Republic of the Philippines

2a
DATE _July7,2022
*

ae wo TWE 9:33 pm
NINETEENTH Concress \\v, — Rai _
First Regular Session 4 No $
House Bill No.___1621 INDEX

Introduced by Representative Albert Raymond S. Garcia

EXPLANATORY NOTE

‘Several laws on the use of our country’s land resources already exist. These
laws include the Agriculture and Fisheries Modernization Act, the Comprehensive
Agrarian Reform Law, the Indigenous Peoples Rights Act, the Urban Development
and Housing Act, the Fisheries Code, and the National Integrated Protected Areas
System, to mention a few. All these laws focus on certain areas and aim to address
specific concems. However, they tend to overlap and fail to address competing
demands.

The Local Government Code also mandates the local government units to
adopt and update their respective comprehensive land use plans (CLUPs). These
CLUPs, though, are territory specific and lack the comprehensiveness of a cohesive,
inclusive and synchronized land use plan with national perspective.

This bill seeks to institute a national land use and management policy to
provide, among others, for a rational, holistic and just allocation, utilization,
management and development of the country’s land resources, strengthen the
capacity of local government units to manage and maintain ecological balance within
their territorial jurisdiction through informed and responsive zoning decisions, and
institutionalize land use and physical planning as a mechanism for determining and
evaluating appropriate land use and allocation patterns.

Similar measures have already passed the scrutiny of our colleagues in this
Chamber and approved on third reading by the House of the 16" and 17
Congresses. Unfortunately, both measures failed to muster the consideration and
approval of the Senate.

The scarcity of our land resources makes the adoption of a national land use
and management policy imperative. An inclusive, comprehensive and encompassing
national land use and management measure can provide a balance among
competing and at times contradictory land uses and priorities. It gives continuity and


stability across agencies and sectors for addressing land issues, provides
predictability, and encourages development free from any uncertainty.

The immediate passage of this bill is therefore urgent.
-_

REP. IND S. GARCIA
Distr, Bataan


Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS
First Regular Session

House BillNo.___1621___

AN ACT
INSTITUTING A NATIONAL LAND USE AND MANAGEMENT
POLICY, PROVIDING THE IMPLEMENTING MECHANISMS, AND
APPROPRIATING FUNDS THEREFOR

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

CHAPTER |
INTRODUCTORY PROVISIONS

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

SEC. 2. Declaration of Policies and Principles. — |t is the policy of the State to:

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

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

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


wewne

6
7
8
9

10

ce

RRSB SES

& RES RESBRY

SBBS

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

Toward this end, the State shall institutionalize land use and physical planning as a
mechanism for identifying, determining, and evaluating appropriate land use and
allocation patterns that promote and ensure:

1)
2)
3)
4)

5)

6)

7)

8)

9)

10)

11)
12)

Maintenance and preservation of environmental integrity and stability;
Sustainable and just management and utilization of natural resources;
Disaster risk reduction and climate risk-based planning;

Protection of prime agricultural lands for food security, with emphasis
‘on self-sufficiency through efficient and sustainable use of land
resources consistent with the principles of sound agricultural
development, natural resources development, and agrarian reform;

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

Sustainable development and management of water resources;

Settlements, transportation and other infrastructure development in
‘support of inclusive growth and rural, urban and regional development;

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

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

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

Energy security of energy self-sufficiency;

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


aueuwn

s

10
u
12
13

15
16
7

19

2a
2

24

26
27

3
32

35

37

4
42
43

13)

Meaningful and productive participation of the basic sectors.

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

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

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

Agricultural Land Use Conversion refers to the undertaking of any
development activity which modifies or alters the physical
characteristics of agricultural lands to render them suitable for non-
agricultural purposes under an approved order of conversion issued by
the appropriate government agency;

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

Ancestral Domains refer to all areas generally belonging to indigenous
cultural communities/indigenous peoples as defined in Republic Act
No. 8371, otherwise known as the Indigenous Peoples Rights Act of
1997;

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

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

Coastal Area/Zone refers to a band of 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. Its
geographic extent may include areas within a landward limit of one (1)
kilometer from the shoreline at high tide to include mangrove swamps,
brackish water ponds, nipa swamps, estuarine rivers, sandy beaches
and other areas within a seaward limit of two hundred (200) meters


ne

woraunew

un
2
B
14

15
16
7

19

a.
2
23
24
25
26
2

31
32

35

37

39

a

43

4s
46

isobaths to include coral reefs, algal flats, seagrass beds, and other
soft-bottom areas;

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

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

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

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

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

Danger Zones refer to areas with high level of threat to the lives and
well-being of people that cannot be addressed through scientific,
physical and engineering methods, and are therefore not suitable for
settlement and permanent structures. Areas can only be

Development Plan refers to a document that defines the activities and
measures that the national government or LGUs intend to implement
over a specified period of time in order to achieve the defined set of
development goals identified in the national or local physical framework
plans. It integrates socioeconomic, financial, fiscal, legal and
legislative, institutional and sectoral plans of the national government
or any of its instrumentalities or a particular LGU, consistent with the
objectives identified in spatial plans such as land use plans or physical


weune

aun

framework plans. It may include an analysis of problems and resources,
definition of goals and objectives, policy guidelines, project and target
achievements, and an implementation mechanism which defines the
roles and contributions expected from the government and the private
sector;

Disaster-Prone Areas or Geo-Hazard Areas refer to areas frequented
by and/or vulnerable to experience weather, climatic, hydrologic,
geologic, and other natural disturbances or calamities;

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

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

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

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

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

Environmentally Critical Areas refer to areas declared by law as: (i)
areas for natural parks, watershed reserves, wildlife preserves, and
sanctuaries; (ii) areas set aside for aesthetic and visual value; (ii) areas
that constitute the habitat for any endangered or threatened species of
indigenous Philippine wildlife both flora and fauna; (iv) areas of unique
historic, archaeological, or scientific interests; (v) areas that are
traditionally occupied by ICCs/IPs; (vi) areas with critical slopes; (vii)
areas frequented and/or hard _hit by natural calamities such as, but
not limited to, geologic hazards, floods, typhoons and volcanic


Beevausune

activities; (viii) recharge areas of aquifers; (ix) mangrove areas; (x) coral
reefs; (xi) mossy and virgin forests; (xii) rivers and riverbanks; (xiii)
swamp forests and marshlands; (xiv) foreshore lands; (xv) protected
areas pursuant to Republic Act No. 7586 or the NIPAS Act of 1992; and
(xvi) areas set aside as aesthetic potential tourist spots. This term shall
also include other terrestrial, aquatic and marine areas that need
special protection and conservation measures because they are
ecologically fragile or they are needed for food security and food self-
Sufficiency as determined by concerned agencies and LGUs in
consultation with the concerned stakeholders;

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

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;

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

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

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

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

Forest Land Sub-classification refers to the process of determining the
most appropriate and sustainable use of forest lands primarily as
protection forest and production forest. They may be further sub-
classified as grazing/pasture land, recreational areas and other uses
taking into account ecological, social and economic considerations;

Free, Prior and Informed Consent (FPIC) refers to the consensus of all
members of the ICCs/IPs to be determined in accordance with their
respective customary laws and practices, free from any external


dd.

hh.

manipulation, interference and coercion, and obtained after fully
disclosing the intent and scope of the activity, in a language and
process understandable to the community;

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

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

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

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

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

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


wo pune

won

SeREGRE

kk.

an.

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

Land Use refers to the manner of allocation, utilization, management
and development of land;

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

. Marine Protected Area (MPA) refers to a defined area of the sea

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

Mineral Exploration refers to the systematic searching or prospecting
for mineral resources including energy resources;

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

Multiple Use of Land Resources refer to the utilization or management
‘strategy for any land, which allows any activity, involving one or more
of its resources, depending on the result of prior evaluation on its
numerous beneficial use, that will produce the optimum benefits to the
development and progress of the country and the public welfare without
impairment or with the least injury to its other resources;

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


uu.

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;

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

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

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

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

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


Semvanewne

aaa.

bbb.

ddd,

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

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

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

Production Forest refers to forestland located in production lands
managed primarily for the production of timber and other tree products;

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

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

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

Protection Land Use refers to the use of land primarily reserved for
rehabilitation, conservation, and protection purposes and the promotion
of the country's ecological and life-support systems;


BRS SRLRE

hhh.

kkk.

mmm.

nnn.

PPP.

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

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

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

Restoration Zones refer to forest areas where activities are conducted
to restore its forested state;

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

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

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

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

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

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

Sub Classification or Reclassification of Agricultural Lands refers to the
process undertaken by the LGUs of allocating declared agricultural
lands in their respective territorial jurisdictions to specific uses such as


ses

Seree

Stes f8 RR

uuu.

residential, industrial or commercial purposes and may be used as a
basis for application for land conversion by the owners thereof;

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;

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

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

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

Tourism Estates refer to large tracts of land with well-defined
boundaries in any area, excluding those in protection lands, identified
in the Philippine tourism master plan and regional tourism master plan,
by proclamation of the President and/or by acts of Congress and/or by
local legislation and declared suited for the development of an
integrated tourism and resort complex with prescribed carrying
capacities and limits for its facilities and activities;

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

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


SRREBRES

Bese ses

aaaa.

heritage and for the appreciation and enjoyment of the local population
and its visitors;

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,

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

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

Water Security refers to the sufficient access throughout the year to the
minimum daily requirement of clean water to maintain a healthy life;

. 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;

. 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;

|. Zoning refers to the regulatory tool for delineating the specific land uses

in accordance with the approved CLUP within the territorial jurisdiction
of a city/municipality and specifying the conditions for their regulation;
subject to the limitations imposed by law and competent authority; and

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

CHAPTER II
FRAMEWORK FOR LAND USE PLANNING

SEC. 5. Basic Land Use Considerations. — Various land uses as

categorized in the succeeding section shall be determined in a manner that promotes
the policies and principles defined in Section 2 of this Act and shall consider, among
others, the following elements of the framework;


Pune

Bewrau

(a)

(b)

(c)

(d)

(e)

(9)

(h)

0)

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

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

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

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

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

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

Respect for existing customary rights and traditional land uses of
ICCsIIPs;

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

The availability of natural resources including indigenous energy
resources for energy security and self-sufficiency. However,
infrastructure energy projects such as dams with large reservoirs in


wun

SRR SEGRE Beey aun

8b 8

25

26
27
28

29
30
31
32

33

35

37

natural ecosystems shall not be allowed if it would interrupt the
connectivity of river systems, disrupt fish spawning and migration, and
alter seasonal flood regimes.

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

(a)

Protection Land Use refers to the use of land primarily reserved for
rehabilitation, conservation, and protection purposes and the promotion
of the country’s ecological and life-support systems. Planning for
protection land use intends to achieve environmental stability and
ecological integrity, ensure a balance between resource use and the
preservation of some areas with environmental, aesthetic, educational,
cultural and historical significance, aid and protect people and human-
made structures from the ill-effects of natural hazards.

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

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

(i) All existing areas within forestland containing primary and
secondary forests of whatever types or species;

(ii) All existing areas within forestland containing secondary-
growth or residual forests of whatever type or specie;

(iii) Areas identified as key biodiversity areas (KBAs);
(iv) Restoration areas;
(v) All mangrove forests;
(vi) All easement areas as defined under Presidential Decree
No. 1067, otherwise known as the Water Code of the
Philippines; and
(vii) All other areas that would be deemed appropriate for
protection, as designated by the Department of Environment
and Natural Resources (DENR), subject to the approval of
the NLUPC created pursuant to Section 55 hereof.
(2) Rehabititated and/or reforested degraded mining areas;
(3) Critical ecosystems for protection, such as:
(i) Coral reefs;
(ii) Marshes and wetlands;
(ji) Lakes and rivers;

(iv) Caves; and


1

13
14

15
16

(b)

(4)

(5)
(6)
@”
(8)

(9)

(10)

(v) Waterfalls.

Disaster-prone areas that include areas subject to, or may be
subject to:

(i) Recurrent flooding;

(ii) Liquefaction;

(ii) Tsunamis;

(iv) Storm surges;

(v) Polar vortex;

(vi) Mass wasting;

(vii) Volcanic eruption;

(vill) Direct impact of seismic activity;

(ix) Other disasters caused by climatic conditions; and

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

Critical watershed areas;
Marine protected areas;
All prime agricultural lands as defined under this Act;

Ecologically fragile and environmentally critical areas whose
conversion will result to serious environmental problems and
threats to public health and safety;

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

All other areas not included and declared as production areas
shall become protected areas.

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

a)

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


a wn ew

vou

ty
2
13

15
16
7

18
19

(c)

(i) Lands whose soils are suitable for agricultural development;

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

(iii) All lands that are traditional sources of staple food;

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

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

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

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

(ii) All areas within forestiands considered as rangelands for
grazing purposes; and

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

(4) Rangelands for grazing;
(5) Industrial development areas; and

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

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

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

(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; and


SR ESSSSSRG KREG

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

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

Provided, That the determination of the functional uses of lands within
ancestral domains should be consistent with the land use categories
provided for in this Act: Provided, further, That other subcategories of
land uses in delineated ancestral domains may be formulated by the
concemed ICCs/IPs themselves in accordance with their particular
needs and traditional resource and management systems.

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

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

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

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

CHAPTER Ill
SPECIAL AREAS OF CONCERN


ARTICLE ONE. LAND USE CLASSIFICATION

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

The Land Management Bureau (LMB) shail provide the necessary technical
information, conduct the needed assessment of the status of the existing land use
classification and submit an assessment report to the NLUPC not later than ninety
(90) days from the establishment of the latter.

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

ARTICLE TWO. NIPAS AREAS

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

ARTICLE THREE. AGRICULTURAL LANDS

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

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

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

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

Provided, finally, That pending the completion of mapping activities of the
specific areas under the NPAAAD and the SAFDZs under the AFMA and their
incorporation in the National Physical Framework Plan (NPFP), the application for


conversion of these areas shall not be given due course by the appropriate
government agency.

ARTICLE FOUR. ANCESTRAL DOMAIN

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

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

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

ARTICLE FIVE. FOREST LANDS AND RESERVATION OF WATERSHED

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

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

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

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

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

(c) _ Ridge tops and plateaus regardless of size found within or surrounded
wholly or partially by forestiands where headwaters emanate;


Sue

BES SRYRREBRE

&

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

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

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

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

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

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

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

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

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


awN

saw

SaRER BEBee

SHSB RLRREBRESESE

go

Re

REESBS

ARTICLE SIX. COASTAL ZONES.

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

(a)

(b)

(co)

(d)

(e)

(g)

(h)

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

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

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

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

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

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

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

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


ouawne

BRESoasx

Bas

RESEES

REE

BBS

geees

SRS FRSSRVKE

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

lowing:

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

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

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

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

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

The protection of flood piains shall adopt a river basin management approach,
in order to come up with integrated flood mitigation interventions. Development within
flood plains and other flood-prone areas must be controlled or, if allowed, must be so
sited, constructed and serviced that the lives of occupants are not put at risk and that
disruptions during floods are minimized. The identification and characterization of
flood-prone areas and flood plains shall be an integral part of the CLUP preparation.
The LGUs shall establish land use regulations to mitigate flood risks through the
CLUPs and ZOs.

To promote the best interest and the coordinated protection of flood plains,
the Department of Public Works and Highways (DPWH), in coordination with the
Department of Science and Technology (DOST) and the DENR, shall deciare flood
control areas, as necessary, and shall prohibit or control activities that could damage


wee

SR BEBS

2888

&

or cause deterioration of lakes and dikes, obstruct the flow of water, change the
natural flow of rivers, increase flood losses or aggravate flood problems pursuant to
the Water Code of the Philippines.

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

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

ARTICLE SEVEN. MINERAL LANDS

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

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

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

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

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

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

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


ARTICLE EIGHT. ENERGY RESOURCES

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

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

(b) Indigenous energy resource exploration, development production,
utilization, and distribution shall be subject to the appropriate
requirements and processes of the Philippine Environmental Impact
Statement (EIS) system. Each project shall secure an Environmental
Compliance Certificate (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 as defined in Section 4 hereof shall be closed to any
kind of energy resource development;

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

(e) | Renewable energy shall be preferred over other energy resource.

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

ARTICLE NINE. SETTLEMENTS DEVELOPMENT

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

SEC. 37. Settlements Within Geo-hazard Areas and/or High Risk/Danger
Zones. — Settlements within geo-hazard areas and/or high risk/danger zones shall


not be allowed. In cases where there are existing settlements within geo-hazard
areas and/or high risk/danger zones, the concerned government agencies shall
provide assistance to concerned LGUs and settlers in instituting safety and corrective
measures to address the potential danger or risk.

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

Within ninety (90) days from the effectivity of this Act, the DENR, in
coordination with concemed agencies, shall promulgate the necessary guidelines
and standards for the formulation and establishment of solid waste management
programs by cities and municipalities, and shall submit the same to the NLUPC for
review and approval.

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

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

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

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


By

S&S 8 BYREER SSB

&

these sites and their respective areas to the HUDCC. These sites shall be used
exclusively for socialized housing as defined in the UDHA.

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

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

SEC. 41. Valuation of Lands for Socialized Housing. — Equitable land
valuation guidelines for socialized housing shall be set by the Department of Finance
(DOF) on the basis of the market value reflected in the zonal valuation, or in its
absence, on the latest real property tax declaration. For sites already occupied by
qualified beneficiaries under the UDHA, and sites identified as socialized housing
zones as defined in this Act, the DOF shall factor into the valuation, the blighted
status of the land as certified by the LGU or the National Housing Authority (NHA).

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

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

(b) Along established urban growth directions;
(c) With provisions for or can be provided with basic services and utilities;
(¢) — Within the 0 to 8% slope range; and

(e) Accessible from existing built-up areas and other employment centers
through existing or proposed roads and other transportation facilities.

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

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

ARTICLE TEN. INDUSTRIAL DEVELOPMENT AREASISITES

SEC. 45. Criteria for Designating Industrial Development Areas. — The
identification and establishment of industrial development areas shall conform to the


Noawsune

10
nu

13
14

15
16

7

RBERRSS

&

BESS

aeeses

SSRSSELE

provisions of Republic Act No. 7916 or the SEZA of 1995 as amended by Republic
Act No. 8748, Republic Act No. 6657 or the Comprehensive Agrarian Reform Law
(CARL) as amended by Republic Act No. 9700 or the Comprehensive Agrarian
Reform Program Extension with Reforms (CARPER), Republic Act No. 8371 or the
IPRA, Republic Act No. 7279 or the UDHA, Republic Act No. 8550 or the Philippine
Fisheries Code as amended by Republic Act No. 10654, and Republic Act No. 8435
or the AFMA, taking into consideration the following:

(a) Identified network of areas for agricultural development and protected
agricultural areas pursuant to Republic Act No. 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, but not limited to, KBAs and
restored areas that require protection;

(e) National and Urban Development and Housing Framework;
(f) Identified Socialized Housing Zones; and

(g) National Framework for Physical Planning and other existing national
programs and policies.

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

ARTICLE ELEVEN. TOURISM DEVELOPMENT AREAS

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


Ne

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

SEC.47. _ /dentification and Preservation of Cultural Heritage. — In
accordance with Republic Act No. 10066 or the National Cultural Heritage Act of
2009, the National Historical Commission of the Philippines (NHCP), the National
Museum (NM), and the National Commission for Culture and the Arts (NCCA) in
coordination with other concemed agencies, local communities, and the private
sector, shall identify and declare areas and structures which shall be protected and
preserved as part of Philippine cultural heritage.

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

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

ARTICLE TWELVE. INFRASTRUCTURE DEVELOPMENT

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

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

(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,
rural 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 settlements development; and

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

Provided, That the provision and implementation of infrastructure support shall
be made compatible with existing environmental conditions and the physical, whether
natural or human-made, and cultural character of the area. Mandatory public
consultations pursuant to existing laws and regulations shall be held prior to the


ne

RRBSRSE

BES BEY

£6

conduct of all infrastructure projects that will necessarily involve dislocation or
displacement of people in the area.

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

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

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

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

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

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

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

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

The NPFP shall define the national strategy and objectives of the country's
urban, rural and regional development. It shall guide the rational distribution of


aw

wovan

BRES

NSRSE RESBESR BE

8BB

REESE

FSBRSe

42
43

population, access to economic opportunities and social services, sustainable
utilization of resources, and maintenance of environmental integrity.

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

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

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

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

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

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

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

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

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

SEC. 53. Provincial Physical Framework Plan (PPFP).- The PPFP shall
determine the physical development of the entire provincial territory, consolidate and


we

EB emvaus

esses

SSRBSHRERS

harmonize the comprehensive land use plans of component cities and municipalities,
consistent with the RPFP. It shall reflect the indicative land use management and
physical development direction of the province.

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

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

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

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

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

The CLUP shall delineate actual boundaries on the ground within the territorial
jurisdiction, embody the desired land use patterns of the barangay, city or
municipality, translate and integrate sectoral plans, and provide appropriate policies
for each of the four (4) land use planning categories. The spatial directions prescribed
jin the CLUP shall serve as the basis for the preparation and formulation of the


ue

BESwaovaHew

Comprehensive Development Plan (CDP) and Local Development Investment
Program (LDIP) of the LGUs.

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

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

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

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

(a) _ Formulate land use planning guidelines in the preparation of the CLUPs
and ZOs of LGUs to ensure compliance with the national policies,
objectives, priorities and directions set by the NLUPC;

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

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

The NLUPC shall act as the highest policy-making body on land use and shall
resolve land use policy conflicts between or among agencies, branches, or levels of
the government. It shall integrate efforts, and monitor developments relating to land
use and the evolution of policies.

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

The members of the Council shall be the following:


a we w

~

(a)
(b)
(c)
(a)

(e)

(9)
(h)

0)
(k)

”

(m)

The Secretary of the DAR;
The Secretary of the DA;
The Secretary of the DENR;

The Secretary of the Department of the Interior and Local Government
(DILG);

The Chairperson of the NCIP;

The Chairperson of the HUDCC;

The Chief Executive Officer of the HLURB;

The Administrator of the NAMRIA;

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

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

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

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

The Head of the NLUPC Secretariat who shall be a nonvoting ex officio
member,

The members of the Council who are Cabinet Secretaries may designate their
duly authorized and permanent representatives whose ranks shall in no case be

lower than Undersecretary.

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

(a) Guide the determination and identification of the country's strategic

(b)

land use development and physical planning objectives, priorities and
direction, as well as recommend the adoption, passage, or amendment
of laws to ensure that plans, programs, projects, and activities,
including local government initiatives affecting land use are consistent
with national development objectives;

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



BESSY

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

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

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

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

(g) __ Issue locational clearances for projects of national significance;

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

() Review the NPFP every ten (10) years;

(j) Advise the President of the Philippines and the NEDA Board on all
matters conceming land use and physical planning;

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

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

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

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 59. Regional Land Use Policy Council (RLUPC).- Atthe regional
level, the Regional Land Use Committee (RLUC) is hereby abolished and in its stead,
the RLUPC shall be created. The RLUPC shall be institutionalized, replicating the


4
2

ey auaw

Hee
RES oe

15
16

7
18

19
20
a

NLUPC structure and composition. It shall be chaired by the NEDA Regional Director
and shall exercise the following functions:

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

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

(c) Review, prior to adoption by respective sanggunians, the PPFPs and
the CLUPs of highly urbanized and independent component cities to
ensure consistency with the RPFP and national policies set forth by the
NLUPC;

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

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

(f) Coordinate and monitor the land use activities of regional line agencies
and LGUs;

(g) Evaluate consistency of major programs and projects of regional
agencies and entities with the RPFP and their impact on land use and
the environment; and

(bh) Perform other related functions as may be directed by the NLUPC.

In forest land use management, where the watershed area/continuum covers
‘several municipalities across different provinces, an inter-LGU task force composed
of representatives from the RLUPC and the concerned municipal LGUs where the
watershed area is located shall be formed. With the assistance of the DENR and
upon mandatory consultations with the concerned sectors, the inter-LGU task force
shall formulate the Watershed Management Plan for the said watershed area.

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

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

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


awNe

(a)

(b)

()

(a)

(e)

(9)

(h)

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

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

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

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

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

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

Promote cooperation and sharing of resources between and among
component LGUs of the province or with neighboring LGUs to address
common land use and development issues including those related to
geo-physical hazards, watershed and river basin management, coastal
and marine waters, climate change impact and disaster risks; and

Assist the Sangguniang Panlalawigan in reviewing the submitted
CLUPs of component cities/municipalities to ensure consistency with
the PPFP.

In cases where the watershed areas transcend the boundaries of a particular
municipality, an inter-LGU task force composed of representatives from the PLUPMB
of the municipal LGUs where the watershed area is located shall be formed.

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

(a)
(b)

(o)

(9)
(e)

The Provincial Planning and Development Coordinator (PPDC);

The Chairperson of the Sangguniang Panlalawigan Committee on
Environment and Natural Resources;

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

The Provincial Agrarian Reform Officer (PARO);
The Provincial Environment and Natural Resources Officer (PENRO);


Bemvane w

io]

REGS

REGRESS BLRAE

(f) The Provincial Agricultural Officer (PAO);
(a) The NCIP Provincial Officer;
(h) The HLURB Regional Officer;

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

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

The Board Chairperson shall be chosen from among the members.

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

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

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

SEC. 63. City/Municipal Land Use Planning and Management Board
(C/MLUPMB). — A City/Municipal Land Use Planning and Management Board or
C/MLUPMB is hereby created under this Act in all municipalities and cities, including
highly urbanized and component cities, to oversee the preparation, integration,
adoption and approval of their respective CLUPs. It shall issue a Certificate of
Compliance prior to the submission of the CLUP to the sanggunian to ensure the


consistency of such plans with approved national, regional and provincial planning
guidelines. The C/MLUPMB shall also be directly responsible for the effective
management and implementation of the approved CLUP and for ensuring that
existing and future local policies, including ZOs, development initiatives, programs
and projects introduced within its jurisdiction are consistent with and supportive of
the land use resource management and physical planning objectives, directions and
character identified by the approved CLUP.

SEC.64. Powers and Responsibilities of the City/Municipal Land Use
Planning and Management Board. - The C/MLUPMB shall exercise the following
powers and functions:

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

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

(c) _ Issue a Certificate of Compliance to the sanggunian as proof that the
CLUP is compliant with national land use policies, guidelines and
standards;

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

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

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

(g) | Advise the sanggunian on all matters pertaining to land use and
physical planning; and

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

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

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


(b) | The Chairperson, sanggunian Committee on Environment and Natural
Resources;

(c) The President of the Association of Barangay Captains (ABC);
(4) The City/Municipal Agrarian Reform Officer (CIMARO);

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

(f) The City/Municipal Agriculture Officer (C/MAO);

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

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

The Board Chairperson shall be chosen from among the members.

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

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

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


wn

ES ee v4.5

£68 BYeue

£a8

as

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

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

SEC. 66. Approval and Review of PPFP and CLUPs. - The respective
PPFP and CLUPs of the cities/municipalities, including highly urbanized cities and
independent component cities shall be submitted by the local land use boards to the
LDCs for transmission to the local sanggunian for approval.

SEC. 67. Approval of RPFP and NPFP. — The RPFP and NPFP shall be
submitted for review and approval of the RLUPC and NLUPC, respectively, upon the
conduct of appropriate stakeholder and agency consultations: Provided, That such
processes and guidelines shall be prepared and issued by the NLUPC within six (6)
months from the effectivity of this Act.

CHAPTER VIII
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SEC.68. National Mapping and Spatial Data Infrastructure Program
(NMSDIP). — A national mapping program shall be implemented, coordinated and
monitored by the Interagency Technical Committee (ITC) which is hereby created. It
shall be composed of the NAMRIA as the lead agency, the BSWM, the Forest
Management Bureau (FMB), the LMB, the Land Registration Authority (LRA), the
Protected Areas and Wildlife Bureau (PAWB), the MGB, the Philippine Institute of
Volcanology and Seismology (PHIVOLCS), the DAR, the DA, the NCIP, the National
Water Resources Board (NWRB), the DOE, the National Disaster Risk Reduction
and Management Council (NDRRMC), the NEDA, and other concerned government
agencies. The ITC shall be constituted, and the mapping and spatial data
infrastructure program shall be initiated within thirty (30) days from the effectivity of
this Act. The program shall be responsible for the production of base and decision
maps and associated spatial databases for all planning levels based on the
guidelines of the NLUPC.

Under the program, all government stakeholders concerned in the production
of maps of various themes shall collaboratively formulate the government's spatial
data infrastructure master plan and respective government agency/stakeholders’
spatial data infrastructure plans which shall be the basis for subsequent funding and
eventual project implementation and/or operation.

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

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

The spatial and non-spatial data generated by these activities shall be
transmitted to the LGU as soon as practicable. Existing land information data


Ne

we vauaw

a

23
ra

26
27

8B

31
32
33

available to the national government agencies as of the effectivity of this Act shall be
immediately transmitted to the LGUs.

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

SEC. 69. Maps for Planning. - Within one (1) year after the NLUPC's
approval of the Guidelines and Standards for planning at all levels, available NAMRIA
maps and all maps made available to NAMRIA by supporting agencies shall be
submitted to the NLUPC for national, provincial, cities and municipalities planning.
The NLUPC shall forward these maps to the respective PLUPMBs and C/MLUPMBs
after it has reviewed and approved them. Pertinent maps to be produced through the
NMSDIP shall include, among others:

(a) Topographic Maps;
(b) Geologic Maps;
(c) Hydrologic Maps;
(d) Climate Maps;
(e) Soils Maps;
(f) Slope Maps;
(g) | Mineral Resource Maps;
(h) Existing Land Use Maps;
(i) Land Suitability Maps for:
(1) Settlements;
(2) Agriculture;
(3) Industrial areas; and
(4) Others.
(j) Agricultural Maps:

(1) Network of Protected Areas for Agricultural and Agro-industrial
Development;

(2) Commodity Specific Development Guide Maps;
(3) Land Limitation Maps;

(4) Cropping System Zones Maps;

(5) Hydro-ecological Conditions Map: and

(6) Irrigation Systems Maps.


=

~ aw

10
n
2

4

16

7

18

20

23

24

26
27

(k)
0)
(m)

(n)
(0)
(p)
(a)

0

(s)
®

(uy)
(vy)
(w)
(x)
yy)
(2)

Land Classification Maps;

Municipal Waters Delineation Maps and MPAs;
Geo-Hazard Maps:

(1) Flood-Prone Areas;

(2) Hazard Zonation Maps for Volcanoes;
(3) Map of Fault Systems;

(4) Tsunami-Prone Areas; and

(5) Erosion Prone Areas.

Tourism Maps;

Transportation Maps;

Traffic Flow;

Maps Designating Areas Served by:
(1) Power;

(2) Telecommunications; and

(3) Water.

Maps indicating the following facilities:
(1) Health;

(2) Education; and

(3) Power.

Domestic Water Supply;

Industrial Areas;

Population Distribution Map;
Ancestral Domain Map;

NIPAS Areas;

Areas Suitable for Urban Expansion;
Watershed Areas; and

Forest Lands:

(1) Protection Areas;

(2) Production Areas; and

(3) Restoration Areas:


35

36

37

Se

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

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

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

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

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

(a) Forest Lands:
(1) Protection; and

(2) Production.
(b) Ancestral Domains:
(c) _ NIPAS Areas:

(1) Strict Protection Zone; and
(2) Multiple Use Zone.
(d) | Watershed Areas:
(1) Critical; and
(2) Multiple Use.

(e) Network of Protected Areas for Agricultural and Agro-industrial
Development (NPAAAD);


(f) Socialized Housing Sites and Settlement Expansion Areas;
(g) _ Extents of Environmentally Constrained Areas;
(h) Easement Areas;
(i) Critical Coastal Areas:
(1) Mangroves; and
(2) Sea grass.

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

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

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

rds,

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

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

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

SEC.75. Submission of Annual Report on the Implementation of CLUPs
and ZOs. - The local land use boards shall submit their annual report on the
implementation of their land use plans to their respective sanggunians which shall



ne

Bewvauew

41
42
43

submit the same to the RLUPCs for consolidation. The RLUPC shall thereafter
transmit the consolidated reports to the NLUPC for monitoring and evaluation.

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION

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

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

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE ONE. INCENTIVES AND AWARDS:

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

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

ARTICLE TWO. SANCTIONS AND PENALTIES

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

(a) Failure to commence development within three (3) years from the date
of the conversion order:

(1) Three percent (3%) for the first three (3) hectares;
(2) Ten percent (10%) for the next three (3) hectares; and
(3) Fifteen percent (15%) for the remaining area.


Bune

wauauw

Sens Gees

ROSSER

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

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

SEC.81. Persons Abetting Illegal Conversion. — Any person initiating,
causing, inducing, or abetting illegal conversion with intent shall be punished with
imprisonment or a fine in accordance with Act No. 3815, as amended by Republic
Act No. 10951, or Republic Act No. 3019, or both, at the discretion of the court.

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

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

SEC. 82. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas Allowed for Reclassification. — Any person initiating,
causing, inducing, or abetting the reclassification to nonagricultural uses of protected
agricultural areas as defined in Section 13 hereof shall be penalized with
imprisonment of twelve (12) years or a fine of not less than one hundred thousand
pesos (P100,000.00), or both, at the discretion of the court.

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

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

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

SEC. 83. Payment of Disturbance Compensation. — Following the order of
priority stated in Section 22 of Republic Act No. 6657, as amended by Republic Act
No. 9700, agricultural lessees and share tenants, regular farmworkers, seasonal
farmworkers, other farmworkers, actual tillers or occupants of public lands, collective,



wens

so

RSoe

BOR

ao

Bes

FSBR VR RE BE EB

Sea £ 8 8

bee

or cooperative of the above beneficiaries, and others directly working on the land
affected by agricultural land use conversion, shall be entitled to the payment of
disturbance compensation equivalent to five (5) times the average of the gross
harvests on the landholding during the preceding five (5) calendar years or a certain
Percentage of the converted land, whichever is higher, as determined by the DAR.

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

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

SEC. 86. Utilization of Fines. — The fines collected under Section 84
hereof shall automatically accrue to the Agrarian Reform Fund consistent with the
provisions of the CARL, as amended.

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

(a) _ Failure of the CLUPs/ZOs to conform to the guidelines provided in the
NPFP;

(b) Failure to complete the preparation of the CLUP despite the availability
of funds, resources, and support by the sanggunian concerned;

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

(d) _ Failure to implement and enforce the CLUP/ZO due to negligence of
duty.

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

(1) Three (3) to six (6) months, in case of non-completion of the CLUP; or
(2) Three (3) to six (6) months, in case of nonconformity with the NPFP; or
(3) Six (6) to nine (9) months, in case of non-implementation of the CLUP.

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

SEC. 88. Wlegal Conversion of City or Municipal Parks, Communal
Forests, and Tree Parks in Subdivisions. - Penalties in the amount of one hundred
thousand pesos (P100,000.00) to five hundred thousand pesos (P500,000.00), or


1
2

Nouwew

10
n

2
3

14
15
16

SES

Shh FS SESBRBYR RES REB

2ESB

imprisonment of six (6) years and one (1) day to twelve (12) years, or both, at the
discretion of the court, shall be imposed for each of the following offenses:

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

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

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

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

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

The maximum penalty prescribed shall be imposed upon the offender who
repeats the same offense, and double the maximum penalty upon the offender who
commits the same offense for the third time or more.

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

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

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

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

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

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

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


Ne

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

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

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

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

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

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

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

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

SEC. 98. Repealing Clause. — Section 10 of Republic Act No. 8435 and
Sections 447 (a2vii) and 458 (a2vill) of Republic Act No. 7160 and related laws and
administrative issuances are hereby modified by Section 13 hereof. The pertinent
provisions of Executive Order No. 648; Executive Order No. 72, Series of 1993; and
Executive Order No. 770, Series of 2008, amending Letter of Instruction (LOI) No.
1350, are also modified accordingly. Section 11 of Republic Act No. 8435 as to the



weune

Be asa

te

13
14

15

penalty for agricultural inactivity and premature conversion is also modified by
Section 83 hereof. LOI No. 1350, Series of 1983; Presidential Proclamation No.
2282, Series of 1983; and all other general and special laws, acts, decrees, executive
orders, proclamations and administrative regulations, or any part thereof which are
inconsistent with this Act are hereby repealed or modified accordingly.

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

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

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

Approved,