Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS:
First Regular Session

House Bill No.__ 2323

Introduced by REPRESENTATIVE LUCY TORRES GOMEZ

EXPLANATORY NOTE

Land is a very limited resource, particularly in a small country such as the Philippines,
with a fast growing population. Hence, there would always be competing demands between land
uses for agriculture and fisheries, agrarian reform, protected areas and ancestral domains,
residential (including subdivisions and socialized housing), commercial, industrial (including
mining), tourism as well as environmental protection.

With the cacophony of laws governing various and sometimes discordant policies on land
use, there is a compelling need for the institutionalization of an overall framework for the
rational allocation, disposition, sustainable use and management of land resources. This bill
provides such an integrated policy on land use.

This bill is based on the final version of the National Land Use Plan measure of the
Seventeenth (17") Congress.

In view of the foregoing reasons, the early approval of this bill is earnestly sought.

ae Tf 'S GOMEZ

Representative
Fourth District, Province of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2323

Introduced by REPRESENTATIVE LUCY TORRES GOMEZ

AN ACT
INSTITUTING A NATIONAL LAND USE AND MANAGEMENT POLICY,
PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

CHAPTER I
INTRODUCTORY PROVISIONS

SECTION 1. Title, - This Act shall be known and cited as the “National Land Use
and Management Act of the Philippines”

SEC. 2. Declaration of Policies and Principles. ~ It is the policy of the State to:

(a) Provide for a rational, holistic and just allocation, utilization, management, and
development of the country’s land and water resources so that their use is consistent with the
Principles of equity, social justice, environmental integrity and sustainable development for
the common good;

() Hold owners and users of land responsible for developing and conserving their
lands thereby making these productive and supportive of sustainable development and
environmental stability in accordance with the principle that the use of land bears a social
function and that all economic agents shall contribute to the common good;

(© Treat groups of islands, including parts of islands, interconnecting waters and other
natural features which are so closely interrelated, as forming an intrinsic geographical,
economic and political entity, or which historically have been regarded as such entity;


(@ Strengthen the capacity of the local government units (LGUs) to manage and
maintain ecological balance within their territorial jurisdiction, in parmership with the
national government, in accordance with the Philippine Constitution and Republic Act No.
7160 or the Local Government Code of 1991

‘Towards this end, the State shall institutionalize land use and physical planning as a

mechanism for identifying, determining, and evaluating appropriate land use and allocation
pattems that promote and ensure:

(1) Maintenance and preservation of environmental integrity and stability;

@ Sustainable and just management and utilization of natural resources;
@) Disaster risk reduction and climate risk-based planning;
(4) Protection of prime agricultural lands for food security, with emphasis on self-

sufficiency through efficient and sustainable use of land resources consistent with the
principles of sound agricultural development, natural resources development, and agrarian
reform;

(5) Protection and conservation of the country’s natural heritage, permanent forest
lands, natural forests, critical watersheds and key biodiversity areas to ensure adequate forest
cover to maintain ecological processes in the country;

(6 Sustainable development and management of water resources;
(7) Settlements, transportation and other infrastructure development in support of
inclusive growth and rural, urban and regional development;

(Improved access to affordable housing by increasing the supply thereof
through direct allocation, better access to unutilized lands, and increased production of
multiple use and higher density projects, where appropriate;

() Respect for and protection of the traditional resource right of the Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains; compliance
with free and prior informed consent of ICCs/IPs; and recognition of customary laws and
traditional resource use and management, knowledge, and practices in ancestral domains;

(10) Equitable access to land through State intervention that guarantees its
affordability to the basic disadvantaged sectors defined under Republic Act No. 8425 or the
Social Reform and Poverty Alleviation Act;

(1) Energy security or energy self-sufficiency:


(12) Preservation and conservation of parks and protected areas to keep the
scenery, the natural and historic objects, and the biodiversity therein in their natural state and
prevent them from being damaged for purposes of public recreational use and enjoyment; and

(13) Meaningful participation of the basic sectors.

SEC. 3. Scope. ~ This Act shall apply to all lands and all resources therein, whether
public, private, government-owned, and/or in the possession of any person, whether natural
or juridical, and shall guide the rational, holistic and just allocation, utilization, development
and management of the country’s land and water resources including such activities that bear
impact on said resources.

SEC. 4. Definition of Terms. ~ As used in this Act:

@ Agricultural land refers to the subclass of classified agricultural lands devoted
to of suitable for the cultivation of the soil, planting of crops, growing of trees, raising of
livestock, poultry, fish or aquaculture production, including the harvesting of such farm
products, and other farm activities and practices performed in conjunction with such farming
operations, by persons whether natural or juridical, and not classified as residential land,
‘commercial land or industrial land;

(%) Agricultural land use conversion refers to the undertaking of any development
activity which modifies or alters the physical characteristics of agricultural lands to render
them suitable for nonagricultural purposes under an approved order of conversion issued by
the appropriate government agency;

© Alienable and disposable lands of the public domain refer to lands of the
public domain which have been delineated, classified, and certified as such and available for
disposition under Commonwealth Act No. 141, otherwise known as the Public Land Act, as
amended;

(@ Ancestral domains refer to all areas generally belonging to ICCs/IPs as
defined in Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act
(IPRA) of 1997;

(OF Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
refers to a plan formulated and pursued in accordance with the rights of ICCs/IPs to manage
and develop the land as well as natural and human resources within their ancestral domains
based on their indigenous knowledge systems and practices on the principle of self-
determination;


oO Classified agricultural land refers to one of the four (4) classifications of land
under the Constitution not classified by law as mineral land, forest land or national park and
the only land classification subject to alienation;

® Coastal area/Zone refers to a band of dryland and the adjacent ocean space
(water and submerged land) in which terrestrial processes and uses directly affect oceanic
processes and uses, and vice versa. Its geographic extent may include areas within a
landward limit of one (1) kilometer from the shoreline at high tide to include mangrove
swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas
within a seaward limit of two hundred (200) meters isobath to include coral reefs, algal flats,
seagrass beds, and other soft-bottom areas;

(0) Comprehensive Land Use Plan (CLUP) refers to a document embodying a set
of policies, accompanied by maps and similar illustrations that serve as a policy guide for
determining the future use of lands and natural resources within the territorial jurisdiction of
the LGUs. It represents the community-desired pattem of population distribution and
proposes future allocation of land and resources to various activities. It includes the processes
and criteria employed in such determination of allocation of land and resources. It is a plan
for the long-term management of the local territory covering a period of a minimum of ten
(10) years, reviewable not earlier than every five (5) years based on the four (4) categories of
land use planning provided in Section 6 of this Act:

( Comprehensive land use planning refers to the act of defining the allocation,
utilization, development, and management of all lands within a given territory or jurisdiction
according to the inherent characteristics of the land itself and supportive of sustainable,
economic, demographic, sociocultural and environmental objectives as an aid to decision-
making and legislation;

@) Critical watershed refers to watersheds or forest lands that have been identified and
evaluated to provide critical and vital natural, ecological, environmental and physical
beneficial services such as water, biodiversity, energy, irrigation, social and cultural, among
others, to a specific area or community and whose biophysical condition demands immediate
rehabilitation, protection and management to prevent its further denudation, deterioration and
exploitation;

& Cultural heritage refers to the totality of cultural properties, whether natural or
human-made, preserved and developed through time, and passed on for posterity;


wo Customary laws refer to a body of written and/or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted, and observed by
respective ICCs/IPs consistent with the IPRA;

(m) Danger zones refer to areas with high level of threat to the lives and well-
being of people that cannot be addressed through scientific, physical and engineering
methods, and are therefore not suitable for settlement and permanent structures, Areas can
only be declared as danger zones after proper technical studies and public consultations with
affected families are conducted;

() Development plan refers to a document that defines the activities and
measures that the national goverment or LGUs intend to implement over a specified period
of time in order to achieve the defined set of development goals identified in the national or
local physical framework plans. It integrates socioeconomic, financial, fiscal, legal and
legislative, institutional and sectoral plans of the national government or any of its
instrumentalities or a particular LGU, consistent with the objectives identified in spatial plans
such as land use plans or physical framework plans. It may include an analysis of problems
and resources, definition of goals and objectives, policy guidelines, project and target
achievements, and an implementation mechanism which defines the roles and contributions
‘expected from the government and the private sector;

(0) Disaster-prone areas or Geo-hazard areas refer to areas frequented by and/or
vulnerable to experience weather, climatic, hydrologic, geologic, and other natural
disturbances or calamities;

() Disaster risk reduction refers to the concept and practice of reducing disaster
risks through systematic efforts to analyze and manage the causal factors of disasters,
including reduced exposure to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and improved preparedness for adverse events;

@ Ecologically fragile lands refer to lands within critical watersheds, brackish
and freshwater wetlands, pasturelands, inland rivers and waterways, coastal and settlement
areas, and croplands which require rehabilitation, protection and whose continued
unsustainable use would result in physical risks and threats to life and property, public health
and safety, as well as adversely affect the productivity of lowland agricultural areas and
stability of the upland system;

(o) Ecotourism refers to a form of sustainable tourism within a natural and/or

cultural heritage area where community participation, protection and management of natural


resources, culture and indigenous knowledge and practices, environmental education and
ethics, as well as economic benefits are fostered and pursued for the enrichment of the host

community and satisfaction of visitors;

() —_Energy resources refer to surface or subsurface substances that serve as
energy sources. These are traditionally mineral fuel deposits such as coal, petroleum, natural
gas or renewable resources from geothermal, hydro reservoirs, or nonconventional sources
including ocean waves, solar, wind, biomass, and other similar resources which serve the

same purpose;

( Energy resource lands refer to lands where naturally occurring or indigenous energy
resources exist in sufficient quantity and/or quality as to be economically viable for

exploration, development, production, utilization, and distribution purposes;

() Environmentally critical areas refer to areas declared by law as: (1) areas for
natural parks, watershed reserves, wildlife preserves, and sanctuaries; (2) areas set aside for
aesthetic and visual value; (3) areas that constitute the habitat for any endangered or
threatened species of indigenous Philippine wildlife both flora and fauna; (4) areas of unique
historic, archaeological, or scientific interests, (5) areas that are traditionally occupied by
ICCS/Ps; (6) areas with critical slopes; (7) areas frequented and/or hard hit by natural
calamities such as, but not limited to, geologie hazards, floods, typhoons and volcanic
activities; (8) recharge areas of aquifers; (9) mangrove areas; (10) coral reefs; (11) mossy and
virgin forests; (12) rivers and riverbanks; (13) swamp forests and marshlands; (14) foreshore
lands; (15) protected areas pursuant to Republic Act No. 7586 or the NIPAS Act of 1992; and
(16) areas set aside as aesthetic potential tourist spots. This term shall also include other
terrestrial, aquatic and marine areas that need special protection and conservation measures
because they are ecologically fragile or they are needed for food security and food self
sufficiency as determined by concemed agencies and LGUs in consultation with the
concemed stakeholders;

() Exhausted mineral resources refer to a situation where the mineral resources
in specific sites are no longer in sufficient quantity or quality to justify additional expenditure
for extraction or utilization;

(») Flood plain refers to the portion of a river valley adjacent to a river channel
which is covered with water when the river overflows its banks at flood stages, and which
usually consists of silt deposited by the stream;


(9) Flood-prone areas refer to low-lying areas usually adjacent to large or active
water bodies and which therefore experience regular or seasonal inundation as a result of
changes in the mean water level of these bodies or because of land reclamation and other
artificial interference with the natural processes;

(\) Food security refers to the policy objective of meeting the requirements for
food availability, accessibility, and affordability of the present and future generations of
Filipinos in a sustainable manner, through local production or importation in cases of
shortage based on a micro level situation, or both, and taking into account the country’s
existing and potential resource endowments and related production advantages, and
consistent with the overall national development objectives and policies;

() Food self-sufficiency refers to the policy objective of meeting the food
requirements through intensive local food production in a sustainable manner based on the
country’s existing and potential resources and related production advantages;

(ea) Foreshore land refers to a string of land margining a body of water, the part of
a seashore between the low-water line usually at the seaward margin of a low tide terrace and
the upper limit of wave wash at high tide often marked by a beach scarp or berm;

(ob) Forest refers to an ecosystem or an assemblage of ecosystems dominated by
trees and other woody vegetation; a community of plants and animals interacting with one
another and its physical environment;

(c) Forest lands refer to one of the four (4) classifications of land under the
Constitution under the public domain classified and/or determined as suitable for forest
purposes not classified as mineral land, national park and classified agricultural land. These
include all permanent forest, forest reserves, forest reservations, and all the remaining
unclassified lands of the public domain;

(dd) Forest Land Use Plan (FLUP) refers to the allocation of forest lands into their
appropriate uses consistent with existing biophysical conditions such as topography, soil
type, land use, climate, water sources and socioeconomic, cultural and political realities.
Forest land use planning should be able to delineate protection and production forests;

(ce) Forest land subclassification refers to the process of determining the most
appropriate and sustainable use of forest lands primarily as protection forest and production
forest. They may be further subclassified as grazing/pasture land, recreational areas and other

uses taking into account ecological, social and economic considerations;


ca) Free, Prior and Informed Consent (FPIC) refers to the consensus of all
members of the ICCs/IPs to be determined in accordance with their respective customary
Taws and practices, free from any extemal manipulation, interference and coercion, and
obtained after fully disclosing the intent and scope of the activity, in a language and process
understandable to the community;

(2) Geo-hazards refer to nature and human-induced geological processes that
have potential to cause destruction and which pose a threat or risk to a person’s life and
property. These may include, but are not limited to, ground, water and weather-related
conditions, volcanic and earthquake induced hazards such as ground shaking, ground rupture,
earthquake-induced landslides, liquefaction and tsunami;

(hh) Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) refer to groups of
people or homogenous societies identified by self-ascription and ascription by others, who
have continuously lived as organized community on communally bounded and defined
territory, and who have, under claims of ownership since time immemorial, occupied,
possessed and utilized such territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have, through resistance to political,
social and cultural inroads of colonization, nonindigenous religions and cultures, became
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the populations
which inhabited the country at the time of conquest or colonization, or at the time of inroads
of nonindigenous religions and cultures, or the establishment of present State boundaries,
who retain some or all of their own social, economic, cultural and political institutions, but
who may have been displaced from their traditional domains, or who may have resettled
outside their ancestral domains;

(i) Inland waters refer to waters, which are not coastal and marine waters, and not
subject to acquisitive prescription consistent with the provisions of Presidential Decree No.
1067 or the Water Code of the Philippines;

(Integrated watershed management refers to a planning strategy or program for
watershed areas that complement environmentally sound soil and water management
practices with mechanisms for ensuring greater responsibility, involvement, or participation
of individuals, groups, communities and other stakeholders benefiting from these areas and
water-related infrastructure;

(kk) Key Biodiversity Areas (KBAs) refer to the present most important sites for

biodiversity conservation worldwide. These are places of international importance for the


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conservation of biodiversity through protected areas and other governance mechanisms. They
are identified nationally using simple, standard criteria, based on their importance in

maintaining species populations;

Oy Land refers to resources, both artificial and natural, found on the surface,
below, and above the ground including inland waters and the air therein;

(mm) Land subclassification refers to the act of determining and assigning specific
uses of classified lands such as forest lands, classified agricultural lands, mineral lands and
national parks in accordance with existing laws and this Act;

(on) Land use refers to the manner of allocation, utilization, management and
development of land;

(oo) Land use classification refers to the act of delineating or allocating lands
according to protection land use, production land use, settlements development and
infrastructure development as defined and provided for in this Act;

(op) Mandatory public hearings/Consultations refer to the mechanism to ensure the
involvement of concemed stakeholders and communities in land use planning, from the
barangay to the national level, to ensure the social acceptability of the plans. It should involve
giving notice of hearing/consultation to concemed stakeholders through publication or
posting in conspicuous places, conduct of a reasonable number of hearings, and solicitation
of positions to arrive at a consensus. Public presentation and validation of the planning results
shall also be undertaken before the final adoption of the plans;

(qq) Marine Protected Area (MPA) refers to a defined area of the sea established
and set aside by law, administrative regulation or any other effective means in order to
conserve and protect a part of or the entire enclosed environment, through the establishment
of management guidelines. It includes all declared areas governed by specific rules or
guidelines in order to protect and manage activities within the enclosed area;

(=) Mineral exploration refers to the systematic searching or prospecting for
mineral resources including energy resources;

(ss) Mineral lands refer to lands of the public domain, excluding those in
permanent forestlands and protection lands, where mineral resources are found in sufficient
quantity and quality for extraction, development and utilization;

(t) Multiple use of land resources refer to the utilization or management strategy
for any land, which allows any activity, involving one or more of its resources, depending on


nn

the result of prior evaluation on its numerous beneficial use, that will produce the optimum
benefits to the development and progress of the country and the public welfare without
impairment or with the least injury to its other resources;

(w) Municipal waters refers to not only streams, lakes, inland bodies of water and
tidal waters within the municipality which are not included within the protected areas as
defined under Republic Act No. 7586 of the National Integrated Protected Areas System or
the NIPAS Act of 1992, public forest, timber lands, forest reserves or fishery reserves, but
also marine waters included between two (2) lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch the sea at low tide
and a third line parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline. Where the territory of a municipality includes several islands,
the outermost points of such islands shall be used as base points and connected by
archipelagic baselines, irrespective of the lengths of such baselines from the main coastlines.
Where two (2) municipalities are situated on opposite shores that there is less than thirty (30)
kilometers of marine waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities;

() National Integrated Protected Areas System (NIPAS) refers to the
classification and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions to the
greatest extent possible;

(ww) National Land Use Policy Council (NLUPC) refers to the administrative,
policy-making, and regulatory body created under this Act;

(x) National park refers to forest reservation essentially of natural wildemess
character which has been withdrawn from settlement, occupancy or any form of exploitation
except in conformity with approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, natural and historic objects, wild animals and
plants therein and to provide enjoyment of these features in such areas. It shall also refer to
lands and waters of the public domain classified as such in the 1987 Constitution which
include all areas under the NIPAS, pursuant to Republic Act No. 7586 or the NIPAS Act of
1992, primarily designated for the conservation of native plants and animals and associated
habitats and cultural diversity;

Oy) Network of Protected Areas for Agriculture and Agro-industrial Development
(NPAAAD) refers to agricultural areas identified by the Department of Agriculture (DA)


12

through the Bureau of Soils and Water Management (BSWM) in coordination with the
National Mapping and Resource Information Authority (NAMRIA) in order to ensure the
efficient utilization of land for agriculture and agro-industrial development and to promote
sustainable growth. The NPAAAD covers all irrigated areas; all irrigable lands already
covered by irrigation projects; all alluvial plains; lands highly suitable for agriculture whether
irrigated or not; agro-industrial croplands or lands planted to industrial crops that support the
validity of existing agricultural infrastructure and agro-based enterprises; highlands or areas
located at an elevation of five hundred (500) meters or above and have the potential for
growing semi-temperate and high value crops; all agricultural lands that are ecologically
fragile the conversion of which will result in serious environmental degradation; and all
‘mangrove areas and fish sanctuaries;

(2) Permanent forests or Forest reserves refer to lands of the private or public
domain which have been identified and determined to be needed for protection, conservation,
preservation and management as forests and shall be reserved, conserved and protected into
perpetuity for such purpose;

(a) Permanent forestlands refer to forestlands, within public lands, that have been
identified, determined and demarcated on the ground by the State to serve such purpose and
shall be protected, conserved, preserved, maintained and managed as forestlands free from
any form of utilization, exploitation or development, and reserved permanently as such for
the benefit and use of future generations;

(ob) Physical framework plans refer to the national, regional or provincial
indicative plans that outline the overall and macro-level physical development objectives,
priorities, directions and strategies in its respective levels as prepared, reviewed, integrated
and finalized by the national, regional and provincial land use councils/boards, respectively,
based on the Comprehensive Land Use Plans (CLUPs) of the LGUs and the national policy
guidelines relating to land use and environmental management to prevent or mitigate the
adverse effects of inappropriate resource utilization on food security, the people’s welfare,
and their environment;

(ccc) Premature or illegal conversion refers to any activity that modifies or alters
the physical characteristics of agricultural lands to render them suitable for nonagricultural
purposes without an approved order of conversion from the Department of Agrarian Reform
(DAR) Secretary;


13

(déd) Prime agricultural lands refer to all contiguous irrigated areas and irrigable
lands already covered by irrigation projects; all alluvial plain lands highly suitable for
agriculture whether irrigated or not that have been identified to satisfy the country’s needs for
food self-sufficiency and security; agro-industrial croplands or lands presently planted and
suitable to industrial and high value crops; highlands, or areas located at an elevation of five
hundred (500) meters or above and have the potential for growing semi-temperature and high
value crops outside of declared permanent forestlands and protection forests, and are not
located in ecologically fragile and environmentally critical areas;

(cee) Production forest refers to forestland located in production lands managed
primarily for the production of timber and other tree products;

(Production land use refers to the direct and indirect utilization of land to
generate outputs resulting from the following activities: agricultural, fish farming or
aquaculture, timber or agro-forestry, grazing and pasture, mining, indigenous energy resource
development, industry, and tourism;

(ess) Protected areas refer to portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity, and
protected against human exploitation. For purposes of this Act, these shall also include all
natural forests and agricultural lands identified and delineated under this Act;

(tinh) Protection forests refer to forests and forestlands, in both public and private
lands, that have been identified and determined by the State for the beneficial use of present
and future generations and shall be preserved, conserved, protected and maintained as such
free from any form of utilization, exploitation or development;

(i) Protection land use refers to the use of land primarily reserved for
rehabilitation, conservation, and protection purposes and the promotion of the country’s
ecological and life-support systems;

Gi) Public domain refers to lands belonging to the State which may be classified
as agricultural, forest or timber, mineral, or national park as provided for in the Constitution;

(kkk) Reclassification of agricultural lands refer to the act of specifying how
agricultural lands shall be utilized for nonagricultural uses such as for residential, industrial,
or commercial purposes, through the local planning and zoning processes pursuant to the
Local Government Code of 1991, and subject to the requirements and procedure for
conversion;


14

(il) Resettlement sites refer to areas identified by the appropriate national agency
or by the LGU, with respect to areas within its jurisdiction, which shall be used for the
relocation of the underprivileged and homeless, as defined under Republic Act No. 7279 or
the Urban Development and Housing Act (UDHA) of 1992;

(mmm) Restoration refers to returning forestland to its original forested state in terms
of species’ composition, structure, function and productivity;

(nnn) Restoration zones refer to forest areas where activities are conducted to

restore its forested state;

(coo) River basin refers to the horizontal projection of area from which a river and
its tributaries receive surface water originating from precipitation;

(opp) Settlements refer to communities or built-up environment areas where people
prefer to live in;

(qaq) Settlements development refers to any improvement on existing settlements or
any proposed development of certain areas for settlement purposes. It also involves the
spatial distribution of population, identification of the roles and functions of key urban
centers, determination of relationships among settlement areas, and the provision of basic
services and facilities of identified major settlement areas or growth centers;

(rm) Shoreline refers to a strip of land covering at least one (1) kilometer from the
point where seawater reaches during the highest high tide;

(sss) Spatial data infrastructure refers to a system consisting of spatial data,
technology, policies, practices, relationships, people and resources necessary to acquire,
process, store and distribute spatial information to improve sharing and use throughout all
levels of the government and private sector, among others, which shall be operationalized
through electronic system that provides access to a network of spatial data sources and users
and shall serve as the official linkage of the government to international and regional spatial
data infrastructure;

(a) Socialized housing refers to housing programs and projects covering homelots,
houses and lots, or low-rise to medium-rise buildings, or high density housing projects
undertaken by the government or the private sector for the underprivileged and homeless
citizens which shall include sites and services development, long-term financing, direct
subsidy programs, liberalized terms on interest payments, and such other benefits in
accordance with the UDHA and Batas Pambansa Blg. 220;


15

(ww) Socialized housing sites refer to lands identified and designated by LGUs as
sites for socialized housing pursuant to Article IV of the UDHA and its implementing

guidelines;

(ww) Strategic Agriculture and Fisheries Development Zones (SAFDZs) refer to
areas within the NPAAAD identified for production, agro-processing and marketing activities
to help develop and modemize, with the support of government, the agriculture and fisheries
sectors in an environmentally and socioculturally sound manner;

(www) Subclassification or Reclassification of Agricultural Lands refers to the
process undertaken by the LGUs of allocating declared agricultural lands in their respective
territorial jurisdictions to specific uses such as residential, industrial or commercial purposes
and may be used as a basis for application for land conversion by the owners thereof;

(sxx) Sustainable development refers to the development objective of meeting the
needs of the present generation without compromising the ability of future generations to
meet their own needs, consistent with the principles of social equity, efficiency, and
environmental integrity;

(yy) Sustainable traditional resource rights refer to the rights of ICCs/IPs to
sustainably use, manage, protect and conserve: (1) land, air, water, and minerals; (2) plants,
animals and other organisms; (3) collecting, fishing and hunting grounds; (4) sacred sites; and
(5) other areas of economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge, beliefs, systems and practices,

(22) Tourism development areas refer to specific sites for tourism development
located in areas identified as priorities in the national and regional tourism master plans as
well as those designated through legislative and executive issuances as tourist spots and
tourist zones which can be developed into tourism estates or integrated resort, leisure,
recreation complexes, and other tourism-related facilities;

(aaaa) Tourism ecozone refers to tourism development areas, outside protection
lands, which have been granted Special Economic Zone status, through the Philippine Export
Zone Authority (PEZA) registration and issuance of the required Presidential Proclamation,
with its metes and bounds delineated by said Proclamation, pursuant to Republic Act No.
7916 or The Special Economic Zone Act (SEZA) of 1995, as amended;

(bbs) Tourism estates refer to large tracts of land with well-defined boundaries in
any area, excluding those in protection lands, identified in the Philippine tourism master plan
and regional tourism master plan, by proclamation of the President and/or by acts of


16

Congress and/or by local legislation and declared suited for the development of an
integrated tourism and resort complex with prescribed carrying capacities and limits for its
facilities and activities;

(cece) Tourist spot refers to a particular area/site/spot, human-made or natural,
known for its unique tourist/visitor-drawing attributes and activities and which may be
classified according to its social, cultural, natural, historical, aesthetic, visual, scientific,
religious, and recreational significance;

(dédd) Tourist zone refers to a geographic area with well-defined boundaries
proclaimed as such by the President of the Philippines and/or by acts of Congress. No
development projects for any purpose shall be initiated and introduced within the zone prior
to the formulation of a tourism master development plan which shall be undertaken in
coordination with the Department of Tourism (DOT) and the Tourism Infrastructure and
Enterprise Zone Authority (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;

(ceee) Urban areas refer to all cities regardless of their population density and to
municipalities with a population density of at least five hundred (500) persons per square
kilometer,

(am —Urbanizable areas refer to sites and lands which, considering present
characteristics and prevailing conditions, display marked and great potential of becoming
urban areas within a period of five (5) years;

(eggs) Urban forestry or Green space refers to the establishment or setting-up of
areas for mini-forest, eco-parks or small nature parks, in both public and private lands:
wetlands, human-made lagoons and lakes systems, riverbanks and shores, grasslands, roof,
and rock gardens: lining roads and highways with trees, shrubs, or ornamental plants, and
ground landscaping of schools, hospitals, and other government agencies in order to improve
the environment in urban areas;

(ohhh) Water security refers to the sufficient access throughout the year to the
minimum daily requirement of clean water to maintain a healthy life;

(iii) Water use refers to the appropriation of water for domestic, municipal,
irrigation, power generation, inland fisheries, poultry and livestock, industrial and

commercial, environmental, and recreational use;


7

(ii) Watershed refers to a topographically delineated area of land from which
rainwater can drain as surface run-off vis-a-vis a specific stream or river system to a common
outlet point which may be a dam, irrigation system or urban water supply take-off point, or
where the stream discharges into a river, lake, or the sea;

(kiki) Zoning refers to the regulatory tool for delineating the specific land uses in
accordance with the approved CLUP within the territorial jurisdiction of a city/municipality
and specifying the conditions for their regulation; subject to the limitations imposed by law
and competent authority; and

(it) Zoning ordinance (ZO) refers to a local law passed by the Sangguniang Bayan
or Panlungsod approving the development control/zoning plan in accordance with an
approved or adopted CLUP of the city/municipality, providing for the regulations and other
conditions on the land uses including the limitation on the infrastructure that may be placed
within the city’s/municipality’s territorial jurisdiction. It incorporates the protected areas,
protected agricultural lands and ancestral lands as provided for in this Act.

CHAPTER II
FRAMEWORK FOR LAND USE PLANNING

SEC. 5. Basic Land Use Considerations. ~ Various land uses as categorized in the
succeeding section shall be determined in a manner that promotes the policies and principles
defined in Section 2 of this Act and shall consider the following elements of the framework
therefor, among others

(®) _ Protection land use category as defined in Section 6 shall prevail over existing
production land use category. The State shall undertake the necessary action in changing the
classification of these production areas;

() Preservation, conservation, rehabilitation and protection to perpetuity of
permanent forestlands, critical watersheds, key biodiversity areas, environmentally critical
and ecologically fragile areas and prime agricultural lands from any other land use,
conversion, disposition, intrusion, utilization and development aside from their determined

use and limits;

(© Protection of natural forests and natural resources ensures environmental
stability, conserve biological diversity, improve ecosystem functions and provide long-term
ecological and economic benefits. Designated restoration areas are designed to revive the
ecosystem functions and services of forests as well as improve the economic and ecological
benefits of local communities;


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(@ Protection of forest and wetlands from infrastructure development to preserve
the ecological services they provide which are essential to economic development. These
activities include, but not limited to, river channelization and dredging, large-scale irrigation
and river diversions which reduce riverine habitat and alter flood patterns and natural flow
regimes, reduce downstream water availability for agriculture and contribute to salinization
through saltwater intrusion in coastal areas;

(e) Resolution of land use conflicts which are life-threatening or threatening to
public safety, sustainability of key production resources or employment activities and the
delivery of basic services which are harmful or destructive to protected areas, flora, fauna,
and other protected natural resources. Greater consideration shall be given to the human and
tenurial rights of vulnerable groups in resolving land use conflicts;

(© Identification of geo-hazard prone areas and high-risk/danger zones and
corresponding risk reduction measures to ensure the prioritization of life and safety:
Provided, That specifically identified and assessed as extremely hazardous and high-
risk/danger zones shall be similarly protected and cleared from all forms of human-made
obstacles, obstructions and instructions to ensure and secure public health and safety;

iO) Respect for existing customary rights and traditional land uses of ICCs/IPs;

(%) Identification of settlement areas to check the demand for land and establish
the location of employment-generating industries and basic services; and

(The availability of natural resources including indigenous energy resources for
energy security and self-sufficiency. However, infrastructure energy projects such as dams
with large reservoirs in natural ecosystems shall not be allowed if it would interrupt the
connectivity of river systems, disrupt fish spawning and migration, and alter seasonal flood
regimes.

SEC. 6. Categories of Land Uses for Planning Purpose. ~ In determining and defining
the national, regional and provincial framework plans, and CLUPs, land uses shall be
grouped into four (4) major functional uses as follows:

@ Protection Land Use refers to the use of land primarily reserved for
rehabilitation, conservation, and protection purposes and the promotion of the country’s
ecological and life-support systems. Planning for protection land use intends to achieve
environmental stability and ecological integrity, ensure a balance between resource use and
the preservation of some areas with environmental, aesthetic, educational, cultural and


19

historical significance, aid and protect people and human-made structures from the ill-effects
of natural hazards.

Areas under this category are those covered by the NIPAS Act of 1992 and other
coastal and marine protected areas; areas outside NIPAS, which include, but are not limited
to:

(1) Natural and restored forests, which consist of:

@® All existing areas within forestland containing primary and secondary forests
of whatever types or species;
(i) All existing areas within forestland containing secondary-growth or residual

forests of whatever type or specie;

(ii) Areas identified as key biodiversity areas (KBAs);

(ix) Restoration areas;
() All mangrove forests;
(vi) All easement areas as defined under Presidential Decree No. 1067, otherwise

known as the Water Code of the Philippines; and

(vi) All other areas that would be deemed appropriate for protection, as designated
by the Department of Environment and Natural Resources (DENR), subject to the approval of
the NLUPC created pursuant to Section 55 hereof.

(2) Rehabilitated and/or reforested degraded mining areas;
) Critical ecosystems for protection, such as

@ Coral reefs;

(i) Marshes and wetlands;

(i) Lakes and rivers;

(vy) Caves; and

(vy) Waterfalls.
(4) Disaster-prone areas that include areas subject to, or may be subject to:

() Recurrent flooding;
(i) Liquefaction;

Gii) Tsunamis;

Gv) Storm surges;

(v) Polar vortex;

(vi) Mass wasting;

(vii) Volcanic eruption;


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(ii) Direct impact of seismic activity;

(ox) Other disasters caused by climatic conditions; and

(x) Other areas that pose a high degree of hazard to human occupation and
activity.

(5) Critical watershed areas;

(6) Marine protected areas;

(7) All prime agricultural lands as defined under this Act;
(8) Ecologically fragile and environmentally critical areas whose conversion will

result to serious environmental problems and threats to public health and safety;

(®) Natural and human-made areas/sites of cultural, historical and anthropological
significance, which are declared as such by internationally recognized institutions; and

(10) All other areas not included and declared as production areas shall become

protected areas.

(>) Production Land Use refers to the most efficient, sustainable, and equitable
utilization, development and management of land for productive purposes which are not
classified for protection land use as defined in this section. Areas included in this category
are agricultural lands, coastal and marine zones, production forest, mineral lands, energy
resource lands, industrial, and tourism development areas where productive activities could
be undertaken to meet the country’s requirements for economic growth and development.
Production land use shall comprise of, but shall not be limited to:

(1) Other agricultural lands not identified as prime agricultural lands. They shall consist
of, but shall not be limited to:

( Lands whose soils are suitable for agricultural development;

(All alluvial plain lands that are suitable for agricultural production and/or can
be devoted to food production;

(ii) _Alllands that are traditional sources of staple food;

(iv) All croplands required to attain a certain scale of production to sustain the
economic viability of existing agro-based industries in the municipality, city or province; and

() All lands in areas not highly prone to natural hazards that are suitable for the
production of tree crops and other cash crops.

(2) Coastal, inland water and marine zones, such as fishponds;
(3) Production forests, such as:


a

(i) All areas within forestland not classified as protection forests under Section 6(a) and
shall be devoted to the production of timber and/or non-forest products or the establishment
of industrial tree plantations, tree farms, woodlots, agro-forestry, or as multiple-use forests;

di) All areas within forestlands considered as rangelands for grazing purposes;
and

(ii) All areas within forestlands managed under the community-based forest
management in areas not classified as protection forests.

(4) Rangelands for grazing;

(5) Industrial development areas; and

(6) Tourism development areas, including potential small islands for similar
purposes.

(© Settlements and Institutional Land Use refers to the use of urban and rural
lands for settlements development purposes and/or improvements on existing settlements
involving the spatial distribution of population, identification of the roles and functions of
key urban centers, determination of relationships among settlement areas, and the provision
of basic services and facilities to such settlements.

It shall also include lands identified for institutional uses such as educational,
administrative, government, law enforcement, health care and social services. Settlements
and institutional land uses aim to ensure for the present and future generation the:

() 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

2 Access of the population to housing, education, health care, recreation,
transportation and communication, sanitation, and basic utilities such as water, power, waste
disposal, and other services;

(® Infrastructure Land Use refers to the use of land dedicated to the provision of
basic services that foster economic and other forms of integration necessary for producing or
obtaining the material requirements of Filipinos, in an efficient, responsive, safe and
ecologically friendly built environment. It includes, among others, subsectors like: road
networks, transportation and communication facilities, social services, environmental service
facilities, and utilities.

Provided, That the determination of the functional uses of lands within ancestral
domains should be consistent with the land use categories provided for in this Act: Provided,


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‘further, That other subcategories of land uses in delineated ancestral domains may be
formulated by the concemed ICCs/IPs themselves in accordance with their particular needs
and traditional resource and management systems.

SEC. 7. Land Use Plans for Ancestral Domains, ~ Land use plans for ancestral domains
shall be formulated by the ICCs/IPs themselves in accordance with their particular needs and
traditional resource and management systems with the assistance of the National Commission
on Indigenous Peoples (NCIP), the LGUs and civil society organizations (CSOs) concemed.
Such plans shall be recognized and adopted in the barangay, city/municipal, provincial,
regional and national physical framework plans.

Physical framework plans made prior to the delineation of ancestral domains included
in such plans or ordinances shall, without prejudice to the rights of the ICCs/IPs concemed,
adopt different land use categories in accordance with their particular needs and traditional
resource and management systems.

In cases where there are no ADSDPPs, the LGUs and the ICCs/IPs shall jointly
formulate the land use plan within the ancestral domain until such time that the ICCs/IPs
have formulated their ADSDPPs.

SEC. 8. Adoption of Multiple Uses of Land. ~ The primary and alternative uses of a
specific land resource shall be determined and evaluated by the respective local land use
boards prior to any decision for the assignment of its use. Areas feasible for sustainable land
resource use may be considered multiple-use zones wherein settlements, tourism, agriculture,
agro-forestry and extraction activities and other income-generating, or livelihood activities
may be allowed, except areas under protection land use: Provided, That multiple uses of land
resources shall be in accordance with priorities in land use allocation identified in the
approved physical framework and land use plans wherein such multiple uses are compatible
with the original land use and planning, and that no reclassification shall be allowed:
Provided, further, That, where there are vested rights, titles, and claims prior to the enactment
of this Act over the areas feasible for sustainable land resource use, the same shall be
respected

CHAPTER III
SPECIAL AREAS OF CONCERN,
ARTICLE ONE. LAND USE CLASSIFICATION

SEC. 9. Review of Land Use Classification. ~The NLUPC shall review and assess the
current land use classification system and definitions used in the country to ensure that it
reflects the actual use of lands in the country.

The Land Management Bureau (LMB) shall provide the necessary technical
information, conduct the needed assessment of the status of the existing land use


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classification and shall submit an assessment report to the NLUPC not later than ninety (90)
days from the establishment of the latter.

SEC. 10. Consideration of Assessment Report. ~ Upon validation and affirmation by
local land use boards, the land use classification assessment report submitted by the LMB
shall be taken into consideration by the NLUPC in the formulation of its planning guidelines,

ARTICLE TWO. NIPAS AREAS

SEC. 11, Integrated Management Strategy. — For more effective planning,
‘management, and protection of protected areas at the provincial and city/municipal levels, the
Protected Area Management Plan (PAMP) referred to in the NIPAS Law shall be
incorporated in the Provincial Physical Framework Plan (PPFP) and CLUPs if applicable,
wherein protected area zoning shall be reflected.

ARTICLE THREE. AGRICULTURAL LANDS

SEC. 12. Priority Areas for Agricultural Development, ~ The priority areas for
agricultural development are the areas distributed under agrarian reform, areas that can be
covered by the Comprehensive Agrarian Reform Program (CARP), and those identified as
part of the NPAAAD. The mapping of the NPAAAD under the Agriculture and Fisheries
Modemization Act (AFMA) shall be completed not later than one (1) year from the
effectivity of this Act.

SEC. 13. Conversion of Agricultural Lands. ~ All lands considered and identified as
prime agricultural lands shall be maintained, managed and protected for agricultural use and
shall not be subjected to any form of conversion or reclassification.

All other agricultural lands not identified as prime agricultural lands can only be
converted to nonagricultural uses upon issuance of a DAR conversion order: Provided, That
such conversion shall not drastically change the nature of the overall land uses in the
surrounding and adjacent areas from its existing land use.

Provided, That consistent with the State policy on giving priority to the completion of
the CARP, those lands covered under compulsory acquisition/voluntary offer to sell,
production or profit-sharing subject to CARP shall also be protected from conversion pending
the distribution and/or installation of the farmer beneficiaries.

Provided, further, That pending the completion of mapping activities of the specific
areas under the NPAAAD and the SAFDZs under the AFMA and their incorporation in the
National Physical Framework Plan (NPFP), the application for conversion of these areas shall
not be given due course by the appropriate goverment agency.

ARTICLE FOUR. ANCESTRAL DOMAIN

SEC. 14. Priority Areas for Agricultural Development Within Ancestral Domain, ~
Agricultural lands within ancestral domain shall be developed in accordance with their
ADSDPP.


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SEC. 15. Respect for Ancestral Domains. — The Ancestral Domain Management Plan
(ADMP) or ADSDPP shall be adopted and integrated into the CLUP and/or other plans that
the LGU is mandated to produce. The extent of ancestral domains shall be reflected in the
land use plan, and shall be zoned as such in the zoning ordinance. It shall be co-managed by
the LGU and ICC/IP community. Additionally, the ADMP/ADSDPP shall be included in
the investment plans of the LGU.

SEC. 16. Ancestral Domain Policy Adoption. — Ancestral domain policies shall be
adopted in the LGU’s land use policy framework. However, in the event that the
ADMP/ADSDPP is still in the formulation stage or remains to be formulated, the right to
self-determination, and the observance of traditional resource and management systems and
processes shall be upheld at all times, as provided for under Republic Act No. 3871.

ARTICLE FIVE. FOREST LANDS AND RESERVATION OF WATERSHED

SEC. 17. Permanent Forestlands. — All forestlands are classified as forest or
timberlands. Titles, settlements, permits, leases, and/or agreements within critical habitats,
critical watershed areas, protected areas and KBAs shall be reviewed, and their legality
affirmed. All erroneous titles, settlements, permits, leases and/or agreements within
permanent forestlands shall be cancelled or revoked in due course. Noncompliance with and
violations of these instruments shall be grounds for their cancellation or revocation:
Provided, That the applicable provisions of Republic Act No. 3871 shall be respected.

Upon recommendation by the LGU, or the Forest Board, the DENR Secretary shall
revoke the abovementioned instruments,

SEC. 18. Additional Areas to be Included as Permanent Forestlands. — The following
lands are needed for environmental protection and forestry purposes and shall not be
reclassified as agricultural lands or for any other land use:

(@ Isolated patches of forest, regardless of size and/or area, with rocky terrain or
which protect a spring/water source for communal use;

(®) All mangroves and swamplands including twenty (20)-meter wide strips
facing oceans, lakes and other bodies of water not yet classified as alienable and disposable
lands;

(© Ridge tops and plateaus regardless of size found within or surrounded wholly

or partially by forestlands where headwaters emanate;

(@ Twenty (20)-meter wide strips of land from the edge of the normal high
waterline of rivers and streams with channels of at least five (5) meters width which are not
yet classified as alienable and disposable;

(©) Areas needed for public interest such as research or experimental purposes;
and


25

o Areas considered as environmentally critical because of their vulnerability to
damage from landslides, volcanic eruptions, and other natural causes.

SEC. 19. Reversion of Alienable and Disposable Lands to Forestlands. — Upon the
recommendation of the DENR Secretary, duly reviewed and endorsed by the NLUPC, and
after due consultations with the concerned LGUs and the affected parties, Congress may
authorize the reversion of alienable and disposable lands of the public domain or portion
thereof to forestlands,

SEC. 20. Critical Watershed Areas. - The DENR, in coordination with the DA, the
LGUs concemed, and other government agencies, including government-owned and -
controlled corporations, and after mandatory public hearings/consultations, shall identify and
delineate critical watershed areas that need to be protected, rehabilitated, enhanced, and/or
withdrawn from uses that contribute to their further degradation,

SEC. 21. Formulation and Implementation of Integrated Watershed Management Plans.
~ With the assistance of the DENR and upon mandatory consultations with the concemed
sectors and communities, the LGUs, through their local land use boards, shall prepare their
watershed management plans which shall be integrated into their respective CLUPs. The
formulation and integration of the plan shall be guided, among others, by the principle of the
management and development of inland water resources at the watershed level and shall be
consistent with the National Forestry Master Plan (NFMP).

The DENR and the concerned LGUs shall jointly implement the watershed
management plan subject to regular consultations with and involvement of the community
and other stakeholders in the implementation of the plan.

SEC. 22. Establishment and Management of National Parks. ~ All areas proclaimed by
the President and Congress to be under the NIPAS, unless disestablished, including those
identified initial components of the NIPAS as KBAs shall comprise the National Parks
classification of the public domain. The DENR and concerned LGUs shall ensure that such
areas are integrated in the CLUP and physical framework plans: Provided, however, That the
preparation of management plans of protected areas and national parks shall be in accordance
with the provisions of the NIPAS Act and other laws establishing or declaring specific areas
as protected areas,

SEC. 23. Establishment of Restoration Zones. ~ Restoration areas shall be designated in
the management plan as such. Designation of restoration zones is compulsory in all forest
management plans and for all LGUs.

ARTICLE SIX. COASTAL ZONES

SEC. 24. Criteria for the Allocation and Utilization of Lands Within the Coastal Zones.
~ The allocation and utilization of lands within the coastal zones shall be subject to the
following guidelines:


26

(®) Areas vegetated with mangrove species shall be protected, preserved and
managed as mangrove forestland and shall not be converted to other uses;

(b) Areas that meet all accepted criteria on elevation, soil type, soil depth
topography, supply for successfull fishpond development, and are not identified as mangrove
protected areas, shall be utilized for aquaculture purposes as long as a 4:1 ratio for mangroves
and fishponds is maintained to support ecological processes in mangrove ecosystems;

(©) Areas subclassified as mangrove and still suitable for use as such, or due to
environmental conditions need to be preserved as mangroves but are devoid of mangrove
stands, shall not be converted to other uses. The DENR shall ensure that these lands shall be
reforested within a given period of time;

(@ Areas accessible to the sea and identified for fisherfolk settlement and housing
but are not part of or are not within any protected land use areas shall be allocated to
traditional fisherfolk who are inhabitants of the coastal communities, members of registered
fisherfolk organizations, holders of stewardship lease contracts or titles to ancestral domains
or any form of property right arrangements who participate in coastal resource management
initiatives, subject to the usual census procedures of the Housing and Urban Development
Coordinating Council (HUDCC): Provided, That the government shall issue marine tenurial
rights to organizations concerned based on a criteria to be established by the NLUPC;

(©) Areas that are neither subclassified as mangrove, fisherfolk settlement nor
fishpond may be devoted to recreational or tourism purposes: Provided, That such
undertaking will not result in environmental degradation and displacement of small
fisherfolk;

() Areas which are considered as traditional fishing grounds shall be used
primarily for such purpose;

(@ Areas shall be allocated for small infrastructure needed by municipal
fisherfolk and for fishing gear, boats, and post-harvest facilities; and

(») Areas which form part of foreshore lands as defined in this Act, including
those under lease agreements or arrangements shall undergo zoning and evaluation so their
boundaries, actual sizes and corresponding uses can be determined while ensuring that
mangrove protection or restoration zones are considered to keep the required 4:1 ratio
between mangroves and fishponds.


7

SEC. 25. Coastal Land Zone Subclassification. — All public lands in the coastal zones
shall be subclassified into any of the following: fishponds, mangroves, protection from tidal
surge for preservation of biodiversity, habitats and sanctuaries for endangered wildlife,
fisherfolk settlement, or recreational/tourism areas. No subclassification of coastal zones to
different uses shall be done without the following

@ Conduct of a comprehensive inventory and resource and environmental
assessment by the DENR with respective LGUs and accredited Nongovernment
organizations/peoples organizations (NGOs/ POs) within their jurisdiction. The result of such
assessment along with a list of all existing applications and expired Foreshore Lease
Agreements shall be posted in three (3) conspicuous places in the affected localities; and

(©) Prior consultation with local Fisheries and Aquatic Resource Management
Councils (FARMCs) formed pursuant to Republic Act No. 8550 or The Philippine Fisheries
Code of 1998.

SEC. 26. Zoning of Coastal Areas. ~ The LGUs, in coordination with the DENR, the
FARMCs, local fisherfolk organizations and other concerned stakeholders such as women
and the youth, shall prepare the Coastal Zoning Resource Management Plan (CZRMP) which
shall be incorporated in the CLUP. Management zones defined in the CZRMP should be
reflected in the CLUP and the subsequent ZO.

SEC. 27. Tourism and Recreation Zone. ~ The designation of areas for tourism and
resorts near or over fishery areas or ports thereof shall be with the consent of the concerned
LGUs and FARMCs, and shall comply with the policies and guidelines set forth in this Act.

SEC. 28. Protection of Waterways, Easements and Flood Plains. ~ Structures of any
kind shall not be built in waterways and easements, Pursuant to Presidential Decree No. 1067
or the Water Code of the Philippines, the banks of rivers and streams and the shores of the
seas and lakes throughout their entire length and within a zone of three (3) meters in urban
areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along
their margins are subject to the easement of public use only in the interest of recreation,

navigation, floatage, fishing and salvage

The protection of flood plains shall adopt a river basin management approach, in order

to come up with integrated flood mitigation interventions.


28

Development within flood plains and other flood-prone areas must be controlled or, if
allowed, must be so sited, constructed and serviced that the lives of occupants are not put at
risk and that disruptions during floods are minimized. The identification and characterization
of flood-prone areas and flood plains shall be an integral part of the CLUP preparation. The
LGUs shall establish land use regulations to mitigate flood risks through the CLUPs and ZOs.

To promote the best interest and the coordinated protection of flood plains, the
Department of Public Works and Highways (DPWH), in coordination with the Department of
Science and Technology (DOST) and the DENR, shall declare flood control areas, as
necessary, and shall prohibit or control activities that could damage or cause deterioration of
lakes and dikes, obstruct the flow of water, change the natural flow of rivers, increase flood
losses or aggravate flood problems pursuant to the Water Code of the Philippines.

SEC. 29. Disposition of Public Lands for Fishponds. — Upon the effectivity of this Act,
but subject to existing rights and the preceding section, no fishpond lease agreement (FLA)
shall be issued for tidal swamps, mangroves and oilier swamps, marshes, ponds, foreshore
lands, and coastal areas within public lands, including those presently declared available for
fishpond development. The NLUPC, in coordination with the DENR, the DA, the FARMCs
and the LGUs shall set aside a portion of available public lands for fish propagation, fish
sanctuary, conservation, ecological purposes and fisherfolk settlement areas. Fishponds
covered by existing FLAs, but are abandoned or are not operating efficiently and are found
suitable for mangroves shall be reforested with mangroves.

SEC. 30. /mmediate Restoration of Converted Mangrove Areas. — The DENR, in
coordination with the FARMCs and other concemed agencies, shall immediately take steps in
the restoration of all abandoned, undeveloped and underutilized fishponds to their original
state as mangrove forests.

ARTICLE SEVEN. MINERAL LANDS
SEC. 31. Policies on Mineral Lands, — Land use policies for mineral lands shall be
geared towards the rational, ecologically sound, and sustainable use of mineral resources
which shall promote economic growth for the local economy and uphold the human rights of
indigenous peoples and local communities in the affected areas.

—_

SEC. 32. Criteria for the Allocation and Utilization of Lands for Mining Purpos
The allocation and utilization of lands for mining purposes shall be guided by the following.



29

(a) The principles of sustainable development shall be observed at all times;

() In case of small-scale mining, adequate and acceptable safeguards shall be
instituted by the holders of mining rights or permits to prevent environmental degradation of
the mining sites and adjacent areas;

(© Mineral reservations which have become nonoperational for more than ten
(10) years as determined by the Mines and Geosciences Bureau (MGB) shall be placed under
appropriate surface management by the DENR; and

(@ Ancestral domains declared as protected by virtue of their ADSDPP as well as
all watershed areas shall be closed to mining.

SEC. 33. Reversion of Mineral Lands. ~ All mineral lands with exhausted mineral
resources, as determined by the MGB, shall automatically revert to their original land
classification, that is, as forest land or agricultural land. The concemed mining companies
shall bear the full cost of rehabilitation of these areas.

ARTICLE EIGHT. ENERGY RESOURCES
SEC. 34. Guidelines for the Allocation and Utilization of Lands for Energy Resource
Exploration, Development, Production, Utilization, and Distribution Purposes. — To ensure
that the objectives of maintaining ecological balance and maximizing the power potential
from indigenous energy resources in the most economical and environmentally acceptable
means are realized, the allocation and utilization of lands shall be guided by the following,

consistent with existing regulations and laws on energy resources:

(@ Indigenous energy resource exploration and development, for the purpose of
creating a National Energy Resource Inventory and Database as well as an Energy Resource
Block Map shall be allowed subject to the implementation of complementary watershed and
other land management plans;

(©) _ Indigenous energy resource exploration, development production, utilization,
and distribution shall be subject to the appropriate requirements and processes of the
Philippine Environmental Impact Statement (EIS) system. Each project shall secure an
Environmental Compliance Certificate (ECC) prior to project implementation to ensure that
adequate and appropriate environmental management measures and optimum methods for
resource access and recovery are used;

© Protected areas as defined in Section 4 hereof shall be closed to any kind of

energy resource development;


30

(® Energy reservations or portions thereof which have become or have been
established to be non-economically viable to operate or are no longer used for energy
purposes shall be reclassified to other land uses, subject to existing laws covering energy
reservations; and

( Renewable energy shall be preferred over other energy resource.

SEC. 35. Reversion of Energy Resource Lands. ~ All exhausted indigenous energy
resource lands as determined by the Department of Energy (DOE), which are not covered by
proclamations shall automatically revert to the category of forestlands or agricultural lands
open to disposition, whichever is appropriate, unless the DENR shall classify such areas for
other purposes. Exhausted energy resource lands shall refer to specific energy resource sites
whose energy reserves of the desired type/s are no longer in sufficient quantity or quality to
justify additional expenditure for their extraction and utilization.

ARTICLE NINE. SETTLEMENTS DEVELOPMENT

SEC. 36. Municipalities, Cities, and Settlements Development. — The development of
municipalities, cities, and settlements through CLUP and implemented by the ZOs of cities
and municipalities shall be guided by urban zoning standards designed to maximize existing
urban spaces taking into account studies of pertinent government agencies on climate change.

SEC. 37. Settlements Within Geo-hazard Areas and/or High Risk/Danger Zones. ~
Settlements within geo-hazard areas and/or high risk/danger zones shall not be allowed. In
cases where there are existing settlements within geo-hazard areas and/or high risk/danger
zones, the concemed government agencies shall provide assistance to concerned LGUs and
settlers in instituting safety and corrective measures to address the potential danger or risk

SEC. 38. Designation of Waste and Environment Management Site. ~ Each city or
municipality shall identify and designate an area to serve as waste and environment
management, waste disposal, and facilities within one (1) year from the effectivity of this
Act. The LGUs, in coordination with the DENR or any other competent authority, shall
identify sanitary landfill in order to fast-track the conduct of the Environmental Impact
Assessment (EIA) study and to facilitate the processing of the ECC. The site or area shall be
identified in the city’s or municipality's CLUP. For this purpose, cities and municipalities
shall establish their solid waste management program, pursuant to Republic Act No. 9003,
otherwise known as the “Ecological Solid Waste Management Act of 2000”. Likewise, as
provided under Section 33 of the Local Government Code of 1991, cities and municipalities
may, through appropriate ordinances, bind themselves towards the establishment of a
common solid waste management program.

Within ninety (90) days from the effectivity of this Act, the DENR, in coordination
with concemed agencies, shall promulgate the necessary guidelines and standards for the


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formulation and establishment of solid waste management programs by cities and
municipalities, and shall submit the same to the NLUPC for review and approval.

SEC. 39. Designation and Zoning of Socialized Housing Sites. — Each city or
municipality in urban, urbanizable and rural areas shall designate, through the CLUP,
adequate lands for housing or residential purposes, including socialized housing and
resettlement areas for the immediate and future needs of the local population as well as the
underprivileged and homeless in their territory, pursuant to existing laws and regulations. In
order to ensure adequate availability of land for the housing needs of the local population, the
CLUP may be revised at the minimum of ten (10) years, and reviewable not earlier than
every five (5) years.

The designated sites for socialized housing shall be located in residential zones, and
shall be zoned as socialized housing zones that are integrated in the city’s or municipality’s
ZO, duly approved by the NLUPC, pursuant to existing laws and regulations. Preference shall
be given to lands proximate to public transportation facilities which may include inter alia
railways and public terminals.

The location of resettlement areas may either be on-site or off-site and may be within
the city or municipality: Provided, That designated settlement and socialized housing areas
shall consider the proximity and accessibility of the affected community to employment,
economic activities and social services.

Within ninety (90) days from the effectivity of this Act, the NLUPC, in coordination
with concemed agencies, pursuant to HUDCC Resolution No. 521, Series of 1992; Executive
Order No. 124, Series of 1993; and other pertinent guidelines on the matter, shall promulgate
the necessary guidelines for the identification and designation of socialized housing sites. All
cities and municipalities in urban and urbanizing areas shall identify and designate their
socialized housing sites within one (1) year from the effectivity of this Act and must submit
the list of these sites and their respective areas to the HUDCC.

‘These sites shall be used exclusively for socialized housing as defined in the UDHA.

SEC. 40. Zoning of Identified Sites for Socialized Housing. ~The identified sites for
socialized housing shall be located in residential zones identified by the city’s or
municipality’s CLUP and ZO duly approved by the NLUPC. However, for cities and
municipalities where the identified sites are not within the said residential zones, the location
shall be within the priority sites and conform with the suitability criteria as defined in
Sections 6.3 and 6.4 of the Guidelines in HUDCC Resolution No. 521, Series of 1992, or as
may be defined in subsequent issuances. The identified sites shall be zoned as socialized
housing zones as defined herein.

The current ZO of LGUs shall be reviewed and revised such that the socialized
housing component shall be integrated thereto.

SEC. 41. Valuation of Lands for Socialized Housing. ~ Equitable land valuation
guidelines for socialized housing shall be set by the Department of Finance (DOF) on the


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basis of the market value reflected in the zonal valuation, or in its absence, on the latest real
property tax declaration. For sites already occupied by qualified beneficiaries under the
UDHA, and sites identified as socialized housing zones as defined in this Act, the DOF shall
factor into the valuation, the blighted status of the land as certified by the LGU or the
National Housing Authority (NHA)

SEC. 42. Guidelines for Identification of Settlement Sites. ~ In identifying settlement
areas, prospective sites should be:

(® Within alienable and disposable lands but not in environmentally critical, geo-
hazard or other protection areas;

(b) Along established urban growth directions;

(© With provisions for or can be provided with basic services and utilities;

@ Within the 0 to 8% slope range; and

(© Accessible from existing built-up areas and other employment centers through

existing or proposed roads and other transportation facilities.

SEC. 43. Urban Forest or Green Space. ~ Each city or highly-urbanizing
municipality shall identify, designate, and allocate lands owned by the city or municipality as
urban forest or green space, based on the guidelines and standards to be issued by the DENR
and approved by the NLUPC.

SEC. 44. Protection of Ecological Harmony. ~ To ensure the ecological harmony of
towns, cities and settlements, certain projects that can alter the present use of a zoned area
shall not be issued a building permit, business permit, and/or development permit. The
identification of these projects shall be done in coordination with the LGU concemed. All
LGUs shall be required to designate restoration areas in their forest land use plans.

ARTICLE TEN. INDUSTRIAL DEVELOPMENT AREAS/SITES

SEC. 45. Criteria for Designating Industrial Developmem Areas. - The
identification and establishment of industrial development areas shall conform to the
provisions of Republic Act No. 7916 or the SEZA of 1995 as amended by Republic Act No.
8748, Republic Act No. 6657 or the Comprehensive Agrarian Reform Law (CARL) as
amended by Republic Act No. 9700 or the Comprehensive Agrarian Reform Program
Extension with Reforms (CARPER), Republic Act No. 8371 or the IPRA, Republic Act No.
7279 or the UDHA, Republic Act No. 8550 or the Philippine Fisheries Code as amended by
Republic Act No. 10654, and Republic Act No. 8435 or the AFMA, taking into consideration
the following:

(® Identified network of areas for agricultural development and protected
agricultural areas pursuant to Republic Act No. 8435;


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(©) National policies on the regional dispersal of industries and agri-based

industrial development;
(© Identified growth areas and corridors in the National Development Plan;

(@) NIPAS and non-NIPAS areas such as, but not limited to, KBAs and restored
areas that require protection;

© National and Urban Development and Housing Framework;

o Identified Socialized Housing Zones; and

(®) National Framework for Physical Planning and other existing national
programs and policies,

‘The designated industrial development areas shall be located only in production land
use areas and shall become an integral part of the land use plan and ZO of the city or
municipality where these areas are located. Republic Act No. 9700, Republic Act No. 8371,
Republic Act No. 7279, Republic Act No. 8550, Republic Act No. 8435, and Republic Act
No. 7160 or the Local Government Code of 1991 shall apply to all Special Economic Zones
and Free Ports.

ARTICLE ELEVEN. TOURISM DEVELOPMENT AREAS

SEC. 46. Designating Tourism Development Areas. ~ The identification, selection,
and development of tourism development areas, and tourism enterprise zones (TEZs) shall be
done in consultation and coordination with the concemed LGUs, the TIEZA, the DOT, and
other concerned national government agencies, the private sector and the affected
communities, subject to the provisions of Republic Act No. No. 9593 or the Tourism Act of
2009. Tourism development areas shall likewise include those covered by legislative and
executive issuances such as tourist spots, tourist zones and tourism ecozones which can be
developed into tourism estates or integrated resort, leisure and recreation complexes and
other tourism-related facilities as well as those identified in the national, regional, and area-
specific tourism master plans and other sector plans, such as ecotourism and agritourism
sites: Provided, That such sites designated for tourism development are outside of areas
identified for protection land use, As much as practicable, community-based tourism shall be
the principal mode of tourist spot operation. Republic Act No. 9700, Republic Act No. 8371,
Republic Act No. 7279, Republic Act No. 8550, Republic Act No. 8435, and Republic Act
No. 7160 shall apply and Executive Order No. 111, Series of 1999 that provided for the
National Ecotourism Strategy shall likewise apply to all tourist zones and tourist
development areas.

Designated areas for tourism development shall become part of the CLUPs and ZOs
of the cities or municipalities where these are located.

SEC. 47. Identification and Preservation of Cultural Heritage. - In accordance with
Republic Act No. 10066 or the National Cultural Heritage Act of 2009, the National
Historical Commission of the Philippines (NHCP), the National Museum (NM), and the
National Commission for Culture and the Arts (NCCA) in coordination with other concerned


34

agencies, local communities, and the private sector, shall identify and declare areas and
structures which shall be protected and preserved as part of Philippine cultural heritage.

‘The NHCP and the NM, in consultation with the NCCA and the HLURB, shall
designate heritage zones to protect the historical and cultural integrity of a geographical area
that is significant to national history.

The LGUs, in consultation with the NHCP, the NM, and the NCCA, shall designate
heritage zones to protect the historical and cultural integrity of geographical areas and
cultural spaces of intangible cultural properties, which are significant to a city or municipality
and the community,

ARTICLE TWELVE. INFRASTRUCTURE DEVELOPMENT

SEC. 48. Allocation and Use of Land for Infrastructure Development. - Land,
whether public or private, shall be allocated and utilized for priority infrastructure projects
that are supportive of national or local development objectives. The National Economic and
Development Authority (NEDA), in consultation with the concerned national government
agencies, LGUs, and the private sector, shall identify and periodically review, update and/or
revise the list of priority infrastructure projects under an overall national strategic
infrastructure development plan subject to the provisions of this Act, Republic Act No. 8435
and Republic Act No. 8371: Provided, That such national strategic infrastructure
development plan shall be consistent and integrated in the objectives and directions of the
NPFP.

In determining and evaluating the list of priority infrastructure projects, consideration
shall be given to those that:

(® Respond to immediate and vital requirements of the national and regional
economy with priority to improving production-market integration, inter-modal transport,
conveyance and logistics linkages, rural infrastructure and the development of the agriculture
and fisheries sectors;

@) Upgrade existing facilities to international public safety standards;
© Address the need for sustainable settlements development; and
@ Mitigate the destructive effects of natural disaster-causing phenomena or those

that shall serve as alternatives to existing infrastructure found in natural hazard-prone areas.

Provided, That the provision and implementation of infrastructure support shall be
made compatible with existing environmental conditions and the physical, whether natural or
human-made, and cultural character of the area. Mandatory public consultations pursuant to
existing laws and regulations shall be held prior to the conduct of all infrastructure projects
that will necessarily involve dislocation or displacement of people in the area,


35

Provided, further, That the proponent of the infrastructure project shall follow the rules
n just and humane eviction or demolition under Section 28 of Republic Act No, 7279 as a
last resort, notwithstanding the provisions of Republic Act No. 8975, prohibiting lower courts
from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory
injunctions, and that the proponent shall follow provisions of Republic Act No. 8371,
particularly those pertaining to the rights of ICCs/IPs in case of displacement.

Provided, finally, That national goverment infrastructure projects shall provide
budgetary allocations for the adequate relocation of displaced communities.

SEC. 49. Infrastructure Projects Within Geo-hazard Areas. ~ Construction of priority
infrastructure projects within hazard-prone areas shall be allowed: Provided, That mitigating
and/or preventive measures are adopted and implemented to address the potential adverse
economic, sociocultural, and environmental impacts that will emanate from these
infrastructure projects, subject to the findings and recommendations of a feasibility study/EIA
in accordance with Presidential Decree No. 1586 (EIS System) and Republic Act No. 4846 or
the Cultural Properties Preservation and Protection Act.

Existing projects that were undertaken without the required EIA and which pose a
threat to the environment, or to the integrity of historic, archaeological, or scientifically
significant areas, or impinge on critical ecosystems, may be terminated immediately, or
gradually phased-out and relocated, or maintained within their life span subject, however, to
mitigating measures: Provided, That the rules on mandatory public hearings/consultations
and just and humane eviction or demolition shall also be observed prior to the termination,
gradual phase-out, or relocation of projects that will necessarily involve dislocation or
displacement of people in the area.

CHAPTER IV PHYSICAL FRAMEWORK AND LAND USE PLAN

SEC. 50. National Land Use Planning Process. ~ The physical framework and land
use planning process shall be participatory, following a combined bottom-up and top-down
approach, with mandatory public hearings/consultations conducted at all levels, and shall
consider available and updated multidisciplinary scientific information of land uses.

A set of national policy guidelines and standards for physical planning shall be
formulated by the NLUPC. These shall guide the preparation and formulation of the NPFP,
Regional and Provincial Physical Framework Plans (RPPFPs).

These standards shall give due consideration to conflicting uses and areas being used,
declared or designated for agrarian reform, protected areas, coastal resource management
and/or ancestral domains.

The NPFP shall define the national strategy and objectives of the country’s urban,
rural and regional development. It shall guide the rational distribution of population, access to
economic opportunities and social services, sustainable utilization of resources, and
maintenance of environmental integrity


36

Furthermore, it shall consider the existing Regional Physical Framework Plans
(RPFPs) and the Provincial Physical Framework Plans (PPFPS).

‘The RPFPs, the PPFPs and the CLUPs, which cover the physical development of their
respective territories, shall be consistent with the NPFP: Provided, That the integration and
harmonization of physical framework plans at all levels shall be iterative to ensure that the
concems of both top and bottom levels of government are considered in the NPFP, the
RPFPs, the PPFPs and the CLUPs

The physical framework and land use plans prepared at all levels shall be consistent
with each other, specifically on the linkages of the major land use categories to ensure their
‘complementation in the utilization, development and management of resources.

The period of coverage of the national, regional and provincial framework plans shall
be thirty (30) years with regular review and updating every ten (10) years.

SEC. 51. National Physical Framework Plan. — The NPFP shall guide the planning
and management of the country’s land and other physical resources at the national and sub-
national levels, and indicate broad spatial directions and policy guidelines on protection land
use, production land use, settlement development and infrastructure development. The NPFP
shall be the basis for adopting the land use and physical planning-related guidelines,
including zoning and other land use control standards that will guide the formulation of
city/municipal ZOs.

‘The NLUPC, in consultation with concerned sectors and communities shall update the
NPFP after such period that objectives and goals set by the NPFP have been substantially
achieved. It shall also formulate and issue the appropriate planning guidelines and standards
through which all physical planning, land use and management of resources shall be
reviewed, prepared, formulated and monitored.

The resulting land use plan/physical framework shall be the basis for the
identification, formulation and development of national and local development plans,
programs, projects and activities of government at all levels.

SEC. 52. Regional Physical Framework Plan (RPFP). — The RPFP shall provide
broad spatial directions and policy guidelines on protection land use, production land use,
settlement development, and infrastructure development at the regional level and guide the
formulation of the PPFPs. The RPFP shall consider the existing PPFPs and the CLUPs of
LGUs within the territorial jurisdiction of the region.

The Regional Land Use Policy Council (RLUPC), created under Section 59 of this
Act, shall formulate and periodically update the RPFP based on the guidelines issued by the
NLUPC, in a manner consistent with and following the objective of the NPFP. Likewise, the
Medium-Term Regional Development Plan (MTRDP) and the Medium-Term Regional
Development Investment Program (MTRDIP) shall be guided by and made consistent with
the objectives identified in the RPFP.


37

SEC. 53. Provincial Physical Framework Plan (PPFP). — The PPFP shall determine
the physical development of the entire provincial territory, consolidate and harmonize the
comprehensive land use plans of component cities and municipalities, consistent with the
RPFP. It shall reflect the indicative land use management and physical development direction
of the province.

Further, the PPFP shall serve as basis for other sectoral and development plans related
to land, natural resources, and infrastructure facilities, including the development plan of the
province; the reconciliation and rationalization of land use proposals among component cities
and municipalities with the higher level framework plan; guiding development agencies and
private developers, particularly those that undertake large-scale projects; and providing a
basis for resolving conflicts arising from the implementation of land use plans and
development projects involving two (2) or more municipalities.

‘The PPFP shall serve as the basis for the preparation of the Provincial Development
Plan (PDP) and the Provincial Development Investment Program (PDIP). The PPFP, the
PDP, the PDIP and/or the Provincial Physical Framework and Development Plan (PPFDP)
shall serve as the basis for the formulation of sectoral action plans of national government
agencies in the province and all LGUs within its jurisdiction. The province may opt to
prepare their PDP alongside the preparation of PPFP and consolidate them into a PPFDP:
Provided, That PPFDP shall remain consistent with the PPFP: Provided, further, That any
review or changes in the PPFP shall coincide with the overall review process of the NPFP.

The Provincial Land Use Planning and Management Board (PLUPMB) created under
this Act shall ensure that the PPFP is consistent with the national and regional planning
framework and guidelines issued by the NLUPC/RLUPC. The PPFP shall be presented to the
Provincial Development Council (PDC) for endorsement to the Sangguniang Panlalawigan,
which shall formally adopt and approve the PPFP. The approved PPFP shall be submitted to
the RLUPC for consolidation and integration into the RPFP.

Under the general supervision of the PLUPMB, the Provincial Planning and
Development Coordinator/Office (PPDC/PPDO) shall provide technical, secretariat and
administrative support in the preparation, consultation, integration and formulation process of
the PPFP.

SEC. 54. City and Municipal Comprehensive Land Use Plans (CLUPs). — All
barangays shall provide their sectoral, temporal and spatial data for the CLUP which shall
serve as the foundation for the formulation of the city/municipal CLUPs. The data shall be
provided by the Sangguniang Pambarangay through stakeholder consultations. The CLUP
shall determine the specific uses of land and other physical and natural resources, both
private and public, within their territorial jurisdiction including areas co-managed with the
national government and, as appropriate, management plans for ancestral domains, critical
watersheds, river basins, and protected areas.

The CLUP shall delineate actual boundaries on the ground within the territorial
jurisdiction, embody the desired land use pattems of the barangay, city or municipality,
translate and integrate sectoral plans, and provide appropriate policies for each of the four (4)


38

land use planning categories, The spatial directions prescribed in the CLUP shall serve as the
basis for the preparation and formulation of the Comprehensive Development Plan (CDP)
and Local Development Investment Program (LDIP) of the LGUs.

Consistent with the national standards and guidelines prescribed in Section 50 of this
Act, the cities and municipalities shall, in consultation with the concemed sectors, prepare
their respective CLUPs. The City/Municipal Land Use Planning and Management Board
(C/MLUPMB) created under this Act shall be responsible for the preparation and formulation
of the CLUP and ensure its consistency with national and regional physical planning
guidelines and standards. Under the general supervision of the respective C/MLUPMB, the
City/Municipal Planning and Development Office/Coordinator (C/MPDO/C) shall provide
technical, secretariat and administrative support in the preparation, consultation, integration
and formulation process of the respective CLUPs of each city or municipality.

‘The CLUPs shall be submitted by the city/municipal local development councils
(LDCs) for adoption and approval of the Sangguniang Bayan (SB). The approved CLUPs
shall be submitted to the province for integration into the PPFP.

CHAPTER V IMPLEMENTING STRUCTURE AND MECHANISM

SEC. 55. Creation of the National Land Use Policy Council (NLUPC). ~ The National
Land Use Committee (NLUC) under the NEDA Board (NB) is hereby abolished and in its
stead, the NLUPC shall be created. It shall exercise the powers and responsibilities identified
under this Act and assume the functions of the NEDA Board-National Land Use Committee
(NB-NLUC). It shall further exercise the powers and functions pertaining to land use
planning vested by law on the Housing and Land Use Regulatory Board (HLURB), except
the following which shall remain as official functions of the HLURB:

(®) Formulate land use planning guidelines in the preparation of the CLUPs and

ZOs of LGUs to ensure compliance with the national policies, objectives, priorities and
directions set by the NLUPC;

() Provide technical and other forms of planning assistance to, including
capacity-building for, LGUs and zoning boards; and

(© Act as the appellate body on decisions of local zoning bodies on locational
clearance applications and/or oppositions thereto and other zoning issues involving private
rights.

The NLUPC shall act as the highest policy-making body on land use and shall resolve
land use policy conflicts between or among agencies, branches, or levels of the government

It shall integrate efforts, and monitor developments relating to land use and the evolution of
policies.


39

SEC. 56. Composition of the NLUPC. ~ The NLUPC shall be headed by the Director
General of the NEDA as Chairperson. It shall choose a Vice Chairperson from among the
members of the Council, who shall assume the functions of the Chairperson in case of
absence, The NLUPC shall meet at least once every quarter.

‘The members of the Council shall be the following
(@) The Secretary of the DAR;
(®) The Secretary of the DA;
(©) The Secretary of the DENR;
(@) The Secretary of the Department of the Interior and Local Government
(DILG);

(e) The Chairperson of the NCIP;

(The Chairperson of the HUDCC;

(g) The Chief Executive Officer of the HLURB;
(s) The Administrator of the NAMRIA;

() The President of the League of Cities of the Philippines (LCP);
(The President of the League of Municipalities of the Philippines (LMP);

(&) Two (2) representatives each from four (4) basic sectors directly involved in
land use, namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall be
appointed by the respective National Anti-Poverty Commission (NAPC) sectoral
councils. Of the eight (8) sectoral representatives, at least four (4) shall be women,
provided that one of whom shall be from the Moro sector;

(Four (4) representatives from the developers’ associations, the accredited
associations of professionals dealing with land use such as, but not limited to, urban and
regional planners, environmental planners, architects, geologists and geodetic
engineers, the business or private sectors; and

(m) The Head of the NLUPC Secretariat who shall be a nonvoting ex officio
member.
The members of the Council who are Cabinet Secretaries may designate their duly

authorized and permanent representatives whose ranks shall in no case be lower than
Undersecretary.

SEC. 57. Powers and Functions of the NLUPC, - The NLUPC shall have the
following powers and functions:


40

(®) Guide the determination and identification of the country’s strategic land use
development and physical planning objectives, priorities and direction, as well as recommend
the adoption, passage, or amendment of laws to ensure that plans, programs, projects, and

activities, including local government latives affecting land use are consistent with

national development objectives;

(©) Formulate the necessary national policy guidelines in the preparation of the
country’s physical framework plans, including the setting of limits/target key land uses
needed for protection, production, settlements and infrastructure for present and future needs;

© Ensure that policies, guidelines and standards on land use and physical
planning, including zoning, shall be followed by the RLUPC, local land use boards and
concerned national agencies, and that the RPFP, the PPFP and the CLUPs shall be consistent
with the NPFP;

(@ Ensure the consistency of other national development and sectoral plans and
programs, including the Medium-Term Philippine Development Plan (MTPDP) and Public
Investment Program (PIP), with the NPFP;

(© Integrate and harmonize all laws and policies relevant to land use in order to
come up with a rational, cohesive, and comprehensive national land use framework, and if
warranted, recommend to Congress the adoption, passage or amendment of laws to ensure
that sectoral plans, projects and activities, including local government initiatives affecting
land use are consistent with national development objectives;

() Resolve policy conflicts on land uses between or among agencies, branches, or
levels of government and unresolved land use policy conflicts at the regional level;

(@) _Issue locational clearances for projects of national significance;

() Call on any department, bureau, office, agency, or instrumentality of the
government and or private entities and organizations for cooperation, support, and assistance
in the performance of its functions;

() Review the NPFP every ten (10) years;
() Advise the President of the Philippines and the NEDA Board on all matters
‘concerning land use and physical planning;

() Adopt rules of procedures for the orderly and expeditious conduct of meetings
and other business of the Council; and


a

() Perform such other acts and functions and exercise such other powers as may be
necessarily implied, inherent, incidental, or related to the foregoing.

SEC. 58. NLUPC Secretariat. ~ The existing unit of the NEDA in charge of Land Use
and Physical Planning Division shall act as the NLUPC Secretariat which shall perform
functions such as, but not limited to, managing information, gathering of data, coordinate the
monitoring of government agencies and LGUs, ensuring multi-stakeholder participation
towards formation of local land use policy boards, sharing of database and mapping systems,
and reinforcing relevant assessment tools and capability-building programs.

CHAPTER Vi REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 59. Regional Land Use Policy Council (RLUPC). ~ At the regional level, the
Regional Land Use Committee (RLUC) is hereby abolished and in its stead, the RLUPC shall
be created. The RLUPC shall be institutionalized, replicating the NLUPC structure and
composition. It shall be chaired by the NEDA Regional Director and shall exercise the
following functions:

(® Formulate regional policies and guidelines which are consistent with the
national planning guidelines issued by the NLUPC in the preparation and formulation of the
respective provincial physical planning and CLUPs of LGUs within its jurisdiction;

(») Prepare and _ periodically update the RPFP, taking into
consideration national policies and lower level plans;

(© __ Review, prior to adoption by respective Sanggunians, the PPFPs and the
CLUPS of highly urbanized and independent component cities to ensure consistency with the
RPFP and national policies set forth by the NLUPC;

(@ Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among regional line agencies, provinces and

cities/municipalities;

(© Monitor changes in land use and other physical resources in the region;
(©) Coordinate and monitor the land use activities of regional line agencies and
LGUs;
@ Evaluate consistency of major programs and projects of regional agencies and

entities with the RPFP and their impact on land use and the environment; and

(>) Perform other related functions as may be directed by the NLUPC.
In forest land use management, where the watershed area/continuum covers several
municipalities across different provinces, an inter-LGU task force composed of
representatives from the RLUPC and the concemed municipal LGUs where the watershed
area is located shall be formed. With the assistance of the DENR and upon mandatory


42

consultations with the concerned sectors, the inter-LGU task force shall formulate the
Watershed Management Plan for the said watershed area.

SEC. 60. Provincial Land Use Planning and Management Board (PLUPMB). — The
Provincial Land Use Committee (PLUC) is hereby abolished. The Provincial Land Use
Planning and Management Board or PLUPMB is created in all provinces under this Act to
oversee the preparation, integration, adoption and approval of the PPFP and shall ensure its
consistency with approved national and regional planning guidelines. The PLUPMB shall
also be directly responsible for the effective management and implementation of the
approved PPFP and ensure that any existing and future development initiatives, programs and
projects introduced within its jurisdiction are consistent with and supportive of the land use
resource management and physical planning objectives, directions and character identified in
the approved PPFP.

SEC. 61. Powers and Responsibilities of the Provincial Land Use Planning and

Management Board. ~ The following are the powers and responsibilities of the PLUPMB:

@) Formulate necessary provincial planning guidelines and/or implementing
policies for the preparation and formulation of the respective CLUPs within its jurisdiction
consistent with approved national and regional planning policies and guidelines;

(®) Submit to the PDC the draft CLUP for its transmission to the Sangguniang
Panlalawigan and for the PDC to use it as reference for consistency and complementation
with other development plans;

(© __ Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and land use management
objectives and goals identified in the CLUP;

(@ After an appropriate period of time or upon instruction and advice by the
NLUPC, conduct and initiate a progress review of the PPFP and the achievement of its stated
objectives and goals and update the PPFP;

(© Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among cities/municipalities and facilitate the resolution
of any unresolved land use conflict, including political boundary conflicts, at the
city/municipality level;

() Advise the Sangguniang Panlalawigan on all matters pertaining to land use
and physical planning;
(® Promote cooperation and sharing of resources between and among component

LGUs of the province or with neighboring LGUs to address common land use and


43

development issues including those related to geo-physical hazards, watershed and river basin.
‘management, coastal and marine waters, climate change impact and disaster risks; and

(%) Assist the Sangguniang Panlalawigan in reviewing the submitted CLUPs of
component cities/municipalities to ensure consistency with the PPFP.
In cases where the watershed areas transcend the boundaries of a particular

municipality, an inter-LGU task force composed of representatives from the PLUPMB of the
municipal LGUs where the watershed area is located shall be formed.

SEC. 62. Composition of the PLUPMB. — The PLUPMB shall be composed of the
following fifteen (15) members to be selected based on the rules to be formulated by the
NLUPC as provided in this Act:

(®) The Provincial Planning and Development Coordinator (PPDC);

(&) The Chairperson of Sangguniang Panlalawigan Committee on Environment
and Natural Resources;

(© The Provincial Chapter President-League of Municipalities and/or League of
Cities;

(6) The Provincial Agrarian Reform Officer (PARO);

(© The Provincial Environment and Natural Resources Officer (PENRO);

wo The Provincial Agricultural Officer (PAO);

@ The NCIP Provincial Officer;

() The HLURB Regional Officer,

( Three (3) representatives from the local business or private sector; the developers’
association and accredited associations of professionals dealing with land use such as, but not
limited to, urban and regional planners, environmental planners, architects, geologists,
geodetic engineers, and chamber of commerce, who shall be appointed from among the
accredited organizations within their respective development councils;

@ Four (4) representatives from the basic sector groups (urban poor, fisherfolk, farmers,
indigenous peoples): Provided, That at least two (2) representatives shall be women:
Provided, further, That the representatives shall be appointed from among the accredited
organizations within their respective development councils: Provided, finally, That in
predominantly Muslim areas, one shall be from the Moro sector; and

() The designated Board Chairperson to be chosen among the members.


44

Except for ex officio members, the members of the PLUPMB shall be appointed for a
term of three (3) years, subject however to the elected office held, government employment
and/or official designation of the LGU, national agency and/or local business/private sector
association or basic sector group representation in the Board. The NLUPC, within ninety (90)
days from its establishment, shall formulate the rules for the selection of the Chairperson and
the members of the PLUPMB. The Provincial Planning and Development Coordinator/Office
(PPDC/PPDO) shall provide technical secretariat and administrative support and resources
for the effective operation of the PLUPMB.

Aside from the PPDO, the PLUPMB may call upon other local and national government
offices and agencies such as the local Engineer, Assessor, and local field representatives of
the DA, the DPWH, the DOTr, the DOT, the DENR, the DAR, the DepED, the NCIP and
other concemed national agencies to assist the PLUPMB in the performance of its roles and
mandates.

The appropriations for the regular operation and activities of the PLUPMB shall be
included in the annual budget proposal of the PPDO: Provided, That other funds and
resources, including grants, applicable service fees and charges collected, contributions,
donations, and other funds to support its operations and activities may be accepted and
received by the PLUPMB subject to existing auditing and reporting procedures.

SEC. 63. City/Municipal Land Use Planning and Management Board (C/MLUPMB). ~
A City/Municipal Land Use Planning and Management Board or C/MLUPMB is hereby
created under this Act in all municipalities and cities, including highly urbanized and
component cities, to oversee the preparation, integration, adoption and approval of their
respective CLUPS. It shall issue a Certificate of Compliance prior to the submission of the
CLUP to the Sanggunian to ensure the consistency of such plans with approved national,
regional and provincial planning guidelines. The C/MLUPMB shall also be directly
responsible for the effective management and implementation of the approved CLUP and for
ensuring that existing and future local policies, including ZOs, development initiatives,
programs and projects introduced within its jurisdiction are consistent with and supportive of
the land use resource management and physical planning objectives, directions and character
identified by the approved CLUP.

SEC. 64, Powers and Responsibilities of the CityMunicipal Land Use Planning and
Management Board. ~ The C/MLUPMB shall exercise the following powers and functions:

(® Ensure the inclusion of the input of the barangays within the jurisdiction of the
respective city/municipality on sectoral, temporal and spatial dimensions of the plan and its
consistency with approved national, regional and provincial planning guidelines;

() _ Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and land use management
objectives and goals identified in the CLUP;


45

(© _Issue a Certificate of Compliance to the Sanggunian as proof that the CLUP is
compliant with national land use policies, guidelines and standards;

(® Submit to the LDC the draft CLUP for its transmission to the Sanggunian and
for the LDC to use it as basis for consistency and complementation with other development
plans;

(©) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among barangays and facilitate the resolution of any
unresolved land use conflict, including boundary conflicts, involving barangays;

(© Based on the CLUP, review and endorse for approval/disapproval applications
for locational clearances, building and zoning permits and/or other planning-related
requirement for any project, both private and public, that is submitted to the LGU for
issuance;

(@) Advise the Sangguniang Bayan on all matters pertaining to land use and
physical planning; and

() Promote cooperation and sharing of resources between and among its
barangays and neighboring LGUs to address common land use and development issues
including those related to geo-physical hazards, watershed and river basins, coastal and
marine waters, climate change impact and disaster risks.

SEC. 65. Composition of the CMLUPMB. — The C/MLUPMB shall be composed of
the following thirteen (13) members and shall be headed by a Chairperson:

(a) The City/Municipal Planning and Development Coordinator (C/MPDC);

(©) The Chairperson, Sangguniang Bayan Committee on Environment and Natural
Resources,

(© The President of the Association of Barangay Captains (ABC);

( The Municipal Agrarian Reform Officer (MARO);

(@ The LGU Environment and Natural Resources Officer
(City/Municipal ENRO);

(©) The Municipal Agriculture Officer (MAO);
(®) Three (3) representatives from the local business/private sector, the
developers’ associations, and the accredited associations of professionals dealing with land
use such as, but not limited to, urban and regional planners, environmental planners,
architects, geologists and geodetic engineers, and chamber of commerce, who shall be


46

appointed from among the accredited organizations within their respective development
councils;

() Four (4) representatives from the basic sector groups (urban poor, fisherfolk,
farmers and indigenous peoples): Provided, That at least two (2) representatives shall be
women: Provided, further, That the representatives shall be appointed from among the
accredited organizations within their respective development councils: Provided, finally, That
in predominantly Muslim areas, one shall be from the Moro sector; and

( The designated Board Chairperson to be chosen among the members.

Except for ex officio members, the members of the C/MLUPMB shall be appointed to a
term of three (3) years, subject however to the elected office held, government employment
and/or official designation in the LGU, national agency and/or local business/private sector
association or basic sector group representation in the Board. The NLUPC, within ninety (90)
days from its establishment, shall formulate the rules for the selection of the Chairperson and
members of the C/MLUPMB. The City/Municipal Planning and Development
Office/Coordinator (C/MPDO/C) shall provide technical secretariat and administrative
support and resources for the effective operation of the C/MLUPMB.

Aside from the C/MPDO/C, the C/MLUPMB may call upon other local and national
government offices and agencies such as the local Engineer, Assessor, and local field
representatives of the DA, the DPWH, the DOTr, the DOT, the DENR, the DAR, the DepED
and other concerned national agencies to assist the C/MLUPMB in the performance of its
roles and mandates.

The annual appropriations for the operation and activities of the C/MLUPMB shall be
included in the annual budget proposal of the C/MPDOYC: Provided, That other funds and
resources, including grants, applicable service fees and charges collected, contributions,
donations, and other funds to support its operations and activities may be accepted and
received by the PLUPMB subject to existing auditing and reporting procedures.

LGUs shall create and/or activate their respective C/MLUPMB upon guidelines issued
by the NLUPC for such purposes, not later than six (6) months from the effectivity of this
Act.

CHAPTER VII ADOPTION, APPROVAL AND REVIEW OF LOCAL LAND USE AND
PHYSICAL FRAMEWORK PLANS.

SEC. 66. Approval and Review of PPFP and CLUPs. ~ The PPFP and CLUPS of the
respective city/municipal LGUs, including highly urbanized cities and independent
component cities shall be submitted by the local land use boards to the LDCs for transmission
to the local Sanggunian for approval.

SEC. 67. Approval of RPFP and NPFP. - The RPFP and NPFP shall be submitted for
review and approval of the RLUPC and NLUPC, respectively, upon the conduct of


a7

appropriate stakeholder and agency consultations: Provided, That such processes and
guidelines shall be prepared and issued by the NLUPC within six (6) months from the
effectivity of this Act.
CHAPTER VIII MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING
SEC. 68. National Mapping and Spatial Data Infrastructure Program (NMSDIP).~ A
national mapping program shall be implemented, coordinated and monitored by the
Interagency Technical Committee (ITC) which is hereby created. It shall be composed of the
NAMRIA as the lead agency, the BSWM, the Forest Management Bureau (FMB), the LMB,
the Land Registration Authority (LRA), the Protected Areas and Wildlife Bureau (PAWB),
the MGB, the Philippine Institute of Volcanology and Seismology (PHIVOLCS), the DAR,
the DA, the NCIP, the National Water Resources Board (NWRB), the DOE, the National
Disaster Risk Reduction and Management Council (NDRRMC), the NEDA, and other
concemed government agencies. The ITC shall be constituted, and the mapping and spatial
data infrastructure program shall be initiated within thirty (30) days from the effectivity of
this Act. The program shall be responsible for the production of base and decision maps and
associated spatial databases for all planning levels based on the guidelines of the NLUPC.
Under the program, all government stakeholders concerned in the production of maps
of various themes shall collaboratively formulate the government's spatial data infrastructure
master plan and respective government agency/stakeholders’ spatial data infrastructure plans
which shall be the basis for subsequent funding and eventual project implementation and/or
operation.

All pertinent and updated thematic maps/data from supporting agencies of the
program shall be submitted to the NAMRIA for compilation and integration into a national
geospatial database established under the program.

‘The NAMRIA shall finish its base mapping program within two (2) years upon the
effectivity of this Act and provide updates thereof to support the implementation of the
spatial data infrastructure program.

‘The spatial and nonspatial data generated by these activities shall be transmitted to the
LGU as soon as practicable. Existing land information data available to the national
government agencies as of the effectivity of this Act shall be immediately transmitted to the
LGUs

For purposes of uniformity and standardization, the LGUs, assisted by the appropriate
agencies of the national government, shall likewise prepare their respective maps using
scales, symbols, and other indicators to be prescribed in accordance with this Act. The
completed maps shall be integrated in the NPEP pursuant to Section 51 of this Act.


48

SEC. 69. Maps for Planning. ~ Within one (1) year after the

NLUPC’s approval of the Guidelines and Standards for planning at all levels, available
NAMRIA maps and all maps made available to NAMRIA by supporting agencies shall be

submitted to the NLUPC for national, provincial, cities and municipalities planning, The
NLUPC shall forward these maps to the respective PLUPMBs and C/MLUPMBSs after it has
reviewed and approved them. Pertinent maps to be produced through the NMSDIP shall

include, among others:

(«) Topographic Maps;

(b) Geologic Maps;

(© Hydrologic Maps;

(@ Climate Maps;

(©) Soils Maps;

(® Slope Maps;

(@) Mineral Resource Maps;
(») Existing Land Use Maps;
(Land Suitability Maps for:

a Settlements
Q) Agriculture (3) Industrial areas; and
(4) Others.

() Agricultural Maps:

() Network of Protected Areas for Agricultural
Development;

@ Commodity Specific Development Guide Maps;
@) Land Limitation Maps;
(4) Cropping System Zones Maps;

(5) Hydro-ecological Conditions Map; and

(6) _Itigation Systems Maps.

) Land Classification Maps;
0 Municipal Waters Delineation Maps and MPAs;
(m) Geo-Hazard Maps:

(1) Flood-Prone Areas;
(2) Hazard Zonation Maps for Volcanoes,

and Agro-industrial


49

@) Map of Fault Systems;

( Tsunami-Prone Areas; and

(5) Erosion Prone Areas.

(®) Tourism Maps;

(0) Transportation Maps;

(p) Traffic Flow;

(@ Maps Designating Areas Served by:
(1) Power,

2) Telecommunications; and

(3) Water.

(r) Maps indicating the following facilities:

(1) Health;

(2) Education; and

©) Power.

(® Domestic Water Supply;
(Industrial Areas;

() Population Distribution Map;
(Ancestral Domain Map:

ww) NIPAS Areas;

() Areas Suitable for Urban Expansion;
() Watershed Areas; and

(2) Forest Lands:

wo Protection Areas;
ic) Production Areas; and
@ Restoration Areas:

(i Key Biodiversity Areas; and
(ii) Marine Protected Areas.

SEC. 70. Ground Delineation of the Country's Permanent Forest Line, ~ Pursuant to
the Constitution and as provided under this Act, the final determination and ground
delineation of the country’s permanent forest line shall be completed within one (1) year from
the effectivity of this Act: Provided, That appropriations for the fulfillment of this provision
shall be included in the annual appropriations of the DENR: Provided, further, That the
complete report on the delineation of the country’s permanent forest line shall be submitted to


50

the NLUPC for appropriate integration in the country’s strategic land use development plan
and policies.

SEC. 71. Completion and Updating of Existing Cadastral Surveys. ~The completion of
incomplete cadastral surveys of LGUs and the updating of existing surveys shall be given
Priority consideration and allocation of resources in the implementation of this Act. The
DENR shall include in its annual appropriations the completion and updating of all
incomplete and existing cadastral surveys of all LGUs in the country: Provided, That such
surveys and maps shall be integrated into the National Spatial Database Information and
Mapping System.

In cases of ancestral domains, self-delineation by ICCs/IPs of their ancestral lands shall
be employed to determine boundaries as provided for under Republic Act No. 8371

SEC. 72. Ground Delineation of Land Use. ~ For effective planning to take place at
the local level and for easy enforcement of the ZO of each city/municipality, land uses must
be identifiable both on the map and on the ground. A Joint Committee comprised of the LGU,
as represented by its C/MLUPMB, and of the national government agency concemed, to be
assisted by the C/MPDC, shall identify and delineate on the ground the land uses within their
jurisdiction. The following shall be given priority:

(a) Forest Lands:
() Protection; and
@) Production.
(>) Ancestral Domains:
(© NIPAS Areas:
(D Strict Protection Zone; and
@) Multiple Use Zone.
(d) Watershed Areas:
() Critical; and
@) Multiple Use.
(©) Network of Protected Areas for Agricultural and Agro-industrial Development
(NPAAAD);

(® Socialized Housing Sites and Settlement Expansion Areas;
(@) Extents of Environmentally Constrained Areas;
(h) Easement Areas;
(Critical coastal areas:
(1) Mangroves; and
(2) Sea grass.


51

Critical marine resources shall also be delineated both on the map and in the waters.
Perimeters of critical offshore areas, such as coral reefs, shall be marked in accordance with
the coastal resource management plans concemed

All maps shall be updated as new important information and data become available or
as determined by urgent need. Updating of maps shall be undertaken not more often than
every ten (10) years

SEC. 73. National Geo-hazard Mapping Program. - Within thirty (30) days from the
effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated jointly
through the NLUPC by the PHIVOLCS, the Philippine Atmospheric Geophysical and
Astronomical Services Administration (PAGASA), the NAMRIA, the MGB, and the DOE, in
coordination with the NDRRMC, the Regional Disaster Risk Reduction and Management
Councils, and other concemed government agencies. The program shall include the
generation of indicative geo-hazard zoning maps that will outline areas in the Philippines
which are prone to liquefaction, landslides, flooding, lahar, ground rupturing, tsunami, river
erosion, coastal erosion, sinkhole collapse, earthquake, lava flow, pyroclastic flow, base
surge, and other natural hazards.

For purposes of uniformity and standardization and in order to develop a safe-built
environment, the LGUs shall subsequently incorporate and integrate the generated geo-
hazard zoning maps into their respective CLUPs and ZOs. Said geo-hazard maps shall serve
as guide for all the LGUs in the preparation of their own hazards-constrained development
plans. The NPFP shall incorporate these geo-hazard maps.

Al entities conducting infrastructure activities including real estate and subdivision
projects and the development of tourist spots requiring an ECC shall submit an Engineering
Geological and Geo-hazard Assessment Report (EGGAR).

SEC. 74. Scope and Nature of Responsibilities of Other National Government Agencies
~ All concerned national government agencies/bodies shall periodically report to the NLUPC
on the various activities and accomplishments on land use. Likewise, they shall provide their
respective sectoral/development plans and provide technical and administrative support if
called upon by the NLUPC for the implementation of the provisions of this Act.

SEC. 75. Submission of Annual Report on the Implementation of CLUPs and ZOs. ~
‘The local land use boards shall submit their annual report on the implementation of their land
use plans to their respective Sanggunian which shall submit the same to the RLUPCs for
consolidation. The RLUPC shall thereafter transmit the consolidated reports to the NLUPC

for monitoring and evaluation.


52

CHAPTER IX TRAINING, EDUCATION AND VALUES FORMATION

SEC. 76. Values Formation, ~ In order to develop a well-informed, responsible and
committed citizenry who value the protection, conservation and development of the country’s
limited land, and other physical resources, the State shall mandate the inclusion of sustainable
land use education or any subject related thereto in the curricula of primary, secondary and

tertiary education.

SEC. 77. Information Education Campaign and Capacity-Building. ~ The NLUPC
shall undertake a nationwide information/education campaign on land use and physical
planning to be implemented by local and national government agencies. The DILG and
concemed agencies shall formulate and implement a land use management capability
building program for national and local government officials, community leaders,
representatives of NGOs, POs, the religious sector, and the general public.

CHAPTER X INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE ONE. INCENTIVES AND AWARDS,

SEC. 78. Formulation of a System of Incentives and Awards. ~ The NLUPC shall
come up with a system of incentives and awards to LGUs that regularly update their
CLUPS/ZOs once every eight (8) years.

SEC. 79. Priority in Giving Technical Assistance to LGUs. ~ In providing technical
assistance and other forms of support related to land use management and implementation of
development plans, national government agencies shall give priority to cities and
municipalities with approved CLUPs and ZOs.

ARTICLE TWO. SANCTIONS AND PENALTIES

SEC. 80. Fine for Failure to Commence or Complete the Development of Agricultural
Lands With Approved Conversion Order. ~ For agricultural lands with approved conversion
orders, the provisions of Republic Act No, 6657 (CARL), as amended by Republic Act No
9700, shall apply. A landowner and/or the designated developer or duly authorized
representative who fail to commence and/or complete the development plan defined in the
conversion order shall be jointly and severally penalized. The following fines based on the
zonal value or the fair market value of the land, whichever is higher, at the time the fine shall
be imposed:


53

(a) Failure to commence within three (3) years from the date of the conversion order:
(1) Three percent (3%) for the first three (3) hectares;
(2) Ten percent (10%) for the next three (3) hectares, and
(3) Fifteen percent (15%) for the remaining area

In such case, the order of conversion shall be revoked by operation of law. The land
shall revert to its original use as agricultural land and may be covered by the DAR through
compulsory acquisition for distribution to qualified beneficiaries.

(b) Failure to complete sixty percent (60%) of the approved conversion plan within a
specified time frame shall result to the automatic revocation by the DAR of the conversion
plan on the undeveloped portion. The land shall be reverted to its original use as agricultural
land and may be covered under the CARP for land distribution

SEC. 81. Persons Abetting Illegal Conversion. ~ Any person initiating, causing,
inducing, or abetting illegal conversion with intent shall be punished with imprisonment or a
fine in accordance with Act No. 3815 or Republic Act No. 3019, or both, at the discretion of
the court.

If the offender is a public official or employee, whether elected or appointed, the
penalty shall also include dismissal from service, forfeiture of all benefits and entitlements
accruing to the public position, and perpetual disqualification to run or apply for any elective
or appointive public office.

If the offender is a juridical person, the penalty of imprisonment shall be imposed on
the president, chief executive officer, manager, chairperson and all the members of the Board,
and other responsible officers thereof. The imposable fine shall be equivalent to the zonal
value of the land or forty percent (40%) of the shareholders’ equity, whichever is higher.
Furthermore, the land shall be forfeited in favor of the State and sold through public auction.
‘The proceeds of the sale shall automatically accrue to the Agrarian Reform Fund,

SEC. 82. Penalty for Reclassification of Protected Agricultural Lands and Exceeding
the Limit of Areas Allowed for Reclassification. — Any person initiating, causing, inducing,
or abetting the reclassification to nonagricultural uses of protected agricultural areas as
defined in Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a


54

fine of not less than one hundred thousand pesos (P100,000.00), or both, at the discretion of
the court.

If the offender is a public official or employee, whether elected or appointed, the
penalty shall also include dismissal from service, forfeiture of entitlements accruing to the
public position, and perpetual disqualification to run or apply for any elective or appointive
public position.

If the offender is a juridical person, the penalty shall be imposed on the president,
chief executive officer, manager, chairperson and all the members of the Board, and other
responsible officers thereof,

The same penalty shall be applicable to persons who will be responsible for exceeding
the limits set forth under Section 20 of the Local Government Code pertaining to
reclassification of lands.

SEC. 83. Payment of Disturbance Compensation. ~ Following the order of priority
stated in Section 22 of Republic Act No. 6657, as amended by Republic Act No. 9700,
agricultural lessees and share tenants, regular farmworkers, seasonal farmworkers, other
farmworkers, actual tillers or occupants of public lands, collective, or cooperative of the
above beneficiaries, and others directly working on the land affected by agricultural land use
conversion, shall be entitled to the payment of disturbance compensation equivalent to five
(5) times the average of the gross harvests on the landholding during the preceding five (5)
calendar years or a certain percentage of the converted land, whichever is higher, as
determined by the DAR.

SEC. 84. Authority to Impose Fine. ~ The DAR shall have the authority to impose the
fines provided under Sections 80, 81, 82 and 83 of this Act.

SEC. 85. Withdrawal of Local Development Permits and or Licenses. ~ Upon receipt of
notice from the DAR, the concemed agencies, cities or municipalities shall withdraw and/or
revoke any development permit and/or other licenses that may be necessary to develop the

agricultural land subject of conversion


55

SEC. 86. Urilization of Fines. ~ The fines collected under Section 84 hereof shall
automatically accrue to the Agrarian Reform Fund consistent with the provision of the

Comprehensive Agrarian Reform Law.

SEC. 87. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning
Ordinances (ZOs). ~ Consistent with due process, the NLUPC, in coordination with the
DILG, shall evaluate, review, and recommend the filing of charges against local chief
executives and other local officials and employees responsible for the __ formulation,
implementation and/or enforcement of the CLUPs for the following acts:

(@) Failure of the CLUPs/ZOs to conform to the guidelines provided in the NPFP:

() Failure to complete the preparation of the CLUP despite the availability of
funds, resources, and support by the Sanggunian concemed;

(© Failure to provide appropriate budgetary allocation to effect its
implementation; and
(@ Failure to implement and enforce the CLUP/ZO due to negligence of duty.

Any public official or employee, whether elected, appointed or holding
office/employment in a casual, temporary, holdover, permanent, or regular capacity, found to
be responsible for any of the foregoing acts, shall be punished with forfeiture of salaries and

allowances, and suspension from:

a Three (3) to six (6) months, in case of noncompletion of the CLUP; or
o) Three (3) to six (6) months, in case of nonconformity with the NPFP; or
@) ‘Six (6) to nine (9) months, in case of nonimplementation of the CLUP.

Failure to comply with the provisions of Republic Act No. 8371 on the formulation of
CLUP shall be penalized according to Section 72 of Republic Act No. 8371.

SEC. 88. /llegal Conversion of City or Municipal Parks, Communal Forests, and Tree
Parks in Subdivisions. ~ Penalties in the amount of one hundred thousand pesos
(100,000.00) to five hundred thousand pesos (P500,000.00), or imprisonment of six (6)
years and one (1) day to twelve (12) years, or both, at the discretion of the court, shall be
imposed for each of the following offenses:


56

(® Illegally converting or causing the conversion of a city/municipal park,
communal forest, or tree parks within subdivisions established pursuant to Presidential
Decree No. 953, requiring the planting of trees in certain places, into other uses including the
construction of permanent buildings;

() Destroying or causing damage to the timberlands and other forest products
found in the abovementioned forest and parks;

(© Setting the abovementioned forest and parks on fire, or negligently permitting
a fire to be set therein; and

(@ Assisting, aiding or abetting another person to commit the offenses stated in
this section.

The offender shall likewise be imposed a fine equivalent to eight (8) times the
commercial value of the forest products destroyed without prejudice to payment of the full
cost of rehabilitation of the areas as determined by the DENR.

‘The maximum penalty prescribed shall be imposed upon the offender who repeats the
same offense, and double the maximum penalty upon the offender who commits the same

offense for the third time or more.

All improvements made therein, as well as all vehicles, domestic animals, and
equipment of any kind used in the commission of the offense shall be forfeited in favor of the

government.

If not suitable for use by the DENR, said improvements, vehicles, domestic animals and
equipment shall be sold at public auction, the proceeds from which shall accrue to the Forest
Conservation and Development Fund (FCDF).

CHAPTER XI TRANSITORY AND FINAL PROVISIONS
SEC. 89. Mandatory Review Every Ten (10) Years. ~ The Congress shall undertake a
mandatory review of this Act at least once every ten (10) years from its effectivity or as often
as it may be deemed necessary to ensure that land use policies and guidelines remain
responsive to changing circumstances.

For this purpose, the Congress may call upon the NLUPC to undertake the necessary
researches and consultations.


7

SEC. 90. Convening of the NLUPC. ~ Within thirty (30) days from the effectivity of
this Act, the Chairperson shall convene the NLUPC and the Head of the NLUPC Secretariat
shall immediately assume office.

SEC. 91. Implementing Rules and Regulations. — Within ninety (90) days from the
effectivity of this Act, the NLUPC shall promulgate its implementing rules and regulations
(IRR) including the rules on the selection of the members of the C/MLUPMB and the
PLUPMB. It shall take effect fifteen (15) days after its complete publication in the Official

Gazette or in at least two (2) newspapers of national circulation.

SEC. 92. Transfer of Powers and Functions. ~ The functions of the HLURB on land use
planning as provided for under Sections Sa, 5b, Sc, Sd, Se, and Sf of Executive Order No.
648, Series of 1991; and Executive Order No. 72, Series of 1993, shall be immediately
transferred to the NLUPC and its appropriate subnational LGU structures, except as provided
in Section 55 hereof. Nothing in this Act shall be construed to transfer or limit functions
embraced within the said provisions that pertain to or relate to HLURB non-planning
functions.

SEC. 93. Review of Existing Land Use Plans. ~ Provinces, cities, and municipalities
with existing land use plans shall review, revise, reconcile, and harmonize the same with the
guidelines and standards issued by the NLUPC within one (1) year from the effectivity of this
Act.

SEC. 94. Access 10 Information. ~ Access to records and documents pertaining to
official acts, transactions, or decisions as well as to data used as basis for policy development
by the NLUPC shall be made available to the public.

SEC. 95. Appropriations. ~ The amount needed for the initial implementation of this
Act shall be charged against the current year’s appropriations of the NEDA Board-National
Land Use Committee (NB-NLUC). Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations
Act.

SEC. 96. Congressional Oversight Committee on the Land Use Act.— A Congressional
Oversight Committee on the Land Use Act shall be created. It shall be composed of seven (7)
members from the Senate and seven (7) members from the House of Representatives. The
Members from the Senate shall be appointed by the Senate President based on proportional
representation of the parties or coalitions therein, with at least two (2) Senators representing


58

the minority. The Members from the House of Representatives shall be appointed by the
Speaker of the House of Representatives, also based on proportional representation of the
parties or coalitions therein, with at least two (2) Members representing the minority.

‘The Oversight Committee shall function for a period of not more than three (3) years to
oversee the implementation of this Act. The secretariat of the Oversight Committee shall be
drawn from the existing secretariat personnel of the committees comprising the oversight.

SEC. 97. Non-impairment Clause. - Nothing in this Act shall be construed as to
diminish or, impair rights recognized, granted, or available to marginalized or the basic
sectors under existing laws including, but not limited to, Republic Acts Numbered 7279 and
6657, as amended by Republic Acts Numbered 7942, 8371, 8550 and 9700.

SEC. 98. Repealing Clause. ~ Section 10 of Republic Act No. 8435 and Sections 447
(a2vii) and 458 (a2viii) of Republic Act No. 7160 and related laws and administrative
issuances are hereby modified by Section 13 hereof. The pertinent provisions of Executive
Order No. 648; Executive Order No. 72, Series of 1993; and Executive Order No. 770, Series
of 2008, amending Letter of Instruction (LOI) No. 1350, are also modified accordingly.
Section 11 of Republic Act No. 8435 as to the penalty for agricultural inactivity and
premature conversion is also modified by Section 83 hereof.

LOI No. 1350, Series of 1983; Presidential Proclamation No, 2282, Series of 1983; and
all other general and special laws, acts, decrees, executive orders, proclamations and
administrative regulations, or any part thereof which are inconsistent with this Act are

hereby repealed or modified accordingly.

All republic acts, executive orders, rules and regulations, and other issuances or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

SEC. 99. Separability Clause. ~ If, for any reason, any section or provision of this Act
is declared unconstitutional or invalid, the other sections or provisions not affected thereby
shall remain in full force and effect


SEC. 100. Effectivity. — This Act shall take effect fifteen (15) days 2 after its publication

in the Official Gazette or in at least two (2) national 3 newspapers of general circulation.

Approved,