Nature and Types of Planning - WordPress.com...NATURE AND TYPES OF PLANNING Angelica N. Francisco,...
Transcript of Nature and Types of Planning - WordPress.com...NATURE AND TYPES OF PLANNING Angelica N. Francisco,...
NATURE AND TYPES OF PLANNING
Angelica N. Francisco, EnP
January 7, 2017
Calapan City, Oriental Mindoro
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc. 1
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
PLANNING
JOHN FRIEDMANN
Planning is primarily a way of thinking about socio-
economic problems, oriented predominantly toward the
future, is deeply concerned with the relation of goals to
collective decisions and strives for comprehensiveness
in policy and program
2
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
PLANNING
PETER HALL
The making of an orderly sequence of action that
will lead to the achievement of stated goals or goals
DIANA CONYERS AND PETER HILLS
A continuous process which involves decisions,
or choices, about alternative ways of using available
resources, with the aim of achieving particular goals at
some time in the future.
3
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
PLANNING
JOHN RATCLIFFE
(a) Allocation of resources, particularly land, in such a
manner as to obtain maximum efficiency, while paying heed
to the nature of the built environment and the welfare of the
community;
(b) Act of anticipating change, and arbitrating between the
economic, social, physical and environmental forces that
determine the location, form, and effect of urban
development;
(c) Concerned with providing the right site, at the right time,
in the right place, for the right people
4
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Concept of Planning
Fundamentals
- Planning as a universal skill involves outcomes before
choices among alternatives (risk and uncertainty).
- Central element of planning is the desire to direct change
to produce beneficial consequence at some point in the
future (as a “vision”)
- Planning take place along a time continuum (future-
oriented activity)
5
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Need for Planning
• The justification for the need for planning may be
provided on both scientific and normative grounds.
- Self-direction is the objective of planning which is …
“an activity by which man in society endeavors to gain
mastery over himself and to shape his collective future
consciously by his power of reason.”
6
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Distinction between Policy Planning and Comprehensive Planning
SCOPE:
Policy planning is directed to a particular issue, while
comprehensive planning considers all aspects of a
system simultaneously, whether or not any specific
problem or opportunity relating to that aspect has been
identified.
7
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Distinction between Policy Planning and Comprehensive Planning
PRODUCT:
Comprehensive planners usually develop a plan. The
product of policy planning include memoranda,
position papers, draft legislations, and even letters or
phone calls.
8
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Typologies of Planning
Instrumental classification
– As a means or premise for decision-making,
planning is a method for arriving at decisions.
Prescriptive classification
– Based on the prescription on how planning
ought to be conducted.
9
1
2
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Instrumental Classification
Rationale-Comprehensive Planning – Has a
scientific basis. It proceeds from the enunciation of a
goal, and techniques are used to achieve goal.
10
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Uses Reason more intensively - „rational‟ or scientific
tools
• Adjusts or „Adapts‟ to Local Demands, Limitations &
Peculiarities; “adaptive” element was influenced by the
tenet of Systems Theory that “the only thing permanent is
change”
• Has roots in Geddes „Survey-Analysis-Plan‟ (SAP) -
theoretically benefits the whole of society and the larger
natural environment
Rational-Adaptive-Comprehensive
or Synoptic Planning
Sir Patrick Geddes and
Lewis Mumford
11
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• „Comprehensive‟ because it tends to „cover all bases‟,
all aspects, all sectors, hence – overwhelming in terms
of information quantity
• Data overload – massive, extensive, voluminous -
neophytes can get lost in the maze. Challenge is not to
miss the trees as you walk through the forest
• Process is long and tedious, realistically not less than
four months– it can not make quick decisions
Rational-Adaptive-Comprehensive
or Synoptic Planning
Sir Patrick Geddes and
Lewis Mumford
12
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Has a window for participation, allows many people
from all walks of life to contribute.
• Tends to be “static” within its own time-frame; needs to
be constantly updated after each planning period (e.g.
every three years)
Rational-Adaptive-Comprehensive
or Synoptic Planning
Sir Patrick Geddes and
Lewis Mumford
13
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Instrumental Classification
Remedial Planning – The salient characteristic is that
it is initiated in response to a dissatisfaction or a painful
situation. The aim is to move away from the
dissatisfaction or pain rather than toward some goal or
end state.
14
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Strategic planning – a form of planning that rejects
the principle of comprehensiveness but accepts the
premise of planning as a rational process. It begins
with the procedure of identifying issues in planning,
after which strategies are designed to solve a problem
or take advantage and promote opportunities.
15
Instrumental Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Strategic Planning is interwoven into Management. It is
not separate and distinct from the process of Strategic
Management
• It is an aggressive pursuit of “change” through a potent
strategy that can bring optimal results
• Ensures that all options are explored and that most
appropriate option is selected
Strategic Planning Dr. Henry
Mintzberg
16
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Does not need comprehensive or voluminous data but
only manageable data relevant to strategic issues
• Can be used in conjunction with broader forms of
planning
• Tends to focus more on economic, physical,
infrastructural, institutional solutions that often benefit the
enthusiastic lead actors and lead sectors who carry it
out;
Strategic Planning Dr. Henry
Mintzberg
17
18 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Strategic Planning Model
19
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Allocative planning – distribution of resources among
a number of competing users.
Issue-focused planning – used primarily to achieve
acceptance and implementation of goals and
objectives. Emphasis is on designing strategies that
will overcome resistance to a plan or issue.
20
Instrumental Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Incremental Planning - Policy-makers come to a
decision by weighing the marginal disadvantages of a
limited number of alternatives.
Rather than working on long-term objectives, they
move ahead through successive approximations. The
mechanism of „partisan mutual adjustment‟- working
out of different claims through compromise, adherence
to procedural rules.
21
Instrumental Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Charles Lindbloom - "the science of muddling through."
also called "disjointed incrementalism” or “partisan
mutual adjustment”
• Unified public interest can not be defined; instead it is
determined through negotiation and political
compromises. „push and tug‟ of decentralized bargaining
processes best suited to a free market.
• Plan is determined through politics; Planner acts as
mediator to determine common interest.
Incremental Planning – also called “Disjointed Incrementalism”
22
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• At times, planning becomes a practice of what is
feasible politically instead of what is technically
efficient and effective. (Campbell & Fainstein 1997:1)
• Hence, Decision-making is a succession of
approximations.
Incremental Planning – also called “Disjointed Incrementalism”
23
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• CRITIQUE: When there is no overall theory or
general principle that guide inquiry, actions tend to
become…
– Disjointed, segmented, incoherent, and un-integrated
– Actions are Causistic – “case-to-case” basis –
– Over time, decisions will tend to negate or nullify
each other amidst changing circumstances and
evolving conditions of the landscape.
Incremental Planning – also called “Disjointed Incrementalism”
24
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Indicative planning -Relies on power of:
• the persuasion of solid information and analysis of well-
based projections of trends and projections of future
conditions;
• of appealing future scenarios and alternative strategies;
and
• evaluation criteria with which the people who review the
plan, and who are called upon to adopt its proposals, can
identify.
25
Instrumental Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Advocacy planning – The means to carrying out the
process including an informed citizenry. Working on
behalf of community groups, advocate planners act as
proponents of specific substantive planning solutions.
Saul Alinsky - The proponent of the theory/concept where planners should work for the redistribution of power and resources to the powerless and the disadvantaged.
Prescriptive Classification
26
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Radical planning – Begins with the assertion that
modern planning – the rational-comprehensive
model and modified variation of that model – are
elitist, centralizing and change resistant. It is a
concept of planning based on system change
and a decentralized means for making
decisions, facilitation of human development,
and consideration of ecology.
27
Prescriptive Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Normative/Functional
– Concentrates on means. Goals or ends are assumed
given. The function of planning is to devise methods
and procedures for achieving goals, irrespective of how
goals are defined. Better information leads to better
policy decisions.
28
Prescriptive Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Participatory planning
– Planning results will tend to reflect more accurately
the needs of a community or constituency than if the
planner tried to determine the needs. Another
orientation is that citizen should participate in
planning regardless of any practical results.
29
Prescriptive Classification
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
The Master Plan Approach or Imperative Planning - a grand one-shot attempt, its end-product is long range (20–40 years) affecting one whole generation, but can be massively disastrous when in error
Tends to be „top-down‟ or implementing only the dominant vision of an authoritative leader or clique;
Traditional Planning Approach
Daniel Burnham
30
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Strong on physical planning; comprehensive in terms of physical design (architecture, engineering, etc) but inadequate in terms of social & other forms of analysis
Seems to be more applicable in planning tabula rasa – planning from scratch, where there is empty land and no people occupying it, but not when cities are already settled; wherein public consent has to be solicited.
Traditional Planning Approach
Daniel Burnham
31
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Concept of a system
- A set of objects together with relationships between
the objects and their attributes (Lein, 1997)
- A set of interrelated elements together with relations
between the elements and among their states that
functions in a complementary manner (Hall and Fagen, 1959)
Systems View of Planning
32
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Systems Theory to Planning
Norbert Wiener
“Cybernetics” (Norbert Wiener,1948;Ashby,1956) –
interdisciplinary science dealing with communication and control
systems in living organisms, machines, and organizations
“System is a set or group of interconnected components
interacting to form a unity or integrated whole.” “Relationships”
tie the system together
33
Systems Approach to Planning systems view of planning represents a systematic attempt to use reason and logic to
reduce confusion and increase man‟s control over his social, economic and physical
environment. 34
Systems Planning Approach by
George Chadwick
Goal Formulation
Projection of goals
Evaluation of projection
Evaluation of alternatives
Evaluation of
performance
System Description
System Modelling
System projection
System Synthesis
System Control
Problem Finding
FE
ED
BA
CK
FE
ED
BA
CK
35 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
THE CUBE DIAGRAM OF PLANNING
36
Spatial Dimensions
of Comprehensive Planning
Spatial
Levels Scope of Planning Activities
NA
TIO
NA
L P
LA
NN
ING
• Establishes the context within which all lesser order plans
can be formulated.
• Resolution of conflicts among long- and short- objectives
and establishment of priorities among action programs.
• Overall development of natural resources as national
wealth or total resource base.
• Brings together, at the more practical level , policies
covering economic and resource development with
national urbanization plans.
• Confront the problems of improving the standards of living
and environmental conditions.
37 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
RE
GIO
NA
L P
LA
NN
ING
• Sets out the necessary framework for the practical solution
of regional problems within the context of national policies.
• Links broad government policies through vertical policy
action system within the spatial and territorial dimensions.
• Optimal balance between the natural environment and the
allocation of development resources.
• Most suitable implementation of policies and programs and
for coordination of activities.
• Resolves interrelationships among settlements including
roles and functions within the network of settlement system
within the region.
38
Spatial Dimensions
of Comprehensive Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
LO
CA
L P
LA
NN
ING
Designs staged program of spatially distributed investments
which specify nature of activities to be performed and kind of
structure to house them.
Transcends the functional allocation of activities in space in
planning of settlements, including proposals covering the
various social mechanisms, laws, regulation, policies and
forms of governmental organizations.
Establishes harmonious relationships among the many
different components of the settlements so as not to produce
undesirable effects on the other.
39 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Spatial Dimensions
of Comprehensive Planning
40
18 regions
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Levels of Planning by Planning Area
• National-covers the geographic boundaries of the entire
Philippine territory
• Regional- a planning area that is sub-national and
supra-urban
– Super region
– Administrative region
– Autonomous region (i.e. ARMM)
– Economic region
– Metropolitan area (e.g. MMDA, Metro Cebu, Metro Naga)
– Natural resource-based (Bicol river basin, Laguna Lake,
Pasig River)
41
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
PLANNING AREA
• Local Government Unit - a planning area that is
within political subdivisions of the country
• Region - A sub-national administrative unit
comprising of several provinces having more or less
homogenous characteristics, such as ethnic origin of
inhabitants, dialect spoken, agricultural produce, etc.
42
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Province - The largest unit in the political structure
of the Philippines. It consists, in varying numbers, of
municipalities and, in some cases, of component
cities. Its functions and duties in relation to its
component cities and municipalities are generally
coordinative and supervisory.
43
PLANNING AREA
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• City - There are three classes of cities in the
Philippines: the highly urbanized, the independent
component cities which are independent of the
province, and the component cities which are part
of the provinces where they are located and subject
to their administrative supervision.
44
PLANNING AREA
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Municipality - Is a political corporate body which is
endowed with the facilities of a municipal
corporation, exercised by and through the municipal
government in conformity with law. It is a subsidiary
of the province which consists of a number of
barangays within its territorial boundaries, one of
which is the seat of government found at the town
proper (poblacion).
45
PLANNING AREA
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Barangay - The smallest political unit into which
cities and municipalities in the Philippines are
divided. It is the basic unit of the Philippine political
system. It consists of less than 1,000 inhabitants
residing within the territorial limit of a city or
municipality and administered by a set of elective
officials, headed by a barangay chairman (punong
barangay).
Source: Philippine Statistics Authority
46
PLANNING AREA
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Levels of Planning
• TIMEFRAME/DURATION OF PLAN
Short Term 1-3 years e.g. expenditure plan
Medium Term 5-6 years e.g. development plan
Long Range minimum of 9 years for CLUP
20-50 years e.g. Masterplan
• Time-horizon of the envisaged future varies
according to the type and level of planning
47
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
National Level Plans
National Framework for Physical Plan
- A long-term (2001-2030) physical framework plan
specifying land use policy guidelines on settlements
development, production and protection land uses,
and infrastructure development; based on sustainable
development and growth with social equity principles.
48
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
National Level Plans
Medium-Term Philippine Development Plan
(MTPDP)
– Development blue print that is co-terminus with the 6-
year term of the office of the president
– Provides the overall strategy to spur economic growth
and development
Medium-Term Philippine Investment Plan (MTPIP)
– Addresses the investment requirements of MTPDP
49
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Provincial Plans
• Provincial Physical Framework Plan (PPFP)
• Provincial Development Plan (PDP)
• Provincial Development and Physical Framework
Plan (PDPFP)
• Provincial Development Investment Program
(PDIP)
50
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Provincial Development and
Physical Framework Plan (PDPFP)
Provincial Physical Framework Plan and Provincial
Development Plan to address the disconnect between spatial
and sectoral factors and between medium and long term
concerns. It contains the long-term vision of the province, and
identifies development goals, Strategies, objectives/targets and
corresponding PPAs which serve as primary inputs to provincial
investment programming and subsequent budgeting and plan
implementation.
51
Provincial Plans
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Municipal Plans
• Comprehensive Development Plan (CDP)
– Represented by the sectoral development plans (social, economic, infrastructure, environmental management, institutional)
• Comprehensive Land Use Plan (CLUP)
– Land use policies
– Land allocation for general and urban land uses (residential, commercial, industrial, institutional)
• Local Development Investment Program (LDIP)
– Prioritized list of Programs, Projects, and Activities (PPAs) in the medium-term that could be funded by the local government and other possible sources of funds
52
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Municipal Plans
Comprehensive Land Use Plan
• Refers to a document embodying specific proposals
for guiding and 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, infrastructure and utilities, land use and
local administration, within the territorial jurisdiction.
53
LIFE SUPPORT SYSTEM
SPACE FOR LIVING
SPACE FOR MAKING A
LIVING
PROTECTED AREAS
NIPAS
Non- NIPAS
Protected Agricultural
Environmentally constrained
SETTLEMENT AREAS
Urban (Town Centers)
Rural (Upland, coastal, lowland)
IP settlements
INFRASTRUCTURE AREAS
Transport Network
Social Infrastructure
Economic infrastructure
Administrative support
PRODUCTION AREAS
Agricultural (Croplands, fishery,
livestock, poultry)
Industrial
Commercial
Tourism
EXCHANGE
SPACE
C
L
U
P
THE FOUR (4) POLICY AREAS
Source: DILG 54
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Municipal Plans
Comprehensive Development Plan (CDP)
• The document that pertains to the multi-sectoral plan
formulated at the city/municipal level, which
embodies the vision, sectoral goals, objectives,
development strategies and policies within the term
of LGU officials and the medium-term.
55
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Comprehensive Development Plan The Five Development Sectors
56
Economic Sector
Institutional Sector
Infrastructure Sector
Environment Sector
Social Sector
57 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc. Source: RPS
58 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc. Source: RPS
Implementation Instruments
LDIP/ AIP
REGULATORY
MEASURES NON-PROJECTS /
SERVICES
• Zoning
• Other Local
Ordinances
• Adm. Issuances
• National Laws
• Inter-
Jurisdictional
Agreements
• LGU Funded
• NGA Funded
• Joint Funding
• Private Sector
Investments
• LGU Dept. /
Offices
• NGA Field Offices
• Special Bodies
PROGRAMS /
PROJECTS
Comprehensive Plans CDP CLUP
Detailed/ Master Plans
Area / System/ Thematic
LGU Family of Plans Source: DILG 59
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Examples of Thematic Plans
• Local Poverty Reduction Action Plan
• Disaster Risk Reduction and Management Plan and
Local Climate Change Action Plan
• Gender and Development Plan
• Local Entrepreneurship Development Plan
• Local Tourism Development Plan
60
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Examples of Area Plans
• Forest Management Plan
• Heritage Conservation Plan
• Coastal Resource Management Plan
• Ancestral Domain Sustainable Development and
Protection Plan
• Watershed Management Plan
61
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Examples of System Plans
• Solid Waste Management Plan
• Rapid Transit System Plan
• Sewerage Master Plan
• Integrated Communication Technology Plan
• Open Space Network Plan
62
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
LOCAL DEVELOPMENT INVESTMENT PLAN
• LDIP is the principal instrument for implementing the CDP
• LDIP links the plan to the budget (RA 7160 sec. 305)
• LDIP has a time frame of 3 years
Simplified LDIP Process
1. Producing a ranked list of programs and project with costs
2. Available future fund for investment
3. Matching fund requirements with projected funds available
and consider financing options
Important Note: Development Fund= 20% of IRA + non-office
MOOE + Capital Outlay
63
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
LOCAL DEVELOPMENT INVESTMENT PLAN
a document that serves as the link between the
plan and the budget, thus putting into effect the
directive of the Local Government Code that says:
“local budgets shall operationalize approved local
development plans” (Sec. 305i, RA 7160).
64
PLAN TO BUDGET
FLOW
COMPREHENSIVE DEVELOPMENT PLAN
(CDP)
Practical Vision / Strategic Directions
(5-10 years)
LOCAL DEVELOPMENT INVESTMENT
PROGRAM (LDIP)
Programs / Projects/ Activities (PPAs)
(3 Years)
ANNUAL INVESTMENT PROGRAM (AIP)
Priority PPAs; Major Final Output;
Performance Indicators / Targets (1 year)
ANNUAL / SUPPLEMENTAL BUDGET
One (1) year
65 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
REMEMBER
• CLUP/Physical Framework – Policies
• CDP – Programs
• ELA – Political agreement
• LDIP – Projects (specific)
• AIP – Pesos
66 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Hierarchy and Linkages of Plans
67 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Hierarchy of Planning Institutions
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
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
IMPLEMENTATION
INSTRUMENTS
TERM – BASED AGENDA
MULTI-YEAR (6 YRS.) MULTI-
SECTORAL DEVELOPMENT
PLAN
LONG – TERM
FRAMEWORK PLAN
IMPLEMENTATION
INSTRUMENTS
COMPREHENSIVE LAND USE PLAN (CLUP)(w/DRR/CCA)
SETTLEMENT
POLICIES
PROTECTION LAND
POLICIES
PRODUCTION LAND
POLICIES
INFRASTRUCTURE
POLICIES
ZONING ORDINANCE
COMPREHENSIVE DEVELOPMENT PLAN (CDP)
SOCIAL ECONOMIC INFRA ENVI. MGT. INSTITUTIONAL
CDP/EXECUTIVE & LEGISLATIVE AGENDA (ELA)
ANNUAL
INVESTMENT
PROGRAM
ANNUAL BUDGET
OTHER REGULATORY MEASURES
LEGISLATIVE
REQUIREMENTS
LOCAL DEVELOPMENT
INVESTMENT PROGRAM
CAPACITY
DEVELOPMENT
PROGRAM
IMPLEMENTATION
INSTRUMENTS 3-YEAR CAPACITY
DEVELOPMENT
PROGRAM
3-YEAR LEGISLATIVE
AGENDA
The Planning Model
(w/DRR/CCA)
Source: DILG 69
Philippine Agenda 21
Philippine Agenda 21 is part of the country's response to
fulfill its commitments in the historic Earth Summit in 1992
where government and key sectors of society agreed to
implement an action agenda for sustainable development,
known as the Agenda 21.
Philippine Agenda 21 is the nation's blueprint for
sustainable development.
PA 21 provides the policy framework of the country‟s
strategy for sustainable development
70 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Philippine Agenda 21
PA 21 has five goal elements, as follows:
–Poverty Reduction
–Social Equity
–Empowerment and Good Governance
–Peace and Solidarity
–Ecological Integrity
71 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Overview of Transport Planning
• Is the process of understanding, assessing and
designing transport systems to provide for the safe and
efficient movement of people, goods, and services in an
environmentally responsible manner.
• Is a field involved with the evaluation, assessment,
design and siting of transportation facilities (generally
streets, highways, footpaths, bike lanes and public
transport lines).
• Transportation is not only a way to move people but also
a way to guide land-use and control growth patterns
72
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Conventional definition of transport planning
encompasses not only the benefits to society from a
well-designed transportation system, but the key
dimensions as well:
– safety, reduction of fatalities, injuries, and property
damage due to accidents;
– efficiency, optimal allocation of resources in moving
people and goods;
73
Overview of Transport Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
– access, provision of enabling technologies and
services to people that need to reach and use
opportunities;
– comfort, travel in environments without causing
unnecessary stress and strain due to noise or other
factors;
– and reduction of environmental pollution, elimination
of contaminants in the air, water, or soil that are at
higher levels than naturally found and that cause
harm to animals, plants, and humans.
74
Overview of Transport Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Brief History of Transport Planning
• Spurred by US Federal Highway Act of 1916 and
Interstate Highway Act of 1956
• Transport Planning easily dovetailed with Regional
Planning (Penn-Jersey Transport Study, 1954;
Chicago-Detroit Transport Plan, 1954)
75
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Brief History of Transport Planning
• Rapkin (1954) - developed transport and land use study.
“Traffic is a function of land use”
• Wesley Mitchell (1954) - advocated that plans should be
dynamic not static. He was a leading figure in setting up
Penn-Jersey, a regional growth model which could
predict incremental changes in future land use and
movement.
76
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Brief History of Transport Planning
• Lowdon Wingo and Harvey S. Perloff (1961)-Urban
transportation can be viewed as a basic spatial organizer
of the metropolitan region; they showed interdependence
of economics, transport, land use and accessibility
• C. Britton Harris (1960) - a systems framework
• Robert A. Garin and Ira Lowry (1964) - A Model of
Metropolis published by Rand Corporation. Garin-Lowry
Spatial Allocation Model. Gravity Model.
77
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Scope of Transport Planning
Time Frame:
• Short-term
• Medium-term
• Long term
Geographic Coverage:
• Urban level
• District level
• Regional level
Transportation Mode:
• Land transport
• Water transport
• Air transport
TRANSPORTATION PLANNING
Traffic Engineering Traffic Management
Traffic Law Enforcement
78
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Transport Planning
Travel demand analysis:
• One of the most important elements of the
transportation planning process
• Travel Demand refers to person-trips and goods
movement generated by and attracted to a site
depending on type of development
79
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Transport Planning
Basic concepts:
• Urban travel demand is considered as a derived
demand
• Expressed as either person trips or commodity trips
or vehicle trips
80
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Transport Planning
• Person Trip Attributes:
– Trip Purpose
– Time of the day of the Trip
– Trip Origin
• Trip Destination:
– Travel Mode
– Travel Route
– Trip Frequency
81
• Commodity Trips
Attributes:
–Handling
–Volume
–Packaging
–Storage
–Weight
–Shell-life
Classical Four Step Model of Transport Planning
integrated with Land Use
Database
TRIP GENERATION
TRIP DISTRIBUTION
MODAL SPLIT
TRIP ASSIGNMENT
Evaluation
Zone
Networks
Base-Year
Data
Future Planning
Data
How many person trips?
Where are they going?
What route will they take?
4 I
terati
on
s
Ou
tpu
t
Employment location
Economic
forecast
Friction of
distance
Household location
DRAM
EMPAL What mode are they using?
Feed
back
82 Source: A. Cadavos
Trip is a one way movement from a point of origin to a point of destination.
Work Shop
Production Attraction
Attraction Production
Home
Work
Shop CLASSIFICATION OF TRIPS:
By Purpose (work, school, shop, others)
By Time of Day (a.m., p.m., peak, off-peak)
By Person Type (income, car ownership,
family size, accessibility, etc.)
Trip Generation
83 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc. Source: A. Cadavos
A
B
C
10,000 person trips
5,000 person trips
2,000 person trips
2,000 person trips
ORIGIN DESTINATION
50%
20%
20% 10%
1,000 person trips
Internal trips
• Prediction of origin-destination (O-D) flows • Predicts where trips go from each origin
Trip Distribution
Source: A. Cadavos
OD A B C D E F Total
A
B
C
D
E
F
Total
Origin –Destination Matrix
a b
c
d
e
f
• Nodes representing zonal centroids are being paired by a link to represent an Origin-Destination (O-D) pair.
• Links of varying thickness and colors represent values of person trips coming from one zone going to another.
85 Source: A. Cadavos
Drive Alone Share Ride
• The step in transport modeling that can be considered as behavioral
• Use of Stated Preference surveys
• Utility function (travel time, fare, etc)
Modal Split
86
Car
Bus
LRT
Going to A
5,000 person trips
2,000 persons = 910 cars @ 2.2 persons/car
2,000 person = 50 buses @ 40 persons/bus 1,000 person trips
40 %
40 %
20 %
Modal Split
Predict the percentages of flow which will use each of the models (LRT, bus, jeepney, car, walk, etc.) that are available for travel between each origin-destination pair.
87 Source: A. Cadavos
Trip Generation
Trip Distribution
Transit Estimation & Mode Split
Time-of-Day & Directional Factoring
Transit Person Trip Table
(O&D)
Vehicle Trip Table
(O&D)
Trip Assignment
Loaded Transit
Network
Loaded
Highway
Network
Trip Assignment
• The modeling stage in transport planning that places the O-D flows for each mode on the specific routes of travel through the respective model networks
• Person-trips or goods movement become occupancy or usage of transport modes
• Usage becomes traffic
loaded on to the transportation network
Source: A. Cadavos 88
• „Capacity‟ refers to maximum hourly number of
persons or vehicles that may traverse a point or a
uniform section of a facility
• Not absolute, but specific to a given time period
under particular facility, traffic and control conditions
• Based on reasonable expectancy
Capacity Determination
89 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Rate quality of operation of roads and intersections
• Describing the interaction between traffic volume (V)
and capacity (C) shown by ratio, V/C
• Higher V/C ratio mean higher delays and lower
operating speeds
• The lower the V/C ratio, the better is the
performance, the higher the Level of Service
Level of Service (LOS)
90 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Level of
Service
Traffic Volume/Road
Capacity Ratio
Description
A
Less than 0.20
Free flow
B
0.21-0.50
stable flow
C
0.51-0.70
Moderate traffic
D
0.71-0.85
Heavy traffic; unstable flow
with long delays
E
0.86-1.00
Heavy Traffic; this link is
nearing its capacity
F
>1.00
Forced flow, stop and go,
this link is over its capacity
(Source: Dept. of Public Works and Highways, Highway Planning Manual, 1982)
LOS for Philippine Highways
91
• Traffic impact assessment (TIA) is the process of
assessing and analyzing traffic impacts of urban and
regional developments.
• There is need to assess proposed developments in
terms of their traffic impacts on the area and the
environment in general.
Traffic Impact Assessment
92 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• Development projects, such as malls, housing,
schools and commercial establishments, are sure to
have significant traffic impacts on the area where
they are located or constructed.
• Because significant traffic generated by proposed
developments can be identified in advance, future
impacts can be planned for.
Traffic Impact Assessment
93 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
• The objectives of TIA are:
– Identify the traffic impacts of a particular
development project
– Assess and analyze these impacts and eventually,
– Identify mitigating measures to address these
traffic impacts.
Traffic Impact Assessment
94 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Phase Activity Component
1 Determining if
TIA is warranted
-Assessment of existing transport and traffic systems
-Determining existing trip generation
-Assessment of thresholds
2 Traffic Impact
Analysis
-Travel Demand Forecasting
- Analysis of Impacts
-Assessment of the Transportation System and Traffic Flow
3 Identifying
menu of
mitigating
measures
-Identifying TDM Measures
-Identifying improvements on the transport system
4 Establishing
Institutional
Mechanism
-Costing of mitigating schemes
-Institutional measures
-Implementation of mechanisms
5 Preparation of
TIA report
- Standardization of the TIA report preparation
Standardized Format of TIA Report
95
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Tourism Planning
Process of coordinating land use
planning, economic development and
community participation to develop or
improve tourism in a nation, region and /or
a destination.
96
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Levels of Tourism Planning
International:
- international transportation services
- flow and tour programming of tourists among
different countries
- complementary development of major attraction
features and facilities in nearby countries
- multi-country marketing strategies and promotion
program
97
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
National:
- tourism policy and physical structure
- accommodation and other facilities and services
required
- major routes in the country and regional connections
- tourism organizational structures, legislation, and
investment policies
98
Levels of Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
National:
- tourism marketing strategies and promotion
programs
-socio-cultural, environmental, and economic
considerations and impact analyses and
- national level implementation techniques, including
staging of development and short-term development
strategy and project planning
99
Levels of Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Regional:
- regional policy
- access and internal transport network
- type of location and tourism attraction
- location of tourism development
- tourist accommodation and other tourist facilities
100
Levels of Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Regional:
- regional level education
- marketing strategies
- organizational structures, legislation, regulations,
and investment policies, and implementation
techniques including staging of development,
project programming, and regional zoning
regulations
101
Levels of Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Sub-regional:
- components of the plan depends on the situation
of the sub-region, but typically would include tourist
attraction features, general location of
accommodation and other tourist facilities and
services, access to the sub-region, its internal
transportation network and other infrastructure
considerations, and relevant institutional factors.
102
Levels of Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Facility or site level involves planning, design and
development of individual attractions, services or
facilities .
There is a series of decisions that has to be taken
when developing and planning tourism within a
destination; for example:
• the type and scale of tourism to be developed:
• the role for tourism amongst other activities
• the concrete location of tourism development
103
Levels of Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Tourism Development Plan: A plan that outlines how
a location will serve visitors, adapt to their growing
numbers, and protect local cultures and environments
in a sustainable manner
Tourism Master Plan: A long-range plan for the
promotion and development of tourism in the
Philippines where priority tourism development areas
are indicated. The plan identifies broad goals,
objectives, tourism targets, and strategies
104
Tourism Planning
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Basic Elements of a Tourism Plan
Tourist Attraction
(Natural, Cultural, Historical)
Market/Visitor
(Visitor Profile)
Facilities
(Tourist Service Facilities, AE and Infrastructure)
Product Development
105
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Cultural Tourism
and Heritage Conservation
Cultural Tourism is that form of tourism whose object is,
among other aims, the discovery of monuments and sites.
It exerts on these last a very positive effect in so far as it
contributes - to satisfy its own ends - to their maintenance
and protection. This form of tourism justifies in fact the
efforts which said maintenance and protection demand of
the human community because of the socio-cultural and
economic benefits which they bestow on all the
populations concerned. - (1976 ICOMOS Charter on
Cultural Tourism)
106
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Cultural Tourism
and Heritage Conservation
Cultural Heritage Sites:
– Man-made e.g. Rice Terraces, Intramuros, Fort
Santiago, houses and buildings of historic significance
often a marker is placed by the National Historical
Commission
– Natural sites: (a) Scenic beauty or unusual formations-
chocolate hills of Bohol, Mayon Volcano; (b) part of
folklore and mythology- Mt. Makiling, Mt. Banahaw, may
include some trees; (c) Historic significance- Tirad Pass,
North shore of Mactan Island
107
Supreme Court of the Philippines
on Heritage Conservation
• RA 4846 – An Act to Repeal RA 3874 and to Provide
for the Protection and Preservation of Cultural
Properties June 18, 1966 and amended by PD 374,
January 10, 1974
• R.A. 4846 Section 2, provided that the cultural
properties of the nation which shall be under the
protection of the state are classified as the "important
cultural properties" and the "national cultural
treasures.
108 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Supreme Court of the Philippines
on Heritage Conservation
• “Important cultural properties" are cultural
properties which have been singled out from among
the innumerable cultural properties as having
exceptional historical and cultural significance to the
Philippines but are not sufficiently outstanding to
merit the classification of national cultural treasures.
109
Supreme Court of the Philippines
on Heritage Conservation
• On the other hand, a "national cultural treasure" is
a unique object found locally, possessing outstanding
historical, cultural, artistic and/or scientific value
which is highly significant and important to this
country and nation.
In JOYA, et. al. v. PCGG, et. Al. GR. No. 96541. August 24,1993
110 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
RA 4368 created the
National Historical Commission
• RA 4368- Established the National Historical
Commission, defines its powers and functions,
authorizes funds therefor and for other purposes,
June 19, 1965
111
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
RA 4368 created the
National Historical Commission
• Sec 4 (e) National Historical Commission to identify,
designate and appropriately mark historic places in
the Philippines and cause the construction or
reconstruction and to maintain and care for national
monuments, shrines, historic markers that have
been or may hereafter be erected in pursuance of
this Act: provided, however, that the Commission
shall enlist the assistance of the public
112
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
RA 4368 created the
National Historical Commission
• Sec 13. All restorations, reconstructions, and
preservations of government historical buildings,
shrines, landmarks, monuments and sites, which
have been designated as “National Cultural
Treasures” and “important cultural properties” shall
only be undertaken with the written permission of
the Director of the National Museum who shall
designate the supervision of the same.
113
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Ecotourism
• An environmentally sound tourism activity in a given
ecosystem yielding socioeconomic benefits and
enhancing natural and cultural diversity conservation
• Tourism that contributes to conservation of the world‟s
natural resources and cultural heritage through
minimum environmental stress sustainable
development. In its purest sense, ecotourism denotes
tourism that is environmentally, culturally, and socially
aware that is responsible and sustainable.
114
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Tourism Carrying Capacity
Defined by the World Tourism Organization as
“The maximum number of people that may visit a tourist destination at the same time, without causing destruction of the physical, economic, socio-cultural environment and an unacceptable decrease in the quality of visitors' satisfaction”.
115
RA 9593 Tourism Act of 2009
Section 25. Reorganization of Offices
- The Philippine Tourism Authority is reorganized as
the Tourism Infrastructure and Enterprise Zone
Authority (TIEZA). The Philippine Convention and
Visitors Corporation is reorganized as the Tourism
Promotions Board (TPB).
116 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
RA 9593 Tourism Act of 2009
Section 28. Attached Agencies and Corporations
- TPB
- TIEZA
- Duty Free Philippines Corporation
- Intramuros Administration
- National Parks Development Committee
- Nayong Pilipino Foundation
- Philippine Retirement authority
- Philippine Commission on Sports Scuba Diving
117 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 33. NIPAS and the National Ecotourism Policy
- The Department, in coordination with the DENR,
shall identify areas covered by the NIPAS with
ecotourism potentials and cultural heritage value,
and prepare policies, plans and programs for their
development, preservation, operation and
conversion into Tourism Enterprise Zones.
118
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 34. Tourism Infrastructure Program
- DOT shall coordinate with the DPWH and the
DOTC in the establishment of a tourism
infrastructure program identifying vital access
roads, airports, seaports and other infrastructure
requirements in identified tourism areas.
119
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 35. Coordination between National and
Local Governments
- DOT, DILG and LGUs shall integrate and
coordinate local and national plans for tourism
development.
120
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 37. Local Tourism Development Planning
- LGUs, in consultation with stakeholders, are
encouraged to utilize their powers to ensure the
preparation and implementation of a tourism
development plan (that integrate zoning, land use,
infrastructure development, etc).
121
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 42. Tourism Officers
- Every province, city or municipality in which
tourism is a significant industry shall have a
permanent position for a tourism officer. He or she
shall be responsible for preparing, implementing,
and updating local tourism development plans and
for enforcing laws, rules and regulations.
122
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 59. Tourism Enterprise Zones
- Any geographic area with the following
characteristics may be designated as TEZs:
a) The area is capable of being defined into one
contiguous territory
b) It has historical and cultural significance, environmental
beauty, or existing or potential integrated leisure
facilities within its bounds or within reasonable
distances from it. 123
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
c) It has or it may have strategic access through
transportation infrastructure, and reasonable connection
with utilities infrastructure systems
d) It is sufficient in size, such that it may be further
utilized for bringing in new investments in tourism
establishments and services; and
e)It is in a strategic location such as to catalyze the
socio-economic development of neighboring
communities.
124
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 60. Designation of TEZs
- The TIEZA shall designate TEZs, upon the
recommendation of any LGU or private entity, or
through joint ventures between the public and
the private sectors.
125
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 61. Development Planning
- Each application for designation as a TEZ shall
be accompanied by a development plan (which
shall be consistent with the principles of
economic, cultural and environmentally
sustainable tourism development. No TEZ shall
be designated without a development plan duly
approved by the TIEZA, and without the approval,
by resolution of the LGU concerned.
126
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 61. Development Planning (cont.)
- Lands identified as part of a TEZ shall qualify for
exemption from the coverage of RA 7279 (UDHA)
and RA 6657 (CARL), subject to rules and
regulations to be crafted by the TIEZA, HUDCC
and DAR.
127
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 62. Operation of TEZs
- The TEZ proponent shall establish a corporate
entity, to be known as the TEZ Operator, which
shall administer the TEZ and supervise its
activities.
128
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 63. TIEZA
- Under the supervision of the Secretary and
attached to the DOT for purposes of program and
policy coordination shall be a body corporate
known as the Tourism Infrastructure and
Enterprise Zone Authority
129
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 64. Mandate
- The TIEZA shall be a body corporate which shall
designate, regulate and supervise the TEZs
established under this Act, as well as develop,
manage and supervise tourism infrastructure
projects in the country.
130
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 86. Fiscal Incentives Available to TEZ
Operators and Tourism Enterprises
- Income Tax Holiday – 6 years
- Gross Income Taxation – 5%
- Exemption from taxes and customs duties for
capital investment and equipment, transportation
and spare parts and other goods.
131
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 88. Incentives available to tourism
enterprises outside of TEZs
- Omnibus Investments Code
- Foreign Investments Act
- Special Economic Zone Act
- Bases Conversion and Development Act
132
RA 9593 Tourism Act of 2009
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
ADSDPP
Ancestral Domains Sustainable Development and
Protection Plan (ADSPP)
– refers to the consolidation of the plans of ICCs/IPs
within an ancestral domain for the sustainable
management and development of their land and natural
resources as well as the development of human and
cultural resources based on their indigenous knowledge,
systems and practices. Such plan shall be the basis of the
Five Year Master Plan for ICCs/IPs.
133
RA 8371 Indigenous People‟s Rights Act of 1997
Section 3. Definition of Terms
- Ancestral Domains – all areas belonging to
Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) comprising lands, inland
waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied
or possessed by ICCs/IPs, themselves or through
their ancestors, communally or individually since
time immemorial
134 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
RA 8371 Indigenous People‟s Rights Act of 1997
Section 3. Definition of Terms
- Ancestral Lands – land occupied, possessed and
utilized by individuals, families and clans who are
members of the ICCs/IPs since time immemorial
- Time immemorial – a period of time when as far
back as memory can go
135 Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 4. Concept of Ancestral lands/domain
- Ancestral lands/domains shall include such
concepts of territories which cover not only the
physical environment but the total environment
including the spiritual and cultural bonds to the
area which the ICCs/IPs possess, occupy and
use and to which they have claims of ownership.
136
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 5. Indigenous concept of ownership
- Indigenous concept of ownership sustains the
view that ancestral domains and all resources
found therein shall serve as the material bases of
their cultural integrity. The indigenous concept of
ownership generally holds that ancestral domains
are the ICCs/IP‟s private but community property
which belongs to all generations and therefore
cannot be sold, disposed or destroyed.
137
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 7. Rights to ancestral domains
- Rights of ownership
- Right to develop lands and natural resources
- Right to stay in the territories
- Right in case of displacement
- Right to regulate entry of migrants
- Right to safe and clean air and water
- Right to claim parts of reservations
- Right to resolve conflict
138
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 8. Rights to ancestral lands
- Right to transfer land/property
- Right to redemption
Section 9. Responsibilities of ICCs/IPs to their
ancestral domains
- Maintain ecological balance
- Restore denuded areas
- Observe laws
139
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 11. Recognition of ancestral domain
rights
- The rights of ICCs/IPs to their ancestral domains by
virtue of Native Title shall be recognized and
respected. Formal recognition, when solicited by
ICCs/IPs concerned, shall be embodied in a
Certificate of Ancestral Domain Title (CADT), which
shall recognize the title of the concerned ICCs/IPs
over the territories identified and delineated .
140
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 13. Self-governance
- The State recognizes the inherent right of ICCs/IPs to
self-governance and self-determination and respects
the integrity of their values, practices and institutions.
Consequently, the state shall guarantee the right of
ICCs/IPs to freely pursue their economic, social and
cultural development.
141
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 16. Right to participate in decision-
making
- ICCs/IPs have the right to participate fully, if they so
choose, at all levels of decision-making in matters
which may affect their rights, lives and destinies
through procedures determined by them as well as to
maintain and develop their own indigenous political
structure.
142
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 17. Right to determine and decide
priorities for development
- The ICCs/IPs shall have the right to determine and
decide their own priorities for development affecting
their lives, beliefs, institutions, spiritual well-being,
and the lands they own, occupy or use. They shall
participate in the formulation, implementation and
evaluation of policies, plans and programs for
national, regional and local development which may
directly affect them.
143
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 18. Tribal barangays
- The ICCs/IPs living in contiguous areas or
communities where they form the predominant
population but which are located in municipalities,
provinces or cities where they do not constitute
the majority of the population, may form or
constitute a separate barangay in accordance
with the Local Government Code on the creation
of tribal barangays.
144
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 38. National Commission on Indigenous
Cultural Communities/lndigenous Peoples (NCIP)
- To carry out the policies herein set forth, there shall
be created the National Commission on ICCs/ IPs
(NCIP), which shall be the primary government
agency responsible for the formulation and
implementation of policies, plans and programs to
promote and protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral
domains as well as their rights thereto.
145
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 51. Delineation and Recognition of
ancestral domains.
- Self-delineation shall be the guiding principle in
the identification and delineation of ancestral
domains. The Sworn Statement of the Elders as
to the scope of the territories and agreements/
pacts made with neighboring ICCs/IPs, if any, will
be essential to the determination of these
traditional territories.
146
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 57. Natural resources within ancestral
domains
- The ICCs/ IPs shall have priority rights in the
harvesting, extraction, development or exploitation of
any natural resources within the ancestral domains. A
non-member of the ICCs/IPs concerned may be
allowed to take part in the development and utilization
of the natural resources for a period of not exceeding
twenty-five (25) years renewable for not more than
twenty-five (25) years.
147
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 58. Environmental consideration
- Ancestral domains or portions thereof, which are found
to be necessary for critical watersheds, mangroves,
wildlife sanctuaries, wilderness, protected areas, forest
cover, or reforestation as determined by appropriate
agencies with the full participation of the ICCs/IPs
concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs concerned
shall be given the responsibility to maintain, develop,
protect and conserve such areas with the full and
effective assistance of government agencies.
148
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 60. Exemption from taxes
- All lands certified to be ancestral domains shall be
exempt from real property taxes, special levies, end
other forms of exaction except such portion of the
ancestral domains as are actually used for large-scale
agriculture, commercial forest plantation and
residential purposes or upon titling by private persons:
Provided, That all exactions shall be used to facilitate
the development and improvement of the ancestral
domains.
149
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 65. Primary and customary laws and
practices
- When disputes involve ICCs/IPs, customary laws
and practices shall be used to resolve the dispute.
150
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Section 66. Jurisdiction of the NCIP
- The NCIP, through its regional offices, shall have
jurisdiction over all claims and disputes involving rights
of ICCs/IPs: Provided, however, That no such dispute
shall be brought to the NCIP unless the parties have
exhausted all remedies provided under their customary
laws. For this purpose, a certification shall be issued by
the Council of Elders/Leaders who participated in the
attempt to settle the dispute that the same has not been
resolved, which certification shall be a condition
precedent to the filing of a petition with the NCIP.
151
RA 8371 Indigenous People‟s Rights Act of 1997
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
Short Course on Environmental Planning
DCERP & HUMEIN Phils. Inc.
THANK YOU!
152