Republic of the  Philippines
HOUSE OF REPRESENTATIVES
Quezon City,  Metro Manila
Nineteenth Congress
First Regular Session
House Bill No. 51 /. 9
Introduced by: Rep. Margarita lgnacia a. Nograles
Explanatory Note
One of the most notable agendas that were tackled  in the last State of
the   Nation   Address   was   the   need   for   a   National   Land   Use   Plan   and
Management Act.
The purpose of the  National  Land  Use  Plan  is to determine the level of
our   nation's   development   and    how   land    resources   are    being    utilized.
Nowadays,   with   the   current   build,   build,   build   programs   of   the   national
government, we're able to see the High-rise infrastructure booming in our urban
areas, local land developments, and other land-related enhancements. Most of
the land is overused or other land is underutilized due to a lack of National Land
Use   Plan   and   Management.   This   results   in   overcrowded    urban   cities,
congested  highways,  poor employment,  land  and water pollution,  lack of food
supplies,   simple   diseases   that   can   be   easily   transferred,   and   poor   land
developments.  Without the National  Land  Use Plan  and  Management Act we
might face a new set of problems and be unable to move forward with the crisis
that we are facing now.
Therefore,  crafting  a  National  Land  Use  and  Management Act  in  the
Philippines will resolve the issues that our nation is facing at the moment. This
act will  promote the  principle  of sustainable  and just  management as well  as
the utilization of natural  resources. We will also see a clear delineation  of land
use  categories,  protection  of  prime  agricultural  lands  for  food  security  and
sufficiency,  integration  and  institutionalization  of people's  participation  in  land
use  planning  while  applying  the  combined  bottom  up-top  bottom  approach  in
landing use planning, the National Physical Framework plan which shall define
the  national  strategy  and  objective  of  the  country's  urban,  rural,  &  regional
development,   creation   of  the   National   Spatial   Database   Information   and
Mapping  Inter-Agency  Support  System,  and  lastly,  a  final  determination  and
ground delineation of the country's permanent forest line and completion of the
Geo-Hazard Mapping   Program to effectively provide adequate and up-to-date
information necessary for land use planning.
For Four Consecutive Congresses,  the  House  of Representatives  had
sent to the Philippine Senate its perfected version of a National Land Use Law,
and  on  different  occasions,  the  bill  still  failed  to  be  enacted.  Hence  with  the


current situation of tackling growing issues, a crisis with the growing population,
and  other political  storms,  this  bill will  be vital  to  resolve  these  issues we  are
facing as a nation and should be considered for approval.
CONGW. ATTY. MAR
8. NOGRALES


Republic of the  Philippines
HOUSE OF REPRESENTATIVES
Quezon City,  Metro Manila
Nineteenth Congress
First Regular Session
HOuseBiilNO.5Lm
Introduced by: Rep. Margarita lgnacia a. Nograles
AN ACT
INSTITUTING A NATIONAL LAND USE AND MANAGEMENT
POLICY,  PROVIDING THE llvIPLEMENTING MECHANISM, AND
APPROPRIATING FUNDS THEREFOR
Be enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:
SECTION 1. Title. -This Act shall be known and cited as the "Ivafi.ona/ Land
use and Management Act of the Philippines."
SECTION 2.  Declaration of Policies and Principles. I-lt is the policy of the State
to:
a.)        Provide  for  a  rational,  holistic  and  just  allocation,  utilization,
management,   and   development  of  the  country's  land   and  water
resources so that their use is consistent with the principles of equity,
social justice,  environmental  integrity  and  sustainable  development
for the common good;
b.)        Hold  owners and  user of land  responsible for developing  and
conserving    their    lands    thereby    making    these    productive    and
supportive of sustainable development and environmental stability in
accordance  with  the  principle  that  the  use  of  land  bears  a  social
function and that all economic agents shall contribute to the common
good.


C.)        Treat     groups     of     islands,     including     parts     of     islands,
interconnecting  waters   and   other  natural   features  which   are   so
closely  interrelated,  as  forming  an  intrinsic  geographjcal,  economic
and political entity,  or which  historically have been regarded as such
entity;
d.)       Strengthen the capacity of the local government units (LGU's)
to  manage  and  maintain  ecological  balance  within  their  territorial
jurisdiction,     in     partnership    with     the     national     government    in
accordance with the  Philippine constitution and  republic Act 7160 or
the local Government Code or 1991.
Toward this end, the state shall institutionalize land use and physical
planning    as    mechanism    for    identifying,    determining    and    evaluating
appropriate land use and allocation patterns that promote and ensure.
1)   Maintenance    and    preservation    of   environmental    integrity    and
stability;
2)   Sustainable    and    just    management    and    utilization    of    natural
resources;
3)    Disaster risk reduction and climate risk-based  planning;:
4)    Protection of prime agricultural lands for food security with emphasis
on   self-sufficiency  through   efficient  and   sustainable   use   of  land
resources   consistent   with   the   principles   of   sound    agricultural
development, natural resources development and agrarian reform;
5)    protection   and   conservation   of   the   country's   natural   heritage,
permanent forest lands,  natural forests,  critical watersheds and  key
biodiversity   areas  to  ensure   adequate  forest  Cover  to   maintain
ecological processes in the country;


6)    Sustainable development and management of water resources;
7)     Settlements, transportation and other infrastructure development in
support    of    inclusive    growth    and    rural,    urban    and    regional
development;
8)    Improved  access  to  affordable  housing  by  increasing  the  supply
thereof  through  direct  allocation  better  access  to  unutilized  lands,
and increased production of multiple use and higher density projects
where appropriate;
9)    Respect  for  and  protection  of the  traditional  resource  right  of the
Indigenous  Cultural  communities/indigenous  peoples  (lccs/lps)  to
their  ancestral  domains;  compliance  with  free  and  prior  informed
consent   of   ICCs/lps   and    recognition   of   customary   laws   and
traditional resource use and management,  knowledge and practices
in ancestral domains;
10)   Equitable access to land through State intervention that guarantees
its affordability to the Basic disadvantaged sectors defined under RA
8425 or the Social Reform and  Poverty Alleviation Act Sectors;
11 )  Energy security or the energy self-sufficiency;
12)  Preservation and conservation of parks and protected areas to keep
the  scenery,  the  natural  and  historic objects,  and  the  biodiversity  in
their   natural   state   and   prevent   them   from   being   damaged   for
purposes of public recreational use and enjoyment;  and,
13)  Meaningful participation of the basic sectors.
See.  3.  Scope  this  Act  shall  apply  to  all  lands  and  all  resources  therein,
Whether public,  private,  government-owned,  and/or in  the  possession  of any
person, whether natural or judicial.


and shall guide the rational,  holistic and just allocation,  utilization, development
and  management  of the  country's  land  and  water  resources  Impact  on  said
resources.
Sec. 4.  Definition of Terms as used in this Act:
a)  Agricultural  Land  refers  to  the  sub-class  of  classified  agricultural
lands  devoted  to  or  suitable  for  the  cultivation  of the  soil,  planting  of
crops, growing of trees,  raising of livestock,  poultry, fish or aqua-culture
production,  including  the  harvesting  of  such  farm  products  and  other
farm activities and practices performed in conjunction with such farming
operations,  by persons whether natural  or judicial  and  not classified  as
residential  land,  commercial land or industrial  land;
b) Agricultural Land Use Conversion refers to the undertaking of any
development activity which modifies or alters the physical characteristics
of agricultural lands to render them suitable for non-agricultural purposes
under  an   approved   order  of  conversion   issued   by   the   appropriate
government agency;
c) Alienable and  Disposable  Lands of the Public  Domain (refer to
lands of the public) Domain which have been delineated, classified and
certified as such and available for Disposition under Commonwealth Act
No.141,  otherwise known as the Public Land act as Amended;
d)   Ancestral   Domains   refers   to   all   areas   generally   belonging   to
indigenous   cultural   communities/   indigenous   peoples   as   defined   in
Republic Act (R.A) no. 8371  otherwise known as the Indigenous Peoples
Rights Act (lpRA) of 1997;
e) Ancestral Domain Sustainable Development and Protection Plan
(ADSDPP) refers to a plan formulated and pursued  in accordance with
the rights of lccs/lps to manage and develop the land as well as natural
and  human  resources  within  their  ancestral  domains  based  on  their


indigenous  knowledge  systems  and  practices  on  the  principle  of self-
determination;
f)   Classified   Agricultural    Land    refers   to   one   of   the   four   (4)
classifications  of  land  under  the  Constitution  not  classified  by  law  as
mineral land, forest land or national park and the only land classification
subject to alienation;
g)  Coastal Area/Zone refers to a band of dry land and adjacent ocean
space  (water and  submerged  land)  in  which  terrestrial  processes  and
uses  directly  affect  oceanic  processes  and  uses  and  vice  versa.  Its
geographic extent may  include  areas within a  landward  limit of one  (1)
kilometer from the shoreline at high tide to  include  mangrove swamps,
brackish  water  ponds,  nipa  swamps,  estuarine  rivers,  sandy  beaches
and  other areas within  the  seaward  limit of two  hundred  (200)  meters
isobaths to include coral reefs, algae flats, seagrass beds and other soft-
bottom areas;
h)    Comprehensive  Land  Use  plan  (CLUP)  refers  to  a  document
embodying   a   set   of   policies   accompanied   by   maps   and   similar
illustrations that serve as a policy guide for determining the future use of
lands and  natural  resources within the territorial jurisdiction of the LGUs
it  represents  the  community-desired  pattern  of  population  distribution
and proposes future allocation of land and resources to various activities.
It includes the processes and criteria employed in such determination of
allocation  of land  resources.  It is  a  plan  for long- term  management of
the   local  territory   covering   a   period   of  minimum   of  ten   (10)   years,
reviewable  not  earlier than  every  five  (5)  years  based  on  the  four  (4)
categories of land use planning provided in Section 6 of this Act;
i)   Comprehensive Land Use planning refers to the act of defining the
allocation,  utilization, development, and management of all  lands within
given territory or jurisdiction according to the inherent characteristics of
the  land  itself  and  supportive  of  sustainable,  economic  demographic,


socio-cultural and environmental objectives as an aid to decision-making
and  legislation;
j)    Critical  Watershed  refers  to  watersheds  or forestlands  that  have
been   identified   and   evaluated   to   provide   critical   and   vital   natural,
ecological,   environmental   and   physical   beneficial   services   such   as
water, biodiversity energy, irrigation, social and cultural among others to
a specific area or community and whose biophysical condition demands
immediate rehabilitation,  protection and  management to prevent further
denudation, deterioration and exploitation;
k) Cultural Heritage refers to the totality of cultural properties, whether
natural  or  human-made,  preserved  and  developed  through  time,  and
passed on for posterity;
I)  Customary  Laws  refers  to  a  body  of written  and/or unwritten  rules
usages,  customs and  practices traditionally and  continually  recognized
accepted and observed by respective ICCs/lps consistent with the lpRA;
in)   Danger Zones refer to areas with a high level of threat to the lives
and  well-being  of people  that cannot  be  addressed  through  scientific,
physical  and  engineering  methods  and  are  therefore  not  suitable  for
settlement  and  permanent  structures.  Areas  can  only  be  declared  as
Danger  Zones  after  proper  technical  studies  and  public  consultations
with affected families are conducted;
n)  Development Plan  refers  to  a  document that defines  the  activities
and measures that the national government or LGUs intend to implement
over  a  specified  period  of time  in  order to  achieve  the  defined  set  of
development goals identified in the national or local physical framework
plans.  It integrates socio-economic, financial, fiscal,  legal and legislative
institutional  and  sectoral  plans of the  national  government or any of its
instrumentalities   or  a   particular   LGU   consistent  with   the   objectives
identified in spatial plans such as land  use plans or physical framework


plans.  It may include an analysis of problems and  resources.  Definition
of    goals    and    objectives,     policy    guidelines,     project    and    target
achievements  and  an  implementation  mechanism  which  defines  the
roles   and   contributions   expected   from   the  government  and   private
sector;
o)   Disaster-prone   Areas   or   Geo-Hazard   Areas   refer   to   areas
frequented   by   and/or   vulnerable   to   experience   weather,   climatic,
hydrologic, geologic and other natural disturbances or calamities;
p)  Disaster  Risk  Reduction  refers  to  the  concept  and  practice  of
reducing   disaster   risks   through   systematic   efforts   to   analyze   and
manage the factors of disasters, including reduced exposure to hazards,
lessened vulnerability of people and property wise management of land
and the environment and improved preparedness for adverse events;
q) Ecologically-fragile  Lands refer to lands within critical watersheds,
brackish   and   freshwater  wetlands,   pasture  lands,   inland   rivers  and
waterways  coastal  and  settlement areas,  and  croplands which  require
rehabilitation,  protection and whose continued unsustainable use would
result in physical risks and threats to life and property,  public health and
safety, as well as adversely affect the productivity of lowland agricultural
areas and stability of the upland system;
r)  Ecotourism  refers to  a form  of sustainable tourism  within  a  natural
and/or cultural  heritage area where community participation,  protection
and    management    of   natural    resources,    culture    and    indigenous
knowledge  and  practices,  environmental  education  and  ethics,  as well
as  economic  benefits  are  fostered  and  pursued  for the  enrichment  of
host community and satisfaction of visitors;
s)  Energy  Resources  refer to  surface  or subsurface substances that
serve  as  energy  sources.  These  are traditionally  mineral  fuel  deposits
such  as  coal,   petroleum,   natural  gas  or  renewable  resources  from


geothermal,   hydro   reservoirs  or  non-conventional   sources   including
ocean  waves,  solar wind,  biomass,  and  other similar  resources which
serve the same purpose;
t) Energy Resource Lands refers to lands where naturally occurring or
indigenous energy resources exist in sufficient quantity and/or quality as
to   be   economically  viable   for  exploration,   development,   production,
utilization and distribution purposes;
u) Environmentally Critical Areas refer to areas declared by law as
(i) areas for natural parks, watershed  reserves, wildlife preserves,  and
sanctuaries, (ii) areas set aside for aesthetic and visual value, (iii) areas
that constitute the habitat for any endangered or threatened  species of
indigenous  Philippine wildlife  both  flora  and  fauna,  (iv)  areas  of unique
historic,    archaeological,    or   scientific    interest,    (v)    areas    that   are
traditionally  occupied  by  lccs/lps,  (vi)  areas  with  critical  slopes:  (vii)
areas frequented  and/or hard  hit by natural  calamities such  as but not
limited to geologic hazards, floods, typhoons and volcanic activities, (viii)
recharge  areas  of  aquifers,  (ix)  mangrove  areas,  (x)  coral  reefs,  (xi)
mossy and virgin forests,  (xii)  rivers and  riverbanks,  (xiii)  swamp forest
and  marshlands,  (xiv) foreshore lands,(xv)  protected areas pursuant to
Republic  Act  no.  7586  or the  NIPAS  act  of  1992:  and  (xvi)  areas  set
aside  as  aesthetic  potential  tourist  spots.  This  term  shall  also  Include
other terrestrial,  aquatic and  marine areas that need  special  protection
and conservation measures because they are ecologically fragile or they
are needed for food security and food self-sufficiency as determined by
concerned   agencies   and   LGUs   in   consultation   with   the   concerned
stakeholders;
v) Exhausted Mineral Resources refer to a situation where the mineral
resources  in  specific sites are  no  longer in  sufficient quantity or quality
to justify additional expenditure for extraction or utilization;


w)  Food  plain  refers to the portion of a  river valley adjacent to a  river
channel which is covered with water when the river overflows its banks
at flood stages, and which usually consists of salt deposited by stream;
x) Flood-prone Areas refer to a low-lying area usually adjacent to large
or   active   water   bodies   and   which   therefore   experience   regular   or
seasonal  inundation  as  a  result of changes  in the mean water level  of
these   bodies   or   because   of   land   reclamation   and   other   artificial
interference with the natural processes;
y)   Food   Security   refers   to   the   policy   objective   of   meeting   the
requirements    for    food     availability,     accessibility    and     affordability
requirements  of  the  present  and  future  generations  of  Filipinos  in  a
sustainable manner,  through local  production or importation in cases of
shortage based on a micro level situation, or both and taking into account
the  country's  existing  and  potential  resource  endowments  and  related
production    advantages    and    consistent   with    the    overall    national
development objectives and policies;
z)  Food  Self-sufficiency  refers  to  the  policy  objective  of meeting  the
food    requirements   through    intensive    local    food    production    in    a
sustainable manner based on the country's existing   potential resources
and related production advantages;
aa) Foreshore Land refers to a string of land margining a body of water,
the part of a seashore between the low-water line usually at the seaward
margin of a low tide terrace and the upper limit of wave wash at high tide
often marked by a beach scarp or berm;
bb)  Forest  refers  to  an  ecosystem  or an  assemblage  of ecosystems
dominated by trees and other woody vegetation; a community of plants
and animals interacting with one another and its physical environment;


cc) Forest Lands  refer to one of the four classifications of land  under
the constitution under the public domain classified and/or determined as
suitable for forest purposes not classified  as mineral  land  national  park
and   classified  agricultural   land.   These   include  all   permanent  forest,
forest  reserves,  forest  reservations,  and  all  the  remaining  unclassified
lands of the public domain;
dd)  Forest  Land  Use  Plan  (FLUP)  refers  to  the  allocation  of forest
lands  into  their  appropriate  uses  consistent  with  existing  biophysical
conditions   such   as   topography,   soil   type,   land   use,   climate,   water
sources and socioeconomic,  cultural and  political  realities.   Forest land
use  planning  should  be  able  to  delineate  protection  and  production
forests;
ee)    Forest   Land    Sub-classification    refers   to   the    process    of
determining  the  most appropriate  and  sustainab[e  use  of forest  lands
primarily as protection forest and production forest. They may be further
sub-classified   as  grazing/pasture  land,   recreational  areas  and  other
uses taking into account ecological, social and economic considerations;
ff) Free, Prior and informed Consent (FPIC) refers to the consensus
of all members of the lccs/lps to be determined in accordance with their
respective   customary   laws   and   practices,   free   from   any   external
manipulation,    interference    and    coercion,    and    obtained    after   fully
disclosing the intent and scope of the activity, in a language and process
understandable to the community;
gg)   Geo-hazards   refer   to   nature   and   human-induced   geological
processes  that  have  potential  to  cause  destruction  and  which  pose  a
threat or risk to a  person's life and  property. These may include but are
not limited to ground water and weather-related conditions, volcanic and
earthquake  induced  hazards  such  as  ground  shaking  ground  rupture
earthquake-induced landslides,  liquefaction and tsunami;


hh)     Indigenous     Cultural     Communities/Indigenous     Peoples
(Ices/lps) refer to groups of people or homogenous societies identified
by self-ascription and ascription by others, who have continuously lived
as organized community on communally bounded and defined territory,
and   who   have,   under  claims  of  ownership  since  time   immemorial,
occupied,   possessed   and   utilized   such   territories,   sharing   common
bonds  of  language,   customs,  traditions  and  other  distinctive  cultural
traits,  or who  have,  through  resistance  to  political,  social  and  cultural
inroads of colonization,  non-indigenous religions and cultures,  became
historically  differentiated  from  the  majority  of  Filipinos  lccs/lps  shall
likewise include peoples who are regarded as indigenous on account of
their  descent from  the  populations  which  inhabited  the  country  at the
time  of  conquest  or  colonization,   or  at  the  time  of  inroads  of  non-
indigenous religions and cultures, or the establishment of present State
boundaries, who retain some or all of their own social, economic, cultural
and  political  institutions,  but who  may  have  been  displaced  from  their
traditional  domains,  or who  may  have  resettled  outside  their ancestral
domains;
ii)    Inland  Waters  refer to  waters,  which  are  not  coastal  and  marine
waters,  and  not  subject to  acquisitive  prescription  consistent with  the
provisions  of  Presidential  Decree  No.1067  or the  Water  Code  of the
Philippines;
jj) Integrated Watershed Management refers to a planning strategy or
program  for watershed  areas  that  complement environmentally-sound
soil  and  water  management  practices  with  mechanisms  for  ensuring
greater    responsibility,    involvement,    or    participation    of   individuals,
groups, communities and other stakeholders benefiting from these areas
and water-related infrastructure;
kk) Key Biodiversity Areas (KBA) refer to present the most important
sites   for   biodiversity   conservation   worldwide.These   are   places   of
international   importance  for  the   conservation   of  biodiversity  through


protected areas and other governance mechanisms. They are identified
nationally  using  simple,  standard  criteria,  based  on  their importance  in
maintaining species populations;
11)  Land  refers  to  resources,  both  artificial  and  natural,  found  on  the
surface,  below,  and  above the  ground  including  inland  waters  and  the
air therein;
mm)  Land  Sub-classification  refers  to  the  act  of  determining  and
assigning specific uses of classified lands such as forest lands, classified
agricultural  lands,  mineral  lands and  national  parks  in  accordance with
existing laws and this Act;
nn)    Land    Use    refers    to    the    manner    of    allocation,    utilization,
management and development of land;
oo) Land Use Classification refers to the act of delineating or allocating
lands according to protection land use,  production land use settlements
development and  infrastructure  development as  defined  and  provided
for in this Act;
pp)    Mandatory    Public     Hearings/Consultations     refer    to    the
mechanism to ensure the  involvement of concerned  stakeholders  and
communities in land use planning from the barangay to the national level
to  ensure  the  social  acceptability  of the  plans  lt  should  involve  giving
notice   of   hearing/consultation   to    concerned    stakeholders   through
publication  or  posting  in  conspicuous  places,  conduct of a  reasonable
number of hearings, and solicitation of positions to arrive at a consensus.
Public  presentation  and  validation  of the  planning  results shall  also  be
undertaken before the final adoption of the plans;
qq) Marine Protected Area (MPA) refers to a defined area of the sea
established and  set aside by law,  administrative regulation or any other
effective  means in order to conserve and  protect a  part of or the entire


enclosed   environment,   through   the   establishment   of   management
guidelines  it  includes  all  declared  areas  governed  by  specific  rules  or
guidelines in order to protect and  manage activities within the enclosed
area;
rr)    Mineral    Exploration    refers   to   the    systematic   searching    or
prospecting for mineral resources including energy resources;
ss) Mineral Lands refer to lands of the public domain,  excluding those
in permanent forestlands and protection lands, where mineral resources
are  found  in  sufficient quantity  and  quality  for extraction,  development
and  utilization;
tt)   Ivlultiple   Use   of   Land   Resources   refer   to   the   utilization   or
management strategy for any  land  which  allows  any  activity,  involving
one or more of its resources, depending on the result of prior evaluation
on  its numerous beneficial  uses,  that will  produce the optimum  benefits
to the development and  progress of the country and the  public welfare
without impairment or with the least injury to its other resources;
uu) Municipal Waters refers to not only streams, lakes inland bodies of
water  and  tidal  waters  within  the  municipality  which  are  not  included
within  the  protected  areas  as  defined  under (Republic Act  No  7586  of
the  National  Integrated  Protected  Areas  System  or the  NIPAS  Act  of
1992 as amended), public forest, timber lands. forest reserves or fishery
reserves,  but also marine waters included  between two (2) lines drawn
perpendicular to the general coastline from  points where the  boundary
lines of the municipality touch the sea at low tide and a third line parallel
with  the  general  coastline  including  offshore  islands  and  fifteen  (15)
kilometers  from  such   coastline  where  the  territory  of  a   municipality
includes  several  islands.  the outermost  points  of such  islands  shall  be
used    as   base    points   and    connected    by   archipelagic   baselines,
irrespective  of the  lengths  of such  baselines from  the  main  coastlines.
Where two (2) municipalities are situated on opposite shores that there


is  less than  thirty  (30)  kilometers  of marine waters  between  them,  the
third  line  shall  be equally distant from the  opposite  shore of respective
municipalities;
w) National Integrated Protected Areas System (NIPAS) refers to the
classification  and  administration  of  all  designated  protected  areas  to
maintain  essential  ecological  processes  and  life-support  systems,  to
preserve genetic diversity, to ensure sustainable use of resources found
therein,  and  to  maintain  their  natural  conditions  to  the  greatest  extent
possible;
ww)   National   Land   Use   Policy   Council   (NLUPC)   refers   to   the
administrative,  policy  making,  and  regulatory  body  crested  under  this
Act;
xx)  National  Park  refers  to  forest  reservation  essentially  of  natural
wilderness   character   which   has   been   withdrawn   from   settlement,
occupancy or any form of exploitation except in conformity with approved
management  plan  and  set  aside  as  such  exclusively  to  conserve  the
area or preserve the scenery,  natural and  historic objects,  wild  animals
and  plants therein  and  to  provide  enjoyment of these  features  in  such
areas.   It  shall  also  refer  to  lands  and  waters  of  the  public  domain
classified as such in the 1987 Constitution which include all areas under
the (NIPAS pursuant to Republic Act No. 7588 or the NIPAS Act of 1992,
as amended E-NIPAS ACT) primarily designated for the conservation of
native plants and animals and associated habitats and cultural diversity;
yy) Network of Protected Areas for Agriculture and Agro-industrial
Development (NPAAAD)  refers  to  agricultural  areas  identified  by the
Department of Agricultural  (DA) through the Bureau of Soils and Water
Management  (BSWM)  in  coordination  with  the  National  Mapping  and
Resource Information Authority (NAMRIA) in order to ensure the efficient
utilization of land for agriculture and  agro-industrial development and  to
promote sustainable growth The  NPAAAD covers all irrigated areas;  all


irrigable  lands  already   covered  by  irrigation  projects  all  a[luvial  plains,
lands   highly   suitable  for  agriculture   whether  irrigated   or   not,   agro-
industrial croplands or lands planted to industrial crops that support the
validity of existing agricultural infrastructure and agro-based enterprises,
highlands or areas located at an elevation of five hundred  (500) meters
or above  and  have  the  potential  for growing  semi-temperate  and  high
value   crops,   all   agricultural   lands   that   are   ecologically   fragile   the
conversion of which will result in serious environmental degradation, and
all mangrove areas and fish sanctuaries;
zz) Permanent Forests or Forest Reserves refer to lands of the private
or  public  domain  which   have  been   identified   and  determined  to  be
needed for protection,  conservation.  preservation  and  management as
forests and  shall  be  reserved,  conserved  and  protected  into  perpetuity
for such purpose;
aaa)  Permanent Forestlands  refer to forestlands,  within  public lands,
that have been identified, determined and demarcated on the ground by
the  State  to  serve  such  purpose  and  shall  be  protected,  conserved,
preserved,  maintained and  managed as forestlands free from any form
of utilization, exploitation or development, and reserved permanently as
such for the benefit and use of future generations;
bbb)  Physical  Framework  plans  refer  to  the  national,   regional  or
provincial   indicative   plans   that   outline   the   overall   and   macro-level
physical  development objectives,  priorities,  directions  and  strategies  in
its  respective  levels as  prepared,  reviewed,  integrated  and  finalized  by
the    national,     regional    and    provincial    land    use    councils/boards,
respectively based on the Comprehensive Land  Use Plans (CLUPs) of
the  LGUs  and  the  national  policy  guidelines  relating  to  land  use  and
environmental management to prevent or mitigate the adverse effects of
inappropriate resource utilization on food securityt the people's welfare,
and their environment;


ccc)   Premature   or  Illegal   Conversion   refers  to   any  activity  that
modifies  or  alters  the  physical  characteristics  of  agricultural  lands  to
render them suitable for non-agricultural purposes without an approved
order of conversion from the DAR Secretary;
ddd)  Prime Agricultural  Lands  refer to  all  contiguous irrigated  areas
and irrigable lands already covered by irrigation projects, all alluvial plain
lands  highly  suitable  for  agriculture  whether  irrigated  or  not  that  have
been identified to satisfy the country's needs for food self-sufficiency and
security,   agro-industrial   croplands   or   lands   presently   planted   and
suitable to  industrial  and  high  value  crops,  highlands,  or areas  located
at an elevation of 500 meters or above and have the potential for growing
semi-temperature and  high value crops outside of declared  permanent
forestlands  and  protection  forests,  and  are  not  located  in  ecologically
fragile and environmentally-critical areas;
eee) Production Forest refers to forestland located in production lands
managed primarily for the production of timber and other tree products;
fff)  Production  Land  Use refers to the direct and  indirect utilization  of
land    to    generate    outputs    resulting    from    the    following    activities
agricultural  fish  farming  or aquaculture  timber or agro forestry,  grazing
and pasture,  mining,  indigenous energy resource development industry
and tourism;
ggg) Protected Areas refer to portions of land and water set aside by
reason  of their unique  physical  and  biological  significance  managed  to
enhance biological diversity,  and  protected against human exploitation.
For purposes of this Act, these shall also include all-natural forests and
agricultural  lands identified  and delineated  under this Act;
(hhh) Protection Forests refer to forests and forestlands, in both public
and private lands, that have been identified and determined by the State
for  the  beneficial  use  of  present  and  future  generations  and  shall  be


preserved,  conserved,  protected and maintained as such free from any
form of utilization, exploitation or development;
(iij) Protection Land Use refers to the use of land primary reserved for
rehabilitation,  conservation,  and protection purposes and the promotion
of the country's ecological and life support systems;
Ujj) Public Domain refers to lands belonging to the State which may be
classified  as  agricultural  forest  or  timber,  mineral,  or  national  park  as
provided for in the Constitution;
(kkk)   Reclassification   of  Agricultural   Lands   refer  to   the   act  of
specifying  how  agricultural  lands  shall  be  utilized  for  non-agricultural
uses such as for residential, industrial, or commercial purposes, through
the   local   planning   and   zoning    processes   pursuant   to   the    Local
Government   Code   of   1991,   and   subject  to   the   requirements   and
procedure for conversion;
(Ill)  Resettlement  Sites  refer  to  areas  identified  by  the  appropriate
national  agency or by the  local  government unit,  with  respect to  areas
within   its  jurisdiction,   which   shall   be   used   for  the   relocation   of  the
underprivileged and homeless,  as defined under Republic Act No.  7279
or the Urban  Development and  Housing Act (UDHA);
(mmm) Restoration refers to returning forestland to its original forested
state in terms of species composition structure function and productivity;
(nnn)  Restoration  Zones  refer  to  forest  areas  where  activities  are
conducted to restore its forested state;
(ooo) River Basin refers to the horizontal projection of area from which
a   river   and   its   tributaries   receive   surface   water   originating   from
precipitation:


(ppp) Settlements  refer to communities or built-up environment areas
where people prefer to live in;
(qqq) Settlements Development refers to any improvement on existing
settlements or any proposed development of certain areas for settlement
purposes.It    also    involves    the    spatial    distribution    of    population,
identification    of   the    roles    and    functions    of   key    urban    centers.
determination of relationships among settlement areas and the provision
of  basic  services  and  facilities  of  identified  major  settlement  areas  or
growth centers;
(rrr) Shoreline refers to a strip of land covering at least one (1 ) kilometer
from the point where seawater reaches during the highest high tide;
(sss)  Spatial  Data  Infrastructure  refers  to  a  system  consisting  of
spatial  data,  technology,  policies,  practices,  relationships,  people  and
resources  necessary  to  acquire,  process,  store,  and  distribute  spatial
information  to  improve  sharing  and   use  throughout  all  levels  of  the
government    and    private    sector,    among    others,    which    shall    be
operationalized  through  electronic  system  that  provides  access  to  a
network of spatial data sources and users and shall serve as the official
linkage  of  the  government  to  international  and   regional  spatial  data
infrastructure;
(ttt)   Socialized   Housing   refers  to   housing   programs  and   projects
covering   home   lots,   houses   and   lots,   or   low-rise   to   medium-rise
buildings,     or    high-density    housing     projects    undertaken    by    the
government or the private sector for the underprivileged and homeless
citizens which  shall  include  sites  and  services  development,  long-term
financing,    direct   subsidy    programs,    liberalized    terms    on    interest
payments  and  such  other  benefits  in  accordance  with  the  UDHA  and
Batas Pambansa Big 220;


(uuu) Socialized Housing Sites refer to lands identified and designated
by  LGUs  as  sites  for  socialized  housing  pursuant  to  Article  IV  of the
UDHA and  its implementing guidelines;
(vw)   Strategic   Agriculture   and   Fisheries   Development   Zones
(SAFDZAs) refer to areas within the  NPAAAD identified for production,
agro-processing and marketing activities to help develop and modernize,
with the  support of government the agriculture  and fisheries sectors  in
an environmentally and socio-culturally sound manner;
(www) Sub-classification or Reclassification of Agricultural Lands
refers  to  the  process  undertaken  by  the  LGUs  of allocating  declared
agricultural  lands  in  their  respective  territorial  jurisdictions  to  specific
uses such as residential industrial or commercial purposes and  may be
used as a basis for application for land conversion by the owners thereof;
(xxx) Sustainable Development refers to the development objective of
meeting the needs of the present generation without compromising the
ability of future generations to meet their own needs consistent with the
principles of social equity,  efficiency,  and environmental integrity;
(yyy) Sustainable Traditional  Resource  Rights  refer to the rights of
lccs/lps to sustainably use, manage, protect and conserve (a) land, air,
water,   and   minerals;   (b)   plants,   animals   and   other   organisms;   (c)
collecting,  fishing  and  hunting  grounds;  (d)  sacred  sites;  and  (e)  other
areas of economic,  ceremonial and aesthetic value in accordance with
their Indigenous knowledge,  beliefs,  systems and practices;
(zzz)  Tourism  Development Areas  refer to  specific  sites  for tourism
development located  in  areas identified  as priorities  in the national and
regional  tourism  master  plans  as  well  as  those  designated  through
legislative  and  executive  issuances  as  tourist  spots  and  tourist zones
which can be developed into tourism estates or integrated resort, leisure,
recreation complexes, and other tourism related facilities;


aaaa) Tourism  Ecozone refers to tourism development areas,  outside
protection   lands,  which   have  been  granted   Special   Economic  Zone
status, through the Philippine Export Zone Authority (PEZA) registration
and  issuance  of the  required  Presidential  Proclamation,  with  its  metes
and  bounds delineated  by said  Proclamation,  pursuant to  Republic Act
7916 or the Special Economic Zone Act of 1995 (SEZA), as amended;
bbbb)  Tourism  Estates  refer to  large  tracts  of land  with  well-defined
boundaries in any area excluding those in  protection lands,  identified in
the Philippine tourism master plan and  regional tourism master plan,  by
proclamation of the President and/or by Acts of Congress and/or by local
legislation  and  declared  suited  for  the  development  of  an  integrated
tourism and resort complex with prescribed carrying capacities and limits
for its facilities and activities;
cccc) Tourist Spot refers to  a  particular area/site/spot,  man~made  or
natural,    known   for   its   unique   tourist/visitor-drawing   attributes   and
activities  and  which  may  be  classified  according  to  its  social,  cultural
natural  historical  aesthetic  visual,  scientific,  religious,  and  recreational
significance;
dddd)  Tourist  Zone  refers  to  a  geographic  area  with  well-defined
boundaries  proclaimed  as  such  by  the  President  of  the   Philippines
and/or by Acts of Congress.  No development projects for any  purpose
shall  be initiated  and  introduced within the zone prior to the formulation
of  a  tourism  master  development  plan  which  shall  be  undertaken  in
coordination  with  the  Department  of  Tourism  (DOT)  and  the  Tourism
Infrastructure Enterprise Zone (TIEZA). A tourist zone is established for
the  enhancement  and/or  the  conservation   of  cultural   and   historical
heritage and for the appreciation and enjoyment of the local  population
and  its visitors;


eeee)  Urban  Areas  refer  to  all  cities  regardless  of  their  population
density  and  to  municipalities  with  a  population  density  of at  least five
hundred (500) persons per square kilometer;
ffff)  Urbanizable  Areas  refer  to  sites  and  lands  which,  considering
present  characteristics  and  prevailing  conditions,  display  marked  and
great potential of becoming urban areas within a period of five (5) years;
gggg) Urban Forestry or Green Space refers to the establishment or
setting-up  of areas  for mini-forest,  eco-parks  or small  nature  parks,  in
both  public and  private  lands:  wetlands,  man-made  lagoons  and  lakes
systems,  riverbanks  and  shores,  grasslands,  roof  and  rock  gardens
lining roads and highways with trees,  shrubs, or ornamental plants, and
ground   landscaping   of   schools,    hospitals,   and   other   government
agencies in order to improve the environment in urban areas;
hhhh) Water Security refers to the sufficient access throughout the year
to the  minimum  daily  requirement of clean  water to  maintain  a  healthy
life;
iiii)   Water   Use   refers   to   the   appropriation   of  water  for  domestic,
municipal,   irrigation,   power  generation,   inland   fisheries,   poultry   and
livestock,   industrial   and   commercial   environmental,   and   recreational
use;
jjjj) Watershed refers to a topographically delineated area of land from
which  rainwater can drain  as surface  run-off vis-a-vis a  specific stream
or river system to a common outlet point which may be a dam,  irrigation
system   or  urban  water  supply  take-off  point,   or  where  the  stream
discharges into a river,  lake, or the sea;
kkkk)  Zoning  refers  to  the  regulatory  tool  for  delineating  the  specific
land  uses  in  accordance with  the  approved  CLUP  within  the  territorial
jurisdiction  of a  city/municipality  and  specifying  the  conditions  for their


regulation  subject  to  the  limitations  imposed  by  law  and  competent
authority;  and,
1111) Zoning Ordinance refers to a local law passed by the Sangguniang
Bayan or Panlungsod approving the development control/zoning plan in
accordance with an approved or adopted  CLUP of the city/municipality,
providing  for  the  regulations  and  other  conditions  on  the  land   uses
including  the  limitation  on  the  infrastructure  that  may  be  placed  within
the    city's/municipality's    territorial    jurisdiction.     It    incorporates    the
protected  areas,  protected  agricultural  lands  and  ancestral  lands  as
provided for in this Act.
CHAPTER 11
FRAMEWORK FOR LAND USE PLANNING
See. 5. Basic Land Use Considerations. Various land uses as categorized in
the  succeeding  section  shall  be  determined  in  a  manner that  promotes  the
policies  and  principles defined  in  Section  2  of this Act and  shall  consider the
following elements of the framework therefore, among others
a. Protection land use category as defined in Section 6 shall prevail over
existing  production  land  use  category.  The  State  shall  undertake  the
necessary  action   in   changing  the  classification   of  these   production
areas;
b, Preservation, conservation,  rehabilitation and protection to perpetuity
of  permanent  forestlands,  critical  watersheds,  key  biodiversity  areas,
environmentally-critical     and     ecologically-fragile     areas     and     prime
agricultural   lands   from   any   other   land   use,   conversion   disposition,
intrusion  utilization  and  development  aside  from  their  determined  use
and  limits;
c.    Protection    of   natural    forests   and    natural    resources   ensures
environmental      stability,      conserve      biological      diversity,      improve


ecosystem  functions  and  provide  long-term  ecological  and  economic
benefits.Designated   restoration   areas   are   designed   to   revive   the
ecosystem  functions  and  services  of  forests  as  well  as  improve  the
economic and ecological benefits of local communities;
d.  Protection of forest and wetlands from infrastructure development to
preserve  the  ecological  services  they  provide  which  are  essential  to
economic development.  These activities include,  but not limited to river
channelization  and  dredging,  large  scale  irrigation  and  river diversions
which  reduce  riverine  habitat and  after flood  patterns  and  natural  flow
regimes,   reduce   downstream   water   availability   for   agriculture   and
contribute to salinization through saltwater intrusion in coastal areas;
e.    Resolution   of   land    use   conflicts   which   are   life-threatening   or
threatening to public safety. sustainability of key production resources or
employment  activities  and  the  delivery  of  basic  services  which  are
harmful   or   destructive   to   protected   areas,   flora,   fauna,   and   other
protected natural resources. Greater consideration shall be given to the
human  and  tenurial  nights  of vulnerable  groups  in  resolving  land  use
conflicts;
f.  Identification  of geo-hazard  prone  areas  and  high  risk/danger zones
and  corresponding  risk  reduction  measures to  ensure the  prioritization
of life and  safety:  Provided That specifically identified and assessed  as
extremely   hazardous   and   high-risk/danger  zones   shall   be   similarly
protected   and   cleared   from   all   forms   of   human-made   obstacles
obstructions  and  instructions  to  ensure  and  secure  public  health  and
safety;
9.  Respect  for  existing  customary  rights  and  traditional  land  uses  of
lccs/IPs;


h.  Identification  of settlement areas to check the demand  for land  and
establish  the  location  of  employment-generating  industries  and  basic
services; and.
i   The   availability   of  natural   resources   including   indigenous   energy
resources for energy security and self-sufficiency, However infrastructure
energy   projects   such    as   dams   with    large    reservoirs    in    natural
ecosystems shall  not be allowed  if it would  interrupt the connectivity of
river  systems,  disrupt fish  spawning  and  irrigation,  and  alter  seasonal
food regimes.
See. 6. Categories of Land Uses for Planning Purpose. In determining and
defining  the  national,  regional  and  provincial  framework  plans,  and  CLUPS,
land uses shall be grouped into four (4) major functional uses as follows:
A.   Protection   Land   Use   refers   to   the   use   of   land   primarily   for
rehabilitation,  conservation, and protection purposes and the promotion
of   the   country's   ecological   and   life-support   systems   Planning   for
protection   land   use   intends   to   achieve   environmental   stability   and
ecological  integrity,  ensure  a  balance  between  resource  use  and  the
preservation of some areas with environmental,  aesthetic,  educational,
cultural  and  historical  significance,  aid  and  protect people  and  human-
made structures from the ill-effects of natural hazards.
Areas under this category are those covered by the NIPAS Act of 1992
and  other  coastal  and  marine  protected  areas,  areas  outside  NIPAS,
which include but are not limited to:
1) Natural and  Restored Forests which consist of
a)  All   existing   areas  within   forestland   containing   primary  and
secondary forests of whatever types of species;
b)   All   existing   areas  within   forestland   containing   secondary-
growth or residual forests of whatever type or specie;


c) Areas identified as Key Biodiversity Areas;
d) Restoration areas;
e) All mangrove forests;
f) All easement areas as defined  by  PD  1067,  otherwise  known
as the Water Code of the Philippines; and
g)   All   other   areas   that   would   be   deemed   appropriate   for
protection, as designated by the Department of Environment and
Natural   Resources   (DENR),   subject   to   the   approval   of  the
National  Land  Use  Policy Council  (NLUPC)  created  pursuant to
Section 55 hereof.
2) Rehabilitated and/or reforested degraded mining areas,
3) Critical ecosystems for protection, such as:
a) Coral reefs
b) Marshes and wetlands
c) Lakes and rivers
d) Caves and
e) Waterfalls
4) Disaster-prone areas that include areas subject to, or maybe subject
to:
a) Recurrent flooding
b) Liquefaction:
c) Tsunamis
d) Storm surges,
e) Polar vortex,
f) Mass wasting.
g) Volcanic eruption
h) Direct impact of seismic activity
i) Other disasters caused by climatic conditions,  and
i)  Other  areas  that  pose  a  high  degree  of  hazard  to  human
occupation and activity.


5) Critical watershed areas
6) Marine Protected Areas
7) All prime agricultural lands as defined under this Act
8)    Ecologically    fragile    and    environmentally-critical    areas    whose
conversion will  result to  serous environmental  problems  and  threats  lo
public health and safety
9)   Natural   and   human-made   areas/sites   of   cultural,   historical   and
anthropological     significance,     which     are     declared     as     such     by
internationa[[y-recognized institution and
10) All other areas not included and declared as production areas shall
become protection areas.
b.  Production  Land  Use  refers to the  most efficient,  sustainable,  and
equitable    utilization,    development    and    management    of    land    for
productive  purposes which  are  not classified for protection  land  use as
defined  in  this  section  Areas  included  in  this  category  are  agricultural
lands,   coastal   and   marine  zones,   production   forest,   mineral   lands,
energy  resource  lands,   industrial  tourism  development  areas  where
productive   activities   could    be    undertaken   to   meet   the   country's
requirements  for  economic  growth  and  development.  Production  land
use shall comprise of but shall not be limited to:
1)  Other  agricultural  lands  not  identified   as  prime  agricultural
lands. They shall consist of but shall not be limited to:
a)    Lands    whose    soils    are    suitable    for    agricultural
development;


b)  All  alluvial  plain  lands  that  are  suitable  for  agricultural
production and/or can be devoted to food production;
c) All lands that are traditional sources of staple food;
d)  All  crop  lands  required  to  attain  a   certain  scale  of
production  to  sustain  the  economic  viability  of  existing
agro-based  industries  in the  municipality,  city or province;
and,
e)  All  lands  in  areas  not  highly  prone  to  natural  hazards
that are suitable for the production of tree crops and other
cash crops.
2) Coastal,  inland water and Manne Zones, such as fishponds
3) Production Forest such as:
a)  All  area  within  forestland  not  classified  as  protection  forests
under  Section  6  (a)  and  shall  be  devoted  to  the  production  of
timber   and/or   non-forest   products   or   the   establishment   of
industrial tree plantations, tree farms, woodlots,  agro-forestry,  or
as multiple-use forests;
b)  All   areas  within  forestlands   considered   as   rangelands  for
grazing purposes; and,
c)  All  areas  within  forestlands  managed  under  the  community-
based  forest  management  in  areas  not classified  as  protection
forests.
4) Rangelands for grazing
5) Industrial Development Areas;  and,


6)  Tourism  Development  Areas,   including  potential  small  islands  for
similar purposes.
c. Settlements and Institutional Land Use refers to the use of urban
and    rural    lands    for    settlements    development    purposes    and/or
improvements on existing settlements involving the spatial distribution of
population,  identification of the roles and functions of key urban centers,
determination    of   relationships   among    settlement   areas,    and    the
provision of basic services and facilities to such settlements.   It shall also
include   lands   identified   for   institutional   uses   such   as   educational,
administrative,  government  law  enforcement,   health  care  and  social
services.  Settlements and  institutional  land  uses.  aim  to ensure for the
present  and  future  generation  the  (i)  effective  integration  of  activities
within  and  among  settlements,  allowing  efficient  movement  of  people
and production of commodities through the provision of appropriate land,
infrastructure, and facilities, and (ii) access of the population to housing,
education,  health  care,  recreation,  transportation  and  communication,
sanitation,  and  basic utilities such as water,  power, waste disposal,  and
Other services.
d.  Infrastructure Land  Use  refers to the use of land dedicated to the
provision  of  basic  services  that  foster  economic  and  other  forms  of
integration     necessary    for    producing     or    obtaining     the     material
requirements    of    Filipinos,    in    an    efficient,    responsive,    safe    and
ecologically  friendly  built  environment.  It  includes,  among  others,  sub-
sectors like  road  networks,  transportation and  communication facilities,
social services, environmental service facilities and  utilities.
Provided, That the determination of the functional uses of lands within ancestral
domains should  be consistent with the land use categories provided for in this
Act;   provided  further,  that  other  sub-categories  of  land  uses  in  delineated
ancestral domains may be formulated by the concerned  lccs/IPs themselves


in   accordance   with   their   particular   needs   and   traditional   resource   and
management systems.
See. 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral
domains  shall  be  formulated  by the  ICCs/lps themselves  in  accordance with
their particular needs and traditional resource and management systems with
the  assistance  of the  NCIP,  the  LGUs and  civil  society  organizations  (CSOs)
concerned.  Such  plans  shall  be  recognized  and  adopted  in  the  barangay,
city/municipal,   provincial,   regional   and   national   physical   framework   plans.
Physical  framework plans  made  prior to the  delineation  of ancestral  domains
included in such plans or ordinances shall, without prejudice to the rights of the
lccs/IP concerned, adopt different land use categories in accordance with their
particular needs  and  traditional  resource  and  management systems.In  cases
where there are no ADSDPPs the LGU and the lccs/lps shall jointly formulate
the land use plan within the ancestral domain until such time that the lccs/Ps
have formulated their ADSDPPS.
See. 8. Adoption of Ivlultiple Uses of Land. The primary and alternative uses
of a specific land resource shall be determined and evaluated by the respective
local land use boards prior to any decision for the assignment of its use. Areas
feasible  for  sustainable  land  resource  use  may  be  considered  multiple-use
zones  wherein  settlements,  tourism,  agriculture,  agro-forestry  and  extraction
activities and other income-generating,  or livelihood activities may be allowed,
except areas  under protection  land  use.  Provided,  That multiple  uses of land
resources shall be in accordance with priorities in land use allocation identified
in the approved  physical framework and land  use plans wherein such  multiple
uses  are  compatible  with  the  original   land   use  and   planning,   and  that  no
reclassification shall be allowed. Provided, further That, where there are vested
rights, titles and claims prior to the enactment of this Act over the areas feasible
for sustainable land resource use, the same shall be respected.


CHAPTER 111 SPECIAL AREAS OF CONCERN
Article I
Land Use Classification
See.  9.  Review  of  Land  use  Classification.  The  NLUPC  shall  review  and
assess the  current land  use  classification  system  and  definitions  used  in  the
country to ensure that it reflects the actual use of lands in the country.The Land
Management Bureau (LMB) shall provide the necessary technical information,
conduct  the   needed   assessment   of  the   status   of  the   existing   land   use
classification  and  shall  submit  an  assessment  report to  the  NLUPC  not  later
than ninety (90) days from the establishment of the latter.
See.   10.   Consideration   of   Assessment   Report.   Upon   validation   and
affirmation  by  local  land  use  boards,  the  land  use  classification  assessment
report submitted by the LMB shall be taken into consideration by the NLUPC in
the formulation of its planning guidelines.
Article  11
NIPAS Areas
Sec.   11.   Integrated  Management  Strategy.   For  more  effective  planning,
management   and    protection   of   protected   areas   at   the   provincial   and
city/municipal  levels.  The  Protected Area  Management  Plan  (PAMP)  referred
to   in  the   E-NIPAS   Law  shall   be   incorporated   in  the   PPFP  and   CLUPs  if
applicable, wherein protected area zoning shall reflect.
Article Ill
Aqricultural Lands


See.12. Priority Areas for Agricultural Development. The priority areas for
agricultural development are the areas distributed under agrarian reform areas
that can be covered by CARP, and those identified as part of the NPAAAD. The
mapping of the NPAAAD under the Agriculture and Fisheries Modernization Act
(AFMA)  shall  be  completed  not  later than  one  (1)  Year from  the  effectivity  of
this Act.
SEC   13.  Conversation  of  Agricultural  Lands.  All  lands  considered  and
identified   as   prime   Agricultural   lands   shall   be   maintained,   managed   and
protected   for  agricultural   use   and   shall   not  be  subjected   to   any  form   of
conversion or re-classification; All other agricultural lands not identified as prime
agricultural lands can only be converted to non-agricultural uses upon issuance
of  a   DAR  conversion  order.   Provided.   That  such  conversion  shall   not  be
drastically change the  nature of the over-all  land  uses  in  the surrounding  and
adjacent  areas  from  its  existing  land  use.  Provided,  that  consistent with  the
State policy on giving priority to the completion of the Comprehensive Agrarian
Reform     Program     (CARP),     those     lands     covered     under     compulsory
Acquisition/voluntary offer to sell production or profit-sharing  subject to CARP
shall   also   be   Protected   from   conversion   pending   the   distribution   and/or
installation   of  the   farmer   beneficiaries.Provided   further,   That   pending   the
completion of mapping activities of the specific areas under The NPAAAD and
the  SAFDZs  under the AFMA and  their incorporation  in the  National  Physical
Framework plan (NPFP) the application for conversion of these areas shall not
be given due course by the appropriate government agency.
Article IV
Ancestral Domain
Sec.14.   Priority  Areas  for  Agricultural   Development  within  Ancestral
Domain  Agricultural   lands  within   ancestral   domain   shall   be   developed   in
accordance with their ADSDPP.
See.15. Respect for Ancestral Domains. The Ancestral Domain Management
Plan (ADMP) or ADSDPP shall be adopted and integrated into the CLUP and/or


other  plans  that  the  LGU  is  mandated  to  produce  the  extent  of  ancestral
domains shall be reflected in the land  use plan,  and shall be zoned as such in
the zoning  ordinance.  It shall  be co-managed  by the  LGU  and  IP community.
Additionally, the ADSDPP shall be included in the investment plans of the LGU.
Sec.16. Ancestral Domain Policy Adoption. Ancestral domain policies shall
be adopted in the LGU's land use policy framework.  However, in the event that
the ADMP/ADSDPP is still in the formulation stage or remains to be formulated,
the right to self-determination,  and the observance of traditional  resource and
management systems and  processes shall be upheld at all times,  as provided
for by  RA 3871.
Article V
Forest Lands and Reservation of Watershed
See.17.  Permanent  Forestlands.  All  forestlands  are  classified  as  forest  or
timberlands,   titles,   settlements,   permits,   leases,   and/or  agreements  within
critical  habitats,  critical watershed areas,  protected areas and  key biodiversity
areas (KBAs), shall be reviewed, and their legality affirmed. All erroneous titles,
settlements,  permits,  leases and/or agreements within  permanent forestlands
shall   be   cancelled   or   revoked   in   due   course.   Non-compliance   with   and
violations   of  these   instruments   shall   be   grounds   for  their  cancellation   or
revocation:  Provided,  That the  applicable  provisions  of the  RA 3871,  shall  be
respected.  Upon recommendation by the LGU, or the Forest Board, the DENR
Secretary shall revoke the above-mentioned instruments.
See.18. Additional Areas to be Included as  Permanent Forestlands.  The
following lands are needed for environmental protection and forestry purposes
and shall not be reclassified as agricultural lands or for any other land use:
a.   Isolated  patches  of forest,  regardless  of size  and/or  area,  with
rocky terrain or which protect a spring/water source for communal
use.


b.   All mangroves and swamplands including twenty (20) meter wide
strips  facing  oceans.  lakes  and  other  bodies  of water  not  yet
classified as alienable and disposable lands.
c.   Ridge   tops   and   plateaus   regardless   of  size   found   within   or
surrounded  wholly  or  partially  by  forestlands where  headwaters
emanate.
d.  Twenty (20) meter wide strips of land from the edge of the normal
high waterline of rivers and streams with channels of at least five
(5)  meters  width  which  are  not  yet  classified  as  alienable  and
disposable.
e.   Areas needed for public interest such as research or experimental
purposes, and
f.    Areas  considered  as  environmentally  critical  because  of  their
vulnerability  to  damage  from  landslides  volcanic  eruptions,  and
other natural causes.
See.19.  Reversion  of Alienable  and  Disposable  Lands  to  Forestlands.
Upon the recommendation of the DENR secretary, duty reviewed and endorsed
by   the   National   Land   Use   and   Policy   Council   (NLUPC),   and   after   due
consultations  with  concerned  LGUs  and  the  affected  parties.Congress  may
authorize the reversion of alienable and disposable lands of the public domain
or portion thereof to forestlands.
See.20.  Critical Watershed Areas.  The  DENR,  in  coordination with  the  DA,
the  LGUs concerned,  and  other government agencies,  including government-
owned      and-controlled      corporations,       and      after      mandatory      public
hearings/consultations, shall identify and delineate critical watershed areas that
need to be protected, rehabilitated, enhanced, and/or withdrawn from uses that
contribute to their further degradation.


Sec.21.    Formulation    and    lmplementation    of   Integrated   Watershed
Management  Plans.  With the  assistance  of the  DENR  and  upon  mandatory
consultations with the concerned sectors and communities, the LGUs, through
their local  land  use boards,  shall  prepare their watershed  management plans
which  shall  be  integrated  into  their  respective  CLUPs.  The  formulation  and
integration  of the  plan  shall  be  guided,  among  others,  by the  principle  of the
management and development of inland water resources at the watershed level
and  shall  be  consistent with  the  National  Forestry  Master  plan  (NFMP).  The
DENR   and   the   concerned   LGUs   shall   jointly   implement   the   watershed
management plan subject to regular consultations with and involvement of the
community and other stakeholders in the implementation of the plan.
See.  22.  Establishment  and  lvlanagement  of  National  Parks.  All  areas
proclaimed  by  the  President  and  Congress  to  be  under  the  (NIPAS),  unless
disestablished,  including  those  identified  initial  components  of the  NIPAS  as
Key  Biodiversity Areas shall  comprise the  National  Parks  classification  of the
public domain.  The  DENR and  concerned  LGUs shall ensure that such  areas
are integrated  in the CLUP and  physical framework plans;  Provided,  however,
That  the  preparation  of  management  plans  of  protected  areas  and  national
parks  shall  be  in  accordance with  the  provisions  of the  NIPAS Act and  other
laws establishing or declaring specific areas as protection areas.
See.  23.  Establishment  of  Restoration  Zones.  Restoration  areas  shall  be
designated in the management plan as such.  Designation of restoration zones
is compulsory in all forest management plans and for all LGUs.
Article VI
Coastal Zones
See.  24.  Criteria  for  the  AIIocation  and  Utilization  of  Lands  within  the
Coastal Zones. The allocation and utilization of lands within the coastal zones
shall  be subject to the following guidelines:


a.   Areas   vegetated   with   mangrove   species   shall   be   protected,
preserved and managed as mangrove forestland and shall not be
converted to other uses:
b.   Areas that meet all  accepted  criteria  on  elevation,  soil  type,  soil
depth  topography,  supply for successful  fishpond  development,
and  are  not  identified  as  mangrove  protected  areas,   shall  be
utilized   for  aquaculture   purposes   as   long   as   a   4:1   ratio   for
mangroves  and  fishponds  is  maintained  to  support  ecological
processes in mangrove ecosystems
c.   Areas  sub-classified  as  mangrove  and  still  suitable  for  use  as
such, or due to environmental conditions need to be preserved as
mangroves  but  are  devoid  of  mangrove  stands,   shall  not  be
converted to other uses.The DENR shall ensure that these lands
shall be reforested within a given period of time:
d.   Areas accessible to the sea and identified for fisherfolk settlement
and  housing  but are  not part of or are  not within  any  protected
land  use areas shall be allocated to traditional fisherfolk who are
inhabitants  of the  coastal  communities,  members  of  registered
fisherfolk organizations, holders of stewardship lease contracts or
titles   to    ancestral   domains   or   any   form   of   property   right
arrangements who  participate  in  coastal  resource  management
initiatives, subject to the usual census procedures of the Housing
and     Urban     Development    Coordinating     Council     (HUDCC);
Provided, That the government shall issue marine territorial rights
to organizations concerned based on a criteria to be established
by  NLUPC.
e.   Areas  that  are   neither  sub-classified   as  mangrove,   fisherfolk
settlement nor fishpond may be devoted to recreational or tourism
purposes:   Provided,   That  such   undertaking   will   not   result   in
environmental degradation and displacement of small fisherfolks.


f.    Areas which are considered as traditional fishing grounds shall be
used primarily for such purpose.
a.   Areas   shall   be   allocated   for   small   infrastructure   needed   by
municipal  fisherfolk and  for fishing  gear boats,  and  post-harvest
facilities and,
h.   Areas which from  part of foreshore  lands as defined  in this Act,
including  those  under lease  agreements  or arrangements  shall
undergo zoning  and evaluation  so their boundaries,  actual  sizes
and  corresponding  uses  can  be determined white ensuring  that
mangrove protection or restoration zones are considered to keep
the required 4:1  ratio between mangroves and fishponds.
Sec. 25. Coastal Land Zone Sub-classification. All public lands in the coastal
zones  shall  be  sub-classified  into  any of the following  fishponds,  mangroves,
protection   from   tidal   surge   for   preservation   of   biodiversity,   habitats   and
sanctuaries        for       endangered        wildlife,        fisherfolk        settlement       or
recreational/tourism  areas.  No  sub-classification  of coastal  zones  to  different
uses shall be done without the following:
a.   Conduct    of    a    comprehensive    inventory    and    resource    and
environmental assessment by the  DENR with  respective LGUs and
accredited   Non-Government  Organizations/Peoples  Organizations
(NGOs  POs) within their jurisdiction.  The result of such assessment
along  with  a  list  of all  existing  applications  and  expired  Foreshore
Lease Agreements shall  be posted  in three (3)  conspicuous places
in the affected localities,  and,
b.   Prior   consultation    with    local    Fisheries    and   Aquatic   Resource
Management Councils  (FARMCs)  formed  pursuant to  Republic Act
No. 8550 or the Fisheries Code.


Sec.  26.  Zoning  of Coastal  Areas.  Local  government  units,  in  coordination
with the DENR the FARMCS, local fisherfolk organizations and other concerned
stakeholders such as women  and the youth shall prepare the Coastal Zoning
Resource Management plan (CZRMP) which shall be incorporated in the CLUP
Management zones defined in the CZRMP should be reflected in the CLUP and
the subsequent Zoning Ordinance.
See 27, Tourism and Recreation Zone. The designation of areas for tourism
and resorts near or over fishery areas or ports thereof shall be with consent of
the  concerned   LGUs  and  FARMCs  and  shall  comply  with  the  policies  and
guidelines set forth in this Act.
See. 28. Protection of waterways, Easements and Flood plains. Structures
of any kind shall not be built in waterways and easements Pursuant to PD 1067
or the Water Code of the Philippines, the banks of rivers and streams and the
shores of the seas and  lakes throughout  their entire length and within a zone
of three (3) meters in urban areas, twenty (20) meters in agricultural areas and
forty   (40)   meters   in   forest  areas,   along   their  margins   are   subject  to   the
easement of public use only  in the  interest of recreation,  navigation,  floatage,
fishing  and   salvage.The  protection  of  floodplains  shall  adopt  a   river  basin
management  approach,  in  order  to  come  up  with  integrated  flood  mitigation
interventions,   Development  within  flood  plains  and  other  flood-prone  areas
must  be  controlled  or,  I  allowed,  must  be  so sited,  constructed  and  serviced
that the lives of occupants are not put at risk and that disruptions during floods
are minimized. The identification and characterization of flood-prone areas and
flood  plains shall be an  integral part of the CLUP preparation.  The LGUs shall
establish  land  use  regulations to  mitigate flood  risks  through  the  CLUPS  and
zoning ordinances. To promote the best interest and the coordinated protection
of  flood  plains,  the  Department  of  Public  Works  and  Highways  (DPWH),  in
coordination with  Department of Science and Technology (DOST) and  DENR,
shall  declare  flood  control  areas,  as  necessary,  and  shall  prohibit  or  control
activities that could damage or cause deterioration of lakes and dikes, obstruct
the  flow  of water,  change  the  natural  flow of rivers,  increase  flood  losses  or
aggravate flood problems pursuant to the Water Code of the Philippines.


Sec. 29.  Disposition of Public Lands for Fishponds.  Upon the effectivity of
this Act,  but subject to existing  rights  and  the  preceding  section,  no fishpond
lease agreement (FLA) shall be issued for tidal swamps,  mangroves and oilier
swamps,  marshes,  ponds,  foreshore  lands,  and  coastal  areas  within  public
lands,  including  those  presently declared  available for fishpond  development.
The LUPC, in coordination with the DENR, the DA, the FARMCS and the LGUs
shall  set  aside  a  portion  of  available  public  lands  for  fish  propagation,  fish
sanctuary,  conservation  ecological  purposes  and  fisherfolk settlement areas.
Fishponds covered  by existing  FLAs,  but are abandoned or are  not operating
efficiently   and   are  found   suitable  for  mangroves   shall   be   reforested  with
mangroves.
See. 30. Immediate Restoration of Converted Mangrove Areas. The DENR,
in   coordination   with   the   FARMCs   and   other   concerned   agencies   shall
immediately take  steps  in  the  restoration of all  abandoned,  undeveloped  and
underutilized fishponds to their original state as mangrove forests.
Article Vll
lvlineral Lands
See. 31. Policies on Mineral Lands.  Land use policies for mineral lands shall
be  geared  towards  the  rational,  ecologically  sound,  and  sustainable  use  of
mineral resources which shall promote economic growth for the local economy
and  uphold  the  human  rights  of indigenous  peoples and  local  communities  in
the affected areas.
See.  32.  Criteria  for  the  Utilization  and  Allocation  of  Land  for  Mining
Purpose.  The  allocation  and  utilization  of lands for  mining  purposes  shall  be
guided by the following:
a.   The  principles  of sustainable  development shall  be  observed  at all
times,


b.   In case of small-scale mining,  adequate and acceptable safeguards
shall be instituted by the holders of mining rights or permits to prevent
environmental degradation of the mining sites and adjacent areas:
c.   Mineral  reservations  which  have  become  non-operational  for  more
than  ten  (10)  years  as determined  by  the  Mines  and  Geosciences
Bureau     (MGB)    shall     be    placed     under    appropriate    surface
management by the DENR; and.
d.   Ancestral domains declared as protected by virtue of their ADSDPP
as well as all watershed areas shall be closed to mining
Sec.   33.   Reversion  of  Ivlineral   Lands.  All   mineral   lands  with  exhausted
mineral resources as determined by the MGB, shall automatically revert to their
original   land   classification,   that  is,   as  forest  land   or  agricultural   land.   The
concerned  mining  companies shall  bear the full  cost of rehabilitation  of these
areas.
Article VIII
Enerav Resources
Sec. 34. Guidelines for the Utilization and Allocation of Lands for Energy
Resource    Exploration,     Development,    Production,    Utilization,    and
Distribution Purposes To ensure that the objectives of maintaining ecological
balance and maximizing the power potential from indigenous energy resources
in  the  most economical  and  environmentally-acceptable  means  are  realized,
the allocation and utilization of lands shall be guided by the following, consistent
with existing regulations and laws on energy resources:
a.   Indigenous energy resource exploration and development for the
purpose  of creating  a  National  Energy  Resource  Inventory  and
Data  Base  as well  as  an  Energy  Resource  BIock  Map  shall  be
allowed    subject    to    the    implementation    of    complementary
watershed and other land management plans.


b.   Indigenous       energy       resource       exploration,       development
production,   utilization,   and  distribution  shall   be  subject  to  the
appropriate    requirements    and    processes   of   the    Philippine
Environmental impact Statement (EIS) system. Each project shall
secure  an  Environmental  Compliance  Certificate  (ECG)  prior to
project implementation to ensure that adequate and appropriate
environmental management measures and optimum methods for
resource access and recovery are used;
c.   Protected  areas defined  in Section 6 shall be closed to any kind
of energy resource development.
d.   Energy  reservations  or  portions  thereof which  have  become  or
have been established to be non-economically viable to operate
or are no longer used for energy purposes shall be reclassified to
other   land    uses   subject   to   existing   laws   covering   energy
reservations; and,
e.   Renewable energy shall be preferred over other energy resource
See.  35.  Reversion  of Energy  Resource  Lands.  All  exhausted  indigenous
energy  resource  lands  as  determined  by  the  Department  of  Energy  (DOE),
which   are   not  covered   by  proclamations,   shall  automatically  revert  to  the
category  of forestlands  or agricultural  lands  open  to  disposition,  whichever is
appropriate,  unless  the  DENR  shall  classify  such  areas  for  other  purposes.
Exhausted energy resource lands shall  refer to specific energy resource sites
whose energy reserves of the desired types are no longer in sufficient quantity
or quality to justify additional expenditure for their extraction and utilization.
Article lx
Settlements DeveloDmen_±


See.   36.   Municipalities,   Cities,   and   Settlements   Development.   The
development  of  municipalities,   cities,   and   settlements  through   CLUP   and
implemented  by  the  zoning  ordinances  of  cities  and  municipalities  shall  be
guided by urban zoning standards designed to maximize existing urban spaces
taking   into  account  studies   of  pertinent  government  agencies   on   climate
change.
See.  37.  Settlements within  Geo-hazard Areas and/or High  Risk/Danger
Zones.  Settlements  within  geo-hazard  areas  and/or  high  risk/danger  zones
shall not be allowed.  In cases where there are existing settlements within geo-
hazard   areas   and/or   high   risk/danger   zones   the   concerned   government
agencies shall provide assistance to concerned LGUs and settlers in instituting
safety and corrective measures to address the potential danger or risk.
See. 38.  Designation of Waste and  Environment Ivlanagement Site.  Each
city or municipality shall  identify and designate an area to serve as waste and
environment  management,  waste  disposal,  and  facilities  within  one  (1)  year
from the effectivity of this Act. The LGUs,  in coordination with the DENR or any
other competent authority, shall identity sanitary land fill in order to fast-track the
conduct of the  Environmental  Impact Assessment (EIA)  study and to facilitate
the  processing  of the  ECC.  The  site or area shall  be  identified  in  the  city's or
municipality's CLUP.  For this purpose,  cities and  municipalities shall  establish
their solid waste management program,  pursuant to  RA.  NO 9003,  otherwise
known as the "Ecological Solid Waste Management Act of 2000.  Likewise,  as
provided  under Section  33 of the  LGC.  cities and  municipalities  may,  through
appropriate   ordinances,   bind   themselves  towards  the   establishment   of  a
common  solid  waste  management program.  Within  ninety  (90)  days  from  the
effectivity of this Act, the DENR,  in coordination with concerned agencies, shall
promulgate  the  necessary  guidelines  and  standards  for  the  formulation  and
establishment    of    solid    waste    management    programs    by    cities    and
municipalities,   and   shall   submit  the   same   to   the   NLUPC   for  review   and
approval.


See. 39. Designation and Zoning of Socialized Housing Sites.  Each city or
municipality  in  urban  urbanizable  and  rural  areas  shall  designate through  the
CLUP adequate lands for housing or residential purposes, including socialized
housing and resettlement areas for the immediate and future needs of the local
population   as   well   as   the   underprivileged   and   homeless   in   their  territory
pursuant   to   existing   laws   and   regulations   in   order   to   ensure   adequate
availability of land for the housing needs of the local population, the CLUP may
be  revised  at the  minimum  of ten  (10)  years  and  reviewable  not earlier than
every five (5) years. The designated sites for socialized housing shall be located
in  residential zones,  and  shall  be zoned  as socialized  housing  zones that are
integrated in the city's or municipality's zoning ordinance, duly approved by the
NLUPC, pursuant to existing laws and regulations.  Preference shall be given to
lands proximate to  public transportation facilities which  may include  inter alley
railways and public terminals. The location of resettlement areas may either be
on-site  or  off-site  and  may  be  within  the  city  or  municipality.  Prov/.bed.  That
designated   settlement   and   socialized   housing   areas   shall   consider   the
proximity and accessibility of the affected community to employment, economic
activities and social services. Within ninety (90) days from the effectivity of this
Act, the NLUPC,  in coordination with concerned agencies, pursuant to HUDCC
Resolution  No.  521,  series of 1992,  Executive  Order No.124,  Series  of 1993
and  other pertinent guidelines on the  matter,  shall  promulgate the  necessary
guidelines for the identification  and designation  of socialized  housing  sites.  All
cities   and   municipalities   in   urban   and   urbanizing   areas   shall   identify   and
designate their socialized  housing sites within one (1 ) year from the effectivity
of this Act and must submit the list of these sites and their respective areas to
the  HUDCC.  These  sites  shall  be  used  exclusively  for socialized  housing  as
defined  in the UDHA.
See.  40. Zoning  of identified  Sites  for Socialized  Housing.  The  identified
sites  for socialized  housing  shall  be  located  in  residential  zones  identified  by
the  city  or municipality's  CLUP  and  Zoning  Ordinance  (20)  duly  approved  by
the NLUPC.  However, for cities and municipalities where the identified sites are
not within the said residential zones, the location shall be within the priority sites
and conform with the suitability criteria as defined in Sections 6.3 and 6.4 of the


Guidelines in HUDCC Resolution No. 521. Series of 1992, or as may be defined
in  subsequent  issuances.  The  identified  sites  shall  be  zoned  as  socialized
housing zones as defined  herein.The current Zoning Ordinance of LGUs shall
be reviewed and  revised such that the socialized  housing component shall be
integrated thereto.
See.     41.   Valuation   of  Lands   for  Socialized   Housing.   Equitable   land
valuation  guidelines  for socialized  housing  shall  be  set by the  Department of
Finance (DOF) on the basis of the market value reflected in the zonal valuation,
or in  its absence,  on the  latest real  property tax declaration.  For sites already
occupied  by  qualified  beneficiaries  under  the  UDHA,  and  sites  identified  as
Socialized  Housing Zones as defined in this Act.  The  DOF shall factor into the
valuation,  the  blighted  status  of the  land  as  certified  by the  local  government
unit or the  National  Housing Authority (NHA).
See,  42.  Guidelines  for  identification  of  Settlement  Sites.  In  identifying
settlement areas, prospective sites should be:
a.   within alienable and disposable lands but not in environmentally-
critical, geo-hazard other protection areas;
b.   along established urban growth directions,
c.   with  provisions  for  or  can  be  provided  with  basic  services  and
utilities:
d.   within the 0-8°/o slope range,  and
e.   accessible  from  existing  built-up  areas  and  other  employment
centers    through    existing    or    proposed     roads    and    other
transportation facilities
See.  43.   Urban   Forest  or  Green   Space.   Each   city  or  highly-urbanizing
municipality  identify,  shall  designate,  and  allocate  lands  owned  by the  city  or


municipality  as  urban  forest  or  green  space,  based  on  the  guidelines  and
standards to be issued by the DENR and approved by the 2 NLUPC.
See.   44.   Protection   of  Ecological   Harmony.   To   ensure   the   ecological
harmony  of towns,  cities  and  settlements,  certain  projects  that  can  alter the
present  use  of a  zoned  area  shall  not  be  issued  a  building  permit,  business
permit,  and/or development permit. The identification of these projects shall be
done  in  coordination  with  the  LGU  concerned.  All  LGUs  shall  be  required  to
designate restoration areas in their forest land use plans.
Article X
Industrial Development Areas/Sit§§
Sec.   45.   Criteria  for  Designating   Industrial   Development  Areas.   The
identification  and establishment of industrial development areas shall conform
to the provisions of RA 7918 or the Special  Economic Zone Act (EZA) of 1995
as amended by RA 8748, RA 6657 or the Comprehensive Agrarian Reform Law
(CARL)  as  amended  by  RA  9700  or  the  Comprehensive  Agrarian  Reform
Program   Extension  with   Reforms  (CARPER),   RA  8371   or  the   Indigenous
Peoples'  Rights Act (lpRA),  RA 7279 or the  Urban  Development and  Housing
Act  (UDHA),  RA  8550  or  the  Philippine  Fisheries  Code  as  amended  by  RA
10654, and RA 8435 or the Agriculture and Fisheries Monetization Act (AFMA),
taking into consideration the following:
a.   Identified   network  of  areas   for   agricultural   development  and
protected agricultural areas
b.   pursuant to the RA 8435:
c.   National  policies on the  regional dispersal  of industries and agri-
based industrial development
d.   Identified growth areas and corridors in the National Development
Plan


e.   NIPAS and non-NIPAS areas such as but not limited to KBAs and
restored areas that require protection.
f.    National and  Urban Development and  Housing  Framework.
9.   Identified Socialized Housing Zones, and
h.   National   Framework  for  Physical   Planning   and   other  existing
national programs and policies
The designated industrial development areas shall be located only in production
land  use  areas  and  shall  become  an  integral  part  of the  land  use  plan  and
zoning ordinance of the city or municipality where these areas are located  RA
9700,  RA  8371,  RA  7279,  RA  8550,  RA  8435,  and  RA  7160  or  the  Local
Government Code shall apply to all Special Economic Zones and Free Ports.
Article XI
_Tourism Development Area_a_
Sec.   46.   Designating   Tourism   Development  Areas.   The   identification,
selection,   and   development  of  tourism   development   areas,   and   Tourism
Enterprise  Zones  (TEZs)  shall  be  done  in  consultation  and  coordination  with
the concerned LGUs, the Tourism Infrastructure and Enterprise Zone Authority
(TIEZA),  Department  of Tourism,  and  other  concerned  national  government
agencies,  the  private  sector  and  the  affected  communities,  subject  to  the
provisions of RA.  No.  9593 or the Tourism Act of 2009.  Tourism development
areas   shall   likewise   include   those   covered   by   legislative   and   executive
issuances such as tourist spots, tourist zones and tourism ecozones which can
be developed  into tourism estates or integrated  resort,  leisure and  recreation
complexes and other tourism-related facilities as well as those identified in the
national,  regional,  and  area-specific  tourism  master  plans  and  other  sector
plans,  such  as  ecotourism  and  agri-tourism  sites  Provided,  That  such  sites
designated   for   tourism   development   are   outside   of   areas   identified   for


protection land use. As much as practicable. community-based tourism shall be
the  principal  mode  of tourist spot operation  RA 9700,  RA 8371  RA 7279,  RA
8550,  RA 8435, and RA 7160 shall apply and Executive Order 111  s 1999 that
provided for the National  Ecotourism Strategy shall likewise apply to all tourist
zones    and    tourist    development    areas.    Designated    areas    for    tourism
development shall become part of the CLUPs and Zoning 3 Ordinances of the
cities or municipalities where these are located.
See. 47 Identification and Preservation of Cultural Heritage. In accordance
with  Republic Act No  10066 or the  National Cultural  Heritage Act of 2009,  the
National    Historical    Commission    of   the    Philippines   (NHCP)   the    National
Museum  (NM),  and the  National Commission for Culture and the Arts (NCCA)
in  coordination  with  other  concerned  agencies.   local  communities,  and  the
private  sector,  shall  identify  and  declare  areas  and  structures which  shall  be
protected and preserved as part of Philippine cultural heritage
The   NHCP  and   the   NM   in   constitution  with   the   NCCA  and   HLURB   shall
designate  heritage  zones  to  protect  the  historical  and  cultural  integrity  of  a
geographical area that is significant to national history.
The   LGUs   in   consultation   with   the   NHCP,   the   NM   and   the   NCCA   shall
designate   heritage   Zones   to   protect   historical    and   cultural    integrity   of
geographical  areas and  cultural spaces of intangible cultural  properties which
are significant to a city or municipality and the community.
Article XII
J_nfrastructure Developmep_t
See. 48. Allocation and Use of Land for Infrastructure Development. Land,
whether public or private, shall be allocated and utilized for priority infrastructure
projects  that  are  supportive  of national  or  local  development  objectives  The
National Economic and  Development Agency (NEDA),  in consultation with the
concerned  national  government agencies,  LGUs,  and  the private sector shall
identity   and   periodically   review,   update   and/or   revise   the   list   of   priority


infrastructure   projects   under   an   over-all   national   strategic   infrastructure
development plan subject to the provisions of this Act,  RA 8435 and  RA 8371,
Provided. That such national strategic infrastructure development plan shall be
consistent and integrated in the objectives and directions of the NPFP
ln   determining   and   evaluating   the   list   of   priority   infrastructure   projects,
consideration shall be given to those that
1.   Respond   to   immediate   and   vital   requirements   of  the   national   and
regional     economy    with     priority    to     improving     production-market
integration,   intermodal  transport,   conveyance  and   logistics  linkages,
rural infrastructure and the development of the agriculture and fisheries
sectors.
2.   Upgrade existing facilities to international public safety standards;
3.   Address the need for sustainable settlements development, and,
4.   Mitigate the destructive effects of natural  disaster-causing  phenomena
or those that shall  serve as alternatives to existing  infrastructure found
in natural hazard-prone areas.
Provided,  that the provision and  implementation of infrastructure support shall
be  made  compatible with  existing  environmental  conditions  and  the  physical,
whether natural or human made and cultural character of the area.   Mandatory
public consultations pursuant to existing laws and regulations shall be held prior
to conduct of all  infrastructure projects that will  necessarily involve dislocation
or displacement of people in the area;
Provided, further that the proponent of the infrastructure project shall follow the
rules  on just and  humane  eviction  or demolition  under  Section  28  of the  RA
7279  as  a  last  resort,  notwithstanding  the  provisions  of  RA  8975,  prohibiting
lower courts from issuing temporary restraining orders,  preliminary injunctions,
or   preliminary   mandatory   injunctions,   and   that  the   proponent  shall   follow


provisions of RA 8371  particularly those pertaining to the rights of lps/lccs in
case of displacement.  Provided, finally That national government infrastructure
projects  shall  provide  budgetary  allocations  for  the  adequate  relocation  of
displaced communities.
See. 49. Infrastructure Projects Within Geo-Hazard Areas.  Construction of
priority   infrastructure   projects  within   hazard-prone   areas  shall   be   allowed:
Provided,   That   mitigating   and/or   preventive   measures   are   adopted   and
implemented  to  address  the  potential  adverse  economic,  socio-cultural,  and
environmental  impacts  that will  emanate  from  these  infrastructures  projects,
subject  to  the   findings   and   recommendations  of  a   feasibility   study/EIA  in
accordance with  Presidential Decree No.1586 (EIS System) and  Republic Act
No. 4846 or the "Cultural  Properties Preservation and  Protection Act "  Existing
projects   that  were   undertaken   without  the   required   environmental   impact
assessment and which pose a threat to the environment,  or to the integrity of
historic,  archaeological,  or scientifically significant areas,  or impinge on critical
ecosystems,   may  be  terminated  immediately,  or  gradually  phased-out  and
relocated,  or maintained  within  their life  span  subject.  However,  to  mitigating
measures: Provided. That the rules on mandatory public hearings/consultations
and just and humane eviction or demolition shall also be observed  prior to the
termination,  gradual  phase-out,  or  relocation  of  projects  that will  necessarily
involve dislocation or displacement of people in the area however.
CHAPTER IV:
PHYSICAL FRAMEWORK AND LAND USE PLAN
See. 50. National Land Use planning Process. The physical framework and
land  use planning  process shat be  participatory following  a  combined  bottom-
up   and   top-down   approach,   with   mandatory   public   hearings/consultations
conducted   at   all   levels   and   shall   consider   available   and   updated   multi-
disciplinary scientific information of land uses. A set of national policy guidelines
and  standards for physical  planning  shall  be formulated  by the  National  Land


Use Policy Council (NLUPC). These shall guide the preparation and formulation
of the  National  Physical  Framework  Plan,  Regional  and  Provincial  Physical
Framework  plans.These  standards  shall  give  due  consideration  to conflicting
uses   and   areas   being   used.   declared   or  designated   for  agrarian   reform
protected areas coastal resource management and or ancestral domains.The
National  Physical  Framework  Plan  (NPFP)  shall  define  the  national  strategy
and objectives of the country's  urban,  rural  and  regional development.  It shall
guide the rational distribution  of population,  access to economic opportunities
and  social  services,  sustainable  utilization  of resources,  and  maintenance  of
environmental integrity
Furthermore,  it shall consider the existing  Regional Physical  Framework Plans
(RPFPs)  and  Provincial  Physical  Framework Plans (PPFPs),The  RPFPS,  the
PPFPs   and   the   CLUPS,   which   cover   the   physical   development   of  their
respective  territories,  shall  be  consistent  with  the  NPFP  Provided,  That  the
integration and harmonization of physical framework plans at all levels shall be
iterative   to   ensure   that   the   concerns   of   both   top   and   bottom   levels   of
government  are  considered  in  the  NPFP,  RPFPs,  PPFPS  and  CLUPS.The
physical framework and land use plans prepared at all levels shall be consistent
with each other, specifically on the linkages of the major land use categories to
ensure their complementation in the utilization, development and management
of  resources.The  period  of coverage  of the  national,  regional  and  provincial
framework  plans  shall  be  thirty  (30)  years  with  regular  review  and  updating
every ten (10) years
Sec.  51.  National  Physical  Framework  plan.  The  NPFP  shall  guide  the
planning and  management of the country's land and other physical  resources
at the national and sub-national levels, and indicate broad spatial directions and
policy   guidelines   on   protection   land   use.   production   land   use,   settlement
development and  infrastructure development. The NPFP shall be the basis for
adopting   the   land   use   and   physical   planning-related   guidelines,   including
zoning  and  other land  use  control  standards that will  guide the formulation  of
city/municipal zoning ordinances,  The  NLUPC,  in consultation with concerned
sectors   and   communities   shall   update   the   NPFP   after   such   period   that


objectives and goals set by the NPFP have been substantially achieved lt shall
also  formulate  and  issue  the  appropriate  planning  guidelines  and  standards
through  which  all  physical  planning  land  use  and  management  of resources
shall be reviewed, prepared, formulated, and monitored. The resulting land use
plan/physical  framework  shall  be  the  basis  for the  identification.  Formulation
and development of national and  local development plans,  programs,  projects
and activities of government at all levels
See. 52. Regional Physical Framework plan. The RPFP shall provide broad
spatial directions and policy guidelines on protection land use,  production land
use,  settlement  development  and  infrastructure  development  at the  regional
level  and  guide  the  formulation  of the  PPFPS  The  RPFP  shall  consider  the
existing PPFPs and the CLUPS of LGUS within the territorial jurisdiction of the
region.The Regional  Land  Use Policy Council (RLUPC) created under Section
59  of  this  Act  shall  formulate  and  periodically  update  RPFP  based  on  the
guidelines issued by the NLUPC in a manner consistent with and following the
objective of the NPF.  Likewise, the Medium-Term  Regional  Development Plan
(MTRDP)  and  the  Medium-Term  Regional  Development  Investment  program
(MTRDIP) shall be guided  by and made consistent with objectives identified  in
the RPFP.
See. 53. Provincial Physical Framework Plan. The PPFP shall determine the
physical   development   of   the   entire   provincial   territory,    consolidate   and
harmonize   the   comprehensive   land   use   plans   of  component   cities   and
municipalities,  consistent with the  RPFP.  It shall  reflect the indicative  land  use
management and  physical  development direction  of the  province.Further,  the
PPFP shall serve as basis for other sectoral and development plans related to
land,  natural resources,  and infrastructure facilities,  including the development
plan of the province; the reconciliation and rationalization of land use proposals
among  component cities and  municipalities and with the high  level framework
plan,  guiding development agencies and private developers,  particularly those
that undertake large-scale projects; and providing a basis for resolving conflicts
arising  from  the  implementation  of land  use  plans  and  development  projects
involving two or more municipalities.


The   PPFP  shall   serve  as  the   basis  for  the   preparation   of  the   Provincial
Development  Plan  (PDP)  and  Provincial  Development  Investment  Program
(PDIP).  The  PPFP,   PDP,   PDIP  and/or  Provincial  Physical  Framework  and
Development  plan  (PPFDP)  shall  serve  as  the  basis  for  the  formulation  of
sectoral  action  plans  of national  government agencies  in  the  province  and  all
LGUS within its jurisdiction the province may opt to prepare their PDP alongside
the preparation of PPFP and  consolidate them  into a  PPFDP:  Provided.  That
PPFDP  shall  remain  consistent  with  the  PPFP  Provided  further.  That  any
review or changes in the  PPFP shall coincide with the over-all review process
of the NPFP
The Provincial Land Use Planning and Management Board (PLUPMB), created
under this Act shall  ensure that the  PPFP  is consistent with the  national  and
regional planning framework and guidelines issued by the NLUPC/RLUPC. The
PPFP  shall  be  presented  to  the  Provincial  Development  Council  (PDC)  for
endorsement to the Sangguniang Panlalawigan, which shall formally adopt and
approve the  PPFP  the  approved  PPFP  shall  be  submitted  to  the  RLUPC for
consolidation and  integration  into the  RPFP.  Under the general supervision of
the  PLUPMB.  the  Provincial   Planning  and   Development  Coordinator/Office
(PPDC/PPDO) shat provide technical, secretariat and administrative support in
the preparation consultation integration and formulation process of the PPFP
Sec.  54 City and  Municipal  Land  Use  Plans  (CLUPS). All  barangays  shall
provide their sectoral temporal and spatial data for the CLUP which shall serve
as the foundation for the formulation of the city/municipal CLUPs the data shall
be    provided    by    the    Sangguniang    Pambarangay    through    stakeholder
consultations. The Comprehensive Land  Use Plan (CLUP) shall determine the
specific uses of land and other physical and natural resources, both private and
public  within  their  territorial  jurisdiction  including  areas  co-managed  with  the
national  government  and  as  appropriate,   management  plans  for  ancestral
domains critical watersheds river basins and protected areas:


The CLUP shall delineate actual boundaries on the ground within the territorial
jurisdiction,  embody  the  desired  land  use  patterns  of  the  barangay,  city  or
municipality,  translate  and  integrate  sectoral  plans  and  provide  appropriate
policies for each of the four land use planning categories. The spatial directions
prescribe   in   the   CLUP  shall   serve   as  the   basis  for  the   preparation   and
formulation   of   the   Comprehensive   Development   Plan   (CDP)   and   Local
Development  Investment  Programs  (LDIP)  of  the  LGUs  Consistent  with  the
national  standards  and  guidelines  prescribed   in  Section  50,  the  cities  and
Municipalities  shall  in  consultation  with  the  concerned  sectors,  prepare  their
respective CLUPs
The  City/Municipal  Land  Use  Planning  and  Management  Board  (C/MLUPB),
created under this Act shall be responsible for the preparation and formulation
of the  CLUP  and  ensure  its  consistency  with  national  and  regional  physical
planning   guidelines   and   standards.   Under  the   general   supervision   of  the
respective     C/MLUPB,     the     City/Municipal     Planning     and     Development
Coordinator/Office   (C/MPDC/PDO)   shall   provide   technical,   secretariat  and
administrative    support    in    the    preparation,    consultation,    integration    and
formulation process of the  respective CLUPS of each city or municipality.  The
CLUPS  shall  be  submitted  by  the  city/municipal  local  development  councils
(LDC) for adoption and approval of the Sangguniang Bayan (SB). The approved
CLUPSs shall be submitted to the province for integration into the PPFP.
CHAPTER V
IMPLEMENT[NG STRUCTURE AND IVIECHANISM
See.  55. Creation of the National  Land  Use  Policy Council (NLUPC).  The
National  Land  Use Committee (NLUC)  under the  NEDA Board  (NB)  is hereby
abolished  and  in  its  stead,  the  NLUPC  shall  be  created.  It shall  exercise  the
powers and responsibilities identified  under this Act and assume the functions
of the  NEDA  Board-National  Land  Use  Committee  (NB-NLUC)  lt shall  further
exercise  the  powers  and  functions  pertaining  to  land  use  planning  vested  by


law on the HLURB except the following which shall remain as official functions
of the HLURB:
a.   Formulate land  use planning guidelines in the  preparation of the
CLUPS   and   zoning   ordinances   of  local   government  units   to
ensure compliance with the national policies. objectives, priorities
and directions set by the NLUPC,
b.   Provide  technical  and  other  forms  of  planning   assistance  to,
including  capacity building for local government units and zoning
boards; and,
c.   Act as the appellate body on decisions of local zoning bodies on
locational  clearance  applications  and/or oppositions thereto  and
other zoning issues involving private nights
The NLUPC shall act as the highest policy making  body on land  use and shall
resolve  land  Use  policy  conflicts  between  or  among  agencies,  branches,  or
levels of the government. It shall integrate efforts monitor developments relating
to land use and the evolution of polices
Sec.  56.  Composition  of the  NLUPC.  The  NLUPC  shall  be  headed  by  the
Secretary of the NEDA as Chairperson; it shall choose a Vice Chairperson from
among  the  members  of the  Council,  who  shall  assume  the  functions  of the
Chairperson  in  case  of absence.  The  NLUPC  shall  meet at least once every
quarter.
The members of the Council shall be the following:
a.   The Secretary of the Department of Agrarian Reform (DAR)
b.   The Secretary of the Department of Agriculture (DA)


c.   The  Secretary  of  the  Department  of  Environment  and  Natural
Resources (DENR)
d.   The    Secretary    of   the    Department    of    Interior    and    Local
Government (DILG)
e.   The Chairperson  of the  National  Commission  on the  Indigenous
Peoples (NCIP)
f.    The   Chairperson   of   the    Housing   and    Urban    Development
Coordinating Council  (HUDCC)
a.   The   Chief  Executive   Officer   of  the   Housing   and   Land   Use
Regulatory Board  (HLURB)
h.   The Administrator of National Mapping and Resource Information
Authority (NAMRIA):
i.    The President of the League of Cities of the Philippines (LCP):
j.    The  President of the  League  of Municipalities  of the  Philippines
(LMP);
k.   Two (2) representatives each from four (4) basic sectors directly
involved in land use. namely urban poor, peasants, fisherfolk, and
indigenous  peoples  who  shall  be  appointed  by  the  respective
National  Anti-Poverty  Commission  (NAPC)  sectoral  councils  of
the  eight  (8)  sectoral  representatives,  at  least  four  (4)  shall  be
women, provided that one of whom shall be from the Moro sector:
I.    Four (4)  representatives  from  the  developer's  associations,  the
accredited  associations  of  professionals  dealing  with  land  use
such   as,    but   not   limited   to,    urban   and   regional   planners,
environmental   planners,    architects,   geologists   and   geodetic
engineers, the business or private sectors and.


in. The  Head  of the  NLUPC  Secretariat who  shall  be  a  non-voting
ex-offlcio member
The members of the Council who are Cabinet Secretaries may designate their
duty authorized and  permanent representatives whose  ranks shall  in  no case
be lower than Undersecretary
See.  57.  Powers and  Functions of the  NLUPC.  The  NLUPC shall  have the
following powers and functions:
a.   Guide   the   determination   and    identification   of   the   country's
strategic land use development and physical planning objectives,
priorities  and   direction,   as  well   as   recommend   the  adoption,
passage,  or amendment of laws to ensure that plans,  programs,
projects   and   activities,    including   local   government   initiatives
affecting   land   use   are   consistent  with   national   development
objectives.
b.   Formulate   the    necessary    national    policy    guidelines    in    the
preparation  of the  country's  physical  framework plans,  including
the  setting  of  limits/target  key  land  uses  needed  for  protection,
production,  settlements and  infrastructure for present and future
needs,
c.   Ensure  that  policies,  guidelines  and  standards  on  land  use  and
physical   planning.   including   zoning   shall   be   followed   by   the
RLUPC,  local land use boards and concerned national agencies,
and  that the  RPFP  PPFP AND  CLUPS  shall  be  consistent with
the NPFP
d.   Ensure   the   consistency   of   other   national   development   and
sectoral    plans    and    programs,    including    the    medium-term


Philippine    Development   Plan    (PDP)   and    Public   Investment
Program (PIP), with the NPFP
e.   Integrate and harmonize all laws and policies relevant to land use
in order to come up with a rational, cohesive and comprehensive
national   land  use  framework  and  if  warranted  recommend  to
Congress the adoption, passage or amendment of laws to ensure
that   sectoral    plans,    projects    and    activities,    including    local
government   initiatives   affecting   land   use   are   consistent  with
national development objectives;
f.    Resolve   policy   conflicts   on   land   uses   between   or   among
agencies, branches, or levels of government and unresolved land
use policy conflicts at the regional level,
9.   Issue locational clearances for projects of national significance;
h.   Call on any department, bureau, office, agency, or instrumentality
of  the  government  and  or  private  entities  and  organization  for
cooperation,  support,  and  assistance  in  the  performance  of its
functions.
i.     Review the NPFp every ten (10) years.
j.    Advise the  President of the  Philippines  and  the  NEDA board  on
all matters concerning land use and physical planning,
k.   Adopt rules of procedures for the orderly and expeditious conduct
of meetings and other business of the council, and
I.    Perform  such  other acts  and  functions  and  exercise  such  other
powers  as  may  be   necessarily  implied,   inherent,   incident,   or
related to the foregoing


See. 58. NLUPC Secretariat. The existing unit of the NEDA in charge of Land
Use and  Physical  planning  Division shall act as the  NLUPC Secretariat which
shall   perform  functions  such  as,   but  not  limited  to,   managing   information,
gathering of data,  coordinate the monitoring of government agencies and local
government units, ensuring multi-stakeholder participation towards formation of
local  land  use  policy boards,  sharing of database and  mapping  systems.  and
reinforcing relevant assessment tools and capability building programs
CHAPTER Vl
REGIONAL AND LOCAL LAND USE POLICY BODIES
See. 59.  Regional Land Use Policy Council (RLUPC). At the regional level,
the Regional Land Use Committee (RLUC) is hereby abolished and in its stead,
the  RLUPC  shall  be  created  the  RLUPC  shall  be  institutionalized,  replicating
the   NLUPC   structure   and   composition.   It  shall   be   chaired   by   the   NEDA
Regional  Director and shall exercise the following functions:
a.   Formulate  regional  policies  and  guidelines which  are  consistent
with the national planning guidelines issued by the NLUPC in the
preparation  and  formulation  of the  respective  provincial  physical
planning  and  comprehensive  land  use  plans of LGUs within the
jurisdiction
b.   Prepare    and     periodically    update    the     RPFP,     taking     into
consideration national polices and lower level plans.
c.   Review, prior to adoption by respective Sanggunians, the PPFPs
and  CLUPS  of  highly  urbanized  and  independent  component
cities to ensure consistency with the  RPFP and  national  policies
set forth by NLuPC


d.   Decide   and   resolve   policy   conflicts   on   land   use   planning,
classification,  and  allocation  that  may  arise  between  or  among
regional line agencies,  provinces and cities/ municipalities.
e.   Monitor changes in  land  use and other physical resources in the
region.
f.    Coordinate  and  monitor  the  land  use  activities  of  regional  line
agencies and  LGUs:
a.   Evaluate consistency of major programs and projects of regional
agencies and entities with the RPFP and their impact on land use
and the environment, and
h.   Perform   other   related   functions   as   may   be   directed   by   the
NLUPC.
In forest land  use management,  where the watershed  area/continuum covers
several   municipalities   across   different   provinces,   an   inter-LGU   task   force
composed of representatives from  RLUPC and the concerned  MLGUs where
the watershed area is located shall be formed.With the assistance of the DENR
and  upon  mandatory consultations with the concerned  sectors,  the inter-LGU
task  force  shall  formulate  the  Watershed   Management  plan  for  the  said
watershed area
Sec. 60. Provincial Land Use Planning and lvlanagement Board (PLUPMB).
The Provincial Land Use Committee (PLUG) is hereby abolished.The Provincial
Land  Use  Planning  and  Management  Board  or  (PLUPMB)  is  created  in  all
provinces  under this Act to oversee the preparation,  integration,  adoption  and
approval  of the  Provincial  Physical  Framework  Plan  (PPFP)  and  shall  ensure
its  consistency with  approved  national  and  regional  planning  guidelines.  The
PLUPMB shall also  be directly responsible for the effective  management and
implementation of the approved PPFP and ensure that any existing and future
development initiatives,  programs and projects introduced within its jurisdiction


are consistent with and supportive of the land use resource management and
physical planning objectives, directions and character identified in the approved
PPFP
See. 61. Powers and Responsibilities of the Provincial Land Use planning
and Ivlanagement Board. The following are the powers and responsibilities of
the PLUPMB:
a.   Formulate    necessary    provincial    planning    guidelines    and/or
implementing  policies for the  preparation  and  formulation  of the
respective CLUPS within its jurisdiction consistent with approved
national and  regional planning policies and guidelines,
b.   Submit  to  the  PDC  the  draft  CLUP  for  its  transmission  to  the
Sanggunian Panlalawigan and for the PDC to use it as reference
for  consistency  and  complementation  with  other  development
plans.
c.   Review     monitor     and      assess     the      implementation      and
operationalization of the approved CLUP and its consistency with
physical planning and land use management objectives and goals
identified  in the CLUP
d.   After an appropriate period of time or upon instruction and advice
by  the  NLUPC,  conduct  and  initiate  a  progress  review  of  the
PPFP and the achievement of its stated objectives and goals and
update the PPFP
e.   Decide   and   resolve   policy   conflicts   on   land   use   planning,
classification,  and  allocation  that  may  arise  between  or  among
cities/municipalities and facilitate the resolution of any unresolved
land   use  conflict,   including   political   boundary  conflicts,   at  the
city/municipality level


f.    Advice the  Sangguniang  Panlalawigan  on  all  matters  pertaining
to land use and physical planning:
9.   Promote  cooperation  and   sharing  of  resources  between   and
among  component  LGUs  of  the  province  or  with  neighboring
LGUs  to  address  common  land  use  and  development  issues
including  those  related  to  geo-physical  hazards,  watershed  and
river  basin   management  coastal   and   marine   waters,   climate
change impact and disaster risks; and
h.   Assist the Sangguniang  Panlalawigan in reviewing the submitted
CLUPS of component cities/ municipalities to ensure consistency
with the Provincial Physical Framework Plan.
ln cases where the watershed areas transcend the boundaries of a  particular
municipality,   an   inter-LGU   task   force   composed   of   representatives   from
PLUPMB of the MLGUS where the watershed area is located shall be formed
See. 62. Composition of the PLUPIVIB. The  PLUPMB shall  be composed of
the  following  fifteen  (15)  members  to  be  selected  based  on  the  rules  to  be
formulated by the NLUPC as provided in this Act:
a.   The Provincial Planning and Development Coordinator (PPDC).
b.   The   Chairperson   of  Sanggunian   Panlalawigan   Committee   on
Environment and  Natural resources
c.   The Provincial Chapter President-League of Municipalities and/or
League of Cities:
d.   The Provincial Agrarian Reform Officer (PARO):
e.   The    Provincial    Environment   and    Natural    Resources    Officer
(PENRO).


f.    The  Provincial Agricultural Officer (PAO).
a.   The NCIP Provincial Officer
h.   The  HLURB Regional Officer
i.    Three   (3)   representatives  from   the   local   business  or  private
sector,  the  developer's  association  and  accredited  associations
of professionals dealing with land use such as,  but not limited to,
urban and regional planners, environmental planners,  architects,
geologists,  geodetic engineers,  and chamber of commerce, who
shall   be  appointed  from   among   the  accredited   organizations
within their respective development councils;
j.    Four  (4)  representatives  from  the  basic  sector  groups  (urban
poor,  fisherfolk,  farmers.  Indigenous  peoples  Provided.  That  at
least two  representatives  shall  be women;  Provided  further that
the representatives shall be appointed from among the accredited
Organizations    within    their    respective    development   councils
Provided finally That in Predominantly Muslim areas one of whom
shall be from the Moro sector and
k.   The   Designated   Board   Chairperson  to  be  chosen  among  the
members
Except   for   ex-official   members,   the   members   of   the   PLUPMB   shall   be
appointed  for a term  of three  (3) years,  subject however to the elected  office
held,    government   employment    and/or   official    designation    of   the    local
government    unit,    national    agency    and/or    local    business/private    sector
association  or  basic  sector  group  representation  in  the  board,  The  NLUPC,
within  ninety (90) days from  its establishment,  shall formulate the rules for the
selection of the Chairperson and the members in the PLUPMB.  The Provincial
Planning    and    Development    Coordinator/Office    (PPOC/O)    shall    provide


technical secretariat and administrative support and resources for the effective
operation of the PLUPMB.
Aside  from  the  PPDO,  the  PLUPMB  may  call  upon  other  local  and  national
government offices  and  agencies  such  as the  local  Engineer,  Assessor,  and
local field representatives of the DA, DPWH, DOTC, DOT, DENR, DAR,  DECS,
NCIP  and  other  concerned  national  agencies  to  assist  the  PLUPMB  in  the
performance  of  its  roles  and  mandates  the  appropriations  for  the  regular
operation and activities of the PLUPMB shall be included in the annual budget
proposal  of the  PPDO:  Provided.  That  other funds  and  resources,  including
grants, applicable service fees and charges collected, contributions, donations,
and  other funds to support its operations and  activities  may  be accepted  and
received by the PLUPMB subject to existing auditing and reporting procedures.
See.   63.   City/Municipal   Land   Use   Planning   and   Management   Board
(C/MLUPMB). A City/Municipal Land Use Planning and Management Board or
(C/MLUPMB)  is  hereby  created  under this Act  in  all  municipalities  and  cities,
including  highly  urbanized  and  component  cities,  to  oversee  the  preparation,
integration, adoption and approval of their respective Comprehensive Land Use
Plans   (CLUPS).    It   shall   issue   a   Certificate   of   Compliance   prior   to   the
submission of the CLUP to the Sanggunian to ensure the consistency of such
plans with  approved  national,  regional and  provincial  planning guidelines.  The
C/MLUPMB shall also be directly responsible for the effective management and
implementation of the approved CLUP and for ensuring that existing and future
local  policies,  including  zoning  ordinances,  development  initiatives,  programs
and projects introduced within its jurisdiction are consistent with and supportive
of  the   land   use   resource   management  and   physical   planning   objectives,
directions and character identified by the approved CLUP
See.  64.  Powers  and  Responsibilities  of  the  City/Municipal  Land  Use
Planning   and   Management   Board.   The   C/MLUPMB   shall   exercise   the
following powers and functions


a.   Ensure  the  inclusion  of  the  input  of  the  barangays  within  the
jurisdiction    of   the    respective    City/Municipality    on    sectoral,
temporal  and  spatial  dimensions  of the plan  and  its  consistency
with    approved    national,     regional,     and    provincial    planning
guidelines
b.   Review,      monitor     and     assess     the     implementation     and
operationalization of the approved CLUP and its consistency with
physical planning and land use management objectives and goals
identified in the CLUP,
c.   Issue a Certificate of Compliance to the Sanggunian as proof that
the CLUP is compliant with  national  land  use policies,  guidelines
and standards
d.   Submit  to  the  LDC  the  draft  CLUP  for  its  transmission  to  the
Sanggunian and for the LDC to use it as basis for consistency and
complementation with other development plans,
e.   Decide   and   resolve   policy   conflicts   on   land    use   planning,
classification,  and  allocation  that  may  arise  between  or  among
barangays and facilitate the resolution of any unresolved land use
conflict,  including boundary conflicts,  involving  barangays,
f.    Based on the CLUP, review and endorse for approval/disapproval
applications for locational clearances, building and zoning permits
and/or another planning-related requirement for any project.  both
private and public, that is submitted to the LGU for issuance
9.   Advise the Sangguniang  Bayan on all  matters  pertaining  to land
use and physical planning;  and,
h.   Promote  cooperation  and  sharing  of  resources  between   and
among its barangays and neighboring LGUs to address common


land use and development issues including those related to geo-
physical   hazards,   watershed   and   river   basins,   coastal   and
manner waters, climate change impact and disaster risks.
See. 65. Composition of the C/MLUPMB the C/MLUMPPB shall be composed
of the following thirteen (13) members and shall be headed by a Chairperson:
a.   The    City/Municipal    Planning    and    Development    Coordinator
(C/MPDC).
b.   The Chairperson, Sanggunian Bayan Committee on Environment
and  Natural  Resources.
c.   The President of the Association of Barangay Captains (ABC):
d.   The Municipal Agrarian Reform Officer (MARO).
e.   The     LGU     Environment     and     Natural     Resources     Officer
(City/Municipal  ENRO),
f.    The Municipal Agriculture Office (MAO).
a.  Three (3) representatives from the local business/private sector,
the developers' associations,  and the accredited  associations of
professionals  dealing  with  land  use  such  as,  but  not  limited  to,
urban and  regional planners,  environmental planners,  architects,
geologists  and  geodetic engineers;  and  association/chamber of
commerce,  who  shall  be  appointed  from  among  the  accredited
organizations within their respective development councils
h.   Four  (4)  representatives  from  the  basic  sector  groups  (urban
poor, fisherfolk, farmers and indigenous peoples),  Provided. That
at  least two  representatives  shall  be  women;  Provided,  further,
that  the   representatives  shall   be   appointed   from   among   the
accredited   organizations   within   their   respective   development


councils;  Provided finally, that in predominantly Muslim areas one
of whom shall be from the Moro sector, and
i.    The  Designated  Board  Chairperson  to  be  chosen  among  the
members
Except  for  ex-officio   members,   the   members  of  the  C/MLUPMB  shall   be
appointed  to  a  term  of three  (3)  years,  subject  however to  the  elected  office
held    government    employment    and/or    official    designation    in    the    local
government    unit,    national    agency    and/or   local    business/private    sector
association  or  basic  sector  group  representation  in  the  board.  The  NLUPC
within  ninety (90) days from its establishment,  shall formulate the  rules for the
selection    of    the    Chairperson    and    members    of    the    CMLUPMB.The
City/Municipal planning and Development Coordinator/Office (CMPOC/O) shaH
provide technical secretariat and administrative support and  resources for the
effective operation of the CMLUMPPB
Aside  from  the  C/MPOO/C,  the  C/MLUPMB  may  call  upon  other  local  and
national   government   offices   and   agencies   such   as   the   local   Engineer,
Assessor,   and  local  field  representatives  of  the  DA,   DPWH,   DOTC,   DOT,
DENR,   DAR,   DECS  and  other  concerned  national  agencies  to  assist  the
C/MLUPMB in the performance of its roles and mandates
The  annual  appropriations  for the  operation  and  activities  of the  C/MLUPMB
shall   be   included   in   12   the   annual   budget  proposal   of  the   City/Municipal
planning and Development Office/Coordinator.  Provided. That other funds and
resources,  including  grants,  applicable  service  fees  and  charges  collected,
contributions, donators,  and other funds to support its operations and activities
may be accepted and received by the PLUPMB subject to existing auditing and
reporting procedures.
Local government units shall create and/or activate their respective C/MLUPMB
upon guidelines  Issued  by the  NLUPC for such  purposes not later with  six (6)
months from the effectivity of this Act


CHAPTER VII
ADOPTION. APPROVAL AND REVIEW 0F LOCAL LAND USE AND
PHYSICAL FRAMEWORK PLANS
See. 66. Approval and Review of PPFP and CLUPs. The PPFP and CLUPs of
the respective city/municipal LGUs,  including highly urbanized cites and
independent component cities shall be submitted by the local land use boards
to the LDCs for transmission to the local Sanggunian for approval
Sec. 67. Approval of RPFP and NPFP. The RPFP and NPFP shall be submitted
for  review  and  approval  of the  RLUPC  and  NLUPC,  respectively,  upon  the
conduct of appropriate stakeholder and  agency consultations:  Provided.  That
such  processes  and  guidelines  shall  be  prepared  and  issued  by the  NLUPC
within six (6) months from effectivity of this Act
CHAPTER VIIl
±±APPING AND DATA MANAGEIVIENT FOR LAND USE PLANNING
Sec,   68.   National   Ivlapping   and   Spatial   Data   Infrastructure   Program
(NMSDIP).    A  national  mapping  program  shall  be  implemented,  coordinated
and monitored by the Inter-Agency Technical Committee (lTC) which is hereby
created.    It   shall   be   composed   of   the   National   Mapping   And   Resource
Information Authority  (NAMRIA)  as the  lead  agency,  the  Bureau  of Soils  and
Water Management (BSWM), the Forest Management Bureau (FMB), the Land
Management   Bureau   (LMB),   the   Land   Registration   Authority   (LRA),   the
Protected  Areas  And  Wildlife  Bureau  (PAWB),  the  Mines  And  Geoscience
Bureau    (MGB),    the   Philippine    Institute   of   Volcanology   and   Seismology
(PHIVOLCS),   the   Department   of  Agrarian   Reform   (DAR)   Department   of
Agriculture   (DA)   National   Commission   on   indigenous   people   (NCIP)   the
National Water Resources Board (NWRB) the department of Energy (DOE) the


National  Disaster  Risk  Reduction  and  Management  Council  (NDRRMC)  the
National   Economic   Development   Authority   (NEDA)   and   other   concerned
government  agencies.  The  lTC  shall  be  Constituted  and  the  mapping  and
spatial data infrastructure program shall be initiated within.thirty (30) days from
the effectivity of this Act.  The  program  shall  be  responsible for the  production
of base  and  decision  maps and  associated  spatial databases for all  planning
levels based on the guidelines of NLUPC
Under the program,  all government stakeholders concerned  in the production
of  maps  of various  themes  shall  collaboratively  formulate  the  government's
spatial     data     infrastructure     master    plan     and     respective     government
agency/stakeholders' spatial data infrastructure  plans which shall  be the basis
for subsequent funding  and eventual project implementation and/or operation.
All pertinent and updated thematic maps/date from supporting agencies of the
program  shall  be  submitted  to  NAMRIA for compilation  and  integration  into  a
national geospatial database established under the program.
The  NAMRIA shall finish  its base mapping  program within two  (2) years upon
the   effectivity   of   this   Act   and   provide   updates   thereof   to   support   the
implementation  of the  spatial  data  16  infrastructure  program.The  spatial  and
non-spatial data generated by these activities shall  be transmitted  to the  LGU
as soon as practicable.  Existing land  information data available to the national
government  agencies  as  of  the  effectivity  of  this  Act  shall  be  immediately
transmitted  to  the  LGUs.For  purposes  of  uniformity  and  standardization,  the
LGUs,  assisted by the appropriate agencies of the national government,  shall
likewise   prepare   their  respective   maps   using   scales,   symbols,   and   other
indicators to  be  prescribed  in accordance with this Act.  The  completed  maps
shall be integrated in the National Physical Framework Plan pursuant to section
51  of this act
Sec. 69.  Maps for Planning.  Within  one  (1) year after the  NLUPC's approval
of the  Guidelines  and  Standards  for planning  at all  levels,  available  NAMRIA
maps and all maps made available to NAMRIA by supporting agencies shall be
submitted   to   the   NLUPC   for   national,   provincial,   cities   and   municipalities


planning  The  NLUPC  shall  forward  these  maps  to  the  respective  PLUPMBS
and C/MLUPMBS after it has reviewed and approved them.  Pertinent maps to
be produced through the NMSDIP shall include, among others:
a.   Topographic Maps
b.   Geologic Maps,
c.   Hydrologic Maps
d.   climate Maps,
e.   Soils Maps
f.    SlopeMaps
9.   Mineral Resource Maps,
h.   Existing Land  Use Maps
i.     Land  suitability for
1.             Settlements
2.              Agriculture
3.              Industrial areas
4.             Others
j.    Agricultural Maps
1.              Network  of  Protected  Areas  for  Agricultural   and
Agro-Industrial  Development:
2.             Commodity specific Development Guide Maps,
3.               Land  Limitation Maps,
4.            Cropping system zones Maps,
5.              Hydro-ecological conditions Map.
6[              Irrigation systems Maps:
k.   Land Classification Maps
I.    Municipal Waters Delineation Maps and MPAs,
in. Geo-Hazard Maps:
1.
2,
3-
4.
5.
Flood Prone Areas,
Hazard Zonation Maps for Volcanoes,
Map of Fault Systems,
Tsunami Prone Areas,
Erosion Prone Areas
n.   Tourism Maps


o.   Transportation Maps
p.   Traffic Flow
q.   Maps Designating Areas Served by
1.             Power
2.              Tele-communications
3.            Water
r.    Maps indication the following facilities
1.               Health
2.              Education
3.             Power
s.   Domestic water supply
t.    Industrial Areas
u.   Population  Distribution Map
v.   Ancestral Domain Map
w.  NIPAS Areas
x.   Areas Suitable for Urban Expansion
y.   Watershed Areas
z.   Forest Lands
1.             Protection Areas
2.             Production Areas
3.             Restoration Areas
a.   Key Biodiversity Areas
b.   Manne Protected Areas
See,  70.  Ground  Delineation  of  the  Country.s  Permanent  Forest  Line
Pursuant   to   the   Constitution   and   as   provided   under   this   Act,   the   final
determination  and  ground  delineation  of the  country's  permanent  forest  line
shall be completed within one (1 ) year from the effectivity of this Act.  Provided,
That appropriations for the  fulfillment of this  provision  shall  be  included  in  the
annual appropriations of the DENR, Provided, Further, That the complete report
of the delineation  of the  country's  permanent forest line  shall  be  submitted  to
the   NLUPC  for  appropriate   integration   in   the  country's  strategic  land   use
development plan and policies


See.  71.  Completion  and  Updating  of  Existing  Cadastral  Surveys.  The
completion  of  incomplete  cadastral   surveys  of  LGUs  and  the   updating   of
existing surveys shall be given priority consideration and allocation of resources
in   the   implementation   of  this   Act.   The   DENR   shall   include   in   its   annual
appropriations  the  completion  and   updating   of  all   incomplete  and   existing
cadastral surveys of all  LGUs in the country.  Provided, That such surveys and
maps  shall  be  integrated  into  the  national  spatial  database  information  and
mapping  system.  In cases of ancestral domains,  self-delineation by  lccs/lps
of their ancestral lands shall be Employed to determine a boundary as provided
for under RA 8371
Sec.  72.  Ground  Delineation  of  Land  Use.    For effective  planning  to  take
place  at the  local  level and  for easy enforcement of the Zoning  Ordinance of
each  city/municipality,  land  uses  must be  identifiable both on the map and  on
the  ground.  A Joint Committee  comprised  of the  LGU,  as  represented  by  its
MCLUPMB,. and of the national government agency concerned, to be assisted
by the CAMPDC, shall identify and delineate on the ground the land uses within
their jurisdiction. The following shall be given priority:
a.   Forest Lands
1.   Protection
2.   Production
b.   Ancestral Domains
c.   NIPAS Areas
1.   Strict Protection Zone
2.   Multiple  Use Zone
d.  Watershed Areas
1.    Critical
2.    Multiple  Use
e.   Network  of  Protected  Areas  for Agricultural  and  Agro-industrial
Development (NPARAD)
f.    Socialized Housing Sites and Settlement Expansion Areas
9.   Extents of Environmentally Constrained Areas
h.   Easement Areas


i.    Critical coastal areas
1.   Mangroves
2.   Seagrass
Critical marine resources should also be delineated both on the map and
in the water perimeters of critical offshore areas,  such as coral  reefs,  shall  be
marked in accordance with the coastal resource management plan concerned.
All   maps   shall   be   updated   as  new  important  information   and  data
become available or as Determined by urgent need. Updating of maps shall be
undertaken not more often than every Ten (10) years
See. 73. National Geo-hazard Mapping Program within thirty (30) days from
the effectivity of this Act.  A nationwide geo-hazard  mapping  program  shall  be
initiated   jointly   through    the    NLUPC    by   the    PHIVOLCS,    the    Philippine
Atmospheric     Geophysical     and     Astronomical     Services     Administration
(PAGABA),  the NAMRIA, the Mines and Geosciences Bureau  (MGB),  and the
DOE,  in coordination with the NDRRMC, the Regional Disaster Risk Reduction
Management   Councils   and   other   concerned   government   agencies.   The
program shall include the generation of indicative geo-hazard zoning maps that
will  outline areas  in  the  Philippines which  are  prone to  liquefaction,  landslides
flooding,   Iahar,   ground   rupturing,   tsunami,   river   erosion,   coastal   erosion.
sinkhole collapse earthquake, lava flow, pyroclastic flow, base surge, and other
natural hazards.
For purposes of uniformity and  standardization  and  in  order to develop
a   safe-built   environment,   the   LGUS   shall   subsequently   incorporate   and
integrate the generated  geo-hazard zoning maps into their respective CLUPs
and  ZOs.  Said  geo-hazard  maps shall  serve  as guide  for all  the  LGUs  in  the
preparation  of their  own  hazards-constrained  development  plans  The  NPFP
shall incorporate these geo-hazard maps.
All  entities  conducting  infrastructure  activities  including  real  estate  and
subdivision  projects  and  the  development  of tourist  spots  requiring  an  ECC


shall  submit an  Engineering  Geological  and  Geo-hazard  Assessment  Report
(EGGAR)
Sec.   74.   Scope   and   Nature   of   Responsibilities   of   Other   National
Government Agencies.  All  concerned  national  government agencies/bodies
shall    periodically    report   to    the    NLUPC    on    the    various    activities    and
accomplishments  on  land  use.   Likewise,  they  shall  provide  their  respective
sectoral/development plans and provide technical and administrative support if
called upon by the NLUPC for the implementation of the provisions of this Act
Sec. 75. Submission of Annual  Report on the lmplementation of CLUPs
and  Zos.  The  local  land  use  boards  shall  submit  their  annual  report  on  the
implementation  of their  land  use  plans  to  their  respective  Sanggunian  which
shall  submit  the  same  to  the  RLUPCS  for  consolidation  The  RLUPC  shall
thereafter transmit the  consolidated  reports to the  NLUPC for monitoring  and
evaluation
CHAPTER IX
|RAINING] EDUCATION AND VALUES FORMATION
Sec. 76. Values  Formation.  In order to develop a well-informed,  responsible
and    committed    citizenry    who    value    the    protection,    conservation    and
development  of the  country's  limited  land,  and  other  physical  resources,  the
State  shall  mandate  the  inclusion  of  sustainable  land  use  education  or  any
subject  related  thereto   in  the  curricula   of  primary,   secondary  and  tertiary
education
See.   77.   Information/Education   Campaign   and   Capacity   Building   the
NLUPC shall  undertake a nationwide information/education campaign on  land
use and physical planning to be implemented by local and national government
agencies.  The DILG and concerned agencies shall formulate and implement a
land   use   management   capability   building   program   for   national   and   local


government officials,  community leader's  representatives of NGOs,  POS,  the
religious sector, and the general public
CHAPTER X
LtycENTIVES. SANCTIONS AND PENALTIES
Article I
Incentives and Awards
See. 78. Formulation of a System of Incentives and Awards. The NLUPC
shall  come  up with  a  system  of incentives and  awards to  LGUs that regularly
update their CLUPAVZOs once every eight (8) years
See.  79.  Priority  in  Giving  Technical  Assistance  to  LGUs.   In  providing
technical   assistance   and   other   forms   of   support   related   to   land    use
management and  implementation  of development plans  national  government
agencies  shall  give  priority  to  cities  and  municipalities  with  approved  CLUPs
and ZOs.
Article  11
Sanctions and Penalties
Sec.  80.  Fine for Failure to Commence or Complete the Development of
Agricultural Lands with Approved Conversion Order. For agricultural lands
with approved conversion orders, the provisions of Republic Act 6657 (CARL),
as  amended   by   Republic  Act  9700,   shall   apply.   A  landowner  and/or  the
designated developer or duly authorized representative who fail to commence
and/or complete the development plan defined in the conversion order shall be
jointly and severally penalized. The following fines based on the zonal value or
the fair market value of the  land,  whichever is higher at the time the fine shall
be imposed:


a.   Failure  to  commence  within  three  (3)  years  from  the  date  of  the
conversion order:
1.   Three percent (30/o) for the first three (3) hectares.
2.   Ten percent (10 %) for the next three (3) hectares; and
3.   Fifteen percent (15 %) for the remaining area
ln such  case,  the order of conversion  shall  be  revoked  by operation  of
law. The land shall revert to its original use as agricultural land and may
be  covered  by the  DAR through  compulsory  acquisition  for distribution
to qualified  beneficiaries.
b.   Failure to complete sixty percent (600/o) of the approved conversion
plan  within   a   specified   time  frame   shall   result  to  the   automatic
revocation  by the  DAR  of the  conversion  plan  on  the  undeveloped
portion  the  land  shall  be  reverted  to  its  original  use  as  agricultural
land and may be covered under the CARP for land distribution
Sec. 81.  Persons Abetting illegal Conversion. Any person initiating, causing,
inducing,   or  abetting   legal   conversion   with   intent   shall   be   punished   with
imprisonment or a fine in  accordance with Act No 3815 or Republic Act 3019,
or both at the discretion of the court.
If  the  offender  is  a   public  official  or  employee,  whether  elected   or
appointed, the penalty shall also include dismissal from service, forfeiture of all
benefits   and   entitlements   accruing   to   the   public   position   and   perpetual
disqualification to run or apply for any elective or appointive public office.
lf the  offender  is  a juridical  person.  The  penalty  of imprisonment shall
imposed on the President, chief executive officer, manager, chairperson and all
the   members   of  the   board   and   Other   responsible   officers   thereof.   The
impossible fine shall be equivalent to the zonal value of the land or forty percent
(40%)  of the  shareholders  equity,  whichever is  higher.  Furthermore,  the  land
shall  be  forfeited  in  favor  of  the  State  and  sold  through  public  action.  The
proceeds of the sale shall automatically secure to the Agrarian Reform Fund.


See. 82. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding  the  Limit  of Areas  Allowed  for  Reclassification.  Any  person
initiating,  causing,  Inducing,  or abetting  the  reclassification to  non-agricultural
uses  of protected  agricultural  areas  as defined  in  Section  13  hereof shall  be
penalized with imprisonment of twelve (12) years or a fine of not less than One
hundred thousand Pesos (P100,000.00), or both at the discretion of the court.
If  the  offender  is  a   public  official  or  employee,   whether  elected   or
appointed,  the  penalty  shall  also  include  dismissal  from  service,  forfeiture  of
entitlements accruing to the public position, and perpetual disqualification to run
or apply for any elective or appointive public position.
If the offender is a juridical person, the penalty shall be imposed on the
president,  chief executive officer,  manager,  chairperson  and  all the  members
of the board, and other responsible officers thereof
The same penalty shall be applicable to persons who will be responsible
for exceeding  the  limits  set forth  under Section  20  of the  Local  Government
Code pertaining to reclassification of lands.
See.  83.  Payment  of  Disturbance  Compensation.  Following  the  order  of
priority stated in Section 22 of RA 6657,  as amended by RA. 9700, agricultural
lessees and share tenants. regular farm workers, seasonal farm workers, other
farm   workers,   actual   tillers   or   occupants   of   public   lands,   collective,   or
cooperative of the above beneficiaries,  and others directly working on the and
affected by agricultural land use conversion, shall be entitled to the payment of
disturbance compensation equivalent to five (5) times the average of the gross
harvests on the  landholding  during  the  preceding  five  (5)  calendar years  or a
certain percentage of the converted land whichever is higher as determined by
the DAR
See.  84.  Authority  to  impose  Fine.  The  DAR  shall  have  the  authority  to
impose the fines provided under the preceding Sections 80, 81, 82 and 83.


See. 85, Withdrawal of Local Development Permits and/or Licenses. Upon
receipt  of notice  from  the  DAR,  the  concerned  agencies,  city  or  municipality
shall withdraw and/or revoke any development permit and/or other licenses that
may be necessary to develop the agricultural land subject of conversion
See. 86 Utilization of Fines The fines collected under Section 84 hereof shall
automatically accrue to the Agrarian Reform Fund consistent with the provision
of the Comprehensive Agrarian Reform Law
Sec. 87. Failure to Formulate, Implement and/or Enforce the CLUPS and
Zoning  Ordinances  (ZOs).  Consistent  with  due  process,   the   NLUPC,   in
coordination with the DILG, shall evaluate,  review, and recommend the filing of
charges against local chief executives and other local officials and employees
responsible  for  the  formulation,   implementation  and/or  enforcement  of  the
CLUPS for the following acts:
a.   Failure of the CLUPS/ZOS to conform to the guidelines  provided  in
the NPFP
b.   Failure   to   complete   the   preparation   of   the   CLUP   despite   the
availability   of  funds,resources,   and   support   by   the   Sanggunian
concerned.
c.   Failure   to   provide   appropriate   budgetary   allocation   to   affect   its
implementation and
d.   Failure to implement and enforce the CLUP/ZO due to negligence of
duty
Any  public  official  or employee,  whether elected,  appointed  or  holding
office/employment  in  a  Casual,  temporary  holdover,   permanent,   or  regular
capacity,   found  to   be  responsible  for  any  of  the  foregoing   acts,   shall   be
punished with forfeiture of salaries and allowances,  and suspension from
a.   Three (3) to six (6) months, in case of non-completion of the CLUP:
Or


b.   Three  (3)  to  six  (6)  months,  in  case  of  non-conformity  with  the
NPFP,
c.   Six  (6)  to  nine  (9)  months,  in  case  of non-implementation  of the
CLUP
Failure to  comply with the  provisions of RA 8371  on  the formulation  of CLUP
shall be penalized according to Section 72 of the RA 8371
See. 88. Illegal Conversion of City or lvlunicipal Parks, Communal Forests,
and  Tree  Parks  in  Subdivisions.  Penalties  in  the  amount  of One  hundred
thousand     pesos     (P100,000.00)     to     Five     hundred     thousand     Pesos
(P500,000.00),  or imprisonment of six (6) years and one (1 ) day to twelve (12)
years,  or both,  at the discretion  of the court shall  be  imposed for each  of the
following offenses:
a.   IIlegally  converting  or  causing  the  conversion  of  a  city/municipal
park,     communal    forest.     or    tree    parks    within    subdivisions
established pursuant to Presidential  Decree No. 953,  requiring the
planting  of  trees  in  certain  places,  into  other  uses  including  the
construction of permanent buildings:
b.   Destroying or causing damage to the timber lands and other forest
products found in the abovementioned forest and parks,
c.   Setting the above-mentioned forest and parks on fire, or negligently
permitting a fire to be set therein and
d.   Assisting aiding or abetting another person to commit the offenses
stated in this Section.
The  offender  shall  likewise  be  imposed  a  line  equivalent  to  eight  (8)
times   the   commercial   value   36   of  the   forest   products   destroyed   without
prejudice  to  payment  of  the  full  cost  of  rehabilitation  of  37  the  areas  as
determined by the DENR


The  maximum  penalty  prescribed  shall  be  imposed  upon  the  offender
who  repeats  the  same  offense,  and  double  the  maximum  penalty  upon  the
offender who commits the same offense for 41  the third time or more
All  improvements  made  therein,  as well  as  vehicles,  domestic animals
and  equipment  of Any  kind  used  in  the  commission  of the  offense  shall  be
forfeited in favor of the government.
lf not suitable for use by DENR,  said  improvements,  vehicles,  domestic
animals and equipment Shall be sold at public auction the proceeds from which
shall accrue to the Forest Conservation and Development Fund (FCDF)
CHAPTER Xl
TRANSITORY AND FINAL PROVISIONS
See. 89. Mandatory Review Every Ten Years. The Congress shall undertake a
mandatory  review  of  this  Act  at  least  once  every  ten  (10)  years  from  its
effectivity or as often as it may be deemed necessary to ensure that land use
policies and guidelines remain responsive to changing circumstances
For this  purpose,  the  Congress  may  call  on  to  the  NLUPC  to  undertake  the
necessary researches and consultations
Sec. 90. Convening of the NLUPC Within thirty (30) days from the effectivity
of this  Act,  the  Chairperson  shall  convene  the  NLUPC  and  the  Head  of the
NLUPC Secretariat shall immediately assume office.
See. 91. Implementing Rules and Regulations. Within ninety (90) days from
the  effectivity  of this Act,  the  NLUPC  shall  promulgate  its  implementing  rules
and regulations (lRR) including the rules on the selection of the members of the
C/MLUPMB  and  the  PLUPMB.   It  shall  take  effect  fifteen  (15)  days  after  its


complete publication in the Official Gazette or in at least two (2) newspapers of
national circulation
Sec. 92. Transfer of Powers and Functions. The functions of the HLURB on
land  use  planning  as  provided  for  under  Sections  5a,56,5c,5d,5e,and  5f  of
Executive Order No.  648 Series  of 1991  and  EO  No.  72 series or 1993,  shall
be immediately transferred to the NLUPC and its appropriate sub-national LGU
structures, except as provided in Section 55 hereof.  Nothing in this Act shall be
construed to transfer or limit functions embraced within the said provisions that
pertain to or relate to HLURB non-planning functions.
Sec.   93.   Review   of   Existing   Land   Use   plans,   Provinces,   cities,   and
municipalities with  existing  land  use  plans shall  review,  revise,  reconcile,  and
harmonize the same with the guidelines and standards issued  by the  NLUPC
within one (1 ) year from the effectivity of this Act
Sec. 94. Access to information. Access to records and documents pertaining
to official acts,  transactions,  or decisions as well as to date used  as basis for
policy development by the NLUPC shall be made available to the public
See. 95. Appropriations. The amount needed for the initial implementation of
this Act shall be charged against the current year's appropriations of the NEDA
Board-National  Land  Use  Committee  (NB-NLUC)  Thereafter,  such  sums  as
may be necessary for the continued implementation of this Act shall be included
in the Annual General Appropriations Act
See.  96  Congressional  Oversight  Committee  on  the  Land  Use  Act.  A
Congressional  Oversight Committee on the  Land  Use Act shall  be created.  It
shall  be  composed  of  seven  (7)  members  from  the  Senate  and  seven  (7)
members from the  House of Representatives.  The members from the Senate
shall    be    appointed    by    the    Senate    President    based    on    proportional
representation of the parties or coalitions therein, with at least two (2) senators
representing the minority the members from the House of Representative shall
be appointed by the speaker of the  House of Representatives. Also based on


proportional  representation of the parties or coalitjons therein with at least two
(2) members representing the minority.
The  Oversight  Committee  shall  function  for  a  period  of not  more  than
three (3) years to oversee the implementation of this Act. The secretariat of the
Oversight Committee shall be drawn from the existing secretarial personnel of
the committees comprising the oversight
See. 97. Non-impairment Clause.  Nothing in this Act shall be construed as to
diminish  or  impair  rights  recognized,  granted,  or available  to  margjnalized  or
the basic sectors under existing  laws  including  but not limited to  Republic Act
No 7279, 6657 as amended by RA 7942, 8371, 8550, 9700.
See.  98.  Repealing  clause.  Section  10 of RA 8435  and  Sections 447  (a2vi)
and 458 (a2vill) of RA 7160 and related laws and administrative issuances are
hereby  modified  by  Section  13  hereof  the  pertinent  provisions  of  Executive
Order No.  648,  Executive Order No.  72,  Series of 1993,  and  Executive Order
No.  770.  Series  of 2008,  amending  Letter  of  Instruction  (LO)  1350.  are  also
modified  accordingly.  Section  11  of RA 8435  as to the penalty for agricultural
inactivity  and  premature  conversion  is  also  modified  by  Section  83  hereof.
Letter of Instruction  No  1350.  series of 1983,  Presidential  Proclamation 2282,
series of 1983, and all other general and special laws, acts, decrees, executive
orders,  proclamations and administrative regulation,  or any part thereof which
are inconsistent with this Act are hereby repealed or modified accordingly.
All  Republic Acts,  Executive  Orders,  rules  and  regulations,  and  other
issuances, or parts thereof, that are inconsistent with the provisions of this Act
are hereby repealed or amended accordingly
Sec.  99.  Separability  Clause.  If,  for any  reason,  any  section  or provision  of
this Act is declared unconstitutional or invalid, the other sections or provisions
not affected thereby shall remain in full force and effect


See.100.  Effectivity.  This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication  in the Official Gazette or in at least two  (2) national  newspapers of
general circulation
Approved.