Professional Documents
Culture Documents
A. Learning Objectives
1. Familiarized themselves with the various authority levers and tools for implementing
the CLUP.
2. Obtained basic lessons in zoning – its definition, legal basis for zoning and other laws
that have implications on zoning, political and technical implications of zoning.
The real property tax is a tax not on the use of the land but on the privilege of
owning it. Although the basis of assessment is the actual use of the land, the tax
is levied on the person who is in possession of the property. That explains why
squatters, renters, lessees, and others enjoying similar tenure, do not pay taxes
on the lands they actually occupy and use.
The additional one percent (1%) tax on real property accrues to the special
education fund (SEF). Its proceeds is exclusively for the maintenance and
operation of public schools (Sec. 235, RA 7160).
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Local school boards have the exclusive authority to determine and approve the
disposition of the proceeds of the SEF, which is treated as a trust fund by the
local government.
The idle lands tax is an additional imposition of five percent (5%) on the assessed
value of lands considered as idle (Sec. 236-239, RA 7160).
Idle lands are defined according to whether they are classified as agricultural or
urban.
An agricultural land is deemed idle if it has an area of not less than one hectare
and one half of which is unutilized for agriculture.
For urban lands to be idle, these should have an area of not less than one
thousand (1,000) square meters, one half of which remains unutilized or
unimproved
a. to promote efficient and optimum utilization of land for the overall benefit of
society;
The rationale behind this special levy derives from the principle of social
justice and equity which requires that anyone who is made worse off by an
action of society deserves to be compensated and anyone who becomes
better off by that same action has to return the undeserved benefit to society.
This is the power to take back private property for public purposes. To protect private
property owners from arbitrary and abusive exercise by the State of this power, the
Constitution (Art. III, Sec. 1 and Sec. 4, 1987 Constitution) has put up limits or
conditions on the government in the exercise of eminent domain. These are:
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i. that the taking is for public purpose,
ii. that due process is observed, and
iii. that just compensation is paid to the affected owner
Local governments must be able to use their eminent domain powers to acquire
more private property for land banking purposes.
Land banking is the advanced acquisition and consolidation of lands identified in the
comprehensive land use plan as areas for future urban expansion. It is highly
desirable for local governments to practice land banking to be able to curb
speculative pricing of development land and to control the pace and timing of the
development in accordance with the plan.
The justification for local governments to practice land banking is implied in the
expanded purpose for the exercise of eminent domain as mandated by the Local
Government Code, namely, “… for the benefit of the poor and the landless..." (Sec.
19, RA 7160).
When public facilities such as roads and bridges, schools, public buildings, water
supply systems, or waste disposal facilities have been established they can shape
future development because once the facilities are built they are not easy to modify.
Public facilities can also shape development in that they strongly influence private
investment in the desired direction. Public investment therefore is a double-edged
authority-lever. It improves the quality of public services and at the same time it
influences private sector investment.
Public investment programming is an intermediate process that links the plan to the
local budget. The choice of programs and projects to be included in the investment
program, however, should be guided by the following principles:
Soft projects pertain to direct investment in people, which are the most important
assets of any community.
Examples: skills training, scholarships, and public health are examples of soft
projects that are no less important than infrastructure projects.
They must not only lead to improved public services in general, but they must
also be able to influence or leverage substantial private investments in order to
accelerate and expand the community's capital build-up and thereby multiply the
benefits that will accrue to the inhabitants.
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c. Strengthen the spatial basis of the investment program
Projects, especially of the "hard" type should support the realization of the
desired spatial strategy in the CLUP. Public investment projects should,
therefore, be chosen according to their potential to shape the physical
development of the city in accordance with the desired urban form.
The projects that will be included in the LDIP/AIP should only be those owned by
the LGU or those for which the LGU is solely or principally responsible. The
"local" character of the projects need not be confined to small low-budget ones.
Local projects may include large multi-year developments, given the enabling
authority of continuing appropriations (Sec. 322, RA 7160).
One useful guide in determining local ownership of programs and projects is the
enumeration of basic services devolved to LGUs (Sec. 17, RA 7160).
The implementation of the CLUP and the CDP requires more funds than what are
normally available from regular revenue sources. This would suggest the
Every opportunity should be given to all sectors and areas of the LGU
constituency to have their ideas heard on all matters that affect their lives.
The rationale for such intervention measures derives from two realities.
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Such incentives in turn consist of
i. tax breaks,
ii. selective subsidies, and
iii. reducing transaction costs like
setting up of one-stop shops
eliminating bureaucratic red tape and graft and corruption.
With public and private investments complementing each other the benefits
that will accrue to the citizens will be multiplied many times over.
In the spirit of co-management, the LGU can use the CLUP as the basis for crafting a
memorandum of agreement or similar instrument with the DENR or its relevant
service bureaus to jointly manage all natural resources. Similarly, LGUs may forge
agreements with the National Commission for Indigenous Peoples (NCIP)
representing specific indigenous groups to share responsibility in the planning and
management of ancestral domains located within the territorial jurisdiction of the
LGU.
The CLUP is primarily a guide for the management by the LGU of its entire territorial
jurisdiction zoning is the guide to the proper location of activities in space. This is exactly
the perception of the Local Government Code when it directs the local government units
to “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”.
Definition of zoning
Zoning is the division of the city into districts or zones and prescribing regulations for the
use of each district or zone. It is the guide to the proper location of activities in space.
As defined in the Volume V of the Guidebooks on Sustainable Land Use Planning and
Management published by DENR, it is the “legislative act of delineating areas or districts
within the territorial jurisdictions of cities and municipalities that may be put to specific
uses and their regulation, subject to the limitations imposed by law or competent
authority”.
The Congress shall give highest priority to the enactment of measures that
protect & enhance the right of all the people to human dignity, reduce social,
economic and political inequalities, & remove cultural inequities by equitably
diffusing wealth & political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use & disposition
of property & its increments.
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 & 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 & to intervene when the common good so
demands.
3. Section 20 (c), Sections 447, 458, 468, RA 7160 (Local Government Code)
A zoning ordinance is the instrument used by the State to regulate the use of land within
the LGU territory; and the manner in which the State shall regulate land use is to
“prescribe reasonable limits and restraints” on the way landowners use their property.
A zoning ordinance derives its basis from the inherent police power of the State to
safeguard and promote public health, safety, convenience and general welfare. Both the
1973 and 1987 Constitutions have also enunciated the principle of social responsibility in
property ownership and have empowered the State to regulate the “ownership,
acquisition, use and disposition of property and its increments” (Article XIII, Section 1,
Philippine Constitution).
In the formulation of a zoning ordinance, the local Sanggunian should ensure that it is
formulated through a broad participatory and consultative process so that it becomes a
product of social consensus.
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b. Transfer of individual development right to society at large by the local
government to promote social equity and general welfare – Each time a
property owner wants to use his/her land, he/she to secure clearance from the
local government being the administrator of socialized tights on the use of land.
i. Combined land and water use zoning is needed to reconcile land uses in
the upper catchment areas of a territory with the water quality requirements
of various uses of the receiving water body.
ii. Other water uses in which the LGU may be given authority to regulate may
include tourism and recreation, navigation and transport, commerce and
industry, and the like.
iii. The water body which has highest water quality should be adopted as the
norm in determining the quality of the water body, and that water quality
standard in turn will control the type and intensity of land uses upstream,
especially when such land uses have the capacity to degrade the quality of
the receiving waters.
Sec. 4 – LGUs shall continue to prepare CLUPs but must integrate Network of
Protected Agricultural and agri-Industrial Areas for Development (NPAAAD)
and Strategic agriculture and Fishery Development Zones (SAFDZ) in land use
plans and zoning.
The banks of rivers and streams, and the shores of the seas and lakes
throughout their entire length and within a zone of 3 meters in urban area; 20
meters in agricultural areas and 40 meters in forest areas, subject to the
easement of public use in the interest of recreation, navigation, floatage, fishing
and salvage
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H. Zoning Administration and Enforcement.
a. Role, Powers and Functions of the Local Chief Executive in Zoning Administration
and Enforcement
The Local Chief Executive shall enforce and administer the Zoning Ordinance
through the Zoning Administrator/ Zoning Officer.
b. Role, Powers and Functions of the Local Zoning Administrator / Zoning Officer
i. Enforcement
ii. Planning
c. Role, Powers and Functions of the Local Board of Adjustment and Zoning
Appeals (LZBAA)
Legal Officer
Assessor
Engineer
Planning and development Coordinator
Two representatives of the private sector
Two representatives from NGOs
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development of project, despite its noncompliance with the physical
standards
Exceptions - An authorization granting a property owner relief from ZO
provisions because of the specific use, resulting to hardship upon the
owner
Nonconforming Uses
Complaints and Opposition to Applications
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