A4'4'';.;\"e6
3Republf t of tbc mbtL{pp(«eS
iBousp o{ 3Reprcgentat(bcs
®up3o" ®ttp, fl{letro flita"tla
Nineteenth Congress
First Regular Session
Ho:;`;:i:iNo.6275
RECEIVED   €<1
=    DATE:tyflun202ti
*    T"E;=m:_th    ,*
BY:_htlL
Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTYLIST
EXPLANATORY NOTE
Given  the  finite  and  irreversible  character  of  land  as  well  as  its  economic  value,  it  is
imperative  to  provide  a  consistent policy,  legal,  and  institutional  framework that would  promote
efficient allocation, use and management of the land, subject to the constitutional  mandates on its
social  function,  distributive  justice,  reduction  of  socio-economic  and  political  inequalities,  and
diffusion of wealth.
The National Framework for Physical Planning (NFPP)  evolved from the National  Physical
Framework plan (NPFP) which was prepared by the National Land Use Committee (NLUC) in  1992
and adopted as a planning document through Presidential Proclamation No. 65, entitled "Approving
the National Physical Framework Plan for 1993 to 2022''. In 1997, however, it was replaced by the
National  Framework  for  Physical  Planning  2001-2030  prepared  by  the  National  Economic
Development  Authority  -  National  Land  Use  Committee  (NEDA-NLUC)  with  a  vision  of  national
development anchored on sustainable development and growth with social equity.
The   NPFP   provides   the   analytical   parameters   for   the   planned   allocation,   use   and
management  of  the  country's  land  and  other  physical  resources.  It  is  intended  to  serve  as  a
framework  through  which  the  planning  and  management  of these  resources  are  guided  at  the
national  and  subnational  levels;  specifically,  the  Regional  and  Provincial  Physical  Development
Framework and Development plans, and the City and Municipal Land Use Plans.
However, on the ground, many policy gaps and implementation issues have been observed
and  these  necessitate  immediate  policy  action.    For  one,  our  existing  land  laws  that  overlap  or
conflict with other sectoral laws. Different government agencies govern land use according to their
respective  mandates  implementing their own  requirements  and  standards  of operation. There  is
also lack of complementation in the reclassification and conversion of prime agricultural lands.


Second,  there  are  misalignments,  lack  of  coherence  of  different  plans,  and  incomplete
information  exchange  between  government  agencies  and  local  government  units  (LGUs)  in  the
preparation of Comprehensive Land Use Plans (CLUPs) and the Comprehensive Development Plans
at  various  levels  of  local  governance.  It  is  often  a  result  of the  limited  capacities  of  LGUs  and
politicized prioritization of powerful local executives, their families and business cohorts.
Moreover, our existing cadastral systems are largely disconnected with exact delineations of
land parcels  missing. These  are crucial as the tenure status  determines the potential land use for
landowners or land dwellers. Unresolved issues of tenurial rights and land titling further aggravate
the problem.
The  bill  seeks  to  institutionalize  a  National  Physical  Framework  Plan  (NPFP)  that  would
serve   as   reference   and   guidance   in   harmonizing   sector-specific   land-use   policies   and   in
strengthening   land-use   planning   in   various   levels   of   local   governance,   with   standardized
mechanisms in determining future allocations of land resources given the competing needs for food,
housing, industrial development, environmental conservation, preservation of indigenous cultures,
as well as health, energy and disaster-related concerns.
Specifically, the  NPFP shall  be  used  in:  identifying physical  planning issues  and  concerns,
particularly  those  that  are  relevant  to  both  local  and  national  levels;  recognizing  inter-sectoral
linkages involved in the use and allocation of land and other physical resources; and in appreciating
the physical and competitive environments that initiate, foster, or discourage land using activities.
Finally,  the  planning  process  should  ensure  the  integration  and  complementation  of the
Physical  Development Framework and  Plans,  Comprehensive  Land Use  plans  and  Comprehensive
Development  Plans  in  all  levels  through  a  combination  of  bottom-up  and  top-down  (iterative)
approach,  consistent with the  National  Physical  Framework Plan and the  Philippine  Development
Plan (PDP), with mandatory consultations conducted in all levels.
For the foregoing reasons, the immediate consideration and approval of this bill is earnestly
urged.
-I,I-,: -,---- `-     : -----   i:i   --=.--A-; -----
HON. MARISSA ``DEL MAR" MAGSINO


ofquf-p-?E-S€dy>
3¢  ,,i€",L=i'  7€
^4,{,';.;\t,ee,
3Republf t ot tbe asb(ltpptneg
Z)ou8e o{ 3Rgprpgentdtibeg
®uc3o« ®ttp, givetro giva«iL8
Nineteenth Congress
First Regular Session
Hori`s:` B-ill NO.  6 2 7 5
Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTYLIST
ANACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE IMPLEMENTING
MECHANISMS AND APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
SECTION  1.  Title. -This Act shall be known as the "National Land Use Act of the Philippines."
SECTION   2.  Declaration of Policies and Principles. -  It is the policy of the State to protect and
advance the right of the  Filipino  people to a balanced and healthful  ecology through  the  rational
allocation,  utilization,  development and  management of the  country's  land  and  resources  therein
that is consistent with the principles of sustainable development and inclusive growth.
Toward  this  end,  the  State  shall  institutionalize  land  use  and  physical  planning  as  a
mechanism for identifying and evaluating alternative land use patterns that promote and ensure:
a)    Settlements, transportation and other infrastructure development in support of global
urban competitiveness and inclusive growth;
b)   Improved access to affordable, livable and resilient housing through various means such
as  by  increasing  land  supply  through  direct  land  allocation  and  land  banking,  better
access   to   unutilized   lands,   including   unutilized   government-owned   lands,   and
promotion of multiple uses and higher densities, where appropriate;
C)    Energy security and energy resiliency;
d)   Protection   of   prime   agricultural   lands,   i.e„   Strategic   Agricultural   and   Fisheries


Development  Zones  (SAFDZ),  for food  security in  rice  and  corn  and  other basic  food
commodities;
e)    Protection    of   water    resources,    including    critical    watersheds    and    watershed
reservations, in support of water and food security;
0     Protection and proper utilization and management of the country's natural resources;
g)   Protection and conservation of the country's natural heritage and biodiversity;
h)   Protection and preservation of Filipino historical and cultural heritage;
i)     Integration of Disaster Risk Reduction (DRR) and Climate Change Adaptation  (CCA)  in
land use and physical planning;
j)     Market  orientation  within  the  framework  of  intergenerational  factors  in  achieving
efficiency in land use allocation;
k)   Public-Private Partnership where government provides the appropriate policy, legal and
institutional framework to guide the private sector's use of land;
I)     Equitable access of basic sectors to the country's land by regulating land valuation  to
prevent land pricing speculation;
in)  Respect  for  and  recognition  and  protection  of the  rights  of the  Indigenous  Cultural
Communities/Indigenous  Peoples  (ICCs/IPs)  to  their  ancestral  domains,  compliance
with  Free,  Prior  and  Informed  Consent  (FPIC)  of ICCs/lps  as  well  as  recognition  of
customary laws and sustainable traditional resource use and management, indigenous
knowledge systems, and practices in ancestral domains; and,
n)   Community participation in the management and protection of land resources.
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 Constitution and Republic Act (RA)  7160 or the  1991  Local
Government Code (LGC).
Further, it is the policy of the State to encourage landowners to develop and conserve their
lands  and  make them  productive  and  supportive of sustainable  development and  environmental
stability guided by the principle that the use of land bears a social function and that all  economic
agents shall contribute to the common good.
SECTION  3.  Scope. -  This Act shall apply to all lands, whether public, private, government-owned,
and/or  in  the  possession  of  individuals,  communities,  indigenous  peoples,  or  private  groups,
including  corporations,  and  shall  guide  and  govern  the  use,  allocation,  and  management  of land,
including such activities that bear impact on said resources.
CHAPTER 11
DEFINITIONS
SECTION  4.  Definitions. -  As used in and for purposes of this Act, the following terms shall mean:
a)        "Adaptotl.oJl''refers to the adjustment in natural or human systems in response
to actual or expected climatic stimuli or their effects, which moderates harm or
exploits beneficial opportunities;
b)        "Agrl.cHJtwraJ land" refers to lands devoted to or suitable for the cultivation of
the soil, planting of crops, growing of fruit trees, raising of livestock,  poultry,
fish or aqua-culture production, including the harvesting of such farm products,


and  other  farm  activities  and  practices  performed  in  conjunction  with  such
farming  operations  done  by  persons  whether  natural  or  juridical  and  not
classified by law as  national  parks,  mineral land, forest land, residential  land,
commercial land, or industrial land;
c)        "AgIT.cultrmrJ   land   use   coJlversl.oJi"   refers   to   the   undertaking   of   any
development  activity  which  modifies  or  alters  the  physical  characteristics  of
agricultural lands to render them suitable for specific non-agricultural use as
indicated   in   the   approved   order  of  conversion   issued   exclusively  by  the
Department of Agrarian Reform (DAR);
d)       "Agricultural  land  reclassification"  refers  to  the  act  o[  specifying  how
agricultural lands shall be utilized for non-agricultural uses such as residential,
industrial,  commercial,  as   embodied  in  the   land  use  plan,  subject  to  the
requirements and procedure for land use conversion, undertaken by the Local
Government Unit (LGU) in accordance with Section 20 of RA No. 7160;
e)        "All.enable and dl.sposabJe JaJids'' refer to  lands  of the public domain which
have  been  delineated,  classified,  and  certified  as  such  and  are  available  for
disposition under Commonwealth Act No.141, otherwise known as the "Public
Land Act," as amended. No land of the public domain eighteen percent (18%) in
slope or over shall be classified as alienable and disposable lands, subject to the
provisions  of  Presidential  Decree  No.  705,  otherwise  known  as  the  Revised
Forestry Code of the Philippines;
I)         "AncestrtlJ  domfll.Jls"  refer  to  all  areas  generally  belonging  to  ICCs/lps  as
defined  in  RA  8371,  otherwise  known  as  the  Indigenous  Peoples  Rights  Act
(IPRA) of 1997;
g)       ``Ancestral    Domain    Sustainable    Development    and    Protection    Plan
fADSDPP)"  refers  to  a  plan  formulated  and  pursued  in  accordance  with  the
rights of ICCs/Ips to manage and develop the land as well as natural and human
resources within their ancestral domains based on their indigenous knowledge
systems   and   practices   on   the   principle   of   self-determination   and   self-
governance;
h)        "Bi.ode.versl.ty'' refers to the variability among living organisms from all sources
including terrestrial, marine, and  other aquatic ecosystems and the ecological
complexes of which they are part. This includes diversity within species and of
ecosystems;
i)        "CoastoJArea/Zone" refers to a band of dry land and the adjacent ocean space
(water and submerged land)  in which terrestrial  processes and uses  directly
affect  oceanic  processes  and  uses,  and vice  versa.  Its  geographic  extent  may
include areas within a landmark limit of one (1) kilometer from the shoreline at
high  tide  to  include  mangrove  swamps,  brackish  water  ponds,  in.pcz  swamps,
estuarine rivers, sandy beaches and other areas within a seaward limit of 200
meters isobath to include coral reefs, algal flats, seagrass beds, and other soft-
bottom areas. For purposes of initiating and implementing sustainable coastal


resources protection and management, it shall include foreshore lands;
j)        "Comprehensl.ve land use prdJi" fcLUpj refers to the document formulated by
the  local  government  in  consultation  with  its  stakeholders,  that  defines  or
provides guidelines on the allocation, utilization, development and management
of all lands, within a given territory or jurisdiction, including municipal waters,
according to the inherent qualities of the land itself and supportive economic,
demographic, socio-cultural and environmental objectives;
k)        "CJI.mate  CJiange"  refers  to  a  change  in  climate  that  can  be  identified  by
changes in the mean and/or variability of its properties and that persists for an
extended period typically decades or longer, whether due to natural variability
or as a result of human activity;
I)         "CJI.mate cJiange adaptoti.on" refers  to  the  adjustment in  natural  or human
systems in response to actual or expected climatic stimuli or their effects, which
moderates harm or exploits beneficial opportunities;
in)      "Crl.ti.caJ watershed" refers  to  a  drainage  area  of a  river  system  supporting
existing and proposed hydroelectric power, domestic water consumption, and
irrigation  works  needing immediate  rehabilitation  as  it  is  being  subjected  to
fast denudation causing accelerated erosion and destructive floods;
n)        "Cultural Jlerl.tqge'' refers to the totality of cultural properties preserved and
developed through time and passed on for posterity;
o)        `'DeveJopmeJ][  plan"  refers   to   a   document  that  defines   the   activities   or
measures that the national government or LGUs intend to implement in order to
achieve a defined set of development goals.  It integrates the socioeconomic and
sectoral plans of the national government or its instrumentality or a particular
LGU with spatial plans such as land use or physical framework plans.    It may
include   an   analysis   of  problems   and   resources,   definition   of  goals   and
objectives,   policy   guidelines,   project   and   target   achievements,    and   an
implementation mechanism which defines the roles and contributions expected
from the government and the  private  sector.   Development plans  include  the
national-level Philippine Development Plan (PDP) and its counterpart plans at
the regional, provincial and local levels  called the Regional  Development Plan
(RDP), the Provincial Development and Physical Framework plan (PDPFP) and
the Comprehensive Development Plan  (CDP).   These plans are translated into
medium-term investment programs, also prepared at the national, regional and
local   levels,   where   programs,   projects   and   activities   derived   from   the
development  plans  are  ranked,  prioritized,  and  matched  with  investment
financing capacities;
p)       "Dl.saster  rl.sk  redrctl.on"  refers  to  the  concept  and  practice  of  reducing
disaster  risks  through  systematic  efforts  to  analyze  and  manage  the  causal
factors of disasters, including through reduced exposure to hazards, lessened
vulnerability  of  people   and   property,  wise   management  of  land  and  the
environment, and improved preparedness for adverse events;


q)       "EcoJogl.caJJy-fragi.Je  lands"  refer  to  lands  within  the   critical  watershed,
brackish and freshwater wetlands, pasture lands, and croplands which require
rehabilitation  and  whose  continued  unsustainable  use  would  lead  to  land
degradation and adversely affect the productivity of lowland agricultural areas
and the stability of the upland system;
r)        "Energy   resource   lands"   refer   to   lands   where   naturally   occurring   or
indigenous energy resources exist;
s)        "EJlengy  resoHJices" refer to  surface  or  subsurface  substances  that  serve  as
energy  sources.    These  are  traditionally  mineral  fuel  deposits  such  as  coal,
petroleum,   natural   gas   or  renewable   energy  resources   such   as   biomass,
geothermal, solar, hydro, ocean, wind and other similar resources which serve
the same purpose;
t)         "Envl+onmentoJJ)J-crl.tl.caJ areas" refer to areas that are  exposed to  hazards,
perform vital environmental service functions, historically and archaeologically
important,     ecologically    unique,     socio-culturally    important,     habitat    of
endangered  or  threatened  species  where  such  areas  need  to  be  protected,
conserved and monitored;
u)       "EXJlawsted  mineral  rgsowrces"  refer  to   a   situation   where   the   mineral
resources   in   specific   sites   are   no   longer  in   sufficient  quantity  to  justify
additional expenditure for extraction or utilization;
v)        ''Food secHrl.ty'' refers to the policy objective of meeting the food availability,
accessibility,   and   affordability   requirements   of   the   present   and   future
generations  of Filipinos  in a sustainable  manner, through  local production  or
importation,  only when  there  is  shortage  established  based  on  a  micro  level
situation,  or  both,  based  on  the  country's  existing  and  potential  resource
endowments   and   related  production  advantages,  and   consistent  with   the
overall national development objectives and policies;
w)       `'FJoodpJain'' refers to portion of river valley adjacent to river channel which is
covered with water when river overflows  its banks at flood stages;  the plain
usually consists of silt deposited by the stream;
x)       "FJood-prone areas" refer to low lying areas usually adjacent to large or active
water  bodies  and  therefore  experience  regular  or  seasonal  inundation  as  a
result of changes in the mean water level of these bodies or because of artificial
interference with the natural processes;
y)       "Fares"aJids" refer to lands of the public domain which have been classified
and declared as such and all unclassified lands of the public domain;
z)        "ForesJiore 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 usually marked


by a beach scarp or berm;
aa)     "Free, Prl.or find Jn/armed consent'' refers to consensus of all members of the
ICCs/lps to be determined in accordance with their respective customary laws
and practices, free from any external manipulation, interference and coercion,
and  obtained  after  fully  disclosing  the  intent  and  scope  of the  activity,  in  a
language and process understandable to the community;
bb)     "Goo-Jiazards" refer to geological processes/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;
cc)     ``Hazard-prone areas" refer to areas frequently visited and/or vulnerable or
prone to  experience weather/climatic, hydrologic, geologic,  and  other natural
calamities;
dd)     "Herl.tnge zones" refer to historical, anthropological, archaeological and artistic
geographical areas and settings that are culturally significant to the country as
declared by the National Museum and/or National Historical Institute, pursuant
to RA 10066 or the National Cultural Heritage Act of 2009;
ee)      ``HHman  Settlements"  comprise  of  (i)  physical  components  of  shelter  and
infrastructure; and (ii) services to which the physical elements provide support,
such as  community services which  include education, health,  culture, welfare,
recreation and nutrition;
fry       "JdJe or AbflJldoned LaJ]d" refers to any agricultural land not cultivated, tilled
or developed to produce any crop nor devoted to any specific economic purpose
continuously for a period of three (3) years immediately prior to the receipt of
notice   of  acquisition   by  the  government  as   provided   under   RA   6657   or
Comprehensive Agrarian Reform Program (CARP) as amended by RA 9700, but
does  not  include  land  that has  become  permanently  or  regularly  devoted  to
non-agricultural   purposes.   It   does   not   include   land   which   has   become
unproductive  by  reason   of  force   majeure   or  any  other  fortuitous   event,
provided that prior to such event, such land was previously used for agricultural
or other economic purpose;
gg)     "JJJegaJ conversl.on" refers to conversion of agricultural land by its landowner,
or  persons  acting  on  the  landowner's  behalf,  into  any  non-agricultural  use
without filing an application for reclassification and conversion with the DAR;
Hh)     ``Indigenous cultural communities/Indigenous peoples (ICCs/lps)" Te[ers to
groups  of people  or  homogenous  societies  identified  under  RA  8371  or  the
IPRA;
ii)       "JncJusl.ve growtJi" refers to ensuring that the economic opportunities created


by growth are available to all, particularly the poor, to the maximum possible
extent;
jj)       '`Jntegmted watershed maJiagement"refers to a planning strategy or program
for  watershed  areas  that  complement  environmenta]Iy-sound  soil  and  water
and   other  natural   resources   management  practices  with   mechanisms   for
ensuring  greater  responsibility,  involvement,  or  participation  of  individuals,
groups,  communities and other stakeholders benefiting from these areas and
water-related infrastructure;
kk)     "Land"refers to a solid surface of the earth that is not permanently covered by
water. The vast majority of human activity throughout history has occurred in
land areas that support agriculture, habitat and various natural resources;
11)       "Land banking''refers to the acquisition of land at values based on existing use
in  advance  of  actual  need  to  promote  planned  development  and  socialized
housing programs;
mm)  ``LaJid  degmdatr.on"  refers  to  the  reduction  or  loss   of  the  biological   or
economic productivity and complexity of rain-fed cropland, irrigated cropland,
or  range,  pasture,  forest  and  woodlands  resulting  from  land  uses  or from  a
process or combination of processes, including processes arising from human
activities and habitation pattern;
nn)     "LaJld Hse" refers to the manner of utilization of land, including its allocation,
development, and management;
oo)     "Mandatory consuJttltl.ons'' refer to the mechanism to ensure the involvement
of affected sectors and other stakeholders in land use planning from the local to
the national level. It involves giving notice of hearing/consultation to affected
sectors and other stakeholders through publication or posting in conspicuous
places, conduct of a reasonable number of hearings, and solicitation of positions
and the public presentation and validation of the planning results before the
final adoption of the plans;
pp)     "Mflngroves" refer to a community of intertidal plants including all species of
trees, shrubs, vines and herbs found on coasts, swamps, or border of swamps;
qq)     "MflJT.JIG protectedAreH'' refers to a defined area of the sea established and set
aside by law, administrative regulation, or any other effective means, in order to
conserve and protect a part of or the entire enclosed environment, through the
establishment of management guidelines.  It is a generic term that includes all
declared areas governed by specific mles or guidelines in order to protect and
manage activities within the enclosed area;
rr)    "r.nertlJ  expJomtl.on" refers  to  the  systematic  searching  or  prospecting  for
mineral resources, excluding energy resources;
ss)   "MI.neraJ rands" refer to lands where mineral,  excluding energy resources, are


found  in  sufficient quantity and  quality that would allow economically viable
exploitation and utilization;
tt)    "Mt/Jfl.pJe  use  a/ land"  refers  to  the  utilization  or  management  strategy  for
specific lands which allows any activity thereat, depending on the result of prior
evaluation on its numerous beneficial uses and in accordance with priorities in
land use allocation and planning, that will produce the optimum benefits to the
development  and  progress  of  the  area  and  to  the  public  welfare  without
impairment or with the least injury to its other resources;
un)     "National   Integrated   Protected   Areas   System   (NIPAS)"   Te[ers   to   the
classification and administration of all designated protected areas to maintain
essential  ecological  processes  and  life-support  systems,  to  preserve  genetic
diversity, to ensure sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible;
w)     "Ivatl.onaJ Park" refers to a land and water reservation essentially of natural
wilderness character which has been withdrawn from settlement, occupancy or
any form of exploitation except in conformity with approved management plan
and set aside as such exclusively to conserve the area or preserve the scenery,
natural  and  historic  objects,  wild  animals  and  plants  therein  and  to  provide
enjoyment  of  these  features  in  such  areas.  It  also  refers  to  lands  of public
domain classified as such in the 1987 Constitution which include all areas under
the  NIPAS  pursuant  to  RA  7586  or  the  National  Integrated  Protected  Areas
System  Act  of  1992  as  amended  by  RA  11038  or  the  Expanded  National
Integrated  Protected  Areas  System  Act  of 2018,  primarily  designated  for  the
conservation of native plants and animals and associated habitats and cultural
diversity;
`N`w)   "Network    of   Protected   Areas   for   Agriculture    and   Agro-industrial
Development   fIVPAAADj"   refers   to   agricultural   areas   identified   by   the
Department   of  Agriculture   (DA)   through   the   Bureau   of  Soils   and   Water
Management (BSWM) in coordination with the National Mapping and Resource
Information Authority (NAMRIA)  in order to ensure the efficient utilization of
land for agriculture and agro-industrial development and promote sustainable
growth.  The  NPAAAD  covers  all  irrigated  areas,  all  irrigable  lands  already
covered by irrigation projects with firm funding commitments; all alluvial plain
land  highly  suitable  for  agriculture  whether  irrigated  or  not;  agro-industrial
croplands  or  lands  presently  planted  to  industrial  crops  that  support  the
viability  of  existing  agricultural   infrastructure  and  agro-based  enterprises,
highlands, or areas located at an elevation of 500 meters or above and have the
potential  for  growing  semi-temperate  and  high-value  crops;  all  agricultural
lands that are ecologically fragile, the conversion of which will result in serious
environmental degradation, and mangrove areas and fish sanctuaries;
xx)    ``On-sl.te development" refers to the process of upgrading and rehabilitation of
bighted  and  slum  urban  areas  with  a  view  of  minimizing  displacement  of
dwellers in said areas, and with provisions for basic services as provided for in
RA 7279 or the Urban Development and Housing Act (UDHA);


yy)     "PatH.moJiJ.aJpropertl.es''-refer to all other property of the state, which is not of
the  character  described  as  property  of  public  dominion;   when  no  longer
intended for public use or for public service; all other property possessed by a
province, city, or municipality not classified as property for public use;
zz)       "Prl.me agH.cHltHraJ rand" refers  to  areas  that are  covered by the  Strategic
Agriculture and Fisheries Development Zones or SAFDZs defined in this Act;
aaa)    "Premature conversl.on" refers  to  the  conversion  of agricultural  land  by  its
landowner,   or   persons   acting   on   the   landowner's   behalf,   into   any   non-
agricultural use without the approval by the DAR of the landowner's application
for reclassification and conversion;
bbb)   "Protected areas" refer to portions of land set aside by reason of their unique
physical  and  biological  significance,  managed  to  enhance  biological  diversity,
and protected against destructive human exploitation. For purposes of this Act,
it shall include agricultural lands identified and delineated under Section 45 of
this Act;
ccc)    "PubJi.c domain" refers to lands that belong to the State which may be any of
the  following:  agricultural,  forest  or  timber,  mineral,  or  national  park,  as
provided for in the 1987 Constitution;
ddd)   "PubJI.c JaJlds" refer to lands which have not been subject to private property
rights or subject to sale or other modes of acquisition or concession under the
general laws, and are devoted to public use;
eee)   "ResettJement  areas"  refer  to  areas  identified  by  the  appropriate  national
agency or by the LGUs with respect to areas within its jurisdiction that shall be
used for the relocation of the underprivileged and homeless, as defined under
RA 7279 or UDHA;
ffD     "Rl.ver bflsl.J]'' refers to the horizontal projection of area from which a river and
its tributaries receive surface water originating from precipitation;
ggg)   ``SaJvage zorle" refers to lands measuring 20 meters measured landward from
the interior limit of the shoreline for easement purposes.
hhh)   ``SettJements deveJopmerlt" refers to  any improvement on existing formal  or
informal  residential  or housing  settlements  or any  proposed  development  of
certain areas  for residential  or housing settlement purposes.   It also  involves
the spatial distribution of population, identification of the roles and functions of
key urban centers, determination of relationships among settlement areas, and
the provision  of basic services and facilities  of identified major residential  or
housing settlement areas or growth centers;
iii)     "Socl.all.zed Jlousl.ng" refers to housing programs and projects covering houses
and lots or homelots only, or residential condominium units undertaken by the
government or the private sector for the underprivileged and homeless citizens


which   shall   include   sites   and   services   development,   long-term   financing,
liberalized terms on interest payments, and such other benefits in accordance
with the UDHA;
jjj)      "Socl.all.zed housl.ng zones" refer to lands identified and designed by LGUs as
sites   for   socialized   housing   pursuant  to   Article   IV   of  the   UDHA   and   its
implementing guidelines;
kkk)   "Subcrdssl.flcatl'on  a/ rands" refers  to  the  act  of determining  and  assigning
more  specific  uses  of  lands  already  classified  in  accordance  with  the  1987
Constitution and existing laws;
LIL)      "Strategic Agriculture and Fisheries Development zones (SAFDZ)" -refers to
the  areas  within  the  NPAAAD  identified  for  production,  agro-processing  and
marketing  activities  to  help  develop  and  modernize,  with  the  support  of
government,  the  agriculture  and  fisheries  sectors  in  an  environmentally and
socio-culturally sound manner; also referred to as Prime Agricultural Lands;
mmm)     "Sfrfct ProtectfoJi Zone" - pertains to the management zones of protected
areas  consisting  of  natural  areas  with  high  biodiversity  value  closed  to  all
human activities except for scientific studies and/or ceremonial or religious use
by  the  ICCs/lps.  It  may  include  habitats  of threatened  species,  or  degraded
areas  that  have  been  designated  for  restoration  and  subsequent  protection,
even if these areas are still in various stages of regeneration;
nnn)   "Stisteri.ilabJe deveJapment" 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;
ooo)  `Tourl.sin EnterpH.se Zone" refers to an area designated as tourism enterprise
zone by the Tourism Infrastructure and Enterprise Zone Authority pursuant to
the provisions of RA 9593 otherwise known as the Tourism Act of 2009;
ppp)   `Toun'st spot"  refers  to  a  particular  area/site/spot,  man-made  or  natural,
known for its unique tourist/visitor-drawing attributes and activities.  It may be
classified according to its social, cultural, natural, historical, scientific, religious,
and recreational significance;
qqq)   "Urban flrea" refers to a barangay which has a population size of 5,000 or at
least  one  establishment  with  a  minimum  of  100  employees,  or  5  or  more
establishments  with  10  to  99  employees,  or five  or more  facilities  within the
two-kilometer radius from the barangay hall;
in)     "Urban Development"  refers to the process  of occupation and use of land or
space for activities such as residential, industrial, and commercial and the like
or their combinations, necessary to carry out the functions of urban living.  It
entails the building or rebuilding of more or less permanent structure over land


that  is  often  withdrawn  or  converted  from  its  original  use,  resulting  in  the
creation of a built environment;
sss)    "Urbonl.zabJe  flreas"  refer  to   sites   and  lands  which,  considering  present
characteristics and prevailing conditions, display marked and great potential of
becoming urban areas within a period of five (5) years;
ttt)      "UrbaJi green space" refers  to  the  establishment  or setting-up  of areas  for
mini-forest or small nature parks, 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;
uuu)   "VuJnembJe  areas"  refer  toareas   exposed  to   natural  and  anthropogenic
hazards of soil, geology, vegetation, flora, fauna, human and coastal;
vw)   "Welter securl.ty" refers  to  the  sufficient  access  throughout  the  year  of-the
minimum daily requirement of clean water to maintain a healthy life;
www)   "Watershed" refers to a land area drained by a stream or fixed body of water
and its tributaries having a common outlet for surface run-off;
xxx)  "Watershed and Ecosystem Management" refers to the holistic, collaborative,
multiple   uses   and   sustainable   management  of  all  the   resources  within  a
planning unit known as watershed.
yyy)  "WatersJied  reservHtl.oJ]"  refers  to  a  forest  land  reservation  established  to
protect  or  improve  the   conditions   of  the  water  yield  thereof  to   reduce
sedimentationi
zzz)    "Zonl.J]g" refers to the division of a community into districts  (e.g., commercial,
residential,  industrial,  institutional,  etc.)  in  order  to  maximize,  regulate  and
direct  their  use  and  development according  to  the  Comprehensive  Land  Use
Plan. It is also concerned primarily with the use of land and through imposition
of building heights, bulk, open space and density in a given area; and
aaaa) "Zoiil.ng   ordl.ilaJice  or  ZO"  refers   to   a   locally   enacted   ordinance   which
embodies,  among  others,  regulations  affecting  uses  allowed  or  disallowed  in
each  zone  or  district,  conditions  for  allowing  them,  and  deviations  legally
allowed, from the requirements of the ordinance.
CHAPTER Ill
PHYSICAL FRAMEWORK AND LAND USE PLANS
SECTION    5.    National  Physical  Framework  Plan.  -    The  National  Land  Use  Council  (NLUC),
created in Section 14 herein, shall formulate and periodically update a National Physical Framework
plan (NPFP) that defines the urban, rural and regional development in the country.  The framework
plan shall promote the following objectives: (a) global competitiveness of the national urban system
that is fully integrated with the rural areas;  (b) employment and inclusive growth;  (c)  sustainable


use  of  land  and  water  resources;   (d)   protection  of  environmentally-critical  areas  and  prime
agricultural  lands;  (e)  sustainable  communities;  (f)  effective  social  service  delivery;  (g)  safe  food
production  and  distribution  efficiency;  (h)  historic  and  heritage  preservation  and  recognition  of
ancestral  domains;  and  (i)  DRR  and  CCA.  The  NPFP  shall  have  a  time frame  of 30  years,  to  be
reviewed and updated every 10 years.-The policies prescribed in the NPFP shall be integrated into
the PDP and the Public Investment Program.
SECTION    6.    Regional  Physical  Development  Framework.  -    The  Regional  Land  Use  Policy
Committee  (RLUPC), created under Section  18 of this Act, shall formulate and periodically update
the  regional  physical  development  framework  in  a  manner  consistent  with  and  following  the
objectives of the NPFP, as applicable to the region.   The regional physical development framework
shall  guide  the  preparation  of and  harmonize  the  PDPFPs  and  Comprehensive  Land  Use  Plans
(CLUPs)  of highly  urbanized  cities  (HUCs)  and  independent  component  cities  (ICCs)  within  the
territorial  jurisdiction  of the  region.  It  shall  have  a  time frame  of 30  years,  to  be  reviewed  and
updated every 10 years. The regional physical development framework shall serve as a spatial input
in the formulation of the RDP and the Regional Development Investment Program.
SECTION     7.    Provincial  Development  and  Physical  Framework  Plans.  -    The  Provincial
Development Council (PDC), through the Provincial Planning and Development Office (PPDO), shall
formulate and periodically update the PDPFP which shall define the province's development vision,
economic  and  social  development  policies,  general  land  uses,  inter-city/municipal  transportation
system, and DRR and CCA strategies.   The PDPFP shall prescribe a framework consistent with the
regional physical development framework and define the physical development of the province in a
manner that promotes the objectives of the NPFP defined in Section 5 of this Act. The PDPFP shall
harmonize  the  CLUPs  of  component  cities  and  municipalities,  taking  into  consideration  shared
resources   and   planning   concerns,   thus   making   it   a   key   vertical   influence   in   linking   local
development objectives with regional and national policies and priorities. The PDPFP shall have a
planning  period  of 10  years,  to  be  updated  every three  (3)  years.    It shall  serve  as  basis  in  the
formulation of the Provincial Development Investment Program,
The PDPFP shall be submitted to the Provincial Land Use Policy Committee, created under
Section  19  of this Act, for review and endorsement to the SclnggHni.any Pa71/a/awl.gan, which shall
adopt the same pursuant to Section 468 (2) (vii) of RA 7160 or the LGC.
SECTION    8.    City  and  Municipal  Land  Use  Plans.  -  The  City/Municipal  Development  Council,
through  the   City/Municipal   Planning  and   Development  Office   (C/MPDO),  shall   formulate  and
periodically update the CLUP in accordance with national policies, standards, and guidelines issued
by the Department of Human Settlements and Urban Development (DHSUD). The CLUP shall define
the   city/municipality's   development   vision,   environmental   protection,   economic   and   social
development   policies,   land   uses,   densities,   and   transportation   system.   The   C/MPDO   shall
incorporate in the CLUP the updated SAFDZ maps prepared by the DA through BSWM pursuant to
RA 8435 or the Agriculture and Fisheries Modernization Act (AFMA).  The CLUP shall be consistent
with the PDPFP; it shall define the physical development of the city/municipality in a manner that
promotes the objectives of the NPFP defined in Section 5 of this Act.
The  spatial  directions  prescribed  in  the  CLUP  shall  be  the  basis  for  the  CDP  and  local
development investment program.   The CLUP shall be enacted into a Zoning Ordinance (ZO) by the
Sanggum.aJi  to  regulate  the  uses  of  land,  including  limitations  on  height,  density  and  bulk  of
buildings, and other infrastructure that may be placed thereon.


SECTION   9.   Physical Framework and Land Use Planning Process. -   The physical framework
and land use  planning process  shall  be  iterative  following a combined  bottom-up  and top-down
approach,  with  mandatory  consultations  conducted  in all  levels,  and  shall  consider available  and
updated multidisciplinary scientific information of land uses.  The NPFP shall guide planning at the
national and subnational levels. The regional physical  development framework and, consequently,
the  PDPFPs  and  CLUPs  shall  be  consistent  with  the  NPFP;  Provided  that  the  integration  and
harmonization  of physical  and  land  use  plans  at  all  levels  shall  be  iterative  to  ensure  that  the
concerns  of  both  top  and  bottom  levels  of  government  are  considered  in  the  NPFP,  regional
development physical frameworks, PDPFPs and CLUPs.  The physical and land use plans prepared at
all levels shall have internal consistency to ensure complementation in the utilization, development
and management of land.
SECTION  10.  Revision of Existing Planning Guidelines. -The existing planning guidelines on the
NPFP, regional development physical framework and PDPFP shall be reviewed and revised pursuant
to Sections 5, 6, 7, and 9 of this Act.
CHAPTER IV
FRAMEWORK FOR LAND USE/PHYSICAL PLANNING
SECTION    11,  Basic  Objective  of Land  Use/Physical  Framework  Planning.  -    The  primary
objective of a physical framework plan is to describe existing land uses and to identify an integrating
physical framework-including an overall vision, policies on social and economic development and
environmental  protection  and  supporting  transportation  and  other  infrastructure  facilities-that
will  define  future  development,  Its  output  includes  the  identification  of  programs,  projects  and
activities  needed  to  achieve  the  desired  development,  and  which  will  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 will be implemented through a ZO.
SECTION   12.   Approach to Land Use/Physical Framework planning. -   In  general,  the  land
use/physical framework planning process shall include a description of existing land uses and land
use trends, as well as the physical, demographic, economic, social and environmental conditions that
have shaped and are likely to shape future land use and physical developments, It shall then derive a
land use plan/physical framework by matching, reconciling or integrating the demand for land (the
need for land given future projections and requirements) with the supply of land (the land available
for specific uses). The resulting land use plan/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/physical  framework must be holistic in nature and not emanate
from specific individual or corporation which, in essence, constitutes as spot zoning.
SECTION  13.  Basic Land Use/Physical Planning Considerations. -  The following are some basic
land use planning considerations:
a)  Priority shall be given to life and safety, and thus to identifying hazard prone areas
and corresponding risk reduction measures as part of the DRR and CCA objective.
Areas   identified   to   be   available   for   other   land   uses   shall   then   be   planned
accordingly;


b)  Multiple   uses   of  land   is   possible   and   even   desirable   in   order   to   promote
sustainability  and  efficiency.  The  CLUPs  should  identify  the  dominant  uses  for
specific areas,  however, utmost consideration  to  environmental  protection  should
be a primordial concern;
c)    Environmentally-critical  areas,  SAFDZ  as  prime  agricultural  lands,  IP  culturally
significant  lands  and  strict  protection  zones  shall  be  protected  from  land  use
conversion or reclassification. Should land use conversion of IP culturally significant
lands be inevitable for public interest, consultation with and rituals of the IPs should
be done;
d)  The  identification  of network  of settlements  and  settlement  and  non-settlement
areas is key in determining the demand for land because this establishes the location
of   employment-generating   industries   and   services   as   well   as   housing.   Once
identified,  other  support  uses  such,  as  transportation  and  other  infrastructure
facilities as well as social services can be determined;
e)   In  general,  economic  growth  and  poverty  reduction  are  enhanced  by  land  uses
which promote a globally competitive national urban system that is fully integrated
with the rural areas. The specific roles of individual cities and municipalities in this
system  will  vary  depending  on  their  demographic  trends,  the  competitiveness  of
existing  and  potential   economic  activities,   physical   environment  and   resource
endowments,  quality  of external  linkages  and  internal  integration,  infrastructure
and technological capacities;
f)   Ancestral domain and native titles shall be recognized and respected and protected,
with the ADSDPP in harmony with physical/land use and development plans at the
regional and local levels. The right of the lps/ICCs provided under IPRA on the use of
their land shall be inviolable.
g)  Sustainable  development should  be  integrated  into  protection  as  well  as  in  other
urban and rural land uses;
h)  Physical   characteristics   such   as   soil,   land   cover,   slope,   topography,   elevation,
geology,  geography,  climate,  and  resulting  vulnerability  to  land  degradation  and,
hazard  prone  areas  are  basic  considerations  in  identifying allowable  or preferred
land uses, transportation systems and other support infrastructure facilities;
i)   Land  use   conflicts  are  inevitable,  unavoidable,  and  are  likely  to   increase  and
intensify as  population  increases.  Greater  consideration  should  be  given  to  those
that are life-threatening or are direct threats to public safety; harmful or destructive
to   protected   areas,   flora,   fauna,   and   other   protected   natural   resources   and
ecosystems; and
j)   All  levels  of physical  and land use  plans  shall be  directly linked and  aligned with
each  other and  consistent with  the  objectives  of the  Philippine  Development Plan
and other government policies, plans and frameworks.


CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM
Article 1
National Land Use Council
SECTION    14.    Creation  of the  National  Land  Use  Council  (NLUC).  -  The  National  Land  Use
Council,  hereinafter  referred  to  as  NLUC,  is  hereby  created.  It  shall  exercise  the  powers  and
responsibilities  of  the  current  NEDA  Board  -  National  Land  Use  Committee  which  is  hereby
abolished. 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 integrate
efforts, monitor developments relating to land use, and the evolution of policies.
SECTION  15.  Composition of the NLUC. -  The NLUC shall be composed of 23 members.
a)     The  Secretary  of the  National  Economic  and  Development  Authority  (NEDA)  as
Chairperson;
b)     The Secretary of the Department of Environment and Natural Resources (DENR) as
Vice-Chairperson;
c)     The secretaries of the Department of Finance, Justice, Agriculture, Public works and
Highways,  National  Defense,  Trade  and  Industry,  Agrarian  Reform,  Interior  and
Local   Government,   Tourism,   Transportation,   Science   and   Technology,   Energy,
Information and Communications  Technology,  and  Human  Settlements and  Urban
Development;
d)     The chairperson of the National commission on Indigenous peoples;
e)     The presidents of the Leagues of Municipalities, Cities and provinces; and,
f)      Two land use planning experts from the private sector.
SECTION  16.  Powers and Functions. -The NLUC shall have the following powers and functions:
a)     Formulate  policies,  and  harmonize  all  laws  and  policies  relevant to  land  use  and
physical planning;
b)     Decide   and   resolve   policy   conflicts   on   land   use   between   or  among   national
government agencies and act on unresolved similar land use policy conflicts elevated
by Regional Land Use Policy Committee (RLUPC);
c)      Advise  the  President  of the  Philippines  on  all  matters  concerning  land  use  and
physical  planning as well as  recommend the  adoption, passage,  or amendment of
laws   to   ensure   that   plans,   programs,   projects,   and   activities,   including   local
government initiatives affecting land use are consistent with national development
objectives;
d)     Prepare and periodically update the NPFP;
e)     Coordinate   the   establishment   and   maintenance   of   a   national   land   resource
information   and   management  system   that  shall   integrate,   process   and   share
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;
f)      Monitor  and  coordinate  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)     Monitor  and  coordinate  the  activities  of  concerned  agencies  and  entities  of  the
government  in  the  enforcement  and  implementation  of  policies  and  regulations
relating to land use and resource management and development;
h)     Declare projects of national significance;
i)      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;
j)      Adopt rules of procedures for the orderly and expeditious conduct of meetings and
other business of the Coiincil; and
k)     Perform such other acts and functions and exercise such other powers as may be
necessarily implied, inherent, incident, or related to the foregoing.
SECTION  17.  National Land Use Office (NLUO). -  The National Land Use Office is hereby created
as an agency attached to  NEDA which will serve as technical  secretariat to  the  NLUC.   The  NEDA
Regional Development Office personnel who serve as secretariat to the NEDA Board -National Land
Use Committee who opted to transfer to the NLU0 shall be given priority without diminution in rank
and remuneration. The staffing pattern shall be drafted by the NEDA in coordination with DBM and
Civil Service Commission.
The NLUO shall be headed by an Executive Director with a rank of Undersecretary who shall
supervise the operations of the NLUO. He/She shall be a qualified professional in any of the fields of
land use, physical planning, environmental management, engineering, public governance or law. The
NLUO will establish regional offices which will provide technical secretariat support to the Regional
Land Use Policy Committee created under Sec.18 of this Act.
SECTION   18.   Regional Land Use Policy Committee (RLUPC). -At the regional level, the RLUPC
under the  Regional  Development Council  (RDC)  will be institutionalized. The  RLUPC  will  replicate
the NLUC structure and composition, and replace the RDC's Regional Land Use Committee, which is
hereby abolished. The RLUPC shall have the following functions:
a)      Formulate regional  policies  on land use and physical  planning consistent with national
policies and issuances on land use;
b)     Decide and resolve policy conflicts on land use planning, classification, and allocation that
may arise between or among regional line agencies;
c)     Prepare   and   periodically  update   the   regional   development  physical   framework  to
consider national  policies  and programs  and to  provide  policy directions  to  provinces,
cities, and municipalities in the preparation of their respective physical plans;
d)     Guide  the  provinces,  in  preparing  and  periodically  updating  their  PDPFPs  to  ensure


consistency with regional and national plans and policies and to facilitate its integration
to the regional plans following a combined bottom-up and top-down approach;
e)      Review  the  PDPFPs  of  provinces,  and  CLUPs  of  highly  urbanized  cities  (HUCs)  and
independent component cities (ICCs);
I)     Promote cooperation and sharing of resources between and among provinces and with
their component LGUs to address physical framework planning and development issues
including those related to hazards and risks;
g)     Undertake   the   gathering  of  regional   data   for  the   land   resource   information   and
management system;
h)     Recommend  to  the  NLUC  appropriate  policies  that  will  resolve  land  use  issues  and
expedite the resolution; and,
i)    Perform other related functions as may be directed by the NLUC.
Article 2
Local Land Use Committees
SECTION    19.    Provincial  Land  Use  Policy  Committee  (PLUPC).  -  The  Provincial  Land  Use
Committee  created  under Executive  Order No.  72  s.  1993  is  hereby abolished, and  the  Provincial
Land Use Policy Committee is hereby created in all provinces to tackle land use concerns whenever
necessary.
The PLUPC shall:
a)     Advise  the  ScmggLmi.any  Pan/a/crwi.gcm  on  all  matters  pertaining  to  land  use  and
physical planning;
b)     Decide   and   resolve   policy   conflicts   or   concerns   on   land   use   planning,   land
classification, and allocation that may arise at the provincial level and those between
or   among   cities/municipalities   and   any   unresolved   land   use   conflicts   at   the
city/municipality level;
c)     Promote cooperation and sharing of resources between and among component LGUs
of the province to address land use and development issues including those related
to hazards and risks;
d)     Review  and  endorse  to  the  Sangguni.any  Pan/a/awl.gcm  for  adoption,  the  PDPFP
prepared  and  periodically  updated  by the  PPDO  and  other land  use  and  physical
planning-related policies; and,
e)     Assist   the   Sanggzjnl.any   Pan/a/awl.gan   in   reviewing   the   CLUPs   of   component
cities/municipalities to ensure consistency with the PDPFP and compliance with the
limits prescribed under the 1991 LGC for reclassifying agricultural lands.
The  PLUPC  shall  be  composed  of  the  following:  Provincial  Planning  and  Development
Coordinator as  chairman,  Provincial Agriculturist,  Provincial  Environment and  Natural  Resources
Officer,  Provincial  Fisheries  Officer,  Provincial  Tourism  Officer,  Provincial  Engineer,  Provincial
Assessor,  Provincial  Agrarian  Reform  Officer,  representative  of the  DA Regional  Field  Unit,  DILG
Provincial Director, representative from DHSUD Regional Office, a representative from CS0 and the
private  sector.  The  PLUPC  may call  upon  any official  of national  and  regional  agencies and  other
relevant agencies during discussions on land use and physical planning concerns.
Provinces shall activate their respective PLUPCs within six (6) months from the effectivity of
this Act.


SECTION    20.    City/Municipal  Land  Use  Committee  (C/MLUC).  -  A  City/Municipal  Land  Use
Committee  (C/MLUC)  is hereby created in all cities and municipalities, including highly urbanized
and independent component cities, to tackle land use concerns whenever necessary.
The C/MLUC shall:
a)     ALdwise the sangguniang Bayan or sangguniang panlungsod on aL+I maLtters pertahing to
land use and physical planning;
b)     Endorse  to  the  Sangguniang  Bayan  oT  Sangguniang  Panlungsod,  aLfteT  its  review,  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; and,
c)      Decide  and   resolve   policy  conflicts   on   land   use   planning,   land   classification   and
allocation  that may arise  at the  city  or  municipal  level  and  any unresolved  land  use
conflicts between and among barangays.
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 new projects except those
of vital  and  national  economic  or  environmental  significance  which,  upon  NEDA's  declaration  of
national  significance,  will  be  acted  upon  by  DHSUD,  and  (b)  monitor  ongoing/existing  projects
within  their  respective  jurisdictions  and  issue  notices  of  violation  to  owners,  developers,  or
managers of projects that are violative of ZOs.
The  C/MLUC  shall  replicate  the  PLUPC  structure  and  composition.  The  C/MLUC  may  call
upon any official  of national, regional, and provincial agencies/offices and other relevant agencies
during discussions on land use and physical planning concerns.
LGUs shall activate their respective C/MLUCs within six (6)  months from the effectivity of
this Act.
Article 3
Adoption, Approval and Review of Land Use Plans
SECTION    21.    Component  Cities  and  Municipalities.  -    As  prescribed  in  existing  laws  and
issuances, the component cities and municipalities, through their respective Scmgguni.cm, shall adopt
their respective CLUPs and ZOs, subject to the power of review and approval of the the Sanggunl.any
Pan/cIJawz.gan  of their respective provinces with  respect to the  consistency of the  CLUPs  and Z0s
with Section 8 hereof on the preparation of the PDPFP and with regional and national policies.
SECTION  22.     Provinces,  Highly  Urbanized  Cities  and  Independent  Component  Cities.  -
Provinces, HUCs and ICCs shall have the power and authority to adopt and approve their respective
PDPFP, CLUPs, and ZOs, as the case may be, through their respective Sangguni.an.  The PDPFP and
CLUP shall be reviewed by the RLUPC prior to the adoption by the respective SanggunJ.an. For the
cities and municipality of Metro Manila, the Metropolitan Manila Development Authority, together
with the DHSUD, shall review their CLUPs; the DHSUD shall also ratify their CLUPs.
Article 4
Responsibilities of the National Government Agencies and LGUs
SECTION   23.   Forest Land Boundary Delineation. - Within two (2) years after the effectivity of


this Act, the DENR shall complete the delineation on the ground of forest lands and national parks,
and submit the same to Congress for enactment into law pursuant to Section 4 Article XII of the 1987
Constitution. The result of forest boundary delineation shall be made available to the public.
As a result of forest boundary delineation and assessment, alienable and disposable lands
with slopes of eighteen percent (18%) and above which have not yet been enacted by Congress may
be reclassified as forest lands which shall have restricted use for public interest in consideration of
environmental and hazard risk mitigation. In the event that said alienable and disposable lands are
titled  prior  to  the  approval  of this  Act,  a  new  title  shall  be  issued  by  the  DENR  to  incorporate
provisions,  to  be  defined  by  DENR,  relating  to  the  application  of  disaster/hazard   mitigation
measures,  such  as  soil  and  water  conservation  measures,  effective  vegetation  cover,  and  other
related measures.
SECTION    24.    National  Geospatial  Information  Program.  -  Within  two  (2)  years  upon  the
effectivity of this Act, the NAMRIA, in coordination with BSWM, Forest Management Bureau (FMB),
Land Management Bureau, Biodiversity Management Bureau, Mines and Geosciences Bureau (MGB),
Philippine Institute of Volcanology and Seismology (PHIVOLCS), DAR, the National Water Resources
Board, National Commission on Indigenous Peoples (NCIP), Department of Energy (DOE), NEDA and
other  concerned  government agencies/bureaus  shall  complete  the  updating of base  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.
SECTION   25.  Delineation and Mapping of Hazard-prone and Vulnerable Areas. -Within two
(2) years upon the effectivity of this Act, the BSWM, MGB, FMB,   DENR- Ecosystems Research and
Development  Bureau,  PHIVOLCS,  PAGASA,  DOE,  and  NAMRIA,  in  coordination  with  the  National
Disaster  Risk  Reduction  and  Management  Council,  the  Regional   Disaster  Risk  Reduction  and
Management Councils, the Climate Change Commission, and other concerned government agencies
shall  delineate  and  continuously  update  the  geo-hazard,  vulnerable  area,  hydrometeorological
hazard maps and the corresponding geospatial data.
These maps shall be shared and disseminated to LGUs which shall subsequently guide them
in the preparation of their own hazards-constrained development and physical framework and land
use plans.
SECTION  26.  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,  in
coordination with concerned agencies, shall formulate a research agenda that will support physical
framework and land use planning
SECTION  27.  Scope and Nature of Responsibilities of Other National Government Agencies. -
All  concerned  national  government agencies/bodies  shall  periodically  report to  the  NLUC  on  the
various  activities  and  accomplishments  relative  to  land  use.    Likewise,  they  shall  provide  their
respective  sectoral/development plans  and  other relevant up-to-date  data  and  maps  and  render
technical and administrative support if called upon by the NLUC relative to the implementation of
the provisions of this Act.
SECTION     28.  Monitoring of CLUP  Implementation.  -  The  DHSUD  shall  design  and  install  an
information   system   for   monitoring  the   actual   use   of  land   resources,   the   rec]assification   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, NEDA, League of Provinces,
League of Cities, League of Municipalities and other concerned national government agencies.
SECTION  29.  Submission of Annual Report on the lmplementation of cLUPs. -The C/MLUCs
shall submit an annual report on the implementation of their land use plans to the PLUPC, which
shall  in  turn  integrate  the  provincial  reports  for  submission  to  the  DHSUD  regional  office.  The
analysis and related reports on the implementation of CLUPs shall then be submitted by the DSHUD
to the NLUC.
CHAPTERVI
SPECIAL AREAS OF CONCERN
Article 1
Forest Lands, Watershed Reservations and National Parks
SECTION     30.  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 forest lands.
Geohazard  conditions  shall  be  considered  prior  to  LGU  issuances  of permits  and  clearances  in
forestlands.  Regardless  of any  government  agency  issuing  a  land  title,  the  DENR  together  with
NAMRIA  shall  review  those  designated  forestlands  with  non-conforming  uses  and  recommend
measures on how to address these.
SECTION  31.  Critical Watershed and Sub-Watershed Areas. -  The DENR, in coordination with
the  DA,  NIA,  LGUs,  and  other  government agencies,  including government-owned  and-controlled
corporations,  shall  update  information  on  location  and   condition  of  existing  and  proclaimed
watersheds.  The  DENR  shall  further  identify  potential  watershed  areas  and  delineate  critical
watershed  and  sub-watershed  areas  that  need  to  be  protected,  rehabilitated,  enhanced,  and/or
withdrawn from inappropriate and unsustainable uses that contribute to their further degradation.
SECTION  32.  Formulation and lmplementation of Integrated Watershed Management Plans. -
The Watershed  Management Planning Team or Watershed Management Council, composed of the
DENR,  the  LGUs  and  other  NGAs  and  stakeholders  concerned  shall  prepare  their  integrated
watershed management plans (IWMP), which shall be the basis for the formulation of LGUs' CLUPs,
DRR/CCA plans, and ADSDPPs. The formulation of the IWMP shall be guided, among others, by the
principles of sustainable management and watershed and ecosystem management.
In  cases  where  a  particular watershed  straddles  two  or  more  regions,  the  region which
covers the largest portion shall lead in the preparation of the IWMP.
The  DENR,  LGUs,  NGAs  and  major  stakeholders  concerned  shall  jointly  implement  the
integrated watershed management plan subject to regular consultations with and involvement of the
local communities and other stakeholders.
SECTION    33, Establishment and Management of National Parks. -All areas proclaimed by the
President and Congress under the NIPAS pursuant to RA 7586 as amended by RA 11038 including


those identified initial component of the  NIPAS, shall comprise the National  Parks classification of
the public domain. The DENR and concerned LGUs shall ensure that such areas are integrated in the
CLUP and physical framework plans; Provided however, that the preparation of management plans
of protected areas/national parks shall be in accordance with the provisions of RA 7586 as amended
by RA 11038 and other laws establishing or declaring a specific area as permanent component of the
NIPAS.
Article 2
Coastal Zones, Marine Resources and Waterways Easements
SECTION   34.   Criteria on the AIlocation 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 production and shall
not  be  converted  to  other  uses.  Violation  of this  provision  shall  be  subject  to  the  penalties
imposed  under  Sec.  99  of RA  10654  amending  RA  8550  otherwise  known  as  the  Philippine
Fisheries Code of 1998;
b)  Subject to clearance from the DENR, areas that meet all accepted criteria on elevation, soil type,
soil depth, topography, supply for successful fishpond development, except mangrove protected
areas, shall be utilized for aquaculture purposes;
c)  Areas  subclassified  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 and must be rehabilitated/reforested; intrusion to such areas shall be a
ground  for  eviction  and  imposition  of  appropriate  penalties  to  be  prescribed  by  the  DENR.
Violation of this provision shall be subject to the penalties imposed under Sec. 99 of RA  10654
amending RA 8550;
d)     Subject to  DENR guidelines, areas accessible to the sea and identified for fisherfolk settlement
and  housing  shall  be  allocated  to  traditional  fisherfolks  who  are  inhabitants  of  the  coastal
communities and members of legitimate fisherfolk organizations and/or holders of stewardship
lease contracts or titles to ancestral domains or any form of property right arrangements who
participate in coastal resource management initiatives, subject to the provisions under Article 51
of PD 1067;
e)     Consistent with the DENR guidelines, areas that are neither subclassified as mangrove, fisherfolk
settlement nor fishpond may be devoted to recreational or tourism purposes: Provi.bed, that such
undertaking will not result in environmental degradation and displacement of small fishers;
I)      Areas  which  are  considered  as  traditional  fishing  grounds  shall  be  used  primarily  for  such
purpose,  provided,  that  such  practice  will  not  defeat  the  purpose  of  establishing  marine
protected areas;
g)     In  compliance  to  the  DENR  guidelines,  foreshore  areas  which  have  been  allocated  for  small
infrastructure  needed by fisherfolks  shall be allowed:  Provi.bed, that such  undertaking will  not
result in environmental degradation; and,
h)     With primary environmental consideration, areas which form part of foreshore lands as defined
in  this  Act  including  those  that are  under lease  agreements  or  arrangements  shall  be  zoned
according to its designated use and evaluated to determine their boundaries and actual sizes.
SECTION  35.  Coastal Land Zone Subclassification. -  All public lands in the coastal zones shall be
subclassified  into  any  of  the  following:  fishponds,  mangroves,  protection  from  tidal  surge,  for
preservation of biodiversity, habitats and sanctuaries for endangered wildlife, fisher folk settlement,
or recreational/tourism areas.   No subclassification of coastal zones to different uses shall be done


without the following:
a)  Conduct of a comprehensive resource and environmental assessment by the DENR and respective
LGUs  and  accredited  non-government  organizations  (NGOs)  and  private  organizations  (POs)
within their jurisdiction; and,
b)  Prior consultation with local Fisheries and Aquatic Resource Management Councils formed under
RA 8550.
SECTION   36.  Zoning of Foreshore Areas. -    LGUs, with the technical assistance from 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. Zoning of foreshore areas shall take into  consideration
ancestral domains that include ancestral waters.
SECTION   37.  Marine  Resources.  The  exploration,  development and  use  of marine  resources  in
Philippine waters shall be reserved exclusively to Filipinos. Management of these resources shall be
in  accordance  with  existing relevant laws  including,  but not limited  to  the  PD  1067,  RA  8550  as
amended by RA 10654, and RA 7586 as amended by RA 11038, and RA 8435. To promote harmony
in  management  of  land,  coastal  and  marine  resources,  CLUPs  of  coastal  LGUs  will  incorporate
Integrated Coastal Management of their municipal waters.
SECTION   38.   Protection of waterways Easements and Flood Plains.   Structures of any kind
shall not be built in waterways easements.  The banks of rivers and streams and the shores of the
seas and lakes throughout their entire length and within a zone  of 10  meters in urban areas,  20
meters in agricultural areas and 40 meters in forest areas, along their margins, are subject to the
easement of public use only in the interest of recreation, navigation, floatage, fishing and salvage.
The  protection  of floodplains  shall  adopt a  river basin  management approach  in  order to
come up with integrated flood mitigation interventions.  Development within flood plains and other
flood-prone areas must be controlled or, if allowed, must be so sited, constructed and serviced that
life of occupants are not put at risk and that disruptions during floods are minimal. The identification
and  characterization  of  flood-prone  areas  and  flood  plains  shall  be  an  integral  part  of  CLUP
preparation.  Through  the  CLUPs  and  Z0s,  LGUs  shall  establish  land  use  regulations  including the
implementation of RA 9003 or the Ecological Solid Waste Management Act of 2000 to mitigate flood
risks.
To promote the best interest and the coordinated protection of flood plains, the DPWH, in
coordination with DOST and DENR, shall declare flood control areas, as necessary, and prohibit or
control activities that could damage or cause deterioration of lakes and dikes, obstruct the flow of
water, change the natural flow of rivers, increase flood losses or aggravate flood problems pursuant
to PD  1067. As such, any plan, intervention or utilization specified in this Section should be cleared
and  issued  appropriate  permits  by  the  concerned  LGU  provided  herein,  including  imposition  of
penalties against identified violators.
Article 3
Settlements Development
SECTION  39.  Town, City, and Settlements Development. -  Guided by the framework for land use


planning in Chapter IV of this Act and the National Urban Development and Housing Framework, the
CLUPs and ZOs shall direct the physical development of settlement areas towards the overall goal of
economic development and inclusive growth while maintaining environmental integrity.
SECTION    40.  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.
SECTION    41. 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;
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,
0  Identified  ICCs/lps  settlement  areas  shall  be  located  within  ancestral  domains  based  on  the
ADSDPP-
Hazard-prone (or high-risk) areas shall be defined, delineated and mapped by the DENR and
other the mandated government agencies. As such, new settlements within high-risk areas shall not
be allowed. In cases where there are existing settlements within geo-hazard areas and/or high risk
areas, mitigating and/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  Environmental
Compliance   Certificate   (ECC)   and   Engineering   Geological   and   Geo-hazard  Assessment   Report
(EGGAR) consistent with the Revised Procedural Manual for DENR Administrative Order (DAO) No.
2003-30  or  the  lmplementing  Rules  and  Regulations  of PD  1586  establishing  an  Environmental
Impact Statement System   and  DA0  No.  2000-28 or 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."
SECTION         42.    Sustainable    Communities.    -         Each    city/municipality    or    cluster    of
cities/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 (including water harvesting and recycling), 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 or the Ecological Solid Waste Management Act of 2000.
SECTION   43. Socialized Housing Zones. - In accordance with the UDHA,  each city/municipality


shall designate and delineate adequate land for housing or residential purposes, including socialized
housing and resettlement areas, for the immediate and future needs of the local population as well
as  those  identified  as  settlers  on  high-risk  areas,  underprivileged  and  homeless  within  their
jurisdiction.     The  designated  and  delineated  sites  for  socialized  housing,  which  may  include
patrimonial properties, shall be zoned as socialized housing areas in the city's or municipa]ity's ZO,
pursuant to existing laws and regulations.  The State shall encourage on-site development and shall
consider accessibility of affected community to employment, economic activities and social services.
Socialized housing and resettlement areas identified and delineated by the city or municipality shall
be registered with the DHSUD.
SECTION   44. Urban Forest or Green Space. -   Each city or highly urbanizing municipality shall
identify, designate, and allocate lands owned by the barangay, city or municipality as urban forest or
green  space  based  on  guidelines  and  standards  to  be  formulated  by  DHSUD  and adopted by the
NLUC.
Article 4
Agricultural Lands
SECTION   45.    Priority Areas  for Agricultural  Development.  -  Priority  areas  for  agricultural
development are those  covered by the  Comprehensive Agrarian  Reform  Program  (CARP)  and the
SAFDZ as defined in the in Section 4 of this Act
SECTION  46. Conversion of Agricultural Lands. Agricultural lands are deemed converted to non-
agricultural uses upon approval by the DAR of the application for conversion or the issuance of an
Exemption Clearance, if the land is reclassified as commercial, industrial or residential prior to June
15, 1988. Prime agricultural lands or SAFDZs which are necessary for attaining food security in rice
and  corn  and  other  basic  commodities,  as  determined  by  the  DA,  subject  to  mandatory  public
hearings/consultations with the LGUs and endorsement by PLUPCs, the private sector, the NGOs and
POs,  shall be protected  from  conversion.  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
cannot be converted, the areas under which are subject to review every 6-8 years by the DA, with
mandatory  public  hearings/consultations.    Provided  further  that  in  line  with  the  principle  that
balances food security with the economic efficiency of higher density uses, land use conversion may
be allowed when the land, as determined by the DA, ceases to be economically feasible and sound for
agricultural purposes, or when the locality has become urbanized and the land will have a greater
economic  value  for  residential,  commercial  or  industrial  purposes  except  those  not  subject  to
conversion as defined in this Section.
SECTION  47. Reclassification of Agricultural Lands. Consistent with the LGC, LGUs may reclassify
agricultural   lands   to   non-agricultural   uses.   Reclassification   shall   only   be   done   during   the
preparation or updating of the CLUP and shall be reflected in the plan. Reclassification in excess of
the limits set by the LGC shall be approved by the NLUC.   Provided, that the reclassification limits
shall be based on the total area of lands zoned as agricultural at the time of updating of the CLUP.
However, the DA shall first certify that agricultural lands to be reclassified into non-agricultural uses
are eligible for reclassification in accordance with the preceding Section. Further, reclassified lands
are deemed converted only upon approval of the DAR as provided in Section 45 of this Act.


Article 5
Mineral Lands
SECTION    48.    Criteria  for  the  Utilization  and  Allocation  of Land  for  Mining  Purposes.  -
Consistent with  Section  5  of this Act and  the  provisions  of RA  7942  or the  Mining Act of 1995,
subject to FPIC of ICCs/lps, and to ensure that the objectives of maintaining ecological balance and
maximizing economic  returns  to  mining operations  are  realized, the  utilization and allocation  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 pursuant to RA 7076 or the People's Small-Scale Mining
Act  of  1991;-No  small-scale  mining  shall  be  undertaken  outside  a  declared  Minahang
Bayan and no entity shall engage in small-scale mining without a corresponding mining
contract, pursuant to RA 7076;
c)   Mineral   reservations  which  have  become   non-operational  for  at  least   10  years   as
determined by the MGB shall be placed under appropriate surface management by the
DENR or under the control and management of Ips/ICCs for those under ancestral domain
areas;
d)   Consistent  with  the  Mining  Act  of  1995,  areas  closed  to  mining  operations  shall  be
periodically reviewed through mineral exploration to be undertaken by the MGB for the
purpose  of determining whether or not their  continued  closure  is  consistent with  the
national interest and, if warranted, recommend their reclassification as mineral lands or
ancestral domain subject to RA 8371; and,
e)   In addition to areas indicated in RA 7942, applications for mineral, contracts, concessions
and  agreements  shall  not be  allowed  by  in  NIPAS  areas,  prime  agricultural  lands  and
lands   covered   by   CARP,   tourism   development   areas,   and   critical   ecosystems   as
determined by the DENR.
SECTION   49.  Reversion of Mineral Lands. -All mineral lands with exhausted mineral resources,
as  determined  by  the  MGB  upon  the  approval  of  the  DENR,  shall  revert  to  its  original  land
classification, that is, as forestland, agricultural land, or ancestral domain and shall be turned over to
the   concerned  ageney.   Provided   that  the   private  entity/organization  that  undertook  mining
activities shall be responsible for the rehabilitation of the mineral lands consistent with RA 7942.  In
the case of forestlands, the DENR may classify such areas for other purposes in consultation with
concerned LGUs, the DOT, and other national government agencies.
Article 6
Energy Resource Lands
SECTION    50.  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 for said purposes shall be guided by the following,
consistent with existing regulations and laws on energy resources:


a)     Indigenous energy resource exploration and development for the purpose of
a national energy resource inventory and database as well as energy resource block map
shall be allowed subject to the implementation of complementary watershed and other
land management plans;
b)     Energy   resource   exploration,   development,   production,   utilization,   and
distribution  shall  be  subject  to  the  appropriate  requirements  and  processes  of  the
Philippine  Environmental  Impact Statement (EIS)  system.  Each project shall  secure an
ECG, as applicable, prior to project implementation to ensure adequate and appropriate
environmental  management measures and optimum methods  for resource access  and
recovery are utilized; and,
c)      Energy reservations or portions thereof which have become or have been
established to be non-economically viable to  operate or are no longer used for energy
purposes  shall  be  released  to  give  way  to  other  land  uses,  subject  to  existing  laws
covering energy reservations.
SECTION  51.  Reversion of Energy Resource Lands. -  All exhausted indigenous energy resource
lands,  as  determined  by  the  DOE,  not  covered  by  proclamations  shall  automatically  revert  to  its
original  land  classification, that is,  as  forestlands  or agricultural  lands,  or ancestral  domains,  and
shall be turned over to the concerned agency. Exhausted energy resource lands shall refer to specific
energy  resource  sites  whose  energy  reserves  of the  desired  type/s  are  no  longer  in  sufficient
quantity or quality to justify additional expenditure for their extraction and utilization.
Article 7
Industrial Development Areas
SECTION   52.  Criteria for Designating Industrial Development Areas. -  Industrial development
areas shall be integrated into the national network of settlements defined by the NPFP, given that
industrial  areas  are  major  centers  of  employment  and  therefore  require  residential  and  other
community services  and  facilities,  Regardless  of their location,  industrial  areas  shall  be  linked  to
large cities and other settlements which serve as market and service centers of industries.
The  identification  and  establishment  of industrial  development  areas  shall  conform  to  the
provisions of RA 7916, otherwise known as the Philippine Economic Zone Act; RA 6657 as amended
by  RA  9700,   RA  8371   or  the  IPRA,   RA   7279   or  the  UDHA,  RA  8345   or  AFMA,  taking  into
consideration that those industrial areas shall, to the extent possible:
a)     Be   based   on   economic  activities   where   host  communities   have   existing  or  potential
industrial   advantages    (e.g.   labor   skills,   resource   inputs,   marketing   or   distribution
advantages);
b)     Maximize opportunities for local employment;
c)       Provide for or link to a mix of other land uses with support activities and services such as
residential, educational, transportation and other social services.; and,
d)     Consider the areas' carrying capacity and respect identified SAFDZ pursuant
to the AFMA, environmentally-critical, geo-hazard and other protected areas.
Locational guidelines for Industrial Development Areas shall be promulgated by the DHSUD, in
coordination with concerned agencies.  The designated industrial velopment areas shall become an
integral part of the CLUP and Z0 of the city or municipality where these areas are located.


Article 8
Tourism and Heritage Areas
SECTION    53.  Tourism  Enterprise  Zones  (TEZs).  -  The  Tourism  Infrastructure  and  Enterprise
Zone Authority (TIEZA) shall designate TEZs, upon concurrence of the LGU or private entity or joint
ventures  between  the  public  and  the  private  sectors,  subject  to  the  provisions  of  RA  9593  or
Tourism Act of 2009 and requirements set by the TIEZA.
Lands identified as part of a TEZ shall qualify for exemption from the coverage of RAs 7279
and 6657 subject to rules and regulations to be crafted by the TIEZA, DHSUD and DAR; Provided that
a certificate shall be obtained from the DA that said lands are no longer economically feasible and
sound for agricultural purposes, consistent with Section 46(c) of this Act.
The  designated  TEZs  shall  become  an  integral  part  of  the  CLUP  and  ZO  of the  city  or
municipality where these areas are located.
SECTION    54.    Identification  and  Declaration  of Areas  for  Protection,  Conservation  and
Preservation  of Cultural  Heritage.  -    Pursuant  to  RA  10066,  the  National  Historical  Institute
and/or the  National  Museum  in  consultation  with  the  National  Council  for Culture  and  the Arts,
NCIP,  DHSUD,  other  concerned  agencies  and  LGUs  shall  designate  heritage  zones  to  protect the
historical  and  cultural  integrity  of a  geographical  area.  Proposed  developments  adjacent  to  the
declared local, national and world heritage site shall not obstruct or diminish the character of the
heritage site.
Article 9
Transportation and Other Infrastructure Development
SECTION  55.  Strategic Transport Network. -   The national government, through the Department
of Transportation,  shall  establish  a  strategic  and  sustainable  multimodal  transport network that
provides  connectivity within the national network of settlements.   Such  connectivity shall include
linkages  among  existing  and  proposed  priority  urban  centers,  rural  areas,  production  hubs  and
tourism zones, distribution centers and markets, and key international points of entry.   It shall be
developed  to  promote  network  efficiency and  social  service  delivery,  to  catalyze  areas  identified
critical  for  economic  growth,  while  minimizing  negative  impacts  to  environmentally-critical  and
protected areas.
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,   PDPFPs   and
city/municipal CLUPs shall focus on the transportation network that corresponds to their respective
jurisdictions (internal integration) while maintaining consistency with the overall national networks
(external linkages).
SECTION   56.   Allocation and Use of Land for Infrastructure Development.  -  Land, whether
public or private, shall be allocated and utilized for priority transportation and other infrastructure
projects such as communication facilities, power lines, and water pipes.  Lands dedicated to right-of-
way for government facilities either established by statutes, or acquisition shall be devoted to public
use.    Once  implemented  or  defined  in  the  physical  framework  and  land  use  plans,  existing  and
proposed government infrastructure rights-of-way shall be protected from incompatible uses, such


as informal settlements, barangay hall, outposts, waiting sheds and other obstructions, by national
and local governments concerned.
SECTION   57.   Transportation and other Infrastructure Facilities and Utilities Within Geo-
hazard  Areas.  -    Construction  of new  infrastructure  facilities  within  geo-hazard  areas  shall  be
allowed: Provi.bed, That mitigating and/or preventive measures are adopted to address the potential
adverse   economic,   socio-cultural,   and   environmental   impacts   that  will   emanate   from   these
infrastructure  facilities,  subject  to  the  findings  and  recommendations  contained  in  the  ECC  as  a
result of the environmental impact assessment/statement and EGGAR prepared in accordance with
DAO 2003-30 and DAO 2000-28 and other applicable laws.
Existing   facilities   that   did   not   go   through   the   process   of  an   environmental   impact
assessment and pose threats to the environment, integrity of historic, archeological, or scientifically
significant  areas;  or  are  impinging  on  critical  ecosystems,  may  be  terminated  immediately,  or
gradually  phased-out  and  relocated,  or  maintained  up  to  their  life  span,  subject,  however,  to
mitigating  measures:  Provl.bed,  That  the  rules  on  mandatory  public  consultations  and  just  and
humane eviction or demolition shall also be observed prior to the termination, gradual phase-out, or
relocation of projects that will necessarily involve dislocation or displacement of people in the area.
CHAPTER VII
TRAINING, EDUCATION, AND VALUE FORMATION
SECTION   58.  Value Formation. -   In order to create a well-informed, responsible and committed
citizenry who values the protection, conservation, management and development of the country's
limited land, and other physical resources, the State shall mandate the inclusion of sustainable land
use  education  or any subject related  thereto  in  the  curricula  of primary,  secondary and  tertiary
education as well as technical and vocational education programs.
SECTION   59. Information and Education Campaign. -   The NLUC shall undertake a nationwide
education information campaign in land use and physical planning to be implemented by local and
national  government  agencies.  Concerned  agencies  shall  formulate  and  implement  a  land  use
management  capability-building  program  for  national  and  local  government  officials,  community
leaders, NGOs, POs, religious sector, and the general public.
CHAPTER VIII
SANCTIONS AND PENALTIES
SECTION  60.  Failure to Formulate, Enforce, and/or Implement the CLUPs. -  Within three (3)
years after the effectivity of this Act, all LGUs shall complete the formulation of their CLUPs. Failure
to formulate, enforce and/or implement the CLUPs shall be subject to the penalties and sanctions to
be imposed by the DHSUD pursuant to RA 11201 and its lmplementing Rules and Regulations.
SECTION   61.   Causing Irrigated Agricultural Lands to be Idle. -  Any person or juridical entity
who  shall  cause  any  irrigated  lands  whether  contiguous  for  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.
SECTION  62. Illegal or Premature Conversion of Agricultural Lands. -Any person found guilty
of premature  or  illegal  conversion  shall  be  penalized  with  imprisonment  of one  month  to  three
years, or a fine of five to ten percent (5-10%), or of the assessed value of the property, or both, at the
discretion  of the  court,  and  an  accessory penalty of forfeiture  of the  land  and  any improvement
thereon.
SECTION    63.    Non-Commencement  and  Non-Completion  of  Development  of Agricultural
Lands with Approved Order of Conversion. -  A landowner and his/her designated developer or
duly authorized representative who fails to commence development after two (2) years or complete
development after five (5) years from the issuance of the Conversion Order shall be penalized with
revocation of Conversion Order and forfeiture of cash bond.
SECTION  64. Change of use from the Previously Authorized Conversion Order. The landowner
and future landowner(s) of the property approved for conversion shall not change its use to another
use  not  authorized  under  the  Conversion  Order  without  prior  consent  from  the  DAR.     This
prohibition  extends  to  changes  in  housing  standards,  changes  in  selling  schemes,  changes  from
social  housing  to  open  market housing  or  vice-versa,  and  all  other  similar  changes.  Violation  of
which shall be penalized with revocation of Conversion Order and forfeiture of cash bond.
SECTION 65.   Payment of Disturbance Compensation. - Payment of disturbance compensation
shall be provided to those working on the land affected by agricultural land use conversion.
SECTION   66.     Setting of Fines.  - The  amount of fines  for all  violations  under this Act shall  be
determined by the NLUC.
CHAPTER IX
TRANSITORY AND FINAL PROVISIONS
SECTION  67.  Convening of the NLUC. -Within thirty (30) days from the effectivity of this Act, the
NLUC shall be convened by the Secretary of NEDA as the Council Chair.
SECTION    68.    Implementing  Rules  and  Regulations.  -      Within  ninety  (90)  days  from  the
effectivity  of  this  Act,  the  NLUC  shall  promulgate  the  rules  and  regulations  to  implement  the
provisions  of this  Act.  The  said  rules  and  regulations  shall  be  submitted  to  the  Congressional
Oversight Committee for approval upon compliance with publication requirements.
SECTION   69.   Congressional  Oversight Committee  on the  Land  Use Act.  -   There  is  hereby
created a Congressional Oversight Committee composed of seven (7) members each from the Senate
and House of Representatives to be appointed by the Senate President and the House Speaker.
The Oversight Committee sh,all, in aid of legislation, review the implementation of this Act,
especially the applicability of the sanctions and penalties, at least once in every 6 years and as often
as it may deem necessary.


The  secretariat  of the  Oversight  Committee  shall  be  drawn  from  the  existing  secretariat
personnel  of the  committees  comprising  the  oversight  and  the  funding  shall  be  taken  from  the
appropriations of both the House of Representatives and the Senate.
SECTION   70.  Appropriations. -   The appropriations for the National Land Use Committee under
NEDA  under the  current  General  Appropriations Act  (GAA)  shall  be  used  to  carry  out the  initial
operations of NLUC.  Thereafter, additional sums as may be necessary for the full implementation of
NLUC's function shall be included in the annual GAA.
SECTION   71.   Review of Existing Land  Use  plans.  -   Provinces,  cities,  and  municipalities  with
existing  land  use  plans  shall  review,  revise,  reconcile,  and  harmonize  the  same  with  the  revised
guidelines and standards set forth under this Section 10 of this Act within three (3) years from the
effectivity of this Act.
SECTION   72.   Repealing Clause. -    All republic acts, executive orders, rules and regulations, and
other issuances, or parts thereof, that are inconsistent with the provisions of this Republic Act are
hereby repealed or modified accordingly.
SECTION   73.   Non-impairment Clause. -   Nothing in this Act shall be  construed as to  diminish,
impair,  or  repeal  rights  recognized,  granted,  or  available  to  marginalized  or  basic  sectors  under
existing laws including but not limited to RA Nos. 7076, 7160, 7279, 7586 as amended by RA 11038,
7942, 8371, 8550, and 6657 as amended by RA 7881 and 9700, RA 9729, and RA 10121.
SECTION  74.  Separability Clause. -  If for any reason or reasons, any part or provision of this Act
shall be declared or held to be unconstitutional or invalid other parts or provisions hereof, which are
not affected thereby shall continue to be in full force and effect.
SECTION  75.  Effectivity clause. ~    This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved.