 ®
PAGE 52
a) “policy of the State to undertake, in cooperation with the private sector, a
comprehensive and continuing urban development and housing program aimed
to provide housing through rational use of the land and adopt policies to
regulate urban growth.
b) “Uplift the conditions of the underprivileged and homeless citizens in urban areas
and in resettlement areas by making available to them decent housing at
affordable cost, basic services, and employment opportunities;
c) “Provide for the rational use and development of urban land in order to bring
about the following:
1. Equitable utilization of residential lands in urban and urbanizable areas with particular
attention to the needs and requirements of the underprivileged and homeless citizens and not
merely on the basis of market forces;
2. Optimization of the use and productivity of land and urban resources;
3. Development of urban areas conducive to commercial and industrial activities whichcan generate
more economic opportunities for the people;
4. Reduction in urban dysfunctions, particularly those that adversely affect public health, safety and
ecology; and
5. Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed
urban net and more balanced urban-rural interdependence;
d) Provide for an equitable land tenure system that shall guarantee security of
tenure to Program beneficiaries but shall respect the rights of small property
owners and ensure the payment of just compensation;
e) Encourage more effective people‟s participation in the urban development
process; and
f) Improve the capability of local government units in undertaking urban
development and housing programs and projects.

RA 7279 UDHA –
implementation issues
© ECOPOLIS
2009 ®
PAGE 53
 Land assembly or landbanking by LGUs was a laudable
UDHA solution but requires more effective coordination
between national and local governments.
 “Balanced socialized housing program (BSHP)” required
developers of subdivision projects to develop an area for
socialized housing equivalent to at least (20%) of the total
subdivision area, or total subdivision cost, at the option of
the developer, within the same city or municipality.
 20% requirement was seen as a major dis-incentive to
developers of open market and high-income housing (who
could have just bought government bonds instead) but
requirement should have been strengthened for developers
utilizing government funds.
 UDHA requirements for the development of comprehensive
housing such as promotion of indigenous housing materials
and new technologies, transport systems, ecological
balance, population analysis, urban-rural interdependence,
had no implementing rules (IRR).

RA 7279 UDHA –
implementation issues
© ECOPOLIS
2009 ®
PAGE 54
 Subsidies to informal settlers tended to have the reverse effect of
attracting more informal settlers
 Moratorium on squatter eviction only emboldened slum syndicates and
abetted more squatting.
 Bias for inner city relocation and on-site slum upgrading rather than off-
city resettlement meant costly inefficient use of urban land.
 Neglect of the human capital and skills of informal settlers and poor
households did not help them to be competitive in the globalizing city, did
not facilitate their functional integration into the urban economy.
 Without population management, Increase of informal settlers in inner city
puts downward pressure on real urban wages, since urban economies
cannot generate as much employment to address labor surplus.
 Urban LGU resources are almost wholly spent on remedial or curative
services such as solid waste and traffic management, only insignificant
amounts go to pro-active, preventive and future-oriented development
spending.
 Lack of forward-looking projects on infrastructure, utilities and social
services lowers livability and overall “quality of life” in cities, thus
undermining attractiveness to investors and economic competitiveness of
cities.
 National agencies remained highly bureaucratic and slow in housing
provision.

RA 7279 UDHA Sec. 5 and 7 © ECOPOLIS
2009 ®
PAGE 55
Sec. 5. “LGUs shall continue to prepare land
use plans (which must include sites
suitable for socialized housing), subject to
review and rationalization. HLURB, under
direction of HUDCC, shall prepare
National Urban Development and Housing
Framework.
Sec. 39 also mandates the formulation of
development plans by LGUs for more
rational and balanced development of
settlements, residential areas, and
socialized housing.

RA 8435 Agriculture and
Fisheries ModernizationAct
© ECOPOLIS
2009 ®
PAGE 56
• Measures to modernize the agriculture and
fisheries sector to enhance their profitability,
prepare for globalization challenges
• Agriculture and Fisheries Modernization Plan
(AFMP)
a) Poverty alleviation and social equity,
b) Food security,
c) Rational use of resources,
d) Global competitiveness,
e) Sustainable development,
f) People empowerment, and
g) Protection from unfair competition.

Section 3 – Statement of objectives
a) To modernized the agriculture and fisheries sectors by transforming these sectors from a resourced-based to a
technology-based industry,
b) To enhance profits and incomes in the agriculture and fisheries sectors, particularly the small farmers and fisher
folk, by ensuring equitable access to assets, resources and services, and promoting higher-value crops, value-
added processing, agribusiness activities, and agro-industrialization,
c) To ensure the accessibility, availability and stable supply of food to all at all times,
d) To encourage horizontal and vertical integration, consolidation and expansion of agriculture and fisheries
activities, group functions and other services through the organization of cooperatives, farmer’s and fisher folk's
association, corporations, nucleus estates, and consolidated farms and to enable these entities to benefit from
economies of scale, afford them a stronger negotiating position, pursue more focused, efficient and appropriate
research and development efforts and enable them to hire professional mangers,
e) To promote people empowerment by strengthening people’s organizations, cooperative and NGO’s and by
establishing and involving mechanisms and resources for their participation in government decision-making and
implementation,
f) To pursue a market-driven approach to enhance the comparative advantage of our agriculture and fisheries
sectors in the world market,
g) To induce the agriculture and fisheries sectors to ascend continuously the value-added ladder by subjecting
their traditional or new products to further processing in order to minimize the marketing of raw, unfinished or
unprocessed products,
h) To adopt policies that will promote industry dispersal and rural industrialization by providing incentives to local
and foreign investors to establish industries that have backward linkages to the country’s agriculture and
fisheries resource base.
i) To provide social and economic adjustment measures that increase productivity and improve market efficiency
while ensuring the protection and preservation of the environment and equity for small farmers and fisher folk,
and
j) To improve the quality of life of all sectors.

© ECOPOLIS
2009 ®
PAGE 58
• Network of Protected Areas for Agricultural
and Agro-Industrial Development (NPAAAD)
• All irrigated areas
• All irrigated land already covered by irrigation projects and
with firm funding commitments
• Agro-industrial crops that support the viability of existing
agricultural infrastructure and agro-based enterprises
• lands with existing or potential capability for growing high-
value crops
• Highland or areas located in an elevation of 500 meters or
above with potential for growing semi-temperate and high-
value crops
• All agricultural lands that are ecologically fragile, mangrove
areas and fish sanctuaries
• All fishery areas as defined in the Fisheries Code of 1998
• Based on sound resource accounting

© ECOPOLIS
2009 ®
PAGE 59
• Strategic Agricultural and Fisheries Development
Zones (SAFDZ) “Sec. 4. Cities and municipalities shall prepare
or update their respective CLUPs (to include Strategic Agricultural
and Fisheries Development Zones) within one year from date of
effectivity of this Act (1999).”
• Intensive agricultural production in strategic central areas where
farming is harmonized with processing, rural manufacturing, and
trading.
• Delineation of SAFDZs follows multi-stakeholder consultation:
DAR, DTI, DENR. DOST, LGUs, organized farmers and fisher folks,
private sector, communities
• Without prejudice to development of identified economic zones
and free ports
• Also meant to protect Watershed Areas
• Protect sources of water for existing and potential irrigable areas
and recharge area of major aquifers.

© ECOPOLIS
2009 ®
PAGE 60
• No conversion within 5 years of AFMA
effectivity (1999)
• Penalties for Agricultural Inactivity and
Premature Conversion of land
• imprisonment of 2 to 6 years
• fine equivalent to 100% of government‟s
investment cost
• forfeiture (escheat) of land and any
improvements

Principles of Planning, National Framework
for Physical Planning, 2001-2030 © ECOPOLIS
2009 ®
PAGE 61
The principles of physical planning in the Republic of the Philippines are contained in the
National Framework for Physical Planning, 2001-2030, to wit:
 “FOOD SECURITY. Utilizing the country’s land and water resources in a manner that
provides sufficient and affordable food products to all Filipinos of the present and future
generations through local production and/or importation;
 “ENVIRONMENTAL STABILITY AND ECOLOGICAL INTEGRITY. Achieving
environmental stability through the observance of appropriate standards, and ensuring
ecological integrity through effective natural resource management and balancing the
demand of land-using activities vis-à-vis preservation of ecosystems;
 “RATIONAL URBAN DEVELOPMENT. Encouraging the sustainable growth of cities and
large towns while complementing the growth of rural areas by adopting alternative urban
development approaches;
 “SPATIAL INTEGRATION. Linking consumption and production areas to achieve
physical and economic integration through appropriate infrastructure systems;
 “EQUITABLE ACCESS TO PHYSICAL AND NATURAL RESOURCES. Ensuring equitable
access to resources through a just distribution of the country’s resources and by
providing equal opportunities to all Filipinos in the use and acquisition of land and other
resources;
 “PRIVATE-PUBLIC SECTOR PARTNERSHIP. Encouraging shared responsibility
between the government and the private sector in the development and management of
the country’s physical resources;
 “PEOPLE EMPOWERMENT. Establishing pragmatic, appropriate, flexible and dynamic
structures or mechanisms that involve the participation of key stakeholders.
 “RECOGNITION OF THE RIGHTS OF INDIGENOUS PEOPLE. Ensuring the indigenous
people’s right todevelop, control and use lands within their ancestral domain;and
 “MARKET ORIENTATION. Adopting the interplay of market forces within the framework
of ecological and intergenerational factors as a basic parameter in the allocation and use
of land and physical resources.”

Legal Bases of Land Use Planning
© ECOPOLIS
2009 ®
PAGE 62
 RA 7160 Local Government Code (LGC)
 CLUP: Sections 3 (e), (f), (g), (i), Chapter I, Title I,
Book I; Sections 447, 458, 468
 CDP: Sections 2 (a), (c), Chapter I, Title I, Book I; 476
(b) (1-5), Sections 106, 109 (a) (1 – 3), and 114, Title
VI, Book I
 Section 305 (h), (i), (j), (k), Chapter I, Title V, Book II
 Article 410, IRR of the 1991 LGC
 RA 7279 UDHA, Sections 5, 7, 39
 RA 8435 AFMA, Sec. 4.
 PD 933
 EO 648, s. 1981 as amended by EO 90, s. 1986

Legal Bases of Land Use Planning
© ECOPOLIS
2009 ®
PAGE 63
Formulation
 The formulation of the CLUPs and CDPs falls under the mandate of the Local Government Code of
1991.
 RA 7160 or Local Government Code of 1991 mandates that each LGU to have a Local Development
Council which shall initiate a comprehensive multi-sectoral development plan to be initiated by its
development council (the local executive body).
 RA 7160 Section 20, Reclassification of Lands authorizes the city or municipality through a Sanggunian
ordinance to reclassify agricultural lands and provide for the manner of their utilization in the following
cases: (1) when the land ceases to be economically feasible and sound for agricultural purposes as
determined by the Department of Agriculture or (2) where the land shall have substantially greater
economic value for residential, commercial, or industrial purposes, as determined by the Sanggunian
concerned.
 RA 7160 Sec. 458 (a)(2)(IX) and (a)(2)(X) likewise directs each LGU Sanggunian to adopt a
comprehensive land use plan.
 R.A. 7279, UDHA, Section 39 also mandates the formulation of development plans by LGUs for more
rational and balanced development of settlements, residential areas, and socialized housing.
Evaluation / Approval
 PD 933 and EO 648, s. 1981, as amended by EO 90, s. 1986 – empower the Housing and Land Use
Regulatory Board (HLURB) to review evaluate, and approve or disapprove land use plans of cities and
municipalities.
 EO 72, March 25, 1993 – delineates the power and responsibilities of the LGUs and the HLURB in the
preparation and implementation of comprehensive land use plans under a decentralized framework of
local governance.
Monitoring
 DILG MC No. 92- 41 dated July 6, 1992 mandates LGUs to prepare, as a minimum requirement, their
annual investment programs.
 HLURB monitors the implementation of CLUPs.
 NEDA and other national line agencies play supporting roles.

Laws on Housing & Settlements
© ECOPOLIS
2009 ®
PAGE 64
 PD 856 – National Sanitation Code
 PD 933 – Creating Human Settlements Commission now
HLURB
 PD 957 – regulates sale of subdivision lots and
condominiums
 PD 1096 – National Building Code
 PD 1517 – Urban Land Reform Decree of 1976
 PD 1224 – expropriation of private property for socialized
housing; just compensation required
 PD 2016 – prohibits eviction from declared Urban Land
Reform Zone
 BP 220: Standards for Economic and Socialized Housing
 RA 6657 -- Comprehensive Agrarian Reform Law of 1988 --
Specifies lands to be covered by land reform and lands to
be retained by landowners
 RA 7279 – Urban Development and Housing Act of 1992
 RA 7835 – Comprehensive Integrated Shelter Finance Act

Planning Institutions
© ECOPOLIS
2009 ®
PAGE 65

Philippine Planning Institutions after
World War II
© ECOPOLIS
2009 ®
PAGE 66
 National Urban Planning Commission (E098), 1948
 Real Property Board, 1947
 Capital City Planning Commission (RA333), 1947
 Segmentation of urban governance with the chartering of Pasay
City (1947), Quezon City (1948), and Caloocan City (1963)
 National Planning Commission (Presidential Letter of Instruction
367), 1950, combined NUPC, RPB, and CCPC
 NPC and National Economic Council– separated Economic
Planning from Spatial Planning – continued to this day by
HLURB and NEDA
 10-point Industrialization and Infrastructure program was
launched in 1954. Import Substitution Industrialization (ISI)
was adopted 1948-1967 rather than export-oriented agri-based
industrialization. RA 2264 Local Autonomy Act of 1959
empowered LGUs to form local planning boards to craft
development plans under the guidance of NPC and to enact
zoning ordinances and subdivision rules

Philippine Planning Institutions after
World War II (continued)
© ECOPOLIS
2009 ®
PAGE 67
 Philippine Homesite and Housing Corporation in 1950
(now NHA) purchased 1,572 hectares for P2-million
in Quezon City to relocate residents of Tondo
Foreshoreland.
 PHHC adopted Clarence Perry‟s“Principles of
Neighborhood Unit” in Projects 2 (Roxas), 3
(Quirino), 4, 6 (Pagasa), 7, 8
 Start of Philippine suburbanization: Philamlife Homes
West Triangle– the first suburb along Highway 54
(now EDSA)
 Home Financing Corporation (now NHMFC)
 First Filipino Urban Planners: 1950s
 Dean Emeritus Cesar H. Concio, Arch. Serafin G. Aquino Jr.,
Manuel T. Mañosa Jr., Ignacio S. Capili, Benjamin T. Gomez,
Arch. Antonio Kayan (not PIEP), and Arch. Ruperto Gaite
(NU-FEU, not PIEP)

Planning Milestones during
the Marcos Era
© ECOPOLIS
2009 ®
PAGE 68
UNDP assisted formation of UP-Institute of Planning
in 1964 (RA 4341) which was renamed Institute of
Environmental Planning (1974) and then further
renamed School of Urban and Regional Planning
(1983)
PIEP was established in 1969
UP-IEP and UP-CPA (now UP-NCPAG) conceptualized
“Manila Bay Metropolitan Region” in 1971 but plan
was not officially adopted
PD#1 Integrated Reorganization Plan delineated the
country into 11 administrative regions
Town Planning was institutionalized in 1973 thru
Development Academy of the Philippines Task Force
on Human Settlements.

Planning Milestones during the
Marcos Era (continued)
© ECOPOLIS
2009 ®
PAGE 69
 PD 933 in 1976 stated that the objective of development is to liberate
communities from urban blight and congestion and to promote
ecological balance
 Start of Metropolitan Planning of “Greater Manila Area” in 1975 with
Presidential Decree 824 : Four cities & 17 towns were amalgamated
under Metro Manila Commission (annexation model).
 National Environmental Policy and Philippine Forestry Code
promulgated in 1977
 Environmental Impact Assessment System started in 1978
 PD 1308 in 1978 created the Environmental Planning Profession
 Integrated Area Development as Micro-Regional Approach focused on
the 20 poorest provinces– in Bicol Region, Aurora, Catanduanes,
Zamboanga provinces, Bohol, Basilan
 Promotion of Rural Development through Farmers Marketing
Cooperatives (FACOMAs), Rural Improvement Clubs (RIC), 4-H youth
clubs (head, hearts, hands, health), Samahang Nayon, Irrigators
Associations, Cooperative Rural Banks, and programs like KKK.
 National Land Use Committee chaired by NEDA as per Letter of
Instruction 1350 in 1984.

Today’s Planning Institutions
© ECOPOLIS
2009 ®
PAGE 70
 Disconnect between Spatial Planning and
Economic Planning
 NEDA as de facto “National Development Council”
 NEDA-ICC screens investments and infrastructure
 HUDCC as czar on “housing and urban
development”
 HLURB as quasi-judicial authority on “land use”
and residential subdivisions
 Regional Development Councils – merely
advisory in nature, no direct electoral mandate
except in ARMM and CAR, can not execute
projects
 Provincial Development Councils
 Municipal Development Councils
 Barangay Development Councils

NEDA © ECOPOLIS
2009 ®
PAGE 71
 National Economic Council (Commonwealth
Act#2)– forerunner of present NEDA
 functions of NEDA are the following
 Board serves as “National Development Council”
 Formulates MTPDP, NHUDF, NFPP, land use code, and
other all macro-economic and national plans
 Development Budget Coordination
 Investment Coordination
 Regional Development Coordination
 Appraisal, Approval and Evaluation of Public Investment
projects – Infrastructure Development, Social
Development, Human Resource Development
 Coordination of Statistics and Economic Development
Information
 Tariff and Related Matters

H U D C C
© ECOPOLIS
2009 ®
PAGE 72
 EO90 assigns HUDCC as the agency
responsible for coordinating activities of
government housing agencies to ensure
the accomplishment of the National
Shelter Program
 Its forerunner was the Ministry of Human
Settlements (MHS) 1976-86 which was
spearheaded by Imelda Marcos and Dr.
Jose Conrado Benitez (PIEP honorary
fellow);

HLURB
© ECOPOLIS
2009 ®
PAGE 73
 Created as Human Settlements
Commission in 1973 later renamed Human
Settlements Regulatory Commission later
renamed HLURB in 1986.
 Of 1,617 LGUs, HSC reviewed and
approved pro-forma housing and zoning
ordinances of 800 cities/towns; 200 more
were assisted in the 1980s.
 HLURB published its 11-volume Land Use
Guidelines in 1998 and Strategic Planning
Guidelines in 2001

Functions of HLURB
© ECOPOLIS
2009 ®
PAGE 74
 Formulate a multi-year integrated national plan on
human settlements and identify and develop the
spatial implications and components of national and
regional development plans, policies and programs
 Conduct public hearings on all human settlements
plans for submission to NEDA and on all other plans
prepared by it
 Require all persons, corporations or other entities to
furnish it with such physical and operational plans,
maps and other relevant information as it may need
to discharge its duties
 Act as appellate body in case of conflicting decisions
and actions arising from the exercise of the physical
planning functions of the regional and/or local
planning agencies.

Executive Order No. 648 (Reorganizing the
Human Settlements Regulatory Commission)
© ECOPOLIS
2009 ®
PAGE 75
 Section 5 (a) HLURB is mandated to
promulgate land use planning and zoning
standards and guidelines for the guidance and
possible consideration of local governments;
provided that the classification of forest lands
by DNR is respected.
 Section 5 (b) – HLURB is mandated to review,
evaluate and approve or disapprove the
Comprehensive Land Use Development Plans
and Zoning Ordinances of local governments,
provided that the classification of forest lands
by DNR is respected

Segmented Planning by Various
Units
© ECOPOLIS
2009 ®
PAGE 76
 National Anti-Poverty Commission – and
its 11 “basic sectors” councils
(NGOs/POs)
 Disaster Coordinating Councils – various
levels
 Peace and Order Councils – various
levels
 Agrarian Reform Councils – various
levels
 Agriculture and Fisheries Councils –
various levels
 Fisheries and Aquatic Resources
Management Councils – various levels
 Metropolitan clustering – inter-LGU
councils, voluntary cooperation

* Based on Section 114 on the 1991 Local Government Code,
plans of highly urbanized cities and independent component
cities are of the same level as provincial plans in terms of linkage
with regional plans.
M/CCLUP M/CDIP
NFPP
PPFP
MTPDP
RPFP
PDP PDIP
Hierarchy of Plan Documents
Physical Sectoral Investment
© ECOPOLIS
2009 ®
PAGE 77
National
Regional
M/CDP
Provincial
City/Mun
MTPIP
RPIP
AIP
Budget and
Implementation
RDP
AIP Budget and
Implementation

Hierarchy of
Physical
Framework
Plans

Hierarchy of Planning Institutions
© ECOPOLIS
2009 ®
PAGE 80
Level Preparing
Body
Adopting
Body
Reviewing
Agency
Approving
Agency
National NLUC
Technical.
Comm
National Land
Use
Committee
NEDA Board President
Regional RLUC and
NEDA Staff
Regional
Dev‟t. Council
NLUC NEDA Board
Provincial PLUC and
Staff
Sangguniang
Panlalawigan
RLUC HLURB
Metro
HCC / ICC
City Devt
Council and
Staff
Sangguniang
Panglungsod
RLUC or
MMDA
HLURB
City/
Municipal
Devt
Council
Sanggunian PLUC Sangguniang
Panlalawigan

LDC
In Plenary
Executive
Committee
Secretariat
Sectoral or Functional
Committees
Social
Economic
Infrastructure
Environment and
Natural Resources
Institutional
STRUCTURE OF THE LDC
Primary Functions
LDC:
Formulate development plans and policies;
Formulate public investment programs;
Appraise and prioritize programs and projects;
Formulate investment incentives;
Coordinate, monitor and evaluate implementation of development
programs and projects.
Barangay Development Councils:
Mobilize people‟s participation in local development functions;
Prepare barangay development plans;
Monitor and evaluate implementation of national or local
programs and projects.
Executive Committee:
Represent the LDC when it is not in session;
Ensure that the LDC decisions are faithfully carried out and act on
matters needing immediate attention by the LDC;
Formulate plans, policies and programs based on principles and
priorities laid out by LDC.
Secretariat:
Provide technical support to the LDC;
Document proceedings;
Prepare reports;
Other support functions as may be necessary.
Sectoral or Functional Committee:
Assist the LDC in the performance of its functions;
Provide the LDC with data and information essential to the
formulation of plans, programs and activities;
Define sectoral or functional objectives, set targets and identify
programs, projects and activities;
Collate and analyze data and conduct studies;
Conduct public hearings on sectoral planning, projects and
activities;
Monitor and evaluate programs and projects; and
Perform functions assigned by the LDC.

Mnemonic Device
© ECOPOLIS
2009 ®
PAGE 82
 CLUP/Physical
Framework – policies
re: supply of land
 CDP – programs re:
demand for land
 ELA – political
agreement
 LDIP – projects
(specific)
 AIP – pesos

Planning Mandate ofLGUs
© ECOPOLIS
2009 ®
PAGE 85
1. Institutional mechanism
 The Local Plans shall be
prepared by the Local
Development Council;
 Local Plans shall be
approved by the Sanggunian
 Funds for the development
plan shall be allocated by
the Local Finance
Committee; and
 The Local Chief Executive,
together with executive
departments, will implement
the development plan.

Planning Mandate of
LGUs (continued)
© ECOPOLIS
2009 ®
PAGE 86
2. Basic Assumption/Premise
 More participatory with the Local
Development Council as main
venue for participation
 Programs, Projects, Activities would
be more responsive to local needs
and concerns
Question: What is the real record and
performance of LGUs?

Status of CLUP Preparation,
2007. Source: HLURB
© ECOPOLIS
2009 ®
PAGE 88
Cities Municipaliti
es
Provincial
Physical
Frameworks
LGUs with Approved CLUPs
• New Plan* 3 171 16
• Old CLUPs but Updated in
the last 3 years
99 723 43
• Old CLUPs not updated in
the last 3 years
17 368
LGUs without approved
CLUPs (but reported having
on-going planning activities)
1 228 22
Total number of LGUs 120 1490 81

State of Local Development
Planning
© ECOPOLIS
2009 ®
PAGE 89
 Urban focused land use plans – Many
CLUPs do not have detailed land use
policies for production, protection, and
coastal zones
 Tendency of urbanizing LGUs to
overestimate projected requirements in
reclassifying agricultural lands
 Many land use plans are not linked
with economic levers or drivers such
as taxation and investment
incentives,and livelihood / poverty
alleviation strategies ;
 LGUs with good action plans,
including CDS cities have not prepared
or have outdated comprehensive
development plans
 Some LGUs have recycled plans to meet
requirements of two or more donor
programs

 Only 11 out of 26 NGA-mandated plans can be
recalled by LGUs
 Disaster Management Plan & the Solid Waste
Management Plan were considered most useful in a
survey
 LPRAP & GAD were consistently mentioned as
unnecessary
 38% of NGA-mandated plans have not been
formulated
 No sanctions anyway
 Plans were not considered necessary or beneficial
 Repetitive
 No focal person to steer the plan formulation process
Multiplicity of LGU Plan
documents
© ECOPOLIS
2009 ®
PAGE 90

© ECOPOLIS
2009 ®
PAGE 91
List of LGU Plan documents required by National
Government Agencies (source: DILG)
 Other sectoral plans
mentioned
18. Nutrition Action Plan
19. ICT Plan
20. Local Shelter Plan
21. ADSDPP
22. Plan for the Elderly
23. Plan for Health and Family
Planning
24. Coastal Management
 Plan
25. Information Strategic and
Management Plan
NGA-mandated plans
1. Action Plan for the Protection of
Children
2. AFMA / SAFDZ Plan
3. Annual Culture and the Arts Plan
4. Anti-Poverty Reduction Plan
5. Local Coconut Development Plan
6. Disaster Management Plan
7. Food Security Plan
8. Forest Management Plan
9. Gender and Development Plan
10. Integrated Area Community Peace and
Order and Public Safety Plan
11. Local Entrepreneurship Development
Plan
12. Sustainable Area Development Plan
13. Local Tourism Plan
14. Small and Medium Enterprise
Development Plan
15. Solid Waste Management Plan
16. Watershed Management Plan
17. Revenue Generation Plan

Critical Issues
© ECOPOLIS
2009 ®
PAGE 92
1. Generally Low Planning Capabilities
 Most Planning coordinators/officers at provincial-
level appear qualified as far as education and
experience are concerned. A major constraint,
however, is that the majority of planning
technical personnel lack formal planning
expertise, especially among plantilla staff.
 Planning office productivity and efficiency are
also hampered by additional tasks and
assignments that are unrelated to its planning
mandate. Moreover, plans other than the PDP
and the PPFP appear to have priority because
these are mandated by national government
agency or by an international donor institution.

Critical Issues (continued)
© ECOPOLIS
2009 ®
PAGE 93
2. Local Plan Has Weak Impact on
Local Development
 The planning process is largely a
“technical,” intensively data-driven
activity that is not integral to the
political process. The PDP is thus largely
a technical, rather than a policy
document which has virtually no
influence on investment and budget
decisions.
 Participation of key political players in
the planning process is superficial: they
rarely attend PDC meetings during which
local plans are deliberated upon. A
major reason for this is that political
actors dot not expect their project
priorities to be implemented via the local
development planning process.

© ECOPOLIS
2009 ®
PAGE 94
2. Local Plan Has Weak Impact on Local Devt.
(continued)
 The operational plan document is, in reality, the
Annual Investment Program (AIP). The AIP is often a
separate document that is not linked to the Local
Development Plan, effectively shortening the
planning horizon to one year, and transforming the
local plan to a mere compliance document.
 The AIP is also at the core of the political process.
Projects in the AIP are contributed by different local
political actors who receive CDF-likle allocations from
the LDF. Consequently, project listings in the AIP are
a “mixed-bag” of small, unrelated projects that have
no clear connections to a more long-term
development strategy for the locality

© ECOPOLIS
2009 ®
PAGE 95
3. Generally Poor Plan Quality
• There is substantial room for improving the
content and format of local plans. Their non-
responsive role is directly reflected in their
decline as reference plan for various purposes.
• Key areas for improvement include:
 More dynamic dimension to situation analyses by
increasing considerations for projections, trends and
growth rates;
 Strengthening linkage between situation analyses on
one hand, and objectives, strategies and project on
the other;
 Prioritizing identified problems and issues;
 Consideration for external linkage, and the role of the
private sector

© ECOPOLIS
2009 ®
PAGE 96
4. Weak Linkages Among Network of
Plans
 The linkages among the existing
network of plans are generally weak.
The linkage between the development
plan and the land use plan is not very
evident.
 There is likewise little linkage between
the plans and the AIP. For this reason,
the plan has, in reality, little impact on
local development.
 Linkage is likewise not very
among plans at various levels.
the integration of national
concerns and other
evident
As well,
sectoral
planning
frameworks (e.g., plan for children,
poverty plan, etc.) in local development
plans is not apparent.

© ECOPOLIS
2009 ®
PAGE 97
6. Plan Financing
• There is a mismatch between revenue means and
expenditure needs of LGUs. Fiscal gap has given
rise to lack of real fiscal autonomy and weak
accountability among LGUs.
• Unless LGUs are able to significantly improve their
own-source revenue efforts and/or tap non-
traditional sources of funds, they will remain
dependent on the LDF. This could adversely affect
their ability to finance more strategic projects that
are critical to local development.

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