Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

House Bill No. 829

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A NATIONAL LAND USE POLICY, PROVIDING
THE IMPLEMENTING MECHANISMS THEREFOR, AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

The importance of land as a natural resource cannot be disputed. It is for
this reason that Congress in the past had deemed it wise to enact legislation
aimed at promoting sound land use. While previous efforts of various sectors and
stakeholders to sustainably manage and exploit land resources have been
commendable, the ostensible absence of a national land use policy has made it
difficult for the country to achieve a rational, holistic and just allocation of its vast
land resources.

The proposed Bill thus envisions to cure this deficiency by establishing a
national land use policy which will serve as the principal framework for land use
and management in the Philippines. Towards this end, the proposed Bill shall
mandate the formulation of a National Framework for Physical Planning (NFPP)
to serve as the general long term guideline for the spatial development directions
of the entire country and to provide analytical parameters for the planned
allocation, use and management of the country's land and other physical
resources.

In the same manner, the proposed Bill will standardize the classification of
land based on its several uses, i.¢., protection land use, production land use,
settlements development and infrastructure development, so that programs can
be devised according to the specific requirements of each.


Finally, considering the scope of the Bill's initiatives, local government
units are enjoined to assist the national government in implementing the policies
set forth therein in the hope that the benefits sought by the same are delivered to
the grass root level.

In view of the foregoing, the immediate passage of this Bill is most
eamestly sought.

Hig pin Mi fia?
DIOSDAD! GAL ARROYO. GLOR} MACAPAGAL ARROYO
Second District\Gamarines Sur nd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2
House Bill No. 829

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A NATIONAL LAND USE POLICY, PROVIDING
THE IMPLEMENTING MECHANISMS THEREFOR, AND FOR
OTHER PURPOSES

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

CHAPTER |
PRELIMINARY PROVISIONS.

SECTION 1. Title.--- This Act shall be known and cited as the "National
Land Use Act of 2010."

SECTION 2. Declaration of Policies and Principles.--- It is hereby declared
to be the policy of the State to provide for a rational, holistic and just allocation,
utilization, management, and sustainable development of the country's land
resources to ensure their optimum use.

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

a. Sustainable and just management and utilization of
natural resources;

b. Maintenance and preservation of environmental
integrity and stability:


c. Food security in basic food commodities with
emphasis on self-sufficiency in rice and com production through
efficient and sustainable use of land resources consistent with the
principles of sound agricultural development, natural resources
development, and agrarian reform;

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

e. Sustainable development and management of water
resources towards water security;

1A Rational population distribution and _ settlements
development;

g. Spatial integration that links consumption and
production areas 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;

i 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 varied interests
of evry Filipino within the framework of people empowerment,
decentralization, social justice, and equity;

k. Respect for and protection of the sustainable
traditional resource right of the Indigenous Cultural
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;

n. 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.

It is also the policy of the State to ensure that local government units
(LGUs) share with the national government the responsibility of managing and
maintaining ecological balance within their territorial jurisdiction as stated in the
Constitution and the 1991 Local Government Code (RA 7160)

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.--- The provisions of this Act concerning the use,
management and development of land resources shall apply to all lands whether
public, private, government-owned, and/ or in the possession of individuals,
communities, indigenous peoples, or groups of people.

CHAPTER II
DEFINITIONS

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

a. “Agricultural land” shall refer 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;

b. "Agricultural land use conversion” shall refer 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 Land Reform (DLR);

c. “Alienable and disposable (A&D) lands” shall refer to
lands of the public domain which have been delineated, classified,
and certified to by law or pursuant to the Land Classification
Program of the Department of Environment and Natural Resources
(DENR) as agricultural iands open to disposition under the
provisions of Commonwealth Act No.141, otherwise known as the
“Public Land Act,” as amended;

d. "Ancestral domains” shall 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";

e. "Comprehensive Land Use Plan (CLUP)” shall refer
to a document embodying a set of policies, accompanied by maps
and similar illustrations, which serves as the principal basis for
determining the future land use of lands and natural resources
within the territorial jurisdiction of the city or municipality. it
represents the community-desired pattern of population distribution
and proposes future allocation of land resources to various land-
using activities. 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 has a long-term perspective,
encompassing a minimum of three (3) terms of local elective
officials

f. “Coastal Arid Zone” shall refer to a band of dry land
and the adjacent ocean space (water and submerged land) in
which terrestrial processes and uses directly affect oceanic
processes and uses, and vice versa. Its geographic extent may
include areas within a landmark limit of one (1) kilometer from the
shoreline at high tide to include mangrove swamps, brackish water
ponds, nip 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;

g. "Critical watershed" shall refer 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;

h. "Cultural heritage” shall refer to the totality of cultural
properties preserved and developed through time and passed on
for posterity;

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

"Ecologically-fragile lands" shall refer to lands within
the critical watershed, brackisr: 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;

k "Ecotourism" shall refer to sustainable tourism or
travel to a given natural area with exotic or threatened ecosystems
or a heritage area to observe wildlife or to help preserve nature, in
the process providing for community participation; protection and
management of natural resources, culture and indigenous
knowledge systems and practices; environmental education and
ethics; as well as economic benefits fostered and pursued for the
enrichment of host communities and the satisfaction of visitors;

i} “Energy resource lands" shall refer to lands where
naturally occurring or indigenous energy resources exist;

m. "Energy resources" shall refer to surface or
subsurface substances that serve as energy sources. These are


traditionally mineral fuel deposits such as coal, petroleum, natural
gas or renewable resources from geothermal, hydro reservoirs, or
non-conventional sources such as ocean waves, solar, wind,
biomass, and other similar resources which serve the same
purpose:

n. "Environmentally critical areas" shall refer to areas
declared by law as: (i) areas for natural parks, watershed reserves,
wildlife preserves, and sanctuaries; (ii) areas set aside as aesthetic
potential tourist spots; (iii) areas which constitute the habitat of any
endangered or threatened species or indigenous Philippine wildlife
flora and fauna); (iv) areas of unique historic, archaeological, or
scientific interests; (v) areas which are traditionally occupied by
ICCs/IPs; (vi) areas with critical slopes; (viljareas frequently visited
and/or hard hit by natural calamities (geologic hazards. floods,
typhoons and volcanic activities); (vii) prime agricultural lands; (ix)
recharge areas of aquifers; (x) water bodies; (xi) mangrove areas;
(xii) coral reefs; (xiii) mossy and virgin forests; (xiv) rivers and river
banks; (xv) swamp forest and marshlands; and (xvi) foreshore
lands. 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
sectors;

°. "Exhausted mineral resources" shall 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;

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

4. _ "Food self-sufficiency” shall refer 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
advantages;


r "Forestlands" shall refer to lands of the public domain
which have been classified or declared as such and all unclassified
lands of the public domain;

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

t.  "Geo-hazards" shall refer to natural and man-induced
geological processes that have potential to cause destruction and
pose a threat or risk to man's life and property;

u. _""Disaster-prone areas or geo-hazard areas” shall refer
to areas frequently visited and/or vulnerable or prone to experience
weather/climatic, hydrologic, geologic, and other natural calamities;

v. "Indigenous Cultural ~~ Communities/indigenous
Peoples (ICCs/IPs)" shall refer to groups of people or homogenous
societies identified under the IPRA;

w. “Inland waters" shall refer to waters, which are not
coastal and marine waters not subject to acquisitive prescription
consistent with the provisions of Presidential Decree No. 1067,
otherwise known as the "Water Code of the Philippines",

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

y. “Land” shall refer to resources, both man-made and
natural, found on the surface, below, and above the ground
including inland waters and the air therein;

Zz. “Land sub-classification" shall refer to the act of
determining and assigning specific uses of classified lands of the
public domain, such as forest or timber lands, alienable or
disposable agricultural lands, national parks, and mineral lands in
accordance with existing laws and this Act;


aa. "Land use" shall refer to the manner of utilization of
land, including its allocation, development, and management;

bb. "Land use classification" shall refer 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;

cc. "Land Use Policy Council’ shall refer to the
administrative, policy-making, regulatory, and quasi-judicial body
created under Section14 this Act;

dd “Mandatory public hearings/consultations” shall 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;

ee. "Mineral exploration" shall refer to the systematic
searching or prospecting for mineral resources including energy
resources;

ff. "Mineral lands” shall refer to lands where mineral
resources are found;

gg. “Multiple use of land resources” shall refer to the
utilization or management strategy for forest lands, which allows
any activity thereat, involving one or more 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;

bh. “Network of Protected Areas for Agriculture and Agro-
industrial Development (NPAAAD)" shall refer to agricultural areas
identified by the Department of Agriculture through the Bureau of
Soils and Water Management (BSWM) in coordination with the
National Mapping and Resource Information Authority (NAMRIA) in
order to ensure the efficient utilization of land for agriculture and
agro-industrial development and promote sustainable growth.

The NPAAAD covers all irrigated areas; all irrigable lands
already covered by irrigation projects with firm funding
commitments; all alluvial plains: land highly suitable for agriculture


whether irrigated or not; agro-industrial croplands or lands planted
to industrial crops that support the validity of existing agricultural
infrastructure and agro-based enterprises; highlands or areas
located at an elevation of Five hundred (500) meters or above and
have the potential for growing semi-temperate and high value
crops; all agricultural lands that are ecologically fragile the
conversion of which will result in serious environmental
degradation; and all mangrove areas and fish sanctuaries;

ii. "Physical framework plans" shall refer to the national,
regional or provincial indicative plans embodying both policies and
strategies that are prepared by the national, regional and provincial
land use policy councils, respectively, to guide the desired direction
and growth and to promote and advance appropriate resource
utilization as a way of sustaining food security, promoting people's
welfare, protection of environment;

. "Premature OY illegal conversion” shall refer 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 DLR
Secretary;

kk. "Prime agricultural land” shall refer to all irrigated
areas, all irrigable lands already covered by irrigation projects with
firm funding commitments; all alluvial plain land highly suitable for
agriculture whether irrigated or not; ago-industrial croplands or
lands presently planted to industrial crops that support the viability
of existing agricultural infrastructure and agro-based enterprises,
highlands, or areas located at elevation of 500 meters or above and
have the potential for growing semi-temperature and high value
crops; all agricultural lands that are ecologically fragile, the
conversion of which will result in serious environmental
degradation; and mangrove areas and fish sanctuaries;

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

mm. “Protected areas" shall refer to portions of land set
aside by reason of their unique physical and biological significance,
managed to enhance biological diversity, and protected against
destructive human exploitation. For purposes of this Act, it shall


include agricultural lands identified and delineated under Section 29
hereof,

nn. "Protection land use" shall refer to the use of land
primarily for rehabilitation, conservation, and protection purposes
and the promotion of the country’s ecological and life-support
systems;

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

pp. “Public lands" shall 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;

qq. “Reclassification of agricultural lands" shall refer to
the act of specifying how agricultural lands shall be utilized for non-
agricultural uses such as residential, industrial, or commercial
purposes 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 fof
conversion. It is equivalent to sub-classification for classified lands
of the public domain and also includes the reversion of non-
agricultural lands to agricultural use;

tr, “Resettlement sites" shall refer to areas identified by
the appropriate national agency or by the local government unit,
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);

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

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


uu. "Shoreline" shall refer to a strip of land covering at
least one (1) kilometer from *he point where sea water reaches
during the highest high tide;

w. "Socialized housing” shall refer to housing programs
and projects undertaken by the government or the private sector for
the underprivileged and homeless citizens which shalll include sites
and services development, long-term financing, liberalized terms on
interest payments, and such other benefits in accordance with the
UDHA;

ww. "Socialized housing zones" shall refer to lands
identified and designated by LGUs as sites for socialized housing
pursuant to Article IV of the UDHA and its implementing guidelines;

xX. “Sustainable development" shall refer 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" shall refer to specific
sites for tourism development located in areas identified as
priorities in the national and regional, area specific tourism master
plans and other sector plans such as eco-tourism and agri-tourism
sites, including those designated through legislative and executive
issuances i.e., 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;

zz. “Tourism estates” shall 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 an Act 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 necessxy infrastructure. The estate shall be
under one unified and continuous management;


aaa. “Tourism ecozone” shall refer to tourism development
areas which have been granted Special Economic Zone status,
through PEZA registration and issuance of the required Presidential
Proclamation, with its metes and bounds delineated by said
Proclamdtion, pursuant to RA 7916, as amended;

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

ccc. "Tourist zone” shall refer to a geographic area with
well- defined boundaries proclaimed as such by the President of
the Philippines and/or by Acts of Congress. No development
projects for any purpose shall be initiated and introduced within the
zone prior to the formulation of a tourism master development plan
which shall be undertaken in coordination with the Department of
Tourism and the Philippine Tourism Authority. A tour& 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;

ddd. "Urban areas” shall 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;

eee. “Urbanizable areas” shall 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;

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

ggg. ‘Water security" shall refer to the sufficient access
throughout the year to the minimum daily requirement of clean
water to maintain a healthy life;

hhh. “Water use" shall refer 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" shall refer to a topographically
delineated area of land from which rainwater can drain as surface
tun-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;

ji "Zoning" shall refer to the regulatory tool for
delineating the specific uses of lands in accordance with the
approved CLUP within the territorial jurisdiction of a city or a
municipality and specifying the conditions for their regulation;
subject to the limitations imposed by law and competent authority;
and

kkk. "ZO or zoning ordinance” shall refer 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 12(b) and the
protected agricultural lands under Section 29 hereof.

CHAPTER III
PHYSICAL FRAMEWORK AND LAND USE PLANS

SecTION 5. National Framework for Physical Planning.-- The Land Use
Policy Council (LUPC) created pursuant to Section 14 herein, in consultation with
concerned sectors and after the conduct of public hearings, shall formulate,
periodically update and ensure the implementation of the National Framework for
Physical Planning (NFPP) that shall serve as the general long-term framework
for the spatial development directions of the entire country and provide the
analytical parameters for the planned allocation, use and management of the
country's land and other physical resources. The NFPP shall be the basis for
adopting land use and physical planning-related guidelines and standards,
including zoning and other land use control standards that will guide the
formulation of city/municipal zoning ordinances.

SECTION 6. National Land Use Planning Process.--- The land use and
physical planning process shall be formulated following a combined bottom-up


and top-down approach. The NFPP, which guides the planning and management
of the country's land and other physica! resources at the national and sub-
national levels, shall indicate broad spatial directions and policy guidelines on
settlement development, production land use, protection land use and
infrastructure development. The Regional Physical Framework Plans (RPFPs)
and, consequently, the Provincial Physical Framework Plans (PPFPs) and
Comprehensive Land Use Plans (CLUPs), which cover the physical development
of their respective territories, shall be consistent with the NFPP; provided, that
the integration and harmonization of physical framework plans at all levels shall
be integrative to ensure that the concerns of both top and bottom levels of
government are considered in the NFPP, RPFPs, PPFPs and CLUPs. The
physical and land use plans prepared at all levels shall have internal consistency
specifically on the linkages of the major land use categories to ensure their
complementation in the utilization, development and management of resources

SECTION 7. City and Municipal Land Use Plans.---The City/Municipal
Planning and Development Office, in consultation with concerned sectors
through mandatory conduct of public hearings, shall prepare the CLUP to
determine the specific uses of land and other physical resources therein
including areas co-managed with the national government and, as appropriate,
the ancestral domain areas. Guided by the PPFP, the CLUP shall embody the
desired land use patterns and mixes of the city or municipal territory and provide
appropriate policies for each of the four land use planning categories that shall
guide and serve as framework for more detailed development and sectoral
planning: provided, that, jointly with the DENR and the Department of Agriculture
(DA), barangays located within public forestlands shall prepare a comprehensive
barangay land use plan (BLUP), which shall guide the local residents on the
uses, management, development, and accountability over areas determined in
the plan as multiple-use zones for settlements development, low impact
agriculture, and agroforestry purposes, including those areas that need
community management and protection as production ioiestlands or protection
forests: provided, however, that the preparation of management plans for
protected areas shall be in accordance with the provisions of R.A. No. 7586 or
other laws establishing or declaring a specific area as a permanent component of
the NIPAS. The BLUPs for areas within public forestlands shall be integrated in
the CLUP, subject to consultation with the concerned City/Municipal Land Use
Planning Office.

The CLUP shall be translated into a zoning ordinance by the concerned
sanggunian to regulate the uses of land, including the limitations on height,
density and bulk of buildings and other infrastructure that may be placed thereon.

SECTION 8. Provincial Physical Framework Plans.--- In consultation with
concemed sectors, the Provincial Planning and Development Office shall prepare
the PPFP to determine the physical development of the entire provincial territory,
consolidating and harmonizing the land use plans of component cities and


municipalities, and defining the uses of land and other resources within the
province consistent with the policies in the RPFP. It shall submit the PPFP to the
Provincial Land Use Policy Council, created under Section 20 of this Act, for
review and endorsement to the Sangguniang Pantalawigan, which shall adopt
the same pursuant to Section 468 (2) (vii) of the LGC

SECTION 9. Regional Physical Framework Plans.—- In consultation with
concerned sectors, the Regional Land Use Policy Council (RLUPC) shall define
the desired spatial arrangement of land-using activities in the entire region,
consolidating and harmonizing the provincial physical framework plans of
provinces and independent cities within the territorial jurisdiction of the region.
The RPFP, which depicts an end-state scenario toward which efforts and
activities are directed, shall consist of spatially-based and area-focused policies,
consistent with those in the NFPP, to guide detailed physical, socio-economic,
sectoral and investment planning.

CHAPTER IV
FRAMEWORK FOR LANDUSE PLANNING

SECTION 10. Priorities in Land Use Allocation and Planning.--- In projecting
spatial allocation for different land uses, the LGUs shall first exclude areas under
protection land use of Section 13(A) hereof, national parks, energy resource
lands, and prime agricultural lands to ensure ecological integrity, energy supply,
and promote food security. Areas with prior rights and those with site-specific
resources for basic services, such as but not limited to, water and indigenous
energy resources, shall also be excluded. 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 Resources.--- 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 multiple-use 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. Basic Land Use Planning Considerations. In determining
the various land uses, the people and their productive activities and the need for
functional open spaces and preservation areas as well as the various
interrelationships of the physical characteristics of the land and other elements
therein, the following, among others, shall be considered


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

b. Geology, geomorphology, geologic hazard, climate,
soil and slope;

c. Economic, environmental, social and related
development activities;

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

. Technological changes/ advancement; and

f. Existing customary rights for the protection of
indigenous peoples and vulnerable groups including women and
urban poor.

SECTION 13. Categories of Land Uses for Planning Purposes.—|n_
determining and defining the NFPP, RPFPs, PPFPs, and CLUPs, land uses shall
be grouped into four (4) major functional uses as follows:

a. Protection Land Use shall refer to the use of land
primarily 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 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) law 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.
Areas outside the coverage of the NIPAS law include, but are not
limited to the following

a.1. Reserved second growth forests above
1,000 meters in elevation and those 50% in slope
gradient;


a.2. Mangrove and fish _ sanctuaries,
pursuant to Republic Act No. 8435 and Republic Act
No. 8550;

a3. Buffer zones or _ strips/easements,
pursuant to P.D. No. 705 and P.D. No. 1087;

a.4. Salvage zones along foreshore areas,
freshwater swamps and marshes, plazas and
heritage/historic sites, pursuant to P.D. No. 2146;

a5. Watersheds or sources of domestic
supply;

a6. Utility easement like transmission lines
of power companies, oil and gas facilities, cell sites,
and domestic water lines, or

a.7. Amenity areas or those with high
aesthetic values, pursuant to P.D. No. 2146.

a8 Natural and man-made areas/sites of
cultural, historical and anthropological significance,
which are declared as such by internationally
recognized organizations and concerned national
agencies.

b. Production Land Use shall refer to the direct and
indirect utilization of land resources for crop, fishery, livestock and
poultry production, agroforestry, mining, industry, energy
development, and tourism. Planning for production land shall
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, fishing
grounds, fishponds, and fish cages, coastal and marine zones,
production forest which comprise lands 18% to 50% in slope
gradient such as: residual dipterocarps, rangelands for grazing
purposes, industrial tree plantation/IFMA, community based agro-
forestry areas and other reforestation projects; mineral lands or
mining areas and reservations, energy resource lands, industrial
development areas, and tourism development areas where
productive activities could be undertaken to meet the country's
requirements for food security, economic growth and development.

¢. Settlements Development shall refer to any
improvement on existing settlements in urban and rural areas or


any proposed development of certain areas for settlement purposes
involving the spatial distribution of population, identification of the
roles and functions of key urban centers, determination of
relationships among settlement areas, and the provision of basic
services and facilities to such settlement. The settlement
development plan ensure for the present and future generation the
following: i) 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 ii) 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 Development seeks to provide basic
services and 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 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
shall consider traditional resource and management systems that
do not endanger the lives and property of the local community and
neighboring areas or increase | the vulnerability of the natural
environment to the effects of natural and man-induced geological
processes.

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

Article 1
Land Use Policy Council

SECTION 14. Creation of the Land Use Policy Council (LUPC).-- The
LUPC is hereby created. It shall exercise the powers and responsibilities of the
National Land Use Committee (NLUC) and the powers and functions vested by
law to the Housing and Land Use Regulatory Board (HLURB) pertaining to land
use planning. The LUPC shall act as the highest policy making body on land use
and resolve land use policy conflicts between or among agencies, branches, or
levels of the government. It shall integrate efforts, monitor developments relating
to land use and the evolution of policies, and regulate and direct land use
planning processes.


SECTION 15. Composition of the LUPC.—The LUPC shall be composed of
sixteen (16) members, as follows:

a. The Secretary of Socio-Economic Planning as
Chairperson;

b. The Secretaries of Environment and Natural
Resources and Agriculture as Vice-Chairpersons;

c. The Secretaries of Land Reform, Trade and Industry,
Public Works and Highways, Transportation and Communications,
Tourism, Interior and Local Government, Justice, Transportation
and Communication and Energy; The Chairperson of the Housing
and Urban Development Coordinating Council; and

d A representative each from four (4) basic sectors
directly involved in land use, namely: urban poor, peasants,
fisherfolk, and indigenous peoples who shall be appointed by the
President of the Philippines based on the nomination and
recommendation of the respective sectoral councils of the National
Anti-Poverty Commission (NAPC). Two sectoral representatives
shall be women.

A consultative body shall likewise be convened at least once a year or as
often as may be necessary. It shall be composed of representatives from the
Leagues of Municipalities, Cities, and Provinces, other government agencies not
represented in the LUPC, and from non-government sectors such as the private
sector, NGOs and POs, and the academic community.

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

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

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

c. Formulate policies and endorse land use and physical
planning-related policies that may be formulated by the LUPC and
concerned agencies as well as promulgate zoning and other land
use control standards and guidelines which shall guide the
formulation of land use plans and zoning ordinances by local
governments;


d. Prepare, periodically review and if necessary, update
the NFPP and RPFP to provide the general framework for the
spatial development directions for the entire country and sub-
national levels:

e. 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;

f 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;

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

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

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

4 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;

k. Assist the LGUs in the formation of local land use
policy councils at the local levels;

|. Design and implement, in coordination with the DILG,
a long-term capability-building program for LGUs to enable them to
undertake a participatory and effective land use planning;

20


m. To prescribe, in consultation with the DILG and other
concemed agencies, as applicable, the land valuation of the
specific land use categories listed in Section 13 hereof, to ensure
the equitable access of the land to all sectors, taking into
consideration that to keep basic services affordable to the public,
land valuation where these services are located shalll be kept to the
minimum;

n. Decide and resolve policy conflicts on land use
between or among agencies, branches, or levels of the government
and unresolved land use policy conflicts at the regional level;

©. Adopt rules of procedures for the orderly and
expeditious conduct of meetings and other business of the Council;
and

p. Perform such other acts and functions and exercise

such other powers as may be necessarily implied, inherent,
incident, of related to the foregoing

SECTION 17, LUPC Technical Board (LUPC-TB). A Technical Board shall
be created to provide technical support to the LUPC. It shall be composed of the
following

a. NEDA Deputy Director-General for Regional
Development as Chairperson;

b. Representatives of the member agencies/institutions
of the LUPC, who shall have a rank not lower than Director level;
and

©. The representatives of the four (4) basic sectors as

enumerated in Section 15(e) of this Act.

SECTION 18. Offices, Units and Staff Support-- The NEDA Regional
Development Office shall continue to provide core secretariat services to LUPC,
its Technical Board and RLUPC. Other government agencies may also be called
upon for staff support.

Article 2
Local Development Councils as Local Land Use Policy Councils

SECTION 19. City/Municipal Development Councils. The City/Municipal
Development Councils (C/MDCs), created under Section 106 of the LGC, shall
act as the City/Municipal Land Use Policy Council that will tackle land use
concerns whenever necessary.

21


In addition to the functions enumerated in Section 109 of the LGC, the
C/MDC shall:

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

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

Cc. Decide and resolve conflicts regarding the violation of
Zoning ordinances including opposition to applications for locational
clearances, permits or certificates.

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

The C/MDC may call upon any local official concerned such as C/MPDC,
City/Municipal Agriculturist, City/Municipal Environment and Natural Resources
Officer, City/Municipal Engineer, City/Municipal Assessor, or any official of

national agencies during discussions on land use and physical planning
concerns.

Local government units without operational C/MDCs as mandated by the
1991 LGC shall activate their respective Councils within six (6) months from the
effectivity of this Act.

SECTION 20. Provincial Land Use Policy Council (PLUPC)--- The
Provincial Development Council (PDC), created under Section 106 of the LGC,
shall act as the Provincial Land Use Policy Council that will tackle land use
concerns whenever necessary.

In addition to the functions enumerated in Section 109 of the LGC, the
PLUPC shall:

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


b. Review and endorse to the Sangguniang
Panlalawigan for adoption, the PPFP prepared and periodically
updated by the Provincial Planning and Development Office and
other land use and physical planning-related policies;

c. Assist the Sangguniang Pantalawigan in reviewing the
CLUPs of component cities/municipalities to ensure consistency
with the PPFP and compliance with the limits prescribed under the
1991 LGC for reclassifying agricultural lands; and

d. Decide and resolve policy conflicts on land use
planning, classification, and, allocation that may arise between or
among cities/municipalities and any unresolved land use conflicts at
the city/municipal level.

The PLUPC may call upon any local official concerned such as Provincial
Planning and Development Coordinator, Provincial Agriculturist, Provincial
Environment and Natural Resources Officer, Provincial Engineer, Provincial
Assessor, or any official of national agencies and other relevant agencies during
discussions on land use and physical planning concerns.

SECTION 21, Regional Land Use Policy Council (RLUPC). At the regional
level, the RLUPC will be institutionalized, replicating the LUPC structure and
composition. The RLUPC shall have the following functions:

a. Adopt regional policies on land use and physical
planning;

b. Prepare and periodically update the RPFP, taking into
consideration national polices and lower level plans;

c. Review, prior to adoption by respective Sanggunians,
the PPFPs and CLUPs of highly urbanized and independent
component cities to ensure consistency with the RPFP and national
policies set forth by LUPC and compliance with the limits
prescribed under the 1991 LGC for reclassifying agricultural lands;

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;

. Monitor changes in land use and other physical
resources in the region;

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

23


Evaluate consistency of major programs and projects
with the RPFP and their impact on land use and the environment;

h. Undertake the gathering of regional data for the Land
Resource Information and Management System; and

i Perform other related functions as may be directed by
the LUPC.

Article 3
Adoption, Approval and Review of Land Use Plans

SECTION 22. Component Cities and Municipalities.--- Component cities and
municipalities shall have the power and authority to adopt and approve their
respective CLUPs and 20sthrough 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 on the preparation of the PPFP.

SECTION 23. 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 PPFP, as the
case may be, through their respective sunggunian but subject to the review of the
RLUPC as provided in Section 21 hereof.

Article 4
Responsibilities of the National Government Agencies and LGUs

SECTION 24. National Base Mapping Program.- A national mapping
program shall be implemented, coordinated, and monitored through the creation
of an Inter-agency Technical Committee (ITC) composed of the National
Mapping and Resource Information Authority (NAMRIA), as the lead agency, the
Bureau of Soils and Water Management (BSWM), the Forest Management
Bureau (FMB), the Land Management Bureau (LMB), the Protected Areas and
Wildlife Bureau (PAWB), the Mines and Geosciences Bureau (MGB), the
Philippine Institute of Volcanology And Seismology (PHIVOLCS), DLR, the
National Water Resources Board (NSWRB), DOE, NEDA and other concerned
government agencies/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

24


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 NFPP pursuant to Section 9 hereof.

SECTION 25. 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 thru the LUPC by the PHIVOLCS, the Philippine
Atmospheric Geophysical and Astronomical Services Administration (PAGASA),
the NAMRIA, the Mines and Geosciences Bureau (MGB), BSWM, and DOE, in
coordination with the National Disaster Coordinating Council (NDCC), 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, 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 in their respective CLUPs. Said geo-
hazard maps shall serve as guide for all the LGUs in the preparation of their own
hazards-constrained development pians. The NFPP, 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 Engineering Geological and
Geo-hazard Assessment Report (EGGAR)

SECTION 26. Scope and Nature of Responsibilities of Other National
Government Agencies.-All concerned national government agencies/ bodies
shall periodically report to the LUPC on the various activities and
accomplishments relative to land use. Likewise, they shall provide their
fespective sectoral/development plans and render technical and administrative
Support if called upon by the LUPC relative to the implementation of the
provisions of this Act.

SECTION 27. Submission of Annual Report on the Implementation of
CLUPs. The C/MDCs shall submit. an annual report on the implementation of
their land use plans to the PLUPC, which shall integrate the same for submission
to the RLUPC, which shall in turn integrate the provincial reports for submission
to the LUPC.

CHAPTER VI
SPECIAL AREAS OF CONCERN

25


Article 1
Agricultural Lands

SECTION 28. Priority Areas for Agricultural Development.--- Priority areas
for agricultural development are the CARP, CARPable areas, and the NPAAAD.

SECTION 29. Conversion of Agricultural Lands.-- Agricultural lands are
deemed converted to non-agricultural uses upon approval by the DLR 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: provided, that all irrigated and irrigable lands, all lands
developed or possessing the potential for development of high value, crops, and
all agricultural lands that are ecologically fragile and whose conversion will result
in serious environmental problems shall 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
the conversion of agricultural lands for use of priority government projects for
basic services such as, but not limited to, irrigation and power shall be allowed
only upon the recommendation of the Secretaries of the DA and DLR.

Lands defined under Section 10 of R.A. No. 6657 shall remain exempted
and excluded from the coverage of CARP.

SECTION 30. Sub-classification or Re-classification of Agricultural Lands by
LGUs.--- Sub-classification or re-classification of agricultural lands to other uses
under Section 20 of the LGC 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 DLR
shall provide the LGUs with a complete list and maps of protected agricultural
lands within their territorial jurisdictions.

Article 2
Forest Lands and Watershed Reservation

26


SECTION 31. Reversion of Alienable and Disposable Lands to Forestlands.~
-- Upon the recommendation of the Secretary of the DENR, duly reviewed and
endorsed by the LUPC, and after due consultations with the concerned LGUs
and affected parties, Congress may authorize the reversion of alienable and
disposable lands of the public domain or portion thereof to forestlands.

SECTION 32. 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 33. 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 3
Coastal Zones

SECTION 34. Criteria on the Allocation and Utilization of Lands within the
Coastal Zones.---The allocation and utilization of lands within the coastal zones
shall be guided by the following guidelines:

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

27


b. Areas that meet «i! accepted criteria on elevation, soil
type, soil depth, topography, supply for successful fishpond
development, and are not identified as mangrove protected areas,
shalll be utilized for aquaculture purposes;

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

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

e. Areas that are neither sub-classified 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 fishers;

f. Areas which are considered as traditional fishing
grounds shall be used primarily for such purpose:

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

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

SECTION 35. 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, for 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:

28


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 (FARMCs) formed under Republic Act No
8550 or the Fisheries Code.

SECTION 36. Zoning of Foreshore Areas.- LGUs, in coordination with the
DENR, shall conduct zoning of their respective foreshore areas to assist
government and community fishers identify priority areas for conservation and
development, and to enable them to set targets for mangrove reforestation and
rehabilitation.

Article 4
Mineral Lands

SECTION 37. 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 Mining Act of 1995, and to ensure that the objectives of
maintaining ecological balance and maximizing economic returns to mining
operations are realized, the allocation and utilization of lands for mining purposes
shall be guided by the following

a The principles of sustainable development and
responsible mining;

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

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

d. Consistent with the Mining Act of 1995, areas closed
to mining operations shall be periodically reviewed through mineral
exploration to be undertaken by the DENR for the purpose of
determining whether or not their continued closure is consistent
with the national interest and, if warranted, recommend. their
reclassification as mineral lands.


SECTION 38. Reversion of Mineral Lands. All 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 forestlands, the DENR may
classify such areas for other purposes in consultation with concerned LGUs, the
DOT, and other national government agencies.

Article 5
Energy Resource Lands

SECTION 39. Guidelines for the Utilization and Allocation of Lands for
Energy Resource Exploration, Development, Production, Utilization, and
Distribution Purposes.---To ensure that the objectives of maintaining ecological
balance and maximizing the power potential from indigenous energy resources in
the most economical and environmentally-acceptable means are realized, the
allocation and utilization of lands for said purposes shall be guided by the
following, consistent with existing regulations and laws on energy resources:

a. Indigenous energy resource exploration and
development for the purpose of a National Energy Resource
Inventory and Data Base 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. Each
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

c. _ Energy reservations or portions thereof which have
become or have been established to be non-economically viable to
operate or are no longer used for energy purposes shall be
released to give way to other land uses, subject to existing laws
covering energy reservations.

SECTION 40, 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

30


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.

CHAPTER VII
SETTLEMENTS DEVELOPMENT

SECTION 41. 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 42. Settlements within Geo-hazard Areas.--- Settlements within
geo-hazard areas may be allowed provided that mitigating and/or protective
Measures are adopted to address the potential danger or risk to lives and
property within such settlements. In coordination with the concerned agencies of
the government, the LUPC shall provide assistance to concerned LGUs and
settlers in instituting safety and corrective measures to address the potential
danger or risk

SECTION 43. Designation of Waste Disposal Site.--- Each city or
municipality shall identify, designate and allocate an area within their territorial
jurisdiction to serve as waste disposal site within one (1) year from the effectivity
of this Act. The LGUs, in coordination with the DENR or 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. For this purpose, cities and municipalities shall
establish their solid waste management program. Likewise, as provided under
Section 33 of the LGC, 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 ana establishment of solid waste management

programs by cities and municipalities, and shall submit the same to the LUPC for
review and approval.

SECTION 44. Designation and Zoning of Socialized Housing Zones.--- Each
city or municipality in urban, urbanizable and rural areas 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.

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The designated sites for socialized housing shall be located in residential
zones, and shall be zoned as socialized housing zones that are integrated in the
city or municipality's zoning ordinance, pursuant to existing laws and regulations.
Fisherfolk settlements and housing in coastal municipalities shall be zoned near
the sea for easy access to their livelihood as provided under Section 35 (d) of
this Act.

SECTION 45. 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 LUPC.

CHAPTER VIII
INDUSTRIAL AREAS DEVELOPMENT

SECTION 46. Criteria for Designating Industrial Development Areas.—The
identification and establishment of industrial development areas shall conform to
the provisions of Republic Act No.7916, otherwise known as the Philippine
Economic Zone Authority (PEZA) Law; the CARL, IPRA, UDHA, and the AFMA,
taking into consideration the following:

a. 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;

d. National Protected Areas System (NIPAS) and non-
NIPAS areas that require protection;

e. National and Urban Development and Housing
Framework;

f Identified Socialized Housing Zones; and

9g. NFPP and other existing national programs and
policies


The 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 AREAS DEVELOPMENT

SECTION 47. Criteria for Designating Tourism Development Areas.---The
identification, selection, and 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 legislative and executive issuances 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 tourism, and area specific tourism
master plans and other sector plans: such as ecotourism and agri-tourism sites.

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

SECTION 48. Identification and Declaration of Areas for Protection,
Conservation and Preservation of Cultural Heritage--- The National Historical
Institute (NHJ) and/or the National Museum in coordination with other concerned
agencies, local communities, and the private sector, shall identify declared areas
and structures which shall be protected and/or preserved as part of the Philippine
cultural heritage. The LGUs in coordination with the NHJ, the National
Commission for Culture and Arts (NCCA) and the Cultural Center of the
Philippines (CCP) shall designate historical zones to protect the historical
integrity of said geographical areas and cultural space of intangible cultural
properties, which are significant to a city/ municipality and the community.

CHAPTER X
INFRASTRUCTURE DEVELOPMENT

SECTION 49. 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

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5 and 29 hereof, and Section 47 of the AFMA. In determining and evaluating the
list of priority infrastructure projects, consideration shall be given to those that:

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

b. Upgrade existing facilities to international standards;

c. Address the need for sustainable settlements
development; and,

d. 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
environmental 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
atea: 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 UPHA, 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 IPRA;
provided, finally, that national government infrastructure projects
shall allocate budget for the adequate relocation of displaced
communities.

SECTION 50. 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 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,

Existing projects that did not go through the process of an environmental
impact assessment and pose threats to the environment, integrity of historic,
archeological, or scientifically significant areas; or are impinging on critical
ecosystems, may be: (a) terminated immediately, (b) required to implement an
Environmental Management Plan; (c) gradually phased-out and relocated, or (d)

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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 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 XI
TRAINING AND VALUE FORMATION EDUCATION

SECTION 51. Value 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 or any subject
related thereto in the curricula of primary, secondary and tertiary education.

SECTION 52. Information and Education Campaign.--- The LUPC shall
undertake a nationwide education information campaign in 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, religious sector, and the general
public.

CHAPTER XII
INCENTIVES, SANCTIONS AND PENALTIES.

Article 1
Incentives and Awards.

SECTION 53. Formulation of a System of Incentives and Awards.--- The
LUPC shall come out with a system of incentives and awards to LGUs that
regularly update their CLUPs within the prescribed period, as follows:

a. Provinces, Highly Urbanized Cities, and Independent
Component Cities - once every nine (9) years; and

b. Component cities and municipalities once every nine
(9) years.

SECTION 54. Priority in Giving Technical Assistance to LGUs.
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.

Article 2
Sanctions and Penalties

SECTION 55. Fine for Non-Completion and Non-Commencement of
Development of Agricultural Lands with Approved Order of Conversion.
landowner and his/her designated developer or 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

a. On failure to commence within one year from the date
of conversion order: six percent (6%)of the zonal value of the
subject land for the first three (3) hectares, fifteen percent (15%) of
the zonal value of the subject land for the next three hectares, and
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 DLR 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 56. Authority to Impose Fine.--- The DLR shall impose the penalty
provided for under the preceding section.

SECTION 57. Withdrawal of Local Development Permits or Licenses.---
Upon receipt of notice from the DLR, the concerned agencies and the city or
municipality shall withdraw or revoke any development permit and other licenses
that may be necessary to develop the agricultural land subject of conversion.

SECTION 58. Utilization of Fines.---The fines collected under Sections 55,

60, 61, and 62 hereof shall automatically accrue to the Agrarian Reform Fund
consistent with the provisions of the CARL, as amended.

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SECTION 59. Failure to Formulate, Enforce, and/or Implement the
CLUPs.Consistent with due process, the DILG shall investigate, review, and
recommend appropriate action regarding local chief executives and other local
officials and employees responsible for the formulation, enforcement, and/or
implementation of the CLUPs in case of any of the following

a Failure to implement and enforce the CLUP due to
negligence of duty;

b. Failure to provide appropriate budgetary allocation to effect
its implementation; and,

c. 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
elected 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 due notice and
hearing by the appropriate body or agency, shall be punished with
forfeiture of salaries and allowances and suspension from:

1. Six (6) to nine (9) months, in case of non-
implementation of CLUP; or

2. Three (3) to six (6) months, in case of non-
completion of the CLUP.

SECTION 60. Person(s) Abetting Illegal Conversion.-- Any person initiating,
causing, inducing, or abetting illegal conversion shall, upon conviction, be
imprisoned from seven (7) to twelve (12) years and imposed 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, whether
elected or appointed, the penalty shall, in addition thereto, include dismissal
through permanent separation from the service and forfeiture of all benefits and
entitlements accruing to the public position and perpetual disqualification to run
or apply for any elective or appointive public office: provided, further, That if the
offender is a juridical person, the penalty of imprisonment shall be imposed on
the president, chief executive officer, manager, 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 58 of this Act

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SECTION 61. 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 of protected
agricultural areas into non-agricultural uses and exceeding the limits set forth
under Section 20 of the LGC of 1991, shall be penalized with imprisonment of
twelve (12) years and a fine of not less than One hundred thousand
(PIO0,000.00) 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 or 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 62. 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 DLR.

CHAPTER XIII
TRANSITORY AND FINALPROVISIONS,

SECTION 63. Convening of the LUPC.--- Within thirty (30) days from the

effectivity of this Act, the Secretary of Socio-Economic Planning shall convene
the LUPC.

SECTION 64. Implementing Rules and Regulations.- Within sixty (60) days
from the effectivity of this Act, the LUPC 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

SECTION 65. Congressional Oversight Committee on the Land Use Act.—--
There is hereby created a Congressional Oversight Committee composed of
seven (7) members from the Senate Committee on Environment and Natural
Resources and seven (7) members from the House of Representatives
Committees on Natural Resources and Housing and Urban Development. The
members from the Senate shall be appointed by the Senate President based on

38


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 secretariat of the Oversight Committee shall be drawn from the
existing secretariat personnel of the committees comprising the oversight and the
funding shall be taken from the appropriations of both the House of
Representatives and the Senate.

SECTION 66. Transfer of Powers and Functions.--- The functions of the
HLURB on land use planning as provided for under Section 5a, 5b, 5c, 5d, Se,
and 5f of Executive Order No. 648 and EO No. 72, series of 1991, shall be
transferred to the LUPC and its appropriate sub-national/LGU structures. The
NLUC shall also transfer all its powers and functions to the LUPC and shall
cease to exercise such functions.

SECTION 67. Retirement/Separation from the Service and Reemployment.-
--Employees of the HLURB whose positions are declared redundant as a result
of the implementation of this Act shall be entitled to separation pay and all the
benefits provided for under Sections 10.1 to 10.3 and 13 of Executive Order No
366 dated October 4,2004.

Any provision of law to the contrary notwithstanding, government
personnel who are separated as a result of the implementation of this Act shall
immediately qualify for reemployment to other agencies or branches of the
government including Government-Owned and/or -Controlled Corporations
(GOCCs), Government Financial Institutions (GFls), or local government units.

SECTION 68, Appropriations.-The appropriations for the National Land Use
Committee under the National Economic and Development Authority under the
current General Appropriations Act shall be used to carry out the initial
operations of the Land Use Policy Council. Thereafter, additional sums as may
be necessary for the full implementation of LUPC's functions shall be included in
the annual General Appropriations Act.

SECTION 69. Review of Existing Land Use Plans.--- Provinces, cities, and
municipalities with existing land use plans shall review, revise, reconcile, and
harmonize the same with the guidelines and standards set forth under this Act
within one (1) year from the effectivity of this Act.

SECTION 70. Repealing; Clause. All republic acts, executive orders, rules
and regulations, and other issuances, or parts thereof, that are inconsistent with
the provisions of this Republic Act are hereby repealed or modified accordingly.

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SECTION 71. Non-impairment Clause~ Nothing in this Act shall be
construed as to diminish, impair, or repeal rights recognized, granted, or
available to marginalized or basic sectors under existing laws including but not
limited to Republic Act Nos. 7279, 6657, 8371, and 8550.

SECTION 72. Separability Clause. If for any reason or reasons, any part or
provision of this Act shall be declared or held to be unconstitutional or invalid
other parts or provisions hereof, which are not affected thereby shall continue to
be in full

force and effect.

SECTION 73. Effectivity Clause.— This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.

Approved,

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