SO THE PEOPLE MAY KNOW
COMMENTS ON THE REPORT BY THE CHAIRPERSON OF THE JOINT COMMITTEES ON LAND UTILIZATION AND LAWS, ORDINANCES AND JUDICIARY IN THE CONSIDERATION OF DRAFT ORDINANCE NO. 0-564 AND THE ZONING ORDINANCE
Submitted by the Committee on Land Utilization, and Laws, Ordinances and Judiciary
Subject: PROPOSED COMPREHENSIVE LAND USE PLAN OF DAGUPAN CITY
2015-2025 AND THE PROPOSED ZONING ORDINANCE
To : The Honorable City Vice Mayor and Presiding Officer
Date : 02 June 2016
STATEMENT
The undersigned members of the Joint Committees on Land Utilization, and Laws, Ordinances and Judiciary, hereby submits herein Comments to the Report of the Chairperson of both committees dated 27 May 2016.
BASIS
This Comments is issued pursuant to Section 27 (d) and (e) of Sangguniang Panglunsod Resolution No. 6785-2012, “Adopting a New Comprehensive Set of Internal Rules of Procedure for the Sangguniang Panglunsod of the City of Dagupan” (Annex 1) to wit:
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“(d) Any member dissenting from the report shall submit in writing his reason or reasons therefore” and
(e) … The joint or multiple committee report must include the name of the reporting committee or committees, brief statement of the subject matter referred to it and the action taken thereon including information gathered during the conduct of the committee hearings or meetings and other relevant information, findings or conclusions, recommendations (preferably in the form of resolution), names and signatures of concurring members, appendices.” (Emphasis supplied)
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As a joint committee undertaking, the Chairman’s Report bore his name and signature and that of the Minority Floor Leader, without the signature of other members of both committees (Annex 2-Page 3 of Standing Committees).
We are jointly issuing this Comment as members of said committees in order to present alternate views, understanding of facts and issues, findings and recommendations, and other documents to support our position.
BACKGROUND
- The subject matter in consideration, Revised Comprehensive Land Use Plan of Dagupan City for 2015-2025, is both a vital development tool and document prepared pursuant to the provisions of the Local Government Code of 1991 (RA 7160). Accordingly, it was more than thirty (30) years ago when the city drafted and implemented Ordinance No. 957, series of 1978, otherwise known as the Zoning Ordinance of Dagupan City. (Annex 3)
- Among the eight (8) key cities in Region 1, Dagupan has and continue to possess the most outdated comprehensive development plan, after failing to update it since its approval in December 2, 1981. The cities of Laoag, Candon, Vigan, San Fernando, San Carlos, Urdaneta and Alaminos has, at different times, updated plans for the last 10 years. (Annex 4–Table of Cities).
- Record bears out that there was an attempt to revise this by virtue of Ordinance No. 1840, series of 2005, known as the Revised Zoning Ordinance of Dagupan City for the years 2002-2032, covering a 30-year span of land use planning. However, given the new guidelines by the Housing and Land Use Regulatory Board (HLURB), timelines of various Comprehensive Land Use Plans of cities and municipalities was reduced to a 10-year period in order for local governments to continue updating their respective land use plans aligned with the needs and development strategies of the populace. There has been no other action taken since then.
- With the assumption of the new administration of Mayor Belen Fernandez in May 2013, she set into motion steps that led to the creation of this Revised Comprehensive Development Plan for Dagupan City 2015-2025 which was TWICE officially endorsed by the City Development Council (Annex 5-CDC Resolutions), and transmitted to the Sanggunian for the study and review.
- After lengthy public consultations that led to the creation of a 3-volume document (Annex 6-Timeline of Activity by the City Planning and Development Office), a more exhaustive discussion followed through the public hearings conducted by the Sanggunian (Annex 7 – Timeline of Activity by the Sanggunian Panlungsod) in almost two years, through five (5) public hearings involving the major cross sections of Dagupan’s society. (Annex 8 – Minutes of Public Hearings Conducted.)
- Following the submission of Report by the Chairperson of the Joint Committees herein referred to in this document, this Comment shall now dispute some facts and issues, findings and recommendations therein, and to present documents to support our position.FINDINGS
- A comprehensive land use development plan (CLUP) is a development tool utilized to allocate resources of cities and municipalities for the future use. The apprehensions discussed in items number 1-12 under Findings by the Chairman’s Report is premature because no process of reclassification takes place at any time before, during and after the adoption of a CLUP pursuant to the provisions of Rule 7 of the Implementing Rules and Regulations of Republic Act No. 7160, otherwise known as The Local Government Code of 1991. (Annex)
The authority of the Sanggunian to make a determination of reclassifying lands remain as a separate legislative prerogative and can only proceed if there is a validly approved comprehensive land use plan.
- With or without an approved CLUP, coastal cities like Dagupan has to contend with that reality that threats of recurring floods or hazards from a potential tsunami will continue. Based on the documents obtained by this Committee from the Public Alert Response Monitoring Center and the Philippine Institute of Volcanology and Seismology, a simulated inundation map models showing various levels from 0.1 meters to 7.0 meters, can engulf the entire city, in the event of a magnitude 8 earthquake (Annexes). In short, the perceived fear of worsening flood does not proceed from an adoption of a new land use plan.
The approval of a new CLUP augurs well for Dagupan because this will address some constraints faced by the city by calling for stringent engineering interventions that would minimize floodings. (Annex) Big ticket projects like the Agno Flood River Control Phase III are now underway to construct structural measures that would divert floods away from the Pantal-Sinucalan River so as to provide relief to our perennially inundated city. (Annex)
Dredging of the rivers continues round the clock, along with the continuing elevation of roads and construction of bigger and wider drainage canals to ensure that waters recede as quickly as it comes in.
ON ITEM NO. 13 & 14 CRUCIAL CONCERNS
- The undersigned members maintain that there was full compliance with the Guide to Land Use Preparation, citing the letter to Atty. Farah Decano that the CLUP has satisfied and passed the guidelines set forth by HLURB and Regional Land Use Committee (RLUC)–??? (Annex)
- The Regional Land Use Committee has issued RLUC 1 Resolution No. 01, s. 2015, favorably endorsing the Revised Comprehensive Land Use Plan of Dagupan City for 2015-2025 to the Sanggunian Panlungsod for Approval. (Annex)
This document is the sole proof that the CLUP is regular on its face and has fully complied and adhered with the requirements of law to the full satisfaction of all members of the Regional Land Use Committee members. This determination by the RLUC carries full weight and wisdom which this Committee should not set aside.
ON ITEM NO. 15 – QUALIFICATIONS OF ENGR. ROMEO ROSARIO
- The undersigned members of the joint committees maintain that there is no specific law in force requiring the immediate possession of a license to practice environmental planning as an indispensable and essential qualification to craft a valid comprehensive land use plan.
- Under Section 34 of Republic Act No. 10587, “An act Regulating the Practice of Environmental Planning, Repealing for the Purpose Presidential Decree Numbered One Thousand Three Hundred and Eight, entitled “Law Regulating the Environmental Planning Profession the Philippines”, and for other purposes” (Annex) provides that in the case of holders of positions in government with environmental planning functions, there is a moratorium of five (5) years from the effectivity of the law for them to be registered and licensed as environmental planners. It should be noted that at the time the present CLUP was being crafted and public consultations were being conducted in 2014, Engr. Romeo Rosario, then City Planning and Development Coordinator, would still have 5 years from May 27, 2013, the date of effectivity of RA 10587, to obtain the requisite qualification to practice as an environmental planner. But not even Engr. Rosario’s mandatory retirement from government service early this year failed to cast a pall over his competence to oversee the public consultations, actively participate in the free, open and spirited debate, defense and discussions in all five public hearings conducted by the Sanggunian, and the presentation and defense before the Regional Land use Committee as well as the Housing and Land Use Regulatory Board.
- The undersigned members recognize the invaluable inputs and repose their highest respect to Engr. Rosario who spent more than 32 long productive years as a dedicated public servant in the city government which was fittingly capped by crafting this vital comprehensive land use plan. That he led the planning team in crafting the CLUP absent with the credentials that is not yet necessary to be obtained as yet, there is no denying that with his long stint in government and vast experience in planning he has already obtained a great wealth of knowledge, skills and competence which enabled him to lead the team who prepared the proposed CLUP now in consideration. (Annex)
- Finally, the CLUP was reviewed and approved by RLUC which is a composite body of several national agencies (Annex), whose members possess all the required technical skills and competence as well as the legal authority to pass upon full compliance with CLUP guidelines and national standards. This should fully settle and completely cast aside any doubt as to the compliance with criteria set by law.
ON ITEM NO. 16- THE PROPOSED CLUP WAS RECONFIGURED
- The proposed CLUP is a product of a full, extensive and exhaustive study conducted by a broad base of stakeholders as evidenced by
the meetings of the City Development Council which has twice endorsed the same for approval by the Sanggunian. (Annex)
That it was allegedly “reconfigured” owing to some attributions to a study by UP Planades does not deter the fact that it was a formulated as a new comprehensive land use plan because many of the conditions obtaining during the planning of the referenced CLUP in 2002 are no longer relevant today.
ON ITEM 16.2 ON COMMENTS OF COUNCILOR RED ERFE MEJIA:
- With due respect to the Minority Floor Leader, persistent reference to the 2003 CLUP is pointless as well as misguided because the document referred to was bereft of final review and ratification by the HLURB. (Annex – Executive Order No. 72, s. 1993, Section 2 (c) and (d), Composition and mandate of PLUC & RLUC.)
This joint committee has recently been furnished a copy of a certification from Engr. Roland Suni, Officer-in-charge, City Planning and Development Officer, that Ordinance No. 1840-2005, entitled “Adopting the Revised Zoning Ordinance of the City of Dagupan for 2002 – 2032” has NOT been endorsed and ratified by the Housing and Land Use Regulatory Board. (Annex)
This fact was further bolstered by a letter of Undersecretary Austere A. Panadero, Undersecretary for Local Government, DILG, to Hon. Benjie S. Lim, dated 15 October 2010, informing the latter that the 2003 CLUP never became operative, citing a report from the Committee on Housing and Urban Development of the House of Representatives, and confirmed by the Housing Land Use and Regulatory Board (HLURB) that the City of Dagupan has NOT updated its CLUP since December 1981, as well as advising the former City Mayor to update the same and work for its approval by the local sanggunian not later than March 2011. (Annex)
The letter coming from DILG Usec Panadero therefore affirms that the 2003 CLUP is inoperative and has no intrinsic value in the discussions at bar.
- Recent HLURB guidelines prescribe that the life of a comprehensive land use plan at 10 years. The life of the 2003 CLUP has therefore already ceased even before it could be reviewed and ratified by the HLURB, and such failure to comply with such requirement has rendered the same inoperative. Councilor Erfe-Mejia’s continuing reference to an otherwise “expired” legislation has no bearing in this discussion because it has not materialized ever into a full legislation.
A comprehensive land use plan is an extraordinary measure because its operation rests on the subsequent review and ratification by the Housing and Land Use Regulatory Board, which in this case, the City of Dagupan failed to obtain for the 2003 CLUP at anytime throughout the prescribed 10-year life of the land use plan.
It is unfortunate that the framers of the approved 2003 CLUP and its corresponding Zoning Ordinance proposed its life to span 30 years in conformity with the prescription and recommendation of UP Planades. As a result, both measures did not conform to the requirements of HLURB and has not received the imprimatur of the ratifying body.
The proposed comprehensive land use plan, subject of Draft Ordinance No. 0-564, is an entirely new formulation and a product of inter-agency collaboration and prepared according to CLUP guidelines, and such fact was clearly attested through the collegial action of the Regional Land Use Committee.
ON ITEM 16.3 – CLAIM OF SCARCE PUBLIC CONSULTATION
- The conduct of full and exhaustive public consultation is evidenced by the existence of various local development council resolutions, in addition to the conduct of public consultations as well as public hearings by the Sanggunian, attests to the fact the general public has been given ample opportunity to know and understand the issues, provide inputs and participate in the discussion and debate, and such fact has been well documented throughout two years. (See Annexes)
- As a matter of record, the undersigned members of this joint Committee personally and collectively attest that in nearly 3 years of discharging duties and functions in legislation and policy making, the consideration of the CLUP required the conduct of the most number of public hearings among all the vital pieces of legislation taken up the by Sanggunian. The process likewise involved the boardest base of stakeholders in the community, drawing an impressive ensemble of resource persons from all barangays, local, civic and business leaders, and representatives from key regional and national government agencies who lent personal, technical and professional opinions on matters relating to the CLUP. (Annex)
ON ITEM 16.4 – WHO ARE THE PARTICIPANTS
- As to who are the owners of public lands to be affected by the CLUP is not material because the list of all landowners is a matter of public record which can be accessed anytime from the City Assessor’s Office. This involves huge volumes of records of all landowners in the City of Dagupan because the CLUP is bound to affect the general population, and not a selected few.
Even the records of the Sanggunian show that throughout the run of five separate public hearings conducted, a major cross section of our Dagupan was properly represented and participated in the discussions and debate. (Annex)
AS TO ITEM NO. 1 UNDER ADVERSE RECOMMENDATIONS OF COUNCILOR ALFIE FERNANDEZ
- The undersigned members affirm that the proposed CLUP, on its face, and based on the certification by the Regional Land Use Committee, is a product or output in conformity with the guidelines set forth by law.
RLUC Resolution No. 01, series of 2015, dated 15 May 2015, endorsing to the Sanggunian for approval of the CLUP as well as the appended Zoning Ordinance, is the sole proof that Dagupan today has complied with all the requirements in crafting the present CLUP, and that the addendum has already been complied with. (Annex)
AS TO ITEM NO. 2- REQUIREMENT OF SANGGUNIAN AUTHORIZATION AS ADVERSE RECOMMENDATION OF COUNCILOR ALFIE FERNANDEZ
- Relative to item no. 10 herein where this Committee reiterates that the 2003 CLUP is inoperative by virtue of its failure to obtain the final review and approval of the HLURB, hence the premise that a review of a CLUP for purposes of amending an existing law should be formally authorized by the Sanggunian no longer holds water.
The Sanggunian is therefore in order in considering the entirely new and different Comprehensive Land Use Plan as proposed, without the necessity of a Sanggunian authorization because no review of an existing law was made.
AS TO ITEM NO. 3 – ON SOCIAL ACCEPTABILITY UNDER ADVERSE RECOMMENDATION OF COUNCILOR ALFIE FERNANDEZ
- The undersigned Members cannot help but stress the importance of social acceptability as regards the proposed CLUP. The Chairman contends that social acceptability requirement and proof of sustainable development should be established.
- On the other hand, the undersigned committee members states that there is a considerable social acceptability considering that adequate public hearings has been conducted, and that there is a local development council endorsing the CLUP, copies of which was transmitted to the Sanggunian at the precise moment it was transmitted on October 27, 2014, or nearly two years ago. (See Annex)
- The crying need for the enactment of a new CLUP as an imperative for a competitive, business friendly city has never been more vivid with the bold declaration of businessman Andre Abalos where he stated in clear and unmistakeable terms that “WE HAVE LONG BEEN WAITING FOR THIS…”
This makes the most compelling case for the formulation and approval of a new comprehensive land use plan, in keeping with the demand of the business community, echoed by the Metro Dagupan Chamber of Commerce, through Mr. Abalos as its president, apart from the petitions by key entrepreneurs in Dagupan.
With a new CLUP in place, specific activity zones are allocated, and benefits investors because this saves them additional costs to do the study. With a new CLUP investors are assured that the climate for business and investment is attractive, and processes are not tedious.
- At every stage of the consultation, notices were issued and sent by the CPDO and the City Administrators’ Office, as well as the extensive public hearings conducted by the Sanggunian, through the Joint Committees on Land Utilization, and Laws, Ordinances and Judiciary, to ensure that the general population is well apprised of the issues and obtains support for the same. (Annex)
ON ITEM NO. 3 – ON SUSTAINABLE DEVELOPMENT AS DISCUSSED IN THE ADVERSE RECOMMENDATION BY COUNCILOR ALFIE FERNANDEZ
- As to issue on sustainable development, the development strategy employed is a nodal development which aims to decongest the central commercial district, therefore encouraging for the expansion of more economic centers. This is consistent with the City’s goals articulated through its institutional Mission and Vision statement (Annex), to wit:
VISION
We, the Happy People of Balon Dagupan, envision our city as a globally competitive business, education, health and convention center of the North with God-loving, empowered, unified and resilient citizenry of unique culture that lives in a sustainable environment anchored on robust and sound economy governed by transparent and accountable leadership that values democracy and equality for all” (Emphasis supplied)
MISSION
We, are committed to promote discipline and excellence, cultivate civic pride, upscale global investments and entrepreneurship guarantee relevant social and environmental developments sustained by the City Government’s quality management and fiscal systems through participatory, open and responsible governance.”
ON ITEM NO. 4 AS ADVERSE RECOMMENDATION BY COUNCILOR ALFIE FERNANDEZ ON LAND RECLASSIFICATION AND ENGINEERING INTERVENTIONS
22 . Anent this adverse recommendation of the Councilor Alfie Fernandez in paragraph 4 let it be emphasized first that the entire members of the joint committees are beset with the issue whether or not the CLUP and Zoning Ordinance are appropriate and consistent with HLURB standards. The joint committees on land utilization and of laws, ordinances and judiciary, is not asked whether or not the land classification and conversion pursuant to the Local Government Code.
Land classification is covered by Article 38 of the Implementing Rules and Regulations of the Republic Act No. 7160, otherwise known as the 1991 Local Government Code.
The said provision of the Local Government Code treats of land reclassification and does not speak of approval. This means that land reclassification adverted to by Councilor Alfie Fernandez comes in only after the approval of the CLUP and the Zoning Ordinance.
In effect, the approval of the proposed zoning ordinance that shall implement the land use plan must take precedence prior to any move to reclassify lands as discussed by Councilor Alfie Fernandez.
Additionally, engineering intervention plan as and in this regard the DPWH has furnished this committee with documents showing engineering plans geared towards minimization of flooding in anticipation of the implementation of zoning ordinance.
Thus, to grab by the horn the observation of Councilor Alfie Fernandez under No. 4 of his recommendation, it has been discussed by no less than the City Engineer Jane Rosario that engineering plans are in place, including other projects like the Agno River Flood Control Phase III and the ongoing dredging project are interventions to mention a few.
Anent the observation of Councilor Alfie Fernandez under recommendation no. 5 requiring TWG during the committee meeting, it is respectfully argued that the mere presence of the chief of office of the City Planning and Development Coordinator, Engineer Rosario is sufficient. The representation and discussions of Engineer Rosario has been comprehensive and backed up by Resolution No. 01, series of 2015, endorsing to the Sangguniang Panlungsod its approval, along with the Zoning Ordinance.
ON ITEM NO. 5 – TECHNICAL WORKING GROUP
- The presence of TWG is negated by the presence and review by the RLUC, the panel that reviewed the CLUP which is composed of technical experts.
Engr. Romeo Rosario, City Planning and Development Coordinator, himself appeared no less than the 5 times to justify its approval, and his;
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AS TO ITEM NO. 7 – REQUIREMENT EMBODIED IN MEMORANDUM CIRCULAR NO. 54
- Anent the requirement of Memorandum Circular No. 54 as discussed in the report of Councilor Alfie Fernandez, the undersigned members of the Joint Committee believes that it is not required as of the moment.
The Sanggunian is not called by RLUC at this time to reclassify agricultural lands. The City Council is being asked merely to approve the CLUP and the Zoning Ordinance which takes precedence prior to reclassification of lands pursuant to Rule 7, of the Implementing Rules and Regulations of the Local Government Code.
No less than the city legal office has been interpellated by the committee where he bluntly stated that the legal requirements have been complied with.
Anent the observation of Councilor Alfie Fernandez that MC No. 54 must first be complied with before the passage of the CLUP and the Zoning Ordinance, it is respectfully submitted that said observations is misplaced.
RLUC Resolution No. 1, s. 2015 favorably endorsing the Revised Comprehensive Land Use Plan of Dagupan City for 2015-2025 calls upon the Sanggunian to approve the CLUP. As of this time, the SP is not asked to reclassify agricultural lands. The City Council is asked merely to approve the CLUP and the zoning ordinance which must take precedence prior to any reclassification of lands pursuant to a reading of Rule 7 of the Implementing Rules and Regulation of the Local Government Code.
RECOMMENDATION
Spanning close to seven (7) months and after five (5) public hearings jointly conducted by the Committees on Land Utilization and the Committee on Laws, Ordinances and Judiciary, ALL OF WHICH WERE OPEN, DELIBERATE, FAIR, FREE AND EXHAUSTIVE DISCUSSIONS OF ISSUES AND CONCERNS, cognizant of the full impact of this document in the growth and development of the City of Dagupan, the consultation process was formally concluded with the participation of the broad spectrum of stakeholders from various sectors, and taking into account other all findings, position papers other documents relevant to the discussions.
The amount of time and the considerable efforts invested that went in conducting the public hearings were meant to –
(1) ASSURE ALL STAKEHOLDERS AND THE PEOPLE OF DAGUPAN CITY THAT THE COMMITTEE HAS DEVOTED
AND APPLIED ITSELF FAITHFULLY AND WELL TO A COMPLETE AND COMPREHENSIVE STUDY OF ALL INFORMATION,
(2) ENSURE THAT WE DO NOT LEAVE OUT DETAILS, AND
(3) THAT ANY DECISION ON THIS IMPORTANT DOCUMENT IS NOT DONE IN HASTE.
Indeed, Dagupan City only has a finite amount of available land and waters that could be utilized. The proposed CLUP highlights the optimum use of these finite land and water resources thru the proposed development projects of the city in the next ten years, as well as its newly identified growth areas like Lucao-Pantal tourism growth center, Poblacion growth center, Caranglaan-Tebeng growth center, and the Bonuan growth center.
Undeniably, Dagupan shall continue to remain as the premier city of Pangasinan and Region 1, and the proposed CLUP will further strengthen the city’s position and economic vibrancy by adopting a new spatial strategy that seeks to enable the other barangays to catch up with the traditional urban area in terms of level of development. This is done by grouping contiguous barangays into growth centers, and each growth center treated as a planned unit development (PUD) site which is a new concept in city planning. The growth centers shall become the focus of more intensive policy interventions and investments to serve initially as the focus of decentralized services. Over time, these growth centers will radiate growth impulses to far-flung communities within their respective areas of influence thereby spreading the benefits of growth more or less evenly across the territory.
During the previous administrations, some of these areas have gradually developed into commercial centers, albeit restricted, with the opening of new establishments and the influx of investors. From a cursory reading of the proposed CLUP and based on the discussions, it is seen that development shall be in full swing once it is approved, and there shall be a necessity for more access roads and public infrastructures.
The 1978 CLUP was the first attempt by the City Government to rationalize the allocation and use of its land resources and physical development. The inoperative 2003 CLUP is outmoded as it is because it tends to demarcate growth and development instead of serving as an effective tool in the city’s over-all socio-economic development.
The CLUP consists of three volumes of important documents namely: Land Use Planning, Zoning Ordinance and Sectoral Strategies. These will be submitted for the final review and ratification of the Housing Land Use Regulatory Board. More than a mere revision of its 1978 predecessor, this successor CLUP is reflective of the changing socio-economic and geophysical environment of Dagupan as well as addresses the challenges that such changes pose upon the future governance of the City.
It is worthy to note that the proposed CLUP has successfully hurdled the rigors of the tough review and ratification process by the Housing and Land Use Regulatory Board through the Regional Land Use Committee, with important inputs received from its esteemed membership from various regional agencies.
It bears weight to emphasize that the Regional Land Use Committee is among the stakeholders that has been consulted during the preparation of the proposed CLUP. The draft CLUP, with appropriate revisions according to public hearing, shall thereafter be submitted to the Sanggunian for approval.
The draft document has been returned by RLUC through an affirmative resolution dated May 15, 2015, favorably approving it in its entirety, with formal set of additional comments, findings, suggestions and other recommendations. All of these were now incorporated in the new Comprehensive Land Use Plan, copies of wich were transmitted to the Sangguniang Panlungsod last 09 September 2015.
In view thereof, the undersigned members of the joint Committees on Land Utilization and Laws, Ordinances and Judiciary UNANIMOUSLY RECOMMENDS THE ADOPTION OF THE COMPREHENSIVE LAND USE PLAN in its ENTIRETY, as well as the ZONING ORDINANCE, as it is made pursuant to the development thrust of the City of Dagupan and consistent with the national, regional, and city goals and policies affecting land use.
KARLOS LIBERATO E. REYNA IV
Vice Chairman
Committee on Land Utilization
JOSE NETU M. TAMAYO
Vice Chairman
Committee on Laws, Ordinances & Judiciary
MARVIN V. FABIA
Member
Committee on Land Utilization
JESLITO C. SEEN
Member
Committee on Laws, Ordinance & Judiciary
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