INTRODUCED BY REPRESENTATIVES RALPH l^7ENDEL P. TULF0
AND |0CELYN P. TULFO
AN ACT INSTrlurlNG A NATloNAL LAND USE poLler, pRovlDING THE
IMPLEMENTING MECHANISMS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippine archipelago is composed of 7,641 islands, with a total land area of
300,000 square kilometers. The topography of the Philippines is diverse, with its landscape
consisting of mountains, hills, plains, and coastlines. Undeniably, the country's topography
plays a significant role in shaping its culture, history, and economy.
Although there are existing laws that safeguard and optimize our land resources and
continuous formulation of land use plans in the national and local level, the problem lies in
the dissonant nature of the development and implementation of land use laws, environmental
protection laws,  as  well  as  planning  mechanics  and  evaluation processes  related  to  the
allocation and use of our land resources.
This Representation aims to promote sustainable land use practices and ensure that
land resources are used in the best interest of the country's development. In order to protect
critical  ecosystems  and  ensure  that  development  is  aligned  with  national  and  local
development goals, there is a need to balance the competing demands for land resources,
including agriculture,  urban  development,  conservation,  and  natural resource  extraction,
while ensuring that land use practices are sustainable and equitable.
This bin then seeks to harmonize all existing laws, rules and regulations pertaining to
environmental and land resources, and streamline the plarming, allocation, and approval
procedure of land use plans under the authority, guidance, and management of the proposed
National Land Use Commission, which shall be organized under the office of the President.
Further, this bill oudines multi-level organizational structures which will guide the
formulation and implementation of land use plans at the national and local levels.


in view of the fore
RALPH VAN
oing, the urgent passing of this bill is earnestly sought.
EL P. TULFO
Representative
2nd District Of Quezon City
ACT-CIS Partylist


Republic of the Phihppines
HOUSE 0F REPRESENTATIVES
Ouezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. 8031
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULF0
AND ]OCELYN P. TULFO
AN ACT INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
IMPLEMENTING MECHANISMS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and tlce House Of Rapresentatives of the Philippines in Congress assetndled:
SEcrl0N 1. SJ!orf Tjf!e. - This Act shall be known and cited as the "National I.and Use Act
7       of 2023''.
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9            SEC. 2. Dcchalf¢£i.o# a/ P".#cjpJcs ¢#d poll.cjcs. ~ All lands of the public domain, waters,
10      minerals, coal, petroleum, and other mineral ode, all forces of potential energy, fisheries, forests
11      or timber, wildlife, flora and fauna, and other natural resources are owned by the state. With
12      the exception of agricultural lands, all other natural resources shall not be alienated.
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14           Pursuant to the constitutional provision or mandate, it is the pohcy of the state to provide
15      for a rational, holistic, and just allocation, utilization, management, and development of the
16      country's  land  to  ensure  their  optilnum  use,  consistent  with  the  principle  of  sustainable
17       development.
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19            The  State  shall  recognize  the  need  for  rational,  optimal,  and  sustainable  settlements
20      development,  consistent with  the  principles  of  environmental  management  and  equitable
21       access to landandsecurity.
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23            Toward  this  end,  the  State  shall  institutionalize  land  use  and  physical  planning  as
24      mechanisus for identifying, determining, and evaluating appropriate land use and anoration
25      patterns that promote and ensure:
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a)   Sustainable management and utilization of natural resources;
b)   Maintenance and preservation Of envirormental integrity and stabhity specifically the
perpetual protection of permanent forests and watersheds for the attairment of food,
water, and energy sufficiency;
c)   Disaster risk reduction and clirmte change resilieney;
d)   Protection of prime agricultural lands for food security in basic commodities with an
emphasis on self-sufficieney in rice and com;
e)   Water security through sustainable development and management of water resources;
f)    Settlements, transportation, and infrastructure development in support of urban, rural,
and regional development and inclusive growth;
g)   Harmony  between the  rights  and  the varied interests of every Finpino  within the
framework Of people empowerment, decentralization, social justice, and equity;
h)   Respect  for  and  protection  of  the  sustainable  traditional  resource  rights  of  the
indigenous Cultural Communities/Indigenous Peoples (ICCs/ Ips)  to their ancestral
donraius to ensure their economic, social, and cultural well-being as weu as recognition
of the applicabihty of customary laws and sustainable traditional resource use and
management, knowledge, and practices in ancestral domains in compliance with free
and prior informed consent of ICC/ Ips;
i)    Protection of the rights of basic sectors to equitable access to the country's land;
j)    Protection, preservation, and development of the Filipino historical, cultural, and built
cultural heritage and resources for a deeper understanding of our history and culture as
a people,
k)   Attainment of energy security and self-sufficiency; and
I)    Market orientation where  the  interplay  of market forces  and fair  trade  within the
framework of ecological  development and  equity  consideration is  encouraged and
adopted as the basic parameter in achieving efficiency in land use and allocation.
lt is also the policy of the State to ensure that local government units (LGUs) share with the
30      national government the responsibility of managing and maintaining an ecological balance
31       within their territorial jurisdiction as stated in the 1987 Constitution and Republic Act No. 7160,
32       otherwise known as the 1991 Local Government code (LGC).
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1           Guided by the principle that the use of land bears a social function and that all economic
2      agents shall contribute to the common good, landowners, land tenure holders, in the case of
3      forestlands, be it an individual, communal, corporate or group shah be held responsible for
4      developing and conserving their lands thereby making their lands productive and supportive
5       of environmental stability.
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7           SEC. 3. Scape. -This Act sham apply to all lands whether public, private, govemmentowned,
8      and/or in the possession of individuals, communities, indigenous people, or groups of people,
9      to provide for a rational, hofrotic, and just anoration, development, and management of land
10      including such activities that bear an impact on said resources.
11
12                                                                                CHAPTER II
13                                                                               DEFINITION S
14
15            SEC. 4. De/I.#t.f{.o# a/ Terms. -As used in and for purposes of this Act, the following terms
16       shall mean:
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Agr.c#Jtrrfll haHd shall refer to the land of the public domain which has been
devotedtoagriculturalactivityasdefinedinRepublicActNo.6657,asamended,
and not further classified for residential, commercial, or industrial use, and such
other uses as may be provided by law;
Agr!.c#Jf#rflz   hand   #sc   corltJet'sjo#   shall  refer   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 with an
approvedorderofconversionissuedexclusivelybytheDepartmentofAgrarian
Reform PAR);
A!ig#qb!c fled disposflbzc (A8D) hands shall refer to lands of the puunc domain
that have been delineated, classified, and certified as open and available for
disposition under the provisions of Commonwealth Act No.  141,  otherwise
known as the "Public I.and Act", as amended;
A%cestrHZ do.#¢!.us shall refer to all areas generally belonging to ICCs/ lps as
defined in Republic Act No. 8371, otherwise known as the ``Indigenous Peoples
Rights Act (IPRA) of 1998";
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Bfls{.c scctor shah refer  to a  group  of people not referring  to  any organized
groups  such as but not lirfuted to women, youth, elderly,  differently-abled,
peasants, and fisherfolk;
B¢s..c sJ!cJfer sham refer to any subdivision unit, housing unit, or condominium
satisfyingthebarestmirinumshelterrequirementsundertheminimumdesign
standards of Batas Pambansa 81g. 220;
Cor%prehoi.t)c Lflnd Use Pha# (CLIJP) shall refer to a document embodying a
set  of  policies  and  guidelines,  accompanied  by  official  maps  and  sirrilar
inustratious,thatservesasprincipalbasisfordeterminingthefutureuseoflands
and  natural  resources  for  production  and  protection  purpose  within  the
territorial jurisdiction of the city or municipality. It represents the comlnunity-
desiredpattemofpopulationdistributionandproposesfutureallorationofland
resources to various land-using activities. It idenffies the allocation, character,
and extent of the areas of land resources to be used for different purposes and
includestheprocessesandthecriteriaemployedinthedeterminationoftheland
use. It has a long-term perspective, encompassing a minimum of ten (10) years.
Coxpriehe!.t7cha#d#scp!¢#icz.#gshallrefertotheactofdefiningtheallcx=ation,
utilization, development, and management of all lands within a given territory
or jurisdiction according to  the  inherent characteristic of the land  itself and
supportive   of   sustainable,   economic,   demographic,   socioniltural   and
environmental otryectives as an aid to decision-making and legislation;
Coflsfro! ¢r€/zo"c shall refer to a band of dry land and the adjacent ocean space
(water and submerged land)  in which tenestrial processes and uses directly
affect oceanic processes and uses, and vice versa.  Its geographic extent may
include areas within a landmark 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 a seaward lirfut of 200
meters isobath to include coral reefs, algal flats, seagrass beds, and other soft~
bottom areas. For purposes of initiathg and implementing sustainable coastal
resources protection and management, it shall include foreshore lands;
Crjfi.cflz  habi.tots  shall  refer  to  areas  outside  protected  areas  as  defined  in
Republic Act No. 7586, otherwise known as the ``National Integrated Protected
Areas System Act Of 1992", that are known habitats of threatened species and
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designated as such based on scientific data taking into consideration species
endemicity and/ or richness, presence of human-made pressures/ threats to the
survival of wildlife living in the area, among others;
Cri.fi.cflJ zu"fershed shall refer to a drainage area of a river system supporting
existing  and  proposed  hydroelectric  power,  domestic  water  consumption,
irrigation works or existing water facilities needing immediate protection and
rehabilitation to minimize erosion and improve water yield. It shall be closed for
logging until it is fully rehabihated;
C"Jf#rflJ ha.fngg shall refer to the totality of cultural properties preserved and
developed through time and passed on for posterity;
C#sfo#i¢ny hazos shall refer 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 IPRA;
Dcoezoquenf  pha#  shall  refer  to  a  document  that  defines  the  activities  or
measures that the national government or LGUs intend to implement in order to
achieve a defined set of development goals. It integrates the socicLeconomic and
sectoral plans of the national government or its instnrmentality or a pardcular
LGU with land use or physical framework plans. It may include an analysis of
problems and resources, a definition of goals and otryectives, policy guidelines,
projectandtargetachievements,andanimplementationmechanismthatdefines
therolesandcontributionsexpectedfromthegovernmentandtheprivatesector.
Development   plans   indude   the   national-level   Medium-Term   Phihippine
Development   Plan   (MTPDP)   and   its   counterpart  plans   at  the   regional,
provincial,andlocallevelscalledtheMedium-TerlnRegionalDevelopmentPlan
(MTRDP), the Provincial Physical Framework and Development Plan (PPFDP),
and the Comprehensive Development Plan (CDP). These plans are translated
into medium-term investment programs, also prepared at the national, regional,
and  local  levels,  where  programs,  projects,  and  activities  derived  from  the
development  plans  are  ranked,  prioritized,  and  matched  with  investment
financing capacities ;
£coJogr.caJky-¢Hgr.Ze Z¢nds refer to lands within the critical watershed, brackish
and   freshwater   wetlands,   pasture   lands,   and   croplands   that   require
rehabilitation and whose continued unsustainable use would adverselv affect
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the productivity of lowland agricultural areas and the stabhity of the upland
ecosystem;
£cofozfrism shall refer to sustainable tourism or travel to a given natural area
with exotic or threatened ecosystems or a heritage area to observe wildlife or to
help  preserve nature, in the  process providing for community participation,
protection,  and  management  of  natural  resources,  culture  and  indigenous
knowledge systelns and practices, environmental education and ethics, as wen
as  economic  benefits  fostered  and  pursued  for  the  enrichment  of  host
communities and the satisfaction of visitors;
£neng:i/  rtso#rcc  hands  shall  refer  to  lands  where  naturally  occurring  or
indigenous  energy  resources  exist in sufficient quantity  or  quality  as  to be
economicany viable for exploration, development, production, utilization, and
distribution process;
£#eig}/ reso"rccs shall refer to surface or subsurface substances that serve as
energy resources. These are traditionally mineral fuel deposits such as coal,
petroleum,  natural  gas,  or  renewable  resources  from  geothermal,  hydro
reservoirs,  or  nonconventional  sources  such  as  ocean  waves,  solar,  wind,
biomass, and other similar resources which serve the same purpose;
EHZJz+ori#zertfflzky  cn.fi.cflJ  flrffls  shall  refer  to  areas  declared  by  law  as:  (i)
protested areas pursuant to Republic Act No. 7586 or the "NIPAS Act of 1992'';
(ii)   areas  for  natural  parks,  watershed  reserves,  wildlife   preserves,   and
sanctuaries; (iii) areas set aside as aesthetic potential tourist spots; (iv) areas that
constitute the habitat of any endangered or threatened species or indigenous
Philippine wildlife (flora and fauna); (v) areas of unique historic, archaeological,
or sciendfic interests; (vi) areas which are traditionally occupied by ICCs/IPs;
(vii)  areas  with  critical  slopes;  (vin)  areas  exposed  to  geologic  and  hydrcL
meteorologic  hazards;  (ix)  prime  agricultural  lands;  (x)  recharge  areas  of
aquifers; (xi) water bodies; (xii) mangrove areas; (xiii) coral reefs; (xiv) mossy and
old-growth  forests;  (xv)  rivers  and  river  banks;  (xvi)   swamp  forest  and
marshlands;  and  (xvii)  foreshore  lands.  This  term  sham  also  include  other
terrestrial,   aquatic,   and   marine   areas   that  need   special   protection   and
conservation measures because they are ecologically fragile or they are needed
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for food security and food self-sufficiency as deterlnined by concerned agencies
and LGUs in consultation with the concerned sectors.
£sf#flry shall refer to a wetland type where the river mouth widens into a marine
ecosystem, the salinity of which is intermediate between salt and freshwater
where tidal action is an important biophysical regulator;
£xJz¢!£sfed eneng]/  reso#rec  ha„ds  shall refer  to  specific  energy  resource  sites
whose energy reserves of the desired type(s) are no longer in sufficient quantity
or quality to justify the additional expenditure for their extraction and utilization
as certified by the Department of Energy;
E#Jfflusfed "i.i.ertzz hands shall refer to specific sites whose mineral deposits are
no longer in sufficient quantity or qualrty to justify the additional expenditure
for their extraction and utilization as may be determined by the latest technology
available;
£rJi¢#sfed  i#i.#erjzJ  rcso#rces  shall  refer  to  a  situation  where  the  mineral
resources in specific sites are no longer in sufficient quantity or quality to justify
the additional expenditure for extraction or utilization as determined by the
Mines and Geosciences Bureau and approved by the DENR;
FZood phai.H shall refer to the portion of a river valley adjacent to a river charmel
that is covered with water when the river overflows its banks at flood stages. The
plain usually consists of silt deposited by the stream;
flood-pro#c#reflsshallrefertolow-lyingareasusuallyadjacenttolargeoractive
water bodies and 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;
food secon.fry shall refer to the policy otyective of meeting the food availabhity,
accessibility, quality, and affordabirity requirements of the present and future
generations of Fhipinos in a sustainable marmer, through lor=al production or
importation, only when there is a shortage established based on a micro level
situation,  or  both,  based  on  the  country's  existing  and  potential  resource
endowments and related production advantages, and consistent with the overall
national development otjectives and policies;
food  SCZ/-s##.ci.eHc3/  shall  refer  to  the  policy  objective  of  meeting  the  food
requirements through intensive local food production in a sustainable marmer
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based on the countly' s existing and potential resource endowments and related
production advantages;
fo#es£Zfl#ds  shall  refer  to  lands  of  the  pubhic  domain  classified  and/or
determined as needed. They include all permanent forests or forest reserves,
forest reservations, and all remaining unclassified lands of the pubHc domain;
ForesJ!ortp hand shall refer to the part of the shore which is alternately covered
and uncovered by the ebb and flow of the tide;
Frgc "nd z#`.I.or 1.ri/omed couseHf refers to the consensus of all members Of the
ICCs/ Ips to be determined in accordance with their respec.five customary laws
and practices, free from any external manipulafron, interference, and coercion,
and obtained after fully disclosing the intent and  scope of the activity, in a
language and process understandable to the community;
Gce-hazflrds shall refer to a natural and human-induced geological processes
that have the potential to cause destruction and pose a threat or risk to human
Ire and property;
Gce-hazflrd pro#c flrees shah refer to areas frequently visited and/ or vulnerable
or prone to experience weather/ climatic, hydrologic, geologic, and other natural
calamities;
HerT.fage zo}ie refers to historical, anthropological, archaeological, and artistic
geographical areas and settings that are culturally significant to the country as
declared by the National Museum and/or National Historical Commission of
the Philippines, pursuant to R.A. No. 10066 or the ``National Cultural Heritage
Act of 2009'';
JZzcgrJ ngr'.I.orJf#rizz hand co#tJersi.ow shall refer to any activity that modifies or
altersthephysicalcharacteristicsofagriculturallandstorenderthemsuitablefor
non-agricultural purposes without an approved order of conversion from the
DAR Senetary;
Jrmpr'iotJenrmts shall refer to all types of buildings and residential units, walls,
fences, structures, or constmction of all kinds of fixed character or are adhered
to the soil but shall not include trees, plants, growing fruits, and other fixtures
that are mere superimpositions on the land, and the value Of improvements shall
not be less than fifty percent (50%) of the assessed value of the property;
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rHCJasI.z7c groavffe refers to ensuring that the economic opportunities created by
growth are available to all,  particularly the  poor,  to the ma3dmum possible
extent;
Indigenous cultural cormmunities/indigenous peoples (ICcsftps) shah refer to
groups of people or homogenous societies identified under Republic Act No.
8371 or the ITRA;
J#diger!ous e#apg!/ reso#rces shall refer to energy resources, which originate or
occur naturally in the Philippines;
J#haird ztJflfers shall refer to waters, which are not coastal and marine waters not
sutyect to acquisitive prescription consistent with the provision of Presidential
Decree No.1067, otherwise known as the `'Water Code of the Philippines";
J#fer-fi.drz sflnd fl4f shall refer to a juvenile fish-feeding area and habitat for
crustaceans. The littoral gravel and sand biotopes are also used as important
wintering  grounds  and  roosting/feeding  grounds  of  indigenous  migratory
birds;
rr!fegrHfed avflfersJ{ed ]Ji4"¢geJorc#f shall refer to a planning strategy or program
for watershed areas that complement environmentally-sound sed and water
management practices with  mechanisms  for  ensuring  greater  responsibhity,
involvement, or participation of individuals, groups, communities, and other
stakeholders benefiting from these areas and water-related irLfrastructure;
Key  bi.odI.cJers{.fry  flrees  shall  refer  to  sites  that  are  nationally  and  globally
significant  for  biodiversity  conservation  primarily  containing  species  that
require  site-scale  conservation  to  prevent  extinction  in  the  short  term  and
medium  term.  Such  species  may  be  nationally  and  globally  threatened,
restricted-range,  and/or  nationally  and  globally significant congregations  of
species,
Lngoo#shallrefertoasemi€nclosedcoastalbasinwithlimitedfreshwaterinput,
high salinity, and restricted circulation which often lies behind sand dunes. It is
often highly productive and a habitat for a variety of plants and animals, serves
as  nurseries  of  prawns  and  shrimps,  and  is  also  the  sit  for  the  harbor,
aquaculture, industry, and recreation;
Lar[d shall refer to resources, both natural and man-made, found on the surface,
below and above the ground, including inland waters and the air therein;
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Lflnd #se shall refer to the manner of utilization of land, including its allocation,
development, and management;
LflHd #sc chess.r{.cat..on shall refer to the act of delineating or allocating lands
accordingtoprotectionlanduse,productionlanduse,settlementsdevelopment,
and infrastructure development as defined and provided for in this Act;
Lfl#d s#hchassi/I.cof±.o#  shall  refer  to  the  act  of  determining  and  assigning
specific uses of classified lands of the public domain, such as forest or tilnber
lands, alienable or disposable agricultural lands, national parks, and mineral
lands in accordance with existing laws, and this Act;
Mflndflfory p#bzf.c J{carirlgs/couswzffltl.ous shall refer to the mechanism to ensure
the active participation of concerned sectors in all affected areas in land use
planning from the local to the national level. It involves giving effective notice of
hearing/consultationtoconcemedsectorswithinanaffertedareathroughdrfect
written invitations, using regular mail or electronic means, publication/ posting
in conspicuous places, the conduct of a reasonable number of hearings in or
proximate  to  the specific area  affected,  and  solicitation of positions and the
public  presentation  and  public  confirmation  of  the  planning  results  in  the
specific area affected before the final adoption of the plans;
Mz.i'icrflzs shall refer to all naturally occurring inorganic substances in solid, gas,
hquid, or intermediate state excluding energy Imterials such as coal, petroleum,
natural gas, radioactive materials, and geothermal energy;
Mi.nertzJ eap7Jortzfi.o# shall refer to the systematic searching or proapecting for
mineral resources;
M£7.craz haizds shall refer to lands where mineral sources are found;
M!.rrert2J  rieso"Ices  shall  refer  to  any  concentration  of  minerals/rocks  with
potential eeononric value;
Mtfd /Z¢f shall refer to a wetland  type  that is  usually an unvegetated  area,
dominated by the muddy substrate which provides rich feeding grounds for
vertebrates such as fish and water birds and is also important in preventing soil
erosion;
National  Integrated  Protected  Areas  System  (NIPAS)  shall  refel  to  the
classification and administration of all designated protected areas to lnaintain
essential  ecological  processes  and  lifesupport  systems,  to  preserve  genetic
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diversity, to ensure sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible;
NHfi-ourJ Land  Lrsc  Cormfflissiorl  (NLUC)  shall  refer  to  the  highest land use
policy-making body created under Section 14 of this Act;
ddd)           Nfl £{.o7t¢ I pflrke shall refer to a forest reservation essentially of natural wildemess
character which has been withdrawn from settlement, occupancy, or any form
eee)
itnffl
of exploitation, except in conformity with the approved management plan and
set aside as such exclusively to conserve the area or preserve the scenery, the
natural and historic otjects, wild animals and plants therein, and to provide
enjoyment of these features in such areas;
Nflfi.ot.flJ pJ{ysi.car /}#mezt7ork phari shall refer to an indicative plan containing
the poricy areas promoting the most appropriate and rational use of land and
other physical resources as but not limited to protection, production, settlement,
and  infrastmcture  land  use.  It  provides  policy  guidelines  for  all  decisions
relating to land use and environmental management, to prevent and mitigate the
adverse  effects  of  inappropriate  resource  utilization  on  the  country's  food
secultyandfoodself-sufficiencyonriceandcom,thepeople'swelfare,andtheir
environment. It embodies both policies and strategies necessary to carry out the
goals and otyectives of this Act;
Network Of Protected Areas for Agriculture and Agro-Industrial Development
(NPAAAD)  shall refer to agricultural areas  identified by  the Department of
Agriculture through the Bureau of Soils and Water Management (BSWM) in
coordination with the National Mapping and Resource Inforrmtion Authority
(NAMRIA) in order to ensure the efficient utilization of land for agriculture and
agrcindustrial development and promote sustainable growth. The NPAAAD
coversallirrigatedareas,allirrigablelandsalreadycoveredbyirrigationprQjeets
with  firm funding commitments,  all alluvial  plans,  land  highly  suitable for
agriculture whether irrigated or not, agrcindustria] croplands or lands planted
toindustrialcropsthatsupportthevalidityofexistingagriculturalinfrastnicture
and agrc+based enterprises, highlands or areas lclf ated 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
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gg8)
fragiletheconversionofwhichwillresultinseriousenvironmentaldegradation,
and all mangrove areas and fish sanctuaries;
No#-ngr!.caJfrorflJ  hand  use  co#zJersI.ow  shall  refer  to  the  act  of  changing  the
current use of a piece of non-agricultural land into some other uses;
hhh)           No#~goz}emffleHf orgH#i.z¢ fi.oH shall refer to a private and non-profit voluntary
organization that is committed to the task of political, socio€conomic, physical,
cultural, and environmental development and established primarily to provide
HI
kkk)
in)
service to marginalized sectors in these areas;
Pflfr{.moHieJ ;7i`ap7crf!.es refer to an the properties belonging to the State that are
not intended for public use or for pubhic service for the development of national
wealth;
Pcapze's  or':g:a#i.zflfi.o#  shall  refer  to  a  private,  non-profit,  voluntary,  and
community-based  organization with  a membership constituency  established
prilnarily to provide service to its members and the community in general;
Pfeysi.car ¢Hiriezt7ork phaus shall refer to indicative plans based on CLUPs and
national poHcies whether national, regional, or provincial which provide policy
guidelines for all decisions relating to land use and environmental management
to prevent or mitigate the adverse effects Of inappropriate resource utilization on
food security,  the people's welfare and their environment, it embodies both
poficies and strategies necessary to carry our development goals and otryectives;
Premture or illegal conversion Of agricultural lands shall refer to all:y Elctivrty
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;
mmm)       Pr[.rmc  ngi.I.coJferrflJ  Z¢nds  shall refer  to  all  irrigated  areas;  all  irrigable  lands
already covered by irrigation projects with firm funding commitments; all rain-
fed areas planted to rice and other crops; all alluvial plain lands highly suitable
for  agriculture  whether  irrigated  or  not,  agrcindustrial  croplands  or  lands
presently  planted  to  industrial  crops  that  support  the  viability  of  existing
agricultural  infrastructure,  and  agro-based  enterprises,  highlands,  or  areas
located at elevation of 5cO meters or above and have the potential for growing
semi-temperate and high value crops; all agricultural lands that are ecologically
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nrm)
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fragile,theconversionofwhichwillresultinseriousenvironmentaldegradation,
and mangrove areas and fish sanctuaries;
Prodrctz.or. haHd #sc shall refer to the direst and indirect utilization of land to
generate  outputs  resulting  from  the  following  activities,  but  not limited  to
agricultural,  fish,  farming  or  aquaculture,  timber  production,  agro-forestry,
grazing  and  pasture,   mining,  indigenous  energy  resource  development,
industry, and tourism;
Priofected &refls shall refer to portions of land set aside by reason of their unique
physical and biological significance, managed to enhance biological diversity,
and protected against destructive human exploitation. For purposes of this Act,
it shall include agricultural lands identified and delineated under Section 29
hereof;
ppp)           Profecfi.oH ha#d #sc shall refer to the utilization of land primarily for food, water
and energy security, rehabilitation, conservation, and protection purposes for
the promotion of the country's ecological and life-support systems;
qqq)           P#bz!.c do7"i.# shall refer to lands that belong to the state which may be any of
the  following:  agricultural,  forest  or  timber,  rfuneral,  or  national  park  as
rrr)
sss)
ttt)
provided for in the Constitution;
Pwb!{.c hands shall refer to lands that have not been sutyect to private property
rights or sutryeet to sale or other modes of acquisition or concession under the
general laws, and are devoted to pubhic use;
Rechafflfldr.o#  shall  refer  to  defiberate  process  of  converting  foreshore  land,
submerged areas or bodies of water into permanent land by filling or other
means using dredge fill and other suitable materials for specific purposes;
Reczflssj/£catiori a/ flgr.I.coJf#mz hands shall refer to the act of specifying how
agricultural lands shall be utilized for non~agricultural uses such as residential,
industrial,  or  commercial  purposes  through  the  local  plarming  and  zoning
processes  pursuant  to  the  1991  LGC  and  subject  to  the  requirements  and
prcx:edureforconversion.Itisequivalenttolandsubelassification,asdefinedin
this Act for classified lands of the public domain, and also includes the reversion
of non-agricultural lands to agricultural use;
uuu)           Rcscffze#Ienf si.tes  shall refer to areas identified by  the appropriate nafronal
agency  or  by  the  local  government  unit,  with  respect  to  areas  within  its
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jurisdiction which shall be used for the relocation of the underprivileged and
homeless, as defined under Repubhc Act No. 7279 or the Urban Development
and Housing Act quDRA);
vw)           RftJer b¢s!.# shall refer to the portion of land drained by a river and its thbutaries.
It encompasses the entire land surface dissected and drained by Inany streams
and creeks that flow downhill into one another, and eventually into one river.
The final destination is an estuary or an ocean;
www)        Sc#Je#ic#±s  shall  refer  to  formal  and  informal  communities  or  built-up
residential areas where people prefer to live in land areas classified, zoned, or
xxx)
converted for current or future residential or housing development purposes,
including  socialized  housing  zones  for  the  homeless  and  underprivileged
citizens;
Sc#Zg»ze«fs dgziezoprc7ff shall refer to any improvement on existing formal or
informal residential or housing settlements or any proposed development of
certain areas for residential or mass housing 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 or
growth centers. It is also concerned with the interrelationship of settlements as
they  develop  and  establishes  functional  linkages  based  on  their  respective
resource endowments and comparative advantages;
SJ!oreJ{.#c shall refer to the line where shore and water meet;
S..g"/1.carif cat)cs shall refer to caves that contain materials or possess features
that  have  archaeological,  cultural,  ecological,  historical  or  scientific  value  as
determined by the Department of Environment and Natural Resources (DENR)
in coordination with the scientific community and the academe;
aaaa)          Soc!.flJi.zed J!o#si.#g shall refer to housing programs and 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,
riberalized terms on interest payments, and such other benefits in accordance
with the UDHA;
bbbb)         So".flJt.zed Jio#si.#g zorcs shall refer to lands idendfied and designated by local
government units  as  sites  for  socialized  housing,  pursuant  to  Article  IV  of
Republic Act No. 7279 or the UDHA, and its implementing guidelines. It shall
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cccc)
include areas that are presently occupied by the urban poor, as well as those
identified as resettlement areas as defined herein;
Sustoi."bzc dezjcJop#ienf shall refer to the development opjeetive of meeting the
needs of the present generation without compromising the  abhity  of future
generations to meet their own needs consistent with the principles of social
equity, efficiency, and environmental integrity;
dddd)        Sf¢kehozder shall refer to an individual, social group or organization that has a
direct or indirect interest in an activity, project, resources, or decision;
eeee)           ro#n.sin de7}cJoj»rierif ¢rers shall refer to specific sites for tourism development
located  in  areas  identified  as  priorities  in  the  national,  regional,  and  inter-
regional area-specific tourism master plans and other sector plans such as eco-
tourism and agri-tourism sites, including those designated through 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;
ffff)
To#risow £#ferprise Zo#c refers to an area designated as a tourism enterprise
zone by  the Tourism Infrastructure and Enterprise Zone  Authority  ITIEZA)
pursuant to the provisions of Republic Act No. 9593, otherwise known as the
Tourism Act of 2009;
gggg)         To«rism cshates shall refer to large tracts of land with weu-defined boundaries
in any area identified in the Philippine tourism master plan and regional tourism
master plan, by proclamation of the President and/or by an act of Congress,
including local legislation. Such land shall be suitable for the development of an
integrated   tourism   and   resort   complex   including   but   not   limited   to
accommodation facilities, food and beverage outlets, convention and meeting
areas, sports, recreational and leisure centers and commercial outlets among
others. It shall be provided with roads, water supply facilities, power and utilities
like potable water, drainage sewerage disposal, solid waste disposal system and
other  necessary  infrastructure.  The  estate  shall  be  under  one  unified  and
continuous management;
hhhh)        To#rz.sf spot shall refer to a particular area/site/spot, human-Irmde or natural,
known for its unique tourist/ visitorrdrawing attributes and activities. It may be
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classified according to its social, cultural, natural, historical, scientific, religious,
and recreafronal significance;
To#r{.sf  zor[c  shall  refer  to  a  geographic  area  with  weH-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 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;
Urzjflr! flrefls shall refer to all cities regardless of their population density and to
municipalities with population density of at least five hundred (500) persons per
square kilometer;
kkkk)         Urhar".zflbJc flrcfls  shall  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;
lm)
Urd¢# /orf:sf]i/ or green spflce shall refer to the establishment and management
of forest in urban environlnent for the physiological and psychological well~
being of the people;
mmmm)    Wflfer sccari.fry shall refer to the sufficient access throughout the year  to the
minimum daily requirement of clean water to maintain a healthy life;
nnnn)         Wflfer #sc shall refer to the appropriation of water for domestic, municipal,
irrigation,  power  generation,  inland  fisheries,  poultry  and  livestock  raising,
industrial  and  commercial,  environmental,  and  reereational  use  and  other
Purposes;
oooo)         Wflfersfted shall refer to a land area drained by a stream or fixed body of water
and its tributaries having a common outlet for surface runoff;
pppp)        Zow£#g shall  refer  to the process of delineating the specific uses of lands in
accordance  with  the  approved CLUP within  the  territorial jurisdiction  of a
city/municipality and specifying the conditions for their regulafron, sutryect to
limitations imposed by law and competent authority; and
qqqq)         ZoH!.#g ordi.HflHcc (ZO) shall refer to a local law passed by the sangguniang
Bayan  or  Panlungsod  approving  the  development  control/zoning  plan  in
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accordance with an approved or adopted CLUP for the city/municipalty, and
providingfortheregulatiousandotherconditiousontheusesOflandincluding
the  hitation on  the infrastructure  that may  be  phced  thereon within  the
territorialjurisdictionofacityormunicipality.Itincorporatestheprotectedareas
underSection13(a)andtheprotectedagriculturallandsunderSertion29ofthis
Act.
CHAPTER Ill
PHYSICAL FRAMEWORK AND LAND USE PLANS
10
11           SEC. 5. Mfi.o"Z Lfl#d use pJ¢#"£#g process. -The land use and physical planning process
12      shah be formulated fouowing a combined bottom-up and top-down approach. The National
13       1.and use commission (NLUC) shall draft the National pftysical Framework plan (NPFP) which
14      shall have a timeframe of thrty (30) years, with regular review and updating every ten (10)
15      years. The NPFP, which guides the planning and management of the country's land and other
16      physical resources at the rational and sub-national levels, shall indicate broad spatial directions
17      and  pokey  guidelines  on settlement development,  protection land use,  social services and
18       utilities,  and  transportation  and  communication.  The  Regional  Thysical  Framework  Plans
19       (RPFPs),    Provindal    Physical    Framework    and    Development    Plans    (PPFDPs),    and
20      Comprehensive had use plans (CLUPs), which shall also have a 30-year timefrane and cover
21      the physical development of their respective territories, shall be consistent with the national
22       physical framework plan:  Proz#.did, That the integration and harmonization of the physical
23      framework plans at an levels shall be iterative to ensure that the concerns of both top and bottom
24      levels of goverrment are considered. The physical and land use plans prepared at all levels shah
25      have internd consistency specifically on, but not limited to, the development, management, and
26      conservation of forestlands found within a given territory and the linkages of the major land
27      use   categories   to   ensure   their   complementation  in   the   utilization,   development,   and
28      managementof resources.
29
30           The  NLUC  sham  issue  procedural  guidelines  which  sham  guide  the  formulation  and
31       integration/harmonization process: Pro{J{.did, That the National Economic and Development
32       Authority (NEDA), Housing and Lend use Regulatory Board (HLURB), Department of Interior
19


1      and Local Government (DILG), and other agencies will continue to issue guidelines on the
2      content of the plans consistent with their respective agency mandates.
3
4            SEC.  6.   C!.rty  ¢#d  M"#i.cjpeJ  La#d  Use  Phaus.  -  The  City/Municipal  Planning  and
5      Development office (C/MPcO), in consultation with concerned sectors through mandatory
6      conduct of pubhic hearings, shall prepare the cLUp to determine the specific uses of land and
7      other physical resources therein including areas ccrmanaged with the national government and,
8      as appropriate, the ancestral domain areas. The cLUp shall be consistent with the ppFDp and
9      shall define the city/ municipal development vision, appropriate economic, environmental, and
10      social development pohicies, densities, and transportation system.
11
12           The  CLUP  may  be  formulated  as  a  component  of  a  Comprehensive  Land  Use  and
13       Development   Plan   (CLUDP),   which   merges    the    traditionally   separate   CLUP   and
14      comprehensive development plan to address the disconnect between spatial and sectoral factors
15      and to ensure the complementation between the medium-and long-term concerns.
16
17           The CLUP shall be translated into a zoning ordirmnce by the concerned Sanggunian to
18      regulate the uses of land, including the limitations on height, density, and bulk of buildings and
19       other infrastructure that may be placed thereon.
20
21           SBC. 7. Provincial physical Framework and Developmerit plans a.PFDP). -ha co:r\switation
22      with concerned sectors, the provincial planning and Development office (Pplro) shall prepare
23       a  Provincial  Physical  Framework  and  Development Plan  q'PFDP)  which  shall  define  the
24      province's development vision, economic and social development ponies, general land uses,
25      and interrity/municipal transportation system. The PPFDP shall harmonize the land use plans
26      of  component  cities  and  municipalities,  taking  into  consideration  shared  resources  and
27       planning  concerns,  and  define  the  uses  of  land  and  other  resources  within  the  province
28      consistent with the policies in the regional physical framework plan. The programs, prdyects,
29      and activities prescribed in the PPFDP shall be integrated into the provincial development
30      investment program The Ppro shall submit the PPDFP to the Provincial Land Use Policy
31       Council  (PLUPC),  created  under  Section  20  of  this  Act,  for  review  and  endorsement  to
32      Sangguniang panlalawigan, which shall adopt the same pursuant to secfron 468 (2) (vii) of the
33        1991 LGC.
20


1            SEC.  8.  Rcgr.ormz PJ!ysz.caz Fra#!ez{7ork Phaus  (RPFP).  -In consultation with concerned
2      sectors,  the  Regional  I.and  Use  Poliey  Council  prLure)  shall  define  the  desired  spatial
3      arrangement of land-using activities in the endue region, consdidating and harmonizing the
4      provincial physical framework plans of provinces and independent cities within the territorial
5      jurisdiction of the region. The RPFP, which depicts an end-state scenario toward which efforts
6      and activities are directed, shall consist of spatially-based and area-focused policies, consistent
7      with  those  in  the  national  framework  for  physical  plarming,  to  guide  detailed  physical,
8      socioeconomic, sectoral, and investment planning.
9
10           SEC. 9. National physical Framework plan (NPFP). ~ The NLHC created in sechon 14
11      herein, in consultation with the concerned sectors through the mandatory conduct of public
12      hearings, shall formulate, periodically update, and ensure the implementation of a NPFp that
13      shall prescribe and influence the country's land use and physical development. The NPFP shall
14      operationalize the policies provided in this Act and will be the basis for adopting land use and
15      physical  planning~related  guiddines  and  standards, including  zoning  and  other  land use
16      control standards, that will guide the formulation of city/municipal zoring ordinances.
17
18           The policies prescribed in the NPFP shall be integrated into the MTPDp and Medium-Term
19      Philippine Investment program
20
CHAPTER IV
FRAMEWORK FOR LAND USE PLANNING
24             SEC.10. Prl.on.fi.es I.# L¢"d use A JJocofz.oH fled phaH#!.#g. ~ in projecting spatial allocation for
25      different land uses, the LGUs shall first exdude areas under protection land use of section 13(a)
26      hereof, national parks, energy resource lands, and prime agricultural lands to ensure ecological
27      integrity, energy supply, and promote food security. Areas with prior rights and those with site-
28      specific resources for basic services, such as but not limited to, water and indigenous energy
29       resources, shall also be excluded.
30
31            Spatial allocation and planning shall then proceed in accordance with Sections 12 and 13
32      hereof with priorities given to integrated watershed management areas, socialized housing
33       sites, fisherfolk settlement in coastal areas, and waste disposal sites.
21


1            SEC.11. Adapfi.o" a/Mt[Zfi.pZc Lrscs a/Land Rcso#rces. -The prirmry and alternative uses
2      of a specific land resource shall be determined and evaluated prior to any decision for the
3      assigrment Of its use.  Areas feasible for sustainable land resource use may be considered
4      multiple-use  zones  wherein  settlements,  tourisllL  agriculture,  forestry,  agroforestry  and
5       extraction  activities,  and  other  income-generating or  hvehihood  activities  may be  allowed:
6       Proz7ided, That multiple uses of land resources shall be excluded in areas identified as protection
7      land use: Proz".did,¢rfher, That such land resources shall be in accordance with priorities in land
8      use anocation and plarming and that no reclassification shall be allowed.
9
10            SEC.12. BflsI.c La#d use pha##..#g corsi.dertzft.ous. -in determining the various land uses,
11      the  people  and  their  productive  activities  and  the  need  for  functional  open  spaces  and
12      preservation areas as well as the various interrelationships of the physical characteristics of the
13      land and other elements therein shall be considered, among others, the fonowing:
14
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a)   Availabhity  of natural resources inchading indigenous energy resources for  energy
security and self-sufficiency;
b)   Geology, geomorphology, geologic haLzard, climate, soil, vegetative cover, demography,
and slope;
c)   Econonric, environmental, cultural, social and related development activities;
d)   Existing  government  policies  on  land  and  natural resources  allocation,  utilization,
management and disposition;
e)   Technological changes/ advancement;
f)    Existing customary  rights for  the protection of indigenous peoples  and vulnerable
groups including women and urban poor; and
g)   Inventory of prior and existing rights, to harmonize determination of land use.
26
27            SEC.13. Cflfegorfes a/Land uses/or phaH#j#g p#xposcs. -In determining and defining the
28      national, regional, and provincial framework plans and cLUPs,land uses sham be grouped into
29      four (4) major functional uses as fonows:
30
a)   Protection Land Use shall refer to the use of land primarily for food, water, and energy
security, rehabilitation, conservation, and protection purposes for the promotion of the
country' s ecological and life-support systems. Planning for protection land use intends
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to   achieve   food   self-sufficiency   in  rice   and   com,   water   and   energy   security,
environmental stabhity and ecological integrity, ensure a balance between resource use
and the preservation of some areas with environmental, aesthetic, educational, cultural,
heritage, and historical significance, and protect people and human-made structures
from  the  in€ffeets  of  natural  hazards.  All  lands,  either  public  or  private,  under
protection  land  use  shall  be  permanently  conserved,  preserved,  rehabilitated,  and
protected from all other land uses, disposition, intrusion, utilization, and development
that is not consistent with its existing uses. Areas under this category also include those
covered by the NIPAS I.aw and other coastal and marine protected areas, those areas
outside NIPAS but nonetheless require protection because of their outstanding physical
and aesthetic features, anthropological significance, and biological diversity, and those
areas prone to natural hazards. Areas outside the coverage of the NIPAS Law include,
but are not linited to the following:
i.      Old-growth forests and mossy;
ii.      Areas with more than 50% in slope gradient;
iii.      Mangrove  and  fish  sanctuaries,  pursuant  to  Repubhc  Act  No.  8435,  or  the
"Agriculture and Fisheries Modernization Act of 1997", and Repubhc Act No.
8550, or the "Philippine Fisheries Code of 1998";
1V.
V.
viii.
1X.
Buffer  zones  or  strips/easements,  pursuant  to  Presidential  Decree  No.  705,
amending Presidential Decree No. 389, otherwise known as the "Forestry Reform
Code of the Philippines'', and Presidential Decree No. 1067, or the `'Water Code
of the Phihppines";
Salvage ones along foreshore areas, freshwater swamps and marshes, plazas and
heritage/ historic sites, pursuant to Presidential Decree No. 2146;
Watersheds supporting domestic water supply;
Utility easement like transmission lines of power companies, off and gas facilities,
cell sites, and domestic water lines;
Amenity  areas  or  those  with high  aesthetic values,  pursuant to  Presidential
Decree No. 2146;
Natural and human-made areas/ sites of cultural, historical, and anthropoloctcal
significance,   which   are   declared   as   such   by   internationally   recogrrized
organizations and concerned national agencies;
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X.
in.
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Critical habitats as provided in Repubhic Act No. 9147 or the "Wildlife Resources
Conservation and Protection Act'' ;
Significant caves under Reputhc  Act 9072 or the "National Caves and Cave
Resources Management and Protection Act" ; or
Key biodiversity  areas under  Executive Order no.  578,  series of 2006,  or the
``National Biodiversity Potty".
b)   Production Land Use shall refer to the direct and indirect utilization of land resources
for  crop,  fishery,  livestock  and  poultry  production,  forestry,  agroforestry,  mining,
industry, energy development, indigenous energy exploration and development, and
tourism. Planning for production land shall determine the most efficient, sustainable,
and  equitable  manner  of utilizing,  developing,  and  managing land for productive
purposes.Areasincludedinthiscategoryareagriculturallands,fishinggrounds,coastal
and marine zones, and production forests which comprise lands 18% to 50% in slope
gradient such as residential dipterocarps, rangelands for grazing purposes, industrial
tree plantation/ integrated Forest Management Agreement (IFMA), community-based
forest management aLreas and other reforestation prdyects, ndneral lands or mining areas
and reservations, energy resource lands, industrial development areas, and tourism
development  areas  where  productive  activities  could  be  undertaken  to  meet  the
country' s requirements for food security, economic growth, and development.
c)   Settlements Development shall refer to any improvement on existhg settlements in
urban and rural areas or any proposed development of certain areas for settlement
purposes 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 settlement. The settlements
develo|]ment plan ensures for the present and future generations  the following:  (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   colnmunication,
sanitation, and basic utilities such as water, power, waste diaposal, and other services.
d)   Infrastructure Development shall refer to the availability or supply of basic services and
fostering  of  econolnic  and  other  forms  Of  integration  necessary  for  producing  or
obtairing the material requirements of Filipinos, in an efficient, responsive, safe, and
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eco-friendlybuiltenvirorment.Itcoverssubhsectorsoftransportation,communicafrons,
water resources, and social infrastructure: Prior!.did, That the determination of functional
uses  of  lands  within  ancestral  domains  shall  consider  traditional  resource  and
management systems that do not endanger the hves of the people and property of the
local community and neighboring areas or increase the vulnerabhity of the natural
environment to the effects of natural and human-induced geological pror=esses.
cHArmRv
IMPLEMENTING sTRucruRE AND MECHANlsMs
AIcle I
National Land Use Commission
13
14           SIC.14. Creation of the National Land use commission INLUC). -The "aLtiond Land use
15      Commission, hereinafter referred to as the NLUC, is hereby created as a commission under the
16      Office of the president. It shall exercise the powers and responsibilities of the current National
17      I.and use committee which is hereby abolished.
18
19           The NLUC shall act as the highest policy~making body on land use and resolve land use
20      policy conflicts between and among agencies, branches, or levels of the government. It shall
21      integrate efforts and monitor developments relating to land use and the evolution of policies. It
22       may also establish Regional offices.
23
24            SEC.15. Co"posz.£i.a.. a/ #ic NI,UC. -The NLUc shall be composed of the following:
25
26            a)   The  Secretary  of  the  National  Economic  and  Development  Authority  (NEDA)  as
2 7                  Chairperson;
28           b)   The  Secretary  of  the  Department  of  Environment  and  Natural  Resources  as  Vice-
2 9                  Chairpersons;
30
31            The members shall be:
32
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c)   The Senetaries of the Departments of Finance, Justice, Agriculture, Public Works and
Highways, National Defene, Trade and hdustry, Agrarian Reforny Interior and Local
Goverrment, Tourism, Transportation, Science and Technology, Energy, Information
and Communications Technology, and Human Settlements and Urban Development;
d)   The Chairperson of the National Commission in Indigenous Peoples (NCIP);
The Department Secretaries and the Chairperson of the NCIP may designate representative
8      with a rank not lower than Assistant secretary and commissioner, respectively: Prtm[.did, That
9       the designated representative shall be engaged on a permanent basis.
10
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14
15
16
17
18
19
20
21
22
23
e)   The presidents of the Leagues of provinces, Cities, and Municipalities, or their designated
representatives;
f)    A representative from each of the four (4) basic sectors directry involved in land use,
namely the urban poor, farm-peasants, fisherfolk, and indigenous peoples, who shall be
appointed based  on the norfunation and recommendation of the respective sectoral
councils of the National Anti~Poverty Commission (NAre). At least two (2) sectoral
representatives shall be women;
g)   Two (2) representatives from private subdivisions and housing developers; and
h)   Two (2) representatives from the accredited association Of professional dealing with land
use such as but not limited to urban and regional plarmers, environmental planners,
architects, geologists, and geodetic engineers;
A consultative body shall likewise be convened by the NLUC at least once a year or as often
24      as may be necessary. It shall be composed of representatives from the Leagues of Municipalities,
25      Cities, and provinces, other government agencies not represented in the NLUC, and from non-
26      government sectors such as the private sector, non-government organizations  (NGOs) and
27       people's organizations (POs) and the academic community.
28
29            SEC.16. Pozucrs fled F##cfi.ous. -The NLUc shall have the following powers and functions:
30
a)   Advise the President of the Philippines and the NEDA Board on all matters concerning
land use and physical planning;
26


1           b)   integrate and harmonize all laws,  guidelines, and policies relevant to land use and
2                 physical plaring to come up with a rational, cohesive, and comprehensive mtional land
3                  use framework;
4           c)   Formulate policies and endorse land use and physical plarming-related policies that may
5                  be formulated by the Regional I.and use policy council (RLUPC), created under section
6                  22 of this Act, and concerned agencies as well as promulgate zoning and other land use
7                 control standards and guidelines which shall guide the formulation of land use plans
8                  and zoning ordinances by LGUs;
9            d)   Periodically  prepare,  review,  and,  if necessary,  update  the  national  framework  for
10                  physical  planning  to  provide  the  general  framework  for  the  spatial  development
11                  directions for the entire country and sutmational levels;
12           e)   Review and endorse all land used and physical plarming related guidelines;
13           fl    Monitor and coordinate the gathering of data, the conduct of studies pertairing to land
14                 use planning including studies on the management of idendfied land uses and such other
15                  studies not undertaken by other government agencies;
16           g)   Recommend to the president of the philippines the adoption, passage, or amendment of
17                  laws to ensure that sectoral programs, plans, prdyeets,  and activities, including local
18                  governlnent  initiatives  affecting  land use  are consistent with  national  development
19                  dyectives, including the endorsement of land use prcjects of national significance;
20           h)   Coordinate  with  and  assist  other  government  agencies  and  LGUs  in  planning,
21                  developing, and implementing their land use classification programs, and provide, to the
2 2                  extent possible, technical assistance and guidance;
23            i)    Monitor  and  coordinate  the  activities  of  concerned  agencies  and  entities  of  the
24                  government, as well as LGUs, in the enforcement and implementation of pohcies and
2 5                  regulations relating to land use and resource management and development;
26           j)    Monitor  and  coordinate  activities  in  the  establishment  of a  national  land  resource
27                  information and management system of concerned agencies that shall integrate and
28                  process  inforrmtion  on  land  use  and  allocation  generated  by  the  various  national
29                  goverrment   agencies;   define   information   requirements   at   various   levels;   and
30                 standardize  information  inputs  and  outputs  including  scales  and  symbols  used  in
31                  territorial and sectoral maps;
32            k)   Be  the  repository  of all  RPFPs,  PDPFPs,  and CLUPs,  and all  data  and  information
33                  pertaining to land and land use;
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I)    Can on any department, bureau, office, agency, or instrumentality of the government,
and/ or private entities and organizafron for cooperation, support, and assistance in the
performance of its functions;
in)  Deride and resolve policy conflicts and territorial jurisdiction on land use between or
among agencies, branches, or levels of the government, and act on unresolved land use
policy conflicts at the regional level elevated by the Regional I.and Use Poficy Council
(RLUPC),
n)Adoptndesofprcx=eduresfortheorderlyandexpeditiousconductofmeetingsandother
business of the Count.il; and
o)   Perform  such  other acts  and  functions  and  exercise  such  other  powers  as  may  be
necessardy implied, inherent, incident, or related to the foregoing.
SEC.17. NLLrc TecJiHi.car Scarctflrfuf (NLUC-TS). -A Technical Secretariat shall be created
14      to provide technical support to the NLUC. It shall be headed by an Executive Director and
15       composedof:
16
17
18
19
20
21
22
a)   Representatives of the member agencies/institutions of the NLUC, who shall have a rank
not lower than the Director level and
b)   The representatives of NLUC members as enumerated in Section 15 (d), (e), (D, and (g)
of this Act.
SEC.18. T7ce NL UC Tcc##i.cflz Sccrefflrl.fit frec#£i.zJc D..rector. -The Executive Director shall
23      supervise the operations of the NLUC Technical secretariat and assist the NLUc chairperson
24      or his/her designated CEO. in the absence of the CEO, he/she shall preside over the meetings
25       of  the  NLUC-TS.  He  shall  also  perforln  such  other  functions  as  may  be  tasked  by  the
26      Chairperson or CEO-Vice chairperson.
27
28            SEC.19. O#..cos, uni.fs, fir.d sffl#Swpporf. -The NLUC-rls Executive Director sham establish
29      the NLUC-TS offices and organize appropriate staffing. The staffing pattern shall be dratted by
30      the NLUC in coordination with the DBM and Civil Service Commission. Other government
31       agencies may also be called upon for staff support.
32
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28


Article 11
Local Development Councils as Local Land Use Policy Councils
3
4           SEC. 20.  Citquunicipal  Land  use poliey  council  (C"LUPC).  ~ The city/Muinc±pal
5      Development Council  (C/Mne),  created  under  Section  106  of  the  LGC,  shall  act  as  the
6      City/Municipal  I.and  Use  Poricy  Council  (C/MLUPC)  that will  tackle  land  use  concerns
7      whenever necessary. A duly authorized representative from the DAR, the DENR, and the DA
8      shall be included in the composition of the c/MLUPC. In addition to the functions enumerated
9       insection 109 of the 1991 LGC, the c/MLUp sham:
10
11           a)   Advise the sangguniang Bayan or sangguniang panlungsod on all matters pertaining to
12                  land use and physical plarming;
13           b)   Review  and  endorse  to  the  Sangguniang  Bayan  or  Sangguniang  Panlungsod  for
14                 adoption, the cLUp prepared and periodically updated by the c/ MPco and other land
15                  use and physical planning-related policies; and
16            c)    Decide and resolve policy conflicts on land use plarming, classification, and allocation
17                  that may arise between and among barangays and any unresolved land use conflict at
18                  the barangay level regarding the violation of zoning ordinances including opposition to
19                   apphcations for locational clearances, permits, or certificates.
20
21           For  purposes  of  this  Act,  the  City/Municipal  Planning  and  Development Coordinator
22       (C/ Mpne) shall: (a) act on all applications for lorational clearances for all projects except those
23      of vital and national economic or environmental significance; and a3) monitor ongoing/exising
24      projects  within  their  respective  jurisdictions  and  issue  notices  of  violation  to  owners,
25      developers, or managers of prtyeets that are violative of zoning ordinances. The c/MLUpc may
26      call  upon  any  local  official  concerned  such  as  C/MPC,  City/Municipal  Agriculturist,
27      City/Municipal  Environment  and  Natural  Resources  Officer,  City/Municipal  Engineer,
28      City/Municipal Assessor, or any official of national agencies during discussions on land use
29      and  physical  planning concerns.  Local  government units without operational  C/MIX  as
30      mandated by the 1991 LGC shall activate their respective councils within six (6) months from
31       the effectivityof thisAct.
32
29


1             SEC.  21.  Prat".#ct.¢J Lfl#d  Hsc PoJiey  Co#Hc}.I  Q'LLHPC).  -The  Provincial  Development
2      Council PDC), created under section 106 of the 1991 LGC, shall act as the provincial I.and use
3      Policy Council  that will tackle land use concerns whenever necessary.  A  duly  authorized
4      representative from the DENR, DAR, and DA shall be included in the composition of the
5       PLUPC. in addition to the functions enumerated in Section 109 of the 1991 LGC, the PLUFT
6       shall:
7
8
9
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11
12
13
14
15
16
17
18
19
20
21
22
a)   Advise the Sangguniang Panlalawigan on all matters pertaining to land use and physical
planning,
b)   Review and  endorse  to  the Sangguniang Panlalawigan for adoption,  the  provincial
physical  framework  plans,  prepared  and  periodically  updated  by  the  Provincial
Planning and Development Office, and other land use and physical planning-related
pohicies,
c)   Assist   the   Sangguniang   Panlalawigan   in   reviewing   the   CLUPs   of  component
cities/municipalitiestoensureconsistencywiththeprovincialphysicalframeworkplans
and  compliance  with  the  limits  prescribed  under  the  1991  LGC  for  reclassifying
agricultural lands; and
d)   Decide and resolve policy conflicts on land use planning, classification, and allocation
that may arise between or among cities/municipalities and any unresolved land use
conflicts at the city/ municipal level.
The PLUPC may call upon any local official concerned such as the Provincial Planning and
23      Development  Coordinator,  Provincial  Agriculturist,  Provincial  Environment  and  Natural
24      Resources officer, Provincial Engineer, Provincial Assessor, or any official of national agencies
25      and other relevant agencies during discussions on land use and physical planning concerns.
26
27            SEC. 22. Rg..omaJ L¢#d Lrsc poJ{.ey co##c!.J (RLLmc). -At the regional level, the Regional
28      I.and use policy council (RLUPC) shall be institutionalized, replicating the NLUc structure
29      and composition which shall indude a duly authorized representative from the NEDA, the
30      DENR, DA, and DAR. The RLUPc shall have the following functions:
31
32
a)   Formulate and adopt regional pohicies on land use and physical plarming;
30


1           b)   Prepare  and  periodically  update  a  regional  physical  framework  plan,  taking  into
2                  consideration national pdicies and lower-level plans;
3           c)   Assist the provinces in preparing and periodically updating their physical framework
4                  plans to ensure consisteney with the regional and national plans and pohicies and to
5                  facilitate the integration into the regional plans;
6           d)   Review, prior to adoption by respective sanggunians, the provincial physical framework
7                 plan and CLUPs of highly urbarized and independent component cities  to ensure
8                  consistency with the regional physical framework plan and national poificies set forth by
9                  LUpc and compliance with limits  prescribed under  the  1991  LGc  for reclassifying
10                  agricultural lands;
11           e)   Decide and resolve pdicy conflicts on land use planning, classification, and allocation
12                  that   may   arise   between   or   among   regional   line   agencies,   provinces,   and
13                  cities / municipalities;
14           f)    Monitor changes in land use and other physical resources in the region;
15            g)   Evaluate  consistency  of  major  programs  and  projects  with  the  regional  physical
16                 framework plans and their impact on land use and the envirorment;
17           h)   Undertake  the  gathering  of  regional  data  for  the  I.and  Resource  Information  and
18                  Management system; and
19            i)    Perform other related functions as may be directed by the NLUC.
20
21                                                                                Article Ill
22                                        Adoption, Approval, and Review of hand use plans
23
24            SIC. 23. Cowpome7If cz.fz.cs and Mzt7#.ci.prJz.fz.cs. -Component cities and municipalities shall
25      have the power and authority to adopt and approve their respective cLUps and zos through
26      their respective sanggunian sutryect to the power of review of their respective provinces only
27      with respect to the consistency of the cLUps and zos with section 8 hereof on the preparation
28      of the provincial physical framework plan. Upon adoption and approval of the cLUp and zo
29      by the sanggunian, all land areas zoned for residential purposes or for settlements development
30      shall cease to be covered by the cARp and, therefore, shall not be required to secure further
31      order of land conversion or exemption certificates from the DAR, except for the payment of
32      disturbance compensation if applicable, as well as the requirements pertaining to the issuance
33      of Environmental compliance certificate (ECC) by the DENR.
31


1
2           SEC.  Z4.  Provinces  and  Independent  and  Highly  Urbarrized  Cities.  -  Prorrin!ces  and
3      independent and highly urbanized cities shall have the power and authority to adopt and
4      approve their respective cLUPs, ZOs, or PDPFP, as the case may be, through their respective
5      Sanggunian but srtyect to the review of the RLUpc as provided in section 22 of this Act.
6
7                                                                              Article Iv
8                               Responsibilities of the National Government Agencies and LGUs
9
10            SEC.  25.  N¢fi.orra[  B¢sc  M¢znyl.Hg  ProgrHm  -  A  national  mapping  program  shall  be
11      implemented, coordinated, and mohitored through the creation of an interagency Technical
12      Comrfuttee  (ITC) composed of the National Mapping and Resource Information Authority
13       (NAMRIA), as the lead agency, the Bureau of soils and water Management (BSWM), the Forest
14      Management Bureau (FMB), the I.and Management Bureau (LMB), the protected Areas and
15       Wildlife Bureau (PAWB), the Mines and Geosciences Bureau (MGB), the philippine Institute of
16      Volcanology  and  Seismology   (PHIVOLCS),  DAR,  the  National  Water  Resources  Board
17       (NWRB), DOE, NEDA, and other concerned government agencies/bureaus. The ITC shall be
18      constituted, and  the map|]ing program shall be initiated, withn thirty  (30)  days from the
19      effectivity of this Act. The agencies mentioned in this section shall endeavor to finish their base
20      rapping program  within two  (2)  years  upon  the  effectivity  of this  Act.  For purposes  of
21      uniformity and standardization, the LGUs, to be assisted by the appropriate agencies of the
22      national  government,  shall likewise  prepare  their respective  territorial  maps using  scales,
23       symbols, and other indicators to be prescribed in accordance with this Act. The completed maps
24      shall be integrated into the national physical framework plan pursuant to section 5 of this Act.
25
26            SEC.  26.  NflfI.o"J  Geo-Jacz¢rd Md;xpi.rig ProgrHou  -  Within  thirty  (30)  days  from  the
27      effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated jointly thni
28       the  NLUC by  the  PHIVOLCS,  the  Philippine  Atmospheric Geophysical  and  Astronctmical
29      Services Administration (PAGASA), the NAMRIA, the Mines and Geosciences Bureau (MGB),
30      BSWM, and DOE, in coordination with the National Disaster Risk Reduction and Management
31      Council   (NDRRMC),   the   Regional   Disaster  Risk  Reduction  and   Management  Council
32       (RDRRMC),  and  other  concerned  government  agencies.  The  program  shall  include  the
33      generation of indicative gechazard zoning maps that win outline areas in the philippines that
32


1      are prone to liquefacfron,1andsrides, severe flooding,1ahar, ground rupturing, tsunami, river
2      erosion, coastal erosion, sinkhole collapse, earthquake,lava flow, pyrorlastic flow, base surge,
3      and other natural hazards.
4
5           For  purposes  of  uniformity  and  standardization  and  in  order  to  develop  a  safe-built
6      environment, the LGUs shall subsequenfty incorporate and integrate the generated geo-hazard
7      zoning maps in their respective cLUPs. Said geoThazard maps shall serve as a guide for all the
8      LGUs in the preparation of their own hazards{onstrained development plans. The national
9      framework physical planning, pursuant to section 5 hereof, shall incorporate these geo-hazard
10      raps.
11
12            AIl  infrastructure   activities   including  real   estate   and   subdivision  prqjects   and   the
13      development Of tourist spots requiring an ECC shall be required to submit an Engineering
14       Geological and Geo-hazard Assessment Report (EGGAR).
15
16           SBC. 2:I. Scope and Nature of Responsibilities of other Natioml Govern:ment Agencies. -
17      All concerned national government agencies/bodies shall periodically report to the NLUc on
18       the various activities and accomplishments relative to land use. Likewise, they shall provide
19      their respective sectoral/development plans and render technical and administrative support if
20      called upon by the NLUc relative to the implementation of the provisions of this Act.
21
22           SIC. 2S. Submission of Annual Report on the Implementation of cLUPs. -The c/ MT:UPC
23      shall submit an armual report on the implementation of their land use plans to the PLUFC,
24      which shall integrate the same for submission to the RLUPC, which shall in turn integrate the
25      provincial reports for submission to the NLUC.
26
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30
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5
CHAPTER VI
SPECIAL AREAS 0F CONCERN
Article I
Agricultural Lands
6
7            SEC. Z9.  Priority  Areas for Agricultwral Development.  ~ Priorty  areas  for  agivc`iit`iral
8      development shall be those agricultural areas covered under Republic Act No. 6657 or the
9      CARP, as amended, and those covered under Network of protected Areas for Agricultural and
10      Agro-hdustrial Development (NPAAAD), defined in section 4 of this Act and in Republic Act
11       No. 8435, or the ``Agriculture and Fisheries Moderrhation Act".
12
13             SEC. 30. Co#zJers!.oH a/Ag7`.I.carfurtzJ Lflnds. -Agricultural lands are deemed converted to
14      non-agricultural uses upon approval by  the  DAR of the apphcation for conversion.  Prime
15       agricultural lands and specific types of lands to the extent necessary for attaining food self-
16      sufficiency in rice and com and food security in other basic commodities, as determined by the
17      DA, sutryect to mandatory consultation with the LCDs, the private sector, the NGOs, and pos,
18      shall be protected from conversion, which shall include but not linited to areas under the
19       NPAAAD: Proz7I.did, That all irrigated and irrigable lands, all lands developed or possessing the
20      potential for development of high value crops, and all agricultural lands that are ecologically
21      fragile and whose conversion will result in serious environmental problems shall be given full
22       protection from conversion, the areas under which are sutyect to review every seven (7) years
23      by the DA, with the mandatory pubhc consultations: Provz.did,¢rf/ref, That consistent with the
24      State poliey on giving priority  to the completion of the CARP, all lands sulject to CARP
25      including those lands covered under the notice of compulsory acquisition/voluntary offer to
26      sell, production or profit-sharing, or commercial farm deferment shall also be protected from
27      conversion pending the distribution and installation of the farmer beneficiaries, but thereafter,
28       Section 22 of Republic Act No. 9700, or the ``CARP Extension" shall apply: Proded,/frf/zcr77zo7if7,
29      That the conversion of agricultural lands for use of priority government projects for basic
30      services such as, but not limited to,  irrigation and power shall be allowed only upon the
31       recommendation of the secretaries of the DA and the DAR: P#orH.did,frziz!Zy, That the mapping
32      of the NPAAAD under the AFMA shall be completed within two (2) years from the effectivity
33       of this Act.
34


1            I.ands  defined under Section 10 of Repubhc  Act No.  6657 shall remain exempted  and
2      excluded from the coverage of CARP.
3
4           SEE. 31. Sub-classif tcation or Re-classif tcation of Agricultural Lands by LGUs.  ~ Sub-
5      classification or re{lassification of agricultural lands to other uses under section 20 of the LGC
6      of  1991  shall exdude  the  protected  agricultural  lands  as  stated  in  the  preceding  section.
7      Moreover, such sub-classification/rerlassification is not synonymous to conversion. The DA
8      and DAR shall provide the LGUs with a complete list and maps of protected agricultural lands
9      within their territorial jurisdictions.
10
rfucle H
Forest Lands and Watershed Marmgement
14           SEC.  32.  Reversion  Of  Alienable  and  Disposable  Lands  to  Forestlands.  -  Upon  the
15      recommendation of the secretary of the DENR, duly reviewed and endorsed by the NLUC, and
16      after due consultations with the concerned LGUs and affected parties, Congress may authorize
17      the reversion of alienable and disposable lands of the public domain or portion thereof to
18      forestlands. Thereafter, said lands shall be included in the preparation of land use plans within
19       forestlands.
20
21             SEC. 33. Cri.fi.caJ Wtlfushed Arefls. -The DENR, in accordance with the DA, LGUs, and
22      other government agencies, including govemmentowned and Controlled corporations, and
23      with mandatory public consultations, shall identify and delineate critical watershed areas that
24      need to be protected, rehabilitated, enhanced and/or withdrawn from uses that contribute to
25       their further degradation.
26
2]           SEE. 34. Forfnulation and Implemeutatio'n of Integrated watershed Management plo:rls. ~
28      In the absence of a law on the protection and sustainable management of our forests, the LGUs
29      through their local land use committees and upon mandatory consultations with the concerned
30      sectors, and with the assistance of DENR, shall prepare their watershed management plans
31      which shall be integrated with their respective cLUPs. The formulation and integration of the
32      plan shall be guided, among others, by the principle that the management and development of
35


1      irdand water resources shall be at the watershed level. A nationwide mapping of watersheds in
2      the country shall be implemented.
3
4           In cases where the watershed areas transcend the boundaries of a particular municipality, an
5      inter-LGU committee composed of representatives from local land use committees of the LGUs
6      where the watershed area is lox:ated shall be formed. With the assistance of the DENR and upon
7      mandatory cousultatious with the concerned sectors, the inter-LGU committee shall formulate
8      the watershed management plan for the said watershed area.
9
10           The DENR and the concerned LGUs shall jointly implement the watershed management
11      plan  subject to  regular  condtations with and involvement of the  community  and  other
12      stakeholders in the implementation of the plan. The preparation of forest land use plans shall
13      nrake ue of the watershed as the basic planning unit.
14
15           SEC. g5. Establishment and Management of National parks. -All areas predairm!ed by tl\e
16      President and congress under the NIPAS, pursuant to Repubhc Act No. 7586, as amended by
17       Republic Act No.11038, including those identified as component of the NIPAS, shall comprise
18      the Nationd Parks classification of the public domain. The DENR and concerned LGUs shall
19      ensure that such areas are integrated in the CLUP and physical framework plans; Pror#.did,
20      hoz{urrer, That the preparation of the management plans of the protested areas and national parks
21       sham be in accordance with the provisions of Republic Act No. 7586, as amended by Repubric
22      Act No.11038, and other laws establishing or declaring a spedfic area as permanent component
23       of the NIPAS.
24
Article nl
Coastal Zone
27
28           SEE. 36. Criteria on the Allocation and utilization of Lands within the coastal zones. -
29      The anew:ation and utilization of lands within the coastal zones shall be guided by the following:
30
31           a)   Areas vegetated with mangrove species shall be preserved for mangrove production and
32                  shall not be converted to other uses;
36


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b)   Areas which meet au accepted criteria on elevation, soft type, sod depth, topography,
supply  for  successful  fishpond  development,  and  are  not  identified  as  mangrove
protectedareas,shallbeutilizedforaquaculturepurposes;
c)   Areas  sub{lassified  as  mangrove  and  stiu  suitable  for  use  as  such,  or  due  to
envil.ormentalconditions,needtobepreservedasmangrove,butisdevoidofmangrove
standsshaunotbeconvertedtootheruses.TheDENRshallensurethattheselandsshall
be reforested within a given period of time;
d)   Areas accessible to the sea and identified for fisherfolk settlement and housing shall be
allocated to traditional fisherfck who are inhabitants of the coastal communities and
members of legitirmte fisherfok organizations and/or holders Of stewardship  lease
contracts or titles to ancestral donraius or any form of property right arrangements who
participate  in  coastal  resource  management  ihihatives,  sutject  to  the  usual  census
prcx:edures of the HUIX=C.
e)   Areas that are neither subelassified as mangrove, fisherfolk settlement nor fishpond may
bedevotedtorecreationalortourismpurposes:ProrJz.did,Thatsuchundertakingwillnot
result in environmental degradation and displacement Of small fishers;
0    Areas which are considered as traditional fishing grounds shall be used prindy for
such purpose;
g)   Areas which have been anor:ated for small irrfuastructure needed by fisherfolk sham be
auowed; and
h)Areaswhichformpartofforeshorelands,includingreclamationareas,asdefinedinthis
Act including those which are under lease agreements or arrangements shall undergo
zoningandevaluationtodeterminetheirboundariesandactualsizesandcorresponding
uses.
SEC. 37. Cofls£#Z I.fled Zone S#b-chassi./I.carl.or. -  All public lands in the coastal zones shall
be  sub{1assified  into  any  Of  the  following:  estuaries,  lagoons,  inter-tidal  flats,  mudflats,
fishponds,mangroves,protectionfromtidalsurge,forthepreservationofbiodiversity,habitats,
and    sanctuaries     for    endangered    wildlife,    fisherfolk    settlement,    reclamation    or
recreational/tourismareas.Nosub{fassificationofcoastalzonestodifferentusesshallbedone
without the following:
37


1           a)   Conduct of a comprehensive resource and envirormental assessmentby the DENR and
2                 respective LCDs and accredited NGOs and res within their jurisdiction; and
3           b)   Prior consultation with the Local Fisheries and Aquatic Resource Management councils
4                  (FARMCs) formed under Repubhc Act No. 8550, or the "Philippine Fisheries code".
5
6            SEC. 38.  Zoning a/ Foresfrore Areas.  -Lcx=al government units, in coordination with the
7      DENR,  sham conduct zoning of their  respective foreshore  areas  to assist government and
8      community fishers idendfy priority areas for conservation and development, and to enable
9      them to set targets for mangrove reforestation and rehabilitation.
10
11           SEC. 39. Protection of waterways Easements and Flood plains. -Structures of an:y kind
12      shall not be built in waterways easements. Pursuant to Presidential Deffee No.1067 or the
13      "Water code'', the bards of rivers and streams and the shores of the seas and lakes throughout
14       their entire length and within a zone of ten (10) meters in urban areas, twenty (20) meters in
15      agriultural areas, and forty (40) meters in forest areas, along their margins, are sutyert to the
16      easement of pubhic use only in the interest of recreation, navigation, floatage, fishing, and
17       salvage.
18
19           The protection of flood plains sham adopt a river basin management approach in order to
20      come up with integrated flood mitigation interventions. Development within flood plains and
21      other flood-prone areas must be controlled or, if allowed, must be so sited, constructed, and
22       serviced that the life of cx=cupants is not put at risk and that disruptions during floods are
23      minind. The identification and characterization of flood-prone areas and flood plains shall be
24      an integral part of cLUp preparation. Through the cLUps and zoning ordinances, LGUs shall
25      establish land use regulations to mitigate flood risks.
26
27            The DPWH, in coordination with DasT and DENR, sham declare flood control areas, as
28      necessary, and prohibit or control activities that could damage or cause deterioration of lakes
29      and dikes, obstruct the flow of water, change the natural flow of rivers, increase flood losses or
30      aggravate flood problelns pursuant to presidential Decree No.1067.
31
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Article IV
uneral Lands
SEC. 40.  Criteria for  the  Utilization  and  ALllocation  Of Land for  Mining  Purposes.  ~
CousistentwithSection6ofthisActandtheprovisiousOfRepubhcActNo.7942orthe``Mining
Actofl995'',andtoeusurethattheotyectivesofmaintainingecologicalbalanceandmaximizing
econonric returns to miring operations are realized, the allcx:ation and utilization of lands for
mining purposes sham be guided by the following:
a)   The principles Of sustainable development and responsible mining;
b)   In case of small-scale mining, adequate and acceptable safeguards shall be instituted by
the holders of miring rights or permits to prevent environmental degradation of the
mining sites and adjacent areas;
c)   Mineral reservations which have become nonoperational for more than five (5) years as
detemined  by  the  Mines  and  Gcosciences  Bureau  (MGB)  shall  be  placed  under
appropriate surface management by the DENR; and
d)   Consistent with the Mining Act of 1995, areas closed to mining operations shall be
periodically reviewed through mineral exploration to be undertaken by the DENR for
thepurposeofdeterminingwhetherornottheircontinuedclosureiscousistentwiththe
national interest and, if warranted, recommend their reclassification as mineral lands.
e)   Protection forestlands and agricultural lands shall be exempt from miring activities to
ndnimize the effect of rmtural calamities and to protect food security respectively. The
small  to  large-scale  mining  operations  shall  yield  from  and  recognize  the  tenurial
instrunentgivenbythegovernmentsuchasChiginalCertificateofTitle(On),Transfer
Certificate   of   Title   qcT),   Certificate   of   the   Ancestral   Domain   Title   (CADT),
Emancipation  Patent{ertificate  of  I.and  Ctwnership  Award  (EP-CLOA)  and  other
instruments. If these be present, no mining activity shall be conducted.
SEC. 41. Rcrz)crsi.o# a/MI.nerHJ I,¢nds. - All mineral lands with exhausted mineral resources,
as determined by the MGB upon the recommendation of the DENR, shall revert to its original
landclassification,thatis,asforestlandoragriculturalland.Inthecaseofforestlands,theDENR
rmyclassifysuchareasforotherpurposesinconsultationwithconcernedLGUs,thecOT,and
other national government agencies.
39


ARTICLE 5
ENERGY RESOURCE LANDS
3
4           SEC. 42.  Guidelines for the utilization  and  Allocation  of Lands for  Energy  Resource
S      Exploration, Developmat, Production, Utilization, and Distribution purposes. ~ To e:r\s`ire
6      that the opjectives of rmintaining ecological balance and maximizing the power potential from
7      indigenous energy resources in the most econorfucal and environmentally acceptable means are
8      realized,  the  allocation  and  utilization  of lands  for  said  purposes  shall be  guided by  the
9      fonowing, consistent with existing regulations and laws on energy resources:
10
11           a)   Indigenous energy resource exploration and development for the purpose of a National
12                  Energy Resource Inventory and Data Base as wen as Energy Resource Block Map shall
13                  be allowed supjeet to the implementation of complementary watershed and other land
14                  management plans;
15           b)   Indigenous  energy  resource  exploration,  development,  production,  utilization,  and
16                  distribution  shall  be  sutryect  to  the  appropriate  requirements  and  prCh=esses  of  the
17                 Philippine Envirormental Impact statement qls) system Each project shall secure an
18                  ECG prior to project implementation to ensure adequate and appropriate environmental
19                  marmgement measures and optimum methods for resource access and recovery are
20                  utilized; and
21           c)   Energy reservations or portions thereof which have become or have been established to
22                  be non-economically viable to operate or are no longer used for energy purposes shall be
23                   released  to  give  way  to  other  land  uses,  sutryeet  to  existing  laws  covering  energy
2 4                   reservations.
25
26            SEC. 43. Rcoersi.o# a/ £#grgy Rcso#rcg Lands. -All exhausted indigenous energy resource
27      lands not covered by proclamations sham automatically revert to the category of forestlands or
28      agricultural lands open to disposition, whichever is appropriate. Exhausted energy resource
29      lands shall refer to specific energy resource sites whose energy reserves of the desired type/s
30      are no longer in sufficient quandty or quality to justify the additional expenditure for their
31       extraction and utilization.
32
33
40


cHArmRvll
SEITLERENTS DEVELOPMENT
3
4            SEC. 44. Tott#fy ci.fry, Cnd sc#Zc"c7!ts I)cuc!o;"i'!en£ -The development of towns, cities, and
5       settlements through the zoning ordinances of cities and municipalities shall be  guided by
6      CLUps and urban zoring standards designed to maximize existing urban spaces. Socialized
7      housing and settlement areas shall be established only on alienable and disposable lands in
8      order to avoid further degradation of forestlands.
9
10            SEC.  45.  ScffJcmenfs  tot.fJ!  Gco-haz4!rd Arefls.  ~  Settlements,  in  pardcular  housing  or
11       residential developments, within geo-haLzards areas may be allowed: Pfitlt7z.did, That mitigating
12      and/or protective measures are adopted to address the potendal danger or risk to lives and
13      property  within  such  settlements.  h  coordination  with  the  concerned  agencies  of  the
14      government, the Lure shall provide assistance to concerned LGUs and settlers in instituting
15       safety and corrective measures to address the potential danger or risk.
16
17            Residentjal zones as designated in the CLUP shall be considered outside the geo-hazard
18      areas. For this purpose, housing projects within such areas shall be exempt from the ECc as
19       well as the Engineering Geological and Geohazard Assessment Report (EGGAR) and may be
20      implemented without the need for any further certificate of exemption from the DENR or any
21       other governlnent regulatory agency.
22
23            SEC.  46.  Dcsi.g"f!.ow  a/ Sfl#i'tory  L¢nd/1.J!.  ~  Each  city  or  municipality  shan  identify,
24      designate, and a]lorate an area within their territorial jurisdiction to serve as a sanitary landfill
25      within one (1) year from the effectivity of this Act. The LGUs, in coordination with the DENR
26      or any other competent authority, shall identify sanitary landffl in order to fast-track the
27      conduct of the envirormental impact assessment study and to facilitate the processing of the
28      environmental  compliance  certificate.  The  site  or  area  shall  be  identified  in  the  city  or
29      municipality's CLUP. For this purpose, cities and municipalities shall estabhih their solid waste
30      rmnagement program, pursuant to R.A. No. 9003, otherwise known as the "Ecological schd
31      Waste Management Act of 2000". Likewise, as provided under section 33 of the LGC, cities and
32      municipalities may, through appropriate ordinances, bind themselves toward the establishment
33      of a colrmron solid waste management program
41


1            Within ninety (90) days from the effeetivity of this Act, the DENR, in coordination with
2      concerned  agencies,  shall  promulgate  the  necessary  guideines  and  standards  for  the
3      formulation  and  estabhihment  of  the  sofid  waste  management  programs  by  cities  and
4      mulcipahties, and shall submit the same to the LUpc for review and approval.
5
6           SEC. 41. Designation and zoning of socialized Housing zones. -Each cty or "wic±pali:fas
7      in urban, urbarhable and rural areas shall designate through the CLUP adequate lands for
8      housing or residential purposes, including socialized housing and resettlement areas for the
9      immediate and future needs of the local population as well as the underprivileged and homeless
10      in  their  territory,  pursuant  to existing  laws  and  regulations.  In  order  to  ensure  adequate
11      availabhity of land for the housing needs of the lcx=al population, the cLUp shall be updated, at
12      maxinum, every ten (10) years for provinces, cities, and municipalities. The designated sites for
13      socialized housing sham be located in residential zones and shall be zoned as socialized housing
14      zones that are integrated into the city or municipality's zoning ordinance, pursuant to existing
15       1awsandregulations.
16
17            Fisherfolk settlements and housing in coastal municipalities sham be zoned near the sea for
18       easy access to their livelihood as provided under section 36 ap) of this Act.
19
20           The  housing  or  residential  lands  designated  in  the  CLUPs  and  ZOs  of  cities  and
21      municipalities shall, on one hand, not be surtyeet to the further land reelassification by the LGU
22      or land conversion prcx:edure under DAR. On the other hand, agricultural lands as designated
23       in the cLUp which are no longer economically feasible for agricultural use may be subject to
24      land reclassification or conversion to housing/residential purposes, and such conversion, as the
25      case may be, shall be exempt from the coverage of any moratorium on land conversion.
26
27            SEC. 48. UrbaH Forest or Green spflcc. -Each city or highly urbanizing municipality shall
28      identify, designate, and allcx:ate lands owned by the city or municipality as urban forest or green
29      space based on the guidelines and standards to be issued by the DENR and approved by the
30       NLUC.
31
32
33
42


CHAPIER VIII
INDUSTRIAL DEVELOPMENT AREAS
3
4           SEC. 49. Criteria f or Designating Industrial Development Areas. ~ The idenffieahon and
5      establishment of industrial development areas shall conform with the provisions of Republic
6       Act No. 7916 or the ``Philippine Econonric zone Authority (PEZA) Acf', Repubhc Act No. 6657
7      or the ``Comprehensive Agrarian Reform program (CARP) Act", as amended by Republic Act
8      No. 9700 or the "Comprehensive Agrarian Reform program with Extension and Reforms Act
9       (CARPER)'', Repubric Act No. 8371 or the ``Indigenous peoples Richts Act (n'RA)", Repubhc
10       Act No. 7279 or the "Urban Development Housing Act (UDHA)", and Repubfic Act No. 8435
11      or the ``Agriulture and Fisheries Modernization Act (AFMA)", taking into consideration the
12       following:
13
14           a)   Identified network of areas for agricultural development and protested agricultural areas
15                   pursuant to the AFMA;
16           b)   National  policies  on  the  regional  dispersal  of  industries  and  agri-based  industrial
17                   development;
18           c)   Identified growth areas and corridors in the National Development plan;
19           d)   NIPAs and non-NIPAs areas that require protection;
20           e)   Nationd and urban Development and Housing Framework;
21            f)    Identified socialized Housing zones; and
22           g)   National framework for physical planning and other existing national programs and
2 3                    policies.
24
25           The desigrmted industrial development areas shall become an integral part of the land use
26      plan and zoning ordinance of the city or municipality where these areas are located.
27
28                                                                 cHAprER "
29                                        TOURISM DEVELOPMENT AND HERITAGE AREAS
30
31            SEC.  50.  Dcs!.g"fl.Hg  To#r!.sin  Dc7JCJapmc#r Afters.  ~  The  identification,  selection,  and
32      development of tourism development areas, tourism estates, and tourism enterprise zones
33       (TEZs) shall be done in consultation and coordination with the concerned LGUs, the TIEZA,
43


1      and  the  concerned  national  government  agencies,  the  private  sector,  and  the  affected
2       communities, suljeet to the provisions of Repubhc Act No. 9593 or ``Tourism Act of 2009".
3      Tourism development areas shall likewise include those covered by legislative and executive
4      issuances as tourist spots, tourist zones, and tourism ecozones which can be developed into
5       tourism estates or integrated resorts, leisure and  recreation complexes, and other tourism-
6      related facilities as weH as those identified in the national, regional, and inter-regional tourism,
7      and area-specific tourism master plans and other sector plans such as eeo-tourism and agri-
8      tourism sites. Designated areas for tourism development shall become part of the cLUPs of the
9       cities or municipalities where these are located.
10
11            Lands identified as part of a TEZ shall qualify for exemption from the coverage of Republic
12      Act Nos. 7279 and 6657 sutyect to niles and regulations to be cralted by the TIEZA, Hunec,
13       and DAR: Pro{„.did, That a certificate shall be obtained from the DA that said lands are no longer
14      economically feasible and sound for agricultural purposes, consistent with section 46(c) of this
15        Act.
16
LJ           EEC.  51.  Identification  and  Declaration  Of  Areas  for  Protection,  Ccmservation,  and
18       Prt7sei.zJflfi.ori a/C#Jf#rtz! Hcr!-toga. -Pursuant to Republic Act No.10066, the National Historical
19      Commission of the philippines (NHCP) Act and/or the National Museum in coordination with
20      the National commission for culture and the Arts, HLURB, and other concerned agencies, local
21      communities, and the private sector shall identify declared areas and structures which shall be
22      protected and/or preserved as part of the philippine cultural heritage.
23
24           The LGUs in coordination with the NHCP, the National commission for culture and Arts
25       (NCCA), and the cultural center of the philippines (CCP) shall designate historical zones to
26      protect  the historical  integrity  of said  geographical areas and  cultural  space Of intangible
27       oultural properties.
28
CHJ-RX
INFRASTRUCITURE DEVELOPMENT
31
32           SEC. 52. Allocation and use of Landf or Inf rastructure Development. ~ Trmd, whcther pubHc
33      or private, shall be allocated and utilized for priority infrastructure projects that are supportive
44


1      of national or lcx:al development otjectives. The NEDA, in consultation with the concerned
2      national government agencies, LGUs, and the private sector shall identify and periodically
3      review, update and/or revise the list of priority infrastructure projects sutyect to sections 6 and
4      30 of this Act, and Section 47 of RepubHc Act No. 8435 or the AFMA. In determining and
5       evaluating the list of priority infrastructure projects, consideration shall be given to those that:
6
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(a)  Respond to immediate and vital requirements of the national economy with priority on
improving rural infrastructure and the development of the agriculture and fisheries
sectors;
@)  Upgrade existing facilities to international standards;
(c)  Address the need for sustainable settlements development; and
(d) Help mitigate the destructive effects of natural disastereausing phenomena or those that
shallserveasalternativestoexistinginfrastructuresfoundinnaturalhazard-proneareas:
Pror„.did, That the provision and implementation of infrastructure support shall be Inade
compatible with existing environmental condifrons and the physical, whether the natural
or  humanlnade  and  cultural  character  of  the area.  Mandatory  public  consultations
pursuant  to  existing  laws  and  regulations  shall be held  prior  to  the  conduct  of all
infrastructure prdyeets that will necessarily involve dislocation or displacement of people
in the area: Pror„.did, ¢trfker, That the proponent of the infrastructure project shall follow
the mles on just and humane eviction or demoHtion under Section 28 of Republic Act
No.  7279  or  the  ''Urban  Development Housing Act  (UDHA)",  notwithstanding the
provisions of Republic Act No. 8975, prohibiting lower courts from issuing temporary
restraining orders, prehminary injunctions, or preliminary mandatory injunctions, and
the  proponent  shall  fonow  the  IPRA:  Prou!.did,  f71¢fty,  That  national  government
infrastructure projects shall allocate budget for the adequate relocation of displaced
conunurities.
SEC.  53.  Infrastructure  Projects  Within  Geo-hazard  Areas.  ~  Constr\rchon of  pTtority
29       infrastructure projects within hazard-prone areas shall be allowed: Prozrz.did, That mitigating
30      and/or  preventive  measures  are  adopted  to  address  the  potential  adverse  economic,
31      socioculfural, and environmental impacts that will emanate from these infrastructure projects,
32      sut*ect  to  the  findings and  recommendations  of a  feasibility  study/environmental  impact
33       assessment in accordance with presidential Decree No.1586, ``Establishing an Environmental
45


1      Impact statement system, including cther Envirormental Management Related Measures",
2       and Republic Act No. 4846 or the "Cultural Properties Preservation and Protection Act", as
3       amended by presidential Decree No. 374.
4
5            Existing projects that did not go through the prcx:ess of an environmental impact assessment
6      and pose threats to the environment, the integrity of historic, archaeological, or sciendfically
7      significant areas; or are impinging on critical eeosystems, may be: (a) terminated immediately;
8       a)) required to implement an Environmental Management plan; (c) gradually phasedrout and
9       relocated; or (d) maintalned up to their life span, surtyect, however, to mitigating measures:
10       ProrH.did, That the rules on mandatory public consultations and just and humane eviction or
11      demolition shall also be observed prior to the termination, gradual phascout, or relocation of
12      projects that win necessarily involve dislocafron or displacement of people in the area.
13
14                                                                  cHArmR in
15                                      TRAINING, EDUCATION, AND VALUES FORMATION
16
17            SEC. 54. VflJ#cs fomi¢f..ou -In order to create a well-informed, responsible, and committed
18      citizenry who values the protection, conservation, and development of the country.'s limited
19      land, and other physical resources, the state shall mandate the inclusion of sustairmble land use
20      education, or any sutyect related thereto in the curricula of primary, secondary, and tertiary
21       education.
22
23             SEC. 55. J7i/077ii¢fz.07z and fd#aczf7.o« Ca77fpri.g7| -The NLUc shall undertake a nationwide
24      education information campaign in land use and physical plarming to be implemented by local
25      and national government agencies. The DILG and concerned agencies shall formulate and
26      implement  a  land  use  management  capabhity-budding  program  for  national  and  local
27      government officials, community leaders, NGOs, POs, the religious sector, and the general
28       pubhc:  ProrJi.did,  That it shall be  mandatory  for local  government officials involved  in the
29      preparation of cLUps and PPFDP, including the municipal, city, and provincial development
30      officer to attend the Land use Management capabihty-Building program
31
32
33
46


1
2
3
4
5
CHARER XII
INCENTIVES, SANCTIONS, AND PENAI.TIES
Article I
Incentives and Awards
6
7            SEC. 56. Formulation of a systen'l of Incentives and Awards. -The t`ILUC s:hall conne out
8      with a system of incentives and awards to LGUs that regularly update their cLUPs within the
9       prescribed period, as fonows:
10
11           (a)  Provinces, Highly urbanized cities, and hdependent component cities once every nine
12                    (9) years; and
13            ®)  Component cities and municipalities once every nine (9) years.
14
15             SEC. 57. Pri.or{.ty I.H GI.ui.#g rech#!.COJ Assz.sfaurc fo I GUs. ~ In providing technical assistance
16      and  other  forms  of  support  related  to  land  use  management  and  the  ilnplementation  of
17      development  plans,  the  national  government  agencies  shall  give  priority  to  cities  and
18      municipalities with approved cLUPs.
19
Jhicle 11
Sanctions and Penalties
22
23           SEC. 58. Fine for Non-Compledon and Non-Com:nencement of Developnerit of Agricuitural
24      Lfl%ds zoi.th Approtjed order a/ Co#tJcrst.om -A landowner and his/her designated developer
25      or duly authorized representative who fails to commence and/or complete the development of
26      agricultural lands with approved order of conversion shall be penalized, jointly or severally,
27      with any of the following fines based on the zonal value of the land at the time the fine is
28       imposed:
29
30            (a)  On failure to commence within one year from the date of conversion order:
31                        i.       Six  percent  (6%)  of the  zonal value  of the  surtyeet land  for  the first three  (3)
3 2                                hectares;
47


1
2
3
4
5
6
7
8
9
10
11
12
13
ii.
iii.
Fifteen percent (15%) Of the zonal value of the srtyect land for the next three (3)
hectares; and
Thirtypercent(30%)ofthezonalvalueofthesutryeetlandfortheremaingarea:
Pror#.did, That the order of conversion shall be deemed revoked automatically
and the land shall revert to its origind agricultural use and covered by the DAR
through compulsory acquisition for distribution to qualified beneficiaries.
ap)  On failure to complete fifty percent (50%) of the approved conversion plan within a
specified time frame. Fifty percent (50°/o) of the zonal value of the suqeet land and the
revorationoftheconversionplanontheundevelopedport:ionshal]automaticallyrevert
to its original use as agricultural land. The same shall be covered under the CARP and
processed for land distribution as soon as possible.
SEC. 59. A#fJiori.fry fo Jxposc fi.ne. - The DAR shall impose the penalty provided for under
14       the precedingsection.
15
16           SEC. 60. Withdrawal of Local Development permits or Licenses. -Upon reee±pt of notiee
17      from the DAR, the concerned agencies and the city or municipality shall withdraw or revoke
18      any development permit and other licenses that may be necessary to develop the agricultural
19       land sutyect to conversion.
20
21            SEC. 61. Uf!.J{.zaf!.o# a/Ft.#cs. -The fines coneeted under sections 57, 62, and 63 hereof shall
22      automatically accrue to the Agrarian Reform Fund consistent with the provisions of the CARP,
23       as amended.
24
25           SEC. 62. Failure to Formulate, Enf orce, antifor Implement the cI:urs. ~ Consistent with due
26      process, the DILG shall investigate, review, and impose appropriate action regarding local chief
27       executives and other local officials and employees responsible for the formulation, enforcement,
28      and/or implementation of the cLUps in case of any of the following:
29
30
31
32
33
(a)  Failure to implement and enforce the CLUP due to negligence of duty;
ap)  Failure to provide appropriate budgetapy allor=ation to effect its implementation; and
(c)  Failure  to  complete  the  preparation  of  the  CLUP  despite  the  availability  of  funds,
resources, and support by the Sanggunian concerned. Any pubhc official or employee,
48


1
2
3
4
5
6
regardless of whether elected or appointed or holding office or employment in a casual,
temporary, holdover, permanent, or regular capacity, found to be responsible for any Of
theforegoingacts,afterduenoticeandhearingbytheappropriatebodyoragency,shall
be punished with forfeiture of salaries and anowances and suspension from: (i) six (6) to
nine(9)months,incaseofnon-implementationofCLUP,or(ii)three(3)tosix(6)months,
in case of non{ompletion of the CLUP.
7
8            SEC. 63. PersoH(s) Abari.rlg JJ!€grJ Co#zJersl.om -Any person iritiathg, causing, inducing,
9      or abetting illegal conversion shall, upon conviction, be imprisoned from seven (7) to twelve
10       (12) years and imposed a fine of not less than one Hundred Thousand pesos (Php100,000.00),
11      or both, at the discretion of the court  Prc".did, That if the offender is a pubric official or
12      employee, whether elected or appointed, the penalty shall, in addition thereto, include dismissal
13       through permanent separation from the service and forfeiture of all benefits and entitlements
14      accruing to the public position and perpetual disqualification to run or apply for any elective or
15       appointive pubfic office: ProrH.did, ¢r#!e7', That if the offender is a juridical person, the penalty
16      of  imprisonment  shall  be  imposed  on  the  president,  chief  executive  officer,  manager,
17      chairperson and an the members of the board, and other responsible officers thereof, and the
18       fine shall be equivalent to the zonal value of the land or forty percent (40%) of the shareholders
19      equity, as determined at the time of judgment whichever is higher, plus forfeiture of the land in
20      favor of the state for sale through pubric auction, the proceeds of which sha]] automatically
21      accrue to the Agrarian Reform Fund as provided for in section 58 of this Act.
22
23           SEC. 64. Penalty for Reclassif ication of protected ALgricultural Lands and Exceeding the
24       Lz."I.f a/ Arefls AJJococd /or Rcczflssz-giv.cafi.o"  ~ Any person initiathg, causing, inducing, or
25      abetting  the  reclassification  Of protected  agricultural  areas  into  non-agricultural  uses  and
26       exceeding the limits set forth under Section 20 of the LGC of 1991, shall be penalized with
27      imprisonment of twelve (12) years and a fine of not less than one Hundred Thousand pesos
28       (Php100,000.00), or both, at the discretion of the court: Pnor7ided, That if the offender is a pubhc
29      official or employee, the penalty shall, in addition thereto, include disrfussal through permanent
30      separation  from  the  service,  whether  elected  or  appointed,  and  forfeiture  of entitlements
31       accruing to the pubhic position, and perpetual disqualification to run or apply for any elective
32       or appointive public position: P#orJ{.did, ¢r£Jier., That if the offender is a juridical person, the
49


1      penalty shall be imposed on the president, chief executive officer, rmmger, chairperson, and all
2      the members of the board, and other responsible officers thereof.
3
4            SEC.  65.  Payment  Of Disturbance  Compensation.  -Fouowing the  order  o±  priority  as
5      enumerated in section 22 of the CARP, as amended, qualified beneficiaries such as agricultural
6      lessees and share tenants, regular farm workers, seasonal farm workers, other farm workers,
7      actual tillers or occupants of pubfic lands, couective, or cooperative of the above-mentioned
8      beneficiaries,  and  others  directly  working  on  the  land  affected  by  agricultural  had  use
9      conversion sham be entitled to the payment of disturbance compermtion equivalent to five (5)
10      times the average of the gross harvests on the landholding during the last five (5) preceding
11      calendar years or a certain percentage of the converted land, whichever is higher, as deterined
12       bytheDAR.
13
cHArmR xlll
TRANSITORY AND FINAI. PROVISIONS
16
17            SEC. 66. Co#uc7".#g a/ fJ{c NLLrc. -Within thirty (30) days from the effedivity of this Act,
18       the president shall convene the NLUC.
19
20            SEC. 67. Implementing Rules and Regulations. -Within six (6) rrrorfus from the e££ectivty
21      of this Act, the NLUc shall promulgate the rules and regulations to implement the provisions
22       of  this  Act.  Said  niles  and  regulations  sham  be  submitted  to  the Congressional Civersight
23       Committee forapproval.
24
25           S;EC. 68. Congressional oversight committee on the Land use Act. -There is heresy cleaLted
26      a congressional oversight committee which shall monitor the implementation of this Act. It
27      shall be composed of seven (7)  members from the Senate Committee on ELvironment and
28      Natural Resources and seven (7) members from the House of Representatives committee on
29       Natural Resources. The Chairpersons of the Senate Col]rmittee on Environment and Natural
30      Resources and the House of Representatives committee on Natural Resources sham be the chair
31      and co-Chair of the congressional oversight committee, respectively. The other members
32      from the senate shall be appointed by the senate president based on proportional representation
33       of the parties or coalitions therein with at least one (1) senator representing the rinority. The
50


1      other members from the House of Representatives shall be appointed by the speaker also based
2      on proportional representafron of the parties or coalitions therein with at least one (1) member
3      representing the minority.
4
5           The Secretariat of the Oversight Committee shall be drawn from the existing secretariat
6      personnel of the colnmittees comprising the oversight and the funding shall be taken from the
7      appropriations of both the senate and the House of Representatives.
8
9            SEC. 69. Apprapn.aft.oas. -The appropriations for the NLUc sham be taken from the current
10      year's  appropriations  Of  the  NEDA  Board  -  National  I.and  Use  Committee.  Thereafter,
11      addifronal sums as may be necessary for the full implementation of NLUC's functions shall be
12      included in the annual General Appropriations Act.
13
14            SEC. 70. Rc7".czt; a/ £*is£!.#g I,¢nd Lrsc phaus. -Provinces, cities, and municipalities with
15      existing  land  use  plans  shall  review,  revise,  reconcile,  and harmonize  the  same with the
16      guidelines and standards set forth under this Act within three (3) years from the effectivity of
17       this Act.
18
19            SEC. 71. RapcaJ{.ng Cha#sc. -All laws, executive orders, rules and regulafrous, and other
20      issuances, or parts thereof, that are inconsistent with the provisions of this RepubHc Act are
21       hereby repealed or modified accordingly.
22
23            SEC. 72. No#-1.7#pri.]7ne#f Chausc. -Nothing in this Act shall be constnied as to diminish,
24      inpair, or repeal rights recognized, granted, or available to marginalized or basic sectors under
25       existing laws including but not lirfuted to Republic Act Nos. 7279, 6657, 8371, and 8550.
26
27            SEC. 73. Sapflrflbi.Zi.ty chausc. -If for any reason or reasons, any part or provision of this Act
28      shall be declared or held to be unconstitutional or invalid, other parts or provisions hereof,
29      which are not affected thereby shall continue to be in full force and effect.
30
31            SEC. 74. £#t?ch.ui.fry chausc. -This Act sham take effect fifteen (15) days after its publication
32      in the official Gazette or in at least two (2) national newspapers of general circulation.
33
51


o,'\
Approved,
52