FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

HB.No._ 35383

Introduced by Honorable Lorenzo R. Tafiada III

EXPLANATORY NOTE

The optimum use of land as a valuable and vital resource is key to genuine national progress.
Presently, we have a plethora of statutes that govern land use in vatious dimensions such as housing
and urban development, agrarian reform, agriculture and fisheries, and so on. Despite the existence
of such laws, it is still imperative to craft a National Land Use Policy to establish and promote order
in the rational, holistic, and fair allocation, utilization, management, and development of our land
resources under the principles of social justice and sustainable development.

In particular, this bill aims to create a policy that will advance the sustainable and just management
and utilization of natural resources, the maintenance and preservation of environmental integrity and
stability, the protection of prime agricultural lands for food production activities, the protection of
the right of basic sectors to equitable access to the countzy's land, arnong others.

‘This measure provides four major functional uses of land to guide the determination of physical
framework plans. Specifically, these categories are Protection Land Use, Production Land Use,
Settlements Development, and Infrastructure Development.

‘The creation of the Land Use Policy Administration (LUPA) is also proposed. The LUPA shall be
the highest policy-making body on land use and final arbitrator on land use conflicts between ox
among agencies, branches, ot levels of the government. Moreover, it shall integrate efforts, monitor
developments relating to land use and the evolution of policies, and regulate and direct land use
planning processes.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

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RepreMbitative
4" District, Quezon


(© Rational population distribution and settlements development;

(@ Spatial integration that links consumption and production ateas to achieve physical and
economic integration through appropriate infrastructure systems;

(h) Equitable and sustainable economic growth and balanced and dispersed industrial and

tourism development guided by the principles of agrarian reform, urban land reform, and
rural development;

() Private-public partnership where government provides-the appropriate policy, legal, and
institutional framework to guide the private sector's management of resources;

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

(W) Respect for and protection of the sustainable traditional resource right of the Indigenous
Cultutal Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains to ensure
their economic, social, and cultural well-being as well as recognition of the applicability of
customary laws and sustainable traditional resource use and management, knowledge, and
practices in ancestral domains;

() Protection of the right of basic sectors to equitable access to the country's land and other
resources through State regulation of land valuation to prevent uncontrolled land
speculation resulting in tremendous increase in land pricing;

(m) Protection, conservation and preservation of the Filipino historical and cultural heritage and
resources for the deeper understanding of our history and culture as a people;

(0) Attainment of energy security or energy self-sufficiency through sustainable and priority
development of indigenous energy resources;

(0) An integrated approach to the utilization, allocation, development and management of water
as a limited resource to complement and support sustainable land utilization; and

(p) Market orientation where the interplay of market forces within the framework of ecological
and intergenerational factors is encouraged and adopted as the basic parameter in achieving
efficiency in land use and allocation.

Itis also the policy of the State to institutionalize land use and physical planning as a mechanism for
identifying, determining, and evaluating alternative land use patterns. This shall be supported by a
national land use allocation system and a land use and resource information and management
system. The local government units (LGUs) shall share with the national government the
responsibility of managing and maintaining ecological balance within theit tertitorial jurisdiction as
stated in the Constitution and the 1991 Local Government Code otherwise known Republic Act No.
7160.



FIFTEENTH CONGRESS OF THE: )

REPUBLIC OF THE PHILIPPI! )
FIRST REGULAR SESSION )
HOUSE OF REPRESENTATIVES
HB.No_ 35383

Introduced by Representative Lorenzo R. Tafiada IIT

AN ACT
INSTITUTING THE NATIONAL LAND USE POLICY OF THE REPUBLIC OF THE
PHILIPPINES, PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR,
AND FOR OTHER PURPOSES

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 as the National Land Use Act of the Philippines.

SECTION 2. Declaration of Policy.
fair allocation, utiliz:

It is the policy of the State to provide for a rational, holistic, and
ement, and development of the country’s land resources to ensute
their optimum use consistent with the principle of social justice and sustainable development.

‘Toward this end, the State shall adopt a land use and allocation pattern that promotes and e

ures:

(a) Sustainable and just management and utilization of natural resources;

(b) Maintenance and preservation of environmental integrity and stability;

(©) Food security in basic food commodities with emphasis on self-sufficiency in rice and corn
production through efficient and sustainable use of land resources consistent with the

principles of sound agricultural development, natural resources development, and agrarian
reform;

(@) Protection of prime agricultural lands for food production activities and highest priority to
the completion of the Comprehensive Agrarian Reform Program (CARP);

(©) Sustainable development and management of water resources towards water security;


Guided by the principle that the use of land bears a social function and that all economic agents
shall contribute to the common good, landowners shall be held responsible for developing and
conserving their lands thereby making their lands productive and supportive of environmental
stability.

SECTION 3. Scope. - ‘This Act shall apply to all lands whether public, private, government-owned,
and/or in the possession of individuals, communities, indigenous peoples, or groups of people, to

guide and govern the use, allocation, and management of land resources including such activities
that bear impact on said resources.

CHAPTER II
DEFINITIONS

SECTION 4. Definitions. - As used in and for purposes of this Act, the following terms shall mean:

(@ Agricultural land refers to lands devoted to or suitable for the cultivation of the soil;
planting of crops; growing of fruit trees; raising of livestock; poultry, fish or aqua-
culture production; including the harvesting of such farm products; and other farm
activities and practices performed in conjunction with such farming operations done by
persons whether natural or juridical and not classified by law as mineral land, forest land, ”
residential land, commercial land, or industrial land;

()) Agricultural land use conversion refers to the undertaking of any development
activity which modifies or alters the physical characteristics of agricultural lands: to
render them suitable for non-agricultural purposes with an approved order of
conversion issued exclusively by the Department of Agrarian Reform (DAR);

(©) Alicnable 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;

(@ 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 1998";

(©) Coastal Area / Zone refers to a band of dry land and the adjacent ocean space (water
and submerged land) in which terrestrial processes and uses directly affect oceanic
ptocesses and uses, and vice versa. Its geographic extent may include areas within a
landmark limit of one (2) kilometers 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 200 meters isobath to include coral reefs, algal flats,
seagrass beds, and other soft-bottom areas. For purposes of initiating and implementing
sustainable coastal resources protection and management, it shall include foreshore
lands;

(9 Comprehensive Land Use Plan (CLUP) iefers to ‘2 document embodying specific
proposals for guiding and regulating growth and/or development. It is also a translation


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into spatial dimensions and allocation of the various sectoral land requirements and
includes a land use map, the factors indicating the socially desired mix of land uses and a
set of policies to guide future development. It identifies the allocation, character, and
extent of the areas of land resources to be used for different purposes and includes the
processes and the criteria employed in the determination of the land use. It incorporates

the protected areas including the protected agricultural lands provided for in Section 30
hereof;

Comprehensive land use planning refers to the act of defining the allocation,
utilization, development, and management of all lands within a given territory ot
jurisdiction according to the inherent qualitics of the land itself and in pursuit of
sustainable economic, demographic, socio-cultural, and environmental objectives as an
aid to decision-making and legislation;

Critical watershed refers to a watershed supporting existing and proposed hydro-
electric power and irrigation works needing immediate rehabilitation as it is being
subjected to fast denudation causing accelerated erosion and destructive floods;

Development plan refers to a document that defines the activities or measures that the
national government or local government units (LGU’) intend to implement in order to
achieve a defined set of development goals. It integrates the socio-economic and sectoral
plans of the national government or its instrumentality ot a patticular LGU with spatial
plans such as land use or physical framework plans. It may include an analysis of
problems and resources, definition of goals and objectives, policy guidelines, project and
target achievements, and an implementation mechanism which defines the roles and
contributions expected from the government and the private sector;

Disaster-prone o geo-hazard areas refer to areas frequently visited and/or prone to
experience weather/climatic, hydrologic, geologic, and other natural calamities;

Ecologically-fragile lands refers to lands within the critical watershed, brackish and
freshwater wetlands, pasture lands, and croplands which require rehabilitation’ and whose
continued unsustainable use would adversely affect the productivity of lowland
agricultural areas and the stability of the upland system;

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

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

Environmentally-critical areas refer to areas declared by law as: (a) ateas for natural
patks, watershed reserves, wildlife preserves, and sanctuaries; (b) areas set aside as
aesthetic potential tourist spots; (c) areas which constitute the habitat of any endangered



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or threatened species or indigenous Philippine wildlife (flora and fauna); (d) areas of.
unique historic, archaeological, or scientific interests; (¢) areas which are traditionally
occupied by ICCs/1Ps; (@) areas with critical slopes; (p) areas frequently visited and/or
hard hit by natural calamities (geologic hazards. floods, typhoons and volcanic activities);
(b) prime agricultural lands; ()) xecharge areas of aquifers; (j) water bodies; (k) mangrove
areas; (1) coral reefs; (m) mossy and virgin forests; (n) rivers and river banks; (0) swamp
forest and marshlands; and (p) foreshore lands. For purposes of this Act, this term also
refers to 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 sectors;

Exhausted mineral resources refer to a situation where the mineral resources in

specific sites are no longer in sufficient quantity or quality to justify additional
expenditure for extraction or utilization;

Food secutity refers to the policy objective of meeting the food availability, accessibility,
and affordability requirements of the present and fature generations of Filipinos in a
sustainable manner, through local production or importation, only when there is
shortage established based on a micro-level situation, or both, based on the country's
existing and potential resource endowments and related production advantages, and
consistent with the overall national development objectives and policies;

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 resource endowments and related production advantage:

Forestlands refer to those lands of the public domain which have been subjected to
land evaluation and classification and have been legally designated as such for production
forest and protection/amenity forest. They include the public forest, the permanent
forest or forest reserves, and forest reservations

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

arp or berm;

Geo-hazards refer to nature and man-induced geological processes that have potential
to cause destruction and pose a threat or risk to human life and property;

Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) refer to a

group of people or homogenous societies identified under Republic Act No. 8371,
otherwise known as the “IPRA of 1998”;

Indigenous Energy Resources refer to energy resources, which originate or occur
naturally in the Philippines;

Inland waters refer to waters, which are not coastal and marine waters not subject to


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acquisitive prescription consistent with the provisions of Presidential Decree No. 1067,
otherwise known as the "Water Code of the Philippines";

Integrated watershed management refers to a planning strategy ot program for
watershed areas that complement environmentally-sound soil and water management
practices with mechanisms for ensuring greater responsibility, involvement, or

participation of individuals, groups, communities and other stakeholders benefiting from,
these areas and water-related infrastructure;

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

Land sub-classification refers to the act of determining and assigning specific uses of
classified lands of the public domain, such as forest ot timber lands, alienable ot

disposable agricultural lands, national parks, and mineral lands in accordance with
existing laws and this Act;

Land use refers to the manner of utilization of land, including its allocation,
development, and management;

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;

Land Use Policy Administration (LUPA) refers to the administrative, policy-making,
regulatory, and quasi-judicial body created under this Act;

Mandatory public hearings/consultations refer to the mechanism to ensure the
involvement of affected sectors in land use planning from the local to the national level.
It involves giving notice of hearing/consultation to affected sectors through publication
or posting in conspicuous places, conduct of a reasonable number of hearings, and
solicitation of positions and the public presentation and validation of the planning
results before the final adoption of the plans;

Mineral Exploration tefers to the systematic searching ot prospecting for mineral
resources including energy resources;

Mineral lands refer to lands where mineral including energy resources are found;

Multiple use of land resources refer to the utilization or management strategy for
forest lands, which allows any activity thereat, involving one or mote of its resources,
depending on the result of prior evaluation on its numerous beneficial uses, 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;

Network of Protected Areas for Agriculture and Agro-industrial Development
(NPAAAD) tefers to agricultural areas identified by the Department of Agriculture
through the Bureau of Soils and Water Management (BSWM) in coordination with the


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National Mapping and Resource Information Authority (NAMRIA) in order to ensure
the efficient utilization of land for agriculture and agro-industrial development and
promote sustainable growth. The NPAAAD covers all itrigated areas; all irrigable lands
already covered by irrigation projects with firm funding commitments; all alluvial plains;
land highly suitable for agriculture whether irrigated or not; agro-industrial croplands ot
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;

National parks refer to land of the public domain classified as such in the 1987
Philippine Constitution which include all areas under the National Integrated Protected
Areas System (NIPAS) pursuant to Republic Act No. 7586, otherwise known as the
“NIPAS Act of 1992”; S

Non-government organization (NGO) refers to a private, non-profit voluntary
organization that is committed to the task of political, socio-economic, physical, cultural
and environmental development and established primarily to provide service to
marginalized sectors in these areas;

People's organization (PO) sefers to a private, non-profit, voluntary, and community-
based organization established primarily to provide service to its members and the
community in general;

Physical framework plans refer to the regional or provincial indicative plans prepared
by the regional and provincial land use committees, respectively, based on the CLUPs of
LGUs and national policy guidelines relating to land use and environmental management
to prevent or mitigate the adverse effects of inappropriate resource utilization on food
security, the people's’ welfare, and their environment. A physical “framework plan
embodies both policies and strategies necessary to carry out development goals and
objectives;

Premature or illegal conversion refers to any activity that modifies or alters the
physical characteristics of agricultural lands to render them suitable for non-agricultural
purposes without an approved order of conversion from the DAR Secretary;

Prime agricultural lands refer to lands that can be used for various or specific

agricultural activities and can provide optimum and sustainable yield with a minimum of
inputs and development costs;

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

Protected areas refer to portions of land set aside by reason of their unique physical


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and biological significance, managed to enhance biological diversity, and protected
against human exploitation. For purposes of this Act, it shall include agricultural lands
identified and delineated under Section 30 hereof;

Protection land use refers to the use of land primarily for rehabilitation, conservation,

and protection purposes and the promotion of the country's ecological and life-support
systems;

Public domain refers to lands that belong to the State which may be any of the
following: agricultural, forest or timber, mineral, of national park as provided for in the
Constitution;

Public lands refer to lands which have not been subject to private property rights or
subject to sale or other modes of acquisition or concession under the general laws, and
are devoted to public use;

Reclassification of agricultural lands refers to the act of specifying how agricultural
lands shall be utilized for non-agricultural uses such as residential, industrial, or
commercial through the local planning and zoning processes pursuant to Republic Act
No. 7160 or the “Local Government Code of 1991” and subject to the requirements and
procedure for conversion. It is equivalent to land sub-classification as defined in this Act
for classified lands of the public domain and also includes the reversion’ of non:
agricultural lands to agricultural u

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

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

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

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

Socialized housing refers to housing programs and 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, liberalized terms on
interest payments, and such other benefits in accordance with the UDHA;

Socialized housing zones refer to lands identified and designated by LGUs as sites for


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socialized housing pursuant to Article IV of the UDHA and its implementing guidelines;

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

Sub-classification or reclassification of agricultural lands refers to the process
undertaken by the LGUs of allocating in their respective territorial jurisdictions the
declared agricultural lands to specific uses such as residential, industrial or commercial
purposes. It is only one of the bases for application for land conversion by the owners
thereof and shall constitute the power of LGUs to reclassify lands under Section 20 of
Republic Act No. 7160 or the “Local Government Code of 1991” consistent with the
provisions of this Act; .

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;

‘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, and
recreation complexes, and other tourism related facilities;

m development areas which have been granted
Special Hconomic Zone status, through Philippine Economic Zone Authority (PIZ.A)
registration and issuance of the required Presidential Proclamation, with its metes and
bounds delineated by said Proclamation, pursuant to Republic Act No.7916, otherwise
known as the “Philippine Economic Zone Authority (PEZA) Law”, as amended

‘Tourism estates refer to large tracts of land with well-defined boundaries in any area
identified in the Philippine tourism master plan and regional tourism master plan, by
proclamation of the President and/or by Acts of Congress including local legislation.
Such land shall be suitable for the development of an integrated tourism and resort
complex including but not limited to accommodation facilities, food and beverage
outlets, convention and meeting areas, sports, recreational and leisure centers and
commercial outlets among others. It shall be provided with roads, water supply facilities,
power and utilities like potable water, drainage sewerage disposal, solid waste disposal
system and other necessary infrastructure. The estate shall under be one unified and
continuous management;

‘Tourist spot refers to a particular area, site, or spot, man-made or natural, known for its
unique toutist/visitor-drawing attributes and activities. It may be classified according to
its social, cultural, natural, historical, scientific, religious, and recreational significance;

(hh) Tourist zone refers to a geographic arca with well-defined boundaries proclaimed as


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such by the President of the Philippines and/or by Acts of Congress. No development
projects for any purpose shall be initiated and introduced within the zone priot to the
formulation of a tourism master development plan which shall be undertaken in
coordination with the Department of ‘Tourism (DOT) and the Philippine ‘Tourism
Authority (PTA). 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;

Urban areas refer to all cities regardless of their population density and to

municipalities with population density of at least five hundred (500) persons per square
kilometer;

Urbanizable areas refer to sites and lands which, considering present characteristics

and prevailing conditions, display marked and great potential of becoming urban areas
within a period of five (5) years;

Urban forestry or green space refers to the establishment or setting-up of areas for
mini-forest or small nature parks, lining roads and highways with trees, shrubs, ot
ornamental plants, and ground landscaping of schools, hospitals, and other goverament
agencies in order to improve the environment in urban areas;

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

(mmm) Water use refers to the appropriation of water for domestic, municipal, ittigation, power

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generation, inland fisheries, poultry and livestock, industrial and commercial,
environmental, and recreational use;

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

Zoning refers to the the division of a city/municipality into zones or districts according
to the present and potential uses of land to maximize, regulate, and direct their use and
development in accordance with the CLUP of the city/municipality; subject to the
limitations imposed by law and competent authority; and,

Zoning ordinance (ZO) refers to a local law passed by the sangguniang pambayan or
panglunsod approving the development control/zoning plan in accordance with an
approved or adopted CLUP for the city/municipality, and providing for the regulations
and other conditions on the uses of land including the limitation on the infrastructure
that may be placed thereon within the territorial jurisdiction of a city or municipality. It
incorporates the protected areas under Section 13(a) and the protected agricultural lands
under Section 30 hereof.

10


CHAPTER IL
PHYSICAL FRAMEWORK AND LAND USE PLANS

SECTION. 5. National Framework for Physical Planning, - The Land Use Policy Administration (LUPA)
created in Section 14 herein, in consultation with the concerned sectors through the mandatory
conduct of public hearings, shall formulate the National Land Use Guidelines and Zoning Standards
(NLUGZS). The NLUGZS shall serve as a framework through which the planning and
management of land resources are guided at the national and sub-national levels. ‘The formulation
of framework plans of regions and provinces and the land use plans of cities and municipalities
shall proceed from the NLUGZS.

SECTION 6. National Land Use Planning Process. ~ Following a bottom-up approach, the National
Physical Framework Plan (NPFP) shall be prepared by the LUPA based on the consolidated and
harmonized regional physical framework plans and the land use plans of cities and municipalities
prepared pursuant to the NLUGZS. The NFPP shall provide the analytical parameters and
guidelines, including land classification maps, for the planned allocation, use, and management of
the countzy's land and other physical resources

SECTION 7. City and Municipal Land Use Plans. - The city and municipal development councils, in
consultation with concerned sectors through mandatory conduct of public heatings, shall prepare
their respective Comprehensive Land Use Plans (CLUPs) to determine the specific uses of land and
other physical resources therein including the delineation of actual boundaries on the ground within
the territorial jurisdiction of the city or municipality in accordance with existing laws and the
NLUGZS as issued by the LUPA. ‘The CLUPs shall be translated into zoning ordinances by the
sanggunian for implementation.

SECTION 8. Provincial Physical Framework Plans, - The Provincial Development Council shall
consolidate and harmonize the land use plans of component cities and municipalities within the
territorial jurisdiction of the province into the Provincial Physical Framework Plan (PPEP), ‘The
PPEP shall be subject to. mandatory public hearings and consultations led by the LUPA
Administrator with the concerned sectors prior to its adoption and submission to the regional land
use committee.

SECTION. 9, Regional Physical Framework Plans, - The regional LUPA Secretariat shall consolidate and
harmonize the provincial physical framework plans of provinces and independent cities within the
tertitorial jurisdiction of the region into the Regional Physical Framework Plan (RPFP), subject to
consultation with the concerned sectors through the mandatory conduct of public hearings prior to
its adoption and submission to the LUPA.

CHAPTER IV
FRAMEWORK FOR LAND USE PLANNING

SECTION 10. Priorities in Land Use Allocation and Planning. - \n projecting spatial allocation for
different land uses, the LGUs shall first exclude areas under protection land use of Section 13(A)
hereof and national parks and Strategic Agricultural Fisheries and Development Zones (SAFDZ=)


to ensure ecological integrity and promote food security. Spatial allocation and planning shall then
proceed in accordance with Sections 12 and 13 hereof with priorities given to integrated watershed

management areas, socialized housing sites, fisherfolk settlement in coastal areas, and waste disposal
sites.

SECTION 11. Adoption of Multiple Uses of Land Resoures. - The primary and alternative uses of a
specific land resource shall be determined and evaluated prior to any decision for the assignment of
its use. Areas feasible for sustainable land resource use may be considered multiplesise zones
wherein settlements, tourism, agriculture, agro-forestry and extraction activities and other income-
generating or livelihood activities may be allowed: Provided, That multiple uses of land resources shall

be in accordance with priorities in land use allocation and planning and that no reclassification shall
be allowed.

SECTION 12. Basie Land Use Planning Considerations. - In determining the various land uses as
categorized in the preceding section, the various interrelationships of the physical characteristics of
the land and other elements therein shall be considered, among others, the following:

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

(b) Geology, geomorphology, geologic hazard, climate, soil and slope;

(©) Economic, environmental, social and related development activities;

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

(©) Technological changes/advancement.

SECTION 13. Categories of Land Uses for Planning Purposes. - In determining and defining the NFPP,
RDFPs, PPEPs, and CLUPs, land uses shall be grouped into four major functional uses as follows, in
accordance with Section 10 hereof:

@) 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, and protect people
and man-made structures from the ill-effects of natural hazards. Areas under this category
are those under the coverage of Republic Act No. 7586 or the “National Integrated
Protected Areas System (NIPAS) Act of 1992” and other coastal and marine protected areas
those areas outside NIPAS but nonetheless require protection because of their outstanding:
physical and aesthetic features, anthropological significance and biological diversity; and |
those areas prone to natural hazards;

() Production Land Use - aims to determine the most efficient, sustainable, and equitable
manner of utilizing, developing and managing land for productive purposes. 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 mect the country’s requirements for food security,
economic growth and development;

(© Settlements Development - aims to ensure for the present and future generation the: (1)
effective integration of activities within and among settlements, allowing efficient movement

12


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;

(@) Infrastructure Development - secks to provide basic services and foster economic and
other forms of integration necessary for producing or obtaining the matetial requirements
of Filipinos, in an efficient, responsive, safe and ecologically friendly built environment. It
covers these sub-sectors: transportation, communications, indigenous energy exploration
and development, water resources, and social infrastructure.

Provided, ‘That the determination of functional uses of lands within ancestral domains need not
necessarily follow the land use categories provided for in this Act and separate land use categories
for delineated ancestral domains may be formulated by the concerned ICCs/IPs thentselves in
accordance with their particular needs and traditional resource and management systems.

CHAPTER V.
IMPLEMENTING STRUCTURE AMD MECHANISM

Article One
Land Use Policy Administeation

SECTION 14. Creation of the Land Use Policy Administration (LUPA). - ‘Yhe Land Use Policy
Administration (LUPA) is hereby created. It shall exercise the powers and responsibilities of dhe
National Land Use Committee (NILUO) and the powers and functions vested by law to the Housing
“and Land Use Regulatory Board (HLURB) pertaining to land use and shall function as a standing
committee under the National eonomic and Development Authority (NEDA). The LUPA shall be
the highest policy making body on land use and final arbitrator on land use conflicts between or
among agencies, branches, or levels of the government. It shall integrate efforts, monitor
developments relating to land use and the evolution of policies, and regulate and direct Iand use
planning processes.

SECTION. 15. LUPA Executive Board. - ‘The LUPA shall have an Executive Board, hereinafter
referred to as the Board, whose main function is to direct the implementation of the provisions of
this Act. The Board shall be composed of fifteen (15) members.

(@) The Director-General of the NEDA as Chairperson;

(b) The Secretary of the Department of Environment and Natural Resources (DENR) and the
Secretary of the Department of Agriculture (DA) as Vice Chairpersons;

(©) ‘The Secretaries of the Department of Agrarian Reform (DAR); Department of Interior and
Local Government (DILG); Department of Public Works. and Highways (OPWH);
Department of ‘Tourism (DOT); Department of Trade and Industry (DTI); and
Department of ‘Transportation and Communications (OTC);

(@ The Chairperson of the Housing and Urban Development Coordinating Council (HUDCC);

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(©) A representative cach from four (4) basic sectors directly involved in land use, namely: urban
poor, peasants, fisherfolk, and indigenous peoples who shall be appointed by the President
based on the nomination and recommendation of the respective sectoral councils of the

National Anti-Poverty Commission (NAPC). Of the four (4) sectoral representatives, at least
two (2) shall be women;

(® The Administrator of the LUPA, as ex-officio member, who shall likewise act as Secretary to
the Board.

A consultative body shall likewise be convened every two months composed of representatives from
the Leagues of Municipalities, Cities, and Provinces, other government agencies not represented in
the LUPA Board, and from non-government sectors such as the private sector, non-government
organizations, and people's organizations, and the academic community,

SECTION 16. Powers and Functions. - The LUPA shall have the following powers and functions:

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

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

(© Formulate policies and promulgate, in consultation with all concernéd sectors, national
standards and guidelines on land use and zoning under Section 5 hereof, and issue the
corresponding rules and regulations to enforce compliance therewith;

(@) Prepare 2 NPFP and harmonize and consolidate the RPFPs based on land use plans at the
local levels that shall serve as guide in formulating subsequent national development plan
and pertinent sectoral plans consistent with the provisions of this Act;

(©). Hear and decide case, in areas without local zoning administrators and/or local zoning board
of appeals, involving:

1) opposition to any land use or development project; and

2) petitions for recall or revocation of any zoning or locational clearance permit, both
‘on the ground that the same is violative of land use planning laws and/or zoning
ordinances;

(® Establish a National Land Resource Information and Management System that shall
integrate and process information on land use and allocation generated by the various
national government agencies; define information requirements at various levels; and
standardize information inputs and outputs including scales and symbols used in territorial
and sectoral maps}

@ Undertake the gathering of data, the conduct of studies pertaining to land use planning

including studies on the management of identified land uses and such other studies not
undertaken by other government agencies;

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

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

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

() Call on any department, bureau, office, agency, or instrumentality of the government, and or

private entities and organization for cooperation, support, and assistance in the performance
of its functions;

() Create its own secretariat services, adopt its own organizational plan and staffing pattern,
and assist the LGUs in the formation of local land use committees;

(m) Design and implement a long-term capabilty-building program for LGUs to enable them to
undertake a participatory and effective land use planning;

(n) Hear and resolve conflicts in land use planning, classification, and allocation that may arise
between or among agencies of the national government, and/or between national and local,
national and regional, and/or regional and local planning or development agencies, including,
the local governments;

(0) Act as appellate body for decisions of provincial planning bodies on local land use plans and
zoning ordinances, as well as decisions of local zoning board of appeals granting or denying
applications for locational clearances ot zoning certificates;

(p) Adopt rules of procedures for the exercise of the regulatory. and quasi-judicial powers as
well as for the orderly and expeditious conduct of meetings and other business of the
Council; and

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

SECTION 17. Offices, Units, and Staff Support. The LUPA Secretariat under the general supervision
of the Administrator shall be organized from existing offices and personnel of the NEDA and the
HLURB subject to civil service rules and regulations.

SECTION 18. Powers and Functions of the Administrator. - "The Admis

ator shall have the following

powers and functions:

(@) Actas the exccutive head of the LUPA and Secretary of the Board and perform the powers

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and function incident to said positions;

(®) Be responsible for the implementation and overall execution of the policies, rules and
regulations, and decisions adopted by the Board and as such, shall issue the corresponding
implementing administrative issuances and promulgate opinions and interpretative circulars
and rulings to ensure expeditious and effective implementation thereof; and

(© Perform such other powers and functions as may be inherent, incident, or related to the
foregoing.

Decisions of the Administrator may be appealed to the LUPA Board.

SECTION 19. Qualifications of the Administrator. - ‘The Administrator must have a background ot
significant training preferably in the field of environmental and/or physical planning, land resources
management, or development planning and management for a period of at least five (5) years. The

Administrator shall be appointed by the President of the Philippines and shall have the rank of an
Undersecretary.

SECTION 20. The Deputy Administrator, - The Administrator shall be assisted by a Deputy
Administrator who shall be appointed by the President of the Philippines upon the Board's
recommendation. The Deputy Administrator shall have the same qualifications as the Administrator
and shall have the rank of an Assistant Secretary.

The Deputy Administrator shall be the operational and administrative manager of the UPA and
shall assist the Administrator in routine housekeeping functions.
Article Two
Local Development Councils and Land Use Committ

SECTION 22. Local Development Councils and Land Use Committees, - 'Vhe formulation of the CLUPs
and PPFPs shall be the primary responsibility of the Local Development Councils (LDCs). Local
government units without existing LDCs as mandated by the Local Government Code of 1991 shall
organize their respective LDCs within six (6) months from the effectivity of this Act.

Local land use committees refer to the provincial, city, or municipal land use committees (PLUCs,
CLUCs, or MLUCs) formed by the LDCs. Eixisting and newly formed LDCs shall create within six
(©) months from the effectivity of this Act or from their creation as the case may be, a local land use
committee to assist them in performing such functions as are defined in this Act: Provided, ‘That the
membership therein must, among others, include representatives from concerned NGOs and POs
such as but not limited to peasants, fishcrfolk, urban poor, indigenous cultural communities, and
women. Other concerned sectors shall also be invited during committee deliberations and public
hearings. The CLUCs or MLUCs shall likewise solicit the positions/views/issues raised and
articulated by concerned communities through their respective barangay representatives who shall
participate during the public hearings.

Until such time that the LUPA shall have created its regional offices, the regional land use
committees under the Regional Development Councils shall act as the counterparts of the LUPA
and shall perform such functions defined under this Act.

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Article Three
Adoption, Approval, and Review of Land Use Plans

SECTION. 23. Component Cities and Municipalities. - Component cities and municipalities shall have
the power and authority to adopt and approve their respective CLUPs and ZOs through their
respective sanggunians subject to the power of review of their respective provinces only with
respect to the consistency of the CLUPs and ZOs with Section 6 hereof in the preparation of the
PPrP.

SECTION 24. Provinces and Independent and Highly Urbanized Cities. « Provinces and independent and
highly urbanized cities shall have the power and authority to adopt and approve their respective
CLUPs, ZOs, or PPEP as the case may be, through their respective sanggunian but subject to the
power of review of the LUPA through its regional LUPA secretariat office as provided in Section 21
herein and only with respect to the consistency of the CLUPs and ZOs with Section 5 hereof.

Article Four
Responsibilities of the National Government Agencies and LGUs

SECTION 25. National Base Mapping Program. - A national mapping program shall be implemented,
coordinated, and monitored through the creation of an Inter-agency Technical Committee (I'T'C)
composed of the National Mapping and Resource Information Authority (NAMRIA), as the lead
agency, together with DAR, the Department of Energy, LUPA, the Bureau of Soils and Water
Management (BSWM), the Forest Management Bureau (FMB), the Land Management Bureau
(LMB), the Mines and Geosciences Bureau (MGB), the National Water Resources Board (NSWRB),
the Philippine Institute of Volcanology and Seismology (PHIVOLCS), the Protected Areas and
Wildlife Bureau (PAWB), and other concerned government agencies and bureaus. The ITC shall be

constituted, and the mapping program initiated, within thirty (30) days from the effectivity of this
Act.

For purposes of uniformity and standardization, the LGUs, to be assisted by the appropriate
agencies of the national government, shall likewise prepare their respective territorial maps using
scales, symbols, and other indicators to be prescribed in accordance with this Act. The completed
maps shall be integrated in the NPFP pursuant to Section 9 hereof.

SECTION 26. National Geo-hagard Mapping Program. - Within thirty (30) days from the effectivity of
this Act, a nationwide geo-hazard mapping program shall be initiated jointly through the LUPA ‘by
the Department of National Defense (DND), MGB, NAMRIA, PHIVOLCS, the Philippine
Atmospheric Geophysical and Astronomical Services Administration (PAGASA), in coordination
with the National Disaster Risk Reduction and Management Council (NDRRMC), the’ Regional
Disaster Coordinating Councils, and other concerned government agencies. The program shall
include the generation of indicative geo-hazard zoning maps that will outline areas in the Philippines
which are prone to liquefaction, land slides, flooding, lahas, ground rupturing, tsunami, river erosion,
coastal erosion. sinkhole collapse, earthquake, lava flow, pyroclastic flow, base surge, and other
natural hazards. Copies of geo-hazard maps shall likewise be submitted to the Disaster Response
Operations Monitoring and Information Center (DROMIC) of the Department of Social Welfare
and Development (DSWD).

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For purposes of uniformity and standardization and in order to develop a safe-built enivironment,
the LGUs shall subsequently incorporate and integrate the generated geo-hazard_ zoning maps in
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, pursuant to Section 5
hereof, shall incorporate these geo-hazard maps.

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

SECLION 27. Scope and Nature of Responsibilities of Other National Government Agencies, ~ All concerned
national government agencies/bodies shall periodically report to the LUPA on the various activities
and accomplishments relative to land use. Likewise, they shall provide their respective
sectoral/development plans and render technical and administrative support if called upon by the
LUPA relative to the implementation of the provisions of this Act.

SECTION 28. Submission of Annual Report on the Implementation of CLUPs and ZOs, - The LDCs shall
submit an annual report on the implementation of their land use plans and zoning ordinances. to

the LUPA through the Sangguniang Panlalawigans or in the case of highly urbanized and
independent cities through their respective Sanggunians.

CHAPTER VI

SPECIAL AREAS OF CONC

Axticle One
Agricultural Lands

SECTION 29. Priority Areas for Agricultural Development. - Priority areas for agricultural development
are the CARP and CARPable areas.

SECTION 30. Conversion of Agricultural Lands, - Agricultural lands are deemed converted to non

agricultural uses upon approval by the DAR of the application for conversion. Prime agricultural
lands and specific types of lands to the extent necessary for attaining food self-sufficiency in rice
and corn and food security in other basic commodities, as determined by the DA, subject to
mandatory consultation with the LGUs, the private sector, the NGOs, and POs, shall be protected
from conversion, which shall include but not limited to areas under the NPAAAD: Prowided, That all
irrigated and irtigable lands, all lands developed or possessing the potential for development of high
value crops, and all agricultural lands that are ecologically fragile and whose conversion will result in
serious environmental problems shall be given full protection from conversion, the areas under
which are subject to review every seven (7) years by the DA, with the mandatory public
consultations: Provided, further, That consistent with the State policy on giving priority to the
completion of the Comprehensive Agrarian Reform Program (CARP), all lands subject to CARP
including those lands covered under the notice of compulsory acquisition/voluntary offer to sell,
production or profit-sharing, or commercial farm deferment shall also be protected from
conversion pending the distribution and installation of the farmer beneficiaries, but thereafter,
Section 65 of Republic Act No. 6657 or the “Comprehensive Agrarian Reform Law (CARL)” shall
apply: Provided, finally, ‘That pending the completion of mapping activities of the specific areas under
the NPAAAD and the SAPDZs under the Republic Act No. 8435, othewise known as the

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“Agriculture and Fisheries Modernization Act (AFMA) of 1997”, the revision thereof pursuant to
the foregoing, and their incorporation in the NPFP, there shall be a moratorium of fifteen (15) years:
in all applications for conversion of agricultural lands into non-agricultural uses commencing from

the effectivity of this Act. The application for conversion of these protected arcas shall not be given
due course by the DAR.

SECTION 31. Sub-classfication or Re-lassification of Agricultural Lands by IGUs. - Sub-classification or
re-classification of agricultural lands to other uses under Section 20 of the Local Government Code
of 1991 shall exclude the protected agricultural lands as stated in the preceding section. Moreover,
such sub-classification /reclassification is not synonymous to conversion. The DA and DAR shall
provide the LGUs with a complete list and maps of protected agricultural lands’ within their
territorial jurisdictions.
Article Two
Forest Land and Watershed Preservation and Management

SECTION 32. Reversion of Alienable and Disposable Lands to Forestlandt. - Upon the recommendation
of the Secretary of the DENR, duly reviewed and endorsed by the LUPA, and after duc
consultations with the concerned LGUs and affected parties, Congress may authorize the reversion
of alienable and disposable lands of the public domain or portion thereof to forestlands.

SECTION 33. Critical Watershed Areas, -The DENR, in coordination with the DA, LGUs, and other
government agencies, including government-owned and-controlled corporations, and with
mandatory public 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.

SECTION 34. Formulation and Implementation of Integrated Watershed Management Plans, - With the
assistance of the DENR and upon mandatory consultations with the concerned sectors, the LGUs
through their local land use committees shall prepare their watershed management plans which shall
be integrated with their respective CLUPs. ‘The formulation and integration of the plan shall be
guided, among others, by the principle that the management and development of inland water
resources shall be at the watershed level.

In cases where the watershed areas transcend the boundaries of a particular municipality, an inter-
LGU committee composed of representatives from local land use committees of the LGUs where
the watershed area is located shall be formed. With the assistance of the DENR and upon
mandatory consultations with the concerned sectors, the inter-LGU committee shall formulate the
watershed management plan for the said watershed area.

‘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.


Article Three
Coastal Zones

SECTION 35. Criteria om the Allocation and Utilization of Lands within the Coastal Zones. - The allocation
and utilization of lands within the coastal zones shall be guided by the following:

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

(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;

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

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

(© Areas that are neither sub-classified as mangrove, fisherfolk settlement nor fishpond may be
devoted to recreational or tourism purposes: Pruvided, That such undertaking will not result
in environmental degradation and displacement of small fishers;

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

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

(h) Areas which form part of foreshore lands as defined in this Act including those that are
under lease agreements of arrangements shall undergo zoning and evaluation to determine
their boundaries and actual sizes and corresponding uses.

SECTION 36. Coastal Land Zone Sub-classfcation. ~ AML public lands in the coastal zones shall be
subclassified into any of the following: fishponds, mangroves, protection from tidal surge, for
preservation of biodiversity, habitats and sanctuaries for endangered wildlife, fisherfolk settlement,
ot tecteational/tourism areas. No sub-classification of coastal zones to different uses shall be done
without the following:

(a) Conduct of a comprehensive resource and environmental assessment by the DENR and
respective LGUs and accredited NGOs and POs within their jurisdiction; and

(b) Prior consultation with local Fisheries and Aquatic Resource Management Councils
(FARMC3) formed under Republic Act No. 8550 or the “Philippine Visheries Code of
1998”.

SECTION 37. Zoning of Toreshore Areas. - Local government units, in coordination with the DENR,
shall conduct zoning of their respective foreshore areas to assist government and community fishers
identify priority areas for conservation and development, and to enable, them to set targets for
mangrove reforestation and rehabilitation.

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Article Four
Mineral Lands

SECTION 38. Criteria for the Utilization and Allocation of Land for Mining Purposes, - Consistent with
Section 5 of this Act and the provisions of Republic Act No. 7942 or the “Philippine Mining Act of
1995”, and to ensure that the objectives of maintaining ecological balance and maximizing economic
returns to mining operations are realized, the allocation and utilization of lands for mining purposes
shall be guided by the following:

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

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

(® Mineral reservations which have become non-operational for more than ten (10) years as
determined by the MGB shall be placed under appropriate surface management by the
DENR; and

(® Consistent with the Philippine Mining Act of 1995, areas closed to mining operations shall
be periodically reviewed through mineral exploration to be undertaken by the DENR for the

national interest and, if warranted, recommend their reclassification as mincral lands.

SECTION 39. Reversion of Mineral Lands. - ll mineral lands with exhausted mineral’ resources, as
determined by the MGB upon the recommendation of the DENR, shall revert to its original land
classification, that is, as forest land or agricultural land. In the case of forest lands, the DNR may
classify such areas for other purposes in consultation with concerned LGUs, the Dep:
‘Tourism, and other national government agencies.

Article Five
Energy Resource Lands

SECTION 40, Guidelines for the Utilization and Allocation of Lands for Bnergy Resource Exploration,
Development, Production, Utiligation, and Distribution Purposes. - ‘To ensure that the objectives of
maintaining ecological balance and maximizing the power potential from indigenous energy
resources in the most economical and environmentally-acceptable means are realized, the allocation
and utilization of lands for said purposes shall be guided by the following, consistent with existing
regulations and laws on energy resources:

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

(b) 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. Fach project shall secure an Environmental
Compliance Certificate (ECC) prior to project implementation to ensure adequate and
appropriate environmental management measures and optimum methods for resource access
and recovery are utilized; and

(©) Energy reservations or portions thereof which have become or have been established to be

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non-economically viable to operate or are no longer used for energy purposes shall be
released to give way to other land uses, subject to existing laws covering energy reservations:

SECTION 41. Reversion of Energy Resource Lands. - All exhausted indigenous energy resource lands
not covered by proclamations shall automatically revert to the category of forestlands or agricultural
lands open to disposition, whichever is appropriate. Exhausted energy resource lands shall refer to
specific energy resoutce 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.

CHAPTER VII
SETTLEMENTS DEVELOPMENT.

SECTION 42. Town, City, and Settlements Development. - The development of town, city, and
settlements through the zoning ordinances of cities and municipalities shall be guided by urban
zoning standards designed to maximize existing urban spaces.

SECTION 43. Seitlements within Geo-bazard Areas, - Settlements within geo-havard areas may be
allowed provided that mitigating and/or protective measures are adopted to address the potential
danger ot risk to lives and property within such settlements. In coordination with the concerned
agencies of the government, the LUPA shall provide assistance to concerned LGUs and settlers in
instituting safety and corrective measures to address the potential danger ot tisk.

SECTION 44. Designation of Waste Disposal Site. - Bach city or municipality shall identify, designate
and allocate an area within their territorial jurisdiction to serve as waste disposal site within one (1)
yeat from the effectivity of this Act. The LGUs, in coordination with the DENR ot any other
competent authority, shall identify solid waste disposal sites in order to fast-track the conduct of
environmental impact assessment study and to facilitate processing of the environmental
compliance certificate. ‘The site or area shall be identified in the city or municipality's CLUP and ZO.
For this purpose, cities and municipalities shall establish their solid waste management program.
Likewise, as provided under Section 33 of the Local Government Code, 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 LUPA for review and approval.

SECTION 45. Designation and Zoning of Socialized Housing Zones. - ach city or municipality in urban,
urbanizable and rural arcas shall designate lands for socialized housing and resettlement areas for the
immediate and future needs of the underprivileged and homeless in their territory, pursuant to
existing laws and regulations.

‘The designated sites for socialized housing shall be located in residential zones, and shall be zoned
as socialized housing zones that ate integrated in the city or municipality's zoning ordinance duly
approved by the HLURB, pursuant to existing laws and regulations.

22


Fisherfolk settlements and housing in coastal municipalities shall be zoned near the sea for easy
access to their livelihood as provided under Section 35(d) of this Act.

SECTION 46. Urban Forest or Green Space. - Each city ot highly urbanizing municipality shall identify,
designate, and allocate lands owned by the city or municipality as urban forest or grecn space based
on the guidelines and standards to be issued by the DENR and approved by the LUPA.

CHAPTER VIII
INDUSTRIAL DEVELOPMENT AREAS

SECTION 47. Criteria for Designating Industrial Development Areas. - The identification and
establishment of industrial development areas shall conform to the provisions of the PEZA Law,
the CARL, the IPRA, the UDHA, and the AFMA, taking into consideration the following:

(2) Identified network of areas for agricultural development and protected agricultural areas
pursuant to the AFMA;

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

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

(@) NIPAS and non-NIPAS areas that require protection;

(©) National and Urban Development and Housing Framework;

(Identified Socialized Housing Zones;

(e) NFPP and other existing national programs and policies.

“he designated industrial development areas shall become an integral part of the land use plan and
zoning ordinance of the city or municipality where these areas are located.

CHAPTER IX

‘TOURISM DEVELOPMENT AREAS

SECTION 48. Criteria for Designating Tourism Development Areas.
development of tourism development areas and tourism estates shall be done in consultation and
coordination with the concerned LGUs, national government agencies, the private sector, and the
affected communities. ‘Tourism development areas shall likewise include those covered’ by
legislation and executive issuances which designate specific sites as tourist spots, tourist zones, and
tourism ecozones, as well as those identified in the national and regional tourism master plans.

‘The identification, selection, and

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

SECTION 49. Identification and Preservation of Cultural Heritage. - ‘The National Commission for
Cultute and Arts (NCCA) and the National Historical Commission of the Philippines (NHCP), in
coordination with the DOT, other concerned agencies, local government units, local communities,
and the private sector, shall identify areas and structures which shall be preserved as part of the
national and cultural heritage.

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CHAPTER X
INFRASTRUCTURE DEVELOPMENT

SECTION 50. Allocation and Use of Land for Infrastructure Development. - Land, whether public or
private, shall be allocated and utilized for priority infrastructure projects that are supportive of
national or local development objectives. The NEDA, in consultation with the concerned national
government agencies, LGUs, and the private sector shall identify and periodically review, update
and/or revise the list of priority infrastructure projects subject to Sections 5 and 29 hereof, and
Section 47 of the AFMA. In determining and evaluating the list of priosity infrastructure projects,
consideration shall be given to those that:

(@) Respond to immediate and vital requirements of the national economy with priority on
improving rural infrastructure and the development of the agriculture and fisheries sectors;

(b) Upgrade existing facilities to international standards,

(©) Address the need for sustainable settlements development; and,

(@) Help mitigate the destructive effects of natural disaster-causing phenomena or those that
shall serve as alternatives to existing infrastructures found in natural hazard-prone areas:

Provided, ‘That the provision and implementation of infrastructure support shall be made compatible
with existing envizonmental conditions and the physical; whether natural or man-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: Provided, further, That the proponent of the infrastructure project
shall follow the rules on just and humane eviction or demolition under Section 28 of the UDHA,
notwithstanding the provisions of Republic Act No. 8975, prohibiting lower courts from issuing
temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions, and
proponent shall follow the IPRA: Pronided finally, that national government infrastructure projects
shall allocate budget for the adequate relocation of displaced communities.

SECTION 51. Infrastructure Projects within Geo-hazard Areas. - Consteuction of priority infrastructure
projects within hazard-prone areas shall be allowed: Provided, That mitigating and/or preventive
measures are adopted to address the potential adverse economic, socio-cultural, and environmental
impacts that will emanate from these infrastructure. projects, subject to the findings and.
recommendations of a feasibility study/environmental impact assessment in accordance with
Presidential Decree No. 1586 and Republic Act No. 4846.

ting projects that did not go through the process of an environmental impact assessment and
pose thteats to the environment, integrity of historic, archeological, or scientifically significant arcas;
‘or are impinging on critical ecosystems, may be terminated immediately, or gradually phased-out and
relocated, or maintained up to their life span, subject, however, to mitigating measures: Provided,
‘That the rules on mandatory public consultations and just and humane eviction or demolition in
accordance with the UDHA and its implementing guidelines shall also be observed prior to the
termination, gradual phase-out, of relocation of projects that will necessarily involve dislocation or
displacement of people in the area.

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CHAPTER XI
TRAINING, EDUCATION, AND VALUE FORMATION

SECTION 52. Valve Formation, - In order to create a well-informed, responsible, and committed
citizenry who values 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
ot any subject related thereto in the curricula of primary, secondary, and tertiary education,

SECTION 53. Information and Education Campaign. - The LUPA shall undertake a nationwide
education information 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, NGOs, POs, and the general public.

CHAPTER XII
INCENTIVES, SANCTIONS AND PENALTIES

Article One
Incentives and Awards

SECTION 54, Formulation of a System of Incentives and Awards. - ‘The LUPA shall come out with a

system of incentives and awards to LGUs that regularly update their CLUPs/ZOs within the
prescribed period, as follows:

(@) Provinces, Highly Urbanized Cities, and Independent Component Cities once evety eight (8)
years; and
(b) Component cities and muni

ipalities once every eight (8) years.

SECTION 55. Priority in. Giving Technical Assistance to LGUs. - In providing technical assistance and
other forms of support related to land use management and the implementation of development

plans, national government agencies shall give priority to cities and municipalities with’ approved
CLUPs and ZOs.

Article Two
Sanctions and Penalties

SECTION 56. Fine for Non-Completion and Non-Commencement of Development of Agricultural Lands with
Approved Onder of Conversion. - A landowner and his/her designated developer ot duly authorized
representative who fails to commence and/or complete the development of agricultural lands with
approved order of conversion shall be penalized, jointly or severally, with any of the following fines
based on the zonal value of the land at the time the fine is imposed:

(@) On failure to commence within one year from the date of conversion order:
(1) Six percent (6%) of the zonal value of the subject land for the first three (3) hectares;

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

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@) Thirty percent (30%) of the zonal value of the subject land for the remaining area.

Provided, That the order of conversion shall be deemed revoked automatically and the land

shall revert to its original agricultural use and covered by the DAR through compulsory
acquisition for distribution to qualified beneficiaries.

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

SECTION 57. Authority to Impose Fine. - The DAR shall impose the penalty provided for under the
preceding section.

SECIION 58. Withdrawal of Local Development Permits or Licenses. - Upon receipt of notice: from the
DAR, the concerned agencies and the city or municipality shall withdraw ot tevoke any development

permit and other licenses that may be necessary to develop the agricultural land subject of
conversion,

SECTION 59. Unilization of Fines. - The fines collected under Sections 55, 60, 61, and 62 hereof
shall automatically acceue to the Agrarian Reform Fund consistent with the provisions of the
CARL, as amended.

SECTION 60. Failure to Formulate, Enforce, and/or Implement the CLUPs and ZOs, - Consistent with due
process, the LUPA, in coordination with the DILG, shall investigate, review, and recommend the
filing of charges against local chief executives and other local officials and employees responsible
for the formulation, enforcement, and/or implementation of the CLUPs in case of any of the
following:

(a) Failure of the CLUPs/ZOs to conform to the prescribed national guidelines and standards
as provided in Section 5 hereof and thereafter, with NPEP.as stated in Section 6 hereof,

(b) Failure to implement and enforce the CLUP/ZO due to negligence of duty;

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

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

Any public official or employee, regardless of whether clected or appointed or holding office or
employment in a casual, temporary, holdover, permanent, or regular capacity, found to be
responsible for any of the foregoing acts, after duc notice and heating by the appropriate body or
agency, shall be punished with forfeiture of salaries and allowances and suspension from:

(@) Six @ to nine (9) months, in case of non-implementation of CLUP;

(@) Thece (3) to six (6) months, in case of noncompletion of the CLUP; or,

(©) Three (3) to six (6) months, in case of non-conformity with the national guidelines pursuant
to Sections 5, 10, and 29 hereof.

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SECTION 61. Person(s) Abetting egal Concersion. - Any person initiating, causing, inducing, or
abetting illegal conversion shall, upon conviction, be imprisoned from seven (7) to twelve (12) years
and a fine of not less than One hundred thousand (100,000.00) pesos, or both at the discretion of
the court: Pronided, That if the offender is a public official or employee whether elected or
appointed, the penalty shall, in addition thereto, include dismissal through permanent separation
from the service and forfeiture of all benefits and entitlements accruing to the public position and
perpetual disqualification to run or apply for any elective or appointive public office: Provided,
Jurther, That if the offender is a jusidical person, the penalty of imprisonment shall be imposed on
the president, chief executive officer, manager, the Chairperson and all the members of the board,
and other responsible officers thereof, and the fine shall be equivalent to the zonal value of the land
or forty percent (40%) of the shareholders equity, as determined at the time of judgment whichever
is higher, plus forfeiture of the land in favor of the State for sale though public auction, the
proceeds of which shall automatically accrue to the Agrarian Reform Fund as provided for in
Section 59 of this Act.

SECTION 62. Penalty for Reclassification of Protected Agricultural Lands and Fixceeding the Limit of Areas
Allowed for Reclassification. - Any person initiating, causing, inducing, ot abetting the reclassification of
protected agricultural areas as defined in Section 29 hereof into non-agricultural uses and exceeding
the limits set forth under Section 20 of the Local Government Code of 1991, shall be penalized
with imprisonment of twelve (12) years and a fine of not less than One hundred thousand
(100,000.00) pesos, or both at the discretion of the Court: Provided, That if the offender is a public
official or employee, the penalty shall, in addition thereto, include dismissal through permanent
separation from the service whether elected or appointed and forfeiture of entitlements accruing to
the public position, and perpetual disqualification to run or apply for any elective ot appointive
public position: Provided, further, That if the offender is a juridical person, the penalty shall be
imposed on the president, chief executive officer, manager, the Chairperson and all the members of
the board, and other responsible officers thereof.

SECTION 63. Payment of Disturbance Compensation, - Following the order of priority such as
agricultural lessees and share tenants, regular farm workers, seasonal farm workers, other farm
workers, actual tillers or occupants of public lands, collective, or cooperative of the above
beneficiaries, and others directly working on the land affected by agricultural land use conversion
shall be entitled to the payment of disturbance compensation equivalent to five (5) times the average
of the gross harvests on the landholding during the last five (5) preceding calendar years or a
certain percentage of the converted land, whichever is higher, as determined by the DAR.

CHAPTER XIII

TRANSITORY AND FINAT, PROVISIONS,

SECTION 64. Comening of the LUPA. - Within thirty (30) days from the effectivity of this Act, the
Director General of NEDA shall convene the LUPA. The Chief Executive Officer of the HLURB
shall sit temporarily as Administrator and ex-officio member of the LUPA Executive Board until
such time that a regular Administrator has been appointed by the President.

SECTION 65. Implementing Rudes and Regulations. - Within sixty (60) days from the effectivity of this
‘Act, the LUPA shall promulgate the rules and regulations to implement the provisions of this Act.
Said rules and regulations shall be submitted to the Congressional Oversight Committee for
approval. :

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SECTION 66. Congressional Oversight Commitee on the Land Use Act. - There is hereby created a
Congressional Oversight Committee composed of seven (7) members from the Committee on
Environment and Natural Resources and the Committee on Urban Planning, Housing, and
Resettlement of the Senate and seven (7) members from the Committee on Natural Resources and
the Committee on Housing and Urban Development of 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 also

based on proportional ‘representation of the parties or coalitions therein with at least two (2)
members representing the minority,

‘The oversight committee, which shall function for a period not more than three (3) years, shall have
the power to review the implementing rules issued by the LUPA within thirty (30) days from the
promulgation of the said rules and oversee the implementation of this Act: Provided, That the
secretariat of thé Oversight Committee shall be drawn from the existing secretariat personnel of the
committees comprising the oversight and the funding shall be taken from the appropriations of
both the Senate and the House of Representatives .

SECTION 67. Effetivity of the Creation of the LUPA. - Until such time that the LUPA has been
organized and fully operational, the NLUC and HLURB shall continue exercising their powers and
function pertaining to land use and their personnel shall receive the same salary, emoluments and,

privileges. Hiring, separation, replacement, and appointment of personnel shall be in accordance
With existing Civil Service rules and regulations.

SECTION 68. Transfer of Powers and Functions. - Within six (6) months after the approval of this Act,
the powers and functions of the HLURB on land use as provided for under Section 5a, Sb, Se, Sd,
Se, 5f, and 5g of Executive Order No. 648, series of 1981, shall be transferred to the LUPA. ‘The
foregoing transfer shall include all applicable funds and appropriations, records, equipment, property
and personnel.

SECTION 69. Transfer of Rights, Assets, and Liabilities. - ‘The LUPA shall, by virtue of this Act, be
subrogated to such tights and assume such liabilities of the HLURB and such funds, records,
property, assets, equipment and personnel, including unexpended appropriations and/or allocations
of the HLURB for land use activities and land use adjudicatory and related support functions:
Provided, ‘That existing officers and employees of the HLURB assigned to land use planning and land
use adjudication matters shall continue to assume their posts in a holdover capacity until theit new
appointments are issued.

STION 70. Structure and Staffing Pattern, - Except for the position of Administrator and Deputy
‘Administrator, there shall be no hiring of new personnel for the LUPA. Within ninety (90) days
from the effectivity of this Act, the LUPA Chairperson shall formulate and submit to the
CongtessionalOversight Committee for its review and approval the LUPA’s proposed organizational
structure and staffing pattern. After such review and approval, the proposed organizational structure
and staffing pattern of the LUPA shall be submitted to the President for final approval through the
Depattment of Budget and Management (OBM) within ninety (90) days.

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‘The authorized positions created therein shall be filled by regular appointment by the President or
the LUPA Chairperson , as the case may be: Provided, That in the filling of positions created, the
Chairperson shall ensure that the personnel of the NEDA and HLURB affected by this Act shall
comply with the qualifications standards set by the Civil Service Commission (CSC) for the positions
they shall be appointed to: Provided, finally, That if such individuals possess the same qualifications,
seniority shall be given priority.

SLCTION 71. Separation from the Service. - No employee of the NEDA and HLURB shall be
separated and/or phased-out from the service as a result of the implementation of this Act: Provided,
however, ‘That those who are qualified to retire shall be allowed to do so and be entitled to all
benefits provided under any of the existing retirement laws.

SECTION 72. Appropriations. - The appropriations for the National Land Use Committee under
the NEDA and the HLURB pertaining to land use activities, plans, and programs and land use
adjudicatory and related support functions under the current General Appropriations Act shall be
used to carry out the initial operationalization of the LUPA. Thereafter, such sums as may be

necessary for its staggered implementation shall be included in the annual General Appropriations
Act

SECTION 73. Review of Existing Land Use Plans. - Provinces, cities, and municipalities with existing
land use plans shall review, revisé, reconcile, and harmonize the same with the guidelines and
standards set forth under this Act within one (1) year from the effectivity of this Act.

SECTION 74. Repealing Clause, - Section 10 of the AFMA and Sections 447 (a2vii) and 458 (a2vii)
of the Local Government Code and their related laws and administrative issuances are hereby
modified by Section 30 hercof. ‘The pertinent provisions of Executive Order No. 72, series of 1993,
are also modified accordingly. Section 11 of the AFMA as to the penalty for agricultural inactivity
ancl premature conversion is also modified by Section 60 hereof. Letter of Instruction No, 1350,
series of 1983, and all other general and special laws, acts, decrees, executive orders, proclamations
and administrative regulation, or any part thereof which are inconsistent with this Act-are hereby
repealed or modified accordingly.

SECTION 75. Non-impairment Clause. - Nothing in this Act shall be construed as to diminish, impair,
or repeal rights recognized, granted, ot available to marginalized or basic sectors under existing laws
including but not limited to Republic Act Nos7279, 6657, 8371, and 8550.

SECTION 76. Separability Clause. - If for any reason ot reasons, any part ot provision of this Act
shall be declared or held to be unconstitutional or invalid other parts or provisions hereof, which are
not affected thereby shall continue to be in full force and effect.

SECLION 77. iffxtivity Clause. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) national newspapers of gencral circulation.

Approved,

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