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Planning Practice in the Philippines: the Government Sector - Apolo C, Jucaban

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Planning Practice in the Philippines: the Government Sector - Apolo C, Jucaban PHILIPPINE PLANNING JOURNAL • Volume XIV, Number 2, April 1983. • Volume XV, Number 1, October 1983. Board of Editors Dolores A. Endrlga Tito C. Firmalino Ernesto M. Serote ManaginglArt Editor Associate Managing Editor Victoria A. Eugenio Carmelita R.E.U. Liwag Business Manager Delia R. Alcalde This double issue 0/ the Philippine Planning Journal is supported lVith lunds provided by the V.S. Agency lor international Development. The viC-lVS expressed are those 0/ indivillual authors anti should not be attri­ buted to the A{(ency [or International Development. The Philippine Planning Journal is published In October and April by the School of Urban & Regional Planning. University of the Philippines. Views and opinions are those of the authors and do not necessarily reflect those of the School. All communications should be addressed to the Business Manager, Philippine Planning Journal, School of Urban & Regional Planning, University of the Philippines, Diliman, Quezon City, Philippines 3004. Annual Subscription Rate: Domestic, '12.00; Foreign, $S.OO. Single copies: Domestic, '6.00; Foreign. $5.00. Back Issue: Domestic. 'S.OO/copy; Foreign. $6.00/copy. TABLE OF CONTENTS 1 Evolution of the National Planning Organization in the Philippines: A Legislative Perspective - Asteya M, Santiago 28 The Development of Planning Education in the Philippines - Dolores A. Endriga - Jaime U, Nierras 39 . Planning Practice in the Philippines: The Government Sector - Apolo C, Jucaban 57 Forum on the State of the Art of Planning: Private Practice 62 The 1984 Land Use Plan for UP Diliman Campus 88 Planning News 93 About the Contributors EVOLUTION OF THE NATIONAL PLANNING ORGANIZATION IN THE PHILIPPINES: A LEGISLATIVE PERSPECTIVE Asteya M. Santiago Professor School of Urban and Regional Planning Introduction however, safely be made that legislation has played a critical role in institutionalizing Thepervasive influence of legislation 1 in the physical planning as a major government evolution and growth of physical planning 2 concern and that it has been responsible for in the Philippines may be dittlcult to assess the continually expanding scope and influence accurately. A general observation may, of this activity in the physical and socio­ economic life of Philippine communities. Law has been a signficant determinant not only of the role assigned to physical planning in the socio-economic development of the 1Legislation refers to the formal written enact­ ments of the duly constituted legislative body, country but also of the character of the constituting the main source of law of the land. It, national physical planning bodies Whichhave therefore, excludes judicial decisions applying or evolved through the years,inclUdingthe nature . interpreting the laws or the Constitution which, in and scope of their powers and functions, the a broader sense, as provided by the Civil Code of type of planning system established, and the the Philippines, forms part of the legal system of the Philippines (Civil Code, Article 8). kinds and k~gal sanctions of plans prepared The Philippine legal system, strictly speaking, and implemented. These sanctions include beginswith the fundamental rules of the Philippine the various instruments for plan Implements­ Constitution and the treaties to which the country tlon. A number of laws have laid down signifi­ is a signatory and ends with the statute law consist­ cant planning policies and concepts Which, ing of legislative enactments. Executive Orders and Proclamations of the President, the ordinances although not carried out faithfully, havemade of the various municipal or quasi-municipal corpo­ significant contributions to the planning rations and the authorized regulations as well as process. In many cases, the usefulness of decisions of numerous government offices and these contributions has extended beyond agencies, although not strictly law, have the force academic confines. These policies and and effect of the law. (Perfecto v. Fernandez, "The Structure and Sources of PhUippine Law," concepts have actually been translated into Foundation and Dynamics of Filipino Government several approaches and schemes 3 for the and Politics, Abueva and De Guzman, editors, development of communities and settle­ Bookmark, Manila 1969,p. 48). ments. 2Physical planning is the broad term used in this paper to refer to environment planning, one of the original terms used to describe the physical planning activities of Ihe country and more recently, to human settlements planning which is the more popular nomenclature. 3Some of these approaches are the. human As defined in the law, physical planning refers settlements approach initia!ed by PO 933(May 13, to "the art and the science of ordering and managing 1976);urban land reform adopted by PO'517 (June the use of land and its environment and the 11,1978);the BLISS(Bagong Lipunanlmprovement character and siting of buildings and communica­ of Sites and Services)program adopted in Executive tion routes so as to securethe maximum practicable Order 517 (January 9, 1979); and the countryside degree of economy, convenience and beauty. livelihood program directed by Letter of Instructions (Sec. 2 g. PO933). No. 1088(November 29, 1980). 1 PHILIPPINE PLANNING JOURNAL The observation may be made that law has legislative history.5 The fact that it was also played a similar role in the evolution of other at this stage of the historical evolution of the government activities and that this may not country that planning had received unprece­ be peculiar to physical planning. The fact, dented political support would explain Why however, is that legislation has beenemployed through various legal instruments issued by as an effective instrument in achieving many the President, planning has found a highly of the changes and improvements in the covetedand enviable niche in the government planning system and that this obviously structure.6 shows that the planning activities of the government havereceived amplelegal support. Legislation Institutionalizing the Planning The extent to Which legislation has paved Function: the50sandthe 60s7 the way for the general acceptability of the In the earlyyearsof the Philippine RepUblic, planning function may be attributed to a some laws were enacted to pinpoint respon­ large extent to the advent of the martial law sibility for undertaking physical planning 4 regime. The martial law period, relying as Which, at that time, was narrowly equated it did in a one man law-making mechanism, with public works development and infra­ ushered in a phase in the legal system of the structure construction and improvement. country where many more legal issuances Years earlier, the Revised Administrative were made than in any other period in its Code, the basic law concerned with the administration of the Philippine government, made the Director of the Bureau of Public Works primarilyresponsible for the supervision of public works, including the architectural 4Martial Lawwas declaredby President Ferdinand features of public parks. streets, buildings E. Marcos in 1972, one of the consequences of which was the abolition of the bicameral legislative !:>ody and the vesting of exclusive law-making function in the President. Under such authority, the Presidentcame out with various legal issuances such as Presidential Decrees, which took the place of Republic Acts, since they were promulgated by the President as the ..authorized" law making body. The President also issued severallegal instruments In his capacity as chief executive of the Republic and these were Proclamations, Letters of tmpte­ 5As of December 12, 1979 or seven years after mentation, Letters of Instruction, Executive Orders, Mal1ial Law was declared, President Marcos had Administrative Orders, Memorandum Circulars, etc. issued 1,653Presidential Decrees (including those Prof. Irene Cortez in her article "Executive Legis· to which A and B were attached); 965 Letters of lation, the Philippine Experience," noted that Instructions; 63 General Orders; 106 Letters of although technical differences distinguish one type Implementation; 572 Executive Orders; 443 Admin· of issuance from another, these distinctions have tstrattve Orders; 850 Proclamations; 678 Memo· not always been observed in practice (Philippine randum Orders and 1,176 Memorandum Circulars. LawJoumet;Vol.55,First Quarter,March1980, p. 11). Totalling 6,506 legal issuances, these exceed the It is important to make a distinction between the output of the Congress of the Philippines during legal issuances of the President during Martial the 7·year period immediately before Martial Law, Law madeby him in his capacity as the "authorized" which consisted of 2.380 statutes of which less law making body and those which he signed as than 200 are of permanent and general character. Chief Executive which he therefore could amend (Cortez,op. cit., pp. 25·26). and revise even after the organization in 1978 of 6Unprecedented political support for physical the Batasang Pambansa as the law making body planning has been due to a large extent to the of the country. It should be noted, however, that the Philippine Constitution in one of its amendments appointment of the First Lady as Governor of the in 1976 provided the President with "standby" Metropolitan Manila Commission and as head of legislative powers which therefore also enables the Ministry of Human Settlements. him to repeal those acts passed by him when he 7This paper covers the period from the Philippine served as the legislative
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