Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

2760

House Bill No.

Introduced by Representative Julius Cesar “Jay” V. Vergara

EXPLANATORY NOTE

All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, fora
and fauna, and other natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. There is a need
for rational, optimal and sustainable settlements development, consistent with the
principles of environmental management and equitable access to land and security.

This bill proposes to provide the national framework for a rational, holistic, and
just allocation, utilization, management, and development of the country's land to
ensure their optimum use, consistent with the principle of sustainable development.
Moreover, the bill will include mandatory consultations from the regional, provincial,
city and municipal level. Overall, the goal is to harmonize existing rules and
regulations governing the allocation, utilization, development and management of
land resources.

In view of the foregoing, the passage of this measure is earnestly urged.

JULIUS CESAR “JAY” V. VERGARA
Third District of Nueva Ecija


au een

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2769

Introduced by Representative Julius Cesar “Jay” V. Vergara

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

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

CHAPTER I
INTRODUCTORY PROVISIONS

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

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

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Pursuant to the constitutional provision or mandate, it is the policy of the
State to provide for a rational, holistic, and just allocation, utilization,
management, and development of the country’s land to ensure their optimum use
to promote sustainable socioeconomic development and ecological protection.

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

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

(a) Sustainable management and utilization of natural resources;

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

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

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

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

(f) Provision of adequate and efficient settlements, transportation and
infrastructure development in support of urban, peri-urban, and rural linkages

towards regional development and inclusive growth;


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

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

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

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

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

(1) A whole-of-society and whole-of-government orientation, through
which thrusts and strategies espoused by different actors and sectors are heard
and brought together to achieve complex and interrelated goals, is encouraged
and adopted as a basic parameter in achieving efficiency in land use and
allocation, within the framework of ecological development and equity;

(m) Promotion of the integrated approach to land use and urban transport

planning to effectively manage growth in urban areas and ensure that the capacity


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of transport facilities can accommodate the demand for movement of passengers
and goods to, from, and within the centers of socioeconomic activities;

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

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

It is also the policy of the State to ensure that local government units
(LGUs) share with the national government the responsibility of managing and
maintaining ecological balance within their territorial jurisdiction as stated in the
1987 Constitution and Republic Act RA 7160, as amended, also known as the
“Local Government Code of 1991”. Guided by the principle that the use of land
bears a social function and that all economic agents contribute to the common
good, landowners, land tenure holders, in the case of forestlands, be it an
individual, communal, corporate or group, is held responsible for developing and
conserving their lands, thereby making their lands productive and supportive of
environmental stability.

SEC. 3. Scope. — This Act applies to all lands and natural resources in the

country, whether public, private, government-owned or in the possession of any


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person, whether natural or juridical, and serves as guide for the rational, holistic
and just allocation, utilization, development and management of the land and
water resources in the country, including such activities that bear impact on those
resources.

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

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

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

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

(d) Ancestral domains refer to all areas generally belonging to
indigenous cultural communities or indigenous peoples as defined in RA 8371,

otherwise known as “The Indigenous Peoples’ Rights Act of 1997;"


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

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

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

(h) Comprehensive Land Use Plan (CLUP) refers to a plan embodying
a set of policies accompanied by maps and similar illustrations that serves as a
policy guide for determining the future use of lands and natural resources within
the territorial jurisdiction of the LGU, including municipal waters with due
consideration to the biogeographic region within which the locality belongs,
representing the community desired pattern of population distribution and

proposes future allocation of land and resources to various activities including the


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processes and criteria employed in such determination of allocation of land and
resources for a long-term management of the local territory covering a minimum
period of twelve (12) years, reviewable not earlier than every six (6) years;

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

@ Critical habitats refer to areas outside protected areas as defined in
RA 7586, otherwise known as the “National Integrated Protected Areas System
Act of 1992”, that are known habitats of threatened species and designated as
such based on scientific data taking into consideration species endemicity or
richness, presence of human-made pressures or threats to the survival of wildlife
living in the area;

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

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

posterity;


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

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

(0) Development plan refers to the activities and measures that the
national government or LGUs intend to implement over a specified period of time
to achieve the defined set of development goals identified in the national or local
physical framework plans integrating socio-economic, financial, fiscal, legal and
legislative institutional and sectoral plans of the national government or any of its
instrumentalities or a particular LGU, consistent with the objectives identified in
spatial plans, such as land use plans or physical framework plans including an
analysis of problems and resources, definition of goals and objectives, policy
guidelines, programs and projects, and an implementation mechanism which
defines the roles and contributions expected from the government and the private
sector;

(p) Ecologically fragile areas refer to areas within critical watersheds,
brackish and freshwater wetlands, pasture lands, inland rivers and waterways

coastal and settlement areas, and croplands which require rehabilitation,


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protection and whose continued unsustainable use may result in physical risks
and threats to life and property, public health and safety as well as adversely affect
the productivity of lowland agricultural areas and stability of the upland system;

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

(r) Energy resources refer to surface or subsurface substances that
serve as energy resources including traditionally mineral fuel deposits such as
coal petroleum, natural gas or renewable resources from geothermal, hydro
reservoirs or non-conventional sources such as ocean waves, solar, wind,
biomass, and other similar resources which serve the same purpose;

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

(t) Exhausted mineral resources refer to specific sites where the
mineral resources are no longer in sufficient quantity or quality to justify

additional expenditure for extraction or utilization as determined by the Mines


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and Geosciences Bureau and approved by the Department of Environment and
Natural Resources (DENR);

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

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

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

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

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

unclassified lands of the public domain;

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

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

(bb) Heritage zone refer to historical, anthropological, archaeological,
artistic geographical areas and settings that are culturally significant to the
country, as declared by the National Commission for Culture and the Arts
(NCCA) and/or the National Historical Commission of the Philippines (NHCP);

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

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

without a DAR Conversion Order;

2. the agricultural land being converted is irrigated or irrigable;

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

4. Other analogous activities.

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

(ee) Key Biodiversity Areas (KBAs) refer to the present most important

sites for biodiversity conservation worldwide which are considered places of

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international importance for the conservation of biodiversity through protected
areas and other governance mechanisms and which are identified nationally using
simple standard criteria based on their importance in maintaining species
populations;

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

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

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

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

ji) Mandatory public hearings or consultations refer to the mechanism
of involving the concerned stakeholders and communities in land use planning,
from the barangay to the national level, to ensure the social acceptability of the
plans including giving notice of hearing or consultation to the concerned
stakeholders through publication or posting in conspicuous places, conducting a

reasonable number of hearings, and soliciting positions to arrive at a consensus

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through public presentations and validation of the planning results undertaken
before the final adoption of the plans;

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

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

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

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

(00) National Integrated Protected Areas System (NIPAS) refers to the
classification and administration of all designated protected areas to maintain

essential ecological processes and life-support systems, to preserve genetic


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diversity, to ensure sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible;

(pp) National park refers to forest reservation, essentially of natural
wilderness character, which has been withdrawn from settlement, occupancy or
any form of exploitation, except in conformity with the approved management
plan and set aside as such exclusively to conserve the area or preserve the scenery,
natural and historic objects, wild animals and plants therein, and to provide
enjoyment of these features in such areas including lands and waters of the public
domain classified as such in the Constitution such as a!l areas under the NIPAS
primarily designated for the conservation of native plants and animals and
associated habitats and cultural diversity;

(qq) Network of Protected Areas for Agriculture and Agro-Industrial
Development (NPAAAD) refers to agricultural areas identified by the
Department of Agriculture (DA), through the Bureau of Soils and Water
Management in coordination with the National Mapping and Resource
Information Authority (NAMRIA), in order to ensure the efficient utilization of
land for agriculture and agro-industrial development and to promote sustainable
growth, covering all irrigated areas, all irrigable lands already covered by
irrigation projects, all alluvial plains, lands highly suitable for agriculture,
whether irrigated or not, agro-industrial croplands or lands planted with industrial
crops that support the validity of existing agricultural infrastructure and agro-

based enterprises, highlands or areas located at an elevation of five hundred (500)

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meters or above and have the potential for growing semi-temperate and high value
crops, all agricultural lands that are ecologically fragile, the conversion of which
may result in serious environmental degradation, and al! mangrove areas and fish
sanctuaries;

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

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

(tt) Prime agricultural lands refer to all contiguous irrigated
lands/areas and irrigable lands already covered by irrigation projects, including
all alluvial plain lands highly suitable for agriculture, not irrigated that have been
identified to satisfy the need for food self-sufficiency and food security and agro-

industrial croplands or lands presently planted to industrial and high value crops

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that support the viability of existing agricultural infrastructure and agro-based
enterprises, highlands or areas located at an elevation of five hundred (500)
meters or above, highly suitable for growing semi-temperate and high value crops
outside of declared permanent forestlands and protections forests, and are not
located in ecologically fragile and environmentally critical areas;

(uu) Production land use refers to the most efficient, sustainable, and
equitable utilization, development and management of land for productive
purposes which are not classified for protection land use;

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

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

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

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(yy) Strategic Agriculture and Fisheries Development Zones (SAFDZ)
refers to the areas within the NPAAAD identified for production, agro-
processing, and marketing activities to help develop and modemize, with the
support of government, the agriculture and fisheries sectors in an environmentally
and socio-culturally sound manner pursuant to Section 4 of RA 8435 or
“Agriculture and Fisheries Modernization Act of 1997";

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

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

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

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

(ddd) SUC Land Use Plan refers to a campus master plan mandated under

RA_ 11396, otherwise known as the “SUCs Land Use Development and

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Infrastructure Plan Act” that contains the allocation and utilization of the land
within a campus’ geographic boundary to meet the required academic and non-
academic support services and facilities as well as the campus development
programs and projects and the investment needed to implement them;

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

(fff) Tourism development areas refer to specific sites for tourism
development located in areas identified as priorities in the national and regional
tourism master plans and those designated through legislative and executive
issuances as tourist spots and tourist zones which may be developed into tourism

estates or integrated resort, leisure, recreation complexes, and other tourism

related facilities;

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

(hhh) Tourism estates refer to large tracts of land with well-defined

boundaries in any area, excluding those protection lands, identified in the

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Philippine tourism master plan and regional tourism by proclamation of the
President of the Philippines or by acts of Congress or by local legislation and
declared suited for the development of an integrated tourism and resort complex
with prescribed carrying capacities and limits for its facilities and activities;

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

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

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

(Ill) Urban areas refer to all cities regardless of their population density
and to municipalities with a population density of at least five hundred (500)

persons per square kilometer;

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

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

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

(ppp) Water use refers to the appropriation of water for domestic,
municipal, irrigation, power generation, inland fisheries, poultry and livestock,
industrial and commercial, environmental, and recreational use;

(qq) 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;

(rrr) Zoning refers to the regulatory tool for delineating the specific land

uses in accordance with the approved CLUP within the territorial jurisdiction of

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a city or municipality and specifying the conditions for their regulation, subject
to the limitations imposed by law and competent authority; and

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

CHAPTER II
PHYSICAL FRAMEWORK AND LAND USE PLAN

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

The Regional Physical Framework Plans (RPFPs), Provincial Physical

Framework and Development Plans (PPFDPs), and CLUPs shall cover the

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physical development of their respective territories and shall be consistent with
the NPFP: Provided, That the integration and harmonization of the physical
framework plans at all levels shall be iterative to ensure that the concerns of both
top and bottom levels of government are considered. The physical and land use
plans prepared at all levels shall have internal consistency specifically on, but not
limited to, the development, management and conservation of forestlands,
watersheds, and all terrestria!, aquatic, and marine ecosystems found within a
given territory and the linkages of the major land use categories to ensure their
complementation in the utilization, development, management, protection and
conservation of all natural — resources. The NLUC shall issue procedural
guidelines which shall guide the formulation and integration or harmonization of
land use plans at all levels: Provided, That the Department of Economy, Planning,
and Development (DEPDev), DENR, Department of Human Settlements and
Urban Development (DHSUD), Department of the Interior and Local
Government (DILG) and other agencies will continue to issue specific guidelines
on the planning process and content of the plans consistent with the NLUC
guidelines and their respective agency mandates.

SEC. 6. Regional Physical Framework Plans. — \n consultation with
concerned sectors, the Regional Land Use Policy Council (RLUPC) shall define
the desired spatial arrangement of land and - land-use activities in the entire
region, based on the consolidated and harmonized PPFDPs of provinces and

independent cities within the territorial jurisdiction of the region. The RPFP,

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which depicts an end-state scenario toward which efforts and activities are
directed, shall consist of spatially-based and area-focused policies, consistent
with those in the national framework for physical planning, to guide detailed
physical, socio-economic, sectoral and investment planning. The RPFP shall have
a planning period of twelve (12) years to be updated every six (6) years or when
deemed necessary.

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

and endorsement to the Sangguniang Panlalawigan, which shall adopt the same

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pursuant to Section 468 (2) (vii) of RA 7160. The PPFDP shall have a planning
period of twelve (12) years to be updated every six (6) years or when deemed
necessary.

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

The R2R/WEM-based CLUP will be used as the common reference
framework for the preparation of all sectoral developraent plans that will form

part of the Comprehensive Land Use and Development Plan which merges the

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traditionally separate CLUP and comprehensive development plan to address the
disconnect between spatial development and sectoral programs and to ensure the
complementation between the medium- and long-term concerns and shall be the
basis of the formulation of the local development investment program. The CLUP
shall be translated into a zoning ordinance by the concerned Sanggunian to
regulate the uses of land, including the limitations on height, density and bulk of
buildings and other infrastructure that may be placed thereon.

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

In the formulation of the respective National, Regional Provincial or
City/Municipal Land Use Plans, the respective SUC Land Use Plans approved by

the CHED prior to the approval of this Act shall be taken into consideration in

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the approval of the plans. As such, the President of the SUCs shall be consulted
prior to the approval of the said plans.

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

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

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

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

CHAPTER IIL

FRAMEWORK FOR LAND USE PLANNING

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SEC. 12. Basic Objective of Land Use or Physical Framework Planning.
~The primary objective of a physical framework plan is to describe existing land
uses and to identify an integrated physical framework, including an overall vision,
policies on social and economic development and environmental protection and
supporting transportation and other infrastructure facilities, that shall define
future development. Its output includes the identification of programs, projects
and activities needed to achieve the desired development, without compromising
environmental and ecological stability, and which shall serve as inputs to the
investment program. In the case of the CLUP, it is also intended to provide
specific development and building guidelines and parameters that be
implemented through a zoning ordinance.

SEC. 13. Priorities in Land Use Allocation and Planning. — Using the
R2R/WEM approach in projecting spatial allocation for different land uses, the
LGUs shall first exclude areas under protection land use in Section 17 (a) hereof,
national parks, energy resource lands, and prime agricultural lands to ensure
ecological integrity, energy supply, and promote food security. Areas with prior
rights and those with site-specific resources for basic services, such as but not
limited to, water and indigenous energy resources, shall also be excluded. All
land use activities inside the excluded areas that are not consistent with the
general purposes of the excluded areas shall be assessed, regulated, and/or
modified to ensure that these activities do not compromise the general purposes

of the excluded areas. Spatial allocation and planning shall then proceed in

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accordance with Sections 16 and 17 hereof with priorities given to integrated
watershed management areas, socialized housing sites, fisherfolk settlement in
coastal areas, and waste disposal sites.

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

SEC. 15. Adoption of Multiple Uses of Land Resources. — The primary
and alternative uses of a specific unit of land resource based on its capability to

support certain uses sustainably shall be determined and evaluated prior to any

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decision for the assignment of its use. Areas feasible for sustainable land resource
use may be considered multiple-use zones wherein settlements , tourism,
agriculture, forestry, agro-forestry and extraction activities and other income-
generating or livelihood activities may be allowed by concerned agencies:
Provided, That multiple uses of land resources shall be excluded in areas
identified as protection land use: Provided, further, That such land uses shall
maximize the socioeconomic benefits without compromising the desired levels
of ecosystem services within a ridge to reef unit: Provided, finally, That such land
uses shall be in accordance with priorities in land use allocation and planning
and that no reclassification shall be allowed.

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

(a) Availability of natural resources including indigenous energy
resources for energy security and self-sufficiency;

(b) Geology, geomorphology, current and emerging geologic climate-
related hazards and risks, soil, vegetative cover, demography and slope;

(c) Economic, environmental, cultural, social and related development

activities;

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(d) Existing government policies on land and natural resources
allocation, utilization, management and disposition;

(e) Technological changes or advancement;

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

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

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

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

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

of natural hazards. All lands, either public or private, under protection land use

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shall be permanently conserved, preserved, rehabilitated and protected from all
other land uses, disposition, intrusion, utilization and development that is not
consistent with its existing uses. Areas under this category also include those
covered by RA 7586, as amended by RA 11038 or the “Extended National
Integrated Protected Areas Act of 2018”, and other coastal and marine protected
areas, those areas outside NIPAS but nonetheless require protection because of
their outstanding physical and aesthetic features, anthropological significance,
and biological diversity, and those areas prone to natural hazards, such as but not
limited to the following:
(ld) Natural forests and mossy areas with more than 50% in slope
gradient;
(2) Mangrove and fish sanctuaries, pursuant to RA 8435, and RA
8550, or “The Philippine Fisheries Code of 1998”;
(3) Buffer zones or strips/easements, pursuant to Presidential
Decree (PD) 389, otherwise known as the “Forestry Reform Code of the
Philippines”, as amended by PD 705, or the “Revised Forestry Reform
Code of the Philippines” and PD 1067, or the “Water Code of the
Philippines”;
(4) Salvage zones along foreshore areas, freshwater swamps and
marshes, plazas, archaeological, and heritage or historic sites, pursuant to
Presidential Proclamation No. (PP) 2146, series of 1981 entitled

“Proclaiming Certain Areas and Types of Projects Environmentally

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Critical and within the Scope of Environmental Impact Statement System
Established under Presidential Decree No. 1586”:

(5) Watersheds supporting bulk or domestic water supply;

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

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

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

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

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

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

Corridor”.

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

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

(c) Settlements development wherein any improvement on existing
settlements in urban and rural areas or any proposed development of certain areas
for settlement purposes involves the spatial distribution of population,
identification of the roles and functions of key urban centers, determination of
relationships among settlement areas, and the provision of basic services and

facilities to such settlement. The settlements development plan ensures for the

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present and future generation the following: (1) effective integration of activities
within and among settlements, allowing efficient movement of people and
production of commodities through the provision of appropriate land,
infrastructure, and facilities; (2) access of the population to housing, education,
health care, recreation, transportation and communication, sanitation, and basic
utilities such as water, power, waste disposal, and other services; and (3) security
against risks associated with climate change and other natural hazards.

(d) Infrastructure development includes the availability or supply of
basic services and fostering of economic and other forms of integration necessary
for producing or obtaining the material requirements of Filipinos, in an efficient,
responsive, safe and ecologically friendly built environment. It covers sub-sectors
of transportation, communications, energy, water resources, and social
infrastructure: Provided, That the determination of functional uses of lands within
ancestral domains shall consider traditional resource and management systems
that do not endanger the lives of the people and property of the local community
and neighboring areas or increase the vulnerability of the natural environment to
the effects of natural and human-induced geological processes.

CHAPTER IV
IMPLEMENTING STRUCTURE AND MECHANISM

SEC. 18. Creation of the National Land Use Commission. — The National

Land Use Commission (NLUC) is hereby created as a Commission under the

Office of the President. It shall exercise the powers and responsibilities of the

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current National Land Use Committee, which is hereby abolished. The NLUC
shall be chaired by a Commissioner to be appointed by the President. The
Commissioner will have the rank of a Cabinet Secretary. The Commissioner shall
be a qualified professional in any of the fields of land use, physical planning,
environmental management, engineering, public governance or law.

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

policies.

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

the following:

(a) Commissioner of NLUC as Chairperson;
(b) Secretary of DEPDev as Vice-Chairperson;
As Ex-Officio Members:

(c) Secretary of DENR;

(d) Secretary of DHSUD;

(e) Secretary of DA;

(f) Secretary of DAR;

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

(h) Secretary of DILG;

(i) A Representative from the LGUs;

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

(k) Commissioner of the Bureau of Internal Revenue.

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

SEC. 20. Powers and Functions. - The NLUC shall have the following
powers and functions:

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

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

(c) Formulate policies and endorse land use and physical planning-
related policies that may be formulated by the RLUPC, created under Section 23

of this Act, and concerned agencies as well as promulgate zoning and other land

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use control standards and guidelines which shall guide the formulation of land
use plans and zoning ordinances by local governments;

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

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

(f) | Monitor and coordinate the gathering of data, the conduct of studies
pertaining to land use planning including studies on the management of identified
land uses and such other studies not undertaken by other government agencies;

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

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

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

and resource management and development;

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

(k) Be the repository of all RPFPs, PPFDPs and CLUPs and all data and
information pertaining to land and land use;

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

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

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

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

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

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

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serve as technical secretariat to the NLUC. The NLUO shall be headed by the
NLUC Commissioner with two (2) Deputy Commissioners with the rank of
Undersecretary.

The DHSUD - Environmental, Land Use and Urban Planning and
Development Bureau (DHSUD-ELUPDB) shall be converted into a line bureau
that shall serve as the NLUO.

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

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

CHAPTER V
REGIONAL AND LOCAL LAND USE POLICY BODIES

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

the following functions:

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

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

(c) Assist the provinces in preparing and periodically updating its
physical framework plans to ensure consistency with the regional and national
plans and policies and to facilitate its integration with the regional plans;

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

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

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

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

(h) Undertake the gathering of regional data for the land resource

information and management system; and

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

SEC. 24. Provincial Land Use Policy Council. — The Provincial
Development Council, created under Section 106 of RA 7160, shall act as the
PLUPC that will tackle land use concerns whenever necessary. A duly authorized
representative from the DENR, DHSUD, DAR, DA, DILG, and DPWH shall be
included in the composition of the PLUPC. In addition to the functions
enumerated in Section 109 of RA 7160, the PLUPC shall:

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

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

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

(d) Assist the Sangguniang Panlalawigan in reviewing the CLUPs of

component cities or municipalities to ensure consistency with the provincial

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physical framework plans and compliance with the limits prescribed under RA
7160, as amended, for reclassifying agricultural lands.

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

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

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

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

(d) Advise the local zoning board of appeals and adjustments on all

issues and conflicts relating to zoning.

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For purposes of this Act, the City/Municipal Planning and Development
Coordinator (C/MPDC) shall: (a) act on all applications for locational clearances
for all projects except those of vital and national economic or environmental
significance; and (b) monitor on-going/existing projects within their respective
jurisdictions and issue notices of violation to owners, developers, or managers of
projects that are violative of zoning ordinances.

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

CHAPTER VI

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

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

to their respective local Sanggunian for approval.

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SEC. 27. Provinces and Independent and Highly Urbanized Cities. —
Provinces and independent and highly urbanized cities shall have the power and
authority to adopt and approve their respective CLUPs, zoning ordinances or
provincial physical framework plan, as the case may be, through their respective
Sanggunian but subject to the review of the RLUPC as provided in Section 23
(d).

CHAPTER VII

MAPPING AND DATA MANAGEMENT FOR LAND USE
PLANNING

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

from the effectivity of this Act. The agencies mentioned in this Section shall

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finish their base mapping program within one (1) year upon the effectivity of this
Act.

For purposes of uniformity and standardization, the LGUs, to be assisted
by the appropriate agencies of the national government, shall likewise prepare
their respective territorial maps using scales, symbols, and other indicators to be
prescribed in accordance with this Act. The completed maps shall be integrated
in the NPFP pursuant to Section 5 of this Act.

SEC. 29. National Geospatial Information Program. — Within one (1)
year upon the effectivity of this Act, the NAMRIA, in coordination with BSWM,
FMB, LMB, BMB, MGB, PHIVOLCS, DAR, NWRB, NCIP, DOE, DEPDev,
PSA, UPRI, and other concerned government agencies or bureaus shall complete
the updating of base maps including national disaster risk maps. These base maps
and corresponding geospatial data shall be shared and disseminated to all
agencies and LGUs to serve as reference in plan preparation and other planning
activities.

SEC. 30. National Hazard Mapping Program. — Within thirty (30) days
from the effectivity of this Act, a nationwide hazard mapping and probabilistic
hazard risk assessment program shall be initiated jointly through the NLUC by
the PHIVOLCS, the Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA), NAMRIA, MGB, BSWM, DOE, and
UPRI, in coordination with the National Disaster Risk Reduction and

Management Council (NDRRMC), the Regional Disaster Risk Reduction and

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Management Council (RDRRMC), NCIP, NCCA, and other concerned
government agencies. The program shall include the generation of indicative
hazard zoning maps that will outline areas in the Philippines which are prone to
liquefaction, landslides, severe flooding, lahar, ground rupturing, tsunami, river
erosion, coastal erosion, sinkhole collapse, earthquake, lava flow, pyroclastic
flow, base surge, and other natural hazards.

For purposes of uniformity and standardization and in order to develop a
safe-built environment, the LGUs shall subsequently incorporate and integrate
the generated hazard zoning maps in their respective CLUPs. Said hazard maps
shall serve as guide for all the LGUs in the preparation of their own hazards-
constrained development plans. The NPFP, pursuant to Section 5 hereof, shall
incorporate these hazard maps.

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

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

that will support physical framework and land use planning.

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

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

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

CHAPTER VIII
SPECIAL AREAS OF CONCERN

Article 1

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Forest Lands and Reservation of Watershed

SEC. 35. Reversion of Alienable and Disposable Lands to Forestlands. —
Upon the recommendation of the Secretary of the DENR, duly reviewed and
endorsed by the NLUC, and after due consultations with the concerned LGUs and
affected parties, Congress may authorize the reversion of alienable and disposable
lands of the public domain or portion thereof to forestlands, unless they are
covered by existing titles, or actually occupied openly, continuously, adversely,
and publicly for a period required by law: Provided, That, when public interest
so requires, steps shall be taken to expropriate such lands, cancel defective titles,
or eject occupants thereof. Thereafter, said lands shall be included in the
preparation of land use plans within forestlands.

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

SEC. 37. Formulation and Implementation of Integrated Watershed
Management Plans. — A Watershed Management Council (WMC), which is a
multi-agency, inter-LGU, and multi-sectoral consortium, chaired by the DENR.
and co-chaired by the duly designated representative of the LGUs, shall be

created at the provincial level to ensure effective and sustainable resource

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management of a particular watershed and provide the development needs of
local communities. in cases where a watershed transcends more than one
province, a WMC at the regional level shall be created.

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

The DENR and the concerned LGUs shall jointly implement the Watershed
Management Plan subject to regular consultations with and involvement of the
community and other stakeholders.

SEC. 38. Establishment and Management of National Parks. — All areas
proclaimed by the President of the Philippines and Congress of the Philippines to
be under the NIPAS, unless disestablished, including those identified as initial
components of the NIPAS as KBAs, shall comprise the national parks
classification of the public domain. The DENR and concerned LGUs shall ensure
that such areas are integrated in the CLUP and physical framework plans. The
preparation of management plans of protected areas and national parks shall be
in accordance with the provisions of RA 7586, as amended, and other laws
establishing or declaring specific areas as protected areas.

Article 2

Coastal Zones

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SEC. 39. Criteria on the Allocation and Utilization of Lands within the
Coastal Zones. — The allocation and utilization of lands within the coastal zones
shall be guided by the following:

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

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

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

(d) Areas accessible to the sea and identified for fisherfolk settlement
and housing shall be allocated to traditional fisherfolk who are inhabitants of the
coastal communities and members of legitimate fishertolk organizations and/or
holders of stewardship lease contracts or titles to ancestral domains or any form
of property right arrangements who participate in coastal resource management
initiatives, subject to the usual census procedures of the DHSUD.

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

in environmental degradation and displacement of small fishers;

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

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

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

the natural, geologic and geomorphic conditions of the coast; and

(i) The free and prior informed consent of the concerned ICCs/IPs and
the necessary certification from the NCIP shall be secured before any allocation
and utilization of lands within the coastal zones that are found to be within
ancestral domains.

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

done without the following:

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

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

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

SEC. 42. Protection of Waterways, Easements and Flood Plains. —
Structures of any kind may not be built in waterways and easements. Pursuant to
PD 1067, the banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters in urban areas,
twenty (20) meters in agricultural areas and forty (40) meters in forest areas along
their margins are subject to easement of public use only in the interest of
recreation, navigation, floatage, fishing and salvage.

The protection of flood plains shall use the watershed management plan as

the reference framework in formulating flood mitigation plan. Development

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within flood plains and other flood-prone areas must be controlled or, if allowed,
must be so sited, constructed and serviced that the lives of occupants are not put
at risk and that disruptions during floods are minimized. The identification and
characterization of flood-prone areas and flood plains must be an integral part of
Watershed Management Plan that shall guide the preparation of CLUPs, local
climate change action plans local disaster risk reduction and management plans
and other prescribed thematic plans. The LGUs shall establish land use
regulations to mitigate flood risks through the CLUPs and zoning ordinances.

To promote the best interest and coordinated protection of flood plains, the
DPWH, in coordination with the DOST and DENR shall declare flood control
areas as necessary and shall prohibit or control activities that may damage or
cause deterioration of lakes and dikes, obstruct the flow of water, change the
natural flow of rivers, increase flood losses or aggravate flood problems, pursuant
to PD 1067.

Article 3
Settlements Development

SEC. 43. Municipalities, Cities, and Settlements Development. — The
development of municipalities, cities and settlements through CLUP and
implemented by the zoning ordinances of cities and municipalities are guided by
the urban zoning standards designed to maximize existing urban spaces, taking
into account the studies of pertinent government agencies on climate change. The

new and existing government buildings within the cities and municipalities shall

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comply with the government energy management program and the Inter-Agency
Energy Efficiency and Conservation Committee resolutions.

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

SEC. 45. Designation of Waste and Environment Management Site. —
Each city or municipality shall identify, designate and allocate a suitable area as
indicated in the watershed management plan within their territorial jurisdiction
to serve as sanitary landfill or solid waste disposal site as established in its solid
waste management plan pursuant to RA 9003 or the “Ecological Solid Waste

Management Act of 2000” within one (1) year from the effectivity of this Act.

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SEC. 46. Network of Settlements. — The framework and policies for the
development of network of settlements shall be provided by the National Physical
Framework Plan formulated by the NLUC. Individual settlements shall be
planned as part of a national network of settlements. The network shall be based
on existing and potential settlements; production activities, particularly those that
involve highly competitive industries and services and generate local
employment; environmental constraints and sustainability considerations.
Individual cities and municipalities shall be integrated through transportation and
other infrastructure support facilities.

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

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

(b) Along established urban growth directions;

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

(d) Ideally within the 0-8% slope range, but with mitigating measures
from slope 9-17%;

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

facilities; and

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

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

Projects”.

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

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

SEC. 49. Designation and Zoning of Socialized Housing Zones. — Each
city or municipality in urban, urbanizable and rural areas shall designate through
the CLUP adequate lands for housing or residential purposes, including socialized
housing and resettlement areas for the immediate and future needs of the local
population as well as the underprivileged and homeless in their territory, pursuant
to existing laws and regulations. In order to ensure adequate availability of lands
for the housing needs of the local population, the CLUP shall be updated, at

maximum, every twelve (12) years for provinces, cities and municipalities.

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The designated sites for socialized housing shall be located in residential
zones, and shall be zoned as socialized housing zones that are integrated in the
city or municipality’s zoning ordinance, pursuant to existing laws and
regulations.

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

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

SEC. 50. Urban Forest or Green Space. - Each city or highly urbanizing
municipality shall identify, designate, and allocate lands owned by the city or
municipality as urban forest or green space based on the guidelines and standards

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

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Article 4
NIPAS Areas

SEC. 51. Integrated Management Strategy. — For a more effective
planning, management, and protection of protected areas at the provincial, city or
municipal levels, the Protected Area Management Plan referred to in RA 7586,
as amended, must be incorporated in the provincial physical framework plan and
CLUPs, if applicable, wherein the protected area zoning must be reflected.

Article 5
Agricultural Lands

SEC. 52. Priority Areas for Agricultural Development. — Priority areas for
agricultural development shall be those agricultural areas covered under RA 6657
and those covered under NPAAAD and SAFDZ, defined in Section 4 of this Act
and in RA 8435 or the “Agriculture and Fisheries Modernization Act”.

SEC. 53. Conversion of Agricultural Lands. — Prime agricultural lands
and specific types of lands to the extent necessary for attaining food self-
sufficiency in rice and food security in other basic commodities, as determined
by the DA, subject to mandatory consultation with the LGUs, the private sector,
the NGOs, and POs, shall be protected from conversion, which shall include but
not limited to areas under the NPAAAD and SAFDZ: Provided, That all irrigated
and irrigable lands, all lands developed or possessing the potential for
development of high value crops, and all agricultural lands that are ecologically

fragile and whose conversion will result in serious environmental problems shall

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be given full protection from conversion, the areas under which are subject to
review every - six (6) years by the DA, with the mandatory public consultations:
Provided, further, That consistent with the State policy on giving priority to the
completion of the comprehensive agrarian reform program, all lands subject to
the comprehensive agrarian reform program including those lands covered under
notice of compulsory acquisition or voluntary offer to sell, production or profit-
sharing, or commercial farm deferment shall also be protected from conversion
pending the distribution and installation of the farmer beneficiaries, but
thereafter, Section 22 of RA 9700 shall apply: Provided, furthermore, That the
conversion of prime agricultural lands for use in priority government projects for
basic services such as, but not limited to, irrigation and power shall be allowed
only upon the recommendation of the Secretaries of the DA and the DAR:
Provided, finally, That the mapping of the NPAAAD under the RA 8435 shall be
completed within one (1) year from the effectivity of this Act. Lands defined
under Section 10 of RA 6657 shall remain exempted and excluded from the
coverage of the comprehensive agrarian reform program. With due consideration
of the above-mentioned conditions that provides for the full protection of prime
agricultural land, only then, upon approval by the DAR of the application for
conversion, agricultural lands are deemed converted to non-agricultural uses.
SEC. 54. Sub-classification or Re- classification of Agricultural Lands
by LGUs. — Sub-classification or re-classification of agricultural lands to other

uses under Section 20 of RA 7160 shall exclude the protected agricultural lands

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as stated in the preceding section. Moreover, such sub-classification or
reclassification is not synonymous to conversion. Further, such sub-classification
or re-classification shall not result to land uses that are in conflict with the
prescriptions of the watershed management plans. The DA and DAR shall
provide the LGUs with complete list and maps of protected agricultural lands
within their territorial jurisdictions.

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

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

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

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

establishment;

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

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

(f) Protection forestlands and agricultural lands shall be exempt from
mining activities to minimize the effect of natural calamities and to protect food
security respectively. The small to large scale mining operations shall yield from
and recognize the tenurial instrument given by the government such as original
certificate of title, transfer certificate of title, certificate of ancestral domain title,
emancipation patent-certificate of land ownership award and other instruments.
If these be present, mining activity shall be allowed subject to clearances and
consent, and: Provided, That mining activity shall not conflict with the
prescriptions of watershed management plans and shall not have serious
environmental and ecological problems.

SEC. 56. Reversion of Mineral Lands, — All mineral lands with exhausted

mineral resources, as determined by the MGB upon the recommendation of the

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DENR, shall revert to its original land classification, that is, as forestland or
agricultural land. In the case of forestlands, the DENR may classify such areas
for other purposes in consultation with concerned LGUs, DOT, and other national
government agencies, and consistent with the prescriptions of the watershed
management plans.
Article 6
Energy Resources

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

(a) Indigenous energy resource exploration and development for the
purpose of creating a national energy resource inventory and data base as well as
an energy resource block map are allowed, subject to the prescriptions of
watershed management plans and other land management plans;

(b) Indigenous energy resource exploration, development, production,
utilization, and distribution are subject to the appropriate requirements and
processes of the Environmental Impact Statements (EIS) system. Each project

must secure an ECC prior to project implementation to ensure that adequate and

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appropriate environmental management measures and optimum methods for
resource access and recovery are used;

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

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

(e) Renewable energy is preferred over other energy resource.

SEC. 58. Reversion of Energy Resource Lands. — All exhausted
indigenous energy resource lands, as determined by the DOE, which are not
covered by proclamations must automatically revert to the category of forestlands
or agricultural lands, open to disposition, whichever is appropriate, unless the
DENR classifies such areas for other purposes consistent with the prescriptions
of watershed management plans. Exhausted energy resource lands are specific
energy resource sites that the energy reserves of the desired type or types are no
longer in sufficient quantity or quality to justify additional expenditure for its
extraction and utilization.

Article 7

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Industrial Development Areas or Sites

SEC. 59. Criteria for Designating Industrial Development Areas. - The
identification and establishment of industrial development areas shall conform to
the provisions of RAs 7916, 6657, 8371, 7279, 8550, and 8435, taking into
consideration the following:

(a) Identified network of areas for agricultural development and
protected agricultural areas pursuant to the RA 8435;

(b) National policies on the regional dispersal of industries and agri-
based industrial development;

(c) Identified growth areas and corridors in the National Development
Plan;

(d) | NIPAS and non-NIPAS areas such as KBAs and restored areas that
require protection;

(e) National and Urban Development and Housing Framework;

(f) Identified socialized housing zones;

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

(h) Prescriptions of watershed management plans.

The designated industrial development areas must be located only in
production land uses areas and shall form an integral part of the land use plan and
zoning ordinance of the city or municipality where these areas are located

pursuant to RAs 6657, 8371, 7279, 855, 8435, and 7160, as amended.

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Article 8
Tourism Development Areas

SEC. 60. Designating Tourism Development Areas. — The identification,
selection, and development of tourism development areas, and Tourism
Enterprise Zones shall be done in consultation and coordination with the LGUs,
TIEZA, DOT and other national government agencies, the private sector and the
affected communities subject to the provisions of RA 9593, otherwise known as
“The Tourism Act of 2009.” Tourism development areas include those covered
by legislative and executive issuances such as tourist spots, tourist zones and
tourism ecozones which can be developed into tourism estates or integrated
resort, or integrated resort leisure and recreation complexes. Other tourism-
related facilities and those identified in the national, regional and area-specific
tourism master plans and other sector plans, such as ecotourism and agri-tourism
sites are also considered as tourism development areas. The sites designated for
tourism development must be outside of the areas identified for protection land
use. As much as practicable, community-based tourism shall be the principal
mode of tourist spot operation. RAs 6657, 8371, 7279, 8435, 7160, and EO
111, series of 1999, which provided for the national ecotourism strategy, shall
apply to all tourist zones and tourist development areas.
Designated areas for tourism development form part of the CLUPs and zoning

ordinances of the cities or municipalities where these areas are located.

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

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

Declared and known archaeological sites shall likewise be protected by the
NCCA, the DHSUD, NCIP, other concerned government agencies, and LGUs
against modification, alteration, or destruction.

Article 9
Infrastructure Development

SEC. 62. Strategic Transport Network. — The national government,
through the Department of Transportation, shall establish a strategic and
sustainable multimodal transport network that provides connectivity within the
national network of settlements. Such connectivity shal! include linkages among.
existing and proposed priority urban centers, rural arcas, production hubs and

tourism zones, distribution centers and markets, and key international points of

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entry. It shall be developed to promote network efficiency and social service
delivery, to catalyze areas identified critical for economic growth, while
minimizing negative impacts to environmentally-critical and protected areas as
identified in the watershed management plans.

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

SEC. 63. Allocation and Use of Land for Infrastructure Development. —
Land, whether public or private, shall be allocated and utilized for priority
infrastructure projects that are supportive of national or local development
objectives. The DEPDey, in consultation with the national government agencies,
LGUs and the private sector, shall identify and periodically review, update or
revise the list of priority infrastructure projects under an over-all national strategic
infrastructure development plan subject to the provisions of this Act, RA 8435
and RA 8371. The national strategic infrastructure development plan must be
consistent and integrated in the objectives and directions of the NPFP.

In determining and evaluating the list of priority infrastructure projects,

consideration shall be given to those that:

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(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 settlement development; and

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

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

The proponent of the infrastructure project shall follow the rules on just
and humane eviction or demolition under Section 28 of RA 7279 as a last resort,
notwithstanding the provisions of RA 8975, prohibiting lower courts from issuing
temporary restraining orders, preliminary injunctions or preliminary mandatory
injunctions. The proponent shall also follow the provisions of RA 8371,
particularly those pertaining to the rights of IPs or ICCs in case of displacement.

The national government infrastructure projects shall, after determining that

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displacement is unavoidable, include the budgetary requirements for the adequate
relocation of displaced communities.

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

Existing projects that were undertaken without the required environmental
impact assessment and which pose a threat to the environment, or to the integrity
of historic, archeological or scientifically significant areas, or impinge on critical
ecosystems, and other areas identified in the watershed management plans may
be terminated immediately or gradually phased-out and relocated. If the existing
project is to be maintained within their life span, mitigating measures must be
adopted and implemented. The rules on mandatory public hearings or
consultations and just and humane eviction or demolition shall also be observed
prior to the termination, gradual phase-out, or relocation of projects that
necessarily involve dislocations or displacement of the people in the area.

Article 10

Agro-Industrial Development

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SEC. 65. Land Consolidation for Agro-industrial Development. - The
consolidation of small-scale agricultural landholdings shall be promoted to take
advantage of economies of scale in agricultural production, to promote value
chain development, and to increase farm incomes and improve the quality of life
of farmers. A Land Consolidation and Utilization Program under the DA shall be
established. The program shall implement the following:

(a) Consolidation of small contiguous landholdings into bigger
agricultural estates for farm operations and agro-industries;

(b) Crafting of a comprehensive plan and study of the optimum
utilization and long-term productivity of bigger landholdings;

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

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

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

CHAPTER IX

TRAL

|G, EDUCATION AND VALUES FORMATION
SEC. 66. Values Formation. — \n order to develop a well-informed,

responsible and committed citizenry, who value the protection, conservation and

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development of the limited land and other physical resources of the country, the
CHED, with prior consultation with concerned stakeholders, may include a
subject or topic on sustainable land use in the general education curriculum of
higher education institutions.

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

representatives of NGOs, POs, the religious sector and the general public.

CHAPTER X

INCENTIVES, SANCTIONS AND PENALTIES

Article 1
INCENTIVES
SEC. 68. Formulation of a System of Incentives and Awards, — The
NLUC shall come out with a system of incentives and awards to LGUs that
regularly update their CLUPs within the prescribed period, as follows:

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

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

SEC. 69. Priority in Giving Technical Assistance to LGUs. — In providing
technical assistance and other forms of support related to land use management
and the implementation of development plans, the national government agencies
shall give priority to cities and municipalities with approved CLUPs. The same
assistance and support shall also be provided to the _ fifth (5") and sixth (6")
class municipalities: Provided, That the lack of technical assistance shall not

exempt said municipalities from the provisions of Section 70.

Article 2
SANCTIONS AND PENALTIES

SEC. 70. Failure to Formulate, Enforce, or Implement the CLUPs.
— Within three (3) years from the effectivity of this Act, all LGUs shall complete
the formulation of their CLUPs.

Failure to formulate, enforce or implement the CLUPs shall be subject to
the penalties and sanctions to be imposed by DHSUD pursuant to RA 11201,
otherwise known as the “Department of Human Setilement and Development

Act” and its Implementing Rules and Regulations. The DILG, consistent with due

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process, shall investigate, review, and impose appropriate action regarding local
chief executives and other local officials and employees responsible for the
formulation, enforcement, and/or implementation of the CLUPs in case of any of
the following:

(a) Failure to implement and enforce the CL.UP due to negligence of
duty;

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

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

SEC. 71. Causing Irrigated Agricultural Lands to be Idle.— Any person

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

SEC. 72. Person Abetting IMlegal Conversion. — Any person initiating,

causing, inducing, or abetting illegal conversion as defined in Section 73(c) of

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RA 6657, as amended, and Section 4(cc) of this Act shall, upon conviction, be
imprisoned from seven (7) to twelve (12) years and imposed a fine of not less
than One hundred thousand (P100,000.00) pesos, or both at the discretion of the
court: Provided, That if the offender is a public official or employee, whether
elected or appointed, the penalty shall, in addition thereto, include dismissal
through permanent separation from the service and forfeiture of all benefits and
entitlements accruing to the public position and perpetual disqualification to run
or apply for any elective or appointive public office: Provided, further, That if
the offender is a juridical person, the penalty of imprisonment shall be imposed
on the president, chief executive officer, manager, chairperson and all the
members of the board, and other responsible officers thereof, and the fine shall
be equivalent to the zonal value of the land or forty percent (40%) of the
shareholders equity, as determined at the time of judgment whichever is higher,
plus forfeiture of the land in favor of the State for sale though public auction, the
proceeds of which shall automatically accrue to the Agrarian Reform Fund as
provided for in Section 79 of this Act.

SEC. 73. Fine for Non-Completion and Non-Commencement of
Development of Agricultural Lands with Approved Order of Conversion. — A
landowner and designated developer or duly authorized representative who,
without justifiable cause, fails to commence or complete the development of

agricultural lands with approved order of conversion shall be penalized, jointly

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or severally, with any of the following fines based on the zonal value of the land
at the time the fine is imposed:

(a) On failure to commence within one (1) year from the date of
conversion order:

(d) Six percent (6%) of the zonal value of the subject land for the
first three (3) hectares;

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

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

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

SEC. 74. Change of Use from the Previously Authorized Conversion
Order. — The landowner and future landowners of the property approved for

conversion shall not change its use to another use not authorized under the

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Conversion Order without prior consent from the DAR. This prohibition extends
to changes in housing standards, changes in selling schemes, changes from social
housing to open market housing or vice-versa, and all other similar changes.
Violation of which shall be penalized with revocation of Conversion Order and
forfeiture of cash bond.

SEC. 75. Payment of Disturbance Compensation. — Following the order
of priority as enumerated in Section 22 of RA 6657, as amended, qualified
beneficiaries such as agricultural lessees and share tenants, regular farm workers,
seasonal farm workers, other farm workers, actual tillers or occupants of public
lands, collective, or cooperative of the above-mentioned beneficiaries, and others
directly working on the land affected by agricultural land use conversion shall be
entitled to the payment of disturbance compensation equivalent to five (5) times
the average of the gross harvests on the landholding during the last five (5)
preceding calendar years or a certain percentage of the converted land, whichever
is higher, as determined by the DAR.

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

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

issued to illegally converted agricultural lands.

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SEC. 78. Penalty for Reclassification of Protected Agricultural Lands
and Exceeding the Limit of Areas Allowed for Reclassification. — Any person
initiating, causing, inducing or abetting the reclassification to non-agricultural
uses of protected agricultural areas as defined in this Act shall be punished with
imprisonment of twelve (12) years or a fine of not less than One hundred thousand
Pesos (P100,000.00), or both, at the discretion of the court.

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

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

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

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

CHAPTER XI

TRANSITORY AND FINAL PROVISIONS

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

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

SEC. 82. Congressional Oversight Committee on the Land Use Act. ~
There is hereby created a joint congressional oversight committee to monitor the
implementation of this Act. The committee shall be composed of seven (7)
senators and seven (7) representatives to be appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The members
from the Senate shall be appointed based on proportional representation of the
parties or coalitions therein, with at least two (2) senators representing the
minority. Likewise, the representatives from the House of Representatives shall
be appointed based on proportional representation of the parties or coalitions
therein with at least two (2) Members representing the minority.

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

SEC. 83. Appropriations. - The amount necessary for the initial

implementation of this Act shall be charged against the current year’s

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appropriations of the departments and agencies concerned. Thereafter, such
amount shall be included in the annual General Appropriations Act.

SEC. 84. Review of the Existing Land Use Plans. — Provinces, cities, and
municipalities with existing land use plans shall review, revise, reconcile, and
harmonize their respective land use plans in accordance with the guidelines and
standards issued by the National Land Use Commission (NLUC) within one (1)
year from the effectivity of this Act.

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

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

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

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

or modified accordingly.

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

Approved,

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