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1. Sections 289-294, LGC Section 294. Development and Livelihood Projects. - The proceeds
from the share of local government units pursuant to this chapter shall
be appropriated by their respective sanggunian to finance local
CHAPTER II government and livelihood projects: Provided, however, That at least
Share of Local Government Units in the National Wealth eighty percent (80%) of the proceeds derived from the development
and utilization of hydrothermal. geothermal, and other sources of
Section 289. Share in the Proceeds from the Development and energy shall be applied solely to lower the cost of electricity in the local
Utilization of the National Wealth. - Local government units shall have government unit where such a source of energy is located.
an equitable share in the proceeds derived from the utilization and
development of the national wealth within their respective areas, 2. Sec. 5 (i) RA 7638 (Dept of Energy Act);
including sharing the same with the inhabitants by way of direct
benefits.
Section 5. Powers and Functions. The Department shall have the
following powers and functions:
Section 290. Amount of Share of Local Government Units. - Local
government units shall, in addition to the internal revenue allotment,
(i) Devise ways and means of giving direct benefits to the
have a share of forty percent (40%) of the gross collection derived by
the national government from the preceding fiscal year from mining province, city, or municipality, especially the community
taxes, royalties, forestry and fishery charges, and such other taxes, and people affected, and equitable and preferential
fees, or charges, including related surcharges, interests, or fines, and benefit to the region that hosts the energy resource
from its share in any co-production, joint venture or production sharing and/or the energy-generating facility: Provided,
agreement in the utilization and development of the national wealth however, That the other provinces, cities,
within their territorial jurisdiction. municipalities, or regions shall not be deprived of their
energy requirements;
Section 291. Share of the Local Governments from any Government 3. Sec. 82, RA 7942, Mining Act
Agency or Owned or Controlled Corporation.- Local government units
shall have a share based on the preceding fiscal year from the Section 82. Allocation of Government Share. - The Government share as
proceeds derived by any government agency or government-owned or
controlled corporation engaged in the utilization and development of referred to in the preceding sections shall be shared and allocated in
the national wealth based on the following formula whichever will accordance with Sections 290 and 292 of Republic Act No. 7160 otherwise
produce a higher share for the local government unit: known as the Local Government Code of 1991. In case the development and
utilization of mineral resources is undertaken by a government-owned or -
(a) One percent (1%) of the gross sales or receipts of the controlled corporation, the sharing and allocation shall be in accordance with
preceding calendar year; or Sections 291 and 292 of the said Code.
(b) Forty percent (40%) of the mining taxes, royalties, 4. .Sections 1, 3, 5, 7 8, Article III, RA 9054 (Revised Organic
forestry and fishery charges and such other taxes, fees or Act of ARMM); also Article XII, Secs. 1, 5 (a) and (b), 6-9,
charges, including related surcharges, interests, or fines the 21-24;
government agency or government owned or controlled
corporation would have paid if it were not otherwise exempt.
ARTICLE III
GUIDING PRINCIPLES AND POLICIES
Section 292. Allocation of Shares. - The share in the preceding
Section shall be distributed in the following manner:
Section 1. Integral Part of the Republic. - The Autonomous Region in
Muslim Mindanao shall remain an integral and inseparable part of the
(a) Where the natural resources are located in the province: national territory of the Republic as defined by the Constitution and
existing laws.
(1) Province - Twenty percent (20%);
The autonomous region shall be governed and administered in
(2) Component City/Municipality - Forty-five accordance with the laws enacted by the Regional Assembly and by
percent (45%); and this Organic Act.
(3) Barangay - Thirty-five percent (35%) Section 3. Devolution of Powers. - The regional government shall
adopt a policy on local autonomy whereby regional powers shall be
devolved to local government units particularly in areas of education,
Provided, however, That where the natural resources are health, human resource, science and technology and people
located in two (2) or more provinces, or in two (2) or more empowerment. Until a law implementing this provision is enacted by
component cities or municipalities or in two (2) or more the Regional Assembly, Republic Act No. 7160, the Local Government
barangays, their respective shares shall be computed on the Code of 1991, shall continue to apply to all the provinces, cities,
basis of: municipalities, and barangay within the autonomous region.
(1) Population - Seventy percent (70%); and The Regional Assembly may not pass any law to diminish, lessen, or
reduce the powers, functions, and shares in the internal revenue taxes
(2) Land area - Thirty percent (30%) of the said local government units as provided by Republic Act No.
7160, the Local Government Code of 1991.
The Regional Assembly shall, in consultation with the Supreme Court, Section 8. Rules, Regulations and Fees. - The Regional Assembly
determine the number and specify the details of the jurisdiction of shall by law regulate the exploration, utilization, development, and
these courts. protection of the natural resources, including the mines and minerals,
except the strategic minerals as provided in this Organic Act. The
Regional Government shall, pursuant to the said law, shall prescribe
No person in the autonomous region shall be subjected to any form of
the rules and regulations and impose regulatory fees in connection
discrimination on account of creed, religion, ethnic origin, parentage or
therewith. Upon the enactment of the said law and the effectivity of
sex.
such rules and regulations, the fees imposed by the Regional
Government shall replace those that had been imposed by the central
The regional government shall ensure the development, protection, government or national government.
and well-being of all indigenous tribal communities. Priority legislation
in this regard shall be enacted for the benefit of those tribes that are in
Section 9. Regulation of Small-Scale Mining. - Small-scale mining
danger of extinction as determined by the Southern Philippines
shall be regulated by the Regional Government to the end that the
Cultural Commission.
ecological balance, safety and health, and the interests of the
indigenous cultural communities, the miners, and the people of the
Section 7. Improving Status of the Marginalized. - The regional place where such operations are conducted are duly protected and
government shall devote its resources to the improvement of the well- safeguarded.
being of all its constituents, particularly the marginalized, deprived,
disadvantaged, underprivileged, disabled, and the elderly.
Agriculture, Fisheries and Aquatic Resources
ARTICLE XII Section 23. Soil and Water Conservation. - The Regional Government
ECONOMY AND PATRIMONY shall give top priority to the conservation, protection, utilization, and
development of soil and water resources for agricultural purposes.
Section 1. Regional Economy and Conservation of Patrimony. -
Consistent with the Constitution and existing laws, the Regional Section 24. Aquatic and Fisheries Code. - The Regional Assembly
Assembly may enact laws pertaining to the regional economy and may enact an aquatic and fisheries code which shall enhance,
patrimony that are responsive to the needs of the region. The Regional develop, conserve, and protect marine and aquatic resources, and
shall protect the rights of subsistence fisherfolk to the preferential use
Government may not lower the standards required by the central
of communal marine and fishing resources, including seaweeds. This
government or national government for the protection, conservation, protection shall extend to offshore fishing grounds, up to and including
and enhancement of the natural resources. all waters fifteen (15) kilometers from the coastline of the autonomous
region but within the territorial waters of the Republic, regardless of
Section 5. Use, Development of Mines, Minerals, and Other Natural depth and the seabed and the subsoil that are included between two
Resources; Revenue Sharing; Exceptions. - (2) lines drawn perpendicular to the general coastline from points
where the boundary lines of the autonomous region touch the sea at
low tide and a third line parallel to the general coastline.
(a)Regional Supervision and Control. The control and
supervision over the exploration, utilization, development,
The provinces and cities within the autonomous region shall have
and protection of the mines and minerals and other natural
resources within the autonomous region are hereby vested priority rights to the utilization, development, conservation, and
in the Regional Government in accordance with the protection of the aforementioned offshore fishing grounds.
Constitution and the pertinent provisions of this Organic Act
except for the strategic minerals such as uranium, The provinces and cities concerned shall provide support to
petroleum, and other fossil fuels, mineral oils, all sources of subsistence fisherfolk through appropriate technology and research,
potential energy, as well as national reserves and aquatic adequate financial, production, marketing assistance, and other
parks, forest and watershed reservations already delimited services.
by authority of the central government or national
government and those that may be defined by an Act of
Congress within one (1) year from the effectivity of this The Regional Assembly shall enact priority legislation to ensure that
Organic Act. fish-workers shall receive a just share from their labor in the utilization,
production, and development of marine and fishing resources.
ARTICLE IV LAND USE, INVENTORY, ACQUISITION AND DISPOSITION (a) When persons or entities occupy danger areas such as esteros,
railroad tracks, garbage dumps, riverbanks, shorelines,
Sec. 7. Inventory of Lands. Within one (1) year from the effectivity of this waterways, and other public places such as sidewalks, roads,
Act, all city and municipal governments shall conduct an inventory of all kinds parks, and playgrounds;
and improvements thereon within their respective localities. The inventory (b) When government infrastructure projects with available funding
shall include the following: are about to be implemented; or
(c) When there is a court order for eviction and demolition.
(a) Residential lands;
(b) Government-owned lands, whether owned by the National In the execution of eviction or demolition orders involving underprivileged
Government or any of its subdivisions, instrumentalities, or and homeless citizens, the following shall be mandatory:
agencies, including government-owned or-controlled corporations
and their subsidiaries; (1) Notice upon the effected persons or entities at least thirty (30)
(c) Unregistered or abandoned and idle lands; and days prior to the date of eviction or demolition;
(d) Other lands. (2) Adequate consultations on the matter of settlement with the duly
designated representatives of the families to be resettled and the
In conducting the inventory, the local government units concerned, in affected communities in the areas where they are to be relocated;
coordination with the Housing and Land Use Regulatory Board and with the (3) Presence of local government officials or their representatives
assistance of the appropriate government agencies, shall indicate the type of during eviction or demolition;
land use and the degree of land utilization, and other data or information (4) Proper identification of all persons taking part in the demolition;
necessary to carry out the purposes of this Act. (5) Execution of eviction or demolition only during regular office
hours from Mondays to Fridays and during good weather, unless
For planning purposes, the Housing and Urban Development Coordinating the affected families consent otherwise;
Council shall be furnished by each local government unit a copy of its (6) No use of heavy equipment for demolition except for structures
inventory which shall be updated every three (3) years. that are permanent and of concrete materials;
(7) Proper uniforms for members of the Philippine National Police
Sec. 8. Identification of Sites for Socialized Housing. After the inventory who shall occupy the first line of law enforcement and observe
the local government units, in coordination with the National Housing proper disturbance control procedures; and
Authority, the Housing and Land Use Regulatory Board, the National (8) Adequate relocation, whether temporary or permanent: Provided,
Mapping Resource Information Authority, and the Land Management however, That in cases of eviction and demolition pursuant to a
Bureau, shall identify lands for socialized housing and resettlement areas for court order involving underprivileged and homeless citizens,
the immediate and future needs of the underprivileged and homeless in the relocation shall be undertaken by the local government unit
urban areas, taking into consideration and degree of availability of basic concerned and the National Housing Authority with the assistance
services and facilities, their accessibility and proximity of jobs sites and other of other government agencies within forty-five (45) days from
economic opportunities, and the actual number of registered beneficiaries. service of notice of final judgment by the court, after which period
the said order shall be executed: Provided, further, That should
Government-owned lands under paragraph (b) of the preceding section
relocation not be possible within the said period, financial
which have not been used for the purpose for which they have been
assistance in the amount equivalent to the prevailing minimum
reserved or set aside for the past ten (10) years from the effectivity of this
daily wage multiplied by sixty (60) days shall be extended to the
Act and identified as suitable for socialized housing, shall immediately be
affected families by the local government unit concerned.
transferred to the National Housing Authority subject to the approval of the
President of the Philippines or by the local government unit concerned, as This Department of the Interior and Local Government and the Housing and
the case may be, for proper disposition in accordance with this Act. Urban Development Coordinating Council shall jointly promulgate the
necessary rules and regulations to carry out the above provision.
Sec. 13. Valuation of Lands for Socialized Housing. Equitable land valuation
guidelines for socialized housing shall be set by the Department of Finance Sec. 29. Resettlement. Within two (2) years from the effectivity of this Act,
on the basis of the market value reflected in the Zonal valuation, or in its the local government units, in coordination with the National Housing
absence, on the latest real property tax declaration. Authority, shall implement the relocation and resettlement of persons living
in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks,
For site already occupied by qualified Program beneficiaries, the Department
shorelines, waterways, and in other public places as sidewalks, roads, parks,
of Finance shall factor into the valuation the blighted status of the lands as
and playgrounds. The local government unit, in coordination with the
certified by the local government unit or the National Housing Authority.
National Housing Authority, shall provide relocation or resettlement sites
with basic services and facilities and access to employment and livelihood
Sec. 21. Basic Services. Socialized housing or resettlement areas shall be
opportunities sufficient to meet the basic needs of the affected families.
provided by the local government unit or the National Housing Authority in
cooperation with the private developers and concerned agencies with the
Sec. 34. Promotion of Indigenous Housing Materials and Technologies. The
following basic services and facilities:
local government units, in cooperation with the National Housing Authority,
Technology and Livelihood Resource Center, and other concerned agencies,
(a) Potable water;
shall promote the production and use of indigenous, alternative, and low-
(b) Power and electricity and an adequate power distribution system;
cost construction materials and technologies for socialized housing.
(c) Sewerage facilities and an efficient and adequate solid waste
disposal system; and
Sec. 39. Role of Local Government Units. The local government units shall
(d) Access to primary roads and transportation facilities.
be charged with the implementation of this Act in their respective localities,
in coordination with the Housing and Urban Development Coordinating
The provisions of other basic services and facilities such as health, education,
Council, the national housing agencies, the Presidential Commission for the
communications, security, recreation, relief and welfare shall be planned and
Urban Poor, the private sector and other nongovernment organizations.
shall be given priority for implementation by the local government unit and
concerned agencies in cooperation with the private sector and the
Sec. 43. Socialized Housing Tax. Consistent with the constitutional
beneficiaries themselves.
principle that the ownership and enjoyment of property bear a social
function and to raise funds for the Program, all local government units are
The local government unit, in coordination with the concerned national
hereby authorized to impose an additional one-half percent (0.5%) tax on the
agencies, shall ensure that these basic services are provided at the most
assessed value of all lands in urban areas in excess of Fifty thousand pesos
costefficient rates, and shall set as mechanism to coordinate operationally
(P50,000).
the thrusts, objectives and activities of other government agencies
concerned with providing basic services to housing projects.
6. Article XIII, Sections 9 and 10, of the Constitution
No resettlement of urban or rural dwellers shall be undertaken without Reaffirming the Declaration of the United
adequate consultation with them and the communities where they are Nations Conference on the Human
to be relocated. Environment, adopted at Stockholm on 16 June
1972, a/ and seeking to build upon
it,
7. LGC, Sections 25 and 27
With the goal of establishing a new and
CHAPTER III equitable global partnership
Intergovernmental Relations through the creation of new levels of
cooperation among States, key sectors of
societies and people,
ARTICLE I
National Government and Local Government Units Working towards international agreements
which respect the interests of
Section 25. National Supervision over Local Government Units. - all and protect the integrity of the global
environmental and developmental
system,
(a) Consistent with the basic policy on local autonomy, the
President shall exercise general supervision over local Recognizing the integral and interdependent
government units to ensure that their acts are within the scope of nature of the Earth, our
their prescribed powers and functions. home,
The President shall exercise supervisory authority directly over Proclaims that:
provinces, highly urbanized cities, and independent component
cities; through the province with respect to component cities and Principle 1
municipalities; and through the city and municipality with respect
to barangays. Human beings are at the centre of concerns
for sustainable development.
They are entitled to a healthy and productive
(b) National agencies and offices with project implementation life in harmony with nature.
functions shall coordinate with one another and with the local
government units concerned in the discharge of these functions.
They shall ensure the participation of local government units both Principle 2
in the planning and implementation of said national projects.
States have, in accordance with the Charter
of the United Nations and the
(c) The President may, upon request of the local government unit principles of international law, the sovereign
concerned, direct the appropriate national agency to provide right to exploit their own
financial, technical, or other forms of assistance to the local resources pursuant to their own environmental
government unit. Such assistance shall be extended at no extra and developmental policies, and
cost to the local government unit concerned. the responsibility to ensure that activities
within their jurisdiction or
(d) National agencies and offices including government-owned or control do not cause damage to the environment
controlled corporations with field units or branches in a province, of other States or of areas
city, or municipality shall furnish the local chief executive beyond the limits of national jurisdiction.
concerned, for his information and guidance, monthly reports
including duly certified budgetary allocations and expenditures.
Principle 3
Section 27. Prior Consultations Required. - No project or program The right to development must be fulfilled
shall be implemented by government authorities unless the so as to equitably meet
consultations mentioned in Sections 2 (c) and 26 hereof are developmental and environmental needs of present
complied with, and prior approval of the sanggunian concerned is and future generations.
obtained: Provided, That occupants in areas where such projects
are to be implemented shall not be evicted unless appropriate Principle 4
relocation sites have been provided, in accordance with the
provisions of the Constitution. In order to achieve sustainable development,
environmental protection
shall constitute an integral part of the
8. Boracay Foundation vs. Province of Aklan (G.R. No.
development process and cannot be
196870), 2012 Decision considered in isolation from it.
The special situation and needs of in all countries, to better address the problems
developing countries, particularly the of environmental degradation.
least developed and those most environmentally Trade policy measures for environmental purposes
vulnerable, shall be given should not constitute a means
special priority. International actions in the of arbitrary or unjustifiable discrimination or
field of environment and a disguised restriction on
development should also address the interests international trade. Unilateral actions to deal
and needs of all countries. with environmental challenges
outside the jurisdiction of the importing
country should be avoided.
Principle 7 Environmental measures addressing transboundary
or global environmental
States shall cooperate in a spirit of global problems should, as far as possible, be based on
partnership to conserve, an international consensus.
protect and restore the health and integrity of
the Earth's ecosystem. In view
of the different contributions to global Principle 13
environmental degradation, States have
common but differentiated responsibilities. The States shall develop national law regarding
developed countries liability and compensation
acknowledge the responsibility that they bear in for the victims of pollution and other
the international pursuit of environmental damage. States shall also
sustainable development in view of the pressures cooperate in an expeditious and more determined
their societies place on the manner to develop further
global environment and of the technologies and international law regarding liability and
financial resources they compensation for adverse effects of
command. environmental damage caused by activities within
their jurisdiction or control
to areas beyond their jurisdiction.
Principle 8
Principle 20
Principle 21
Principle 22
Principle 23
Principle 24
Principle 25
Principle 26
Principle 27