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EXECUTIVE ORDER NO. 72 - PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF THE COMPREHENSIVE LAND USE PLANS OF LOCAL GOVERNMENT UNITS PURSUANT TO THE LOCAL GOVERNMENT CODE OF 1991 AND OTHER PERTINENT LAWS
|WHEREAS, RA 7160, otherwise known as the
Local Government Code of 1991 (LGC) provides that local government
units (LGUs) shall, in conformity with existing laws, continue to
prepare their respective comprehensive land use plans enacted through
zoning ordinances which shall be the primary and dominant bases for the
future use of land resources;
WHEREAS, the LGC further provides that the requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the preparation of comprehensive land use plans;
WHEREAS, PD 933 and EO 648, S. of 1981, as amended by EO 90, S. of 1986, empower the Housing and Land Use Regulatory Board (HLRB) to review, evaluate and approve or disapprove land use plans of cities and municipalities;
WHEREAS, the aforesaid laws likewise authorize the HLRB to prescribe the standards and guidelines governing the preparation of land use plans, to monitor the implementation of such plans, and to adjudicate and settle the disputes among LGUs over their land use plans and zoning programs;
WHEREAS, RA 7279, otherwise known as the Urban and Housing Development Act of 1992, in effect, reaffirms the above powers and functions of the HLRB;
WHEREAS, there is a need to delineate the powers and responsibilities of the LGUs and the HLRB in the preparation and implementation of comprehensive land use plans under a decentralized framework of local governance;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, upon the recommendation of the Oversight Committee created under Sec. 533 of the LGC, do hereby order and direct:
As a policy recommending body of the LGU, the city or municipal development council (CDC/MDC) shall initiate the formulation or updating of its land use plan, in consultation with the concerned sectors in the community. For this purpose, the CDC/MDC may seek the assistance of any local official or field officer of NGAs operating in the LGU.
The city or municipal planning and development coordinator (CPDC/MPDC) and/or the city or municipal agriculturist, if there is any, shall provide the technical support services and such other assistance as may be required by the CDC/MDC to effectively carry out this function.
The comprehensive land use plan prepared by the CDC/MDC shall be submitted to the sangguniang panlungsod or sangguniang bayan, as the case may be, for enactment into a zoning ordinance. Such ordinance shall be enacted and approved in accordance with Articles 107 and 108 of the Implementing Rules and Regulations (IRR) of the LGC.
As a policy recommending body of the province, the provincial development council (PDC) shall initiate the formulation or updating of its land use plan, in consultation with the concerned sectors in its component units. For this purpose, it may seek the assistance of any provincial official or field officer of NGAs operating in the province.
The provincial planning and development coordinator (PPDC) and/or the provincial agriculturist (PA) shall provide the technical support services and such other assistance as may be required by the PDC to effectively carry out this function.
The comprehensive land use plan prepared by the PDC shall be submitted to the sangguniang panlalawigan for enactment into an ordinance. Such ordinance shall be enacted and approved in accordance with Articles 107 and 108 of the IRR of the LGC.
For purposes of policy coordination and uniformity in operational directions, the PLUC shall be attached to the PDC.
Any local planning and development coordinator and other officials of component units and field officers of NGAs operating in the province or region may be called upon by the PLUC to assist in the review of said plans. The technical secretariat of the PDC shall provide the necessary support services to the PLUC.
The PLUC shall call upon the concerned CPDC or MPDC whenever their respective land use plans are deliberated by the Committee.
The PLUC, through the chairman, shall submit its findings and recommendations to the sangguniang panlalawigan, which shall be considered by the said sanggunian in making its decision.
Based on established national standards and priorities, the HLRB shall continue to issue locational clearances for projects considered to be of vital and national or regional economic or environmental significance. Unless otherwise declared by the NEDA Board, all projects shall be presumed locally-significant.
In addition, other NGAs concerned with land use are hereby directed to extend such technical assistance as may be requested by LGUs. Such assistance shall be extended at no extra cost to LGUs.
DONE in the City of Manila, this 25th day of March in the year of Our Lord, nineteen hundred and ninety-three.
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