Hidden EP Quiz No.10

Zoning is historically the most commonly used tool of LGUs (Local Government Units) in the Philippines to implement land use plans. Zoning refers to the process of dividing land into different zones or areas with specific regulations and restrictions on how the land can be used. This allows the government to control and regulate the use of land for different purposes such as residential, commercial, industrial, or agricultural. Zoning helps in promoting orderly and planned development, preventing conflicts between incompatible land uses, and ensuring the efficient use of resources.

The correct answer is provincial, city/municipal, barangay. This is because RA 7160 LGC, also known as the Local Government Code of 1991 in the Philippines, specifically describes and makes provisions for these administrative levels of government. The provincial level refers to the government at the provincial or state level, the city/municipal level refers to the government at the city or municipal level, and the barangay level refers to the government at the smallest administrative division in the Philippines.

Under RA 7160 Local Government Code Sec. 443, the position of "Municipal Architect" is optional. This means that it is not mandatory for a municipality to have a Municipal Architect. Therefore, the functions of a "Building Official" would be performed by another position within the municipality. Among the given options, the Municipal Engineer would be the most suitable candidate to discharge the functions of a Building Official. The Municipal Engineer is responsible for overseeing the construction and maintenance of public infrastructure, which aligns with the role of a Building Official in ensuring compliance with building codes and regulations.

The correct answer is "Temporary Environmental Protection Order." TEPO is a legal term used by the Supreme Court of the Republic of the Philippines to refer to a temporary order issued to protect the environment. This order is usually granted in cases where there is an imminent threat to the environment or where immediate action is necessary to prevent further damage. It is a temporary measure that aims to provide immediate relief while the court proceedings continue.

Under RA 7160 Local Government Code Sec. 443, the position of "Environment and Natural Resources Officer" is optional for a rural municipality. If a wealthy LGU decides to create this position, it would partially overlap with the current field position of the national government, specifically the DENR-CENRO. The DENR-CENRO is responsible for the management and conservation of natural resources at the local level. Therefore, the creation of the "Environment and Natural Resources Officer" position would result in a partial duplication of responsibilities with the DENR-CENRO.

The correct answer is the Chairperson of HUDCC. In the absence of a Department of Housing, the Chairperson of HUDCC takes on the responsibility of chairing the governing boards of government agencies that handle Land Use, Urban Planning, and Mass Shelter. This indicates that the HUDCC plays a significant role in overseeing these functions in the absence of a dedicated housing department.

The correct answer for this question is 'Regalian Doctrine'. This doctrine states that all natural resources, except agricultural lands, are owned by the State. It asserts the State's dominion and supremacy over these resources, emphasizing that they cannot be alienated or transferred to private individuals or entities. This principle is enshrined in the 1987 Constitution of the Philippines, specifically in Article XII, Section 2.

The role of Sangguniang Panlalawigan in the planning process is to review ordinances and resolutions approving municipal development plans. This means that they are responsible for assessing and evaluating the proposed plans and ensuring that they align with the overall development goals of the municipality. They play a crucial role in ensuring that the plans are feasible, effective, and in line with the needs and aspirations of the community.

Under RA 7160 Local Government Code Sec. 443d, the municipal budget officer is appointed by the Municipal Mayor. This appointment is subject to the Civil Service law and professional standards. The Municipal Mayor has the authority to select and appoint individuals for this position based on their qualifications and adherence to the relevant laws and standards.

The correct answer describes the different types of positions and employment in a Local Government Unit as per RA 7160 LGC. It includes elective offices, which are positions that are filled through an election process. Appointive offices are positions that are filled through appointment by higher authorities. Rank and file positions refer to career service and temporary/casual employment, which are positions that are not covered by civil service eligibility requirements. This answer accurately reflects the categorization of positions and employment in a Local Government Unit according to the mentioned law.

A parcel is a contiguous land area that is legally recorded as a single piece and subject to single ownership. It is a defined and distinct piece of land that can be bought, sold, or developed independently. Unlike a plot or tract, a parcel is considered a unit and is often used as a legal term in real estate transactions.

Negligence refers to one's action or lack thereof amounting to a "breach of duty to care" that results in material damage to others. It is a legal term that describes the failure to exercise the level of care and caution that a reasonable person would in similar circumstances. This lack of care can lead to harm or injury to others, and the concept of negligence arises when harm is foreseeable if due care is not taken. Therefore, negligence is the correct answer in the context of international environmental law.

Under RA 7160 Local Government Code Section 236, a province, city, or municipality in Metropolitan Manila Area has the authority to impose an annual tax on idle lands. This tax is calculated based on a percentage of the assessed value of the property. The correct answer is 5% because it states that the rate should not exceed this percentage. This means that the tax on idle lands cannot be higher than 5% of the assessed value of the property.

The correct answer is 10 years because it is the shorter timeframe option mentioned in the question to cover maximum three terms of locally elected officials. This suggests that the City/Town land use plan should be aligned with the terms of the elected officials, which typically last around 10 years. By adopting a 10-year timeframe, the plan can ensure that it remains relevant and can be updated regularly to reflect the changing needs and priorities of the local government and community.

Under RA 7160 LGC, only the Municipal Accountant among the listed incumbents may be allowed to practice his/her primary profession while in public office. This is because the law allows local government officials and employees to engage in the practice of their profession, subject to certain conditions and limitations. However, this privilege is not extended to the Local Chief Executive, Congressman/Representative, or Vice-Governor.

The President of the Philippines is the correct answer because the question states that the NEDA Board serves as the National Development Council and is headed by someone. Since the NEDA Board is the highest policy-making body for economic and social development in the Philippines, it makes sense that the head of this board would be the President of the country.

The correct answer is "writ of kalikasan." According to the Supreme Court Rules of Procedure for Environmental Cases 2010, the writ of kalikasan is a remedy available to individuals or groups whose constitutional right to a balanced and healthful ecology is violated or threatened by an unlawful act or omission involving environmental damage. It specifically applies to cases where the environmental damage is of such magnitude that it affects the life, health, or property of inhabitants in two or more cities or provinces. The writ of kalikasan is a legal tool that aims to protect and preserve the environment.

A Special Power of Attorney is not an instrument to prove private property rights over land. A Special Power of Attorney is a legal document that allows an individual to appoint someone else to act on their behalf in specific matters. It does not establish or prove ownership of land. On the other hand, instruments like Certificate of Title, CLOA (Certificate of Land Ownership Award), Free Patent, and Tax Declaration are commonly used to demonstrate private property rights over land.

Under RA 7160 Local Government Code Sec. 443d, the appointment of the municipal treasurer is subject to the Civil Service law and professional standards. This means that the appointment process must adhere to the regulations and guidelines set by the Civil Service Commission. The Department of Finance Secretary is responsible for appointing the municipal treasurer, ensuring that the appointment is in line with the Civil Service law and professional standards. The Local Sanggunian, Provincial Governor, and Municipal Mayor do not have the authority to make this appointment.

Under PD 933, Executive Order 90, and EO 648, the Housing and Land Use Regulatory Board is the independent agency responsible for implementing the laws, policies, rules, and regulations of the government in optimizing the use of land as a resource. This agency is tasked with regulating and overseeing land use planning, zoning, and development, as well as ensuring the rational and sustainable use of land for housing and other purposes.

RA 7160 Sec.16 - Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

The correct answer is "all of the choices" because all of the given statements accurately describe the practical implications of the distribution scheme for Internal Revenue Allotment (IRA) to municipalities. The first statement suggests that urbanization in already-populous towns is reinforced with larger IRA allotments, indicating that more funds are allocated to towns with higher populations. The second statement implies that there is an ambivalent signal for towns to control population growth and succeed in family planning, as the distribution formula does not directly incentivize population control. The third statement states that the allocation does not consider factors such as poverty incidence or median family income, indicating that the distribution scheme does not take into account the actual needs of municipalities. Therefore, all of these statements accurately describe the practical implications of the IRA distribution scheme.

The correct answer is "Grazing land with thick grasses used for pasture of 100 heads of cattle". This is because the other options mention land that is either bare and uncultivated, unutilized and unimproved upon, or without ongoing breeding or training activities. In contrast, grazing land with thick grasses used for pasture of 100 heads of cattle implies that the land is being utilized for a specific purpose, which does not align with the definition of idle land.

In the language of the Philippine Constitution 1987, 'agricultural land' is synonymous with "alienable and disposable." This means that agricultural land can be transferred or sold to another person and can be used for purposes other than agriculture, such as for residential or commercial purposes. The term "alienable" refers to the land being capable of being transferred or sold, while "disposable" means that it can be used for other purposes aside from agriculture.

Under RA 7160 Sec 16.- General Welfare Goals (Please Read)

Tenure is the correct answer because it refers to the legal concept of holding a property by reference to a superior entity, such as the State. It is a form of ownership or possession that is granted or recognized by a higher authority, giving the holder certain rights and responsibilities over the property. Tenure can be applied to various types of properties, including land, buildings, or even employment contracts.

The Executive Legislative Agenda is a document that outlines the common vision and priorities of elected officials for their term of office. It serves as a guide for both the executive and legislative branches to work together towards achieving their shared goals. This helps to ensure that there is a unified approach in governance and promotes cooperation between the two branches.

The correct answer is the Polluter Pays Principle. This principle states that the burden of proof lies with the developer to demonstrate that a technology, practice, or product is clean and safe, and that the producer is responsible for any environmental damage caused by such technology. This principle holds polluters accountable for the negative externalities they create and promotes the idea that they should bear the costs of preventing or mitigating environmental harm.

RA 7160 Sec. 235 allows LGUs to capture part of the private gains from the "value added" by regular public spending on roads, infrastructure, and utilities. This is done by instituting a special levy at one percent of the assessed value of real property. The revenues generated from this levy are then funneled to the local treasury. One of the funds that these revenues are allocated to is the Special Education Fund. Therefore, the correct answer is Special Education Fund.

According to RA 7160, 25% of the composition of Local Development Councils is allocated to NGOs/POs.

The correct answer is forestland, agricultural land, mineral land, and national parks. This classification is based on the Philippine Constitution Article XII Sec. 3, which categorizes land of public domain into these four specific categories. Forestland refers to areas covered by forests, agricultural land is used for farming and cultivation, mineral land contains valuable minerals and resources, and national parks are designated for conservation and recreational purposes.

As per infopack Questionaire No.535 was Sec. 451
Correction: RA 7160 Sec. 461

The correct answer is the precautionary principle. According to the Supreme Court Rules of Procedure for Environmental Cases 2010, this principle states that when there is a possibility of serious and irreversible damage to the environment due to human activities, even if the scientific evidence is uncertain, actions should be taken to prevent or reduce that threat. This principle emphasizes the importance of taking preventive measures to protect the environment, even in the absence of complete scientific certainty.

The Regional Land Use Code is not a component of the multi-sectoral Regional Development Plan. The Regional Development Plan focuses on various aspects such as regional economic production, regional infrastructure development, environmental protection, conservation, and management, and regional settlements plan. The Regional Land Use Code, on the other hand, is a separate policy or regulation that governs land use and zoning within a region, but it is not directly included in the Regional Development Plan.

"Financial Analysis" focuses on the financial performance of a company and uses fair market prices, which reflect the actual market value of assets and liabilities. On the other hand, "Economic Analysis" examines the overall economic impact and uses shadow prices, which are hypothetical prices that represent the value of resources in an economy. Shadow prices are used to account for externalities and other factors that are not reflected in market prices. Therefore, the correct answer is shadow prices.

The given answer is not a declared goal of physical planning under MTPDP 2004-2010 chapter 3 on ENR. This is because the other options mention specific goals related to land classification, land titling, and land distribution, while this option focuses on improving access to markets and alleviating poverty through efficient transport and trade.

The enforcement of uniform urban design for all component municipalities is not a specific responsibility of the Provincial Government. The other options mention specific responsibilities that the Provincial Government is responsible for, such as conservation of public lands, preparation of development programs, and adjudication of conflicts arising from local zoning ordinances. However, the enforcement of uniform urban design falls under the jurisdiction of local municipalities themselves.

The Housing and Urban Development Coordinating Council is responsible for determining participation and coordinating activities of key housing agencies in the national housing program, monitoring, reviewing, and evaluating the effective exercise of government housing agencies' assigned functions, assisting in the maximum participation of the private sector in housing and urban development, and recommending new legislation and amendments to existing laws. However, it is not responsible for being the custodian and keeper of all resources of the government related to housing and urban development.

The function of acting as an appellate body in case of conflicting decisions and actions arising from the exercise of the physical planning functions of the regional and/or local planning agencies is considered 'quasi-judicial' or 'adjudicative' because it involves making decisions and resolving disputes in a manner similar to a court or judge. This function requires the agency to review and evaluate the decisions and actions of other planning agencies, and make a final determination on the matter. It requires the application of legal principles and the consideration of evidence and arguments from both parties involved.

The National Economic and Development Authority is responsible for various functions related to economic development and planning. These include the proper allocation of expenditures for development activities, evaluating the financial implications of national projects, advising the President on social development matters, and recommending policies consistent with national development objectives. However, privatization and public accountability of government-owned corporations and assets is not listed as one of its functions.

In Economics - Externalities is a consequence of an industrial or commercial activity which affects other parties without this being reflected in market prices

The correct answer is 50 sq km. According to RA 7160 Sec.441, a municipality should have a population of at least 25,000, income of at least 2.5 million based on 1991 constant prices, and a minimum territory of 50 sq km. This means that for a municipality to be recognized as such, it must have a land area of at least 50 sq km in addition to meeting the population and income requirements.

A sensible time-frame for a multi-sectoral Regional Development Plan would be 5 years in order to be compatible with the National Development Plan. This allows for a reasonable amount of time to implement and achieve the goals and objectives of the plan, while also ensuring that it aligns with the medium-term time-frame of the National Development Plan. A shorter time-frame may not provide enough time for effective implementation, while a longer time-frame may result in misalignment and difficulties in coordinating efforts between the national and regional levels.

EO 127 Reorganizing the Ministry of Finance
Section 5 Power and Functions (Pakibasa na lang)

Under RA 7160 Sec. 241, a Local Sanggunian may impose a "special benefit levy" on real properties that directly benefit from an LGU's special investment on a section of town. The rate of levy is not uniform but varies in a calibrated manner according to the degree of benefit that a property derives from physical improvement. This special levy lasts for a period of five to ten years, as stated in the answer.

The Regional Development Council does not, in most cases, correspond to an actual level of elected government within the NEDA organization. This means that the Regional Development Council is not directly elected by the people and does not represent a specific level of government such as the provincial or municipal level. Instead, it is a council that is formed to coordinate and plan regional development initiatives and policies, bringing together various stakeholders from different levels of government and sectors.

The first element of the Project Planning Cycle is problem analysis/needs assessment. This involves identifying and analyzing the problem or need that the project aims to address. It includes conducting research, gathering data, and understanding the root causes of the problem. This step is crucial as it lays the foundation for the rest of the project planning process, helping to define goals, objectives, and strategies for addressing the identified problem or need.

Opportunity costs refer to the value of potential output that is lost when resources are not utilized in their best alternative use. It represents the benefits that could have been gained by choosing an alternative option. Opportunity costs are important in decision-making as they help in assessing the trade-offs involved in choosing one option over another.

Project screening is the part of the Project Cycle that seeks to determine whether an in-depth environmental study is needed. During project screening, potential projects are evaluated to identify their feasibility and potential impacts on the environment. This evaluation helps in deciding whether a detailed environmental study is required before proceeding with the project.

RA 7160 Sec. 271 Distribution of Proceeds ( accuring to the general funds)