URBAN & RURAL USE

•Enp Gus Agosto

  University of San Carlos, Business Administration
, Faculty Member
  |  Urban Economics and Planning
+1
Land Use

• refers to the manner of utilization of land, including

its allocation, development and management.
• “Urban areas” refers to all cities regardless of their
population density and to municipalities with a population
density of at least five hundred (500) persons per square
kilometer;
Definition of Terms.
a. “Areas for priority development” refers to those areas declared as
such under existing statutes and pertinent executive issuances;
b. “Blighted lands” refers to the areas where the structures are
dilapidated, obsolete and unsanitary, tending to depreciate the value
of the land and prevent normal development and use of the area.
c. “Consultation” refers to the constitutionally mandated process
whereby the public, on their own or through people’s organizations, is
provided an opportunity to be heard and to participate in the decision-
making process on matters involving the protection and promotion of
its legitimate collective interests, which shall include appropriate
documentation and feedback mechanisms;
d. “Idle lands” refers to nonagricultural lands urban and urbanized areas
on which no improvements, as herein defined, have been made by
the owner, as certified by the city, municipal or provincial assessor;
Definition of terms continuation...
a) “Improvements” refers to all types of buildings and residential units, walls, fences, structures or
constructions of all kinds of a fixed character or which are adhered to the soil but shall not
include trees, plants and growing fruits, and other fixtures that are mere superimpositions on the
land, and the value of improvements shall not be less than fifty percent (50%) of the assessed
value of the property;
b) “Joint venture” refers to the commitment or agreement by two (2) or more persons to carry out a
specific or single business enterprise for their mutual benefit, for which purpose they combine
their funds, land resources, facilities and services;
c) “Land assembly or consolidation” refers to the acquisition of lots of varying ownership through
purchase or expropriation for the purpose of planned and rational development and socialized
housing programs without individual property boundary restrictions;
d) “Land banking” refers to the acquisition of land at values based on existing use in advance of
actual need to promote planned development and socialized housing programs;
e) “Land swapping” refers to the process of land acquisition by exchanging land for another piece
of land of equal value, or for shares of stock in a government or quasi-government corporation
whose book value is of equal value to the land being exchanged, for the purpose of planned
and rational development and provision for socialized housing where land values are
determined based on land classification, market value and assessed value taken from existing
tax declarations: Provided, That more valuable lands owned by private persons may be
exchanged with less valuable lands to carry out the objectives of this Act;
f) “Land use plan” refers to the rational 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;
Definition of terms continuation...
a) “On-site development” refers to the process of upgrading and rehabilitation of blighted and
slum urban areas with a view of minimizing displacement of dwellers in said areas, and with
provisions for basic services as provided for in Section 21 hereof;
b) “Professional squatters” refers to individuals or groups who occupy lands without the express
consent of the landowner and who have sufficient income for legitimate housing. The term
shall also apply to persons who have previously been awarded homelots or housing units by
the government but who sold, leased or transferred the same to settle illegally in the same
place or in another urban area, and nonbona fide occupants and intruders of lands reserved
for socialized housing. The term shall not apply to individuals or groups who simply rent land
and housing from professional squatters or squatting syndicates;
c) “Resettlement areas” refers to areas identified by the appropriate national agency or by the
local government unit with respect to areas within its jurisdiction, which shall be used for the
relocation of the underprivileged and homeless citizens;
d) “Security of tenure” refers to the degree of protection afforded to qualified Program
beneficiaries against infringement or unjust, reasonable and arbitrary eviction or disposition,
by virtue of the right of ownership, lease agreement, usufruct and other contractual
arrangements;
e) “Slum Improvement and Resettlement Program or SIR” refers to the program of the National
Housing Authority of upgrading and improving blighted squatter areas outside of Metro
Manila pursuant to existing statutes and pertinent executive issuances;
Definition of terms continuation...
a) “Small property owners” refers to those whose only real property consists of residential lands not exceeding three
hundred square meters (300 sq. m.) in highly urbanized cities and eight hundred square meters (800 sq. m.) in
other urban areas;
b) “Socialized housing” refers to housing programs and projects covering houses and lots or homelots only
undertaken by the government or the private sector for the underprivileged and homeless citizens which shall
include sites and services development, long-term financing, liberalized terms on interest payments, and such
other benefits in accordance with the provisions of this Act;
c) “Squatting syndicates” refers to groups of persons engaged in the business of squatter housing for profit or gain;
d) “Underprivileged and homeless citizens” refers to the beneficiaries of this Act and to individuals or families
residing in urban and urbanizable areas whose income or combined household income falls within the poverty
threshold as defined by the National Economic and Development Authority and who do not own housing facilities.
This shall include those who live in makeshift dwelling units and do not enjoy security of tenure;
e) “Unregistered or abandoned lands” refers to lands in urban and urbanizable areas which are not registered with
the Register of Deeds, or with the city or municipal assessor’s office concerned, or which are uninhabited by the
owner and have not been developed or devoted for any useful purpose, or appears unutilized for a period of
three (3) consecutive years immediately prior to the issuance and receipt or publication of notice of acquisition by
the government as provided under this Act. It does not include land which has been abandoned by reason
of force majeure or any other fortuitous event: Provided, That prior to such event, such land was previously used
for some useful or economic purpose;
f) “Urbanizable areas” refers to sites and lands which, considering present characteristics and prevailing conditions,
display marked and great potential of becoming urban areas within the period of five (5) years; and
g) “Zonal Improvement Program or ZIP” refers to the program of the National Housing Authority of upgrading and
improving blighted squatters areas within the cities and municipalities of Metro Manila pursuant to existing
statutes and pertinent executive issuances.
What is the Urban Land Reform Law?
• Presidential Decree No. 1517 issued on June 11, 1978 is
what is known as the Urban Land Reform Law. It was a
piece of legislation that instituted the Urban Land Reform
Program of the government. Briefly, this program aims to
rationalize — with due process and through equitable
means — the existing pattern of land use and ownership
in urban and urbanizable areas. As such, it involves the
imposition of certain limitations on the use by the owner of
his property.
Is urban land reform the same as agrarian reform?

• No. Agrarian reform (AR) involves the diffusion of land ownership

through the imposition of retention limits for owners of large tracts of
land. It is mandatory in the sense that the landowner cannot refuse
not to sell the agricultural land in excess of the retention limit to the
tenants who till the same.
• In urban land reform (ULR), on the other hand, a landowner cannot
ordinarily be compelled to sell the land to the tenant. It is only when
the land is expropriated that he or she is forced to sell, but only after
due process. In the event, however, that a landowner voluntarily
decides to sell the property, the tenant has a pre-emptive right to buy
the property or the “right of first refusal” before it can be legally sold to
another. The law compels him merely to offer it first to the tenant.
• In AR, all agricultural lands are covered although exemptions may be
applied for. On the other hand, ULR applies only to selected parcels
of urban land.
What are Areas for Priority Development or APDs?

• The term Areas for Priority Development (APDs) was

used in the pertinent decrees and proclamations
interchangeably or alternatively with the term Urban Land
Reform Zones (ULRZs). From all indications they have
the same meaning. They refer to the 244 areas in Metro
Manila specifically described and identified in
Proclamation 1967, and other sites later identified and
proclaimed.
How many APDs/ULRZs are there at present?

There are at present 284 APDs / ULRZs.

In addition to the 244 APDs in Metro Manila under Proclamation No. 1967 and Dagat-
Dagatan, Tondo under Proclamation No. 2284, nineteen (19) Slum Improvement and
Resettlement (SIR) sites were included pursuant to Proclamation No. 1810 (Declaring that
all sites under the Zonal Improvement Program (ZIP) and SIR areas shall become ULRZs
upon proclamation by the President). These are located in the regional cities of Bacolod,
Cebu, Cagayan de Oro and Davao. Subsequently, pursuant to the same decree, the
National Housing Authority identified and proclaimed 20 more APD sites – 19 in Metro
Manila and one in Cebu City.

In summary:

Number of APDs/ULRZs
By Proclamation No. 1967 – 244
By Proclamation No. 2284 – 1
By Proclamation No. 1810 – 19
By NHA Approval – 20
Total – 284
 Did the Urban Development and Housing Act of 1992 (Republic Act
No. 7279) repeal the Urban Land Reform Law?

No. UDHA is actually more expansive than the ULR law.

As to Coverage:
PD 1517: Limited to areas proclaimed
RA 7279: All lands in urban and urbanizable areas, including existing areas for
priority development sites, and in other areas that may be identified by the local
government units as suitable for socialized housing.
As to Thrust
PD 1517: Land tenancy protected, with land purchase and expropriation only as an
incident thereof
RA 7279 : Socialized Housing as primary strategy for providing shelter to put an end
to tenancy status
As to Beneficiaries:
PD 1517: Legitimate tenants
RA 7279: Underprivileged and homeless citizen, must not own any real property, not a
professional squatter or a member of squatting syndicates;–must be actual occupants
to avail of right of first refusal if property is government-owned or acquired.
RA 10884

• Act Strengthening the Balanced Housing Development

Program, Amending RA 7279
Laws that ensure rational land use and sustainable
urban and regional development

• Executive Order No. 72 – providing for the preparation

and implementation of the Comprehensive Land Use
Plans (CLUPs) of Local Government Units pursuant to the
Local Government Code of 1991 and other pertinent laws.
• Memorandum Circular No. 54 – prescribing the
guidelines of Sec. 20, R.A. 7160, authorizing
cities/municipalities to reclassify lands into non-
agricultural uses.
• Executive Order No. 124 – establishing priorities and
procedures in evaluating areas for land conversion in
regional agricultural/industrial centers, tourism
development areas and sites for socialized housing.
Presidential Decree 1517

• Laws that protect the rights of tenants and occupants of

lands within Urban Land Reform Zones / Areas for Priority
Development (ULRZ /APD)
AGRARIAN REFORM

• Presidential Decree No. 27placed under coverage of agrarian

reform rice and corn lands

• Republic Act No. 6657placed under agrarian reform coverage ALL

agricultural lands

• Republic Act No. 9700 extended the acquisition and distribution of

agricultural lands up to 30June 2014
INDIGENOUS CULTURAL COMMUNITIES

• Republic ActNo.8371 otherwise known as “The Indigenous People’s

RightsActof 1997 ”
• Ancestral Domain - It refers to all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural resources therein,
held under a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since time
immemorial, continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by
government and private individuals/corporations, and which are necessary to
ensure their economic, social and cultural welfare.
What is “Ancestral Land”?
• It refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of
individual or traditional group ownership, continuously, to
the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary
dealings entered into by government and private
individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests,
swidden farms and tree lots.
What is AFMA?
• Republic Act 8435 is also known as AFMA or Agriculture
and Fisheries Modernization Act. It is an act defining
measures to modernize the country’s agriculture and
fisheries sectors to make them competitive in the market.
The law took effect February 9, 1998.
• what is SAFDZ? These are zones identified based on the
network of protected areas for agricultural and agro-
industrial development or NPAAAD. What makes SAFDZ
vital is the principle of using efficiency in assigning
agricultural areas for food production and security.
• What is NAAAD? NAAAD refers to areas covered under
the Network of Protected Areas for Agricultural and Agro-
Industrial Development (NPAAAD). These areas include
irrigated and irrigable lands, other lands suitable for
agriculture whether irrigated or not; highland areas
planted with crops or have the potential to grow high value
crops; and all fishery areas defined by the Fisheries Code
of 1998.
Republic Act 7586 –
The NIPAS Act of 1992

• National Integrated Protected Areas System (NIPAS)

• there are 240 protected areas in the Philippines covering
a total area of 35,700 square kilometres (13,800 sq mi) –
11.9% of the Philippines' total land area.
What is CARP? What is CARPER?
• CARP stands for the Comprehensive Agrarian Reform Program,
a government initiative that aims to grant landless farmers and
farmworkers ownership of agricultural lands. It was signed into law
 by President Corazon C. Aquino on June 10, 1988, and was
scheduled to have been completed in 1998. On the year of its
deadline, Congress enacted a law (Republic Act No. 8532)
appropriating additional funds for the program and extending the
automatic appropriation of  ill-gotten wealth recovered by the
Presidential Commission on Good Governance (PCGG) for CARP
until 2008.
• CARPER, or the Comprehensive Agrarian Reform
Program Extension with Reforms, is the amendatory law that
extends yet again the deadline of distributing agricultural lands to
farmers for five years. It also amends other provisions stated in
CARP. CARPER was signed into law on August 7, 2009.
• How much land is subject to land reform?
• An estimated 7.8 million hectares of land is covered by
CARP.