LEGAL MANDATES for Land Use

1987 Constitution
Article XIII, Section 1 of the Constitution
provides that “the State shall regulate
the acquisition, ownership, use and
disposition of property and its
increments.”
Article XII, Section 6 which states: “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.”
LEGAL MANDATES

Republic Act 7160 (Local Government

Code of 1991)
Sections 20, 447 and 458 mandate that
LGUs shall prepare and adopt their
respective CLUPs and enact related
zoning ordinances to serve as the basis
for the future use of land resources; and
to prescribe reasonable limits and
restraints on the use of property within
their jurisdictions.
LEGAL MANDATES

Republic Act 7160 (Local Government

Code of 1991)

Sections 444 and 455 specify that LGUs

should adopt measures to safeguard and
conserve land, mineral, marine, forest,
and other resources of the LGUs.

Section 468 mandates the HLURB to

formulate land use planning guidelines
and standards.
LEGAL MANDATES

Republic Act 7160 (Local Government

Code of 1991)
Section 16 states the powers of LGUs
necessary for efficient and effective
governance, and those essential for the
promotion of the general welfare, health
and safety, balanced ecology,
preservation and enrichment of culture,
enhancement of economic prosperity
and social justice, and preservation of
comfort and convenience of its
population.
LEGAL MANDATES

Executive Order No. 72

This provides for the preparation and
implementation of the CLUP by the
LGUs, and the role and responsibilities of
the HLURB and Sangguniang
Panlalawigan for review, guidance,
approval and adoption of such CLUPs.
LEGAL MANDATES

Republic Act 7279 (Urban Development

and Housing Act)
This gives a clear-cut definition of a Land
Use Plan which LGUs are mandated to
adopt. It defines Land Use Plan as 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 an area and
the program under this Act.”
GUIDING PRINCIPLES AND POLICIES

•Philippine Agenda 21 (PA21),

•National Framework for Physical
Planning (NFPP),
•Co-Management Principle, and
•the Gender-responsive Population and
Development (POPDEV) Framework
 GUIDING PRINCIPLES AND POLICIES

•Philippine Agenda 21 (PA21),

•outlines the integrating strategies for the

country’s overall sustainable development and
identifies the areas for intervention (Action
Agenda) from the national to the regional level,
along with corresponding implementing
platforms and plans.
•envisions a better quality of life for all through
the development of a just, moral, creative,
spiritual, economically-vibrant, caring, diverse yet
cohesive society characterized by appropriate
productivity, participatory and democratic
process and living in harmony within the limits of
the carrying capacity of nature and the integrity
of creation.
 GUIDING PRINCIPLES AND POLICIES

•Philippine Agenda 21 (PA21),

•outlines the integrating strategies for the

country’s overall sustainable development and
identifies the areas for intervention (Action
Agenda) from the national to the regional level,
along with corresponding implementing
platforms and plans.
•envisions a better quality of life for all through
the development of a just, moral, creative,
spiritual, economically-vibrant, caring, diverse yet
cohesive society characterized by appropriate
productivity, participatory and democratic
process and living in harmony within the limits of
the carrying capacity of nature and the integrity
of creation.
 GUIDING PRINCIPLES AND POLICIES

•Philippine Agenda 21 (PA21),

Sustainable development as defined in PA21

(1996) is “harmonious integration of a sound
and viable economy, responsible governance,
social cohesion and ecological integrity, to
ensure that development is a life-sustaining
process.”

PA21 has five goal elements, namely: poverty

reduction, social equity, empowerment and
good governance, peace and solidarity, and
ecological integrity. Each of these elements
have an influence on land use.
 GUIDING PRINCIPLES AND POLICIES

•Philippine Agenda 21 (PA21),

Sustainable development as defined in PA21

(1996) is “harmonious integration of a sound
and viable economy, responsible governance,
social cohesion and ecological integrity, to
ensure that development is a life-sustaining
process.”

PA21 has five goal elements, namely: poverty

reduction, social equity, empowerment and
good governance, peace and solidarity, and
ecological integrity. Each of these elements
have an influence on land use.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

provides the principles consistent with the
planning and management of resources:
• Food security
• Environmental stability and
ecological integrity
• Regional urban development
• Spatial integration
• Equitable access to physical and natural
resources
• Private-Public Partnerships
• People empowerment
• Recognition of the rights of
indigenous people
• Market orientation
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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
resources management, and balancing the demand of
land-using activities vis-à-vis preservation of
ecosystems. A related principle is “Appropriate
Location” which ensures the proper selection of a site
to minimize the damage both to the environment and
human health.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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
resources management, and balancing the demand
of land-using activities vis-à-vis preservation of
ecosystems. A related principle is “Appropriate
Location” which ensures the proper selection of a
site to minimize the damage both to the
environment and human health.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

Regional urban development – Encouraging

the sustainable growth of cities and large towns
while complementing the growth of rural areas
by adopting integrative development
approaches (such as watershed-oriented
planning and management).
Spatial integration – Linking consumption and
production areas to achieve physical and
economic integration through appropriate
infrastructure systems.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

Regional urban development – Encouraging

the sustainable growth of cities and large towns
while complementing the growth of rural areas
by adopting integrative development
approaches (such as watershed-oriented
planning and management).

Spatial integration – Linking consumption and

production areas to achieve physical and
economic integration through appropriate
infrastructure systems.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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 Partnerships – Encouraging
shared responsibility between the government
and the private sector in the development and
management of the country’s physical
resources.
.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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 Partnerships – Encouraging

shared responsibility between the government
and the private sector in the development and
management of the country’s physical
resources.
.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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
rights to develop, control, and use lands within
their ancestral domains.
Market orientation – Adopting the interplay of
market forces within the framework of
ecological and inter-generational factors as a
basic parameter in the allocation and use of
physical resources.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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
rights to develop, control, and use lands within
their ancestral domains.
Market orientation – Adopting the interplay of
market forces within the framework of
ecological and inter-generational factors as a
basic parameter in the allocation and use of
physical resources.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

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
rights to develop, control, and use lands within
their ancestral domains.
Market orientation – Adopting the interplay of
market forces within the framework of
ecological and inter-generational factors as a
basic parameter in the allocation and use of
physical resources.
 GUIDING PRINCIPLES AND POLICIES

National Framework for Physical Planning

identifies four major land use components

•Settlements development
•Production land use
•Protection land use
•Infrastructure development
 GUIDING PRINCIPLES AND POLICIES

Co-Management Principle

Section 3 of the Local Government Code

provides that “local government units shall
share with the national government the
responsibility in the management and
maintenance of ecological balance within
their territorial jurisdiction.” Local
governments and the national government
are, therefore, mandated to act as co-
managers of the national territory and
patrimony. This applies especially to coastal,
marine, and forest areas located within the
boundaries of LGUs but are covered by
national environmental laws.
 GUIDING PRINCIPLES AND POLICIES

Gender-responsive Population and

Development Framework

This refers to the integration of gender and

explicit consideration of development
(socio-economic, physical, cultural, etc.)
and population interrelationships in the
entire planning process – from plan
formulation to plan implementation,
monitoring and evaluation. The application
of this planning approach provides a
mechanism and ensures the integration of
sustainable development prerequisites in
planning.