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

TWENTIETH CONGRESS
First Regular Session

House Bill No. 4084

Introduced by Representative LORENZ R. DEFENSOR

EXPLANATORY NOTE

Land is a finite and invaluable resource that must be managed equitably and
sustainably for present and future generations of Filipinos. The Philippines has
over 30 million hectares of land that can be shared by a population exceeding
110 million, yet not all Filipinos enjoy secure access to or ownership of land.
This imbalance that is made worse by overlapping sectoral policies
contributes to inefficient land allocation, environmental degradation, and
rising inequality. At present, forestlands fall under the jurisdiction of the
Department of Environment and Natural Resources, while alienable and
disposable lands are managed by the Land Management Bureau, reflecting a
fragmented system of governance that urgently calls for a unified, rational
framework for national land use planning. !

The proposed National Land Use Actseeks to establish such a framework by
institutionalizing a holistic, just, and science-based system for the sustainable
management of land and water resources. It rests on the principles of
environmental integrity and social justice, while recognizing the social
function of land. The measure also emphasizes accountability among
landowners to develop and conserve their lands responsibly, while empowering
local government units (LGUs) to exercise stronger stewardship over their
respective jurisdictions in partnership with national agencies.

The passage of this Act is both a strategic and moral imperative. By
establishing a comprehensive land use policy, the State can prevent further
environmental degradation, ensure food security, protect vulnerable

4 Navarro, Adoracion (December 2023), The Need for a National Land Use Act in the Philippines, Philippine
Institute for Development Studies (PIDs). Available at
hups.//pidswebs pids gov phiCDNidocumenvpidsdps2340.paf.


communities from displacement and disasters, and balance urban, rural,
agricultural, and ecological development. It institutionalizes inclusivity,
accountability, and sustainability in land management, while affirming the
constitutional mandate to promote equitable access to natural resources for
the common good. The National Land Use Act, therefore, is notanly a policy

for generations to come.

3rd District, Prqvince of Iloilo


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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. __4084

Introduced by Representative LORENZ R. DEFENSOR

AN ACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
IMPLEMENTING MECHANISMS, CREATING FOR THE PURPOSE
THE NATIONAL LAND USE COMMISSION, AND APPROPRIATING
FUNDS THEREFOR

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

CHAPTER I
INTRODUCTORY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “National
Land Use Act”.
SEC. 2. Declaration of Principles and Policies. — All lands of the public

domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated.

Pursuant to the constitutional provision or mandate, it is the policy of the

State to provide for a rational, holistic, and just allocation, utilization,


management, and development of the country’s land to ensure their optimum
use to promote sustainable socioeconomic development and ecological
protection.

The State recognizes the need for rational, optimal and sustainable
settlements development, consistent with the principles of environmental
management and equitable access to land and security.

‘Toward this end, the State institutionalizes land use and physical planning
as mechanisms for identifying, determining, and evaluating appropriate land use
and allocation patterns that promote and ensure:

(a) Sustainable management and utilization of natural resources;

(b) Maintenance and preservation of environmental integrity and
stability specifically the perpetual protection of permanent forests and
watershed and ecosystem services for the attainment of food, water and
energy sufficiency;

(c) Disaster risk-reduction and climate change resiliency;

(d) Protection of prime agricultural lands for food security in
basic commodities with emphasis on self-sufficiency in rice and corn;

(e) Water security through sustainable development and
management of water resources towards water security;

(f) Provision of adequate and efficient settlements,

transportation and infrastructure development in support of urban, peri-


urban, and rural linkages towards regional development and inclusive
growth;

(g) | Harmony between the rights and the varied interests of every
Filipino within the framework of people empowerment, decentralization,
social justice, and equity;

(h) Respect for and protection of the sustainable traditional
resource rights of the Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) to their ancestral domains to ensure their economic,
social, and cultural well-being as well as recognition of the applicability
of customary laws and sustainable traditional resource use and
management, knowledge, and practices in ancestral domains in
compliance with free and prior informed consent of ICC/IPs;

(i) Protection of the rights of basic sectors to equitable access to
the country’s land;

Gj) Protection, preservation, and development of the country’s
historical, cultural, archaeological, and built heritage resources for the
deeper understanding of our history and culture as a people;

(k) Attainment of energy security and self-sufficiency;

() A whole-of-society and whole-of-government orientation,
through which thrusts and strategies espoused by different actors and
sectors are heard and brought together to achieve complex and

interrelated goals, is encouraged and adopted as a basic parameter in


achieving efficiency in land use and allocation, within the framework of

ecological development and equity;

(m) Promotion of the integrated approach to land use and urban
transport planning to effectively manage growth in urban areas and
ensure that the capacity of transport facilities can accommodate the
demand for movement of passengers and goods to, from, and within the
centers of socioeconomic activities,

(n) Vertical and horizontal linkages or spatial strategies and the
potential for co-management and inter-locality cooperation across
territorial jurisdictions and government levels, highlighting the imperative
for a ridge-to-reef and ecosystem-based approach to land and water
resource management and governance; and

(0) Data and evidence-informed management and governance of
land and water resources, in line with the place-based aspirations and
shared values of the community.

It is also the policy of the State to ensure that local government units
(LGUs) share with the national government the responsibility of managing and
maintaining ecological balance within their territorial jurisdiction as stated in
the 1987 Constitution and Republic Act RA 7160, as amended, also known as
the “Local Government Code of 1991”. Guided by the principle that the use of
land bears a social function and that all economic agents contribute to the

common good, landowners, land tenure holders, in the case of forestlands, be it


an individual, communal, corporate or group, is held responsible for developing
and conserving their lands, thereby making their lands productive and
supportive of environmental stability.

SEC. 3. Scope. — This Act applies to all lands and natural resources in
the country, whether public, private, government-owned or in the possession of
any person, whether natural or juridical, and serves as guide for the rational,
holistic and just allocation, utilization, development and management of the
land and water resources in the country, including such activities that bear
impact on those resources.

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

(a) Agricultural land refers to land of public domain which has been
classified as such and is devoted to agricultural activity as defined under RA
6657, as amended, otherwise known as the “Comprehensive Agrarian Reform
Law of 1988,” and not further classified for residential, commercial or industrial
use and such other uses as may be provided by law;

(b) Agricultural land use conversion refers to the act or process of
changing the current physical use of a piece of agricultural land into some other
use not comprising an agricultural activity as defined under RA 6657, as
approved exclusively by the Department of Agrarian Reform (DAR) in an order

of conversion;


(c)  Alienable and Disposable (A&D) lands refer to lands of the public
domain which have been delineated, classified, and certified as open and
available for disposition under existing laws;

(d) Ancestral domains refer to all areas generally belonging to
indigenous cultural communities or indigenous peoples as defined in RA 8371,
otherwise known as “The Indigenous Peoples’ Rights Act of 1997;"

(e) Archaeological site refers to any place, whether above or
underground, underwater or at sea level, containing fossils, artifacts and other
cultural, geological, botanical, zoological materials which depict and document
culturally relevant paleontological, prehistoric or historic events;

(f) Basic sector refers to a group of people not referring to any
organized groups, such as but not limited to women, youth, elderly, differently
abled, peasants and fisherfolk;

(g) Coastal area or zone refers to a band of dry land and the adjacent
ocean space, water and submerged land, in which terrestrial processes and uses
directly affect oceanic processes and uses and vice versa, the geographic extent
of which includes 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 isobaths to include coral reefs, algal flats, seagrass

beds, and other soft-bottom areas;


(h) Comprehensive Land Use Plan (CLUP) refers to a plan embodying
a set of policies accompanied by maps and similar illustrations that serves as a
policy guide for determining the future use of lands and natural resources within
the territorial jurisdiction of the LGU, including municipal waters with due
consideration to the biogeographic region within which the locality belongs,
representing the community desired pattern of population distribution and
proposes future allocation of land and resources to various activities including
the processes and criteria employed in such determination of allocation of land
and resources for a long-term management of the local territory covering a
minimum period of twelve (12) years, reviewable not earlier than every
six (6) years;

(i) Comprehensive land use planning refers to the act of defining the
allocation, utilization, development and management of all lands and water
resources within a given territory or jurisdiction according to the inherent
characteristic and carrying capacities of the land itself and supportive of
sustainable economic, demographic, socio-cultural and environmental
objectives as an aid to decision-making and legislation:

@) Critical habitats refer to areas outside protected areas as defined in
RA 7586, otherwise known as the “National Integrated Protected Areas System
Act of 1992”, that are known habitats of threatened species and designated as

such based on scientific data taking into consideration species endemicity or


richness, presence of human-made pressures or threats to the survival of wildlife
living in the area;

(k) Critical watershed refers to a drainage area of a river system
supporting existing and proposed hydroelectric power, irrigation works or
existing water facilities needing immediate protection and rehabilitation to
minimize erosion and improve water yield;

(1) Cultural heritage refers to the totality of cultural properties,
whether natural or human made, preserved and developed through time and

passed on for posterit

(m) Cultural property refers to all products of human creativity by
which a people and a nation reveal their identity, including churches, mosques
and other places of religious worship, schools and natural history specimens and
sites, whether public or privately-owned, movable or immovable, and tangible
or intangible;

(n) Customary laws refer to a body of written or unwritten rules,
usages, customs and practices traditionally and continually recognized,
accepted, and observed by respective ICCs/IPs, consistent with RA 8371;

(0) Development plan refers to the activities and measures that the
national government or LGUs intend to implement over a specified period of
time to achieve the defined set of development goals identified in the national or
local physical framework plans integrating socio-economic, financial, fiscal,

legal and legislative institutional and sectoral plans of the national government


or any of its instrumentalities or a particular LGU, consistent with the objectives
identified in spatial plans, such as land use plans or physical framework plans
including an analysis of problems and resources, definition of goals and
objectives, policy guidelines, programs and projects, and an implementation
mechanism which defines the roles and contributions expected from the
government and the private sector;

(p) Ecologically fragile areas refer to areas within critical watersheds,
brackish and freshwater wetlands, pasture lands, inland rivers and waterways
coastal and settlement areas, and croplands which require rehabilitation,
protection and whose continued unsustainable use may 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;

(q) Ecotourism refers to a form of sustainable tourism within a natural
or cultural heritage area where community participation, protection and
management of natural resources, culture and indigenous knowledge and
practices, environmental education and ethics, as well as economic benefits are
fostered and pursued for the enrichment of host community and satisfaction of
visitors;

(0) Energy resources refer to surface or subsurface substances that
serve as energy resources including traditionally mineral fuel deposits such as

coal petroleum, natural gas or renewable resources from geothermal, hydro


reservoirs or non-conventional sources such as ocean waves, solar, wind,
biomass, and other similar resources which serve the same purpose;

(s) Energy resource lands refer to lands where naturally occurring or
indigenous energy resources exist in sufficient quantity or quality as to be
economically viable for exploration, development production, utilization and
distribution purposes;

(t) Exhausted mineral resources refer to specific sites where the
mineral resources are no longer in sufficient quantity or quality to justify
additional expenditure for extraction or utilization as determined by the Mines
and Geosciences Bureau and approved by the Department of Environment and
Natural Resources (DENR);

(u) Flood plain refers to relatively smooth valley floors adjacent to and
formed by rivers which overflow its banks at flood stages. The plain usually
consist of unconsolidated fine sediments such as sand, silt, and clay;

(v) | 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;

(w) 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

10


margin of a low tide terrace and the upper limit of wave wash at high tide
marked by a beach scarp or berm;

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

(y) Forest lands refer to one of the four classifications of land defined
in the Constitution under the public domain determined as suitable for forest
purposes and not classified as mineral land, national park or agricultural land
such as all permanent forest reserves, forest reservations, and all the remaining
unclassified lands of the public domain;

(z)  Geo-hazards refer to a geological process or phenomenon that may
cause loss of life, injury or other health impacts, property damage, loss of
livelihoods and services, social and economic disruption or environmental
damage. This includes internal earth processes such as earthquakes and
volcanic activities, and geophysical processes like mass movements landslides,
surface collapses, debris and mud flow;

(aa) Geo-hazard prone areas refer to areas frequently affected and/or
are vulnerable or at risk to weather/climatic, hydrologic, geologic and other
natural calamities;

(bb) Heritage zone refer to historical, anthropological, archaeological,

artistic geographical areas and settings that are culturally significant to the

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country, as declared by the National Commission for Culture and the Arts
(NCCA) and/or the National Historical Commission of the Philippines (NHCP);

(cc) Illegal conversion refers to an attempt to or an actual change in the
use of land from agricultural to a residential, commercial, or industrial and other
non-agricultural activity, without a conversion grant or clearance based on the
requirements under Section 65 of RA 6657, as amended, and to dispossess a
tenant as provided under Section 73 (c) of RA 6657, as amended, when
established from the following instances:

(1) an agricultural land is developed for use in non-agricultural activities

without a DAR Conversion Order;

(2) the agricultural land being converted is irrigated or irrigable;

(3) there is land activity such as, but not limited to, earth
filling/dumping, earth moving/digging, and quarrying, and in each
case, bona fide conduct of agricultural activities on a greater portion
of the land developed has ceased; and

(4) Other analogous activities.

(dd) Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPPs)
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

12


distinctive cultural traits, or who have, through resistance to political, social,
and cultural inroads of colonization, non-indigenous religions and cultures,
became historically differentiated from the majority of Filipinos including
peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country at the time of conquest or colonization,
or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own
social, economic, cultural, and political institutions, but who may have been
displaced from their traditional domains, or who may have resettled outside
their ancestral domains;

(ee) Key Biodiversity Areas (KBAs) refer to the present most important
sites for biodiversity conservation worldwide which are considered places of
international importance for the conservation of biodiversity through protected
areas and other governance mechanisms and which are identified nationally
using simple standard criteria based on their importance in maintaining species
populations;

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

(gg) Land use refers to the manner of allocation, utilization,

management and development of land;

13


(bh) 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 provided for in this
Act;

(ii) Land use planning refers to the rational and judicious approach of
allocating available land resources to different land-using activities, such as but
not limited to agricultural, residential, industrial, commercial, institutional,
forest land uses, and for different functions consistent with the overall
development vision/goal of a particular locality;

Gi) ~~ Mandatory public hearings or consultations refer to the
mechanism of involving the concerned stakeholders and communities in land
use planning, from the barangay to the national level, to ensure the social
acceptability of the plans including giving notice of hearing or consultation to
the concemed stakeholders through publication or posting in conspicuous
places, conducting a reasonable number of hearings, and soliciting positions to
arrive at a consensus through public presentations and validation of the planning
results undertaken before the final adoption of the plans;

(kk) Marine protected area refers to a defined area of the sea
established and set aside by law, administrative regulation or any other effective
means to conserve and protect a part of the entire enclosed environment,

through the establishment of management guidelines;

4


(Il) Minerals refer to naturally occurring inorganic substance beneath
or at the surface of the earth, whether or not under water, and includes all
metallic minerals; and non-metallic minerals such as precious stones, industrial
rocks, and building stones;

(mm) Mineral lands refer to any area where mineral resources are found,
including areas that are established as mineral reservations, areas with active
mining operations; areas with projected mining tenurial rights; and areas
declared by court decisions as mineral lands;

(nn) Mineral reservations refer to areas established and proclaimed as
such by the President of the Philippines upon the recommendation of the
Director of the Mines and Geosciences Bureau through the DENR Secretary
including all submerged lands within the contiguous zone and exclusive
Economic Zone.

(00) 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;

(pp) National park refers to forest reservation, essentially of natural
wilderness character, which has been withdrawn from settlement, occupancy or
any form of exploitation, except in conformity with the approved management

plan and set aside as such exclusively to conserve the area or preserve the

1s


scenery, natural and historic objects, wild animals and plants therein, and to
provide enjoyment of these features in such areas including lands and waters of
the public domain classified as such in the Constitution such as all areas under
the NIPAS primarily designated for the conservation of native plants and
animals and associated habitats and cultural diversity;

(qq) Network of Protected Areas for Agriculture and Agro-Industrial
Development (NPAAAD) refers to agricultural areas identified by the
Department of Agriculture (DA), through the Bureau of Soils and Water
Management 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, covering 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 with
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 may result in serious environmental
degradation, and all mangrove areas and fish sanctuaries;

(m) Physical framework plans refer to the national, regional or

provincial indicative plans that outline the over-all and macro-level spatial and

16


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 or boards respectively based on the
CLUPs of the LGUs and the national policy guidelines relating to land use,
infrastructure development and environmental management to prevent or
mitigate the adverse effects of inappropriate resource utilization on food
security, the welfare of the people and their environment;

(ss) Physical Planning is the process of organizing physical activities
and land uses, including settlements, environmental protection, economic
activities, and infrastructure to ensure sustainable, orderly, and optimal siting
and coordination of land uses;

(tt) Prime agricultural lands refer to all contiguous irrigated
lands/areas and irrigable lands already covered by irrigation projects, including
all alluvial plain lands highly suitable for agriculture, not irrigated that have
been identified to satisfy the need for food self-sufficiency and food security
and agro-industrial croplands or lands presently planted to industrial and high
value crops that support the viability of existing agricultural infrastructure and
agro-based enterprises, highlands or areas located at an elevation of five
hundred (500) meters or above, highly suitable for growing semi-temperate and
high value crops outside of declared permanent forestlands and protections
forests, and are not located in ecologically fragile and environmentally

critical areas;

17


(uu) 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;

(vv) Protected areas refer to portions of land and water set aside by
reason of their unique physical and biological diversity and protected against
human exploitation including all natural forests and agricultural lands identified
and delineated under this Act;

(ww) Reclassification of agricultural lands refer to the act of specifying
how agricultural lands are classified or used for non-agricultural uses such as
residential, industrial or commercial purposes, as embodied in the land use plan
subject to the requirements and procedure for reclassification undertaken by the
LGU in accordance with Section 20 of RA 7160, as amended;

(xx) Resettlement areas refer to areas identified by the appropriate
national agency or by the LGU with respect to areas within its jurisdiction
which are used for the relocation of the underprivileged and homeless, as
defined under RA 7279, otherwise known as the “Urban Development and
Housing Act of 1992;”

(yy) Strategic Agriculture and Fisheries Development Zones (SAFDZ)
refers to the areas within the NPAAAD identified for production, agro-
processing, and marketing activities to help develop and modernize, with the

support of government, the agriculture and fisheries sectors in an

18


environmentally and socio-culturally sound manner pursuant to Section 4 of RA
8435 or “Agriculture and Fisheries Modernization Act of 1997”;

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

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

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

(cee) State universities and colleges (SUCs) refer to public higher
education institutions in the Philippines created and established by law which
constitutes their charter and which have independent and separate governing
boards;

(ddd) SUC Land Use Plan refers to a campus master plan mandated
under RA 11396, otherwise known as the “SUCs Land Use Development and
Infrastructure Plan Act” that contains the allocation and utilization of the land
within a campus’ geographic boundary to meet the required academic and non-
academic support services and facilities as well as the campus development

programs and projects and the investment needed to implement them;

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(eee) 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;

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

(ggg) Tourism ecozone refers to tourism development areas, outside of
protection lands which have been granted special economic zone status through
the Philippine Export Zone Authority registration and issuance of the required
Presidential Proclamation, with its metes and bounds, delineated by said
proclamation, pursuant to RA 7916, as amended, otherwise known as “The
Special Economic Zone Act of 1995”;

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

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

(ii) Tourist zone refers to a geographic area with well-defined
boundaries proclaimed as such by the President of the Philippines or by acts of
Congress where development projects for any purpose are initiated and
introduced prior to formulation of a tourism master development plan which are
undertaken in coordination with the Department of Tourism (DOT) and the
Tourism Infrastructure Enterprise Zone (TIEZA) for the enhancement or the
conservation of cultural and historical heritage, and for the appreciation and
enjoyment of the local population and its visitors;

(kkk) Transmission line corridor refers to the land beneath, the air spaces
surrounding, and the area traversed by electric power transmission lines
including its horizontal, vertical, and similar clearance requirements;

(Ill) 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;

(mmm) Urbanizable areas refer to sites and lands which,
considering present characteristics and prevailing conditions, display great

potential of becoming urban areas within a period of five (5) years;

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

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

(ppp) 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;

(qqq) 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;

(mr) 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 or municipality and specifying the conditions for their regulation, subject
to the limitations imposed by law and competent authority; and

(sss) Zoning ordinance refers to a local law passed by the Sangguniang

Bayan or Panlungsod approving the development control or zoning plan in

22


accordance with an approved or adopted CLUP of the city or municipality,
providing for the regulations and other conditions on the land uses, including
the limitation on the infrastructure that may be placed within the territorial
jurisdiction of the city or municipality, incorporating the protected areas,
protected agricultural lands and ancestral lands as provided for in this Act.
CHAPTER IT
PHYSICAL FRAMEWORK AND LAND USE PLAN

SEC. 5. National Physical Framework Plan. — The National Land Use
Commission (NLUC) created under Section 18 herein shall draft the National
Physical Framework Plan (NPFP), which shall have a timeframe of thirty (30)
years, with regular review and updating every ten (10) years. The NPFP, which
guides the planning and management of the country's land and other physical
resources at the national and sub-national levels, shall indicate broad spatial
directions and policy guidelines on settlements development, production land
use, protection land use, social services and utilities, transmission line corridor,
and transportation and communication.

The Regional Physical Framework Plans (RPFPs), Provincial Physical
Framework and Development Plans (PPFDPs), and CLUPs shall cover the
physical development of their respective territories and shall be consistent with
the NPFP: Provided, That the integration and harmonization of the physical
framework plans at all levels shall be iterative to ensure that the concerns of

both top and bottom levels of government are considered. The physical and land

23


use plans prepared at all levels shall have internal consistency specifically on,
but not limited to, the development, management and conservation of
forestlands, watersheds, and all terrestrial, aquatic, and marine ecosystems
found within a given territory and the linkages of the major land use categories
to ensure their complementation in the utilization, development, management,
protection and conservation of all natural - resources. The NLUC shall issue
procedural guidelines which shall guide the formulation and integration or
harmonization of land use plans at all levels: Provided, That the National
Economic Development Authority (NEDA), DENR, Department of Human
Settlements and Urban Development (DHSUD), Department of the Interior and
Local Government (DILG) and other agencies will continue to issue specific
guidelines on the planning process and content of the plans consistent with the
NLUC guidelines and their respective agency mandates.

SEC. 6. Regional Physical Framework Plans. — \n consultation with
concemed sectors, the Regional Land Use Policy Council (RLUPC) shall define
the desired spatial arrangement of land and - land-use activities in the entire
region, based on the consolidated and harmonized PPFDPs of provinces and
independent cities within the territorial jurisdiction of the region. The RPFP,
which depicts an end-state scenario toward which efforts and activities are
directed, shall consist of spatially-based and area-focused policies, consistent
with those in the national framework for physical planning, to guide detailed

physical, socio-economic, sectoral and investment planning. The RPFP shall

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have a planning period of twelve (12) years to be updated every six (6) years or
when deemed necessary.

SEC. 7. Provincial Physical Framework and Development Plans. — In
consultation with concerned sectors, the Provincial Planning and Development
Office (PPDO) shall prepare a Provincial Physical Framework and
Development Plans (PPFDP), which shall define the province's development
vision, economic and social development policies, environmental and ecological
protection policies, general land uses, and inter-city/municipal transportation
system. The PPFDP shall integrate and harmonize the land use plans of
component cities and municipalities using the ridge-to-reef (R2R) or watershed
ecosystem management (WEM) approach taking into consideration shared
watersheds, ecosystems and natural resources and planning concerns, and define
the uses of land and other resources within the province consistent with the
policies in the regional physical framework plan. The programs, projects and
activities prescribed in the PPFDP shall be integrated into the provincial
development investment program. The PPDO shall submit the PPFDP to the
Provincial Land Use Policy Council (PLUPC), created under Section 24 of this
Act, for review and endorsement to the Sangguniang Panlalawigan, which shall
adopt the same pursuant to Section 468 (2) (vii) of RA 7160. The PPFDP shall
have a planning period of twelve (12) years to be updated every six (6) years or

when deemed necessary.

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SEC. 8. City/Municipal Land Use Plans. — The City/Municipal Planning
and Development Office (C/MPDO) shall prepare the comprehensive land use
plan (CLUP) to determine the specific uses of land and other physical resources
therein including areas co-managed with the national government and, as
appropriate, the ancestral domain areas. This shall be done in consultation with
concerned sectors through mandatory conduct of public hearings and with the
use of technology-based systems such as, but not limited to, the Community-
Based Monitoring System (CBMS) required to be established in every city and
municipality under RA 11315 or the “Community-Based Monitoring System
Act”. The CLUP shall be consistent with the R2R/WEM-based PPFDP and
shall define the city or municipal development vision, appropriate economic,
environmental and social development policies, densities and transportation
system using the R2R/WEM approach. The CLUP shall have a planning period
of twelve (12) years to be updated every six (6) years or when deemed
necessary. The C/MPDO shall also use, among others, the CBMS in the
updating of the CLUPs.

The R2R/WEM-based CLUP will be used as the common reference
framework for the preparation of all sectoral development plans that will form
part of the Comprehensive Land Use and Development Plan which merges the
traditionally separate CLUP and comprehensive development plan to address
the disconnect between spatial development and sectoral programs and to

ensure the complementation between the medium- and long-term concerns and

26


shall be the basis of the formulation of the local development investment
program. The CLUP shall be translated into a zoning ordinance by the
concemed Sanggunian to regulate the uses of land, including the limitations on
height, density and bulk of buildings and other infrastructure that may be placed
thereon.

SEC. 9. Physical Framework and Land Use Planning Process. — The
land use and physical planning process shall be formulated following a
combined bottom-up and top-down approach. The NLUC, in consultation with
the concerned sectors through the mandatory conduct of public hearings, shall
formulate, periodically update and ensure the implementation of the NPFP that
shall prescribe and influence the country’s land use and physical development.
The NPFP shall operationalize the policies provided in this Act and shall be the
basis for adopting land use and physical planning-related guidelines and
standards, including zoning and other land use control standards that shall guide
the formulation of city/municipal zoning ordinances. The policies prescribed in
the NPFP shall be integrated into the Medium-Term Philippine Development
Plan and Medium-Term Philippine Investment Program.

In the formulation of the respective National, Regional Provincial or
City/Municipal Land Use Plans, the respective SUC Land Use Plans approved
by the CHED prior to the approval of this Act shall be taken into consideration
in the approval of the plans. As such, the President of the SUCs shall be

consulted prior to the approval of the said plans.

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SEC. 10. Land Use Plans for Ancestral Domains. — Land use plans
for ancestral domains shall be formulated by the ICCs/IPs themselves in
accordance with their needs and traditional resource and management systems
with the assistance of the NCIP, the LGUs and civil society organizations
(CSOs) concerned. Such plans shall be recognized and adopted in the
City/Municipal, Provincial, Regional and National Physical Framework Plans.

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

In cases where there are no ancestral domains sustainable development
and protection plans (ADSDPPs), the LGUs and ICCs/IPs shall jointly
formulate the land use within the ancestral domains until such time that the
ICCS/IPS shall have formulated their ADSDPPs.

SEC. 11. Revision of Existing Planning Guidelines. — The existing
planning guidelines on the NPFP, RPFP and PPFDP shall be reviewed and
revised pursuant to Sections 5, 6, 7, and 9 of this Act.

CHAPTER III
FRAMEWORK FOR LAND USE PLANNING

SEC. 12. Basic Objective of Land Use or Physical Framework

Planning. — The primary objective of a physical framework plan is to describe

existing land uses and to identify an integrated physical framework, including

28


an overall vision, policies on social and economic development and
environmental protection and supporting transportation and other infrastructure
facilities, that shall define future development. Its output includes the
identification of programs, projects and activities needed to achieve the desired
development, without compromising environmental and ecological stability,
and which shall serve as inputs to the investment program. In the case of the
CLUP, it is also intended to provide specific development and building
guidelines and parameters that be implemented through a zoning ordinance.
SEC. 13. Priorities in Land Use Allocation and Planning. — Using the
R2R/WEM approach in projecting spatial allocation for different land uses, the
LGUs shall first exclude areas under protection land use in Section 17 (a)
hereof, national parks, energy resource lands, and prime agricultural lands to
ensure ecological integrity, energy supply, and promote food security. Areas
with prior rights and those with site-specific resources for basic services, such
as but not limited to, water and indigenous energy resources, shall also be
excluded, All land use activities inside the excluded areas that are not consistent
with the general purposes of the excluded areas shall be assessed, regulated,
and/or modified to ensure that these activities do not compromise the general
purposes of the excluded areas. Spatial allocation and planning shall then
proceed in accordance with Sections 16 and 17 hereof with priorities given to
integrated watershed management areas, socialized housing sites, fisherfolk

settlement in coastal areas, and waste disposal sites.

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SEC. 14. Approach to Land Use and Physical Framework Planning. —
The R2R/WEM approach shall be used in land use and physical framework
planning to promote a holistic, integrated, equitable and inclusive development,
and a flourishing environment, watersheds and ecosystems. It shall include a
description of existing land uses and land use trends, as well as the physical,
demographic, economic, social, political, environmental, and ecological
conditions that have shaped and are likely to shape future land use and physical
developments. It shall then derive a land use plan or physical framework by
matching, reconciling or integrating the demand for land with the supply of land
in a holistic manner to optimize socioeconomic development and minimize the
total impacts of the land use plan on watersheds and ecosystems. The resulting
land use plan or physical framework shall be the basis for identifying necessary
policies, programs, projects and activities, and development controls to guide
future development. The land use plan or physical framework shall be holistic
in nature and not emanate from specific individual or corporation which, in
essence, constitutes as spot zoning.

SEC. 15. Adoption of Multiple Uses of Land Resources. — The primary
and alternative uses of a specific unit of land resource based on its capability to
support certain uses sustainably shall be determined and evaluated 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, forestry, agro-forestry and extraction activities and other

30


income-generating or livelihood activities may be allowed by concerned
agencies: Provided, That multiple uses of land resources shall be excluded in
areas identified as protection land use: Provided, further, That such land uses
shall maximize the socioeconomic benefits without compromising the desired
levels of ecosystem services within a ridge to reef unit: Provided, finally, That
such land uses shall be in accordance with priorities in land use allocation and
planning and that no reclassification shall be allowed.

SEC. 16. Basic Land Use Planning Considerations. — In determining the
various land uses, the people and their productive activities and the need for
functional open spaces and preservation areas as well as the various
interrelationships of the physical characteristics of the land and other elements
therein shall be considered, among others, including the following:

(a) Availability of natural resources including indigenous
energy resources for energy security and self-sufficiency;
(b) Geology, geomorphology, current and emerging

geologic climate-related hazards and risks, soil, vegetative cover,

demography and slope;
(c) Economic, environmental, cultural, social and related
development activities;
(d) Existing government policies on land and natural

resources allocation, utilization, management and disposition;

(e) Technological changes or advancement;

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(Existing customary rights for the protection of indigenous
peoples and vulnerable groups including women, rural and urban
poor;

(g) Desired levels of ecosystem services like water quality
and quantity, soil stability, biodiversity, agricultural and fishery
productivity, among others; and

(h) Inventory of prior and existing rights, to harmonize
determination of land use.

SEC. 17. Categories of Land Uses for Planning Purposes. - In
determining and defining the national, regional and provincial framework plans,
and CLUPs, land uses shall be grouped into four major functional uses as
follows:

(a) Protection land use which include the use of land primarily
for food, water and energy security, rehabilitation, conservation, and
protection purposes to promote the country’s ecological and life-support
systems. Planning for protection land use intends to achieve food self-
sufficiency in rice and corn, water and energy security, environmental
stability and ecological integrity, ensure a balance between resource use
and the preservation of some areas with environmental, aesthetic,
educational, cultural, heritage and historical significance, and protect
people and human- made structures from the ill-effects of natural hazards.

All lands, either public or private, under protection land use shall be

32


permanently conserved, preserved, rehabilitated and protected from all
other land uses, disposition, intrusion, utilization and development that is
not consistent with its existing uses. Areas under this category also
include those covered by RA 7586, as amended by RA 11038 or the
“Extended National Integrated Protected Areas Act of 2018”, and other
coastal and marine protected areas, those areas outside NIPAS but
nonetheless require protection because of their outstanding physical and
aesthetic features, anthropological significance, and biological diversity,
and those areas prone to natural hazards, such as but not limited to the
following:

(dd) Natural forests and mossy areas with more than 50% in slope
gradient;

(2) Mangrove and fish sanctuaries, pursuant to RA 8435, and
RA 8550, or “The Philippine Fisheries Code of 1998”;

(3) Buffer zones or strips/easements, pursuant to Presidential
Decree (PD) 389, otherwise known as the “Forestry Reform Code of the
Philippines”, as amended by PD 705, or the “Revised Forestry Reform
Code of the Philippines” and PD 1067, or the “Water Code of the
Philippines”;

(4) Salvage zones along foreshore areas, freshwater swamps and
marshes, plazas, archaeological, and heritage or historic sites, pursuant to

Presidential Proclamation No. (PP) 2146, series of 1981 entitled

33


“Proclaiming Certain Areas and Types of Projects Environmentally
Critical and within the Scope of Environmental Impact Statement System
Established under Presidential Decree No. 1586”;

(5) Watersheds supporting bulk or domestic water supply;

(6) Utility easement like power lines of electric power
generators, transmission and distributors, oil and gas facilities, cell sites,
and bulk/domestic water lines;

(7) Amenity areas or those with high aesthetic values, pursuant
to PP 2146;

(8) Natural and human-made areas/sites of cultural, historical
and anthropological significance, which are declared as such by
internationally recognized organizations and concerned national agencies;

(9) Critical habitats as provided in RA 9147, otherwise known
as the “Wildlife Resources Conservation and Protection Act”;

(10) — Significant caves under RA 9072, otherwise known as the
“National Caves and Cave Resources Management and Protection Act”,
or

(11) Key biodiversity areas under Executive Order No. 578,
series of 2006, entitled “Establishing the National Policy on Biodiversity,
Prescribing its Implementation Throughout the Country, Particularly in
the Sulu Sulawesi Marine Ecosystem and the Verde Island Passage

Marine Corridor”.

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Existing property and private rights shall be recognized and respected on
the condition that these rights are harmonized with the intent of the identified
protected land use.

(b) Production Land Use wherein there is a direct and indirect
utilization of land resources for crop, fishery, livestock and poultry
production, forestry, agroforestry, mining, industry, energy development,
indigenous energy exploration and development, and tourism. Planning
for production land determines the most efficient, sustainable, and
equitable manner of utilizing, developing and managing land for
productive purposes. Areas included in this category are agricultural
lands, fishing grounds, coastal and marine zones, production forest,
which can be made available for timber and agroforestry production,
rangelands for grazing, forest lands for special uses including for energy
and reforestation projects, mineral lands or mining areas and reservations,
energy resource lands, industrial development areas, and tourism
development areas where productive activities may be undertaken to meet
the country's requirements for food security, economic growth and
development.

(c) Settlements development wherein any improvement on
existing settlements in urban and rural areas or any proposed
development of certain areas for settlement purposes involves the spatial

distribution of population, identification of the roles and functions of key

35


urban centers, determination of relationships among settlement areas, and
the provision of basic services and facilities 10 such settlement. The
settlements development plan ensures for the present and future
generation the following: (1) 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; (2) access of the population to housing,

education, health care, recreation, transportation and communication,

sanitation, and basic util such as water, power, waste disposal, and
other services; and (3) security against risks associated with climate
change and other natural hazards.

(d) Infrastructure development includes the availability or

supply of basic services and fostering of 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 covers sub-sectors of
transportation, communications, energy, water resources, and social
infrastructure: Provided, That the determination of functional uses of
lands within ancestral domains shall consider traditional resource and

management systems that do not endanger the lives of the people and

property of the local community and neighboring areas or increase the

36


vulnerability of the natural environment to the effects of natural and
human-induced geological processes.
CHAPTER IV
IMPLEMENTING STRUCTURE AND MECHANISM

SEC. 18. Creation of the National Land Use Commission. — The
National Land Use Commission (NLUC) is hereby created as a Commission
under the Office of the President. It shall exercise the powers and
responsibilities of the current National Land Use Committee, which is hereby
abolished. The NLUC shall be chaired by a Commissioner to be appointed by
the President. The Commissioner will have the rank of a Cabinet Secretary. The
Commissioner shall be a qualified professional in any of the fields of land use,
physical planning, environmental management, engineering, public governance
or law.

The NLUC shall act as the highest policy making body on land use and
resolve land use policy conflicts between or among agencies, branches, or levels
of the government. It shall coordinate efforts towards the development of
integrated land use plans at the national, regional, provincial, and municipal/city
levels, and monitor the implementation of all land use plans including relevant
policies.

SEC. 19. Composition of the NLUC. — The NLUC will be composed of

the following:

37


(a) Commissioner of NLUC as Chairperson;

(b) Secretary of NEDA as Vice-Chairperson;

As Ex-Officio Members:

(c) Secretary of DENR:

(d) Secretary of DHSUD;

(e) Secretary of DA;

(f) Secretary of DAR;

(g) Secretary of Department of Public Works and Highways
(DPWH);

(h) Secretary of DILG;

(i) A Representative from the LGUs;

(j) Chairperson of National Commission on Indigenous Peoples
(NCIP); and

(k) Commissioner of the Bureau of Internal Revenue.

The Department Secretaries may designate a representative with a rank
not lower than Assistant Secretary: Provided, That the designated representative
shall be on a permanent basis. The representative from the LGUs shall come
from the Leagues of Provinces, Cities and Municipalities.

SEC. 20. Powers and Functions. — The NLUC shall have the following

powers and functions:

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(a) Advise the President of the Philippines on all matters
concerning land use and physical planning;

(b) Integrate and harmonize all laws, guidelines and policies
relevant to land use and physical planning to come up with a rational,
cohesive, and comprehensive national land use framework;

(c) Formulate policies and endorse land use and physical
planning-related policies that may be formulated by the RLUPC,
created under Section 23 of this Act, and concerned agencies as well
as promulgate zoning and other land use control standards and
guidelines which shall guide the formulation of land use plans and
zoning ordinances by local governments;

(d) Prepare, periodically review and if necessary, update the
national framework for physical planning to provide the general
framework for the spatial development directions for the entire
country and sub-national levels;

(e) Review and endorse all land use and physical planning
related guidelines;

(f Monitor and coordinate the gathering of data, the conduct of
studies pertaining to land use planning including studies on the
management of identified land uses and such other studies not

undertaken by other government agencies;

39


(g) Recommend to the President of the Philippines the adoption,
passage, or amendment of laws to ensure that sectoral programs,
plans, projects, and activities, including local government initiatives
affecting land use are consistent with national development
objectives;

(h) Coordinate with and assist other government agencies and
LGUs in planning, developing, and implementing their land use
classification programs, and provide, to the extent possible, technical
assistance and guidance;

(i) Monitor and coordinate the activities of concerned agencies
and entities of the government, as well as LGUs, in the enforcement
and implementation of land use plans, policies and regulations
relating to land use and resource management and development;

(j) Monitor and coordinate activities in the establishment of a
national land resource information and management system of
concerned agencies that shall integrate and process information on
land use and allocation generated by the various national government
agencies; define information requirements at various levels; and
standardize information inputs and outputs including scales and
symbols used in territorial and sectoral maps;

(k) Be the repository of all RPFPs, PPFDPs and CLUPs and all

data and information pertaining to land and land use;


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

(m)Decide and resolve policy conflicts and territorial
jurisdiction on land use between or among agencies, branches, or
levels of the government and act on unresolved land use policy
conflicts at the regional level elevated by the RLUPC;

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

(o) Perform such other acts and functions and exercise such
other powers as may be necessarily implied, inherent, incident, or

related to the foregoing.

SEC. 21. National Land Use Office (NLUO). — The National Land Use

Office (NLUO) is hereby created under the Office of the President, which will

serve as technical secretariat to the NLUC. The NLUO shall be headed by the

NLUC Commissioner with two (2) Deputy Commissioners with the rank of

Undersecretary.

The DHSUD — Environmental, Land Use and Urban Planning and

Development Bureau (DHSUD-ELUPDB) shall be converted into a line bureau

that shall serve as the NLUO.

41


Further, the DHSUD-ELUPDB shall have service units for the planning
and policy formulation, operations, monitoring and information systems
management, technical assistance, legal, and special land use concerns. The
staffing pattern of the NLUO shall be approved by the Department of Budget
and Management.

SEC. 22. Regional Land Use Office. — A Regional Land Use Office
(RLUO) is hereby created in each Region.

CHAPTER V
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 23. Regional Land Use Policy Council (RLUPC). — At the regional
level, the RLUPC shall be institutionalized, replicating the NLUC structure and
composition with DHSUD representative as Chairperson, NEDA representative
as Vice-Chairperson and with a duly authorized representative from the DENR,
DA, DAR, DPWH, DILG, NCCA, and LGU as members. The RLUPC shall
have the following functions:

(a)Formulate and adopt regional policies on land use and
physical planning:

(b)Prepare and periodically update an RPFP taking into
consideration national polices and lower-level plans;

(c) Assist the provinces in preparing and periodically updating

its physical framework plans to ensure consistency with the regional

42


and national plans and policies and to facilitate its integration with the
regional plans;

(d)Review, prior to adoption by respective Sanggunians, the
PPFDP, and CLUPs of highly urbanized and independent component
cities, to ensure consistency with the RPFP and national policies set
forth by the NLUC and compliance with limits prescribed under RA
7160, as amended, for reclassifying agricultural lands;

(e) Decide and resolve policy conflicts on land use planning,
classification, and allocation that may arise between or among
regional line agencies, provinces and cities or municipalities;

(f) Monitor changes in land use and other physical resources in
the region;

(g)Evaluate consistency of major programs and projects with
the regional physical framework plans and their impact on land use
and the environment;

(h) Undertake the gathering of regional data for the land
resource information and management system; and

(i) Perform other related functions as may be directed by the
NLUC.

SEC. 24. Provincial Land Use Policy Council. — The Provincial
Development Council, created under Section 106 of RA 7160, shall act as the

PLUPC that will tackle land use concerns whenever necessary. A duly

43


authorized representative from the DENR, DHSUD, DAR, DA, DILG, and
DPWH shall be included in the composition of the PLUPC. In addition to the
functions enumerated in Section 109 of RA 7160, the PLUPC shall:

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

(b)Review and endorse to the Sangguniang Panlalawigan for
adoption, the provincial physical framework plans, prepared and periodically
updated by the PPDO and other land use and physical planning-related
policies;

(c) Decide and resolve policy conflicts on land use planning,
classification, and allocation that may arise between or among cities or
municipalities and any unresolved land use conflicts at the city or municipal
level. The PLUPC may call upon any local official concerned such as
provincial planning and development coordinator, provincial agriculturist,
provincial environment and natural resources officer, provincial engineer,
provincial assessor, or any official of national agencies and other relevant
agencies during discussions on land use and physical planning concerns; and

(d) Assist the Sangguniang Panlalawigan in reviewing the CLUPs of
component cities or municipalities to ensure consistency with the provincial
physical framework plans and compliance with the limits prescribed under

RA 7160, as amended, for reclassifying agricultural lands.


SEC. 25. City/Municipal Land Use Policy Council — The City/Municipal
Development Council (C/MDC), created under Section 106 of RA 7160, shall
act as the C/MLUPC that will tackle land use concerns whenever necessary. A
duly authorized representative from the DHSUD, DAR, DA, DENR, DPWH
and DILG shall be included in the composition of the C/MLUPC. In addition to
the functions enumerated in Section 109 of RA 7160, the C/MLUP shall:

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

(b) Review and endorse to the Sangguniang Bayan or
Sangguniang Panlungsod for adoption, the CLUP prepared and
periodically updated by the City/Municipal Planning and Development
Office and other land use and physical planning-related policies;

(c) Decide and resolve policy conflicts on land use planning,
classification, and allocation that may arise between and among
barangays and any unresolved land use conflict at the barangay level
regarding the violation of zoning ordinances including opposition to
applications for locational clearances, permits or certificates; and

(d) Advise the local zoning board of appeals and adjustments on
all issues and conflicts relating to zoning.

For purposes of this Act, the City/Municipal Planning and Development
Coordinator (C/MPDC) shall: (a) act on all applications for locational

clearances for all projects except those of vital and national economic or

45


environmental significance; and (b) monitor on-going/existing projects within
their respective jurisdictions and issue notices of violation to owners,
developers, or managers of projects that are violative of zoning ordinances.

The C/MLUPC may call upon any local official concerned such as
C/MPDC, city/municipal agriculturist, city/municipal environment and natural
resources officer, city/municipal engineer, city/municipal assessor, or any
official of national agencies during discussions on land use and physical
planning concerns. LGUs without operational C/MPDC as mandated by RA
7160, as amended, shall activate their respective councils within six (6) months
from the effectivity of this Act.

CHAPTER VI

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

SEC, 26. Approval and Review of PPFDP and CLUPs. — The PPFDP,
CLUPs and zoning ordinances (Zos) of the respective LGUs, including
provinces, highly urbanized cities and independent component cities, shall be
submitted by the local land use committees to the local development councils
for transmission to their respective local Sanggunian for approval.

SEC. 27. Provinces and Independent and Highly Urbanized Cities. —
Provinces and independent and highly urbanized cities shall have the power and
authority to adopt and approve their respective CLUPs, zoning ordinances or

provincial physical framework plan, as the case may be, through their

46


respective Sanggunian but subject to the review of the RLUPC as provided in
Section 23 (d).
CHAPTER VII

MAPPING AND DATA MANAGEMENT FOR LAND USE
PLANNING

SEC. 28. National Base Mapping Program. — A national mapping
program shall be implemented, coordinated, and monitored through the creation
of an Inter-agency Technical Committee (ITC) composed of the NAMRIA, as
the lead agency, BSWM, the Forest Management Bureau (FMB), the Land
Management Bureau (LMB), the Biodiversity Management Bureau (BMB), the
Mines and Geosciences Bureau (MGB), the Philippine Institute of Volcanology
and Seismology (PHIVOLCS), DAR, the National Water Resources Board
(NWRB), Department of Energy (DOE), NEDA, Philippine Statistics Authority
(PSA) , University of the Philippines Resilience Institute (UPRI), NCIP, and
other concerned government agencies/bureaus. The ITC shall be constituted,
and the mapping program shall be initiated, within thirty (30) days from the
effectivity of this Act. The agencies mentioned in this Section shall finish their
base mapping program within one (1) year upon the effectivity of this Act.

For purposes of uniformity and standardization, the LGUs, to be assisted
by the appropriate agencies of the national government, shall likewise prepare

their respective territorial maps using scales, symbols, and other indicators to be

47


prescribed in accordance with this Act. The completed maps shall be integrated
in the NPFP pursuant to Section 5 of this Act.

SEC. 29. National Geospatial Information Program. — Within one (1)

year upon the effectivity of this Act, the NAMRIA, in coordination with
BSWM, FMB, LMB, BMB, MGB, PHIVOLCS, DAR, NWRB, NCIP, DOE,
NEDA, PSA, UPRI, and other concerned government agencies or bureaus shall
complete the updating of base maps including national disaster risk maps. These
base maps and corresponding geospatial data shall be shared and disseminated
to all agencies and LGUs to serve as reference in plan preparation and other
planning activities.

SEC. 30. National Hazard Mapping Program. — Within thirty (30) days
from the effectivity of this Act, a nationwide hazard mapping and probabilistic
hazard risk assessment program shall be initiated jointly through the NLUC by
the PHIVOLCS, the Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA), NAMRIA, MGB, BSWM, DOE, and
UPRI, in coordination with the National Disaster Risk Reduction and
Management Council (NDRRMC), the Regional Disaster Risk Reduction and
Management Council (RDRRMC), NCIP, NCCA, and other concerned
government agencies. The program shall include the generation of indicative
hazard zoning maps that will outline areas in the Philippines which are prone to

liquefaction, landslides, severe flooding, lahar, ground rupturing, tsunami, river

48


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 hazard zoning maps in their respective CLUPs. Said hazard maps
shall serve as guide for all the LGUs in the preparation of their own hazards-
constrained development plans. The NPFP, pursuant to Section 5 hereof, shall
incorporate these hazard maps.

All infrastructure activities including real estates and subdivision projects
and the development of tourist spots requiring an Environmental Compliance
Certificate (ECC) shall be required to submit an Engineering Geological and
Geo-hazard Assessment Report (EGGAR).

SEC. 31. Basic and Applied Research for Science and Technology
Development. — Within one (1) year from the effectivity of this Act, the
Department of Science and Technology (DOST), in coordination with
concerned agencies, academe, and research organizations, shall formulate a
research agenda that will support physical framework and land use planning.

SEC. 32. Scope and Nature of Responsibilities of Other National
Government Agencies. — All concerned national government agencies shall
periodically report to the NLUC on the various activities and accomplishments
on land use, including their respective sectoral or development plans. The

NLUC may call upon the agencies for technical and administrative support.

49


SEC. 33. Monitoring of CLUP Implementation. - The DHSUD shall
design and install an information system for monitoring the actual use of land
resources, the reclassification of agricultural lands authorized by cities and
municipalities, and the implementation of CLUPs of LGUs with a view to
ensuring the compliance with national policies, standards and guidelines:
Provided, That the system shall be developed in coordination with DA, DAR,
DILG, DENR, DPWH, NEDA, league of provinces, league of cities, league of
municipalities, other concerned national government agencies, academe, and
research organizations .

SEC. 34. Submission of Annual Report on the Implementation of
CLUPs. — The C/MLUPC shall submit an annual report on the implementation
of their land use plans to the PLUPC, which shall integrate the same for
submission to the RLUPC, which shall in turn integrate the provincial reports
for submission to the NLUC.

CHAPTER VIII
SPECIAL AREAS OF CONCERN
Article 1
Forest Lands and Reservation of Watershed

SEC. 35. Reversion of Alienable and Disposable Lands to Forestlands.
~ Upon the recommendation of the Secretary of the DENR, duly reviewed and
endorsed by the NLUC, and after due consultations with the concerned LGUs

and affected parties, Congress may authorize the reversion of alienable and

sO


disposable lands of the public domain or portion thereof to forestlands, unless
they are covered by existing titles, or actually occupied openly, continuously,
adversely, and publicly for a period required by law: Provided, That, when
public interest so requires, steps shall be taken to expropriate such lands, cancel
defective titles, or eject occupants thereof. Thereafter, said lands shall be
included in the preparation of land use plans within forestlands.

SEC. 36. Critical Watershed Areas. — The DENR, in coordination with
the DA, LGUs and other government agencies, including government-owned
and controlled corporation, and after mandatory public hearings or
consultations, shall identify and delineate critical watershed areas that need to
be protected, rehabilitated, enhanced or withdrawn from uses that contribute to
their further degradation.

SEC. 37. Formulation and Implementation of Integrated Watershed
Management Plans. — A Watershed Management Council (WMC), which is a
multi-agency, inter-LGU, and multi-sectoral consortium, chaired by the DENR
and co-chaired by the duly designated representative of the LGUs, shall be
created at the provincial level to ensure effective and sustainable resource
management of a particular watershed and provide the development needs of
local communities. in cases where a watershed transcends more than one

province, a WMC at the regional level shall be created.

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The WMC shall prepare the Integrated Watershed Management Plans
(IWMP) consistent with the existing DENR laws, guidelines, and rules and
regulations. The said [WMPS shall be integrated into the CLUPs of the LGUs.

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.

SEC. 38. Establishment and Management of National Parks. — All
areas proclaimed by the President of the Philippines and Congress of the
Philippines to be under the NIPAS, unless disestablished, including those
identified as 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. The preparation of management plans of protected areas and
national parks shall be in accordance with the provisions of RA 7586, as
amended, and other laws establishing or declaring specific areas as protected
areas.

Article 2
Coastal Zones

SEC. 39. Criteria on the Allocation and Utilization of Lands within the

Coastal Zones. — The allocation and utilization of lands within the coastal zones

shall be guided by the following:

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(a) | Areas vegetated with mangrove species shall be preserved
for mangrove - protection and shall not be converted to other uses;

(b) Areas which meet all accepted criteria on elevation, soil
type, soil depth, topography, supply for successful fishpond development,
and are not identified as mangrove protection areas, shall be utilized for
aquaculture purposes;

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

(d) Areas accessible to the sea and identified for fisherfolk
settlement and housing shall be allocated to traditional fisherfolk who are
inhabitants of the coastal communities and members of legitimate
fisherfolk organizations and/or 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 DHSUD.

(e) Areas which does not fall under (a) to (d) above may be
devoted to recreational or tourism purposes: Provided, That such
undertaking will not result in environmental degradation and

displacement of small fishers;

53


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

(g) Areas which have been allocated for small infrastructure
needed by fisherfolk shall be allowed;

(h) Areas which form part of foreshore lands as defined in this
Act including those which are under lease agreements or arrangements
shall undergo zoning and evaluation to determine their boundaries and
actual sizes and corresponding uses: Provided, That vested rights under
the lease agreements or arrangements shall be respected. Evaluation of
the said lands shall also consider the natural, geologic and geomorphic

conditions of the coast; and

(i) The free and prior informed consent of the concerned

ICCs/IPs and the necessary certification from the NCIP shall be secured

before any allocation and utilization of lands within the coastal zones that

are found to be within ancestral domains.

SEC. 40. Coastal Land Zone Sub-classification. — All public lands in
the coastal zones are sub-classified into any of the following: fishponds,
mangroves for protection from tidal surge and for preservation of biodiversity,
habitats and sanctuaries for endangered wildlife, fisherfolk settlement, or
recreational or tourism areas. No sub-classification of coastal zones to different

uses may be done without the following:


(a) Conduct of a comprehensive inventory and resource and
environmental assessment by the DENR with the respective LGUs and
accredited non-government organizations ~(NGOs) or _ peoples
organizations (POs) within their territorial jurisdiction. The result of the
assessment along with a list of all existing applications and expired
foreshore lease agreements must be posted in three (3) conspicuous
places in the affected localities; and

(b) Prior consultation with the local Fisheries and Aquatic
Resource Management Councils pursuant to RA 8550 as amended.

SEC. 41. Zoning of Foreshore Areas. — LGUs, in coordination with the
DENR, shall conduct zoning of their respective foreshore areas to assist
government and community fishers identify priority areas for conservation and
development, and to enable them to set targets for mangrove reforestation and
rehabilitation.

SEC. 42. Protection of Waterways, Easements and Flood Plains. —
Structures of any kind may not be built in waterways and easements. Pursuant
to PD 1067, 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 easement of public use only in the

interest of recreation, navigation, floatage, fishing and salvage.

5s


The protection of flood plains shall use the watershed management plan
as the reference framework in formulating flood mitigation plan. 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 must be
an integral part of Watershed Management Plan that shall guide the preparation
of CLUPs, local climate change action plans local disaster risk reduction and
management plans and other prescribed thematic plans. The LGUs shall
establish land use regulations to mitigate flood risks through the CLUPs and
zoning ordinances.

To promote the best interest and coordinated protection of flood plains,
the DPWH, in coordination with the DOST and DENR shall declare flood
control areas as necessary and shall prohibit or control activities that may
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 PD 1067.

Article 3
Settlements Development

SEC. 43. Municipalities, Cities, and Settlements Development. — The

development of municipalities, cities and settlements through CLUP and

implemented by the zoning ordinances of cities and municipalities are guided

sé


by the urban zoning standards designed to maximize existing urban spaces,
taking into account the studies of pertinent government agencies on climate
change. The new and existing government buildings within the cities and
municipalities shall comply with the government energy management program
and the Inter-Agency Energy Efficiency and Conservation Committee
resolutions.

SEC. 44. Settlements within Hazard Areas. — Settlements, in particular,
housing or residential developments, within hazard areas may be allowed:
Provided, That mitigating or protective measures are adopted to address the
potential danger or risk to lives and property within such settlements. In
coordination with the concerned agencies of the government such as the
PHIVOLCS, PAGASA, and MGB, the NLUC shall provide assistance to
concemed LGUs and settlers in instituting safety and corrective measures to
address the potential danger or risk. Residential zones as designated in the
CLUP shall not be considered as outside the hazard areas. However, for this
purpose, housing projects within such areas with less than or equal to one (1)
hectare of project area shall be exempt from the ECC as well as the EGGAR
and may be implemented without the need for any further certificate of
exemption from the DENR or any other government regulatory agency.

SEC. 45. Designation of Waste and Environment Management Site. —
Each city or municipality shall identify, designate and allocate a suitable area as

indicated in the watershed management plan within their territorial jurisdiction

s7


to serve as sanitary landfill or solid waste disposal site as established in its solid
waste management plan pursuant to RA 9003 or the “Ecological Solid Waste
Management Act of 2000” within one (1) year from the effectivity of this Act.
SEC. 46. Network of Settlements. — The framework and policies for the
development of network of settlements shall be provided by the National
Physical Framework Plan formulated by the NLUC. Individual settlements shall

be planned as part of a national network of settlements. The network shall be

based on existing and potential settlements; production activities, particularly
those that involve highly competitive industries and services and generate local
employment, environmental constraints and sustainability considerations.
Individual cities and municipalities shall be integrated through transportation
and other infrastructure support facilities.

SEC. 47. Criteria for Settlement Sites, — The following shall be the
criteria for identifying settlement areas:

(a) Within A&D lands but not in environmentally-critical,
hazard-prone or other protection areas as assessed, identified and
indicated in the Watershed Management Plans;

(b) Along established urban growth directions;

(c) Are already or can be provided with basic services and
utilities;

(d) Ideally within the 0-8% slope range, but with mitigating

measures from slope 9-17%;

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(ec) Reasonably accessible from existing built up areas and other
employment centers through existing or proposed roads and other
transportation facilities; and

(f) Identified ICCs/IPs settlement areas shall be located within
ancestral domains.

Hazard-prone areas shall be defined, delineated and mapped by the
DENR and other the mandated government agencies, together with LGUs
during the preparation of management plans of the watersheds that are partially
or wholly inside the jurisdiction of municipality or city. As such, new
settlements within high-risk areas shall not be allowed. In cases where there are
existing settlements within geo-hazard areas or high-risk areas, mitigating or
protective measures shall be adopted to address the potential danger or risk to
lives and property within such settlements. In coordination with the concerned
agencies of the government, the NLUC, through the RLUPC and PLUPC, shall
provide assistance to concerned LGUs and settlers in instituting safety and
corrective measures to address the potential danger or risk. New developments
within geo-hazard areas shall be required to submit an ECC and EGGAR
consistent with the Revised Procedural Manual for DENR Administrative Order
(DAO) No. 2003-30 otherwise known as the “Implementing Rules and
Regulations (IRR) for the Philippine Environmental Impact Statement (EIS)
System” and DAO No. 2000-28 otherwise known as the “/mplementing

Guidelines on Engineering Geological and Geohazard Assessment as

so


Additional Requirement for ECC Applications covering Subdivision, Housing
and other Land Development and Infrastructure Projects”.

SEC. 48. Sustainable Communities. — Each city or municipality or
cluster of cities or municipalities, as appropriate, shall seek to follow the basic
features of sustainable communities, as guided by the National Urban
Development and Housing Framework: transit-oriented, pedestrian-biased, and
multiple use, with systems and practices that promote water use efficiency,
energy efficiency, waste segregation, recycling, and adequate community
facilities. Cities and municipalities or clusters thereof shall identify, designate
and allocate areas within their territorial jurisdiction to serve as waste disposal
site following the provisions of RA 9003.

For energy efficiency, cities and municipalities or clusters thereof shall
utilize energy consuming products which comply with the DOE’s efficiency
rating and energy labeling system pursuant to the provision of RA 11285 or the
“Energy Efficiency and Conservation Act”.

SEC. 49. Designation and Zoning of Socialized Housing Zones. — 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 lands for the housing needs of the local population, the CLUP


shall be updated, at maximum, every twelve (12) years for provinces, cities and
municipalities.

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 or municipality’s zoning ordinance, pursuant to existing laws and
regulations.

Fisherfolk settlements and housing in coastal municipalities shall be
zoned near the sea for easy access to their livelihood as provided under Section
39 (d) of this Act.

The housing or residential lands designated in the CLUPs and zoning
ordinances of cities and municipalities shall, on one hand, not be subject to
further land reclassification by the LGU or land conversion procedure under
DAR. On the other hand, agricultural lands as designated in the CLUP which
are no longer economically feasible for agricultural use may be subject to land
reclassification or land use conversion to housing or residential purposes and
such land use conversion, as the case may be, shall be exempt from the
coverage of any moratorium on land use conversion, provided such conversion
shall not conflict with the prescriptions of watershed management plans and
shall not result in serious environmental and ecological problems.

SEC. 50. Urban Forest or Green Space. — Each city or highly urbanizing

municipality shall identify, designate, and allocate lands owned by the city or

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municipality as urban forest or green space based on the guidelines and

standards to be issued by the DENR and approved by the NLUC.

Article 4
NIPAS Areas
SEC. 51. Integrated Management Strategy. — For a more effective
planning, management, and protection of protected areas at the provincial, city
or municipal levels, the Protected Area Management Plan referred to in RA
7586, as amended, must be incorporated in the provincial physical framework
plan and CLUPs, if applicable, wherein the protected area zoning must be
reflected.
Article 5
Agricultural Lands
SEC. 52. Priority Areas for Agricultural Development. — Priority areas
for agricultural development shall be those agricultural areas covered under RA
6657 and those covered under NPAAAD and SAFDZ, defined in Section 4 of
this Act and in RA 8435 or the “Agriculture and Fisheries Modernization Act”.
SEC. 53. Conversion of Agricultural Lands. — Prime agricultural lands
and specific types of lands to the extent necessary for attaining food self-
sufficiency in rice and food security in other basic commodities, as determined
by the DA, subject to mandatory consultation with the LGUs, the private sector,

the NGOs, and POs, shall be protected from conversion, which shall include but

62


not limited to areas under the NPAAAD and SAFDZ: Provided, That all
irrigated and irrigable lands, all lands developed or possessing the potential for
development of high value crops, and all agricultural lands that are ecologically
fragile and whose conversion will result in serious environmental problems
shall be given full protection from conversion, the areas under which are subject
to review every — six (6) years by the DA, with the mandatory public
consultations: Provided, further, That consistent with the State policy on giving
priority to the completion of the comprehensive agrarian reform program, all
lands subject to the comprehensive agrarian reform program including those
lands covered under notice of compulsory acquisition or voluntary offer to sell,
production or profit-sharing, or commercial farm deferment shall also be
protected from conversion pending the distribution and installation of the farmer
beneficiaries, but thereafter, Section 22 of RA 9700 shall apply: Provided,
furthermore, That the conversion of prime agricultural lands for use in priority
government projects for basic services such as, but not limited to, irrigation and
power shall be allowed only upon the recommendation of the Secretaries of the

DA and the DAR: Provided, finally, That the mapping of the NPAAAD under

the RA 8435 shall be completed within one (1) year from the effectivity of this
Act. Lands defined under Section 10 of RA 6657 shall remain exempted and
excluded from the coverage of the comprehensive agrarian reform program.

With due consideration of the above-mentioned conditions that provides for the

full protection of prime agricultural land, only then, upon approval by the DAR


of the application for conversion, agricultural lands are deemed converted to
non-agricultural uses.

SEC. 54. Sub-classification or Re- classification of Agricultural Lands
by LGUs. — Sub-classification or re-classification of agricultural lands to other
uses under Section 20 of RA 7160 shall exclude the protected agricultural lands
as stated in the preceding section. Moreover, such sub-classification or
reclassification is not synonymous to conversion. Further, such sub-
classification or re-classification shall not result to land uses that are in conflict
with the prescriptions of the watershed management plans. The DA and DAR
shall provide the LGUs with complete list and maps of protected agricultural
lands within their territorial jurisdictions.

SEC. 55. Criteria for the Utilization and Allocation of Land for Mining
Purposes. — Consistent with this Act and the provisions of RA 7942, otherwise
known as the “Philippine Mining Act of 1995”, and to ensure that the objectives
of maintaining ecological balance and maximizing economic returns to mining
operations are realized, the allocation and utilization of lands for mining
purposes shall be guided by the following:

(a) _ The principles of sustainable development and responsible mining;

(b) In case of small-scale mining, adequate and acceptable safeguards
shall be instituted by the holders of mining rights or permits to prevent

environmental degradation of the mining sites and adjacent areas;


(c) Mineral reservations which have become non-operational as
determined by the MGB shall be placed under appropriate surface management
by the DENR after conducting scientific, geological, and environmental studies
in accordance with relevant laws on mineral reservation establishment and de-
establishment;

(d) Natural forests, proclaimed watershed forest reserves, mangrove
forests, and mossy forests are closed to mining operations pursuant to RA 7942,
and other pertinent laws;

(e) Consistent with RA 7942, areas closed to mining operations like
natural forests, proclaimed watershed forest reserves, mangrove forests, and
mossy forests shall be periodically reviewed through mineral exploration to be
undertaken by the DENR for the purpose of determining whether or not their
continued closure is consistent with the national interest and with the
prescriptions of watershed management plans and, if warranted, recommend
their reclassification as mineral lands; and

(f) Protection forestlands and agricultural lands shall be exempt from
mining activities to minimize the effect of natural calamities and to protect food
security respectively. The small to large scale mining operations shall yield
from and recognize the tenurial instrument given by the government such as
original certificate of title, transfer certificate of title, certificate of ancestral
domain title, emancipation patent-certificate of land ownership award and other

instruments, If these be present, mining activity shall be allowed subject to

65


clearances and consent, and: Provided, That mining activity shall not conflict
with the prescriptions of watershed management plans and shall not have
serious environmental and ecological problems.

SEC. 56. Reversion of Mineral Lands. — All mineral lands with
exhausted mineral resources, as determined by the MGB upon the
recommendation of the DENR, shall revert to its original land classification,
that is, as forestland or agricultural land. In the case of forestlands, the DENR
may classify such areas for other purposes in consultation with concerned
LGUs, DOT, and other national government agencies, and consistent with the
prescriptions of the watershed management plans.

Article 6
Energy Resources

SEC. 57. Guidelines for the Utilization and Allocation of Lands for
Energy Resource Exploration, Development, Production, Utilization, and
Distribution Purposes. — To ensure that the objectives of maintaining
ecological balance and maximizing the power potential from indigenous energy
resources in the most economical and environmentally-acceptable means are
realized, the allocation and utilization of lands are be guided by the following,
consistent with the existing laws, rules and regulations on energy resources:

(a) Indigenous energy resource exploration and development for
the purpose of creating a national energy resource inventory and data

base as well as an energy resource block map are allowed, subject to the

66


prescriptions of watershed management plans and other land management
plans;

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

(c) Protected areas defined in Section 17 of this Act are closed
to any kind of energy resource development except for installation or
erection of power lines therein Provided, That vested rights granted
through the Special Use Agreements in Protected Areas as granted by the
DENR are respected:

(d) Energy reservations or portions thereof which have become
or have been established to be non-economically viable to operate or are
no longer used for energy purposes must be reclassified to other land
uses, subject to existing laws covering energy reservations and to
prescriptions of watershed management plans; and

(e) | Renewable energy is preferred over other energy resource.
SEC. 58. Reversion of Energy Resource Lands, — All exhausted

indigenous energy resource lands, as determined by the DOE, which are not

67


covered by proclamations must automatically revert to the category of
forestlands or agricultural lands, open to disposition, whichever is appropriate,
unless the DENR classifies such areas for other purposes consistent with the
prescriptions of watershed management plans. Exhausted energy resource lands
are specific energy resource sites that the energy reserves of the desired type or
types are no longer in sufficient quantity or quality to justify additional
expenditure for its extraction and utilization.
Article 7
Industrial Development Areas or Sites
SEC. 59. Criteria for Designating Industrial Development Areas. — The
identification and establishment of industrial development areas shall conform
to the provisions of RAs 7916, 6657, 8371, 7279, 8550, and 8435, taking into
consideration the following:
(a) Identified network of areas for agricultural development and
protected agricultural areas pursuant to the RA 8435;
(b) National policies on the regional dispersal of industries and
agri-based industrial development;
(c) Identified growth areas and corridors in the National
Development Plan;
(d) NIPAS and non-NIPAS areas such as KBAs and restored
areas that require protection;

(e) National and Urban Development and Housing Framework;

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(f) Identified socialized housing zones;

(g) National framework for physical planning and other existing
national programs and policies; and

(h) _ Prescriptions of watershed management plans.

The designated industrial development areas must be located only in
production land uses areas and shall form an integral part of the land use plan
and zoning ordinance of the city or municipality where these areas are located
pursuant to RAs 6657, 8371, 7279, 855, 8435, and 7160, as amended.

Article 8
Tourism Development Areas

SEC. 60. Designating Tourism Development Areas. — The
identification, selection, and development of tourism development areas, and
Tourism Enterprise Zones shall be done in consultation and coordination with
the LGUs, TIEZA, DOT and other national government agencies, the private
sector and the affected communities subject to the provisions of RA 9593,
otherwise known as “The Tourism Act of 2009.” Tourism development areas
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, or integrated resort leisure and recreation
complexes. Other tourism-related facilities and those identified in the national,
regional and area-specific tourism master plans and other sector plans, such as

ecotourism and agri-tourism sites are also considered as tourism development

69


areas. The sites designated for tourism development must be outside of the
areas identified for protection land use. As much as practicable, community-
based tourism shall be the principal mode of tourist spot operation. RAs 6657,
8371, 7279, 8435, 7160, and EO 111, series of 1999, which provided for the
national ecotourism strategy, shall apply to all tourist zones and tourist
development areas.

Designated areas for tourism development form part of the CLUPs and zoning
ordinances of the cities or municipalities where these areas are located.

SEC. 61. Identification and Declaration of Areas for Protection,
Conservation and Preservation of Cultural Heritage. — Pursuant to RA 10066
or the “National Cultural Heritage Act of 2009’, the NHCP or the National
Museum, the NCCA, in coordination with NCIP, DHSUD and other concerned
agencies, local communities, and the private sector, shall identify declared areas
and structures which shall be protected and preserved as part of the Philippine
cultural heritage.

The LGUs in coordination with the NHCP, the NCCA and the Cultural
Center of the Philippines (CCP) shall designate historical zones to protect the
historical integrity of said geographical areas and cultural space of intangible
cultural properties.

Declared and known archaeological sites shall likewise be protected by
the NCCA, the DHSUD, NCIP, other concerned government agencies, and

LGUs against modification, alteration, or destruction.

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Article 9
Infrastructure Development

SEC. 62. Strategic Transport Network. — The national government,
through the Department of Transportation, shall establish a strategic and
sustainable multimodal transport network that provides connectivity within the
national network of settlements. Such connectivity shall include linkages
among existing and proposed priority urban centers, rural areas, production
hubs and tourism zones, distribution centers and markets, and key international
points of entry. It shall be developed to promote network efficiency and social
service delivery, to catalyze areas identified critical for economic growth, while
minimizing negative impacts to environmentally-critical and protected areas as
identified in the watershed management plans.

The national network of settlements, as defined in the NPFP, shall guide
the development of a multi-modal transportation network. The network shall be
designed and implemented to provide seamless connectivity among the various
modes of transportation. The RPFPs, PPFDPs and city or municipal CLUPs
shall focus on the transportation network that corresponds to their respective
jurisdictions while maintaining consistency with the overall national networks.

SEC. 63. 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 NEDA, in consultation with the national government agencies,

7


LGUs and the private sector, shall identify and periodically review, update or
revise the list of priority infrastructure projects under an over-all national
strategic infrastructure development plan subject to the provisions of this Act,
RA 8435 and RA 8371. The national strategic infrastructure development plan
must 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:

(a) 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,
tural infrastructure and the development of the agriculture and fisheries
sectors;

(b) Upgrade existing facilities to international public safety
standards;

(c) Address the need for sustainable settlement development;
and

(d) Mitigate the destructive effects of natural disaster-causing
phenomena or serve as alternatives to existing infrastructure found in
natural hazard-prone areas.

The provision and implementation of infrastructure support must be made
compatible with existing environmental conditions and the physical, whether

natural or human-made, and cultural character of the area. Mandatory public

72


consultations pursuant to existing laws and regulations must be held prior to the
conduct of all infrastructure projects that necessarily involve dislocation or
displacement of people in the area.

The proponent of the infrastructure project shall follow the rules on just
and humane eviction or demolition under Section 28 of RA 7279 as a last resort,
notwithstanding the provisions of RA 8975, prohibiting lower courts from
issuing temporary restraining orders, preliminary injunctions or preliminary
mandatory injunctions. The proponent shall also follow the provisions of RA
8371, particularly those pertaining to the rights of IPs or ICCs in case of
displacement. The national government infrastructure projects shall, after
determining that displacement is unavoidable, include the budgetary
requirements for the adequate relocation of displaced communities.

SEC. 64. Infrastructure Projects within Geo-hazard Areas. —
Construction of priority infrastructure projects within hazard-prone areas are
allowed. However, mitigating or preventive measures must be adopted and
implemented to address the potential adverse economic, socio-cultural and
environmental impacts that emanate from these infrastructure projects, subject
to the findings and recommendations of a feasibility study or environment
impact assessment in accordance with PD 1586 and RA 4846, otherwise known
as the “Cultural Properties Preservation and Protection Act.”

Existing projects that were undertaken without the required

environmental impact assessment and which pose a threat to the environment,

B


or to the integrity of historic, archeological or scientifically significant areas, or
impinge on critical ecosystems, and other areas identified in the watershed
management plans may be terminated immediately or gradually phased-out and
relocated. If the existing project is to be maintained within their life span,
mitigating measures must be adopted and implemented. The rules on mandatory
public hearings or consultations and just and humane eviction or demolition
shall also be observed prior to the termination, gradual phase-out, or relocation
of projects that necessarily involve dislocations or displacement of the people in
the area.
Article 10
Agro-Industrial Development
SEC. 65. Land Consolidation for Agro-industrial Development. - The
consolidation of small-scale agricultural landholdings shall be promoted to take
advantage of economies of scale in agricultural production, to promote value
chain development, and to increase farm incomes and improve the quality of
life of farmers. A Land Consolidation and Utilization Program under the DA
shall be established. The program shall implement the following:
(a) Consolidation of small contiguous landholdings into bigger
agricultural estates for farm operations and agro-industries;
(b) Crafting of a comprehensive plan and study of the optimum

utilization and long-term productivity of bigger landholdings;

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(c) Private sector participation in agricultural production and
management through adequate security, incentives and reasonable return
on investments, within limits set by existing laws;

(d) Development and adoption of cooperative systems that will
increase the participation and protection of small farmers; and

(e) Provision of support to consolidated farms in such forms as
farm-to-market roads, irrigation, utilities, logistics, processing facilities,
upgrading of basic social amenities, and marketing assistance to farmers.

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION

SEC. 66. Values Formation. — In order to develop a well-informed,
responsible and committed citizenry, who value the protection, conservation
and development of the limited land and other physical resources of the country,
the CHED, with prior consultation with concemed stakeholders, may include a
subject or topic on sustainable land use in the general education curriculum of
higher education institutions.

SEC. 67. Information or Education Campaign and Capacity Building.
— The NLUC shall spearhead a nationwide information or education campaign
on land use and physical planning together with the local and national
government agencies. The DHSUD, in coordination with DILG, CHED and
other concerned agencies shall formulate and implement a land use management

capability building program for national and local government officials,

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community leaders, representatives of NGOs, POs, the religious sector and the

general public.

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES
Article 1
INCENTIVES

SEC. 68. Formulation of a System of Incentives and Awards. —
The NLUC shall come out with a system of incentives and awards to
LGUs that regularly update their CLUPs within the prescribed period,
as follows:

(a) Provinces, highly urbanized cities, and independent
component cities once every twelve (12) years; and

(b) | Component cities and municipalities once every twelve (12)
years.

SEC. 69. Priority in Giving Technical Assistance to LGUs. — In
providing technical assistance and other forms of support related to land use
management and the implementation of development plans, the national
government agencies shall give priority to cities and municipalities with

approved CLUPs. The same assistance and support shall also be provided to the

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fifth (5'") and sixth (6) class municipalities: Provided, That the lack of
technical assistance shall not exempt said municipalities from the provisions of

Section 70.

Article 2
SANCTIONS AND PENALTIES
SEC. 70. Failure to Formulate, Enforce, or Implement the CLUPs.
— Within three (3) years from the effectivity of this Act, all LGUs shall
complete the formulation of their CLUPs.
Failure to formulate, enforce or implement the CLUPs shall be subject to
the penalties and sanctions to be imposed by DHSUD pursuant to RA 11201,
otherwise known as the “Department of Human Settlement and Development
Act” and its Implementing Rules and Regulations. The DILG, consistent with
due process, shall investigate, review, and impose appropriate action regarding
local chief executives and other local officials and employees responsible for
the formulation, enforcement, and/or implementation of the CLUPs in case of
any of the following:
(a) Failure to implement and enforce the CLUP due to

negligence of duty;

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(b) Failure to provide appropriate budgetary allocation to effect
its implementation; and

(c) Failure to complete the preparation and undergo review and
approval process of the CLUP despite the availability of funds, resources,
and support by the Sanggunian concerned.

SEC. 71. Causing Irrigated Agricultural Lands to be Idle. — Any
person or juridical entity who shall cause any irrigated lands whether
contiguous or not, within the protected areas for agricultural development, to lie
idle and unproductive for a period exceeding one (1) year, unless due to force
majeure, shall be subject to an idle land tax equivalent to five percent (5%) of
the value of the agricultural land as appearing in its real property tax
declaration. In addition, the violator shall be required to put back such lands to
productive agricultural use. Should the continued agricultural inactivity, unless
due to force majeure, exceed period of two (2) years, the land shall be subject to
escheat proceedings.

SEC. 72. Person Abetting Illegal Conversion. — Any person initiating,
causing, inducing, or abetting illegal conversion as defined in Section 73(c) of
RA 6657, as amended, and Section 4(cc) of this Act shall, upon conviction, be
imprisoned from seven (7) to twelve (12) years and imposed a fine of not less
than One hundred thousand (P100,000.00) pesos, or both at the discretion of the
court: Provided, That if the offender is a public official or employee, whether

elected or appointed, the penalty shall, in addition thereto, include dismissal

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through permanent separation from the service and 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: Provided, further, That 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, and the fine shall
be equivalent to the zonal value of the land or forty percent (40%) of the
shareholders equity, as determined at the time of judgment whichever is higher,
plus forfeiture of the land in favor of the State for sale though public auction,
the proceeds of which shall automatically accrue to the Agrarian Reform Fund
as provided for in Section 79 of this Act.

SEC. 73. Fine for Non-Completion and Non-Commencement of
Development of Agricultural Lands with Approved Order of Conversion. — A
landowner and designated developer or duly authorized representative who,
without justifiable cause, fails to commence or complete the development of
agricultural lands with approved order of conversion shall be penalized, jointly
or severally, with any of the following fines based on the zonal value of the land
at the time the fine is imposed:

(a) On failure to commence within one (1) year from the date of
conversion order:
dd) Six percent (6%) of the zonal value of the subject land for

the first three (3) hectares;


(2) Fifteen percent (15%) of the zonal value of the subject land
for the next three hectares, and

(3) Thirty percent (30%) of the zonal value of the subject land
for the remaining area: Provided, That the order of conversion shall be
deemed revoked automatically and the land shall revert to its original
agricultural use and covered automatically and the land shall revert to its
original agricultural use and covered.

(b) On failure to complete fifty percent (50%) of the approved
conversion plan within a specified time frame. Fifty percent (50%) of
the zonal value of the subject land and the revocation of the
conversion plan on the undeveloped portion which shall automatically
revert to its original use as agricultural land. The same shall be
covered under the CARP and processed for land distribution as soon
as possible.

SEC. 74. Change of Use from the Previously Authorized Conversion
Order, — The landowner and future landowners of the property approved for
conversion shall not change its use to another use not authorized under the
Conversion Order without prior consent from the DAR. This prohibition
extends to changes in housing standards, changes in selling schemes, changes
from social housing to open market housing or vice-versa, and all other similar
changes. Violation of which shall be penalized with revocation of Conversion

Order and forfeiture of cash bond.

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SEC. 75. Payment of Disturbance Compensation. — Following the order
of priority as enumerated in Section 22 of RA 6657, as amended, qualified
beneficiaries such as agricultural lessees and share tenants, regular farm
workers, seasonal farm workers, other farm workers, actual tillers or occupants
of public lands, collective, or cooperative of the above-mentioned 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 last five (5) preceding calendar years or a certain percentage of the
converted land, whichever is higher, as determined by the DAR.

SEC. 76. Authority to Impose Fine, — The DAR shall impose the penalty
provided for under the preceding section.

SEC. 77. Withdrawal of Local Development Permits or Licenses. —
Upon receipt of notice from the DAR of illegal conversion, the concerned
agencies, city or municipality shall withdraw or revoke any development permit
or license issued to illegally converted agricultural lands.

SEC. 78. Penalty for Reclassification of Protected Agricultural Lands
and Exceeding the Limit of Areas Allowed for Reclassification. — Any person
initiating, causing, inducing or abetting the reclassification to non-agricultural
uses of protected agricultural areas as defined in this Act shall be punished with
imprisonment of twelve (12) years or a fine of not less than One hundred

thousand Pesos (P100,000.00), or both, at the discretion of the court.

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

If the offender is a juridical person, the president, chief executive officer,
manager, chairperson, members of the board and other officers who directly
participated in the violation of this Section shall be held liable.

The same penalty is applicable to persons who are responsible for
exceeding the limits set forth under Section 20 of RA 7160 pertaining to
reclassification of lands.

SEC. 79. Utilization of Fines. — The fines collected under Sections 72,
73 and 78 of this Act shall accrue to the Agrarian Reform Fund and shall be
used for the purpose for which the fund is established.

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

SEC. 80. Convening of the NLUC. — Within thirty (30) days from the
effectivity of this Act, the chairperson shall convene the NLUC.

SEC. 81. Implementing Rules and Regulations. — Within six (6) months
from the effectivity of this Act, the NLUC shall promulgate the rules and
regulations to implement the provisions of this Act.

SEC. 82. Congressional Oversight Committee on the Land Use Act. —

There is hereby created a joint congressional oversight committee to monitor

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the implementation of this Act. The committee shall be composed of seven (7)
senators and seven (7) representatives to be appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The members
from the Senate shall be appointed based on proportional representation of the
parties or coalitions therein, with at least two (2) senators representing the
minority. Likewise, the representatives ftom the House of Representatives shall
be appointed based on proportional representation of the parties or coalitions
therein with at least two (2) Members representing the minority.

The mandate given to the joint congressional oversight committee under
this Act shall be without prejudice to the performance of the duties and
functions by the respective existing oversight committees of the Senate and the
House of Representatives. The secretariat of the committee shall be drawn from
the existing secretariat personnel of the committees comprising the oversight.

SEC. 83. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the current year’s
appropriations of the departments and agencies concerned. Thereafter, such
amount shall be included in the annual General Appropriations Act.

SEC. 84. Review of the Existing Land Use Plans. — Provinces, cities,
and municipalities with existing land use plans shall review, revise, reconcile,
and harmonize their respective land use plans in accordance with the guidelines
and standards issued by the National Land Use Commission (NLUC) within one

(1) year from the effectivity of this Act.


All other laws, orders issuance, rules and regulations inconsistent
herewith are repealed or modified accordingly.

SEC. 85. Non-impairment Clause. — Nothing in this Act shall be
construed as to diminish or impair the rights recognized granted, or available to
marginalized or the basic sectors under existing laws or to diminish or impair
vested rights generally, including the rights of indigenous cultural communities
and indigenous peoples as provided under RA 8371.

SEC. 86. Separability Clause. — If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected
thereby shall remain in full force and effect.

SEC. 87. Repealing Clause. — Sections 10 and 11 of RA 8435, Sections
447 (a2vii) and 458 (a2viii) of RA 7160, the pertinent provisions of EO 648,
series of 1991, EO 72, series of 1993, EO 770, series of 2008, Letter of
Instruction No. 1350, series of 1983, PP 2282, series of 1983 are hereby
repealed, amended or modified accordingly.

SEC. 88. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation,

Approved,