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

Twentieth Congress
First Regular Session

HOUSE BILL nd.010

Introduced by MAGBUBUKID PARTY-LIST Representative FERDINAND “B1” L. BELTRAN

EXPLANATORY NOTE

Ang lupa ang humuhubog sa kapalaran ng isang bansa. Ito ang nagtatakda
kung saan naninirahan ang mga tao, paano umuunlad ang mga pamayanan, saan
nagmumula ang pagkain, at kung saan tumatayo ang mga industriya. Sa Pilipinas, ang
lupa ay nasa sentro ng halos lahat ng suliranin—mula sa kahirapan at kakulangan sa
pagkain, hanggang sa pagsisikip ng mga lungsod at pagkasira ng kalikasan. Sa kabila
ng kahalagahan nito, ang lupa ay patuloy na napapabayaan, maling naipapamahagi,
at kadalasang hindi naiintindihan. Ang mga patakaran ukol sa paggamit nito ay
watak-watak sa iba’t ibang sektor, hindi pantay ang pagpapatupad, at madalas ay
ginagawa nang walang malinaw na direksyon 0 koordinasyon.

Ipinapanukala ng batas na ito ang pagtatatag ng isang National Land Use and
Management Policy—hindi lamang upang ayusin kung paano hinahati o
ipinapagamit ang lupa, kundi upang tugunan ang mas malalim na isyu ng katarungan,
pagpapanatili, at katatagan. Sa kawalan ng pambansang balangkas, napipilitang
gumawa ng mga desisyon sa lupa ang mga lokal na pamahalaan nang sila-sila lamang,
kadalasan ay ayon sa pansamantalang pakinabang o pampulitikang kaginhawahan.
‘Ang kawalan ng pagkakaugnay-ugnay na ito ay nagreresulta sa pagbabagong-gamit
ng matabang lupang sakahan tungo sa mga subdibisyon, mga kagubatan tungo sa
pagmimina, at mga baybayin tungo sa mga pamayanang lantad sa panganib. Hindi
hiwa-hiwalay ang mga epekto nito—ito ay nagkakapatung-patong at may
pambansang saklaw.

Sa pinakapuso nito, kinikilala ng panukalang ito na ang paggamit ng lupa ay
hindi lamang teknikal na usapin kundi isa ring pampulitika, pangkabuhayan, at
moral na tanong. Inaamin nito na ang mga desisyon hinggil sa lupa ay mga desisyon
tungkol sa uri ng kinabukasang nais nating likhain: kung magiging maayos bang


tirahan ang ating mga lungsod, kung mapapakain ng ating mga magsasaka ang bayan,
at kung mamanahin ng ating mga anak ang isang bansang matatag sa harap ng
sakuna at pagbabago ng klima.

Ipinapakilala ng batas na ito ang National Physical Framework Plan (NPFP)
bilang pangunahing batayan ng land use planning sa lahat ng antas ng pamahalaan.
Ngunit higit pa sa isang plano, ito ay nagtatatag ng isang sistema ng pamamahala na
nag-uugnay sa pambansang prayoridad at lokal na realidad. Nagtatakda ito ng mga
pinag-isang patnubay para sa agrikultura, paninirahan, imprastruktura, at mga lugar
na kailangang pangalagaan. Pinapalakas nito ang kakayahang teknikal ng mga LGU
at sinisiguro ang partisipasyon ng mga mamamayan lalo na yaong pinakaapektado
ng mga desisyon sa lupa.

Nilalayon din ng panukalang ito na lutasin ang paulit-ulit na mga tunggalian
sa paggamit ng lupa, pangalagaan ang mga kritikal na ekosistema, at magtakda ng
malinaw na pamantayan para sa pagbabago ng gamit ng lupa. Hindi nito
ipinagbabawal ang pag-unlad, ngunit hinihingi nitong ito ay maging responsable,
estratehiko, at makatarungan. Ang layunin ay hindi sentralisadong kontrol kundi
kolektibong pananagutan kung paano_ pinahahalagahan, ginagamit, at
pinoprotektahan ang lupa.

Matagal nang naging mahal ang kapalit ng kawalang-kilos. Iniaalok ng
panukalang ito ang isang daan tungo sa kaayusan kung saan ang mga desisyon ukol
sa lupa ay nakatuon sa kapakanang pambayan, hindi sa pansariling tubo, at kung
saan ang pag-unlad ay hindi ikinokompromiso ang hinaharap.

Sa ganitong konteksto, ang pagpasa ng National Land Use Act ay hindi lamang
nararapat, ito ay matagal nang hinihintay. Isa itong batas na matagal nang kulang, at
ang pagkakaroon nito ay magsisilbing hudyat ng pagbabago sa paraan ng ating
pamamahala sa pinaka-permanente at mahalagang yaman ng bayan: ang lupa.

Sa liwanag ng mga kadahilanang ito, taimtim na hinihiling ang agarang
pagpasa ng panukalang batas na ito.

sambayanang Pilipino,



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

Twentieth Congress
First Regular Session

nouse Bi No, 1010

Introduced by MAGBUBUKID PARTY-LIST Representative FERDINAND “B1” L. BELTRAN

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

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

CHAPTER I
INTRODUCTORY PROVISIONS

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

SECTION 2. Declaration of Policies and Principles. - it is the policy of the State

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

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

(©) Treat groups of islands, including parts of islands, interconnecting waters
and other natural features which are also closely interrelated, as forming an
intrinsic geographical, economic and political entity, or which historically
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(d) Strengthen the capacity of the local government units (LGUs) to manage
and maintain ecological balance within their territorial jurisdiction, in
partnership with the national government, in accordance with the
Philippine Constitution and Republic Act No. 7160 or the Local
Government Code of 1991.

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

(1) Maintenance and preservation of environmental integrity and stabili
(2) Sustainable and just management and utilization of natural resources;

(3) Disaster risk reduction and climate risk - based planning;

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

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

(6) Sustainable development and management of water resources;

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

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

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

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

(11) Energy security or energy self - sufficiency;

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

(13) Meaningful participation of the basic sectors.

SECTION 3. Scope - This act shall apply to all lands and all resources therein,
whether public, private, government - owned, and / or in the possession of any person,
whether natural or juridical, and shall guide the rational, holistic and just allocation,

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utilization, development and management of the country’s land and water resources
including such activities that bear impact on said resources.

SECTION 4. Definition of Terms. - As used in this Act:

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

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

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

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

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

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

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

(h) Comprehensive Land Use Plan (CLUP) - refers to a document embodying a
set of policies, accompanied by maps and similar illustrations that serve
as a policy guide for determining the future use of lands and natural
resources within the territorial jurisdiction of the LGUs. It represents the
community-desired pattern of population distribution and proposes
future allocation of land and resources to various activities, It includes

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the processes and criteria employed in such determination of allocation
of land and resources, it is a plan for the long-term management of the
local territory covering a period of a minimum of ten (10) years,
reviewable not earlier than every five (5) years base on the four (4)
categories of land use planning provided in Section 6 of this Act;

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

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

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

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

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

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

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

(p) Disaster risk reduction - refers to the concept and practice of reducing
disaster risks through systematic efforts to analyze and manage the

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casual factors of disasters, including reduced exposures to hazards,
lessened vulnerability of people and property, wise management of
land and the environment, and improved preparedness for adverse
events;

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

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

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

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

(u) Environmentally critical area - refer to areas declared by law as:

(1) areas for Natural parks, watershed reserves, wildlife preserves, and
sanctuaries;

(2) Areas set aside for aesthetic and visual value;

(3) Areas that constitute the habitat for any endangered or threatened
species of indigenous Philippine wildlife both flora and fauna;

(4) Areas of unique historic, archaeological, or scientific interests;

(5) Areas that are traditionally occupied by ICCs/Ips

(6) Areas with critical slopes;

(7) Areas frequented and/or hard hit by natural calamities such as,
but not limited to, geologic hazards, floods, typhoons and volcanic
activities;

(8) Recharge areas of aquifers;

(9) Mangrove areas;

(10) Coral reefs;

(11) Mossy and virgin forests;

(12) Rivers and riverbanks;

(13) Swamp forests and marshlands;

(14) Foreshore lands;

(15) protected areas pursuant to republic Act No. 7586 or the NIPAS

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Act of 1992; and

(16) areas set aside as aesthetic potential tourist spots. This term
shall also include other terrestrial, aquatic and marine areas that
need special protection and conservation measures because they are
ecologically fragile or they are needed for food security and food
self-sufficiency as determined by concerned agencies and LGUs in
consultation with the concerned stakeholders;

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

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

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

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

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

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

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

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

(dd) Forest Land Use Plan (PLUP) - refers to the allocation of forest lands
into their appropriate uses consistent with existing biophysical
conditions such as topography, soil type, land use, climate, water
sources and socioeconomic, cultural and political realities. Forest land

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use planning should be able to delineate protection and production
forests;

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

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

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

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

(ii) Inland waters - refer to waters, which are not coastal and marine waters,
and not subject to acquisitive prescription consistent with the provisions
of Presidential Decree No. 10 or the Water Code of the Philippines;

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

(kk) Key Biodiversity Areas (KBAs) - refer to the present most important sites
for Biodiversity conservation worldwide. These are places of

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

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

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

(nn) Land use - refers to the manner of allocation, utilization, management
and Development of land;

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

(pp) Mandatory public hearings/Consultations - refers to the mechanism to
ensure the involvement of concerned stakeholders and communities in
land use planning, from the barangay to the national level, to ensure the
social acceptability of the plans. It should involve giving notice of
hearing/consultation to concerned stakeholders through publication or
posting in conspicuous places, conduct of a reasonable number of
hearings, and solicitation of positions to arrive at a consensus. Public
presentation of the plans:

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

(rr) Mineral exploration - refers to the systematic searching or protecting for
mineral resources including energy resources;

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

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

(uu) Municipal waters - refers to not only streams, lakes, inland bodies of
water and tidal waters within the municipality which are not included
within the protected areas as defined under Republic Act No. 7586 of
the National Integrated Protected Areas System or the NIPAS Act of

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1992, public forest, timber lands, forest reserves of fishery reserves, but
also marine waters included between (2) lines drawn perpendicular to
the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third parallel with the
general coastline including offshore islands and fifteen (15) kilometers
from such coastline. Where the territory of a municipality includes
several islands, outermost points of such islands shall be used as base
points and connected by archipelagic baseline, irrespective of the lengths
of such baselines from the main coastlines. Where two (2) municipalities
are situated on opposite shores that there is less than thirty (3)
kilometers of marine waters between them, the third line shall be equally
distant from opposite shire of the respective municipalities;

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

(ww) National Land Use Policy Council (NLIPC) - refers to the administrative,
policy-making, and making regulatory body created under this Act;
(xx)National Park - refers to forest reservation essentially of natural
wilderness Character which has been withdrawn from settlement,
occupancy or any form of Exploitation except in conformity with
approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, natural and historic objects,
wild animals and plants therein and to provide enjoyment of these
feature in such areas. It shall also refer to lands and waters of the public
domain classified as such in the 1987 Constitution which include all
areas under the NIPAS, pursuant to Republic Act No. 7586 or the NIPAS
Act of 1992. Primarily designated for the conservation of native plants

and animals and associated habitats and cultural diversity;

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

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

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

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

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

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

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

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

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

(hhh) Protected forests - refer to forests and forestlands, in both public and

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

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

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

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

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

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

(nnn) Restoration zones - refer to forest areas where activities are conducted
to restore its forested state;

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

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

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

(rrr) Shoreline - refers to a strip of land covering at least one (1) kilometer
from the point where seawater reaches during the highest high tide;
(sss) Spatial data infrastructure -refers to a system consisting of spatial
data, technology, policies, practices, relationships, people and resources
necessary to acquire, process, store and distribute spatial information
to improve sharing and use throughoutall levels of the governmentand
private sector, among others, which shall be operationalized through
electronic system that provides access to a network of spatial data
sources and users and shall serve as the official linkage of the

government to international and regional spatial data infrastructure;

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

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

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

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

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

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

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

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

(bbbb) Tourism estates - refer to large tracts of land with well-defined
boundaries in any area, excluding those in protection lands, identified
in the Philippine tourism master plan and regional tourism masterplan,
by proclamation of the President and/or by acts of Congress and/or by
local legislation and declared suited for the development of an

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integrated tourism and resort complex with prescribed carrying
capacities and limits for its facilities and activities;

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

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

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

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

(gggg) Urban forestry or Green space - refers to the establishment or setting-
up of areas for mini-forest, eco-parks or small nature parks, in both
public and private lands: wetlands, humans-made lagoons and lake
systems, riverbanks and shores, grasslands, roof and rock gardens:
liningroads 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;

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

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

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

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

(ill) Zoning ordinance (ZO) - refers to a local law passed by the

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

CHAPTER II
FRAMEWORK FOR LAND USE PLANNING

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

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

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

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

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

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

(A) Identification of geo-hazard prone areas and high risk/danger zones
and corresponding risk reduction measures to ensure the prioritization
of life and safety: Provided, that specifically identified and assessed as
extremely hazardous and high-risk/danger zones shall be similarly

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protected and cleared from all forms of human-made obstacles,
obstructions and instructions to ensure and secure public health and
safety;

(g) Respect for existing customary rights and traditional land uses of ICCs/IP;

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

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

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

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

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

(1) Natural and restored forests, which consists of:
(i) All existing areas within forestland containing primarily and
secondary forest of whatever types or species;
(ii) All existing areas within forestland containing secondary-growth
or residual forests of whatever type or specie;
(iii) Areas identified as key biodiversity areas (KBAs);
(iv) Restoration areas;
(v) All mangroves forests;
(vi) All easement areas as defined under Presidential Decree No.
1067, otherwise known as the Water Code of the Philippines; and
(vii) All other areas that would be deemed appropriate for protection,
as designated by the Department of Environmental and Natural
Resources (DENR), subject to the approval of the NLUPC created
pursuant to Section 55 hereof.

(2) Rehabilitated and/or reforested degraded mining areas;

(3) Critical ecosystem for protection, such as:
(i) Coral reefs;
(ii) Marshes and wetlands;

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to:

(iii) Lake and rivers;
(iv) Caves; and
(v) Waterfalls.
(4) Disaster-prone areas that include areas subject to, or may be subject

(@ Recurrent flooding;
(ji) Liquefaction;

(iii) Tsunamis;

(iv) Storm surges;

(v) Polar vortex;
(vi) Mass wastin

(vii) Volcanic eruption
(viii) Direct impact of seismic activity;
(ix) Other disaster caused by climatic conditions; and
(x) Other areas that pose a high degree of hazard to human
occupation and activity.

(5) Critical watershed areas;

(6) Marine protected areas;

(7) All prime agricultural land as defined under this Act;

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

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

(10) Allother areas not included and declared as production areas
shall become protected areas.

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

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

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

(iii) All lands that are traditional sources of staple food;
(iv) All croplands required to attain a certain scale of production to
sustain the economic viability of existing agro-based industries in
the municipality, city or province; and

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{v) All lands in areas not highly prone to natural hazards that are
suitable for the production of tree crops and other cash crops.
(2) Coastal, inland water and marine zones, such as fishponds;
(3) Production forests, such as:
(i) All areas within forestland not classified as protection forests
under Section 6{a) and shall be devoted to the production of
timber and/or non-forest products or the establishment of
industrial tree plantations, tree farms, woodlots, agro-forestry, or
as multiple-use forests;
(ii) All areas within forestlands considered as rangelands for grazing
purposes; and
(iii) All areas within forestlands managed under the community-
based forest management in areas not classified as protection
forests.
(4) Rangelands for grazing;
(5) Industrial development areas; and
(6) Tourism development areas, including potential small island for
similar purposes.
(c) Settlements and Institutional Land Use refers to the use of urban and
rural lands for settlements development purposes and/or improvements
on existing settlements involving the spatial distribution of population,
identification of the roles and functions of key urban centers,
determination of relationships among settlement areas, and the provision
of basic services and facilities to such settlements. It shall also include lands
identified for institutional uses such as educational, administrative,
government, law enforcement, health care and social services. Settlements
and institutional land uses aim to ensure for the present and future
generation the:
(1) Effective integration of activities within and among settlements,
allowing efficient movement of people and production of commodities
through the provision of appropriate land, infrastructure, and
facilities; and
(2) Access of the population to housing, education, health care,
recreation, transportation and communication, sanitation, and basic
utilities such as water, power, waste disposal, and other services;
(d) Infrastructure Land Use refers to the use of land dedicated to the
provision of basic services that foster economic and other forms of
integration necessary for producing or obtaining the material
requirements of Filipinos, in an efficient, responsive, safe and ecologically
friendly built environment. It includes, among others, subsectors like:
road networks, transportation and communication facilities, social
services, environmental services facilities, and utilities.

Provided, That the determination of the functional uses of lands within
ancestral domains should be consistent with the land use categories
provided for in this Act: Provided, further, That other subcategories of land
uses in delineated ancestral domains may be formulated by the concerned

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ICCs/IPs themselves in accordance with their particular needs and
traditional resource and management systems.

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

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

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

SEC. 8. Adoption of Multiple Uses of Land. - The primary and alternative uses of a
specific land resources shall be determined and evaluated by the respective local land use

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

CHAPTER Ill
SPECIAL AREAS OF CONCERN

ARTICLE ONE. LAND USE CLASSIFICATION

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

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

SEC. 10. Consideration of Assessment Report. - Upon validation and affirmation

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by local land use boards, the land use classification assessment report submitted by the
LMB shall be taken into consideration by the NLUPC in the formulation of its planning
guidelines.

ARTICLE TWO. NIPAS AREAS

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

ARTICLE THREE. AGRICULTURAL LANDS

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

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

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

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

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

ARTICLE FOUR. ANCESTRAL DOMAIN

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

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

SEC 16. Ancestral Domain Policy Adoption. - Ancestral domain policies shall be
adopted in the LGU’s land use policy framework. However, in the event that the
ADMP/ADSDPP is still in the formulation stage or remains to be formulated, the right to
self-determination, and the observance of traditional resource and

management systems and processes shall be upheld at all times, as provided for under
Republic Act No, 3871.

ARTICLE FIVE. FOREST LANDS AND RESERVATION OF
WATERSHED

SEC. 17. Permanent Forestlands. - All forestlands are classified as forest or
timberlands. Titles, settlements, permits, leases, and/or agreements within critical
habitats, critical watershed areas, protected areas and KBAs shall be reviewed, and their
legality affirmed. All erroneous titles, settlements, permits, leases and/or agreements
within permanent forestlands shall be cancelled or revoked in due course. Noncompliance
with and violations of these instrument shall be grounds for their cancellation or
revocation:

Provided, That the applicable provision of Republic Act No. 3871 shall be respected.

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE SIX. COASTAL ZONES

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

(a) Areas vegetated with mangrove species shall be protected,
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preserved and managed as mangrove forestland and shall not be

converted to other uses;

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(b) Areas that meet all accepted criteria on elevation, soil type, soil

depth topography, supply for successful fishpond development,
and are not identified as mangrove protected areas, shall be utilized
for aquaculture purposes as long as a 4:1 ratio for mangroves and
fishponds is maintained to support ecological processes in
mangrove ecosystem;

(©) Areas subclassified as mangrove and still suitable for use as such, or

due to environmental conditions need to be preserved as mangroves
but are devoid of mangrove stands, shall not be converted to other
uses. The DENR shall ensure that these lands shall be reforested
within a given period of time.

(d) Areas accessible to the sea and identified for fisherfolk settlement

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

(e) Areas that are neither subclassified as mangrove, fisherfolk

settlement nor fishpond may be devoted to recreational or tourism
purposes: Provided, That such undertaking will not result in
environmental degradation and displacement of small fisherfolk;

() Areas which are considered as traditional fishing grounds shall be

used primarily for such purpose;

(g) Areas shall be allocated for small infrastructure needed by municipal

fisherfolk and for fishing gear, boats, and post-harvest facilities; and

(h) Areas which form part of foreshore lands as defined in this Act,

including those under lease agreements or arrangements shall
undergo zoning and evaluation so their boundaries, actual sizes
and corresponding uses can be determined while ensuring that
mangrove protection or restoration zones are considered to keep the
required 4:1 ratio between mangroves and fishponds.

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

(a) Conduct of a comprehensive inventory and resource and

environmental assessment by the DENR with respective LGUs and
accredited Nongovernment organizations/people’s organizations
(NGOs/POs) within their jurisdiction. The result of such

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assessment along with a list of all existing applications and expired
Foreshore Lease Agreements shall be posted in three (3)
conspicuous places in the affected localities; and

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

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

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

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

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

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

SEC. 29. Disposition of Public Lands for Fishponds. - Upon the effectivity of this

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

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

ARTICLE SEVEN. MINERAL LANDS

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

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

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

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

(©

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

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

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

ARTICLE EIGHT. ENERGY RESOURCES

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


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

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

Protected areas as defined in Section 4 hereof shall be closed to any
kind of energy resource development;

©

(

(d

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

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

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

ARTICLE NINE. SETTLEMENTS DEVELOPMENT

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

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

SEC. 38. Designation of Waste and Environment Management Site. - Each city or
municipality shall identify and designate an area to serve as waste and environment
management, waste disposal, and facilities within one (1) year from the effectivity of this

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Act. The LGUs, in coordination with the DENR or any other competent authority, shall
identify sanitary landfill in order to fast-track the conduct of the Environmental Impact
Assessment (EIA) study and to facilitate the processing of the ECC. The site or area shall
be identified in the city’s or municipality's CLUP. For this purpose, cities and
municipalities shall establish their solid waste management program, pursuant to
Republic Act No. 9003, otherwise known as the “Ecological Solid Waste Management Act
of 2000”.

Likewise, as provided under Section 33 of the Local Government Code of 1991,
cities and municipalities may, through appropriate ordinances, bind themselves towards
the establishment of a common solid waste management program. Within ninety (90)
days from the effectivity of this Act, the DENR, in coordination with concerned agencies,
shall promulgate the necessary guidelines and standards for the formulation and
establishment of solid waste management programs by cities and municipalities, and
shall submit the same to the NLUPC for review and approval.

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

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

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

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

SEC. 40. Zoning of Identified Sites for Socialized Housing. - The identified sites for
socialized housing shall be located in residential zones identified by the city’s or
municipality's CLUP and ZO duly approved by the NLUPC. However, for cities and

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municipalities where the identified sites are not within the said residential zones, the
location shall be within the priority sites and conform with the suitability criteria as defined
in Sections 6.3 and 6.4 of the Guidelines in HUDCC Resolution No. 521, Series of 1992, or
as may be defined in subsequent issuances. The identified sites shall be zoned as
socialized housing zones as defined herein.

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

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

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

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

(b) Along established urban growth directions;

(c) With provision for or can be provided with basic services and utilities;

(d) Within the 0 to 8% slope range; and

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

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

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

ARTICLE TEN. INDUSTRIAL DEVELOPMENT AREAS/SITES

SEC. 45. Criteria for Designating Industrial Development Areas. - The
identification and establishment of industrial development areas shall conform to the
provision of Republic Act No. 7916 or the SEZA of 1995 as amended by Republic Act No.
8748, Republic Act No. 6657 or the Comprehensive Agrarian Reform Law (CARL) as
amended by Republic Act No. 9700 or the Comprehensive Agrarian Reform Program
Extension with Reforms (CARPER), Republic Act No. 8371 or the IPRA, Republic Act No.

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7279 or the UDHA, Republic Act No. 8550 or the Philippine Fisheries Code as amended
by Republic Act No. 10654, and Republic Act. No. 8435 or the AFMA, taking into
consideration the following:

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

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

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

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

(e) National and Urban Development and Housing Framework;

(0) Identified Socialized Housing Zones; and

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

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

ARTICLE ELEVEN. TOURISM DEVELOPMENT AREAS

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

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

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SEC. 47. Identification and Preservation of Cultural Heritage. - In accordance with
Republic Act No. 10066 or the National Cultural Heritage Act of 2009, the National
Historical Commission for Culture and the Arts (NCCA) in coordination with other
concerned agencies, local communities, and the private sector, shall identify and declares
areas and structures which shall be protected and preserved as part of the Philippine
cultural heritage. The NHCP and the NM, in consultation with the NCCA and the HLURB,
shall designate heritage zones to protect the historical and cultural integrity of a
geographical area that is significant to national history.

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

ARTICLE TWELVE. INFRASTRUCTURE DEVELOPMENT

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

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

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

b. Upgrade existing facilities to international public safety standards;

c. Address the need for sustainable settlements development; and

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

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

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

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

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

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

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

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

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

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

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

Furthermore, it shall consider the existing Regional Physical Framework Plans
(RPFPs) and the Provincial Physical Framework Plans (PPFPs). The RPFPs, the PPFPs
and the CLUPs, which cover the physical development of their respective territories, shall
be consistent with the NPFP.

Provided, That the integration and harmonization of physical framework plans atall
levels shall be iterative to ensure that the concerns of both top and bottom levels of
government are considered in the NPFP, the RPFPs, the PPFPs and the CLUPs.

The physical framework and land use plans prepared at all levels shall be
consistent with each other, specifically on the linkages of the major land use categories to.
ensure their complementation in the utilization, development and management of
resources. The period of coverage of the national, regional and provincial framework
plans shall be thirty (30) years with regular review and updating every ten (10) years.

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

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

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

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

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

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made consistent with the objectives identified in the RPFP.

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

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

The PPFP shall serve as the basis for the preparation of the Provincial Development
Plan (PDP) and the Provincial Development Investment Program (PDIP). The PPFP, the
PDP, the PDIP and/or the Provincial Physical Framework and Development Plan
(PPFDP) shall serve as the basis for the formulation of sectoral action plans of national
government agencies in the province and all LGUs within its jurisdiction. The province
may opt to prepare their PDP alongside the preparation of PPFP and consolidate them
into a PPFDP: Provided, That PPFDP shall remain consistent with the PPFP: Provided,
further, That any review or changes in the PPFP shall coincide with the overall review
process of the NPFP. The Provincial Land Use Planning and Management Board
(PLUPMB) created under this Act shall ensure that the PPFP is consistent with the national
and regional planning framework and guidelines issued by the NLUPC/RLUPC. The PPFP
shall be presented to the Provincial Development Council (PDC) for endorsement to the
Sangguniang Panlalawigan, which shall formally adopt and approved the PPFP. The
approved PPFP shall be submitted to the RLUPC for consolidation and integration into
the RPFP.

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

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

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

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

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

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

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

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

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

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

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

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the evolution of policies.

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

‘The members of the Council shall be the following:

(a) The Secretary of the DAR;

(b) The Secretary of the DA;

(©) The Secretary of the DENR;

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

(€) The Chairperson of the NCIP;

(0) The Chairperson of HUDCC;

() The Chief Executive Officer of the HLURB;

(h) The Administrator of the NAMRIA;

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

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

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

0

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

(m)The Head of the NLUPC Secretariat who shall be nonvoting ex officio
member.

The members of the Council who are Cabinet Secretaries may designate
their duly authorize and permanent representatives whose ranks in no
case be lower than Undersecretary.

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

(a) Guide the determination and identification of the country's strategic
land use development and physical planning objectives, priorities and
directions, 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;

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 59. Regional Land Use Policy Council (RLUPC). - At the regional level, the

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

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

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

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

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

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

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

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

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

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

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

SEC. 61. Powers and Responsibilities of the Provincial Land Use Planning and
Management Board. - The following are the powers and responsibilities of the PLUPMB:

(a) Formulate necessary provincial planning guidelines __ and/or
implementing policies for the preparation and formulation of the
respective CLUPs within its jurisdiction consistent with approved

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national and regional planning policies and guidelines;

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) The Provincial Environmentand Natural Resources Officer (PENRO);

(f) The Provincial Agricultural Officer (PAO);

(g) The NCIP Provincial Officer;

(h) The HLURB Regional Officer;

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

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among the accredited organizations within their respective development
councils;

6

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

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

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

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

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

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

SEC. 64. Powers and Responsibilities of the City/Municipal Land Use Planning and

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1 Management Board. - The C/MLUPMB shall exercise the following powers and
2 functions;
3 {a) Ensure the inclusion of the input of the barangays within the jurisdiction
4 of the respective city/municipality on sectoral, temporal and spatial
5 dimensions of the plan and its consistency with approved national,
6 regional and provincial planning guidelines;
7 (b) Review, monitor and assess the implementation and operationalization
8 of the approved CLUP and its consistency with physical planning and
9 land use management objectives and goals identified on the CLUP;
10 (©) Issue a Certificate of Compliance to the Sanggunian as proof that CLUP
11 is compliant with national land use policies, guidelines and standards;
12 (d) Submit the LDC the draft CLUP for its transmission to the Sanggunian
13 and for the LDC to use it as basis for consistency of and complementation
14 with other development plans;
15 (e) Decide and resolve policy conflicts on land use planning, classification,
16 and allocation that may arise between or among barangays and
17 facilitate the resolution of any unresolved land use conflict, including
18 boundary conflicts, involving barangays;
19 (f) Based on the CLUP, review and endorse for approval/disapproval
20 applications for locational clearances, building and zoning permits
24 and/or other planning-related requirement for any project, both private
22 and public, that is submitted to the LGU for issuance;
23 (g) Advise the Sangguniang Bayan on all matters pertaining to land use and
24 physical planning; and
25 (h) Promote cooperation and sharing of resources between and among its
26 barangays and neighboring LGUs to address common land use and
27 development issues including those related to geo-physical hazards,
28 watershed and river basins, costal and marine waters, climate change
29 impact and disaster risks.
30 SEC. 65. Composition of the C/MLUPMB. - The C/MLUPMB shall be composed of

31 _ the following thirteen (13) members and shall be headed by a Chairperson:
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33 (a) The City/Municipal Planning and Development Coordinator (C/MPDC);
34 (b) The Chairperson, Sangguniang Bayan Committee on Environment and
35 Natural Resources;

36 (c) The President of the Association of Barangay Captains (ABC);

37 (d) The Municipal Agrarian Reform Officer (MARO):

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

40 (8) The Municipal Agriculture Officer (MAO);

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

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councils;

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

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

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

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

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

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

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

SEC. 67. Approval of RPFP and NPFP. ~ The RPFP and NPFP shall be submitted for
review and approval of the RLUPC and NLUPG, respectively, upon the conduct of
appropriate stakeholder and agency consultations: Provided, That such process and

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guidelines shall be prepared and issued by the NLUPC within six (6) months from the
effectivity of this Act.

CHAPTER VIII
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

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

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

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

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

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

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

SEC. 69. Maps for Planning. - Within one (1) year after the NLUPC’s approval of
the Guidelines and Standards for planning at all levels, available NAMRIA maps and all

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maps made available to NAMRIA by supporting agencies shall be submitted to the
NLUPC for national, provincial, cities and municipalities planning. The NLUPC shall
forward these maps to the respective PLUPMBs and C/MLUPMBs after it has reviewed
and approved them. Pertinent maps to be produced through the NMSDIP shall include,
among others:

a.

“rm mepeaogs

2pos

Topographic Maps;

. Geologic Maps;

Hydrologic Maps;

|. Climate Maps;
. Soils Maps;

Slope Maps;
Mineral Resource Maps;

. Existing Land Use Maps;

Land Suitability Maps for:
1) Settlements;
2) Agriculture;
3) Industrial areas; and
4) Others,
Agricultural Maps:
1) Network of Protected Areas for Agricultural and Agro-industrial
Development;
2) Commodity Specific Development Guide Maps;
3) Land Limitation Maps;
4) Cropping System Zones Maps;
5) Hydro-ecological Conditions Map; and
6) Irrigation Systems Maps.
Land Classification Maps;
Municipal Waters Delineation Maps and MPAs;
Geo-Hazard Maps:
1) Flood-Prone Areas;
2) Hazard Zonation Maps for Volcanoes;
3) Map of Fault Systems;
4) Tsunami-Prone Areas; and
5) Erosion Prone Areas;

. Tourism Maps;
. Transportation Maps;

. Traffic Flow;

|. Maps Designating Areas Served by:

1) Power;
2) Telecommunications; and
3) 3) Water.
Maps indicating the following facilities:
1) Health;
2) Education; and


ervranrkrene

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3) Power.
Domestic Water Supply;
Industrial Areas;
|. Population Distribution Maps;
. Ancestral Domain Map;
. NIPAS Areas;
. Areas Suitable for Urban Expansion;
._ Watershed Areas; and
Forest Lands:
1) Protection Areas;
2) Production Areas; and
3) Restoration Areas;

NS x eS EY

aa, Key Biodiversity Areas; and
bb. Marine Protected Areas

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

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

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

SEC. 72. Ground Delineation of Land Use. - For effective planning to take place at
the local level and for easy enforcement of the ZO of each city/municipality, land uses
must be identifiable both on the map and on the ground. A Joint Committee comprised
of the LGU, as represented by its C/MLUPMB, and of the national government agency
concerned, to be assisted by the C/MPDC, shall identify and delineate on the ground the
land uses within their jurisdiction. The following shall be given priority:
(a) Forest Lands:
(1) Protection; and
(2) Production.
(b) Ancestral Domains:
(©) NIPAS Areas:

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(1) Strict Protection Zone; and
(2) Municipal Use Zone.
(d) Watershed Areas:
(4) Critical; and
(2) Multiple Use.
(e) Network of Protected Areas for Agricultural and Agro-industrial
Development (NPAAAD);
(8) Socialized Housing Sites and Settlement Expansion Areas;
(g) Extents of environmentally Constrained Areas;
(h) Easement Areas;
(i) Critical coastal Areas:
(1) Mangroves; and
(2) Sea grass

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

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

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

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

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

SEC. 74. Scope and Nature Responsibilities of Other National Government
Agencies. - All concerned national government agencies/bodies shall periodically report
to the NLUPC on the various activities and accomplishments on land use. Likewise, they

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shall provide their respective sectoral/development plans and provide technical and
administrative support if called upon by the NLUPC for the implementation of the
provisions of this Act.

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

CHATER IX
TRAINING, EDUCATION AND VALUES FORMATION

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

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

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE ONE, INCEMTIVES AND AWARDS

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

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

ARTICLE TWO. SANCTIONS AND PENALTIES

SEC. 80. Fine for Failure to Commence or Complete the Development of
Agricultural Lands With Approved Conversion Order. - For agricultural lands with
approved conversion orders, the provisions of Republic Act No. 6657 (CARL), as

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20
2a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
4B
44
45
46
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amended by Republic Act No. 9700, shall apply. A landowner and/or the designated
developer or duly authorized representative who fail to commence and/or complete the
development plan defined in the conversion order shall be jointly and severally
penalized. The following fines based on the zonal value or the fair market value of the
land, whichever is higher, at the time the fine shall be imposed:
(a) Failure to commence within three (3) years from the date of the conversion

order:

(1) Three percent (3%) for the first three (3) hectares;

(2) Ten percent (10%) for the next three (3) hectares; and

(3) Fifteen percent (15%) for the remaining area.

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

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

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

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

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

SEC. 82. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas Allowed for Reclassification. - Any person initiating,
causing, inducing, or abetting the reclassification to nonagricultural uses of protected
agricultural areas as defined in Section 13 hereof shall be penalized with imprisonment of
twelve (12) years or a fine of not less one hundred thousand pesos (P100,000.00), or both,
at the discretion of the court. If the offender is a public official or employee, whether
elected or appointed, the penalty shall also include dismissal from service, forfeiture of
entitlements accruing to the public position, and perpetual disqualification to run or
apply for any elective of appointive public position. If the offender is a juridical person,
the penalty shall be imposed on the president, chief executive officer, manager,
chairperson and all members of the Board, and other responsible officers thereof. The

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

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

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

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

SEC. 86. Utilization of Fines. - The fines collected under Section 84 hereof shall
automatically accrue to the Agrarian Reform Fund consistent with the provision of the
Comprehensive Agrarian Reform Law.

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

(a) Failure of the CLUPs/Zos to confirm to the guidelines provided in the
NPEP;

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

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

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

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

(1) Three (3) to six (6) months, in case of noncompletion of the CLUP;

or

49


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

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

SEC. 88. Illegal Conversion of City or Municipal Parks, Communal Forest, and Tree
Parks in Subdivisions. - Penalties in the amount of one hundred thousand pesos (P
100,000.00) to five hundred thousand pesos (P 500,000.00), or imprisonment of six (6) years
and one (1) day to twelve (12) years, or both, at the discretion of the court, shall be
imposed for each of the following offenses:

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

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

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

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

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

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

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

Itnotsuitable for use by the DENR, said improvements, vehicles, domestic animals
and equipment shall be sold at public auction, the proceeds from which shall accrue to
the Forest Conservation and Development Fund (FCDF).

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

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

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For this purpose, the Congress may call upon the NULPC to undertake the necessary
researches and consultation.

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

SEC. 91. Implementing Rules and Regulations. - Within ninety (90) days from
the effectivity of this Act, the NLUPC shall promulgate its implementing rules and
regulations (IRR) including the rules on the selection of the members of the C/MLUPMB
and the PLUPMB. It shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of national circulation.

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

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

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

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

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

The Oversight Committee shall function for a period of not more than three (3)
years to oversee the implementation of this Act. The secretariat of the Oversight Committee

51


shall be drawn from the existing secretariat personnel of the committees comprising the
oversight.

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

SEC. 98. Repealing Clause. - Section 10 of Republic Act No. 8435 and Sections 447
(a2vii) and 458 (a2viii) of Republic Act No. 7160 and related laws and administrative
issuances are hereby modified by Section 13 thereof. The pertinent provisions of
Executive Order No. 648; Executive Order No. 72 Series of 1993; and Executive Order No.
770, Series of 2008, amending Letter of instruction (LOI) No. 1350, are also modified
accordingly, Section 11 of Republic Act No. 8435 as to penalty for agricultural inactivity
and premature conversion is also modified by Section 83 hereof. LOI No. 1350, Series of
1983; Presidential Proclamation No. 2282, Series of 1983; and all other general and special
laws, acts, decrees executive orders, proclamations and administrative regulations, or any
part thereof which are inconsistent with this Act are hereby repealed or modified
accordingly. All republic acts, executive orders, rules and regulations, and other
issuances or parts thereof which are inconsistent with the provisions of this Actare hereby
repealed or amended accordingly.

SEC. 99. Separability Clause. - If, for any reason, any section of or provision of this
Act is declared unconstitutional or invalid, the other sections or provisions not affected

thereby shall remain in full force and effect.

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

Approved

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