Hlurb - Clup Guidebook Vol 4
Hlurb - Clup Guidebook Vol 4
Hlurb - Clup Guidebook Vol 4
1987 Constitution
RA 7160 “Local Government Code “
RA 7586 “National Integrated Protected Areas System Act of 1992” and IRR
RA 10587 “Environmental Planning Act of 2013”
Planning Definitions
Systematic process determining means
Making an orderly sequence of actions to achieve of establishing and procedures to
stated goals ends and achieve that end
Scope and Practice of EnP (PD 1308) General Welfare Goals (RA 7160 Sec. 16)
Important Definitions
manufacturing, Barangays with at
Philippine Definition of Urban recreational\ least 1,000
inhabitants,
NSO definition operational, not conceptual. Old At least three (3) of meetings /
definition: the following: conditions,
occupations are
Cities and municipalities in their entirety with Town hall, church predominantly
population density of 1,000 persons/square or chapel (at least 1 non-fishing
kilometre service/month)
Urban Varies per
Poblaciones or city/municipality central districts Public plaza, park country No
have a population density of or cemetery commonly-agreed
international
persons/square kilometre Market / trading definition.
place (at least 1
Poblaciones or central districts regardless of activity/month) (New - NSCB
population size with: Board Reso No. 9,
Public building s 2003)
Street pattern – parallel or right angles (school, hospital,
etc.) If a barangay has a
At least six (6) establishments – commercial,
population size of 5,000 or more, then a the barangay hall, classified as urban
barangay is considered urban, or then a barangay is and all highly
considered urban. urbanized cities
If a barangay has at least one establishment would be subjected
with a minimum of 100 employees, a barangay Furthermore, all to the urban-rural
is considered urban, or barangays in the criteria in order to
National Capital determine its
If a barangay has 5 or more establishments with Region are urban-rural
a minimum of 10 employees, and 5 or more automatically classification.
facilities within the two-kilometer radius from
paper or print
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Page 4
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Planning Approaches
Long process, Planning
Master Plan / allows for
Blueprint participation Communicativ
‘Top-down’; dominant e Planning
vision of authority Mixed
Physical planning and Scanning – Frankfurt
design-oriented Amitai Etzioni School of
“Successive Social Critical
Systems Planning limited Theory
“Cybernetics” – comparisons”
Norbert Wiener Jürgen
- Habermas –
Planning like a ‘transactive’
computer that utilizes Strategic (To and fro)
information / feedback selection of
in an iterative, goals, loose Group interest
framework determined
cyclical fashion through
Advocacy or dialogue
Brian McLoughlin – Activist
Cyclical Process Planning Participatory
George Chadwick – Planning
Systems Approach
Applying
Allan Wilson – Linear Actual
explicit
Planning
principles of involvement of
social justice citizenry in
Rational –
planning
Comprehensive /
Planners
Synoptic
should Not mere
Patrick Geddes (Survey
advocate for consultation;
– Analysis – Plan)
disenfranchise plan with
All sectors, aspects –
d people, not for
overwhelming data
people
Pluralism in
n guiding overall theory
Incremental Decisio mutual or general principle –
Planning / n- adjustm actions become un-
“Disjointed making ent” - integrated
Incrementali is a Negotia
sm” successi tion and Deals with realities of
“the science on of political delays, scarce
of muddling approxi compro resources, insufficient
through” – mations mise information
Charles ;
Lindblom “partisa No [See: EnP Pack/References
and (58,000 Town, environment; road,
Readings/Classic
pax) Country
Readings/Planni
ng Approaches]
surroun , Town- Country: vice-versa
ded by Country - In concentric
Urban rings, towns grow by
Planning - “Three greenbe “cellular addition”
Models Magnet lts/farm
s”; land. [See: EnP Pack/References
and Readings/Classic
Garden Linked
Readings]
City Garden by rail,
Cities
(Ebenezer * If you must print,
(30,000 - City: please use scratch paper
Howard)
pax) jobs but or print back to back.
-
separate poor
Central City
d by
Page 6
- Eco – Anarchism: Anti-big city return Slum demolitions gave rise to advocacy
to micro identities as spatial strategy planning
Great Thinkers
planner
Hippodamus of Miletus (407 B.C.) Henry Wright
(1878-1936) Father of Regional
“Father of Town Planning” in Europe. Lawyer- Planning
architect; emphasized geometric designs Introduced
“superblock” “Survey – Analysis
Charles – Edouard Jeanneret concept in US “New – Plan”. Coined
Town” terms “city-region”,
(1887- 1965) “Le Corbusier” “Conurbation”.
Sir Patrick Geddes “Folk Work Place”
Swiss-French Architect-planner, focused on (1854-1932) framework
architectural style.
Scottish biologist, Thomas Adams
Criticized for “planning paradox” sociologist, city Father of Urban
Planning in Canada Daniel Hudson
Burnham (1846- Frank Lloyd
Formed Town Planning Institute of Canada 1912) Wright (1867-1975)
(1919)
Father of American “Broadacre City”
Jane Jacobs (1916-2006) City Planning; urban
Prophet of City decentralization;
Diversity in geographic concentration spurs Beautiful low-density, car-
urban growth; mixed-use neighbourhoods Movement. Chicago oriented, 1 acre per
make vibrant urban communities Plan (1909) family
paper or print
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Page 8
(EIA) system
[See: EnP Pack/References and Readings/Classic Readings]
5. Concentration: distribution of activities, population and manner which they have focused on
city centre
8. Survival of the fittest: powerful groups acquire best locations who can maximize, pay cost
Lure of “bright of agri
Forces shaping a City lights” inputs/outputs
Centripetal (Pull forces of a city)
Clustering of certain functions Centrifugal
Push Forces (Rural (Push forces
Maximum accessibility to city) from city)
Wars and civil strife Increasing bid
Proximity to range of entertainment rent
Prestige of central address Natural calamities Congestion
Accessibility, rent and densities decrease with distance from city centre; commercial agents that can
afford high land values will concentrate at centre
Downtown / CBD
V. Suburban Area
Concentric Zones
Zone II – Zone in Transition. Early suburban fringe being taken over by industry, hence run-
down, declining residential
Zone III – Independent Working Men’s Homes. Respectable working class with families that escaped
Zone II but need cheap housing close to work places. Zone focused on factories
Critics: overemphasized residential patters; neglected factors like physical features, industrial
Lack of adequate, dependable transport system restricts elite close to work at city centre
City functions (administrative, religious, cultural) controlled by elite, concentrated at city centre
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Page 11
Criticisms
Nuclei acts as growth centres for particular land uses (industry, retail, etc.) that expand and
merge to form single urban area
Geographic Principles:
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scratch
paper or
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Spatial Equilibrium
Transportation
European market economy just before / after Uniform cost proportional
Industrial Revolution; cities structured in a topography, to distance,
spatially balanced hierarchical system climate, crop invariant to
prices and yields direction
Goods, services distributed evenly in
systematic pattern dominated by central Markets Farmers and
places relatively businessmen are
isolated from profit-
City is centralization, convergence of central other
maximizers;
places
perfect free
‘Friction of market
Problematic assumptions; can’t be applied Distance’ –
universally
competition
diminishe centre significantly of
Agricultural Land Rent s with from model; productivity,
Theory (1842, 1896) distance - Johann not concentric, considers
from Heinrich follows other values
market Von natural
Land nearest to market in centre Thünen features No sole
greatest demand due to low (1783-1850) isolated
transport cost – highest rent, Concentric Farmers are centre, there
value rings Most actual ‘satisficers’ – are
around agri land content with secondary
Production intensity, land use market use deviates a certain level markets
higher gradien es city is commerci (ex. away
transp ts, rent mono- al space traffic from
ort with centric; (retail, congesti city
Urban Bid Rent Theory and highest only offices)
on) centres;
(1964) operat gradien applies to ex.
t would cities Disecono Urban
ing Suburba
Land value is maximum costs prevail with mies of land
nization,
at city centre; more urbanizatvalue at
strong growth
accessible to centre has Differe ion core
urban of
higher value, declining nt land moves decrease
core / multiple
farther away from uses Willia manufact s as
CBD (e.g. nodes
transport, employment would m uring
Zurich) populati
have Alonso from on
Rent diminishes to differe Applies to urban moves
offset lower revenue, nt rent Assum centres
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you print, use paper or back to
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Region - sub-national territory with known scale (size) and extent (scope)
Formal Region Geographical area uniform and homogenous in terms of related criteria;
variability absent
Virtual Region – network of functionally – related areas with high level of connectivity (ICT)
and economic inter-flows though not spatially proximate or contiguous.
(Ex. Network Economy – ICT enables firms to create dispersed economic networks)
Thomas Adams and Lewis Mumford debated multi-volume Regional Plan of New York, 1928-1932
Los Angeles County (1922), Appalachian Trail (1928), Tennessee Valley Authority (1933), Grand
Coulee Dam (1935), Colorado River-Hoover Dam (1936), St. Lawrence Seaway (1959), Delaware River
(1961), Miami (Ohio) Valley (1970); counties, river basins, dams, valleys
Regional Planning dovetailed with Transport Planning
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Regional Planning
Regional divergence – inherently unequal due to geography, natural resources, history, socio-
economics
Horizontal: Firms produce components of product that are complementary in use (furniture)
Section 2. Declaration of Policy: “subdivisions of the State shall enjoy genuine and meaningful
local autonomy… fullest development as self-reliant communities… effective partners in the
attainment of national goals.”
Either by law enacted by Congress (province, city, municipality, other political subdivision), or
ordinance by Sangguniang Panlalawigan/Panglungsod (barangays)
Section 18. Power to Generate and Apply Resources: taxes, fees for development
Section 19. Eminent Domain: through an ordinance, for public use/welfare, upon payment of
just compensation, after a valid offer has been rejected
Land shall have substantially greater economic value for residential, commercial, or industrial
purposes – limited to the following percentages:
st rd
10% | Component cities, 1 -3 class municipalities
5% | 4th – 6th class municipalities
LGU shall prepare Comprehensive Land Use plans enacted through zoning ordinance.
Section 25. National Supervision over LGUs: by the President - directly over Provinces, HUCs,
and Independent Component Cities; through Province for municipalities and component cities;
through Cities and municipalities for Barangays.
Section 26. Duty of National Government Agencies in the Maintenance of Ecological Balance:
to coordinate with LGUs regarding envi impact of projects/programs
Section 27. Prior Consultations Required: No project/programs implemented unless
consultations are complied with and approved by the Sanggunian
Section 111. Executive Committee / Section. 112 Sectoral or Functional Committee Section 113.
Secretariat (see chart in next pages)
Section 114. Relation of LDC to the Sanggunian and the Regional Development Council:
Policies, programs, projects submitted to the Sanggunian. Approved plans may be integrated
with development plans of next higher LDC.
(b) Approved plans of Provinces, HUCs, and ICCs shall be submitted to the Regional DC,
integrated into Regional Development Plan for submission to NEDA
Section 119. Appeal. May elevate to Regional Trial Court with jurisdiction over area
Section 120. Local Initiative Defined: “legal process whereby the registered voters of an LGU
may directly propose, enact, or amend any ordinance.”
Section 126. Local Referendum Defined: “legal process whereby the registered voters of the
LGUs may approve, amend, or reject any ordinance enacted by the Sanggunian.”
Section 129. Power to Create Sources of Revenue: to levy taxes, fees, and charges
Section 132. Local Taxing Authority: exercised by the Sanggunian through an ordinance
Section 201. Appraisal of Real Property: at the current and fair market value
Section 216. Special Classes of Real Property: hospitals, cultural, scientific purposes; owned by
local water districts and GOCCs rendering supply/distribution of water/electricity
Section 232. Power to Levy Real Property Tax: A Province / City / Municipality within
Metropolitan Manila area may levy an annual ad valorem tax on real property
Section 233. Rates of Levy: (a) not exceeding 1% assessed value for provinces;
(d) not exceeding 2% of assessed value for city / municipality within Metro Manila Area
Section 235. Additional Levy on Real Property for the Special Education Fund:
Other lands in city/municipality more than 1,000 sqm, ½ of which remain unutilized/ unimproved.
Applies to residential lots in subdivisions regardless of area
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Section 271. Distribution of Proceeds: Basic real property tax, not including SEF/Idle lands
a)
Province
35% Province
40% Municipality
25% Barangay
Distributed equally
where property is located
c)
Municipality
35% Metro
30% Municipality
- 15% All Barangays
in Metro
Manila
where property is located
- 15% Barangay
Manila
Authority
- 23% Provinces
- 23% Cities
- 34% Municipalities
20% Barangays
“share of each Barangay with a population of not less than 100 inhabitants shall not be less than
P80,000 per annum chargeable against the 20% share of the Barangay from the IRA, and the
balance to be allocated according to following formula: Population (60%), Equal sharing (40%)
Section 287. Local Development Projects: LGU shall appropriate NO LESS than 20% of IRA
Section 290. Amount of share of Local Government Units: LGUs shall have 40% share of gross
collection derived by the national government from the preceding fiscal year from mining taxes,
royalties, forestry and fishery charges, and other income from its share in any co-production,
joint venture, or production sharing agreement in utilization and development of national wealth
in its area.
a) 200,000 Minimum Population b) P50,000,000 latest annual income b) Voters of HUCs don’t
vote for provincial officials
Section 453. Duty to declare Highly Urbanized Status: By the President within 30 days of
meeting minimum requirements
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(Rationalized Local Planning System/Chapter 2/2.1 General Planning and Development Model)
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Punong Barangay
Members of Sangguniang Barangay
Congressman’s representative
(RA 7160 Local Government Code/Sec. 107) (Rationalized Local Planning System/Chapter 1 Local Planning Structure)
Sub-sectors (3
Health; Education, culture, recreation; Welfare; Housing; Protective Services - Gender Equity
Concerns
Sub-sectors (4)
Primary Sector – Agricultural crops; Livestock; Fisheries (in-land, brackish, marine); Forestry
Secondary – Mining and Quarrying; Manufacturing; Construction; Electricity, water, gas, utilities
Tertiary – Wholesale & retail trade; Transport and Communications; Finance; Insurance and
related activities; Real Estate; Personal and Community services; Tourism
Informal Sector
- Conserve & co-manage natural resources - Review of EIAs; enforce conditionalities of ECCs
Mineral lands – surface); marine
Sub-sectors (7) metallic; non-
metallic Air Quality
Lands – Public Domain; Private, A&D; Ancestral
Domain Waste
management –
Forest lands – Protection; Production Water resources Solid; Liquid
– Freshwater waste; Toxic &
Parks, wildlife & other reservations (ground, hazardous
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Infrastructure Development Sector
(General welfare goal 2, 6, 9)
-
Preferred spatial strategy / urban form
- Upgrading quality of services, facilities
- Food self-sufficiency & production targets
and desired standards
-
Eliminating backlogs on social service
- Reducing vulnerability to envi risks and
provision
disasters
Sub-sectors (3)
Economic Support – Irrigation systems; Power Generation; Roads; Bridges, Ports; Flood Control
and drainage; Telecommunications
Social Support – Hospitals; Schools; Waterworks and Sewerage; Public Socialized Housing;
Facilities for aged, infirm, disadvantaged
Public Administrative Support – Government buildings; Jails; Freedom Parks; Public Assembly areas
Institutional Development Sector
-
Organization and Management
- LGU-NGO-People’s Organization
-
Fiscal Management
linkages
Legislative Output
(Rationalized Local Planning System/Chapter 1 Box 1//Chapter 6 /6.2 the Sectors and their Concerns)
Vision to Goals
“Vision Elements” - Using 5 Development sectors (Envi/Infra can be combined – “Built envi”)
Success Indicators: “Ideal” condition per descriptor. Expressed in superlative/ max values
Vision Reality Gap Analysis: Success Indicator – assigned rating/current level of attainment
- Sample Matrix
Descriptor
Success Indicator
Current rating
Interpretation
- Healthy
0% Malnutrition rate
40%
Needs more effort
0 Maternal mortality
5
50% reduction
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“To + verb”
0 – Absolutely nothing
1-4 – Low attainment
6-9 – Short of full attainment
N – No Data
5 – Half achieved
10 – Goal attained
Socio-Economic Profile
Ecological Profile (LPDO/C responsibility)
- Basic reference about aspects of locality
- source of data/information on LGU
- simple snapshot of area at a given point in time
- periodic capture of same data sets
- distribution of data attributes not consistent
- Data disaggregated to lowest level
- Cursory treatment of physical / envi sectors
- due recognition for bio-physical/ecological
Environmental Factors
Local Development Indicator System (LDIS) Transforming Data into Useful Information
(Rationalized Local Planning System/Chapter 3 Building and Maintaining an Information Base for Local Planning)
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Sectoral goals, objectives & targets: a.) Vision-reality gap analysis; b) Attainment level rating
Policies, programs, projects & services: a) Regulatory measures; b) Programs, projects; c) services
Inter-sectoral Integration: (projects could be combined into a program for a multi-sector issue)
Sectoral development objectives and targets: (can use vision-reality gap analysis)
(Rationalized Local Planning System/Chapter 6) (EnP Pack/Manuals/Local Planning Manuals/ CDP Guide)
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Development Fund
LPDC, Budget Officer, Treasurer (+ Appropriations committee chair, Assessor, LGU Accountant, Private
sector representative, CSO representative)
(Rationalized Local Planning System/Chapter 8) (Manuals/Local Planning Manuals/ CDP Guide/Chapter III)
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Solicit, compile project ideas (by LDPO from a) CDP; b) Sectoral Committee, c) others
Screening for complementarity, compatibility, conflict (can be done simultaneously with Initial
Screening)
2.
Determining Investible Funds
(by Local Finance Committee)
-
Collect revenue data, determine historical trends: Recurring (a-e), non-recurring (f)
a)
Real Property Taxes
c)
Other Taxes
e) Internal Revenue Allotment
b)
Business Fees and
d) Services and Operations
f) All others
Licenses
Income
-
Collect operating expenditure data, existing debt service, determine historical trends
A)
General Public Services
C)
Economic Services
B)
Social Services
D)
All others
(LPDO prepares LDIP, submitted to LCE, endorsed to Sanggunian, LDIP gets adopted)
First Round Matching (projects that cannot be funded from recurring sources sent to LFC)
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N PFP
MTPDP
National (N)
MT DIP
Regional (R)
R DIP
R PFP
R DP
Provincial (P)/
P CDP/
P DIP/
P DPFP
City (C)
C CDP
C DIP
City (C)/
C /M
L DIP
C/M
Municipal (M)
CLUP
CDP
PFP = Physical Framework Plan
Plan
Plan
DP = Development Plan
Philippine Agenda 21: Policy framework for the country’s sustainable development strategy
-
Food Security
-
Market Orientation
-
Regional Urban Development
-
Environmental Stability and
- Equitable Access to physical and
Ecological Integrity
natural resources
-
Spatial Integration (linking
- Private – Public Sector Partnership
Indigenous People
National Strategic Framework for Climate Change (NSFCC 2010-2022) - Integrated Ecosystem –
based Management
RA 9729 Section 14: Mandates LGUs to formulate Local Climate Change Action Plans (LCCAP)
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Protected Areas – Life-support systems; food source, clean air/water, waste receptor -
NIPAS; - Non-NIPAS; - Protected Agricultural
Environmentally Constrained: forestland (slope > 18%), escarpments and fault zones (40m buffer
zones) waterfalls, volcanoes, geohazard areas.
Permanent Forest (virgin or old growth, primary broadleaf, areas with > 1000m elevation)
National Parks; - Forest; - Critical river Watersheds; - Forestland buffer zone
Integrated Social Forestry;
Watershed/water catchment reserve: forestland section with area 100m-radius around rivers,
springs which serve as catchment for water sources
- Urban (town center/s); - Rural (upland, coastal, lowland); - Indigenous People’s Settlements
High/Low Density Residential (Building, structural, sanitary codes; clean air/water acts)
Socialized Housing (BP 220); (Public) open spaces (local ordinances); temporary residences
Agricultural: Croplands, fishery, livestock, forestry, estates, SAFDZ (AFMA, CARL), Network of
Protected Areas for Agricultural and Agro-Industrial Development
Discuss need to prepare / update CLUP (with local officials; activities, rationale, framework)
Assess available resources (funds, personnel, equipment, supplies, materials)
Prepare proposal with work program, budget, teams
Present proposal to local officials (to LCE and Sanggunian for approval resolution)
Organize Planning Team (Executive Order designates members of Core team, TWG)
Brief Planning Team (on roles, responsibilities, and activities)
Disseminate information to general public (through barangay assemblies, IEC, etc.)
Identify Stakeholders
Conduct sectoral studies (demography; social, economic, and infra sectors) (See Volume 2,
Guide/Manual to Sectoral Studies in CLUP Preparation)
Estimate total land area required for urban development, special planning areas
Cross – sectoral analysis and integration (to derive problems and issues) SWOT
Discuss LGU’s potentials and comparative advantages
Rank priority issues and problems (by urgency, seriousness, magnitude, etc.)
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VII. Preparing the Land Use Plan (detailing preferred development strategy)
Define title and purpose ( Art. I Title; Art. II Authority and Purpose)
Designate / classify specific zones (Art. IV Zone Classifications / Boundary Descriptions)
Identify zone use and regulations (Art. V Zone / Art. IV General District Regulations)
Determine innovative techniques, miscellaneous provisions and mitigating device (Art. VII, VIII,
IX titled similarly)
Identify / define provisions to administer, enforce ZO (zoning officer, LZBAA, LZRC) (Art. X
Administration and Enforcement)
Brief LDC, submit to Sanggunian for First / Second readings (prior to reviews)
Provincial Land Use Committee (PLUC) for Component Cities and Municipalities
HLURB, after Regional Land Use Committee (RLUC) for HUCs and ICCs, and MMDA for Metro
Manila LGUs
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Sanggunian conducts 3rd and final reading to adopt CLUP, enact ZO, then;
Submits to PLUC/HLURB for approval/ratification
Planning (OAGMP)
Subdivision control (deeds of restrictions; paving requirements, provision of curbs, water lines)
Environmental Law Enforcement Ordinances (for trees, signs, grading, air quality)
Taxation: Basic Taxes, Idle Lands, Impact fees, Special Benefit Levy, SEF
Acquisition: Fee Simple purchase, dedications, Eminent Domain, Exactions, Conservation easements
Co-management
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Municipal Waters
Color
Base Zones
Regulations / Uses
Codes
Forest (protection/production)
PD 705, NIPAS, specific proclamations
Agri (protection/production)
AFMA (NPAAAD, SAFDZ)
Residential – 1 (R-1)
Low-rise, 20 dwellings/ha; 3 storeys
R-2
Medium-density, multi-family; 3-5 storeys
R-3
Medium-high density, 3-12 storeys
R-4 / R-5
Low-rise townhouses/ high-rise; 3-18 floors
Commercial – 1 (C-1)
Neighbourhood-scale businesses; 3 storeys
C-2
Complementing/supplementing CBD; 6 storeys
C-3
High-density, might be CBD, 60 storeys
Industrial – 1 (I-1)
Non-pollutive / (non)-hazardous
I-2
Pollutive / (non)-hazardous
I-3
(highly) pollutive / (extremely) hazardous
Parks /Cemetery
Recreation, internment of the dead
Utilities, Transportation
Transport terminals, power/water lines, telecoms
Overlay Zones
Ancestral Domain, Hazards, Ecotourism, etc.
(EnP Pack/Manuals/CLUP Guides/ (2006) CLUP Guide Vol.3 Model Zoning Ordinance_HLURB)
Article XIII, Section 1: “…the State shall regulate the acquisition, ownership, use and disposition of
property and its increments (to equitably diffuse wealth and power)
Article XII, Section 6: “…duty of the State to promote distributive justice and to intervene when the
common good so demands.”
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Section 1: (a) Cities and municipalities, (b) Metro Manila LGUs shall prepare, update their
CLUPs in conformity with planning standards and guidelines of HLURB
Section 2: (d) power of HLURB to approve/review CLUPs of component cities and municipalities
devolved to province;
Pursuant to LOI 729 S. of 1987, EO 648, RA 7279, CLUPs of Provinces, HUCs, and ICCs reviewed
and ratified by HLURB;
EO 648 – Reorganizing the HSRC (mandating HLURB) (a) To promulgate zoning and other land use
control standards and guidelines that shall govern CLUPs / ZO
Section 447 (Municipality)/ Section 458 (City): CLUPs in coordination with PLUP, ZO, prescribe
limits, restraints on property
Legal sense: ground, soil or earth that is subject of ownership and everything annexed to it
Economic sense: as a natural resource
As consumption good – enjoyed with no further production or processing (e.g. ecotourism areas)
As a Natural Resource: provides intrinsic environmental value. Loses that but gains economic
value if developed
As Property: Ownership rights, limited by overall interests of society as administered by the
State
As Territory: absolute rights of the State over sovereign territory. The claim of a group of people
to have space to live and work in a manner consistent with their shared values and accepted
norms
Land Use Conversion – Reversible (soil to soil or site to site) or Irreversible (soil to site)
Land Use Capacity: practical limits to which land can be put to productive use
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Page 38
Economic use Capacity: ability to produce net return above production costs of its use
Highest and Best Use: Use of land provides optimum return to operator or society
Carrying Capacity: Intensity of use that land can be put without causing significant damage
Sustainable Development: Highest and best use without exceeding carrying capacity
Land Use Planning: Proper management of land resources to promote the public interest
(E.M Serote/Property, Patrimony and Territory/Chapter 1 Essential Concepts Related to Land Use Planning )
Slope: gradient or inclination of a surface; ratio of vertical rise to horizontal run 0 - 3% - Flat /
level (3% minimum for natural drainage flow)
3 – 8% - Very gently to moderately sloping (undulating) (7% road construction limit) 8 – 18% -
Moderately sloping to strongly rolling
18 – 30% - Strongly rolling to hilly (18% above FMB recommended permanent forest) 30 – 50% -
Hilly to mountainous (30% limit for urban/agri, set by KSAs)
Geomorphology: landforms (mountains, plains, coastal areas, swampland) Mountains - height no less
than 300m / 1,000ft, affects microclimate Coastal areas - 1 km landward from high tide to 200m
seaward isobaths
Soils: mixture of rock fragments and organic matter. Soil characteristics: Fertility - amount of
organic matter, presence of organisms
Structure - Form and shape of particles (granular to platy). Affects root, water penetration
Soil Erosion: Searing away of land surface by running water, wind, ice, etc. Erosivity - potential
ability of rain to cause erosion (intensity, force of rainfall) Erodibility - vulnerability of soil to erosion
(physical characteristics, land cover)
Tolerable soil loss – max rate of annual erosion that permits sustained crop productivity
Hydrogeology: subsurface water or aquifer. Meters below ground surface (mbgs). Determines
potential groundwater and drainage capabilities
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Page 39
Class C: 8-18% slope. Moderately good lands – cultivation with extensive conservation
Class D: 18-30% slope. Fairly good lands, requires complex conservation, best for tree crops
Class L: 0-3% slope. Too stony/wet for cultivation. Limited to pasture or forest use
Class Y: Very hilly, mountainous, barren, rugged. Badlands and sand dunes. Reforested if able
Pedo-Ecological Zones
Warm Pedo-Ecological Zone: > 100masl, 0-18% slope, > 25oC daytime (low-lying areas) Warm-
Cool (Upland) Zone: < 500masl, 0-18% slope; If > 18% slope, “Hilly and mountain” PEZ Cool
Pedo-Ecological Zone: >500masl, < 15oC daytime, varying topography
Land Value – in terms of appraisal, the present worth of future benefits from property
ownership
Consistent Use: must be valued with single use Conformity: max value
if economically/socially
Laws of Increasing and Decreasing returns
accessibility, competition, Patrimony and Territory/Chapter 2
Contribution: value of any etc. the same often Determinants of Land Use Decisions)
component of property is what it destroys
adds to the value of the whole Competition: profit. * If you must print, please use
excess profits scratch paper or print back to
back.
Supply and Demand: affected by attract (E.M
demographics change, function, Serote/Property,
Page 40
Urban Land Value (Eugene F. Brigham) – function of:
- Accessibility value
-
Historical Factors: Succession of past
- Amenity value: subjectively perceived as
Social Values, Customs, Traditions – dietary habits, family ties, “hiya”, religion
Patterns of Land Ownership – size of land holdings, communal ownership, ancestral domains
Government and Political Influence: - to protect rights, regulate its exercise
Section 2: All lands of the public domain, waters, mineral, 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 exception of agri 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.
Section 3: Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Alienable land of the public domain is limited to agri lands
Section 4: The Congress shall determine by law the specific limits of forest lands and national parks.
Thereafter, these shall be conserved and may not be increased or diminished except by law.
First physical planning body in the country. Created by EO 98 by Pres. Sergio Osmeña
Primary function to prepare plans for reconstruction of urban areas destroyed by WWII
RA 333 – Quezon City established as seat of National Government (July 17, 1948).
Created Capital City Planning Commission (CCPC). Functions like NUPC but area-specific.
National Planning Commission (NPC) – Created by Pres. Elpidio Quirino to consolidate duplication
of functions of planning bodies. Abolished 1972, declaration of Martial Law
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Page 41
Task Force on Human Settlements (TFHS) created by EO 419 on Sept. 19, 1973
Evolved into Human Settlements Commission (HSC) through PD 933 on May 13, 1976.
National planning body created to institutionalize Human Settlements movement
Ministry of Human Settlements (MHS) created by PD 1396 after Habitat I (June 11, 1978) as
“Mother agency” to consolidate efforts of HSC and 30 gov’t entities. HSC gained “Regulatory”
(HSRC)
Human Settlements Regulatory Commission (HSRC) given quasi-judicial powers on Feb 8, 1981
through EO 648, giving 3 programs; Town Planning and Zoning, Real Estate Management,
Urban Land Reform
Housing and Urban Development Coordinating Council (HUDCC) replaced MHS which was
abolished 1986 after Marcos Regime
Housing and Land Use Regulatory Board (HLURB) is HRC renamed by EO 90 (1986)
(E.M Serote/Property, Patrimony and Territory/Chapter 4 Institutional Framework for Land Use Planning)
RA 7160 mandates LCES to: “present the program of government and propose
-
Sec 444(municipality),
Policies for the consideration of the
-
445 (city), 465 (province)
Sanggunian… initiate and propose legislative
ELA Team (Executive) LCE, LPDC, Dept. Heads; (Legislative) Vice LCE, Sanggunian
- Plan for development of Competencies, Structure, Systems and Procedures, Logistics VII.
Determining Legislative Requirements – identifying policy gaps, priority Legislation &
when needed
IX. Securing Endorsement and Approval – LDC endorses ELA and AIP to Sanggunian; adopts
former through resolution, latter through Appropriations Ordinance
X. Moving ELA to Action – Annual Operation/Work & Financial Plan, resource mobilization XI.
Popularizing the ELA – for support, transparency, accountability, through IEC, for a
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Page 42
Population
Projection:
t
Geometric Method: Pt = P0 (1+r) r = ln (Pt /P0)
t
P0= base year t = time interval between the base and projected years
rt
Exponential Method: Pt = P0 e r = [log (Pt /P0)]
t log e
e = constant (the e of 1 is 2.71828)
-
Crude Birth Rate (CBR) = ____no. of births_______
x 1000
-
Crude Death Rate (CDR) = ____no. of deaths_____
x 1000
-
Infant Mortality Rate = ____no. of deaths_____
x 1000
Rate of Natural Increase (RNI) = Crude Birth Rate (CBR) –(CDR) Crude Death Rate
10
-
Doubling Time =
69.3______
- Sex Ratio = _M_ x 100
% Growth Rate
F
Dependency Ratios
Po-14 + 65+
P15-64
0 – 14 Young Dependent
15 – 64 Productive Working
65 + Old Dependent
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Page 43
Sectoral Standards
Education
A. Pre-school (Kindergarten)
B. Elementary
1 ha = 6 classes
3 ha = 10-12 classes
2 ha = 7 – 9 classes
4 ha = > 12 classes
-
Non-Central school
1 ha = 3-4 classes
-
Special Cases
Rural
Central
Barrio
0.5 ha
6 classes
3 – 4 classes
1.5 ha
7-10 classes
2 ha
> 10 classes
Urban
0.5 ha
6 classes
7 – 10 classes
0.75 ha
11-20 classes
> 21 classes
-
Classroom = 1.4sqm /pupil
- Medical /Guidance office = 28sqm gross
C. Secondary Schools - School buildings / structures = < 40% of school site (60% open space)
Trades Ec = 7sqm / place
Classroom = 1.4sqm / place Science lab = 2.1sqm / (wood/metal),
place Medical/Dental = 28sqm gross Admin = Practical Arts Homemaking = 4sqm /
5sqm/ place = 5sqm / place place Library
Tech/Home 2.4sqm/place
beds) = new Government Hospitals
College / Universities - Site area = 1.5 ha City/Main
0.5 ha / 500 students (ex. 2,000 health center = 35 km from existing
pupils = 2 ha) Regiona municipal level Government Hospital
l (200- - Any
School Age Population 300 RHU Personnel: Referral facility for 3 RHU /
beds) = main health center
Sprague multiplier = NSO age 2.5 ha - 1 per
groupings vs. school age brackets 50,000
Interpolation Technique Medical population If you must print, please use
Center 1 per scratch paper or print back to
Hospitals 20,000 back.
(>300
beds) = population
Standard Areas - Municipal 3.5 ha
(6 – 24 beds) / Provincial (100-199 Criteria for
Page 44
Permanent catchment population 75,000 / 25,000 for remote areas, 3 hours away
Protective Services
A. Ideal police ratio = 1 per 500 population | Minimum ratio = 1per 1,000 population
Police Station
Area
Population (Component City)
(Municipal)
“A”
2,500 sqm
> 100,000
> 75,000
“B”
600 sqm
75,000 - 100,000
30,000 – 75,000
“C”
400 sqm
0 – 75,000
0 – 30,000
B. Fireman = 1: 2,000 population | Fire truck = 1:28,000 pop | Fire truck = 1:14 Firemen
Minimum 500sqm / 1,000 population – city / municipal park Minimum 0.05 ha / 1,000 population –
playfield / athletic field
Industrial
Scale
Capitalization
Employment
Classification
Micro-industry
< Php150,000
- -
Cottage Industry
Php150,000 – 1,500,000
< 10 workers
Small Scale
Php1,500,000 – 15,000,000
10 – 99 workers
Medium Scale
Php15,000,000 – 60,000,000
100 – 199 workers
Large Scale
> Php60,000,000
> 200 workers
Commercial = 1.5% - 3% of total built-up area Health Facilities = 0.4 ha / 1,000 population
Industrial = 2.5 ha /1,000 population Gov’t/Admin = 0.5 ha / 1,000 population
Burial Grounds – minimum = 1m x 2.44m | 20m away from dwellings, 50m from rivers
Sanitary Landfill requirements: Total area x 1.5 to allow for roads, cover, etc.
Area = Waste generated (kg/year) x Residence time (year) 330 kg / m3 (DENR standard) 10m landfill
depth
Target service life of landfill 5 years | 75m away from faults, 50m away from waters
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Page 45
- Project Implementation
Discounting: conversion of future values to present using discount factors Discount Rates /
Factors
Net Present Value (NPV) – compares cost and benefit streams discounted to present
Mutually Exclusive Projects: no budget constraint, chosen from mutually exclusive projects,
choose highest NPV
Different Project Lives: mutually exclusive, adjust lives, highest positive NPV
Internal Rate of Return (IRR) – present value of benefits equals cost / NPV = 0
If IRR > cost of funds, implement, choose highest
Social Discount Rate (SDR) – discount stream of economic cost and benefits to present values,
rate of social value declines over time (at 15%)
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Page 46
1987 Constitution
II. Declaration of Principles and State Policies – democratic, renounces war, separate from
Church; (5) promotion of general welfare, (10) social justice, (14) role of women, (16) balanced
ecology, (21) rural development / agrarian reform, (22) IP rights, (25) autonomy of LGUs.
III. Bill of Rights – (9) Private property cannot be taken without just compensation; rights
related to criminal prosecution.
Local Government – (2) local autonomy, (3) LGC, (5) creating revenue sources, (6) share in IRA and
(7) development of national wealth, (12) HUC, ICC Independence, (14) Regional Development councils
XII. National Economy and Patrimony – (1) General Welfare 6/7, and (2) 4, natural resources belong to
the State, allow small-scale use, (3) public domain classification, can only be leased, (4) conservation of
forestlands, natural parks, (6) right to private property, (9) NEDA, 60% Filipino ownership
XIII. Social Justice and Human Rights – (1) regulation of property, (4) agrarian reform, (7) fisherfolk
rights, (9) urban land reform, (10) resettlement, (14) women’s working rights
XIV. Education, Science and Technology, Arts, Culture, and Sports – (5) right to select a course
Section 1. Policy – continuing policy of the State to create conditions where man and nature can
live in harmony, fulfill requirements of present and future generations.
Section 4. Environmental Impact Statements – basis for EIA system, directed to NEPC
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Page 47
Section 2. Objectives – ensure maximum public participation in EIA process for social acceptability
validation
Environmentally Critical Project (ECP) – high potential for negative impact listed in Pres. Proc.
2146 S. of 1981 / PD 1586
(o) Environmental Management Plan – section in EIS detailing impacts and mitigating measures
(aa) Scoping – stage in EIS where info/assessment requirements established for scope of work
1. Coverage of EIS System (See Presidential Proclamation 2146 S. of 1981) - No ECP in ECA
without ECC
2. Non-Coverage – ECPs in ECAs before 1982 (except if expanded)
c. Country-side business and barangay entities (CBBEs) created RA 6810 - Magna Carta for
CBBEs (Kalakalan 20)
3. If project an ECP = do EIS; If project within an ECA, submit IEE (and/or EIS)
Scoping – DENR, proponent, stakeholders link, agree on what issues, constraints, if EIA
required, issues of social acceptability. Identify EIARC
9.
Contents of EIS
-
Project Description
-
Envi Risk Assessment
-
Accountability Statements
-
Scoping Report
-
Envi Management Plan
-
Supporting docs
-
Baseline Envi
-
Proposals for Envi
Conditions
monitoring/Guarantee
- Chapters on IP, women,
-
Impact Assessments
Funds
socio-econ impacts
10. Initial Review – by EMB
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Page 48
DENR OSEC
EMPAS Report – to Regional Executive Director recommend issuance or not of ECC or prepare EIS
Regional Executive Director decides if ECC or EIS
ECP – Heavy Industries, Resource Extractive Industries, Fishery Projects (dikes, fishponds), Major
Infras (dams, power plants, reclamation, roads/bridges), Golf courses
Prime agri lands, aquifer recharge, water bodies (domestic use, protected, fisheries)
Section 2. Declaration of Policy – to secure the existence of all native plants and animals
through protected areas within the ‘National Park’ classification, encompassing outstanding
remarkable areas and biologically important lands, habitats and ecosystems
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Page 49
Strict Nature Reserve – an area with an outstanding ecosystem, scientifically important species,
maintained undisturbed for study, environmental monitoring, and genetic resources
Natural Park – relatively large area, maintained to protect inter- and nationally significant areas of
outstanding nature, scenery, for scientific, educational, recreational use
Natural Monument – relatively small area, to preserve nationally significant natural features with
special interest or unique characteristics
Wildlife Sanctuary – area which assures natural conditions to protect species, biotic communities
or physical features. May require human manipulation
Resource Reserve – extensive, isolated and uninhabited area, with natural resources protected
pending development based on knowledge and planning
Natural Biotic Area – set aside for societies in harmony with nature to modernize at their own pace
Other categories established by law, conventions or international agreements
Section 8. Bufer Zones – established for each protected area, outside boundaries but immediately
adjacent. Needs special development control to minimize harm to protected area.
Section 10. – NIPAS administered by DENR, creates Protected Areas and Wildlife Division under
Regional Technical Directors per region. (PAWB headed by Director)
Section 11. Protected Area Management Board - for each site a PAMB, composed of: DENR
Regional Executive Director, Province PDO, LGUs representatives, NGO, IP reps
Section 20. Prohibited Acts – hunting, destroying, possession of species without permit;
dumping or leaving exposed refuse; damaging objects of natural beauty or cultural interest;
occupying land or building structures without permits
Strict Protection Zone – high biodiversity, only for scientific study, ceremonies
Sustainable Use Zone – allowed natural resource use through traditional, sustainable methods;
research and park visitation. Conserved for biodiversity
Cultural Zone – areas with significant cultural values, and/or where practices occur
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Page 50
Special Economic Zone (SEZ) – “ECOZONES”. Potential/highly developed areas with agro
industrial, industrial, tourist/recreational, commercial, banking, investment, finance centers. May
have any/all of the following: IEs, EPZs, FTZs, Tourist centers
Export Processing Zone – specialized IE, physically or administratively outside customs territory, oriented to
export production. Capital equipment imports and raw materials free from taxes / restrictions
Free Trade Zone – Isolated policed area adjacent to port of entry where goods are manipulated
without import duties. Firms within zone have preferential tax treatment, lenient immigration
laws.
(mm) any private IE which applies voluntarily, developed through Private, LGU, or National
Government initiative
- Borders delineated, proclaimed by President with PEZA, Sanggu, HLURB, RLUC, NLUC
Section 6 Criteria for Establishment - Can through LGU/PPP thru BOT law without National
Government help, secured against smuggling
Section 11 PEZA Board - attached to DTI (chair). Director General (Usec) appointed by President
Section 12 Functions and Powers of PEZA Board
Section 23 Fiscal Incentives – PD 66, Book IV EO 226 (Omnibus Investment Code), Export
Development act of 1994
Section 24 Exemption from National/Local Taxes – No taxes (except for RPT) for businesses | 5%
of gross income of firms within goes to: 3% to National Government, 2% to LGU
Section 25 Applicable Taxes – all taxes for persons, service firms under Internal Revenue Code, LGC
Section 30 Leases of Lands/Buildings – to foreign investors for 50 years, renewable for 25 Section
40 Percentage of Foreign Nationals in supervisory roles not > 5% of workforce
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Page 51
- All procurement within Approved Budget; no procurement without Annual Procurement Plan
rd
5-7 Members chaired by at least 3 ranking permanent official (other than head)
Fixed 1 year term, renewable by HOPE (legal/admin rep, finance rep (both 5th ranking))
Section 13 Observers – 1 COA rep, 1 private sector rep, and 1 NGO rep duly SEC registered
Section 27 Bid Security – guarantee that bidder will enter into contract after Notice of Award
Section 30 Preliminary Examination of Bids – “Pass/fail” criteria. Financial component only
opened after technical passes
Section 32 Bid for Procurement of Goods and Infra Projects – preliminary exam passers will be
ranked financially, lowest referred to as “Lowest Calculated Bid”
Numerical ranks for criteria such as experience, performance, etc. = “Highest Rated Bid”
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Page 52
Section 34 Post-Qualification
(a) No bids received (c) when bidder with Lowest/Highest Rated refuses to accept
nd
Rebidding same process. If 2 Failed bidding, may resort to Negotiated Procurement (sec. 53)
Only one bidder submits Letter of Intent, applies for eligibility check, passes, then bids
More than one bidder but only one passes eligibility
10 days after Notice of Award, bidder enters contract – 20 days for approval (30 for GOCCs)
7 days after approval of contract, Notice to Proceed
Section 46 Lease Contracts – for equipment, subject to same bidding process Section 48
Alternative Methods – by approval of HOPE /rep, if justified
Direct Contracting/Single Source Procurement – supplier asked to submit price quotation or pro-
forma invoice with conditions of sale – may be accepted or negotiated with
Repeat Order – direct procurement of goods from previous winning bidder of competitive
bidding
Shopping – request for submission of price quotations for off-the-shelf goods or ordinary/regular
equipment from suppliers of known qualification
Exclusive dealer/manufacturer
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Page 53
Section 52 Shopping
Unforeseen contingency <Php50,000
Ordinary office supplies/equipment not available from Procurement Service, <Php250,000, not
Split contracts, 3 price quotations/suppliers
Purchases of Goods from other Government Agencies (like DBM Procurement Service)
Section 64 Membership
DBM Sec (Chair); NEDA Director-General (Alt Chair)