Legal Mandates To Land Use Planning

Department of Human
Settlements and Urban

Development
LEGAL MANDATES
LEGAL MANDATES
THE COMPREHENSIVE LAND USE PLANNING IS A

CONSTITUTIONALLY SUPPORTED UNDERTAKING.
THE STATE DECLARES ITS LAND USE POLICIES IN
TERMS OF RELATION TO NATIONAL ECONOMY
AND PATRIMONY AS WELL AS ITS POWER FOR
THE PROMOTION OF PUBLIC HEALTH, SAFETY,
INTEREST, ORDER AND GENERAL WELFARE.
ARTICLE XIII, SECTION 1:
THE CONGRESS SHALL GIVE HIGHEST PRIORITY TO THE

ENACTMENT OF MEASURES THAT PROTECT AND ENHANCE THE
RIGHT OF ALL 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.
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. (Art. XII,
Section 6)
REPUBLIC ACT 7160
THE LOCAL GOVERNMENT CODE OF 1991 OR
REPUBLIC ACT 7160 PROVIDES “ THE MANDATE
OF LGU’s ON LOCAL PLANNING, LEGISLATION,
IMPLEMENTATION, INCLUDING BUDGETING AND
MONITORING.
REPUBLIC ACT 7160
Section 16
Every LGU 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 for
the promotion on the general welfare. Within their
respective territorial jurisdictions, the LGU shall ensure
and support, among other things, the preservation and
enrichment of culture, promote health and safety,
enhance the rights of the people to a balance ecology
REPUBLIC ACT 7160
Section 16
Support the development of appropriate and self-

resilient 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.”
REPUBLIC ACT 7160
Section 20
The LGU shall in conformity with existing law,

continue to prepare their respective CLUP
enacted through Zoning Ordinances which shall
be the primary and dominant bases for the future
use of land resources…..
EXECUTIVE ORDER # 72
Providing for the preparation and implementation

of the CLUP by the LGU and for the review and
approval thereof by the HLURB and the
Sangguniang Panlalawigan.
EXECUTIVE ORDER # 72
Sections 1 (a,c) and 2 (a,e,f)
“(a)Cities/Municipalities shall continue to prepare

or update their CLUP, in conformity with the land
use planning standards and guidelines prescribed
by the HLURB and to national policies”
REPUBLIC ACT 7279
Section 3(k) of RA 7279 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 the area
and the program under this ACT.”
The extent of comprehensiveness and the focus
of land use planning process as well as the
preparation of the CLUP document are defined
within the bounds of “land resources” by this
provision of UDHA which must be consistent with
the development plan of the area.”
“(a) To promulgate zoning and other land use
control standards and guidelines which shall
govern land use plans and zoning ordinances of
local governments.”
Section 468, 2 Article III, Chapter 3, Book III
“(vii) Review the CLUP and Zoning Ordinances of

component cities and municipalities and adopt
the CLUP subject to existing laws.”
Phil. Agenda 21, 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 carrying capacity of nature.
 Poverty Reduction
 Social Equity
 Empowerment & Good Governance
 Peace & Solidarity
 Ecological Integrity
LAND USE PLANNING
LAND USE PLANNING
● The rational and judicious approach of allocating

available land resources to different land using activities
and for different functions consistent with the municipal
or city vision.
● Entails the detailed process of determining the location

and area of land required for the implementation of
socio-economic development, policies, plans, programs
and projects.
Comprehensive Land Use Plan (CLUP)
A document embodying specific proposals for guiding,

regulating growth and development of a city or
municipality. It is comprehensive because it considers
all sectors significant in the development process, i.e.
demography, socio-economic, infra and utilities, land
use and local administration, within the territorial
jurisdiction.
ZONING ORDINANCE
The primary legal tool to implement the CLUP. It

divides the municipality into land use zones where
specific development activities and structures are
allowed, allowed with restrictions, or not allowed at all.
Department of Human Settlement and Urban Development
Region 1
CLUP Guidebook Series 2013-2014

ELEMENTS OF THE GUIDEBOOK
MAJOR SECTIONS OF VOLUME 1
The 12-Step Process to
Comprehensive Land Use Plan Preparation
S te p 1 S te p 2 S te p 3 Ste p 4 S te p 5 S te p 6
G e ttin g Id e n tify in g S e ttin g A n a ly z in g Se ttin g E s ta b lis h in g

O rg a n iz e d S ta k e - th e D e sire d
th e V is io n th e th e
h o ld e rs D e v ’t Tru st
Situ a tio n G o a ls & a nd
O b je c tiv e D e fin in g
s th e S p a tia l
S tra te g ie s
S te p 1 2 S te p 1 1 S te p 10 S te p 9 S te p 8 S te p 7
M o n ito rin g , Im p le m e n R e v iew , C o n d u c tin D r a f ti n g P re p a rin g

R e v ie w in g - tin g A d o p ti o n & g th e
th e th e L a n d
& A p p ro v al P u b lic
Th e C L U P Z o n in g U s e P lan
E v a lu a tin g o f th e H e a rin g o n
th e C L U P C L UP and th e D ra ft Ord in anc
ZO C LU P a n d e (Z O )
ZO
LAND USE PLANNING
Step 7: Prepare
the Land Use Plan
Land use categories are
the various classifications
of land based on its
exclusive or predominant
use. These categories very
according to the level of
the area being planned for
or developed.
THE PROPOSED LAND USES
Maps, sectoral studies and
other thematic/special area
studies
Key Actors/Responsible Bodies
• Lead: City/Municipal Planning and Development Office

(C/MPDC)
• Contributors : TWGs from NGA local/regional field units,
other critical local private, NGOs/CSOs, community,
academic/research institutions/agencies
• Decision-making Authority: Local Chief Executive,
Sanggunian Bayan
• Consultative Body: Local Development Council (LDC) and
local communities/barangays
Department of Human Settlements and Urban Development
THANK YOU
Ang Kaayusan ng Gamit ng Lupa, Sa CLUP ang Simula

Legal Mandates To Land Use Planning

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Department of Human

Settlements and Urban

THE COMPREHENSIVE LAND USE PLANNING IS A

THE CONGRESS SHALL GIVE HIGHEST PRIORITY TO THE

Support the development of appropriate and self-

The LGU shall in conformity with existing law,

Providing for the preparation and implementation

“(a)Cities/Municipalities shall continue to prepare

Section 3(k) of RA 7279 defines Land Use Plan as

“(vii) Review the CLUP and Zoning Ordinances of

● The rational and judicious approach of allocating

● Entails the detailed process of determining the location

A document embodying specific proposals for guiding,

The primary legal tool to implement the CLUP. It

CLUP Guidebook Series 2013-2014

G e ttin g Id e n tify in g S e ttin g A n a ly z in g Se ttin g E s ta b lis h in g

M o n ito rin g , Im p le m e n R e v iew , C o n d u c tin D r a f ti n g P re p a rin g

• Lead: City/Municipal Planning and Development Office

Ang Kaayusan ng Gamit ng Lupa, Sa CLUP ang Simula

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