Physical
and Environmental Constraints
The
region has a number of physical and environmental constraints,
which can be perceived as development challenges, to wit:
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The
geo-physical resources of the region, the forest and
agriculture ecosystems in particular, are intermittently
distributed throughout space. This arrangement provides
wider access of Bicolanos to the resource-base, if utilized
wisely can provide ample income to families dependent on
it. Forest resources, if well utilized and protected as
needed, can provide a good life support system. The
intermittent nature of these resources requires a land use
scheme that will promote judicious use of these resources.
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Geographically, the Region has a mainland (Camarines Norte,
Camarines Sur, Albay and Sorsogon) and two (2) island
provinces (Catanduanes and Masbate). Other islands are part
of municipalities comprising the mainland provinces. Thus,
Bicol is teeming with a diversity of resources which can be
utilized for agriculture, fishery, industry and tourism.
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Bicol lies
along the volcanic belt. It lies near the center of the
Philippine Fault Zone and has flood prone areas. (please see
Chapter 3 on environmental constraints)
Policy and
Legal Constraints
RA 8371
“ The Indigenous Peoples Rights Act of 1997”.
This is
an Act to recognize, protect and promote the rights of
indigenous cultural communities/indigenous people, creating
a National Commission on Indigenous People, establishing
implementing mechanism, and to appropriate funds for other
purposes. Under this Act, the State shall take recognition
and the promotion of all rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/Ips enumerated within
the framework of the Constitution. The state shall also
institute and establish the needed mechanism of enforcing
and guaranteeing the realization of these rights, taking
into consideration their customs, tradition, values, beliefs
and their rights to their ancestral domain.
RA 7586
“National Integrated Protected Areas System Act of 1992”.
This is an Act providing for the
establishment and management of National Integrated
Protected Areas System, defining its scope and coverage and
for other purposes. Under this Act, a National Integrated
Protected Areas System (NIPAS) which shall encompass
outstanding remarkable areas and biologically important
lands that are habitats of rare and endangered species of
plants and animals, biographic zones and related ecosystems,
whether terrestrials, wetland or marine, all of which shall
be designated as “protected areas”.
RA 7942
“An Act Instituting a New System of Mineral Resources
Exploration, Development, Utilization and Conservation”
otherwise known as the “Philippine Mining Act of 1995”.
This Act provides that all mineral resources
in public and private lands within the territory and
exclusive economic zone of the Republic of the Philippines
are owned by the State. It shall be the responsibility of
the State to promote their rational exploration,
development, utilization and conservation through the
combined efforts of government and the private sector to be
able to enhance national growth in a way that effectively
safeguards the environment and protect the rights of
affected communities.
RA 6657
“An Act Instituting a Comprehensive Agrarian Reform Program
to Promote Social Justice and Industrialization, Providing
the Mechanism for its Implementation and for Other Purposes”
otherwise known as “Comprehensive Agrarian Reform Law of
1988”.
Under this Act, the state should pursue a
Comprehensive Agrarian Reform Program to promote social
justice and to move the nation towards sound rural
development and industrialization, and the establishment of
owner cultivators of economic-size farms as the basis of the
Philippine Agriculture. It is aimed to achieve a more
equitable distribution and ownership of land with due regard
to the rights of landowners to just compensation and to the
ecological needs of the nation. Also, to provide farmers
and farm workers the opportunity to enhance their dignity
and improve their qualify of lives through greater
productivity of agricultural lands.
RA 8435
“An Act Prescribing Urgent Related Measures to Modernize the
Agriculture and Fisheries Sectors of the Country in Order
to Enhance their Profitability, and Prepare said Sectors for
the Challenges of Globalization through an Adequate, Focused
and Rational Delivery of necessary support services,
Appropriating Funds therefore and for Other Purposes”
otherwise known as “Agriculture and Fisheries Modernization
Act of 1997”.
It is a policy of the state
to enable those in the agriculture and fisheries sectors to
participate and share in the fruits of development and
growth in a manner that utilizes the nation’s resources in
the most efficient and sustainable way by establishing a
more equitable access to assets, income, basic and support
services and infrastructure. The state shall also promote
food security, including sufficiency for staple food
particularly rice and white corn. The production of rice
and white corn shall be optimized.
RA 8550
“An Act Providing for the Development, Management and
Conservation of the Fisheries and Aquatic Resources,
Integrating all Laws Pertinent Thereto and for Other
Purposes” or otherwise known as “The Philippine Fisheries
Code of 1998”.
The state
shall ensure that the objectives of the fishery sub-sector
are attained; and these are: 1) conservation, protection and
sustained management of the country’s fishery and aquatic
resources; 2) poverty alleviation and provision of
supplementary livelihood among municipal fisherfolks; 3)
improvement of productivity of aquaculture within ecological
limits; 4) optimal utilization of off-shore and deep-sea
resources; and 5) upgrading of post-harvest technology.
RA 9003
“An Act Providing for an Ecological Waste Management
Program, Creating the Necessary Institutional Mechanisms and
Incentives, Declaring Certain Acts Prohibited and Providing
Penalties, Appropriating Funds Therefore, and for Other
Purposes” otherwise known as “Ecological Waste Management
Act of 2000”.
Under this Act, it is a declared policy of the state to
adopt a systematic, comprehensive and ecological solid waste
management program to ensure the protection of public health
and environment utilizing environmentally–sound methods that
maximize the use of valuable resources and encourages
resources conservation and recovery.
RA 7279
“An Act Providing for a Comprehensive and Continuing Urban
Development and Housing Program, establish the Mechanism for
Implementation, and For Other Purposes” otherwise known as
“Urban Development and Housing Act of 1992”.
It shall
be the policy of the state to undertake a comprehensive and
continuing Urban Development and Housing Program, in
cooperation with the private sector. Specifically, this
program aims to: 1) uplift the conditions of the
underprivileged and homeless citizens in Urban areas and in
resettlement areas by making available to them decent
housing at affordable cost, basic services and employment
opportunities; 2) provide for the rational use and
development of urban land in order to bring about the
following: a) equitable utilization of residential lands in
urban and urbanizable areas with particular attention to the
needs and requirements of the underprivileged and homeless
citizens and not merely on the basis of market forces; b)
optimize the use and productivity of land and urban
resources; c) to develop urban areas conducive to
commercial and industrial activities which can generate
more economic opportunities to the people; d) to reduce
urban dysfunctions, particularly those that adversely affect
health, safety and ecology; and e) to have access to land
and housing by the underprivileged and homeless citizens.
Other major objectives are: a) adopt workable policies to
regulate and direct urban growth and expansion towards a
dispersed urban net and more balanced urban-rural
interdependence; b) provide for an equitable land tenure
system that shall guarantee security of tenure to program
beneficiaries but shall respect the rights of small property
owners and ensure the payment of just compensation; c)
encourage the more effective people’s participation in the
urban development process; and d) improve the capability of
local government units in undertaking urban development and
housing programs and projects.
PD 1586 :
Environmental Impact Statement System.
Provides the
establishment and institutionalization of a system whereby
the exigencies of socio-economic undertakings can be
reconciled with the requirements of environmental quality.
It also caused for the declaration of certain projects,
undertakings or areas in the country as environmentally
critical. For this purpose, the proper land and water use
pattern for the areas of said critical projects shall be
prepared.
RA 7638
Department of Energy Act of 1992.
which provides that the State shall ensure
continuous, adequate and economic supply of energy to
achieve self-reliance in the country’s energy requirements.
It also provides for the integrated and intensive
exploration, production, management and development of the
country’s indigenous energy resources, and through the
judicious conservation, renewal and efficient utilization of
energy to keep pace with the country’s growth and economic
development and taking into consideration the active
participation of the private sector in the various areas of
energy resource development.
RA 7916:
The Special Economic Zone Act of 1995 provides that the
State shall actively encourage, promote, induce and
accelerate a sound and balanced industrial, economic and
social development of the country to be able to generate
jobs especially those in the rural areas, increase their
productivity and their individual and family income. Also,
to improve the level and quality of their living conditions
through the establishment of special economic zones in
suitable strategic locations in the country and through
measures that shall effectively attract legitimate and
productive foreign investments.
RA 7881:
An Act Amending Certain Provisions of RA 6657 Entitled “An
Act Instituting a Comprehensive Agrarian Reform Program to
Promote Social Justice and Industrialization, Providing the
Mechanism for its Implementation and for Other Purposes.
This amends Sec 2 of RA 6657 which are exempted from the
Comprehensive Agrarian Reform Program: a) lands actually,
directly and exclusively used for parks, wildlife, forest
reserves, reforestation, fish sanctuaries and breeding
grounds, watersheds and mangroves; b) private lands
actually, directly and exclusively used for prawn farms and
fishponds; c) lands actually, directly and exclusively used
and found to be necessary for national defense, school sites
and campuses, including experimental farm stations operated
by public or private schools for educational purposes, seeds
and seedling research and pilot production center, church
sites and convents, mosque sites and Islamic centers,
communal burial grounds and cemeteries, penal colonies and
penal farms actually worked by the inmates, government and
private already developed.
Development Administration
Land using activities at the regional level are regulated and
implemented by several line agencies, most of whom are members
of the Regional Land Use Committee (RLUC), in collaboration with
local government units.
Based on record regarding the presence of physical plans at the
local government level:
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Four of the
six provinces had approved Provincial Physical Framework
Plans before 2002. These provinces include Albay, Camarines
Norte, Masbate and Sorsogon.
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Only
about 50% of all cities and municipalities have
comprehensive land use plans.
These imply that at least 50 percent of local government units (LGUs)
are guided by a land use plan in the identification and
implementation of development proposals. LGUs that do not have
approved land use plans run a higher risk of implementing
unsustainable land using activities. Thus, compromising
long-term benefits, i.e., higher family incomes and sustainable
development of investment potentials, that would have been
accrued from the rational use of physical resources. The state
of the environment, that will provide a healthy life support
system and continuous supply of resources, as also put at a
risk of fast degradation.
All
provinces, however, have organized Land Use Committees, which
are tasked to review city/municipal comprehensive land use plans
for Sanggunian approval.
