Spentate Offite of the Secretatp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 OCT -1 P4:13 SENATE RECFIVED EM S. No. _ 1434 Introduced by Senator Francis G. Escudero AN ACT STRENGTHENING THE MECHANISM FOR LAND USE DEVELOPMENT AND INFRASTRUCTURE PLANNING AND BUDGETING FOR STATE UNIVERSITIES AND COLLEGES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11396, OTHERWISE KNOWN AS THE "SUCS LAND USE DEVELOPMENT AND INFRASTRUCTURE PLAN (LUDIP) ACT" EXPLANATORY NOTE The idea behind the establishment of an effective land use development and infrastructure plan is to enable State Universities and Colleges (SUCs) to utilize idle assets within the vicinity of their respective campuses, to ensure that there are adequate and appropriate facilities for both faculty and students. Two predicaments, however, affect the value and impact of the policy in the day-to-day affairs of the SUCs. On the one hand, the periodic review of LUDIP is not mandatory on the part of the governing board, and as such, the SUC can technically comply with any land use plan no matter how outdated or sound haphazard the same could be. One the other hand, the absence of an appropriation provision in the old law foments the apprehension that even the best LUDIP plan would not be adequately supported by government funding. This bill, taking cue from Senate Bill No. 251 jointly filed by Sens. Pia and Alan Peter Cayetano which was later approved on Third Reading by the Senate in the Nineteenth Congress, seeks to address this concern by amending Republic Act No. 11396 to mandate the incorporation of land use in medium term planning by both the SUCs and the national government. It also requires SUCs through their respective governing boards to include all infrastructure projects to be implemented within five years in their respective LUDIP and to review the latter every five (5) years. Additionally, it directs an interagency committee to monitor the implementation of such a plan, while empowering CHED to develop and submit to Congress a
comprehensive LUDIP for the country which shall be used as basis for appropriating funding to LUDIP-compliant SUCs. Ultimately, this bolsters the declared policy of the original law, which is to provide for a rational, holistic, efficient and just allocation, utilization, development and management of the country's land and water resources that is consistent with the principles of equity, social justice, environmental integrity and sustainable development for the common good. In view of the foregoing, the approval of this measure is earnestly sought. FRANCIS G. ESCUDERO
flite of the Coccretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) ) First Regular Session 25 OCT - 1 P4:13 SENATE RECENE: S S. No. _ 1434 Introduced by Senator Francis G. Escudero AN ACT STRENGTHENING THE MECHANISM FOR LAND USE DEVELOPMENT AND INFRASTRUCTURE PLANNING AND BUDGETING FOR STATE UNIVERSITIES AND COLLEGES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11396, OTHERWISE KNOWN AS THE "SUCS LAND USE DEVELOPMENT AND INFRASTRUCTURE PLAN (LUDIP) ACT" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assemble
Section 1. Section 3 of Republic Act No. 11396 is hereby amended to read as
2 follows: "Sec. 3. Preparation and Implementation of the LUDIP in SUCs. - All state universities and colleges (SUCs), through their governing boards, shall be required to prepare and implement a LUDIP designed to improve and optimally utilize their resources. All land use [or] AND PRIORITY infrastructure projects [of] TO BE IMPLEMENTED BY the SUCs [shall also be required to follow the LUDIP, which] WITHIN A PERIOD OF FIVE (5) YEARS SHALL BE INCLUDED IN THEIR RESPECTIVE LUDIP: PROVIDED, THAT THE LUDIP shall be linked with the land use plan and practice of the local government units HAVING TERRITORIAL JURISDICTION OVER THE SUC CONCERNED to ensure complementation of activities across geographical boundaries, AND TO GUARANTEE THE CONSERVATION AND RESTORATION OF BIODIVERSITY IN THE
LAND USE DEVELOPMENT AND INFRASTRUCTURE PLANS OF SUCs. "The LUDIP shall be submitted by the SUCs to the Commission on Higher Education (CHED) within two (2) years after the approval of this Act: Provided, That it shall be REVIEWED AND updated [periodically as the need arises] EVERY FIVE (5) YEARS BY THE GOVERNING BOARDS OF THE SUCSI: Provided, further, That the CHED shall be informed of changes made thereof: Provided, finally, That it should be reviewed by the governing board ten (10) years after its approval] to ensure that it remains relevant and in consonance with current conditions and realities. "The preparation and implementation of the LUDIP shall be made a requirement for the approval of infrastructure projects in SUCs. No new infrastructure project shall be approved and implemented in any SUC unless the LUDIP has been implemented and submitted to the CHED. THE IMPLEMENTATION OF LAND USE AND INFRASTRUCTURE PROJECTS OF THE SUCS SHALL BE MONITORED BY AN INTER-AGENCY COMMITTEE TO BE COMPOSED OF THE CHAIRPERSON OF THE CHED, AND THE SECRETARIES OF BUDGET AND MANAGEMENT; PUBLIC WORKS AND HIGHWAYS; AND ECONOMY, PLANNING AND DEVELOPMENT; OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES. "THE CHED SHALL INCLUDE THE LUDIP OF EACH SUC IN A FIVE (5)-YEAR COMPREHENSIVE LUDIP FOR ALL COMPLIANT SUCS WITHIN ONE (1) YEAR FROM THE RECEIPT THEREOF. THE COMPREHENSIVE LUDIP SHALL CONTAIN, AMONG OTHERS, A LISTING OF LAND USE AND INFRASTRUCTURE PROJECTS TO BE IMPLEMENTED BY THE SUCS AND THEIR RESPECTIVE FUNDING REQUIREMENTS. THE CHED SHALL SUBMIT THE COMPREHENSIVE LUDIP TO CONGRESS AND OTHER
GOVERNMENT AGENCIES CONCERNED TO GUIDE THE ALLOCATION OF FUNDS FOR THE LAND USE AND INFRASTRUCTURE PROJECTS OF THE SUCS ON AN ANNUAL BASIS."
Sec. 2. A new Section 7 shall be inserted after Section 6 of Republic Act
No. 11396 to read as follows: "SEC. 7. APPROPRIATIONS. - THE AMOUNT NECESSARY FOR THE IMPLEMENTATION OF THE LAND USE AND INFRASTRUCTURE PROJECTS INCLUDED IN THE COMPREHENSIVE LUDIP AS PROVIDED FOR IN SECTION 3 OF THIS ACT AND SHALL BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS OF THE CHED, EXCEPT HOUSING PROJECTS NOT FOR THE EXCLUSIVE USE OF ACTIVE AND REGULAR FACULTY OF THE RESPECTIVE LUCS AND SUCS."
Sec. 3. Section 6 of Republic Act No. 11396 is hereby renumbered as Section 7
and amended to read as follows: "Sec. 6. Assistance of Government Institutions. - The SUCs may seek assistance and cooperation from the [Housing and Land Use Regulatory Board (HLURB)] DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT, the University of the Philippines School of Urban and Regional Planning (UP-SURP), the Department of Public Works and Highways (DPWH), Land Management Bureau of the Department of Environment and Natural Resources (LMB- DENR) and other government offices or agencies in drawing up the LUDIP. For this purpose, all government departments, agencies, offices, and instrumentalities are hereby mandated to extend all possible assistance and cooperation to all SUCs in the preparation of their LUDIP."
Sec. 4. Section 7 of Republic Act No. 11396 is hereby renumbered as Section 8
and amended to read as follows:
"Sec. [7.] 8. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of this Act, the CHED, in coordination with the Philippine Association of State Universities and Colleges, DEPARTMENT OF BUDGET AND MANAGEMENT, DEPARTMENT OF ECONOMY, PLANNING AND DEVELOPMENT, DHSUD, DPWH, [HLURB,] LMB-DENR, and other relevant government agencies and stakeholders, shall formulate the necessary rules and regulations for the effective implementation of this Act."
Sec. 5. Separability Clause. - If any provision or part hereof is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.
Sec. 6. Repealing Clause. - All laws, acts, decrees, executive orders, issuances,
and rules and regulations or parts thereof which are contrary to and inconsistent with this Act are hereby repealed, amended or modified accordingly.
Sec. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general circulation. Approved,